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HomeMy WebLinkAbout1.0 ApplicationIPPON . OD .9 V ' a -)A1._ 00VL'0073 31V/9/V3 Li I339 S 71-7 it7/-1,9 :612c:10 -a oed N 7iiiistioi361**541PAPPWOWWW*001~010010,4*40.400.01409433 tp4:744.;:t,r,O. 14-T.44-04*4i,34,At.,,,,,NPikovr."144W0Rimokfkife444veviimkTOFWW$1.01E**3*.WRONWWW.4.04-4.44.414%-AMMONNIPMIMINIIVIIIIMMIOn IILM.nram • V;L:N N..; .J i..UJ\ i;.�(_7C e. �._i ♦.lU i.: J.i_l.+i+, ,FOURTW _ _. ANG, G:IELD COUNTY, COLWAL)O CHARLES J. BECKER, as the fee owner of Asgard Subdivision, Third Filing, desiring to insure the development and continuity thereof as a rural residential area, hereby delcares to and for the benefit of all persons who may hereafter purchase and from time to time own lots in Asgard Subdivision, Third Filing, that the owner- ship or holding of said lots shall be subject -to the following pro- tective covenants and conditions, all of which shall be deemed to be appurtenant to and run with the land. 1. SCOP. The covenants, conditions and restrictions herein contained shall apply to the whole of Asgard Subdivision, Third Filing, as -the same appears on plat recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as Document N o . 2. LAND USE. The property is intended to be developed for single f m -i ly residential and agricultural purposes only. No more than one detached single family dwelling shall be placed upon any one building site, excepting such appropriate accessory buildings as a guest house, private garage, barn and utility building. Ac- cessory buildings shall blend with and compliment the general archi- tectural scheme and design of the family dwelling. No building or structure intended for or adapted to business, commercial or manu- facturing purposes, nor any multiple family dwelling shall be erected, placed, maintained or permitted upon such property. 3. RE -SUBDIVISION. .No lot shall ever be resubdivided into smaller lots or tracts, nor be conveyed or encumbered in any size:.less than the full original dimension. 4. SET -BACK RESTRICTION. The principal building placed on each lot shall be located no nearer than 25 feet to any lot line. 5. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or any other out -buildings of any description shall be used on any lot as a residence, except on a temporary basis, not exceeding 12 ronths while construction of the dwelling is in process All construction shall be completed within 12 months from date of commencement of construction. 6. NO COMMERCIAL USE. There shall not be permitted or maintained upon any lot or any part thereof any trade, business or industry except that owners may rent or lease for residential pur- poses when not required for the owners' use. 7. STRUCTURES. No structure shall be placed upon any lot which is, or ever has been, or could be made the subject of a specific ownership tax as now defined in Chapter 13 of the Colorado Revised Statutes, 1963. 8. MrNI�"'tHOUSE SIZE. The minima living area size of any house, shall noble less than 800 square Apt measured on the outside walls, exclusive of open porches, garages, or car -ports. 9. SEWAGE DISPOSAL. Each residence shall contain one fully equipped bathroom and all sewage shall be disposed'.of by means of a septic tank and leaching field of such types and specifications as shall be approved by the Colorado State Department of Health. 10. ANIMALS. The keeping of animals shall be allowed provided that said animals are well kept and provided for and do not become a health hazard or nuisance to the neighborhood and are fenced and do not run at large. 11. OFFENSIVE CONDUCT. No noxious or offensive conduct or activities shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance. to the neighborhbod:__:.All lots shall be kept clean and free of rub- bish and trash and the structures thereon shall be kept in good repair. Parking of old automobiles other than those in running condition and currently licensed shall be prohibited. 12. VARIANCES. The Board of Adjustment may grant a reason- able variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the covenants and restrictions contained herein. Such variances or adjustments shall be granted in case the granting thereof shall not be materially detrimental or injurous to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these protective covenants. (a) The Board of Adjustment shall consist of Charles J. Becker, Patricia J. Becker and , or three other mermibers appointed by they[!, which members shall be owners of lots in Asgard Subdivision, Third Filing. (b) Applications for variances shall be in writing, spelling out in detail the variance requested. Action of the Board of Adjustment shall be made within._ 30 days and their decision shall be final and conclusive. Failure to act with- in said 30 day period shall be deemed a denial of the variance request. 13. PERIOD OF COVENANTS. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 1993. Thereafter said covenants shall automatically be extended for successive periods of five years shall unless the majority of th'e then owners of the lots in the subdivision vote to change the same in whole or in part. All such changes shall be evidenced by a written document setting forth such changes, shall be signed by a majority of such lot owners and shall be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. 14 . VIOLATIONS. If any lot owner or persons acting by, through or under AFT): violate or attempt & violate any of the covenants herein s to Led, it shall be lawful f O other persons owning lots in said subdivision to prosecute any suit in law or in equity to restrain and enjoin the violation of such covenants and to recover damages for such .violation and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. 15. INVALIDATION. The invalidation of any one of these covenants by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. Dates this day of •, 1973. CHARLES J. BECKER COLORADO 81601 / 303-945-8596 0 GLENWOOD C) X 0 m 6 AVENUE / UJ J m M N CO • • Asgard Subdivision Filing #4 Utility Plan January 30, 1980 PROPOSED WATER SUPPLY AND DISTRIBUTION SYSTEM General It is proposed that the existing Asgard Water Association water system be expanded to serve the sixteen single family lots in the fourth filing of Asgard Subdivision. This water system presently serves 14 lots in Filing rr3 and will ultimately serve an additional 5 lots in this filing. Thus the system must have the capability of serving the domestic needs* of 35 lots (16 in Filing 4 and 19 in Filing 3). The existing system consists of two wells equipped with submersible pumps which pump to a concrete sump located below a wood frame well house. The sump is equipped with a submersible pump which pumps water to a 20,000 gallon storage tank located in the northern part of Filing No. 3. A hypochlorination system is available for chlor- ination. * No irrigation will be allowed out of the domestic water system. Design Criteria Water demands for the 35 lots which would ultimately be on the water system are estimated as follows: 1. Domestic In -House Use = 350 gpd/lot x 35 lots = 12,250 gpd = 8.5 gpm 2. Average Day Demand = Domestic In -House Use 8.5 gpm 3. Maximum Day Demand = 3 x Average Day Demand 36,750 gpd = 25.5 gpm 4. Peak Demand = 6 x Average Day Demand 73,500 gpd = 51 gpd -1- • • The constant well yield and pumping capacity should be equal to the maximum day demand of 25.5 gpm. The system should also have sufficient storage to meet peak demands for a period of six hours. This would amount to 18,360 gallons. Existing Wells, Pumps and Storage The two wells serving the Asgard Water Association water system were test pumped in 1977 by Canaday Pump, Inc. A copy of the results of these tests is included at he end of this report, Mr. Jim Canaday of Canaday Pump provided additional information relative to the pump test for South Well which is the main well on the water system. (Referred to as Asgard Well #1 in the Plan for Augmentation). Mr. Canaday's records show that the well was initially pumped for 2 1/2 hours at 50 gpm at which time the pumping rate was reduced to 30 gprn, and ultimately to 12 gpm. The water level at the 12 gpm pumping rate stabilized at 70' in the 110' well and held constant for the remainder of the 24 hour pump test. Canaday Pump had no drawdown information on the North well which has served as a backup well for the water system (Referred to as the McVey Well #1 in Plan for Augmentation) so a pump test was performed on this well on January 10 and 11, 1980, under the direction of Eldorado Engineering Company. The results of this test indicate that the constant yield of the North well is less than 2 gpm. It is believed that this well was drilled into an area with a perched water table that has a recharge of approximately 2 gpm. It should be noted that the test pumping and drawdown of the 183' deep North well has no effect on the SWL in the 110' deep South Well located approximately 100' away. This leads to the conclusion that the two wells are not hydrologically connected. In terms of pumping capacity, the booster pump in the sump is a 3 Hp 20 Series Sta-Rite which pumps 30 gpm to the storage tank. Thus this pump is more than adequate to pump the maximum day demand to the storage tank. The 20,000 gallons storage tank provides 6 1/2 hours of storage at the peak demand of 51 gpm. This storage is also equivalent to 39 hours of average day demand. The tank is located so that static water pressures will range from 60 - 120 psi in the Fourth Filing. Household PRV's will have to be installed to regulate pressures on some lots. Additional Facilities Required In order to have a water system which will meet the design criteria presented above it will be necessary to obtain an additional 13.5 gpm of well capacity, since the existing backup well was found to have a constant yield of < 2 gpm. Physical Supply The drilling of successful wells in the vicinity of Asgard Subdivision is very site specific because of the geology of the area. The geo- logic report for Filing #4 states that the bedrock at the site is claystone, siltstone and sandstone of the Wasatch and Ohio Creek formations. A review of well logs in the vicinity shows that water encountered in drilled wells is supplied predominantly from sand- stone horizons which are evidently porous and permeable. Wells do not appear to be drawing water from the same sandstone horizon but a'; a tape l lig several distinct sandstrie bas or in some cases are drawing water from the alluvial fan overlaying the Mesa Verde For- mation present in the area. No well log is available on the 12 gpm Asgard Well #1 (unregistered), but this well is evidence that the physical supply is available. It is the developers intent to obtain a replacement well permit for the McVey Well #t1 and to drill for the additional 13.5 gpm needed as soon as a driller is available. Thus, it is requested that the proposed water system be for Filing No. 4 be approved contingent upon the installation and testing of an addi- tional 13.5 gpm well. Legal Supply Mr. Becker filed in September of 1979 an application in the Water Court for Water Division No. 5 (Case 79 - CW -- 257) for approval of a plan for augmentation. (See attached copy). The Water Clerk reports that no statements of opposition have been filed and the application has been forwarded to the water referee for his review. The plan for augmentation, as filed, is based upon replacing into the Colorado River Basin a quantity of water equal to the amount being consumptively used during periods when the applicants junior rights are out of priority. The replacement will be accomplished by leaving the appropriate quantitiy of water in Canyon Creek at the historic point of diversion of the Vulcan Ditch. Approval of the above discussed Plan for Augmentation filed September 28, 1979, will allow continued diversion from the Asgard wells thus providing reliable legal water supply for the proposed development. FIRE PROTECTION Since the existing distribution system in Filing No. 3 is not sized to carry adequate fire flows, a water cistern system is proposed for Filing No. 4. The proposed system will consist of cisterns located adjacent to the water main in the road right-of-way. 500 gallons of storage will be provided per lot. Each cistern location will be equipped with a tap and valve off of the water main to facilitate keeping the cisterns filled. -3- • • SEWAGE DISPOSAL Sewer service will be provided by individual sewage disposal systems installed by lot owners. Soils and geologic conditions as discussed in Chen & Associates report appear to be favorable for use standard systems. Mr. Ed Feld, Garfield County Environmental Health Department, reports that percolation rates in Filing No. 3 are 20-40 minutes per inch and would expect to see the same range in Filing No. 4. -4- IN THE DIST (_;) COURT IN A. C< i_) WATER DIVISION NO. 5 STATE OF COLORADO Case No. 79 -CW -,2517. IN THE MATTER OF THE -APPLICATION FOR WATER RIGHTS OF CHARLES J. BECKER IN THE COLORADO RIVER IN GARFIELD COUNTY 1. Name and address of applicant: Charles J. Becker %Musick, Williamson, Schwartz, Leavenworth & Cope, P.C. Post Office Box 4579 Boulder, Colorado 80306 (303) 499-3990; (800) 332=2140 2. Water rights to be augmented: • .IN f VAT ER. CA )111)..T Division No. ;> SEP ni9l:1 STATE Oa ; COLC??ADO W,T...- .L/c[[`,.n�{ F3 APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION (a) Asgard Well No. 1. approximately 100 feet south of a point whence the NE corner section 26, T.5 S., R. 92 W., 6th P.M., bears N. 02418' E. 1871.5'; the well is not decreed or registered; yield li gpm. (b) Asgard Well No. 2, to be located approximately 100 feet west of a point whence the NE corner, section 26, T.5 S., R. 92 W., 6th P.M., bears N. 02°18'E. 1871.5'; the well has not been con.Itruc=ed expected yield 50 gpm. (c) McVey Well No. 1, located at a point whence the NE corner, section 26, T. 5 S., R. 92 W., 6th P.M., bears N. 02°18' E. 1871.5'; decreed in Case No. W-2757 on March 23, 1976 for 0.11 cfs, conditional. 3. Water rights to be used for augmentation: Applicant has purchased an interest in the Vulcan DiL1=h, more particularly described as follows: The right to make an annual consumptive use of not more than ten acre feet of water per year representing 10/440ths of the amount of water tributary to the. Cotorad 0 River which was found by the District Court, Water. Division No. 5, to have been consumptively used in the exercise of the water rights decreed to Vulcan Ditch out of Canyon Creek, with six acre feet thereof having been consumed in the exercise of the Vulcan Ditch right, with date of appropriation of April 1, 1907, priority number 175 in previous Water District No. 39, and four acre feet thereof having been consuru. d in the exercise of the water right decreed to the First Enlargement of the Vulcan Ditch with date of appropriation of October 8, 1942 and a priority number 242 in previ.OUs Water District No. 39. The Vulcan Ditch has been determined, in Case No. W--2127 in th t., Courr., t.!: h: 'i _ aq annual hi.S Cn 1.C. COii -, !' t.1 V(' i' 1J s [` of 440 acre beet, and the Vul can Ditch has further been decreed, in said case, to be used for year-round municipal use (including commercial, industrial, domestic, irrigation incident thereto and sewage treatment including land disposal), irrigation, recreation, fish and wildlife propagation, and all other beneficial purposes, including storage for each • of the above purposes. 4. Complete statement of plan for augmentation, including terms and conditions to prevent injury to the owners of or persons entitled to use water under vested water rights or decreed conditional water rights: Applicant is the owner of approximately 247 acres of land generally located in sections 26 and 35, Township 5 South, Range 92 West, 6th P.M., Garfield County, Colorado. Portions of this land have been platted and subdivided into 31 lots, known as Asgard Subdivision 3d Filing; additional portions will be platted and subdivided into 16 lots, known as Asgard Subdivision 4th Filing. The 3d Filing is presently served by McVey Well No. 1 and Asgard Well No. 1, through a central water supply system. Applicant intends to expand the central water supply system to serve the 4th Filing as well, and to construct Asgard Well No. 2 to provide an additional source of water. to the central water supply system. Sewage disposal for the 47 lots in the 3d and 4th Filings is by individual on -lot septic and leachfiel.d systems. No irrigation will be permitted in the 3d and 4th Filings using water from the central water supply system; any irrigation will be conducted using other distinct water rights. Engineering studies have been conducted on behalf of applicant utilizing water usage figures typical for this type of subdivision: 3.5 occupants per unit, year --round occupancy, 80 gallons of water used per person per day. Utilizing these figures, the total annual diversionsthrough the central water supply system are expected to be no more than 14.74 acre feet. rt is expected that no more than • 1.5-4, of the water so. diverted will be consumptively used, the remainder returning to the stream system through the individual sewage disposal. systems. Thus, the total annual depletions of water from the stream system are expected to be -no more than 2.21 acre feet per year. The central water supply system will also be used to fill fire protection cisterns, however no additonal depletions are projected from this use. Records of use of the Vulcan Ditch show that the ditch has an historic diversion period extending from April through October each year. Because the central water supply system will provide in-house use water only, depletions are expected to be uniform throughout each month of the year. Thus, 1.29 acre feet of depletions will occur during the historic. irrigation season of the Vulcan Ditch, and may be replaced in the stream, to the extent such depletions occur out of priority, by leaving a corresponding quantity of water in the strewn at the historic point of diversion of the Vulcan Ditch. It is expected that depletions occuring during the period Novmeber through March each year will not require augmentation, however should replacement be required additional Vulcan Ditch water, previously decreed for year-round use, may be made available to the stream. • • Applicant will install such measuring devices and institute such record--keepi n? proccd1rcres are cli.recLed by the Division Engineer in order to ensure that all out -of- priority depletions caused by the use of the centra►_. :,tater supply system will be replaced. By operation of this plan for augmentation, applicant asserts that there will be no injury to the water rights of others. WHEREFORE, applicant prays the Court enter its decree: (a) approving the foregoing plan for augmentation; (b) finding that there is•unappropriated water available for use by Asgard Wells No. 1 and No. 2 and McVey Well No. 1, and that no injury will occur to the rights of others thereby, provided that said wells are operated in accordance with this plan for augmentation; (c) ordering the State Engineer to issue permits fbr Asgard Wells No. 1 and No. 2 pursuant to C.R.S. 1973, Section 37-90-137; and (d) ordering that the Division Engineer shall not curtail diversions through Asgard Wells No. 1 and No. 2 and McVey Well No. 1 so long as the same are operated in accordance with this plan for augmentation. • MUSICK, WILLIAMSON, SCHWARTZ, LE(AVENWORTW- & COPS C . By dos ph A. Cope Loyal E. Leaveru n_rt6696 Post Office Box 6-?� Boulder, Colorado 80306 (303) 499-3990; (800) 332-2140 State of Colorado ) County of Garfield ) VERIFICATION. ss. Dean W. Gordon, being first duly sworn upon oath, deposes and says that he is the engineer for the applicant herein, that he has read the foregoing Application for Approval of Plan for Augmentation, and that the same is due Co the best of his knowledge and belief. Subscribed and sworn to before me this 28th day of September, 1979. Witness my hand and official, seal. 1y C'ormissia (i kpir�s Apra 11, 1331 My commission expires: 1 Notary Yub1_i_ c • • BY-LAWS of ASGARD WATER ASSOCIATION, INC. ARTICLE I SHAREHOLDERS 1. The annual meeting of the shareholders of the corporation shall be held in the registered office of the corporation or in any of the residences serviced by the corpora- tion water works as shall be designated in the notice thereof; on the first Monday in May of each year at the hour of 7:30 o'clock P.M., which annual meeting of the shareholders shall be held for the election of directors of the corporation and for the transaction of such other business as may properly come before the meeting. 2. Special meetings of the shareholders may be called and be held at such place as may be designated at any time by a resolution of the Board of Directors of the corpora- tion, or may be called at any time upon the written request of the shareholders holding a majority of the outstanding stock of the corporation, or upon written request of a majority of the Board of Directors of the corporation. 3. Notice of the annual meetings and special meetings of the shareholders of the corporation shall be given by written or printed notice stating the place, day and hour of the meet- ing, and in case of a special meeting, the purpose or purposes for which the meeting is called. Such notice of any such meet- ing shall be delivered either personally or by mail, by, or at the direction of the President, the Secretary, or the officer or persons calling the meeting, to each shareholder of record entitled to vote at such meeting, not less than ten nor more than thirty days before the date of such meeting; no business shall be transacted at any special meeting of the shareholders - except such as shall be mentioned in such notice. If any shareholder shall fail to furnish the Secretary of the corpora- tion with his correct post office address he shall not be entitled to such notice. 4. Subject to the limitations of Article Fourteenth of the Articles of Incorporation, each shareholder shall be entitled to one vote for each share of stock owned by him, the same to be voted either in person or by proxy, and a majority of all outstanding stock shall be required to constitute a quorum. 5. The order of business at the annual meetings, and so far as possible at all other meetings, shall be as follows: (a) Roll call. (b) Reading and disposal of any unapproved minutes. (c) Report of officers and committees. (d) Unfinished business. (e) Election of directors. (f) New business. (g) Adjournment. ARTICLE II DIRECTORS 1. The Board of Directors shall be composed of three persons and shall have general charge and management of the affairs, business and property of the corporation. The members of the Board of Directors shall audit all bills and claims against the corporation. 2. The Board of Directors shall have the power to appoint and employ such agents, servants or employees as it deems necessary for the conduct of the affairs of the corpora- tion and to fix their compensation. 3. The Board of Directors shall cause to be presented at the annual meeting of the shareholders a statement of the affairs and transactions of the corporation for the last preceding year, and also an estimate of the amount of money necessary to be raised for maintenance, betterments, construc- tion onstruc-tion and other expenses for the ensuing year, and to pay any -2- • 1 deficit for the preceding year. 4. Regular meetings of the Board of Directors of the corporation shall be held at such place as shall be desig- nated in the notice thereof immediately following the annual meeting of the shareholders of the corporation. Special meetings of the Board of Directors may be called at any time by any two members of the Board of Directors. Five days written or printed notice of the time and place of the holding of any such special meeting of the Board of Directors shall be given to each director, either in person or by mail, provided, however, any such special meeting of the Board of Directors may be held at any time without notice by the unanimous written consent of all of the members of the Board of Directors at such meet- ing. 5. The Board of Directors of the corporation shall not have power to issue bonds, or to mortgage, encumber or convey the water system of the corporation, or any part thereof unless first authorized to do so by the affirmative vote of the majority of the shareholders of the corporation. 6. The members of the Board of Directors of the corporation shall hold their offices for the term of one year or until their successors are duly elected and qualified. A majority of the members of the Board of Directors shall consti- tute a quorum for the transaction of business. If any director is absent from three successive meetings of the Board of Directors, the Board of Directors shall have the power to de- clare e-clare his office vacant and to elect a successor, who shall hold such office until the next annual meeting of the share- holders of the corporation. ARTICLE III OFFICERS 1. The newly elected Board of Directors of the corporation, at its first regular meeting following the annual -3- • • meeting of the shareholders of the corporation, shall elect from their numbers a President, a Vice -President, and a Secretary - Treasurer. The terms of office of said officers shall be for one year or until their respective successors are elected and qualified. 2. The President shall preside at all meetings of the Board of Directors and of the shareholders, when present, and shall have the general care, supervision and direction of r1 the affairs of the corporation and its employees, under the direction of the tracts and stock and perform such Board of Directors;he shall sign all con - certificates on behalf of the corporation, other duties as the Board of Directors shall from time to time prescribe. 3. The Vice -President, in the absence of the President, or in case of his inability to. perform the duties of his office, shall preside at all meetings, and do and perform any and all other acts and things which the Presi- dent might properly do were he present; and he shall do and perform such other acts and duties as of the corporation shall from time to 4. The Secretary -Treasurer the Board of Directors time prescribe. shall attend all meet- ings of the shareholders and of the Board of Directors, and shall keep a true and fair record of the proceedings of such meetings; he shall have charge of the books, papers and documents belonging to the corporation, and keep true and accurate accounts of all the dealings and financial transactions of the corporation; he shall countersign all contracts and stock certificates, which shall have been properly signed by the President or Vice -President; he shall attend to the mailing and service of all notices of meetings, notices of assess- ments, and other notices required to be given by or on behalf of the corporation; he shall make such reports to the Board of Directors as it may require; he shall prepare and properly file such reports and statements on behalf of the corporation as may be required by law; he shall have charge and custody of the corporate seal of the corporation; he shall have the custody of and be responsible for all monies of the corporation; he shall keep a full and accurate record of all receipts and disbursements; he shall deposit in the name of the corporation, in such depository or depositories as shall be directed and approved by the Board of Directors, all monies coming into his hands for the account of the corporation; he shall sign all checks, drafts and written orders for the payment of money drawn against the funds of the corporation; he shall make a full report of the financial condition of the corporation to be presented at the annual meeting of the shareholders; and shall make such other reports and statements as shall be required of him by the Board of Directors and by the laws of the State of Colorado. His books and accounts shall be open at all times during business hours for inspection by any Director or shareholder of the corporation. 5. The Board of Directors may hire an Executive Secretary to carry out the day to day functions of the Secretary - Treasurer. 6. The Board of Directors shall be authorized to appoint a superintendent who shall have control of the con- struction, care and management of the water works of the corporation. He shall in all matters be subject to the direction of the Board of Directors and shall receive such salary. as the Board of Directors may determine. ARTICLE IV STOCK 1. Each shareholder of the corporation shall receive a certificate for the number of shares of capital stock of the corporation to which he may be entitled and each certi- -5- • • ficate shall designate the lot or lots to which the water is allocated. All certificates shall be signed by the Presi- dent and the Secretary and shall bear the seal of the corpora- tion, and all certificates shall be numbered in the order in which they are issued. 2. The ownership of capital stock in the corpora- tion shall entitle the holder thereof to receive water available by the operations of the corporation in the following manner: (a) All water shall be delivered to each stock- holder by means of domestic water pipes installed by the corporation from the source of supply to a water meter installed at the point of use of each stockholder. Each water meter shall be and remain the property of the corporation. The water line extending from the water main of the corporation to each stockholder shall be the sole and exclusive responsibility of such stockholder. (b) Charges for water used by each stockholder shall be based on such rates and shall be billed at such periodic intervals as shall from time to time be determined by the Board of Directors. Enforcement of collection and charges to be assessed for non-payment shall be as from time to time established by the Board of Directors. (c) All water rents shall be payable on or before the 15th days of January, April, July and October of each year. A delinquency charge of 10o shall be made for all rents not paid as herein required and the water supply shall be terminated if the same is not paid prior to the last day of the month following the quarter for which the billing is made. 3. Capital stock of the corporation shall only be issued to such persons as own property within the boundaries of Asgard Subdivision, Filings 2, 3 and 4, Garfield County, Colorado. -6- • • 4. Transfers of capital stock of the corporation shall be made only upon the books of the corporation, upon application of a shareholder conveying or transferring his stock, by the endorsement of such shareholder on the certifi- cate and upon the surrender of the certificate representing such shares to be conveyed or transferred and all surrendered certificates shall be cancelled and filed in the records of the corporation by the Secretary. 5. Transfers of capital stock of the corporation shall be made only to persons who are or become owners of the lot or lots to which the stock is allocated, as provided in Article IV, paragraph 1 hereof, unless otherwise authorized by the Board of Directors. This restriction on alienation shall be endorsed on all certificates issued by the corpora- tion. 6. A certificate representing shares of capital stock ofthe corporation may be issued to more than one indi- vidual either in joint tenancy or in tenancy in common. If a certificate is issued to two or more persons in joint tenancy any notice required to be served upon the shareholders under the Articles of Incorporation of the corporation by the pro- visions of these by-laws shall be deemed properly served or service thereof waived if service is made upon one of said joint shareholders or if service thereof is waived by one of said joint shareholders. A joint shareholder shall be entitled to vote all the shares held by him and others in joint tenancy (in the absence of the others from any meeting) as though he were the sole owner of said shares, however only one vote shall be allowed for each share issued. ARTICLE V ASSESSMENTS 1. In addition to the water charges collected by the corporation pursuant to Article IV hereof, each -7- share of the capital stock of the corporation which has been issued may be subject to an annual prorata assessment for the maintenance and operating expenses of the corporation, in- cluding the payment of the debts of the corporation and interest thereon and for the cost of extensions, additions and improvements to the water system of the corporation as well as any and all other expenses of the corporation. The amount of such annual assessment shall be determined by a vote of the shareholders of the corporation at their annual meet- ing. The shareholders of the corporation shall have the power at any special meeting of the shareholders called for that purpose to levy additional assessments necessary to meet the obligations of the corporation. 2. The shareholders, when levying any assessment, shall fix the date at which the assessment shall be due and payable. Any such assessment shall become delinquent 30 days after the date so fixed and thereafter such assessment shall draw interest at the rate of 10% per annum until paid. Shareholders who are in arrears in the payment of any assess- ment shall not receive or be entitled to receive any water until such arrears have been fully paid. The corporation shall also have the right to prosecute a civil action against any delinquent shareholder to recover by court action the amount of any assessment which is delinquent, together with interest thereon and court costs. 3. The shares of any shareholder which become delinquent in the payment of any assessment ordered by the shareholders as aforesaid or the imposition of any monthly charges by the Board of Directors may be forfeited and sold in the manner following: A notice in writing shall be mailed to such shareholder at his last known post office address, which notice shall be signed by the president or secretary -treasurer. -8- • • This notice shall state the delinquency, the amount due and the date payment of such assessment or service charge became due. Said notice shall also state that unless payment be made on or before a stated day, which shall not be less than thirty days from the date such notice is mailed, the stock in the corporation of such delinquent shareholder will stand forfeited to the corporation. If such assessment, together with interest (as then established by the Board of Directors) accumulated thereon is not paid by said date stated, the stock shall stand forfeited to the corporation and the corporation may retire the same as treasury stock or dispose of the same to such other eligible shareholders as in the Articles of Incorporation and these By -Laws provided. ARTICLE VI USE OF WATER Water shall be used for only such purposes as shall be from time to time determined by the Board of Directors. Notice of any limitation upon the use of water shall be furnished in writing to all shareholders. Such limitations shall apply until rescinded or changed by written order of the Board of Directors. ARTICLE VII CERTIFICATES The certificates to represent the shares of the capital stock of the corporation shall be in the form of the specimen certificate set forth in detail following these by-laws. ARTICLE VIII SEAL The corporate seal of the corporation shall be a circular seal with the name of the corporation ASGARD WATER ASSOCIATION, INC., and the word "COLORADO" around the border and the word "SEAL" in the center. ARTICLE IX MEND -LENTS 1. These by-laws may be amended, repealed or altered in whole or in part by a majority vote of the shares represented and voting at any regular annual or special meeting of the shareholders provided that notice of the nature of such proposed amendment, repeal or alteration shall have been given in the call and notice of such meeting. Any by-law adopted, amended or repealed by a vote of the shareholders shall not thereafter be amended or repealed except by a like vote of the shareholders. 2. These by-laws may also be amended, repealed or altered, in whole or in part, by a majority vote of the entire Board of Directors of the corporation at any regular or special meeting of the Board of Directors, provided that written notice of any such proposed amendment, repeal or al- teration shall have been given to each Director at least ten days prior to the date of such regular or special meeting, provided that any such amendment, repeal, or alteration may be made by unanimous consent of the Board of Directors at any meeting of the Board of Directors without previous notice; and provided further that no by-law adopted or amended at any meeting of the shareholders shall be repealed or amended by the Board of Directors. ARTICLES OF INCORPORATION OF ASGARD WATER ASSOCIATION, INC. KNOW ALL MEN EY THESE PRESENTS that we, CHARLES J. BECKER, PATRICIA J. BECKER, and DAL CURRY, all being natural persons over the age of twenty-one years, do hereby make, sign and verify in duplicate this certificate. of our intention to become a body corporate under and by virtue of Articles 20-29 and Article 42 of the Colorado Corporation Code and in that connection state as follows: FIRST: NAME. The name of the corporation shall be ASGARD WATER ASSOCIATION, INC. SECOND: EXISTENCE. The corporation shall have perpetual existence. TIiIRD: PURPOSES. The purposes for which the corporation is organized and the powers of the corporation are as follows: 1. To construct, operate, maintain, repair and enlarge springs, wells, pipelines, storage reservoirs, rights- of-way and like water facilities for a restricted area known and described as Asgard Subdivision, Filing No. 2 and Asgard Subdivision, Filing No. 3, Garfield'County, Colorado, accord- ing to the plats filed in the office of the Clerk and Recorder, Garfield County, Colorado as Doc. No. 251953 and Doc. No. 262503, respectively, and to such lots as may be included in Asgard Subdivison, Filing. No. 4, which Filing shall be recorded subsequent hereto. 2. To conduct, carry on and engage generally in the business of transporting water from a well located on Lot 45, Asgard Subdivision, Filing No. 3, to the residents of the area described in paragraph no. 1 hereof, for domestic, livestock water and municipal purposes. 3. To contract with and borrow money from any and all sources and to execute bonds, notes and other evidences of indebtedness and secure the same by mortgages, deeds of trust or instruments constituting a lien upon all or any part of the real or personal property of the corporation. 4. To acquire by purchase, lease, contract, assign- ment, exchange, condemnation, appropriation or otherwise, water and water rights, rights-of-way, easements, use, permits, - franchises, privileges, priorities, pipelines and other irri- gation works, appliances, equipment and machinery and other real and personal property and other interests therein; to sell, lease, mortgage, encumber, assign, pledge, or otherwise convey or dispose of any or all such property pursuant to the laws of the State of Colorado. 5. To do or perform any act or thing permitted or authorized by the provisions of the Colorado Corporation Code and not prohibited by these Articles of Incorporation. FOURTH: WATER SOURCE. The source of supply of water for the water works of the corporation is a water well having a depth of 77 feet; the water works are located in Water Division No. 5; the name of the structure is McVey Well No. 1; the point of diversion is located on Lot 45, Asgard Subdivision, Filing No. 3, at a point whence the Northeast Corner of Section 26, Township 5 South, Range 92 West of the 6th P.M. bears N. 02°18' E. 1871.5 feet; the amount of water conditionally adjudicated to the structure is 0.11 cubic feet of water per second of time; a conditional decree for the structure was awarded by the District Court for Water Division No. 5 in W-2757 on March 23, 1976; and at such time as the water the subject hereof is applied to a beneficial use, application will be made to said District Court to adjudicate the water right absolute. -2- •. • FIFTH: SHARES. The aggregate number of shares which the corporation shall have authority to issue shall be 60 shares of one class without par value. The ownership of capital stock in the corporation shall entitle the holder thereof to receive a proportionate share of the water made available by the opera- tion of the water works of the corporation in the ratio that the number of shares held by each shareholder bears to the total number of shares of stock which are issued by the corporation. SIXTH: CUMULATIVE VOTING. Cumulative voting of shares of stock shall be mandatory in the election of directors. SEVENTH: WATER USE. The use of the water appropriated, stored, acquired, transported or conveyed by this corporation shall be limited to the use of its shareholders. EIGHTH: PREEMPTIVE FIGHTS. No shareholder of the corporation by reason of stock ownership, shall have a preemptive right to acquire additional or treasury shares of stock in the corporation. NINTH: BOARD OF DIRECTORS. 1. The affairs and management of this corporation shall be under the control of the Board of Directors consisting of not less than three nor more than seven persons. The number of directors may be varied by the stockholders of the corporation at any meeting at which directors are elected. The names and addresses of those Directors who shall manage the affairs of the corporation until the first annual meeting of the stockholders or until their successors be elected and qualified are as follows: Charles J. Becker 0225 County Road 266 Rifle, Colorado 81650 Patricia J. Becker 0225 County Road 266 Rifle, Colorado 81650 Dal Curry 2056 Odin Drive Rifle, Colorado 81650 2. At each annual meeting of the shareholders three directors shall be elected for a term of one year by the share- holders of the corporation. Vacancies in the members of the {v Board of Directors of the corporation shall be filled in the manner provided by the by-laws of the corporation. A majority of the shareholders of the outstanding shares of stock of the corporation shall constitute a quorum for the election of the members for the Board of Directors of the corporation. 3. The Board of Directors of the corporation shall have the power to make such prudential by-laws as it deems proper for the management of the affairs of the corporation not inconsistent with these Articles of Incorporation or the laws of the State of Colorado and to add to, amend or repeal any of the by-laws of the corporation provided that a notice of the proposal to add to, amend or repeal any of said by-laws shall be included in the notice of the meeting of the Board of Directors at which such action is proposed to be taken. TENTH: POWERS. The corporation shall have and exercise all of the powers, privileges and rights now or hereafter conferred upon ditch and reservoir companies and non-profit corporations pursuant to the laws of the State of Colorado and all of the powers and rights incidental to carrying out the purposes for which this corporation is formed and in addition thereto, the following: 1. The power to make assessments from time to time on its capital stock to be levied prorata on the shares thereof, payable in money or labor, or both, for the purposes of keeping the property of the corporation in good repair; for the purpose of repairing, enlarging., maintaining, extending, relocating and improving its water works; for the purpose of acquiring additional water, water rights, rights-of-way and water storage reservoirs; and for the purpose of paying the obligations or indebtedness of the corporation and interest on such obligations or indebtedness. No assessment shall be made, however, unless the -question of making such assessment shall be first submitted to the shareholders of the corpora- tion at an annual meeting or at a special meeting called for that purpose and a majority of the stock issued and outstanding, represented either by the owner in person or by proxy, voting thereon, shall vote in favor of making such assessment. In case such shareholders fail to hold any such meeting or fail to make any such assessments by the first day of June in any year, then the Board of Directors shall have the power to make any such assessments at any regular or special meeting called therefor which is called subsequent to the first day of June in any year. 2. The power (in the event of the failure of any shareholder, after due notice as the by-laws of the corporation may provide, to pay any assessment on his stock as the same may from time to time become due) to declare a forfeiture or sale of the stock of the delinquent shareholder or any number of shares of said stock. In addition thereto, or in lieu thereof, it may terminate the delivery of water to the shareholder until such assessment is paid and in addition thereto, or in lieu thereof, it may commence a civil action against such de- linquent shareholder to recover the amount of any assessment which may remain unpaid together with interest thereon, court costs and reasonable attorney fees. 3. The power to make periodic charges for the use -5- of water upon a volume or metered basis and to discontinue service of water to such users who default in the payment of such charges. 4. The power to make charges for tapping the water system. ELEVENTH: WATER TRANSPORTATION. No shareholder of the corpora- tion, by reason of stock ownership, shall have the right to the use of his proportionate share of water made available by the operation of the corporation unless said water is transported or conveyed by or through the water works system of the corpora- tion. TWELFTH: INCOME TO CORPORATION. No part of the income of the corporation shall inure to the benefit of any shareholder, except as shall be authorized by the Board of Directors for services actually rendered for the corporation. THIRTEENTH: DISSOLUTION. In the event of dissolution of the corporation, the same shall be accomplished as provided in Article 26 of the Colorado Corporation Code. Assets, if any, remaining undistributed after distribution as provided in Section 103 of said Article 26 shall be distributed to the shareholders upon a prorata basis. FOURTEENTH: VOTING !MODIFICATION. Until such time as Charles Becker owns no more than one lot in Asgard Subdivision or until June 1, 1986, whichever shall first occur, the said Charles Becker shall be entitled to elect two-thirds of the Directors of the corporation and shall be entitled to cast two-thirds of the votes cast on all other questions voted on by the members. w FIFTEENTH: REGISTERED AGENT. The address of the initial registered office of the corporation is 0225 County Road 266, Rifle, Colorado, 81650, and the name of the initial registered agent for the corporation at such address is Charles J. Decker. SIXTEENTH: INCORPORATORS. The names and addresses of the incorporators hereof are as follows: Charles J. Becker 0225 County Road 266 Rifle, Colorado 81650 Patricia J. Becker 0225 County Road 266 Rifle, Colorado 81650 Dal Curry 2056 Odin Drive Rifle, Colorado 81650 IN TESTIMONY WHEREOF, we have hereunto set our hands and seals this day of , 1977. STATE OF COLORADO ) sS. COUNTY OF GARFIELD ) 1, , a Notary Public in and for the State of Colorado, do hereby certify that CHARLES J. BECKER, PATRICIA J. BECKER, and DAL CURRY, who are personally known to me to be the persons whose names are subscribed in the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument in writing as their free and voluntary act and for the uses and purposes therein set forth. WITNESS my hand and official seal this day of , 1977. My commission expires: NOTARY PUBLIC °I r^ t 47.1)T m e I SSS YI 2u es. m i_ 'I.r `�. CONSULTING ENG EERS `' v,, SOIL t: FOUNUATIOi4 96 S. ZUNI • DENVER, COLORADO 80223 - 303/744-7103 ENGINEERING 1924 EAST FIRST STREET - CASPER, WYOMING 82601 307/234-2126 PRELIMINARY ENGINEERING GEOLOGY AND SUBSOIL INVESTIGATION ASGARD SUBDIVISION, FILING NO. 1I GARFIELD COUNTY, COLORADO Prepared for: MR. CHUCK BECKER 0225-266 ROAD RIFLE, COLORADO 31650 Job No. 16,313 August 3, 157C • • TABLE OF CONTENTS CONCLUSIONS SCOPE PROPOSED DEVELOPMENT SITE CONDITIONS GEOLOGIC SETTING SUBSOIL AND BEDROCK CONDITIONS • Subsoils Bedrock GEOLOGIC CONDITIONS AFFECTING THE PROPOSED DEVELOPMENT PROBABLE FOUNDATION TYPES SITE GRADING EXCAVATION ADDITIONAL INVESTIGATION FIG. 1 - LOCATION OF TEST PITS FIG. 2 - LOGS OF TEST PITS FIGS. 3 and 1+ - SWELL -CONSOLIDATION TEST RESULTS FIGS. 5 and C -- GRADATION TEST ,RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS CONCLUSIONS (1) The proposed development of the subdivision is feasible from an engineer ins ecology and subsoil point of vlew. (2) The extreme southern end of this site: possesses vary steep slopes which should be restricted or carefully studied for use as building sites. (3) The subsoils in the northern and central portions of the site generally consist of about 1 foot of slightly organic, sandy clay topsoil overivina nil to more than 9 feet of very stiff, sandy clay which is underlain by nil to at least 3 feet of dense clayey and silty gravel to the total depth investigated, 101,f feet. Bedrock on the extreme southern end of the site consists predominantly of sandstone which outcrops overmns, of this portion Cr the site. te. Foundations for the propose d its idences may consist of spread footings placed on thenatural soils or bedrock. Thr- natural nag the i o e of S: te $l)Qul C: be preserved. Cu: and fill slopes in the natural soils should be stable at inclinations no steeper than 2:1 (horizontal to vertical) for heiohts up to 20 feet. These slopes should be well drained and provided with vegetation to prevent erosion. Steeper or high (4) (5) / slopes, 1 f required, should be studied en an individual basis. SCOPE This report presents the results of a preliminary engineering oeoloey and subsoil investigation for the proposed Asgard Subdivision, Filing No. ti in Garfield County, Colorado. The proposed subdivision is situated approximately two miles northwest of Silt, Colorado in Sec- tions 26 and 35, T. 5S, R. 92W of the 6th P.M. Discussed within the report are the general. subsoil and bedrock conditions, most suitable foundation types for residential structures, and geologic conditions affecting the proposed development. PROPOSED DEVELOPMENT We understand that it is planned to develop this parcel of land for single family residence!;. The parcel consists of approximately !;3.5 acres which 1i l s be subdivided into 15 lots. The residences c35 wl 11 utilize individual water wells and sev&..ge disposal systems. SITE C0NDITI0:1.S At the time of our investigation, the site was vacant. In general, the ground surface was in a natural condition. The site generally slopes down in a southeasterly direction. The maximum elevation difference across the entire site is on the order of 300 feet. The northern and central portions of the site consist of an undulating topography of low, broad ridges end shallow dry ephemeral drainages on a moderately sloping, plain which slopes downward to the southeast. The topography on the south portion of the site consists of steep to very steep slopes which slope downward from a ridge crest to the northeast and southwest. 3 - An irrigation ditch borders the southern portion of the east property line to a point approximately' .00 'f' ' approximately �� Cot north of the extreme south property line where it bends and flows to the southwest across the southern end of the site. No other intermittent or flowing streams nor any bodies of water are present et the site. Vegetation generally consists of sagebrush, pinion and cedar trees and native weeds end grass. GEOLOGIC SETTING The site is situated on the southwestern Side and adjacent to the Grand Hogback monocl ine. This geologic feature, which fortis a long, r prominent ridcre, consists of Upper Cretaceous age sedimentary rocks rcc_res of the hese Verde Fornation. Several stretieraphic unfits of sandstone, shale and coal beds (re present in this formation. from the crest of the monccl ine, the beds of the Mese Verde formation dip down steeply to the southwest were they are overiein unconformahly by the bedrock unit which is present at the site. The bedrock et the site of the proposed subdivision is cleystone, s i ltstone and Sandstone of the t asatch and Ohio Creek formations of Tertiary tiary age. Cardstone of either the Wasatch or the Ohio Creek forma- tion outcrops on the very steep slope= in the southern portion of the site. As shown on Fig. 1, the remainder of the site to the north of the area of outcropping sandstone bedrock, is covered by soil deposits of sandy clay and silty and clayey gravel. ~4 SUBSOIL AND BEDROCK CONDITIONS Subsc its• The general t - ----- Subsoilc: r, e ra . s h er 1 I ow subsurface s u b s u r; ac e°nditia,rove~tiCdted by excavating four test pits with a b. the pits are presented on Fig. 2. Subsoils are e~rG tr; aboutloot o`slightiY organic, >. �.., sandy clay topsoil to more than 3 feet oil Very stiff, calcareous, Sand (�.r^p `2 r• ` ay by nil to more than 8 t'• `'.-�"�"�;: j;; feet of dense, silty to clayey Qrtvc;, Tht. SraveI contains a medium to large amount of sand and -' -... ...v -.e boulders. Subsurface conditions below 01- feet, the :r•c?hi:^ .. .r;.. investigation, were not observed. Swell -consolidation tests were performed on unC' i s . the sandy clay =nd coflayey layey sand. The. indicate results of F 3 these lost. • Figs. s • and t; � .,^ cate? that the sandyLi[.i ; clayey , e y and ;aVey sci ill c:tH moderately w Srl: tom. M'[ { �:).•... hen wetted and ►cGde,, to typical foundation pressures. Figs. 5 and 6 show the gradation r at on a.,nalyses o: samples of v`lc s: :y clayey , ey gravel subso i No free water was present in the subsoils encounters .n t be :e`.:` pits. Bedrock: No bedrock was encountered in the test pits. The observed were outcrops of sandstone in the southern portion of tfle size, as previously discussed. It is likely that the bedrock underiyinc .he soils in the north and central portions of the site nay consist cf claystone, siltstone, and sandstone. GEOLOGIC CONDITIONS AFFECTING THE PROPOSED DEVELOPMENT It is our opinion that the only geologic conditions v.•hich k•i}} - affect the proposed development are the very steep slopes associated with the outcropping sandstone of the Wasatch cirri Ohio Creek formations in the southern portion of the site. In general, construction on these slopes should be restricted unless specific building sites are studied on an individual basis with respect to slope stability and possible rockfall, mud and debris flows. There does not appear to be a flooding potential at the site. However, storm runoff at the site should be evaluated for planning and developing surface drainage. PROBASLE FOUNDATION i YtES The most suitable and des 1 i ab i e type foundation ��p for residential structures at the situ i s spread pct i nos. Spread footing foundations may be placed on the natural soils below organic topso i i or on bedrock. tea=x inun soil beer i no pressures for spread footing foundation:; wi 1 l vary from on the order of 1,500 to 5,000 psf. If claystone bedrock is encountered at foji: c3tioii grade in isolated areas, nininun dead load pressure may be required for spread footings. Individual building sites should be investigated prior to construction to determine specific design criteria. This may be done by inspecting foundation excavation. SITE GRADING Cut and ;ill slopes at the site should be stable at inclinations no steeper than 2:1 (horizontal to vertical) up to 20 feet high. Good surface drainaoe and cover vegetation should be provided to protect -6 - ran -rade slopes. If higher man-made slopes are required, they should be studied on an individual basis. All existing vegetation should be stripped in areas of fill. Where fill is placed along roads and under concrete flatwork, it should be compacted to at least 95% standard Proctor density at optimum moisture content under controlled conditions. Controlled, compacted sill should 8 be placed in lifts and should contain no rocks larger than inches in diameter. All of the on-site soils are suitable ;'or general ever l of fill and road f i 11. Fill beneath concrete flatwork should consist of the granular soils. � As much as is possible, the natural drainage characteristics of the site should be preserved during site grading. 3(3.od surface drainage away from buildings should also be acco"'pIish€•d. EXCAVAT I O,4 The subsoils can be excavated by r"ed i um to heavy duty conventional excavating equipment. Sandstone bedrock t';i i l probably require blasting, especially in confined excavations. ADD I T I OF;AL INVESTIGATION The results of this preliminary investigation are general in nature and may be utilized for preliminary planning and design. Individual building sites should be studied prior to construction to finalize foundation types and design pressures and other soli -related construction 1 • parameters. indi.vidual sewage disposal systems should include percolation test data as a part of their design. MJP/med. CHEN AND ASSOCIATES, INC. By arcus Reviewed By ? / R i chard C. Fardi, P. E. >. •0 •• .:_. , • . .„, r..) C: C.) f •.:4 f....2.1 ri 0 . • . • . N.. **-- 4, ' 1 >s• ▪ ; •_.. -C-3 : -T.) C--- . • • C_D . • • • • . J r,.; • >- (c) . rc..j-.; c': rc; . . CI . (.2, „...... . C.) r•-•-• 0 . V) . • i ; • . , L. >-. -C Ca •>4 >- • ; 4 ..— • : I ' .j.:::; . V) • • 4-4 > . - L..-7 , ! >- ; 0 0 0 > 1? i r : C L : • ,..-. i IY, >. 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