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0670 - 266 Road
Rifle, CO 81650
March 28, 1979
Board of County Commissioners
Garfield County
P.O. Box 640
Glenwood Springs, CO 81601
RE: Application for Sketch Plan Review
Gentlemen:
This letter is to serve as an application for sketch plan review of
the proposed Filing No. 4 of Asgard Subdivision.
The proposed development is on Silt Mesa adjacent to the first three
filings of Asgard Subdivision. Filing No. 4 consists of 43.6 acres
which will be _divided into 16 single family lots. Minimum lot size
will be 2 acres which conforms to the existing A/R/RD zoning. Access
will be from the existing county road as constructed in previous
filings. Water service will be provided by expanding the existing
central water system. Sewer service will be provided by individual
systems installed by the lot owners. See the attached utility plan
statement for addition information.
Also, attached is a loan form for proof of ownership. An updated
title insurance policy is currently being prepared and copies will
ba made available to the board.
Items included in the application are:
1. Verification of water rights.
2. Protective Covenants
3. Asgard Water Association By-laws.
4. Articles of Incorporation of Asgard Water Association, Inc.
5. Geology and Soils Report
Thank you for your consideration of the Asgard Filing No. 4 sketch
plan.
Sincerely,
Charles Becker
(8"._eleyu)
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0 SCHEDULE A •
Number Dote of Policy Amount of insurance
0:r 005 02 02260 23 F•:;::y 1973 $34,500.00
G-05-154-73 C:15 ".M.
1. Name of Insured:
TEE FIRST .TrW =i4AIBAN IN RIFLE
2. The estate or interest referred to herein is at Date of Policy vested in:
3. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is:
Fee simple
4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows:
19. ... of T 7..1:.. t _sofa Charles J. Ecker to the Public ?.rtes Lie ofG�r a f 1
i�
Cou.ntv se-ciri ar= h-?. First <'aavZ oT__ ✓al_ki in Rifle ,said e>ed. dated
... .__n•..•=.dared 1,E1,?
21,1973 an ' u 23, 1972 S_1'17. '0• 75+=3J in zoDY 445
3
at
5. The land referred to in this policy is described as follows:
Sec hEcaed Page Ora_. Scheau1e A.
This policy valid only if Schedule E3 is attached.
• 1
The N1/2SW4SW4 of Section 3, Township 6 South, Range 93 West of the
6th P.M.
The SW4SE4 of Section 14, Township 5 South, Range 92 West of the
6th P.M.:
The SE4NW4, NEgSW4, and W1/2NE4 of Section 26, Township 5 South, Range �� 7
92 West of the 6th P.M. -
All that part of the SW4SE4, NW4SE4 and NE4SE4 of Section 26,°Township
5 South, Range 92 West lying Northerly and Westerly of the following
line:
Beginning at a point on the East Side of the NW4SE4 of said Section
26 whence the South Quarter Corner of said Section bears S.41°24'
W. 1992.77 feet;
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
thence S.
31°20' W. 245.02 feet;
54°35' W. 181.97 feet;
42°43' W. 277.09 feet;
64°46' W. 169.94 feet;
84°59' W. 90.13 feet;
20°6' W. 101.10 feet;
68°24' W. 181.25 feet;
32°40' W. 124.80 feet;
6°28' W. 467.30 feet;
15°44' E. 123.90 feet;
12°48' E. 97.60 feet;
29°51' E. 281.60 feet;
34°55' W. 82.10 feet;
86°55' W. 106.72 feet;
thence South to the South line of NWgNW4NE4 of said Section 35,
excepting, however, that part of SW4SW4SE'-a` (- id -Tract 61)Aying
Southerly and Easterly of the following described line, said line
being southerly and Easterly of the Farmers Irrigation Ditch:
Beginning at a point on the Easterly bank of the said Irrigation
Ditch whence the South Quarter Corner of said Section 26 bears
S. 60°5' W. 325.5 feet;
thence N. 38°2' W. 357.30 feet;
thence N. 46°9' E. 114.80 feet;
thence N. 73°40' E. 124.24 feet;
thence N. 45°56' E. 98.43 feet;
thence S. 6°28' W. 467.30 feet to the point of beginning.
ALSO EXCEPTING
therefrom that part of the SEt of Section 26, Township 5 South,
Range 92 West of the 6th P.M. as conveyed to Marvin D. Eller and
Sharon L. Eller by Warranty Deed recorded in Book 415 at Page 105.
COUNTY OF GARFIELD
STATE OF COLORADO
•
SCHEDULE B
Policy Number Ci(7 +5 112 ,22r0
loan
This policy does riot insure against loss or damage by reason of the following:
POAM 33211113 1.70
J. Reservations and exceptions contained in the United States Patents
t_
a.
•
the descriL'ec property of record in Garfield County, including:
Suh_ic!ct to the right of the proprietor of a vein ar lode to.
e::tract and reove his ore therefrom.
.L11 -.1.t: is reserved fror. the lanes hereby granted a right of vay
thereon for ditches or canalssconstructea Ly the authority of
tIleUnited States.
;.t an ;:__c._vicec one-half interest in and to a11 oil gas, minera? r
r
The Section 26, '.L reship 5 S7'ii.-_h, P-,r,!Se ✓% Vest of elle
€ th D.V. is `C:% i r_'L.t to the mineral rc"servz i ons contained in
arra` Ly Deed dated April 19, 1 4:. and recorder in Book 235
i :h .. - y 1 -�.._ 7 the property p e_s__ ete.., issubject e
��.` . � t..,c� of pr_:r�`r y above described to th
r in_ra j reservations contained in deed dated October 4, 195S
and rr cor cede in Book 311 at Page 565.
an Gas .ease on Section 14, Tor reship 5 South, Range 92 and
. ec t i o_. 26, r'm n sl=ip 5 South, Range 92 'vest recorded in Book: 412
_t. -,.. !, 1 ;, 3�,
anC .^-Si:`'----=rlty �.tcre_'� in i�:.:0.. at c�.�c �C:=7 and, in
43:1.
_,i:_; :via of :<sl ani ea:>e.enLs f:r r'1ai?s, ditches, st:ree is cranes,
isi^,i..1L s a l:L._ pipelines, inciuCLily:
a. ;7ase.::ei t and ri'ghL of -,ay :,]ranted to the Garfield as.
G
Gathering Company and recorded in Book 367 at Pages 432 as
to S:..- S.:'l of S_ot:ion 3, To.:nship 6 South, Range 93 Test of
theCth p.._.
Taxes for the year 1-•;173 and subsetluent years.
Countersigned
Authorized Signatory
NOTE: The following .endorsements appearing after
Schedule B are an integral part of this policy:
Schedule f3 of this Policy consists of pages.
.f- .L1 i.iU �. _y ,....„.l) V I . 4 12.J 1,()A` li:.J L//,.♦, -J .1 i1 / _..7-4.x.14.• ,
FOURTH - lLI� C, G�;RFIELD COUNTY, -COLO,RACiv
CHARLES J. BECI<ER, 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 spall be subject •to the following pro-
tective covenants and conditions, all of which shall be deemed to
he appurtenant to and run with the land.
1. SCOPE. 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, a Document
No . - .
2. LAND USE. The property is intended to be developed
for single family residential and agricultural purposes only. No
more t an 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 Jnd 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
intosmaller lots or tracts, nor be conveyed or encumbered in any
size..lsss 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. vo structure a 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 months
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. MI TM HOUSE SIZE. The min m living area size of
any house, shall zip t be less than 800 square feet 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 neighborhood::. 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 Wil.
Becker, Patricia J. Becker and or three other
members appointed by thea., 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
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.
. V ^ f ATIoN lot n N rpersons acting by,
1 S . If any o;•r,_e,�o�. .g
}- r r h under shall violate or atter to violate any of the
through or
covenants herein stated, it shall be lawful for 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. DECKER
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• 4
Pecorded at
Reception No
UB INDENTURE, Made this
CHARLES J. BECKER
lst day of October , 1977 , betwe-en
v. -hose. address is 0225 County Road 266, Rifle, Colorado 81650
part of the first part, and the Public Trustee of County of Garfield
in the State of Colorado, party of the second part, Witnesseth:
THAT, WHEREAS, The said Charles J. Becker
has executed one promissory note bearing even date herewith, for the principal sum of
Eighteen Thousand and No/100 Dollars,
payable to the order of HAMILTON R. DUNCAN, JR. •
! whose address is 5400 Beach Road, Littleton, Colorado 80123
after the date hereof, with interest thereon froni:+ n.e date rf.4ereof
at the rate of 8% per cent per annum, payable in the sum of'!$1,000.G(Y..`V;ter• moot,yi,
commencing on November 1, 1977, and on the lst day of each and ever;y••;month=�Y'1-:month'..
thereafter until paid in full. z r;; '•
ti�
AND WHEREAS, The said part les of the first part
are
desirous of securing payment of the
principal and interest of said promissory note in whose hands so -ever the said note or any of them may be.
NOW, THEREFORE, The said part of the first part, in consideration of the premises and for the purpose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part in trust forever,
the following described property, situate in the County. of Garfield , State of Colorado, to wit:
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
Colorado 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 con—
sumed 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 consumed in the exercise of the water right decreed
to the First Enlargement of the Vulcan Ditch with elate of appropriation of
October 8, 1942 and a priority number 242 in previous Water District No. 39.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust
Nevertheless, That in case of default in the payrnent of said note or any of them, or any part thereof, or in the payment of the interest
the.reran. according to the tenor and effect of said note or any of them, or in the payment of any prior encumbrances, principal or
interest, if any. or in case default shall be made in or in cane of violation or breach of any of tie terms, conditions, covenants or agreements
• herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a volation of any of the covenants
herein contained and elect to advertise said property for sale and demand such sale, then, upon filing notice of such election and demand for
sale with the said party of the second part, who shall upon receipt of ouch notice of election and demand for sale cause n copy of the minae to
bre recorded in the recorder's office of the county in which said real estate is situated, it shall and may he lawful for said petty of the second
part to sell and dispose of the same (en masse or in separate parcels, as the said Public ruetee may think best), and all the right, title and in-
ter,-st of said part y of the firat part, his heirs or asaigas therein, at public auction at the front door of the
Court House, in the County of Garfield , Sleets of Colorado, or on eatd premises, or any part thereof as may he epee:Hi el
in the notice of said Hale, for the highest and beat price the same will briny in cash, four wee<3 public notice havin.r been previously given of
the tirne and place of such sale, by advertisement, weekly, in some newspaper of general circulation at tiutt time pnblished in said county of
Garfield ' , a copy of which notice shall be mailed within ten days from the data of the firat publication thereof to the
said part y of the first part at the address herein given and to such person or persons appearing to have acquired a aubeequent.record
interest in said real estate at the eddreee given in the recorded Inetrnm'nt; where only the county and ntnte Ls given .a the nddresa then such
notice ahall be mailed to the county seat. and to make and give to the purchaaer or purchasers of such property nt such sale, a certificate or
certificates in writing describing such property purchased. and the num or suma paid therefor, and the time when the purchaaer or purchasers
(o: other person entitled thereto) shall be entitled to a deed or deeds therefor. unless the same shall be redeemed ns is provided by law; and
said Public Trustee shall. upon demand by the person or peraona holding the said certificate or certificates of purchtae, when said demand is
mnr_'e, or upon demand by the person entitled to a deed to and for the property purchased, at the time such demand is made, the time for re-
deotption having expired, make and execute to such person or persons a deed or deeds to the said property .purchased, which said deed or deeds
shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee. tut grantor, and shall
convey and Quit -claim to such person or persons entitled to such deed. aa grantee, the said property purchased ns aforesaid and all the right,
title, interest, benefit and equity of redemption of the party of the first part, his heirs and as»irn therein, and
1 as
shall recite the sure or Burns for which the said property wsold and shall refer to the power of tele therein contained, and to the tale or »ale,
rnsde by virtue thereof; and in case of an r:aaiynment of such certificate or certificates of purchase, or in case of the redemption of such
property, by a subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of
sale reed not h: set out in such deed or deeds and the said Public Trustee shall, out of the proceed./ or avail* of such 451e, after first paying
and retaining all ftp+, charges and costa of making said sale, pay to the beneficiary hereunder or the, legal. holder of said note the
principal and interest due no said note according to the tenor and effect thereof. and all mon- a advanced bysuch beneficia
4 ; er nor 1
-;sal
holder of said note for insurance, taxes and assessments, with interest thereon at 10% per cent per annum, rendering the
over,lus, if any. unto the Bald party of the first pert,
hiS lriral representatives or maiyaa; which sale or Haire and said de. -1 or
deeds so made shall be a perpetual bar. both in law and equity, ayainet the said party of the fiat part, his hrltl
t
i
li
and spersons asians, and all other peons claiming the raid property. or any part thereof, by. from, through or under said part of the first !,
part, or any of them. The holder or holders of said note or rotes may purchase nail property ur any pert thereof; and it shall not be obligatory !
upon the purchaaer or purchaaer at nny ouch Gale to see to the application of the purchase money. 1f a release deed he re aired, it la agreed ii
that the part y of the first part, his heirs or aasiprns, will pay the expense them!. j 1
i
No. 341-A. D1:13D OF TIIUST—Pnblie Traetee—R.aeelare's Cl,u..e---Alt.erney's Peer.
--Bradford Publishing Co., 182 4.4i Stout Street, Denser, Coluredo *573-5011) —9-75
And tha said part Y of the firs
covenant S and agree S to and with the said party of the second part, that at the time of the ensealin2 of and delivery of the
pre.ents he is wall seized of the said land and tenements in fee simple, and ha wood right, full power and lawful
authority to grant, bargain, eel! and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing
all riebte and claims may have in or to said Isnda, tenernents, and property ea a Homestead Exen.ptiva, or other exempt].,,,
under end by virtue of say act of the General Assembly of the State of Colorado, Crow aristiny or which may hereafter he pet=a± ice
thereto ; J that the Y r -.':t..,,,
ealr.e are free and clear of all liens and encumbrances whatever.
for
himself
and for
hie
heirs, executors and administrator,,
and the above bargained property in the quiet and pate mble pcsseseion of the said party of the second part, his successors and asei;,`nn,
ay-ainet all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said party of the first pert shall
and will Warrant and Forever Defend.
And that during the continuance of said indebtedness or any part thereof, the said pert v of the first part will in due se/Len pay
nil taxes and (16sessrnents levied on said property; all einounts due on account of principal rn:el interest on prior encumbrances, if any: and ..ill
keep all buildings that may at any time be on said lands, insured against loss by fire with extended coverage endorsemer,ta in such company or
goer nanie.7 as the holder of said note may, from time to time direct, for such sum or sums as such company or companies will insure for.
not to exceed the amount of said indebtedness, except at the option of said part y of the first part. with Ioss, if any, payable to the bene-
ficiary hereunder, a_s interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder. as
further security for the indebtedness aforesaid. And in case of the failure of said part of the first part to thus ineure end deliver the
policies of insurance, or to pay such taxes or assessments er amount_, due or to become due on any prior encumbrance -s. if any, then the holder
of said uote , or any of them, may procure such insurance, o.- pr.y such taxes or assesemen s or amount due upon prior encumbrance., if
any, and all moneys thus. paid. with interest thereon at 10 jwr centum per annum, sial] become 60 much additional indebtedness,
secured by thia Deed of Trust, and shell be paid out of the proceeds of the sale cf the property aforesaid, if not otherwise paid by said part
of the first part and may for such failure de:iare a violation of this covenant and agreement.
AND THAT IN CASE, OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the s:.rne party of the second part or
the holder of said note or certificate of purchase, shell at °nee beoorne entitled to the pus.wsion, use and enjoyment of the property afore.
said, and to the rente, issue; and profits) thereof, from the accruing of such right ar.d during the pendency cf foreclosure proceedings and the
period of redemption, if any there be; and such po+seesian shall at once be delivered to the said petty of the second part or the holder of said
note or certificate of purchase on request, and on refusal. the delivery of ouch possession may be enforced by the said party of the eecond
pnrt or the holder of said cote or certificate of purchase by any appropriate civil suit or proceediug, and the said party of the second part, or
the holder of said note or certificate of purchase, er any thereof, shall be entitled to a Receiver for said property. and of the rents,
issues end profits thereof, after such default, including the time covered by foreclosure procc-ed:inga and the period of redemption, if any there
be, and shell be entitled thereto as a matter of right without regard to the solvency or insolvency of the part v of the first port
or of the then owner of said property and without retard to the value thereof, and euch Receiver fray be .ppointed ty any court of
cr_emi.etent jurisdiction upon ex parte application and without notice --notice being hereby expressly waived—and all rents, issues and profits,
income end revenue therefrom ehell be applied by such Receiver to the payment of the indebtedness hereby secured, according to law and the
orders and directions of the court -
AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note
aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the part
of the first part, h i s executors, administrators or assigns. then and in thatcure the whole of said principal ruin hereby
aeeurc3, and the intereet thereon to the time of sale, may at once, at the option of the legal holder thereof, become due and payable. end the
said property he sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be ,rade by the Public
Trustee, en ettorney'n fee of the suns of a reasonable amount A jll4y4 for services in the superrisinn of said
foray loeure: proceed:nae shall be allowed by the Public Truster ae _, pin -t of the coet of foreclosure. and if foreclosure Le made through the courts
a reasonable attorney's fee shall be taxed by the court 6 s n part of the costs of encs foreclosure proceedings.
IN WITNESS WHEREOF, The said part y of the first Dart buS hereunto set his hand and seal
tine day and year first above written.
WITNESS:
.]TATE OF COLORADO,
County of Garfield?"
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THE PUBLIC TRUSTEE
ARLES J. BEV:ER -
(SEAL'
(SEAL,
The foregoing instrument was acknowledged before me this
day of------OCto_beL 18_77, by
Char1s
My Commission expires Ju1.y__224_19.8_1 4-
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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
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
may properly
of the
of
the
Board of Directors of the corporation.
3. Notice of the annual meetings and special meetings
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 and other expenses for the ensuing year, and to pay any
• 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 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
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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
the affairs of the corporation and its employees, under the
direction of the Board of Directors; he shall sign all con-
tracts and stock certificates on behalf of the corporation,
and perform such 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 the Board of Directors
of the corporation shall from time to time prescribe.
4. The Secretary -Treasurer 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-
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•
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 loo 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.
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. •
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 of the 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
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• •
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.
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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 hoard 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
AMENDMENTS
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 BY 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.
THIRD:
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.
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• •
FIFTI :
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 `..
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. Tiie 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 -Z.
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.
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. Becker.
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
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
day of , 1977.
I, , 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
303-945-8596
COLORADO 81601 /
/ GLENWOOD
• •
ASGARD SUBDIVISION
FILING NO. 4
UTILITY PLAN
DOMESTIC WATER SYSTEM
Water service to the 16 single family lots in Asgard Subdivision
Filing No. 4 will be provided by expanding the existing water sys-
tem installed in Filing No. 3. This system is utilized for domes-
tic purposes only and consists of a well equipped with a sub-
mersible pump which pumps to a concrete sump equipped with another
submersible pump. This pump in turn pumps to a 20,000 gallon
storage tank located in the northern part of Filing No. 3. The
storage tank then feeds a three inch P.V.C. distribution system.
A hypochlorination system is also installed to chlorinate water
as it is pumped into the concrete sump.
The constant yield of the well, capacities of the existing pumps
and the amount of existing storage will be evaluated in detail
at the Preliminary Plan Stage of this development to determine
how these facilities will need to be expanded to meet the require-
ments of both Filing No. 3 and 4. The existing distribution sys-
tem will be extended from Filing No. 3 into Filing No. 4. A pre-
liminary investigation shows that the existing pumps and storage
tank are adequate to serve the needs of both Filing No. 3 and 4
but the increased demand on the system with the addition of Filing
No. 4 will require that an additional well be drilled. It is
proposed that this well be drilled in the vicinity of the existing
well as it has been a reliable source with a good quality water.
Water demands for Filing No. 4 are estimated as follows:
1. Domestic In -House Use: 350 gpd/Lot x 16 Lots = 5600 gpd
3.9 gpm
Q
2. Average Day Demands = Domestic In -House Use
Q = 3.9 gpm
3. Maximum Day Demands = 3 x Average Day Demand
" = 16,800 gpd
11.7 gpm
4. Peak Demands = 6 x Average Day Demand
33,600 gpd
23.4 gpm
• •
Thus, Filing No. 4 in itself will require a constant well yield and
pumping capacity equal to the maximum day demand of 11.7 gpm. Suf-
ficient storage must be provided to meet peak demands for a duration
of six (6) hours. This is equal to 8400 gallons of storage.
IRRIGATION
Irrigation water for lots in Filing No. 4 will be provided by a
distribution system (Separate from the Domestic System). The
source of irrigation water will be the Farmer's Irrigation Ditch.
Assuming that each lot had one irrigated acre and that 2' of
water where applied over an 180 day irrigation season, the average
day demand for irrigation water would be 57,900 gpd or 0.09 cfs.
EVIDENCE OF WATER RIGHTS
The developer owns sufficient shares in the Farmer's Irrigation Company
to provide irrigation water for Filing No. 4 as is evidenced by Certifi-
cate No. 922 which is included as a part of this Sketch Plan submittal.
With the use of septic tank and leachfields for wastewater disposal,
it is estimated that consumptive use for domestic water will be 25%.
Thus, total domestic consumptive use for Filing No. 4 is estimated at
1.57 A -F per year. Enclosed with this submittal is a copy of a deed
which shows the developer has water rights which allows (1) 6 acre feet
of consumptive use and has a date of appropriation of April 1, 1907
and (2) 4 acre feet of consumptive use and has a date of appropriation
of October 8, 1942.
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 1000 cisterns
located adjacent to the water main in the road right-of-way. Each
cistern will serve two lots and will be equipped with a tap and valve
off of the water main to facilitate keeping the cisterns filled.
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 Depart-
ment, 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.
• •
COSTS
Estimated construction costs for expanding the existing water system
to serve Filing No. 4 are presented below:
Item
WATER SYSTEM
UNIT COST
Unit Cost Cost
1. Well, Pump & Piping
2. 3000 L.F. 2" P.V.C.
3. Misc. Valves & Fittings
4. Cisterns
L. S.
$5.50/L.F.
L. S.
Total
8 @ $1000 each
$ 6,000.00
16,500.00
1,000.00
$23,500.00
8,000.00
• •
chen and associates, me.
CONSULTING ENGINEERS
SOIL. FOUNDATION 96 S. ZUNI • DENVER, COLORADO 60223 • 303/744-7105
1 N G I P E E R I N G 1924 EAST FIRST STREET • GASPER, WYOMING 82601 • 307/2554-2126
PRELIMINARY
ENGINEERING GEOLOGY AND SUBSOIL INVESTIGATION
ASGARD SUBDIVISION, FILING NO. 4
GARFIELD COUNTY, COLORADO
Prepared for:
MR. CHUCK BECKER
0225-266 ROAD
RIFLE, COLORADO 81650
Job No. 16,318 August 3, 1973
TABLE OF CONTENTS
CONCLUSIONS
SCOPE
PROPOSED DEVELOPMENT
SITE CONDITIONS
GEOLOGIC SETTING
SUBSOIL AND BEDROCK CONDITIONS
1
2
2
2
3
• Subsoils 4
Bedrock 4
GEOLOGIC CONDITIONS AFFECTING THE PROPOSED DEVELOPMENT !�
PROBABLE FOUNDATION TYPES 5
SITE GRADING 5
EXCAVATION f.
ADDITIONAL INVESTIGATION 6
FIG. 1 - LOCATION CF TEST PITS
FIG. 2 - LOGS OF TEST PITS
FIGS. 3 and 4 - SWELL -CONSOLIDATION TEST RESULTS
FIGS. 5 and 6 - GRADATION TESTRESULTS
TABLE l - SUMMARY OF LABORATORY TEST RESULTS
• •
CONCLUSIONS
(1) The proposed development of the subdivision is feasible from an
engineering geology and subsoil point of view.
(2) The extreme southern end of this site possesses very 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 overlying nil to more than 9 feet of very stiff, sandy clay
which is underlain by nil to at least 8 feet of dense clayey and
silty gravel tc the total depth investigated, 10.i feet. Bedrock on
the extreme southern End of the site consists predominantly of
sandstone which outcrops over most of this portion of the site.
(4+) Foundations for the proposed residences may consist of spread
footings placed on the natural soils or bedrock.
(5) The natural drainage of the site should be preserved.
(6) Cut and fill slopes in the natural soils should be stable at
inclinations no steeper than 2:1 (horizontal to vertical) for
heights up to 20 feet. These slopes should be well drained and
provided with vegetation to prevent erosion. Steeper or high
slopes, if required, should be studied on an individual basis.
SCOPE
• •
2 _
This report presents the results of a preliminary engineering
geology and subsoil investigation for the proposed Asgard Subdivision,
Filing No. 4 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 residences. The parcel consists of approximately 43.5 acres
which will be subdivided into 15 lots. The residences will utilize
individual water wells and sewage disposal systems.
SITE CONDITIONS
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 and 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.
• •
An irrigation ditch borders the southern portion of the east property
line to a point approximately 500feet 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 at the site.
Vegetation generally consists of sagebrush, pinion and cedar trees
and native weeds and grass.
GEOLOGIC SETTING
The site is situated on the southwestern side and adjacent to the
Grand Hogback monocline. This geologic feature, which forms a long,
prominent ridge, consists of Upper Cretaceous age sedimentary rocks of
the Mesa Verde Formation. Several stratigraphic units of sandstone,
shale and coal beds are present in this formation. From the crest of
the monocline, the beds of the Mesa Verde formation dip down steeply to
the southwest where they are overlain unconformably by the bedrock unit
which is present at the site.
The bedrock at the site of the proposed subdivision is claystone,
siltstone and sandstone of the Wasatch and Ohio Creek formations of
Tertiary age. Sandstone of either the Wasatch or the Ohio Creek forma-
tion outcrops on the very steep slopes 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 AidD BEDROCK CONDITIONS
Subsoils: The general shallow subsurface conditions a• t•,e Ota «•o:•0
investigated by excavating four test pits with e bacir!,oc, xev i ,yk oe
the pits are presented on Fig. 2. Subsoils are erra-ic ani v:.t,mt;s>, cf
about i foot of slightly organic, sandy clay topsoil overlylrr Ai!
more than 9 feet of very stiff, calcareous, sandy n y cla}' i, ;„rss,r'.' I a i m
by nil to more than 3 feet of dense, silty to clayey gravel. Mie
gravel contains a medium to large amount of sand and co:,t,;es wf s_,.,,6"
boulders. Subsurface conditions below iO.i feet, the maxis -41,t c"
investigation, were not observed.
Swell -consolidation tests were performed on undiszurtied satr.,,t of
the sandy clay and clayey sand. The results of these tests, st,o.r; on
Figs. 3 and 4, indicate that the sandy clay and clayey sant will con-
solidate moderately when wetted and loaded to typical residential
foundation pressures.
Figs. 5 and 6 show the gradation analyses of samples of the silty
and clayey gravel subsoils.
No free water was present in the subsoils encountered in the test
pits.
Bedrock: No bedrock was encountered in the test pits. The only Bedrock
observed were outcrops of sandstone in the southern portion of the site,
as previously discussed. It is likely that the bedrock underlying the
soils in the north and central portions of the site may consist o`
claystone, siltstone, and sandstone.
GEOLOGIC CONDITIONS AFFECTING THE PROPOSED DEVELOPMENT
It is our opinion that the only geologic conditions which .til
• •
5
affect the proposed development are the very steep slopes associated
with the outcropping sandstone of the Wasatch and 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
rockfal1, 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.
PROBABLE FOUNDATION TYPES
The most suitable and desirable type foundation for residential
structures at the site is spread footings. Spread footing foundations
may be placed on the natural soils below organic topsoil or on bedrock.
Maximum soil bearing- pressures for spread footing foundations will vary
from on the order of 1,500 to 5,000 psf. If claystone bedrock is
encountered at foundation grade in isolated areas, minimum 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 fill slopes at the site should be stable at inclinations no
steeper than 2:1 (horizontal to vertical) up to 20 feet high. Good
surface drainage and cover vegetation should be provided to protect
-6 -
man -made slopes. ,if higher man-made slopes are required, they should be
studied on an individual basis.
Ali 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 fill should
be placed in lifts and should contain no rocks larger than 8 inches in
diameter.
All of the on-site soils are suitable for general overlot fill and
road fill. rill 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. Good surface drainage away
from buildings should also be accomplished.
EXCAVATION
The subsoils can be excavated by medium to heavy duty conventional
excavating equipment. Sandstone bedrock will probably require blasting,
especially in confined excavations.
ADDITIONAL 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 soil -related construction
- 7 -
parameters. Individual sewage disposal systems should include percolation
test data as a part of their design.
MJP/med
CHEN AND ASSOCIATES, INC.
By ���✓J //� ' �iri
Reviewed By
arcus,2"Pardi, P. E.
Richard C. He north, P. E.
CHEN ANI) ASSOCIATES
TA Li E
SUMMARY OF LA E3 OR ATORY TEST RESULTS
TEST
PIT
DEPTH
(FE ET)
NATURAL
MOISTURE
(%)
1
2
4,5
9.0-10.0
7.2
2.0 1 10.5
5.0-7.0
3
4
NATURALORy
DENSITY LIQUID
!r(J). LIMIT
("/e)
5.5
1.5 10.3
IATTERRERG LIMITS
99.5
104.8
105.4
5.0-8.0
Ptit5TICITY
;tint. X
(1,0
26.9 10.1
28.0 NP
, -
33.0 NP
27.3 10.3_
I;N, ONE IN E GRADATION
OMPRES5IVF
5(rIENnTH -4
+4 .
(r,(..; F) +200 -200
-- —7=
68
53
19
26
52
23
64
_
13
21
Job No. 16,318
SOIL 1 fill
Sandy Clay
Very rlyClay
Sandy Clay
Slightly Silty,
Gravel
•
Sandy
Silty, Sandy .Gravel
Clayey Sand
25 . Clayey, Sandy
Gravel
•