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Ironbridge
Preliminary Plan
Application
Yolume I
July 261 2005
APPLICATION FOR PRELIMINARY PLAN
Ironbridge Planned Unit Development - Phase II
Background
The following Application for Preliminary Plan approval is submitted by and on behalf of
LB Rose Ranch LLC (hereinafter, "Applicant") and requests a re-subdivision of those parcels of
real property previously subdivided as blocks and identified within the Amended and Restated
Final Plat , Ironbridge Planned Unit Development, Phase I as Golf Course Parcel6, Phase I;
Phase II Future Development (Lots 62-59); Blocks 1,2 and 3, Phase II; Block 2, Phase III; and
Block 4, Phase IV (collectively, the "Phase II Property''). Golf Course 6 is zoned Gof€@
Phase II, Future Development is zoned River Residential I and2; Block 1, Phase II and Block 4,
Phase [V are zonedMediulqDasity Residential and Blocks 2 and 3 Phase II are zoned €ffi
Villas The Phase II Property is subject to all applicable terms, conditions and provisions set
forth within the following zonrng and subdivision resolutions of approval issued by the Board of
County Corrrnissioaers forGarfield County, Colorado (hereinafter, "BOCC"), to wit:
l. Planned Unit Dovelopment zoning approval pursuant to BOCC Resolution No.
98-80, heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado on September 09, 1998 as ReceptionNo. 531935;
2. Amendment to Planned Unit Development zoning approval pursuant to BOCC
Resolution No. 99-067, heretofore recorded in the records of the Clerk and Recorder for
Garfield County, Colorado on June 06, 1999 as Reception No. 546856;
3. Preliminary Plan subdivision approval pursuant to BOCC Resolution No. 99-068,
heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado on June 08, 1999 as ReceptionNo. 546857;
4. Amendment to Planned Unit Development zontng approval pursuant to BOCC
Resolution No. 2004- 20, heretofore recorded in the records of the Clerk and Recorder
for Garfield County, Colorado on February ll , 2004 as Reception No. 646387;
5. Preliminary Plan subdivision approval pursuant to BOCC Resolution No. 2004-
21, heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Colorado onFebruary 11,2004 as ReceptionNo. 646388; and
6. Amended and Restated Final Plat, Ironbridge Planned Unit Development, Phase
l, heretofore recorded in the records of the Clerk and Recorder for Garfield County,
Application for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
page t
f,, l,
i",l;' =S .:-"Vg#
d.to
Colorado on June 16,2OO4 as Reception No. 654210 (hereinafter, "Final Plat").
Approval of this Application is sought for the following purposes:
a. to facilitate the development of the Ironbridge PUD in accordance with its
phasing schedule;
b. to allow the platting within the Ironbridge PUD of twenty (20) affordable
dwelling unitsl; and
c. to subdivide for future conveyance to the Roaring Fork Water and Sanitation
District (hereinafter the "District") the parcel previously identified for location of the
District's proposed surface water treatment plant.
Relevant to the structure of this Application, the following points are of note:
1. Preliminary Plan processing of these separate block filings is expressly authorized
under its planned unit development approval (ResolutionNo. 2004-20, Paragraph 3.8'2);
and
2. Pursuant to Section 4.08.01 of the Garfield County ZonngResolution of 1978, as
amended, this application for Preliminary Plan is submitted coincident with an
application for amendment to Planned Unit Development zoning for Planning Areas 19
and22- the zone districts incorporating Phase fV, Block 4 andPhase II, Block 1,2 and3
respectively.
4:40 SUBMITTAL REQUIREMENTS
4:41 The Preliminary Plan submittal shall contain an applicationform, map(s), and
required ailditional anil supplemental information. All documentation shall be of
sufficient iletail and clarity to answer basic engineering questions and to permit
evaluotion of the application. Detailed construc'tion, engineering and design plans will
be ileveloped at the time of Final Plat submittal
4:42 Unless otherwise speciJied, ftraps and plans shall be to scale as follows:
Subdivision Lot Are Scale
Less than 101000 sq. fr. 7"50' or less
I Urda tle approvals above set forth, Applicant would have the discretion to locate ten ( 10) of said
affordable dwelling units off-sirc.
App lication for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
Page 2
10,001 sq. ft. - 2 acres
2.01 acres or tnore
4:50 PRELIMINARY PL/IN MAP
App lication for Preliminary Plan Approval
Ironbidge Planned Unit Development - Phase II
A
The Prelbninary Plan map shall show the entire area proposed for subdivision on one
(1) sheet, if practical, at a size of 24" x 36". The ruap shall incluile thefollowing
information:
Name of the proposed subdivision, which shall be dilferent from thot of any
subdivision previously recorded in Garfield County.
Response. The name of the proposed subdivision is: Ironbridge Planned Unit
Development - Phase II.
Date of preparation of the map, graphic scale, basis of bearing and symbol
designation North, certifted by a Colorado tegistereil professional santqtor;
Response. See, Preliminary Plan for Ironbridge Planned Unit Developmelrt -
Phase II prepared by High Country Engineering, Inc. (base date of 08125105)
(hereinafter, "Preliminary Plan"), provided herewith (Tab 1).
Boundary lines with bearings and distances, survey ties and legal description of
the proposed subdivision ;
Resoonse. See, Preliminary Plan (Plan 1-3).
Names, addresses and phone numbers of the owner(s), applicant(s), plannet(s)
and engineer(s) lor the proposed subdivision; names and addresses of mineral
owners and lessees of mineral owners of record of the proposed sabdivisions'
and of thetenants of any structareproposeilfor conversionl
Response. See, Preliminary Plan (Cover Sheet and Plan 1). No tenancies or
structures are proposed for conversion.
Vicinity map from U.S. G.^S. quadrangle at a scale of I ":2000' depicling the
location of streets, highways and adjacent utility systerns within a minin urt
one-half (Yz) mile of the proposed subdivision and showing the natural drainage
coursesfor streamsflowing through the proposed subdivision with the limits of
tributaty areas shown where reasonable;
Response. See, Preliminary Plan (Cover Sheet).
7 t'=100' or less
1":200' or less
E.
Page j
' F. Departing property lines, names anil adilresses of owners of record of oll
parcels adjoining and within two handred (200) feet of the proposed
subdivision, incluiling those separated by a public right-of-way;
Response. See, Preliminary Plan (Plan l-3).
G. Street, block and lot layout within the proposed subdivision, including the
approximate area of each lot;
Response. See, Preliminary Plan (Plan 1-3).
H, Proposeil easementstor drainage, irrigation, access and
Response. See, Preliminary Plan (Plan 1-3).
I. Standard lot setbacks, which may be indlcated by map notel
Response. See, Preliminary Plan (Plan l-3)
Pursuant to Application for PUD Amendment, above referenced, Applicant has
requested that the Front setback in Medium Densrty Residential be reduced from
twe,nty feet (20') be reduced to ten feet (10').
J. Land use breakdown showing:
1. Ertsfing zoning and proposed zoning change, if applicable;
Response. Existing and proposed zoning changes are set forth within the
application for PUD Amendment, above referenced.
2. Total development areal
Response. 81.384 acres; See, Preliminary Plan (Plan-1)
3. Total number of lots proposed;
Response. 173; See, Preliminary Plan (P1at-1)
4. Total number of dwelling units proposed;
Response. 173; See, Preliminary Plan (Plat-l)
5. Total area of non-residentialfloor space;
Response. None is proposed.
6. Total number of individual dwelling units proposed for each structure;
Response. 173; See, Preliminary Plan (P1at-1)
7. Total number of proposed otf-street parking spaces;
Response. (2) per Lot
8. Total gross density proposed, number of dwelling units as a ratio to the
total developm ent area.
App lic ation for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
page 4
Response. .470 acres per unit; .See, Preliminary Plan (Plat-l)
K Existing contours with thefollowing minimum contour intervals:
1. Two foot (2') contour intervalfor subdivision with any lot less than two
(2) acres in size
Response. See, Preliminary Plan GRO through GR6).
2. Fivefoot (5') contoar intervalfor subdivisions with all lots being at least
two (2) acres in size;
(A note shall be included noting the origin and datum of topography.)
Response. N/A
L. Corumon open space not reserved or dedicateil to the public;
Response. All corrunon areas/open space within the Ironb,ridge PUD have
been conveyed to the Ironbridge Property Owners Association, Inc. under the
Finat Plat. No additional cornrnon areas/open space dedications or reservations
are contained within the subject properties.
M, Sites to be preserved or dedicateilfor pablic parks, schools and other public
buililings, facilities or use;
Response. Excluding internal roadways - which are to be dedicated to
Garfield County andmaintained by the Ironbridge Property Owners Association,
Inc. - no further dedications to the public are addressed under this Application or
are contained within the subject properties.
N. Approximate street grades and road centerline radii of curvature ilata; and
Resoonse. See, Preliminary Plan (PPO through PP13).
O, Any uisting easentents, along with the name(s) and address(es) of the entity
having an easernent and legal description of those easetnents.
Response. See, Preliminary Plan (Plan l-3).
4:60 ADDITIONAL INFORMATION
Thefollowing information shall accot tpany the Preliminary Plan:
Application for Preliminary Plan Approval
Ironbidge Planned Unit Development - Phase II
page 5
A. Proposed terms of reservations or deilication of sites for public and/or common
facilities or use, if any;
Response. See, Responses to 4:50 M. and O., hereinabove. All roadways
shall be dedicated to the public; provided however, that the property owners
association, Inc. shall be responsible for all maintenance costs therefore. The
rights and obligations of each Lot owner relative to his or her pro rata obligation
of such road maintexunce costs as well as to the rights of use and payment of
costs relating to his or her use of the cofirmon elements and facilities contained
within the Ironbridge PUD are set forth within the RESTATED DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS A}iD EASEMENTS FOR
IRONBRIDGE, heretofore recorded in the records of the Clerk and Recorder for
Garfield County on March 18, 2003 as Reception No. 623133, a copy of which is
provided herewith (Notebook Tab 2).
B. Description of any proposed phasing plan, if any;
Response. Applicant proposes to phase platting ofthe Phase II Property as
follows:
Filing 1 - Block 4, Phase IV: Lots 172-209 aad225; Block 1, Phase II:
I-ots 297-316; Golf Course Parcel 6 and Phase II Future Development:
Lots 84-89 (2005 -2007);
Filing 2 - Block 4, Phase fV: Lots 2lO-224 and226-249and Phase II
Future Development: Lots 62 (Sopris Lots), 82 and 83 (fuver Lots) (2006-
2008); and
Filing 3 - Block 2, Phase II, Block 3, Phase II: Lots 250-270; Block 2
Phase III: Lots 271-296 and Future Development: Lots 63-70,80 and 8l
(River Lots), LotsTl-79 (Sopris Lots) (2006-2009).
C. Evidence that all lots and parcels createil will have access to a public right-of-
way, as required by Colorado state lm;
Response. See, Preliminary Plan (Plat-1-3).
D. Total number of proposed off-street parking spaces, exclading those provided
for single-family resiilential use;
Response. See, Response to 4.50.J.7., above.
App lication for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
page 6
E. Evidence that all areas of the proposeil subdivision, which may involve soil or
topographical conilitions presenting hazards or requiring special precautions,
have been identilied, and the proposed uses of these areas are compatible with
such conditions;
Response.
1. Geotechnical. Applicant's Geotechnical analysis is set forth within the
following documents:
A. PRELIMINARY GEOTECHMCAL STUDY, ROSE RANICH
DEVELOPMENT, COI.JNTY ROAD 109, GARFIELD COUNTY,
COLORADO, prepared by Hepworth-Pawlack Geotechnical, Inc. on
October 29, lgg7 (Job No. 197 327), provided herewith (Tab 3);
b. SUPPLEMENTAL GEOTECHMCAL STUDY EVALUATION OF
SINKHOLE REMEDIATION ROSE RA}.ICH DEVELOPMENT,
COUNTY ROAD 109, GARFIELD COUNTY, COLORADO, prepared
by Hepworth-Pawlack Geotechnical, Inc. on February 12, t998 (Job No.
197 327), provided herewith (Tab a);
c. Correspondence from Eldon Von Ohlen, P.E., of EVO Consulting
Services, Inc. to Garfield BOCC of Con:rnissioners and Staffof February
12,1998, provided herewith (Tab 5);
d. SUPPLEMENTAL GEOTECHMCAL STUDY EVALUATION OF
COLLAPSE POTENTIAL, ROSE RA}ICH DEVBLOPMENT, COUNTY
ROAD 109, GARFIELD COUNTY, COLORADO, prepared by
Hepworth-Pawlack Geotechnical, Inc. on September 10, 1998 (JobNo.
197 327), provided herewith (Tab 6);
C. PRELIMINARY GEOTECHMCAL STUDY PROPOSED
IRONBRIDGB, PHASE 2, COUNTY ROAD 109, GARFIELD
COUNTY, COLORADO, prepared by Hepworth Pawlack Geotechnical,
Inc. onMay31,2005 (JobNo. 105 115-4) providedherewith(Tab7); and
f. PRELIMINARY GEOTECHMCAL STUDY PROPOSED
RECREATIONAL FACILITIES IRONBRIDGE DEVELOPMENT, 4 1 O
IRONBRIDGB DRIVE, GARFIELD COUNTY, COLORADO, prepared
by Hepworth Pawlack Geotechnical, Inc. on June 30, 2005 (Job No. 105
115-3) provided herewith (Tab 8)
App lic ation for Preliminary Plan Approvat
Ironbidge Planned Unit Development - Phase II
page 7
2. Wetlands. All of the subject Lots are located outside ofjurisdictional
wetlands as confirmed under the reports prepared by Professional Wetlands
Consulting, Inc of May 30, lggT and November 25,1997, provided herewith (Tab
e).
F, Radiation evaluation for areas of potential railiation hazard to future land ase;
Response. Applicant's radiation analysis is set forth in the correspondence
from Steven L. Pawlack, Hepworth-Pawlack Geotechnical, Inc. to Mike Staheli,
LB Rose Ranch LLC of March24,2OO3, re: Radiation Potential, Rose Ranch
Development, Garfield County, Colorado, provided herewith (Tab l0).
G. A title comtnitmentfor property to be developed; and
Response. See, Land Title Guarantee Company, Cormnitment for Title
Insurance, provided herewith (Tab 11).
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, WGETATION AND
II4ILDLIFE
Information on thefollowing characteristics of the area proposedfor subilivisions
shall he shown graphically anil/or by reports, whatever is appropriatefor a complete
description of *isting conditions, and shall include:
A. Geology - Description and/or illustration by a registered professional engineer
licensed by the State of Colorailo of beilrock lithology anil the stratigraphy of
overlaying unconsoliilated materials in sulftcient detail to indicate any potential
development problems resulting from groandwater, subsidence, instability in
road *cavations and ills, expansive soils, ilrainage patterfis, struciural beating
strength, or the like;
Response. See, Applicant's response to 4:60(E), above'
B. ^Soils - Map anil description of soil types and their boundaries based on the
National Cooperative Soil Sun'qt, U.S.D.A. Soil Conservation Sert'ice, and
including a table of interpretations;
Response. See, Applicant's response to 4:60(E), above
C. Yegetation - Map anil description of plant associations following praclices of
the Soil Conseryation Service and incluiling a ilesuiption of adapted materials
Application for Prelirninary Plan Approval
Ironbridge Planned Unit Development - Phase II
page g
and the location of rnaior tree masses; and
Response. Applicant's analysis under the above is set forth within the
Existing Conditions Map prepared by High Country Engineering, Inc (February,
1998) and free Inventory & Analysis prepared by Norris Dullae Company
(Junet7, 1997), provided herewith (Tab 12).
D. mldw- Description of wiktffi habitation, including big game ruilges based on
the mapping practices of the colorado Division of wildlifa
Response. Applicant's analysis under the above is set forth within the ROSE
RANCH WILDLIFE REPORT, prepared by Kirk H. Beattie, Ph.D, Beattie
Natural Resources Consulting, tnc. (September 26,lgg7), provided herewith (Tab
13).
4:80 ST]PPLEMENTAL INFORMATION: DRAINAGE PL/IN
A drainage plan, at the sarne scale as the Preliminary Plan anil prepated by an
engineeireg*tered in the State of Colorado, shall itepiA thefollowing information in
graphic aniVor written torm:
A. Existing water courses anil lakes;
B. Limits of tributary areas' whete praclical;
C. Computations of expec'ted tribatary Jlows; and
D. Des@n of drainage facilities to prevent storm waters in excess of historic tun-
offfiom-entering, itamaging orbeing carrieilby acisting drainagetacilities,
inito pr"veot iajor ilamage orflooiling of residences in a one hundred (100)
year stortn, showing:
1, Area subiect to inundation; and
2. Location and size of proposed culverts, bridges, ditches and channels.
Response. Applicant's analysis under the above is set forth within the following
identified documents:
1. STORMWATER MANAGEMENT PLAN FOR IRONBRIDGE P.U.D,
GARFIELD COUNTY, COLORADO prepared by High Country Engineering,
Inc. on July I l,2OO5 (HCE Job Number 2051019.00), provided herewith (Tab
l4); and
2. REVISION OF FINAL DRAINAGE REPORT FOR IRONBRIDGE P.U.D.,
PHASES 2,3 and4, GARFIELD COUNTY, COLORADO prepared by High
App lication for Preliminary Plan Approval
Ironbridge Planned Unit Development' Phase II
Page 9
country Engineering, Inc on July 15, 2005 (HCE Job Number 2051019'00-0417)'
provided herewith (Tab l5)
See Also, Preliminary Plan (GR0 through GR6 and PPsso through PPssl0)
Section 4:91 A water supply plan, a the sun e scale as the Preliminary Plan, shall provide the
foltowinginformationingruphicand/otwrittenform:
A. In all instances, evidence that a water supply, sufftcient in terms ol qaality,
quantity and dependability, shall be *a{lott" to ensure an ailequate supply of
waurfor the pioposed sib,dtvision. Such atiilence may include, but shall not
be limited to:
1. Evidence of ownership or right of acquisition or sue [sicJ of *isting anil
proposedwatet rights
Response. The subject properties shall utilize the water and water rights more
f,-ig-*fy described ri,itni" the decrees entered by the water court (District
Cogrt, Water Division 5, Colorado) under Case Nos. 96CW319,97CW236 and
OOCWO19. Copies of the water court decrees hereinabove identified are provided
herewith (Tabs 16, 17 arrd 18). All required portions of_the.9e. water rights needed
to providi domestic water service through the District' facilities have been
dedicated and'conveyed to the Roaring Fork Water and Sanitation Disffict
(hereinafter, "DistriJt") under the Applicant's Pre-Inclusion Agreement provided
herewith (Tab 19).'z
2, Historic use and estfunateil yield of claimeil water rights.
Response. An analysis of the historic use and estimated yield of the above
idenrffiwater rights is set forth within the report prepared by Zancanella and
Associates, Inc of-Febnutry 20,1998 re: Rose Ranch - Water Supplyprovided
herewith (Tab 20)'
i, Amenability of *isting rights to change in usa
Response. All legal changes required to apply the water lghts hereinabove
identffied to the domestic, irrigation and other uses required by the Rose Ranch
Su6ivision under this Application were heretofore approved by the water court
under Case No. 97CW236.
2 Th"sewater ights are delineatedwithin Article II of the District Water Agreement.
Application for Preliminary Plan Approval
Ironbnd7e Planned Unit Development' Phase II
Page 10
4. Evidence that pablic or private water owners can and will supply water
to the proposed subilivision by such providers, the feasibility of
actending service to the area, proof of the legal depenilability of the
proposed water supply and the representation that all necessary water
rights have been obtained or will be obtained or adiuilicated, prior to
submission of theJinal plat; and
Response.
A. The domestic water supply for the subject properties can and will be
supplied by the District. The Ironbridge PUD in its entirety, ha" been included
within the District for the purpose of receiving from the District water and sewer
service. A copy of of the District Court Order including the Ironbridge PUD for
the purpose of providing domestic water and sewer service is provided herewith
(Tab 2l).
B. Extension of District water service to the Ironbridge Subdivision is
feasible. All infrastructure improvements (main lines, tanks and capacity)
required to extend District Service to the Ironbridge Subdivision have been
constructed and are in place. The ffiastructure necessary to serve the subject
properties is set forth within Preliminary Plan (MUO through MU4 and PPSSO
through PPSSl0).
C. Legal dependability and water rights. The adequacy of Applicant's water
rights and the dependability of the same have been adjudicated and confirmed as
such by the Water Court under the Court decrees above identffied. See Also,
Correspondence fromDick Wolfe, P.E., Office of the State Engineer to Tamara
Pregl, Garfield County Building and Planning providedherewith (Tab22).
5. Evidence concerning the potability of the proposeil water supply for the
subdivision.
Response. The District's water system is a Community Water Systern duly
permitted by the Colorado Department of Public Health and Environment (Permit
No. PWSP 123125). Past water quatlty tests are provided herewith (Tab23).
B. If a central supply and distribution system is to be proviiled' a general
description of the system, as designed by a Colorado registered engineen
Response. All desigu requirements instant to the supply and distribution
slnternhave been reviewed and approved by the District's engineer and the same
have been incorporated within the Pre-Inclusion Agreement as approved plans
Applic ation for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
page t I
and specifications (Exhibit G of District water Agreement).
In addition:
l. Nature of the legal entity which will own and operate the water system;
and
Response. The District is a Colorado special district formed and functioning
under authorityof colo. Rev. stat. $$ 32-l-lol et. seq. (west Supp. 1998).
2. Proposed methoil offi.nancing thewater system'
Response. Construction of the water system for the Rose Ranch Subdivision'
(ptrfrgrhas been conpleted and all security for the same released under the
subdivision improvements agreement under the Final Plat. All connection and
other charges owed to the District system have been paid by Applicant. Al1 future
infrastructure necessary to serve future phases within the Rose Ranch Subdivision
will be constructed by Applicant and bonded under the applicable subdivision
improvemeirts agreements with Garfield County.
C. If conneAion is to be made to an *isting water system, a letterfrom an
authorized representative of said system stating that the proposed development
wilt be tr*ri, and evidencefrom either the Colorado State Engineer's Office
or Water Court, Water Division No. 5, that the existing water systeru presently
possesses an adequate legal water sapply to serve the proposeil ilevelopfirent-
Response. As stated above, the subject properties have been included within the
District. See also Responses lo 4:91A.4.e., above, and 4:918, ffia.
E. If applicable, a Plan of Augmentation and a plan for subtlivision water
iupplies, as requireil by lav', with the supporting engineering wotk signed by a
Ciioraito registered engineer, shall be submitteil by the applicant, even if the
applicant is not the actual supplier of waten
Response. All water rights to be utilized by the District in the provision of domestic
water to the Rose Ranch Subdivision are fully decreed and augmented under the decrees
entered by the District Court, Water Division 5 in Case Nos. 96CW319,97CW236 and
00CW019, hereinabove set forth. The engineering work supporting said decrees is
contained within the report prepared by Zancanella and Associates, Inc of Februaty 20,
1998, hereinabove set fotth.
Section 4:92 A sanitary sa4tage disposal plan, at the sante scale as the Preliminary Plan,
Application for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
Page I 2
shall provide thefollowing information in graphic and/or written form:
A. If a public sewage ilisposal system is proposeil evidence tha! W2vision.has been
^atlefor an adiquati sewage treatment works for the subdivision and, if other
mAhids of sewage ilisposal are proposed, evidence that such system will comply
with state and local laws and regulations.
Response. All sewage generated by the subject properties will receive treatment from
thr f"rititi.s owned and op-rated by the District. The service lines and other facilities
appurtenant to this systemwhich are contained within and are specffic to the subject
pioperties are set forth within the Preliminary Plan (PPSS0 through PPSSI0).
B. If a sewage treatment works is proposed, a general description of the
collection system and treatment facilities, as designed by a registered
professional engineer Hcensed in the State of Colorado.
Response. A description of the District sewage treatment works is contained within
Service Plan file maintainedby Garfield County instant to the Board of County
Corrunissioner approval thereof under Resolution No. 2001-28.
In addition:
l, Copy of a completed, but unapproved, Colorailo Department of Health
lltaste Water Treatment Plant Site Location Approval Application;
Response. The District's sewage treatment works have heretofore received all
r.qir.O r.gulatory permits (Site Application Permit No. 4133 and NPDES Permit
No. CO-00-447s0).
2. Nature of legal entity which shall own and operate the sewage treatment
worlcs; and
Response. The District is a Colorado special district formed and functioning
under authority of colo. Rev. Stat. $$ 32-1-101 et. seq. (west supp. 1998).
3. Proposed method of ftnancing the sewage tteatment works'
Response. Coincident with the filing of its first Final Plan and in accordance
with its agreernent with the District of September 13, 1999 entitled ROARING
FORK WATER & SANITATION DISTRICT, ROARING FORK
INVESTMENTS, LLC PRE-INCLUSION AGREEMENT (hereinaft er "District
Sewer Agreement"), provided herewith (Tab 2$ Applicant has heretofore paid
App lic ation for Preliminary Plan Approval
Ironbridge Planned Unit Development - Phase II
Page 13
the District a Plant Expansion Fee of $657,580.00, which fee secures on behalf of
Applicant, the construction of 356 equivalent residential units (EQR's) treatment
.up*ity within the District's sewagi treatment plant The sewer demands of the
rrL3".iproperties have been included within this EQR demand.
C. If public or private se\yage treatment facilities are to be provided by ?n existing
ititrtrt or tirough conniction to an aristing sewer systun, evidence that the
treatment facility orcyrir* can and will pivide adequate sewage treatment for
the propos ed subdivision.
Response. The subject properties have been included within the District pursuant to
the Court Order above stated.
Application for Preliminary Plan Approval
Ironbridge Planned Unit Developnent - Phase II
Page 14
Tab I
Tab 2
Tab 3
Tab 4
Tab 5
Tab 6
Tab 7
Table of Contents
Preliminary Plan for the Re-Subdivision of Phase II, Block l, Phase
IV, Block 4 and Phase I, Golf Course Parcel 6, Ironbridge Planned
Unit Development (PUD)
Restated Declaration of Covenants, Conditions, Restrictions and
Easements for Ironbridge
PRELIMINARY GEOTECHMCAL STUDY, ROSE RANCH
DEVELOPMENT, COUNTY ROAD 109, GARFIELD COUNTY,
COLORADO, prepared by Hepworth-Pawlack Geotechnical, Inc. of
October 29,1997 (Job No. 197 327)
SUPPLEMENTAL GEOTECHMCAL STUDY EVALUATION OF
SINKHOLE REMEDIATION ROSE RANCH DEVELOPMENT,
COLINTY ROAD 109, GARFIELD COUNTY, COLORADO,
prepared by Hepworth-Pawlack Geotechnical, Inc. of February 12,
1998 (Job No. 197 327)
Correspondence from Eldon Von Ohlen, P.E., of EVO Consulting
Services, Inc. to Garfield BOCC of Commissioners and Staffof
February 12,1998
SUPPLEMENTAL GEOTECHNICAL STUDY EVALUATION OF
COLLAPSE POTENTIAL, ROSE RANCH DEVELOPMENT,
COUNTY ROAD 109, GARFIELD COUNTY, COLORADO,
prepared by Hepworth-Pawlack Geotechnical, Inc. of September 10,
1998 (Job No. 197 327)
PRELIMINARY GEOTECHMCAL STUDY PROPOSED
IRONBRIDGE, PHASE 2, COUNTY ROAD 109, GARFIELD
COUNTY, COLORADO, prepared by Hepworth Pawlack
Geotechnical, Inc. ofMay 31,2005 (JobNo. 105 115-4)
PRELIMINARY GEOTECHMCAL STUDY PROPOSED
RECREATIONAL FACILITIES IRONBRIDGE DEVELOPMENT,
4IO IRONBRIDGE DRIVE, GARFIELD COUNTY, COLORADO,
prepared by Hepworth Pawlack Geotechnical,Inc. of June 30,2005
Tab 8
Tab 9
Tab 10
Tab 11
Tab 12
Tab 13
Tab 14
Tab 15
Tab 16
Tab 17
Tab 18
Tab 19
(JobNo. 105 115-3)
Reports prepared by Professional Wetlands Consulting, Inc of May
30, 1997 and November 25, 1997
Correspondence from Steven L. Pawlack, Hepworth-Pawlack
Geotechnical,Inc. to Mike Staheli, LB Rose Ranch LLC of March 24,
2003, re: Radiation Potential, Rose Ranch Development, Garfield
County, Colorado
Land Title Guarantee Company, Commitment for Title Insurance
Existing Conditions Map prepared by High Country Engineering, Inc
(February 1998) and Tree Inventory & Analysis prepared by Norris
Dullae Company (Junel7, 1997
ROSE RANCH TWILDLIFE REPORT, prepared by Kirk H. Beattie,
Ph.D, Beattie Natural Resources Consulting, Inc. (September 26,
tee7)
STORMWATER MANAGEMENT PLAN FOR IRONBRIDGE
P.U.D, GARFIELD COUNTY, COLORADO prepared by High
Country Engineering, Inc. on July 1 l, 2005 (HCE Job Number
20s1019.00)
REVISION OF FINAL DRAINAGE REPORT FOR IRONBRIDGE
P.U.D., PHASES 2,3 and 4, GARFIELD COUNTY, COLORADO
prepared by High Country Engineering, Inc on July 15, 2005 (HCE
Job Numb er 2051 0 1 9.00-0 417)
Case No. 96CW319, District Court, Water Division No. 5, Colorado
Case No. 97CW236, District Court, Water Division No. 5, Colorado
Case No. 00CW019, District Court, Water Division No. 5, Colorado
ROARING FORK WATERAND SAMTATION DISTRICT L.B.
ROSE RANCH LLC PRE-INCLUSION AGREEMENT (Domestic
Water Service)
Tab 20 Report prepared by Zancanella and Associates, Inc of February 20,
1998 re: Rose Ranch - Water Supply
Tab 2l Order of Inclusion, Case No. 94CV29, District Court, Garfield
County, Colorado
Tab22 Correspondence from Dick Wolfe, P.8., Office of the State Engineer
to Tamara Pregl, Garfield County Building and Planning
Tab23 ROARING FORK WATER & SANITATION DISTRICT,
ROARTNG FORK INVESTMENTS, LLC PRE.INCLUSION
AGREEMENT
Preliminary Plan for the Re-subdivision of phase II, Block l,
Phase IV, Block 4 and Phase I, Golf Course parcel 6,
Ironbridge Planned Unit Development (pUD)
[Submifted herewith under separate cover]
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revised to read "Ironbridge" to reflect the change of the name of the Project.I-
t': 4. Domestic Water. Section 4.14 ofthe instrument attached as Schedule I shall be
deleted in its entirety and the following text shall be substituted in its place.
"Water shall be supplied to each Lot by a water system which is owned, operated
and maintained by the Roaring Fork Water & Sanitation District. The water so
supplied shalt be used for domestic in-house use only and for irrigation of not
ore than 500 square feet of landscaped area."
5. . Easement for Private Amenities. The following sentence shall be added to the
end of Section 8.17 of Article VII of the instrument attached as Schedule I:
"Mernbers and other permissible users of the Private Amenities shall have the
right to a perpetual, unrestricted non-exclusive easement across and through aU
Comtnon Areas for purposes of pedestrian access to and from the Roaring Fork
, River and for fishing and other pedeskian activities along and on the Roaring
ForkRiler.'
6. Maintenance.
a. The first sentence of Section 9.1(B) and Section 9.5 of Article IX of the
, instrument attached as Schedule I, shall be amended by adding the Phrase "(including, without
' limitation, landscaping )" after the word "improvements" in each sentence'
b. In addition, the following sentence shall be added at the end of Section 9.1(B):
"In the event that the improvements on a Lot are damaged or destroyed by an
event of casualty, the Owner shalt be obligated to take immediate and reasonable
measures to diligently pursue the repair and reconstruction of the damaged or
destroyed improvements to substantially the same or better condition in which
they existed prior to the damage or destruction."
7. Design Review.
a. The last sentence of Section 16.6(E) of the instrument attached as Schedule I
is hereby deleted in its entirety.
b. The phrase "or. deposit(s)"shall be added after the word "fee(s)" each time it
appears in the second sentence of Section 16.7 of the instrument attached as Schedule I- The
following sentence will be added after the second sentence of Section 16.7:
"The Design Review Board will also have the right to require a deposit for each
improvemint subject to its review, in an amount which may be established by the
Design Review Board from time to time, and such deposits will be held as
security to ensure that the construction of the improvements comply with plans
and specifications approved by the Design Review Board and to act as a reserve
2
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against possible damage to common improvements which may occur during
construction. If the improvements fail to comply with such plans, the Design
Review Board may retain the deposit to pay for its enforcement rights set forth in
Section 16.10."
8. Use Reshictions.
a. Signs. The final sentence of Section l7.l(F) of the insfiument attached as
Schedule I is hereby deleted and a new sentence is added in lieu thereof, reading as follows: "No
"For Sale'l or "For Rentu sign may be posted on any Lot, exoept for those in shict conformance
with the Design Guidelines as published by the Design Review Board."
b. No unsiehtliness: Clothes Drvins: Sportiire Equipment Children's
Recreational Equipment. Section 17.1(N) of the instrument attached as Schedule I is hereby
deleted and a new section is added in lieu thereof, reading as follows: "All unsightly structures,
facilities, equipmen! objects, and conditions, including sporting equipment (e.g. skis,
snowboards; bikes, mountain bikes, kayaks, etc.), and snow removal, garden or maintenanse
equipment except when in actual use, shall be kept in an enclosed shucture or in a screened area
approved by the Design Review Board. No laundry or wash shall be dried or hung outside any
residence. Equipment intended for children's recreational use, such as basketball standards,
swing sets, and slides, must also be approved in advance by the Design Review Board. Such
equipment need not be screened if it is'constructed of natural materials such as wood, stone,
metal, etc., and if it is painted orstained in earthen tones (natural woods, greens, browns, black,
etc.). If such equipment is constructed of non-natural materials such as plastic, or if the
equipment is other than earthen tone in color, it must be effectively screened from view from
other Lots and from cornmon area and public parks and other public areas including streets, bike
paths, and the Golf Course."
c. Motorized Vehicles. The reference in the first sentence of Section 17.1(0) of
the instrument attached as Schedule I to."tucks with a capacity of one-half ton or less" shall be
changed to *huckS with a capacity of three-quarter ton or less." In addition, the following
sentence will be added at the end of Section 17.1(O):
'T.[o more than two permitted vehicles per residence may be parked within the
Project outside an enclosed garage, and such vehicles must be parked on the
driveway of the residence or in a designated parking area on the adjoining public
street. Additional permittbd vehicles not belonging to the Owner or occupant of
the Lot may be parked in the driveway or in designated parking areas on the
public streets during special occasions, but only for the duration of the occasion.
No vehicles of any kind may be parked in any location on a Lot except on the
driveway or within an enclosed stucture."
d. Water Use. Section 17.1(BB) of the instrument attached as Schedule I is
hereby deleted in its entirety."
e. Occupancv Limits. The following text shall be added as a new subsection
3
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\ l7.l(GG) of the instrument attached as Schedule I:
l
"Occupancy Limits. Each Lot shall be improved, occupied and used only for
single-family residential purposes, .*".ft that a duplex, townhome or
condominium.may be built and occupied upon a Lot designated therefor, and an
accessory dwelling unit may be built and occupied upon or in a Lot designated
therefor. Occupancy of each dwelling unit on the Property shall be limited to (i)
no more than two (2) principal adults, (ii) the legal dependents of one or both of
said principal adults, (iii) no more than two (2) additional family members (adults
or legal dependents) who are related by blood to said principal adults, and
occasional guests. Employees who care for the residence or who care.for the
legal dependents may also occupy the residence. For pufposes hereof, "related by
blood" shall mean the following relationships, but no others: grandparents,
parents, brothers and sisters, aunts and uncles, and nephews and nieces.
Accessory dwelling units are strictly limited to occupancy by no more than two
@ adults and the legal dependents of one or both of said adults."
f. Garbage and Trash and Conpost Containers. The following text shall be
added as a new subsection t7.t(HH) of the instrument attached as Schedule I:
"No 'refuse, garbage, trash, grass, shrub, or tree clippings, plant waste, scrap,
rubbish, or debris of any kind shall be kept, stored, maintained or allowed to
1 accumulate or remain on any Lot or on the Property except temporarily within an
enclosed shuchre within the building envelope approved by the Design Review
Board, except that any approved container containing such materials may be
placed next to the street on the designated moming of garbage collection and must
be refurned to its enclosed strucfure that same day. No garbage containers, trash
cans or receptacles shall be maintained in an unsanitary or unsightly condition,
and except when placed for pickup they shall not be visible from another Lot,
community park or comfiron area."
9. Leasine. The following subsection shall be added to Section 17.4 of Article )O/II
ofthe instument attached as Schedule I:
*(xi) All leases must cover the entire residence being leased or, in the event the
lease relates to an accessory dwelling unit, it must cover the entire accessory
dwelling unit . No leases of portions of a residence or accessory dwelling unit
shall be permitted.'
10. Tradename or Loso. Section 17.8 of the instrument attached as Schedule I shall
be revised to add the name "Ironbridge" as a protected name under this section.
11. Enforcement. Section 17.7 of Article XVII of the instrument attached as
Schedule I shall be revised by adding the following plrase at the end of the second sentence:
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", including but- not limited (1) to the imposition of reasonable and uniformlyapplied fines and penalties, and (b) excluding violators from the Common Area orfrom enjoyment of any Association functionJ, or otherwise.,,
. 12' Real Estate Transfer Assessment. Section t I .14 of Article XI "Real Estate TransferAssessments" of the instrument attached as Schedule I is hereby deleted in its entirety and a newSection 11.14 is inserted in lieu thereof, reading as follows:
Section 1 1.14 . Upon the occurrence of any transfer, asdefined below, of an improved or.unimproved Lot within Ironbridge 1"*"traing, however, gifts,transfers for estate planning purposes, the second transfer in an"IRb ilti;" I03l exchange(provided that the transfer assessment has been paid with respect to the first tansfer), transfersby-court order or by will or intestacy, transfers to the Association, transfers from Declarant to anaffilidte of Declarant-for the purposl of such affiliate developing, operating
"r'rr"rai"; f#d.thgreal property subject to such transfer and any other uansibrs subject to-specific exclusions as
{opt9d by:action of the Executive Board), the transferee under such transfer shall pay to theAssociation a real estate transfer urr"ss*"rrt (the "Transfer Assessment,,) equal to one-quarter ofone percent (0'25yA of the fair market value, as defined below, of the tot sub;ected to nansfer inaccordance with the terrrs and procedures set forth below and such other uniform and customaryprocedures, limitations and exclusions as may be adopted by the B*"""ti* goard from time totirne.
A. Pumose and Use of Funds. All proceeds from the Transfer Assessments shallbe contributed to. -the -
Ironbridge Foundation to support philanthropic and charitableorganizations, activities, facilities, events or operations benefiting th" g"o"rul community or thequality of life at lronbridge, including, without limitation, !ub[J education, opri ,pu""preservation, conseryation and environmental measures and other educational, charitable orphilanthropic endeavors. The Ironbridge Foundations is a nonproni "otity formed for the
Purpose of overseeing and administering the proceeds of the Transfer Assessment in accordancewith this Section and its governing documents. Notwithstanding the foregoing, in the event theIronbridge Foundation has not been organized and empowered to accept *irri"r at the time that a
Transfer Assessment is collected, the Association shatt lota a[ such proceeds in trust and remitthem to the Ironbridge Foundation upon formation.
B. Definitions.
(i) Transfer. For purposes of this Notice of Levy, "transfer,' means and
includes, whether in one tansaction or in a series of related transactionS, ffiy conveyance,
assignment, lease o.f 10 years or longer or other transfer of beneficial ownership of any tot,
including but not limited to (i) the conveyance of fee simple title to any Lot (including any
conveyance arising out of an installment land eontract oi a lease containing'an option io
purchase), (ii) the transfer of more than 50 percent of the outstanding shares of the voting stockof a corporation which, directly or indirectly; owns one or more Lots, and (iii) the transfer of
more than 50 percent of the interest in net profits or net losses of any partnership, ti*itra [ability
company, joint venture or other entity (each referred to hereinafter as a "Business Association'i
(other than Declarant) which, directly or indirectly, owns one or more, but "transfer" shall not
5
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mean or include the transfers excluded from the Transfer Assessment as deseribed in this
Section.
(ii) Transferee. For purposes of this Notice of Levy, "transferee" means
and includes all parties to whom any interest in a Lot passes by a transfer, and each party
included in the term "transferee" shall have joint and several liability for all obligations of the
transferee under this Section.
(iii) Fair Market Value. "Fair market value" of the Lot subjected to
transfer shall be the aggregate value of all consideration paid or delivered to the transferor for the
tansfer as. reasonabty aeiermined by the Executive Board. A transferee may make written
objection to the Association's determination within fifteen (15) days after the Association has
given notice of such determination, in which event the Association shall obtain an appraisal, at
the transferee's sole expense, from a real estate appraiser of good reputation who is qualified to
perform appraisals in Colorado, who is familiar with real estaie vahel in the County of Garfield,
and who shall be selected by the Association. The appraisal so obtained shatl be binding on both
the Association and the hansferee. The transferee shall be deemed to have waived all right of
objection concerning fair market value, and the Association's determination of such value shall
be binding, if no objection is timely made to the Association as provided herein.
D. Payment and Reports. The Transfer Assessmerrt shall be due and payable by
the transferee to the Association at the time' of the transfer giving rise to such Transfer
Assessment. With such payment, the transferee shall make a written report to the Association on
forms prescribed by the Association, fully describing the transfer and setting forth the true,
complete and actual consideration for the transfer,'the names of the parties thereto, the legal
description of the Lot transferred, and such other information as the Association may reasonably
require. The transferee may also submit an application for request for exemption from the
Transfer Assessment on forms prescribed by the Association. If the Transfer Assessment is not
paid within thirty (30) days of when due, the transferee shall be subject to all interest, fines and
ottrer remedies applicable to Assessments in default as set forth under the Declaration, including,
without limitation, the right of the Association to lien and foreclose the transferee's Lot.
13. Morteaeee Riehts Article Deleted. Article XIX "Mortgagee's Rights" of the
instrument attached as Schedule I is hereby deleted in its enthety.
14. Dispute Resolution Provisions. A. new Article )Off shall be added to the
instrument attached as Schedule I which shall read as follows:
/t
I
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ARTICLE XXII
DISPUTE RESOLUTION
22.1 Aqreement to Encourage Resolution of Disputes Without Litieation.
Declarant, the Association and its members, officers, directors, and committee
members, all persons subject to this Declaration, and any person not otherwise
subject to this Declaration who agrees to submit to this Article (collectively,
"Bound Parties'), agree that it is in the best interests of all concerned to
encourage the amicable resolution of disputes involving the Project without the
emotional and financial costs of litigation. Accordingly, each Bound Party agrees
not to file suit in any court with respect to a Claim described below, unless and
until it has first submitted such Claim to the altemative dispute resolution
procedures set forth in Section 223 ina good faith effon to resolve such Claim.
A. Definition of Claim. As used inthis article, the term "Claim" shall referto
any claim, grievance, or dispute arising out of or relating to (i) the interpretation,
application or enforcement of the Association Documents, (ii) the rights,
obligations, and duties of any Bound Party under the Association Documents, or
(iii) the design or construction of improvements within the Project, other than
matters of aesthetic judgment under Section 19.3, which shall not be subject to
review.
Notwithstanding the foregoing, the following will not be considered "Claims"
unless all parties to the matter otherwise agree to submit the matter to the
procedures set forth in Section 22.3: (i) any suit by the Association to collect
assessments or other amounts due from any Owner, (ii) any suit by the
Association to obtain a temporary restraining order (or emergency equitable relief
and such ancillary relief as the court may deem necessary in order to maintain the
status quo, (iii) any suit between Owners, which does not include Declarant or the
Association as a party, if such suit asserts a Claim which would constitute a cause
of action independent of the Association Documents, (iv) any suit in which an
indispensable party is not a Bound Party, and (v) any suit as to which any
applicable stahrte of limitations would expire within 180 days of giving the Notice
required by Section 22.3, unless the parties against who the Claim is made agree
to toll the statute of limitations as to such Claim for such period as may
reasonably be necessary to comply with this Article.
B. Dispute Resolution Procedures.
i. Notice. The Bound Party asserting a Claim ("Claimant') against
another Bound Parfy ("Respondent") shall give written notice to each Respondent
and to. the Executive Board stating plainly and concisely: (i) the nature of the
Claim, including the persons involved and the Respondent's role in the Claim, (ii)
the legal basis of the Claim (i.e., the specific authority out of which the Claim
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,
I
arises), (iii) the Claimant's proposed resolution or remedy, and (iv) the Claimants
desire to meet with the Respondent to discuss in good faith, ways to resolve the
Claim.
ii. Nesotiation. The Claimant and Respondent shall make every
reasonable effort to rn".t in person and confer for the pufpose of resolving the
Claim by good faith negotiation. If requested in writing, accompanied by a copy
of the Notice, the Board may appoint a representative to assist the parties in
negotiating a resolution of the Claim.
iii. Mediation. If the parties have not resolved the Claim through
negotiation within 30 days of the date of the notice described in Section 22.3.1 (or
within zuch other period as the parties may agrce upon), the Claimant shall have
30 additional days to submit the Claim to mediation with an entity designated by
the Association (if the Association is not a party to the Claim) or to an
independent agency providing dispute resolution services in Eagle County.
If the Claimant does not submit the Claim to mediation within such time, oi does
not appear for the mediation when scheduled, the Claimant shall be deemed to
have *aived the Claim, and the Respondent shall be relieved of any and all
liability to the Claimant (but not third parties) on account of such Claim.
If the parties do not settle the Claim within 30 days after submission of the matter
to mediation, or within such time as determined reasonable by the mediator, the
mediator shall issue a notice of termination of the mediation proceedings
indicating that the parties are at an impasse and the date that mediation was
terminated. The Claimant shall thereafter be entitled to file suit or to initiate
adrninistrative proceedings on the Claim, as appropriate.
iv. Settlement. Any settlement of the claim through negotiation or
mediation shall be documented in writing and signed by the parties. If any party
thereafter fails to abide by the terrrs of such agreement, then any other party may
file suit or initiate administrative proceedings to enforce such agreement without
the need to again comply with the procedures set forth in this Section. In such
event, the party takinA action to enforce the agreement or award shall, upon
prevailing, te entitled to r""orer from the non-complylng party (or if more than
on" not -iomplying parfy, from all such parties in equal proportions) all costs
incurred in enforcing such a'greement or award, including, without limitation,
attorney's fees and court costs.
C. Initiation of Litieation by Association. In addition to compliance with the
for"goir,gatt"*utire dispute resolution procedures, if applicable, the Association
shall not initiate any judicial or administrative proceeding unless first approved by
'a vbte of Owners entitled to cast 75% of the total votes in the Association, except
that no such approval shall be required for actions or proceedings: (i) initiated to
8
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enforce the provisions of this Declaration, including collection of assessments and
foreclosure of liens; (ii) initiated to challenge ad valorem taxation or
condemnation proceedings; (iii) initiated against any contractor, vendor, or
supplier of goods or serices arising out of a contract.for services or supplies, or
(iv) to defend claims filed against the Association or to assert counterclaims in
proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the same percentage of votes necessary to institute
proceedings."
15. Conflicts Between Documents. This Resatement hereby revokes and supersedes
the Revoked Declaration. In case of conflict between the Declaration as restated hereby and the
Articles and the Bylaws of The Ironbridge Property Owners' Association, the Declaration, as
restated, shall control.
16. IN WITNESS WHEREOF, the undersigned, being the sole owner of the Property,
has execrrted this-Restated Declaration of Covenants, Conditions Restrictions aud Easements for
Ironbridge on the day and year written below.
DECLARA].trT:
LB Rose Ranch LLC, a Delaware limited
liability company
By: PAMI LLC, a Delaware limited liability
company, its managing member
Title: Autliorized Signatory
STATE OF NEw YorII
COUNTY OF New Yorlt
-^r^nrdThe foregoing instrument was acknowledged before me this ;U*t day of'f*Wulool,
by Marguerite M. Brogan, as Authorized Signatory of PAMI LLC, a Delaware limited liability
company, managing member of LB Rose Ranch LLC, a Delaware limited liabitity company.
.)
) SS.
)
My commission expires: tg \r
q [oLp =[SEAL] ..-\
E:\Cliens\LB Rose Ranch, LLC\l stamend-declaration cln6doc
, PAMELA KANI
ilotarv Public, Sbte of NBwYorf
ReoistraUon # 01 KA6043526
0u-alitied in New York CounlY
My Commission Expires June 19.2000
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JOINDER OF LIENOR
The undersigned, beneficiary under the Deeds of Trust dated July 29,lggZ,November
27, 1gg7 and April 29, lggg, respectively, and recorded August 4, 1997 in Book 1028 at Page
776, November 26,lgg7 inBook lO44 atPage 30, and April 30, 1999 in Book ll27 atPage364,
respectively, in the offrce of the Clerk and Recorder of Garfield County, Colorado, as amended
and suppternented from time to time (the "Deeds of Trust"), for itself and its successors and
assigns, approves.the revocation of the Revoked Declaration and flre recording of the for9e91nB
Restated Declaration of Covenants, Conditions Reshictions and Easements for Ironbridge
affecting the property encumbered by the Deeds of Trust, and agrees that no foreclosure or other
enforcement of any remedy pursuant to the Deeds of Trust shall impair, invalidate, supersede or
otherwise affect the covenants, conditions, restrictions and easements established by that
Declaration
Lehman Brothers Holdings, Inc', doing
business as Irhman Capital, a division of
Lehman Brothers Holdings, Inc., a Delaware
corporation
srATE oF llewyork )
Title: Authorized signatory
) ss-
COUNTY oF New Yorlc )
The foregoing instrument was acknowledged before me this at u^, ,r Ey-#L
by Marguerite M. Biogan as Authorized Signatory of Lehman Brothers Holdings, Inc.,-doing
business as Lehman bapital, a divisioh of L"hm* Brothers Holdings, Inc., a Delaware
corporation.
My commission expires:
ISEALI
PAMETA KANE-ngXIliJfif
ti',,fl'tXH'I,'i-
r.orrl*Jl',','s,ilH;1,l3t,PJirryc*t
10
SCHEDULE I
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33.3-1ol d "T.
Declaralion o! PTbrcctive Covenonls
Rose Rdnch P.U.D.. Phase I
l3-Sep-99
8T447 P8g4 ]'1 ALSDORF
GRRFIELD COUNTY CO
AITTICLE I
DECLARATION AI{D SUBMISSION
Declarant hereby declares tt
"t
*r" Properly shall be held, sold and conveyed subject to the
covenants, restrictions-and easements which ui n tlie purpose of protecting the v4!ue and
desirability oftheproperty, andwhich shallrunwi0rtholand-andbebindingonall parties andheirs'
*rr"rrori and assigns oiparties having any right, titlc or intet*j i" all or irny part of the Property'
Additionaily, DeplJant hereby subrnitJthe-property to the provisions of tho Act'
rl
ARTICLE II
DEFINTNONS
section2.l Delinitions. Ttrc fotlowing words whe,lr used in this Declaration orany
Supplemental o.ctarufrffijG inconsistent wittr t5e contoct of this Deolaration, shall havethe
following mianings:
..Abaidoned and Ipoo lffi" has the meaning set forth in Section
..Acf, means the colorado common Interest ownership Act, c-RS- $ 38-
C- "AgllgISblg ProP@" msans the real propertywhich is subject to theP'U'D
for the Rose Ranch *aini-ch-ilotEf,"uy made subject to the terms and prwisions of this
Declaration. The real property which comproirises the Annexable Property is {eqi:t3{ana on the
plat as ..Future Ou*rlpri*i' pra.rt .td it morc particularly described on Exhibit B' attzched
herelo and incorporated hereirr by this reference'
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D. "Attrcles" mean the Articles of Incotporation for The Rose Ranch Propetly
Owners Association, fnc., on file with the Colora.do Secreta.ry of State, and arry amendments which
may be made to those Ardcles fi'onr tirne to tirle.
E. "Ar.rnual Assessnrent" means ti:e Assessmerit levied anriually.
F. "M:rents" means the Annual, Special, and Default Assessments levied
pursuant to Article XI below. Assessnents are further defined as a Common Expense Liability as
defined under the Act.
G. "Aggogi-ation" means The Rose Ranch Property Owners Association, Inc-, a
Colorado nonprofit corporation, and its successors and assigns.
H. 'Association Docum f' means this Declalation, the Articles of
Incorporation, and the Bylaws ofthe Association, and anyprocedures, rules, regulations, orpolicies
adopted under such documents by the Association.
J. "Asqoaiatia[-Bules" means the rules and regulations adopted by the
lr.ssocrauon as provrd"a * o""oo" ri
K "Bylaws" means the Bytaws adopted by the Association, as ernended from
timeto time.
L. ' eommog-Area'l*"*, all oftherealproperly de,picted. and identified onthe
PlaJ as "Common Area" and improvements tl:ereon, if any, in which the Association owns or has
an interest forthe cornrnon use aud enjoyment of all of tbe Owners on anon-exclusivebasis. Such
interest may include, without limitation, estates in fee, for terrns of years, or easetnents. "Common
Area" is further defined as a Common Element as defined under the Act.
M. "Common Expenses" means (i) all expenses expressly declared to be common
ex:penses by this Declaration or the Bylaws of the Association; (ii) alt other expenses of
adruinistering, servicing, conserving, rnanaging, maintaining, repairing, orreplacing the Common
Area; (iii) insurance premiums for the insurance carrietl under Article X; and (iv) all expenses
larvfully detennined to be cornr:ron expenses by the Executive Board of the Association.
N. "Declaranf'means Roaring Fork Investnent, L.L.C., a Colorado limited
liability company, and its successors and assigns.
O. "Declaration" means and refers to this Declaration of Covenants, Conditions,
Restrictions and Easernents for The Rose Ranch.
D ecloratio n of P rolective Cotten ants
Rose Ranch P.U.D., Phase l
I j-Sep-99
I llltil Iilil illl[ Iilt lult.!l!!!! [uullllll []J!l'aTtiii sid rl-a i iaoC' a 4, &i- n 14 47
-P
8e 6 I'l RLSDoRF
ii"i-ai-a-qaa.ss a s.ss GRRFTELD couNTY c0
p. .,Default Assessment" means tlre Assessment Jevied by the Associatiorl
pursuart to A-rticle XI, Section ll.7 below.
a. "Desjen Guideljnes" mearls flre guidelines ald rules publislred and anrended
ard supplen',"nGd fro,, ti,r[-to ti,r" uy tlr" Desigrr Review Board'
R. "DesiguReviewBoard"meansandreferstotheDesigpReviewBoard defined
in and created pursuant to Article XVI below-
S. "Drainage Structures" has the meaning set forth in Section 9-6'
T. .Exec$tivg E-aard" mears the governing body of the Association elected to
perfonn flre obligatiors of thJAr**iation relative to the operation, maintenance, and management
of the Property and all improvements on tle Property.
has the meaning set forth in Section
15-5.
Z. "M@sr" shall mean
perfon:r certain duties, powers, or functions
authorize from time to time.
U.
V.
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..GsIf course,, means the real prop erty located in Garfi eld county, colorado,
rnoreparticularly described on the attached Exhibit C.
W. ..Eirst Mortgage" means any Mortgage which is not subordinate to airy lien
or encumbrance except 1i""" f* t"""rJiens for Ass"rr**t 'o, other liens which are given priority
by statute.
X. "Fir€! It4ort*gee" mea,s any Person named as a mortgagee or beneficiary in
any First Mortgage, o, *y ,rr"""t*ito the interesi of *y such person under such First Mortgage:
1.. ..1&!,, means a plot of land subject to this Declaration and designated " 1
.X.ot" on any subdivision plat of the Property recordedby Declarant ih flre office of the Clerk and
Recorderof Garfield County, Colorado, togetherwith all appurtenances_and.improvements' now or
in the fuhrre, on the Lot. "Lof' also has tle meaning ascriUed to it in Section 15'3 hereof' Lot is
fuither defined as a Unit as defined under the Act.
a person or entity engaged by the Association to
of tht Association, as flte Executive Board may
AA. '.Idembef' shall srean ever] persolr or entity who holds memtership in the
Association
Declaration of Protectfu e Covenants
RoseRanch P.U.D., Phase I
l3-Sep-99
523133 a,3/t8/2003
14 ol 8t R 406.@0
iltilil Hilt !ililI lilt iltilt ililll ililt lil iltilt ilt flil
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A4:@7? 8L447 P897 I'l ALSD0RF
D O.OO GRRFIELD COUNTY CO
BB. "Mofigage" sJralJ meati any motlgage, deed of tust, or otlier doculllent
pledging aly Lot or interest therein as security for payment of a debt or obligation'
CC. "Mortgagee" nleans any person naned us umortgagee or benefi ciary in any
Morlgage, or aly successor to the interest of aly such person under such Mortgage'
DD. "Oversized" has the meanir:gs setforlh in section 17.1.Q.
EE. i'Owner" means the owner ofrecord, whether one or more persons or entities,
of feesinrple title to *y Lot, urrd "Owner" also includes the purchaser under a conkact for deed
covering i Lot, but excludes those having suctr interest ir a Lot merely as security for the
performance of an obligation, including ^Mrrtg g"e, unless and until such person has acquired fee
sirnple tifle to the Lot pursuant to foreclosure or other proceedings.
FF. "Person" means a natural person, acorporation, aparlnership, a trustee or any
other legal entity.
GG. '?!d" mearrs the subdivision plat depicting the Property subject to- this
Declaration and recorded in the records of the Clerk and Recoider of Garfield County, Colorado on
//-fief. ,2000 and ReceptionNo.%-andall supplements and amendments thereto'
IIII: '?rivate.-Arnenities".means certainrealproperty and any improvementt qd
faci1itiesthereonto""t@evicinityof,orwithintheProperty,whichareprivate1y
owned and operated by persons other than the Association for recreational, commercial and related
purposes, onlmembershipbasis orotherwise, andshallinclude, withoutlimitation, theGolfCourse'
Private Amenities maybe owned by Declarant or affiliales of Declarant.
tr. "hp.gry" means and refers to that certain real property described on
Exhibii A attached to this Declaration.
JJ- ,EUD=M@" means the zone district map for the RoseRanch Planned Unit
Developrnent recorded in the records of the Office of the Clerk and Recorder for Garfield County
ont/-iq, , 2000 at Reception No. €eV/8q
Kf(: "P.U.D Resolutions ofApproval"meantlr.eterms andconditions oftheP'U'D
approval issued by the Board of County Cornmisiioners.for Garfield County, Colorado for the Rose
Ranch Plarured Unit Development set forth in Commissioner Resolution No' 98-80, recorded in the
records ofthe Clerk and Recorder for Garfield County, Colorado on Sep' 9, 1998 at Book 1087, Page
862 and Reception No. 531935, as amended by Conunissioner Resolution No. 99-067 ,recordbd in
the records of the Clerk and R.ecorder for Garfield County, Colorado on June 8, 1999, ai Book I I 33,
Page 911 and Reception No. 546856-
LL."Reuair and reconstruction" has the rneaning set for{r in Section 13'2'
D eclaration of Protective Covenants
RoseRanch P.U.D., Phase I
I 3-Sep-99
ilHil !illr rilllillll llllll llllillllll ill lilllllll llil
623133 O3/18/2OO3 O4t@7P 8L447 P898 I'l RLSDORF
15 of 8l R 406.00 D 0.00 GRRFIELD COUNTY c0
i-,_,\ .,/ MM. ,'Bqads" means all roads within tire Property as shown on the Plat'
NN. ..The Rose Rarch" shall mean the pla:rned colrununity cre'ated by this
Declaration, consistirig of tfr. p.p"rty, rf',e Lots, and any otler irnprovements constructed on the
Property and as shown on the Plat.
OO. "sharing Ratio" means the allocalion of Assessnrents to which an Owner's
Lot is subject. The fomulafo; sh ing ratios is an equal allocation among all of the Lots'
pp. ..Special Assessmenf' means an assessment levied pursuant to Section I l'6
below on an irregular basis.
Qa. ..SB.ecial.Diskig!,, means a senlice and utility district which may be crelteA
as a special purpose unit of local government in accordance with iolorado law to provide certain
cornmunity services to some or all of the Property
RR. ..Suc"essor Declarmf ' means any parry or entity to-whom Declarant assigns
any or all of its rights, obligations, or interests as Declarant, is evidenced by an assignrnent or deed
of fecord executed bybothbeclarant and ttie kansferee or assignee and recorded in the office of tbe
ClerkandRecorderof Garfield County, Colorado, designatingsuchpa{Y T'!}t:t::,1?::l3:
Upoo such recording, Declarant's rights and obligations under this Declaration shall cease ano
terminate to the extent provided in such document'
SS. ..Supplemental Declaration" mean€ an instrument which subjects auy
additional properfy to tfrirE""to"tioo, *" fully provided in Article XV below'
TT...SupplgnqentalPlat,,'meansasubdjvisionplalwtrich.depictsadditional
property made part of tlrit D"rl*atioi-o-r the resubdivision of any Lot or the creation of any
condominiums, duplexes, town homes or other multi-farnily units on any I-ot, and may include one
or more "maps" as defined in the Act.
uu. "weslern Parcel" has the meaning set forth in section 18'1'B'
VV. ,'Wildlife Improvements" has the meaning set forth in Section l8'1'D'
Each capitalized tenn not otherwise defi.ned il this Declaration or in the Plat shall have the
samemeanings specified or used in the Act.
ARTICLE TU
NAME, DIYISION INTO LOTS
Declaration of Protecth'e Cot'enants
RoseRanch P.U.D., Phase l
I j-Sq-99
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623133
15 of
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Section 3.4
on the Plat.
Section 3.5
@3118/2003 @4zA7P 8t447 P899 n RLSDORF
81 R 406,00 D O.OO GRRFIELD COUNTY CO
Section 3.1 Nanre. TlrenapreoftheprojectisTlreRoseRanclt. TheprojectisaPlaued
Comlrunity pursuart to tlie Act.
Section3.2 Association. ThenameoftheassociationisTlreRoseRanchProperlyOwnem
Association, Inc. Declarant has caused to be inco4)oraled under the laws of the State of Colorado
th.eAssocialion as anon-profit corporation with thepurpose ofexercising thefunctions asherein set
foflh.
Sectior:3.3 Number of Lots. The maximum number of Lots to be developed on the
Propertlr is eighty-twoGZj. Declarant reseryes the right for itself and any Successor Declarant to
suUiiUie *y-lotr orcreatecondominiurns, duplex"s, towrrhomes and ollermulti-familyunits on
such Lots. Declarant also reserves the right io expand the property subject to this Declaration
pursuant to a the filing of Supplemental Declarationi and Plats to include up to additional 240 Lots
and to expand the Common Area.
Identification of Lots. The identification number of each initial Lot is shown
Description of Lots.
. A. Each Lot shall be inseparable and may be developed exclusively for
residential purposes in accordance with the restrictions applicable to a particular Lot contained in
this Declaration, the Plat, the P.U.D. Resolutions ofApproval and the P.U.D Map. No Lot shall be
firrther subdivided, except that Declarant, its ,u"""rrors and assigns (which assigns may b9 m-ore
than one, includinB, without limitation, developers of certainportions of theProperty) m-af fiyler
subdivide Lots into condominiums, dupl"x"r, to*o homes and other multi-family units- Once
subdivided, each Lot shall be deemed to be the number of Lots into which it is subdivided Once
a condominium, duplex, town home or multi-family dwelling unit is created pursuant to filing of
appropriate final plat(s), then each such separate residence shall constihrte a Lot.
B. Titleto aLotmaybeheldindividuallyorinanyforrnofconcurrentownership
recognized in Colorado. Irr case of any such concurre,nt ownership, each co-owner shall be j ointly
apd leverally liable for performance and observance of ali the duties and responsibilities oI -*
Owler with iespect to the Lot in which he owns an interest. For all pu.rposes herein, there shall be
deemed to be only one Owner for each Lot. The parties, if mor,e than one, having the ownership of
al,ot shall agree between themselves how to shari the rights and obligations of such own?r:llip:b.ut
all such p*ti"r shall be jointly and severally liable forperformance and obseryance of all of the
duties and obligatiols ofan Owner hereundei with respect to flre Lot iu which they own an interest'
C. Any contr act ofsale, deed, lease, Mortgage, will or other instrumeut affecting
a Lot rnay describe it as Lot
-,
Rose Ranch P.U.D. , PhaseNo. 1, County of Gar-field, State of
Colorado; according to the PIat ttrereof recorded in the records of tire Clerk and Recorder of Garfield
County, Colorado on
-,
2000- at Reception No.
-_
'
D eclaration of Protective Cov e.nants
Rose Ranch P.U.D., Pluse I
I j-Sep-99
I lililt ililt iltll! ffi lll!!!_!l!!!!.1[Ij^lll.l!lfl! u[l'algiCg- 03 t Ls / 2oo3 o4 z @7?
ii-"r 81 R 406 .o@ D o 'aa
sia,ii Psso I't RLSDoRF
CRRFIELD COUNTY CO
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1
D. Eaclr Lot slall be considered asepat'areparcel of real property and shall be
separately assessed and taxed. Accordingly, tJre Comr:o:r fuea shall not be assessed separately but
shall be assessed with flre Lot as provideipursuant to Colorado Revised Statutes Subsections 39-1-
I 03(10) ard 38-33.3-l 05(2).
E. No Owrrer of a Lot shall be entitled to bring any action for partition or
division of the Coranron Area.
F. Subject to Section 17.5 andas provided below, each Lot shall be used and
occupied solely for resideltial use; provided that such use and occupancy shall be only as permitted
by and subject to the appropriat" *d applicable government al zontrryand use oidinances, nrles and
,"gof"tio"r from timeio ti*" in effect.'Noturithstandingthe foregoing, Declarant, for itself and its
successors, asstgns, and./or designees (which designees-may be more than one, including' without
limitation, develop"rs of ""rtuiriportions
ofthe Property), hercby retains alBht to maintain on any
Lot or Lots sales offices, management officss or *oatiitsidences at any time or from time to time
so long as Declarant, or lts ,o"J"ruorc or assigns, continues to own an interest in a Lot' The use by
Declarant, or its successors, assigns or desigiees, of any Lot as a model residence, office or other
use shall not affect the Lot's designation'on the Plat as a separate Lot-
ARTICLE TV
MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS
Section4.l TheAssociation. EveryOwnerofalotshallbeaMemberoftheAssociation'
Membership slr.all be appurtenant to and may not be separated from ownershiP of any Lot'
Section 4.2 Transfer of Menrbership. An Owner shall not transfer, pledge, encumber o:
alienate hi, *"*b"r"hipffi way, except upon the sale or encumbrance of his
Lot and then only to the purchaser or Mortgagee of his Lot'
Section 4.3 Membership. The Association strall have one (1) class of membership
consisting of all O*""rq i""l"di"g the Declarant so long as the Declarant continues to own an
interest in a Lot. Except as otherwise provided for in this Declaration, sach Member shall be entitled
to vote in Association matters pursuant to this Declaration on the basis of one vote for each Lot
owned. When more than orr" p"rror holds an interest in any Lot, all such persons shall be Members'
The vote for such Lot shall be exercised by one person oi altemative persons (who may be a tenant
ofthe Owners) appointed by proxy in accordance with the Bylaws. In the absence of a proxy, the
vote allocated to the Lot sha[l be zuspended in the event more than one person or entity seeks to
exercise the right to vote on any one matter. Any Owner or a Lot which is leased may assign his
voting right to the tenant, provided that a copy of a written proxy appointing the tenant is funrished
to the Secretary of the Association prior toany meeting in which tire tenant exercises the voting
right. In no event shall rnore than one vote be cast witli respect to any one Lot'
{
Declaralion of Protectitte Covenants
Rose Ranch P.U.D., Phase l
l3-Sep-99
rlIIil ilil| illil illl llllll lillil lllil lll llllll lll lill
623133 g3/18/2903 O4z@7P 81441 P901 I't RLSDORF
1E of 81 R 406.0A D 0.00 GRRFIELD C0UNTY c0
tt
Section 4.4' Declarant Control. Notwithstanding arrything to the contrary provided for
herein or in tire Bylaws, Declara:rt shail Ue entitled to appoint and renrove the members of the
Association's Executive Board ar:d officers of the Association to tire fullest extent currently
pennitted uuder tlre Act. Tlre specific restrictions and procedures goveming the exercise of
Declara.nt's right to so appoint *rd ,r*ore Directors and officers shall be setout in fie Bylaws of
the Association. Declarairt may voluntarily relinquish such power ""id:r":d.!y anotice executed
by Declarant and recorded in the Office of fte Clerk and Recorder for Garfield County, Colorado,
but, in such event, Declarant may atits option require tliat speci{ied actions of the Association or the
Executive Board as described in the recorded ,oti"", during the period Declarant would otherwise
be entitled to appoint and remove Directors and officers, be approved by Dectarant before they
become effective.
Section 4.5 Compliance with Association Documents. Bach Owner shatl abide by and
benefit from each provision, "or"n*t, *nAtion, restriction and eas.ement contained in the
Association Documents. The obligations, burdens, and benefits of nlemb^elt$p.* the Assocjation
concem the land and shall be covenants running with each Owner's Lot for the benefit of all other
Lots and for the benefit of Declarant's adjacent properties.
Section 4.6 Books and Records. The Association ,hutl *rt" available for inspectiorl
uponreques! during oorro"tU*i*.rUours orunderotherreasonable circumstances, to Owners and
to Mortgagees, current copies of the Association Documents and tle books, records, and financial
statements of the Association prepared pursuant to the Bylaws. Ttre Association may charge a
reasonable fee for copying such materials.
Section4.T Manager. The Association may employ or contract for the senrices of a
Manager to whom tfr" n*"".rti.re Board may delegate cerlain.Powers, func{ons, or duties of tfre
Assoclation" as.provideJ i" th" gytaws ofthe Association. The Manager shall not have the authority
to make expienditures except upon prior approval and direction Uy Ure Exegutive B"-fd' ,T"
Executive Board shall not be tiaUte foi any omission or improper exercise by a Mauager of any duty,
power, or fimction so delegated by written instrurnent "x""nt"d
by or on behalf of the Executive
Board.
Section 4.8 Innplied Riehts and Oblieations. The Association may exercise any right or
privilege expressly gr"rrt"O fo the Association in the Association Documents, all powers gt*t"q t:
* "rro.iution
pursuant to C.R.S. $ 38-33.3-302(1) (except as expressty otherwise provided in jlis
Declaration), ,nd every other right or privilege rl*o""frfy implied frorn the existence of any riglrt
or privilege'given to the Association under the Association Docur:rents or teasonably necessary to
effect *v r*tr right or privilege. The Association shall perfonn all of the duties and obligations
expressly ilrpor"d opoo it Uy Ur" ersociation Documents, and every other duty or obligation inrplied
bythe "*pr"., provisions oitlr" Associatioir Docurneuts or necessary to reasonably satisfy any such
duty or obligation.
D eclarotion of Pro tectiv e Covena nts
Rose Ranch P.U.D., Phase l
) 3-Sep-99
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623133 A3/78/2@@3 O4:O7P 81447 P90,2 n RLSDORF
19 of 81 R 406.0O D 0.00 GRRFIELD C0UNTY C0
1 Section 4.9 Association Meetings. Meetings ofthe Association shall be held at least once
) eacltyear. Special meetings of tlie Association nlay be called by the President, by amajority of the
Executive Board or by Owners havir:g ten percent (10%) of the votes in fte Association- Not less
than ten (10) nor more than fifly (50) days in advance of any meeting, the Secretary of other officer
specified in the Bylaws of the Association shall cause notice to be har:d delivered or sent prepaid by
Unitea States n:ail to the mailing address of each Owneror to any otlrer mailing address desigrated
in writing by the Owner. The notice of ar:y nreeting must state the time and place of flre n:eeting and
the items on the agendz,including th e generalnature ofany proposed amendment to this Declaration
or the Bylaws, ar:y budget changes and any proposal to rernove an'officer or member of the
Executive Board.
Section 4.10 Association Standard of Care. The duty of care which flre Association owes
to the Owners is that of a landowner to a licensee, notwithstanding the interest which the Owners
hold in the Common Area through their membership in the Associafion.
Section 4.11 Siquriqv. The Association may,.but shall not be obligated to, maintain or
support certain activities within the Property designed to make the Properly safer than it otherwise
might be. NEITHER TI{E ASSOCIATION, DECLARANT, NOR ANf SUCCESSOR
DECLARA}IT SHALL N.i ANY WAY BE CONSIDERED INSURERS ORGUARAN'TORS OF
SECURITY WIT-HIN THE PROPERTY. .NEITTIER TIIE ASSOCIATION, THE DECLARANT,
NOR A}TY SUCCESSOR DBCLARANT SHALL BE IIELD LIABLE FOR A}tY LOSS OR
DAI\{AGE FOR FAILURE TO PROVIDE ADEQUATE SECIJRITY OR FOR THE
INEFEECTMENESS OF ANY SECURITY MEASURE UNDERTAKEN. ALL OWNERS AND
OCCUPANTS OF ANY LOT, A}ID ALL TENANTS, GUESTS, AND INVITEES OF A}'TY
OWNE& ACK}IOWLEDGE T}IAT THE ASSOCIATION AND ITS E>(ECUTI\rE BOARD,
DECLARANIT A}iD A}IY SUCCESSOR DECLARAJ.TT, DO NOT REPRESENT OR WARRANT
THAT ANY FIRE PROTBCTION SYSTEM, BURGLAR ALARM SYSTEM, OR OTIIER
SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO THE DESIGN
GTIIDELINES ESTABLISIIED BY THE DECLARA}IT MAY NOT BE COMPROMISBD OR
CIRCUMVENTED; NOR THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM
SYSTEM, OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED
ACCORDING TO THE DESIGN GUIDELINES ESTABLISHED BY fi{E DECLARA}'IT MAY
NOT BE COMPROMISED OR CIRCUMVENTED; NOR THAT A}N. FIRE PROTECTION OR
BURGLAR ALARM SYSTEMS OR OT}IER SECURITY SYSTEMS WILL PREVENT LOSS BY
FIRE, SMOKE, BI.]RGLARY, TTIEFT, HOLD-UP, OR OTHERWISE; NOR THAT FIRE
PROTECTION OR BURGLAR ALARM SYSTEMS OR OTI{ER SECURITY SYSTEMS WILL
IN ALL CASES PROVIDE TFIE DETECTION OR PROTECTION FOR WHICH THE SYSTEM
IS DESIGNED ORINTENDED. ALL OWNERS AND OCCUPANTS OF ANY LOT AND AIL
TENANTS, GUESTS, AND INVITEES OF ANY OWNER" ASSI]ME ALL RISKS FOR LOSS
OR DAMAGE TO PERSONS, TO LOTS, TO RESIDENTIAL DWELLINGS AND TO THE
CONTENTS OF RESIDENTIAL DWELLINGS AND FURTHER ACKNOWLEDGE THAT THE
ASSOCIATION, ITS EXECUTIVE BOARD, COMMITTEES, DECLARANT OR ANIY
SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR
Declaration af Prolective Covenan ls
Rose Ranch P U.D., Phase I
I j-Sep-99
tHll trutl! !,II u! ! uLl' ul ill'
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zg'.i-ai-n-cs6 .os o o.oo GRRFIELD couNTY c0
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HAS ANY OWNER, OCCUPANT, OR ANY TENANT, GT]EST OR INVITEE OF ANY OWNER
RELIED UPON ANY R-EPRESENTATIONS OR WARRANTIES, DCPRESSED gLlfLIP?:
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, RELATME TO ANY FIRE AND/OR BURGLAR ALARM SY'SP}f
OI.T OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY
MEASURES UNDERTAKEN WITHIN THE PROPERTY.
Section 4.12 Power to Provide Services to Subassociations. To the fullest extent pemitted
bytheAct,tfr;er*"i" provide senrices to subassociations'
Such services to any subassociation shall be provided pursuant to an agreement in writing between
the Association and such subassociationi which shall provide for the payment Uy *91
subassociation to the Association of the reasonably estimated expenses which the Association will
incur in providing such senrices to the subassoti"tio.\ including a farr share of the overhead
expenses- of the Association. In lieu of collecting the expenses fo1 such services from the
subassociafion, the Association shall have the right to collect them directly fronr the Members ofthe
subAssoCiation in monthly installments T prrt of tfr" monthly coulmon assessments
Section 4-L3 Power to Provide Spegial Services for Members' To the fullest extent
perrnitted by the Act, th" Att*.*ti"" *"V pto"ia**ites io a Member or group of Members' Aly
service or services to a Memt", o, grooi of Members shall be provided pursuant to an agreement
in writing, or through one or *or" Srpplenrental Declarations, which shall provide for palrn:"l.to
the Association by such Member or group of Members of a coSts and expenses whic! thl
Association estimates it will incurin proiiding such sendces, including a fair share of the overhead .
expenses ofthe Association, and shall containlrovisions assuring that the obligation to pay for such
services shall be Uinaing upon any heirs, personal representativ"s, su"cessors and assigns of the
Member or group of Members, and that thi payment for such services shall be Secured by a lien on
the Iot or Lots of the Member or group of Members and may be collected in the same mauter as
assessrnents or otherwise.
Section 4.14 Do:nestic Water. Water shall be supplied to. elch L3t by a cental water
system which shall be ffi;, "p"*t"d and maintainedby the Association. The water so supplied
shall be used for domestic in-house use only- AII water use shall be metered by water meters^or
;h*;";rrrifi J"vic", approved by the Association. The Association shall be responsible for
setting all rates, fees or charges for tire provision fluough the water system of domestic water service
to the Lot, and each Owner-rt "tt
pay to flre Association the rates, fees or charges applicable-|9 hit
respective Lot. The obligation oiO*rr"r, to pay the Association for such water service shall be a
personal obligatiop of the Owner which the Asstciatiou shall have tire power and duty to enforoe'
Additionat rules and regulations concerning the use, operation, and limitation of the water system
and the water supply tfieby may be promrilgated by tie Association and, if so promulgated, shall
bebinding upon each Unit Owner
Section 4.15 lrrisation Water. Nonpotable irrigation water shall be supplied to each Lot
by a central in-igatiol ryrt"rr rvhich shall be owned, operated and maintained by flre Association'
D crlaratiott of Pro tective Covenants
Rose Ranch P.U.D., Ph.ase J
I j-Sey99 t0
rmil ililr ilil[]il ilililnlllillllililililt ][il
623L33 03/18/2?,@3 @4|@7p 8t447 p904 I't ALSDORF2l of 81 R 406.O4 D 0.00 GARFIELD c0uNTY C0
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Tlre nonpotable water so supplied shall be used solely for tlre inigation of grass, sh:ubs lrees ard
oflrer foiiag e located upo, iti" Property as pen:ritted Uy tt . Associ.atiori and lirnited under this
Declaration and the PIa-t. The Association sliall be rosponsible for setting all rates, fees or charges
for flre provisior: of irrigation water through the irrigation systenr and such rates, fees or charges
^r"rr"d by flre Association against each LoJ receiving irrigatitn water shalJ be apersonal obligation
of the Owner tlrereof which the Association shall ha-ve tle power and duty to enforce- Additional
rules and regulations conceming the use, operation and limitation of the water systern and the water
supply flrereby may be prornulgated by the Associatiou arid, if so promulgated, shall be binding upon
each Lot Owner.
ARTICLE V
POWERS OF THE EXECUTTVE BOARD OF THE ASSOCIATION
Section 5.I Association Rules- From time to time and subject to the provisions of the
Association Documentr, tt " n.*"ttf" goard may adopt, amend, repeal, suspend and publish rules
and regulations, to be known as the "A5gqciation Ruleg,;'goveming, among other things and without
limitation:
(0 The use of the common Arei, including any recreational facilities
which may be construciid on such property, the personal couduct of the Members and their guests,
and the establishment of penalties, in;lui;g, without limitation, the imposition of fines, for the
infraction of such Association Rules;
(ii) Ttre use of any private Roads; and
of aMemb",a*i,,s*$xln"I1'#f,1[3|:iffiffi :#Jll*fi J,HTIfr :r':?ffi "ff;:H-r,
levied by the Associ"tion, as provided in Article )C. Such rights also may be suspended after notice
and hearing for a period not io exceed ninety (90) days for an infraction of published Association
Rules, u6Jss such infraction is ongoing, i" *nitf, case the rights may be suspended drrring the
period of the infraction and for up to ninety (90) days thereafter.
A copy o f the Association Rules in effect will b e disributed to each Member and any change
in the Association Rules wili be distributed to each Member within a reasouable time following the
effective date of the change.
. Section 5.2 hnplied Rielits. The Executive Board may exercise for the Association fl
powels, duties, *a "rE6rity ,"rtrA in or delegated to the Association, aud not reserved to the
Members or Declarant by other provisions of this Declaration or the Articles or Bylaws of the
Association or as provided by law.
ARTICLE VI
D eclaration of P ro teetiv e Covenanls
RoseRanch P.U.D., Phase I
I i-Sep-99 11
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623133 o3l L8/2OO3 @4 zOTP
2i of 81 R 406.oo D @'@o
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B1447 P905 il fiLSDoRF
GRRFIELD COUNTY CO
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PROPERTY RIGI{TS
Section 6.1 Conr:non Area. Every Owner shall have anght and uonexclusive easenrent
of use, access, and enjoynrent in and to the Comnron Area, subject to:
(i) This Declaration, the PIat and any other applicable covenants;
(ii) Aoy restrictions or linritalions contained in any deed conveying such
property to the Association;
(iii) The right of the ExecutiveBoard to adopt rules regulating the use and
enjoyment of the Common Area, including rules limiting the number of guests who may use the
Cornmon Area;
(iv) The right of fl:e Executive Board to suspend the right of an Owner to
use facilities within the Common Area (A) for any period during which any charge or Assessrnent
against such Owner's Lot remains delinquent, and (B) for a period not to exceed ninety (90) days
for a single violation or for a longer period in the case of any continuing violation of the Declaration,
any applicable Supplemental Declaration, the Bylaws orAssociation Rules;
(v) The right of,the Executive Board to impose reasonable membership
requirements and charge reasonable membership, admission, use or other fees for the use of any
facility situated upon the Common Area;
sihratedonthe""**,g'L""t"#f3*:Hft;'m:,",:$:l'tri:f ;J::it##,xl"'
(vii) The right and obligations ofthe Declarant and the Association, acting
through its Executive Board, to restrict, regulate or limit Owners' and occupants' use of the
Common Area for environmental preservation purposes, including, without limitation, wildlife
corridors, winter wildlife ranges and natural wildlife habitat; and
(viii) Any govemmental or quasi-governmental mles, regulations or statutes.
Any Owner may extend his or her right to use aud enjoyment to the members of his or her
family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Executive
Board. An Owner who leases his or her residential dweliing shall be deemed to assign all such rights
to the lessee of such dwelling.
Section 6.2 Expansion. From tirue to time, Declarantmay, but shall notbe obligated to,
expand the Common Area by written instrument recorded with the Clerk and Recorder of Garfield
County, Colorado, all as more fuily set forth in Article XV below.
Drclarati.on of Pr'otective Covenants
Rose Ronch P.U.D., Plnse l
I j-Sep-99
I
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LLulIJ tl[llu H! l
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11-"i-al-n-qso .a@ D o.0o GRRFTELD coUNTY c0
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Section 6.3 Maintenance. The Association shallmaintain ard lceep tlie Conurlon A'rea
in good repair,ar:d the cost of such mainteuance shall be funded as provided in Article XI, subject
to arry insurance then in effect. Thi.s nraint enanceshall include, but shalJ not be linrited to, upkeep,
repaii a:rd replacement of all Roads, landscaping, walls, gates, signage, domestic water systems,
in:igation ryrl",rrr, sidewallcs, driveways and i,rrpiovements, if any (which shall including, without
limitation, snow removal services), located in the Common Area. In the event tlre Association does
not rnaintail or repair the Common Alea, Decldrant shall have flre right, but not the obligation, to
do so atthe expense of the Asso.ciation
Section 6.4 No Dedication to the Public. Nothing in this Declaration or the other
Association Documents will be construed as a dedicatior: to pqblic use, or a grzntto any public
rnunicipal or quasi-municipal authority or utility, or * utt*ption of responsibility for the
rnainteiran"" of *y Common Areaby such authority or utility, absent an exPress written agreement
to that effect.
Section 6.5 Private Amenities. Access to antl use of the Private Amenities is strictly
subject to the *l"r *a pro".d*"r of the respective owners of the Private Amenities, and no Person
gains any right to enter or to use those facilities by virfue of membership in the Association or
ownership or occupancy of a Lot.
ALL PERSONS, INCLUDING AIL OWNERS, ARE IIEREBY 4?\rISED THAT NO
REPRES-EI\IATIONS OR IVARRA]ITIES, EITHERWnfTfnN OR ORAI, ]IAVEBEENMADE
.OR ARE MADE BY DECLARANT OR A}IY OTHER PERSON WITTI REGARD TO THE
NATURE OR SIZE OF IMPROVEMENTS TO, OR THE CONTINUING OWNERSHIP OR
OPERATION OF, TIIE PRIVATE AMENTTIES. NO PURPORTED REPRESENTATION OR
WARRANTY, WNTITTN OR ORAL, IN REGARD TO TT{E PRTVATE AMENITIES SHALL
EVER BE EFFECTWE WITHOUT A}-I AMENDMENT IIERETO EXECUTED OR JOINED
INTO BY DECLARANT.
The ownership, usage of, or operational duties of ard as to the Private Arnenities may change
at any time and from time to time by virtue of, but without limitation, (i) the sale to or assunption
of ojerations by an independent entity, (ii) conversion of the membership structure to an "equity"
club or sirnilararrangement whereby the members of a Private Amenity or an entity owned or
controlled thereby bicome the owner(s) and/or operator(s) of the Private Amenity, (iii) the
conveyance of a Private Amelity to one oi *or" affiliates, shareholders, employees, or indepeudent
contractors ofDeclaran! or(iv) the change in use of anyPrivateAmenity (including, butnot limited
to, play rights with respect to any golf oitennis club). No consent of the Association or aoy Owner
shall be required to effectuate such a transfer or conversion.
Rights to use the Private Amenities will be granted only to such Persons, and on such tenns
and condiiions, as rnay be detennined by their respective owners. Such'owners of the Private
Amenities shall have the right, from tin:e to tirne in ttreir sole and absolute discretion aud without
Declaration of Protective Covenants
Rose Ranch P.U.D., Phase I
13-Sep-99 t3
ilIilfillilr rilH llll lillll illlll lllll lll llllu]l LEI
bzgi3r bbtnngo3 04:olP 81447 P907 I'l RLSDoRF
?4 of 81 R 406.9O D 0.00 GRRFIELD C0UNTY C0
. notice, to anend or waive tlre tenls arid conditions of use of their respective Private y''lrenities alid
\ i to tenninate use rights altogetber.
ARTICLE VII
MECHANIC'S LIENS
Secti onz .l No Liabiliw. If any Owner shall cause any material to be fumished to his Lot
or any labor to be p"rfor*"d therein o, thrr*n, no'Owner or any oltrer Lot sl,all under any
circumstar:ces be tia-Ule for the payment of any expense incurred or for the value of any work done
or material furnished. All such work shall be at the expense of the Owner causing it to be done, a:rd
such Owner shall be solely responsible to contractors,laborers, materialmen and other Persons
furnishing labor or materiais to his or her Lot- Nothing herein contained shall auflroizn any Owner
or any p"rro, deating through, with or under any Owner to charge the Common Area or any Lot
other than the Lot of sluch OJner with any mechanic's lien or other lien or encumbrance whatsoever'
On the contrary (and notice is hereby Bven) the right and power to charge any lien or encumbrance
of any kind against the Common Area or against any Owner or any Owner's Lot for work done or
materials fumished to any other Owner's Lot is herebyexpressly denied
' Section 7.2 Indemnification. If, because of ahy act or omission of any Owner,.any
mechanic's or other ti"o * *a"r zuE payment ofmoney shall be filed against the CornmonArea
oragaiust any other Owner's Lotor *y b*.rortheAssociation (whetherornot such lien ororder
is valid or enforceable as such), the Owner whose act orornission forms the basis for such lien or
order shall at his own cost and expense cause the same to be canceled and discharged of record or
bonded by a surety company reastnably acceptable to the Association, or to such other Owner or
Owners, witfrio nr"nty (iO) aays after the 6"1" sl6hng thereof, and further shatl indemnify and save
all the other Owners *a tt " Association harrrless from and against any and all costs, exPenses'
claims, losses or damages including, without limitation, reaionable attomeys' fees, resulting
therefrorn.
Section7.3 AssociationAction. LaborperformedormaterialfurnishedfortheCom:non
Aleq if duly authorized by the Assmiation in accordance with the Declaration or the Bylaws, shall
be deemedlo be performid or furnished with the express consent of each Owner and shall be the
basis for the frling of a lien pursuant to law againsi the Common Area Any such lien shall be
limited to the Common Area and no lien may be effected. against an individual Lot or Lots'
ARTICLE VIII
PROPERTY RIGHTS OF OWNERS
AND RESERVATIONS BY DECLARANT
Section 8.1 Owner's Easemeut of Enjovurent. Every Owner has aright and easement of
enjoynrent in aud to the Conlnon Area, wirich .t "tl U" appurleuant to and shall pass with the title
to every Lot. Certain third persons also may have accsss to the Conrrnon Ar-ea as set forth in the
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D eclaratiott of Protectiv e Covenan ts
Rose Ranch P.U-D., Phase l
13-Sep-99 T4
ililil1 illlt il|ffi llil illilt liltil il!il til lflllil illlil
623133 O3/L8/2OO3 O4zO1P 81447 P908 I'l RLSD0RF
25 of Er R 406.O@ D A.OO GARFIELD C0UNTY C0
-u Association Rules. Every Owner shall have a right of access to and fi'om his Lot. No Owner shall
1J hinder nor per:nit his guest to hinder reasonable access by any oflrer Owner ar:d his guest to tlre Lots
and parking areas.
Section 8.2 Recorded Easements. TheProperty shall be subject to ali easen:ents, licensei,
covenants, and restrictions as shown on aly recorded plat affecting the Property and 10 any other
easernenls of recor d or of use as of the date of recordation of this Declardtion, including without
limitation those set forth within Exhibit D hereto. h addition, the Propefiy is subject to those
easernents set fort| in this Article VIII.
Section 8.3 Declarant's Rights Incident to Constuction. Declarant, for itself and its
sllccessors and assigns, hereby reseryes * ""r"*.rrt for ionstruction, utilities, drainage, ingress and
egress over, in, upon, under and across the Common Area, togetherwith the right to store materials
on the Comrnon Areq to build and maintain temporarywalls, and to make such other dse of the
Comrnon Area as may be reasonably necessary or incidint to any construction of improvements on
theProperty, or otherreal properfy owned by Declarant, or otherproperties abutting and contiguous
, to tlre Property; provided, however, that no such rights shall be exercised by Declarant in a way
which ru:reasonably interferes with the occupancy, use, enjoyment, or access to the Common Area
by the Owners.
Section 8.4 Utilitv Easements. There are hereby reserved unto Declarant (so long as the
t ,, Declarant owns any of the Property), the Golf Course, the Association, and the designees of eachI | (which may include, without limitation, Garfield County, Colorado and any utility company)
easements upon,.across, over and under all of the Lots, with the exception of the building envelope,
to the extentreasonablynecessary forthepurpose ofinstalling, replacing, repairing, andmaintaining' cable television systeuis, master television antenna systems, securiSr and similar systems, roads,
walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, irrigation systems, street
lights, signage, and all utilities, including, butnot limitedto, water, se:rryers, meterboxes, telephong
gas and electricity. The foregoing easements may traverse the priv3te proper(y of any Owner;
provided, however, an easement shall not entitle the holders to construct or install any of the
forggoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or
building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an
easement shall be reasonably repaired by, and at the expense of, the Person exercising the easemenL
The exercise of an easement shall not unreasonably interfere with the use of any Lot an4 except in
any emergency, enbry onto any Lot shall be made only after reasonable notice to the Owner or
occupant.
Declarant specifically reserves the right to convey to the local water supplier, sewer
authority, eleckic company, natural gas supplier and cable television or comrnunicatious systems
supplier and any other utility supplier ffr €BSellltsrt across the Property for ipgress, egress,
installation, reading, replacing, repairing and maintaining utility r::eters and boxes. However, the
exercise of this easement shall not extend to pennitting entry into the dwelling on the Lot, nor shall
I
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Declaration of Protectit'e Covenants
Rose Ranch P.U.D., Phase J
I 1-Sep-99 15
ilHfl lllll lillll llll lillll llllillllll lll llll|!|-ll Mt?iTsils oirrsrisos' siis;zP-8i447 Psae n RLSDoRF
zo-ii- u R 406 .oo D o.o0 GRRFIELD couNTY c0
, ary utilities be installed or relocated on the Property, except as approved by flre Executive Board or
) Declarant.
Should any entity funiishing a service covered by the general easement lierein provided
request a specific easerlentby separate recordable document, the Executive Board or Declarant shall
have flre right to grant such specific, descriptive easenentover the Property without conflicting wiflr
tlre terms hereof. The easemelts provided for i1 this Article shall in no way adversely affect any
other recorded easement on the Properly. The Owner of a Lot subject to such easernent shall
cooperate with Declarant and the Executive Board and take aII actions, including, without Jimitation,
- executing any documents evidencing such descriptive easen:ent as reasonably requested by the
Executive Boira or Declarant. In the event an Owner fails to cooperate in such matter thi
Association or Declarant may, pursuant to Section 8.14 below, exercise its power to act as that
Owner's attomey-in-fact to'execute any n.ecessary documentation on behalf of such Owner.
The Executive Board shall have the power to dedicate portions of the Common Area to
Garfield County, Colorado, the Special District or to any other local, state or federal government
or quasi- governmental entity.
Section8.5 SupportEasement. EachLotissubjectto ablanketeasementforsupport and
ablanket easement for the maintenance of the structures or improvements presently situated" or to
be built in the future, on the Lots.
Section 8.6 Road Easement. The Lots may have common Roads and/or driveways upon
certain Lots serving more than one Lo! and. there is granted hereby a non-exclusive easement to the
Owners of Lots served by any such Road or driveway for ingress and egress purPoses over and
across those portions of such Lots which are used as aRoad or driveway. No Owner shall hiuder
nor per:rrit his guest to hinder reasonable access by any.other0umer-andhis.guest to the Lots-
Section 8.7 Reservation for Expansion. Declarant hereby reserves for itself and the
Association and"/or for Owners in all fuhrre phases of TheRose Ranch an easement and right-of-way
over, upon and across the Property for conshrrction, utilities, drainage, and ingress and egress from
the Golf Course, and other properties abutting and contiguous to the.Property and the GoIf Coruse,
and for use of the Conrmon Area as may be reasonably necessary or inci.dent to the constuetion of
improvements on the Lots or other improvements on the Property or the'Golf Course; provided,
however, that no such rights shall be exercised by Declaraut in a way which unreassnably interferes
with flre occupancy, use, enjoyrnent, or access to the Common Areas by the Owners. The location
of these easements and rights-of-way may be made certain by Declarant or the Association by
instruments recorded in the office of the Clerk and Recorder, Garfield County, Colorado.
Section 8-8 Enrersency Access Easenrent. A general eisement is hereby granted to all
police, sheriff, frre protection, anrbulance, and other similar emergency agencies or persons to enter
upon the Properfy in tire proper performance of their duties.
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I
--:-.Declaration of Protective Cottenan ts
Rose Ran.clz P.U.D-, Phase l
l 3-Sep-99 16
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Zl "f 81 R 406.AO D 0.00 GRRFIELD COUNTY C0
{
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Section 8.9 e ard Declarant
reserves for itself a:nd its successors, assigns and desigr:ees tlre nonexclusjve right and easement, but
not the obligation, to enter upon the lakes, ponds, skeanrs and wetlands located within the Co:runon
A:'ea to (i) install, keep, maintain, a:rd replacepumps in order to provide water for the irrigation of
any of th.e Common lrea or the Golf Course; (ii) construct, maintaiu, and repair anybulldread, waIJ,
danr or oflrer structure retaining water; and (iii) renrovetrash and other debris flrerefrorn and fulfill
their rnaintenance resporrsibilities as provided in this Section. Declarant, flre Association, and their
designee shall have an access easenrent over and across any of the Property abutting or containing
any portion of any of the lakes, ponds, streams, or wetlands to the extent reasonably necessary to
exercise their rights under this Section
There is further reserved herein for the benefit of Declarant, the Association, and their
designees, a perpetual, nonexclusive right and easement of access and encroachment over the
Common Area and Lots (but not flre dwellings thereon) adjacenlto or within one hundred feet of
lake beds, ponds and streams wittrin the Property, in order to (i) temporarily flood and back water
upon and maintain water over such portions of the Properly; (ii) fill, drain, dredge, deepe_n, clean,
fertilize, dye and generally maintain the lakes, ponds, steams, and wetlands wjthin the Common
Area; (iii) maintain and landscape the slopes, banks and strrounding areas pertaining to such lakes,
ponds, streams, and wetlands; (iv) constmc! maintain, operate, repair, and replacewater lines, water
storogl tarils, water house facilities and other improvements necessary or convenie,nt for the
install'ation and operation of the Association's water system; and (v) enter upon and across such
portions of the Property for the pulpose of exercising its rights under this Section- All Personq
Lntitled to exercise-these easements shall use reasonable care in, and repair any damage resulting
from the intentional exercise of such easements. Nothing herein shall be constued to make
Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall, or
other. natural disasters.
Section 8.10 Easements for Encroachm€nts. To the extent that any improvement
constucted within the Common Area (including, without limitation, any portion of the Roads)
encroaches on any Lot, either currently existing or as a result of auy addition or improvement
pursuant to this Declalation, a valid easiment for such Lot, either cuirently existing or as a result of
any addition or improvement pursuant to this Declaration, a valid easement for zuch encroacbments
and for the maintenance of same, so long as they exis! shail and does exist. In the event any such
irnprovernent is partially or totally deshoyed, and then rebuilt, the Owners agree that n:'inor
enCroachments of parts of such rebuilt improvements shall be permitted and that a valid easement
for said "n"ro""hme5t and the maintenance thereof shallexist so long as the improvanents shall
stand.
SectionS.ll GenerallVlaintenanceEasement. AneasementisherebyreservedtoDeclarant,
and granted to the Association, ald any mernber ofthe Executive Board or the Manager, and their
respective officers, agents, employees, aud assigns, uporl, across, over, in, and under the Property
and a right to make such use of the Property as rnay be necessary or appropriate to make ernergency
D eclara tio n of Protectit'e Covena nls
Rose Ran.ch P.U.D., Phase I
lj-Sep-99
ilililrilil Hlilt lilt tililt rillililIililt lillllt ilffil
623133 03/18/2OO3 @4tO1P 81441 P911 I't RLSDORF
28 ol 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
t'
repai]:s or to perfbnrl tlle duties and functions which the Association is obligated or permitled to
perfor:r pursua:rt to tlie Association Documents or to protect the Association's property.
Section 8.12 Blanket Easernent, Declarant hel:eby reserves to itself, its successors and
assigns, and grants to the Association, a blar:ket easen:ent upon, across, over iurd under tl:e Property,
with the exception of building envelopes, for flre installalion, replacement,repair ard mairrtenance
of drainage, ditcll utility and other service lines and systems, inoluding but not limited to, \vater,
sewer, gas, telephone, television, cable or coulmunication and electric lir:es and systerns and
drainage structures and, further, for flre purpose of cuts and fills ar:d/or retaining walJs adjacentto
the Roads as are necessary or desirable for the proper constnrction, use and maintenance of the
Roads. Declarant, its successors anil assigns, fuilher reserves the right, but not the obligation, and
grants to the Association the riglrt, but not the obligation, to record a document speciffing the
boundaries of such easernents * any time affer such utility lines, roadway cuts and fills and/or
retaining walls, pedestrian kails or.other inrprovements described above have been constmcted.
Section 8.13 Declarant's fueht to Excess Capacity. To flre maximum extent permitted by
the Act, Declarant, during the period of Declarant
"oot
ot ,rra for a period of 20 years thereafter,
reseryes the right to use excess capacity ofthe water system, waterrights, waterways, wells, ponds,
springs and all pumps, pipelines, ditches, ta:tks, measuring devices, meters or other facilities
associated therewith, including airy facilities necessary for the exercise of any existing or
subsequently decreed water rights or augmentation plan together with easements associated
therewith for the conskuction, erection, maintenance, operation, use, expansion, repair and
replacement of the water rights and/or facilities, and to add to such water system or water rights, to
aurend or change any water court decree, or to substitute the water source or anlount of water in any
water right as may be subsequently decreed by appropriate action in the water court or with the State
Engineer's Office.
Section 8.14 Association as Attomey-in-Fact. Each Owner, by his acceptance of a deed
or other conveyance vestiug in him an interest in a Lot, does irrevocably constitute and appoint ttre
Association and./or Declarant with full pov/q of substitution in the Owner's rrtlme, place and stead
to deal with Owner's interest in order to effectuate the rights reserved by Declarant or granted to the
Association, as applicable, with full power, right and authorization to execute and deliver any
inskument affecting the interest ofthe Owner and to take any other action which the Association or
Declarant rnay consider necessary or advisable to give effect to the provisions of this Section and
this Declaration generally. If requested to do so by the Association or Declaran! each Owner shall
execute and deliver awritten, aclorowledged instrumentconfirming such appointment. No Owner
shall have any rights against the Association or Declarant or auy of tireir officers or Directors with
respect thereto except in the case of fraud or gross negligence.
Section 8.15 Deleeation of Use. Aly Owner may delegate his right of enjoyment to the
Conrmon Alea to the members of his family, his tenants, guests, Iicensees, and invitees, but only in
accordance with and subject to the lirnitations ofthe Association Documents.
D eclaratiott of Protective Coven ants
Rose Ranch P.U.D., Plmse l
I j-Sep-99 18
ilHIt tilil iltlll til ililil iltlII ilH il iltilH It tilt
6231,33 O3/78/2@OZ O4:O7P 81447 Pglz n ALSD0RF
29 of 81 R 406.OO D 0.00 GRRFIELD COUNTY C0
, Section 8.16 DecJara:rt's Right of Assignnient . Declarantresen/es the riglrt to assig:r any
\ - J or all of its riglrts, obligations or interests u, D".lir,rt-rt by recording an assigrunent or deed of record
executed by both Declarart and tlre trarsferee or assignee in the Office of tlre Clerk ard Recorder
of Garfield County, Colorado, designatir:g such party as a Successor Declarart. Upon such
r-erording, Declarart's rights ald obligatiorrs under this Declaration shall cease and terminate to the
extent provided ir: such docunrent.
Section 8.17 Easements for Private Amenitv Activities. The Private Amenities and their
members (regardless of whether such members are Owners hereunder), their guests, invitees, and
the employees, agents, contractors, and designees of thePrivate Amenities shall at all times bav.ea
right and non-exclusive easement of access and use over all roadways located within the Property
reasonably necessary to travel from/to the entrance to the Property and from/to the Private
Amenity(ies). Without Iimiting the generality ofthe foregoing, members of the Private Amenities
and permitted members of the public shall have the right to park their vehicles on the roadways' located within the Properfy at reasonable tirnes before, during and after functions held bylat the
. Private Amenities, which may iuclude, without limitation, golf toumaments.
Section 8.18 Declarant's Risht to Conduct Business. Declarant, during the period of
Declarant conkol of the Executive Board and for a period of 20 years thereafter, reseryes the right
to coriduct certain activities which, notwithstanding any provision contained in this Declaration to
the contrary, shall include the right to maintain, r.t"r om"e, management of{ice and other such
f \ faoilities as in the sole opinion of the Declarant may be reasonably required, convenient or necessary
\ for the co-:rstruction, sale and manaBement of any Lots. Such facilities may include without
Iimitation a business office, storage area, constrrction yards, signs, rnodel units, sales offices,
conskuction office, parking areas and lighting and.temporary parking stuctures for all prospective
purchasers oflots.
Section 8.19 Declarant's Right to Vacate and Re-Dedicate Roads. 'Declaran! during &e
period of Declarant control of the ExecutiveBoard and for aperiod of20 years thereafter, reserves
the right to take on behatf of the Association and each Owuer, all actions necessary to cause the
roads, contained within the Properfy and dedicated to the public under the Plat, to be vacated and
re-dedicated to the Association ,nd Own"rs as private roadways for the exclusive use and enjoyment '
ofthe Declarant, Owuers and the Association. In the event Declarant exercises its rights under this
reservation, the Association and eacir Owner shall be deerned to consent to:
i. the filing and prosecutionby Declarant of all petitions/applicatious required
to effect the vacation of such public roads pursuant to Colo. Rev. $ 43-2-303; and
ii the acceptance by Declarant of title to such public roads upon vacation upon
condition that Declarant re-dedicate or convey such roads to tire Association and Owners for use
consistent with this Section 8.19;
Dec laratio n of Pro tectitte Cottenants
Rose Ranch P.U.D., Plwse l
l 3-Sep-99 I9
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523133 03/18/200,3
io-"r El R 400 ,90 D 0.00 SRRFIELD couNTY c0
iii. the filing and prosecution by Declarant, under the Garfield County
Subdivision and Zonu'ry Regulations, of all petitions/applications for zoning or plat a:r:endnrent
wa:ranted by the vacation arrd re-dedication of such public roads to the Associalion ard Owners'
Section 8.20 Declarant?s Right to Create Subassociations. To fte maxin:um extent
pennitted by the Act, Declaraut, during the period of Declarant control and foraperiod of 20 years
thereafter, reselves flre riglrt to create subassociations ormake fl:e Association subject to a master
association, or to merge or consolidate the Association with another association of a similar nature
or same fonn or ownership, whether such merger be into and with an existir:g Association or a
subsequenfl y formed homeowners association.
ARTICLE IX
MATNTENANCE AND LANDSCAPING
Section 9.1 Maintenance and Landscaping of Lots
A. Subject to Article XVI, each'Owner shall be solely responsible for all
landscapingr maintenance and repair of his Lot and of ttre exterior and interior of his residence,
' iricluding all fixtures and. improvements and aII utility lines and equipmentlocated therein or ir1 on
or upon his Lot and is required to maintain t}le Iot and any improvements located thereon in a
(' - , condition of good ordgr and repair. No Owner shall unreasonably damage the value of other Lots
\. such as by shoddy upkeep of such Owler's Lot or any sfiuctures loiated on the Lot.
B. Owuers shall be responsiblo for all maintenance and r,epairs of utility seryice
lines, connections, facilities and related equipment providing service to such Owner's Lot and the
. residence and otherbuildings andimprovements constructeduponsuchLot,with suchresponsibility
to begin at the point where a utility provider ceases responsibility for maintenance and repair for a
particular utility. The responsibility of an Owner for repair and maiutenance shall include those
portious ofsaid Owner's Lot, otherLots, unplattedtracts,platted openspace, plattedeasements, and
streets and roads which are crossed by such a utility senice line or other improvement. All such
expenses and liabilities shalt be bome solely by the Owner of such Lot, who shall have aperpetual
easement in and to that part of the Property lying outside of sueh Owner's Lot for purposes of
rnaintenance, repair and inspection. Each Owner shall use the utiiity service easement provided
herein in areasonable manner and shall promptly restore flre surface overlying such easements when
rnaintaining or repairing a utility senice iine or other improvernent.
C. No Owner shall construct any structure or imprcventent or make or suffer any
stmctural or design change (inctuding a color scheme change), either permanent or ternporaqr and
of any type or nature whatsoever to the exterior of his residence or 'construct any addition or
inrprovement ou his Lot without first obtaining the prior writteu consent thereto fronr flre Design
Review Board pursuant to Article XVI hereto.
Declar atiott of Pro lectit e C-ovenants
Rose Ranch P.U.D-, Phase I
I j-Sep-99
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Section 9.2 Cominon Area. The Association shallmaintain the Com-nron lilea as set forilt
in Section 6.3 above. Maintenaice of the Common Areashallbeperfonned at such tinle and in such
a rnaTuer as flre Association shall detennine.
Section 9.3 Roads.
The Association shall rnaintair: and keep the Roads in good repair, and the
. costofsuchmaintenanceshall be funded as provided inArticleXI. This maintenanceshall include,
but shall not be limitpd to, upkeep, repair and replacernentofthe Roads (which shall include, wiflrout
limitation, snow rernoval services). The Association's responsibility for Road mainfenance under
. this Section applies whether or not such Roads lie on aComrnon kea, or some other area of the
Property. In the event the Association does not maintain or repair the Roads, Declarant shall have
. the right, but not the obligation, to do so at the expense of the Association. The Association.may
contract for these services with any public or private entity.
B. If the Executive Board deems it advisable, the Association may, at any timg
enter into a written agreement to dedicate or convey the Roads to either a meftopolitan district or to
Garfield County. In the event a dedication to Garfield County is made under this Section, the Roads
mustrneet all Garfield County road and trail plan standards alplicable at the time of such dedication.
Garfield County SHALL HAVE NO OBLIGATION T0 ACCEPT THE OWNERSHIP OF TIIE
ROADS OR THE RESPONSIBILITY TO MAINTAI}{TIM ROADS.
t\( t Sectiong-4' MaintenanceCoukact. TheAssociationorExecutiveBoardmayemployor
contact for the services of a third party to perfomt certain delegated powers, fi.rnctions, or duties of
the Association to maintain the Common Area- The employed individual or maintenance company
shall have the authorit5r to make expenditures upon prior approval and direction of the Executive
Board. The Executive Board shall not be liable for any omission or improper exercise by the
employed third party of any dut5r, power, or function so delegated by written instrument executed
by or on behalf of the Executive Board.
Section 9-5 Owner's Failure to Maintain or Repair. In the event that a Lot and the
irnprovernents thereupon are notproperly mainteinedandrepaired by an Owner, orinthe eventthat
ttre improvemelrts ou the Lot are darnaged or destroyed by an event of casualty and the Owner does
not take reasonable measures to diligently pursue and rEair the reconstruction of the damaged or
destroyed improver:rents to substantially the same coudition in which they existed prior to the
darnage or destruction, then the Association, after notice to the Owner ar:d with the approval of the
Executive Board, shall have the right to enter upon the Lot to perfonn such work as is reasouably
required to restore the lot and the buildings and other irnprovernents thereon to a condition of good
order and repair. All costs incurred by the Association in connection with the restoration shall be
reiurbursed to the Association by the Owner of the Lot, upon demand. A11uru'eimbursed costs shall
be a iien upon the Lot until reimbursement is made. The lien may'be enforced in the same manner
. as a lien for an unpaid assessment levied in accordance with Article XI of this Declaration.
i
_:
Declaratiott of Pt'otective Coven.ants
Rose Ranch P.U.D., Phase l
I 3-Sep-99
A.
21
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32 ol El R 4@6.OO D 0.00 GRRFIELD COUNTY C0
I Section 9.6 Drainage Sfiuctures. All drairragecontrolshuctures locatedon the Property
.l sball be maintained by the Association in confonnrr.",irifl, tlreprovisions set foflh withjn thereport
dta{ted by Fligh Counfiy E:gineering, Inc., datedOctober I4',1gg} and titled MAINTENANCE
PLAN FOR ROSE RANCH'S BEST MANAGEMENTPMCTICES --BEST MANAGEMENT
PMCTICES --WATER QUAIITY & DRAINAGE STRUCTURES.
Section 9.? Parkland Maintena:rce. The Association shall, in the maintenance and cdre
of all parks and otherlands contained within flre Propertyas Common Areas,be subjectto and abide
by the Best Management Practices set fbrth in the reports prepared by Environmental & Turf
S ervices, Inc. titled TI{E ROSE RANCH INTEGRATED GOLF COURSE MANAGEMENT PLAN
(Dated August 31, 1998) and MANAGEMENT PLAN AND RISK ASSESSMENT FOR TI{E
ROSE RANCH GOLF COURSE @ated July 10, 1998).
Section 9.8 Maintenance of Reports. The Association shall maintain within its oflices
copies of the reports identified and referenced in Sections 9.6 and 9.7 above, which reports shall
remain available for inspection and review by all Members, the De0larant and the County of
Garfield.
ARTICLE X
TNSURANCE AND FIDELITY BONDS
Section 10. 1 General hrsurance Provisions. The Association shall maintain, to the extent
reasonably available:
(i) Property insurance on the Common Area for broad forrn covered
causes of loss; except that the total amount of insurance must be not less than the full insurable
replacement costs oithe insured property less reasonable deductibles at the time the insurance is
purchased and at each renewal date, sxclusive of land, excavations, fouudations, paving areas,
landscaping and other items nonnally excluded from property policies; and
(ii) Cornmercial general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use, or management of ttre Common Area and
the Association, in an amount deemed sufficient in the judgment of tire Executive Board, insuring
the Executive Board, the Association, the Manager, and their respective ernployees, agents, and all
persons acting as agents. Declarant shall be included as an additional insured in Declarant's capacity
as an Owner and Executive Board rnember. The Owners shall be included as.additional insureds but
onl.y for clairns and tiabilities arising in courection with the ownership, existence, use, or
management of the Common Area. The insurance shall cover claims of one or more insured parties
against other insured parties.
(ii, The Association may cany such other and further insurance that the
Executive Board considers appropriate, including insurarrce on Lots, or insurance covering the acts
Declaratio n of Pro tective Cottenants
Rose Ranch P.U.D., Phase I
I 3-Sep-99
{
1
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72
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or ontissions of of{icers, directors, employees or agents of the Association, or other insurance that
/ tlre Association is not obligat ed to catry to protect the Association or tlie Owtiers.
Sectiorr 10.2 Carcellation. If the insura:ce described in Section 10.1 is not reasonably
available, or ifanypolicy ofsuch insurance is canceled ornot renewed wiflrouta replacetnentpolicy
therefor having been obtairred, the Associbtion promptly shall cause notice of flrat factto be hand
delivered or sent prepaid by Ur:ited States rnail to all Owners.
Section 10.3 PolicvProvisions. Insurancepolicies carriedpursuantto Section 10.I must,
to the extent available, provide that:
(i) Each Owner is an insured person under the policy with respect to
liability arising out of such Owner's membership in theAssociation;
(ii) The insurer waives its rights to subroga.tion under the policy against
any Owner or member of his household;
(iiD No act or omission by any Owner, unless acting within the scope of
such Owner's authority on behalf of the Association, will void the policy or be a condition to
recovery under the policy; and
. name of an Owner covering flre same risk covered by the policy, the Association's policy provides
primary insurance.
Section 10.4 Insurance Proceeds- Any loss covered by the property insurancepolicy
described in Section 10.1 must be adjusted with the Association, but the insurance proceeds for that
loss shall be payable to any insuranqe trustee designated for that purpose, or otherwise to the
Association, and not to any holder of a security interest. The insurance tustee or the Association
shall hold any insurance proceeds in finrst for the Owners and Mortgagees as their interests may
appear. Subject to the provisions of Section 10.7 below, the proceeds must be distributed first for
the repair or restoiatiou of the damaged propert5r, and the Association, Owners and Mortgagees are' .not entitled to receive payment of any portion of flre proceeds unless there is a surplus ofproceeds
after the dauraged property has been compietely repaired or restored or flre regime created by this
D eclaration is terminated.
Section l0-5 Association Policies. The Association rnay adopt and establish written
nondiscriminatory policies and procedures relating to the subrnittal of claims, responsibility for
deductibles, and any other rnatters of ciaims adjusbnent. To the eitent the Associ.ation settles claims
for darnages to real property, it shall have the auflrority to assess negligeut Owners causing such loss
orbenefitting from such repair or restoration all or any equitable portion of flre deductibles paidby
the Association.
Declarati.on of Proteclive Covenants
Rose Ran.ch P.U.D., Phase I
l3-Sep-99 23
Section 10.6 Insurer Obligatjon. To the extenl the following is available, an itisurer flrat
has issued an insurar:ce policy for the insura.nce described in Section 10.1 shall issue cerdficates ot
ntenroranda of insuratce to flre Association and, upon rEuest; to any Owner or Moflgagee' Unless
otherwise provided by statute, the insurer issuing the policy may not c?rrcel orrefuse to renew it until
flrirly (30) days afler notice of tlre proposed carrcellation or nonrenewal has been niailed to the
Association and to each Owner arrd Mortlagee to whom a cetlificate or memorardunt of insurarce
has been issued at their respective last-lo:own addresses.
Section 10.7 Repair and Replacement
A. . Any portion of the Common Area for which insurance is required under this
Article which is damaged or destroyed must be repaired or replaced prompfly by the Association
unless:
(i) The regime created by,thit Declaration is terminated;
(ii) Repair or replacement would be illegal under any state or local statute
or ordinance governing health or safety;
(iii) Sixty-seven percent of theOwners vote not to rebuild, including the
vote of every Owner of a Lot or as'signed limited common element that will not be rebuilt; or
(iv) Prior to the conveyance of any Lot to aperson other than Declarant
the Mortgagee holding a deed of trust or mortgage on the damaged portion of the Common Area
rightfully demands all or a substantial part ofthe insurance proceeds.
B. Thecost ofrepairorreplacementinexcess ofinsuranceproceeds andreserves
is a Courmon Expense. If the entire Cornmon Area is not repaired or replaced, the insurance
proceeds athibutable to the damaged Common Area must be used to restore the damaged area to a
condition compatible with the rernainder of The Rose Ranch, and excePt to the extent that other
persons will be distributees, the unused insurance proceeds must be diskibuted to all the Owners or
Mortgagees, as their interests may appear in proportion to the Common Expense liabilities of all the
Lots.
Section 10.8 Common Expenses. Premiums for insurance that the Association acquires
and other expenses connected with acquiring such insurance are Conrmon Expenses.
Section 10.9 Fidelitv Insurance. Fidelity bonds rnust be maintained by the Association to
protect against dishonest acts ou the part of its Directors, officers, trustees, and enrployees and on
the part of all others who handle or are responsible for handling the funds belonging to or
administered by the Association in an amount uot less than lwo n:onths' cun'ent Assessrnents plus
reserves as calculated fiorn the cunent budget of the Association. In addition, if responsibility for
handling fiurds is delegated to a Manager, sucir bond may be obtained for the Manager and its
(
D eclaratiotr of Pro tective Covenants
Rose Ranch P.U.D., Phase l
l3-Sep-99 24
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\ officers, enrployees, and agents, as applicable. Aly suclr fidelity coverage shall nanie tlle
I Association as an oblig ee and such bonds shall contain waivers by the issuer s of all defenses based
upon tlre excJusion of persons serving witlrout compensation froni the definition of "en1ployees,"
or sinrilar terms or expressions.
Section 10.10 Worker's Compensation Insurance. TIre Executive Boa:'d shall obtain
worker's compensation or similar insurance with respect to its enrployees, if applicable, in the
ounts and forms as may now or hereafter be required by law.
' Section 10.1 1 Other Insurance. The Association shall also nraintain insurance to the extent
reasonably available and in such amounts as the Executive Board may.deem appropriate on behalf
ofDirectors agaiust any liability asserted against aDirector or incuned by him in his capacity of or
arising out of his status as a Director. The Executive Board nray obtain insurance against such other
risks of a similar or dissimilar nature as it shall deem appropriate wiflr respect to the Association's
responsibilities and duties.
Section 70.12 Insurance Obtained by Owners. Each Owner shalt obtain and at all times
maintain physical darnage and liability insurance for such Owner's benefit, at such Owner's expense,
covering the full replacement value of the Owner's Lot and residence (except to the extent any such
Lot is encurnberedbyan easementconveyedto theAssociationas CommonArea), personalproperty
and personat liability insurance in a limit of irot less than Five Hundred Thousand Dollars'
\ ($500,000.00) in respect to bodily qjury or death to any number of persons arising out of one
' accident or disaster, or for damage to property, and if higher limits shall at any time be customary
to protect against tort liability such higher limits shall be carried. In addition, an Ownermay obtain
such other and additional insurance coverage on the Lot and residence as such Owner in the Owner's
sole discretion shall conclude to be desirable; provided, however, that none of such insurance
coyerage obtained by flre Owner shall operateJo decrease the amount which the Executive Board,
on behalf of all Ovrmers, may reahze under any policy maintained by the Executive Board or
otherwise affect any insurance coverage obtained by the Association or cause the diminution or
termination of that insurance coverage. Any insurance obtained by an Owner shall include a
provision waivi.g the particular insurance company's right of subrogation against the Association
and other Owners, including Declarant, should Declarantbe the Owner of any Lot. No Owner shall
obtain separate insurance policies on the CommonArea
AII Owuers are required to maintain on file copies of all such cunent policies with the
Association to evidence their obligations hereunder and to facilitate recovery of all appropriate
awards or proceeds by the Association.
ARTICLE XI
ASSESSMENTS
Section 1 1 .1 Oblieation. Each Owneq including Declarant, by accepting a deed for a Lot,
is deemed to covenant to pay to the Association (i) the A:lrual Assessments imposed by the
{
D ecbratio rt of Protective Covenants
Rose Ranch P.U-D., Pltase ]
I3-Sep-99 25
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36 of 81 R 406.0o D 0.00 GRRFIELD COUNTY C0
\ Executive Board as necessary to meet the Conuron Expenses of majntenallce, operation, and
rnanagelxent of the Common l,rea and to per{on:r the functior:s of the Association; (ii) Special
Assessments for capital improvenrents and other purposes 4s stated in this Declaratiorl, if pennitted
under the Act; and (iii) Deiault Assessnrents which,may be assessed against a Lot for the Ownerrs
failure to perfon:r a:r obligation under the Association Docultrents or because the Association has
incurred an expellse on belralf of the Owner uuder tlre Association Documents.
Section 11.2 Purpose of Assessments- The Assessments shall be used exclusivelyto
prornote the health, saftty and welfare of the Owners and occupants of The Rose Rar:ch, for tle
i*pror"*ent and rnaintena:rce of the Cornmon Area and oflrer areas of Association responsibility
referred to herein, as more fully set forth in this Article below and in Article XVI[.
Section 1 1.3 Budeet. Within thirty (30) days after the adoption of any.proposed budget
for theAssociation, the Exeiutive Board shall mail, by ordinary first-class mail, or otherwise deliver
,a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to
consider ratification of th" budget not less than fourteen (14) nor more than sixty (60) days after
mailing or other delivery of the io**ury. Unless at that meeting sixty perc ent (60%) of all Owners,
whether or not present at the meeting, reject the budgel, the budget is ratified, whether or 19t a
quorum is present. Irn the event that thi proposed budget is rejected, the periodic budget last ratified
by the Owners must be coutinued until such time as the Owners ratiff a subsequent budgetproposed
by the Executive Board. Tlie Executive Board shall adopt a budget and submit the budget to a vote
1 oitt
"
Owners as provided herein no less frequently than annually. The Executive Board shall levy
I and assess the Annual Assessments in accordance with the annual budget.
Section I 1.4 Annual Assessments. Annual Assessments for Common Expenses made shall
be based upon the estimated cash requirements as the Executive Board shall from time to time
determine to be paid by all of the Owners, subject to Section 11.3 above. Estimated Cornmon
Expenses shall include, but shall not be limited to, ttre cost ofroutine maintenance and operatiou of
the Common Area; expenses ofmanagement, taxes and special governmental assessments pertaining
to the Common Area and insurance premiurns for insurance coverage as deemed desirable or
necessary by the Association; landscaping, care of grounds within the Common Area; ioutine repairs
and renovations within the Common Area; wages; couunon water and utility charges for the
Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the
Association undei or by reason of this Deciaration; payment of any default remaining from a
prdvious assessment period; and th.e c:eation of a reasonable contingenc)r or other reserve or surplus
firnd for general, routine maintenance, repairs, and replacement of irnprovements within flre
Common Ar"u on a periodic basis,'as needed. Notwithstanding the use of the tenn "Annual"
Assessments, the Association may establish an Annual Assessment for less than 12 months (e.g', set
trvo six month "Annual Assessments"). Until the Association makes an fuurual Assessment, the
Declarant shail pay all Conrmon Expenses
A,urual Assessments shall be payable on a prorated basis each year in advarce and shall be
d.ue on the first day of each month, caiendar- quarter or yeal, as detennined by the Executive Board-
t
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Dedaratio n of P rctective Caven an ts
Rose Ranch P.U.D., Pltase I
l3-Sep-99 26
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37 of 31 R 406.OO D 0.00 GRRFIELD COUNTY C0
, The omission or failure of the Association to fix the A,:r:rual Assessnrents fbr any assessment period
i i shall not be deen:ed awaiver,modification, or release of tlre Owners fi-orn tlieir obligation to pay
fl1e same. The Association shall have tlre right, but not tJre obligation, to nrake prorated refunds of
ar:y l,:r:rual Assessnrents in excess of the actual expenses incurred in any frscal yew. In the
aTlemativalheExecutiveBoard may elect to allocatearrysuch excess Assessments to anAssociation
working capital fund or to a:r Associatior: reserve fund.
Section 11.5 ApportiorulentofA:mualAssessments. EachOwnershallberesponsible for
that Owner's share of tl:e Common Expenses, which shall be divided arnong the Lots on the basis
of flre Sharing Ratios in effect on the date of assessment, subject to fl:e fullowing provisions. All
expenses (including, but not limited to, costs of maintenance, repair, and replacement) relating to
fewer than aII of the Lots to the extent not covered by insurarrce may be bome by the Orners of
those affected Lots only at the reasonable discretion of the Executive Board. The formula used in
establishing Sharing Ratios is an equal allocation among all ofthe Lots.
Section 1 1.6 Special Assessments. In addition to the Annual Assessments autlorized by
this Article, the Association may levy in any fiscal year one or more Special Assessme,nts, if
permitted under the Act, payable ovei such a period as the Association may determine, for the
purpose of defraying, in whole or in part, ttre cost of any construction or reconstruction, unexpected
repair or replacement of improvements within the Common Area or for any other expense iucurred
or to be incu.ed as provided in this Declaration. This Section 11.6 shall not be constmed as an
, independent source of authority for the Association to incur expense, but shall be constued to
prescribe the marurer of assessing expenses authorized by other sections of this Declaration, and in
acting under this Sectior:, the Association shall make specific references to this Section. Any
arnounts assessed pursuant to this Section shall be assessed to Owners in the same ProPortion as
provided for Annual Assessments in Article X[, Section 11.4; subject to $e requirements that any
extraordinary maintenance, repair or restoration work on fewer than all of the Lots shall be bome
by the Owners ofthose affected Lots only; and any extaordinary insurance costs incurred as a result
of the value of a particular Owner's residence or the actions of a particular Owner (or his agents,
servants, guests, tenants, or invitees) shall be borne by that Owner. Notice in writing inthe amount
of such SpeciaL Assessments and the time for payment of the Special Assessments shall be given
pronrptly to the Owners, and no payment shall be due less tharittrirty (30) days after such notice
shall have been given.
Section I I .7 Default Assessrnents. All monetary fuies assessed against an Owner pursuant
to the Association Documents, or any expense of the Association which is the obligation of an
Owner or which is incun-ed by the Association on behalf of the Owner pursuant to the Association
Docurnents, shall be a Default Assessment and shall become a lien against such Owner's Lot which
rnay be foreclosed or otherwise collected as provided in this Declaration. Notice offlre amount and
due date of such Eefault Assessrnent shall be sent to the 0wner subject to such Assessment at least
thirty (30) days prior to the due date.
D eclaratio tt of Prolective Cotienants
Rose Ranch P-U.D., Phase I
I 3-Sep-99 27
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38 of 81 R 406.Oo D O.0O GARFIELD C0UNTY C0
, Section 11.8 Effect of Nonpayrnent Assessment Lien. A.ny Assessnrent iDstallnrent,
)whetherpertainingtout,whichisnotpaidwitlrir:flriny
(30) days after its due date shall be delinquent. If an Assessment installnrent beconres delinquent,
the Association, in its sole discretion, :rrry
tal<eany or all of tlre following actions:
(i) Assess alate cliwge for each delinquency in such arnount as the Associatiorl
deems appropriaie;
(ii) Assess an interest charge fiom tbe date of delinquency at the yearly rate of
two points above the prime rate charged by the Association's bank, or such other rate as the
Executive Board rnay establish, not to exceed twenty-one percent (21%) Per arulum;
(iii) Suspend the voting rights of the Owner during any pe.riod of delinquency;
(iv) Accelerate all remainingAssessmentinstallments so thatunpaidAssessments
for the remainder of the fiscal year shall be due and payable at once;
(v) Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments ; and
._ .i (vi) Proceed with foreclosure as r"ifortf, in more detail below.
\'
Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may
. institute foreclosure proceedingr "g"i*t the defaulting Owner's Lot in the manner for foreclosing
a mortgage on real iroperty unal the laws. of the State of Colorado. In the event of any such
foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and
interest thereon, the cost and expenses of suctr proceedings, the cost and expenses for filing the '
notice of the claim and lien, ,oA all reasonable attomey's fees incurred in connection with the
e,nforcement of the lien.
The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and
hold, lease, mortgage, and convey the same. The Association may bid for the Lot at the foreclosure
sale and acquire, hotd, lease, mortgage ard convey the Lot, While a Lot is owned by the Associatiou
fotlowing for""ior*": (a) no right to vote shall be exercised on its belralf; (b) no assessrnent shall
. be tevied on it; and (c) eich othei Lot shall be charged, in addition to its usual Assessment, its eqrtal
pro rata share of the Assessment that would have been clrarged such Lot had it not been acquired by
ihe Association- The Association may sue for unpaid Common Expenses and costs'wiflrout
foreclosing or waiving tire lien securing the satne.
To the maximurn extent permitted. by iaw, the lien of the Assessntents will be superior to and
prior to any homestead exemption provided now or in flre futureby tlre law of the State of Colorado,
*O to all other liens and encunrbrances except iiens and encurnbrances recorded before the date of
the recordilg oftlris Declaration, and liens foigovenurental assessments or charges imposed against
Declaration of P ro tective Cov enants
Rose Ranch P.U.D., Phase J
I 3-Sep-99 28
ilililt ilIil illlll llilllllll lillil lllll lll llill llil III|
623133 @3/18/2OO3 O4za1P 81447 ?922 n ALSDORF
39 of 81 R 406.00 D 0.OO GRRFIELD COUNTY C0
II
a Lotby aColorado govenxt'tsrtal orpolitical subdivision orspecial taxingdislrict or ally other Iien.s
made superior by statute.
Section 11.9 . TheanioultofanyAssessmentchargeabl eagainstany-
Lot shall be a persorral and individual debt of tlre Ownerof same. No Qwner rnay exempt hin:self
from liability for the Assessment by abandorulrent of his Lot or by waiver of tlre use or enjoyrnent
of all or any part of the Common A1ea. Suit to recover a n:oney judgnent for unpaid Assessnrents,
aly penalties a:rd interest thereon, tlre cost and expenses of such proceedings, and all reasonable
attorney's fees in copection therewiflr shall be maintainable without foreclosing or waiving the
Assessment lien provided in this Declaration.
Section I I . 1 0 Successor's Liabilit.v for Assessments. The provisions ofthe Act shall govem
ard control: (a) the obligations of successors to the fee simple title of a Lot on which Assessments
are delinquent-and (b) the subordination by the lien of the Assessments provided for in this
Declaration. Notwithstanding the foregoing or any contrary provision herein, the lien of 'the
Assessments shall represent a prior and senior lien and shall enjoy priority over any First Mortgage
recorded subsequent to the recording of the Declaration
Section 11.11 PaymentbyMortgagee. AnyMortgageeholdingalienon aLatmaypay arLy
unpaid Assessment payable with respect to such Lo! together with any and all costs and expenses
inJuned with respeci to the lien, and upon such payment that Mortgagee shall have a lien on the Lot
for the amounts paid with the same priority as the lien of the Mortgage-
Section 11.72 Statement of Status of AssessmentPavment. Uponpayme,:rt of a reasonable
fee set from time to timeby the Executive Board and upon fourteen (14) days' written request to the
Manager or the Association's registered agent, any Owner, Mortgageg prospective Mortgagee, or
prospectivepurchaser of alot.shall be fumished with awritten statement setting forttr the amgun!
if mi unpaid Arr"rr*ents, if any, with respect to such Iot. Unless such statement shall be issued
by personal delivery or by certified mail, fiist class postage prepaid, return receipt requested, to the
i"qoiri"g party (in which event the date of posting shall be deerned the date of delivery) within
fourteen (i+) days, the Association shall have no right to assert a lieu upon the Lot over the inquiring
parfy's interest for unpaid Assessments which were due as of the date of the request.
Section 1 1 . 1 3 Capitalization of the Association. Upon acquisitiou of record title to a Lot
from Declarant or any seller after Declaran! each Owner shall conkibute to the working capital and
resewes ofthe Associatiop au arnount equal to twenty-five percent (25%) ofthe Annual Assessment
d.etermined, by the Executive Board for that l,ot for flre year in whieh the Owner acquired title' Such
paynrelts shall not be considered advance palmrents ofthe Annual Assessments. The unused portion
of ttre workigg capital deposit shall be retumed to each Owner, without interes! uporl the sale of his
Lot, provid"a tftu:t the new pulchaser of the Lot has deposited the required working capital $eposit
with the Association. The Executive Board shall be entitled to make use of the working capital
reserves in its discretion following a ten (10) day written notice of its intention to so use the reserves
and the purposes therefor is rnailed to all of the Owners.
Declaratiotr of Protectitt e Cov enants
Rose Ranch P.U.D., Phase l
I j-Sep-99 29
lllill iltil tililt illl illlll llllil lllll lll lllil llt llll
623133
4@ of
A3/L8/2OO3 O4;A1P
81 R406.00DA.OO
81447 P923 lt RLSDoRF
GRRFIELD COUNTY CO
Section ll .I4 Real Estate Transfer Assessnrent. Ifpermitted by law, the Executive Board,
in its discretion, may l.rye r"d *trtr trr,*f". ,*. rt upon the tra:isfer of realproperty within
flre Property. Any such real estate tra:rsfer assessment must be madepursuant to cefiain uniform
procedures, limitations and exclusions as are curently in effect for other similar real estateprojects
inGarfieldCounty,Colorado- Inaddition,theprocedures,lirnitationsandexclusionsnrustbeplaced
ofrecord by theAssociation in the Office of tJ:e Clerk a:id Recorder for Gar-field Corurty, Colorado,
prior to tlre enactnrent of such levy. tn no event shall the real estate kansfer assessment rate exceed
two percent Qo/o) of the faii rnarket value of the property being transfered.
ARTICLE XII
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in
the name of the Association pursuant to Article X upon their damage or destruction as provided in
Anicle XIII, or a complete or partial taking as provided in Article XIV below. Acceptance by a
grantde of a deed or other instument of conveyance from Declarant or any other Owner conveying
any portion of the Properfy shall constitute appointment ofthe Association as the grantee's attorney-
in-fact, and the Association shall have fuIl authorization, right, and power to make, execute, and
deliver any conhac! assignment, deed, waiver or other instument with respect to the interest of any
Owner which may be necessary to exercise the powers granted to the Association as dttomey-in-fact.
ARTICLE )fitr
DAMAGE OR DESTRUCTION
Section 1 3. 1 The Role of the Executive Board.. Except as provided in Section 13.6, in the
event of damage to or destnrction of all or part ofany Common Area improvement, or other Proper[y
covered by insurance written in the name of the Association under Article X, the Executive Board
shall a:range for and supervise the prompt repair aud restoration of the damaged Property (the
Properfy insured by the Association pursuant to Article X is sometimes referred to as thel'Associatioq-Insured ').
Section 13.2 Estimate of Damages or Destruction. As soon as practicable after an event
causiug damage to or destruction of any part of the Association-Insured Property, the Executive
Board shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that
itdeemsreliableandcompleteofthecostsofrepairandreconstruction...@,
as used in Article )C[II shall rnean restoring the danraged or destroyed'inrprovements to substantially
the same condition in which they existed prior to the damage or deskuctiou. Such costs may also
include professional fees and premiums for such bonds as the Executive Board or the hrsurance
Trustee, if any, determines to be necessary.
D ecl aration of Pro tective Cov enants
Rose Ranclz P.U.D., Phase l
I 3-Sep-99 30
ilr!ilt ilIil illlll llll lllll lillll llill lll lllll llll llll
623133 @3/18/2OO3 O4:O7P 81447 P924 l'l RLSD0RF
41 ot 81 R 406.00 D O.O0 GRRFIELD COUNTY C0
r Section 13.3 RepairandReconsfiuction. Assoolr asprac$calafleltlie datnageoccurs and
\ ,I alyrequired estinrateshavebeen obtained, flreAssociation sliail diligentlypursueto completion flre
repair and reconstnrction ofthedan:aged or destroyed Association-Insured Propefly. As attomey-in-
fact for the Owners, flle Association may take any md all necessary or appropd ate action to effect
repair utdreconstruction ofany datnagetoflre Association-Insured Property, and rro cotxent or oflrer
action by any Owner shall be nr"rrrrry. A.ny repair and reconstruction of damaged or destroyed
Roads sirall, at a minimum, meet all standards approved by Garfeld County for The Ro.se Ralch
project. Assessments of the Associatiorr shall not be abated during the period of insurance
adjustments and repair and reconstruction.
' Section 13.4 Funds for Repair and Reconstruction. The proceeds received by the
Association from any hazudi**"*" "rrri"a -t V tt
" Attotirtio, shall be used for the purpose of
. repair, replacement, and reconstruetion of flre Association-Insured Properfy. If the proceeds of the
Association's insurance are insufficient to pay the estimated or actual cost of such repair,
replacement, or reconstn-lction, or if upon completion of such work the insurance proceeds for the
payment of such work are insufficienq the Association may, pursuant to Article )([, Section I l'6'
tui subject to applicable law, levy, assess, and eollect in advance from the Owners, without the
necessity of a siicial vote of the O*rr"rr, a Special Assessment sufJicient to provide funds to pay
such ostimated or actual costs of repair and ieconsfirrction. Further levies may be made in like
manner if the amounts collected prove insufficient to complete the repair, replacement or
reconltruction-
\' Seotion 13.5 Disbursement of Funds for Repair and Reconstuction' The insurance
proceeds held by the Association and the amounts received from the Special Assessments provided
for above ro*titrt" a fund forthe payment of the costs of repair and reconstrrction after casualty'
It shalt be deemed that the first money disbursed in payment for the costs of repat and
reconstn-Iction shall be made from insuranqe proceeds, and the balance 'from the Special
Assessments. If there is a balance remaining after payment of all costs of such repair and
reconstruction, such balauce shatl be distributed to the bwottt in proportion to the contributions
each Ownermade as Special Assessments, then in equal shares per Lot, fust to the Mortgagees and
tlten to the Owners, as their interests'appear or, in the reasonable discretion ofthe Executive Board,
the balance may be paid to any maintenance over working capital reserves naaintained by the
Executive Board. .
Section 1 3.6 Decision Not to Rebuild Conunon fuea. If Owners representin g atlea.* 67 o/o
of the total allocated votes in the Association (other than Declarant) and 5l% of the Mortgagees
holding First Mortgages (based on 1.0 vote for each Morlgage which encurnbers a Lot) and all
directfi adveisely "ff""t"a Owners agree in writing not to repair and reconstruct improvements
within fl:e Copunon Area and ifno altenrative improvements are authorized, then and in that event
the darnagerl property shall be restored to its natural state and nraintained as an undeveloped portion
of the Conrmon Area by the Association in a neat and attractive condition- In the event such a
written agreement not to repair or reconstruct is made regarding any Road, such decision ntust
D eclaration af Protective Covenanls
RaseRanch P.U.D., Phase I
) 3-Sep-99 31
ilrilt illll illlllllll lllll llllillllillll llmlllffi
aigEg ot/18/2oo3 o4to7P 87447 P925 ll RLSDoRF
42 ol El R 496.00 D 0.00 GRRFIELD OOUNTY C0
i additionallv receive the written conselt of the Board of County Cornntissioners, Garfield County,
I a;;;;. ; .y remainirig insurance proceeds sirall be distributed in accordartce with the Act'
ARTICLE XIY
CONDEMNATION
Section 14.1 Rights of Owners. Whenever all or any part of the Cgrnmon {r-ea shall be
taken by any authoriry fiil; po*o of *ndemnation or erninent domain or whenever all or any part
ofthe Common Areais conveyed in lieu of ataking ur:der threat of condemnation bylhe.Executive
Board acting as attorney-in-fact for ail Owners ,id", instructions from any authority having the
power of condemnationor eminent domain, each Owner shall be entitled to notice of the taking or
conveying. The Association shall act as attomey-in-factfor all Owners in the proceedings incident
to ttre condemnation proceeding, unless oltrelwise prohibited by law.
Section 14.2 . The award
l.
made for such taking shall be payable to tfr" erro.i"ti; as trustee'for those Owners for whom use
ofthe Common Area was conveyed and, unless otherwise roquired under the Act, the award shall
be disbursed as follows:
If the taking involves a portion of the Common Area on which improvements have been
constructed, then, unless within sixty days after suchtakingDeclarant and the Owners who represe'lrt
at least 67yo of thevotes of all of the owners shall othenvise agree, the Association.shall restore-or
;;;il;;;;;;ovements so taken on the remaining una inctuded in the Common Area to the
extent lands are available for such restoration or replaciment in accordance with plans approye! by
the Executive Board and the Design Review Board. If such improvementl 3re to be repaired or
restored, the frovisions in Article XItr above regarding the disbursement of firnds with respect to
casualty darnage or destnrction which is to be t"!"it"JtnAl apply' I{E taking does not involve
any improvements on the Common Area, or if tf,ere is a decision made nbt to repair or restore' or
if there are net funds remaining after any such restoration or replacement is completed'-then sugh
award or net funds shall be distributed in equal shares per Lot amollg the Owners, first to the
Mortgagees and then to the Owners, as their interests apPear'
Section 14.3 Complete Condemnation. If all ofthe Propeffy is taken, coudernned, or sold,
oroflrerwise diqposed ori, ii"o of or in avoid*"" ofcond.emnatiln, then the regime created by this
Declaration shall terminate, and the portion of the condemnation award attributable to the Comnron
Area shall be distributed as provided in Article XIII, Section 13'5, above'
ARTICLE XV
EXPANSION, SUBDIVISION AND WITHDRAWAL
{
Section 15.1
D eclaration of P rotective Covenants
Rose Ranch P.U.D., Pltase I
l3-Sep-99 32
ilililt llill lillll llll illlll llllll lllll lll llilll lil lfil
623133 O3/18/2OO3 @4:A7P 81447 P926 l'l ALSD0RF
43 of 81 R 406.00 D o.00 GRRFIELD C0UNTY c0
{ ---L1 - : aL. ., 1r- r----o-.-\ ,. A. Declarant resetves the right for itself alrd a.r:y Successor Declar a)t at any ti:lne
and fiom tinre to tinre, to add the l,,luexable Property to the Property. ln accordulce wjth the
foregoing, each Owner of a Lot hereunder hereby grarts toDeclarant md any Successor Declxant,
the right to add the Aruiexable Property to the Property and to rriodil'y sucli Owner's rights in and
to the Conunon l':'ea and Association, as n:ore particularly set fbrtlr ir: Section 15.4.
Notwithstandingthe foregoing, Declarant is auflroizedLoconveyportions offlreAarnexableProperty
prior to its addition, to such third party or parties as it may deem appropiate,whether for purposes
consistent with flris declaration or otherwise.
('
B. Declarant reserves the right to add additional, unspecified real estate to the
Property to the fullest extentpermitted by the Act.
C. Declarant reserves the right to subdivide any Lot into trvo or more Lots, and
to create duplexes or multi-family facilities on any Lot either pursuant to re-subdivision, the
subjection of such d-uplexes or multi-family units to a common interest ownership regime or other
lawful means.
D. To the maximum extent permitted by the Ac! Declarant reseryes the right for
itseLf and any Successor Declarant any time and from tirne to time to withdraw from theprovisions
of this Declaration any real property subject to this Declaration or zubjected to this Declaration by
a duly recorded Supplemental Declaration, and, ifnecessary, Supplemented Plat prior to the time
of a sale of a Lot within that phase of the Property as described in this Declaration or in said
Supplemental Declaration and, if necessary, Supplemental Plat.
E- The new Lots shall beiubject to all of the terms and cond.itions of this
Declaration and of any Supplemental Declaration, uponplacing the Supplpmental Declaration and,
if necessary, the Supplemental Plat(s) ofpublic record in the real estate records of Garfield County,
'Colorado.
Section 15.2 S\rpple:nental Declarations ar,rd SuBplemental Plats. Suchexpansionmay be
acconrplished by the filing for record by Declarant in the Office of the Clerk and Recorder for
Garfield County, Colorado, of oue or more Supplemental Declarations and, ifthe real properly being
subject to this Declaration by such Supplemental Declaration has not been previously platted in a
plat recorded in the Office of the Clerk and Recorder for Garfield County, Colorado, of a
Supplemental Plat depicting such real property recordgd concunently with the applicable
Supplemeutal Declaration. The Supplemeutal Declaration shall set forth the Lots and other real
propeltSt, if any, to be included in the expansion, together wiflr any coveuants, conditions,
iestrictions and easements particular to such property. The expansion may be accomplished in stages
by successive supplernents or iu one supplemental expansion. Declarant rniy exercise such rights
for expansion in whatever order of development Declarant in its sole discretion determines.
Declarant shall not be obligated to expand the real property subject to this Declaration.
I
D eclat'ation of Protective Cove,xan.ts
Rose Ranch P.U.D., Phase l
I 3-Sep-99 33
623133
44 ol
truil ililrililmilt llilil t!ilililllt tililillt ilt tilt@3/78/2oO3 O4:O7P 8t447 p9Z7 n ALSDORF81 R 406.00 D O.OO GRRFIELD COUNTY CO
Section I5.3 Exparision of Definitions. In the event of such expansion, resubdivision or
creation ofcondominiunr, duplex, town homeorothermulti-faniilyunits, thedefinitions used inthis
Declaration shall be expanded automatically to encompass ard refer to the Property subject to this
Declaration as so exparded, resubdividd or created in condominiums, duplexes, town honres or
multi-family units. For example, "Lot'1shafl nrean the Lots as sJrown on flre PIat plus any additional
Lots added by a Supplemental Declaratiorr and, if necessary, Supplemental Plat or Plats (but
avoiding duplication such that if three town homes were created from o:re Lot, then there would be
a net two additional Lots), and reference to this Declaration shall mean tlris Declaration as
supplernented. All conveyances of Lots shall be effective to transfer rights in the Property as
expanded.
Section 15.4 Effect of Expansion.
A. Upon the inclusion of additional Lots under this Declaration by the fiting of
a Supplemental Deciaration(s) and, if necessary Supplemental Plat($ thereo{ the Sharing Ratio
applicable to a Lot shall automatically bereduced to a fraction, the numerator of which shall be ohe
(1) and the denominator ofwhich shall be equal to theaggregate number of Lots then subjectto this
Declaration. Such reduction in the Sharing Ratio appurtenant to a Lot shall be reflected and set forth
in the Supplemental Declaration-
B. Notwithstanding any inclusion ofadditional Lots underthis Declaration, each
Owner shall remain fully liable with respect to its obligation for the paynent of the Corn:non
Expe'nses of the Association, including the expenses f-or such new Common Area, costs and fees, if
any. The recording of a Supplemental Declaration or Supplemental Plat shall not alter the amount
of the Common Expenses assessed to a Lot prior to such recording
Section 15.5 Termination of Expansion and Development hights. The rights reserved to
the Declarant for itr"fjtr *Gr* *a *rigr for tti"*iilri", *a a*elopment pursuant to
Section 15.1 ('Expansion and Developm ) shatl expire twenty (20) years from the date
of recording this Declaration, unless terminated earlierpursuant to the terms and provisions of the
Ac! or r:nless the Expansion and Development Rights are (i) extended as allowed by law or (ii)
reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the
Executive Board may impose on the subsequent,exercise of the Expansion and Development Rights
by Declarant
ARTICLE XVI
DESIGN GUIDBLINES AND REVIBW BOARD
Section 16-l Desiep: Review Board and Guidelines. There is hereby established a Design
Review Board (the "Desipnr Review Board"), which will be responsible for the establislrment and
administration of Desigrr Guidelines to facilitate the ilurpose and intent of this Declaration.
{
Declaratiott of Protective Covenants
Rose Ranch P.U-D-, Phase I
l3-Sep-99 34
ilrilil ililr Hill ilt ililil l]til iltil t1 ililll il [il
623133 A3/18/2@O!O4:O7P 87447 P928 l'l RLSDORF
45 of 8l R 406.@0 D O.OO BARFIELD C0UNTY C0
Section 16.2 Purpose and General Authorig. The Desigu Review Boald will review, study
and either approve or reject proposed improvemel:ts on the Propefly, all in conrplia:rce witlr tlris
Declaration and as further set forth in the Design Guidelines arrd such rules and regulations as the
Design Review Board'may establish fronr tirne to tinre to govent its pr-oceedings. No inrprovement
will be erecte'd, placed, reconstructed, replaced, repaired or ot]ier-wise altered, nor will any
construction, repair or reconstruction be somrnenced until plans for the improvements shall have
been approved by the Design Review Board; provided, iro*.rrr, that irnprbvements that ue
completely wiflrin a dwelling structure may be undertalcen without sucJr approval.
Section 16.3 Board Discretion. The Design Review Board will exercise its reasonable
juilgment to see that all irnprovements conform and harmonize with any existing structures as to
extemal design, quality and type ofconstruction, seals, materials, color, Iocation on the building site,
height, grade and finished ground elevation, landscaping, ffid the schemes and aesthetic
considerations set forth in t]:e Design Guidelines and other dssociation Documents. The Design
Review Board, in its sple discretion, may excuse compliance with such requirements as are not
necessary or appropriate in specific sihrations and 4ay permit compliance wiflr different or
alternative requirements. The approval by the Design Review Board of improvements on the
Properly shall carry no precedential weight when reviewing subsequent requests for approvals, and
the Design Review Board shall not be required to approve requests for the same or similar
irnprovements.
Section 16.4 DesiqnGuidelines- TheDesignGr:idelinesmayincludq amongother things,
at the sole discretion of theb"rign R"ri"* Board, Ihe resnictions and limitations set forth below:
(, Procedures and necessary fees formaking application to the Design
Review Board for design review approval, including the docurnents to be submitted and the time
lirnits in which the.Design Review Board must act to approve or disapprove any submission.
(ii) Time limitations for the completion, within specified periods after
approval, of the irrrprovements for which approval is required under the Design Guidelines.
(iii) Designation of the building site on a Lot and establishing the
maxinrum developable areas of the Lot.
(iv)
be developed on any Lot;
Minimum and maximum square foot areas of living space that may
(v) Landscapingregulatious,with limitations and.restrictionsprohibitiug
the removal or requiring the replacement of existing h'ees, the type and use of plants, and other
practices benefitting the protection of the environnrent, conserryation of water, aesthetics and
architechrral hannony of The Rose Ranch.
D eclaration of P ro tective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99
f\
35
tffiilt !ilil l1ilt llll lllffillllll lllll lillllll lll llil
623133 03/18/2993 OAtg7P 81441 P929 Il RLSD0RF
46 of 8l R 406.00 D O.00 GRRFIELD C0UNTY co
(\
(vi) General instructions for the construction, reconstructioq refinishing
or alteration of any inqrrovenrent, includin gary pla:r to excavate,fill or malce any other ternporary
or pennanerft cbange irr the natural or existing surface contour or drainage or any installation or
utility Iines or conduits on tlle Proper[r, addressing nratlers such as loading areas, waste storage,
trash removal, equiprlent and materjals storage, grading,transfbnlefs atd nreters.
The Design Review Board may anrend, repeal and augment flre Design Guidelines from tirne
to time, in flre Design Review Board's sole discretion. The Design Guidelines will be binding on
all Owners and oflrer persons governed by this.Declaration. Notrvittrstanding flre foregoiog, tt "Design Review Board is empowered in its discretion to grant variances from the requirements ofthe
Design Guidelines under unique or unusual circumstances.
Section 16.5 Design Review Board Membership. The Design Review Board will be
composed of not less than three (3) persons nor more than five (5) persons. The Design Review
Board need not include any Member of tlre Association. All of the merrrbers of the Design Review
Board will be appointed, removed and replaced by Declarant, iri its sole discretion, until all ttreLots
comprising the Property are sold unless required otherwise by the Act, or such earlier tirne as
Declarant rnay elect to voluntarily waive this right by notice to the Association, and at that time the
Executive Board will succeed to Declarant's right to appoint, remove or replace the members of the
Design Review Board.
Section 15.6 Organization and Operation ofDesim Review Board.
A. The tenn of office of each member of the Design Review Board, subject to
Section 16.5, will be one year, commencing January I of each year, and continuing until his
successor shall have'been appointed. Should a Design Review Board member die, retire or become
incapacitated, or in the event of atemporary absenceof amember, a successormaybe appointed as
providedbelow.
B. So loug as Declarant appoints the Design Review Board, Declarant will
appoint the chairrnan. At zuch time as the Design Review Board is appointed by the Executive
Board, the chairman will be eleeted annually frorn arnong the members of the Design Review Board
by a majority vote of such mernbers. tn the absence of a chairman, the party responsible for
appointing or electing the chairman may appoint or elect a successor, or ifthe absence is temporary,
an interim chairrnan.
C. The Design Review Board chainnan will take charge of and conduet all
tneetings and will provide reasonable notice to each member of the Design Review Board prior to
any meeting. The notice will set for0r the time and place of the meeting, and notice may be waived
by any member.
D. The affirmativevote ofrnajority ofthemembers ofthe Design Review Board
will govem its actions and be the act of tire Design Review Board.
D eclaratio rt of Protective Covenanls
Rosi Ranch P.U.D., Phase l
I 3-Sep-99 36
illllll ililtilil[ ililllllll llllll lllll|.ll llllll lll tlll'er;i& Qiirlaiisoi a4talP 81447 Ps30 n RLSDoRF
i1-Zt 81 R 400.00 D 0,00 GRRFIELD couNTY c0
) E. TheDesign Review Board may avai)itselfofothertech.r:ical and professional
advice and consultants as its de#s appropriale, and the Design Review Boa:'d may delegate its plar
review responsibilities, except final review and approval, to one or rnore of its n:embers or to
consultantsretainedbytheDesignReviewBoard. Upontlratdelegatiott,theapprovalordisapproval ,of plans and specifications by such member or consultant will be equivalent to approval or/
disapproval by the entire Design Review Board.
Section 16.7 Expenses. Except as provided in this Section below, all expenses of the
Design Review Board will be paid by the Association and will constitute a Common Expense. The
Design Review Board will have the right to charge a fge for each application subnritted to it for
review, in an amount which may be established by the Design ReviewBoard from time to time, and
such fees will be collected by the Design Review Board and remitted to the Association to help
defray the expenses of the Design Review Board's operation. Further, the Design Review Board
rnay retain the services of a third parfy consultant to assist the Design Review Board in reviewing
aparticular application. In such event, the Design Review Board may charge the applicant for.the
professional fees incurred in retaining such consultant.
Section 16.8 Qther Requirements. Compliance wiflr the Association's design review
Process is not a subsfinrte for compliance with County of Garfield building, zoning and subdivision
regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may
be required prior to commencing constnrction. Further, the istablishment of the Design Review
Board and procedures for architectural review will not be construed as changing any rights or
restrictions upon Owners to maintain and repair their Lots and improvements as otherwise required
under the Association Documents.
' Section 16.9 Limitation ofliabilitv. NeithertheDesign Review Boardnorany individual
Design Review Board member will be liable to any person for any official act of the Design Review
Board in connection with submitted plans and specifications, except to the extent the Design Review
Board or any individual Design Review Boardmemberacted withmalice orwilfulwrongful intent.
Approval by the Design Review board does not necessarily assure approval by the appropriate
govemmental or comrnission for the County of Garfield, Notwithstanding that the Design Review
Board has approved plans and specifications, neither the Desigrr Review Board ,ror *y of its
members will be responsible or liable to any Owner, developer or contractor with respect to any loss,
liability, claim or expense which may arise by reason or such approval of the consbuction of the
irnprovements. Neither the Executive Board, the DesigpReview Board, nor any agent thereo{, nor
Declarant, nor any of its partners, en:ployees, agents or consultants will be responsible in any way
for any defects in any plans or specifications submitted, revised or approved in accordance with the
provisions of the Association Documents, nor for any structural or other defects io
"ny
work done
according to such plans and specifications. In all events the Design Review Board will be defended
and indenurified by the Association in auy such suit orproceeding which may ar-isebyreason of the
Design Review Board's decisions. The Association, however, will not be obligated to indenrnify
eacir ntember ofthe Design Review Board to the extent that any such member of the Design Review
Declaratiott of Protecti.ve Covenants
Rose Ranch P.U-D., Phase I
I j-Sep-99
t' '\
i
I
37
tlllil ililrilH llll lllllt llllil lllll lll il]il lI| Ltll
s2-stJr o3/ta/2oo3 a4filP 81447 P93t 1'l RLSDoRF
48 of 81 R 406.OO D 0,00 GRRFIELD C0UNTY C0
\ Board is adjudged to be liable for malice or wilful rvrongful intent iri the perfomra:rce of his duty as
\ I amember of tlre Design Review Board, unless ald tlien only to the extent that the cout-t in which
sucli action or suit nray be brought detenr:ines upon application that, despite tlle adjudicatiott or
Iiability but in view of all circumstances of the case, suchperson is fairly andreasonably entitled to
indenrnification for such expense as such courl slrall deenr proper
Section 16. I 0 Erforcement
A. Any menrtrer or authorized consultant of fte Design Review Board, or any
authorized officer, Director, employee or agent of the Aiisociation may enter uPon any Lotal any
reasonable tirne after notice to the Owneq without being deemed guilty of trespass, in order to
inspect improvements constructed or under construction on the t ot to determine whether the
improvements have been or are being built in compliance with ttre Association Documents and the
plans and specifications approved by the Design Review Board-
B. Before any improyements on a Lot may be occupied, the Owner of the Lot
will be reqirired to obtain a temporary certificate of cornpliance issued by the Design Review Board
indicadnf substantial completion of the improvements in accordance with the plans aud
specificriioor approved by the Design Review Board, and imposing such conditions for issuance of
afrnal certificaie of comjtance issued by the DesignReview Board as the Desigu Review Board
may detenrrine appropriate in its reasonable discretion. Without limiting the generality of the
,, \ preceding sentence, the Design Review Board may require that the Owner deposit with the board
t iuch sums as may be necessary to complete the construction and landscaPing on the Lot by a
specified date. If the construction and landscaping is not completed as schedule4 the Design
Review Board may apply the deposit to cover the iost of completing the work and enforce such other
remedies as are available to thL Association for the failure of the Owner to comply with these
covenants, including, without limitation, the remedies set forth in this Sectioa.
C. Upon completion of conskuction, the Design Review Board will issue an
acknowledged certificati of comiliance setting forth generally whether, to the best of the Design
Review B oard's lm.owledge, the improvements ori a particular Lot are in compliance with the terms
and conditions of the Design Guidelines
D. Every violatiou of these covenants is hereby declared to be and to constitute
a nuisance, and every public or private remedy allowed for such violation by law or equity agaiust
aMernberwill be appticable. Without iimiting the generality ofthe foregoing, these covenants may
be enforced as provided below:
(i) The Design Review Board may adopt a sche.dule of fines for failure
to abide by the Design R-eview Board rules and the Design Guidelines, including fines for failure to
obtain arry required approval fronr the Design Review Board.
D eclaration of Protective Covenants
Rose Ranch P.U.D., Phase l
l3-Sep-99 38
illlil Hlllffillll illlll llllll lllll lll llllll lll lIIl
623133 @3/\U2OA3 O4:O7P 87447 P932 1'l BLSD0RF
49 of 81 R 406.O@ D 0.00 GRRFIELD COUNTY C0
)
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(ii) The Association, upol: request of the Design Review Board attd aftet
reasonable notice to the offender ald, if different, to the Owner, may enter upon ally LoL at any
reasonable tinie afternotice to the Owner, witiroutbeingdeenred guilty of trespass, and remove ary
improvement constructed, reconstructed, refinished, allsred or n:aintained in violation of tJrese
covenants. Tire Owner of the improvement will inlnediately reinrburse the Associ.ation for all
expenses incurred in connection with such removal. If the Owner fails to reilnburse the Association
wjflrin thirly (30) days after lhe Association gives the Owner notice of the expenses, the sum owed
io the Association will bear intbrest at the default rate from the date of tlre advance by the
Association flrrough the date of reimburs,ement in firll, and all such sums and interest will be a
Default Assessment enforceable as provided in Article XI.
(iii) All improvements commenced on lhe Properly will be prosecuted
diiigently to completion and will be completed within one (1) year afrer commencement, unless an
exception is granted in writing by the Design Review Board- If an improvement is colnmenced and
construction is theu abandoned for rnore than ninety (90) days, or if constnrction is not completed
within the required one (l) year period, then after notice and opportunity for hearing as provided in
the Bylaws, the Association may impose a fine of $1,000p er day (or such other reasonable amount
as the Association may set) to be charged against the Owner offlre Lot until consti'uction is resumed,
or the irnprovement is completed, as applicable; unless the Owner can prove to the satisfaction of
the Executive Board that such abandonment is for circumstances beyond the Owner's control. Such
charges will be a Default Assessment and lien as provided in Article XI
Section 16.1 I Bindine Effect. The actions of the Design Review Board in the exercise of
its discretion by its approval or disapproval of plans and other information submitted to it orwith
respect to any other matter before it will be conclusive and binding on all interested parties-
ARTICLE XVII
PROPERTY USE RESTRICTIONS
Section 17.1 GenemlRestriction. SubjecttoDeclarant'srightsunderthisDeclaration, the
Properly will not be used. for any purpose other than as set forth in these covenants, as permitted by
any applicable ordinauces of the County of Garfield and the laws of the State of Colorado and the
Uuited States, and as set forth iu the Association Documents or other specific recorded covenauts
affecting all or any part of the Property.
A. Use of Lots. Subject to Section 17.5, which pennits certain business uses of
a Lot, aud Section 3.5.F, which permits rnodel residences and offices under certain circumstances,
each Lot may be used only for residential purposes iu accordance with the restrictions appli.cable to
a particular Lot set forth in this Declaration, the Plat, P.U.D. Resolutions of Approval and l.U.D
Map. No business or conurercial building may be erected on any Lot and, except as noted above,
no business or commercial enterprise or other non-residential use may be conducted on any parl of
a l,ot.
Declaratiott of Protectit,e Covenants
Rose Rarclr P.U.D., Plnse I
I 3-Sep-99 39
tlIIililill illlLllll illll Hllllllll lll lilll lll ffil
623133 o3/18/2OO3 O4:O7P 81447 P933 l'l RLSDORF
5B of El R 406.00 O 0.00 GRRFIELD C0UNTY c0
i ' B. Excavation. No exeavation will be m.ade except in corurection wjth
intprovenrarts approved as provided in these covenants. For pulposes of this Section, "excavaliott"
neans ar:y disturbarce of the surfh.ce of the land which results in a removal of eadh, rock, trees, or
other substance adepth of nrore than eighteen (18) inches below the natural surface of flre land.
C. Water ar:d Sanitation. Eaqh structure designed for occlpancy shall connect
with the sanitation facilities made available by the Roaring Fork Water and Sanitation Disfict and
lJredomestic and irrigation facilities rnade availablebytheAssociation and/orother approved utility
provider.
D. Wells/Drilling. No well &om which water, oil or gas is produced will be dug,
nor will storage tanks, reservoirs, or any installation ofpower, telephoue or oflrer utility lines (wirg
pipe or conduit) be made or operated anyvhere on the Property except in connection with water
wells and works operated by public agencies or duly certified public utility companies; provided,' however, that the foregoing will not prevent the drilling of orinstallation of additional water wells
by Declaraut or its assigns. The drilling or excavation for minerals shall not be perrritted on the
Properfy
E. Antennae. No exterior radio, television, microwave or other anterurae or
antennae dish or signal capture and distribution device will be permitted without the prior written
/ \ consent of the Design Review Board, and appropriate screening.
\
F. Sims- No signs of any kind will be displ.ayed to the public view on or from
anyportionoftheProperfy exceptsigns ofDeclarantoritsafEliates, assigns ordesignees established
. during the period ofDeclarant control ofthe ExecutiveBoard (including, without limitation, certain
. informational, directional and multLfamily project signs) or signs required by law or signs approved
by the Design Review Board. No 'Tor Sale"-or "For Rent" sign may be posted on any Lot, except
for standard "for sale" or "for rent" signs that do not exceed four square feet.
G. Animals and. Pets. No animals, livestoclg or poultrry of any kind will be kept,
raised, or bred on any portion of the Property, except dogs (subject to the limitations in
' Section XVIII herein), cats or other household pets (the kind and nurnber ofwhich may be regulated,
pemritted or prohibited from time to time by the Association Rules).
H. Contairunent. Household pets, such as dogs and cats, may not be petnitted
to nrn at large at any time. Those pets which, in the sole discretion of the Executive Board make
objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to
the occupants or other Lots or wildlife shall be reruoved upon request of the Executive Board. Ifthe
pet owner fails to honor such request, the Executive Board may rernove the pet.
. I. Drairiaee. No Orvner will do or permit any work, place any landscaping or
install any other irnprcvements or suffer the existence of any condition rvhatsoever which will alter
D eclaration of Pro tective Covenants
Rose'Ranch P.U.D., Plnse l
I j-Sep-99 40
lllilil tililililililt llilil llilililllt lllltffilil lllt623133
51 of
L
I
@3/78/2OO3 O4IOTP 81447 P934 l,t RLSDORF81 R 406.00 D O.AO GARFIELD COUNTY CO
or interfere with the drainagepatteni for tire Property, excepftto the extent such alteration and
dranagepattehr is approved in writing by the Design Review Board or the Executive Board, and
except for riglrts reserued to Declara:lt to alter or change drainagepattems.
J. Constructior: Reeulations of the Design Guideli:res. All Owners ard
contractors will complywitlr theportions offteDesign Guidelinesregalatingconstruction activities.
Such regulations rnay affect, without Jimitatiou, flre following: trash and debris removal; sanitary
facilities; parking areas; outside storage; restoration of damaged property; conduct and behavior of
builders, subcontractors and Owners' representatives on the Properfy at any time; the conservation
of landscape materials; and fire protection-
K. Blastine- If any blasting is to occur, theDesign Review Board and Declarant
will be informed far enough in advance to allow them to make such investigation as they deem
necessary to confirm that appropriate protective mea"Sures have.been taken prior to the blasting. No
blasting shall occur without iuch prior written approval. Notwithstanding the foregoing, no approval
of any blasting by Declarant of the Design Review Board will in any way release the person
conducting the blasting frorn all liability in connectionwith the btasting, nor will such approval in
any way be deemed to make Declararif or the Design Review Board liable for any damage which
rnayoccurfromblasting, andthepersondoing theblastingwill defend andholdharmless andhereby
indernnifies Declarant and the Design Review Board from any such exPense or liability. Declarant
ortheDesignReview Board may impose any reasonableconditions andrestrictions, includingtime
and date restictions, on all blasting.
L- Temporaqr Structures. No temporary skuctures will be permitted except as
rnay be d.etermined to Ue necessary Ouring construction and as specifically authorized by the Design
Review Board.
, M. No Conversion. No Owner shall construct or convert any carport, girage, a$c
or other unfinished space, other than a basement, to finished space for use as an apartment or other
integral part of the living area on any residence without appioval of the Desigu Review Board, the
Association and the Garfield County Buitding Deparknent
N. No Outside Clotheslines. No laundry or wash will be dried or hung outside
on the Property.
O. Motorized Vehicles. No tucks, trail.bikes, recreational vehicles, motor
homes, motor coaches, snowmobiles, campers, traiier, boats orboat trailers or silnilar+elicles, other
than passeuger automobiles or pickup or utitity trucks with a capacity o(one-half ton or $s, ?, *{
other motorized vehicles will be parked, stored or in any.mauner kept olp.kee&on-an-y porhon oI
the Property except in an enclor"d grrrg.. This reshiction, however, will noibe deerned to prohibit
coulnercial and construction vehicles and construction mobile offices, in the ordinary course of
business, fronr making deliveries or otherwise providing services to the Property or for Declarant
or the other Owners.
Declaration of P ro tective Covenants
Rose Ranch P.U.D., Pha.se l
I 3-Sep-99
f\
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41
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623133 03/ l8/2@O3 @4 t@7P
52 ol 81 R 406 .AO D @.OO
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I
87447 P935 I'I ALSDORF
GRRFIELD COUNTY CO
Parkine atid Auto Repair. No auton:obiles or other vehicles will be parked
in.any street orupot't any poflion of thePropedy, except within Earages, ca4totls or designated
parking areas, except as provided herein. No work on automobiles or other vehicle repair will be
perfunned in.any visible or exposed porlion of the Property exceptin enrergencies.
a. Abandoned. Inoperable. or Oversized Vehic]es. No abandoned or inoperable
vehicles of any kind will be stored or parked on any portion of the Property, oflrer than within
enclosed garages, except as provided beJow. "Abandoned or inoperable " is delined as any
vehicle which has not been driven under its own propulsion for a period of tluee weeks or longer;
provided, however, this will not include vehicles parked by Owners while on vacation or residing
away from the Property. A written notice describing the "abandoned or inoperable vehicle" and
requesting its removal may be personally served upon the Owner or posted on the unused vehicle'
ff snch vehicle has not been removed within seventy-tw o (72) hours after notice has been given, the
Association will have the right to remove the vehicle without liability, and the expense of removal
will be a Default Assessment charged against the Owner.as provided in Section XI. All unsightly
or oversized vehicles, snow removal equipment, garden maintenance equipment, and all other
unsightly equipment and machinery may be required by Declarant or the Executive Board to be
stored at a designated location or locations. "Qversized" vehicles, for purposes of this Section, will
be vehicles which are too high to clear the entrance to aresidential garage.
R Outside Burning. There will be no exterior fires, except barbecues and
braziers and incinerator fires contained within facilifies or receptacles and in areas designated and
approved by the Design Review Board. No Owner wilL peimit any condition upon its portion ofthe
Propertywhichcreates afrrehazard oris inviolation offirepreve,ntionregulations. No.Ownershall
permit any fireworks, except as permitted by the nrles of the Association and in compliance with
applicable law.
S Ng:[se. No exterior homs, whistles, bells or other sound devices exce,pt
security devices used exclusively to protect the security of the Property or improvements, will be
placed or used on any portion of the Properfy.
T. Liehtins. All exterior lighting of the improvements and grounds on the
Propert5r, or interior lighting visibie outside of a3y building, will be subject to regulation by the.
Design Review Board.
U. Obstructions. There will be 1o obstruction of any walkways or bike paths or
interference wiflr the free use of those walkways and paths except as may be reasonably required in
corurection with repairs. The Owners, their faruilies, tenants, guests and invitees are granted
non-exclusive easements to use the walkrryays anil paths within the Property. That use will be
subject to the Association rules adopted by the Executive Board from tinre to tirne.
D eclaratiort of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99
P.
(-'
42
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53 of 81 R 406:@9 D 0,00 GRRFIELD C0UNTY c0
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V. Trail Restrictions. Aly trail easements sliown on the Plat, as contrasted to
Roads, are restficted to hiking, cross-country skiing, sr:owslroeirtg utd mountain biking. No
tttoLoized vehicles are per:aitted or: tlie trail easemerrts, provided, however, flre right io use golfcarts
upon the trail easements depicted upon the Plat as "Goll'Easernents" shall be permitted so Iong as
the golf cart is used for transportation to or from tlre Golf Course or during the nonlal course ofplay
of golf upon the Golf Course.
W. No fence,wall, hedge or mass planting shall be
constnrcted or permitted without the express written approval of the Desigr Review Board.
X. Camping and Picnicking. No carnping or picnicking will be allowed within
the Property except iu those areas designated for those pLrposes. The Executive Board, in its
discretion, may ban or permit public assernblies and rallies within the Property.
. Y. House Numbers. Each dwelling unit will have a house number with a design
and location established by thq Design Revi.ew Board.
Z, Nuisance. No obnoxious oroffensive activity wilt be carried on within the
Property, nor will anything be done or permitted which will constitute apublic nuisance. No nsise
or other nuisance will be permitted to exist or operate upon the Property so as to be offensive or
detrimental to any other part of the Property or its occupants.// \./\\ ee. Hazardous Material. No hazardous or toxic materials (as defined under any
1ocal,stateorFea",atffiinance)willbestored,generated,emittedfrom,released
from, transported to or from, disposed of or used on the Property, except for norrral household
purposes in such quantities as do not violate environmental laws.
BB. Water Use. Lawn and garden irrigation from the Association's domestic
water system shall be limited per Lot to no rnore than tenthousand (10,000) square feet.
CC- Sewage Disposal. No sewage diqposal system, sanitary system, cesspool or
septic tank shall be constructed, altered or allowed to remain or to be used on any Lot except as
provided herein. All Lots within the Property shall be connected to a central sewage disposdl system
operated and maintained by Roaring Fork Water and Sanitation District or such other water and
sanitation district or gover::rnental or quasi-govenunental agency providing sewage disposal seryices
to ttre Property. Any sewage disposal system installed for Property within the Property shall be
subject to applicable laws, rules and regulations of any govemmental authority having jurisdiction.
DD. Wetlands. No inrprovernent shall be conshucted within 25 feel of any
Wetlands boundary as depicted upon the Plat, and no residence shall be constucted outside the
boundaries of the building envelope existing upon certain Lots as depicted upon the Plat.
D eclaration of Pt'otectiv e Covenants
Rose Ranch P.U.D., Phase l
I j-Sep-99 43
Lff|l| ulll ulll.illl ililt rilil ililt til ilr!il il[Il623133 03/78/2003 04:O7p Bti4fF-ssz ll nLSD0RF54 of 8l R 406.@0 D O.O@ GRRFIELD COUNTY CO
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\upon arry Lot.
EE. Tarrl<s. No elevated talks of any kind shall be erected,placed, or permitted
FF. General Practices Prohibited. The following practices ar e prohibit ed at the
Property:
(i) Allowing construetion suppliers and contractors to clean their
equipnrent other than at a location desigrrated for that purpose by fie Desigr: Review Board;
(ii) Removing any rock, plant material, top soil or similar items from any
property ofofliers;
(iii) CarryingfirearrusontheProperty;
(iv) Use of surface water for construction;
. (v) Careless disposition of cigarettes and other flammable materials;
incircumstanceso".,#'],,#lHffi X?i3ffi ::"!$',:?;lT:lt',i:t[H*:i:fl:?'except
(vii) A:ry activity which materially disturbs, threatens or destroys the
vegetation, wildlife, wetlands, or air or water qualrty within the Property or which use excessive
arnounts of water or which result in unreasonable levels of sound or light pollution.'
Section 17.2 Use of Propertv Durine Constnrction.'It will be expressly permissible and
proper for any. Owner actiug With the prior written consent of the Design Review Board and for
beilarant, and theirrespective employees, agents, independent contractors, successors, and assigns
involved in the constnrction of improvements on, or the providing ofutility sewice to, the Froperty,
the Golf Course, or other real pioperty owned by Declarant, to perform such activities and to
maintain upon portions of the Common Area as they deem necessary such facilities as may be
reasonably-required, convenient, necessary or incidental to such constrrction and development of.
the Property. ittis pemrission specifically includes, without lirniting the generality ofthe foregoing,
maintaining storage ,reas, -colshrrction yar-ds, model residences, sales offices, management offices
and equipment and signs. However, no activity by any Owner will |e performed and no facility will
be rnaintained on any portiorl of the Properry in such a way as to urueasonably interfere with the use,
enjoyrnent or access of such Owner or iris tenants or guests of and to his Lot. lf any Owner's use
under this provision is deemed objectionable by the Design Review Board, then the Desigu Review
Board, in its sole discretion, may withdraw this pemrission.
Section 17.3 Partition or Combination of Lots. No part of a Lot may !e pardtioned or
separated fi'om any other part thereof. No Lots may be cornbined, but the Owner of trvo or rnoie
contiguous Lots may build ole single family dwelling unit on the contiguous Lots, upon complying
Declaratiott oJ Protectit e Covenanls
Rose Ranch P.U.D., Phase I
I j-Sep-99 44
llllll lilll llril ffi llllll lltill ill] il ilIil1 [ [il
623133 O3/18/2@O3 A4IO7P 81447,P938 l,l ALSDORF
55 of 81 R 406.00 D o.00 GARFIELD COUNTY c0
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wjth ail applicable requiren'lents of tlre Courrty of G arfield,andwith all applicable Desigrr guidelines,
including, witlrout linritation, procedures for adjusting building sites otlier-wise drawn for the Lots
to accon:rlodate alarger dwelling unit, minimunr and maxintum limitations of living weathalnay
be constructed on any given number of contiguous Lots, and nreasures necessary to preserve any
easements reseled with respect to the contiguous l.ots.
The fact thai two or more contiguous Lots nray be owned by one person and developed with
one single fanrily dwelling unit will r:ot affect the number of votes or the an:ount'of Assessments
allocated to fte Lots. If ttrre Owner is required by the County of Garfield or any othergovernmental
authority or by aMortgagee to replat the Lots in order to construct improvements on the Lots, the
number of votes and the allocation of Assessmeuts to thelots afterreplfiting will equal the sunr of
. the votes and Assessments allocated to the Lots before replatting. Each Lot will be conveyed,
transferred, gifted, devised, bequeaflred, encumbered or otherwise disposed of, as the case may be,
with all appurtenant rights and interests created by law or by this Declaration, including the Owner's
rnembership in'the Association and the right to use the Common Area, and with the appropriale
allocation of voting rights and liability for Assessments established for the Lot as provided in.this
Declaration.
Secti on 77.4 Leasing. The Owner of a Lotwill have the right to lease his Lot, subject to the
following conditions:
(viil) All leasbs wilt be in writing.
and any fa,ure or",",,9T1,,, H:iirff['i*"#,Ti[sy;:'###,$r+ff::"*?1"?,"ffi:H;
lease, enforceable by the Association.
Documentscommitted$l*"ff ":#Hl**l:#:f"fi :"T',r:*i:1,."i#1"t"1i:l?::;
sums by the Owner on behalf of the tenant
Section 17.5 Businesses. No Owner shall conduct any business, trade, E ra1esale, moving
sale, rurrmage sale or similar activity on any Lot, except that an Owner or occupant residing on a
Lot may conduct business activities within the residence so long as: (a) the existence or operation
of the business activity is undetectable to the senses of sight, sound or smell from outside the
residence; (b) the business activity confonns to all zoning requiremeuts'for the Property; (c) the
business activity may be carried out within the confines of the residence and is fi'ee from regular
visitation ofthe residence by clients, customers, suppliers or other business invitees or door-to-door
solicitationofresidents oftheProperty; and (d) thebusiness activityis consistentwiththeresidential
chalacter of the Property; or such business activity satisfies the definition of home-based day care
contained within the zone district text for the Rose Ranch P.U.D.
Dcclaratbn of Pr otective Cottena nts
Rose Ranch P.U.D., Phase l
I j-Sep-99 45
ItHilrilil ililI Iil ililt iltll illll ililtffilt llll
623133 O3/L8/2OO3 @4:O7P 81447 P939 l'l RLSDORF
56 of 81 R 406.O@ D 0.00 GRRFIELD C0UNTY C0
(
This subsection shall not apply to any activity conducted by tlre Declarant or a builder
approved by the Declararrt with r-espect to the developrnent and sale cf flre Pr-operty, or tJte
Declarant's use of any Lot.
Sectionl7.6 ConrpliancewithLaws. Subjecttoflrerightsofreasonablecontest,eaclrOwner
will promptly cornply wift flre provisions of all applicable laws, regulations, ordinatces, and other
govenxrlerrtal or quasi-governrnental regulations with respect to all or any porlion of the Property.
Each owne.r will abide by any wildlife regulations imposed by the Associatior: or any agency or
autlrority haviug jurisdiction over the Property.
Section I7.7 Euforcenrent. Notwiflrstanding anything in the foregoing to the contrary, the
Executive Board may prohibit any activity, business or othenrise, which, in the sole direction ofthe
Exerutive Board, constifutes a nuisancg or ahazardous or offensive use, or threatens the security,
safety, or quiet enjoyment of other tesidents of the Property. The Association may take such acfion
as it deems advisable to enforce these covenants as provided in this Declaration. In addition, the
Association will have a right of entry on any part of the Properly for purposes of enforcing these
Articles, and any costs incurred by the Association in connection with such enforcement which
remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and
otherwise complied with Act will be subject to interest at the default rate from the date of the
advance by the Association through the date of,payment in full by the Owner, and will be treated as
a Default Assessment enforceable as provided in Article XI.
Section 17.8 Use of the Words "The Rose Ranch" or Logo. No Person shall use the words
"The Rose Ranch" or any derivative thereof, or any other name given to the Property by flre
.Declaran! or the logo ofthe development in any printed orpromotional material without Deolarant's
prior written consent. However, Owners may use the tenn "The Rose Ranch" in printed or
promotional matter where. such term is used solely to qpeciff that particular property is located
within The Rose Ranch and the Association shall each be eutitled to use the word "The Rose Ranch"
in its name
Section 17.9 Agreements with Adjacent Propertv Owners. The owners of some or all of flre
nonresidential properties adjacent to the Property may be obligated to share in certain costs
associated with the maintenance, repair, replacement and iusuranee ofportions ofthe Com.mon Area,
if any, which are used by or benefit jointly the owners of such nonresidential properties and tlre
Owners within the Property, by agreemeut, contract or covenant to share costs- The owners of flre
nouesidential properties shall not be subject to the restictions contained in this Declaration except
as otherwise specifically provided herein.
ARTICLE XYTII .
ADD ITIONAL .RESTRICTION S FO R \\TLD LIFE PROTE CTION
Decl aration of Protective Cgvenants
Rose Ranclt P.U.D., Pltase I
l j-Sap-99 46
il!!ilt lillt lillll ilil ilillt lillll lllil lll lllllllll LIllo2srsg o3/tl/zoo3 o4:o7P 81447 P940 I'l RLSDoRF
57 of 81 R 406.OO D 0'00 GRRFIELD COUNTY C0
Section 18.1 WildlifeReslrictioris. Liordertopreserae,protectandpromotethervell being
of The Rose Ranch's existing wilf,life, the use of fl:e Properly, and each Lot thereon, and flre riglrts
and easen:ents of enjoynrent in ard to the Conrmon Areas created hereunder are restricted as follows:
A. Access to, enhy upo:r andlor use of that pofliorr of Property identified and
depicted upon flre Plat as the BIue Heron Conservation Easement is expressly subject to and shall
be govemed by all the terms, conditions and restrictions set forth in the Gralt of Conservation
Easement executed by Roaring Fork Investments, LLC and the Roaring Fork Conservarlcy on
,/5- 5q' . @and filed for record in the Office of the Clerk and Recorder for
Garfield County atBo,ot@PageT"Band Receptro*:#r2n //-SV,Lgq
B. Access to or enty upon that portion of the Properly lying west of County
Road 109 (Weslem Parcel") shall be cloJed to the public and to Members from December 1"
ttrough March 31'r each year; provided, however, Declarant reseryes unto itself, its agents,
successors and assigns the right to use any portion of such properfy for the purpose of maintaining
the Golf Course.
C. A"cess to or enty upon that portion of the Westem Parcel identified and
depicted upon the Plat as the Golden Eagle Protection Zone shall be closed to the public and
Members from March 15tr'to July I't each year-
D. TheAssociation shallbe responsible forthe continuedmaintenance and care
ofthe Wildlife Improvements constmcted and installed on the Properlyby the Declarant identified
below:
(i) the educational signs installedatthePrimary Overlook, identified and
described on the Plat, regarding golden eagle nesting;
. //::\ +L- L^L:4
reporrtitlea,nrco#B.o"?i&tJFt'trf; HiBtr"fl"3',H"d;ffiHBj,ffi +8il$HSH';
RANCTI DEVELOPMENT WEST OF COUNTY ROAD 109, prepared by Beattie Nahral
Resources Consulting, Inc. on October 22,lgg8,as the same may be further amended or altered by
the Declarant with the approval of the Colorado Division of W.ildlife;
Lots70-80andr08-r,f t].".*:,fff,J:il:i:ii::t9#'JjiH"1iJ"'"5"*::l,TH'ffi3Ji
Heron rookery;
(iv) the vegetative screening installed along the nofih boundary of the
Teller Springs Buffer, identified and depicted on the'Plat; anC
(v) the artificial uesting platform(s) installed within tlre Blue Heron
Conseruation Easer:rent.
D eclaratiott of Pr o tectiv e Coyen.a nts
Rose Ranch P.U.p., Plnse I
I 3-Sep-99 41
ffiillt llil illlll llllllllll lilil llill lll llllil ll llll
623133 03/ L8/2OO3 O4:O1P
58 of 81 R 406.00 D O.OO
87447 P941 I'I RLSDORF
GARFIELD COUNTY CO
E. All areas identified an{ depicted upon the Plat as Riparian Ateas shall be
preserved in their present natural character a:rd condition to as great a degree as possible and no
activifr shall bepernritted thereon which shall nrodifu oraltertheir existing chuactera::d condition.
F. No tree or vegetation removal shall bepennitted wiflrin the Riparian Areas
except as may be necessary, in the determination of lhe Association, to ren:ove a dangerous
condition or to control an invasive species.
G. The area identified and depicted on the PIat as the Teller Sprin gsBuffer bne
shall be naintained in sage brush or other natural vegetation
' H. Access to or entry upon that area identified and depicted on the Plat as the
BlueHeronProtecfion Zone shall be closed to the general publicandMembersFebruary 156 through
July 15'h.
L Nomoreflrantwo(2)domesticanimalsshallbepermittedtobekeptuponany
Lot. Lot Owners shall be entitled to keep dogs on their property pursuant to thi foilowing
restrictions and limitations and subject to any add.itional nrles and iegulations which may !e
promulgated by the Association:
{ ' G) No more than one dog, including puppies, shall be kept by any Iot\ Owner at any time upon any one (1) Lot.
(ii) Dogs shall be kept under the conkol of their Owners at all times and
shall not be permitted to run free or to cause a nuisance iu the Property. No dogs shall be allowed.
beyond the boundaries of the Lot owned by the person(s) where the dogis housed unless leashed and'
accompanied by a person in full control of such dog.
(iiD Dogsshallnotbeallowedtobarkcontinuously,whichshallbedefined
as barking for a continuous fifteen (1 5) minute period, including successive barks or a series ofbarks
which repeat or resume following a brief or temporary cessation.
(iv) When not accompanied by a person, all dogs shall be leashed, chained,
"elecfoic fenced" or kenneled. The location of kenneis shall ba subject to review of the Design
Review Board.
(v)
refuse and aniural waste.
AII dogs shall be kept reasonably clean, and all Lots shall be fi'ee of
(vi) Should any dog chase or molest deer, elk or any domestic auimals or
persons, or destroy or disturb property of anoflrer, flre Association shall be auflrorized to prohibit the
D eclar ation of P rotective Coven a nts
Rose Ranch P.U.D., Phase l
I 3-Sep-99 48
ilIilil ililt ililfl !ilt llilil llilil ililt il iltilll il[il623133 03/L8/2003 A4:O7P 87447 P942 tt RLSDORF59 of 81 R 406.00 D O.00 GRRFIELD COUNTY CO
i,ir
O^Y*l or ally tenant, invitee, event, guest or other user of a Lot fi'oni continuing to maintain the
offer:dirig animal on his property and may dispose of thal anipral, if necess ary,to;rrotect wildlife or
otlrer Owners, Persons or property. Tlre offending dog owner shall be provided written notice of
such action at least two (2) days before disposaior.urr. Wiflrin rr"l, t',"o Q) day period, the
offending dog shall be kemele d at alicensed lcemel. AII charges associated Uti, ".iion
taken by
the Associatior: nray be assessed against either tlle Owner
^ndlo,
the dog owner,. or both, at the
Associalion's sole option.
(vii) Notwithstanding the Ibregoing, no anirnal nray be kept upon aT-ot
which, in flre sole discretion and judgment of the fxecutive noard results in any amoyance or is
obnoxious to Lot Owners within flre Subdivision.
' J. The Association and. all Lot Owners are prohibited from chasing, scaring,
dis-tufinB, hazing, or ofl:er using any oflrer form ofharassment tocoerce b tg gaarc(deer ana/or elkj
off of the Golf Course or Common A-rea.
K- TheAssociationandallLotOwnersherebywaiveandshallholdtheColorado
Division of Wildlife harmless from, any and all claims for damages to landscaping improvements
or omalnental plants located on the Lots or Common Area resulting from the activities ofbig game
(deer and/or elk).
L.
prcper disposal of
appropriate.
The Association and the Lot Ownerc shall be responsible for the removal and
all animal carcasses located upon the Common Area or Lots, as may be
I
M- The Association shall assess and enforcepenalties against Owners violating
any of the wildiife restrictions set forth in this Section 18.1 as follows: One Hundred Dollari
($100.00) for the first violation committed by an Owner; Two Hundred Dollars ($200.00) for the
second violation; Three Hundred Dollars ($300.00) for the third violation; and foreach suiceeding
violationthefineincreasesinOneHundredDollar($100.00)increments. Thedollaramountsofthe
fines may be changed upon the approval of trre Executive Board.
N. The restictions of this Sectiou l8.l shall be enforceable in perpetuity and
shall not be amended or terminated by action of the Association, Owners or Declarant nor by any
provision for termination of this Declaration. The reskictions of this Section I8.1 shall be
enforceable in any and all manner provided in this Declaration by the Association,'Owners,
Declarant, Garfield County or any state or federal agency charged with the preservation of wildlife
and wetlands areas. Any such enforcement action shall entitle the enforcing party to recovery of
damages equal to the cost of restoration of the property, and such enforcing party shall be entitled
to an award of reasonable attomey fees and costs of enforcement, ilcluding but pot.limitecl to court
costs, expert witness fees, costs of depositions and exhibits.
Declaratiott of Protective Covenants
Rose Ranch P.U.D., Phase l
I 3-Sep-99 49
(.)
illilll llllllllll llll fillll illlll lllll lil lllllll lt llil
623133 O3/1,8/2OO3 @4t@7P 81447 P943 I't ALSD0RF
60 ol 81 R 406.00 D O.00 GRRFIELD COUNTY c0
be levied against an Owner;
(iii)
/ i Declaration;
ARTICLE XIX
MORTGAGEE'S RIG}ITS
The following prov.isions ue for flre benefit of hoJders, insurers, or guarartors of First
MortgagesonLots. Totheextentapplicable,necessary,orproper,theprovisionsofthisArticleXlX
apply to flris Declaration ald also the A:ticles arid Bylaws of the Associatipn.
Section 19.1 Approval Requirements. Unlessatl eastil%ooftheMortgageesholding First
Mortgages against any portion of the Property (based on one vote for each Mortgage owned), and
at least 67% of the Owners (other flran Declarant) have giyeu their prior written approval, the
Association shall not be entitled to:
(i) By act or omission seek to abandon, partition, subdividg sell, or
transfer all or part of flre Common Area (provided, however, that the granting of easements or rights
of way for public utilities or for other public purposes consistent with the intended use of such
Common Area shall not be deemed a transfer within themeaning of this clause);
(ii) Subject to the expansion rights of Declarant set forth in Article XV,
change the method of determining the obligations, Assessments, dues, or othei charges which may
Fail to. maintain insurance required to be maintained under this
(iv) Use hazard insurance proceeds for losses to imProvements in the
Common Area for other than the repair, replacement, or reconstuction of such property-
The failure of a Mortgagee to object in writing to an amendment within thirty (30) days after receipt
of request for approval shatl be deemed an approval of such amendment.
Section 19.2 Tifle Taken bv Mortgaeee. Any Mortgagee holding a First Mortgage of
record against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the
Mortgage, including foreclosure of the Mortgage or acceptrnce'of a deed in lieu of foreclosure, will
be liable for all Assessrnents assessed against such Lo! whether such Assessments were assessed
prior to or after Mortgagee has taken title to such Lot.
Section 19.3 Diskibutiou of Insurance or Conder::nation Proceeds. In the event of a
distributionby the Association ofinsurance proceeds or condemnation awards allocable among the
Lots for losses to, or takirU of, all or part of the Conunon Area, neither the Owner nor any other
percou shall take priority hr receiving the distribution over the right of any Mortgagee who is a
beneficiary of a First Mofigage against the Lot.
D eclaration of P ro tectiv e Covenanls
RoseRanch P-U.D., Phase l
I 3-Sep-99 50
tt -i
ilnil ililI llllll llll llllll llllll lffil lll lllllfi ll llll
623133 @3/18/2OO3 O4:O1P 81447 P944 l'l RLSD0RF
61 of Et R 406.A0 D O.00 GRRFIELD COUNTY C0
Sectior: 19.4 Right to Pay Taxes'and Charges . Moflgagees rnay,jointly or sirrgly, pay taxes
or olJrer clrarges wliich are in default and whic} may or have becom e a charge against any Comnron
Area,andmaypay overduepremiunrs onhazardinsurarcepolicies, orsecure newltazud insurance
coverage on the lapse of a policy for such Corrnron Area.
DURATIoN oF "#HI:kB#*, AMENDMENT
C
Section 20.1 Term. The covenants and reskictions of this Declaration slrall run with and
bind the land in perpetuity, subject to th9 termination provisions of the Act.
Section 20.2 Amendment. This Declaration, oranyprovision ofit, maybe amended at any
time by Owners holding not less than6To/o of the votes possible to be cast under this Declaration at
a meeting of the Owners called for that pulpose, except as limitpd by Article XIX. Any amendment' must be executed by the President ofthe Association andrecorded, and approval of such amendment
may be shown by attaching a certificate of the Secretary of the Association to the recorded
insfirrment.certiffing the approval of a sufficient number of Owners of the amendment- No
amendment to the Declaration which affects the rights ofDeclarant reseryed hereunder shall be valid
wjthout the written consent of Declarant. Notwithstanding the foregoing, Declarant, acting alone,
reserves to itself the right and. power to mod.ifu and a:nend this Declaration andlor the Plat to the
, fullest extent permitted urder the Act. Further, the Executive Board may, pursuant to the provisions
I ' of the Ac! petition the district court in which the Property is situated to amend this Declaration as
provided in the Act.
Section 2O.3 Revocation. This Declaration shall not be revoked, except as provided in
Article XIV regarding total coudemnation, without the consent of all of the Owners evidenced by
a written instrument duly recorded.
ARTICLE )Otr
SPECIAL DISTRICT
The Association shall have the power, and is hereby authorized, to contract with and to
cooperate with the Special Dishict in order to ensure that their respective responsibilities are
.discharged. The Association is further authorized to act on behalf of its Members to ensure flrat the
level of services provided by the Special Distriit, if created., is consistentwith the comrnunity-wide
standard.
Each Owner, by acceptanc,e of his or her deed or recorded contract of sale, is deemed to
covenant and consent to the creation of the Special District and to executing a separate document
so consenting to the creation of the Special District, if requested to do so by the Declarant.
t
D cclaratiott of Protectitte Coven ants
Rose Ranclt P.U.D., Phase l
) 3-Sep-99 51
!#4}I,qr"t"'lp;}l[T}.|'J['#JI'},!|I1L''JI$'F!I
ARTICLE XXII
GENERAL PROVISIONS
Sectton 22-l Declaiant Powers
A. Notwiflrstalding a:rytliing in tbis Declaration to flre contrary, llre Declarart
lrereby reserves the following special d-eclarant rights to the fullest exterrt permitted by flre Act: To
conrplete improvements indicated gn plats and riaps filed wittr this Declaration or Supplemental
Declaration; to exercise any developme1t right (asdefined in the Act); to maintain sales offices'
;;;;;; offices, signs advertising the Property and rnodels; to use easements through tlre
Comnion Areas for the pulpose of making improvements wiflri, the Properly or wiflrin y7l eslate
which may be added to and made subjeci to'this Declaration; to make the Properly subject to a
rnaster association; to merge or consolidate a common.interest community of.the sarn: fbT of
ownership; and to appoint or remove a,y officer of the Association or any Executive Board member
during any period of Declarant "ont oi. All such special declarant rights shall, to the ma:cimum
extent permitted by law, be exercisable by Declarant for a period of twenty (20) years after the
Declarant no longer controls the Executive Boird'
B. Notwithstandinganythingto thecontaryherein,norightsorpowersreseryed
to Declarant hereunder shall exceeJti. ti*" uimitations or iermissible.extent of such rights or
powerc as restricted urrder the Act. Any provision in trris Declaration in conflict with the
q requirements of the Act shall not be a""rn"aio invalidate such provision as a whole but shall be
. adjusted as is necessary to comply with the Act.
Sectton11,-.Z Enforcement. Except as otherwiseprovided in this Declaration, ttte Executive
Board Declaran! or any Owner (provided the Executiveiloara fails to take action after reasonable
notice is given to the Executive Board by such owner) shall have flre right to enforce' by a
proceeding at law or in equity, all restrictions, conditions, covenants, resenrations, liens, and charges
now or hereafter imposed by the provisions of this Declaration. Failure u1$e Executive Board of
the Association, Declarant, or by any Owner to enforce any covenant or restriction cbntqined in this
Declaration shall in no event be deemed a waiver "f tfr""igfrt to do so th1eafte1 rhe ny-v.arlins
;;ffiil ffi action arising under this Declaration shall be entitled to reimbursement of all costs
of rrr"t action includiug, without limitation, reasonable attomeys' fees'
Section 22.3 Severabilitv. Invalidation of auy one of these covenants or restrictions by
judgment or court order shall in no way affect any otherprovisions which shall remain in fulI force
aud effect'
L-.^^-- r\^^.....o*ra rn nace nf e.orrflictbetween this Declaration. Secti on22.4 ConfliCts Between Doculrlents. In case of couflictbet
and the Articles antl the Bylaws of tn" Ar*autiorr, tt is Declaration shall contrcl' In case of conflict
between the Articles and the Bylaws, the A,rticles shall control-
t
,
I
t
*_-.
D eclar otion of Protectit'e Cov enants
Rose Ranch P.U-D., Phase I
I j-Sep-99 52
rltilil illl[ilH ]il liltil liltil ilil til illt ilil tilt
623133 03/ IE/AOO3 O4 z@1P
63 of 81 R 406.00 D 0.0@
{
81447 P946 }1 RLSDORF
GRRFIELD COUNTY CO
ROARING FORK INVESTMENT, L.L.C.,
a Colorado limited liability company
By:
STATE OF COLORADO
COUNTY OF Garfield
)
) ss-
)
. 818 Colorado Avenue
ON E)CPIRES: Glenwood Sprinss. CO 81601
lW Gornrftisshn exphes May 1,2@1
{
D eclaratioi of Protective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
Ronald R. Heggemeier,
53
ILlilFllll lllltl,ffillllll lillll lllll lllllill llilllll
623133 @3/18/2@@3 O4:O7P 81447 P94? lt RLSDORF
64 of 8t R 406.00 O O.00 GRRFIELD COUNTY C0
i\)
l
I
EXHIBIT A
(Proper ty Legal Des cription)
D eclaration of Pro lective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
illlilt illll lilllllll llllll illlulllll lllllilllll Hl
623133 @3/L8/2OO3 @4zA7P 81447 P948 I'l RLSDORF
65 of 81 R 406.OO D 0.00 G0RFIELD COUNTY C0
I
PHASE ]. LEGAI
PAGE 1
ROSE RANCH P.U. D. PHASE 1.
PROPBRTY DESCRIPTION
A PARCEL oF LAND srruATED rN Lors 7 , B, g , L2, L3 , L5 AIID i-5 oFSECTION L2, ToI4NsHrP 7 SOUTH, RANGE 89 WEsT oF THE sixiu-pnrnErpar,MERTDTAII, couNTY oF eARFTELD; srATE oF cor-,oRADo; sArD pARCErr BErNGMORE PARTICTII,ARLY DESCRIBED AS FOLLOWS
CoMMENCTNG AT THE NORTHWEST CORNER OF SArD SECTTON 12, A BLM BRASS CAprN Pr-,ACE; THENCE s 39"Lo'L5,' E 4369.77 FEET To rrIE sourllrlEsT coRNER oFTI{E ROSE RANCH, SATD POINT BEING ON THE EAsTERLY RTGHT-oF-wAY oFcouNTY ROAD No- 109, A.REBAR AI'ID'cAp L.s. #rgsga rN pr,ACE, THE porlrroF,4gGrNNlrC; THENCE THE FoIrLowrNG THE SBVEN (7') couRsEs AfJoNG sArDEASTBRLY RIGHT.OF-WAY :
1. N 13"15'Og" E 30-g4 FEET
2. N 13040'41n E 86..97 FEET
3. N' :-4025 | 34n E g -37 FEET4. ALONG THE ARC OE A 'CIIRVE TO THE I,EFT HAVTNG A RADIUS OF263.57 FEET A}ID A CEI\]ITRATJ A}IGLE oF 22o421a3n, A Drs?A}IcE oF104.48 FEET (CHORD BEARS N 03oOS'2Bn E I_O3.BO FEET) -5. N O8"l-5 ,39 u w 72L.97 PEET
6. N 09"37'30'' W 2t5.26 FEET
7 - N 09032 ' l-.1" w 374.s2 FEET; THENCE LEAvTNG sArD EAsTERLy
R1GHT-OF-WAY; N 80027'49" E 6L.66 FEET; TITENCE s 6goooroon E 1.14.g2FEET; THENCE N 54oo0r0orr E l-95.3G FEET; THENCE N 31o1g'55, E 343.31FEET; THENCE N 29oLl-r53n E zo7 -s4 FEET; THENSE N 53ooo'00,, w LJ-7.9gFEET.; THENCE AIONG THE ARC OP A CURVE TO THE i,EFT HAVING A RADIUS OF
80.OO FEET A}ID A CEMTRAt AIVGIJE OF 59"30,10II, A DTSTAI{CE OF 83.08'FEET
(CHORD BEARS N 50"44'48N E 79.4A FEET); THENCE ALONG THE ARC OF ACURVE TO THE RIGHT HAVING A RADIUS oF 35.00 FEET AND A CENTRAL A}IGI,EOF 55034'57'lr, A DISTANCE OF 33.9S FEET (CUORn BEARS 11 4go47r11rr E
32-64 FEET); THENCE N ?6034r40n E 45.82 FEET; THENCE AroNe rHE ARC oF.A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET AND A CBNTRAT
A-r,IeLE OF 07"59'08r" A DTSTAITCE Op 20.21 FEET (CHORD BEARS
N 80034 I14N E 20.19 FEBT); THENCE N 84033I48,, E ].62.26 FEET; THENCEAIONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET
AND A CENTRAL ANGLE OF 12"4OIO?'I , A DISTANCE OF 32.05 FEET (CHORD
BEARS S B9OO5I08' E 32.00 FEET) ; THENCE S 82045'05I, E 88.9? FEET i
ENCE N 15"02'33" E 71.09 FEET; THENCE N 59O50'09" E 321.51 FEET;
-"dENCE N izo]-ot 49n E 340 - s8 FEET To A porNT oN THE wESTERLy BouNDARy
.i
llililt tiltililt ]il ililil ltill illil ilt ilil ll] lill
623133 A3/18/2OO3 A4tO1P 81447 P949 l'l RLSDORF
66 of 8l R 406.00 D o.00 GRRFIELD COUNTY C0
PHASE 1 LEGAL
PAGE 2
OF THAT PROPERTY DESCRIBBD IN BOOK 511 AT PAGE 1.03 OB THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE THE FOLLOWING FOLIR (41
COURSES ALONG THE WESTERLY LTNE OF SAID PROPERTY;
1. S 47"16'43" E 1Bg.gg FEET.
2. q 34o29 ' O91 E )-23 .72 PEET
3. S 04"45'3g" E 3gO-41 FEET
4. S 08"01t51'I W ].30.25 F'EET TO THE SOUIHWEST CORNER OF SAID.
PROPERTY; THENCE N 57"25'06 U E AI,ONG THE SOUTHERI,Y LINE OF SATD
PROPERTY 211..00 FEET TO A POINT ON TI{E EASTERI,Y LINE OF LOT 9 OF SAID
SECTTON 12; THENCE S OOO2}'LLU E ATONG SATD EASTERI,Y IJINE 606.90 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 9, A REBAR AItrD AT,UMINUM CAP, I,S
#22580, rN PLACE; THENCE S 03011156rr W ATONG fHE EASTERLY LrNE OF LOr
L2 OF SAID SECTTON ].2 A DISTA}TCE OF 74L.05 FEET TO THE SOUTHEAST
CORNER OF SATD LOT ]-2, A REBAR AND AIJUMINI]M CAP IN PI,ACE; THENCE
S'OOOO5'02'' E ALONG THE EASTERLY.LINB OF I,OT 15 OF SAID SECT]ON 12 A
DISTA}TCE OF 555.52 FEET TO THE SOUTHEAST CORNER OP SATD LOT 16, A
REBAR.AND AIUMINUM CAP IN PLACE, SAID POINT AI,SO BEING THE NORTHEAST
CoRNER oF TETJLER spRINcs suBDlvrsroN; THENCE s 89"59'08" w ALoNG THB
NORTHERLY LINE OF SAID TELLER SPRINGS SUBDTVTSION 220.6']- FEET TO THE
SOUTHEAST CoRNER OF PARCEL C OF REeEPTION NO- 444311- OF TIIE GARFIELD.'T]NTY
CTERK A}TD REEORDERTS OFFICE,. THENCE IJEAVING SAID NORTHERLY IJINE
].2"57I48N W AIJONG THE EASTERLY LINE OE SAID RECEPTION NO' 4443]-L
J-69-14 FEET; TTIENCE N 87"58'25'l W ATONG THE NORTIIERLY LINE OF SAID
PARCEIJ C 324 -74 FEET; TIIENCE ALONG THE WESTERLY LINE OF SAID PARCEL C
AIJONG THE ARC OF A CURVE TO THE' RIGHT MVING A RADIUS OF 582 '29 F'EBT
.AI\TD A CENTRAT, ANGI,E OF L'7"52I51't, A DIS?ANCE OF 181,.72 FEET (CHORD
BEARS S 13O29Io5IT E ].80.98 FEET) TO A POINT ON T}IE NORTHERTJY I]INE OF'
SAID TELLER spRrNGS suBDryrsroN; THENCE s Bg"52t26t' w Ar,oNG'SArD
NORTHERLY LINE L74. 01 PEET TO THE NORTIII{EST CORNER OF' THE TELLER
SPRINGS OPEN SPACE; THENCE IJEAVfNG SAID NORTHERI,Y LINE S 21"55''10'r W
ALONG THE WESTERLY IJINE OF SATD OPEN SPACE 53.97 FEET TO THE NORTHEAST
CORNER OF LOT 5 OF SAID TELLER SPRINGS SI'BDIVISION .AS SHOWN ON THE
AI,IENDED PLAT THEREOF; THENCE S 89"59'O8N W AIONG THE NORTHERLY LINE OF
SAID LOT 5 165.35 FEET; THENCE CONTINUING AIONG SAID NORTHERLY IJINE
N 45001'42'' W 28.2? FEET; THENCE CONTINUING ALONG SAID NORTHERI,Y I,INE
S 89059'08'' W 855.53 FEET TO THE POINT OF BBGINNING; SAID PARCEL
CONTAINING 89.288 ACRES, MORE OR LESS.
TOGETHER WTTH A PARCEL OF LAND SITUATED IN LOTS 3 AND 4, SECTION 12
AND LOTS 28 AND 29, SECTION 1, TOWNSHIP 7 SOIIIH, RANGE 89 WEST OF TIIE
SIXTH PRINCIPAI IVIERIDIAN, COUNTY OF GARFIELD, STATE OF COIJORADO; SAID'
PARCEL BETNG MORE PARTICULARLY DESCRIBED AS FOIJLOWS..
.MMENCTNG AT THE NORTHWEST CORNER OF SAID SECTION L2, A BLM BRASS CAP
L]ND IN PI'ACE; THENCE N 85"59'45'' E 2478.86 FEET,'THE POINT OF
EECTNNTNC; THENCE ALONG THE ARC OF A CURVB TO THE RIGHT HAVING A
llllilt Iilililillllll illll llllllllll lllllillllll L[l-ezsi3e o3ltl/zoog o4.o7P g1447 P950 lt RLSDoRF
67 of El R 406.OO D 0.00 GRRFIELD C0UNTY C0
('
PHASE 1 LEGAI
PAGE 3j
RADIUS OF 17O. OO FEET AND A CENTRAL ANGLE OF 65O53'11", A DISTANCB OF
1-95.49 FEET (cHoRD BEARS N 29os5'34n E 184.89 FEET); THENCE
N 62"52'09" E 50.72 FBET; THENCE AroNc rT{E ARc oF A cuRvE To rHE LEFT
HAVTNG A RADIUS OF 23O.OO FEET AN.D A CENTRAIT AIVGLE OF 32o5:-.'34", A
DTSTANCE OF 131-91- FEET (CHORD BEARS N 46o26t22n E 130.LL rEET);
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00
FEET AND A CBNTRAL ANGLE OF 91"43'08U, ADISTANCE OF 56.03 FEET (CHORD
BEARS N 75052'09" B 50.23 FEET); THENCE AroNG THE ARC oF A cURVE To
TITE RIGHT HAVING A RADTUS OF 105. OO FEET AT{D A CENTRATJ AI{GLE OF
35"43 r54", A DTSTATitrCE OF 55.48 FEET (CHORD BEARS S 40"24'2A" E 64.43
FEET),. THENCE S 22"32,z3u 8 367.78 FEET; THENCE ALoNG TI{E ARC oF A
CURVE TO THE LEFT HAVING A RADIUS OF ]-45.00 FEET A}ID A CENTRAL ANGIJE
oF 39928t24n, A DrsrANcE oF 99.go FEET (cuonp BEARs s 42"1-6'35" E 97.93
FEET) ; TIIENCE AI,ONG THE ARc oF A cURVE To THE RTGHT I{AvING A RADIUS OF'
1O5.OO FEET AND A CENTRAT, AIIGLE OF 59"42'05", A DISTA}ICE OF 109..41
FBET (CHORD.BEARS S 32009'45" E 104.53 FEET); TIIENCE S O2o7-8t42n El-55.70 FEET; THENCE ALONG THE ARC OF A CURVE TO fHE LEFT HAVING A
RADIUS OF 260-00 FEET AND A eEliTRAIr ANGr.,E OF 34"2611-8'r, A DISTAIICE OF
-1.56 .28 FEET (CtOnO BEARS .S 19031'51" E 153 .93 FEET) ; THBNCE'36o4s'oon E 647.ts FEET; THENCE Ar,oNe r{E ARc oF A cuR\rn To rHE
.GHT I{AVING A RADIUS OF ]-55. OO FEET A}TD A CENTRAT. ANGIJE OF' 43058'55' ,A DI'STANCE OF r-r-8.98 FEET .(CHORD BEARS S l-4"45i33' i tre ,OA FEET);
'IPHENCE s o7o13'55,,.w G.oo E'EET; THENCE ALoNG THE ARi oF A cuR\rn To rHE
RIGHT HAVING A RADIUS OF 35.00 FEET AISD A CEMTRAT A}IGIJE OF 9O"OOIOOII,
A DrsrArqcg oF s4.gg FEEr (cHoRD BEARs s 52e.13'55" w A DrsrAI{cE oF
49-50 FEET); THENCE N 82"45'05" W 14.51 FEBT; THENCE ALONG THE ARC OFA CURVE THB LEFT HAVING A RADIUS OF 2O5 . OO FEET AND A CEI{ITRAL AI{GI,B OF
L2o4O'O7u, A DISTANCE OF 45.33 FEET (CHOFD BEARS N 89"06'08',' W 45.23
FEET); THENCE s 84033'48,' w :.62.26 FEET; THENCE ALoNG THE ARC oF A
CURVE TO THE LEFT HAVING A RADIUS OF 205.00 FEET AI{D A CENTRATJ AIIGLE
oF o7o59'O8", A DTSTANCE OF 29.57 FEET (CHORD BEARS S 90"34'14" W
28 - 55 FEET) ; THENCE. S 76034] 4O'I W 45.82 FEET; THENCE ALONG TIIE ARC OFA CUR\IE TO THE RIGHT HAVING A RADIUS OF 35. OO FEET AND A CENTRAL AIIGIJE
oF 55o34'57", A DISTANCE OF 33-95 FEET (CHORD BEARS N 75"37'51-" W
32 - 64 . FEET) ; THENCE AIONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADTUS OF 80-00 FEET AND A CENTRAL ANGLE OF 05o20'04", A DTSTANCE OF
8.84 PEET (eHORD BEARS N 5l-o0o'24' W 8.84 FEET); THENCB N 41"b0'00" E
94-7t FEET; THENCE N 47"00'00' W 488.04 FEET; THENCE N 50047'54" W
40-59 FEET; THENCE N 25"00'00l' W 384-00 FEET; THENCE N 25052'15' W
41.58 FEET; THENCE N 05031'07,, w 211.?3 FBET; THENCE N 22"32'23" w
-58 FEET; THENCE N 74000'00" W 80.63 FEET, TO THE POINT OF
fIilNIILG; SAID PARCEL CONTAINfNG 13.185 ACRBS, MORE OR IESS.
r llllll lilll llllll llll llllll lu [lll lll lllllffil llll'a#iiz ei;tlliiosg sq,otp 87447 Ps51 I'l RLSDoRF
ea-ii-ai n 4@o.so D o.oo GRRFTELD couNTY c0
\
',
PHASE 1 LEGAI
PAGE 4
l_..AIONG THE ARC OF A CI'RVE TO ?HE RIGHT HAVTNG A RADIUS OF1q7O.OO.FEET A},ID A CENTRAT AIIGI,E OF 05"38157N, A DTSTAIVCE OF81-70 FEET (CffOAO .BEARS N 05"00,44', W 8I.69 FEET)
19 g3o45r39,r w 70.62 FEET
ATONG THE ARC OT' A CURVB TO THE LEFT HAVTNG A RADTUS OF1155.00 FEETAND A. CE}ilrRAr, AIVGLE oP o8o5 g.23u , A DTSTAIVCE oF18L.22 FEET (CHORD BEARS N 08o15'19x W L81.03 FEET)N 12045'01" W 250.30 FEETar'olue rIrE ARe oF A cuRVE To rr{E,r,Epr HAVTNG A RADrus oF518.09 FEET A}ID A CEIqTRAL ANGLE OF 35"].1 '371" A DrSTA}TCE.OF318.23 FEET (CHORD BEARS N 30o20'49n W 3l_3.25 FEET) -6. N 47"56 ' 38" W 239.80 FEET7 . ALONG THE ARC OF A CURVE TO THE RTGHT HAVING A .RADIUS OF,].520.00 FEET A},iD A CE}ffrRAt ANGTE oF ].4"05,!7,,,.A DTSTAIVCE oF373.74 FEBT (CHORD BEARS N 4OoS3r59r,' W 37Z.BO FEET)N 33051'20" w 495.97 FEETAIONG THE ARC OF A CURVB TO THE LEFT HAVING A RADTUS OF52O.OO FEET AND A CENTRAIJ AIiIGLE OF ].9"38,05II, A DISTAI\TCE OF2]-2.47 FEBT (CHORD SEARS N a3o4gr23rr w 211_.43 FEET)IiI 53029 r 25 il W 5l_1 - Og FEET
ATONG THE ARC OF A CT]RVE TO TI{E RIGHT HAVTNG A RADIUS OF4?O.OO FEET AND A CENTRAL,ANGLE OF 34"45'42", A DISTANCE OF285.1-5 FBET (CUORO BEARS N 36"0G'34x W ZBO-80 FEET)7_2- N Lgo43'43" w 773.g7 FEET
13 - Ar,oNG THE ARc oP A cuRvE To rHE RrcHT HAVTNG A RADrus oF
620-OO FEET AND A CENTRAL ANG;; O"
'OOO5'19",
A DISTANCB OF325-59 FEET (CHORD BEARS N 03041' 04" W 32L.86 FEET)l_4- N 11021'35" E t7t-2-7 rEET15. AIONG THE ARC OF A CURVE TO THE RTGHT HAVTNG A RADIUS OF
38O-OO FEET AND A CENTRAT ANGLE OF O2"OO'48'" A DISTANCE OF. 13 .35 FEET (CHORD BEARS y 1go21r 13 rr E t-3 .35 FBET)
TOGETHER wrTH A PARCEL oF LAND STTUATED IN Lors 5, LL, !2, L3, 15, L6,23, 24, AND 28 OF SECTTON 1, TOWNSHTP_i SOUTH, RANGE 89 WEST OF THESIXTH PRINCIPAL-MERIDIAN, COUNTY OF GARPIELD, STATE OF COLORADO; SAIDPARCEL BETNG MORE PARTICi'LARLY_PgiiNil]dD AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTTON I, A BLM BRASS CAPIN PLACE; THENCE N 82"3 II27II W 2263.73 FEET, TO A POINT ON THEIfESTERLY RTGHT-OF'-WAY OF COUNTY ROAD ].09, THE POINT OF BEGTNNTNG;THENCB THE FOLLOWING SIXTEEN (1.5) COtINigS ALONG SAID EASTERLY RTG}IT-oF_WAY: fpv.tv v^Lv Daersr.wr l!!r\r.c
2.
2
8.
9.
10-
Ll- -
ilililt ilil ililmilt illlll llllll lllll |lIllulllffilezirga g3/7u2ag3 04:O7P 8L447 P952 I'l ALSDoRF
69 of 8l R 406.OO D 0.00 GRRFIELD COUNTY c0
\.\.)
12, AND LOTS LO, .11_, !2, L7, 22,souTH, narvce 89 WEST Or'trg srxTHGARFfELD, STATE OF COLORADO; SAIDDESCRIBED AS FOLLOWS:
PHASE I LEGAI
PAGE 5
15' N 19"24 r3o"E 52.73 FEET; THENCE LEAVTNG sArD wESTERLY.RTcHT-oF-wAY s o5oo9r02'' E 158.12 FEET; THENCE s L-ro2rt36n w r24.44 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF IOOO.OOFEET A}ID A.CENTRAL ANGLE OF 20"55'56", A DISTAJVCE OF 355.34 FEET(cHoRD BEARS s 02"39)27n E 363.31 FEET); THENCE s tgo43,4.3,' E 44G-82' FEET; THENCE N 71o16tl7n E 67-02 FEET; THENCE Ar,oNG THE ARc oF A cuRtrETo THE L'EFT HAVING A RADIUS oF 2g2.oo FEET AND A cENTRAIJ AIIIcLE oF37o24t07", A DrsrANcE oF l-90.G1 .FEET (crioRo BEARS N 52034,1_3,, E 1.g1.2sFEET); THENCE P 33O52 I1oII E 23L.gg FBET; THENCE AI,ONG THE ARC OF AcuR\rE To'THE RrcHi HAvTNG A RADrus oF2gs.'ffi ffiE'T furo a cENTRATT ANcrrEOF I4O2OIO9I" A DrSTA}TCE OF 73.81- FEET (.CHORD BEARS N 41002'14N E- -_
73'50 FEET); THENCE s 12000'00,' E s7.28 FEET; THENCE s 6oo27,zgn E .705'20 FEET; TI{ENCE s 4Looo'oo, E zgl.19 FEET; THENCE s 59010'31-" E52a'72 FEEi; THENCE s 65003'l-4n E 2lg.3o FEEr; THENCE s :1zo4z.29* w.1'93-82 FEET; THENCE S 6g"26t3g, W t6Z.-39 FEET; THBNCE g l_2006113,, E354'53 FEET; THENCE s o3o3ttz7n E 8o-oo FEET; THENSE ALoNc rHB ARe oFA cuRvB To THE LEFT HAVTNG A RADrus oP s10.oo FEET AliD-a aEii,i'RAr- AlreLEoF 34"2L'58", A DrsrArvcE oF 305.90 FEBT (cHoRD BEARS s'GBo4G'29" w
i -'Q1.33 FEET), ETIENCE S.39038'.44', E 6g4.26; TI{ENCE S 31003,39,, E t]:z.7OI \
- _^
vv= ' 49, rnglru& I
\ =T; THENCE s 06045149', vt !44.32 FEET,. TITENCE s 1z"4s,oL, E 2og-zg.;ET; THENCE S 5OOOO'OO, E LLO.74 FEET; TTIENCE AIONG THE A11C OT, ACtrR\E TO THE RIGHT HAVTNG A RADIUS OF ].7O.OO FEET AIVD A CENTRAL. A}TGIJEoF 38053155" A DrsrArucE oF r-15.41 FEET (CHORD BEARS S a3025'11n W1-13'21- FEET); THENCE S 62o52togn w 50.72 FEET; THENCE s Boo35r2s'' w299.88HEET,^To;SAID-penceL,CoNTAINING48:.zoe
ACRES, MORE OR LESS
TgGETEFR WITH A PARCEL OF I.AND SITUATED IN LOTS 2, 3, AI{D 9 OF SECTION29, AND 30 OF SECTION 1, TO}INSHTP 7
PRTNCTPAI MERIDTAN, COUMTY OF
PARCEIJ BEING MORE PARTICULARLY
COMMENCING AT THE SOUTI{WEST CORNER OF SATD SECTTON L, A BLM BRASS CAPIN PLACE; THENCE S 76OJ-714AN E 3972.43 PEET TO THE POINT OF BEGINNTNG;
THENCE 11 44o21t1grr w ]-o2.2B FEET; THENCE N 5800O|42r' W Lg1.25 FEET;
THENCE N 3]-018t35" W ]-93.84 FEET; THENCE N 35"01'04'W 195.05 FEET;
THENCE N 5oo1o'o9n w a74.71 FEET; THENCE N 54or1'49" w 43.11 FEET;
THENCE.N.2403gt2o,, w 153.26 FEET; THENCE S 5go34'20,' W 77.75 FEET; .
THENCE N 02"18'42!I w 5O.IB FBET; THENCB AIoNG THE ARC oF A CURVE ToTHE LEFT HAVTNG A RADIUS OF 145. OO PEET AIVD A CENTRAT ANGLE OF
I Y 'o_!:-_A DTSTANCE oF 151.09 FEET (cHoRD BEARS N 32"09 ' 45t' 9,1 144.35. -;T; THENCE ALONG THE ARC OP A CURVE TO THE RTGHT HAVTNG A RADIUS OF
623133 03/18/2003
70 of Et R 406.09
)
105 . oO FBET AND A CENTRAL ANGLE oF 18041 ,42,, , A DTSTANCE oF 34.26 FEET(cHoRD BEARS 11 52039r55rr w 34.11 FEET); THENCE N 55"05'05" E 97.52.
FEET; THENCE N 12ooo'2Bn.w 243.tL FEET; THENCE N 11"3ot42,' w Los.63
FEET; THENCE N 0zol-2,34'r w 15.18 FEET; THBNCE N 0goo2'04,, 14 130.43
FEET; TI{ENCE t{ 69o42r3grr w 148-G5 FEET; THENCE N B4ooo'oot w 223.2s
N
N
FEET; THENCE N 05018r54r' E 90.01 FEET,. THENCE S 84"00'OO,, E 226.g2
FEET; THENCE N 03033'o6n E 162.1-s FEET; THENSE N 00042,38" w L62.56
FBET; THENCE N 21000,00n E 332.51 FEET; THBNCE N oo"42,3gt w zoz.2-t
FEET; THENCE N O9OOO'OOII W 38L.49 FEET; THENCE N OOO42'38N W L76.32
FEET,. THBNCE N 85"49123x w ].93.89 FEET; THENCE AIoNG THE ARc oF ACURVE TO THE IrEPT HAVING A RADfUS OF 580.00 FEET AND A CEMIRArT AIIGITEoF 10"53r34rr, A DrsTAlIcE oF L:o.27 FEET (cHoRD BEARS N 21033'22" w
11O.10 FEET); THENCE S 86o4gt23n E 225.5L FEET; THENCE N 25043'53" W
308-.74 FEET; THENCE N 14033 t44u.w 79.98 FEET; THENCE N 30o42r43'i
85-50 FEET; THENCE N 34003,44n w 197.29 FEET; TITENCE N 34019'54,,149-2L FEET; TIIENCE N 49o0otoo,, w 2o0.56 FEET; THENCE N 59o5o'oo,'
206-65 FEET; THENCE N 69"00,OOn W 2O9-58 EEET; THENCE N G5oOO,OO"
)6?-?? FEET; THENCE N Gz"sl-'o9t' w 379.36 FEET; TITENcE N z2ooo'oo1'( \.zs FEET, To A PorNT oN THE EASTERLY LINE oF THAT PRoPERTY
CRIBED IN BOOK 590 AT PAGE 955; THENcE N 3z"L1r3zlr E AIONe SAIDEASTERLY LINE 7-23 .94 FEET TO A POINT ON TI{E CENTERI,INE OF THE ROARTNGFORK RTVER; THENCE THE FOLLO TNG FI\rE (5) CoI]RSES AI,oNG THE CENTERLINEOF SAID RT\ZER:
1. S 64"20'33n E 539.1_3 FEET2. S 5go24t54r E 523.30 FEET3. S 6l_"4Lr54" E 147,51 FEET4- S 34"19'54" E 645.90 FEET5- s 29"54'.54" E s1G-97 FEET To A porNT oN THE'EAsrERty LrNEoF Lor 17 oF sArD SECTTON l-; THENCE LEAvrNc sArD CENTERLINES OOO42.38'I E AI,oNG THE EASTERIJY I,INE oF toTs ].7, 22 AITD 29, ADTSTANCE oF 2l-4o -7o FEET; THENCE LEAVTNG $AID EA$TERLY r,INEN 89oL5'45'r E 43.L4 FEET To rHE NoRTITWEST coRNER oF THAT pRopERTy
DESbRTBED rN BooK sl1 AT pAGE r-03 oF THE GARFTBLD eouury cLERK ANDRECORDER'S oFFrcE; THENCE THE FoLLowrNG TI{REE (3) couRSEs ALONG THE
WESTERLY LINE OF SAID PROPERTY:
1. S 4l_oo7'10" E 559.75 F.'EET
2. S 47055 r 3grr E 519.80 FEET
3. s 47o15r43rr E z7G.?2 FEET; THENCE LEAvTNG sArD wEsrERLy LrNES 62"T0'49II W 340.58 FEET, rO THE POINT OF B]EGTIN.ING; SAID PARCETCOMIAINTNG 18.503 ACRES, MORE OR LESS
ilililt illll ililll llll llllllllllll lllll lll illL llll lill
:THER WITH A PARCEL OF LAND SITUATED
LOTS 4, 5, 6, 7, 14, THE NW1/4NW1/4
@42O7? 81.447 P953 l'l RLSD0RF
D O,Og ERRFIELD COUNTY CO
PHASE 1 LEGAI
PAGE 6
23 AND 28 OF SECTION ]-
sw1/4NW1/4 OF SECTION
W
w
w
w
w
IN LOTS
AND THE
{I
[]il ililr ilil[ ilil lililt ililll ilil ilI ilil lllt t!]
)23133 A3/18/2@O3 O4=A7P 81447 P954 il RLSD0RFIt of Et R 406,00 D 0,00 GRRFIELD C0UNTY C0
I',
1_?,_-Tot,lttsurp 7 sourH, RANGE 89 wEST oFCOUNTY OP GARFIELD, STATE OF COLORADO;PARTICULARLY AS DESCRIBED AS F.OLLOWS:
PIIASE 1 LEGAI
PAGE 7
THE SIXTH PRINCIPAL MERIDTAN,
SAID PARCEL OF LAND BEING MORE
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTToN 1, A BLM BRASS CAP
I-T-!!1C8, THE..POINT.OF BEqINNING; THENCE S 88"08t24'' E ALONG THENoRrHERr,v ';#"ffi; ; 3F 3il'r-;rE#t$"?r'TBrr.r,FEET; TIIENCE LEAVTNG SAID NORTHERLY LINE S O].O19'05'' W 1OO.OO FEBT;THENCE s BBoo8.)24il E 150.00 FEET; THENCE N oooo3'38,' E 2o0.Lo FEET;TI{ENCE N 8BooBt24n w 1oo.1s FEET To A porm o*rr" wEsrERLy rJrNE or,.LoT 28 OF SArD SECTION 1; THENCE N oloLcls7r, w ALoNe THE wEsTERr,y LINBOT LOTS 28 AND 23 OF SAID SECTION ]- 105]-.60 FEET TO A POINT ON THEWESTBRLY RIGHT-OF-WAY OF COtrNTy ROAD 109,. THENCE LEAVTNG THE WESTERLYLINE oF SAID LoT 23 ?HE FoLLowTNG SE\TEN (7,) CoT,]RsEs ALoNG THE WESTERTYR'IGHT-OF-WAY OF SAID COUNTY ROAD 109: ' vvv'\vuv '
1.. ALONG THE ARC OF A CURVE TO THE RTGHT IAVING A RADTUS OF458.09 FEET A}TD A CENTRAL ANGLE OF 36"07'55", A DrSrA}ICB OF288.88.FEET (CUORO BEARS S 30"48'59', E 2A4.L2 FEET)2. s ]-2"45 | Ol-n E 247 .L5 FEET
3 . ALONG THE ARC OF A CURVE- TO THE RIGHT HAVTNG A RADTUS OF/ \ 1O95.OO FEET AND A CENTRATJ AIIGLE OF 08"59'23", E OTSIAT.ICE OFl\1 171-.80 FEET (CHORD BEARS S 08o15'l-9" E l_71-.53 FEET)4. S 03045'38' E 70 -62 FEET5. ALONG THE ARC OF A CT'R\rE TO THE IJEFT HAVTNG A RADIUS-OF'1930.00 FEE? AluD A cEIflTRAL A.I0GLE OF 05038 t57', e OrsiarrlcE oFl-9o.29 FEET (cHoRD BEARS S 05035'O6n E l_90-21_ FEET)6. s 09024'351' E a73g.."g6 FEET7. S o9"32'11I, E 545.09 FEET (To A PorNT W}{ENGE AN oNE INCHIRON PIPE BEARS S BO"3}I46'' W ]-5.0]. FEET); THENCE.LEAVING SAIDWESTERLY RrGHT-OF-WAY s 80o39'.46". w AroNc. THE NoRTHERLy LrNE EXTENDEDAI\TD THE NORTHERIJY IJINE OF RECEPTION NO. 402764 156.55 FEET TO AN ONErNcH rRoN PrPE rN Pr,ACE,' TgEN-i-coi'foiiurxc AroNG sArD NoRTHERLy LrNEs 46"49'45t' w 319-s9 FBET To rHE NoRrHt{Esr coRNER oF sArD RECEprroNNo' 402'764, A REBAR AND CAP fN PLACE; THENCE S 99036114,r E ALoNG THEWESTERLY LrNE oP sArD RECEPTTON No. 4o2iei-AlrD nucsprroN No. 4l-Bs9o,3o2-72 FEET To rlIE sourlrwEsr coRNER oF saio: nic-eFiioN rrro- 418590;THENCE s 80o45'44r' w Ar,oNG THE NoRTHERLY LrNE oF RBCEprroN No. 3gzLB2,177.L7 FEET TO THB NORTI{WEST CORNER.OF SAID RECEPTION NO. 397L82;THENCE s 17o25t15rr w ArcNG THE wESTBRLy LINE oF RECEprroNNo. 3g7LB2AND RECEPTTON_NO- 4L1--t67, 741-.91 FEET To THE NoRTHwEsr coRNER oF Lor2I OF SAID SECTION ]-2, ALSO BEING THE NORTHWEST CORNER OF TELLERSPRINGS SUBDMSION; THENCE s 00"00'34'' W AIONG THE pESTERLy LINE oFSATD TELLER SPRINGS SUBDIVISION AND THE EASTERLY LINE OF LOT ].4 OFSAID SECTION 1.2 768.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14.-ANCE LEAVING THE WESTBRLY LINE OF TELLER SPRINGS SUBDIVISION9"00'59'' w ALoNG THE sourHERLy LrNE oF sArD Lor 14 468.99 FEET To
{I
ililil| illr illillillr illll l]IlIilililt ill]ilt llil
623133 @3/78/2OO3 @4tO7? 81447 P955 l't RLSDORF
7? of 81 R 406.@O D 0.00 GRRFIELD COUNTY C0
PHASE 1 LEGAI
PAGE 8
THE SOUTIII^IEST CORNER OF SAID LOT a4; THENCE N 00o22'!3" E ALONG THE
WESTERLY IJINE OF SAID LOT t4 1-378.08 FEET TO THE NORTIIWEST CORNBR OF
SAID LOT 14; THENCE N.B9"OZ'53rr 14 AT,ONG
"HE
SOUTHERLy LINE OF THE
swL/4NNL/4 oF sArD sECTroN i-2 L347.9i. FEET To rHE wEsr euARTER coRNER
OF SAID SECTION 12, AN ALUMINIIM CAp IN'PLACE; THENCE N 00o33'14,r W
AIONG THE WESTERI,Y LINE OF SAID SECTION 12 2728.80 FEET TO THE POINToF BEGTNNTNG, SAID PARCEIJ OF LAND CONTATNTNG 165.038 ACRES, MORE OR
LESS
TOGETHER WITH A PARCEL OF LAND SITUATED IN LOTS 5 AND ].3 OF SECTION ].,
TOWNSHTP 7 SOIITH, RANGE 89 WEST OF THE SIXTH PRINCTPAI, MERTDTA}I,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICUI,ARLY DESCRIBED AS FOI,T.OWS:
CoMMENCTNG AT THE NORTHWEST CORNER OF SECTION 1, A BT,M BRASS CAP IN
PI,ACE: THENCE S 56"22,418 E 518.09 FEET To THE PoINT OF.BEGTNNING.
THENCE s 59"20,23S E Llti'.4G FEBT; THENCE s Go"oo,o0* w Lz:-.o4 FEET;
THENCE s l-l-'"21'36fi w 58.67 FEET,- TTIENCE N os"o9'o2H'v{ 158.12 FEET;
THENCE N 19'24'30* E 31-12 FEET; THENCE.s 65"25'04fi E 20-L6 FEET To
THE POrNT O.F BEGTNNING; SAID PARCEL CONTATNTNG 0.220 ACRES, MORE OR
LESS.
ietuBR wr?H A pARCEL oF I,AND srruATED rN Lors 12 ArvD r-3 oF sECTroN
TO}.INWHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCTPAL MERIDIA}I,
CotfNTY oF GARFTELD, STATE oF CoLoRADo; SAID PARCEL BEING MORE
PAR"fCULARIJY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTI{hIEST CORNER OF SECTION ]-, A BIJM BRASS CAP IN
PIJACE: THENCE S 34"35'14' E 723.60 FEET TO THE POINT OF BEGfNNING.
THENCE S l-4"oo,oo* E 4o7.29 FEET; THENCE s 18"43'43H E 156.81 FEET;
THENCE S 59"00'OOH E 190.08 FEET; THENCEALONG THE ARC OF A CUR\IE TO
.THE RIGHT HAVING A RADIUS OF 232.70 FEET AND A CENTRAL AI{GIJE OF
38'55!15'!r , A DTSTANCE OF 158.08 FEET-(CUQRO BEARS S 51"47'l-1* W
l-55.05 FEET); THENCE S 7L"1-6,17* W 67-02 FEET; THENCE N l-8'43i-43* w
446.82 FEET; THENCE A.T,ONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADUIS OF IOOO.OO FEET AND A CENTRAT ANGLE OF 20055156'I', A DIS'IAIiICEoF 355.34 FEET (CHORD BEARS N 02"39'27*. W 353.3L FEBT)
OF BEGfNNING; SAID PARCET CONTAINING l-.300 ACRBS, MORE
TO
OF
THE POINT
LESS
TOGBTHER WITH A TRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 6
SOUTH, RANGE 89 WEST AND SECTION 2., .TOWNSHIP 7 SOUTH, RANGE 89 WEST,
ALL IN THE.SIXTH PRINCIPAI MERIDTAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID TRACT OF I,.AND BEING MORE PARTICUI,ARLY DESCRIBED AS
FOLLOWS :
CoMMENCING AT THE COMMON CORNER TO SECTTONS 1 AND 2, TOWNSI{rP 7 SOIIIH,
RANGE 89 WEST OP THE SIXTH PRINCIPAI MERIDIAN, SATD CORNER ALSO BEING
C^?./TIUON TO SECTIONS 35 AND 36, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE
:H PRTNCIPAL I{ERIDIAN; THENCE N 75o04'2gn W 4l-85.64 FEET TO THE
NIvI<THEAST CORNER OF LOT 21, WESTBANK RANCH SIIBDIVfSION, FILING !, THE
81447 P956 ]'I RLSDORF
GERFIELD COUNTY CO
s 09"00,22u w
s 59053 | 22n w
S 06059 ' 3g 'r E
s 55"29'3i]' E
S 75ol_3 r39,, E
N ggo5g | 22x E
N 92C,55 | 22n E
s 20e35'1gn E
N 59"24 ' 42n E
N 070L9 t 26n W
N 7Lo15.122n E
N 41000t22n E
s 65(,59'3g11 E
s LgoSg,3gn E
s 50000122n w
226.00 FEET TO A REBAR AND CAP, L.S. NO. 19598
82.00 FEET TO A REBAR AND CAp, L.S. NO. 19598
79.00 FEET TO A REBAR AND CAp, L.S. NO_ 19598
95.00 FEET TO A REBAR AND CAp (TLLEGIBLE)
21.5.00 FEET TO A NO. 5 REBAR
45]-.OO FEET TO A REBAR AIVD CAP (ILIJEGIBLE)
24A.AO FEET TO A REBAR AND CAP (II,LEGIBLE)
].85.00 FEET TO A REBAR AND CAP (ITLEGTBLE)
2to.oo FEET TO A REBAR AND CAp', L.S. NO'. 19598
25A.73 FEET TO A NO. 5 REBAR
272.00 FEET TO A REBAR AI{D CAP (ILLEqIBLE)
372.54 FEET TO A NO. 5 REBAR
435.00 FEET
"O A NO. 5 REBAR
2].O.OO FEET TO A NO. 5 REBAR
398.80 FEET TO.A NO. 5 RBBAR
s 48015 ! 51'l W 235.20 FEE? TO A NO.s 50030.22n W 2LO.22 FEET TO A NO.
5 REBAR
5 REBAR
5 REBAR
5 REBAR
5 REBAR
L.S. NO. r9s98
l-8. s 69"24t42n W . l_80.0o FEET TO A NO.
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I9]ITT OF BEGI}iNING; THENCE THE FOLLOWING TWENTY FIVE (25) CoURsESALONG THE NORTHERLY
FTLING 1:
AND EASTERLY BOI.N,IDARY OF SAID WESTBANK RANCH,
l.
2-
3.
4.
5-
6-
7-
8.
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10.
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19- N 2OO35I].8'I W 25O.OO FEET TO A REBAR A}ID CAP,
2A - S 69024t.42n W 230.27 FEET TO A NO. 5 REBAR2L- s 20035t18n B' 265.00 FEET To A REBAR AND cAp (rr,LEerBtE)
22- 'S 55009!07" W 96-57 FEET TO A REBAR AIID CAp, L.S. NO. l-959823. S OLo23r54" W l-09.60 FEET TO A REBAR AIID CAp, L.S. NO. .7L6824- s 28"05r38rr E 250.00 FEET To A REBAR Ar\rD cAp (TLLEGTBLE)
25- s 67oo7t27n E L49-99 FEET To A REBAR AND cAp (rLtEerBLE), THE.COMMON CORNER OP WESTBAI,IK RANCH SUBDfVISION FTIJING l- AITD WES?BAI\IKRANCH SUBDIVISION FILING 2, SAID CORNER AISO BEING THE NORTHWESTCORNBR OF LOT 23 OF SAID FILfNG 2; THENCE THE FOLITOWTNG SEVENTEEN (L7)
COI}RSES ALONG THE NORTHERLY BOUNDARY OF SAID WESTBANK RANCHSUBDTVISTON FILING 2:
s 59"05'39'' E 533.53 FEET TO A NO.
N 78031'22n E 318.16 FEET TO A NO.
S 62"7-9 IOBTI E .375.50 FEET TO A REBAR AND CAP (IT,LEGIBLE)
S 84058IOB]I E :-92.7O FEET TO A REBAR AND CAP (ILLEGIBLE)
AIONG THE ARC OF A CURVE TO THE LBFT HAVING A RADIUS OF 585. OO
FEET, A CENTRAL ANGLE oF 03o55'r3,, AND'A'DrsTAIvcE oF 40.03 FEET
(CHORD BEARS N O3OO4 IL'7II E 4O.O2 FEET) TO A NO. 5 REBAR
N 84"58'OBN W 183.32 FEET TO A NO. 5 REBARN 62019'08'' W 133.53 FEET TO A NO. 5 REBAR
PIIASE 1 LEGAI
PAGE 9
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FEET, A CENTRAI, A}trGLE OF 03033,20]1 AND(cHoRD BEARS S 03015'14'l VI 40-02
"""r1(II,LEGIBLE)
PHASE 1 LEGAI
PAGE 10
N 10"46t22n E G5.11 FEET To A 1 rNcH STEEIJ prpEN 30"35'38'' W 476.00 FEET TO A REBAR A}ID CAP,L-S- NO. 91_84r0. N 39"09 t22't E 305.48 FEET TO A NO. u *rr*11. N 77"24t22n E 264.88 FEET TO A REBAR AND CAp (TLLEGTBLE)L2. s 33"45'3g,r E 544.01 FEET t-
13. S 1go2g'38" E 2L7.OO FEET
:: : :1i?'38" E 218.7s FEET ro A REBAR A]\rD cAp,NO. L9598
1G . AroNG Tr{E ARc oF A crJRi/E i" irrt n"rbgr HAVING A RADIUS OF 645.00
A DTSTANCE OF 40.03 FEET
rO A REBAR AND CAP
t7- s 84058',08', E 334.45 FEET TO A Np. 5 REBAR, THE COMMOII co*,.renoF wEsrBAI\TK RANCH sLTBDrvrsrou FTLTNG 2 AND wEsTBANK RANcH suBDrvrsroNFTLING 3 , SATD .CORNER A],sO BEING THE NORTII{,VEST CORNER OF IJOT ]-4 OFSATD FrI-,rNG 3; TIIENCE tie-pol,I,owrNc srxTEEN (16) coURSEs ALoNG THEWESTERLY BOUNDARY OT' SETO WESTBAI{IK RANCH SUBDIVTSTON FILTNG 3:1' N 81oo7)37n E 357.9r- FEET To A REBAR AI\TD cAp, L.s. No. 9i.842- N Rqoqa ))an rr ^AA?... I ::::1 )2.2N E 2OO.OO FEET TO A REBAR A}ID CAP, L.S. NO. ].9598\ s 78"32'08,' E. 2,'6-49 FEET TO A NO. 5 REBAR
s. *,3$"rr";rf;'1.=^ J1.3j,*T:ET.Jo__1 ry_qAR A].TD cAp (rr,LEerBr,E)s ' AroNe ?HE ARc oF A cIrRvE- ro iHi riem HAvTNG o *oi"-?F3"f 'roo - ooFEBT, A CENTRAT, Ar$eLE oF 09"56'03', AI,[D A DrsrAI[cE oF sz-oi FEET(criono BEARS N 00"36r54"'E s1-95 FEET) To A REBAR AlrD Ar,uMrNrrMcAP, L-S. NO- LL2A4'
5. N 74o2qt?a, .^i alo 6,irrol 74029138" w 319-84 FEET TO A REBAR ArVD ATUMTNUM CAp, L.S. NO-
7. I\i 33o34I38'' w .232.00 FEET To A REBAR AI{D CAP (ILI,EGIBI,E)8. N 22O27]38" W 382.00 FEET TO A REBAR AIVD CAP, L.S. NO. 9].849. N 2oo22r38', w 328.1-8 FEET To A No. 5 REBAR10- N 35"29r38r w 119-00 FEET To A *rr*-*r1;, L.s. No. 918411' N 52"29!38'' W .175.00 FEET TO A REBAR AIVD CAP, L.S. NO. 918+12. N 52"29I38II W 215.00 FEET TO A REB.AR AND CAP, L.S. NO. 91.84]-3. N ].5O]-8 I38' W 321.00 FEET TO A REBAR ATVD CAP (TLLEGTBLE)14. N 33"55 122N E 228.gA FEET TO A REBAR AND CAP, L.S. NO. 9]-8415. S 6902"7 t3B'' E. 475.00 FEET TO A REBAR AND CAP, L.S. NO. ,,,i].5. S 50045'38'' E 395.00 FEET TO A REBAR AIID CAP, L.S. NO. 9184,SAID POINT ALSO BETNG THE NORTHEAST CORNER OF iJOT 23 OF SAID WESTBA}iKRANCH SUBDTVISToN FILTNG 3; THENCE LEAVING SArD BO[TNDARY. N 42004'22u E160'00 FEET TO A POrNT rN THE CENTER OF rHE ROARTNG FORK RrVER; THENCETHE TWELVE (].2) FOLLOWTNG COURSES AI,ONG SATD CENTERI-TTNE:I N 5L"47 ' 38 'r w t24 .to FEET
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PAGE 11
Z - N 45o5G ,3g,, W
3. N 64o32'3gn w.
4- N 94051,38,, W
5. N 79"35'38" w6- N 72"34'39,' W7- s 97"46t22n w
B. s 85"12;22' w
9. s 65057t22n wLo. s 48042'22" w
1a _ S 6go44t 22n W
l? - 11 96o92 t 3 6i,r WOF I,AND CONTAINING
239. BO FEET
507.80 FEET
159.50 FEET
203. OO FEET
879.00 FEET
342.O0 FEET
231.00 FEET
517. OO FEET
332.00 FEET
35'3. OO FEET
181.97 FEET TO ; SAfD93.860 ACRES, MORE OR tElss-
TOGETHER WrTII A 3O.OO, WIDE ACCESS ANDMEADOW LANE TO COUNTY ROAD NO. -10; il.;OF LOT 15, WESTBANK SUBDTVISTON, FILINGTHEREOF RECORDED IN THE GARFIELD COT]NTY
UTILITY EASEIVTBNT EXTENDING FROM
BETNG THE SOUTHERLY 3O.OO FEETNO. 3 , AS SHOWN ON THE PT,AT
CLERK A.IVD RECOR.DER'S OFFTCE.
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TOGETI{ER IfITH A LIMTTED ACCESS EASEMEMT THROUGH WEST BANK OPEN SPACEBEING A 25'00 FOOT WIDE STRIP OF LAIID SITUATED fN IJOT 24, SECTfON 1,TOWNSHIP 7 SOIITH, RANGE 89 WEST OF TTIE SIXTH PRINCIPAIJ MERIDTA}I Icou}ryy oF GARFIELD, srATE_oF coLoRADo; iiip.."iiliil"6, I,AND LyrNe 12-soFEET ?o EACH. srDE oF rHE FoLLowrNG DESCRTBED cEMrERr,rNE:
CoMMENCTNG AT THE SOU:rHWEST CORNER OF SArD SECTTON 1, A BrrM BRASS CAprN-Pr'ACE; TI{ENCE N Gr-or-3 t24}t E 2223.28 FEET To A porNT oN THE PAGEEAS?ERLY LINE OF SAID LOT 24, SA_ID POiNT;i"ii G--O'U ON SArDCENTERLTNE, , rtigl{eg tBAvrNG sArD EAsrERLy.r,rMEN 48052 157.r' w AroNe sArD cENTERLTNE 23G-91 FEET; THENCh coll'r-r]rut5cAIJONG SAID CEMTERLINE AIJONG THE ARC oF A cURvE To THE RTGHT HAVING ARADIUS OF 1-4 04.75 FEET AND A CENTRAL ANGLE OF 10O55 I42I)'! A DISTANCE OF267.94 FEET (CHORD BEARS N 43"25'05' V] 267.53 FEET); THENCE CONTTNUTNGAIONG sArD CENTERLTNE N 59"15t39n E 20-95 FEET To A porNT oN TlrEsoulfHwEsrERLY RrcHT-oF-wAY oF cotrNTv nbao uo.' 109; THENCE LEAyTNG sArDRIGHT-OF-WAY AND CONTTNUING AI,ONG SAID CEM|ERLINE S 69O]-5'39'' W 30.8].FEET; THENCE CONTINUTNG AIONG SAID CENTERLINE AIoNG THE ARC oF A CURvETO ?HE RTGHT HAVING A RADIUS OF ZS.OO T'NET AND A CENTRAT ANGLE OF42043 '58rt, A DTSTANCE oF 19.65 FEET(cHoRD BEARS N Bgoz;-,22,t ilr-.-r,FEET);. THENCE CONTTNUING AI,ONG SAID CENTERLTNE N 67,,59123II W 55.79( 'i-TlIIgE coNTrNUrNc AroNc sArD cElrrERrrNE AroNc rHE ARC oF A cuRVE]. - ^'HE LEFT HAVTNG A RADrus oF 2s. o0 FEEi-Affi it iillltnar, ANcLE oF
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TOGETHBR WTTH A
FOOT WIDE STRIP7 SOUTH, RANGEG.}'BIELD, STATE
PHASE 1 LEGAI' PAGE 12
64"44t 4'l'1 , A DTSTANCE oF 2g.25 FEET (cHoRD BEARS s 79o3g,13,, w 26.?7PEET); THBNCE CONTTNUTNG AIONG SAID CENTERLTNE S 4?015'50' W 58.23PEET; THENCE coNTrNurlre -alorqc
sArD cENTERLTNE AroNc rHE ARC oF A ctrR\,,TO THE LEFT HAVING A-NA-OTUS OF 1250. OO FEET ATTD A CENTRAT AIVGLE OFa5o28t45n, A DTSTANCE oF l-19.54 FEET (cuoRo BEAas s 44o37-,2-tu w 119.49FEET) ; THENCE C.NTINUING AI,NG sArD d;;;;*" I" n,"n, ,ou, w 96 .44FEET; THENCE coNTrNurlve-ar.oNG sArD-cglirnnlrNE ALoNG THE ARc oF A cuR\ETO THE RTGHT HAVING A RADIUS OT TOO. OO FEET AND A CENTRAIJ A}TGLE OFl-8c48)32",. A DTSTANCE oF 32..83 FEET(cHoRD BEARS s 51o11,21u w 32-GBFEET); THENCE coNTrNurNc_ar,cirve sArD'"rrrr""rNE S 50035'37" W 46.g9FBET; THENCE coNTrNuruC-ar,orc saro-ceNTERLTNE AroNG THE ARC oF A *rRrcTo TrrE RrcHT HAVTNe a nabrus op roo.op FEET AlnD A cENTRAIJ A\IGLE oF16"49'45u, A DrsrArveE oF 29-32 FEE"fcgonp BEARS s 69o00,zgu vt 29-22FEET) ; TIIENCE CONTTNUING ALONG SAID
",*J.,,* J ,1,",,,,,, W 39.30FEET; THENCE coNTrNUruC-ar,oNG sArD cnllrgnlrNE Ar,oNc rHE ARC oF A cuR\/ETo rlIE LEF= ruivrwc a naorus or zi. oo-i,'net AI*D A cENTRAL AI*GTTE oF33"L5'59", A DTSTAIICE OF t4 .52 FEET (cHoRD BEARS S 60..47 t 22]t W l-4.31FEET) ; THENCE CONTINUTNG A],ONG SArD
""0'-'*"*
-;;4,,Og'23'
W 33.75FEET;'TITENCE coNTrNlrrNC-ar,orvc saro cilunrurNE ALoNG THE ARC oF A cuRvE/o-#1:.:"1 I{AvrNe A RADrus- or--s-6loi'-isnt AND A cENrRArr Ar\TcrJE oFt 95'03", A DISTANCE OF 25-AZ rEBT(CHORD BEA11S S 2go21-t12n W 25.s3-iT); THENCE CONTTNUTNG AroNG sArD cElrrERLrNE s :,4o34,20,, w 2L.g4FEET; TI{ENCE. COITTINUING AIJONC SATP-CEIVTSTrNE AIONG rHE ARC OF A EUR\'IETo THE LEFT HAvrNe a nepius op so. oo-r'ggt AND A cENTRAr. arvcr,g oF.25ol-8 t2ott, A DrsrANeE oF 22.oB FEBT (cgono BEARS s ol_o55,10, w 2l_.90FEET); THENCE EONTINUTNG ALONG SAID CENTERLTNE S 10O44'OO' E L27.5OFEET; TTIENCE'CONTrNUrNG Arolre saro-ceNteaLiNe-Ai,oNc rng ARc oF A gtRVETO THE RrGHT HAVTNG e naorus op 25. OO-'r'ger Ar\TD A CENTRAL AIIGLE OF71oo9f Ootr, A DTSTANCE op 3l-. 05 FEET(CH9RD BEARS s 24050,30r, w zg.ogFEET); THENCE coNlrrNUrNG Arr'oNG sArD eEMTERLTNE S Goo2s,oo, w g3.l-5FEET; THENCE CONTTNUTNG AroNG sArD cnllmmrNe . ALoNe rHE ARc oF A cIrRrfETO THE LEFT HAVING A RADTUS OF 25. OO-T'ECT A\ID A CEMTRAL ANGLE OF68o29 '58r', A DrsrAIvcB oF zg.B9 FEET (cHoRD BEARS s 26o10,o1n w 28.14FEET); THENCE coNTrNurue er,oNc sArD ""*r**"r*-" orluu,ry E l_0.G7FEET TO A POTMT ON THE SOUTHERLY LTNE-OF LOT 24 OF SATD SECTION 1, THETERMTNUS; WHENCE THE sourHwusr eonirrnn op sArD sBCTroN r. BEARss 5 9o39 r 32,r w 1335 - 39 FEE"
LIMITED ACCESS BASEMENT THROUGH TROUT BEING A 40. OOOF LAND SITUATED TN LOT 25 AND 27, SECTTON 1, TOWNSHIP89 WEST OF THE .SIXTH PNTUCTPNT, MERTDIAN, COUNTY OFOF COLORADO,. SATD STRIP OF LAND LYING 2O.OO FEET TOFOLLOWING DESCRIBED CNNTNR],rNE.{ srDE oF THE
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PAGE l-3
UOMMENCING AT THE SOUTHWEST CORNER OF SAID SECTTON 1, A BLM BRASS CAPrN PT,ACE; THENCE N 50"30'32" E 1335.39 FEET To A porNT oN THENORTIJERLY LrNE OF' SAID LOT 26, SA1; POrUt Er,SO BEING ON SAIDCE}.TTERLTNE, ; THENCE LEAVING SAID NORTHERLY LTNEs ggog4t5grt w ATJoNG sArD CENTERTJTNE 38.58 FEET; THENCE coNTrNUrNcALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVtrNG ARADTUS oF 25'00 FEET AND A CENTRAL ANcLE oF 7go39,4s,r., A DisrANcE oF34-76 FEEr(CHORD BEARS S 31044'55" W 32.03 FEET); THENCE CONrimrrNe
AJ-'ONG sArD CENTERLTNE s 7:-o34t47n w 1r-.9s FEET; TIIENCE coNTrNUrNcAI,ONG SATD CENTERLTNE AIONG THE ARC OF A CI]RVE TO THE RTGHT HAVTNG ARADTUS oP 50'00 FEET AND. A CENTRAL AIvcLE oF 2f47tozu, A DrsrArvcE oF]-9.0]. FEET(C,rORP BEARS S 82".28'18N W ]-8.90 FEET); THENCE CONTINUTNGAroNG sArD CENTERITTNE N 8:-044'z7n w lG.83 FEET; .THENCE coNTrNUrNeALONG sArD CENTERTTTNE AIONG THE AnC Op A CURVE To TIIE LEFT HAvrNc ARADTUS OF 25.00 PEET AITD A CENTRAL AI\,GLE OF 95009144'I , A DISTAIVCE OF41"52 FEET (cHoRD BEAR''s 50"40'40" w 38.9r- FEET); THEN.E coNTrNUrNcAroNG sArD CEMTERLTNB s o1"ol- r23n w 2g.G8 FEET; THENCE cotrltttwirueAIONG SAID CENTERLTNE AIONG THE ANC OT' A CI'RVE TO ?HE RIGHT I{AVTNG ARADrus oF 50'oo FEET AND A .ENTRAL Atr{eLE oF 31o40,51,,, A DrsrAr[cE oFt 'r55 FEET(CHORD BEARS s 15051 '4gtt w 27.30 FEET); THENCE courrNurNeI\ IG sArD CEMTERLTNE s 32"42r14tr w 88.38 FEET; THENCE.coNrrNUrNer--ING SAID CENTERLINE AIONG THE ARC OF A C['R\rE TO THE LEFT HAVING A'RADIUS or' 50 - oo FEET AND A CENTRAL ANcLE oF 2coo 3-) s4n , o ,rtr*t o"22.72 FEET (cHoRD BBARS s i-9"4tr,Lln w 22.52 F,EET); THENCE coMrrNUrNeAr'oNG sArD CEMTERLTNE s o5o4o '2on w 19.05 FEET; THENCE coMrrNUrNGALONG sArD CE}IITERLTNE Aroitic THE anc op A cuRVE ro trrb r,nri- ireviluE eRADrus oF 25-oo FEET Ar{D A CENTRAL A}Icr,E oF G'oo3o'09,,, ADfSTANCE.OF' 26-40 FEET (CUORp SEARS S Z3o34t44u E 25.1-9 FEET); THENCEcoNTrNUrNc AroNe sArD CENTERTJTNE s 53"49,49n E 8.59 FEET; THENCECONTTNUTNG ALoNe sArD cENTERLTNE Ar,oue- rnu ARC bb a cunve ro rHE RreHTHAVTNG A RADIUS OF 25. OO FEET AND A CENTRAL AI\TGLE OF 28"55 I 521' , ADISTANCE OF L2.63. FEET(CiIORD BEARS S 3go2L,22,. E 12.50,FEET); THENCE
CONTTNUTNG Ar,oNG sArD CENTERLTNB s 24"s2.s6n E 10.28 FEET; THENcECONTINUTNG ALONG SATD CENTERLTNE AIJONG THB.ARC OF A CURVE TO THE RIGHTHAVING A RADIUS OF 25.00 FEET AND A Cg'NtRAi, ANGLE OF 42"02'11I" ADfSTAIIICE OF l-8.34 FEET(CHORD BEARS S.03oS1'S1,, E L7.g3 FEET); THENCE
CONTTNUTNG AIONG SAID CEN?ERTJINE .S 17O09'15U W 46.43 FEET; ?HENCECONT]IVUTNG ALONG SAID CENTERLINE ALONG THE ARC OF A CUR\rE TO THE RTGHTHAVTNG A RADTUS OF IOO.OO FEET AND A CENTRAL ANGLE OF 10032,50,I, ADISTANCE oF 18-41 FEET(CHORD BEARS S 22r,25,40,, W 18.38 FEET); THENCE
CONTfNUTNG ALONG sArD CENTERLTNE s 27"42,o5n w 49.78 FEET; THENCEr -NUTNG ALONG SAID CENTERLINE ALONG THE ARC OF' A CI'RVE TO THE LEFTtK, ..IG A RADIUS OF 5O.OO FEET AND A CENTRAL ANGLE OF 46'09'03", A
7E or at R 406.0o o s-.idb oiiiieii.couNry co
i
. ,DISTANCE OF 40.27 PEET (CHORD BEARS S 04\7'33' W .3g.1.g r,gnr); THENCBCONTINIITNG AI,ONG SAID qTIIPRI,,'
'_, BO25Isg' E g.34 FEET,. THENCEcoNTrNurNG AloNc seio cgNrenrllru er,6lrc THE ARC oF A cuR..E To rHE RrcHTHAVTNG A RADTUS OP 50. OO FEET AND A CENTRAL AI{GLE OF' 4TO51 '43" , ADISTANCE OF 35.53 FEET (CHORD ,"C"' , O2O28I53N W 35.72 PEET) ; THENCECONTTNUTNG AIONG SAID CENTERL'*' , i=],NiiNl'*'U''." FEET; THENCE.'NTTNUTNG ALoNc seio ce*enrrNe AroIrc THE ARc oF A cuRVE ?o rHE LEFTHAVING A RADIUS OF 50.OO FEET AND A CENTRAL ANGLE OF 39O55' 48", ADrsrAr{cE oF 34'85 FEET (cHoRD BEAR' s o3o2''50" w 3 4-L4 FEET),. THEN.EcoNTrNurNG AroNc sArD CENTERTJTNE s ,i"rl,;;,-; ,.'r, FEET; THENCECONTTNUING AroNG saro csNrgRr.,rrve Aroluc ?HE ARC oF A cuR\rE To ?HE RreHTHAVTNG A RADTUS OF 50.OO FEET ATID;-;;,;;;";" O' 48O53 '!4",A DrsrANcE oF 42.66 EEET (cHoRD
"*r-"-ffi;; w 4r_.38 FEET); .THENCE coMrfNurNc AroNG sArD .EIEERLTNE s 32o22,11n.w 27 -64 FEET;TITENCE co*lrNuruc al'olic saro cnlrigRiiNg Aroivc rHE ARC oF A c,trRvE TorHE LEFT IIAvrNc a nerius oF so, oo-fg'T ervD A cEMrRAr, ANGT,E oF?.1-'n'43", A DfSTANCE Op 23.05 FEET (CHORD BEARS S 19og9r49ri W Zz-BsFEET) ; THENCE COMTINUING. AIJONG SArD CEMTERLINE S O5O57I271' W 1O7. 09'FEET; THEN.E cowrrmrir'r6-er,orve saio-'ciNTERLTNE AroNc rng ARC oF A crrRVE,' -t?^]I'E LEFT HAvrNe a-neorus or ioo.o6'pem AlrD A SENTRAL AN.LE oF\ '3t'35", A DrsrAr{cE oF s.Gs.FEEt, (c11oRD BEARS s o3or_r.,40, w g.G4-'c:ET); THENCE coNTrNUrNc ALoNc sArD eENTERTTTNE s ooo25r52,. I{ 4g.93FEET; THENCE 5 -
PHASE 1 LEGA],
PAGE 14
::I::yl":^-:j"^:"1? CENTERTJTNE ALoNG rHE ARc oF A cunve ro .rHE RreHr
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-N EXHIBIT B) (An,exabre property LegarDescription)
,*",ioTlii?ffi":';H',:[H.1,jil,*:i,?,X3f ff flTi:fr l;iilfril;ii?1i.,
and more particularly described on the Final PIat of Rose Ranch plaru:ed UnitDevelopment, Phase 1, recorded in the records of the Clerk and Recorder for GarfieldCounty, Colorado onrl-_r?",Zilgg,at Reception No. *ZIFB
ficl ara tion of Pro tective Covenants
Rose Ran.ch P.tJ.D.
13-Sep-99
lllilil Iilil lIlilI ffilllllt llillil[ilil] il]il ilt lil
623133 O3/78/2OO3 @4tO7P 81447 P963 l'l RLSDORF
8O ol 8l R 406.00 D A.O0 GRRFIELD COUNTY CO
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D ec laration of Protec tiv e Co v enants
Rose Ranch P.U.D.
l3-Sep-99
EXHIBIT C
(Golf Course Parcel Legal Description)
2, Golf course Parcel :, Goif corrr" parcel 4, Golf course parcel 5 and Golf course
lu*"] 6 and more particularly described o, rr* pir.ipr"iJrn"se Ranch planned unit
?:::,:ry":t, Phase r, recorded in the records of the crerk and Recorder for Garfierd.County, Colorado ont/-jV ,Zggg, atReception No..lg Ttgg
LHIJ tu,llIl[ il u! ! ul,!'u l!]r ll'u ] ru$LLU
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ii-ii-ei- a- qso . od D- o: oA 6nirirr-0. iouHrv co
EXHIBIT Dt i (Recorded Easements, Licenses, Covenants and Restrictions)
Declaration of Golf Facilities Developmen! Construction and Operational
Easenrent,.executed by Roaring Fork Investrnents, LLC on E-4o ,1999, and
recorded in the records of the Clerk and Recorder for Garfield County, Colorado
on |B?, ZgW, at B o oVV!, P age g! and Recep t io n N o . €d ?C{
Grant of Conservation Easement, conveyed by Roaring Fork Invesftraents, LLC
t9 the Roaring Fork Conservancy on t5* ,lggg, and recorded in the records of
the Clerk and Recorder for Garfield County, Colorado onty'd? ,zggo,at Book
/zD_e_-Pagei+B and Reception No. -"ZS
Easemeut Agreement, between Roaring Fork Investments, LLC and the
westbank Mesa Homeowner's Association, Inc., dated,qL4r, L999, and,
recordbd in the records of the Clerk and Recorder for Garneta County, Coloradoon/-4s, ,1999, atBookt&ll,Pageg/ and Reception No. %
Roaring Fork water & sanitation District Roaring Fork rnvestments, LLC
Pre-inclusion Agreement, between Roaring Fork investments, LLC, the Roaring
Fork Water & Sanitation Diskict and theBoard of County Commissioners for
Garfield county, colorado, da?ry?-_,1999'nd.record.ed in the records of the
clerk and R.ecorder of Garfi"ta cour,flpolorado or.//-*..- 1999 atBoo@
Pages.lz andR-eception No. saV/?g
,fi 1{, ff r: ; r.i : .', *i p--',".r n.: i. ;'9}l .i}1,*} r_:'{l',: i...,
I&;.r'; ;r' i;li,r',,Jl.i f ,
I
-: ;'. ;, s1.: lri :',: f ;;hir; i Urj # f
D eclaration of P ro tective Covenants
Rose Ranch P.U.D.
I 3-Sep-99
1.
2.
3.
4.
? iii* { i:{ *.h*r*l j u,,l} .iirr.9
HrrwonrH-Pawlex GrorrcHNtcRr, INc.5020 Road 154
Glenwood Springs, CO 81501
Fax 970 945-84t1
Phone 970 94i79$8
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PRELI}IINARY GEOTECHNICAL STI'DY
ROSE RANCH DE\IELOPMENT
COI'NTY ROAD TO9
GARFIELD COUNTY, COLORADO
JOB NO. tvt 327
ocToBER 29,1997
PREPARED FOR:
TID ROSE RANCH LIMITED PARTNERSHIP
ROARING FORK II{VESTIVIENTS, LLC, GENERAL PARTI{ER
ATTN: RON IIEGGEMETER, MANAGER
1955 EAST MAIN STREET
PARKER, COLORADO 8013+737 4
,.4
,^i
I{EPWORTH . PAWLAK GEOTECHNICAL, INC.
October 29,1997
The Rose Ranch Limited Partnership
Roaring Fork Invesunents, LLC, General Partner
Aun: Ron Heggemeier, Manager
1955 East Main Street
Parker, Colorado 80134:737 4 Job No. 197 3n
Subject:Report Transmittal, Preliminary Geotechnical Study, Rose Ranch
Development, County Road 109, Garfield County, Colorado.
Dear Mr. Heggemeier:
As requested, we have conducted a geotechnical shrdy for the proposed development.
The property is suitable for the proposed development based on geologic and
geotechnical conditions. There are several geologic conditions which need to be
considered in project planning and design. The more severe constraints are associated
with alluvial fan flooding and the potential for sinkholes.
Subsurface conditions encountered in the exploratory borings drilled ttuoughout the
general proposed building area typically consist of fine grained soils overlying dense
gravel alluvium at depths benveen 2 to 42 feet. Groundwater was typically not
ehcountered in the borings and the soils range from moist to very moist in irrigated
fields'to slightly moist in higher non-irrigated areas.
Spread footings placed on the nanrral zubsoils should be suitable for support of ligbtly
loaded buildings typical of residences. There could be potential for post constnrction
settlement where footings bear on hydrocompressive or soft soils. Subgrade
stabilization of wet soils could be needed to provide a suitable surface for building and
roadway construction.
The report which follows describes our investigation, summarizes our findings, and
prcsents our recoulmendations suitable for planning and preliminary design. It is
important that we provide consultation during design, and field services during
constnrction to review and monitor the implementation of the geotecbnical
recornmendations.
Ifyou have any questions regarding this report, please contact us.
Sincerely,
HEPWORTIT - PAWI-AI( GEOTECHMCAL, INC.fu/u.t
Steven L. Pawlak, P.E.
and by:
Ralph G. Mock
Engineering Geologist
SLP/ro
i'a
L.
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY
PROPOSEDDEVELOPMENT '...
SITE CONDITIONS
REGIONAL GEOLOGIC SETTING
PROJECT AREA GEOLOGY
EAGLE VALLEY EVAPORITE AND FORMATION .
COLLI.IVTI.'M
ALI-TIVIAL FANS
NORTHEAST DRY PARK GI.'LCH ALLIJVIUM
RTVER ALLIIWI'M
LOESS
SINKIIOLES
FIELD DPLORATION
SIJBSURFACE CONDITIONS
GEOLOGIC SITE ASSESSMENT
ALLTIWAL FAI.I FLOODING
SINKIIOLES
REGIONAL EVAPORITE DEFORMATION
RTVER TERRACE ESCARPMENT SETBACKS
CONSTRUCTIONRELA*TEDSLOPEINSTABIIJTY
EAITITaUAI(ES
PRELIMINARY DESIGN RECOMMENDATIONS . . .
FOT'NDATIONS
FLOOR SI-ABS
UNDERDRAIN SYSTEM
SITE GRADING
SI,JRFACE DRAINAGE
PAVEMENT STIBGRADE
LIIVTITATIONS
REFERENCES
FIGURE 1 . LOCATION OF DELORATORY BORINGS
FIGt,RE 2 - 4 - LOGS OF HPLORATORY BORINGS
FIGI.'RE 5 - LEGEND AND NOTES
FIGIJRE 6 - 10 - SWELL.CONSOLIDATION TEST RESI'LTS
FIGI'RE TI & 12. GRADATION TEST RESIJLTS
FIGT'RE 13 & 14 - HVEEM STABILOMETER TEST REST]LTS
TABLE I - SUMMARY OF LABORATORY TEST RESI''LTS
I
I
2
2
3
3
4
5
5
6
6
7
7
I
8
9
11
t2
t2
t2
t2
l3
l3
t4
t4
t4
15
15
15
17
!l\
PTJRPOSE AND SCOPE OF STI,JDY
This report presents the results of a preliminary geotechnical snrdy for the
proposed Rose Ranch Development, County Road 109, Garfield County, Colorado.
The project site is shown on Fig. 1. The purpose of the study was to evaluate the
geologic and subzurface conditions and their potential impacts on the project. The
shrdy was conducted in accordance with our proposal for geotechnical engineering
services to High Country Engineering, dated lvday 2, lgff.
A field exploration progrm consisting of a reconnaissance and exploratory
borings was conducted to sltnin information on the site and zubsurface conditions.
Sarnples of the subsoils obtained during the field exploration were tested in tbe
laboratory to determine their classification, compressibiliry or swell, and other
;ngineerinS
characteristics. The results of the field exploration and Iaboratory testing
were analyzed to develop recommendations for project planning and preliminary
disrgn. This report lummarizes the data obtained during this snrdy and presents our
conclusions and recommendations based on the proposed development and subsurface
conditions encountered.
PROPOSED DEVELOPMENT
' Rose Ranch Development will be a 440.4 acre residential and golf course
development in Garfield County. The September26,1997 Sketch Plan shows 320
residential dwelling units on 122.3 acres in the eastern part of the property Hween
County Road 109 and the Roaring Fork River (see Fig. l) The residential development
will consist of 260 single family lots and 50 duplex lots. The golf course will cover 137.3
acres and will be located in two areas. One is along Connty Road 109 between ttre
residential area and the steep bluffs uihich form the western valley side. The second golf
course area is along Northeast Dry Park Gulch to the west of the steep bluffs. The
remairing 180.8 acres will be open space and roads. Most ofthe steep terrain in the
western part of the prope4y will be uodeveloped open space, Water will be supplied by
an on-site, commrmity water system with on-site storage facility. The development will
be connected to the Aspen Glen Sanitation District system for sewage disposal.
H.P GEOTECH
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SITE CONDITIONS
The Rose Ranch Development is located onthe western side of the Roaring Fork
River valley about five miles south of Glenwood Springs. The property coversparts of
Sections I and 12, T. 7 S., R. 89 W. The terrain on the property is varied, see Fig-I.
Moderately to gently sloping ground is present along the Roaring Fork valley floorin the
eastern part of the property. Slopes in this area usually do not exceed l\o/otothe east of
County Road 109. To the west of County Road 109 the valley floor abruptly transitions
to a steep bluffalong the western valley side. Slopes on the bluffare usually steepcrthan
60Yo. To the west of the bluff, the property extends into Northeast Dry Park Gulchvalley
that is a ributary to the main Roaring Fork valley. Slopes on the property in the
Northeast Dry Park Gulch area are usually in the range of l5o/oto 4004.
Except for the Roaring Fork River, streams on the propertv are ephemeral and
only have sufface flow following periods of intense thrurder storm precipitation or healT
sriowpack melt. Most of the ephemeral strearns have small Qess than 3 acres) drainage
basins that are restricted to the east facing bluffside. These small ephemeral steams have
built small, coalescing alluvial fans and aprons along the lower bluffside. Northeast Dry
Park Gulch is also ephemeral but it has a relatively large drainage basin that covers about
980 acres. Norttreast Dry Park Gulch has built a large alluvial fan in the northern part of
the propertY
Most of the eastem part of the property is an active ranch with inigated hay fields
and pastures that are located downslope of the inigation ditctU see Fig. l. The westenn
part of the property is undeveloped range land. Vegetation outside of the irrigated areras is
mostly sage and other brush with some scattered jrmiper trees. An abandoned railroad
grade crosses through the eastern part of the property. In places, relatively large fill
embankments are present along the railroad grade and irrigation ditch. Residential
developments are located on adjoining properties to the nor&west and south.
REGIONAL GEOLOGIC SETTING
The prqiect site is in the Roaring Fork River valley to the south of Glenwood
Springs. In this area the valley trends along the crest of the Cattle Creek Anticline
H-P Georecn
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(Kirkha6 and Others ,1996). The anticline is a second-order, regional structure between
the fint-order Grand Hogback Monocline to the southwest and the White River Uplift to
the northeast. These regional structural features developed as a result of compressional
stresses during the Laramide Orogeny about 40 to 70 million years ago. In additional to
Laramide compressional stresses the Cattle Creek Antieline is also believed to be
associated with ground deforrrations related to evaporite diapirism, hydration expansion,
and dissolution in the Eagle Valley Evaporite which forms the core ofthe anticline. The
evaporite deformation in the region is younger than the 3.0 to 22.4 million year old basalt
flows present in the uplands to the east and west of the Roaring Fork Valley (Kirl&am
and Widmaanr lgg7). The evaporite defonnationhas affected Pleistocene (10,000 to 1.8
million year old) deposits aod landforms and possibly Holocene (less than 10,000 year
old; deposits and landforms in the region. Along the a:cis of the Cattle Creek anticline it
appears that the Late Pleistocene and older river terraces have been tilted away from the
riler in places (Kirl&am and Others, 1996).
PROJECT AREA GEOLOGY
Or.g interpretation of the geologic conditions in the project area is shown on Fig-
l. Formation rock in the area is the Eagle Valley Evaporite and Eagle Valley Formation-
The rock is usually covered by surficial soil deposits that consist of colluvium, allwial
fans, river alluvigm and loess. Major faults are not known-to be present in the project
area (Iweto and Others, 1978, and Kirkham and Others, 1996). The principle geologic
featues in the project area are desctibed below.
EAGLE VALLEY EVAPORITE A}.ID FORMATION
Prominent outcrops of the Eagle Valley Evaporite (Pee) are present along the
bluffs to the west of County Road 109. Elsewhere the formation rock is trsually covered
by slrliciat soil deposits and outcrops are limited. To the west, the Eagle Valley
Evaporite grades into the Eagle Valley Formation @e) along the limb of the Grand
Hogback Monocline. These two formations were deposited drxing the Middle
pennsytvanian (about 300 million years ago) in the interior of the Eagle Basin. The Eagte
,,A
,(
ir
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Valley Formation is the transitional interval between the Eagle Valley Evaporite and the
red-beds of the Maroon Formation'
Eagle Valley Evaporite: The Eagle Valley Evaporite (Pee) is made up of gray and t4n'
gypsum, anhydrite, and halite with interbedded siltstone, claystone, shale, and dolomite'
The gypsum, anhydrite and hatite are soluble in fresh water. The siltstone, claystone, and
shale varies from cemented and hard to non-cemented but firm' The dolomite is
cemented and hard. The bedding sfiructure at most places is convoluted because of flow
deformation in &e ptastic gypsgm, anfuydrite, and halite. Joints are commonly present in
the cemented beds. The gypsum, anhydrite, and halite are massive because oftheir
plasticiqv and do not contain joins. subsurface voids and related sinkholes are sometimes
present in areas underlain by the Eagle Valley Evaporite throughout western Colorado
because of the solubility of the gyPsgm, anhydrite and halite.
E'agle Valley Formation: The Eagle Valley Formation (Pe) is made up ofreddish-
brown, gray, and reddish-gray silrstone, shale, claystone, fine-grained sandstone,
(
carbonate rock, and local lenses of gypsuur. The rock varies from non-cemented but firm
tO cemented and hard. Joints are collrmon in the cemented beds. Subsurface voids and
related sinkholes are sometimes present in areas underlain by the Eagle Valley Formation
because of the solubility of the local gypsum lenses'
COLLUVIIJM
Colluvium (ec) usually covers the formation rock on the hillsides and other
upland areas. The colluvium is a poorly stratified deposit of angular rock fiagpents from
gravel to boulder size in a soil matrix. The soil matrix varies from a silty and clayey sand
. to sandy silt and clay. The rock fragments are usually supported by the soil matrix with
little fragment to fragnent contact. The soil matix typically exfuibits a collapse potential
wheu wetted. The depth of the colluvium is expected to vary from less than I foot to over
l0 feet in places.
(
H-P Georecn
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ALLWIAL FA}IS
. Alluvial fans (Qaf-l and Qaf-2) form an alluvial apron along the base of the blutr
in the eastern part of the project area. A large alluvial fan (Qaf-l) is present at the mouth
of Northeast Dry. Park Gulch. The slope of the Northeast Dry Park Gulch fan is about
B%o near the fan head and decreases to about 4Yo alongthe lower parts of the fan- Small
basin alluvial fans (Qaft) have developed at the mouths of the numerious smal drainage
basins on the bluffto the north and souttr of the Northeast Dry Park Gulch fan In their
lower parts these small basin alluvial fans coalesce to form the a contiuuous alluvial
apron. Niar the fan head the small basin alluvial fans have slopes between 30% afi 40%.
In most places the slope aloug the lower part of the allwiat apron is about 4Yo. Fan
channels are poorly defined and there are several abandoned channels on all ofthe fans.
The alluvial fans result from sediment deposition associated with debris floods
and viscous debris flows caused by unusually intense thunderstolm precipitation or
gnusually healy snowpack melt. Parts of the alluvial fans have covered all but the
y6ungest river terrace (Qt-l). This indicates that the fans at the site are geologically
young and are probably still active geomorphic features. Studies of similar fans to the
south in the Carbondale area suggest debris flow recurrence intervals between 100 and
340 years (Kirkham and Widmann, 1997).
The allwial fans consist of both matrix supported and clast supported deposits-
The matrix supported deposits consist of angular to rounded gravel, cobbles and boulders.
Boulders from I to 2 feet are corrmon in the upper parts of the fans. The soil matrix
varies from a silty and clayey sand to sandy silt and clay. Incontrast, the clast supported
deposits consist of a sandy silt with angular to rotrnded, gravel, cobbles and occasional
boulders. The exploratory borings show that the fan deposits are relatively deep in their
upper and middle parts. The fan deposits at Boring 2 were 42feetdeep, and the fan
deposits at Borings 4, 8 and 9 are over 3l feet deep. The natural relatively dry fan
deposits typically exhibit a collapse potential when wetted.
NORI}IEAST DRY PARK GT'LCH ALLIIVIUM
The channel floor ofNortheast Dry Park Gulch and its larger tributaries are
gnderlain by alluvium (Qadp-l). Older alluvium (Qadp2) is also present in places in the
Northeast Dry Park drainage. The older alluvium consists of fans and stream channel
H.P GEoTECH
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deposits. The Northeast Dry Park Gulch alluvium (Qadp-l and Qadp-2) consisr of
matrix and clast supported deposis similar to the alluvial fan deposits previously j
described. The only development proposed in this area is the golf cotrse and exploratory
borings were not located in this area
RTVER ATLWTT'M
Alluvium (aa$ deposited by the Roaring Fork River is present along the modem
river channel and as five terraces (Qt-l through Qt-5) adjacent to the channel. Atl of the
terraces except the lowest terrace (Qt-l) appear to project below the alluvial fans on the
western valley side. Terrace levels Qt-3, Qt4 and Qt-5 probably correlate with the
pinedale glacial period and the alluvium is outwash that was probably deposited benreea
12;000 to 35,000 years ago (Kirkham and Others ,1996). The loriler terraces Qt-l and Qt-
2 are younger than 12,000 years. Flood plain studies show that the Qt-l terrace and part
of the et-2 tenace are below the 10O-year flood plain of the Roaring Fork River (Hlgh
Cbnntry Engineerin g, 1997).
The Roaring Fork alluvium is predominantly a clast-supported deposit of ronnded
gravel, cobbles and boulders in a sand and silty sand matrix. Some lenses of sandy silt
and clay are locally present in the alluvium. The gravel, cobbles and boulders are a
variety of dr:rable, unweathered rock types from the upper river drainage basin- Boulders
typically vary from 1 foot to 3 feet. Practical auger refusal was encountered at relatively
shallow penetration depths in the alluvium. Auger borings could not be drilled deeper
than about Zto 7 feet in the river gravel allwium.
LOESS
. The exploratory borings show ttrat the soil profile at most boring sites have a
surface layer of loess. The loess is a wind deposited sandy clay and silt. At the.boring
sites the loess was from 1.5 to 15 feet thick. The.loess is not always Present at the surface
and it is not possible to evaluate ir ttrickness from surface observations. Because of this,
the loess is not shown on the geologic map, Fig. l. However, loess should be expected in
many areai at the surface of the fans and river terraces'
^(
H.P GEOTECH
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SINKHOLES
Sinkholes are known to be locally present in the Roaring Fork and Crystal River
valleys south of Glenwood Springs in areas underlain by the Eagle Valley Evaporite and
Eagle Valley Formation. Several large ground surface depressions that may be sinkholes
were observed in the field, on the topographic map, and on the aerial photographs, see
Fig. l. In addition, smaller circular patterns were noted on the aerial photogmphs that
may also be associated with small sinkholes. The larger possible sinkholes vary fiom 20
to 200 feet in diameter and have maximum depth of 1 to l0 feet. Mosq but not all, of the
possible sinkholes are located within 500 feet ofthe Roaring Fork River and in areias
which have been flood inigated. The sinkholes in the region appear to result from the
roof collapse of subsurface voids in the shallow formation rock or by prping and caving of
the surficial soils into voids in the fomration rock in areas where rock is relatively deeP.
ln places to the south of the project area, sinkholes have developed in the terrace deposits
where the terrace deposits are up to about 100 feet thick.
FIELD EXPLORATION
The field exploration for the project was conducted on lruly 2,3 and 8, LW|.
Twelve exploratory borings were drilled at the locations shown on Fig. 1 to evaluate
the subsurface conditions. The borings were advanced with 4 inch diameter continror
flight auger lrcwered by a tmck-mounted Iongyear BK-5lIID drill rig. Tbe borings
were logged by a representative of Hepworth-Pawlak Geotecbnical, IEc.
Samples of the zubsoils were taken wi& 17a inch and 2 inch I.D. spoon
samplers. The samplers were driven into the subsoils at various depths with blows
from a 140 pound hammer falling 30 inches. This test is similar to the standard
penetration test described by ASTM Mettrod D-1586. The penetration resistance values
are an indication of the relative density or consistency of the subsoils. Depths at which
the samples were taken and the penetration resistance values are shown on the Logs of
Exploratory Borings, Figs. 2, 3 and 4. The samples were renlured to our laboratory
for rcview by the project engineer and testing.
H-P GEoTECH
1a
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SI,JBSI'RFACE CONDITIONS
1
' Graphic logs of the subsurface conditions encountered at the site are shown on
Figs. 2, 3 and 4. Below about rh to I foot of topsoil the subsoils typically coosist of
fine-grained soils overlying relatively dense, sandy gravel, cobbles and boulders (river
alluvium) at depths between 2 to A feet. Drilling in the dense gravel with auger
eEripment was dfficult due to the cobbles and bouldeis and drilling refusal was
encountered in the deposit. The upper soils are typically low to medium plastic clay,
silt and sand that are medium to stiffand loose to medium dense.
Laboratory testing performed on samples obtained from the borings included
nahral moisture conteDt and density, gradation analyses and liquid and plastic limits.
Results of swell+onsolidation testing perforrred on relatively undisnrrbed drive samples
of ttre upper fine grained soils, presented on Figs. 6-10, generally indicate low to
moderate compressibility under conditions of light loading and wetting. The drier
sarnples typically showed a low to moderate collapse potential (settlement under
constant loaQ when wetted and moderate to high compressibility under increased
Ioading. Results of gradation analyses perforrred on small diameter drive samples
(minus 1% inch fraction) of the coarser nrbsoils are shown on Figs. 11 and 12. Hveem
stabilometer 'R' value test results performed on the upper silt and clay soils are shown
on Fig. 13 and 14. The laboratory testing is summarized in Table I
Free water was typically not eDcountered in the borings at the time of drilling.
Free water was encountered in Boring 10, located in the north end of the property, at a
depth of l0 feet. The groundwater level could be relatively shallow in the lower,
northern and eastern pars of the property near the Roaring Fork River. The subsoils in
the higher non-irrigated areas were typically slightly moist and the zubsoils in irrigated
fields were moist to very moist.
GEOLOGIC SITE ASSESSMENT
' It should be possible to develop the property much asi proposed on the Septemrber
26,1997 Sketch Plan without encountering geologic constraints. There are, however,
several conditions of a geologic nature which should be considered in project planning
,A
{
H.P GEoTECH
,/,|\
-9-
and design, as discussed below. The more severe constraints are associated with alluvial
fan flooding and the potential for sinkholes. These conditions may require some
modifications to the project layout as indicated on the September 26,1997 Sketch Plan.
ALLLMAL FAI{ FLOODING
The ephemeral channels and alluvial fans (Qaf-l and Qaf-2) in the project area are
susceptible to debris floods and viscous debris flows (hyperconcentrated flows) associated
with unusually intense thunderstorm precipitation or unusually heavy snowpack melt.
The alluvial fans in the project area appear to be geomorphically active and recurrence
periods for major flow events are probably in the range of 50 to 500 years. Because of the
potential for channel blockage, the existing fan channels should not be relied on to convey
potential hlperconcenmted flows, unless site specific hydraulic analysis strows
otherwise. The entire fan sr:rfaces should be considered in a potential flood area.
Nature of Hyperconcentrated Flows: Hyperconcentrated flows differ from waterfloods
with low sediment concentrations. It is important that alluvial fan flood bazard evaluation
and mitigation consider these differences (Juilen and O'Brien,1997). Hyperconcenmted
flowS represent a continuous tansition between water floods and earthflowtype
landslides. Water floods typically have sediment concentrations of less than 20% by
volume. Debris floods arc very fluid, comparable to water floods, and typically have
sediment concentrations between 20Yo and 45%by volume. Viscous debris florvs are
highly viscous fluid masses that tpically have sediment concentrations between 45Yo and
55%by volume. They are capable of rafting boulders near their surface and cantravel
long distances on moderate slopes. They form levees and lobate deposits on alluvial fans.
Granular debris flows typically have sediment concentations of greater than 50% by
volume. Flow momentum and energy dissipation is largely by inter-partial dispersive
stress. They attain high velocities on very steep slopes, but they also require steep slopcs
to remain in motion and most stop nearthe fanhead-
. 'The alluvial fans in the project area could experience flood hazards associated
with water floods, debris floods and viscous debris flows and all three tlpes of flows
could occur during a single flood event. There does not appear to be a potential for
granular debris flows in the project area The flood hazard hydraulic analysis should
H.P GEOTECH
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t
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account for sediment bulking and the non-Newtonian nature of the hyperconcentrated
flows.
Mitigation Concepts: The need for aod type of alluvial fan flood hazad mitigationfor
the development should be based on a site-specific analysis by a hydraulic engineer'
Straight lniform section channels are best for conveying the water and sediment
associated yith debris Jloods across the alluvial fan. Channel bed and bank stability may
be critical and channel lining or otherprotection methods may be needed. Detention
basins, deflection structures and spreading, or channel and levee conveyance systems ar€
best suited for viscous debris flow mitigation. It may be feasible to directly protect
individpal buildings by flood proofing and building wall reinforcement at sircs where
flow depth, flow velocities and impact loadings are relatively sr:oall. Direct building
protection can be Cesigned to provide a reasonable level of safety for an individual
building and its occupants, but direct building protection will not Pr€vent property
dimage resulting from erosion and ttre deposition of mud and debris.
Relatively large design Ilows should be considered on the Northeast Dry Park
Gulch alluviat fan (Qaf-l) because of its relatively large drainage basin and the steqr,
highly erodible slopes where the gulch crosses through the bluff. If a detention basin is
used for mitigation, it would have to be constructed offof the property at the fan head.
Basin storage volumes can be estimated by bulking the design water flood hydrograph at
*ri An head by a factor of tvyo. Mitigation with a deflection structure and spreading
would involve deflecting the design debris flood and debris flow to one side of the fan
and spreading the flows onto open sPace or the golf course away from occupied
structures. To be effective the deflection stntchtre would have to start offthe propefiy
near the fan head. For the Nortlreast Dry Park Gulch fan, it appeani that a straight channel
and levee conveyaoce system will prove to be the best mitigationmethod. The channel
and levee conveyance system should start at the fan head which is offof the property. A
Suight, uniform section channel would be constructed from the fan head to the river.
The main channel would be designed to permit some overbank flow- Levees or a larger
outer channel, would be constnrcted parallel to the main channel with an appropriate
setback for storage of mud and debris. All three mitigation concepts will requirc a
maintenance plan forthe removal and disposal of mud and debris.
H-P GEOTECH
.11 -
Relatively small design flows can be considered on the other alluvial fans (Qaf-2)
because of the small size of their drainage basins. As shown on the September 26,lggT
Sketch Plan, the golf course should provide a buffer zone between the upper part of these
fans and the residential development area. It is likely that site-specific hydraulic analysis
will showthat design flow depths, flowvelocities and impact loadings are relatively low
in the proposed residential area. Mitigation, if required, for the small drainage basin fans
(Qd-2) will probably be flood proofing and direct building protection.
SINKHOLES
The possible sinkholes shown on Fig. I and other sinkholes and shallow
substrrface voids that may be encountered during constmction should be avoided as
building sites, road alignments and underground utility corridors, or site-specific snrdies
should be udertaken to determine ifthe sinkholes and voids can be stabilized. Setbacks
from the possible sinkholes should be based on site-specific studies, but forpretiminary
pi*rri"g a minimusr setback of 20 feet is recommended. Roads can often be constructed
over sinkholes after stabilization but because of possible future subsidence, settlement
sensitive utility lines should still avoid the sinkhole area.
The probability ofencountering sinkhole related problems in areas away from the
possible sinkholes is considered to be low, but the developer and prospective home
omers should be aware that the development can not be considered totally sinktrole risk
free. The potential for subsurface voids should be considered when planning site-specific
foundation exploration at all building sites. If voids or other conditions indicative of
possible problems are encormtered, the site should be avoided or the feasibility of
mitigation considered. Mitigation methods that can sometimes be used to reduce
potential sinkhole related problems include: (l) void stabilization by grouting, or by
excavation and backfilling; (2) deep foundation systems; (3) structurally bridging the
potential problem area; and (4) mat fotmdations or other foundation systems capable of
witlstanding loss of srpport over large areas. Even with mitigation it may not be possible
to prevent some stnrcttral damage to buildings, but it strould be feasible to prevent
sudden buitding collapse and provide a reasonable level of safety for the building
occupants.C
H.P GEoTECH
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REGI ONAL EVAPORITE DEFORMATION
The development is in an area where regional ground deformations have been
associated with evaporite dissolution and flowage from beneaththe area It is uncertain if
this deformation is still an active geologic process or if deformation has stopped. If '
ground deformation is still occurring, it is likely the deformation rates are very slow and
occur over relatively broad areas. Although the potential for ground deformation
problems appears to be low, the project area can not be considered totally risk free. The
risk of building damage can be reduced by special foundation designs such as a heavily
reinforced mat and without a basement level.
RTVER TERRACE ESCARPMENT SETBACKS
' In a few areas residential lots are planned next to steep terrace escarpments which
lead directly down to the river. ln these areas there is a potential for instability if the
building site is located too close to the top edge of the escarpment. It is recommended
that a minimum building site setback of 2:l (horizontal to vertical) measrred from the
edge ofthe river channel be considered on these lots. Building envelopes that are closer
to the top of slope should be evaluated on a site specific basis.
CONSTRUCTION RELATED SLOPE INSTABILITY
We do not expect major problems wittr constnrction related slope instability
associated with grading for roads and building sites if grading is not considered on slopes
steeper than about 3A%. ffit is necessary to perfomr extensive grading on slopes steeper
than 30%o, the proposed grading should be evaluated by a site specific geotechnical sttrdy.
Preliminary recommendations for site grading are presented in the Sire Gradingsection of
this report.
EARTHQUAKES
The project area could experience moderately strong earthquake related ground
shaking. Modified Mercalli Intensity VI gror:nd shaking should be expected during a
reasonable service life for the development, but the probability for stronger gronnd
shaking is low. Intensity VI ground shaking is felt by most people and causes general
alarm, but results in negligible darnage to stnrctLues of good design and constnrction. All
H.P GEOTECH
-13-
occupied structures in the development should be designed to withstand moderately
strong groturd shaking with little or no damage and not to collapse under stronger gror-rnd
shaking. The region is in the Uniform Building Code, Seismic Risk Zone l. Based on
our current rmderstanding of the earthquake hazard in this part of Colorado, we see no
reason to increase the commonly accepted seismic risk zone for the area
. PRELIMINARY DESIGN RECOMMENDATIONS
The conclusions and recommendations presented below are based on the geoeral
proposed development plan, subsurface conditions etrcountered in the explorabry
borings, and our exlrerience in tbe area. The recommendations are suitable for
planning and preliminary design of the suMivision. Site specific studies should be
conducted for significant structures such as taDI6, nrnnels and walls and for individual
lot development.
FOT'NDATIONS
BeariDg conditions will vary depending on the specific location of the proposed
buildings and stnrcnrres on the property. Based on the nahrre of the proposed
constructiotr spread footings bearing on the natural zubsoils should be suitable for
typical lightty loaded residences. We expect the footings can be sized for an allowable
bearing pressure in the range of 1,000 psf to 1,500 psf for the upper fine-grained soils
and 3,000 psf to 5,m0 psf for the dense gravel alluvium. The drier soils encoumered
in non-irrigated areas typically have a collapse potential when weBed and there could be
some post constrnction settlement. The highly moist silt and clay soils in irrigated
areas could also have a settlement potential when loaded. Heavily reinforced
foundations and maintaining dry bearing soils will help limit the risk of settlement and
building distress. Wet zubgrade ilreas could require stabilization to provide a suitable
zurface for footiog support. Foundation walls should be designed to span local
anomalies aad to resist lateral earth loadings when acting as retaining stnrctrres-
Below grade areas and retaining walls shoutd be protected from wening and hydrostatic
loading by use of an underdrain system. The footings should have a minimum depth of
36 inches for frost Protection.
H.P GEOTECH
{-l
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ELOOR SLABS
Slab-on-grade constnrction should be feasible for bearing on the natural soils.
There could be some post construction slab settlement at sites with hyrocoryressive
soiIs.Toreducetheeffectsofsomedifferentialmovement,floorslabsshouldbe
separated from all bearing walls and columns with expansion joins. Floor slab control
joinS should be used to reduce damage due to shrinkage cracking. I minimum 4 inch
thick layer of freedrai"ing gravel should underlie basement level slabs to facilitate
drainage.
I.'NEERDRAIN SY.STEM
Although free water was typically not encountered in the exploraory borings, it
has been our exlrrience in the area that the groundwater level can rise next to rivers
and that local perched groundwater can develop during times of heavy precipitation or
seasonal nrnoff. An underdrain system should be provided to protect below-grade
construction, nrch as retaining walls, crawlspace and basement areas from wening and
hydrostatic pressure buildup. The drains should consist of drainpipe nnrounded above
the invert level with freedraining granular material. The drain should be placed at
each level of excavation and at least I foot below lowest adjacent finish grade and
sloped at a minimum l% to a suitable gravity outlet. The lower level of 6uildings
should be at least 2 feetabove the high groundwater level.
SITE GRADING
Tbe risk of constnrction-induced slope instability at the site appears low
provided the buildings are located in the less steep part of the properry as planned and
cut and fill depths are limited. Cut depths for &e building pads and driveway access
should trot exceed about 10 feet. Fills should be limited to about 10 feet deep and not
encroach steep terrace escarpments. StnrcUral fills should be compacted to at least
95% of the maximum.standard Proctor density near optimum moisnrre content. Prior
to fill placement, the zubgrade should be carefully prepared by removing all vegetation
anit topsoil. The fill should be benched into slopes that exceed 2O% gnde. The on-site
soils excluding oversized rock and topsoil should be suitable for use in embankment
H.P GEoTECH
n
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fills. The highly moist to wet soils will probably need to be dried before they can be
reused as stnrcnrral fiIl.
Permanent unretained cut and fill slopes should be graded at 2 horizontal to
I vertical or flatter and protected against erosion by revegetation, rock riprap or otber
means. This office should review site grading plans for ttre project prior to
construction.
SI.JRFACE DRAINAGE
The grading plan for the zubdivision sho.uld consider nrnoff from steep uphill
slopes through the project as described above mAltuvial Fan Flooding and at individual
sites. Water should not be allowed to pond which could impact slope stalility ad
foundations. Wening of hydrocompressive bearing soils could result in building
settlement and distress. To limit infiltration into the bearing soils next o buildings,
exterior bacldill should be well compacted and have a positive slope away from the
building for a distance of at least 10 feet. Roof downspouts and drains should
discharge well beyond the limits of all backfill and landscape irrigation should be
restricted.
PAVEMENT SI.'BGRADE
The nrbgrade soils encountered throughout the development area consist mainly
of slightty sandy to sandy silt aod clay which is a poor material for support of
pavements. Atr Hveem 'R' value of 52 was obtained on a silt sample and 29 was
obtained on a'silty clay sample. An Hveem 'R' value in the range of 15 to 30 appears
zuitable for pavement design. Some of the zubgrade soils in irrigated field areas are
highly moist and could reErire drying or stabilization to provide a zuiuble surface for
pavement constnrction. A detailed pavement design study should be conducted when
the road alignment, grading and traffrc load have been determined
LIMITATIONS
This surdy bas been conducted according to generally accepted geotecbnical
engineering principles and practices in this area at this time. $remake no warranty
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H-P Georrcn
i.\
-16-
either expressed or implied. The conclusions and recommendations zubmined in this
report are based upon the data obtained from the field recoruraissaDce, review of ,
published geologic reports, the exploratory borings located as shown on Fig. 1, the
proposed type of construction and our experience in the area. Our frndings include
interpolation and extrapolation of the zubsurface conditions identified at the exploratory
borings and variations in the subsurface conditions may not become evident until
excavation is performed. If conditions encountered during construction appear different
from those described in this report, we should be notified so that re+valuation of the
recommendations may be made.
This report has been prepared for the exclusive use by our client for planning
and preliminary design purposes. We are not responsible for technical interpretations
by others of our information. As ttre project evolves, we should provide continued
consultation, conduct additional evaluations and review and monitor the implemeDtation
of our recommendations. Sigfficant design changes may require additional analysis or
modifications to the recornnrendations presented herein. We recommend on-site
observation of excavations and foundation bearing strata 6ad rc5ting of stnrctural filI by
a representative of the geotechnical engineer.
Respectfully Submitted,
HEPWORTH - PA
and by:
,(".q/ 4D'4
RalphG. Mock
Engineering Geologist
SLP/ro
cc: High Country Engineering - Attn: Joe Hope
Steven L. Pa
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REFERENCES
High County Engineerin g,1997, Drainage Reportfor Rose Ranch PUD' Sketch Plan
Submittal, Garfield County, Colorado: Job No- 97042.A, July 7, 1997 '
Juilen, P.Y. and O'Brien, J.S., 1997, On the Importance of Mud and Debris Flow
Rheologt in Smtcnrat Design ig Debiis-Ftow Hazards Mitigation,Chen, C.
editor : American Society of Civil Engineers, New York, New Yorlc
Kirkham, R.M. and Others, 1996,Geologt Map of the Cattle CreekQua&angte, Ga.field
County, Colorado: Colorado Geological Survey OPen File Report 96-l-
Kirkham RM. and Widmann B. L., lgg7, Geologt Map of the Carbondale Quadrangle,
Garfietd County, Colorado: Colorado Geological Survey OpenFile Report 97-3-
Kirkham, R.M. and.Rogers, W.P., 1981, Earthquake Potential in Colorado'A
rrenmmary Evaiuation: Colorado Geological Sun'ey Buuetin 43.
MTI GEO ,1996, Preliminary Geotechnical lwestigation Rock'n Rose Ranch 0408' County Road 109, Garfield County, Colorado: Prepared for Mr. Jim Rose,
Glenwood Springs, Colorado (Job No. G96lz0,lvlay 24,1990'
Tweto, and Othe.rs ,1978, Geologt Map of the Leadvitle I" X 2o Quadrangle,
Northwestern Colorado: U.S. Geological Survey Map I-999.
H.P GEOTECH
BORING 1
ELEV. - 6010'
BORING 2
ELEV : 6013'
BORING 3 BORTNG 4
ELEV. : 5957' ELEV. : 6O1O'
2.112
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16/12
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Note Explonotion of symbols is shown on Fig. 5.
LOGS OF EXPLORATORY BORINGSHEPWORTH - PAI/T'I-AK
GEOTECHNICAL, INC.197 3?7
BORING 5
ELEV = 5966'
BORING 6
ELEV. : 5940'
142
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20/1
BORING 7 BORING 8
ELEV. : 5945' ELEV. : 5980'
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197 327
Note Explonotion of slmbols is shown on Fig. 5.
BORING 9
ELEV : 5998'
BORING-1o BORING 1I
ELEV. - 5930' ELEV. : 5942'
BORING 12
ELEV. : 5926'
12fr2
5/12
lrc=l1.4
T'Db9E
6/12
Note Explonotion of synbols is slrown on Fig. 5-
3qt2
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GEOTECHNICAL, INC.LOGS OF EXPLORATORY BORINGS197 327
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LEGEND:
TOPSOIIj orgonic cloyey silt. dry to moist, light brown to dork brown.
CLAY (CL) silty, sondy, medium stiff to stiff, slightly moist to very moist, brown, low to mediurn
plosticity, slightly porous ond colcoreous.
SILT AND CLAY (ML-CL); stightly sondy to sondy. medium stiff to stiff, slightly moist. light brown.
low plosticity.
SILT (ML); sondy, scottered grorrcl, stiff, moist. light brown.
shole frogments-
SAND AND GRAVEL (SM-GM); silty. cobbles. medium dense, slightly moist, brown.
GRA\EL COBBTES AND BOULDERS (GP-GM); slightlf sitty, sondy, dense, slightty moist to wet bdow
woter level, brown, rounded river terroce roclc
Relotively undisturbed drive somple; 2-inch l.D. Colifornio liner somple.
Drive somple; stondord penetrotion test ( SPT ), 1 3/&-inch l.D- split spoon somple, ASTU D - 1586'
Drive somple blow count indicotes thot 9 blows of o 140-pound hommer folling 30 inches uere
required to drive the Colifomio or SPT sompler 12 inches.
Disturbed bulk somple.
-= Free woter level in boring of time of drilllng.
-"-+ Coved depth when checi<ed on ,.hrly 8' 1997.
Procticol rig refusol. tYhere shown obove bottom of boring, indicotes thot multiple ottcmpts
were mode to odvonce the boring.
NOTES:
l. Exptorotory borings were drilted on July 2 3 ond 8. 1997 with o 4-inch diometer continuotrs flight
Power ouger.
2. Locotions of explorotory borings u,ere meosured opproximotely by pocing frorn feotures sfiown
on the site plon Provided by High Country Engineering.
3. Elevotions of explorotory borings were estimoted frorn the contour plon. The logs ore drovn to depth.
d The explorotory boring locotions ond elewtions should be considered occrrrote only to the degree implied
by the method used.
5. The lines between moteriols shown on the explorotory boring logs represent the opproximote boundories
betweer moteriol tlpes ond tronsitions moy be groduol.
6. Woter lerret reodings shown on the logs were mode of the time ond under the conditions indicoted
Fluctuotion in wotir levet rnoy occur wittr time- No free woter wos encountered in the borings whcn
checked on .irly & 1997.
7. Loborotory Testlng Results:
ItC: lllloter Cmtent (Z)
DD = Dry Density ( pcf )*4 : Percent retoined on No. 4 sieve.
,/12
t:
\
-2OO : Percent possing No. 2OO siew-
[I: Uquid Limit (z)
Pl - Plosticity lndex ( Z)
'R- : Hveem -R' Volue
LEGEND AND NOTESHEPWORTH - PAWLAK
GEOTECHNICAL. INC.197 327
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SWELL-CONSOUDANON TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL. INC.197 327
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Moisture Content : 6.7 Percent
Dry Density : 1OO Pcf
Somple of: Sondy Silt ond Cloy
From: Boring I of 5 Feet
Compression
uPon
wetting
4
5
5
APPUED PRESSIrRE - ksf
APPUED PRESSURE .
Moisture Content - 3.6 Percent
Dry Density : lOO Pcf
Somple of Sondy Silt ond OoY
From: Boring 2 ot 3 Feet
Compression
uPon
wetting
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Moisture Content = 3-0 Percent
Dry Density Weight : 111 Pcf
Somple of Silty Sond with Grovd
From: Boring 4 of 15 Fcet
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4
5
6
7
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APruED PRESSURE - ksf
SWELL-CONSOUDATION'IEST RESULTSHEPWORTH - PAWI-AK
GEOTECHNICAL. INC.197 327
fig- 7
Moisture Content : 7.5 Percent
Dry Density Weight : 95 qcl
ot Sondy Silty Ctoy
rom: Boring 5 of 2 Feet
SV.,ELLJCONSOUDATION TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL. INC.
N
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APPUED PRESSIrRE - ksf
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197 327
100
ture Content = 28.5 percent
Density Weight : 90 pcf
Somple of Sondy Silty Cloy
From: Boring 10 of 5 Feet
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SWELL-CONSOLIDATION TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL, INC.
Moisture Gontent = 11.4 Percent
Dry Density Weight : 95 Pcf
Somple of Sondy Silt ond OoY
rom: Boring 1l of 3 Feet
SWELL-CONSOLIDATION TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL, INC.197 327
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SAND 45 Z SILT AND CLAY
PLASNOTY INDEX Z
u.s, lSrarD to SEIGS trE R SOUiE AOOES
SAMPLE OF: Slightly Silty Sond ond Grovcl FROM: Boring 7 ot 7 ond 10 feet Combined
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GRA\EL 27 Z
UCIJID UMIT Z
SAMPLE tr: SltY GrovellY Sond
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SILT AND CIJY 23 z
PLASTIOTY INDD( Z
FROM: Boring I ot lO ond 15 Fcct Combinod
CtlYID AT
SAND 50 Z
GRADATION TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL. INC.197 327
Fig- 11
nc nE^Dracli crEla sqrlif oFE rl6i
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DIAMETER OF PARTICLES IN MILUMETERS
GRAVEL 25 Z
UQUID UMIT Z
SILT AND CLAY 39 -h
PLASTICITY INDEX
FROM: Boring 9 ot 1O ond 15 Fect Cornbined
SAND 36 %
ll
SAMPLE OF: SiltY GrovellY Sond
TEST SPECIMEN
MOTSTURE CONTENT (Z)
DENSITY (pcf)
'R- VALUE/EXUDAION PRESSURE (psi)
'R- VALUE AT 300 psi : 52
,R,
V
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90
80
70
60
50
40
50
20
10
0 1oo 2oo 300 400 500 600
EXUDAION PRESSURE (Psi)
\
SOIL TYPE: SondY OoPY Silt
SAMPLE LOCATION: Borins 2 ot 1 thru 5 Feet
GRA\EL % SAND %
UQUID UMIT 23 %
SILT AND CLAY 89
PLASTICIW INDEX 6
HVEEM STABILOMETER TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL, INC.
TEST SPECIMEN 1 2 3 +
MOTSTURE GONTENT (Z)15.1 17.O 18.9
DENSITY (p"f)113-3 109.9 101.O
'R" VALUET/EXUDAION PRESSURE (psi)36/+s6 24/216 17/1fi
80
7A
60
'R"
V
A
L
U
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'R' VALUE AT 300 psi : 29
100 200 500 400 500 600
EXUDATION PRESSURE (Psi)
50
40
30
2A
10
0 700
SILT AND CLAY
PLASTICTTY INDEX
SOIL TWE: Sondy Ooy
SAMPII LOCATION: Boring to ot 1 thru 5 Feet
GRA\EL %
UQUID UMIT 30 %
SAND %
HVEEM STABILOMETER TEST RESI,JLTSHEPWORTH - PAIVLAK
GEOTECHNICAL, INC.197 327
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HEPWORTH-PAWLAK GEOTECHNICAL, rNc.
TABLE I
SUMMARY OF LABORATOBY TEST RESULTS
JoB No. 191 327
Page 1 ol 2
50lt oR
BEOROCT TYPE
Sandy silt and clay
Sandy silt and clay
Sandy clayey silt
Sandy silty clay
Sandy clayey silt
Sandy silty clay
Silty sand with gravel
Silty sand with gravel
Sandy silty clay
Silty gravelly sand
HrrwonrH-Pawrer GrorEcHNrceL, INc-5020 Road 154
Glenwood Sp..nts, CO E16m
Faxt O94*84X1
Phone 970 9$7988,"C(
I
i
SUPPLEMEI.ITARY GEOTECHMCAL STLTDY
EVALUATION OF SINKHOI,E REIVIEDIATION
ROSE RANCII DEVELOPMENT
COT'NTY ROAD l(D
GARFIELD COLTIVTY, COLORADO
JOB NO. tyt 327
TtsBRUARY 12,199/8
i..} PREPARED FOR:
:- THE ROSE RAl.lCH LIMITED PARTNERSHIP
ROARING FORK INVESTMEI{TS, LLC, GBNERAL PARTNER
ATTN: RON IIEGGEMEIER, MANAGER
I.955 EAST MAIN STREET
PARKER, COLORAD O Wt3+737 4
.J
TflPWORTH - PAWLAK GEOTECHMCAL, INC.
February 12,1998
The Rose Ranch Limited Partnership
Roaring Fork Investnents, LLC, General Partner
Attn: Ron Heggemeigr, Manager
1955 East Main Street
Parker; Colorado 8013+737 4 Job No. ln 3n'
Subject Report Transmittal, S-upplemental Geotechnical Study, Evaluation of- Sinl*role Remediation, Rose Ranch Development, County Road l@,
Garfield CountY, Colorado.
Dear Mr. Heggemeier:
As requested, we have conducted additional subsurface exploration in the subsiderpe
arqr of the proposed development.
Seven borings and six trenches were excavated in the probable sinkhole and smaller
depression areas. Subsurface conditions encountered in the borings and trerrbes are
generally similar to those previously encountered throughout the development area.
The zubsoils encountered in Borings 14 and 17 drilled in sinkholes appeared loose,
possibty due to ground subsidence. The other borings did not appear t9 ltare
incouniered looie subsoils. Trench 2 encountered a depression about7 feet deep in the
gravel alluvium which could be due to caviqg of the soils into a void in the underlying
Eagle Valley Evaporite. The other trenches found a fairly uniform contact with the
gravel alluvium and no indication of subsurface voids.
The sinkhole areas shown on Fig. I should be avoided with buildings, buried water ad
sewer utilities and other settlement sensitive structures. There could be localized
settlement and distress in areas affected by the small depressions. Mat foundations
could be used to limit ttre potential for building settlement and distress. Other
recommendations with respect to development in the sinkhole areas are presented in the
report.
The report which follows describes the additional exploration, sumrlarizes our findlngs,
and prisents our recommendations suitable for planning and preJiminary design. We
shouh provide further consultation as the design progrcsses to'review and monitor the
implementation of the geotechnical recommendations.
If you }ave any questions regarding this report, please contact us-
Sincerely,
HEPWORT'I{ . PAWI-AK GEOTECHNICAL, INC.
Steven L. Pawlak, P.E.
Rev. by: DEII
SLP/ro
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STI'DY . .
PROPOSED CONSTRUCTION 1
FIELDHGLORATION ....... 1
SI,'BSI'RFACE CONDMONS
CONCLUSIONSANDRECOMMENDATIONS.. ......"
SINKIIOLES
SMALLER DEPRESSIONS
LTMTTATIONS. . .. .. .. . .. . 4
FIGI.'RE T - PRELIMINARY GEOLOGY MAP
FIGI,'RE 2 &3- LOGS OF DPLORATORY BORINGS
FIGT'RE 4 . LEGEND AND NOTES
FIGI.'RE 5 - TRENCH 2 AND 3 PROFILES
FIGI.'RE 6 . TRENCH 4 AND 5 PROFII.ES
FIGt'RE 7 . TRENCH 1 AND 6 PROFII-ES
TABLE I. SI'MMARY OF I-ABORATORY TEST RESI,'LTS
3
3
4
r-t{
H-P Georecx
r-\
(
PI]RPOSE AND SCOPE OF STT]DY
This report presents the results of a supplemental geotechnical snrdy for the
proposed Rose Ranch Deve-lopment, Counry Road 109, Garfield Coungy, Colorado.
The project site is shown on Fig. 1. The purpose of the snrdy was to assess the possible
cause(s) of ground subsidence and provide recommendations for possible remediation
methods in the proposed development area. The study was conducted in accordance .
with our proposal for geotechnical engineering services to The Rose Ranch Limited
Partuership, dated November 17, lgyl. We previously conducted a geotechnical shdy
for planniag and preliminary design of the Rose Rarrch Development ard presented our
findings in a report dated October 29, 1997,Iob No. ln 327.
A field exploration program consisting of exploratory borings and trenches was
conducted to obtain inforsration on the site and subsurface conditioos in ttre sinlfiole
and depression areas. Samples of the subsoils obtained during the field exploration
were tested in the iaboratory to determine their classification aod other engineering
characteristics. The rezults of ttre field exploration, laboratory testing and previous
geologic mapping wsls analyzed for possible remediation methods or options to develop
in the sinkhole and depression areas. This report summarizes the data obtained during
this study and presents our conclusions and recommendations based on the proposed
constnrction and subsurface conditions encountered.
PROPOSED CONSTRUCTION
Rose Ranch Development will be similar to ttrat described in our October l9y,
report. In general, it will be a golf course.aml residential development with about 292
living units. An infrastruchrre of roads and utilities will service the develop,ment. A
series of streams and ponds are proposed rhrougbout golf course and residential areas
locarcd between County Road 109 and the Roaring Fork River.
i FIELD EXPLORATION
Areas of apparent subsidence.were selected for zubzurface exploration.
Exploratory borings w-ere generally drilled in the sinkholes suspectd to be caused by
voids or cavities in the underlying Eagle Valley Evaporite. Trercbes were dug in
{
\
H-P G€OTECH
(,.5
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smaller depressions suspected to be caused by localized piping in the fine grained
overburden soils or smaller zubzurface cavities. Seven exploratory borinls were drilled
between December 16,1997 and January 6, 1998 at the locations shown on Fig. 1. The
trenches were dug with a rubber tired backhoe on December 23, lgg7. The boriqgs
were advanced with 4 inch and TtA inch diameter continuous flight-auger powcred by -
Mobile B-80 ard Longyear BK-5lHD drill rigs. Borings 13 and 14 were drilled with 4
inch diameter casing advarrcer. The borings and trenches were logged by a
representative of HeSworth-Pawlak Geotechnical, Inc.
sarples of the subsoils were taken with l7e inch and 2 inch I.D. spoon
samplers. The samplers were driven into the subsoils at various depths with blows
from a 140 pound hammer falling 30 irrches. This test is sirnilar to the standard
penetration test described by ASTM Method D-1586. The penetration resistarce values
are aD indication of the relative density or consistency of the subsoils. Depths at which
the drive samples were taken and the penetration resistance values are shown on the
Logs of Exploratory Borings, Figs. 2 and 3. The bottom 8 feet of Boring 13 was
advanced with a diamond bit which recovers a l7/e inch core sample. The samples
were renrned to our laboratory for review by the project engineer and testing
SI,'BSI'RTACE CONDITIONS
Graphic logs of the subsurface conditions encountered in the additional borings
are sho.rnrn on Figs. 2 and 3 and the profiles of the trenches at the site are shown on
Figs. 5 through 7. The subzurfaie conditions are generally similar to those previously
errcountered throughout the development area. Below the topsoil, the zubsoils consist of
sandy silt and"clay overlying-relatively dense, sandy gravel, cobbles and boulders (river
--:' alluvium).: At Boriogs 14 and 17, drilled in sinkholes, the subsoill appearedifoole, ,-'
possibly drie to grourd zubsidence. The other borings did not appear to have .".
.encountered loose zubsoils. The trenches were dug in areas expected to encoUnter the
. r.iver gravel al.luvium at relatively shallow depth. Trench 2 encotrntered a depression
','..about 7 feet deep in the gravel alluvium (see Fig. 5). The olher trenches found a fairly
uniform contact with the gravel alluvium. At the ground depression area of tb trench,
old fill (including saw dust and hay bate cord) and topsoil were found exterding
H.P GEoT€cH
,'n(
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between 3 to 7 feet below tlre adjacent unaffected ground surface. Below that level no
indication of subzurface voids was encountered. i
I-aboratory testing perforrred on samples obtained from the 6elings included
nahrral moisture content and density, unconfined compressive strength and'finer thao:
sand size gradation analyses..-Ihe laboratory testing rezults are surnmarized in Table I-
Free water was encountered in Borings t3, 14 and 17 betrnreen depths of 16 to
43 feet. Water was measured in Boring 16 at 4 feet depth when checked about one
month after drilling. Free water was not encountered in Borings 15, 18 and 19 nor in
the trenches.
CONbLUSIONS AND RECOMMEIVDATIONS
The findings of our previous report with respect to potential zubsidence
throughout the development area are considered applicable to the current study. The
following conclusions and recommendations tre presented for the areiu of additional
subsurface exploration.
SINKIIOLES
The sinlfiole areas shown on Fig. I (revised February' 198) sholld be avoided
with buildings, roadways, underground.utilities and other settlement sensitive
Strucntres. These are in the areas of Borings 14 though 18. Roads can often be
eonstnrcted over sinkholes after they are bacldilled but because of possible fuurre
subsidence, settlement sensitive utility lines should still avoid the sinkhole area. The
surface limits of eacli sinktrole should be field staked and survey located. [n general,
the avoidance areas of tbe sinkhole should be another 20 feet beyond the staked limit.
We should review the setback conditions as part of the preliminary subdivision plat
desrgn.
The two previously mapped sinkholes in the area of Boring 13 and Trench 5,
and possibly the mapped sinkhole north of Boring 6 appear to be the result of strrface
erosion near the top of the terace escarpment. These areas contain variable zubsoil
corditions which may still warrant avoiding these areas with buildings. The large
disturbed area at Boring 19 was reportedly graded for deep exploration drilling. otlr{
H.P GEOTECH
['
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boring did not encounter loose soils which would be expected for such a large
depression. A road culde-sac is proposed to generally overlie this depression and will
be avoided by building sites. Additional zubzurface exploration could be conducted in
this depression'for the suMivision plat design or.during constnrction.
SMALLER DEPRESSIONS
Trenches 1-4 and 6 were excavated in existing small surface depressions to
assess their depth and configuration. Trench 5 was excavated across a previously
mapped sinkhole at Boring 13. The profiIes, presented on Figs. 5, 6, and 7 indicate a
relatively uniform contact with the underlying gravel alluviurr except at Trerph 2 where
a depression about 7 feet deep was fourd. Tbe zurface depressions were gererally
found to conain topsoil and man-placed fill containing layers of saw dust up to about 2
feet thick. Some of ttre small depressions appeared opeo to water flow and others
appeared io have been sealed by backfilling with soil and sawdust. The open
depressions could be due to active subsurface erosion (piping). The risk of localized
settlement and building distress could be reduced by backfilling and sealing the
depressions against surface water infiltration. A mat foundation capable of withstading
localizrd loss of support should be considered where bearing is on the upper silt and
dlay soils and where the gravel bearing depth is erratic (zuch as at Trench 2). Spread
footings in the deeper excavations that extend into the underlying dense gravels found at
a uniforsr depth across the building area should be acceptable. Site specific shrdies
should be conducted for the building design by the individual lot owners.
. LIMITATTONS
This snrdy ha$teen conducted'"according to generally accepted geotechnical
engireering prirriples and practices in this area at this time. We make no warranty
either expressed or implied. The conclusions and recommendations nrbmitted in this
report are based upon ttre data obtained from the field reconnaissarrce, review of
published geologic reports, the exploratory borings and trenches located as shown on
Fig. l, the proposed type of construction and our experience in the area. orr findings
include interpolation and extrapolation of the subsurface conditions identified at the
Ivt
H.P GEOTECH
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exploratory borings and trenches and variations in the subsurface conditions may not
constnrction appear different from those described in this report, we should be notified
so that re-evaluation of the recommendations may be made. i ""
This report has been prepared for the exclusive use by our client for planning
and preliminary design purposes. We are not reE)olrsible for technical interpretations
by others of our information. As the project evolves, we should provide continued
consultation, conduct additional evaluations and review and monitor the implementation
of our recommendations. Significant desrgn changes may require additional analysis or
modifications to the recommendations presented herein. Vle recommerxl on-site
observation of excavations and foundation bearing strata and testing of stnrctural fill by
a representative of the geotechnical engineer.
Respectfully Submitted,
AL, INC.
Dry/?x;a-
Daniel E. Hardin, P.E.
SLP/ro
cc: High Couotry Engineering - Ann: Joe Hope
Norris Dullea Company
Eldon Van Ohlen
\
H.PGEOTECH
BORTNG 13
ELEV. = 5912.3'
BORING T4
ELEV- = 5923.1'
-BORING 15
ELEV..: 5929.5'
BORING 16
EI.Ry'. = 5942.4'
5^2
UC!27.0
DD-05
UC-20ooNn
oolL
I
CLoct
Note Explonotion of symbds is shown on fig' 4'
LOGS OF EXPLORATORY BORINGSHEPWORTTI - PAWLAK
GEOTECHNICAL, INC.
t
1
197 327
BORING 17
ELEV.: 6004.1'
2s/12
rc-2"9
DO-l07
-200-62
BORING 18
ELEV. : 6003.5'
BORING 19
ELEV. = 6036.5'
fi/12
UC-3.4
OO-lO,i
-20,0-.67
Notci €xplonotion of symbols is shown on Fig- 4.
oo
|l
I
s
CLoa
q2/slsa
:
ooL
I
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ELo()
LOGS OF EXPLORATORY BORINGSHEPWORTH - PAWLAK
GEOTECHNICAL, INC.197 3?7
TOPSOIU orgonic silt ond cloy, medium to dork brown' frozen'
S;LT AND CLAy (ML-CL): sondy, scottered grovgt, stiff to very stiff. slightly moisL light brown'
slightly colcoreous ond Porous.
cLAy (cL); silty. sondy, medi,um to stiff. moist. brown. low plosticity-
SAND AND GRA\EL (SM-GM); siltn scottered cobbles, sitt ond doy loyers. loose to medium dense'
moist to ret with dePti. brown'
GRA\EL COBBTES AND BOUI.-DERS (GM-GP); slighily silty. sondy. dense. slightly moist to wet
Ui"* iioter lerrct' brown, rounded river terroce rock'
SilLTSTONE-SANDSTONE-CLAYSTONE: Eogte Voltey Evoporite, hord to very hord. moaeroteli'L
non-cemented, mixed groy. red. ond brown'
I
h Relotiwly undisturbed drive somple; 2-inch t.D. colifornio liner somple.
I
I on* somple: stondord penetrotton test ( SPT ). 1 s/8-inch l-D- split sPoon somple, ASTM D - 1586'
I
Drite somole btow counq indicotcs thot 28 blows of o l,K)-pound hommer folling 3o inches wcrc
</12 ri*uir"O tb drive the Colifomio or SFT sompler 12 inches.
'L\/ga Depth to free woter of time of drilling ond when checked on Februory 5' 199&
I f
Procticol ris retusol
| '- Coved depth when checked on Februory 5'1998'
lmm Section odvonced with NX continuous core using woter for circulotion'
lEffi 1o/so'rndicotes core recoverv/RQD'
I norEs,
I ;.-;;;;"r"tory borings were drilred on December 16-3O, 1997 ond Jonuory 6, 1998- Sorings 13 ond 14
l used 4_inch J:';n;;t*. ilii"g" is:ig used i 1/+ tnch hoflow Ltem ouger ond 4-hch
I aio-"ter continuotrs flight ouger'
I a uocotions of explorotory borings were provided by High Country Engineering
I s. a"*tions of exprorotory borings were provided by HIgh Country Engineering.
ln. *" explorctory boring rocbtions-ond erevotions should be considered occurote only to-thq fgr-ie implied
.-'.I UV the mctlrod used-
| =- *" lines betveen moteriots shoyn oo -the explorotory boring togs represent the opproxirnote boundorics '
I
* i;i;:;;;i;;i tpes ona tronsit'rons mov 6e eroduol' ':"
I a. *o,o levd reodings shown on the logs we1^e mode of the time ond under the conditions indicotcd'
I -' n;;tr"Ii* i"i"t-"t levd moy occur wittr time'
| ,. ,oo*otory Testlng Resrts:
^AA - 6^-^^-l ^a..iaa Na ?n.l cr' wc : woter conient ( t ) :?oo : l*::1!p:^=i9-I?'-2:P-:lf r ncr Ii. BH : ffitffS;i'olr^)' uc : unconRnea'cornprlssiw StrenEth ( psr )
n
ffi
ffi
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l
tI
LEGEND AND NOTESHEPWORTH - PAWLAK
GEOTECHNICAL. INC.197 327
SURFACE OEPRESSION
c)Irfl fn
a;-=z*5tI-oJp
-=6[
amzo-
N
.z0
GI
TvoTlrtna
;
.TRENCH 2
N 4E'W
NoTE: HORIZONTAL AND VER'IICAL
SCALES ARE EQUAL.
LEGEND:
m
N
ffi
N
FILL; sondy sllt ond cldY, loose,
molst, dork brown, sow dust ond
somc troshr
TOPSOIL; sllghtly sondy sllty cloy'
orgonlcs, roots, dork
brown, frozen of gurfoce.
CUAV (CU); sllty, sondY, medlum
stlff, rirolst, brown, low plostlclty,
non-atrotlfled.
GRA\EL AND COBBLES (GP-GM):
sondy, sllty, scgttered boulders,
dcnsl. posilbly loosened
below deprcaslon lh Trench 2,
lrfiolst. btown.
DISTANCE - FEET
ro{.
(,N!
o-fflm
fig
l- tlz*6tIrJ>
-=6*
1mz
c)I
+
z(f,
(rl
Tno'rl
Ea
HIlfNff[f$$Hfrrrr $Hrrf
N 75'E
E
g
m
B
FILL; sondy sllt ond cloY,
loqsc, molst, dork brown.
sow dust ond some trosh. .
TOPSOII sllghtlY sondY
sltty cloy, orgonlcs, roots,
molst, dork brown.
CLAY (CL); sllty, sondy,
mcdlum stlff, molst. brorvn.
GRA\EL (GP-GM); sondY.
sllty, wltli cobles, relotlvelY'
dcnsc, molat, brown.
TRENCH 5
NOIB HORIZONTAL AND
VERIICAL SCALE ARE EQUAL
OISTANCE - FEET
lll|[ll|$
TRENCH 1
Ftr,
UJtr-
I
Fo-tdo to
15
EAST
-
FlrjbJL
I
-t-F(Lirf6
SURFACE DEPRESSION
LEGEND:
DISTANCE - FEET
pl ,ottolu sondy silt ond ctoy, orgonics. roots' moist' dork brown'
H "*t (c1-) silty, sondy, medium stiff' moist' reddish brown'
ffi "*n* (cp-cM} sondy. sitty, occosionot smoll boulders, retotively dense, moist, brown'
ffiffl[|[|[|$l
$$lfI|l
TRENCHl AND6PROFILESHEPWORTH - PAVII.AK
GEOTECHNICAL, INC.197 327
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-
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HEPWORTH-PAWLAK GEOTECHT{ICAL, rNc.
TABLE !
SUMMABY OF LABORATOBY TEST BESULTS
J
L
JoB No.197 327
tau?LE tocAnoil TIATURAT
MOEruBT
COTUTETT
t*t
ilAIUAAT
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OBAOATIOI{?:mailr
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IEDNOCX TY?E
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16 5 27.O 95 2000 Sandy clay
17 10 2.s 107 62 Sandy silt
18 20 3.4 104 87 Sandy silt
19 10 4.7 73 Sandy silt
EVO Coxsumxc SnRvlcus, Ixc.
-El-oox VoN OHLEN
79398. AnepaHou Ro,Surn 200
Exclrwooo, CO 80112
(303)779-r8fi)Puoxr
(3,A3Y4l-9l74Fr,;x
February 12,1998
To: Garfield County Commissioners,
Planning Commission, and Staff
Re: Geotechnical and General Engineering observations - Rose Ranch
Gentlemen:
This letter is intended to provide added clarification to certain Engineering issues pertinent to
the proposed development of the Rose Ranch.
A. WetlandVfl oodplain encroachurent
This submittal completely removes all proposed lots from identified wetlands and from the
FEN{A designated fl oodplain.
B. Geotechnical Issues
l. Soils subsidence
The Geotechnical report, prepared by Hepworth-Pawlak in October lgg?,identified certain soils,
specifically colluvium and allwial fans, which may subside when wetted. Only the altwial fans
will be developed as building sites.
A variety ofproven mitigation techniques, as outlined in the afore referenced repor! including
individual building site investigations, engineered foundation systems, installation of an
underdrain system and specific attention to surface drainage details, will be incorporated into
final engineering designs.
In addition all ponds and streams and/or ditches will have impervious linings which will nearly
eliminate seepage from these facilities and thus prwent wetting ofthe underlying soils. These
linings may be covered with cobblestones and/or gravel for aesthetic reasons andto reflect a
natural look
With the elimination of seepage from the water features and the use'of other proven mitigation
techniques the alluvial fans can be developed as building sites.
2. Cut and fill/gradinfierraces
The revised plan has
?een desiene{-tlnfo,.rtr impacts on the Robertson Ditch and the naturattenaces (escarpments) present6n flrlnanc!. *;d;"reraily are paraler to the terraces, withlimited crossings,
'o1qr p.tp.raitular to ,rr.r" ,rr*ii-features. while grading will b€ essentialto the development ofthe goif course a1d many oitt
" tot , the majority ofthe teraces and/orescarpments will remain in theirnatural state.
3. Sink lrgles.
The geotechnical report dated october '97 referenced a number of possible sink holes and alsoreferenced with x's other surface anomalies prouuury *used by suilow suu s,rface piping. Inorder to provide better definition oitt "r" id;;;;rirg and trenching program was aurhorized.The results are discussed in a ruppr.r.ffi;il#fu February .9g-, arso by Hepworth-Pawlak.
This report identifies six sinkholes- However,-many are in areas where they are not animpediment to developm*t- on" .inkhore iri;;d ; d" ffh"#ffi; of the properry,west of the river' and below the Robertson Ditch. rnis area wil remainunowetopea
There is another identified sinkholg ,., rh9 top of the river terrace north ofboring hole #6- Thereport has removed sinkhole designation ed;;;; near boring hole #13, but sti,expresses concern' AII ofthese.teas, aepena;itoi rrrl"*"ct final tiation o'ot lines, areeither outside ofthe lo'ts or
"t tt
" "*t "-e rear olthe lots.. The building envelope will be morethan 20 feet from these areas ortoo.t and no ,o*t
"tion
ofany trina is expected near them-
The sinl'hole located at boring hole #lTrrill.F
3t rhe edge ofthe fairway for golfhol e#13,outside ofany rots, in * ur"u-*hich essentia,v i, *a"r&oped.
The sinf,:hole tocated at boring hole#l4is in the rear ofa large lot The building envelope wiltf;ffi::, carefirilvto p'u:"ia' tr;;;; ii'r#, "r""*r.e aom;;;s orthe sinkhore
Finally' the anomalies located by boring holes 6 and t6 will remain in ,ndeveroped open space.
In conclusl:on' the current plan ad&esses all identified sinkholes, eliminating the placement ofutility lines, building fo,ndations, ,oJrry other constnrcoor,, or., or irg the identifiedsinkholes' Building constnrction will be q*;i;*il; ui prac"meni oiuulong enveropes,;T,IiililH,Sffi;#"'*Lv"a rimits or th;;kiirq ar i,,,.oto," *ith tr,;
. 4. Smaller depressions
stabilization ofthe smaller depressions will be incorporated into the grading prans. Houses will
-
have individually' site specific, engineered foundation designs, appropriate to the conditions ofthe particular lot. lgns, appropriate to
Sincerely,
El{on Vorr Ohlen, pE
H
IIEpwoRTH - pAwLAK GEOTECHMCAL, INC.
September 10, 1998
The Rose Ranch Limited partnership
Roaring Fork Investments, LLC, Gineral partner
+lloj Io" lleggemeier, Managei
1955 East Main Sreet
Parker, Colorado B0L3+737 4 Job No. ln 3n
subjea: RePort Transmittal, Supplemental Geotechnical Sndy, Evaluation ofcollapse potential, Rose Ranch Developm"nt, counfr"noua' tog,Garfield County, Colorado.
Dear Mr. Heggemeier:
As requested, we have conducted additioual subsurface exploration in the deeper non-irrigated debris fan areas of the proposed development for evaluation of collapsepotential' A reconnaissance of the proposed rank site to the west of co*ty Road 109was also made.
Two of the borings previously drilled in the historically non-irrigated areas weredeepened to deuse gravel alluvium. Gravelly sand and silt soils,'generallysimilar tothose previously reported, were encouotered to depths of 75 and ig i..i; Borings +and 9, respectively. Laboratory testing performed on samples taken from the boringsindicate the soils generally have moder-"L to low coltapse potential with depth.Groundwater appears to have been encountered at a depth'.,i+if*,
",
g;ri;g g.
The collapse potential of the subsoils encountered in the additional borings appearsconsistent with our previous findings for the non-irrigated areas. Mitigalon methods tolimit the effects of post-constructiou wetting ar, pr.rloted in the report. The proposedtank site should be feasible based oo g.ot..ioicai considerations.
The report which follows describes the additional exploration, sumrnarizes our findiugs,and presents our recommendations suitable for planning and preliminary design. Weshould provide further consultation as the design progrlrr., to review and monitor &eimplementation of the geotechnical recornmeudations.
If you have any questions regarding this report, prease contact us.
Sincerely,
HEPWORTH . PAWLAK GEOTECHNICAL, INC.
%,d,4n4-
Steven L. Pawlak, p.E.
Rev. by: DEH
SLP/ksm
-
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STI.IDY . . .
PROPOSED CONSTRUCTION
FIELD E}PLOMTION
SUBSI,JRFACE CONDITIONS
CONCLUSIONS AND RECOMMENDATIONS . . .
COIIAPSE POTENTIAL
WATER TANK SITE
LIMITATIONS .
FIGURE 1 - PRELIMINARY GEOLOGY MAP
FIGI.JRE 2 . LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGI.'RE 4 - SWELL.CONSOLIDATION TEST RESI.'LTS
TABLE I - SI.'MMARY OF LABORATORY TEST RESI.'LTS
1
1
3
3
4
(
H-P GEoTECH
A
Hu,won'fH-P-*vtar GeO'rfcfrxtcrl, INC. 5020 Road 15rl
Glenwood Springs. CO 81601
Fax 970 94t'<l
Phone 970 94*7988
SUPPLEME}.iTAL GEOTECIIMCAL STTJDY
EVALUATION OF COLLAPSE POTENTIAL
ROSE RANCII DE\TELOPMENT
COTJNTY ROAD 109
GARFIELD COUNTY, COLORADO
JOB NO. t97 327
SEPTEMBER 10, 1998
PREPARED FOR:
TIIE ROSE RANCH LI}trTED PARTNER.SHIP
ROARING TORK II{\TESTMENTS, LLC, GENERAL PARTNER
ATTN: RON IIEGGEMEIER, MANAGER
1955 EAST MAIN STREET
PARKER, COLORADO 8A,3+737 4
A
t
PI.IRPOSE AND SCOPE OF STUDY
This report presents the results of a supplemental geotechnical shrdy for the
proposed Rose Ranch Development, County Road 109, Garfield County, Colorado.
The project site is shown on Fig. 1. The purpose of the snrdy w2s to evaluate the
colIapsepotentiaIinthehistoricaIIynon-irrigated'debrisfanareasandprovide
recommendations for possible mitigation methods, The feasibility of the proposed
water tank site was also evaluated by a site reconnaissance. The work was couducted as
part of our on-going consultation services with The Rose Ranch Limited partnership.
We previously conducted a geotechnical study for planning ad preliminary design of
the Rose Ranch Development and presented our findings in a report dated October 29,
1997, Job No. 197 327.
The field exploration progrilm consisted of deepening previously drilled
exploratory borings into the underlying dense gravel alluvium. Sapples of the subsoils
oUtaiieO during the field exploration were tested in the laboratory to determine their
classificatiou, hydrocompressiou potential and other engineering characteristics. The
results of the field exploratiou, laboratory testing and previous findings n7g1s anatyzd
for collapse potential and mitigation methods to reduce the effects of potential post-
construction settlement. This report surnmarizes the data obuined -dgring this snrdy aod
Presents our conclusions and recommendations based on the proposed construction and
subsurface conditions encountered.
PROPOSED CONSTRUCTION
The proposed development plan is essentially the same as that described in our
October 1997 report. Since that time the area roughly between the abandoned railroad
grade and the Robertson Ditch in the southern part of the development has been
identified as previously flood irrigated, lessening the concern of the collapse potential.
The water tank is proposed to be a buried concrete strucnrre with a capacity of 300,000
gallons and located across County Road 109 from the southern part of the development.
The site is located in a draw near the base of a steep hillside as shown on Fig. l.
/4.
H.P GEoTECH
r
-2-
FIELD EXPLORATION
The upper part of the two relatively large debris fans were selected for
additiooal subsurface exploration. Borings 4 and 9, located in these areas, were
expected to have the greatest fan deposit depths. The boring locations are shown on Fig.
1. The borings were advanced with 4 inch atdTYc inch diameter continuous flig[t
auger powered by Longyear BK-SIHD and BK- 6OCID drifl rigs. The [elings were
logged by a representative of Hepworth-pawlak Geotechnical, Inc.
samples of the subsoils were taken with lole iach and 2 inch I.D. qpoon
samplers. 1as 5emplers were driven into the subsoils at various depths with blows
frour a 140 pound hammer falling 30 inches. This test is simitar to the stardard
penetration test described by ASTM Method D-1586. The penetration resistance values
are an indication of the relative densiry or consistency of the subsoils. Depths at which
the samples were taken and the penetration resistance values are shown'on the Logs of
Exploratory Borings, Fig.2. The samples were returned to our laboratory for review by
the project engineer and testing.
SI.'BST'RFACE COI{DITIONS
Graphic logs of the subsurface conditions encountered in the deepened borings
are shown on Fig. 2. Gravelly sand and silt soils generally simil2l to those previously
reported, were encountered to depths of 75 and 59 feet in Borings 4 and 9, respectively.
Relatively dense, sandy gravel, cobbles and boulders (river alluvium) was encountered
below the sand and silt to the drilled depths of 79 and 71 feet. At Boring 4, below a
depth of about 64 feet, the debris fan soils were predominsstly gravel. Groundwater
was not eucountered.in the borings at the time of drilling. When checked several days
after drilling, Boring t had caved at a depth of 45 feet and was wet which indicates
grouud water seepage. The soils below a depth of about 64 feet in Boring 4 were moist
but no free water was encouatered.
Laboratory testing performed on samples obtained from the borings included
n3tural moisture content and density, and finer than sand size gradation analyses.
Consolidation tests conducted on two relatively undisturbed samples of the deeper soils
,4,(
H-P Georecn
-3-
from Boring 4, shown on Fig. 4, indicate low to moderate collapse potential when
wettd. The results are similar to those of our previous consolidation testing. The
laboratory testing results are sununrized in Table I.
CONCLUSIONS Ar.lD RECOMMENDATIONS
COLLAPSE POTENTIAL
Collapse Potential of the subsoil encouutered in the additional borings appears
consistent with our previous findings for the non-irrigated areas of the development.
The subsurface conditions and laboratory test results indicate that the debris fan soils
generally have a moderate to low collapse potential with depth. There is a risk of
settlement and disuess to buildings, roadways and utilities founded on the relatively dry
debris fan deposits if the subsoils were to become weued. The magninrde of settlement
will depend on the depth and extent of wening and the stnrcnre loading. We expect
that ligbtly loaded residences that are supportd on spread footings and sized for a
ma:rimum bearing pressure of 1,000 psf can be used iu most areas. Precautions to
prevent wetting of the bearing soils need to be takeu. These include: l) proper
placement and compaction of baclcfill; 2) positive baclcfilt slopes next to foundations; 3)
restricted landscape irrigation and./or use of xeriscape; and 4) gutters to prevent roof
runoff near the building. A site specific geotechnical snrdy should be conducted for
foundation desrgn for the individual lot development
Relatively deep and prolouged wetting, such as from water line leaks and excess
irrigation could result in senlements of a few inches or more. Heavily reinforced
foundations that use a 'box like' wall coofiguration rather than isolated footings; a
stiffened slab (mat) foundation; and ground improvements, such as removal and
replacement of the native soils compactd are options to reduce the settlement potential
and the risk of stnrctural distress. We expect that ground modification will be limited
to the uPPer 5 to l0 feet. Typically, the native soils would be removed and replaced
cornpacted to at least 95Vo of standard Proctor density at a moisture conteut atto2Vo
above optimum.
. The ponds and strearns should be lined with a synthetic impervious membrane.
Below the liner the native soils should be compacted. Bentonite could be added to help
.
H.P GEoTECH
(
-4-
reduce the permeability of the subgrade soils in the evetrt of leakage of the prinary
pond liner. We expect that 2 feet of conditioned soil would be adequate below ponds
and streams and should also act as bedding for the synthetic membrane. The ground
improvement in roadways would roughly extend to the depth of water and sewer lines
(about 6 to 8 feet). In addition, mechanically restrained joints of water and sewer lines
should be used to reduce the risk of pipeline separation in the event of differential
settlement.
WATER TANK SITE
A reconnaissatrce of the geueral proposed tank site was made with Joe Hope of
Hig[ Country Engineering on July 6, 1998. The water tank site is showu on Fig. 1 aod
is located in moderately steep terrain near the transition from hillside colluvium (slope
wash) to debris fan deposits. An ephemeral drainage roughly cross the north side of the
tank site. Numerous boulders are exposed in the area, which appear to have mainly
fallen from the very steep slope and cliffs to the north of &e drainage channel. We
expect that the colluvial soils will be encountered at the proposed cut depth of the tank
up to about 20 feet. The soils could be hydrocompressive but of limited depth below
the tank.
Based on onr review of the site conditions, the proposed tank site should be
feasible based on geotechnical considerations. A site specific geotechnical shrdy should
be conducted at the final selected tank site for design level recommendations.
LIMITATIONS
This snrdy has beeu conducted according to generally accepted geotechnical
engineering principles and practices in this iuea at this time. We rnake no warranty
either expressed or implied. The conclusions and recommendations submitted in this
report are based upon the data obtained from the field reconnaissance, the exploratory
borings located as shown on Fig. L, the proposed type of co$truction and our
experieuce in the area. Our findings include interpolation and extrapolation of the
subsurface conditions identified at the exploratory borings and variations inthe
subsurface conditions may not become evident until excavation is performed. If
H.P GEoTECH
r conditions encountered during construction appear different from those described in this
report, we should be notified so that re-evaluation of the recornmendations may be
made.
This report has been prepared for the exclusive use by our client for planning'
and preliminary design purposes. We are not responsible for technical interpretations
by others of our information. As the pioject evolves, we should provide continued
consultation, conduct additional evaluations and review and monitor the implementation
of our recommendations. Significant design gfuangeS may require additional analysis or
modifications to the recommendations preseuted herein. We recommeud on-site
observation of excavations and fouudation bearing strata and testing of structural fill by
a representative of the geotechnical engineer.
Respectfrrlly Submitted,
HEPWORTH - PAWLAK GEOTECHMCAL, INC.
Steven L. Pawlak,
Reviewed bY:
Daniel E. Hardin, P.E.
SLP/*sm
High Country Engineering - Attu: Ioe Hope
Norris Dullea Company
Eldon Van Oblen
r
A.
H.P GEOTECH
l0
(_
I
F
20
30
'fi
50
60
70
80
i''
BORING 4
ELEV : 6040'
BORING 9
ELEV. : 5998'
23/12
Vr.-22
DD-l05
-200..28
3s/12
t2/6.30/6
WC,-J.O
0D=111
fi/12
3E/12rrc=2.J
DD-tl2
-2OG.,f2
26/12tilC=Z1
DD-1t0
-2OO-48
2s/12
WC=2.5
DD-l13
-2O0-6.6
21^2
WC=5-2
DD-t2l
-200=61tI-19
Pl=2
38/12
WC=1O-E
-2OO-.14
fi/5
Note Explonotion
10/12
sn2
25/12
lrc=2.8
+1.2s
-20G"39a/12
2+/12
lrc=,+.9
-2OA-45
WC=9-7
-200-.7a
of syrnbols is shown on Fig. 3.
ooL
I
E
CLoct
197 327 HEPWORTH - PAWLAK
GEOTECHNICAL. INC.LOGS OF EXPLORATORY BORINGS
LEGEND:
TOPSOIL; orgonic sondy silt, dork brown.
SAND AND SILT (SM-ML); grovelly, some cobbles, loose to medium dense, slightly moist to moist
with depth, mixed brown. shole frogments. Very grovelly below 64 feet in Boring 4.
GRAVEL, COBBLES AND BOULDERS (GP-GM); slightly silty, sondy. dense. moist, brown, rounded
riraer rock.
Relotively undisturbed drive somple; 2-inch l.D. Colifornio liner somple'
Drive sompte; stondord penetrotion test ( SPT ), 1 3/8-inch l.D. split spoon somple. ASTI, D - 1586.
Drive somple blow count; indicotes thot 23 blows of o 140-pound hommer folling 30 inches were
required to drive the Colifornio or SPT sompler 12 inches-
Coved depth when checked on Moy 27, 1998.
Procticol rig refusol.
t ixplorotory Boring 4 wos deepened on July 16, 1998 with o a ilch diometer solid ouger. ond Boring 9
I wos deepe-ned on-Moy 26, 1998 with o 7 1/+ inch diometer hollow stem ouger
I Z. ffr" explorotory boring locotions correspond to those shown on the previous boring locotion plon (Fi9. l)
I aotea Februory 1998.
I S- elevot;ons of explorotory borings were provided by High Country Engineering.
| +. ff,. explorotory boring locotions ond elevotions should be considered occurote only to the degree implied
I by the method used.
I ,. *" lines between moteriols shown on the explorotory boring logs represent the opproximote boundories
I Uetween moteriol tlpes ond tronsitions moy be groduol-
I e. no free woter wos encountered in the borings of the time of drilling.
I Fluctuotion in woter level moy occur with time-
I z. touorotory Testing Results:
| *c : woter Content ( z )
|
1?; 1",3,3?t'ol.*s,1,)*. 2oo sieve.
23/12
T
LEGEND AND NOTESHEPWORTH - PAWLAK
GEOTECHNICAL, INC.197 327
0
1
N2
c
.983oL
CL
Eoo+
5
6
1.00.1 10
APPUED PRESSURE - ksf
1.0 10
APPLIED PRESSURE - ksf
ro0
N
o
c
.oa
E1d
Eo
C)z
0.1
Moisture Content = 2.3 percent
Dry DensitY = 112 Pcf
Somple of Very Silty Sond
From: Boring 4 of 3O Feet
-;Compression
uPon
wetting
Moisture Content :
Dry Density :2.5 percent115 pcf
lat e ,,
From: Boring 4 of 50 Feet
'*-_CompressionuPon
wettinq
I
1
1
SWELL-CONSOLIDAIION TEST RESULTSHEPWORTH - PAWLAK
GEOTECHNICAL. INC.197 327
100
HEPWORTH-PAWLAK GEOTECHNICAL, tt'tc.
TABLE I .toB No. 198 327
SUMMARY OF LABORATORY TEST RESULTS
AAMPLC LOCATIO'{I{ATUNAT'
i/rolsruRE
coilrEI'lr
tsl
fiAruBAI
onY
OEilSlrY
lpctl
GNADArlON PERCENT
PAEgI'{O
t{o.200
' stEvE
ATTEREEBO UMITS Ul'lCOilflNEO
COMPf,ESSIVE
STBENOTH
tPsn
s()lt oR
BEOROC( TYPE
BOBIIG OEPTH
lt.tl
OAAVEL
($t
SAND
t$l
uot to
lIMIT
t%t
PtASrrc
INDEX
l*t
4 30 2.3 112 42 Very Silty Gravelly Sand
40 2.4 110 48 Gravelly Sand and Silt
50 2.5 113 66 Gravelly Sandy Silt
60 5.2 121 61 19 2 Gravelly Sandy Silt
69 10.8 44 Very Silty Sand and
Gravel
I 40 4.9 45 Silt and Sand
50 9.7 78 Sandy Silt
HEPWORTH . PAWLAK GEOTECH NICAL
Heprvorth-Pau,lak Geotechnical, Inc.
5020 County Road 154
Glerru,ood Springs, Colorado 8l 601
Phone: 970-945-7988
Fax: 970-945-8454
ema il : hpgeo@hpgettrectr. conr
PRELIMINARY GEOTECHNICAL STUDY
PROPOSED IRONBRIDGE PHASE 2
COUNTY ROAD IO9
GARFIELD COUNTY, COLORADO
JOB NO. 105 lt5-4
MAY3l,2005
PREPARED FOR:
L.B. ROSE RANCH, LLC
ATTN: DAVID JOSEPH
4IO IRONBRIDGE DRIVE
GLENWOOD SPRINGS, COLORADO 8160I
Parker 303'84l'7119 ' ColoradoSprings 71,9-633-5562 . Silverthorne 920-46g-19g9
t TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY.... .................._ I _
PROPOSED CONSTRUCTION..... -........- I -
SITE CONDITIONS .............._2 _
FIELD EXPLORATION........ ................._2 -
SUBSURFACE COI.IDITIONS.... .-......-..- 3 -
ENGINEERING ANALYSIS............... ....3 -
DESIGN RECOMMENDATIONS............... ............._ 5 _FOUNDATrONS.......... ......_ 5 -
FOUNDATION AND RETAINING WALLS................;.............................-...... ......._ 6 _
FLOOR SLABS .................- 7 _
UNDERDRAIN SYSTEM.............. ...,._ 8 _
SITE GRADING ........:......... ................- 8 _
SURFACE DRAINAGE............... ......-- 9 _
PAVEMENT SECTION ...- IO -
LIMITATIONS......... ...........;...... ..........._ 10 -
FIGURE I - LOCATION OF EXPLORATORY BORINGS
FIGURES 2 AND 3 - LOGS OF EXPLORATORY BORINGS
FIGURE 4 - LEGEND AND NOTES
FIGURES 5 THROUGH 7 - GRADATION TEST RESULTS
TABLE I- SUMMARY OF LABORATORY TEST RESULTS
PURPOSE AND SCOPE OF STUDY
This report presents the results of a prelimiriary geotechnical study for the proposed
Ironbridge Phase 2, County Road 109, Garfield County, Colorado. The project site is
shown on Figure l. The purpose of the study was to deVelop recommendations for the
foundation and grading designs and to evaluate the potential for future ground
subsidence- The study was conducted in accordance with our proposal for geotechnical
engineering services to L.B- Rose Ranch,LLC dated March 22,2005- We previously
conducted geotechnical studies for planning and preliminary design of the Rose Ranch
Development (now known as Ironbridge) and presented our findings in reports dated
October 29,1997 and September 10, 1998, Job No. 197 327 -
A field exploration prograrn consisting of exploratory borings was conducted to obtain
information on the subsurface conditions including the depth to and quality of the
underlying formation rock. Samples of the subsoils obtained during the field exploration
were tested in the laboratory to determine their classification and other engineering
characteristics. The results of the field exploration and laboratory testing were analyzed
to develop recommendations for foundation types, depths and allowable pressures for the
proposed building foundation and for the subdivision grading. This report summarizes
the data obtained during this study and presents our conclusions, design recommendations
and other geotechnical engineering considerations based on the proposed construction and
the subsurface conditions encountered.
PROPOSED CONSTRUCTION
The proposed Phase 2 development is located in the west-central part of Ironbridge and
will consist of 78lots accessed by local streets. The roads will cormect to existing Phase I
to the east and the common areas to the north. The residences will be single family
structures constructed typically 5 feet from the adjacent lot boundary- A proposed layout
of the lots and roadways is shown on Figure l. Ground floor could be slab-on-grade or
structural above crawlspace. Basements may be provided in sorne buildings. The uphill,
western side of the Phase 2 area is proposed to be down cut roughly l0 to 30 feet as part
ofthe overall development grading. An additional excavation depth and replacement of
JobNo.l05 lI54 e&Ftecn
-2-
the material compacted is proposed across the entire development area to help mitigate
the hydrocompression potential of the debris fan deposits. The downhill eastem lots
could be filled up to about 5 to 10 feet deep. After the subdivision grading, the
excavation for the individual residences will be relatively minor. We assume the
residences will be relatively lightly loaded, typical of the proposed type of construction-
Asphalt paved roads with curb and gutter are proposed to access the lots.
If building loadings, location or development plans change significantly from those
described above, we should be notified to re-evaluate the recommendations contained in
this report-
SITE CONDITIONS
The Phase 2 development is located immediately downhill, east of County Road 109 and
the recently constructed and landscaped pedestrian pattr, see Figure l. The site was vacant
and covered with sparse grass, weeds and sagebrush at the time of our Iield exploration.
The ground surface slope is gentle in the east part increasing to moderate up near the
County road at the west with about 80 feet of elevation difference across the project site-
The entire project site is covered with debris fan deposits- Bedrock of the Eagle Valley
Evaporite outcrops to the west of County Road 109 in the golf course fairway and the
steep valley side.
FIELD EXPLORATION
The field exploration for the project was conducted between March 25 and April 7, 2005.
Seven exploratory borings were drilled at the locations shown on Figure I to evaluate the
subsurface conditions. The borings were advanced with 6 inch diameter ODEX casing
through the soils and into the formation rock then continuously cored with HX size barrel
powered by a truck-mounted CME-75 drill rig. The borings were logged by a
representative of Hepworth-Pawlak Geotechnical, Inc -
Samples of the subsoils were taken with a l%rrirch I.D. spoon sampler. The sampler was
driven into the subsoils at various depths with blows from a 140 pound hamrner falling 30
JobNo. t05ll54 c&Eecn
-J-
inches. This test is similar to the standard penetration test described by ASTM Method D-
1586- The penetration resistance values are an indication of the relative density or
consistency of the subsoils and hardness of the bedrock. Sampling with a 2-inch I-D-
California barrel to obtain a relatively undisturbed sample was not possible with the
ODEX casing used by the drillers. Depths at which the sarnples were taken and the
penetration resistance values are shown on the Logs ofExploratory Borings, Figures 2
and 3. The samples were returned to our laboratory for review by the project engineer
and testing.
SUBSURFACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2.
The subsoils, below a thin topsoil root zone, consist of 8 to 49 feetof stratified silt and
sand debris fan deposits overlying 7 to 22 feet of dense river gravel alluvium- Siltstone
bedrock of the Eagle Valley Evaporite was encountered belowthe gravel alluviurn at
depths of 29 to 56 feet and extended to the drilled depths of4l to 76 feet. The bedrock
quality was typically poor to fair and included gypsum, but no significant voids or
cavities were encountered.
Laboratory testing performed on samples obtained from the borings included natural
rnoisture content,liquid and plastic limits and gradation analyses. The upper soils are
typical of debris fan soils encountered on the project and would be hydrocompressive.
Results of gradation analyses performed on small diameter drive samples (minus l%irch
fraction) ofthe debris fan soils are shown on Figures 5 th,rough 7- The laboratory testing
is summarized inTable l.
No free water was encountered in the borings at the time of drilling and the subsoils and
bedrock were relatively dry.
ENGINEERING ANALYSIS
Development of the Phase 2 project as proposed should be feasible based on geotechnical
conditions. The upper 8 to 49 feet of soils encountered in the borings consist of debris fan
Iob No 105 I l5-4 c&ecfr
-4-
deposits &at tend to collapse (settle under constant load) when wetted. The amount of
settlement will depend on the depth of the compressible soils and the wetted depth below
the foundation. The settlement potential and risk of excessive building distress can be
reduced by compaction of the soils to a certain depth below the foundation bearing level
and by heavily reinforcing tlre foundation to resist differential settlements. The
coinpaction should extend to below the roadways and utilities. It appears that Lots 225
through 249,below about elevation 5975 feet, are underlain by less than l0 feet of debris
fan soils and compaction below the building foundation should not be needed- Additional
subsurface exploration should be conducted in tlris area to confirm the depth of the debris
fan soils and that the compaction is not needed. A heavily reinforced mat foundation
designed for large differential settlements or a deep foundation that extends down to the
underlying, dense river gravel alluvium could also be used to reduce the settlement risk.
Eagle Valley Evaporite that underlies the project area is known to be associated with
sinkholes and localized ground subsidence in the Roaring Fork River vatley. A sinkhole
was identified during our previous study for the subdivision development located in the
16th Fairway just to the southeast of Phase 2, see Figure I. Indications of ground
subsidence were not observed in the Phase 2 area and voids that could indicate a risk of
firture ground subsidence were not encountered in the borings drilled for the current
project. In our opinion, the risk of future ground subsidence in the Phase 2 project area is
low and similar to other areas of the Roaring Fork River valley where there have not been
indications of ground subsidence. Lots 176 and 177 are located adjacent to the
predevelopment sinkhole and additional subsurface exploration should be conducted on
these lots to confirm they are out of the sinkhole area.
Recommendations forpreliminary design of the proposed development are presented
below. When the grading plan has been developed, we should review the information for
compliance with our recommendations.
JobNo.l05ll5-4 ceFtecrt
DESIGN RECOMMENDATIONS
FOT]NDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the
nature of the proposed construction, we recommend the buildings be founded with spread
footings bearing on at least 5 feet of compacted on-site debris fan soils. The feasibility of
footings placed on the natural soils at Lots 225 through 249,below about elevation 5975
feet should be evaluated prior to construction- If a mat foundation or deep foundation
system is considered for building support, we should be contacted for additional
recornmendations.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
l) Footings placed on at least 5 feet of compacted fill or less than 10 feet of
the natural debris fan soils should be designed for an allowable bearing
pressure of 1,000 psf. Based on experience, we expect initial settlement of
footings designed and constructed as discussed in this section will be about
I inch or less. Additional differential settlement between.about I to 2
inches could occur if the undisturbed debris fan soils are wetted.
The footings should have a minimum width of 20 inches for continuous
walls and 2 feet for isolated pads-
Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Placement of foundations at least 36 inches below exterior grade is
typically used in this area.
The foundation should be constructed in a "box-like" configuration rather
than with isolated footings. The foundation walls should be heavily
reinforced top and bottom to span local anomalies such as by assuming an
unsupported length of at least 14 feet. Foundation walls acting as retaining
structures should also be designed to resist lateral earth pressures as
discussed in the "Foundation and Retaining walls" section of this report.
2)
3)
4)
JobNo. 105 ll5-4 ceecfr
s)
{
6)
-6-
The topsoil and any loose or disturbed soils should be removed. The soils
should be subexcavated to at least 5 feet below the footing bearing level
(about 8 feet below ground surface) and replaced compacted to at least
95oh of themaximum standard Proctor density within 2 percentage points
of optimum moisture content. Where footings are placed on the natural
soils, the exposed soils in footing area should be moistened and
compacted-
A representative of the geotechnical engineer should evaluate the
compaction of the fill materials and observe all footing excavatibns prior
to concrete placement for bearing conditions-
FOUNDATION AND RETAINING WALLS
Foundation walls and retaining structures which are laterally supported and can be
expected to undergo only a slight amount of deflection should be designed for a lateral
earth pressure computed on the basis of an equivalent fluid unit weight of at least 55 pcf
for backfill consisting of the on-site fine-grained soils. Cantilevered retaining structures
raihich are separate from the buildings and can be expected to deflect sufficiently to
rnobilize the full active earth pressure condition should be designed for a lateral earth
pressure computed on the basis of an equivalent fluid unit weight of at least 45 pcf for
backfill consisting ofthe on-site fine-grained soils-
All foundation and retaining structures should be designed for appropriate hydrostatic and
surcharge pressures such as adjacent footings, traffic, construction materials and
equipment. The pressures recommended above assume drained conditions behind the
walls and a horizontal backfill surface. The buildup of water behind a wall or an upward
sloping backfill surface will increase the lateral pressure imposed on a foundation wall or
retaining shucture. An underdrain should be provided to prevent hydrostatic pressure
buitdup behind walls. Site walls with a maximum backslope of 2 horizontal to I vertical
should be designed for an active earth pressure of at least 60 pcf equivalent fluid unit
weight.
(
JobNo. 105 I l5-4 e&Btecrr
-7 -
Backfill should be placed in uniforrn lifts and cornpacted to at least 90% of the maxirnum
standard Proctor density at a moisture content near optimum- Backfill in pavement and
walkway areas should be compacted to at least 95% of the maximum standard Proctor
density. Care should be taken not to overcompact the backfill or use large equipment
near the wall, since this could cause excessive lateral pressure on the wall. Some
settlement of deep foundation wall backfill should be expected, even if the material is
placed correctly, and could result in distress to facilities constructed on the backfill.
The lateral resistance of foundation or retaining wall footings will be a combination of the
siiding resistance of the footing on the foundation materials and passive earth pressure
against the side of the footing. Resistance to sliding at the bottoms of the footings can be
calculated based on a coeffrcient of friction of 0.35. Passive pressure of compacted
backfill against the sides of the footings can be calculated using an equivalent fluid unit
weight of 300 pcf. The coeffrcient of friction and passive pressure values recommended
above assume ultimate soil strength. Suitable factors of safety should be included in the
design to limit the strain which will occur at the ultimate strength, particularly in the case
ofpassive resistance. Fill placed against the sides of the footings to resist lateral loads
should be compacted to at least 95olo of the maximum standard Proctor density at a
moisture content near optimum.
FLOOR SLABS
The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab-
on-grade construction. The soils are compressible when wetted and there could be some
post-construction settlement. To reduce the effects of some differential movement,
nonstructural floor slabs should be separated from all bearing walls and columns with
expansion joints which allow unrestrained vertical movement. Floor slab control joints
should be used to reduce damage due to shrinkage cracking. The requirements for joint
spacing and slab reinforcement should be established by the designer based on experience
and the intended slab use. A minimum 4 inch layer of free-draining gravel should be
placed beneath basement level slabs to facilitate drainage, This material should consist of
minus 2 inch aggregate with at least 50% retained on the No.4 sieve and less than 2olo
passing the No. 200 sieve-
JobNo 105 I l5-4 c&ecfr
(
t
All fill materials for support of floor slabs should be compacted to at least 95% of
maximum standard Proctor density at a moisture content near optimum- Required fill can
consist of the on-site soils devoid of vegetation, topsoil and oversized rock-
UNDERDRAIN SYSTEM
Although free water was not encountered during our exploratiorq it has been our
experience in the area that local perched groundwater can develop during times of heavy
precipitation or seasonal runoff. Frozen ground during spring runoffcan create aperched
condition. We recommend below-grade construction, such as retaining walls and
basement areas, be protected from wetting and hydrostatic pressure buildup by an
underdrain system. An underdrain should not be provided around crawlspace and slab-on-
grade areas-
The drains should consist of drainpipe placed in the bottom of the wall backfill
surrounded above the invert level with free-draining granular material. The drain should
be placed at each level of excavation and at least I foot below lowest adjacent finish
grade and sloped at a minimum lYo to a suitable gravity outlet. Free-draining granular
material used in the underdrain system should contain less than 27o passing the No. 200
sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The
drain gravel backfill should be at least lYzfeetdeep. An impervious membrane, such as a
20 rnil PVC liner, should be placed beneath the drain gravel in a trough shape and
attached to the foundation wall with mastic to prevent wetting of the bearing soils.
SITE GRADING
Extensive grading of the Phase 2 area is proposed as part of the development plan. In
addition, removal and replacement of the debris fan soils compacted is recommended to
reduce the risk of excessive differential settlements and building distress. The excavation
should extend to at least 8 feet below design surface grade and to at least 2 feet below the
water and sewer pipe invert levels- In addition, the water and sewer pipe joints should be
mechanically restrained to reduce the risk ofjoint separation in the event of excessive
JobNo. 105 ll5-4 c&Ftecrr
-9-
settlement. Excavation and compaction below footing bearing level may not be needed
below about elevation 5975 feet where the debris fan soils are less than l0 feet thick. The
structural fill materials should be compacted to at leastglYoof the maximum standard
Proctor density within 2 percentage points of optimum moisture content. Prior to fill
placement, the subgrade should be carefully prepared by removing all vegetation and
topsoil and compacting to at least 95%o of the maximum standard Proctor density at near
optimum moisture content. The fill should be benched into slopes that exceed 20%o grade.
Based on our experience with the Phase I development, shrinkage of the soils due to
compaction is expected to be about l5o/o to 20Yo.
Permanent unretained cut and fill slopes should be graded at2hoizontal to I vertical or
flatter and protected against erosion by revegetation or other means. This office should
review site grading plans for the project prior to construction.
SURFACE DRATNAGE
Precautions to prevent wetting of the bearing soils such as proper backfill construction,
positive backfill slopes, restricting landscape irrigation and use ofroof gutters need to be
taken to help limit settlement and building distress. The following drainage precautions
should be observed during construction and maintained at all times after each residence
has been completed:
Inundation ofthe foundation excavations and underslab areas should be
avoided during construction.
Exterior backfill should be adjusted to near optimum rnoisture and
compacted to at least 95%o of the maximum standard proctor density in
pavement and slab areas and to at least 90% of the maximum standard
Proctor density in landscape areas.
The ground surface surounding the exterior ofthe building should be
sloped to drain away from the foundation in all directions. The slope
should be at least 6 inches in the frst 5 feet in unpaved areas and at least 3
inches in the first 10 feet in paved areas. Drain gravel of basement walls
should be capped with at least 2 feet of the on-site soils to reduce surface
water infiltration-
l)
2\
3)
JobNo. l05ll54 eeBtecrr
_ 10_
Roof gutters should be provided with downspouts that discharge beyond
the lirnits of the foundation wall backfill.
Landscaping which requires regular heavy irrigation, such as sod, should
be located at least 5 feet from foundation walls. Consideration should be
given to use of xeriscape to reduce the potential for wetting of soils below
the building caused by irrigation.
PAVEMENT SECTION
The upper soils encountered at the site consist of low plasticity sand, silt and clay that are
considered a poor support of pavement sections- A Hveem stabilometer 'R' value of 20
was assumed forthe native soils. The traflic loadings for the Phase 2 development have
not been provided but are assumed to be relatively light for the service traffrc loading
condition, after the construction phase. Based on these conditions, a preliminary
pavement section consisting of 3 inches of asphalt on 8 inches of CDOT Class 6 base
course is recommended. We can review the pavement section design when the roadway
zubgrade has been graded and the traffic loadings have been determined.
LIMITATIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or irnplied. The conclusions and recorlmendatiorx submitted in this report are
based upon the data obtained from the exploratory borings drilled at the locations
indicated on Figure l, the proposed type of construction.and our experience in the area.
Our services do not include determining the presence, prevention or possibility of rnold or
otherbiological contaminants (MOBC) developing inthe future- If the client is
concerned about MOBC, then a professional in this special field of practice should be
consulted. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different frorn those described in this report, we
should be notified so that re-evaluation ofthe recommendations may be made.
4)
5)
Job No. 105 I l5-4 e&Btecrr
b,--/{)G*A
Daniel E. Hardin, P.E.
SLPlksw
High Country Engineering - Attn: Scott Gregory
S.K. Peightal Engineers - Attn: Jack Albright
- ll -
This report has been prepared for the exclusive use by our client for design purposes- We
are not responsible for technical interpretations by others of our information. As the
project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill on a regular basis by a representative of the
geotechnical engineer.
Respectfully Submitted,
HEPWORTH . PAWLAK GEOTECHNICAL, INC.
Steven L. Pawlak, P.
Reviewed by:
3 15222 .3
J,?f,*x.-S
IobNo.l05ll5-4 ce&ecrr
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DEVELOPME,II)
IRONBRIDGE
PHASE I
\t'-DN)XIUA|E SCAIE:f : 2OO'
105 1 15-4 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.
LOCATION OF EXPLORATORY BORINGS
IRONBRTDGE PHASE II
C)
BORING 1
ELEV.: 6026'
BORING 2
ELEV: 5984'
BORING J
ELEV: 5999'
BORING 4
ELEV.: 5999'
J642 vrc:+.eI ++za
f-zoo:ssJ PI=NPs/12
16/12
.2f./t2
tYC-28
+rl=58
-2(X)=43
nn2
wc.2.9
-2(X)=90Pl=l,lP
16/12
50/O
te/12
31/t2
YUC:52
+,+*5,0
-200=3S
t6/12
25/12
U,C-4-g
-2(xts.t8
1An2
UU-aS
+4:21
-zxF54
nfi2
15/12
15/12
IUC-7-5
-ZX)=78
ooL
I
s
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ooL
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-g
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Note: Explonotion of symbols is shown on Figure 4.
105 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.LOGS OF EXPLORATORY BORINGS
BORING 5
ELEV.= 5982'
BORING 6
ELEV-: 5973'
BORING 7
ELEV-: 5984'
12/t2flc:7-4
-2(xtsE9lL=27
Pl=3
17/12
50/6
fi/t2sC-2.l
+4=33
-2m-57
fi/s
10/O
to/o
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l{G=6.1
-2(xF85
20/12
10/12
lr-
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t
o-oo
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E
CLoo
REC:92
RQO-32
Note: Explonotion of symbols is shovrn on Figure 4.
105 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.LOGS OF EXPLORATORY BORINGS
LEGEND:
TOPSOII-; orgonic sondy silt, root zone.
l-J
n
If,I
rA
E&l
ffi
EfriJ
ffi
NOIES:
F
36/12
SILT (ML); slightly sondy to sondy, scottered grovel, stiff, slightly moist, light brown, slighgy
colcoreous.
S|ND. AND SILT (Sill-ML); strotified, scottered grovel to grovelly, medium dense, slighily moist,mixed brown.
GRAIEL, COBBLES AND BOULDERS (GM-GP); sondy, stighily sitty, dense, stighily moist, brown,rounded rock.
EAGIE VALIEY EVAPORIIE; moinly sittstone, some sondstone, g)psum, dry, mixed white ond groy.
Drive somple; stondord penetrotion test (SPT), 1 3/8 inch l.D. split spoon somple, ASTII D-15E6.
Drive somple blow count; indicotes thot 36 blows of o 140 pound hommer folling JO inches wererequired to drive the SPT sompler 12 inches.
Xoling drllled -with continuous HX core. REC : Averoge % Recovery, RQD : Rock euolity Designotion,7" for enlire depth cored.
( l]:.l"JqI boriltg: were drilled between Morch 25 ond April 7, 2o05 with 6-inch diometer ODD( cosing\- .rrough the soils then cored to the finol boring depth.
2. Locotions- of -explorotory borings were meosured opproximotely by pocing from feotures shown on the siteplon provided.
3. Eevotions of explorotory borings wgrg obtoined by interpolotion between contours shown on the site plonprovided ond checked by instrument levet-
{. The..explorotory Uorile locotions ond elevotions shoutd be considered occurote only to the degree irnpliedby the method used. -"- ----
5. The lines between moteriols shown on the explorotory boring logs represent the opproximote boundoriesbetween moteriol tlpes ond tronsitions moy be grodiol.
6- No fee woter wos encountered in the borings of the time of drilling. Fluctuotion in woter tevel moyoccur with time.
7. Loborotory Testing Results:
YIE: Woter Content ( %)*4 : Percent retoined on the No. 4 sieve
-2OO : Percent possing No. 200 sieveLL=UguidLimit(%)
Pl : Plosticity lndex ( %)
NP : Nonplostic
105 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.LEGEND AND NOTES
2a lrR- 7 Hn
45 rall 15 llll. 60t Dl. lgll0.. ,l l0a. 1 tltt t(x)
9(}
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60 ;:
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fr
io
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VD
a?
90
tm
.(x,.mS .{pg .111e .11;f, .An .tSO .3(X! .6m 1.16 L* 4,75
DIAMEIER OF PARTICLES IN MILLIMETERS
9.5125 tg-O
',5
762 r52
t27
ctAY rc st,
GRA\EL 26 %
LIQUID UMIT
SAND 19
SAMPLE OF:Sondy Silt with Grovel
% SILT AND CLAY 55 %
PLASIICITY INDEX %
FROM: Boring 1 ot 7 ond 12 Feet, Combined
%
r@
90
a (,mZaa
60 n'
F8zlr,(J
$8,fr,(L
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lIG NEXNGS U.S. S[rr,Drft) SEnEs24 rn- 7ln
a5 rat. 15 IloL aora. riri.. ,1 Lil 1 r$L
.6, -1119 .Ote -O:r, .AA -ts6 JOO .600 l.la Z$ a75
DIAMEIER OF PARNCLES IN MILLIMEIERS
cr..€lR 9u nE eoilGs
3/t 3/1' t t/7 Jr 5'G'
e5rz5 rs.o 5,-t 76-2 t52t1,
r05 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.GRADATION TEST RESULTS
CLAY IO 9lT
GRA\EL 38 %
UQt'ID UMIT
SAND r9
SAMPLE OF: Very Silty Sond ond Grovel
% SILT AND CLAY 43
PLAS]ICITY INDEX %
FROM: Boring 1 ol 22 Feet
%
o,
-
too
90
&(,mzaa
60 ;:
F$z L,
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21
45
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ltE nErDalrcs}R- 7 HRr0L t5 lrnl. onnr. rgaDl. ,3 Ll{. I utl
US STAIOARO S€RES ctETR SCI'ARf, OP€ilnlGS
9.5t25 tg.O tr.rs 76-2 ts,itt27
oo
D
a
90
t@
.(In .q!5 .tXD .Org .O:r, .g71 -r5O Jm .60r) t.l8 L* +75
DIAMEIER OF PARTICLES IN MILLIMETERS
cltY ro stl
GRA\EL 34 % SAND 27
LIQUID UMIT %
SAMPLE OF: Very Silty Sond ond Grovel
SILT AND CLAY 39 %
PLAS]ICITY INDEX
FROM:Boring 3 ot 12 Feet
%
21.(t
o
to
b(flrlZ. x,
F.L, {lE
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TL
70
ao
91,
rlr.E iEAoires U.s. SIA'DARD SES]n. 7rnlllL t5 l.'.. 60rL rslil a l5L I lmt poo trq,,60lElo
.05, .q19 -1n9 .1117 .Ott .l5O -3(t() .600 t.t8 2-!5 1.75
DIAMETER OF PARNCLES IN MILLIMEIERS
CTEAR Sqr n€ @Olilcli
3/t 3/r t t/t r 5'6'
95t25 t0.o ,,5
00
&(,
7A Z.aa
6{r ia
F*zlr,c)aeYL,IL
50
D
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762 r5a 20:tt27
105 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.GRADATION TEST RESULTS
CIAY n) AT
GRA\EL 24 %
UQ{.'ID UMIT
SAND 22
SAMPLE OF: Sondy Silt with Grovel
SLT AND CLAY 54 %
PLASNOTY INDEX
FROM: Boring 4 ot 7 Feet
%/o
t
I
2/t lR 7 HR
o r*t rilll. t5 ll|L o0r.. 19it .t Lf,il. I ilnl
otrl2
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(,zaa
(L
Fzlr,c)trtd(L
.Oct .drg -619 .OJ, -O71 JSO -:Fo .600 t.lE eJ6
DIAMETER OF PARTICLES IN MILUMETERS
9.5t25 rao 762 rsa
t27
GRA\EL 33 %
UQUID LIMIT
SAND 30 % SILT AND CLAY
PLASTICITY INDEX %
37 -/o
%
SAMPLE OF: Silty Sond with Grovel FROM: Boring 6 ot 7 Feet
105 115-4 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.GRADATION TEST RESULTS Figure 7
HEPWORTH-PAWI.AK - TECHNICAL, INC. .1,
TABLE 1 Job No, L.- -r5-4
SUMMARY OF I.ABOMTORY TEST RESULTS OW
SAMPLE LOCANON NATUML
MOISTURE
CONTENT
(o/^\
NATUML
DRY
DENSITY
tf nrf\
GMDATION PERCENT
PASSING
NO,200
SIEVE
ATTERBERG UMTTS UNCONFINED
COMPRESSIVE
STRENGTH
(psFl
SOIL OR
BEDROCK TYPEBORINGDEPTH
/ft\
GMVEL
(o/o)
SAND
f/o)
UQUID
LIMN
(o/"\
PLASTIC
INDEX
(o/"\
1
'l 6. l'Z
combined 4,6 26 19 55 NP Eanqy silt with gravel
22 2.8 38 19 43 Vpry silty sand and gravel
2 7 2.9 90 NP Slightly sandy silt
t" 88'Lhzq, 1 "
@
13,rj r.<Q AUOd '
3 L2 5.2 34 27 39 Very silty sand and gravel
22 4.9 48 Very silty sand with gravel
4 7 6.9 24 22 54 Sandy silt with gravel
22 7.5 78 Sandy silt
t 1
5 7 7.4 89 27 3 Sandy silt
6 7 2,1 33 30 37 Silty sand with gravel
7 7 6.1 85 Sandy silt
RECEIYEBJUL O$ffi
Hepworth-Pawlak Geotechnical, Inc
5020 Counry Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax:97A-945-8454
email: hpgeo@hpgeotech.com
PRELIMINARY GEOTECHNICAL STUDY
PROPOSED RECREATIONAL FACILITIES
IRONBRIDGE DEVELOPMENT
4lO IRONBRIDGE DRIVE
GARflELD COUNTY, COLORADO
JOB NO. 105 11s-3
JIJNE 30,2005
PREPARED FOR:
L.B. ROSE RANCH, LLC
ATTN: DAVID JOSEPH
4IO IRONBRIDGE DRIVE
GLEIYWOOD SPRINGS, COLORADO 8160I
HEPWORTH . PAWLAK GEOTECH NICAL
Parker 3A3.U1.7119 . Colorado Sprin gs 719-633-5562 o Silverthorne 970.468-1989
{TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY ..-- I -
PROPOSED CONSTRUCTION...,.........;......... ........- I -
SITE CONDITIONS ,.............- 2 -
FIELD EXPLORATION........ .................- 2 -
SUBSURFACE CONDITIONS.... ............3 -
ENGINEERING ANALYSIS........... ......- 3 -
DESIGN RECOMMENDATIONS............... ............- 4 -
FOUNDATIONS.......... .;................ ......- 4 -
FOUNDATION A}ID RETAINING WALLS ......................... 6.
FLOOR SLABS ................- 7 -
I.'NDERDRAIN SYSTEM.. ..,.............- 8.
SITE GRADrNG.......... .....- 8 -
SIIRFACE DRAINAGE................;............... ........- 9 -
LIMITATIONS......... ............- 9 -
FIGURE 1 - LOCATION OF DGLORATORY BORINGS
FIGIJRES 2 A}ID 3 . LOGS OF DPLORATORY BORINGS
FIGURE 4 . LEGEND AND NOTES
FIGURES 5 THROUGH 9 _ SWELL.CONSOLIDATION TEST RESULTS
TABLE I- SUMMARY OF LABORATORY TEST RESULTS
PURPOSE AND SCOPE OF STUDY
This report presents the results of a preliminary geotechnical study for the proposed
recreation facilities at the Ironbridge Development,4l0Ironbridge Drive, Garfield
county, colorado. The project site is shown on Figure l. The purpose of the study was
to develop recommendations for the foundation and grading designs and to evaluate the
potential for future ground subsidence. The study was conducted in general accordance
with our agreement for professional engineering services to L.B. Rose Ranch, LLC dated
March 14,2aa5. We pleviously conducted geotechnical studies forplanning and
preliminary design of the Rose Ranch Development (nowknown as Ironbridge), reports
dated october 29,lgg7 and September I0, lggg,Job No. rg7 3z7,and for a previousry
proposed activities center, report dated July g, 20a3,Job No. l0l 196_1.
A field exploration program consisting of exploratory borings was conducted to obtain
information on the subsurface conditions including the depth to and quality ofthe
underlying formation rock- samples of the subsoils obtained during the field exploration
were tested in the laboratory to detennine their classification and other engineering
characteristics. The results of the field exploration and laboratory testing were analyzed
to develop recommendations for foundation types; depths and allowable pressures for the
proposed building foundation and for the general grading. This report summarizes the
data obtained during this sfudy and presents our conclusions, design recommendations
and other geotechnical engineering considerations based on the proposed construction and
the subsurface conditions encountered.
PROPOSED CONSTRUCTION
The proposed recreation facilities plan was preliminary at the time of our study and will
generally consist ofrecreation and pool house buildings, a swimming pool and courts
located roughly as shown on Figure l. The buildings will generally be single story
structures' The recreation building could have a lower level. Ground floors will probably
be slab-on-grade. we assume foundation loadings will be relatively light and carried
mainly by continuous walls.
JobNo. 105 lt5-3
c&Ftecrr
-2-
When building loadings, location and grading plans have been developed for design, we
should be contacted to re-evaluate the recommendations contained in this report.
SITE CONDITIONS
The recreation site is located immediately east of the existing parking lot for the pro shop
and sales buildings as shown on Figure 1. The site was vacant and covered with spzuse
grass and weeds. There is probably old fill from the prior ranching facilities including a
bam, that have been removed since our previous study in 2003. Two old outbuildings are
still located in the northeast end of the site. The ground surface slope is gentle down to
the northeast with about I0 feet of elevation difference across the project site. The
existing Robertson Ditch follows the east side of the project site. The entire project site is
covered with debris fan deposits. Bedrock of the Eagle Valley Evaporite outcrops to the
west of county Road 109 adjacent the cart path and the steep valley side.
FIELD EXPLORATION
The field exploration for the project was conducted between March 16 and April 3,2005.
Six exploratory borings were drilled at the locations shown on Figure I to evaluate the
subsurface conditions. The borings were advanced with 8 inch diameter ODEX casing
through the soils and into the formation rock then continuously cored with FD( size barrel
powered by atruck-mounted cME-55 drill rig. The borings were logged by a
representative of Hepworth-Pawlak Geotechnical, Inc.
Samples of the subsoils were taken with l% inch and 2 inch I.D. spoon samplers. The
samplers were driven into the subsoils at various depths with blows fiom a 140 pound
hammer falling 30 inches. This test is similar to the standard penetration test described by
ASTM Method D-I586. The penetration resistance values are an indication ofthe
relative density or consistency of the subsoils and hardness of the bedrock. Depths at
which the samples were taken and the penetration resistance values are shown on the
Logs of Exploratory Borings, Figures z and3. The samples were returned to our
laboratory for review by the project engineer and testing.
JobNo.I05ll5-3 e&ftacrr
-3-
SUBSURFACE CONDITIONS
Graphic logs ofthe subsurface conditions encountered at the site are shown on Figures 2
and 3. The subsoils, below a thin topsoil or fill layer,consist of roughly stratified silt and
sand debris fan deposits overlying dense, river gravel alluvium at depths of l4%to 3l
feet. Occasional silty sand and gravel layers were encountered in the debris fan deposits.
Siltstone, claystone and gypsum bedrock of the Eagle Valley Evaporite formation were
encountered below the gravel alluviurn at depths of 35 to 57 feetand extended to the
drilled depths of 59 to 84 feet. The bedrock quality was typically poor to fair and included
considerable gypsurn and weathered zones, but no significant voids or cavities were
encountered. The subsurface profiles encountered in our previous subsoil study in2003
were similar to those encountered for the current study.
Laboratory testing performed on samples obtained from the borings included natural
moisture content and density, and finer than the No. 200 sieve (silt and clay size)
gradation analyses. Results of a swell-consolidation test performed on samples of the silt
soils, presented on Figures 5 through 9, indicate relatively low cornpressibility under light
loading and moderate to high compressibility when loaded after wetting. The upper soils
are debris fan deposits and typically show low to moderate hydrocompression potential.
The laboratory test results are summarized in Table l.
Free water was not encountered in the upper debris fan deposits and the soils were
typically slighfly moist to moist. Groundwater was encountered in the underlying river
gravel alluvium between depths of about 4l to 49 feet at the time of drilling. During our
previous study in 2003, an apparent perched water level at a depth of about 20 feet was
measured at Boring 2 located closest to the Robertson Ditch, see Figure l.
ENGINEERING ANALYSIS
Development ofthe recreation site as proposed should be feasible based on geotechnical
conditions. The soils encountered in the borings to depths of l3%to 3l feet consist of
debris fan deposits that tend to collapse (settle under constant load) when wetted. The
amount of settlement will depend on the type and depth of the compressible soils and the
JobNo.l05ll5-3 c&Ftecrr
-4-
wetted depth below the foundation. The moist condition of some of the soils will tend to
reduce the settlement potential but precautions should be taken to prevent wetting below
the buildings and courts. Spread footings and heavily reinforcing foundation walls placed
on at least 3 feet of compacted structural fill should be used to reduce the effects ofany
differential settlement. A heavily reinforced mat foundation designed for differential
settlements or a deep foundation that extends down to the underlying, dense river gravel
alluvium encountered below the debris fan deposits could also be used to reduce the
settlement risk.
Eagle Valley Evaporite that underlies the project area is known to be associated with
siirkholes and localized ground subsidence in the Roaring Fork River valley. A sinkhole
was identified during our previous study for the suMivision development located in the
l6th Fairway just to the southeast of Phase 2. A sinkhole appeared in early January,2005
within the parking lot located more than 150 feet to the west of the recreation facilities
site and a small sinkhole appeared in early May, 2005 on the western edge of the driving
range. Both of these nearby sinkholes have been repaired by compaction grouting and
there has been no indication of recurring subsidence. Indications of ground subsidence
have not been observed in the recreation facilities site and voids that could indicate a risk
of future ground subsidence were not encountered in the borings drilled for the current
project. In our opinion, the risk of future ground subsidence below the project area is low
and sirnilar to other areas of the Roaring Fork River valley that overlie the Eagle Valley
eyanorite where there have not been indications of ground subsidence
Recommendations for design of the proposed recreation facilities me presented below.
Whenpreliminary building plans have been developed, we should review the information
for compliance with our recommendations.
DESIGN RECOMMENDATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the
nature ofthe proposed construction, we recommend the recreation and pool house
JobNo.I05ll5-3 e&eecrr
-5-
buildings be founded with spread footings bearing on compacted structural fill with some
risk of settlement potential and building distress. Precautions should be taken to prevent
post-construction wetting of the bearing soils as described below in "Underdrain System.,
"Site Grading" and Surface Drainage". The recommendations are also suitable for the
swimmingpool design. If a mat foundation or deep foundation system is considered for
building support, we should be contacted for additional recommendations.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
l) Footings placed on at least 3 feet of compacted silty sand and sandy silt
soils should be designed for an allowable bearing pressure of 1,500 psf.
Based on experience, we expect initial settlement of footings designed and
constructed as discussed in this section will be less than I inch. Additional
differential settlements of about I to 2 inches could occur if the underlying
debris fan soils are wetted. Due to the increased risk of wetting under the
pool area, we recommend at least 5 feet of compacted silty sand and sandy
silt soils be placed below the pool and pool deck areas.
2) The footings should have a minimum width of 20 inches for continuous
walls and 2feet for isolated pads.
3) Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Placement of foundations at least 36 inches below exterior grade is
typically used in this area.
4) The foundation should be constructed with continuous walls rather than
with isolated footings as much as practical. The foundation walls should be
heavily reinforced top and bottom to span local anomalies such as by
assuming an unsupported length of at least 14 feet. Foundation walls
acting as retaining structures should also be designed to resist lateral earth
pressures as discussed in the nFoundation and Retaining Walls" section of
this report.
5) The topsoil, existing fill and debris fan soils should be removed to a depth
of at Ieast 3 feet below design bearing level. The exposed soils in footing
area should then be moistened and compacted. The on-site soils should be
JobNo. I05 ll5-3 e&&ecrr
-6-
replaced compacted in thin lifts to at least 98% of the standard Proctor
density within 2percentage points of optimum moisture content.
6) A representative of the geotechnical engineer should evaluate the
compaction of the fill materials and observe all footing excavations prior
to concrete placement for bearing conditions.
FOUNDATION AND RETAINING WALLS
Foundation walls and retaining structures which are laterally supported and can be
expected to undergo only a slight amount of deflection should be designed for a lateral
earth pressure computed on the basis of an equivalent fluid unit weight of at least 55 pcf
for backfill consisting of the on-site soils. Cantilevered retaining structures which are
separate from the buildings and can be expected to deflect sufficiently to mobilize the full
active earth pressure condition should be designed for a lateral earth pressure computed
on the basis of an equivalent fluid unit weight of at least 50 pcf for backfill consisting of
the on-site soils.
All foundation and retaining structures should be designed for appropriate hydrostatic and
surcharge pressures such as adjacent footings, traffrc, construction materials and
equrpment, The pressures recommended above assume drained conditions behind the
walls and a horizontal backfrll surface. The buildup of water behind a wall or an upward
sloping backfill surface will increase the lateral pressure imposed on a foundation wall or
retaining structure. An underdrain should be provided to prevent hydrostatic pressure
buildup behind walls.
Backfill should be placed in uniform lifts and compacted to at least 90% of the maximum
standard Proctor density at a moisture content near optimum. Backfill in pavement and
walkway areas should be compacted to at least 95Yo of themaximum standard Proctor
density. Care should be taken not to overcompact the back-fill or use large equipment
near the wall, since this could cause excessive lateral pressure on the wall. Some
settlernent of deep foundation wall backfill should be expected, even if the material is
placed correctly, and could result in distress to facilities constructed on the backlill.
JobNo.l05ll5-3 eeBtecrr
-7 -
The lateral resistance of foundation or retaining wall footings will be a cornbination of the
sliding resistance of the footing on the foundation materials and passive earth pressure
against the side of the footing. Resistance to sliding at the bottoms ofthe footings can be
calculated based on a coefftcient of friction of 0.35. Passive pressure of compacted
backfill against the sides of the footings can be calculated using an equivalent fluid unit
weight of 300 pcf. The coefficient of friction and passive pressure values recommended
above assume ultimate soil strength. Suitable factors of safety should be included in the
design to limit the strain which will occur at the ultirnate strength, particularly in the case
of passive resistance. Fill placed against the sides of the footings to resist lateral loads
should be compacted to at least 95% of themaximum standard Proctor delsity at a
moisfure content nem optimum.
FLOOR SLABS
The natural soils encountered below the topsoil and existing fill soils are suitable to
support lightly loaded slab-on-grade construction. The debris fan soils are typically
compressible when wetted and there could be some potential for slab settlement. To
reduce the effects of some differential movement, nonstructural floor slabs should be
separated from all bearing walls and columns with expansion joints which allow
unrestrained vertical movement. Floor slab control joints should be used to reduce
damage due to shrinkage cracking. The requirements forjoint spacing and slab
reinforcement should be established by the designer based on experience and the intended
slab use. A minimum 4 inch layer of free-draining gravel should be placed beneath
basement level slabs and below the pool slab to facilitate drainage. This material should
consist of minus 2 inch aggregate with at least 50oZ retained on the No. 4 sieve and less
than2Yopassing the No. 200 sieve. An impervious liner should underlie all drain rock to
prevent wetting on the bearing soils as described below in "Underdrain System,'-
All fill materials placed for support of floor slabs should be compacted to at least 95% of
rnaximum standard Proctor density within 2 percentage points of optimum moisture
content. Required fill can consist of the fine grained debris fan soils devoid of vegetation,
topsoil and oversized rock.
Iob No. I05 I l5-3 eeftecrr
-8-
LINDERDRAIN SYSTEM
Although free water was generally encountered below probable excavation depth, it has
been our experience in the area that local perched groundwater can develop during times
of heavy precipitation or seasonal runoff. Frozen ground during spring runoffcan create
a perched condition. We recommend below-grade construction, such as retaining walls,
basement areas and the pool, be protected from wetting and hydrostatic pressure buildup
by an underdrain systern. An underdrain should not be provided around crawlspace and
slabs constructed near to above the adjacent ground surface.
The drains should consist of drainpipe placed in the bottom of the wall backfill
surrounded above the invert level with free-draining granular material. The drai, should
be placed at each level ofexcavation and at least I foot below lowest adjacent finish
grade and sloped at a minimum lYoto a suitable gravity outlet or sump and pump. Free-
draining granular material used in the underdrain system should contain less than 2%
passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum
sae of 2 inches. The drain graver backfilr srrourd be at least r%feerdeep. An
impervious membrane, such as a 30 mil PVC liner, should be placed beneath the drain
gravel in a trough shape and attached to the foundation wall with mastic to prevent
wetting of the bearing soils.
SITE GRADING
Grading for the recreation facilities is expected to be relatively minor with cut and fill
depths up to about 8 feet. Structural embankment fills should be compacted to at least
95% ofthe maximum standard Proctor density within 2 percentagepoints of optimum
moisfure content. The fill material can consist of the on-site soils excluding vegetation,
topsoil and rock larger than about 6 inches. Prior to fill placement, the subgrade should
be carefully prepared by removing all vegetation and topsoil and compacting to at least
90Yo of the maximum standard Proctor density at near optimum moisture content. The fill
should be benched into slopes that exceed 20Yo grade. Permanent unretained cut and fill
slopes should be graded at2honzontal to I vertical or flatter and protected against
erosion by revegetation or othermeans.
JobNo. I05 lI5-3
e&eecrr
-9-
SURFACE DRAINAGE
Precautions should be taken to prevent wetting of the bearing soils such as properbackfill
construction, positive backfill slopes, restricting landscape irrigation and use of roof
gutters. Pools inherently leak due to water lines and from surface water seeping through
joints. The following drainage precautions should be observed during construction and
maintained at all times after facilities have been completed:
1) Inundation ofthe foundation excavations and underslab areas should be
avoided during construction.
2) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95Yo of lhe maximum standard Proctor density in
pavement and slab areas and to at least 90%o of themaximum standard
Proctor density in landscape areas.
3) The ground surface surrounding the exterior ofthe building should be
sloped to drain away from the foundation in all directions. The slope
should be at least 6 inches in the first 5 feet in unpaved areas and at least 3
inches in the first l0 feet in paved areas. Drain gravel and granular
backfill of basement walls should be capped with at least 2 feet of the on-
site fine-grained soils to reduce surface water infilhation.
4) Roof gutters should be provided with downspouts that discharge into a
storm drain pipe.
5) Landscaping which requires regular heavy irrigation, such as sod, and
sprinkler heads should be located at least 5 feet frorn foundation walls.
LIMITATIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area atthis time. We make no warranty either
express or implied. The conclusions and recommendations subrnitted in this report are
based upon the data obtained from the exploratory borings drilled at the locations
indicated on Figure l, the proposed type ofconstruction and our experience in the area.
Our services do not include determining flre presence, prevention or possibility of mold or
JobNo.l05ll5-3 cgBtecn
- 10-
other biological contaminants (MOBC) developing in the future. Ifthe client is
concerned about MOBC, then a professional in this special field ofpractice should be
consulted. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different from those described in this report, we
should be notified so that re-evaluation of the recommendations rnay be made.
This report has been prepared for the exclusive use by our client for design purposes. We
are not responsible for technical interpretations by others of our information. As flre
project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recomrnendations, and to
verifu that the recorlmendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill on a regular basis by a representative of the
geotechnical engineer.
Respectfully Submitted,
FMPWORTH - PAWLAK GEOTECHNICAL, INC.
Steven L. Pawlak, P.
SLP&sw
cc: High Country Engineering - Attn: Scott Gregory
Reviewed by: \M
Daniel E. Hardin, P.E.
uk.la
:.rBtyl.4
l3 1 5222a. . - r r'*l/4"x
rP.,i$
IobNo.l05ll5-3
-
ceeecrr
\\
LEGEND:
O BORING FOR CURRENT SIUDY
o BoRtNG FOR JOB NO. 105
'15_5I aonrNc FoR JoB No. ror 196-1
() DEP T To GR.A\GL AIIWTUM
I J DEPIH TO FORMATTON ROCK
o
a
ffie
DOSIING
PARKING
LOT
TYATE SCAIarr -- 6A't ' {- -li\
''b1<r7a-/
PROPOSED
PARKING
B-1rX
(25)
105 115-3 HEpwoRTH_pAWL[f
GEOTECHNICAL, INC.LOCATION OF EXPLOMTORY BORINGS
BORING 1
ELEV.=5964'BORING 2
ELEV.:596C BORING 5
ELEV.=5965'
a^2
vrctt,ig
DD-99
-200-57
Blrz
55/t2
6/rz
*C-9.7
tD-93
7/12
a/12
$rt5.5
DD-l04
-ZO0PE7
7n2
sfi2
rt2.6
DD-l07
-2@.T?
u12
rcrl2.g
DIL97
7fi2
t|/t2
rc-4.6
DD-95
f /12
{,oL
-l
6
RET79
RQD-52
RETTE
RQO-70
Note: Explonotion of symbols is shown on Figure 4.
105 115-3 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.LOGS OF EXPLORATORY BORINGS
BORING 4
ELEV.:5965'BORING 5
ELEV.=595E'BORING 6
ELEV.=596E'
1r/rz
UG.5.1
DD-EB
5lt2
1/t2
t6n2
lrc-leo
DD-ll5
-20(b55
Bottqn of borlng of & fcct
5/t2
TD-7.9
Dtb97
5/12
30/1,1O/O
2o/6,m/o
Bottom of bchg ot g,l fcct
12n2
tE/rz
IC-O4
-20(E10
E/t2
Urr,.E2
DO-&,
El12
Note: Explono$on of
syrnbols is shourn onFigure 4.
105 115-3 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.LOGS OF EXPLORATORY BORINGS
LEGEND:
FILL; on-site orovdly sond ond silt soil", possibly noturol soils with depth, loose, slighily moist,mixed browns. -
TOPSOL; orgonic sondy silt, root zone.
*:lr(::lilri[?,":E:H sondv to sondv' scottered srorret, medtum stirr to silrf, strshuy morst, ilsht
H?, TP'"3T"H-ML); strotified, scottered grovd to groveny, toose to medium dense, slghuy
SAND AND GRA\EL (SM-GM); silty. medium dense, slighuy motst brown, subonguror roct.
GRAIEI- coBBLEs AND BOULDERS (GM-GP); sondy, dightty sitty, dense, srighuy mois! brown,rounded rock.
tr1f J*i:t]n5'frflTE; moinlv siltstons cloptone ond sppum, sorne sondstone, dry to wc!
Relotivdy undisturbed drive somple; 2-inch l.D. Colifornio liner sompla
Drive somple; stondord penetrotion test (SPT), 1 3/g incfr l.D. split spoon somple, ASTM D-15E6.
3$rr*t'"riJ:.,r"itii,#ffi"#t""t i|3iir.1,h-"3 pound hommer forins 3o inchcs were
?T'it'ffita$t[:t*:rous HX core. REC = Averose z Recovery, RQD = Rock Quotity Destsnotron,
Groundwoter lerael of time of drilling.
'' mfi?tTil"Ylpi#':is"t"o,"ntlTrd';[*Juo"?lfl.oo* 3, 2oos with E-inch diometer ooD( cosrns
2' Locotions of exolorotory borings were meosured opproximotely by pocing from feotures shown on the slteplon provided.
3' Bewtions of exolorotory borings were obtoined by interporofion between contours shown on the site pronprovided.
" il"ritJomtl# o"*In locotlons ond elevotions should be considered occurote onty to the degree Lnpred
u'*i*lH"#.tJ,ffi.il::*ll5
i,l"?:?rf,l"tL""r"fj1?:H"borins ross represent the opproxrmote boundorics
t' ffi:[Ji#.T*1]t"#,ffrtJ,?i,ili1r",#loe ot the time ond under the conditions indicoted.
7. Loborotory Testing Results:
W9 = Woter Content ( Z\
l: ory_Density ( pir-)'
2O0 = Percent-pissing'No. 2OO sieve
E
E
a
w
W
FEl
ffiI
F
F
105 115-4 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.LEGEND AND NOTES
-
100
10
APPUED PRESSIrRE - ksf
10
APPUED PRESSURE - ksf
1.00.t
0
1
2
N3
E
-9oOL
!-o
Eoos
6
7
8
o
1
N2
cp
oOIOvt-o
Eoo4
5
6
t@
1.0ol
Moisture Content = 4.6 percent
Dry Density = 95 pcf
Somple of; Sondy Silt
From: Boring 1 of 15 Feet
L
- Compression\ upori
wetting
Moisture Content : 9.7 percent
Dry Density = 93 pcf
Somple ot Sondy Silt
From: Boring 2 of 1O Feet
Compression
upon
wetting
105 11 5-3 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.SWELL-CONSOUDANON TEST RESULTS
0
1
N2
c
.9a6?ov
o-
Eoo4
5
6
Moisture Content = lZ.g percent
Dry Density : 97 pcf
Somple ot Sondy Silt
From: Boring 3 of 15 Feet
Compression
uPon
wetting
\
\I
I
1.Oo.1 10
APPUED PRESST RE - ksf
105 115-6 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.SVvELL-CONSOLIDATION TEST RESULTS
N
tro
oo
E
CL
Eo,)
Moisture Content = 5.1 percent
Dry Density = EO pcf
Somple oft Sondy Silt
From: Boring 4 of 5 Feet
0
1
2
5
4
5
6
7
I
I
10
APPUED PRESSURE - ksf
1 05 11 5-3 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.S!1,ELL-CONSOUDATION TEST RESULTS
-
Moisture Content - 7.9 percent
Dry Density = 97 pcf
Somple of; Sondy Silt
From: Boring 5 of 5 Feet
F
Compression
uPofl
wetting ilil
l \
\
\
\
\
0
1
2
3
N
tr4Iooo
o-E
Eo-)
6
7
B
10
APPUED PRESSURE - ksf
l.o0.1
105 11 5-3 HEPWORTH_PAWLAK
GEOTECHNICAL, INC.SYvELL-CONSOLIDATION TEST RESULTS
0
1
2
5
4
5
5
7
I
I
1o
11
12
13
14
15
\
-9outo
oc
o()
l.o 10
APPUED PRESSURE - ksf
o1
Moisture Content = 8.2 percent
Dry Density = 85 pcf
Somple of: Sondy $lt
From: Boring 6 of 15 Feet
Compression
upon
wetting
_.1
\
.t
I
1 \
\
105 11 5-3 HEPWORTH-PAWLAK
GEOTECHNICAL, INC.SWELL-CONSOUDATION TEST RESULTS
a
HEPWORTH-PAWLAK JTECHNICAL, INC.
TABLE 1
SUMMARY OF LABORATORY TEST RESULTS
Job No. 105 11S-g
ft'rA?t^r
NATURAL
MOISTURE
CONTENT
lo/"1
NATURAL
DRY
DENSIW
(ocfl
GRAD ATION
BORING
NO.
PERCENT
PASSING
NO.200
SIEVE
ATTERBERG LiMITS UNCONFINED
COiIPRESSIVE
STRENGTH
{PSFI
sotL
TYPE
DEPTH
tftr
GRAVEL
t%t
SANO
$t
LIQUID
LIMIT
lo/.1
Pl-ASTtC
INDEX
ao/^l
I 5 t4.9 99 57 Sandy silt with gravel fill
15 4.6 95 Sandy silt
2 10 9.7 93 Sandy silt
20 15.3 10.$87 Sandy silt
3 10 12.6 107 77 Sandy silt
15 12.9 97 Sandy silt
4 J 5.1 86 Sandy silt
20 12.6 1ls 53 Very sandy silt
5 5 7.9 97
Sandy silt
6 10 0.4 19 Silty sand aud gravel
15 8.2 83 Sandy silt
REPORT ON
IIIETI.ANDS DELINEA'TION
ENDANGMED SPECIF,S
CI]LTT'RAL RESOI'R,@S
for
IEE ROSE RAT{CE
:
I
h,epored for:
Roaring Fork Invcstmeils, L.L.C.
%Eeeemeier & $one P.C.
1!D555 E. Main$reet, Sutte200hrkr, Colorado E0136
Prcparcd by:
Pnofesstonal Wctlsn& Consutttngb Inc.
20 RimRmd
Bouldcr, CO E03CIl
Nlty 30,1!l!17
Professional Wetlands Consulti nB*-Jls-'
May 30, 1997
RonHegge,meier
Roaring Fork Investments' LLC
f9555 East lvlain Street
Parkcr, Colorado 80134
RE: WetlandsandEndmgeredSpecieslnvestigationattheRoseRarchin GarfieldCo*ty, Colorado
Dear Mr.Ileggemeiec
This lettcr summadzes the results of awetland delineation, endangered species investigation' md
archeological review conducted for the Rose Ranch in Garfield County, Colorado. Field wo*.was
completed onApril 15, 16 and 17, 1997by Professional Wetlands Constrlting, Lrc.
'iYettand Dellneation Methods Jurisdigtional walands were field delineatd and marked with
sunrey flagging according to the Corps of Engineers Walands Delineation Manual (U.S. Arfiy
Corps of Engincers, 1987). Hydroph;rtio vegetation, hyddc soils, and $,etland hydrolory indicators
wereusedtodifferentiarebeturcenwetlaodandnon-wetlmd" Thewetlandsbormdarywassurvcyed
by High Coutry Enginecrs, Inc. and a wetlands rnap was produced. The wptlands delincation was
Iield verified by Sue Nall with the U.S. Army Corps of Engineers (Corps) on April ll' 1997-
Wetlands mappingwiilbe sentto tb Corps witharequestforunittenverificatiolrofthc delineation
Tt etlands Descriptlon Approxim atrlly 20 ac,res ofhigh quality riparian wetlands occur along lhe
nouring Fork Rfirer, and O.S-acres ofwctlands are assqciated with the pond near the ranch cntry stld
ttre narrow eroded draiuagc e,bancl tbat eritcri the prcpcfty from the west The paroel oflryd on the
east side ofthe Roaring ForkRiver consists ofvery high quality uetlands and a grmtblue hcron
rookery; thcse u,Ettands should not be disturbed" It is recommended that this land be prescrvcd
Brven its highquality habitatforbirds and wildlife, andits floodplainlocation
DominantwctlandsvegetationattheRoseRanchinsludeswillows(.SalirqppJ,rushes (Jtrtctts sp.),
sedges (Cqw W), thinlcaf atdcr (Alrus teruifolia),narrowleafcotto,nuood (Poptiltts orrtgltstlfolta}-
tuftcd batryass (Desclwrysia cespitosa),bluc-joint recd grass (Calamagrostts coudewts), ard
dtop (Agrostts alba). Functions and values ofwetlands at tbc Rosc Ranch inslude witdEfc habitat,
flood storqge, nutieut rctcDtioo, scdimmt tAppins water purification, food chain suPport
grogndwatcrrecharge, groundwatcrdischarge, fshbabitat, shoreline anclroring andrecneation
Endangered Specles Tho U.S. Fish and Mldlife Service aod the Colorado Division of Wildlifc
werc contacEd conc€rning endangered spccies tlut Day occur d the site, and no lcnown endangercd
species rwods were found for the Rose Rsoch" Irrry Green with the Colorado Division of Wildlifc
statcA ttateagle" utilia the RoringForkRivercorridorthroughoutthelalley, butno knoum critioal
habitdornestingsitesoccruatthcRoseRech. Mr.Greenstatedthatprotcctionofthbluehcson
rookery on the east side of the river should be a high priority, and that a buffer zone should be
provided for thc rookerSr us:.8 physical distance and/or visuat barriqs.
2O Rim Road o !oulder, CO j...9 3 o 2
3031444-17tS . FAx 3031443-6141
t
t
The Roaring Fork River will provide a nattral buffer zone between site development and the
rookery, which is acK)ss the river from developrnent activities. It was also suggested that open space
be provided for elk movement corridors across the ranch in an east-west and north-south direction-
Corridor routes could include utility line easements, the Roaring Fork River, and parks.
Cultural Resources A letter was sent to &e Cotorado State Historical Society requesting a review
ofthe Colorado Inventory of Cultural Rcsources for the Rose Ranch project areo, and no sites u,hich
arc cligiblc to be listed in the National Register ofHistoric Placcs urere identified.
Section 404 \iletlands Regulations Impacts to jurisdictional wetlands and waters of the Unitd
States at the Rose Ranch should be avoidcd 6ad minimi-ed to the maximum artent practical
rmpacts to walands and waters frcm filling, dcwatering and permanent inrmdation are rcgulated
under Section 404 of the CleanWatcrAct aad these activities require apermit fromthe Corps
All wetlands along thc Roaring Fork River at the Rose Raach are regutated as nonheaduraters ad
adjacent wetlands, zuch that an individual Section aQa pcrmitwill be requfued to impactuetlands
from most consrrucdon activitiis othcrthairniinorroad crossings, stneambaok stabilization, habftat
improve,mentq and utility lines. Ao indivi&nl Section 4M p€rmit application requires detailcd
alternatives analysis outlining how impacts to wctlands were avoidcd and minimized to the
ma:rimum ortent practicablq is subject to public commcn! and must include a comprehsnsivc
wetland mitigation and monitoring plaru The individual Section 404 pcrmitting process is time
coosuming expensive and is not recommended-
Impacts to uretlaods associarcd with the pond nearthe rarch entry and to ne narrrow eroded &aimge
could be authorized under Sestion 404 Nationwidc permit #26 whioh allows up to 1/3 acrc of
wetlands impast without format notification to the Corps (see attached). Utitity line crossings
thmugh wetlands are prearthorizcd under Sectioa {04 Nationwide permit #12 plovided that the
disflrrted areas arc rctrrncd to preconstruction Sades aodtbe &ms aod conditions ofthe permit arc
complied with- Serrcre riverbmlc crosion was not identificd at the Rose Raocb, although mitigation
opportunitics to crcatc newwstlands existinmany locations alongthe Roadng ForkRiver.
In sunmary, ao significant issues were identified at the Rose Ranch concerning wetlads,
odangered qrccies, or cultuml rGsounses. The proposcd pfiojcct can be consEuoted in compliance
with srrrreirt Section 404 wetlands as project plans arc protectivt ofwetland and wildlift
resourew, Please contact mc ifyou barre any questio.ns or if you need additional inforgration
4
Devid$fsirunann
attcchmenb
Professional Wetlands Co
November 25,1997
Ron Heggemeier
Roaring Fork Investments, LLC
19555 East Main Street
Parker, Colorado 80134
RE: Rose Ranch pUD and Sketch plan Comments
Dear Mr. Heggemeier:
Please contact me with any questions or if you would like additional information.
:!
attachments
2 0 R i m Road Bould€r,CO
r)
I.?'-yti"g in response to wetlands related comments for the Rose Ranch outlined in the booklettitled Rose Ranch Sketch PlanlPtrD comments and Deficiencies. Review of the sections relevantto wetlands indicates four specific concems that need to be addressed: l) the existence ofwetlandswithin the limits residential lots, 2) the request that a field inspection of the property be made by theU'S' Army Colps ofEngineers' 3) that wetlands buffer zones be established, 4) use of additional BestManagement Practipes that were recommended to proteciwetlands and water quality.
In response to the concem that residential lots contain wetlands, it can be stated that wetlandswithin lots are outside of designated building zones *a *il not be impacted by cons[uctionactivities' It is acceptable to have wetlands tcluded ^ n* of residential lots provided thatthe wetlands are protected; a wetlands covehant similar to the attached exa,ple and BestManagement Practices can be used to protect wetlands within the limits ofresidential lots.
conceming the request the project be reviewed by the u.s. Army corps of Engineers(corps), the Rose Ranch projeit iite and the wetlands delineation were field reviewed by thecorps as documented in theattached letter of verification.
A wetlands buffer zone wouldbe beneficial in protecting wetlands and is supported wittr arecorunended setback distance oTzs feet or more betqreen weflands and ground disnnbance.
The use of additional nest |r.anasTent.PracticL to protect wetlands and water qualityshould be included as part of the p-j".t prans -a i",,ipport"a.
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David Steinmann
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3031444-r715 .FAx 303/443-6141
80302