HomeMy WebLinkAbout1.02 Application Part 3TR-55
tmp#31.txt
rabular xydrograph ttethodInput Summary
oescri pti on
nainfall oistribution .ta/p rnterpolatjontotal Area
peak rimepeak rlov
Given Input Data:
Type IIoff
L15.7700 ac
768.000O min
5.8577 cfs
subarea o/s subareas
oescri pti on
Area(ac)CN TC
(mi n)
nainfall(i n)
Tt
(mi n)
62
64
64
66
77
E
E
6
E
c
D
E
F
6
53.0000
3. s000
52.0000
1.7000
5. s700
36.5000
36.5000
36. 5000
36.5000
46.5000
o.ooo0
o.0000
5. 0000
0.0000
5.00q)
2.4000
2.4000
2.4000
2.4000
2.4m0
support Data:
Messages:
warning: r,a/p > 0.5 in ror{ <1>. hcrease cN and/or nainfa'|I.-"/'
;n?;? ?ifi!'"t concentration rounded to 4s.oooo min in roru <2>.lnfo: rime of Travel rounded to O.0O00 min in rorv <2>.tnfo: rime of concentration rounded to 45.0000 min in ron <2>.tnfo: Time of Travel rounded to 0.O000 min in row <2>.tnfo: time of concentration rounded to 45.OOOO min in row <3>.Info: Time of trave] rounded to O.O0OO min in row <3>.tnfo: time of concentration rounded to 45.0000 min in row <4>.lnfo: time of rrave'l rounded to O.O0OO min in row <4>.rnfo: time of concentration rounded to 45.0000 min in rorru <5>.
eage 1
E:ftibit t6 pagp
tmp#36. txt
Manning Pipe Calculator
Given Input Data:
Shapesolvino foroiametEr - -
Flouurate
Slope ..
Computed Results:
DepthArea .
wetted lreawetted Perimeter
Perimeterve'locity
Hydraulic Radiuspercent rullFu'll flor rlowraterul'l floy velocity
Ci rcul ar
Depth of rlow
1.50O0 ft
4.1500 cfs
0.0100 ftlft
0.0240
0.9508 ftL.767L ft?
1.181L ft2
2.7627 ft
4.7L24 ft.
3.5138 fps
o.4275 fr.
63.3836 %
5.6898 cfs
3.2198 fps
critical Informationcritical depthcritical slilpecritical velbcity ...;..critical area ......critical perimetercritical hydraulic radiuscritica'l top widthspecific enbrgy
MIn'tmum energy
Froude number
0.7806
0.0r.86
4.4650
0.9295
2.4L74
0.3845
1. s000
1.1395
1.1709
o.7001
ftftlft
fosft2ftftftftft
FIow condition subcriti cal
eage 1
Exhibit 16 Page ?'
tmp#32. txtculvert calculator
Entered Data:ShaDe Ci rcularil;G" ;i'ii;;,'i;':::.:::::...... 1
Solving for .. Headwaterchart Number 1
scale Number L
Chart oescription CONCRETE PIPE CULVERT; No BEVELED RING
ENTRANCE
Scale Decsription SEI_ARE EDGE ENTRANCE IUrTH HEADWALL
overtoooino .. off
r'louvrat'e .:... 7.4000 cfs
uannino's n 0.0240
Roadwai Elevation 3.5000 ftlnlet Elevation 0.5000 ftoutlet Elevation 0.0000 ftoiameter 1.5OOO ftLength 50.0000 ft
Entiance Loss . 0.0000tailwater 0.5000 ft
comouted Results:' xeadwater .. ....:. 3.1730 ft out'let controlslope 0.0100 ftlftvelocity ... 5.5786 fps
ilessaoes:6utlet head > tnlet head.
computing outlet control headwater.' outlet not submeroed.
Normal Depth: 1.560O ftcritical oepth: 1.O538 ft
PIou is subcritical.
Normal depth > critical depth.Tai'lwater depth _< normal depth.
u2 drawdown profile.
railwater depth <= critical depth.
uepth comput'ed with direct steir method starting at critical depth
xeaduvater: 3.1730 ft
DIS- HEAD- INLET (ruTLET
CHARGE WATER COIIITROL COI.ITROL FLO,{ NORMAL CRITICALFIOUT ELEV. DEPTH DEPTH TYPE DEPTH DEPTHcfs ft ft ft ft ft
Ot,TLETVEL. DEPTH
TAILWATER
VEL. DEPTH
fpsftfps
1.46
0.50
2.92
0.50
4.38
0.50
5'.84
0. s0
7.30
0.50
8.75
0.50
LO.22
0.50
1.69 ?42
z.LL n2
L.74 M2
2.44 M2
0.00 NA
0.00 irA
0.00 NA
1.50 2.83
1.50 3.98
1.50 4.55
1.50 3.30
1.50 4.13
1.50 4.96
1.50 5.78
0.52 0.oo
0.76 0.oo
0.99 0.oo
1.50 0.o0
1.50 0.o0
1.50 0.oo
1. so o.oo
2.19
2.6L
2.24
2.94
2.42
2.48
2.83
0.62
o.92
1.18
L.77
1.92
1.98
2.33
0.52
o.76
0.99
1.50
1.50
1.50
1.50
Page 1
E fiibit 16 Page 32
DRAINAGE REPORT
The proposed drainage pattems and improvements are illusfated on ttre Drainage Plan (Section lll.F.). The
Drainage Plan also indicates the peak runoff during a 2S-year storm event at points of concentration (drainage
culverts) within the development- Peak Flows were calculated using the Soil Conservation Service Technical
Release No. 55 - "Procedures for Determining Peak Flows in Colorado". Stormwater runoff catculations are
attached.
Stornnnater runoff flows ftom a series of drainages in the hillside south of the proiect site. These drainage areas
are delineated on the Off-Site Drainage Areas Map attached to this report This off-site stormwater runoff flows
through a number of existing culverts under County Road 335 as shown on the Drainage Plan. This stonnwater
runoff, along with runoff ftom ffre proiect site, will be mnveyed to the Colorado River via a series of drainage
ditches and culverts as shown on the Drainage Plan. The proposed drainage culverts are designed to convey
the peak ffonv from a Z$year storm.
The Drainage Plan also shows the 100-year Floodplain and Floodway of the Colorado River. Portircns of Lots 1-
2O are located within the Floodplain. Building envelopes are delineated on these lots to prevent development
within the Floodway. These building envelopes also provide a minimum 30-foot setback from the ordinary high
water level of the Colorado River and Garfield Creek. Performance standards to protect residential strucfures on
Lots 1-20 ftom flood damage are outlined in Sre Floodplain Speciat Use Permit section of the Preliminary Plan
Submittal (Section Vll.A). Generally, all structures must be consfructed so that their lowest floor is at least 1 .foot
above the maximum eleVation of the '100-year flood.
Exhibit {6 PaSe 3ll
DRAINAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=6zt):
PASTURE OR IAWN AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
2S.YEAR, 2+HOUR PRECIPITATION:
STOR]vI\A'ATER RUNOFF:
PEAK RATEOF DISCHARGE:
SLOP E ADJUSTIT'I ENT FACTOR:
zs-YEAR PEAK FLOW: = (0.10) x (26.5) x (0.97) =
CUUVCNT HPE SIZE:
MA)(IMUM HEADWATER DEPTH:
CULVERT PIPE CAPACITY:
A
Cutvert E-1
24.0 acres
0.5 acres
12.0 acres
11.5 acres
63
13o/o
2.0 inches
0.10 inches
26.5 cfs/in
0.97
2.6 cfs
12 inches
36 inches
5.2 cfs
E fiiHt l0 page i{
DRAINAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=64):
PASTURE OR LAWIV AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
2S-YEAR, 24-HOUR PRECIPITATION:
STORITJMATER RUNOFF:
PEAK RATE OF DISCHARGE:
SLOPE ADJUSTMENT FACTOR:
2S-YEAR pEAK.FLOW: = (0.10) x (6.4) x (0.99) =
Ct,LVERT PIPE.SIZE:
MAXIMUM HEADWATER DEPTH:
CULVERT PIPE CAPACITY:
B
Culvert E-2
3.4 acres
0.1 acres
1.7 acres
1-6 acres
63
1SYo
2-0 inches
0.10 inches
6.4 cft/in
0.99
0.6 cfis
15'inches
30 inches
7.0 cfs
Exhibit t6 page 3E
DRAINAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=64):
PASTURE OR l3\ N AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
25-YEAR. 24-HOUR PRECIPITATION:
STORMWATER RUNOFF:
PEAK RATE OF DTSCHARGE:
SLOPE ADJUSTMENT FACTOR:
zs-YEAR PEAKFLOW = (0.12) x (6.6) x (1.06) =
CULVERT PIPE SIZE:
MA)(IMUM HEADWATER DEPTH:
CULVERT PIPE CAPACIW:
D
Culvert E-4
3.5 acres
0.1 acres
2.7 acres
0.7 acres
il
27Yo
2.0 inches
0.12 inches
6.6 cG/in
1.06
0.8 cfis
12 inches
12 inches
2.0 cfs
E 6ibtt t6 page 37
DRAINAGE BASIN:
POI NT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=64):
PASTURE OR LAW! AREA(CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
25-YEAR, 24-HOUR PRECIPITATION:
STORMWATER RUNOFF:
PEAK RATE OF DISCHARGE:
SLOPE ADJUSTMENT FACTOR:
2S-YEAR PEAK FLOW: = (0.15) x (3.9) x (1.09) =
CULVERT PIPE SIZE:
MA)(MUM HEADWATER DEPTH:
CULVERT PIPE CAPACITY:
F
Culvert E€
1.7 acres
0.1 acres
1.4 acles
0.2 acres
66
4Oo/"
2.0 inches
0.15 inches
3.9 cG/in
1.09
0.6 cfs
12 inches
48 inches
6.1 ctu
Exhibit 16 Page 39
DRAINAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=&$):
PASTURE OR LAWN AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
2S-YEAR, 2+HOUR PRECI PITATION :
STORMWATER RUNOFF:
PEAK RATE OF DISCHARGE:
SLOPE ADJUSruENT FACTOR:
2S-YEAR PEAK FLOW: = (0.14) x (s.2) x (1.221=
CULVERTPIPE SIZE:
MA)(IMUM HEADWATER DEPTH:
CULVERT PIPECAPACITY:
H
Culvert P-1
7.7 acres
0.8 acres
0.0 acres '
6-9 acres
65
2-2o/o
2.0 inches
0.14 inches
5.2 cb/in
1-D.
0.9 cfs
18 inches
18 inches
6.0 cfis
Efilbit 16 Page 4{
DRAINAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=&$):
PASTURE OR tAwN AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSHED SLOPE:
25-YEAR, 24-HOUR PR ECIPITATION:
STORMWATER RUNOFF:
PEAK RATE OF DISCHARGE:
SLOFE ADJUSTMENT TACTOR:
2s-YEAR PEAKFLOW = (0.12) x (33) x (0.91) =
CULVERT PIPE SIZE:
MA)(IMUM HEADWATER DEPTH:
CULVERT PIPE CAPACITY:
I
Culvert P-2
32.2 acres
1.3 acres
12.0 acres
18.9 acres
u
1O"/o
2.0 inches
0.12 inches
33 chlin
o.91
3.6 cfs
18 incies
18 inches
6.0 cfs
Exhibit 16 Pago 42
DRA]NAGE BASIN:
POINT OF CONCENTRATION:
DRAINAGE AREA:
IMPERVIOUS AREA (CN=98):
PINON/JUNIPER HILLSIDE (CN=64):
PASTURE OR LA\ rN AREA (CN=61):
COMPOSITE CURVE NUMBER:
AVERAGE WATERSH ED SLOPE:
2S-YEAR. 24-HOUR PRECI PITATION:
STORMWATER RUNOFF:
PEAK RATE OF DISCHARGE:
. SLOPE ADJUSTMENT FACTOR:
zs-YEAR PEAK FLOW: = (0.12) x (10.2) x (1.03) =
CULVERT PIPESIZE:
MN(IMUM HEADWATER DEPTH:
CULVERT PIPE CAPACITY:
Culvert P-3
24.3 acres
2.0 acres
0.0 acres
22.3*res
64
11%
2.0 inches
0.12 inches
10.2 cfs/in
1.03
1.3 cfs
18 inches
18 inches
6.0 cb
Exhibit 16 Page tt3
%*
Nil
-DRAINAGE
BASIN C\-,
,/1,$ll
DRAINAGE BASIN Eillt,i
.\i
\rlN
fril,rhr,
\tV-\ v.'._^r. \-, _ _/
s>{-1
THE RAPIDS ON THE COLORADO
ltti
,/1
\
o
Et&ibit 16 page 4{
BASIN F
T}
lLv
L
r(t\t ilj !1,\
.,n
THE RAPIDS ON THE COLORADO
PRELIMINARY PI.AN SU BMITTAL
OFF€ITE DRATNAGEAREAS
ENARTECH,INC. 5'20'95
EXHIBIT 17
Soils Hazard Map - Soils Type
Map and Dept. of Agriculture
Desriptions
EXHIBIT 17
Exhibit t7 Fagc_
FRO'I : l'lountatr€rossEng' I nc FAX N}.Arg.w ffi trt:12n}1 P3
TATEOF
COI,ORADOffiwki'ffifilOShrmm$et,fuonborr.Co @lPlrm @lifatrtFe @lffiaaor
ffi'sxL'.ffilkx!,,w
Jtno 30,2fi16
EmTl
TH
IPARf,tr{B.tTOF
I{ATURAL
RESGIRCES
tkSaUE
Mt Richrd Whcolcr
GafEold Couty BdldiDe md Pltoning Dcprtmcot
l(x) StSrleet, Suite20l
Gtaureod SpEingF, C0 tl60l
nlrdOEltErqhrC*E
Vf,mrmr.iffiimrillgrSOr&E
il
BE: CcotogE Aurrrlr nldltr of ltc Rrpfd. or te Cdondo F[rD.
DcaMr. qfhesl€r,
ThmL you fofu lard nrappliaoioo rcfcnat Al yourrcqusd ud iD aocotdecto ScoiE
BiU 35 gg7J; tlis officc lfu luyissd 6c mdcdds gubmincd by yurr o6cc. Ttc CG8 hd
previorsly rcvid this t d parcsl in 1996 ad dotivcrcd o yurr offica r gmcrclly &vorSlc lutd-
uro rwiew tctc datil fmc 2t, 1996 &d wu eddrcsscd o Mn Bric McCrfuy (CO$ LIJR No.
GA-gffif5I Thc propd Pt D hrr a sienifcant droge in hmrging dcurdty o CIIS co&ctcd
arscr cita im,crdg$im on Junc ALZcx}6. Ptano mddcr thc blbtrvilry &Grvt&nr md
rwmncodcime ru ru rwicw ee prqod Pt D.
It rycrr frc pqcrty ir h a rtata of erspodod dav@eot Ihp cdhe rmd l#rlut is i!
plm rud fru nc,wurhmrc [aue bccn comrraod ornryi& Viar Locncrtc in0rrsctiorith
itrdat*ret t-oe. Sms of thstmca aB vramt md ellqpocin E stdc of mi$odmcot
wirhlt Imdrryin& It is rurccrtEhby us whc&cr thcpopord htbudrics &olrt h lhelfuth
30, 200, 1rdllnirrrx,plao rrtcoirrca ru &o olnld homc froprirft. Wcrndcnml ftm ecentsrl
wasErrltrr tscamd ptm is irlrdcd udth tho dcttclryat plan
At strrcd io w qlier 1996 rwicrw, &c rits ha rclCivety bGtri8B geohgic tuz8ll
mdidotrs. Ito de fics a o old riyrcr tc*rrac md prc&Ed rivcr SrrycI rhallwly undodietho
prq6rty, cilfah au ovcrtaia by fm-gdncd soils th* li&dy thickcn toryadr CR 335 md to qpcr
it *;henf, Th.ss thin rrmtlcs of fugnioEd ooita wcrli,ing tlre grrvel may-be hydmooryrctivc
m futc-epecifia furDddim ilv8ig6ios tc rc-omended. IkG al hro & bsd potdl
rus. tho is &cminc rirk of $allos'fiiturcs u slorg[ing of tho dqc eor,?'thc titc' rlhfoh h mt
eeieptfcsnt h.zild becarlsguoL roelldqlc frilrr"rouldnad to crosr CR.335bcfu€€ttElngE
&qfrk qr 6caJohado. Prrs I
FRtll : ltqrntainCt ossErrg, Inc FS( tE. :9U9455558 Rrg. Bm69:l&n P4
&edovelopmeot Thc secmd ia tbe posstility of minor dcbris flor, flooding fiDm thc mall
&rinsgcbssin ths srits otrb CR 335 acmss ft,orn &cPaddlcu,hl t irenrnr-off. Ttsrc is a
po8tfibil$y &at conccotrated f,os/E cutld cross the roedwryino tbc dcveloprar ftc oristing t8-irdt culvert is poorly naintrined fid aln6t cmptcf,cly pirum ofr, Thc fir*r lot o tb we*-side
ofPaddlcryboet s[ould imporalo somo tlpc of rluttos surol-G/bcrn coffiBEatim in its hndmrying .t T*rr" mf poeublo florys to the west, toumdr eE adjeod oprn cpaca
In doeg; pswidod thaobstrvdioas ud remncodatioae slete a6ow srs Doficd d
corytioil widr, wc herrc m finlhcr oonocrn with lhe dcvehpud Lrsit is prlcdty imcodcd. If
my intaroctcd puty lac ury qucaionr $out dfu rwi!ry leficr, plooeo comrot Ois omcc t (fOf)
E66-355 I or e-mail: ionda+uAi@stete.co.u$
Siaoerely,
Scoic EngineedAg Ooologist
Rryhb or drc (?rPnerb, Prgr I
E thibit 17 Page 3
E &ibft 17 Page r
E filblt {7 Page 5
United States
Department of
Agriculture
Soil
Conservation
Service
ln Cooperation with the
Colorado Agricultural
Experiment Station
Soil Survey of
Rifle Area,
Colorado
Parts of Garfield
and Mesa Counties
.. --\.:'..: :
... -:j':r-' i:{
ffi;':1
Exhibit 17 Page 7
E fiibit 17 page I
Foreword
The Soil Survey of Bifle Area. Colorado. contains much information useful
in any land-planning Program. Of prima importance are the predictions ol soil
behavior for selected tand uses. Also highlighted are limitations or hazards to
land uses that are inherent in the soil, improvements needed to overcome
these limatations, and the impact that selected land uses will have on the envi-
ronment.
This soil survey has been prepared lor many ditferent users. Farmers.
ranchers, fgresters. and agronOmists can use at tO determine the pOtential ol
the soil and thE management practices required for food and fiber production.
Planners. Community Officials. engineers, developers, builders, and homebuyers
can use it to plan land use, select sites lor construction, develop soil resources.
or identity any special practices that may be needed to insure Proper Perform'
ance. Conservationists, teachers, students. and specialists in recreation. wildlile
management, waste disposal. and pollutiOn cOntrol Can use the soil survey to
help them understand, protect, and enhance the environment.
Great ditferences in soil properties can occur even within short distances.
Soils may be seasonally wet or subiect to flooding. They may be shallow to
bedrock. They may be too unstable to be used as a foundation for buildings or
roads. Very ctayey or wet soils are poorly suited to septic tank absorption
lields. A high water tabte makes a soil poorly suited to basements or under'
ground installations.
ThEse and many other soil properties that atfect land use are described in
this soil survey. Broad areas of soils are shown on the general soil map: the
location ol each kind ol soil is shown on detailed soil maps. Each kind of soil in
the survey area is described, and much information is given about each soil lor
specific uses. Additional inlormation or assistance in using this publication can
be obtained from the locat off,ce ol the Soil Conservation Service or the Coop'
eraWe Extension Service.
This soil surv€y can be useful in the conservation. development and pro-
ductivE use of soil, water, and other resources.
Robert G. Halstead
State Conservationist
Soil Conservation Service
vll
E filbit {7 Pagp f
DEN\'ER
GR.{.\D JUNCTTON
O
o TRIlilD.{D
o
SPRI.\GFIELD
-a
16 Stote Agriculturol Experiment Stotion
L*ation of RllteArea in @tuado.
E &ibit t7 page t0
solL SURVEY OF RIFLE AREA, COLORADO
PARTS OF CARFIELD AND MESA COUNTIES
By Jerry B. Harman and Donald J. Murray
Soils sunreyed by Jerry B. Harman. Donald J. Murray, Tom S. Bargsten. Steve C. McWilliams.
Michael L. Petersen. andWilliam P. Tripp, SoilConsenration Service
United States Department of Agriculture, Soil Conservation Serviee, in cooperation with the
Colorado Agriorltural Erperiment Station
RtFtE AREA, parts of Garfield and M6sa Goun0es. is
along the Colorado River'in northwostEm Colorado (see
map on facing page). Approximately 99 perc€nt of the
$rruey area ls in G.arffeld County, and the rest is- in
north+entral Mesa County. The suruey area coveftt
629,860 acrss, or 984 square miles
General nature of the area
Rille Area consists of broad foothill valleys, nalrow
mountrain valleys, high rolling plateaus dlssected by
steeP canyons, and high mountains. Elevation ranges
lrom 4.950 feet near Grand Valley in the westem part o,
the survey area to 10,600 feet on the top of Sunlight
Peak in the southeastem parL The survey area ext6nds
approximately 48 miles east and west and varies in width
from 6 to 27 miles.
The Rifle Area and its pdncipal dties of Glenwood
Spdngs and Rifle are known for year-round outdoor rec-
reation and related seMces and tade. lmportant among
the other economic resources ol the area are crops,
livestock, aird minerals.
Hlstory and development
ThE Rifle Area was one ol the oldest gathering places
for the Ute lndian tibe. They huntEd in the valley and
sunounding mountains.and camped at the east end of
the area near Yampah Hot Springs.
The ftrst explorers to enter thE Rifle ArEa were Friars
Escalante and Dominquez in lZ6. ln 1860, Captain
Richard Sopris and his party entered the valley from'thE
east (/o).
ln 1881, the Ute lndians were placed on reservations
and the United States Government opened western
Colorado to development Emigrants chose most of this
area as a good location for farming and ranching (41.
The ffrst homestead of 160 acres was liled for in 1880,
near the present site of the city of Rifle.
ln 1883, Garffeld Gounty was established. Grand
Springs, which was established and renamed Glenrvood
Springs in 1885, was the psrmanent county seat Sette-
ment of thb area proceeded rapidly. New CasUe, Silt
Rifle, and Grand Valley were established wtthin a fEw
years.
Agriarlture was the main factor in dwelopment and
settlement ln Silt, Rifle. and Grand Valley. Frult oops.
small grains, a variety of vegetable croPq and hay were
grown initially in the area. Wth the comlng of the railroad
in tggO, Rifle became a mator llvestock shipping center.
Although very llttte ltuestock is shipped by rail riour, this
area still depends largely on lfuestock production
Mineral production and speculadon has influenced the
dwelopment of the Rifle Area Coal, vanadium, and ura-
nium were mlned. A very productive natural gas field was
developed in the south-cental part of the Area Ol shale
deposits wEre first examined and reported to be a poten-
dal source of oit about 1915.
Bcellent huntng, ffshing, hiking, stimming, and skiing
make this area a.yearound recreaton oanter. ln 1890,
the waters of the Yampah Hot Springs werE hamessed
and dwelopEd lnto a wuimming pool and vapor cave.
ThE Glenwood Springs area has beEn a maior toutist
attaction slnce.
Glernvood Springs and Rifle are the largest cities in
the Area Glenwood Springs (ftg. 1) has a population of
5,688, and Rifle has a population of 2,600. West Glen-
wood, an unincorporated area iust west of Glenwood
Springs, has a population of 1,840. Grand Valley has a
population of 525, New Castle has a population ol 656,
and Silt has a population of 966. The rural population of
the Rifle Area is 5,254.
E fiibit {7 PagB ll
2 SOIL SURVEY
( thysiography, dralnage, and reliel
\--"2 fne Rifle Area is in the centrat part of the Southern
Bocky Mountains. ln general, the greater part of the area
consists of high mountains, plateaus, foothills, and
narrow valleys There ar6 some relatively broad flood
plains and valleys. Some small mesas have a deposit ol
silty loess over old rfuer tenacE cobbles and stony basal-
tic outwash.
Etevation within the Rifte Area varies'from approxi-
mately 4,950 teet abore sEa level along the Colorado
River in the westem part of the ArEa to 10,600 feet on
the high mountains ln the southeastem part The eleva-
tion of Bifle, along the @lorado RlvEr in the cenfd part,
is 5,345 lEet Glenwood Spdngs, along the Golorado
River in the eastem part is at 5,7611 leet Elevailons
increase sharply on either side of tha Colorado River
valley.
The Colorado River flows in a westerry to southwester.
ly direction through the Area The Roaring Fork River
drains the eastem part of the Area, and many creeks
drain the westem part (ffg. 2). The most lmportant creeks
are South Canon Greelg DMde Geelq Mamm Creek,
Beaver Creelq Porcupine Creelq BatUement CreEk, and
Alkali Creelq all on the south slde oJ the Colorado RivEr
and Oasis Geek, Mitchell Creelq Canon CreEt<, Elk
Creek, Goreminent Geek, and Parachute Creek on the
frth. Many lntermittent drainagervays also flow into the
.rlorado Rlvee The tdbutaries on the north side of the-*,,rv€r drain thE high mwntains and plateaus. The Flat
Tops in the northeastem part of the Area are primarily
sandstone ard limestone. They are.high, rolling moun-
trains cut by nanow, steep canyons and well-defined
drainageways..The Roan Plateau dominates the. lan&
scape in the northwestem part of the area The.plateau
consists of rolling to steep mountainsides and well de-
fined nanow mountaln valleys and drainageways. B-
tremely steep canyons and cliffs exposing the Green
River Formation are along Parachute Creek and its tribu-
taries. Underlying the Green River shale are exposures
of multicolored, sil$ Wasatch shalE.
The major creeks on the south side of the Colorado
River drain the BattlemEnt Mountains, the Divide Creek
Valley, and the high mountains south of Glenwood
Springs. The Batdement Mountains consist primarily of
Green Hiver shale and the underlying Wasatch'shale.,
The DMde Creek Valley ls. an area of low lying fans,
ridges, and mesas of mlxed shale, sandstone, and basal-
tic allwium. Heddish silty loess has been deposited over
most of this valley. The mountains south of Glenwood
Spdngs are mixed sandstone and shale with a basalt
cap in many areas. The mountains are steep and have
narow valleys and well defined drainageways.
The Colorado River. Valley varies in width from 1/2 to '' miles. lt consists of nearly level flood ptains and low
races. The water table fluctuates between depths of
.;-ss than 10 inches and more than 60 inches.
Adjacent to the valley are higher lying teraces and
mesas. The best irigated soils in the area are on these
tenaces. The terrace soils are normally well drained, and
deep over cobbles and gravel. The mesas normally have
a deep deposit ol reddish silty loess over cobblds and
gravel Slope on these tenaces and mesas ranges from
nearly levelto gently sloping and rolling.
Cllmate .
ln Garfteld Gounty, summer is warm or hot in most
valleys and much cooler in the mountains. Winter is cold
in the mountains. Valleys are colder than the lower parts
of ldipery mountains because of cotd air drainage.'pre-
clpitation lalls in the mountains throughout the year, and
a deep snowpack accumulates during winter. Snowmelt
usually supplies much more water than can be used for
farming.
ln valleys precipitation in summer falls as showers:
some thunderstorms occur. ln winter the ground is cov-
ered with snow much of the time. Chinook winds, which
blow downslope and are warm and dry, often melt and
evaporate the snow.
Table 1 gives data on temperature and precipitation in
the survey area, as recordEd at Rifle, from 1g5i to 1974.
Table 2 shows probable dates of the tirst lreeze in fall
and the last freeze in spdng. Table 3 provides da|3 on
length of the growing season.
ln winter the average temperature is 25.S degrees F,
and the average daily low is 12.0 degrees. The lowest
temperature on record. -38 degrees, occuned at Rifle on
January 12, 1963. ln summer the average temperature is
67.3 degreeg, and the average daily high is 86.6 de-
grees. The highest temperature, l0I degrees, was re-
corded on July 11, 1954.
Growing degpe days, shown in table l, are equivalent
to'heat units." Bbginning in spring, groyving degrbe days
accrmulate by the amount that the average temperature
each day gxceedg a base temperature (40 degrees F).
The normal monthl! accumulation is used to schedule
single or successlye plantings of a crop between the last
lreeze in spring and the first freeze in fall.
Of the total annual precipitation, 5.69 inches, or 51
percent usually falls from Apdl to September, which ln-
cludes th9 g.rowing season for most crgps. Two years in
ten, the'April-SeptembEr rainfall ls less than 3.8{inches.
The heaviest l-day rainfall during the period of record
was 1.95 inches at Rifle on OctobEr lg. 1957. Thunder-
storms number about 35 each year, 2'! of which occur in
summer.
Avegge sEasonal snowfall is 50 inches. The greatest
snow depth at any onE time during the period oi record
was 29 inches. On the averagE, 24 days have at least
one inch of snow on the ground, but the number of days
varies greatly from year to year.
The average relative humidity in'midafternoon is less
than 33 percent in spring; during the rest of the year it is
E &ibit 17 Pagre _.
RIFLE AREA @LORAOO
'about 44 percent Humidity is higher at night in all sea'
sons, and the average at dawn is about 59 percent The
percentage of possible sunshine is 77 Percent in
summer and 61 percent in winter. The prwailing wind is
lrom the east-southeast Average windspeed is highest
10 miles per hout in June.
Much of the Rifle Area is higher than Rifle and is
somerrhat cooler and recelves more precipitation. Glen'
wood Springs! near the eastem edge of thE Area" aver'
ages about one degree cooler than RlflE and receives
about 5 inches more precipitalion per year.
Farming and ranchlng
The first setters tn the Hlfle Area were homesteaders
who came to darelop the land lor farming and ranching.
lnigation systems were soon constructed and a wide
variety of small grains, hay, and vegetables were suc'
cessfully gro!,vn. Sugar beets were introduced about
1910 and were a maior cash crop until the early 1950's.
when transportation and fteld labor shortages forced the
producers to $ow other ctops
Farming today is primuily concemed with forage for
livestock Thers is about 62,000 acres, or about 10' percent of the Rifle Area. in crops and pasture. About' 18,000 actes is used for inigated pastlre, and.appro$-
mately 44,000 acres is used for haryested crops. Of this,
approximately 40,000 acres is inigated, and the remain-
ing 4.000 acres is dryfarmed. Approximately 80 percent,
or 32,000 acreq ol the inigated oops is used for alfalfa
and alfalfagrass mixtures for hay. Other inigated crops
include com for ensilage, gats, and barley. Wheat is the
main dryfarmed. crop, and a smalt acreage of oats and
barley is grown (9).
Livestock is the most important part of the Areals
. agiarlture. Most livestock operations are cowcalf. A lew
ranchers raise feeder calves and sell them to oommer-
cial feedlots elserrhere. About 65 percent of the Rifle
Area is native rangeland. About 20 percent ol the Area is
woodland with considerabte gradng value. ,
The Rifle Area is sunounded by land administered by
the Bureau of Land Management and the Forest Service.
Most ranchers in the area lease grazlng allotments on
.these lands for summer grazing. Hay, grain, and forage
for ensilage are grown under inigation and fed to the
ilivestock in winter.
Farms and ranches in the RillE'Area have beconle
fewer aqd larger over the last 10 years. A considerable
, amount of land has been sold to land danelopment com-
. panies for housing projects. Other land has been sold to
neighboring ranchErs. ln 1974, there were 41 lewer
farms and ranches in GarfiEld County than in 1969.
Natural resources
Soil, water. vanandium. uranium, natural gas. coal. oil
shale, sand and gravel, and wildlile are the maior natural
resources ol the Rifle Area
Soil is the most widely used of the Area's resources
and can yield benefits without depletion if managed and
used properly. The purpose of thls report is to aid in
maintaining and improving the value of the soil resourca
The soil in the Bifle Area has a multitude of uses. includ.
ing inigated crops, trees, rangeland. and urban develop-
ment
The main sourcg of surface water in the Rifle Area is
the Colorado River. Many tibutaries to thE Colorado
Biver contribute to the quality and quantt! ol water.
lnigation and domes$c water supplies are obtained from
these sources.
Vanadium and uranium are mined ln the Area and
extracted from the or.e at the mill at Rifle. Natural gas
fields are in the southem part of lhe survey area They
are not too concentratod in any one area but are consid-
ered to be high producers. Coal is a potential maior
resource in the Rifle Area lt was once intensively mined
along the Grand Hogback near New Casde and Rifle.
Reportedly, huge beds of coal are in the Grand Hog-
baclc Oil shale is another rasource with enormbus po-
tEntal. The northwestem part of thE Area contains the
thickest richest, and most easily mined oil shale (actual-
ly marlstone rather than shale) deposits in the Green
Rlver Formaton ol Colorado, Utatr, and Wyoming (5).
ThE Green River Formation ls the laryest oil shale d+
posit ln the world (fig. 3). Sand and gravel deposits are
abundant along the tenaces adiacent to the Colorado
.Rfuer. These deposits have been developed and used to
some odent br construction of an Jnterstate highway
and for local building. ''
The Rifle fuea has somE of the best hunting and
fishing in the StatE of Colorado. Well managed fish and
game programs ars responsible for the development of
this resourca
Becreatlon and tourlsm
The natural beaqty of the Rille Area with high moun-
talns on either side of the Colorado Biver Valley and the
abundance of recreational facilities has created a large
tourist trade, especially in the eastem part of the Area
The Yampah Hot Spdngs at Glenwood Sgings was
dErreloped as a health and recreation center soon after
the area was sEttled. lt achieved wodd-wide farne as a
health resort and today is a malor attactlon. The Hot
Springs'pool is the largest outdoor srimming pool in
Colorado and is open allyear.
Hiking and'camping are also favorite recreations in the
Rifle Area The WhitE River Natonal Forest borders the
Area. .lt has many four-wheeldrtve roads, horseback
trails, and foot trails.
Exhibit 17 Pat
SOIL SUBVEY
Tle White River Natic:ral Forest supports the largest
. elk and deer populati,,ns in Colorado. ThE lakes.
streams. and rivers of tire WhitE River National.Forest
and the Rifle Area are well stocked with tsout and pro-
vide excellent fishing. Local fish hatcheries supply trout
for restocking these waters. The Rifle Falls Fish HatctF
ery is the largest State hatchery in Colorado and one of
the largest in the world
Cr6ss-country and doflnhit! skiing and snowmobiting
are also popular.
The Rifle Area is accessible by lnterstate 70 and the
Rio Grande Wes'tem Railroad. Regutarly scheduled com-
mercial airline flights fly into Aspen, 45 miles southeastof Glernvood Spdngs, and Grand Junction, 64 miles
southwest of Rifle.
How thls survey uras made
Soil scienffsts made this suiley to team what kinds of
soil are in the survey arsA where they arg and hor they
can be used The soll scienfsts went into thE area know-
ing they likely world locate marry soils they already knew
something about and perhaps ldentify some they had
nev€r seen bEfore. They observed the steepnesq length,
and shape of slopes; the ske of steams and the general. aattem of drainage; the kinds of native plants or crops;
e kinds of roch and many facts about the soils. They
-_. rg many holes to e)pose soil profiles. A profile is the
sequence of natural layerc, or horizons, ih a soil; it ex-
tends from the surface down into the parent material,
which has been changed very lit0e by leaching or by the
action of plant roots.
The soil scientistrs recorded the characteristics of the
profiles they sfirdied, snd they compared those profites
with others in counties naarby and in ptaces mdrE dis-tant Thus, lhrough conelaiion, the!, classifiEd and
named the soils according to nationwide,.uniform prgce-
dures.
After a guide for ctassifying and naming the soils was
worked oul the soil scientists drew the boundaries of the
soils.on..aerial photographs. These photographs show
woodlands, buildings, field borders, roads, and other d+
tails that help in drawing boundaries acctrately. The soil
map at the back of this publication was prepared from ,
" aerial photographs.
.The areas shown on a soil map are called soil map
units SoiTE map units are made up.ot one kind ol soii,
others are made up of two or moro kinds of soil. and a
few have little or no soB material at all. Map units are
discussed in the section= "General soll ma! for rbroad
land -use planning" ,and "Soil maps for deiaileO ptan-
ning."
While a soil survey ls in progress, samples of soils are
Bn as needed lor laboratory measurements and for
_ gineering tests. The soils are fteld tested, and interpre-
tations of their behavior are modilied as necessary
during the course of the survey. New interpretations are
added to meet local needs. mainly through field observa.
lions ol ditferent kinds of soil in ditferent uses under
ditferent levels of managemenL Also, data are assem-
bled lrom other sources, such as test results, records,
field expedence, and information available from state
and local specialists. For example, data on crop yietds
under delined practices are assembled from farm rec-
ords and from field or plot experiments on the same
kinds ol soil.
But only part of a soil survey is done when the. soils
have been named. descdbed, interpreted, and delineated
on aerial photographs and when the laboratory data and
other data have been assembled. The mass of detailed
information then needs to be organized so that it is
rgadily- available to ditferent groups of users, among
them farmers, managers ol rangeland and woodland-,
engineers, planners, developers and builders, home-
buyers, and those seeking recreation.
General soil map for broad land use
planning
The general soil map at the back of this publication
shonrs' iq color, map units that have a distinci patteln of
soils and of relief and drainage. Each map unit is a
unique natural landscape. Typicalln a map unit consists
of one or more major soils and sgm6 minor soits. lt is
named for-thE -major soils. The soils making up one unit
can occur in other units but in a different pattein.
The general soil map provides a broad perspective of
the soils and landscapEs in the survey area- lt provides a
basis lor copparilg the potential of large areds for gen-
eral kinds of land use. Areas that are, for the most part,
suited to certain kinds of farming or to,other land uses
can be identifiad on ihe map. Ukewis6. areas of soils
having properties that are distinctly unfavorable for cer-
tain land uses can be located.
Because of its small scale, the map does not show the
kind of soil at a specific site. Thus. it is not suitable for
planning the management of a farm or field or for select-
ing a site for a road or buitding or olher stiucture. The
kinds of soil ln any one map unit ditler from place to
place in slope, depth. stoniness, drainage, or ottier char-
acteristics that atfect their management
The soils in the survey aroa vary widely in their poten-
tial for maior land uses.
Descrlptlons of the general soll map units
1. Parachute-Rhone-lrlgul
Deep to.-shalloq well draine4 moderatety sloping to
steep solls on mountains and ridges
This map unit is in the northwestern part ol the survey
area. Elevation is 7,500 to 8,700 te6t. Tne soils ar6
Exhibit 17 Par-
25RIFLE AREA. COLORADO
Mule deer, wild horseq snowshoe harE, and
grousolind habitat on these soils.
Community development is limited by steep slopes
and shallor depth to rock.
harvesting. ThE lod available water caPacity affects sur-
viialof seedlings.'Mule
deer, snowshoe hare, and some blue grouse lind
habitat on this soil.
.Community devetopmer.i is seVerely limited by shallow
depth to bedrock and very steep slopes.
This soil is.in capabitity. subclass Vlle, nonirrigated.
38-lrlgul-Starman channery loams,'S to 50 per.
cent slopes. This complex is on ridge crests and moun'
tainsides. Bevation ranges from 7,800 to 9,000 feel The
soils lormed in residuum irom sandstone and marlstono.
The average annual precipitation is about 20 inchEs, thq
average annual air temperafure is about 40 degrees F,
and'the avorage frost-free Period is less than 75 days.
The lrigul soil makes up about 55 percent of the unit,
and thE Stannan soil makes up about 30 percent The
lrigul soil ls on mountaihsides and. the less windsrtept
parts of the landscape, and the Starman soil ls on ridge
crests.
The lrlgul soil is shallow and wEll drained. Typically,
the surface layer is grayish brown cfiannery loam about
6 inches thick The undeffig material is yellowish
brown exUemdy channery sandy clay loam about 11
inches thick Hard, lractured sandstone is at a depth of
17 inches.
Permeability of the lrigul soil is moderate. and availa
. ble water capacity is very lou Effecltue rooting depth is'10 to 20 inctres. Surface runoff is medium, and the
erosion hazard ls slight
The Starman sotl is shallow and well drained. Typical-
ly, the surfacE layer is brown, calcareous channery loam
about 3 inclres thick ThE underlying material is very pale
brown, strongly calcareous octremely channery loam.
Bedrock is at a depth of 13 inches.
Permeability ol the Starman soil is moderatE, and
available water capacrty is very low. Effective rooting
depth is about 10 to 20 lnches. Surface runoff is
medfum, and the erosion hazard is slight
lncluded with thEse soils in mapping are small areas of
Parachute soils ln small depressions. These areas make
up about 5 to 15 percent of the map unit
These soils are used mainly for limited grazirig and
wildlife habitat
The natlve vegetation on the lrigul soit is mainly
wheatgrass. bluegrass, mountainmahogany, and service-
berry. The native vegetation on thE Starman soil is
mainly wheatgrass, penstemon, goldenweed, and buck
wheal
When rang6 condition deteriorates, forbs
growing shrubs increase. Properly managing
maintains and lmprwes railge condiUon. i
This complex is in capability subclass Vlle. noninigat'
ed.
39-Jerry loam, 12 to 50 percent'slopes. This deep'
well drained, strongly sloping to steep soil is on moun'
tainsides. Etevation ranges from 7,000 to 9.500 feet This
soil formed in allwium derived from sandstone. shale.
and basalt The averagE annual PreciPitation is about 20
inches, the average annual air temperature is about 41
degrees F, and the average lrost-free period is less than
75 days.'
Typically, thE surlace layer is dark grayish brown loam
abouit g lnches thiclc The subsoil is yellowish brorn and
tight brown cobbty clay loam about 37 inches thick The
substratum is light brorvn cobbly c-lay to a depth ol 6o
inches.
tncluded wtth this soil in mapping are small areas of
Tanna and Doltard soils at lower elevations. These areas
make up 5 to 10 percent ol the map unit
Permeability is slow, and availablE water capacity ls
high. Effective rooting depth is 60 lnches or more. Sur'
face runotf ls sloq and the erosion hazard is moderate.
This soil is used mainly for limitEd grazing and wtldlife
habitat
The native vegetation on this soil is painly Gambel
oah bromes, and elk sedge.' When range is in poor condition, Kentucky bluegrass,
undesirable we€ds, and annual plants are numerous.
Properly managing grazing maintalns and lmproves
range condition.
MulE deer, elt<. blue grousq gray squinel, and wild
turkey ffnd habitat on these soils.
Gommunity development ls limited by hlgh stuink'svuell
potential, steep slopes, and low slrength. Building sites
and roads need good drainage. This soil slumps when
saturated or if cut deeP.
This soil is in caPabllity subclass Vlle, noninigated.
40-Ktm loam, 3 to 6 percenf stopas. This deep,
well drained, gently to sloping soil is on allwial fans and
benches. Elevation ranges from 5,00O to 6,000 feet This
soil formed in allwium derived from shale and sand'
stone. The average annual precipitation is about 12
inches, the average annual air temperature is about 46
degrees F. and the average frost-free period is about
125 days.
Typically, the surface layer is yellowish broyn or light
yellowish brown loam about 17 lnches thick. The under'
lying material is light brownish gray loam to a depth of
60 inches. ln places the underlying material is stratified
with fine sandy loam.
lncludEd with this soil ln mapping are small areas of
Arvada and Olney soils that have slopes of 3 to 6 per-
cent These areas make up 5 to 15 percent of the map
uniL
Permeability is moderate, and available water caPacity
is high. EtfEctive rooting depth is 60 inches or more.
and low
grazing
blue
Efilbit i7 pagB tt
26 SOIL SURVEY
Surface runoff is slow. and the erosion hazard is moder-
ate.
,This soil is used mainly for crops, hay, and pasture.
Alfalfa, small grains, and grass or grass-legume mixtures
are grown.
This soil is inigated by flooding or funows. Sprinklers
are also suitable. Drop structures in ditches controlwater
and prwent excessive ditch erosion.
The native vEgetation on this soil is mainly wheat-
grasses, needleandthread, and sagebrush.
When range condition detedoratEs, forbs and. shrubs
increase: When the range is in poor condition, undesira-
ble weeds and.annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves thE range. Seeding im-
proves range in poor. condition. Crested wheatgrass,
western wheatgrass. and Russian wildrye are suhable for
seeding. Prepaing a seedbed and ddlling the seed are
good practices.
Cottontail rabbit ground squinel, and pheasant find
habitat on this soil.. Use of this soil lor community development and as a
source of. construcUon material i'b nmiteO'Uy low strength.
This so,il is in capability subclasses llle, inigated, and
lVc, noninigated.
4l-Klm toam, 6 to 12 percent slopes. This deep,. well drained, moderately sloping to rolling soil is on allu-. vial fans and benches. Elevation ranges lrom 5,000 to
,6,000 feet This soll formed in allwium derived from. shale and sandstone. The avefttge annual precipitation ls
about 12 inches, the average annual air temperature is
about 48 degrees F, and the average frost-free period is
about 125 days
Typicalln the srrface layer is yellowish brorn or light
yellowish brown loam about 17 inches thick The und-er-
lying matedal is light brownish gray loam to a depth of
60 inches. ln places the underlying material is stratified
with fine sandy loarn
lncluded wlth this soil in mapping are small areas of' Aruada and Potts soils that have slopes of 6 to 12
percenl These areas make up 5 to 15 percent of the
map unil
Permeability is moderate, and available water capacityis high. Effective rooting depth is'60 inches or more.
Surface runotf ls slow, and the erosion hazard is moder-
ate.
This soil is used mainly for crops, hay, and pastu're.
Alfalfa, small grains, and grass or grass.legume mixtures
are grown.
Tfris soil is inigated by flooding and funows. Sprinklers
are also suitable. Drop structures in iriigation ditches
controlwater and prevent excessive ditch eros[on. Keep
. ing the soil in hay or pasture at least three-fourths of the
time helps to cuntrol erosion.. The na$ve vegetation on this soil is mainly wheat-
grass, needleandthread. and sagebrush.
When range condition deteridrates. forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
westem wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drifling the seed are
good pracilces.
Cottontail rabbit, ground squinel, and pheasant find
habitat on this soil.
Use of this soil for community development and as a
source ol construction material is limited by low strength
and steep slopes.
This soil is in capability subclasses lVe, inigated, and
Vle. noninigated.
42-Lamphter toam, 15 to 50 percent stopes. This
deep, well drained, steep soil ls on fans and mountain-
sides. Elevation ranges from 7,500 to 10.000 feet. This
soil formed in residuum from sandstone and shale. The
average annual precipita$on is about 2l inches, the
average anntrql air temperature is about 40 degrees F,
and the frost-free period is less than 75 days.
Typically, the surface layer is dark brown loam about
30 inches thick The underlying material is reddish brown
and dark reddish brown loam to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Alnry soils and Rock outcrop. The Almy soils'are at
lower elwations. These areas make up S to 10 percent
of the map uniL
PermeQllrty is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runotf is slow, and the erosion hazard is slight.
This soil is used mainly for grazing, witdtife habitat ind
recreation.
The native vegetation is aspen and an understory of
bromes, elk sddge, wildrye, wheatgrgss, peavine, cotum-
bine, snowberry, seMceberry, and chokecheny.
When the understory vegetaton deteriorates, forbs,
shrubs. and Kentucky bluegrass increase. Properly man-
aging grazing maintains and improves the understory
vegetation.
This soil is suited to production of quaking aspen. lt
can produce 4,050 cubic leet of wood per acre or 6,900
board leet of timber from a fully stocked, wen-aged
stand of 80-year-old trees. At the present there is-no
commercial harvest of the aspen. Steep slopes atfect
.harvesting, and special attention is needed to reduce soil
loss dudng harvesl
Mule deer, elk. blue grouse, and snowshoe rabbit find
habitat on this soil.
Septic tank filter fields, communig development, and
roads arE limited by steep slopes. Surface runoff from
snowmelt increases the erosion hazard on cuts and fills.
Seeding reduces the erosion hazard. Roads can be d+
E fiibit 17 Pege
36 SOIL SURVEY
Use of this soil for communi$ development, lor sani'
tary facilities. and as a source of constnuction material is
limlted by steep slopes, high clay content, low strength,
depth to bedrock and shrink-swell-potential. Road con'
struaion and building foundations can be designed to
reduce the etfects of shrinking and swelling. A good
drainage system reduces soil slumping.
This soil is in capability subclass Vlle, noninigated.
65-Torrlftuvents, nearly level. This broadly defined
unit consists of deep, well drained to somewhat poorly
drained, nearly lanel soils on flood plains adiacent to the
Colorado and Roaring Fork Rivers and their maior ribu'
taries. Slope ls 0 to 6 percent The soils formed ln
allwiurn
These soils are straUfied and vary widely in texture
and depth. The surfacE layer ranges from loarny sand
and fine sandy loam to silty loam and clay loam. The
underlying layers are generally sandy loam or loam strati-
fled wtth sand. gravel, and cobbles. ln some areas gravel
and cobbles are on or near the surface.
The water table flucfuates between depths ol 2 and 4
feet and ln some years is near the surface during sPdng
runoff lrom snowmelt These soils are subiect to brief,
occasional flooding late in spdng and early in summer.
lncluded ln mapplng are small isolated areas of Wann
solls.that have slopes of 1 to 3 percent Small argas of
soiii urit are moderately to swbreU affected uy arau
are ldentifted by an alkali spot syrnbol. Small, isolated
areas where water stands at or near the surface all year
are idenfrlied by wet spot. and marsh spot symbols.
ThesE areas make up 15 percent of the map unit
These soils are used for wildlife habitat recreation,
and some grazing.
The native vegetation ls mainly cottornuood,.willow,
tamuisk and water-tolerant grasses, sedges, and rushes.
ln many areds these soils are sulted to production of
Fremont cottonwood. The soils are capable of producing
230 board feet of timber per acrE from a fully stocked.
even-aged stand of 4O-year-old trees.
Where these soils arE accessible, they provide shelter
and forage for livestoclc
Mule deer, cottontail rabbit coyote, bobcat ducks,
geese, and other native bkds find food and shelter on
these soils. WhEre feasible, planting food plots, E6es
and shrubs, and nesting co/er enhances the habttat for
upland wildlife. WhEre thE water tablE ls high, open
water lor waterfowl and flsh can be developed by blast-
ing or by excavating.
These soils have potential lor recreation. Wildlife is
abundant. and the nearby rivers can be used for rafting
and canoeing. Community development ls very limited by
flooding, the seasonal high water table. and vadable
to<ture. Onsite investigation is necessary.
These soils are in capablllty subclass Vllw, noninigat-
ed.
ore. Organic matter content is high- Surlace runofl is
oriv. and-the eroshn hazatd is slight This soil is occa'
-sionally Rooded lor bdel periods between April and Sep
tember.
This soil ls used tnainly lor gradng. rilitdlife habitat, and
limited inigated hay. Good management of water and
fErtilizer maintains or improves the production ol native
hay.
The natfue vegetaton on this soil is mainly wildrye,
wheatgrass, needlegrass, and small amounts of lorbs
and shrubs.
When range conditon deterioratEs, dandelion, yanow,
rabbitbrustu b[ sagebrush, and Kentuclry bluegrass in'
crease. Properly managing gradng maintains and im-
proves range condition. Basin rdldrye, slender wheat-
grass, and westem wheatgrass are suttable lor seeding.
fueparing a seedbed and dtilling the seed are good
practices. Fendng Protects this more productive soil.
This soil ls lower than sunoundihg soils and usually con'
tains the water supply for lfuestodc Redudng brush im'
*i}?ft?,1#.";**oe hare; enq coyote, and btue
orousg find habltat on this sctil- Gommunity devetopment ls ltmited by flooding. This
soit is a good souroe of topsoil.
This soil is ln capablli$ subdass Me, noninigated.
' . 6{-Tanna cllty clay toam,25 to 45 percent slopes,
rls moderatety deep, well drainEd soll ls on mountain'
."..ides. Elevaton ranges from 6,50O to 7,6(X, feEt This
soil formed ln matedal weathered lrom shale. The aver'' age annual precipttation ls about 17lnches, the average
annual air temperatne is about 43 degrees F, and the
average frost-free period is about 100 days.
Typically, the surface layer is grayish brown silty clay
loam abor* 9 lnches thlck The subsoll ls light brownish
gray clay and light gray silty clay about 15 lnches thick
The subsfraUm ls tight gray channery clay loam about 6
inches thick Weathered shale is at a depth ol30 inches.
lncluded with this soil in mapping are small areas of
Dollard clay and shale outcrop on st6ep and very steep
mountainsides. These areas riake up 10 to. 15 percent
of the map unil
Permeability is slow, and available water capacity is
low. Etlective rooting depth is 20 to 4(} inches. Surface
runoff is rapid, and the erooion hazard ls severe. ,
This soil is used mainly lor wildlifE habltat and limited
grazing.
The natfue vegetation on this soil is mainly Gambel
oak, gerviceberry, snowberry, and elk sedge.
When range condition dEteriorates, lorbs and shrubs
increase. When the range is in poor condlton, iKentucky
bluegrass, weeds, and annual plantS are numerous.
Properly managing grazhg maintrains and lmproves
'ange condition.
Mule deer, wild turkey, and cottontail iabbit find habitat
.*-rr this soil.
E fiibit 17 Pags 17
RIFLE AREA @LORADO 37
i66-Torrlorthents€amborthtds.Bock outcrop com-pler, steep. This broadly defined unit consists of ex-
posed sandstone and shale bedrock, loose stones, and
soils that.are shallow to deep over sandstone and shale
bedrock and stony basaltic allwium. This complex
occurs throughout the survey area The soils and out-
crops are moderately steep to very steep. Stope ranges
from 15 to 70 percent
Toriorthents make up about 45 percent of the com-
ple:q Camborthids make up 20 percent and Rock out-
crop makes up 15 percent The Toniorthents are on
foothills and mountainsides below Rock outcrop. The
moderately steep Camborthids are on lower toe slopes
and concave open areas on foothills and mountainsides.
Toniorthents are shallow to moderately deep. They
are $enerally clayey to loamy and contain variable
amounts of gravel, oobbles. and stones. The surface is
ngrmqly corcred with stones weathered from the higher-
lying Rock outcrop. South of the Golorado River, bai*tc
stones and cobbles are on the surface.
Camborhids are sfrallow to deep. They are generally
clayey io loaryry and have slighfly inore ilay in -tre sub
soil than in thE surface layer. The surface-layer is light
colored. The profile is normally free oI stones, but scat-
tered basalt stories, cobbles, and sandstone fragments
are on the surfacs.
The Rodr wtcrop is mainly Mesa Verde sandstone
and Wasatctr shale. Some areas are overed with basal-
tc. boulders and stones. Small areas of limestone out-
oops and ocposed gypsum are in the eastem part of the
SUrV€y area
lncluded ln mapping are small, isolated areas of ltde-
fonso, Lazear, Ansad, Begay, Heldl and Dollard soils.
These intermittent areas make up l0 to 20 percent of
this map uriil
This c-omplex is used for grazing, wildlife habitat and
recreaton.
The stones on the surface and the steep slopes make
this complex unsuihble for oops. Some-areas can be
reseeded to pasture by broadcast seeding. Other plant-
ing methods are made diffictlt B,thE stones and slbpes.
The nativE vegetation includ'es wheatgrasses, btue-
grassesr lndian dcegrass, needlegrasses, bitterbrush,
mountiainmahogany, sagebrush, anU an overstory of
pinyon and juniper. ,
The value of gmdng is fair. The vegetation shoutd be
panryed to maintain wood production and limited graz-
ing. Seleclively thinning the pinyon and juniper imprwes
grazing ud prwides firewood and post-s. Steep ilopes.
moderate to severe erosion hazard, and slow regrowth
of trees affect hanresting and management i
. Mos! oJ this complex is a prime wintering area for
deer. Rabbits, coiot6, and a fejw elk also find food and
cover on this compler
_ Building is limited by steep sldpes and . stoniness.
These .limitations can be overc6me by appropriate
design and construction.
This complex is in capability subclass Vlle, noninigat-
ed.
G7-Torrlorthents-Hock outcrop comple& eteep.
This broadly defined unit consists of exposed sandstone
and shale bedrock and stony soils that are shallow to
moderately deep wer sandstone and shale and stony
basaltic allwium. Areas of this complex occur throughout
the survey area ThE soils and outcrops are moderately
steep to very steep. Slope ranges from 15 to 70 percent
Toniorthents make up about 60 percent of this com-
plex, and Bock outcrop makes up 25 percunt The Tor-
rior$ents are on foothills and mountainsides below the
Rock outcrop.
ToniorthEnts ara generally dayey to loamy and con-
tain vadable ernounts of gravel, iobbles, and stones.
The surface b normally covered with stones weathered
from the highentying Hbck outcrop. South of the CIotora-
do Flfuer, stones and cobbles of basalt are on the sur-
face.
The Rock outcrop is mainly Mesa VerdE sandstone
and Wasatch shale. SomE areas are corered with basal-
tic boulders and stones. Smalt areas of limestone out-
crops and oposed gypsum are in the eastem part of the
survey area
lncluded in mapping are small isolatEd areas ol llde.
fonso, Lazear, Ansari, Gaynor, Trldell, and Nlhill soils.
ThEse intermittent areas make up I0 to 15 percent of
this map uniL
This complex is used for limited grazing, wildlife habi-
tat and recreation.
Because ol the stones on the surface, the Rock out-
ctop, and the steep slope,'this cornplex is unsuited to
crops.
The native vegetation includes wheatgrass, bluegrass,
lndian dcegrass, needlegrass. bitterbrush, sagebrush,
rnountainmahogany and an overstor! of pinyon anO;uni-
Per.
The vegetation should be managed to maintain wood
production.and limitgd grazing. Selectively thinning the
pinyon and juniper improves'grazing and provides fire-
wood and posts. Steep slopes, rnoderate to severs ero-
sion hazard, and slow regrowth of trees atfect harvesting -
and management
Most of this complex is a prime wintering area for
deer. Babbits, @yote, and a few elk also find food and
cover on this complex.
Community development is limited by the Rock out-
crop, steep slopes, and stoniness. These limitations can
bE overcome by appropriate design and construction.
.This complex is in capability subclass Vlle, noninigat-
ed.
68-Vale sllt loam, 3 to G.percent slopes. This deep,
well drained, gently sloping soil is on niesas. terraces,
and allwial fans. Elevation ranges from 5,000 to 7,200
feet This soil formed in calcareous eolian material. The
Exhibit 17 Page 1-
a
ilFLE AREA C(IORADO
1
-'\wdi aur eld..p trrbol
t6r:locl ou8croD.
Sbdloe
tao.ragloot
iC, 29f,rtdt
ll.trQuapSt
t-lll-------------lt.v.re s lt.r.r.s
3tr:
d.pBh go roaf. I d.DEb go roaf. , I d.Pth lo roor.- I 'lsavar.! t3rrrrrr lEcvfrlttoD.' I rtoDr, - .l rloPr.
drplh !o rock. l.d.DBh go rocf. 'l d.9Bh to took.
SaYarat ' lSevcrc: lSrvlrr:rtop.. irbrlnk-cvcllr'ltloD.r: trloDr. - . !rhrlnk-rurll.ll. l': .. I
!9----------.--lsaYaras' lSevcrc: - lSrvlrr:-irrr lrlopr. irbrlnk-cvcllr'ltloD.r' | : trloDr. - ' !rhrlnk-rurll'ttl. I l': .. Iro----------------lstigbt------J----ltlod.r.t.i'lllodcrrsr:Ilr rl : trbrlnl-cyrll. lsbrlof-ts.ll.ltlttlrl-------;---lflq{i31!j3 .lllod.rtt.s 'ltlodrrrgr:rtl :. 't .rop.. . i :1;il:-.:*t,i I !$}!:-".tt,trlr,rt' !!rr.rrr lsrvrrcr ltrverc:l.r ,l rlcDr. I rlopr. I rtoPr...ttl
It.
I
I
I
I
I trrrrr rI rbrtal.-$,.tlrI lcv str.!3tb.
IlErriret. I rlrrtak-'I.ll3I lov rtr.ltCb.
I
I
It-lSerrrr:I sbrlnk-le.lltI tor str.aggb.
IlSrrm:rloD.t
rlrrtalr-rurll rlov rtr.[atb.
Earara t
io----,---,---- Illod.mt. sI.lds I loo olrrrr,I rtcDo.
I
-$.ldg I llogr, I rloprr .l !loP.,I too-oirycy. I thrini-lr.ll. 'l rlrrtal-rcrll,I I lor .Er.nttb. I loe !tr.n3th.rrl!2-------------l!11;333 lsmrr: ' lS.'rre:-riold:raes' I rlopr. I rloD.. I tloPr,f.tt.tE t I rbrilli-rurllr l'rbrtnk-tu.ll.I I tor ttre!33b. I loe rBr.!3sb.I I .tl!. 3l---------lSovrrr: lSovrrrr lSry*r:-liolroaro lJloDr, lrtoDe. leto9r'
' I lerir-ltoall. I lrrie'rgonu. .J lrr3r tto!'!''l: - | - |!?ll'l-. ,oto-.--l3rvOrcI |Srrero: ISrrrrr:I tloEr' I rlopr' l aloPr'' I ltrlr-rgoau. I lrrlr'rgoau. I llr3c tsoa.t.I t. IL.r..r----------l$1yj733 lstvrrc: ltrvero:I d.Dgh !o rocL. \l d.Dgh to rocta. I d.DBb to roolt' l.rlcpr. l tt6pr. I rloDr;I . I .l36.3?-------ls.Y.r.t l3rrrrr: ltoverr:-fifiul l.rlcDr, I rtopr. I rtoDr,I d.Pth'Bo rock. I drptb'go rootr. I .l.pth Bo roclr.trllll!r: I .l I!3tjut---;--ls.v.r.3 lsrrrre : lgrr.re :I rloDr. I tloDr. I aloD..' I d.pBh go roaf. I d.Dsb go roaf. , I d.Pth lo rooI.. I - t ;l
lScYfo:I rlopc,I cbrtok-$rllrI lor .trcn3ih.
Il3.r.ratt tlop..I rbrtok-rurllrI lor. rBr.[3tb.
IlSrrrre:I rlopr,I llrta !ton.t.
I
Il3rrerr:I rtoDo,I lrrtr stonaa.
ItSir*rlI d.Dth go roolrt rlopo.
IlSrtm:I rlopr,I rlcpth to rocl.t.
IlSrrrrcrt rlopcrI d.ptb to rool.
ItSrrrrr:I rlopr.I d.pgh to rocl.
Ilsbr!r.sI lhrlnl-rr.tl.I rlopr.
I
Illlod.r.tc r| lhrtBk-tr.l!tI rlopc.
t'
lSrrorc:I llope.
I lor rtrrajtb.
IlSevmrI rloDr,I rbrltrL-rr.ll'I lou tgr.olsh.
I
I ScrrrrlI rloDr,I lr3r ttoa.!.
I
t
lScrrrc:l:loDo,I lrrte rtorat.
IlSlrre:i cr'pttr !o rooklI rlopc.
I
I Ervrrr tI rtope,I drpth so rock.
I
lt'lS.r.ra!I rlopr't d.Dgb lo roak.
IlErrrrcrI rloprtI d.Dtb tc took.
Il3rrrtrI tbrhlc-lt clt,I rloDr.I lor .3rcotBi.
I
lllodarrtr:I rhrloL-lu.ltrI lor rtr.otth.
Illlodcrrtr:
| 'rlopr,I rhrlalr-rurllrI tor .3r.433b.
I
t'
I
r
IS . . lErrrl:. :-<,,irttcor. _ ..;,,'t ,,'l- ..frf'.'
{Z'Pa$e 191.
: -1,-r-==-;.i"
- -.ra::.it:r;.r..,.r .: .
rr8LE ?.--uri;Duc strE DEvEloPllErr--coallnuctt
3.. footrot. .t .o.l of g.bl..
I
I
RIFLE AREA. @LORADO
.
\- r"tt
lrSLE 8.--SllIIARI FACILITIES--Contl.nucd
I Seuage lagoon
I arcas
Trcnch
ssnt tary
Ian
111
!ap
nare and
syobol
ScpEtc BaDk
absorptl,on
I pcrcs slouly.I slope.
aI
aI
I Scvcrc:! slopc.
I
3
aI
i SItght---------
at.
II
I
I slopc,i dGpth go rock.
;rca
sar.it33y1a:dfl1I
Scverc:
slopc.
S11sht-
l{oderage 3
slopc.
Sevcrc:
slopc.
Sltght-----
SIlght----------
llodcrate:
slopc.
Scvcre:slopc,
scaP88e.
Severe:
seepage.
Scvcre:
sIopc,
sccpaSc.
Scverc:
sIope.
I Dally coverI for landflll
II
Poor:
slope.
Good.
Frlr:
slopc.
Poor:
31opc.
Poor:too claycy.
Falr:too claycy.
Falr:
slope,too ctaycy.
Poor:
llopc r'largc stones.
Poor:snall, stones.
Poor:
slope,so.II sBonc!.
Poor:
slope.
f1
39 - - --------------- ! tavcrG i
J erry
{O------------------ i HodcratG :
Kla I pcrcs slouly.
tI
i
{ t ------------------ i Hodcr.te s
f,1n . ! slopc,
I pcras slouly.
t pcras slorly,I slopc.
It2------------------ I scYcre :
Laophlcr I stopc.
at-
llorval
43------------------ i S3YGr3 !Llron I pcrcs slorly.! sloPc.
.tlll------------------ i Hodaratc 3
Scverc:
slope.
Hodcratc:
slope,
scGpage.
Scverc:
slopc.
Scvcrc:slope.'
Hoderatc:
5lopG.
Sevcrc:
slopc.
i Slrsht----
II
II
3
! Scvcre:I slopc.
aI
! ScYcre:I too clayey.
II
I
a
lllodcrete:I too claycy.
aI
I
aI
I Hodcrate:I too clayey.
II
I
a
t Scvcrc:i sccpegc,I largc stoncc.
IIII
t ScYerc:I sccpagc.
I
I Scvcre:I sccpage.
I,II
I Scvcre:
titl5.: I !t{oryal------------- i [odcr atc :' ! Scvere:t pcrcs sloyly, I slopc.I slopc. i
Ifrldcll------------ I gsy61.g 3I slopc, I sccpsgI large'stones. I slopc,I I laric'
i Scuerc:I sccpagc,
5l
I
a
I largc slones.
I[6------------------ i S11ght----------- I ggyqpq ;llthtll I t sccplgc.tiq?------------------ i Scycre: I Sevcrc :lllhlll I slopc.
I.t{8------------------ i Scvcne :
tlorthsaEcr t slopc,I dcpth to rock.
i{9, 50-------------- iHodcratc:
Olney I pcrcs slorly.
II
II
lllodcratc:I pcrcs slouly,0lncy I slopc.
I
iz- - - - - -.- --------- i scyerG :Par.chutc I slopc,
I d.pth
II53.s !PerachuCc---------- | Scvcrc :Scvcre:
slope,
depth go
sacp.a8,e.
Sevcrc:
sLope.
slope,
dapth to rock.
a
a
! sllsht--------
I'.aSllght----------- ! Fair :I snall stoncs.
3I
II
t Fatr:I snall ltcres.I sIopc.
II
! Poor:I rlopc,I saall stoncs,
!Hodera,-e:
arca rcclalo.
Poor:
slope,soall sEoncs,
arca rcctatr.
Felr:soall stoncs,thla laycr,
tlopa.
to rock.
slopc,
sccp8Ba.
Scvcrq:
slopc.
l{oderatG:
scGPaEc,
slope.
Sgverc:
slopc.
Seucrc:llopc,
depth !o robk,
sce:.8c..
aIIt
a
a
I Sltght--
It
t.
aI
t Scvcre:I slopc,I dcptb Uo rock,
I stcpaBc.
II
aI
I Scvcrc:I depth to rock,I scepagc.
3II
! Sevcrc:i dcpth to rock.
II,I
II
Hoderate:
slopc.
Scvcre:
slopc,
tscpaEc.
Scvcre:
slopc,
sccpegc.
ihonc-
rock,
Scvcrc:
dcpth to rock.
Scc footnote .t cnd of tablc.
slope.
E fiibit l7 Page 21,
BIFLE AREA @LORADO 117
TABLE 9.--COIISTRUCTIOII I{ITEnIALS--Contlnucd
J crry
Iro-------------------- |r1r I
I
{ t -------------------- |fi! I
I
I:re-------------------- |L.!plrt.r
r 3--------------:-----
Lloon
no.dftll
Poor stbrlBL-su.ll,
tlopa,loe rtr.osBh.
F.Irrlor rtr.n3th.
Frlr:loe !gr.of,th.
toor:
tlop!.
Poor3
tl oaoc and
t.9 iyrbol
III Srn6
I
I
Crrvcl
til
I Unsul!cd------------- I Unsutl.d------------- I Poor:t rlogr'I goo clI
I
I
IlUD3sl!3{----
I
I
t Uasultrd----
I
I
I
lUosuttrd----
I
I
I Uo3ul lGd----
I
I
I
I Un!utt.d----
!
I
Utrrutlld-----
I
I
t uasult.d__--
I
I
t
I UnlultrcT---
I
I
I
Topro I I
t,.d------------- | f 1t I g
I lloPe.
I
IUn!utt.d------------- | Pq67 ;I rloPc'
IUorutt.d------------- | Ps6; ;I loo ol.r.y.
I
I
Unsul trd------------- I Good.
tfj3gt!s{-----Poor:rlop..
Un!uit,cd------------- | F.1r :I :lrlt s3oo.t.
I sloPr.I rrcr rrcleh.
I
I
IUj5ut!3{------------- I P{61 3I itoPr,I ar.a r.cllt..
I
Unlul t.d------------- I F..lt :t stoPctI roall tton.r.
I
I
I
I
$orr.l
{5.:
.8--------------
no"EhsaBar
,, 50------------
Jloay
)lney
2----------------
?arrchute
Ioe rqrcatgh,tbrhk-tr.I1-
F.trtlou ltr.alth,!brtak-.u.ll tfrolt aotlon.
tgonts.
Poorr
aloge.
F.tr!lor !Brro8,th.
F.lr:lou str.n8th.
Poor:ltopa,tbln hy.rfara. rccl.t!.
llUo!ut!.d------------- I Unrul,hd------------- | p1l1 3I l r.rll ltooctr
, I t rloPc.llUt|rult!d------------- | 0nsult!d------------- I ps67 3
IJ': I
? trrchut,c------------ | t6rs7 ;I thta lrr.r.I rcr rtclrh.
Ilhonc---------------- | Frtr sI thta l.rrr,I lor. rBr.n8th.
I
foosnoBr rt rnd of grbl..
Exhibtt tt page2t
r37AIFLE ABEA @LORADO
t.
Sott a.!r .nd.tP lyrbol I
S.. f.otDoB. rt atrd of labta.
r 8L8 I!.--EIGIIEEIIIG IIDEI ttotEtttES--conttaucd.
USDI rarlur.
95-t00
95-r00
l-1, l-2
l-l r l-2
l-lt-6, t-7 0
5-t0
Llqutd | ?hr-tht! I Btcic,
25-r3
zr-35
5-r5r5-3'
t0-a0
TP.5
rar-r.
rP-5IP.'
rt-5,::
35-55
5-r5
35-5'
5-t5
30-50
20-3t
rt-rtrt-5t
20-35
!5-50
30-10
20-2t
20-2,
20-25
20-e5
e0-t0
'l:l'
20-ro
20-to
20-30
20-10
3-10
5- l0
t-ro
i-ro
[!-10
30-35
,-2'
Ilr-t!
I
Itt
I
t
I
I
175-95
175-9t
I
I
I 50-80
I 60-85
150-?t
I
120-35
I r0-30
I
I
I
I
120-35
I r0-30
I
I
I
| 30-55
I 30-?0
I
tl -'.
155-?o
I 35-?0
I
I
I
t 30-60
I
I
I
I
I 50-?'
I
I
I 50-75
I
I
t95-r001 90-r00170-9t
I 9t-r001 90- r00l E0-95
l9r-r001 85-r001 65-90ltr
150-?5 t15-60 130-15lr0-?5 lt5-60 125-50ltrttttttttt
150-75 115:60 130-ltlr0-75 135-60 t2r-50ttttttltt
150-00 150-75 lt0-65
160-95 t55-Et t50-E0rttI --- r --- | ---tttltr
170-?5 160-?5 115-65ttt
120-50 120-50 l15-30tttlttI --- I --- I ---ltrlttltr
t70-?5 160-7t tr5-65ltr
la0-50 120-50 t15-30rttttt| --- t. --- I ---I t. tltr
160-80 lro-?ti lt0-60tttrtt
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It0-r00l7t-r00170-95
160:.90 160-E0 ll5-?0ltrltrltr
160-90 160-75 ll0-?0ttttttlttltr
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I 00- t00l 7t-t001 ?0-95ltrltr
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3l-, tr-----.--------! O-t-lSton, lorr--.:---i36r G1tldcfoaso I E-60lfcry-rrony tdurislt, CiI I rriy :rrirtlr 'i
I I r.D.tti lo.!. -
tI t. ii5r: I l' ittcrfoaro--------l 9-!-llrony lou-_-_-iSX, CrtI t-60lvry-rBoal louristt, criI I v.r, tr.r.ll, I| 'l rrarlY lou..- ittiL.tr.r-----_-.----l 9-!-!gr.y.ll, lotr-_-iHLr ctlI t-t516r.r.rl| lorr,. ixU, cttI I cobbly- tor!. - il.16 tUarcrchcrrd t --I I b.drocf. .lI I 'i
18._3?-------------! 0-5 lChrnn.rt lo.n---ic11-Gg,lrlsul I I lcL-H[I B-lTl[cry ohran.r, iCf-CC
. I llou. II l? lUnerrcbrrcd i --! lb.6rocl.' I'tri
!8.:lliIrtaut------------! 0-6 lChrnarry lou--icX-CC., I I icl-ru' ! 6-Ulv.r, ch.on.rr icn-oc.I ls.adr.l.r- tC?-da.l ltou] iI l? lUtsctshrcd ' iI I b.drocr. l.t. I IS!rr!.n-----------l 0-l lChrnacry lo[---lGll. SH.I ! i cr-od.I I i or-cc'I t-lllVsry jrrvcltr ictlI I loir. ohrnn-rv I! I lorn, vrry ' iI I chrnirrr iou. iI ll lUnvr*hcird i ---I I b.drocr. i.ttil9-------?---------l e-! l!s11----------_-ixr-.Jrrr, ! 3-lOlcrru.llt ct.t iCC, ct,I I loro. oobbtl I CllI lclrr.toer.- 'i
I I cobblr cliv. il{0-60lcr.r.lly loir, ioc, CL,I ! oobblr'cl.r.- i Ct-nU,
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- ! 0-601 Lora-----------lHL-r!.rlli tti
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rcf Cd I ---ti. I
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| 'it:---'---'-lllL.t
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I
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5-10
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Exnlblt 17 page 2it
ilFrE AREA. COLORADO 143
TIBLE i4.--PHISICAL AIID CHEHICIL PROPENTIES OF SOILS.-CONtTNUGd
35r: IL.zcsr----------i 0-II r-16' 116II
sotl nsac end
asP syobol
ta
I Dcpth I CIaytl
I i a EroslollSoll isellnltyl Shrlnk-svell I fectorsP.r!c.btllty .t tv.l l lbtc lt naBer i
I
I
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,
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| -------------- | ---- Itlltll<2 lLov-----------1o.2{l<2 l!ev-----------lO.2rl<2 l!6v-----------l0.r0l
I -------------- l ---- |rtl
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t r-60
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tltl!lss----------- I 0.2EtltllHlEh----------10.2E
i 81gh---------- I 0.32tt
t Hodcratc------l 0.32
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I llodcratc------ I 0.21lltl
I llodcrrtc------ I 0.37
I llodcretc-----:l 0. f3
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I
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rt cod of tabtc.
Exhib:t 17 Page4
3-6
I
TIBLE lr.--SOIL lllr.
Soll n.D. and
oap syrbol
39--- -----------.-Jcrry
rt2----------
Lanphlcr
rt 3--- ---Ltron
{4---------
llorvel
q5r stloryel-:----
Trtdcll----
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I{8--------------- Illorthuater I
Ilt9, 50, 5l-------- lOlncy I
I52---------------- I
Parachutc
53) zParachutc-------- |
IRhonr---:-------- I
I
54 | 55, 56-------- |PoBLs I
I57r,58.r 59r: IPot,ts------------ |
IIldcfonso-------- I
I60, 6l------------ Illhoac I
62. t
llock ouicrop.
Torrlorthentr.
tlydro-l.........:
logto I FrcquGnay DureBton llonth!
c
:
0
B
B
Illonc-------- |
I
Illqls----r--- |
I
Iffs66-------- |
I
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I
I
B
I
I
I
I
I
I
B
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I
I
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Ifl6n6-------- |.l
ilqng-------- t
I
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I
Ileng-------- |
I't
!l6pp-------- |
I
I
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Iilone-------- |
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I
I
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(IIT
lfi
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Stppeblc
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lon
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I llodcratc--- I lltgn----- I Uou.trtttr
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I
t
I
I
II
IIIiI
5
NATURAL HAZARDS
potentia! nahrral hazards on the project site were investigated by Lincoln DeVore GeologisB as documented in
the Engineedng Geology and Soil Reports in Section lll.J.2. Potentialnatural hazards discussed in these reports
include floods. shallow bedrcdq expansive and conosive soils, fast percolation rates, high water table, debris
flows, mud fiow. avalanches, earthquakes and radioactive minerals. The reports concluded that minor hazards
may exist on site from flooding, shallor bedrock, expansive and conosive soils, fast percolation rates and high
water table.
To mitigate potental expansive soils, the geologic report recommerids that open foundation excava$ons be
inspected prior b the phc{ng of brms. The geologic report also recommends types of cement to mitigate
conosive soils. To mitigate potential high water table, the geologic report recommends that basements not be
construc{ed under the residential stuctures. Subsequent soils investigations have not indicated a high water
table. so mitigaton may not be necessary. The potentialfor shallow bedrock conditions exists on the south side
of County Road 335; this area will be preserved as Open Space. Fast percolation rates may be mitigated with
the consbuction of a sand filter within a leach field (if needed) as discussed in Hepworth-Pawlak Geotechnical's
Report (Section lll.H.3.). Potential hazards from flooding willbe mitigated as discussed in the Floodplain Sec0on
of the Preliminary Plan Submittal(Section Vll.).
Exhibit 17 Pagefr
Exhibit 17 PgrgPtl
., .i!
i:',:*
;;,..
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SOIL SURVEY OF RIFLE AREA, COLOR,ADO
SOIL MAP UNITS
6
rti:-
)-'
--
-aL-\r
ENA RTECH lnc.
cor{su[ rrr{G ErrG,rvEEBs rxo xyoRot oc,srs
. O Oe^wEe tO
aLexwooo szerq6s" coloB.oo at602
ttdlt 9.t22ra
Exhibit l? Page 28
EXHIBIT 18
Slope Hazard Map
EXHIBIT 18
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RAPIDS on the COLORADO PUD
DETAIL SHEET
MOITNTTI]N CROSS
ENGINEERING, INC.
GlvI ..rl ltn Som..ttll Gonarmgnd D-5o
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EXHIBIT 19
Geology and Subsurface Soils
1. State of Colorado - Colorado Geological Survey - Letter "...the
site has retatively benign geologic hazard conditions."
2. Lincoln-Devore Study - "Existing Geology and Preliminary
Subsurface Soils
EXHIBIT 19
E Oibtt tg pagn .
FRtll : I'lq.rntair€rossEn9, lnc FO( tI]. :9U:'455558 Rre. B nPE @,liln P-I
O+rfnddl{afrC krut3l3$qrsrthol,tuon7t8
hovlr.OO e[0
Plnn: @lif-2triFiE GIB'60.8lo1
Cq.ffiIDO OELOOGAL SIIREY RECEI\{ED
JUL I I 2006
GARFIEI."D EOUNTY
BU[,OriloeH{{iflr{G
GGS LIIR Nc GA{lGlIlll
Lcad: SmP4&c{,8!c t2,Tfs,nflW
June 3Q2006
Mr. RicDordWhclcr
Gddd Couty Buildhg utd Plmhg Dcpumcut
l(D 8t Str€4 SuiE Z)l
CtGtrTod SpriDeF.' CO 81601
RE: CcoHglcEraflfu Rrrlsn of tlc nrpflr or teGolondo Pfrlr.
DsaIt r. Wblcr,
COI,ORADOEEILH
ImARItlENTOFf.IAruML
RESCI.,rcES
tfuigoffi
tudOrlrtuorfrB*E
rarrmrri
frhbrDhmsrdflrb6gI
I
Thmk pu fc th lod ur rpplicari,oo rcerrd At ptn rcquea ud d teodm to SGoaE
Bill 35 (1972) t[ic oficc lirs rwiswcd thc ruilsrids obmittod by yw ofica Tbc CE8 hd
prcriorsty rwicwcd iltir lrd pscql in 1996 ard dslhruld b yurr o6ae o gpngslly ftvur$lc hnd-
uro rwiew lGoE drt*l Innc 28; 1996 th* cras addresscd b Mr. kic McCefuy (GiS LUR No.
GA-9ffi15} Ttc puopoced Pt D hrs a rignificart chugp in busing dcosity ro @S oqdncted
rno0bcr rits inrcdigrtim onJuus 29rM. Plcrco cmsidfith blbring dscnminr md
rcommcodtim arc pu rwicv thc prqosed PUD.
It rpcrn tlc prrycrty is h a drfic of mryodsd dsvdryeot llts Grdtc mrd lrotwqls ic h
ptaoo rud fouacwcrhmra [nlc bca cmsmrrlod m R4idr Vicur Loc norfrc inllrrtiiiorith
iraddtcryhccl l-oe. $mc of thc hMB ap racd ud all qpor in r CrO of scoi$odmcot
wiftou8 tm&crpin& It is rupcrah by us n[e thc pmpood ht bmduicr furn ir lho ll,Imh
30, ZOOS padiruiuil plm wc tcci"ei nfa 6o qrrrtd iodc Oorytnts. Werudcntut tnt a cqtsrl
xnsEqirE ftamo plut ic irludcd x/ifh th devclrycm phu
As strtsd ia our crrlier 1996 rwicrw, trc ritc hae rcluivcty bori8n gEobglc luzrtt
@ndido[s. Tho siE lic o u oH rivcr Erro od prc]cd rivcr grrvcl $rlhuilV undcdie tho
popcrty, ubich a! ovcrtdn by frc-grdrcd coils &d lilcly fictco tourudr CR 335 md fro qpcr
;bpe iaDti Thosc tH! mrdtcr of fne'gniaca roils ovcrliiog the grst et may bc [ytttoooryrctiw
eo iite.ryeciffc budili@ im,Ectiggti@s re rmsndld. lSilG e! txro oltfi huild potmU
ua6. Ono ic thc minor rirk of *rlbw'ftitrree on shug[bg of ttc dope &ove'the dla nhich is trd
e rigdfcant hrad bmrc croh l. 6sll elope frilure rlouH nccd to crosr CR 335 bcfs€ sficrhg
Ra*& oo dr'-rdorrro. 0rrc I
FR(r'l : t'lqrntainCross&r9r Inc Fm( hII. :97Bgtzl55$8 Ars. 6 W@ilHn P4
eedcvclopncut Thc eecond ie ttc possibility of minor ddris flon, flooding fiom th mrll
drainsgc Ussin th$ qits nnto C?,335 aCross ftsn &cPaddlcwhl f,incAuc-ofi, Ttrsrc is a
possfrbilitythstconcmabdf,owscouldcrossthcrordrrayinothdcvclopa:cnt ThceristiryIS-
inch culvert ie poorly mainteired {td slnost corylcilcly plrry# ofr Thc-firut lc m tlc west-side
ofPaddhrvbeet shoun iuoo,rporatc some tlpo of ttrslloo ssala/bGra coffigtrratim in iu ludrcrying .
to rcdirect eny poosiblo floryB !o tto west, tuemds fre eqiaocd opa splca
In clooin& providod the obocrvatirms aad tmncodarione Oate dow ss Dofrld md
oorylicd wi0u we harze m fiulbcr wn wittr the dcvdoprd h$it is plcsdly intcodcd. If
my intaoctcd puly has iny qucstftms rbout this r€rvisv leacr, plcaro omg tis ofrcc d (303)
E6&3551 or c-nait jondra+ryti@strb.oo.us
Sincerely,
Scaiq Engine€dog Ocolotbt
Rqrih or dr Colrrtfu, psgs3
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LincolnDe\bre
fo00tkst Filtmore St
Coloredo SDrimts. Coloredo 8o9o7
(3o0)612€5gl
t{dlleOffce
lYood Brothers Eomes
2103 South lladsworth Blvd.
Denver, Col-orado. 8O227
July 10, 1980
Re:ENGINBBRING GEOIOGY AND
PRELI}TINARY SUBSURFACB SOILS
ITOOD IANDING PUD
GARFIELD COTINTY, COLORADO
Gentlemen:
The following presents tbe results of an engineering geology
and preliminary subsurfaee soil.s investigation on the l0ood
Lancllng Planned Unit Develotrment in Garfield CounEyr Colorado.Ibis report has been prepared in accordance with the SenateBill 35 regulations and tshe Garfield County subdivision
regulations.
Respectfully submitted,
I,INCOLN-DeVORE TESTING I;A8., INC.
By:w. .rf,-lometr re
neering Geol Geologist
Reviewed by:
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By: Kathryn A. PbillipsCivil Engineer
/Lab/b,eh
LD Job No. c.S.-I422. 34622
/,*offi
George D. llorris, P. E.
P.O. Aox 18@
Grand Jwu*m. Oolo 8l5OI
(3GD 2/12-8968
0028a$&hW
hrcbb. Colo 81001(s0) 54&rr5o
P.O. Bo( 1427
Gfemooc, Sprtups. Coto Bl60t
(309) 94$6@0
S6Roserutt Plaza
iron[ose. Colo 81/t0l
(3Gr) 24e7Er8
P.O.8ox i6€
fucr( Sprtlols.l,Wo 829
(307) 3&!-2649
E 6ibit 19 Pas'
Reviewed by:
Ort;a*
INTRODUCTION
Personnel of Lincoln-DeVore have
completed an engineering geol.ogy and prelininary subsurface soils
investigation on the proposed Wood Landing PIID in GarfieLd County,
Colorado. fnformation included in this report was gathered from
field uapping of geologlc uaterials erposed oa the site, the
excavati.on of 10 erploratory test pitsr. 4 subsurface bore hoJ.es,
aerial photo aaalysis, laboratory testing and engineering and
geologic analysis. The geneiar site !.ocation can be found on
Figure 1. Geologic inf,ormation and the location of test pits and
bore hores are found on the Engineering Georogic Map (gigure 2).
It is our understanding that the
proposed subdivision will be subdivided in order to provide
approximatery 340 lots for construction of singre fanily resi-
dences. rn addition t L.4 acres wilr be utilized for a water
treatment faeility and 3 acres wirl be utilized for a sewage
treatoent facility. fhe exact nature of, the structures proposed
for the treatuent facilities is not knonn at tbe present tiue. A
central water systen and central sewage system, howeverr wirl be
supported by these two facllities
STEE DESCRIPTION
The subject site is located approxi_
mately 2 miles southwest of the Town of New Castle in Garfleld
county, colorado. The property consists of approximately g0
acres located at the con,fluence'of the colorado River and
Garfield creek. speciflcarry, the site is an irregular shaped
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parcel located in the south half of Section 4, Towaship 5 south,
Range 9I west of the Sixth Pri.ncipal. lrleridian.
Physically, the iuajority of the site
consists of a broad, relatitely fl.at terrace Located on the south
slde of the Colorado River. In the extreme southern Portion of
the site, south of an existing county road, a rather steeP sloPe
(also patt of the site) descends to the county road. Above tbis
slope, exists a relatively gentle to noderately nortb slopl.ng,
'elevated terrace of the Colorado River. In the northern lnrtion
of the siter on tbe first (lowest) terrace l.evel, elevations
range from 5530 to 5490, with a general slope sl.ightJ.y torard the
northwest. Slop,e angles in the southern portion of tbe property
on the slope generalJ.y average 66t.
Drainage on the sile is dominated by
tbe Colorado River on the extreme northern property boundary and
by Garfield Creek rhich draLns across the extreme easterly Eor-
tion of the site. A few suall', wel.l incised drainages drain the
sl.opes to the south of the site. Although Garfield Creek aP[,ears
to be well incised in its present course, an old abandoned chan-
ne1 of Garfield Creek can be found in the extreme northeast Por-
tion of tbe site. Overall drainage on this site is uncontrolled
to noderately directed by furrows developed during cultivatiott.
In the southern 5rcrtion of the siter just south of the county
road, exists a shall@ irrtgation ditch which has lts source from.
Garfield Creek to the east. Drainage from this irrigation dltch
is directed onto the site in the extreme southwest .portlon where
it is directed underneath the road in a culvert and alIoryed to
fLonr on the subjeict site. Although the topographic nap indicates
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an area of interior drainage subject to ponding in the central
portion of the site, this area has apparentry been fil.led in the
past anc onl.y J.ocal. spots of ponding are evident. -
Existing structures on the site
supEort structures in the ertrene
slte. The slte is presently being uti-
and cattle ranch and the lqer terrace
cultl.vated in the past. Vegetation on.
consists uainly of nan introduced
fn the extreme southern Eprtion of the
left in. lts native condltion and is
sage.
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include a ranch house anrd
southwest gnrtion of the
llzed as a working borse
area has apparently been
tbls trnrtion of the site
grasses and 1or berbals.
site, the "slope has been
dminated by Junlper and
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GENERAI, GEOT,oGY
The geology of this site is doni-
nated by various Quaternary deposits and by the Tertiary tlasatcb
Formation which outcrops in the steep slope in the southern Eor-
tion of the property and underrl.es the subdivision at depth.
The l[asatch Formation consists of a
very thick sequence of interbedded, multi-colored siltstones,
cl.aystones shales with widely intercalated lensatic beds of
fine grained, tan to buff sandstone. one of these sandstone
unlts outcrops in the extrehe southwest portioq of the site just
southerly of tbe irrigation dltch adjacent to tbe lateral
drainage descending to the site. The majority of the wasatch in
the site area, however, consists of the softer claystones and
siltstones. The majority of the Wasatch Formation.on this slope
is not exposed and covered by a thickness of colluvia1 deposits.
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In tbe latest geologic ePisode, the
Southern Rocky l{ountain region has been subjected to intense ero-
sion, renewed uplift and canyon cutting and glaciation. While
al.J. of these processes have'affected the subdivision area to one
degree or another, the dqinant processes in recent geologlc time
have beeo degradational, invol.vlng erosion' weatbering and mass
wasting. These processes have bared the l[asatcb rocks throughout
much of,the New Castle area; furtberuore, they have resulted Ln a
local deposition of quantities of flne grained debris along the
base of the steeper slopes. Althougb the northern portion of the
site'bas been mapped as a lwer terrace deposit, this terrace
deposit is covered by a varlable thickoess of flne grained clay
solls derived from the weathering of the l[asatch Formation. ,Also,
portions of this terrace are covered by debris fan materlal
resulting from flash flooding and debris flons from the sma1l
lateral drainages which drain northerly onto the slte. Uost of
tbese fined grained clays covering the terrace were deposited
f,rq actions of sheetrash.
In addition to the snalI debris fans
in the southern portion of the site, there exists an al.J.uvia1
fan/debris fan in the northeast p,ortion of the site which was
deposited as the'result of flash flooding and debris f1m acti-
vity of Garfield Creek. An exploratory test pit in this area
indicates that these al].uvial fan uaterials are cromposed of a
fine grained, sandy silt material. overlain by the fine grained
clay sheetwash material. Over the majority of ttre northern poE=
tion of the site, are the.terrace sands and gravels deposited
from the Colorado River when it flowed at higher elevations.
-4-Erhiblt tg page i
Also, in the extreme southern portion of the site is anotber such
elevated terrace deposit which overlies the Wasatch Formation.
These terrace deposits characteristically consist of a mixture of
sands, gravels and cobbles wfrictr are wel.l rounded and vary from a
gravel and cobble mirture eith silty sand matrix to gilty sand
with sand and gravel intermixed. A more detailed descriptlon of
the soil tlpes and uaterials encountered in the subsurface
erploratory test plts and'borings will be given in the soils
engineering. section of thls report
Another roapped geologic unit which
oceurs on tbe site occurs in the form of two suall soil slumps
which have occurred on the north faclng slope in the extreme
southeast portion of the site. These snall slumps have occurred
in the c.ollurriun covering the slope and are less tban three feet
deep. These soil slumps have apparently resulted from Ehe
saturation of the surface material.s on the steep slope.
ENGTNEERING GEOI,OGY
Geologic hazards associated with
this site include natural and cutslope stability, the potential
for debris fLow activity, surf,ace and subsurface drainage
problems, shal.low groundwater and expansive soils.
Slope Stability:
The steep slope in the southern por-
tion of the property should be considered as potentially unstable
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due to its steepness and the presence of the smaIl soil slumps
noted. Althougb bedrock appears Eo be oriented favorably for
stability, tbe col.luvium on the slope is unstable- It is our
understanding, however, that'construction is not planned on or
near this slope, and therefore, no nitigation riII- be necessary.
This slope also contains a slight rockfall hazard frm cobbl-es
and boulders which weather out of the terrace material.. The
existlng county road and sboulder will, however, provide an ade-
guate buffer zone for this hazard. The remainder of the slopes
on the property appear to be stable in their natural state.
Although nost of the clayey slope-
wash oaterials found on the sutface in the northern lnrtion of
tbe: site can stand teuporarily without artificial suplnrt, when
tbese uaterlal.s are saturated, slope instabilities in cuts can
occur. Additionally, the underlying sand and gravel of the
terraee materials exhibited severe caving in a number of the test
plts. Considerations of safety dictate that all. cut slopes with
total heights of 4 feet or more be 'either shored or Ial.d back to
slopes of at least t horizontal to 1 vertical. Petrmanent cut
slopes should be either Laid back or supported wlth some Eort of
retaining structure.
Flooding and Surf,ace Drainages
Slnce the site is located on'the
Colorado River and the drainage
site, care should be exercised
floodplains of these drainages.
of Garfield Creek crosses the
in order to avoid the 100-year
It is understood that the
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drainage study for this subdivision is to be provided by others.
Since the site has been reworked to some extent by the activities
of curtivation and Leveling .and an apparent pre-existing depres-
sion has been filled in, it is recommended that the site be
graded so as to properly direct surface drainage off the site.
This wiIJ be discussed in somewhat more detail in a Later Eection
of this report.
Subsurface Drainage:
Subsurface drainage problers on this
site erist from inftuenees of, basically three sources. These are
the Colorado River, Garf-ield Creek and the irrigation which tra-
verses the extreme southern lrcrtion of the site. The water table
encountered in the test borings is considered to be a permanent
feature on the site and most probably exists because of the
colorado River drainage. The area where the water tabr.e was
encountered at the_ more shallow depth, hosever, is located in tbe
ertreue southern ;nrtion of the site in Test Boring No. 11. This
water tabre in this area most probably is shallower due to the
influence of seepage frm the irrigation ditch to the south. It
was'noted that there are a few spots adjacent to the southerly
portion of the road which are seasonally wet. These apparently
resurt from leakage from the ditch and the small areas of
interior drainage created by the road constructi.on in this area
have produced areas where the water migrates frrm the ditch
through the subsurface material.s creating an artificial-Ly high
water table. It is recommended that these areas be drained in
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order to prevent Ehe ponding of.water in these areas
drainage trhieh is allor,red to fJ.ow onto the site from
tion ditcb tbrough the cuLvert be discontinued. As
and the
the irriga-
an alternate,
a subdrainage system could be constructed paral.lel. sith tbe dltch
to intercept seepage. Water leve1s on the site can be e:qrected
to fluctuate with the seasons and fro year to year due to
influences of the three uain drainage features.
Debris Blows:
The fine grained solls encountered
in Test Plt No. I in tbe alluvlaL,/debris fan of Garfield Crebk
indicate that this fan most probably developed from the actlons
of al.luvial deposition rather than debris flow actl.vity. True
debris flqr activity from this drainage is probably not likely.
If any such flows shoul.d occur, however, tbe channel. shoul.d be
cleared inlnediately of any debris to provide a safe path for both
water and debris runoff. The other four debris fans whlch
encroash upon tbe site located in the'southern portion are rela-
tively small features. Some veEy small'loads of deactivated
debris flows were noted in a few of the channels of the sna].I'
drainages, hosever, none-w€E€ very lar.ge. The existing irriga-
tion ditch, county road and
the road right-of-way should
litigation from debris flows
setbacks of at least 50 feet north of
be maintained to provide adequate
from the small.. drainages.
Soils and Construction Factors:
A detailed description of the sub-
surface soils conditions wilL be presented in a later section of
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this report. Generally, the foundation soils encountered on this
site are mainly of a. col.luvia1 or slopewasb nat,ure, having been
deposited across the subdivision by the action of sheetwash ori-
ginating in the higher areai to the south. These materials
classified as silty clays anrd rere found to be expansive in
nature.. These uaterials are generally thicker ln tbe south por-
tion of the sl.te and thin torward the Colorado River. Depths
ranging fron greater tban 12 to 3 feet were noted.
fn the central portion of the site,
the pre-existing interior drainage area has apparently been par-
tiaIly infilled. ff fil.I. is encountered at foundation deptbs, it
can be appropriately dealt with as discussed in the soil. section
of this report.
uirderlying the slopewash clays on
the site are the Colorado River Terrace materials which are a].so
discussed from a soil-s engineering standpoint in theEe sections.
EI{\ITRONUEIITAIJ EAZARDS A}ID RESOURCES
Although there are no known active
faults in the vicinity of the site, all. of western Colorado is
considered to Eossess a certain seisnlc risk. This is a con-
sequence of the lnst tectonic activlty which form the Southern
Rocky llountains and of the ongoing minor seismic activity of cer-
tain.parts of tbe region. Consequently, it is reconruended that
structures in western Colorado be designed in accordance ritb the
requirements of the uniform bullding code for Seismic Risk Zone 2.
There are no known deposits of
radioactive itinerals in the vicinity of tbe prcposed subdivision.
:9-Exttibit l9 Page l''
The sands and gravels of the Colorado River Terrace have been
J.ocal-I-y mined for use as sand and gravel. These deposits should
be consiGered as a mineral resource, althougb ecoiromics of
extraction and vaLue are not knoryn. Problems associated with the
recovery of thls resource would involve the removal of the clay
overburden and rlth the presence of the hlgh gioundwater table on
tbts site- ft is probable that tbe value of the land as an area
for resl.dential bousing rolght outwetgh i.tE value as an econoLc
mlneral resource. this, however, nould invol.ve a County Land Use
decision.
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BORINGS, LABORATORY TEST$ AND RESULTS:
. Ben test pits were excavated and
four test borings srere drilJ.ed across the subdivision, and are
located approximately as shown on figure 2. [he test borings and
test pits $ere placed in sucb a nanner as to obtain a reasonably
good profile of the subsurface soils. Al1 test pits were €xca-
vated with a hydraulic backhoe, and sampres were taken by bulk
nethods. All test borings were drilled sith a Epwer-driven coo-
tinuous auger dri1l. samples were taken with a standard split-
sEoon sanpler and by bulk metbods.
Tbe soil profile encountered in the
test pits and test borings can broadly be described as a two-
layer systen. Tbe upper layer of soil, extending from 1 to greater
than 12 feet in depth of the upper 'soil profile is a slo1rcwash
material consisting of a silty clay. Ihis material was encountered
at or near the surface in 13 of the 14 test pits and test borings.
These clays are generally of very Iow density. The second layer of
the soil proftle consists of the Colorado River rerrace, shtch ls
described as a poorly graded gravel and cobble. this uaterial ras
encountered at'the surface in Test Boring No. L4, and directly
beneath these silty cLays in L2 of, the remaining test borings and
test Pits. The only variation to tbis sol.I prof,il.e was found in
Test Pit No. 8. In this test pit, a sandy silt was found directly
beneath the silty clayse .-
Tbe precise gradational and plasti-
city characteristics associated with the soils encountered during
drilling can be found on the attached summary sheets. The repre-
sentative number for each soil group is indicated in a small
circre imruediately below the sampling point on the Drilling Logs.
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?he following discussion of the soil groups tr'ill be general in
nature.
soil Type No. 1 classified as a
silty clay (CL) of very fine grain size. Soil Type No- I is
plastic and of variable densidy. Wbere these clays are encoun-
tered in a htgb density, Iw noisture condltion, they wil-l have a
tendency to erpand with swell pressures on the order of 1600 psf
being t1pical. This nagnitude of erpansion .is generall.y suf-
ficlent to af,fect all structural portions of the building, as
seII as the l.ightl-y loaded floor slabs on grade and other
flatwork. Any foundatlons resting on this high density clay must
be designed with their expansive potential in nlnd. Conversely,
where these clays are encountered in a very low density, bigh
moisture state, tbey wil.l. have virtually no tendency to expand
upon the addition of moisture. These clays will have a distinct
tendency to long-term consolidation upon loading. Eoeever, these
low density clays will- be capable of supporting relatively
lightly loaded shal.1m foundation systems, providing they are
properly designed and reinforced. Tbe maximum a1lowable bearing
capacity for these lon density clays was found to be on the order
of 1000 psf with no minlmum pressure 'being required. The marimum
allowable bearing capaclty for tbe higher density clays was found
to be 3000 psf. SoiI. TJpe No. 1 contains sulfates in detrimental
quantities.
Soil Tlpe No. 2 classl.fied as a
poorly graded gravel (GP)
contained some cobble and
rhich obviously cannot be
of coarse grain size. This material
occasional bouLder sized particles
accurately represented on the enclosed
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grain size curve. Generally, this material is non-pJ-astic,
perileabie, and eras encountered in a high density condition. rt
will have no tendency to expand upon the addition of moisture,
nor any tendency to true long-term consolidation under load.
Granular materials such as this do erbibit settlement upon appli-
cation of foundation stresses, but if marimum allowable bearing
capacity valires are not erceeded'and balancing and reinforcing
recormendations .rre carefully followed, it ls felt that settle-
ment of this naterial will not create any problens. At any rate,
any settlement should be fairly raBid and will. probably be
complete by the end of construction. Foundations located in the
material of soil TlEe No. 2 may be proportloned on the basis of a
maximum allotrable bearing capacity of 3500 psf with no miniuum
pressure reguired. rf the foundation excavation extends any
distance into Soil TIE)e No. 2. sorne sluffing of the sides should be
expected. soiL ?!pe No. 2 was not found to contain sulfates in
detrimental quaatities.
Soil TfEe No. 3 classified as a silt
([r&) of fine grain size. SoiI. Tlpe No. 3 ras only encountered in
the area of Test Pit No. 8. This material was found to be of lon
plasticity, low permeability and of medium density. SoiI Type
No. 3'has very litt1e tendency to erpand upon the addition of
moisture; horever, it riI1 have a distlnct tendency.to settlement
and .long term consolidation.upon application of foundation loads.
SoiI Type No. 3 was found to have an allosable bearinj capacity
on the order of 3000 psf with no mininum being required.
Free rater was encountered at
various depths across the subdivision, varying from 6t feet to
Ilt feet. Because of the proximity of, the site to the Colorado
-13-E &ibit i9 page t6
I
River, this free water table is a permanent feature of the site,
and will. tend to fluctuate somewhat depending uPon external
environmental effects. Because of this relatively shallor free
rater table, basements are not recomuended on tbis site. Soune
punping and rutting may be encountered during the ercavatLon or
road building process, particularly lf the botto of the. foun-
dations ertend ne.rr the free rater elevation. Tbis ls a teuEoraly
quick condltion caused by vibration of ercavating egullment on the
site. ff thls should occur, it can be stopped b1, removal of the
equi;ment and greater care exercised in the eicavation Process.
I
-14-
CONCLUSIONS AND RECOMMENDATIONS :
In general, ihe soils found across
the subdivision will form a reasonably good base for tbe proposed
residential structures- Potentially erpansive clays were encoun-
tered.at or neaq the present ground surface in the region of the
uajority of the test borings and test pits. These.clays were found
to be of varying degrees of erpanslon and of variable density.
Beneatb these clays, but al.so at foundation Ievel, ras the hl.gher
density gravel deposit. For the area of the subdivision where the
foundations will. rest entirely on these gravel materials, spread
footings of various widths in conjunction.with a reinforced
concrete grade beam sten waIl will probably be qost suitable foun-
datlon tl1le. Eoryever, in this case, steps anrst be taken to ensure
that tbe higher eqgansive clays do not occur a short distance below
the foundation level, being covered by a thin veneer of sand.
For those areas of the subdivision
where the clays are encountered, foundations must be designed
wlth the expansive 5ntential of the subsurface soils in mind.
The foundation onfiguration rbich can be used on the e:rpansive
clays will depend upon the magnitude of foundation loads exerted
by the residential units as well. as the exact degree of expansion
anticipated from the soirs. several foundatl.on tlpes are acc€p-
table for use on these clays. These foundation configurations
sould' include, but are not linited to.3
1) The first foundation option for use on expansive clays woul,dconsist of the no footing design. with this option, the stemwall rould rest directly upon the ground surface. This foun-dation system would probably Erove nost satisfactory forrgasonably well balanced structures resting on clays (orclayey sands) of lower expansive potential'. It should benoted that this particular arternative, as well as severalthe forlorring foundation eonfigurations, courd conceivabry
of
be
-15-
E thlbtt tg page tB
2'
use.:l on the non-expansive soils in areas across thesubdivision. Eowever, Lf a designed foundation system is
used in these areas, particular care must be taken that thesoils r.:e not overloaded. The all.owable values given in this
retrrcrt for these sandier materials could be used as a guide-
line fcr prelininary design, subject to verification by
inspection of the open excavation.
The second option rould consist of the engineered no footl.ng
deslgn, rith the stem waJ.J' resting directly on the ground
Eutrface. The Judlcious use of voids nould be enploygd to
balance the structure and to increase the contact stresses
beneath any very ligbt wa}ls. For nost moderately loaded
foundatlon systems, this voided stea wall design would Pro-bably prove satisfactory consldering the magnitude of expan-
sion pressures encountered across the suMivislon, and the
anticipated foundation loads for these single fanily drellingunits. TIe would anti.cipate that the uaJority of the foun-
dation systens used on the clay6 across the subdlvislon wlll
faIl into thlr category.
A balanced 5nd and grade bean tlpe of foundation system
would forn the third general foundation option. rhis alter-
natlve sould involve the use of smal.l bearing pads beneath a
reiaforced oncrete grade beam. The grade beam rculd be con-tinually voided between pads with the foundation loads belng
transferred by the pads onIy, and not tbe grade beam betreenpads. Thig foundation alternative will probably be suitablefor very light structures on cl.ays of high expansion
Potential. This conf,iguration generally al.I.ows t-be designer
to maintain a fairly high minimum dead load pressure.
The fourth option rould consist of a drilled pier and grade
beam systen. The erpanslve clays do have side frictionaleffects which aust be taken lnto aecount when deslgnlng thedriltred piers. The diameter and length of tbe pier nust be
balanced so that the appropriate l.oad carrying capacity is
developed wbll.e naintaining enough minimum presaure to Pre-vent upward movement of the piers as a result of expansiveaction. [be grade beam would sPan fron pler to pler and be
continually voided between these bearing p,oints
the fifth foundation configuration would essential.ly be a
cmbinatlon of one of the precedlng alternatives in conjunc-tion with an overexcavated, coopacted granular pad. the
depth of overercavation would be related to the expansion
Eotential of the clays, as wel-l. as the nature of the residen-tlal units. Ewever, we would anticipate the depth of
overexcavation sbould be about 3 f,eet. After overexcavation,
a coupected granular pad tising non-expansivei non-free
drainirrg soils could be constructed maintaining their minimumof 95t of the soils maximum Proctor dry density, ASTU D-598.
The purpose of tbis compacted pad is not to entirely overcome
the expansion potential of the clays, but rather to provide abuffer zone between the clays. and the foundation. A designed
foundation systen similar to one of the preceding
3)
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-16-E fiibit {9 Page {9
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alternatives, wourd then be constructed on top oi the granu-Iar pad. Freguent density tests would be requirec ciuring padconstruction to insure that an adequate density level isbeing maintained. This option would apply if it wourd bedesirable to increase the bearing value-oE the 1or* densityerays across the subdivision. with the above described. procedures, if followed,'the maxiuum bearing capacity would beincreased to 3000 psf. this option would also Ue usea if anyareas of uncontrolled fill. are encountered during the excbva-tion process.
At the present tiue, it is d.ifficult
to establish the exact marimnu and minimum al.lryabl'e design para-
meters for each residential 1ot'across the subdivfsl.on.. es noted
earlier r the foundation soils are smewhat variable in terus of
their classification and engineering characteristics. The engi-
neering properties given in tbis report were based uEon those
soil materials encountered in our subsurface exploration program.
lflhiIe it is unlikely that drastically different soiJ. tlpes will
be encountered durlng excavation for foundations, the possibility
exists that intermediate variations betreen several of the soil
types outlined here could be encountered.
It must, therefore, be recoumended
tbat the open foundation excavation be inspected prior to the
placing of forms to establish the appropriate design parameters
for each individual building lot. Further exploration on a J,ot
to lot basis nay be warranted. At tbe tine of inspection or
further investigation, the naximum and ninimum bearing values can
be established and recormendations made as to the suitable foun-
dation type for that lnrtlcular lot. Also, this inspection wirl
ensure that no debris, soft spots t ot areas of unusually low den-
sity are located within'the foundation region. Any changes in
the recommendations included in this report can easily be made at
the tine of such inspection.
-17-Ehibit tg pago 20
t
If it is desirable to <Sesign the
foundation systems for several standard model residences which
are planned for tbis develogrnent, some pretr iminary design Par.rme-
ters could possibly be usea. Based uEort the results of our
eaploration progr.rlr it would appear that the engineerlng charac-
teristiss of tbe soils encountered durlng drilling can be divided
into thr€e groups for purEoses of prelininary design. Tbe first
group rould conslst. of the htgb density, expansl.ve cIays.
Poundations resting on these materials may be designed for a
uaximrm bearing value of 3000 psf and a minimum of 1500 psf.
Although nost of the optional foundations could be used for this
condition, this laboratory rould recomnend the second optlon. The
second group would be those foundations resting on the very lolr
density, compressible clays. These foundations would be propor-
tloned on the basis of a 1000 psf maximr:m bearing and no minimun.
Although most of the optional foundations e'ould be used to fit this
condition, this laboratory w9u1d recommend the first or third
optlon. Th6 last group, foundations resting on either gravel or
silt, could be proportioned on the basis of a 3000 psf naxinum with
no minimtrn being required. Standard spread footings would be most
practical for this condition. These design values should be
interpreted as prelini'nary in nature only. Agai.n, as mentioned
earlier, basements are not recoumended on this site.
Regardless of the tlpe of foundatlon
system used on this site, it is recommended that all stem walls,
both along the perimeter of the building and bene-ath all internal
load bearing walls, be designed as grade beams capable of
spanning at least 10 feet or the distance from pad to pad or pier
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to pier, if these foundation configurations are used. This rein-
forcing will help make the structure somewhat more rigid and will
tend to spread the loads more evenly around the building.
Eorizontal reinforcement shbuld be placed continuously around the
structure with no gaps or breaks in the reinforcing steel unless
they are special1y deslgned. Diagonal reinforcing should be used
at all steps in the tounaation ia1l. Beams should be reinforced
at botb top and bottm. Where foundations ril]. rest on or ne.rr
the expansive claysr w€ would recommend placing the najority of
the reinforcement near the top of the wa1l.
Again, regardless of the foundation
tlpe used, it is recommended tbat tbe foundation components be
balanced to lower the possibllity of differential movemen-t. This
balancing will help the buildings move more or less as single
units, rather than in a differentiar manner. The foundation
systen shou1d be proSrcrtioned such that the pressure on the soi].
is approxl.mately the same throughout the birilding. Tbe judtcious
use of voids beneath very light walls will help balance the
structure, as well as to develop the minimum design pressures
dictated by tbe expansive crays. using the criterion of dead
load plus approxinately one-baIf the live load, tbe contact
pressures should'be balanced to within +3OO psf beneattr aI,I. I.oad
bearing walls throughout the resl.dential ,rrritr. For the sandier
soils, isolated interior column pads should be designed for
pressures of slightry Less than the average selected for the
bearing waIls. On the cIays, isolated pads should be designed
for pressures of slightry more than the exterior wal.l average.
using whichever criterion is applicabre, we would reconmend
-19-Exhibit 19 Pago Zl
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balancing these internal pads on pressures of approximately 150
psf more or less than the average of the exterior walls.
All floor slabs on grade must be
constructed to act independently of the other structuraL Portions
of tbe building. These floor slabs sbould contain deep construc-
tion or contraction joints to facilltate even breakage and to
he1p ninimize any rursigbtly cracking rbich could result fro dif-
ferentlal movement. Floor slabs on grade should be placed ln
sections no greater tban 20 feet on a side. Prl.or to
constructing slabs on grade, al.l eristing topsoil and organics
must be removed from the building interior. Likewise, all foun-
dations must penetrate the topsoil layer.
A compacted gravel layer of 4
inches in thicfness rould be recommended beneath a].]. slabs
grade. This gravel layer would act as a capillary break.
vapor barrier is recoumended beneath aI.I. slabs on grade.
to6
on
A
Any lnterior non-load bearing par-
tltions whlch will be constructed to rest on the floor slab
should be constructed with a space of It lnches at either the top
or the botton of the waJ-I., when the slabs will rest on the silty
clays of Soil. Tlpe No. 1. This space will all.w for future
expansion of the clays while prevdnttng danage to the wall and
floor section above.
' The existing drainage in the area
must either be maintained or iaproved. Water should be drained
away from the structures as rapidly as possible and should not be
allmed to stand or pond in the'area of the buildings. The sur-
face drainage across the entire subdivision must be carefully
-20-$tltibir t9 pagB 23
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control"led to prevent infiltration and saturation of the foun-
dation soils. The overall grading plan must be designed such
that wa:er removed from one. building is not directed into the
backfilled areas of an adjacent structure.
To give the building extra l.ateral.
stability and to aid in the rapidity of runoff, arl baekfirl
around the building and in uttllty trenches in the vicinity of
the structure sbould be .cmpacted to at least 90t of its nairimqm
Proctor dry density, Asru D-698. The native materiars encoun-
tered on this site may be used for backfirling purposes, if so
desired. A1I backfill must be compacted to the required density
by mechanical means. No water fLooding techniques of any tylre
should be used in the placement of fill on this site.
A subsurface peripheral drain,
including an adequate gravel'eollector, sand'filter and per-
forated drain Pipe, should be constructed around the outside of
each structure at foundation level.. ory we1ls should not be used
an}wbere on tbis sl.te. The discharge pipe sbould be given a free
gravity outret to the ground surface. rf rdaylighti is not
available, a sealed sump and pump should be used.
As mentioned earlier, the 1ou density
surface clays on site are very compressible. Should lt be desired
to do soue cut and fill work across the suMivision, it would not
be recoumended that any more than 2 feet of fil.l be placed on these
elays. rf more than 2 feet of firl is planned in any area, then a
consolidation study should be performed. This can be done at a
later date and added as an addendum to this report.
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lfilbit tg page 24
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Some of the clayier foundation
rnaterial.s would be anticipated to contain sulfates in detriuental
quantities; therefore, a Type II Cement is recomaended for use in
al]. concrete which ril-I be Ln contact with all ciayey foundation
soils. Under no circumstances should calcium chloride ever be
added to a Type fI Cenent. In the event tbat a TIPe fI Ceuent ls
difficult to obtai.n, a Tl6re I Cement may be substituted, but onl.y
tf lt is protected frm the soil by an inpermeable nenbrane. A
T16le I Cement can be used if foundations rest on the gravels only.
Treatment P].ants:
At the present time, there ls a water
treatment p1an and a sewage treatment plant proEosed for tbis
subdivision. The protrnsed water treatment plant site consists of.
1.4 acres in the soutbeast corner of the subdivision, in the vicl-
nity of Test Pit No. 7. The proposed sewage treatment site ls to
occuly approximately 3 acres on the west end of the suMivision,
approximately between Test Pits No. 1 and 2. We understand tbat at
thls tl,me these locations are only tentative.'
As .a very preliminary bearing value
for the two treatment plants., a 3000 psf uaximur could be used with
ne minlmum, provlding that the foundations rest entirely on the gra-
vel. of Soil TIEe No. 3. Eowever, when tbe Location and desitm.of
tbe treatment plants becomes final, it must be strongly recommended
that a furtber subsurface soils investigatlon be done. At that
time, recoumendations, design bearing values, and permeability
values can be given.
It is believed that all pertinent
points'concerning the subsurface soils on this site have been
-22-xhibit {9 PagP 25
it
covered in this report. If soil tlry)es and conditions other than
those outlined herein are noted during construction on the site,
these should be reported to.Lincoln-DeVore so that changes in
reconmendations can be made, 7t necessary. It questions arise or
further informatLon is required, please feel free to contact
Lincoln-DeVore at any time.
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.tit -23-
E fiibit 19 PagB 26
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SCoJe- t'- 2oOO'
|I
GOLORADO: GOLORAOO SPRITIGS I
PUEELO, GLEl{uooo sPRltlcs '6iailo JullcTlotl . rollTRosE,
Gercrol Srie. LocahonEroqrarr.
Qoo., L-oncJrn3 P. tl.b.
F-ror.rRe- * I
Dbtrsh'-#6EOLOGISTS WYOHI}IG : ROCK SPRI}IGs
,J
SOILS DESGRIPTIONS,
IBCS DEffiPNO'I
Topsoil
-Mormode
Fill
GW ftHFgroded eotel
GP fuoru-gloded Giotel
Gil Slty Bo,d
@ Coye, Gtnd
SW l&ll'qroded Smd
SP @goded Smd
SM $lty Sdtd
SC Ooyey Sotd
ML lotr.phslidly Sll
CL t*pmUty OoV
O- L*dostiOty organic
Silt drd Goy
MH tf,dtrdoslio:ty.$lt
Cll rngFdclidty gor
Sl HigtFplosticitY
Orgonic Cloy
Pt ftot
Glu/Gt, YJil; n'or"d Grovel,
tr/GC Well-groded Grovel,
Cloyey
cP/GM E?f$r-n'oo"o
GP43C Poorly-groded
Gloyey
GM/GC Silty Grovel,
Cloyey
GC/C[, Cloyey Grovel,
SillY
silr/sil
$uert|-
oroaed Sond,
Stir/SC Wetl- groded Sond,
Cloyey
SPlSh, Poorly-groded
Silty
SP4SC Foorly-groded Sond,
Cloyey
SMISC Slty Ssd, OotBy
SClSil, Cloyey Scnd, $lty
CL/lv{- $lty Goy
ROCK DESCRIPTIONS'
CONGLOMERATE
SANETO}{E
SILTSTONE
STIALE
C1-AYSTONE
@AL .
UMESTTINE
DO-OII lTE
[MRLSTONE
GYPSI.IM
Other Sedlnemay Rodrs
GRAIIITIC ROCI(S
DtoFuTrc FocKs
GABffiO
RHTOUTE
ANDESITE
BASALT
TLF'F A ASH FLCITS
BRECCIA A Oher \&lcu*s
. Oh€r lgrrcous Rod(s
GilIEISS
scHrsT
PHYI.LITE
SLATE
ITiETAOUARTZITE
MARBLE
HORNFELS
SERPENTlNE
Ottrer ft,telomdphic fudts
SYMBOLS & NOTES'
sauaol tScHPno t
I
I glz Sronaord penetrotion drive
i llumbcrc indcote g blows to driw
[-tttc +oon tz'inlro grcund.
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F
Li sr z- /z' shcrb,y rhh rctt sorrpte
tS ilotud Udrilurt Corilcrrf
tll1kottrertd trtotcrid
Frec uotcrffilc
Filorurcl dry densiily
T.B. - Disturbed Bulk Somplc
@ Soittyperetoted to somphs
in reporl
Top of formotion
6Tcsi Bortng l-ocotlon
E=lTasi Plt Locotion
F-# Seismlc or ResisiMty Stotion.
Unsoiion lndbotes opprox.
hogfh a disnlofion of sprsod
( S= Scismic, R=Resblivify,
Stondord Fencffiion Odves orcmodc
by drivlng o clondord t a'spmspoon
sompler ilo thc ground by droppirtrg o
rolb.rcighrt 3o'. ASTII tcst
dca.D-rsss.'
Sompbs moy bc bulk, stondgrd splal
sooon (bolh dsturbedlor 2-y2',.O.
thin woll (rundisturbcdt) StretUy ruUc
somples. Scc log for typc.
The bodog 106 Ctor subqrrfoc. cmdtloo3
ollhc dolec ond bcotios slrorn ronditis
mt rorrontcd lhotlluf orc reperafofrw
of grbsurfoca conditions ot otfter locstims
ondtimes.
OGLANANON OF OONEHdLE LOGS
AhID I.TOCATION DIAGRAMS
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TEST 1)IT NO.+l *z *4ra ?5
TOP =LEVATION
'TSesorr-a,lety
.rslL:l\
5,rtqr(+'r1
ls8ndi.Jlrftrrrrlolsh.
rnorst'er(rlfm
clcrpth,
s,*,*;
c-r-
Loose
30
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ICNl Srcr\sxJr,&r:td16416,^**adcs r-a<5qnct,
gfrsl.,
vcry srth,:sen4rl
aC)tl)'oolo
Cl tOC)t)oooaoooqo6o'
E,clrO\poooooooOfroo,,00Oooooooctooooeoa
TEST P'T." LOGS
LINCOLN
DeVORE
EilOlltEER3.
OEOLOOISTS
col.oRAoo : coLoRAoo 3Pirlcs r-
PUESLO , SLEIIUOOD SPnties,
GRAIID JUtlOTtar r"tr?c'tQt
rYorrio:
TEST PIT NO.*CD *lo
TOP ELEVATION
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YefYSttY,
Yen,srl.ly,
rt\o|s+-
Urc,c'Etrrm
GP
sfllr- .Sou'rdl
r6f araddI ourto
nD6rs#,l}rt.Yl
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lsrf i
r Sarvl.' qradc3'etMo
SorrdvqroYel'Otrl*t ,
-obblir
YNL
iqan
=llstt.!!EIEi,.F
-l.lrortt ,
-> f,r.rytr,
J..nr3
Xrarncd
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ooLoRADO! COLORADO SPRril€S,'
PUEELO , CLEI|UOOO SPRltlGS ,
GRATD JUTOTI
CIwery srlln
5{:,,
Jnftt.|
O)-
'?4;.'*r,
flrorst:ltrrr-
TEST P,T LOGS
LINCOL N
DeVORE
EilGIilEERS.GgoLoctsTS
30
FtrllrlIL
3S
-Fo.trlc!
: ROG Exhibit 19 Par
=* ll;EST HOLE NO.
TOP ELEVATION
cl_
ErI srry,
eondyrjtrftt- -
,slqlr+hTTBlSf
CL.{qt
Srt$,
=andi;.
-'Ycf\, -
lOosc-Vrv'trdSi
@
v€r\,
m':'YqradesOu$6
lSarrdu
€Irarc,t'q)*h
AL
YCY
Stt^il6
3ndy,
Tno|s+.Ycrv '
bosi
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Yeh,'vv{olr}
BlPt
?€tusalol to'
30
Flrl
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OOLORADO' GOLORADO SPIIIIGS .-
?t E8LO , cLl
9!.119 {9!9 Bhiblt 19 Page.tYolllil63 R(
q>
#h<Sonchr9ravcl
€Sor=
D R ILLING LOGS
LI NCOL N
DeVORE
ENGIIIEE RS.
CEOLOGISTg
SUMIviARY 5.Hi fi
Soil Somple CL
Boring Nlo- *z
Somple Nb. I
.f / r"tn.\
Nlotwol Woter Content (w)----%
Specific Grovity (Os)-' z*:I2-ln lgcr Densitv fro) ocf
Tesi r'-r'-r . a*oZZ
7-"?- bDota
Test by r{s
Plctic llmit P.L- 2tt.r' %
Uquid Umit L. L- 8a.A %
Plcticity lndex P.l. tr.e %
Shmokoge Umit 96
Flow lndex
Shrinkoge Rqtio 96Vc.lr:rnefricCh<rrg#
Uneol Shrinkoge 96
MOISTLRE DENSITY: ASTM
^,tEtHOD
Optimum &bisture C,ontent - wo q6
lvloximum Dry Density -rd---,ocf
Colifomio Beoring Rotio (cv)-------%
Swell' l'b)rs-96
Swell ogoinstJ9ggpsf \ftlo goin----.!?6
BEARING:
Housel Penetrometer (ovl@-tg-Eg$Dsf
thccnfined Compression (qu)-pf
Plote Beoring:-psf
lnches Settlernent-
Consolidotion % under p.f
PERMEABILITY:
K (ot 2PC)
Void Rotio
Sulfotes 2d pprn.
Ll NCOLN-DeVOR E TESTI NG IABORATORY
coLoRADo 5PRINGS, coLoRADo
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TTYONOMTTB ANALYSIS:
Groin size (mm)
SOIL ANALYSIS
Erhlhlt {9 Peqg
771t2e.5' bztP)
soil sampJ.e GP Test No ' $+cZz
pro1ect lt/ooa- L*r->r,ue Qttb- rr,te *% 8o
Samlrle Iccatlon zzrzle6' (nrp) Test W ts
100
Eeo(,
EBo
cl
il60HzH50
Er 4,i2
EI230
&l420
10
'vi)".|Jfl:J J Hmr;'*fl,-;.: -"
Squple !to,
Speclflc cravl'ty
tloleture Content
Effectlve S1ze
eu
W %risrc #. zasslrto
6'
+'o@
rt .*L t
Sulfatee tt
t/a'
ttto .Zt?ra 19.6r& /.3try
t@ 8.b
5o ore'
Plneneee l{odulus
r.r. - 1 t.i.1Qjp
BEARIilc 35oo p8f
GRAIN STZE ANLLYSIS LTNCOLU-DEVORE TESAIIG IEK,RTSORY
coLoRRDO SPRTNGS, COLORADO
-}
:
lastic to Pl.astl.c
Exhibtt lg page 3;
SUMAAARY SHi ET
Soil Sornple TNL
Locoti
Boring Nb.__g_
Sorple I{0, 3
Noturol Woler Contenf (t") %
Specific Grovity (Gs)
Tesi i'to.a*azz
Dote,
Test \ -
7'f- b
hS
ln luci Density (r") pcf
Plcric Limit P.L- a.a
Consolidotion Eo under
PERMEABILITY:
Uquid Umit L. L- z<,.8 %
Plosticity lndex P.l. 3.cr 96
Shrinkoge Umit q6
Fiow lndex
Sirrinkoge Rotio 96
rri-'i,.,metric ChongeJ
Line.:l Shrinkoge - 96
MOISTIRE DENSITY: ASTM MEIHOD
Optimum l\bisture Content - wo e6
lvlocimum Dry Dersity -rd-pcf
Colifornio Beoring Rotio (ov)--------96
Swell. Doys--96
Swell ogoinsf---pcf Wo goin----3
BEARING:
I
I
t
I
K (ot 20PC)
Void Rofio
Sulfotes l6d ppm.
Ll NCOLN-DeVOR E TESTI NG IABORATORY
COLORADO SPRINGS, COLORADO
20_
}TYDRO METER A }{ALYS IS:
Groin size (mm)
SOIL ANALYSIS
E 6lbit l9 Paaa -1
t
L?
LincolnDd/ore
lflXllUest Fillmore St
Colora& SPrhp. C.oloratb ff1907(3qr)6s2€5ql
ltonrolfie itrrly 18, 1980
Wood Brothere Eones
2103 Ssqtlr lxadgrcrttr Boolward
hver, @ 8,o227
Be: Pavements
Iyoods r.rndlng pUD
Garfleld &unty, CO
tfr *34622
Gentleoen:
Llacola-DeVore i.ssued a gnbsurface sol1s report for this
site a short ttne agio. Ittren the orLginal regrort was lesued,
Eveero-Carnany testlng had not been completed. TbLs testing
has notr been flnished, the results-.of whieh are suuunarized
belor:
SotlTypelllo. 1 R=5
Average Dl.splaeement € 3OO psi = 3.45
Average Etpanoion Pressrrree 3OO psl = 49.O
Usiag the ctty and couutlz ertteria for traffic counts of
certala class streets, ttre requlred base course (assunlng
proper preparatiou of the subgrade and compaetLon of the
base course) \ras conFrtud. Tbey were found to be as f,oIlous:
di
Stsreet C1ass
l,Ilnor realdential ('!X=4.O) 2'
Sicondary reEldeatial (Tr={.5) 2"
t{aJor rasldenttal (!!I=5.O) 2n
Secoadarl arterial (3I=6.O) 2"
ttlJor arterial (TI=6.75) 2n
Depth of Asehalt Depth of BOse Co-urse
P.O. Box 1427
Gtermood SprirUs. Cof, 8160l
(303) 945.6020 -
10'
L2"
14"
17"
19"
P.O. Bo( l@ P.O. Box 16(t
Grand Juncrirn Colo 8t5ol Fod( SEngs. lrvyo 82!X,
(3rB) 242-@68 (3Xr4 382-2649
q2 EaE Ah Sreer
Reblo. Oob 8t(X)l
(3X}315a5'115s
S Rossrnont Plaza
lbnrose. Cob 8l4ol
(3qr) 2497838
-J E fiibtt 19 Pago 35
r,D *34622iltrly 18, 1980
Eaq€ -2-
f,e bope t-his bas provlded'fpu sltlr the Lnforratloo yourequtred. If gusstlone aalge, pleaee feel fms to eoataet
ELncolnr-DeVorc at anlz tr,Ds. '
Respectfully subnttted,
' f.nf@IIt-DeIIORE fBStIre LAB., If,C.
:I gy: t{arttn F. Essl.grnann; P.E.
' tlFf,r{ah
" cc s Ll>-Glenuood Springs
:.t,J
Exhibit 19 page 36
EXHIBIT 20
Map r Mule Deer Concentration
Map r Elk Concentration
EXHIBIT 20
E rhib[ 20 Page I
.':.4
tl
EaeE
JF<t
Et lrlL'
Efiibit 20 Page 3
E 6ibit 20 Page t[
,{;$;ffijfl
'$$*lI
iirr
il,' nu "lIIl
Exhibit 20 Page 5
Eldtibit 20 page 6
EXHIBIT 21
Engineer Certification That Building
Envelopes Are Above 100 Year Flood
Plain Based on State/County Map C-
18, Floodplain Special Use Permit
EXHIBIT 21
E fiibat 2t page 1
E fiibit 21 Page 2
FRO,I : I'lourtta t ncrpSs€ng r I nc FFD( I.E.:9?99455559 Feb. ?7 ffi 6:16P1'l P1
Feb.ruary n.,zW
RE: ' R4pids <ri thc Colorado Flood Plaitr :
E fiibit 2{ Page 3
Efiibit 2i pago 4
FRBI : l'toltntainCrossEng r Inc
Feb-27'OG OG:3ErA
.t'l
FAX I'8.
el8|.ffIEOrrttr,.Coaafitrg Engtmero antl |@tdogists
-T,,
-ffil-
Feb. 2? ZW &ztGP$ n
P. Ol
Dcemtrcr 30' f99E
Mr. Gelr R. Hilrcn
2l@ Wcst AraPoha Drive
Ualaon, CO 80120
RE; Thc RaPils
Dcrr Gcrp:
l.
2.
This lcrcr is to prwtdc ccrrlfradoo for thc pbcomcm of ,iU mrrcrhl in rccordercc wlrh rlr
Grrfictd Coury Ftoodplain Spcchl Ure Pcrrnit fo tE Raptds e Oc Colordo $rhdivhim
(Rcsolution n-26, copy cncloEsd). I, hrcr Bslru. r Colorado rcgilsrcrcd Profesimrt
Eaginecr, bcrcby ccnify tltc ldloariry:
Tlu 'lsttrilt' clevatim of the fill phcat olr l"ott l, 2, 3, 4, 5. 6, 7, 8, g. 10, ll, 12,
16,17, and tB dthc R{ids on ftc Colordo $tbdivtslm is rDove thc chvarion of tbc
l00.ycer 0sd, efreahrcly.remvhg tlr bultditU cnvelopcs on rhcsc lors from fic
l0rryrr floodptril of rbc Colcrdo Rivcr.
Itc ttll mrrirt rrrs plroed in aeordeuce sirh $e cnglrccring specifrcrdons for rhis
typc of fldplah dcvclopocil, iacbding lhc cmpectbn of iltc ftll maarid.
Plcrsc norc tb.t thc Spccid Usc Pcrmit lnc e numbcr of eddftionrt rcquirunco, ircluding thu
rh lorlesr f,oor. hctnditrg bdsemcot. of rry rcsilbrcc mu$ bc al. lea$ I fmt rborc the
lGysrr flood clemtitto.
Sinccrcly.
EiUtrTEC,I, NC.
PB6IW
Errlonuc
cc: MerkBcur
E-nath bdmtErof.tu
A.rtat Dqctur!iltdl-l.t CBbo UtfA
llr? Efif|slDrL&rrt8' P.O.WC r&
%
PqcrBclru, P.E.
Grnroaafiagr, warw l,?lrruw Fu (97ot
Erhlblt2t PegP t
E filbit lt page r
fi0,;
STAIE OF COLORADO
County ofGarfield
At a regular hearing of the Board of County Commissioners for Garfield County,
Coloradq held in the Commissioners'Meeting Roorn, Garfield County Courthouso, in Gloowood Springs
on Monday n the 7th of April A.D. l99Z- there were present:
Merian I Smhh
)
)ss
)
Iohn Martin
Comoissioner Chairmut
CommissionerLeqyMcCown , Corrrrissiouer
Don l)eFord Camty Attorne,y
Itfildred Alsdorf , Clerk ofthe Board
Chue.lc f)eschemec County Administrator
when thc following procdings, arrx)ng others were had urd done, to-wit:
RESOLUTION NO' . az-)O
A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE
PERMIT FORRAPIDS ON TIIE COLORADO SI.JBDTVISION
trrI{EREAS, the Board of County Commissioners of Garficld County, Colorado, has received
application from Gene }[hon for a Floodpiain Spec,ial Use Permit to allow the ptacenrent offill material in
portioru ofthe ffood Einge ofthe Colorado River and Garfidd Croek on the following described tract of land:
SccAtt dred: ExlribitA
(in thc State of Colorado and the County of GarfielQ; and
WHEREAS, the Board hdd a public hearing on the 7th day of October, 1996, upon thc question of
wheth€rthc abovo-dcsiribed Floodplain Speciat Use Permit should be granted or dcnied, at which trearirrg
the prbEc srd imere*od pcrsons were gvcm thc oppornrnity to oeress their opinions regarding the iszuance
of said qeeciat UsoPormit; and
WHEREAS, the Board on thc basis of nrbstartiat com@eot eryideoce produood at tbc
aforementionod hesdng has made thc following det€nninstiim of fact:
l'. TtrrrfpropnrbticstiwuntpublicuroticuwrprwidEf a'roquired'by'law'brfie'tteadqs
before tbo Board of County Commissionrs.
I lffir ilil lllllilllllllHllll lllll lll lllll llll llll
3Efr71o WlOalUNl Glr3fP Bl0ll PE08 aa?t cf 5 R 0.@ D 0.@ ll 0.00 9RRFIEID Oililnt CLER
Ell|rlblt 2l Pagel
That *re trcaring before $e Board of County Commissioners was oceosive and complete, that
all pertinetrt factq rnatt€rs urd issues were submitted and that all interested parties were heard
at that hearing.
That the application is in compliance with the Garfield County Zoning Resolution of 1978,
as amended
For thc above stated and other reasons, the proposed use is in the best interest ofthe health,
safuy, morals, oonvenim, ord€r, pnosperity and welfare of the citizens of Garfidd Cornty.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
Cottuty,ColoradqesmcnoodplainspeciatUsePermit bcadh€rdyisautlrorizcdperrrittingtheuseof
the above describcd tract of land for the placement of fill matqiat in portions of thc flood fringe of the
colorado River and Garfidd cree*, upon tbe following specific conditions:
l. l'hat all represemtdions ofthe applioant, either within the application or stated at the hearing
before the Board of County Commissioncrs, shall be considered conditions of approvd.
2. That the Spocial Use Permit shall be issuod when all oonditions of approval are met and shall
be subject to adherencc to specific conditions to be conuined within the Subdivision
Improvenrms Agreem€mt for theRapids on thc Colorado Subdivision.
3. That all placnment of fill material stull be in asoordance with the engineering specifications
for this t1rye of floodplain development.
4. That the compaction of fill material shall be fietd verified by the dwclopeds engineer, as it is
being placed, and the engineo shall provide individual, "as.buih'elevation certificates, for
cach afrested lot, upon oompletion.
5. That approval of this Special Use Pernrit shall in no yrEy be construed as approval of the
Rapids on tho Colorado SuMivisioq nor shall h obligate the Board of County Commissioners
to approve said s$dMsiol.
6. firarappruneil'of*risSpid'UssPenmitshall'preclude'the-neoeceity.of complianoe with-the
following plat note/condition of approval, proposed for the Rapids on the Colorado
Subdivision:
Site qpecific, engineoed building foundatioru and iudividual senagc disposal system designs
sttallbe $bioct to individual Ftoodplain Speolal Use Permit applications and approval, prior
to the issuanoo of a buildfurg frmit for any oonstnrction identified within the 100-year
floodplains ofthe Colorado River ond/or Crarfield Creek.
Prior to Final Plat, the developcr's engineer shall submit site specifio engineered plans for
residential derrelopmcr[ within the flood tinge of the Colorado River and Garfield Creek.
Furthermorg all dwelopmeru in these areas shall be consistent with these plans and shall be
2.
3.
4.
tHrlJt[f;llllulrHr![! l!l[!l'!tul'!t! il] Iilr
2 of 5 R 0.00 D o.U ]l O.oo GRRFTB-D sOUtfy CLER
E &lbit 21 page 8
7.
9.
10.
requird to furnish as-built, elevation certificates demonstrating that all construction meets
the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as
am€ndo( prior to ttre issrmce of a Certificate of Ocorpanry by the Garfield County Building
Department.
That the lowest floor, including basement, of any new building designed for residential
ocanparyr, chatl not be less than one (l) foot above the maximum water eloration of the 100-
year flood as determined by the Garfield County Flood lnsurance Study.
firat orrsitc individual scu,agg disposal s,,rstcms shall be located so as to avoid impairment of
them or contamination fro them during a l0Gyear flood went.
That prior to isslrance of a btrilding pc,rtrtit, the owner of each lot shall prepare and submit a
soils and furdation rcport, ur LS.D.S. desigg aod a gnding and draimge plan prepred and
certified by a professional engineer. All improvements shall be oonstructed in accordance
with zudt measrr€$ which shall be a condition ofthe building permit.
That thc applicant/dweloper shall take prudont mea$rres to control dust gencration and
migration from the sitg fur the &ration of dwelopment on thc site.
Datedrtis Etrr day of
ATTEST:
, A.D. 19 9?_.
GARFIEID COI,JNTY BOARD OF
COMMSSIONERS, GARFIELD COUNTY,
COLORADO
%*z,-J, /zr>A-
Chairman
Upon motion *, * ard seconded the foregoing Resolution was adopted by the following vote:
Aye
Commissioner John F. llartin
ttammi cre.i anar f.:rrrr f- M^anwn , Aye
ililil llillllllll lllll llllll llllllll[fiulll llil lil-*Nirp wtoenggt oo:3tP Etol{ PEto aaz
3-of 5 R 0.00 D 0.00 ll 0.00 GiRFIELD @tilrY cLEn
E 6ibit 21 Page g
STATE OF COLORADO
County of Garfield
f,
-
n County Clerk and ex-ofroio Clerk of thc Board of County
conrrrissioaers io *a@ afore;ia do hercby certifythat the annored and foregoing
Rssolution is truly copied &om the Records ofthe Proceeding of the Board of Cornty Cornnrissioners for
said Garfield Courry, now in rny office.
IN WIINESS WHEREOF, I hare hereunto set my haod and affired tbe s€al of said County, u
Glcnwood Springs, this_ da], of A.D. 19-
County Clerk and or-officio Clerk of theBoard of County Cornsrissionors
I lllilt ilfl l]lll lllll llllll lllll lllll lil llll llll llll
50s7{0 ffil0Eltgt T 03r3lP 8l0r{ PEll {l?
4 of 5 R 0.0O D 0.e0 ]l 0.0e GffiIEtD G0tilTY CLER
)
)ss
)
Exhibit2{ Page t0
LEGAL DESCRIPTION
The Rapids of the Colorado
LEGAL DESCRIPTION
A tracl of land situated in the SW1/4 of Sectlon 4 and the SEl/4 of
Seetlon 5, Townshlp 6 Soulh, Range g1 West of the 6th P.M. described
as follows:
Beglnnlng at the Southwest Corner ol sald Sectlon 4; thence N 0o 50' 00"
Vl, 438.10 teet along the West llne of said Section 4 and along the
Easterly llne of that parcel of land described in Book 570 at Page 266 ln
the Offlce of the Garfleld County Clerk and Recorder;
thence N 75o. 43' 18' ltV 101.89 teet;
thence N 17o 08' 41' W 115:59 feet;
thence N 53o 47' 08' W 1T1,75 feet to the center of the Colorado Rlver;
thence along th€ center of sald river N 23" 43'15'E 339.10 feet;
thence N 23o 43' 20" E 310.00 teet;
thence N 35o 08' 15' E 419.25 teet;
thence N 42" 56' 13' E 499.62 leet:
thence N 65" 01' 47" E 404.40 feet
thence N 71o 35' 12" E 503.50 leet;
thence N 84o 15' 20' E 284.99 feet;
thence S 81o 33' 38' E 244.41 feet;
thence S 58o 02' 47* E 266.82 feet;
thence S 68" 42' 11' E 476.70 feet;
thence departlng the center of said cotorado Rlver s 0o 29' 34' E 523.50
teet to the Northeast Corner of that parcet described ln Book 527 al page
743 as Beception No. 293881; Thence along the boundary of said parcel
S 78" 22' 1A" W 321.42 feet; thence S 8o 40' 15" E 378.29 leet to a point
on the Northerly Rlght-Of-Way of County Road No. 335; thence along
said Rlght-Of-Way S 78o 58' 32' W 207.05 feet; thence 140.15 teet along
a curvs to the left, having a radius of 1030.00 feet, a central angle of 76
47' 46"i the chord of whlch bears S 75o 04' 40" W 140.04 feet; thence S
71o 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to
the left having a central angle of 7" 09' 25' and a radius of 530.00 teet;
the chord of whlch bears S 67o 36'0So W 66.16 teet; thence S 64o 01'
23'W 296.11 feet; thence departing said Right-Of.Way S 0o 14'42" E
653.78 feet to a polnt on the South llne of said Section 4; thence S 89o
20' 08" W 1308.98 teet to the POINT OF BEGINNING; said described tract
contalning 97.269 acres, more or less.
ult'ffi J!lutr[l!u!f ultltJ,lttltTl|llry_;;'a i-o.m-o o.m I e .@ GffiIELD cotllrY GLER
E fiibit 27 Page 11
Exhibit 21Page 12
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EXHIB)T 22
Existing Protective Covenants
(Volume 3- Revised)
EXHIBIT 22
E fiibit 212Page 2
Itlllll llllt llllll llllll llll illll llllll lll llffillll tlll {^\il
513356 Ogtilg/1997 10:38fi
,l ol 22 R 111.00 O 0.00 t{
Br032 P963 135
0.00 GRRFIF n CLFRK
DeCLqRATIoN OF PnorrcTVE COvrruaNTS
FOR THE RRPIOS Oru THT COIONNDO SUBDTVISION
LOCATED Iru GnnTIELD CoUNTY, COLORADo
KNOW ALL MEN BY THESE PRESENTS that the RAPIDS DEVELOPMENT
CORPORATION,beingtheownerofThe Rapids on the Colorado Subdivision located in Garfield
County, Colorado, and being desirous of protecting property values and the health, convenience,
welfare, and use of the owners of lots therein, does hereby declare and adopt the following' Restrictions, Covenants, and Conditions, each and all of which shall be applicable to and run with
the lots in The Rapids on the,Colorado Subdivision as the same appear upon plat thereof filed for
record on ?-*day of -d,-tfr / ,, t , lgg7, as D6cument No. 5 a 3 5.1 in the
office ofthe Garfield County Clirk and Recorder, said Restrictions, Covenants and Conditions being
as follows:
l. Definitions As used in these Protective Covenants, the following words, ternis, and
letter designations shall have the following meanings:
' l.l "ACC" shall mean the Architectural Conhol Committee for the Subdivision
and shall consist ofthe three (3) members designated by the Declarant to perform the duties
of the ACC. Subsequentto the sale by Declarant of all lots that are \ilithin the SubdMsion,
or such earlier time as is determined by Declarant, the ACC shall consist of the members of
tlu€q (3) members of the Board or such other'three (3) persons as may be designated by the
Board.
1.2 "Act" shall mear-r the Colorado Common Intereit Ownership Act, Colo. Rev.
Stat. $$ 38-33.3-10l-319 (West Supp. 1996). All other terms as usd herein shall be defined
-'consistent
with the meanings defined under the Act.
1.3 "Association" shall mean The Rapids on the Colorado River Homeowners
Association, a Colbrado nonprofit corporation
1.4 "Board" slrall mean the board of directors of the Association.
1.5 "Common Elements" shall mean any real estate within the planned
community owned.or leased by the Association, other than a unit. The initial Common
Elements shall be those areas designated on the Plat as "Common Open Space" and
"Cornmon Open Space (Equine Area)".
1,6 "Declarant" shall mean the Rapids Development Corporation its successoni
and assigns
Declaration of Protative Covenants
The Rapids on tle Colorado Subdivision Page I of2l
Exhibit t2Page3,
Illlilt l]il illllilffit ilil llllt illllt ilt il[ilIililt
513356 O9/A9/t9.97 10:38fi 81032 P964 1352 ol 22 R 111.00 D 0.00 tl 0.00 GRRFIELD CLERK
1.7 "Lot" shall mean a lot in the Subdivision.
1.8 "Owrer" shall mean the owner of a Lot in the Subciivision..
1.9 '?lat" shall mean ttre Final Plat of the Subdivision.filed for public record in
the Office of the Clerk and Recorder of Garfield County, Colorado as Reception No.
6BBs.a .
' 1.10 "Property" shall mean the real estate encompassing ihe Subdivision more
particularly described in ExhibitA attachedhereto and by this reference incorporated hercin
l.l1 *Residence", "IJnit" or "Dwelling" shall mean a single family structure on
a Lot within the Subdivision..
' l.l2 'Residential Purpose'r shall mean the uie of a residence as a home and
principal dwelling place by the ownerthereof. Rental of said unit shall be permissible only
if rented to a single family
l.l3 *Single Family" shall mean one or more penions related by blood, adoption,
or marriage, living and cooking together as a single housekeeping unig exclusive of
household servanB. A nnmbEr of persons not exceeding two (2), living and cooking together
as a single housekeeping unit thougb" not related by blood, adoptiorl or marriage shall be
deemed to constihrte a family.
I . 14 "subdivision" shall rnean The Rapids on the Colorado Subdivision" a planned
community located in Garfield County, Colorado set forttr and more panicularly descdbed'onthePlat.
2. The Rapids on the Colorado Homeowners Association.
' 2.1 Each Owner shall automatically become a member of the Association.
2.2 The pnrposes and powers of the Association are as set forth in its Articles of
Incorporatiorg Bylaws and the Act and include, but are not nec€ssarily limited to, the
management control and maintenance of:.
2.2.1 the domestic water distribution system;
2.2.2 roadways dedicated to the public; and
2.2.3 all common areas.
Dularatioi of Prtiteaive Cwenants
The Rapids oi the Colorado Subdivision Page 2'of 2t
E &ibit ZlPage I
illlilt llilt illllil[ililil til]illlll ilt lllllllil llll
513356 09/09/1997 !'O:3ER 81032 P965 135
3 ol 22 R 111.OO O 0.00 il 0.00 GRRFIELD CLERX
2.3 The Associationmay assigr its future income, including its rights to receive
conrmon expense assessments, upon an affirmative vote of a tnajority of Lot Owners at a
meeting called for such purpose.
. 2.4 During the period of Declarant control, as described in paragraph 35 infra, the
Declarant shall have the righg ptrsuant to Section 38-33.3-303(5) of the Act, to appoint and
r€move officers and members of the Board of Directors of the Associa:ion. In the event the
Declarant surrcnders zueh right, it may require, by separate recorded instrumeng that certain
Asswiation actions shall nonetheless require Declarant appmval to become effective.
2.5 The Association shall have one (l) class of membership. Each Lot Owner,
as a member of the Association, shall be entitled to cast one (l) vote for each lot owned by
such Owner, on all matters coming before the Association for a vote. In the event there are
multiple Owners of a Lot, the following provisions shall govern:
2.5.1 If only one of the multiple Owners of a Lot is present at a meeting
of the association, zuch Owner is entitled to cast all the votes allocated to that unit.
2.5.2 [f more than one of the multiple Ovmers are present, the votes
allocated to that Lot may be cast only in accordance with the a6reement of a majority
in interest of the Owners. If a majority agrcement on the matter before the
Association is not reached by the multiple Owners,'said shall be deemed to have
abstained from voting on said matter.
2.5.3 A majority agreement of owners shall be deemed to exist if any
one of the multiple ownenl casts the vote allocated to that Lot without protest being
. rnade promptly to the person presiding over the meeting by any of the other owners
ofthe unit
3. Single Femily Residential Usc Only. Except asprovided in Paragraph 4 below, all
Residences shall be occupied and/or otherwise used for single family purposes only.
' 4, Ifome OIIice. A home of;Ece may be maintained within each residence. The
maintenance of said home office shall be subject to the following limitations and restrictions.
4.1 Persons not residing within the residence shall not be allowed to
occupy and/or otherwise utilize the home office.
4.2 All activities conducted within the home office shall not be
perceptible ftom outside the residence nor shall the same be advertisett by bill board,
sign or other method perceptible within the Subdivision
Dulodion of Protectiw Corenants
Tk Rapids on tlv Colorado Subdivision Page i of2l
E$lHt Z2Page 5
Lru|l tllL;!|! [ry qll l[]rlH[l lLuL' il! ]] lll,
4 0t 22 R 1r1.OO D 0.00 N 0.00 GnRFIEiD cLERh
4.3 No activity conducted within the home office shali cause or othenrise
result in increased vehicular or pedestrian travel through the subdivision.
4.4 The maintenance of a home office shall comply with all requirements
governing conditional uses set forth in the Garfield County 7-ontngRegulations at
5.03 and 5:03.10
5. Limitations on Structures - Single-Family Residential Use Only. All Lots *ithi"
the subdivision shall be subject to the following restrictions
5.1 No morc than one (l) detached single-famity dwelling and one (l) attached
or detached garage for not more than four (4) automobiles shall be erected upon any LoL
5.2 No building or struchre intended for or adapted to business, commercial or
manufacturing purposes, nor any multiple-family dwellings, shall be erected, placed,
maintained or permitted upon any Lot.
5.3 All stnrctures shall be sited on each Lot by the ACC and no stnrcture on any
Lot shall be constnrcted closer than twenty-five (25) feet to any side or rear [,ot line or closer
than fifty (50) feet from any front Lot line. Any buildings constructed on [,ots I through 20
must be cdnstnrcted within the building envelopes shown on the Final Plat
5.4 No stucture shall be placed or located on any Lot in such a manner that will
obstnrct, divert or otherwise alter the natural water drainage courses and pattems, including
drainage of inigation water. Likewise, no landscaping, driveways or changes to the existing
terrah shall be made which shall obstnrcL divert or otherwise alter such drainage.
5.5 The minimum size of each primary residential structure erectd shall be not
le.ss than fifteen hundred (1500) square feet of finished living space, excluive of basements,- open porches, garages and carports.
5.6 No stmcture shall be permitted on any Lot which exceeds twenty-five (25)
feet in height from the highest natural Enished grade line immediately adjoining the
formdation or stnrchrre
5.7 No building shall be erected by means of other than new constuction, it being
the purpose of this covenant to ensure that old buildings will not be moved from previous
locations and placed upon a Lot.
5.8 All stnrctures shall be constnrcted of either brick, stone-, lumber, shrcco or-a
combination thereof. The use of cinder block shall not be allowed unless it is faced with
Declaration of Protective Covenants
The Ropids on tlc Colorado Subdivision Page 4 of2l
ExhibitZt Page 6
L|llilt llilt l]lllililt ill [ilillllilil ill]]il lllt513356 09/09/1997 tO|38R 81032 pS7 1355 oe 22 R 111.OO D O.OO N O.0O GRRFIELO CLERK
another material hercin approved. All roofs shall be finished with approved, fire-resistant
roofing mdterials.
All driveways and parking areas shall have paved surfaces.
5.10 No stnrcture shdl be placed or erected upon any Lot which is, ever has been,
or could be madethe subject of a specific ownership tal( as now defined in Title 42 of the
Colorado Rerrised Statutes, nor shall stnrctures constructed in the fashion and manner as .
mobile homes or manufactured housing bc allowed
5.11 Each stnrcture shall be completed within one (l) year from date of
comme.ncement of constructiort.
5.12 Open heartb solid fuel fireplaces shall not be allowed within the suMivision.
One (l) new, solid-fuel stove as defined in Colo. Rev. Stat. $ 25-7-401 et. seq. (1995 West
Supp.) and the regulations promulgated thereunder, shall be allowed in any dwelling unit.
All durciling units will be allowed an unrestricted number of nahrral gas burning stoves and
appliances.
5.13 All stnrcttres located within the flood fringe of the Colorado River and/or
Garfield Creek shall be constructed in conformance with the conditions of approval ofthe
Floodplain Special Use Permit conditionally app,roved b; the Board of County
. Commissioners, Garfield Co*ty, Colorado, on October 7,1996.
6. Resubdivision Prohibited. Without restricting ttre rights of the Declarant in
paragraph 33.5 conceming resubdivision, the.resuMivision of a Lot by an individual Lot Owner
other than the Declarant is prohibited. A Bo'undary line adjustment which does not result in the
c,reation of an additionat Lot shall no! for the purpose of this paragraph, constitute a resubdivision
of the lot.
7. Utility Lines. All gas lines, light and power lines, telephone lines and television
cable shall be buried underground at the Owner's expense and out ofsight fiom theirprimary source
at the Lot line to the dwelling.
8. Senege Disposal. Each residence shall contain. at least one (l) fully-equipped
bathroom and all sellrage therefrom shall be disposed of by means of individual sewage disposal
system, designed by an engineer licensed in the State of Colorado. Each individual sewage teatrnent
system shallbe located so as to avoid impairment d*ing a 100 year flood event and constucted in
a manner to facilitate ready access for maintenance. Each Lot Owner shall be responsible for the
construction, operation and management of their individual sewage disposal system. The
Association will contract with a septic tank systems cleaner to clean all of the septic tanlcs on a
annual basis or suchother frequency as shall be determined by the Association.
Mlaration of Protective Cwenoils
Tle Rapids on the Colqado Subdivkion Page 5 of2l
5.9
E OiUt AzPagol
illlilt ltilt llllll llllll lll lllll llllll lll lllll llllllll
513356 Ogl0gll997 t0:38R 81032 P96E 135.6 of 22 R 111.00 D O.0O N 0.OO GRRFIELD CLERK
8 ! The standards of performance for the septic tank systems cleaner f'systems
Cleaner"': shatl be as follows:
8.1.1 The Systems Cleaner shall be licensed as rcquired by Garfield
County.
8.1.2 ' The Systems Cleaner, when cleaning a septic tank, shall remove
th: liquid, sludge and scum,leaving no more than three (3) inches depth of sewage
in a septic tank.
8.1.3 The Systems Cleaner shall maintain his equipment so as to insure
that no spillage of sewage will ocrcur during hansportation, and that his employees
are not subject to undue health hazards.
8.1.4 The systems cleaner shall dispose of the collected se\mge only at- asite designated by the Garfield County Board of Cornmissioners or by the Board
of Health.
8.2 All ISDS systems located on Lots 26,27,30,31,32 and 33 shall be located
a minimum distance of 200 feet from all domestic water wells.
9. No Temporary Stnrchrres. No struchre of a temporary character, tailer, basemeng
tent shaclg garage, barn or any other outbuildings of any description shall be used on any Lot
except on a temporarSr hsis not exceeding five (5) months by the constnrction contractor
constnrcting a dwelling on a Lot Compliance with the Garfield Cormty Regulations is required with
respect to zuclr temporary structure perrriued under this paragraph
10. No Commercial Use. There shall not be permitted or maintained upon any Lot or
any part thercof any rade, business or industry, except that Owners may, pursuant to the limitations
and restrictions contained in Paragraph 4. supra, maintain a home office and/or rent or lease their
dwelling for residential purposes when not required for the Owners' use. Renting or leasing of a
dwelling may only be done for the entire dwelling. No apa(ments or other divisible use of the
dwelling shall be allowed, and arry such use shall be deemed.a commercial use and subject to
' immediac ir{unction by the Association or other Owners.
11. Feices and Hedges. No fencing shall be constnrcted or located on any l,ot with the
exceptlon of "invisible fencing" for dog control and/or dog kennels in conformity with paragraph
13.2.4 of these Covenants. Fencing, as approved and constnrcted by the Association shall be
allowed on all areas described on the Plat as Comrnon Open Space and Cornmon Open Space
(Equine Area) artas.
kclaration of Protective Cwenants
The Rapids on tle'Colorado Subdivision Page 6 of2l
E fiibit Zt page 8
ililil ililt llilll ililt lilllllt ilffiilt ilil lllilil
513356 Ogl0gll99l 10:36fi 81032 P969 135
7 oi 22 R 111.04 D 0.oo N 0.00 GRRFIELD CLERK
12. lYeier Rights. The Association shallown an undivided 19.lYo ownership interest
in and to the follordng water and water righs:
Stnrcture
Moore Ditch
Moore Ditch
(lst Enlarge) '
Source
Garfield Creek
Garfield Creek
Amt. Approp. Priority
(CFS) Date Ne.
.20 6n5nE82 3
t.287 6/01/1883 14
Court
Case
89
1405
Said undivided interest represents 32.52 acre feet of consumptive use under the augmentation
plan decreed in Case No. W3262.
Animals.
l3.l Except as expressly limited herein, domestic animals shall be permitted
subject to any rules and regulations which may be promulgated by the Association.
13.2 Lot Owners shall be entitled to keep dogs on their property pursuant to the
following restrictions and limitations :
13.2.1 No more than'one dog shall be keptby any lot Omer at any time
on any one (l) tot Puppies.rmder the age of (3) months of age, shall not coustitute
adog as used herein.
13.22 Dogs shall be kept underthe control oftheir Owners at all times
- ed shall not be p€rmitted to run free or to cause a nuisahce in the Subdivision. No
dogs shall be allowed beyond the boundaries of the Lot owned by the person(s)
rvhere thedogishousedunlessleashedandaccompaniedbyaperson in full control
ofsuch dog.
13.2.3 Dogs shall not be allowed to bark continuously, which sfrat Ue
defined as barking for a continuous fifteen (15) minute period.
13.2.4 When oot accompanied by a person as provided in l3.2.Z.above
ail dogs shall be leashed, chained, "electric fenced,"'or kenneled. The location of
kennels shall be zubject to review of the ACC.
13.2.5 All dogs shall be kept reasonably cleaq and all Lots shall be free
ofrefuse and animal waste.
D*loation of Prdqtive Covenants
Tle Raptds on tluColorado Eubdivbion Page 7 of2l
13.
Exhlbit A2PegPg
Deloalion of Protutive Cwenants
TIE Rapids on the Colorado Subdivision
llilll lllll lllllililililillll1 ilmr ilr ilffi[ilm
s13356 09/09/1997 lOz38R 81032 P970 135
8 ol 22 R 111.00 D 0.04 il 0.00 GRRFIELD CLERP
Page 8 of 2l
13.2.6 The Association shall, pursuant to the the procedures set forth in
paragraPh 19.1, infra, a:isess and enforce penalties against Owners violating the
restictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first
violation committed by an Owner's dog; Two Hundred Dollars ($200.00) for the
second violation; Three Hundred Dollars ($300.00) for the third violation; and for
each succeeding violation the fine increases in One Hundred Dollar ($100.00)
increments. The dollar amounts of the fines may be changed by approval of the
Association's Board of Directors. Should any dog chase or molest deer, elk or any
domestic animals or pe$ons, or desEoy or disttrb property.of another, the
Association shall be authorized to prohibit the. property Owner or resident from
continuing to maintain the offending animal on his property and may dispose of that
animal, if necessary, to protect wildlife or other Owuers, persons or property. The
offending dog ownershall be provided written notice of such action at least two (2)
days before disposal occurs. Within such two (2) day period, the offending dog shall
be kermeled at a licensed kerurel. All charges associated with action taken by the
Association may be assessed against either the Lot Owner and/or'the dog owner, or. both, at the Association's sole option.
13.3 Except as provided in Paragraph 13.5 infra, no farm or ranch animats shall
be allowed within the Subdivision nor shall any commercial animal breeding, kennels,
stables orveterinary activities of any kind be allowed within any residence or upon any Lot
within the Subdivision.
13.4 The Association may, for the exclusive use and benefit of the Owners,
constnrct operate and maintain on that area designated on the plat as Common Open Space,
@questrian Area), all facilities, stnrchres and operations reasonably required for the
pa.shring, stabling and other care of horses.
13.5 The stabling and/or pasturing of horses within the Common Open Space
EquesfrianAreaby Owners shall be expressly zubject to such rules and regulations as may
be promulgated by the Association.
13.6 Notwithstanding the forcgoing, no animal may be kept within a Lot or
residence which" in the good-faithjudgment of the Association's Board of Directors, results
in any annoyanc€ or is obnoxious toiesidents in the vicinity or to Lot Owners within the
Subdivision.
Exhibit 2il Page 10
illltil ilil illllililr llil Ll]llllll lll llill lllllllr
513356 O9l0gtl997 10:38e 81032 P97t 135
9 ol 22 R 111 .OO D O.00 tl O.OO G0RFIELD CLERK
Maintenance of Property.
14. I The Owner of each Lot shall keep the same clear and free of rubbish and trash
. and shall keep the structures thereon in good repair, doing such maintenanoe as may be
rcquired for this purpose.
' 14.2 No noxious or offensive conduct or activity shall be canied on upon any Lot
or in.any stucture thereon which may constitute a health hazard, nuisance or annoyance to
the neighborhood.
14.3 Clothes lines, equipmen! propane tanks, garbage cans, service yards,
woodpiles or storage areas shall be adequately screened by planting or constnrction
concealing the same from view of neighboring Lots and sheets: .
14.4 The outside burning of any trash, rubbish, or other materials shalt be
absolutely prohibited. Standard and approved outdoor barbecues and fircplaces shall be
allowed for the preparation of foodshrffs only.
14.5 eil Lots within the Subdivision shall be subject to inclusion in any corurty
improvement districts established in the New Castle/Silt vicinity and/or a metropolitan
sanitation distict Inclusion shall be according to the regulations of such district and
applicable
ltahrtes,
if and wtren created.
15. Vehicles.
l5.l All motor vehicles must be currently licensed and operational.
15.2 No business vehicles shall be permitted which do not completely enclosc
within the vehicle all rnachinery, equipment and othet evidence of the tade craft or business' other than the signs affixed to ttre vehicles advertising the same. No constnrction vehicles
. shall be parked on any Lot or sheet except during consbuction activity.
16. Signs. No billboads, sigfrs or other advertising devices of any nature shall 'be
erected, placod, maintained or permitte4 provided that thi's restriction shall not be constnred to
prevent appropriate name and address sigrrs and signs that advertise property for sale or rent insofar
as it is n€q€ssary to promote the sale and development of such properties. Approved numbers and
addresses shall bb placed on all new stmctures or in such a position as to be plainly visible and
legible from the steet funting any Lot.
17: Adoption of Budget. Within thirty (30) days after the adoption of any proposed
budget by the Association, the Association shall mail, by ordinary first-class mail, or otherwise
deliver asummary of the budget to all the unit owners and shall set a date for a meeting of the Lot
Deluation of Protelive Covenants
TIp Rqids on the Colorado Subdivision Page 9 of 2l
14.
E 6lbit frLPqe 71
tIIlffiililt l]Illilllllilil llllilmililill iltil513356 O9/o9t1997 10:38e 81032 pg7z 135
10 of 22 R lll.00 D 0.00 N 0.00 GRRFIELD CLERK
Owners to consider ratification of the budget not less than fourteen nor more than iixty days after
. mailing or other delivery of the summary. Unless at that meeting a majorit-v of all Lot Owners or
any larger percentage specified in the declaration reject the budget, the budg;t is ratified, whether
or not a quonrm is prcsent ln the event that the proposed budget is rcjected" '.te periodic budget last
ratified by the Lot Owners must be continued until zuch time as Lot Owners ratify a subsequent
budget proposed by the executive board.
18. Collection of Assessments: Enforcement.
l8.l Assessmcn&. All Lot Owners shalt be obligated to pay any assessments
laufirlly imposed by the Board of Directors of the Association. To the extent the Association' is responsible therefor, assessments shall be based upon the budget adopted pursrant to
Paragraph 19 herein and may be laurfirlly imposed for any items of common expense which
. may include, among otherthings, the provision of waterto the Lots, which shall be rhetered;
expenses and costs of maintaining, repairing and plowing of roads within and accessing the
SuMivisioru ereenses for maintaining, improving and preserving the Association's comraon
property; expcnses of the ACC; and insurance, accounting and legal functions of the
Association. The Board of Directors may establish contingency and reserve fimds.for the
maintenance and improvement of the Association's common property and any other
anticipated costs and expenses of the Association to be incurred in pursuit of its purposes.
Contingency and reserve funds shall be in such an amount.as the Board of Directors may
deem necessary and appropriate for the aforcsaid purposes. Each Ovmer shall be required
to pay his pro rata portion of these funds. As used hercin, an Owner's pro rataportion of
. cornmon expenses shall mean a fraction formed by the number of Lots purchased and held
by theLot Owner (numerator) and the number of Lots in the Subdidsion (denominator).
The Board of Directors Shall have the right during any calendar year to .lery and assess
against all of the Owners special assessments for such purpose or.purposes, in accordance
with this Declaratiorq the Articles or Bylaws of the Association, as may be necessary. Any
such special assessment shall be paid.by the Owners obligated to pay such assessmerrt and' shall be due and payable as determined by the Board of Directors.
I 8. I . t Addition of Units In the event units are added to the Subdivision
purstrant to section 33.2 infr4 the denominator of the fraction above referenced shall' be increased in accordance with the number of units added to the SuMivision.
I 8. I .2 Withdrewal of Units In the event units are withdrawn from the
subdivision pursuant to section 33.4'infra, converted to open space pursuant to
section 33.5 infr4 or acQuired through eminent domairu the denominator of the
fraction above referenced shall be decreased in accordance with the number of units
withdrawn, converted or acquired
Du laratlon of P rotective Catenanls
Tle Rapids on the Colorado Subdivision Page l0 of 2l
Erhibit fr2Page 12
ilI1il lllll llllll llllll ill lllll llllll lll llllll lll llll
513356 Ogthsltgg? 10:38e 81032 P973 135
11 of 22 R 111 .@ D O.0O t{ 0.00 GRRFIELD CLERK
. 18.2 Lienfor Nonpayment ofAssessmentr. All sums assesserl by the Association,
including without limitation, the share of common expense assessments chargeable to any
Lot Owner, any fines, charges,late charges, penalties, attomey fees, anr! interest which may
be levied on a [,ot Owner, and unpaid utility fees and assessments charyed to a Lot Owuer,
shall be the personal obligati6n of the Lot Owner at the time such assessment or charge
becomes due. Said personal obligation may not be passed to a successor in title, unless the
obligation isexpressly assumed by the successor. All sums shall also constitute a continuing
lien against such Lot superior Grio$ to all other liens and encumbrances, excepting only:
18.2.1 Liens.for rcal estate taxes and other assessments against the Lots
in favor of any governmental assessing unit.
18.2.2 All sums unpaid on a first mortgage, deed of tnrst or other
encumbrance of record, including any unpaid obligatory sums as may be provided
by encumbrance, orceptthe lien shall have limited priority over zuch first mortgage,
deed of tnrst or other encumbrance as provided by the Act.
18.2.3 Liens and encumbrances recorded before the recordation of the
Declaration" except as otherwise provided herein or by the Act.
If an assessment is payable in installments, each installment shall also constitute a continuing
lien from tlre date it becomes due.
18.3 Waivq of Homestead Exemption Each Owner hercby agrees that the
Associationls lie,n on a Lot for assessments as hereinabove describd shall be superior to the
Homqstead Exemption provided by C.R.S. $3841-201 , et. seq.; and each Owner hercby
agrees that the acceptance of the deed or other instrument of conveyance in regard to any [.ot
wittlin the Subdivision shall signify such grantee's uraiver of the homestead righi granted in
said article ofthe Colorado statutes.
18.4 Penoltics: Notice of Lien. If any assessment shall remain unpaid after thirty
(30) days after.the due date thereof, suoh.nnpaid sums shall bear interest from and after the
due darc thereof at the rate established by the Board, not to exceed twenty one percent Ql%)
per annum. The Board may impose a late charge on such defaulting O,umer as may be
established by the Board. In addition, the Board shall be entitled to collect rcasonable
attorneys' fees incurred in connection with any demandb for payment and/or collection of
delinquent assessments; the initiation or filing by the Board, of a civil action shall not be a
condition for the reff)very of attorney fees pursuant to this provision To evidence zuch lien,
the Board shall prepare a unittetr notice setting forth the amount of such upaid indebtedrrcss,
the name of the Ov,mer of the Lot and its legal description. Such a notice shall be signed by
one (l) member of the Board and may be recorded in the Office of the Clerk and Recorder
ofthe County of Garfield, Colorado.
Mlaration of Protective Cwenants
.|he Rapids on tle Colorado Subdivision Poge I I of2l
E filbit Zl Page 13
Ll.tlt[l|Il ullullllllil lllil illllt ilt illllt ilt lllts13356 oglost tssr t0 : 3Efi siostF-Eii-iit'
12 ol 22 R 111.00 D 0.00 N 0.00 GRRFIELD CLERK
18.5 Foreclosure: Releose of Lien. Such lien may be enforced by foreclosure of
the defaulting Owner's Lot by the Association in like manner as a mortgage on real propery,
upon the recording of a notice of claim thereof, [n any such foreclosure, the Owner shall be
required to Pay the costs and expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien and all reasonable attomeys' fees. The Owner shall also be
required to pay to the Association any additional assessments against the Lot during the
period of foreclosure, and the Association shall be entitled to the appointment of a receiver
to collect the same. The Board of Directors, for the Association, shall have.the pourcr to bid
on the Lot at forcclosure sale and acquire and hold,lease, mortgage and convey the same.' The Association, at its election, and in addition to any other remedies it may have at law or
in equity, may also sue an Owner personally to collect any monies owed the Association.
Any recorded lien for nonpayment of the common expenses may be released by recording
a release of lien executed by a member of the Board of Directors.
' 19. Adoption of Budget Within thirty days after adoption of any proposed budget for
the Association the Board shall mail, by ordinqry first-class mail, or otherwise deliver a sununary
of the budget to all Ouners and shall set a date for a meeting <if the Owners to consider ratification
of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the
summary. Unless at that meeting a majority of all Oumers reject the budge! the bqdget is ratified,
whether or not a quonrm is present. In the event that the proposed budget is rejected, the periodic
budget last ratified by the Owners must be contintred until such time as the Owners ratitify a
subsequent budget proposed by the Board.
. 20. Enforcement of Covenants and Restrictions.
2O.l Right of Action, The Association, acting by and through its Board of
Directors, shall have the right to prosecute any action to enforce the provisions of all of these
Covenants by injunctive relie{, on behalf of itself and all or part of the Owners of the lands' within the Subdivision. In addition, each Owner of land within the SuMivision" including
the Association, shall have the right to prosecute any action for ir{unctive relief and for
damages by rcason of any violation of these Covenants. The prevailing party in any
enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees
the Act or the bylaws, rules and regulations of the Association and the Owner's f for each
claim asserted in said action. Upon providing thirty (30). days' written notice and the
opportunity to be heard thereon to any Owner of a'violation of these Covenants, ailure to
eliminate or cure said violation, the Associatioru in addition to the other rcmedies set forth
hereuU may levy a penalty of Fiffy Dollars ($50.00) per day for every day the violation exists
or continues after the expiration of said thirty (30) day period.
20.2 Limitations on Actions. In the event any constnrction or alteration or
landscaping work is comrnenced uBon any of the lands in the Subdivision in violation of
Declaration of Protective Covenants
Tln Rapids on the Colordo Subdivision Page 12 of2l
E!&ibit XLPage 14
illill lllll lllll llllll llll lllll llllll lll lllll lll llll
513356 oglogllgg7 10:38e 81032 P975 135
13 of 22 R tll.oO D 0.00 N 0.OO G0RFIELD C!-ERK
these Covenants,'and no action is commenced within one (l) year thereafter to restrain such
violation, then i4iunctive or bquitable rclief shall be denied, but an action for damages shall
still be available to any party aggrieved. This one (l) year limitation shall not apply to
injunctive or equitable relief against other violations of these Covenants.
21. Easements and Open Space.
2l.l EosemenV Shown on Final Ptot. \\eAssociation is entitled to use zuch
easernents as are reflected on the Final PIat for the SuMivisioru addendums thereto and that
are.conveyed to it by deed. Except by agrcement with an Owner, the Association shall have
no obligation to pay any amount for the use and enjoyment of such easements. The
Association shall pay for the cost of maintaining and repairing any improvements which it
places on any easements.
. 21.2 Vell Easemena. The Association is entitled to certain water righs for the
constnrction of wells within the Subdivision as is reflected in Case No. W-3262 in the
Distict Court in and for Water Division No 5 and Paragraph 12 of these Covenants. The
Association is granted in conjunction with its use of these water rights easements for the
constnrction, operation, maintenance, rcpair and replacement of wells, water lines, water
storage tanks and other facilities as said easements are depicted and or set forttr within the
Final Plat, the Subdivision Improvements Agreemen! and the Deed of easement conveyed
to the Association by the Rapids on the Colorado River, LLC filed for public record in the
Office of the Clerk and Recorder of Garfield County at Book , Page
-
and Reception
No.
-
The easements rights set forth in this pamgraph shall be zubject to the terms
and conditions contained within the Memorandum of Agreement executed by the
Association and Gene R Hilton and filed for public record in the Office of the Clerk and
Recorder of Garfield County, Colorado at Book
-,
Page
-
and Reception No.
21.3 EasemcnoforAeas and Repairc. The Association strall be entitled to an
easement across each Lot within the SuMivision for the purposes of accessing and protecting
any of ttre Association's property and for necessary repairs and emergency circumstanccs.
The Association may aooess all Lots within the Subdivision at reasonable times to determine
compliance with the conditions of approvals of the Subdivision granted by the Garfield
Cormty Commissioners and to determine and enforce compliance with dll of the provisions
ofthese Covenants
21.4 Eisemcnts. Easements and rights-of-way in perpenri$ are hereby reserved
for the erection, constructiorl maintenance and operation of wires, cables, pipes, conduits,
apparatus forthe tansmission of electical curren! telephone, television and radio lines, and
for the furnishing of water, gas and sewer service or for the furnishing of other utilities and
irrigation ditches and laterals, wells andall associated stnrchres, together with the right to
Dacloation of Protutive Covendnts
TrE Rapids on the Colorado Subdivision Page li of2l
E rltiblt A2PcryB 15
Llllilt ilil ililililIil ilil tilt lililt ilt llilt iltffit513356 A9/O9/t997 lo:3Efi 81032 p9T6 t3S. l4 oe 22 R ltl.O0 D 0.00 t{ 0.00 GRRFIELD cLERt(
. enter for'he pupose of installing, maintaining, repairing, replacing and improving the same
along, acioss, upon and through a stip of land twenty (2Q) feet in width along all interior Lot
lines of all Lots and twenty (20) feet in width along all outside boundary lines of the
Subdivis:on.
22. Roedways. All roadways in the Subdivision shall be dedicated to the public. Such
roadways shall be subject to an easement and right-of-way for ingress and egress for the installation
and maintqrance of utilities as provided in paragraph 20.4 above. The costs of maintenance, rcpair,
and snow removal shall be fundd by fees collected as assessments by the Association as provided
in the Bylaws.
23. Domestic \ilater.
23.1 The domestic water supply shall be from a central water system ('Water
System'), ofwhichthe Association shall be an owner. The Association shall be responsible
for the operation, maintenance and use ofthe Water System for the benefit of the Lot Owners
and shall be rcsponsible for the setting of all rates and/or charges for the provision through
the Water System of domestic water serrrice thereto. The operatiorl maintenance and use of
the Water System by the Association shall be subject to the terms and conditions of the
Memorairdum ofAgreement executed by the Association and Gene R. Hilton filed for public
record in the Office of the Clerk and Recorder of Garfield County at Book , Page _ andReceptionNo.-
23.2 Water provided by the Association through the Water System shall be for
domeqtic in-house use only and the irrigation of grass, shnrbs, trees or other foliage on each
LotaspermittedbytheAssociationandlimitedherein Lawnandgardeninigationfromttre
domestic rrater grstem shall be limited per lot to no more than ten thousand (10,000) squarc
feet. All water use shall be metered by water meters approved by the Association and
consistent with the terms and conditions of the augmentation plan decreed in Case No. W-' 3262,ofwhichthe Association will have the power and duty to eirforce. Agreements and/or
additional Rules and Regulations concerning the use and operation of the water system may
be executed, proposed and adopted by the Association to allow for the efficient use and. operation of such system.
24. Additional Welts. No individual Lot Owne($ shall be entitled to or allowed ro drill
a well(s) on his/her LotG). The Association herein waives its rights to object to the Declarant
placing a well within six hundred (600) feet of the well(s) conveyed to the Association or any
replacement supplemental or additional well drilled or constructed by the Association.
25. Lighting. All qrterior tighting (with possible exceptions for tighting necessary for
safety) shall be <iirected inward, toward to the interior of the subdivision. Idwill be recominended
by the ACC that all Lot Owners make every effort possible to limit the use of exterior lighting at
Declaration of Protective Cwenarus
lu Rapids on the Colorado Subdivision Page ll ol2l
Bfiibit 2lil Page {6
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15 of 22 R 1l1.oO D 0.O0 N 0.00 GRRFIELD CN-ERK
nigtrt ana the ACC shall encourage Owners to build in such a fashion that minimizes light sources
directly visible from outside of the Owner's property. The intent behind these considerations is to
preserve the rural ch.rracier of the Subdivision by limiting exterior lighting as much as possible while
maintaining a safe ;rnosphere
26.ACC.
. 26.1 No impoverrents ofany kind, including, but not limited to, dwelling houseq
ISDS locatiorq garages, fences, swimming pools, tennis courts, parking araas, drives,
antennas, flagpoles, walks and every other type of impnovement, shall be constnrcted or
altered on any lands within the SuMivision, including the common areas, nor may any
vegetation be altered or destroyed, nor any landscaping performed on any tract unless tluee
(3) complete sets of architectural plans and specifications for such construction, alteration
orlandscaping arcsubmittedto the ACC andapproved inwriting prior to thecommencement
qf zuch work. All deciiions of the ACC shall be in writing. Ore (l) set of such plans and
specifications shall rernain on file and become a permanent record of the ACC. If the ACC
fails to take any action within thirty (30) days after complete architectural plans and
specifications for such work have been submitted to it, then all of such architectural plans' shall be deemed to be approved; provided, however, that no uses may be authorized or
deemed approved tmless adequate water resouroes are available to sustain such use.
26.?. The ACC shall orercise its best judgment to see that all improvements,
constnrction, landscaping and alterations on the land within the Subdivision conform to and
harmonize with the natirral zurrcundings and with existing stnrctures as to external desigrr"
materialq color, seffing, heighg topography, grade and finished ground elevation. The ACC' shatt protect the seclusion of each homesite from other home sites as much as possible and
may.prohibit the use of shake shingle roofs within the Subdivisioru and the ACC shall have
the power to prohibit use of the sarne.
' 26.3 Architectural plans and specifications zubmitted under paragraph 26.1 zupra,
$rall show the nafire, kind, shape, heighg materialq floor plan, building elevations, location,
ISDS location, orterior color scheme, alterations, gnding and all other matters necessary for
the ACC to properly consider and make a detemrination thereon. The applicant shall atso
submit a plan showing any proposed landscaping or revegetation required to restore
disturbed af,eas, together with a schedule forthe completion of such work. The ACC may
disapprorre aoy architectural plans zubmitted to it which are not srfficient for it to exercise
the judgment required of it by these Covenants or may require applicant to supply such
additional materials as may be required for the ACC to perforrr this task. In the even!
' additional materials are provided by the applicant to the ACC, the ACC strall have thirty (30)
days from the date of receip of said additional materials to conduct the'review required
herein.
of Prot*liwCwenants
IIE Rairids on tle Colorado Subdivision Page 15 of2l
Exhlbit 22Page'17
Declsalion of Proteatve Cwenan8
The Rapids on the Colorado Subdivision
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513356 09/09/1997 10:38fi 81032 P97E 135
16 of 22 R 111.00 D 0.@ N 0.00 GRRFIELD CLERK
Poge 16 ol2l
26.4 The ACC may gftmt a reasonable variance or adjustment of these conditions
and restictions in order to overcome practical difficulties and prcvent unnecessaqr hardships
arising by reason of the application of the restrictions contained herein. Such variances or
adjustnents shall be granted only in case the granting thereof shall not be materially
detimental or injtuious to otherproperty or improvements of the neighborhood and shall not
defeat the general intent and prrpose of these Covenants.
26.5 The ACC shall not be liable in damages to any person or assilciation
submitting any architectural plans for approval or to any Owner by reason of any action,
failure to act approval, disapproval, or failurc to approve or disapprove with regard to such
architectural plans.
26.6 The initial members of the ACC shatl be:
Gene R Hilton
xH*#I*
The initial address for official correspondence with the ACC shatl be 2102
lV. Arapatroe Dr., Littleton, CO 80120.
A majority of the ACC may designate a representative to act for it. Should
a member resigp or become unable to act, the other members shall appoint a successor.
27. Insurence.
27.1 Not later than the time of the first conveyance of a Lot to an Owner other
ttran the Declarant the Association shall, in conformance with the provisions set forth Colo.
Rev. Stat. $ 38-33.3-313(t)(a) and (b) (West Supp. 1995) to the extent reasonably available,' obtain and keep in fuU force and effect the following insurance covenge:
27.1.1 Property Insurance - Property insurance in an amount not less
than the full insurabte replacement cost, less applicable deductibles, on all cornmon
elements and on all property that must become conrmon elements.
. 27.1.2 CommercialGeneralliabilitylnsurance -C.ommercialgeneral
liability insrance, in an amount deemed sufficient by the Board, covering the Board,
the Association and their respective employees and agenB against claims and
liabilities arising in corurection with the ownership, existence, use, or management
of the coinmon elements. The Declarant shall be included under this policy as an
additional insured.
Exhibit AZPtryI 1S
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513356 O9/O9t1997 10:38e 81032 P979 135
1? 6f 22 R ILI.OO D O.OO N O.@ GRRFIELO CLERK
27.1.3 Fidelity Insurance - To the extent reasonably feasible, fidelity
insurance insuring all persons charged with handling Association funds in an amount
of no less than two months assessments, calculated from the current budget.
26.1.4 Any additional coverage required by the Act or other laws.
28. Covenanb Run With Land. These Covenants are to run with the lqnd and shall be
binding upon all parties and all persons claiming under them until the year 2016, at which time said
Covenants shall be automatically extended for zuccessive periods of ten (10) years unless, by vote
reflected by signed documents duly rccorded by sixty-seven percent (67y") of the then Owners,
based upon one vote for each lot owned, it is agreed to change said Covenants in whole or in part.
29. Termination of Covenants. These Covenants may be laufirlly terminated pnrsuant
to any applicable.laws of the State of Colorado and Garfield County, Colorado, and the provisions
herein contained.
30. Amendment of Declaretion. Except for the right of the Declarant to amend this
Declaration or sections which give the Declarant rights, as specified herein or by law, this
Declaration may be amended by a vote of sixty-seven percent (67yr) of the votes entitled to be cast
by the members ofthe Association, said vote to be cast at a meeting of the members duly held. Arry
amendment shall become effective upon recordation, provided a properly certifid copy of the
resolution of amendment is placed on record in Garfietd County, Colorado, no more than six (6)
months after said meeting.
31. Notice to Unit Owners. Written notice of matters affecting the Subdivision,
Association md/or planned cornmunity slnll be sent to all unit Owners by delivering srrch by regular
first-class mail to the addresses of zuch.Owners. All Owners shall register with the Association an
addless fordelirrery of such notice and shall timely notiry the Association of any change of address.
' 32. Limited Liabitity. The Association and the Board shall not be liable to any party
for any action or for any frilure to act with rcspect to any matter if the action taken or failure to act
was in good faith without malice. The Association agrees to indemni& the Board against loss
rezulting from such action or failure to act if the Board acted or failed to act in good faith and
without malice.
33. Development Rights and Special Declaraut Rights. All development rights set
forth in this section are applicable betvyeen the Declarant, its successors and assigns, and any Lot
Owner and apply to the real estate contained within the Property and such other real estate as may
be added thereto pursuant to the provisions set forth herein. Nothing herein shall discharge the
Declarant or others exercising development rights tp obtain any requircd approvals from the
appropriate governmental entities and comply with any and all resolutions, ordinances, statutes'and
law relating to the exercise of such development rights. If these development rights are exercised
Daclaation of Protet ive Ca'enan*
XTE Rqids on tle Colorado Subdivision Page 17 of 2l
E 6iblt AlPage 19
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513356 09/A9/1997 l0:38fi 81032 P980 135
18 of 22 R 111.00 D 0.00 N 0.00 GRRFIELD CLERI
in any portion of the Property,the Declarant is not precluded from exercising development rights
in any portion of the rcmainder of tlie properly at a later date. No statement is made as to the order
in which portions of the Property are added or subject to the exercise of development rights. The
Declarant hereby reserves unto itself, its agents, employees, qontractees and assigns, the following
development rights and other special Declarant rights for exercise within hventy-five (25) years of
the date of this Declaration:
33.1 Right to Add Property. T'beright to add real estate and water rights to the
Property and the Association. Said additional real estate may include that real property set
forttr and described on Exhibit B attached herewith and incorporated hercin by this reference.
Said additional water rights may include any portion of those water rights set forth in
Paragraph 12 supra The Declarant further reserves the right to connect such additional
property to utilities, Water System and to divert and otherwise apply to beneficial use said
additional water rights therein, and to use existing roads and easements, for any and all
purposes set forth in the Final Plat and these Covenants. Such additional real estate water
rights shall be subject to these Covenants as established by a duly-recorded amendment
hereto.
33.2 Right to Create tlnits/Lots and Common Areas. The right to create, add,
resuMivide and constnrct additionat units, lots and corlmon and limited ***on elements
. within the Property. Said right shall be subject to the condition that the exercise of the same
does not impinge or diminish the services provided for the lots depicted on the Plat. The
total number ofunits that may be created pursuant to the provisions hereof shall not exceed
50 units.
33.3 Right to Amend Declaration and Plat. The right to amend or strpplement the
Declaration and plat in connection with the exercise of its development rights. Such
amendments shall conform to the requirements of the statutes and this Declaration
33.4 Right to Withdraw Property. The right to withdraw real estate from the
. Prop€rty. The property zubject to this right of withdrawal shall include the Property and the
water rights set forth in paragraph 12 supra
33.5 Rigfu a Convert and Subdivide. The right to furttrer subdivide trnits and/or
[,ots or convert units and/or Lots into comrnon areas. Said right shall be subject to the
condition that the exercise gf the same shall not impinge upon or diminish the services
provided for the Lots depicted on the Plat. The real estate subject tci this right shall include
the Property.
33.6 Right to Comptete Improvements. The right to complete those improvemants
indicated on the Plat and contained within the SuMivision Improvements Agreement for the
Subdivision which are not complete as of the date of these Covenants.
Decloation of Prolective Covenank
The Rapids on the Colorado Eubdivbion Page l8 o/21
ExhlHt 22Page21)
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. 33.7 Activities of Declarant. The rig[rt to conduct certain activities which,
notrrithstanding any provisioncontained in these Covenants to the contrary, shall include the
right to maintain a sales office, management offrce and other such facilities as in the sole
opinion of the Declarant may be reasonably required, convenient or necessaq/ for the
constmction, sale and man4gement of any units or Lots. Such facilities may include without
limitationabusiness office, storage area, constuctionyards, signs, model units, sales offices,
consEmction office, parking areas and lighting and temporary parking stnrctures for all
prospective purchasers of Lots or units.
' 33.8 Easemcne. The right to trse dl easements shown or described on the Plat or
otherwise conveyed to the Association and to use such easements as in Declarant's discretiori
may be necc$ary to the exercise of those rights described in this section. Furthermore,
Declarant hercby reseryes the right of ingress and egress in and through all Lots during the
pedod of constnrction and sale of any Lots or Units for the purpose of any necessary,
required or requested constnrction, maintenance, refurbishment or repair of said Lots or
Units or any part thereof.
33.9 Rights Concerning Control of Association. The right to make the
Association subject to a master association, or to merge or consolidatethe Association with
dnother association of a similar naturc or same form or ownership, whether such merger be
into and witli an existing Association or a subsequently formed-Homeowners Association.
33.10 EasemenY and lAafer Righ[. The rigbt to use excess capacity of the water
systern, water rights, augmentation plan, wells, ponds, spring and dl pumps, pipelines,
ditches, tanks, measuring devices, meters or other facilities associated therewittu including
any facilities necessary for the exercise of any existing or subsequently decreed water rights
or augmentation plan together with easements associated therewith for the constnrction,
erection, maintenance, operation, use, expansioq repair and replacement of the waterrights' and/or facilities, and to add to such water system or water rights, to amend or change any
nrater court decree, to strbstitute the augmentation water source or a[rount.as decreed in Case
No. 3262 (Water Division No. 5), or any right as may, be subsequently decreed by
appropriarc action in the water court or with the State Engineer's Offrce.
33.1 I Use AgreemcnS. The right to enter into, executg amend and otherwise deal
with contracts.and agreements for the use, lease, repair, maintenance or regulation of
facilities.
33.12 Right by Statate or Rqcorded Documcnt. Any other rights as allowed by
statute or ar may be reserved by documents on record with the Garfield County Clerk and
Recorder.
D*bral i on of P rot* t ive Covetunts
Tlrc Rapids on the Coltdo Subdivision Pagzlgrt2l__
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34. Construction wilhin the Flood Fringe. Construction is allowed within the Flood
Fringe area as the same is depicted on the Garfield County Plan's Managemeni Districts Map ( I 98 I ;
1984) in accordance with the following conditions:
' 34.1 The lowest floor, including basement, of any new building designed for
residential occupancy shall not be less than one (l) foot above the maximum water elevation
of the 100-year flood as determined by the Garfield County Flood Insurance Study.
34.2 On-site individual sewage disposal systems shall be located so as to avoid
impairment or contamination during a 100-year flood event
34.3 Prior to the issuance of a Building Permit, each Lot Owner strall prepare and
submitto theGarfield County Department of Building and Planning a soils and foundation
feporq an ISDS Qndividual Sewage Disposal System) design, and a grading and drainage
plan prepared and certified by a professional engineer. All improvements shall be
constructed in accordance with such measures, which shall be a condition of the building
permit.
34.4 Prior to the issuance of a Certificate of Occupancy, each Lot Orrner shall
furnish the Garfield County Department of Building and Planniag as-built elevation
certificates issued by a professional engineer demonstrating that all constmction meets the
provisions of Section 6.09 of the Garfield County 7-orungResolution of 1978, as amended.
' 35. I)eclarant Control. The period of Declarant conhol of the'Association shall
terminate sixty (60) days after oonyeyance to Oumers other than the Declarant of seventy-five
percent QSYI) ofthe Lots or units that may be created as set forth in paragraph 33.2, two years after
the last conveyanoe of a unit by the declarant in the ordinary course of business, or two years after
any right to add new units was last exercised. Not later than sixty.(60) days after conveyance to
Ownets dther than the Declarant of twenty-five percent QSW of the uaits or Lots that may be
created as set forth in paragraph 33.2 zuprq at least one (1) member and not less than twenty-five
percent QSyr) of the members of the executive board must be elected by unit or [,ot Owners other
than the Declarant. Not later than sixty (60) days after conveyance to Owners other than the
Declarant of fifty pqrcent (S0%d.ofthe units or Lots that may be created as set forth in paragraph 30
herein, not less than thirty-three and one-third percent (33VIVQ of the members of the executive
boad mustbe electedby unit Owners other than the Declarant
36. Future Dwelopment. All pemons purchasing Lots in the Subdivision or purchasing
property as described on Exhibit A shall take ownership subject to the development rights of the
Declarant as herein set forth and, as such, agree to not object to exercise of the development rights
described in paragraph 3l herein.
Decloation of Prot*tive Covenants
The Rapids on the Colorado Suhdivision Poge 20 of2l
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37. Recording Data. The recording data for recorded easements and licenses
appurtenant to the SuMivision and a description of the sarne is as follorvs:
37. Rights TraEsferable. Any special Declarant right or additional right created or
reserved under this Declaration for the benefit of Declarant may be transferred to any person by an
instrument describing the rights transferred and recorded in every county in which any portion of
the project is located. Such instrument shall be executed by the hansferor Declarant and the
transferee.
38 Seyerability. The invalidation of any one of these Covenants by judgment or court
order shall not affect any of the other provisions which shall remain in full force and effect.
Dated thts Sztt dry of *rAtad-,1997.
ATTEST:
STATEOF COLORADO
COI,'NTY OF GARFIELD
Gene R {flgrt of ttre Rapids Development Corporation and Marj'J. Hilton, Secretary of
)
)
)
the
My U0nlru,t J,
Address:
Declaralion of Protective Copenants
|he Rapids on tle Colorado Subdivision Page 2l of2l
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513356 Ogl0gllggl lOt38R 81032 P98{ 135
22 ol 22 R llt.00 D 0.00 N 0.00 GARFIELD CLERX
EXHIBIT A .
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266.82 fect t,qa S I 12' l r' E 4&.El fect to Urc scst thc of
tho *ontwr fudvisiut Erarytin llo.- l; ttpaco olo,n soid ;Gt &-od ffifia tln ccnte ol hH C*e Riun S q'fi'ff E 1f,.&fat to lho -rfrN futn { tttot prcet crc*ribd h fuk 527 otPogc 71,J1 os RrcceCfrn SIa,. Zt).*ll; theaa e@ th htnery of *Ntdl S 77 22' tt J J:?C.61 filrt; thqtco S g-Q, tf, E JiO.gZ tat
to -o. fi! q_ t?.c ry!.q.-M!A-!lq_of @unty Rd-tb- IIt thqlrr- obnssotd Pr?ht-Of-toy S 79 02' -lf 3 272.81 fcot ittl'rtco S 7t' $' 27 V27J76- fcet; thcrico S g tJ' Al J 2&1.71 fcat; thclt:rr S 6a Or' Zf J296.t1 lcet; thqco dogorting nid light-Of-nby S C t( tf E EAI.Z6 fcot too frt a tn futtl, 0n ol d Sar{b1 a; Uicrcc S d9 20' I t lfip.gEfoet; to tltc rcNf OF trGlltMlttG; soid dcscribed trcct contohtury 97.211 ocrcs,mon, q bt
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BOUNDARY LINE AFFIDAVIT
STATE OF COLORADO )
) ss.
COI.'NTY OF GARFIELD )
GENE R IIILTON ('Hilton"), individually; and as tenant in common with MARY JO
HILTON, and MARY JO HILTON (*MJ. Hilton"), as tenant in common with Gene Hilton state
as follows:
l. Hilton represents that he is the owner of certain rtal property containing
approximately 23 acres more or less and located in the unincorporated area of Garfield Coun$,
Colorado, which property is included within the property described in the Deed recorded in the
public records of the Office ofthe Clerk and Recorder, Garfield County, Colorado at Book 479 Page
423/l..
2. Hilton and tvlJ. Hilton represent that they are the owners in common of certain real
prcperty containing approximately 4l acres more or less and located in the unincorporated area of
Garfield County, Colorado, which property is included within the property described in the Deed
recorded in the public records of the Office of the Clerk and Recorder, Garfield County, Colorado
at Book 713 Page 613.
3. The above described parcels are contiguous.
4. Hilton and MJ Hilton have agreed to combine the above described parcels into a
single parcel of land to be held by them as tenants in common, and in furtherance thereof have
agreedto covey to each other pursuant to reciprocal quit claim deed, equal interests, as tenanB in
cornmon, in and to the land more particularly described in Exhibit A, attached hereto and
incorporated herein by this reference
5. Each party hereto is desircus of adjusting the boundary lines of its properties to reflect
the conveyance described in Paragraph 4 above, and are signing this Affidavit in accordance with
the Garfield County SuMivision Regulations of 1984 (l:6a).
6. The undersigned hereby represent thht no new lots will be created as a rcsult of the
conveyance described in Paragraph 4 above, that they are the sole parties impacted by this boundary
line adjustment, and that Garfield County will not be required to issue any buildingipermits, other
thanthosewhichitwouldberequiredtoissueintheabsenceofsaidconveyance.
7. The undersigned hercby represent that n6ne of the properties described herein are
part of a previously platted zubdivision of record.
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8. The undersigned furttrer represent.that the above referenced conveyance will not
oause loss of access by road or cut offutilities to any parcel of property involved and that notice of
the above described legal description was given to the Departnent of Development within thirty (30)
days ofthe conveyance described herein.
9. The undersigned hercby repfesent that a copy of this Affidavit will be recorded with
the Garfietd County Clerk and Recorder.
10. The boundary line adjustnent affidavit may be executed in multiple counterparts,
eachof which shall be deemed an original for all purposes.
Executed thrsgP day of *-zz4lgg7.
Gene R HiltorL individually and as tenant in
common with Mary Jo Hilton
STATEOF COLORADO )
COUNTY OF
seal.
) ss.
)
The foregoing instmment was acknowledged before me this fi-a* odlFfn{M.)' , 1997Jffii$S*HILTON, individually and as tenant in common with Mary Jo Hilton
My commission bxpires: ll -247
Boundary Linc Allidavit
Pagc 2
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513360 Ogl0gll997 10:554 81033 P3 011
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official seal.
My commission expires:ll- JJlTAddress:Wor*WWr
Boundary Linc A[Iidavii
Pagc 3
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513360 o9t09tl997 10:558 8t033 P4 OtlI of tl e 2l.OO D O.OO il 0.OO G0RFIELD CLERK
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Erhibit A
E lltibit frlpage Zg
Il|'?!ll[uf uullululllltl['ILlrll!il il] []
I or 3 R t6.oo o o.oo-i'0166-dnhFrer-o cLERK
QUITCLAIM DEED
Thisdeed,made ttns 9z d^V off -<1997, between GENER. HILTON andlvIARY
JO HILTON (Grutors) and, GENE R. HILTON and MARY JO HILTON (Grantees):
WITNESSffiI that the grantors for and in consideration of the sum of One Dollar and other
good and valuable consideration, the receipt and suffrciency of which is hereby acknowledged, have
remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell,
convey and quit claim unto their grantees, their successors and assigns forever. all right, title,
interest, cliim and demand which the Grantors have in and to the real property situate in Garfield
County, Starc of Colorado and more particulary described in Exhibit A attached hereto and
incorporated herein by this reference.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date first set forth
above.
GENE R. HILTON
2102W. Arapahoe Dr.
Littleton, CO 80120
2102W. Arapahoe Dr.
Littleton. CO 80120
,'t,/.rt:&" , ,ln'frr-.- /:
E fiiblt 2i2Page N
STATE OF COLORADO )
)ss
couNTY oF GARFTETD )
rlllill llllr llilllllllil llil lllil ]lllt ilt lll[illill]
513361 09/09/1997 lO:59R 81033 P6 319
2 oJ 3 R 16.00 D O.OO N 0.OO GRRFIELO CLERI(
The above and foregoing was acknowledged before me thisdbday of September, lgg7,
by Gene R. Hilton and Mary Jo Hilton.
commissionexpires: /l n li1
;ress: (1f, hlfr4rdLil;f-' t
Hturuwl&) ,fi
Quit Claim Deed
E:filbit Zl page 30
l[lT!! iq!ry!+ryH!Hr:!.$q:[! l!!!', :
g!,,
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"',
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ffid turl| onto*tirg X.8,:, ocnrl ,rut q *
Erhibit A
Erhiblt A2Perye91
LtlULlUt UU ililt ilil l]] illll lll llll llll llls1335s ost69/tss? t0:3TR 81032 pS6t-JiEI ot 2 R 11.OO D A.oO N O.Oo GRRFIELD CLERK
r] .l0,r-
QUITCLAIM DEED
This deed, made thrt-5-l day of -*azze4, 1gg7, between the RApIDS
DEVELOPMENT CORPORATION (Granior) and THE RAPIDS ON COLORADO
IIOMEOWNERS ASSOCIATION (Grantee):
WITNESSETH, that the grantor for and in consideration of the sum of One Dollar and other
good and valuable consideratioq the receipt and sufficiency of which is hereby acknowledged, has
remised, release4 sold, conveyed and quit claimed, and by these presents does remise, release, sell,
convey and quit claim unto grantee, its successors and assigns forever, all right title, interest, claim
and demand which the Grantor has in and to those parcels of land depicted and described as
"Common Open Space" onthe plat file for public record in the Office of the Clerk and Recorder of
Garfield County, Colorado as ReceptionNo.€1$553_ (Hereinafter collectively "Properties'),
subject to the following conditions and limitations:'
l. The Properties shall be used by the members ofthe Rapids on the Colorado Homeowners
Association exclusiriely, ,s open space and said use shall be subject to all the limitations and
conditions contained and set forth within the plat filed for public record in the Office of the Clerk
and Recorder of Garfield County, Colorado as Reception No..5l555l_ (Hereinafter "Final
Plat'), Garfield County Board of Commissioner Resolution No. 96-70 and the Protective Covenants
for the Rapids on the Colorado Subdivision, filed for public record in the Office of the Clerk and
Recorder of Garfield County, Colorado atBook@fi,Page fuf,Reception No,5J33,il.
2. All costs and expenses incident to the maintenance and upkeep of the Properties shall be
the exclusive responsibility of the Rapids on.the Colorado Homeowners Association.
' 3. The grant hercin is subject to all easements and rights of way of record or presently in
place witttin theProperties and/or depicted therein upon the Final Plat and subject to the rights of
the beneficiaries of such easements and rights of way to make use ttrereof.
It is the purpqse herein that the terms and conditions hereof shall extend to and be binding
upon the Properties and shall be a covenants nruring with the land.
Quit Claim Deed - Water Rights .Page I
". -1.r.,*6 arrt,1 i E> .r-y' , t , ;'Exhiblt ti2Paga32
I llllll lllll llllll llllll llll lltlll$l-Illlu llll llll
bidit0i7o57i5gr 10:3?e '81032 Ps62 3ls
2-;i-2 i rr.oo o o.oo t{ 0.00 GRRFIELD cLERI(
IN WITNESS WHEREOF, the Grantor has executed this deed on the date first set forth above.
GENE R. HILTON, Pres
2102 W. Arapatroe Dr.
Littleton CO 80120
STATEOFCOLORADO )
) ss.
couNTY oF GARFIELD )
of the Rapids
The foregoing was acknowledged before -. tt iqda* fu, 1997, by
GENE R. HILTON, Presj{Eqlgf the Rapids Development Corporation and'Mary J. Hilton, Secretary
WTtrNESS my
' My comnission expires ll; 341
Address:f,tt &lfiad4*e.
"UtrurWLgfr$-,e0
Page 2
ryw$
S;m;#
Quit Claim Deed - Vater Righu
E fitblt 22 Pags 33
ililil flilt illllil]t llillllil Llllt ilt ilililililt
513354 O9/O9/L997 l0:34f, 81032 P960 471
13 of 13 R 66.OO D 0.00 N 0.00 GRRFIELD
NOTICE R"EGARDING BTIILDING PERMITS
TO: All purchasers of Homesites within Rapids on the Colorado SuMivision
YOU ARE IIEREBYNOTIFIED that under applicable Garfieltl County regulation
you may not coinmence consfutrction of a residence within unincorporded Garfield County,
including the Rapids on the Colorado Subdivision, prior to issuance of a building permit by
Garfield County.
Additionally, Garfield County shall issue no Certificate of Occupancy for structures
within the Rapids on the Colorado Subdivision until the foltowing zubdivision improvements
have been completed and are operational in accordance with the Subdivision Improvements
Agreement:
l. the Water System
2. all electrical utilities furnishing electrical power to the SuMivision
3. roadways - to the level of gravel subgrade in place
Rapids on the Colorado River LLC,
A Colorado Li Liability
Manager
The foregoing Notice was read an understood by the undersigned Purchaser of a Homesite
within Rapids on the Colorado Subdivision this day of .1997
CLERK
EXHIBIT C
Exhibit 22Page34.
EXHIBIT 23
The Rapids on the Colorado
Homeowners Association By-
Laws and Articles of
Incorooration
EXHIB'T 23
Erhibit 23 page I
E &ibit 23 Page 2
Bvuaws
Or
Tne Rapros Oru Tne Colomoo
HOUCOWNERS ASSOCIATION
Eftiblt 2it page 3
t.
TABLE OF CONTENTS
GENERAL ...... I
' 1.2 TermsDefinedintheDeclaration... ........11.3 Controllinglawsandlnsuuments ......1
2.OFFICES
2.1 PrincipalOffice .....12.2 RegisteredofficeandAgent .....1**ff il;b.*' : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : . .'.'. . .13.2 MembershipsAppurtenanttolots ......23.3 Voting Rights of Members . . . ... . .z3.4 Voting by Joint Owuers . . . .z3.5 Resolution of Voting Disputes . . . .z3.6 SuspensionofVotingRights .....33.7 DeterminationofMemberVotingPercent4ge .......33.8 Transfer of Memberships on Association Books . . . . . 33.9 AssignnrentofVotingRightstoMortgagees.... ....3
MEETINGSOFMEMBERS. ......3
4.2 Atrnual Meetings of Members . . . . 34.3 MeetingsofMembers .....44.4 RecordDate. .......44.5 Notice of Members' Meetings . . . .44.6 Proxies .......44.7 QtrorumatMembers'Meetings ........54.8 AdjoummensofMembers'Meetings ........54.9 VoteRequiredatMembers'Meetings ........5
4.10 Orderof Business .... . .. ..54.lt ChairmanofMeetings .....6
4.14 Actionof Members WithoutaMeeting .......6
5.1 Creneral Powers and Duties of Board . . . .6
3-
4-
5.
E &ibit 23 pagp 4
6.
5.2 Special Powers and Duties of Board . . . .6
5.3 QualificationsofDirecto6... ....7
5.4 NumberofDirectors ......7
5.5 Appoinnnent, Election and Term of Office . . . .7
5.6 RemovalofDirectors ......9
5.7 ResignationofDirectors .......10
5.8 VacanciesinDirecton ....10
5.9 ExecutiveCommittee .....10
5.10 OtherCommitteesofAssociation.. ...10
5.ll GeneralProvisionsApplicabletoComrnittees .. ... t0
5.12 MaintenanceofFidelitylnsurance .....10
MEETINGSOFDIRECTOR*S ....II
6.1 PlaceofDirectorsMeetings .....11
6-2 AtrnualMeetingofDirectors ..... ....11
6.4 Special Meetings of Directors . . . ll
6.5 NoticeofDirectors'Meetings ...11
6.6 Proxies ......12
6.7 QuonrmofDirectors....; .....12
6.9 Vorc Required at Directors' Meeting . . .12
6.10 OrderofBusiness.... ....12
6.ll OfficersatMeetings ......12
6.12 WaiverofNotice ...13
5.13 ActionofDirectorsWithoutaMeeting ......13
oFFICERS .....13
7.1 Officers,EmployeesandAgene ......13
7.2 Appointnent and Term of Office of Officers . . . . . . 13
7.3 Removalofofficers ......13
7.4 ResignationofOfficers... .....13
7.6. Prcsident .....13
7.7 VicePresident .....14
7.8 Secrctary ... . 14
7.9 Treasurcr . .. . 14
INDEMMFICATION OF OFFICI,ALS AI{D AGENTS . . . . 14
8.1 CertainDefinitions ..... .......14
8.2 Rightoftndemnification.. ....14
8.3 IndemnificationProhibited ..... .....15
7.
ll
E!fiiblt 23 Pago S
9.
8.4 PriorAuthorizationRequired ....168.5 SuccessonMeritsorOtherwise... ....168.6 AdvancementofExpenses ......16
8.8 NotificationtoMembers .......178.9 Autroritytolnsure .......17
8.10 Right to Impose Conditions to Indernnification . . . . 178.ll OtherRightsn"dRemedies... .......I78.12 Applicability;Effect ......t7
8.13 IndemnificationofAgents ...... lg8.14 SavingsClause;Limitation .....1g
MISCELLAI{EOUS ............189.1 AmendmentofBylaun ...189.2 Compensation of Officers, Directors and Members . . . . . . 189.3 BooksandRecords ......189.4 AnnualReport .....199.5 StatementofAccount .....199.6 BieonialCorporateReports .....199.7 FiscalYear. .......199.8 Seal. ...2O9.9 Sharcs of Stock and Dividends Prohibited . . . .20
9.10 Loans to Directos and Officers Prohibited . . .ZO9.ll Limitedliability ...20
9.13 MinutesandPresumptionsThereunder ......21
9.14 RcordofMortgagees... ......21
9.15 Checks,DrafrsandDocuments.. .....21
9.16 ExecutionofDocumenB .......21
lll
E 6ibit 23 pago 6
BYLAWS
Or
THE Rlpros Ou Tne CouoRnoo
HonneowNERs AssoctATtoN
GENERAL.
l.l Purposc of Bylaws. These Bylaws are adopted forthe regulation and maoagemart
of the atrairs of The Rapids On The Colorado Homeowners Association ('Association'). The
Associationhas beenorganized as a Colorado corporation underthe ColoradoNonprofit Corporation
Act to be, and constitutes, the Association rurder the Declaration of Pmrcctive Covenants for The
Rapids OnThe Colorado Subdivisionf'Declaratiod). The Declaration relarcs to real property in tbe
County of Garfiel4 Colorado, which becomes subject to the Declaration (the "Subdivision').
12 Terms Defind in the Dcelention. Terms used in these Bylaws which are defined
in tb€ Declaration shall have the sasre meaning and definition as in the Declaratiou
13 Controlling Lews and Instrumenb. These Bylaws are controlled by and shall
alvrnys be consistent with the prrovisions of the Colorado Nonprofit Corporation Act, the Declaration
and the Articles of Incorporation of the Association filed with the Secretary of State of the State of
Colorado, as any of the foregoing may be amended from time to time.
OFFICES.
2.1 Principat Office. The Board ofDirectors, in its discretion, may fix and may change,
from time to time, &e location of the principal office of the Association provided that, util srch
time as zuitable quarters can reasonably be obtained within the Subdivision, the principat office of
the corpgration shall be located alt}l0z West Arapahoe Drive, Littletoru CO 80160.
22 Registered Office and Agent The Colorado Nonprofit Corporation Act requires tbat.
the Association have and continuously maintain in the Sarc of Colorado a rcgistered office and a
registered agent wtrose business office is identicat with such registered office. The registercd office
need not be the same as the principal office of the Association. The initial registeted office and the
initial registered agent are specified in the Articles of Incorporation of the Association but may be
changed by the Association at any time, without amendurent to the Articles of Incorporation, by
filing a statement as specified by law in the OffEce of the Secrctary of State of Colorado.
E thibit 2il Page 7
MEMBERS.
3.1 i',Iembers. A "Member," as defined in the Declaration, is a Person, or if more than
one (l), all Persons collectively, who constitutes ttre Owner of a Lot.
32 Memberships Appurtenant to Lots. Each Membership shall be appurtenant to the
fee simple title to a [,ot The Person or Persons wtro constitute the Oqmer of fee simple title to a Lot
shall automatically be the holder of the Membership appurtenant to that Lot and the Membership
shall automatically pass with fee 5imple title to the Lot
33 Voting Rig[b of Members. Each Member shall have the right to cast one (1) vote
foreachLotoumedbysuchMe,mber. NotwittrstandingtheforegoingDeclarantshaltbeentitledto
select and rypoint, in its sole discletion, Directors; provided, however, that not later than si:ay (60)
days after oonveyarce of trrenty-five percent QSyr) of the Lots, the Board of Directors shall be
increased to three (3) Directors and at least one (l) Director must be elected by Lot Owners other
than the Declarant Not later than sixty (60) days after conveyance to Owners other than the
Declarant of fifty percent (5070) of the LoB, the number of Directors shall be incrcase to (5)
Directors and at least thirry-three and one-third percent (3316tW of the members of the Board of
Directors must be elected by Lot Owners other than the Declarant The Declarant Contrrol Period
shall cease ufuen seventy-five percent (75Vr) of the Lots have been conveyed to persons other than
Declarant, trnless in its discr*ion, Declarant sooner determines to terminate.
3.4 Voting by Joint Owners. If there is more than one (1) person who constitutes the
Ovmer of alot, each such Persoa sball be entitled to attend any meeting of Members, but the votlng
power attibrutable to the Lot shall not be increased. [n all cases in which more than one (l) Person
constitutes the Owner of a Lot, including instances in u&ich a Lot is owned by a husband and wife,
theq unless written notice to the contrar5/, sigped by any one of such Persons, is given to the Board
of Directors of the Association prior to the meeting only one (l) zuch Person shall be entitled to
cast, in penpn or by proxy, the vote attributable to the Lot. If, however, morc than one (I) Person
constituting srch Owner attends a meeting in person or by proxy, tb€Nr s;trch Persons shall designate
one (l) Person to vote on behalf of such Owner, and the vote of srch person shall be the vote
arributable to such LoL
35 Resolution of Voting Disputes. In the event of any dispute as to the entitlement of
any Member to vote or as to the results of any vote of Members, the Board of Directors of the
Association shall act as arbitrators and the decision of a disinterested majority of the Board of
Directors shall, ufren rerdeled in writing, be final and binding as an arbitration award and may be
acted upon in accordance with the Colorado Uniform Arbitration Act of l975,as the same may be
amende4 provide( however, that ttre Board of Directors shall have no authority orjurisdiction to
determine mattcrs rclating to the entitlement of Declarant to vote or rclating to the manner of
exercise by Deciarant of its voting rights. No dispute as to the entitlement of any Member to vote
2
E&ibit 23 Page 8
shall postpoue or eelay any vote for which a meeting of Members has been duly called pursuant to
the provisions of i:rese Bylaws and a quonrm is presenl
3.6 Suspension of Voting Rigbts. The Board of Directors may srspen4 after Notice and
Hearing, the voting rights of a Member dudng any period of breach by such Member of any
provision ofthe Declaration or of any Rule or Regulation adopted by the Association including, but
not limited to, the failurc to pay any assessment pursrnnt to the Declaration and for a period of up
to ten (10) days following the cure of any strch breach by such Member; providd howwer, such
Notice and Hearing sball not be required where a Member has failed to pay any assessnent levied
in accordance with the provisions of the Declaration.
3.7 Determinrtion of Member Voting Percentege. Notwittrstanding anything to the
contrary conained herein, only Meurbers ufuose voting rights are in good standing (e.g., voting
rights ufrich have not been snrspended as provided he,rein) shall be entitled to vote on Association
mattes. tn mordance therewith, any and alt prorisions conaind hercin requiring the approval of
a requisite pe,rcentage of Members of the Association shall be deemed satisfied when the requisite
percentage of Mernbers entitld to vote has been met.
3.8 Trensfer of Memberships on Associrtion Boolcs. Transfers of Membershipa shall
be made on the books of the Association only upon prresentation of evidence, satisfrctory to the
Association, oftte transfer of oumership ofthe Lotto wtrich the Me,mbership is appurtenant. Prior
to presentation of such evidgnce, the Association may trreat the prwious Orner of the Membership
as the O'rrner of the Membership entitled to all rights in connection thercwith, including the rights
to vote and to receive notice.
3.9 Arsignment of Voting Rights to Mortgagees. A Member may assign his right to
vote to a Morqagee of his Lot for the term of the Mortgage and any sale, transfer or conreyance of
the Lot shall, unless othennise provided in the docrunent of sale, transfer or conveyanoe, be subject
to any srct assignnoent ofvoting rights to any Mortgagee. Any such assignment of voting righs and
any revocation or termination of auy assignmcnt of voting rights shall be in writing and shall be filed
with the S€q€tary of the Association.
4. MEETINGS OF MEMBERS.
4.1 Plece of Members' Meetingr. Meetings of Members shall be held at the principal
office of the Association or at such other place, within or convenient to the Subdivision, as may be
fixed by the Board of Directors and specified in the notice of the meeting.
Annuel Mectings of Members. Annual meetings of the Members shall be held in
ofe:ch year beginning in 199_ on such day and at such time of day as is fixed by
the Board of Direcors and specified in the notice of meeting. The annual meetings shall be held to
hansact swh brsiness as may properly come beforc the meeting.
4.2
Ethibit23 pago g
43 Mcetings of Memberr. Speciat meetings of the Members may be calted by the
Board of Directors of the Association or by Members holding not less than thirty-thrce p"r""ot
Q3Yo) ofthe total votes of atl Menrbers entitled to vote. No business shall be transacted c a special
meeting of Members except as indicated in the notice thercof.
44 Record Dete. For the ptrrpose of determining Members entitled to notice of,, or to
vote at, any meeting of Members or in order to make a determination of such Members for any other
FoperPurpose, the Board ofDirectors of the Association may filq in advance, a date as &e record
date for any strch d*ermination of Members. The record date shall be not more than fifty (50) days
prior to'the meeting of Members or the event requiring a determination of Members.
4.5 Notice of Members' Mectings. Written notice stating the place, day and horn or any
meeting shall be delivered not less than ten (10) nor more than fifty (50) days before the darc of the
meeting either personally or by mai[, by or at the direction of the Prcsident or the Secretary of the
Association or the officers orpesons calling the meeting, to each Member entitled to vote at such
meting. The notice of an annual meeting shall identify any matter which it is known may come
bdore the meting including but not limited to, the general nature of any prcposed amendment to
the Declaration orBylaws, any Btrdget changes, and any proposal to remove an officeror member
ofthe Board of Directors. The notice of a special meeting shall state the pnrpose or pnposes for
urtich the meeting is catled- If maild such notice sball be deemed to be deliverea when deposited
in the United States mail, ad&essed to the Member at his addrcss as it appears on the records of ttie
Associatioruwithpostagethereonprepaid- Srrchnoticemaybepostedinaconspicuousplaceintlre
Subdivisio& zuch as on a notice board outside the principal office of the Associafion, and such
notice shall be deemed to be delivered to any Member upon such posting if such Member has as1
fimished an addrcss for mailing of notice to the Association.
4.6 Prories. A Member entitled to vote may vote in person or by pro)ry exeuted in
tmiting by the Member or his duly authorized attorney-in-fact and filed with the Chairman of the
meeting prior to the time the proxy is exerciscd- Any pro:ry may be revocable by aneodance of a
Member in person at a meeting or by revocation in uniting filed with the Chairuran ofthe meeting
prior to the time the proxy is exercised. A pro:ry shall automatically cease upon the conveyance by
a Member of the Lot of the Member and the transfer of the Membership on the books of the
Association. No proxy shall be valid:
(a) slxty (60) days afterthe date of its execution unless otherwise provided in the
Forry; an4 in any event, for no more than eleven (l l) months after the date of its execrrion;
(b) unless the sigrratures of the Members providing the proxy are notarized;
(c) the pro:ry contains the signanue of all Members entitted to vote srch intercsq
4
and
E fiibit 23 page i0
(d) the proxy states the specific purpose and the specific meeting for which it was
grantd.
Any form of pro:ry ftrrnished or solicited by the Association and any form of uritten
ballot fimished by the Association shall afford an opportrmity thereon for Members to specify a
choice betqreen approval and disapproval of each matt€r or gn up of rclated Eatters which is known,
at the time the form of proxy or written ballot is prcpared, Eray oome before the meeting and qhall
prcvide subject to reasonably spocified conditions, tlrat if a Member specifies a choice with rcspect
to any such marer, the vote shall be cast in accordance ther€witL
4i (fuorzu et Membel!' Meetings. Except an Eay be othsnilise provided in the
Declaration, the Articles of Incorporation or these Bylaws, and except as hereinafter provided with
respect to the catling of anotber meeting, the presence, in pcrson or by proxy, of Membcrs entitled
to cast at least sixty-senen percent (670/0) of the vot€xl of all Members entitled to vote shall constitrse
a qu)rum at any meeting of zuch Merrbers. Members prcs€nt in person or by plorry at a duly
organized meeting may continue to transact business until adjournmen! notwithstanding the
withdrawal of Members so as to leave less than a quorun. tfthe required quonrm is not prcsent in
person or by proxy at any such meeting of Members, another meeting may be called, subject to the
notice requirements hereinabove specified-
4A Adiournments of Members' Mcctings. Members prescnt in person or ry prcrry at
any meeting may adjourn the meeting from time to time, whethcr or not a qrrcrum shdl be present
inpersonorbypro:ry, withounoticc otherthanannounccmentatthe meeting foratotal period or
periods trot to exceed thirty (30) days after the date set for the odgfual meeting. At any adjourned
meeting uitich is held without notice orher ttrau announcement at the meeting, the quonrm
requirement shall not be redrrcd or changed but if the origina[y required quonrm is present in
personorby pmry, anybusiness maybe transactedufrichmighthave beentransactedatthe meeting
as originally called-
49 Votc Required at Members' Meetingr. At any meeting if a quonmr is preseng a
majority of the votes pr€sent in person or by prorcy and entitled to be cast on a matter shall be
necessary for the adopion of the matter, unless a geat€r proportion is requird by laq the
Declaration, the Articles of Incorporation orthese Bylaws.
4.10 Order of Business. The order of business at any meeting of Members shall be as
follows:
(a) roll call to determine the voting power reprcsented at &e meeting;
(b) proof of notice of meeting or waiver of notice;
Ethih't 2it pagp ll
(c) reading of minutes of preceding meeting; and
(d) the conducting of the business forwtrich the meeting ruas called.
4.11 Chairmen of Meetings. At any meeting, the Mernbers prcsent shall select a
Chairman and Secretary ofthe meeting.
4.12 Erpenses of Meetingr. The Association shall bear the. expenses of all annual
meetings of Members and of special meetings of Members.
{.13 Weiver of Notice. A waiver of notice of any meeting of Membe.rs, signed by a
Member, whether before or after the meeting, shalt be equivalent to the glving of notice of the
meeting to srchMember. Attendance of a Member at a meeting either in person or ry pro:ry, shall
constitute waiver of notice of such meeting except when the Member afiends for the elrpr€ss purpose
of objecting to the transaction of business because the meeting is not laufirlly called orconvened.
4.14 Action of Members TYithout a Meeting. Any action required to be taken or wtrich
may be taken at a meeting of Members may be taken without a meeting if a consenf in writing,
setting forth the action so taken, sball be signed by all of the Members entitled to vote with respect
to the subject matter thereof.
5. BOARD OF DIRECTORS.
5.1 General Powers end Iluties of Boerd. The Board of Directors shall have the duty
to manage and supervise the atrairs of the Association and shall harre all powers necessary or
desirable to permit it to do so. Without limiting the generality of the foregoing, the Board of
Directors shdl have the power to exercise or cause to be exercised for the Association, all of the
powers, rights and auttrority of the Associatioq not rcserved to Members, and provided in the
Declaratioru the Articles of lncorporatior; these Bylaws and the Colorado Nonprcfit Corporation
Act.
52 Spccial Powers and l)uties of Boerd. lVithout limiting the forcgoing statement or
general powers and duties of the Board of Directors or the poweni and duties of the Board of
Directors as set forth in the Declaratioq the Board of Directors of the Association shall be vested
with and rcsponsible forthe following specific powenr and duties:
(o) Assesr;zzcn&. The duty to fix and lery from time to time as it deerns
necessary assessments upon the Members of the Association as provided in the Declaration; to
detennine and fix the due darc for the payment of such assessments and the date upon which the
same shall become delinquen{ and to enforce the payment of such delinquent assessments as
provided in the Declaration.
6
&hibit 23 page i2
O) Tua. The dwy to pay all taxes and assessments levieC upon the Associdion
Properties, f*y, and all ta:res and assessmeNrts payable by the Association Tire Board ofDirectors
shall also hane the powerto contest any srch taxes or assessments in accordance with thc provisions
contained in &e Declaration.
(c) htsurance. Thc drrty to contract and pay premiums for fire urd casralty and
blanket liability and otber insrance in accordance with thc provisions of the Declaration-
@ Agent ond Enptoyes. The powerto selec! appoint, and remove all officers,
ag€Nrts, and employees ofthe Assci*ion and to prescribe such powers and dtrties for thcm as Eay
be consistent with laq wittr the Articles of Incorporation, the Declaration and these Bylaws; and to'
ft their compensaim md to require tom them security for frithfirl serrrioe as deemed advisable by
the Board-
@ Bonowkg. The power, with the approval of Mernbers representing at least
sixty-seven pcrccat (6'10/o) of the voting pow€r of the Associatioru to borrcw Boney and to incur
indebtedness for thc purposes of tre Association, and to caur to be executed and delivqed thercfor,
in6e Association'5 name, promissory notes, bonds, debeNrfirrcs, mortgageg pledges, $pothecations
or other evidences ofdebt and securities thcrefor.
0 Enforcement. The power to enforce tbe provisions of the Declaration, the
Rules and Regulationr these Bylaws or other agrcements of the Associatiorl
(s)Debgaion of Powets. The power to delegate its powers according to law.
(h) Annqdiorrs. The power to annor additional real property to the Subdivision
alr mor€ fully povided inthe Declaration
53 Qualifications of Directors. A Director may be any natrral person and mnst be an
Orrner of a [.ot witrin the Subdivision- A Director may be reelecrcd and therc shall be no limit on
the number of terms a Dirwtor may serye.
5.4 Numbcr of Directors. The initial number of Directors of the Associaion shatl be
two (2). Th number of Directors shall be increased in accordance with these Bylaws providcd that
the number of Dircctors shall not be less than two (2) and no decrease in number shnll have tbe effect
of shortening the term of any incumbent director.
55 Appointment, Election and Term of Oficc. Notwittrsanding any other provision
contained hercin:
(a) Prior to the time Members, other than Declarant, oun twenty-five percent
Q5%) of the Lotu all Directors shall be appointees of Declarant All Directors appointed by
E dtibit Zt pago t3
Declarant sttall be subject to removal at any time and from time to time by Declarant, in its sole and
absolute discretion.
(b) Within si:cy (60) days after the time Me,mberq other than Declarant, own
nventy-five percent QSYO of the Lots wi&in the Subdivision or whenever Declarant earlier
aetemdneq in is sole and absohrte aiscretion, the Board of Direc6rs shall be increased to 6ree (3)
Directors and the Association shall call a special meeting atuftich Merubers other than Delarant
shall elect one (l) of the thr€e (3) Directors. The rc,maining tu,o (2) Directors shalt be appointed by
hlaranr The Director elected by the Members other than Declaraut shall not be zubject to rcmoval
by Declarmt an4 unless said Director soon€r resigns or is rcmove4 shalt bc elected for a term of
two (2) years or until the happening of the event described in Section 5.5(d) below, u&ichever is
shorter. tf srch Directods term eapires or nrch Director resigns or is removed prior to tlre happeoing
of the event described in Section 5.5(d) below, a successor shall be elected by the Members other
than Declarant for a like term.
(c) Mthinsixty(60) daysafterthetimeMembers, otherthan Declaranf owufifty
percent (509/r) of the Lots within the Subdivision or wlrcnever Declarant earlier determines, the
Board of Directors shall be increased to five (5) Directors and the Association shall calt a special
meeting at which Members other than Declarant shall elect two (2) of the five (5) Directors. The
rcmaining three (3) Directors shall be appointed by Declarant The Directors elected by the
Members other than Declarant shall not be suliect to remonal by Declarant an4 unless said
Directors sooner rcsign or are removed, shall be elected for a term of two (2) years or until the
happening of the event described in Section 5.5(d) below, urtichever is shorter. If such Directo/s
term expires or such Director resigns or is removed pnor to the happening of the event described in
Section 5.5(d) betoq a suoces$)r shall be elected by the Members oher than f)eclarant for a like
tETtrI.
(d) Within sixty (60) days after the time Members, other than Declarant, own
seventy-five percent (75yr) of the Lots within the Subdivision, or ufrenever Declarant earlier
deterrrineq in its sole and absolute discretion, the Declarant Contol Period shall terminate. The
Association shall call a special meeting at ufiich time the Membes, including Declarang if
Declarant is the owner of any Lots, shall elect all five (5) Directors. The Directors elected by the
Memberq inctuding Declaran! shall serve until the first annual meeting foUowing the termination
of the Declarant's Control Period. If srrch annual meeting occuni within si:ay (50) days after
termination of the Declarant's Contnol Pedo{ this subparagraph shall not apply and Directors shall
be elected in accordance with paragraph 5.5(0 below.
(e) Within slcy (60) days after the termination of the Declarant Control Perio4
Declarant shall deliver to the Association all property of the Ovmers and of the Associatioo held by
or contnolled by Declarant, including without limitation the following items:
E 6ibit 2ii Page 14
(i) the origioal, or a certified copy of, the Recorded Declaration as
amende4 the Association's Articles of locorporatiorl Bylawq minrne book$ other books and
records;
(ii) an accotmting for Association firnds and financial statements, from
the date the Association received firnds and ending on the dare the Declarant's Control
Pedod is terminated;
(iii) the Association firnds or control thereof;
(iv) all insurance policies then in forrce, in which the Orrners, the
Association, or its Directors and Officers are named as insred pcrsons;
(v) arcst€r of Oruners and Mo4gagees and their addrcsses and telephone
numbers, if known, as shown on Declarant's records;
(vi) ernployment contracts in which the Associdion is acontracting party;
and
(vii) any service contract in ufiich the Associarion is a conuacting party
or any other contract in nhich the Association or the Onmers have aoy obligation to pay a
fee to the persons performing the sentices.
(0 At the first annual meeting of the membership after the tennination of the
Declarant's Contrrol Perio4 the five (5) Directors shall be elected as follows;
(l) directors shall be elected by the Members, including Declarant, if
Declarant is the owner of any Lot in the Subdivision;
(ii) thee (3) Directors shall be elected for a term of two (2) years, and two
(2) Directors shall bc elected for a term of one (1) year;
(iii) at the e:rpiration of the initial term of offce of each member of the
Board of Directors and at each annual meeting therealer, a suoqessor shall be elected to
serve for aterm of two (2) years.
5.6 Removal of Directors. Except as set forth in Section 5.5, at any meeting of
Members, the notice ofufiich indicates srch purpos€, ily Director may be remone4 with or without
ciause, by vote of two-thirds (2/3) of the Members of the Association entitled to vote and a suocessor
may be then and there elected to fill the vacancy thus created.
9
E dtabit 23 Page t5
5.7 Rcrigretion of Dirccton. Atry Director may resign at any time by gving written
notice to the PresCeng to the Secraary orto the Board of Directon stating the effective date of nrch
resignation Accepance ofsuctr resignation shall not be necessary to rnake the resign*ion effective.
5.E Vacancies in Directors. Any vacancy occurrlng in the Board of Directors shall,
uless filled in accordance with Sections 5.5 and 5.6 or by election at a special meeting ofMembers,
be filld by the afErmative vote of a majority ofttre r€maining Directors, though less than a quonrm
of the Board of Directors. A Director etected or appoinred to fill a vacancy sball be electd or
appointed for the unocpired term of his predecessor in office. A Directonhip to be fiUed by reason
of an increase in the number of Directors shalt be filled only by vote of the Members.
5.9 Erecutive Committee. The Board ofDrectorr by resotution adopted by a majority
oftbe Directors in office, may designate and appoint an Executive Committee, wtrich shall consist
of three (3) Directors and wtrich, unless othenrise provided in such resolution, shall have and
exercise all the arnhority of the Board of Directors except authority wittr respect to the matters
speified in the Colorado Nonprofit Corporation Act and the Colorado Common Interest Oumership
Act as matters wttich such committee may not have and exercise the authority of the Board of
Directors.
5.10 Other Committees of Associrtion. The Board of Directors, by resolrrion adopted
by a m4iority of the Directors in office, may designate and appoint one or mone other committees,
ufrich may consist of or include Members ufro are not Directors. Any such cornmittee shall have
end exercise zuch authority as shall be specified in the resohnion creating such Commiuee except
such authority as can only be exercised by the Board of Directors.
5.11 Gcncrel Provisions Applicebte to Committees. The designation and appointment
of any committee and the delegation thereto of authority shall not operate to relieve the Board of
Directors, or any individual Director, of any responsibility imposed upon it or him by law. The
provisions of thqse Bylaws with respect to notice of meeting, waiver of notice, quonuhs,
adjournments, vote required and actioo by consent appticable to meetings of Directors shall be
applicable to meetings of committees ofthe Board of Directors
5.12 Meintenence of Fidetity Insurence. ln the event that the Boar-d of Directors
delegates its powers with respect to collection, deposit, tansfer, or disbursement of Association
funds to other persons or to a managing agenL as authorized by these Bylaws and the Colorado
Cornmon Interest Ownenship Act, then in connection with such delegation of powers, the Board of
Directors shall require:
(a) that the otherpersons or managing agent maintain fidelity insuraoce coverage
or a bond in an ar_ ormt not less than the minimum required by the Act or srch higher amount as the
Board of Directors or Executive Committee may require;
l0
Exhibit 23 Page t6
O) tlratthe other persons or managing agent maintain all funds in accounts of the
Associationseparate fromthe fimds andaccounts ofotherassociations managed by the otherpersons
or managing agei!': and maintain all rwrve accormts of each association so managed separarc from
operational accounts of the Association; and
(c) th* an annual accounting for Association firnds and a financial statement be
ptear€d aod prcsentcd to tre Associaion by the manzrging agenq a public accormtant, or a certified
public accormtant
6. MEETINGS OT DIRECTORS
5.1 Phcc of Director'! Mccfing[ Moaings offte Boad ofDircctors shall be hld at tbe
pdncipal office of the Association or at suc,h other place, within or convenient to the Subdivision,
as Eay be firrcd by the Boad of Directors and specified in the notice of the meeting.
6.2 Annuet Meeting of Directorc. Amual meetings of the Board of Directors shalt be
held on the same darc aq or within t€n (t0) days following, the annual meeting of Mc,mbers. The
business to be conducted at the annual meeting of Directors shall consist of the aplninunent of
officers oftte Associ*ion and tb€ transaction of such other bnsiness as may pnoperly come before
tbemeeting. No priornotice of the annual meeting ofthe Boad of Directors shalt be necessary if
the meeting is held on the same day and at th same place as the aonual meeting of Members at
which the Board of Directors is elected or if the time and place of the annual meeting of the Board
of Direcors is annormced at the annual meetinS of such
63 0(her Rcguler Meetings of Directors. The Board of Dirwtors shall hold regula
meaings annually andmay, by resolution, esabtish inaAmnce the times andplaces foruchrcgular
meetings. No prior notioe of any regular meetings n€od be gven after establishment ofthe times and
places theneof by srch resolution
6.4 SpGcirl Moctingr of Dircc{ors. Special meetings of the Board or Directors may be
catled by the Prcsident or any tu/o (2) members ofthe Board of Directors.
6.5 Noticc of Directors'Mcotingr. Inthe case of atl meetings of Directors forwhich
notice is require4 notice stding the place day and horrof the meeting shall be deliverod rct less
than three (3) nor morc than fifty (50) days before the date of the meeting, by mail, telegraph,
telqhone or personally, by or at the direction of the p€rsoos c-lling the meeting, to each member
ofthe Boad of Directon. If maileq such notice shall be deemed to be delivered at 5:fi) p.m- on the
secondbusinessdayafreritisdeposited in&eruail addressedto the Directorathis homeorbnrsiness
address as either appears on the records of the Association, with postage thereon prepaid. If by
telephong such mtice shall !g deemed to be delivered when given by telephone to the Director or
to any psrson ansrvering the phone urto sormds competent and mature at the home or business phone
number as either appears on the records of the Association. If given personalty, such notice shall
ll
ErhiUt 2il Pago 17
be deemed to be delivered upon delivery of a copy of a written notice to, or upon verbally advising,
the Director or some person wtro appears competent and mature at his home or business address as
either appears on the records of the Association. Neither the business to be transacted aL nor &e
purpose of, any regular or special meeting of the Board of Directors need be specified in the notice
or waiver of such meeting.
6.6 Prorics. A Director shall not be entitled to vote by pro>cy at any meeting of
Directors.
6.7 Qnomm of Dircctors. A @ority ofthe number of Directors fixed in tbese Bylaws
shall constittrte a quorum for the transaction of business
6A Adiournment of llircctor's Meetings. Directors present at any meeting of Directors
may adjourn the meting from time to time, ufrettrcr or not a qrxrnm shall be present, without notice
other than an aonotmcement at the meeting, for a toal period or periods not to exceed thirty (30)
days after the date set for the original meeting. At any adjournd meeting which is held without
notice other than announcement at the meeting, the quonrm requirement shall not be reduced or
changd bu ifthe originally required quorum is presen! any business may be transacted which may
have been transacted at the meeting as originally calted-
6.9 Vote Required at Directon' Meeting. At any meeting of Directorq if a quortrm is
present sixty-seven pqcent (67W of the votes preseot in person and entitled to be cast in a matter
shall be necessary for the adoption of ttre rnatter.
GlO Order of Business. The order of business at all meetings or Directors shatl be as
follows:
G) rolt call;
(b) proof of notice of meeting or waiver of notice;
(c) reading of minutes of preceding meeting;(d) repor.ts of officers;
(e) rcports of committees;
(0 unfinished buiness; and
(g) new business.
6.11 Oficers et Meetings. The hesident slrall act as chairman and the Board of Directors
shall elect a Director to act as secretary at all meetings of Directors.
t2
Etfiibit 23 Page t8
6.12 Wriver of Notice. A waiver of notice of any meeting of the Board of Directors,
signed by a Director, uAether before or after the meeting, shall be equivalent to the Srving of notice
of the meeting to such Director. Attendance of a Director atameeting in person shall constitute
waiver of notice of such meeting except when the Director attends for the exprcss purpose of
objecting to the transaction of business because the meeting is not lauftlly called or convened.
6.13 Action of Directorr YYithout a Meeting Any rctionrequird to be taken or wtrich
may be taken at a meeting of Directos, Etay be taken without a meeting if a conseot in writing,
setting forth the action so talcen, shall be signed by all of the Directors.
7. OFFICERS.
7.1 Oficerq Employees end AgenB. The officers ofthe Association shall consist of
a President, a Seuetary, aod a Treasurer and zuch other officers, including one or more Vice-
Prcsidents, employees and agents ar may be deeNnd necessary by the Board of Directors.' Officers
other than tbe Plesidmt need not be Directors. No petson shall simultaneously hold rnore than one
office except the offices of Secraary and Treasurer.
72 Appointment and Term of Office of OfEcers. The officers shall be appointed by
the Board of Directors at the annual mecing of &e Boardof Direaon and strall hold office, subject
to the pleasrre ofthe Boald of Directors until the annual meeting of the Board of Directors or rmtil
ttrcir successos are appointeq whichever is later, unless the officer rcsigns, or is rcmorred earlier.
73 Rcmoval of Oficers. Any officer, ernployee or agent may be removed by trc Board
of Directors, with or without ciause, whenever in the Board's judgment the best interests of the
Association will be served thereby. The rcmoval of an officer, employee or agent shall be witrout
prejudice to ttre confrct rights, if any, of the offrcer, employee or agent so rcmoved- Election or
appoinment of an officer, employee or agent shall not of itself create contract rights.
7.4 Rcsignetion of Officen. Any officer rnay resign at any time by gving writteir notice
to the President, to the Secretary or to the Board of Directors of the Association stating the effective
date of such resignation Accepance of such resignation shall not be necessary to make the
resignation effwtive.
7.5 Vecencies in Oficers. Any vacancy occuning in any position as an officer may be
filled by the Board of Directors. An Officer appointed to fill a vacancy shall be appointd for the
unexpired term of his predecessor in office.
7.6 Presidenl The President shatl be a member of the Boad of Directors; shall be the
principal exeqsive officer ofthe Association; sball, sr$ject to the contrrol ofthe Board of Directors,
' dircct, srpervise, cmrdinate and have general control over the affairs ofthe Association; and shall
t3
E filbit 2i! Pags 19
have the powenl gem€ratly attributable to the chief executive officer of a corporation The Prcsident
shall preside at all meetings of the Board of Directors and of Members of the Association.
7.7 Vie President The Vice President may act in placc of the President in case of his
death" absence or inability to act and shall perform zuch other duties and have such authority as is
from time to time delegated by the Board of Directon or by the President
7.t Sccrctery. The Secrctary shatl be the custodian of the records and the seal of the
Association and shall affix the seal to all docrments requiring the same; shall see that all notices are
duly given in accordance with the provisions of these Bytaws and as rquired by law and that the
books, r€ports and other documeots and records of &e Association are properly ke,pt and fild; shall
take or cause to be hken and shell keep minrmes of the meetings of Membery of the Board of
Directors and of committees of the Boanq shall keep at the principal office of the Association a
record ofthe names md addresses of&e Members; and, in general shall perform alt duties incident
to the office of Secrretary and such other drties ar may, from time to timg be assigned to him by the
Boad of Directors or by the President The Board may appoint one or morc Assistant Secretaries
u&o may act in place of the Secretary in case ofhis death, absence or inability to act.
7.9 Trcesurrer. The Treasurer shall have charge and ostody ot, and be responsible for,
all ftnds and securides of the Association; shall {sp6sit all srrch firnds in the name ofthe Association
in stlch depositodes as shall be desrgnded by tbc Board of Directors; sball keep correct and complete
financial records and books of account and records of financial transactions and condition of the
Association aod shall subrnit srrch reports thereofas the Board of Directors may, from time to time,
requirc; ad, in general, shall perform all the duties incident to the office of Treasurer and such other
drnia as may from time to time be assigned to him by the Boad of Directors or by the PresidenL
The Board may appoint one or more Assistant Treasurers who may act in place of the Treasurcr in
case of his death absence or inability to act
8. II\TDEMNIFICATION OF OFFICIALS AIYD AGENTS.
&1 Certrin Definitions. A'€orporarc Official- shall mean any Director or ofEcer, and
any former Director or officer of &e Association. .A 'Corporate Employee" shall mealr any
employee and any former employee of the Association-' oExpenses" shall mean all costs and
expenses, including attorneys' fees, liabilities, obligations, judgments and any amolmts pald in
reasonable settlement of a Proceeding. "Proceedingl' shall mean any clainu action, suit or
proceeding; whetherttueatened, pending or completd and shall include appeals.
82 Right of Indemnificetion. The Associatioa shall indemnify any Corporate Official
and any Corporate Employee against any and all Expenses actuatly and necessarily incurred by or
imposed upon him to the fullest extelrt provided by law. The right of indernnification shall not
extend to any matter as to which such indemnification would not be laurfrrl under the laws of the
State of Colorado.
l4
E 6ibit 2it pagre 20
(a) Stanfuds of Conduct. The Association shall indemrii& any Corporate
Official and any Corporarc Employee against tiability incurred in or as a result of the Proceeding if
the Corporate Official or Corporate Employee:
(0 conducted himself or herself in good faith;
(il) reasonably believed (l), in the case of a Dircctor acting in his or her
officialceocity, trathis orherconductwas in the Association's best intercsts, or (2), indl
other caseq that ttie Corporate Official's or Corporate Employee's condrict was at least not
opposedto thc Association's best interests; and
(iii) in the case of any criminal proceeding the Corporate OfEcial and
Corporarc Employe had no ieasonable cause to believe his or hercondrEt was unlaufiil.
@ Selenunt. The termination ofany Prroceeding byjudgmcNil, ordcr, settlement
or conviction, or rpon a plea of nolo contendere or its equivaleng is not of itsclf deterainative that
the Corporarc OfEcial or Corporate Employee did not meet the applicable standards of conduct as
set forth in Section 8.2(a).
t3 Indemnificetion Prohibitcd. The right of indemnification shall Bot ercend to
matters as to nfrich the Corporate Official or Corporate Employee:
(a) has been adjrdgpd liable for gross neglige,uce or willful misconduct in the
performance ofthe Corporate Official's or Corporate Employee's drsy to the Association; or
O) incomestionwithany moceeAingctrargingimprcp€rpersoualbcnefitto such
Corporate Official or Corporate Employee, in ufiich the party was adjudged liabte on the basis ttrat
personal beocfitwas improperly received by srchCorporate Official or Corporale Employee (even
if the Association war not thereby damaged).
Notwithsanding the foregoing the Association shall iadsmniry srch Corporate
Official or Corporate Employee if and to the extent requird by the court conducting the Pnocding;
or any othcr court of compaent juridiction to u,hich such Corporae Official or C.orporate Employee
has applid if it is determined by such court, upon application by zuch Corporate Official or
Corporate Employee, &t despite the adjrdication of liability in the circumstances in Sections 8.3(a)
and 8.3(b) or whether or not the party met the applicable standads of conduct set forth in Section
t.2(a), and in view of all relevant circumstances, the Corporate Official or Corporate Employee is
fairly and rcasonably entitled to indemnification for zuch expeures as the court deems proper in
accordance with the Colorado Nonprofit Corporation Code.
l5
Bhibtt23 Page 2{
E.4 Prior Authorization Requircd. Any indemnification under Section 8.2 (unless
ordered by a court or in accordance with Sestion 8.5 below) shall be made Fy the Association only
if authorized inthe specific case after a determination has ti:en made rhat tbe Corporarc Official or
Corporate Employee is etigible for indemnification in the circumstances because such Corporate
Official or Corporate Employee has met the applicable standards of conduct set forth in Section
8.2(a) and after an erraluation has been made as to the reasonableness of the Expenses. Any such
determinatioq evaluation and authorization shhli be made by the Board of Directors by a rnajority
vote of a quonrm of such Boar4 which quorum shall consist of Directors not parties to the
hoceeding, or by such other person orbody as permittd by law.
8.5 Success on Merits or Otherrise. Notwithstanding any other provision of this
Article 8, the Association shall indemni& such Corporarc Official or Corporarc Employee to the
e:dent that such party bas been successfirl, on the merits or othenrise, inchding, without timitatioru
dismissal without prcjtrdice or settlement without *rlmisisa of liability, in defense of any
Proceeding to whichthe party was a party against Expeuses incurred by such party in connection
&erewith.
8.6 Advencement of Erpenses. The Association shall pay for or rcimburse the
Expenses, or a portion thereof, incurred by a party in advance of the final disposition of the
koceeding if:
(a) the party fumishes the iA,ssociation a written atrrmation of such party's good
faith belief that he or stre has met the standard of conduct described in Section S.2(aXi);
(b) theparty furnishes the Association arrritten underaking, executed personally
or on behalf of such party, to repay the advance if it is ultimarcly detemrined that the party did not
meet sr.rch standard of conduct; and
(c) authorization of payment and a determination that the facts then known to
those making the determination would not preclude indemnification under this Article have been
made in the manner provided in Sectioo 8.4. The und€rtaking required by Section 8.6(b) must be
an unlimited general obligation ofthe party, but need not be secured and may be accepted without
reference to financial ability to make repa)'Eenl
8.7 Payment Pnocedunes. The Association shall promptly act upon any request for
indemnification, which request must be in writing and accompanid by the order of court or other
rcasonably satisfactory evidence documenting disposition of the Proceeding in the case of
indemnification under Section 8.4 and by the written affirmation and rmdertaking to r€pay as
required by Section 8.5 in the case of indemnification under such Section. The rigbt to
indemnificatiou and advances granted by this Article shall be emforceabte in any court of competent
jurisdiction ifthe Association denies the claim, in whole or inpart, or ifno c:isposition of such claim
is made within ninety (90) days after written rcquest for indemnification is rnade. A party's
t6
Gnhibit 23 Fagp 22
Expenses incurred in connection with successfully establishing such party's right to indentnificatioru
inwtrole or in parg in any srrch Procecding shall also be paid by the Associa'ion.
8.8 Notification to Members. Any indemnification of or advance of.Expeoses to a
Director (but notto any other party) in accordance with this Article, if arising out of a Procding
by or on behatf of the Associatioq shall be reported in writing to the Members with or before the
notice of the next meeting of Me,mbers.
8.9 Authorityto lnsur!. TbeAssociationmaypurchaseandmaintaintiability insurance
on behalfof any C-orpor*e Official or Corporde Employee against 3o, liability asserted ,gainst him
and incurred by him as a Corporate Official or Corporaie Employee or arising out of his status as
such, including liabilities for uftich a Corporate Official or Corporarc Employee nig[t not be
entitled to indemnification herermder.
8.10 Rig[t to lmposc Condifions to Indemnificetion. The Association shall have the
right to impose, as conditions to any indemnification provided or permitted in this Article, strch
reasonable requireurents and conditions as may appear approprime b the Boad of Directon in each
specific case and circumsances, inchrding but not limitd to, ey one or more of the following:
(a) ttn any counsel representing the party to be indemnified in cooncction with
fte defense or sefilement of any procceAing shall be counsel munrally agreeable to the party and to
the Association;
(b) thatthe Association strall have the rignt, at its optio& to asrilme and control
the defense or settlement of any noceeaing made, initiateq or threalened against tk party to be
indemnified; and
(c) ttutthe Association shall be subrogatd, to the octent of any paymenB made
byuray of indemification, to dl of the indemnified part5r's right of rccovery, and that the party to
be indemnified shall execute all writings and do everything necessary to asslne zuch rights of
subrogation to the Associaion
8.11 Other Righb and Remcdics. Tlie indcmnification provided by this Article shall be
in addition to any o&er rights urhich a party may have or hereafter acquirc under any laq provision
of &e Articles of Incorporatiorl any other or firtber provision of these Bylaws, vote of tE Members
or Board of Directorq agreemen! or otherwise.
8.12 Applicability; Efiect The indernnification provided in this Article shalt be
4plicable to acs or omissions that occurred prior to the adoption of this Article shall continue as
to any party entitled to indemnification under this Article who has ceased ta be a Director, officer,
or employee of the Associatioo- The repeal or amendment of this Article or of any Scction or
provision hereof ttrat would have the effect of limiting, qualiffing or resnicting any of the powent
t7
Efilbit 23 Page 23
orrights of indemnificationprrovided orpennified inthis Article shall not, solely by reason of such
repeal or amendment, eliminate, restrict, or otherwise affect the right or power of the Association
to indemniff any person, or affect any rights of inderurification of such person, with respect to any
acts or omissions that occurrcd prior to such repeal or amendment All rights to indernnification
under this Article shall be deemed to be provided by a contract between the.Association and each
party covered hereby.
t.l3 Indeunificetion of Agcnts. The Association shall have &e right, but shall not be
obligatd to inde,mnifi any agent of the Association not othenrise covered by this Article to the
fullest qrtent permissible by the laws of Colorado. Unless othennise providd in any sepamte
indemnification arrangemen! any such indemnification shall be made only as authorized in the
specific case inthe mannerprovided in Section 8.3.
E.14 Sevings C'teuse; Limitation. If this Article or any Section or provision hercof shatl
be in/alidatedby my courtonany grord orifthe Colorado Nonprofit C;orporationAct is amended
in such a way as to affect this Articlg then the Association shall nevertlreless indemni& each party
otherwise entitled to indemnification heteunder to the fullest erdent pemritted by law or any
applicable povision ofthis Article that shall not have been in/alidarcd.
g. MISCELLAT{EOUS.
9.1 Amendment of Bylaws. The Board of Directors shall not have the power to alter,
amend or repeal these Bylaws or to adopt new Bylaws. The Members, at a meeting called for that
purpose, shall have the sole powerto alter, amend or repeal the Bylaws and to adopt new Bylaws
by a majority of votes prcsert at the meeting and entitled to vote hereunder, if a quonrm is prcsenL
The Bylaws may contain-any provision for the regulation or managernent of the atrairs of the
Association not inconsistent with la% the Declaration or the Articles of Incorporation-
Notwithstanding anything to the contrary contained hercin, prior to the termination of the
Declarant's Control Perio4 these Bylaws shall not be amended without Declarant's prior written
consent and approval.
9.2 Compensation of Officers, Directors and Members. No Director or Officer shall
have the rightto receive any compensation fr,om the Association for serving as nrch Directorexcept
for reimbursement of ocpenses a:i may be approved by resolution of disinterested membcrs of the
Board of Directors.
93 Books and Records. The Association shall keep correct and complete books and
records of account and shall k*p, at its principal office in Colorado, a record of the names and
addresses of its Members, including Declarant, and copies of the Declaration, the Articles of
lncorporation and these Bylaws which may h ptrrchased by any Member at reasonable cost. All
bqolc and records of the Association, including the Articles of Incorporation, Bylaws as amended
and minutes of meetings Members and Directors may be inspected by any Member, or his agent or
r8
Exhibit 23 Pags 24
aftorney, and any Lirst Mortgagee of a Merrber for any proper pupose. The right of inspection shall
be subject to any =asonable rules adopted by the Board of Directors requiring advance notice of
inspection, specif;'ing hours and days of the week during wtrich inspection will be permitted and
establishing reasonable fees for any copies to be made or furnished-
9A Annud Report The Board of Directors shall cause to be prepared and distribnted
to each Memberand to each First Mortgagee who has filed awritten rcquest thercfor, not later than
ninety (90) days after the close of each fiscal year of the Associatioru an annual report of the
Association containing:
(a) anincome statementreflecting income and ocpenditures ofthe Association
for.such fiscal year;
O) a balance sheet as of the end of srch fiscal year;
(c) a stat€Nnent of changes in financial position for such fiscal year; and
(O astatement of the place ofthe principal office of the Association wlrere the
books and rcaods ofthe Association, including a list of names and addresses of current Members,
may be found.
The financial statemens of the Association shall be reviewed by an indcpendent
pnblic accountaot and a report based upon such rcview sball be included in the annual rcport.
95 Stetement of Account Upon writrcn request of an Ovrner of a Lot or any person
with any rigbt, title orinterest in a t ot or intending to acquirc any righq title or interest in a Lot, the
Association stull funish a written statement of account setting forth the amount of any unpaid
assessenB, or other amounts, if any, due or accrued and then unpaid with respect to the Lot, the
Ounrer of the Lot and the amount of the assessments for the curent fiscal period of the Association
payable with respcct to the Lot Such statement shalt be issued within fourteen (14) business days
after receipt of nrch r€$rcst by the Association an4 with respect to the party to whom it is issue4
shall Ss conclusine againsthe Association and all partie+ for all purposcs, that no greater or other
amormts were then due or accnred and unpaid and that no other assessments have then been lerried.
9.6 Bicnniet Corponte Repora. The Association shall file wi& the Secreury of Sarc
of Colorado, wiftin the time prescribed by law, bienniat Corporate reports on the forrns prescribed
and fumished by the Secrctary of Stane and containing tbe information required by law atd shall pay
the fee for suchfilirg as prescribed by law.
9.7 Filcrl Yeer. The fiscal yea ofthe Associaion stralt begin on January I and end the
succeeding Deceraber 31, except that the first fiscal year shall begin on the date of incorporation.
The fiscal yearmay be changed by the Board of Directors witlrout amending these Bylaws.
l9
E ftibit ?lPagez$
9.t Scel. The Board of Directors may adopt a seal which shall have inscribed thereon
the name of the Association and the words "SFAI " and "COLORADO."
9.9 Sharcs of Stockend Dividends Prohibited. The Association shall not have or issue
straes of stock and no dividend shall be paid and no part of the income or profit of the Association
shall be distributed to its Members directors or offEcers.
Nonrithstandfuig the foregoing paragraph, the Association may issue certificates
widencing membership thercrq may confer benefie upon its Me,mbers in conformity with its
purposes an4 tryondissoltrtionorfiral liquidation, may make distribtrtions as permitted by laq and
no such paSpment benefit or disnibrtrion ilall be deerned to be a dividend or distribution of income
orprofit
9.10 Loans to Dircctors and OfEcers Prohibited. No loan shall be made by the
Association to any Director orofficer, and any Director or office-r wlro assents to or participate in
the making of any such loan shall !s liable to the Association for the amount of such loan until the
r€pa]rnent thereof.
9.ll Limitcd Liability. As provided in the Articles oflncorporation and Declaration, the
Association, the Board of Directors, Declarant, and any Member, agent or employee of any of the
same, shall not be liable to any Person for any action or for any failure to act if the action taken or
failure to act was in good faith and without malice.
9.12 Special Rights of First Mortgagees. Any First Mortgagee of a Mortgage
enbumbering any tot in the Subdivision, upon filing a written request therefor with the Association,
shall be entitled to:
(a) receive uritten notice fr,om the Association of any default by the Mortgagor
of such Lot in the performance of the Mortgagor's obligations rmder the Declaration, the Articles
of Incorporation, these Bylaws or Rules and Regulations, which default is not cured within sildy (60)
*iys after the Association learns of such defaulq
(b) examine the books and records of the Association during normal business
hours;
(c) receive acopy offinancial statements oftheAssociation including any annual
financial statementwithinninety (90) days following the end of any fiscal yearofthe Association;
(d) receive written notice of all meetings of Members;
(e) dcsigDate a representative to attend any meeting of Members;
20
Erhibit 2i! Pagp 26
(0 receive writrcn notice of abandonment ortermination of the Declaration;
(g) receive ttrirty (30) days' rvritten notice prior to the effective date of any
proposed, material amendmeot to the Declaratioq thc Articles of lncorporation or thcse Bylaun; and
(h) receive immediate uritteo notice as soon as the Association receives notice
or othenrrise leams ofany daurage to the Association Properties ifthe cost ofrcconstnrction orceeds
Ten Thousand Dollars ($10,0fi).00) and as sq)n as the Association receives notice or otheirrise
learns of any condemnation or eminent domain proceedings or other proposed acquisition with
rcspect to any portion of the Associxion Properties.
9.13 Minutes end Prcsumptions lheneunder. Mnutes or any similar record or the
rnoetings of Members, or of6e Boad of Direcfior* ufren signed by the Sccrffiy or acting Seq€tary
ofthe meeting, shall be presumed to tuthfirlly evidence the matters set forth ther€in. A recitaion
in any such minrres tha notice ofthe meeting was properly gven shall be pima frcie evideirce that
thc notice was given
9.14 Rccord of Mortgag3c. Undcr tte Declaratiou, First Mortgagees harrc certain speciat
rights. Thereforc, any srch First Mortgagee or, ulxrn the faihne of nrch First Mortgagee, any
Memberufro has qeated or granted a First Mortgage, shall give written notice to the Association,
though its lvlanager, or through the Secretary in the event therc is no lUarlager, wtrich notice shall
give the narne and ad&ess of the First Mortgagee and describe the [,ot encumh€d by the First
Mortgage. The Association shall mainain such information in a book entitled'Record of First
Mortgageson[.ots.- AnysrchFirstMorqageeorsuchMembershalllikewisegivewriuennotice
to the Association at the time of release or discharge of any such First Mortgage.
9.15 Ctcck$ Drefts end Docuuen6. All checkq drafts or other orders for payurent of
money, notes or other evidelrces of indebtedness, issud in the name of or payable to the Associatiou
shall $s signed or endorsed by such penron or penxrns, and in such manner as, from time to time,
shall be by resolution of the Board of Directors.
9.f6 Exccntion of Documents. The Board ofDireors, except as these Bylaua othenrrise
provide, may authorize any officer orofficers, agentoragents, to enter into any contractor execute
any insrnrment intre BaBe and on behalf of the Association, and srch authority may be general or
confined to specific instances; and unless so arlborized by the Board of Directors, no officer, agent
or employee shell ftayg any power or authority to bind the Association by any sontract or
engagement orto pledge its credit or to rcnder it liable for any purpose or in any amount
2t
E 6ibit 2lPaga27
CERTIFICATE OF SECRETARY
I, the uodersigred, do hereby certiff that:
l. I am the duly elected and acting Secretary of The Rapids on the Colorado
Homeowners Association, a Colorado non-profit corporation ('Association"); and
2, The foregoiirg Bylaws, comprising22pages including this page, constinrte
the Bylaws of the Association duly adopted by unanimous consent of the Board of Directors of the
Association
IN WffiNESS WHEREOF,I have hereuoto subscribed my hand and affixed the seal of rhe
Association this J7fl, daV of /Tlaflt . ,199?7 .
(sEAL)
22
E fiibft ?flPago20
AnncuES OF lxconpoRATloN
Or
Tt{E RlplOs ON TtlE COUOmOO HOnEowNERS ASSoclATloN
ARTICI,E I.
NAI}TE
Tb namc of this Corporatioo sh'll bc THE. RAPIDS ON THE COLORADO
HOMEOWNERS ASSOCI,ATION.
ARTICI,E IL
I'I,RATION
The tcrm of exisencc ofthis Corporuion is pcrpctnat.
ARTICI,E IIL
PT'RPOSES .
' Tbc bttsincss, objcctg and prrpoees forufrich the Corporaioo is forocd T rt follows:
l. Tobcaodcon*itnctbcHoocowncrsAssociatiootowhichrefereoce ismadc
in thc Prorcctive Covcoaats for The Rryids ou the Colorado Subdivisioo ('subdivisioo') and any
srylcmcut ecrao ('Dcclaration) rordcd in tbc records oftbc Clcrk and Recordcr of the County
ofCnrfa( Colorado, aod to pcrforo att obtigations and dntics of the Associition and to exercise
aU dglic urd pouers ofthe Associatioo-
. 2. To provide for mainteaancc aod prescrvation of.the Subdivision includiog tbc
oaintcnancc and repair, for the bcac6t of dl oe,mbers hsreiq aII comoon open spa6i areas
contained within thc Subdivisioa
' 3. To operac'od oaimin tbc domestic uratcr uEaheot and disnibutioa qysttm
and dl facilitics appurtcolt therao
' 4. To promotg fostcr and advance the health, safety and wclfare of residcnts
withiDthc Subdivisiou
' 5. To caforpc cov€od* re*iaions, conditions and equitable scrvihrdes
afrcctiEg the Subdivisiou.
PaSc I ofS
kdcl6 otlrc*pata
Tfu @tdt oatlpColtdo Honuowtst Asetutbn
Exhlbit 23 Page 29
: 6. To makc and cnforcc rules aad regulatious with respect to tbc usc of lots
t"itlin thc Subdivision, as p,rovidcd in thc Dcclaration.
7. To establisb and raaintain the Subdivisiou as property of higb quality and
value and to cuhancc and protcct its value, dcsirability aud atuactivcness.
ARTICI,E W.
POWERS
The Associarion shall bave all of the rights, privilegcs and porrrers rcw or srbscqgarrly
confened on DoeproEt corporations by the laur of Colorado. Thc Corporaion shatl havc and ray
qercisc all porus Dcccssary orcoavcnieot to eftct any of tbc purposes for ufiich tbc Corporation
was organizcd"
ARTTCI,E V.
MEMBERSEIP
I. This Corporation shall be a oembcrship Corporatioo withou ccrtificarcs or
sharcs of stoclg Eyny owucr of a subdivision lot, including thc Developcr, shrlt bc a manber.
2. 'F ch lot within thc Subdivisioa shall bane one (t) vote. Wbcn me tban one
(l) pcrsoo bolds a ocmbership, thcy may appoint one (t) sf their co-membcrs as ForV to cast the
votc forthat mcobcrship. Such votc shell !s cast a:r the ormcrs tbcreof agce, but in Do evcnt shall
more than orc (l) voa pcr grstion bc cast with respect to any oD€ (t) lot tf tbe co-ocobcrs canot
agrac as to ttc Eaotrcr in ufrich their votc should be cast wheo called upon to votc, 6cn thcy will
bc treatcd as having.abstaiood-
3. A ncmbcrship in thc Corporuion and tbc shac of a membcr in &c asscts of
the Corporaion sball not be assipe4 enctmbcred or mosferrc{ in aay rnaurer cxccpt as
appurtcoant tb tbc tansfcr of title to thc lot to ufrich the membcrship pertaios; providc4 borsever,
thc rights ofmcmbctshipmay bcassigDed to thc boldcr ofa mortgagg deed oftus aofusccurity
instruncot on a lot as fintbcr secrdty for the loan secured by a lico on nrch.lol
4. A bansfcr of membcrship shall occur autonaticatly upou tbc uaosf,er of title
to the lot to uAic,h thc ocobcrship pcrtains; psovideq bowwer, tbc Bylaws of thc corporarion may
coatainrcasooablcp,rovisionsandrcquircEcots withrcspcctto recording srch tansftrsmtbe books
and recods of thc Corporaioa
5. Thc Corporation Eay srspeud the voti.g rights of a mcmber for failnre to
comply witb tbcrulcs od Egulatioos oftbc Corporatiou orwitt ay otbcroblig.rtioosof&c owucrs
of any lot rmder the Dechatioo. !
Artbls of lrc*p'aioa
17u Rql& oa tb Cdtdo Hoaunuss rlssxialon Pagc 2 of 5
Exhibit 2i pagre 30
-
-+
6. Thc Bytanr oay comaia pr,ovisions sct&tg fortb tbc tigat* privilcgc+ dutics
aod responsibilities of thc mcobers.
ARTICLE YI.
BOARD OT DIRECTORS
l. lbc brsiocss ad affrirs of tbc Corporatiou shall bc condrrro( --naged and
conbolled by a Board of Directors Ths Boad of Dircctors shall coosist of aot less rh'n t*o @) nor
more than five (5) membcn, tbc spocific numbcr to bc sct forth frou timc to tiEc iD tbc Bylaws of
thc Corporation Thc drries, gualificationa tcnn of officc aod thc lnarncr of tbcir elestioq
appointment and removzl shall bc as set fodh i! thc Bylaws
2. Ibc rnnes and addresses ofthc mcobers oftbe first Board of Direacs n6o
sball scrve util the firs ctecriou of Directors aud rmtil tbcir successors are duly eleicd @d qualificd
are alr follows:
CrcoeR Hiltoo
llff#ffitr#
Wd;Tg;**
Lhlaou, CO 80120
Aoy rracaaoies in tbe Board of Dircctors occrrting bcfore tbe first electiou of Direaors qhtll bc Eltcd
by tbe remaining Director.
ARTICI,E VII.
OFFICERS t'
Thc Boad of Directors ehnll 6tsct fio6 among tbco a pesidcoi aod sccrarn ad may also
clect, but not neicssarily &om amoug thclu, onc (I) or Borp vico-prcsidcotq a treasner aad srch
othcr offces as thc Boad bclierrcs will be in tbc bcst interest of the corforatioo. The officcrs shall
have srch dutics and scrve for srch t€rus of officc as shall be prescribcd iD the Bylarvs of the
Corporation , .
ARTICLE VIIL
IIiIDEMNIHCATION .OT I'IRECTORS
Artbks of lts*Vuotoa
nE @idt ontluColdo Homcovwt Assetaioa Page 3 of 5
ErhllrL llll 6aaa ltl