HomeMy WebLinkAbout1.0 Application4e: GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.qarfield-county.com
RECEIVED
Special Use Permit
JUN 12 2003 GENERAL INFORMATION
GARFIELD COUNTY (To be completed by the applicant.)
BUILDING & PLANNING
> Street Address / General Location of Property: g /f3 3/Z ftc' 12
A/' IV d_As'r /_ ca,
,
y Legal Description: L c) T 3 /SAI (?- .3-1 L'L9I7i t/ j S'/ 0 4/
➢ Existing Use & Size of Property in acres: 7e--,/t'.-F51
`r Description of Special Use Requested: (7 /1 /; ,s -,.5,-,c tie \f
,v
0 tA1 r / 4/I 1ve., -
➢ Zone District: .41 (11 it )
),- Name of Property Owner: 3j=,i j�i�,7 Ar.. �- fj-J l-, %-/f'/, 1.-0,4.11.-0,4.1(7
Address: r/ j j 7/ ( 9 Telephone: 1iy9—/g c
b,,
City: /U h Ill e_i15/7 ' State: el 42 Zip Code: , Y7FAX: 9'F /—?, ,.<
> Name of Applicant (if other than owner):
➢ Address: Telephone:
City: State: Zip Code: FAX:
Doc. No.:
Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
• •
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is coact and accurate to the •est of my knowledge.
(Signature of applicant/owner)
Last Reed: 11/07/2002
rat amp. naAerezieir aver crire.vrer rnuxf • ✓cav ar rir r� rarer' e' W
+�+v r' A+I�•�. a.sr +. y�./ l„i J ..t. s vsl. 4 J.,„‘).. -.A 4 I 4
8153 CITY 'ROAD 312
COMMONWEAL IH TITLE #9912048.
LONG ACCOUNT
eT - ; v1 1n c, .nn....c rs....
w .Jvu;:/I fFA - - E.
(AREW1 R C(x r iTY, (rJ( HRA O.
TIT
Y
11
11
1N
SCALE 1" ADO'.
��� 439 �•
7-. h% I \
N ( j
.9ra
\ rperlf
177c6 .4--- f;), -- >
171fo!'c r::9
1)u)(' °r-1 C;-
(I^.>j T_
LOT
A e-
70, V 53.2'l
i (Ir_. How /1 f P‘. /0
WITH BASEWNTI •
75' I
+C -A.•13ri'1-
9
N
In
Q
A
�
S
ul
- J - A 4n t\N {
ZJV..I.I-
ACCESS ES#AT.
NAQ•d�'�fl'E .-
AYITF. A 1 OM CIID\fEY !S RFlY1►.riA[C}Y.�_
TO MOREVACCURATELY OETEJ.4'E
W ONG SETBACKS.
HEREBY COVEY TWIT 11115'PROVEN/3ft LOCATION CERTE1CATE WAS PREPARED FOR
THAT IT 15 NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PIAT. AND THAT IT 15 NOT TO 8E:13ELIED UPON FOR TW ESTARLISHI. HT
ANA- crly r d • raw_ ro Arra nm.oc. aaw,vc-urbfy1�An ; n TUrb rentrv, .00nyr.CNmy w ry , .K K � . p•W".-, I1,1
1 /S /2000
1/121uAlt . r -t -�" U1U1T wt.:ex:I ums. AIR tNUivaa..7 wRHEI THE BOOAREE OF THE PARCEL, EXCEJR AS
SHOWN, THAT THERE. ARE NO ENCROACHMENTS UPON THE OESCRBED PRE).Lg5 SY 111ROVEN NTS ON ANY ADJOINING PREMISES. EXCIPT AS
tLtCATEE. AND THAT TWEE 1S NO EVDENCE OR $Y•iJ OF ANY FASFYFNT CF(1RSPI: (1R WIillFN leAMY PART 11F CAII ?Awn_� cirEPT AS
- V./1WA50.1 fi ..A . Jrrig '1
. ,:v lr—
L°'E BM<
ry
I ifit' f 1• • ,�t� aX 1 17tJAAt FAY,
1. f",--41.," 4," • { SlO-443-37:7• 2,4V -443.4472,4V-443.447
1 ( { 2 1 SIRVFYrn RN .
1 ;-&�.
''�`� : 1412770 `. Lit {
1 r>,. e�' . til 1 .......
i` l
SUR v v r r r r.. s� r l tAAILYJG`
2754 cWAss YAIYi.
•
by �r II •••f Siff 145
GRAND „UNCTION, CO. W08
D ATE SURVEYED:
J.G.
1/5/2000
DAA
1/5/2000
S CALE:
1"=1Gu
APPLICATION SUBMITTAL REQUIREMENTS
Special Use Permit
June 2003
1. Application is being submitted by Bemie and Martha Long for an Accessory Dwelling Unit on
Lot 3, Longs Subdivision. This unit will be rented and occuppied by our son, daughter in law and
grandson. Included is a description of the unit (see item "3") that will be placed on the property.
Number of vehicles using the road access will be two, daily. Existing structure is our primary
residence and a barn. Electricity will be provided by Holy Cross Electric, a pole being in close
proximity. A Water Augmentation Plan has been approved in conjunction with the intent to
develop a spring and a holding tank if necessary for household and landscape use. A septic tank
will also be installed according to the county's specifications.
a) Our lot is 7 acres with slopes less than 40% where the accessory dwelling will be located. (See
topography map. Attachment 1 A amount of ownership. For 40% see section 2. for topography
map.
b) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (see
measurements taken) Attachment 1 B ‘,3
c) Approval from the subdivision home owners association and /or allowed by covenant if
applicable. See Covenants Article 4, Section 4.3 Attachment 1C
d) Proof of a legally adequate source of water for an additional dwelling unit. Attachment 1 D
e) Compliance with the County individual sewage disposal system regulations or proof of a legal
ability to connect to an approved central sewage treatment facility. See Garfield County Building
and Sanitation Department Procedures required for compliancd with the Garfield County Sewage
Disposal regulations. A septic tank and appropriate leech field will be installed.
f) Only leasehold interests in the dwelling units are allowed. Unit will be leased or rented by our
son and family.
g) All construction will comply with the appropriate County building code requirements. (A.95-
076)
2. A topography map of our property has been submitted.
• •
3. Mineral Rights. See print out from Assessor's office showing no mineral rights currently
owned.
4. Please submit a statement that specifically responds to each of the following criteria from
Section 5.03 of the Zoning Regulations:
1) Utilities adequate to provide water and sanitation. Water - see attachment 1 d. Spring
will be developed. Appropriate septic tank and leech field will be developed. Soils
test, etc were performed when Long's Subdivision was granted.
2) No street improvements will be necessary as the current access will be used off the
county road 312.
3) Very minimal impact will be created to the neighborhood by this Accessory Dwelling
Unit. Normal landscape and fence around the yard.
2)
MAR -26-2003 03:25PM FROM-GARFIELD COUNTY ASSESSOR'S OFFICE +19709453953 T-570 P.004/004 F-452
VIN
GWCA21L22934AB
TAXABLE VALUE
50,284
YR MAKE BODY
1996 GOL MH
PREV.TITLE
24E364208
DATE PURCHASED DATE ACCEPTED
04/04/1997 01/07/1998
OWNER
BELL COUNTY HOMES INC
FIRST LIENHOLDER
PITKD1 COUNTY BANK&TRUST
218 E VALLEY RD #108
CARBONDALE CO 81623
SECOND UENHOLDER
PITKIN COUNTY BANX&TRUST
218 E VALLEY RD #108
CARBONDALE CO 81623
3R0 LIEN RECA
REMARKS: REPIN
IRAN CODE: ADD LIEN TITLE
OPERATOR: MAE TRM ID: 2408 BRANCH:
LESSEE:
LEG. ADD.: 6385 COUNTY RD 335
NEW CASTLE CO 81647
PO BOX 229
NEW CASTLE
PO BOX 229
NEW CASTLE
4TH LIEN REC.Y
REG. ADD.:
TTL. ADD.:
FUEL
CWT/PA5 ODOMETER TITLE NO.
24E371495
25X56 N/A
RECBIDATETIME
000151868
07/30/1997
08:38:33
RECO/DATE/TIME
153448
01/07/1998
08:49:43
PRV_TRN:
AMT/MAT DATE/EXT DATE
185,000.00
05/29/2002
AMT/MAT DATE/EXT DATE
75,000.00
12/16/1998
DATE DUPIJCATE ISSUED
Dom
ADD LIEN TITLE
00 TRANDT: 01/07/1998TIME: 08:51:57
CO 81647
CO 81647
APPLICATION FOR DUPLICATE
COLORADO CERTIFICATE OF TITLE
I affirm under penalty ofpe,;'try in the
second degree that the title for this vehicle:
has been lost or destroyedg
is subjec only tolthne liien(transferred
h
) shown d
will be issued to me as:
1 1 owner .
nagent
n Iienholder
AND, I understand that:
the duplicate title will be the only valid
certificate of the title: the original and any
previously issued title(s) will be void.
X
Owner or Agent Signature
DATE
TA9NAL
COA GVW BUSDATE
24 01/07/1998
TYPE PLATEN
TITLE RECEIPT ONLY
MODEL SERIES HVUT
PURCH. PRICE TAX CLASS
50284.00
MSRP
50,284
FLEET A UNIT tr
KIEV. EXPIRE
EXP.DAT6
SHORT CHECK EMM
DEALER # HC DATE
HI GVW
TITLE FEE
PRIOR or
OWN. TAX
UC. FEE
STATE TAX
RTD TAX
CNTY TAX
CITY TAX
DISTRICT
TITLE OTHER FEE
SPEC FEE
REG OTHER FEE
CR DT
CR LIC. FEE
EM. FEE
TOTAL
5.50
0.00
0.00
0.00
0.00 P
0.00
0.00 P
0.00 P
0.00
26.00
0.00
0.00
0.00
0.00
0.00
31.50
L
APPLICATION OR COLORADO
CERTIFICATE OF TITLE FOR A
MOT_ OR_V_EHI_C1,
I affirm under penalty of perjury in
the second degree that the facts on
the face of this document are true
and correct to the best of my
knowledge; and that the motor
vehicle described is subject only to
the lien(s) noted.
X
Owner or Agent Signature
DATE
*NO FEES*
5
v Oa.OU
E-470:
L2: P1
MILES
N/A
ADDONS
DIESEL:
EMISSION:
E470:
HIGHWAY:
MEDICAL:
N
N
N
N
N
M/C N
-->
C nceF STR
Owner I /Address
Account /' LONG, BERNARD R & MARTHA L
R170412 /
Year
2003
Distric
017
Apr Dist 1St
A
8153 COUNTY ROAD 312
NEW CASTLE CO 81647
32-6-90
Parcel Number
2183-321-01-003
MH Space
Seq
Street No
008153
Dir
No#
Street Name
312 COUNTY
Type
RD
Location City
NEW CASTLE
? Location Zip
81647
Acct Type
Lagt
BACode
Owner Id
Owner Location
Map No
Legal Description
SECT,TWN,RNG:32-6-90 SUB:LONG SUB LOT:3 BK:0514
PG:0046 BK:0608 PG:0173 BK:0867 PG:0705 BK:1071 PG:0965
BK:1166 PG:801 PRE:R017200
Business Name
Name Tax Items Protest (T) CAMA (A)
Situs Pre/Suc Mobile Auth Personal (P)
Mobile Remarks Value Oil and Gas
Tract Tax Sale Recording
Condo Spc Asmt Control Imaging
Block Mines History
Sales Sibling PPCertLtr Sketch
Misc (N Flags Exemption
Version
20030407000
TYPE
RESIDENTIAL
TOTAL
STREET
V. Date
07 -APR -2003
ACTUAL
Queries
Time
08:23 AM
ASSD
ID
456,510 36,340
Appl
ACRES
6.912
New Version
20030625000
SQ FT
Inquiry Only
Clear
Exit
4111.4
"w" r1 Pr•w=it ,lam' �I iii '
gt�c�Rr�ar_�.�.r�
GRAOMaaV
xossassv aixnoo
— — — —
WL
wL
W
w
O
1
(0
0
NJ
0
.'WT
...................................................
A71,
iJ
CO
0 0
{
{
{
0
00
tV
GJ
•...••..t.AIMMI................. ...Mi
•
•
N i N
•• • rvr• •••••••••-•-•-•-•-•-• � rw •"•-•-•"•••-• vw.w• • . C ,••w.Ve. * *•-.•vrr.-.vvv-•.•,...,.-....
T
•
....................•••••y.......
i
•
ttl
0
0
a
I G—D
0
bJ
0
•
•
G
•
G
N
CD2
YYYYYYYxYYYYYYYYYYYYYYYYKYZ(YXYX
{
---T---
— —
2—.
I—G-
CW
o.,,,+h�a�.Y
Manufacturer Address
GOLDENWEST IIOMES
SOUTHERN CALIF. DIVISION
3100 N. PERRIS BLVD.
PERRIS, CA 92571
Plant Number
Date of Manufacture HUD Label No.(s) RAD 806445A
01-24-95 RAD 806446B
01
Manufacturer's Serial Number and Model Unit Designation
GW 01 CAL VW 22004 A/B VW 66001F Bell Country
Design Approval by (D.A.P.I.A.)
RADCO
This nlanulactured home is designed to comply with the federal manufactured hone
construction and safety standards in force at time of manufacture.
(For additional information, consult owner's manual.)
The factory installed equipment includes:
Equipment
For heating
For air cooling
For cooking
Refrigerator
Water Heater
Washer
Clothes Dryer
Dishwasher
Garbage Disposal
Fireplace
Smoke Detect.
Thermostat
Manufacturer Model Designation
MGHA-070ABFC-02
Intertherm
N/A
Tappan
GE
Rheem
20 Amp
30 Amp
GE
30-2251
ThX16SYXGLWH
21V40T
Only
Only
GSD5 0 0T-G4WA
N/A
N/A
Fyrentics 1275E
Intertherm CMG5
HOME CONSTRUCTED FOR Zone 1
Er 0 Zone II Ei Zone III
This home has not been designed for the higher wind pressure and anchoring provisions required for
ocean/coastal areas and should not be located within 1500' of the coastline in Wind Zones II and III, unless
the home and its anchoring and foundation system have been designed for the increased requirements
specified for Exposure D in ANSI/ASCE 7-88.
This home has_has not_Xeen equipped with storm shutters or other protective coverings for windows
and exterior door openings. For horses designed to be located in Wind Zones It and III, which have not been
provided with shutters or equivalent covering devices, it is strongly recommended that the home be made
ready to be equipped with these devices in accordance with the method recommended in manufacturers
printed instructions.
111
ZONE 1
illpillEKTKIIII*
Wi" ' liNi°
HI 4Z>111
ZONE II .I
r
BASIC WIND ZONE MAP
ZONE III
ZONE 11
ZONE 111
DESIGN ROOF LOAD ZONE MAP _XX North 40 PSF
South
Middle 30 PSF Other
20 PSF
PSF
NORTH
MIDDLE I= \ MIDDLE
NORTH
COMFORT HEATING
This manufacture has been thermally insulated to conform with the requirements
of the federal ma red home construction and safety standards for all locations
within U/O value zone 3 (See map at bottom)
Heating equipment manufacturer and model (see list at left).
The above heating equipment has the capacity to maintain an average 70" F temperature in
this home at outdoor temperatures ofA 7 nF
To maximize furnace operating economy, and To conserve energy, it is recommended that this
home be installed where the outdoor winter design temperature (97 1/2%) is not higher than
-12 degrees Fahrenheit.
The above information has been calculated assuming a maximum wind velocity of 15 mph al
standard atmospheric pressure.
COMFORT COOLING
❑ Air conditioner provided at factory (Alternate I)
Air conditioner manufacturer and model (see list at left).
Certified capacity B T U./hour in accordance with the appropriate
air conditioning and refrigeration institute standards.
The central air conditioning system provided in this home has been sized assuring an
orientation of the front (hitch end) of the home facing On this basis the
system is designed to maintain an indoor temperature of 75- F when outdoor
temperatures are °F dry bulb and °F wet bulb.
The temperature to which this home can be cooled will change depending upon the
amount of exposure of the windows of this home to the sun's radiant heat. Therefore, the
home's heat gains will vary dependent upon its orientation to the sun and any permanent
shading provided. Information concerning the calculation of cooling loads at various
locations, window exposures and shadings are provided in Chapter 22 of the 1989 edition
of the ASHRAE Handbook of Fundamentals.
Information necessary to calculate cooling loads at various locations and orientations is
provided in the special comfort cooling information provided with this home.
lift Air conditioner not provided at factory ( Alternate II)
The air distribution system of this hone is suitable for the installation of central air
conditioning.
The supply air distribution system installed in this home is sized for a manufactured home
central air conditionings stem of upto 63, 500
B
Y r, rated capacity which are
certified in accordance with the appropriate air conditioning and refrigeration institute
standards, when the air circulators of such air conditioners are rated at 0.3 inch water
column static pressure or greater for the cooling air delivered to the manufactured home
supply air duct system.
Information necessary to calculate cooling loads at various locations and orientations is
provided in the special comfort cooling information provided with this manufactured home.
0 Air conditioning not recommended (Alternate III)
The air distribution system of this home has not been designed in anticipation of its use
with a central air conditioning system.
To determine the required capacity of equipment to cool n home efficiently and ecunomic.Jly.
a cooling load (heal gain) calculation is required. The cooling load is dependent on the onenta
tion, location and the structure of the home. Central air conditioners operate most efficiently
and provide the greatest comfort when their capacity closely approximates the calculated
cooling load. Each home's air conditioner should be sized in accordance with Chapter 22 if
the American Society or Heating, Refrigerating and Air Conditioning Engineers (ASHRAE1
Handbook of Fundamentals 1989 edition, once the location and orientation are known.
INFORMATION PROVIDED BY THE MANUFACTURER
NECESSARY TO CALCULATE SENSIBLE HEAT GAIN
Walls (without windows and doors)
Ceilings and roofs of light color)
Ceilings and roofs of dark color
Floors
Air ducts in floor
Air ducts in ceiling
Air ducts installed outside the home
The following are the duct areas in this home:
Air ducts in floor 165.0
sq rt.
Air ducts in ceiling --- sq ft
Air ducts outside the home sq 11
u 0 057
0.0306
�., 0.054
�.. 0.104
�.. 0.227
78.5
U/O VALUE ZONE MAP
MA
RI
CT
NJ
DE
MD
ZONES U -VALUES
0.116
0.096
0.079
P. ArO '1
C toys g7 -5-
1
7-s
/
{
.r t
Li 6
ur,L1
6( 41
I
e J
c
4/ 0'
-� 4\ ��' n�
ZOO/ZOO'd LL£#
4/ rb-0?�Ne
SM'VOI 'IVI02i9W00 NNKH 31,1Id`ni 96ZZ 9176 OL6 £Z:ZT £OO,TO''Inf
iJ
• •
STA LN OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION 5
Office of the State Engineer
Department of Natural Resources
P 0 Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 945-8741 (call first)
August 8, 2003
Fred Jarman
Senior Planner
RECEIVED
AUG 11 2003
GARFIELD COUNTY
BUILDING & PLANNING
Garfield County Building and Planning Dept.
108 8th street
Glenwood Springs, CO 81601
Re: Long/Alderson Augmentation Plan
Dear Mr. Jarman,
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson
State Engineer
Alan C. Martellaro
Division Engineer
It has come to our attention that Mr. Bernard Long will be submitting an application for an ADU on
his property on Garfield Creek. The Division of Water Resources has the following concerns
regarding this application.
Mr. Long outlined his water supply for this ADU in Water Court Case # 01CW183. This application
describes the Long Alder Spring as the primary source of water for the proposed ADU. The water
application (01CW183) was approved with the condition that Mr. Long provide an augmentation plan
for out of priority depletions to Garfield Creek. Specifically the augmentation plan calls for a small
pond with a capacity of 0.5 acre feet to be filled early in the year in priority and released later in the
summer to provide augmentation. The pond is constructed but does not hold water therefore the
augmentation plan is not operational at this time. The water source for the proposed ADU will be
vulnerable to being shut off when the stream is on call unless the augmentation plan is operational.
Sinc
ichael Craig
Water Commissioner istrict 45
Cc: Alan Martellaro, Division Engineer
John Sikora, Assistant Division Engineer
TABLE II •
POND AND LAKE EVAPORATION
NAME: LONG/ALDER POND JOB NO. 568-2.0
ELEVATION: 7300 FEET
MEAN ANNUAL EVAPORATION: 40 INCHES
POND (RESERVOIR) SURFACE AREA: 0.07 ACRES
MONTH
GROSS
EVAP.
RATE
AVERAGE
PRECIP.
EFFECTIVE
PRECIP.
NET
EVAP.
RATE
POND
EVAP.
(1)
(2)
(3)
(4)
(5)
(INCHES)
(INCHES)
(INCHES)
(INCHES)
(A.F.)
JANUARY
0.40
1.44
1.01
0.00
0.000
FEBRUARY
1.20
1.10
0.77
0.43
0.003
MARCH
2.40
1.40
0.98
1.42
0.008
APRIL
3.60
1.52
1.06
2.54
0.015
MAY
5.00
1.50
1.05
3.95
0.023
JUNE
6.20
1.25
0.88
5.33
0.031
JULY
6.40
1.31
0.92
5.48
0.032
AUGUST
5.20
1.31
0.92
4.28
0.025
SEPTEMBER
4.40
1.67
1.17
3.23
0.019
OCTOBER
3.00
1.70
1.19
1.81
0.011
NOVEMBER
1.60
1.19
0.83
0.77
0.004
DECEMBER
0.60
1.46
1.02
0.00
0.000
TOTAL
40.00
16.85
11.80
29.24
0.171
(1.) MONTHLY DISTRIBUTION OF GROSS ANNUAL EVAPORATION RATE IN ACCORDANCE WITH SEO
GENERAL CRITERIA
(2.) MONTHLY PRECIPITATION FROM GLENWOO SPRINGS WEATHER STATION.
(3.) 70% OF COLUMN 2.
(4.) GROSS EVAPORATION LESS EFFECTIVE PRECIPITATION. (1.) - (3.)
(5.)TOTAL RESERVOIR EVAPORATION
7/27/01 Reasource Engineering, Inc
1 111111 IIIIII 00 11111 1111111 11111 111 11111 111
527544 /24/1998 03:07P 81074 P583 M ALSDORF
1 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
THE LONG SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE
LONG SUBDIVISION is made this Ort.day of (f lQ 1998, by BERNARD R. LONG and
MARTHA LONG and KEVIN J. LONG (hereafter, coil ively the "Declarant").
ARTICLE 1
DECLARATION - PURPOSES AND EFFECT
1.1 General Purposes. Declarant is the owner of real property in Garfield County, Colorado
described on Exhibit A attached hereto (hereinafter defined as and referred to as the "Property"). Declarant
desires to submit the Property to this Declaration in order to provide for the use, operation, administration and
maintenance of certain facilities or functions common to the use or benefit of the Property.
This Declaration establishes certain rights and obligations with respect to the Property for
the Declarant and all present and future owners of the Property. Declarant intends that such owners,
mortgagees and any other person or entity now or hereafter acquiring any interest in the Property shall hold
their interests subject to the rights, privileges, obligations, and restrictions established by this Declaration. All
such rights, privileges, obligations and restrictions are declared to be in furtherance of a plan to promote and
protect the value, desirability and attractiveness of the Property as a rural subdivision community.
1.2 Declaration. Declarant hereby submits the Property, together with any water or ditch
rights historically associated with the Property which are owned by the Declarant or any one of them and
together with all interest of Declarant in and to that certain Well Permit (Well Permit Number 168645), to this
Declaration, and replaces any prior effective declarations, and declares that the Property shall at all times be
owned, used or occupied subject to the provisions of this Declaration, and the provisions of the Plat which is
incorporated herein by reference, which provisions shall constitute covenants running with the land and shall be
binding upon and inure to the benefit of Declarant and any person or legal entity acquiring any interest in the
Property.
ARTICLE 2
DEFINITIONS
The terms listed below, as used in this Declaration, shall have the meanings set forth as follows:
2.1 "Association" means the Long Subdivision Owners' Association, a Colorado unincorporated
non-profit association pursuant to C.R.S. 7-30-101 et seq., and its successors and assigns, agents and employees
(hereafter "LSOA" or the "Association") through which all Owners of Lots within the Subdivision act as a
group under their governing documents and this Declaration. The Association shall be deemed to exist as of
the date of the first conveyance of a Lot by the Declarant.
2.2 "Common Areas" means:
(a) any real or personal property, including without limitation (i) the roads and private
roads. (ii) all water and ditch rights historically used upon the lands subject hereto, and (iii) that certain well
permit (Permit No. 168645), owned. leased or maintained by the Association for the use, enjoyment and benefit
of all of the Owners, except as hereinafter may be specifically defined and described otherwise:
111 111 111111 1111 11111 1111111 11141111 HIII 1111
527 06/24/1998 03.07P B1074 P584 M ORF
2 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
(b) any and all real property identified as Open Space on the Plat of the Subdivision, or
any subsequent amendment thereof.
2.3 "Common Facilities" means any and all facilities or systems owned by the Association
including, but not limited to, domestic water and irrigation storage and delivery systems. and other utility
distributions mechanisms.
2.4 "Board" or "Executive Board" means the governing board of the Association.
2.5 "Bylaws" means the governing document of the Association adopted and amended by the
Board of the Association from time to time.
2.6 "Common Expenses" means the estimated and actual expenditures made or liabilities
incurred by or on behalf of the Association, together with any allocations to reserves.
2.7 "Declarant" means Bernard R. Long, Martha Long and Kevin J. Long and their successors and
assigns specifically identified as such by an instrument executed by said Declarant and recorded in the office of
the Clerk and Recorder of Garfield County, Colorado.
2.8 "Declaration" means this Declaration of Covenants. Conditions and Restrictions for the
Subdivision, as may be further amended from time to time.
2.9 "Unit" means each residential dwelling unit together with the real property appurtenant
thereto within the Subdivision, as shown on the Plat, or as shown upon any resubdivision plat hereafter
recorded in the office of the Clerk and Recorder of Garfield County, Colorado.
2.10 "Maintenance" means such operation, management, maintenance, repair, renovation,
restoration, or replacement of any property as may be necessary to maintain such real property in substantially
the same condition as originally or subsequently constructed, altered or improved including the removal of
snow as necessary for customary use and enjoyment.
2.11 "Mortgage" means any mortgage, deed of trust or other security instrument creating a real
property security interest in the Common Areas. or any part thereof, or in any Lot, excluding any statutory, tax
or judicial liens. "Mortgagee" shall include any grantee, beneficiary or assignee of a Mortgage, and
"Mortgagor" shall include any grantor, trustor or a Mortgagee. First Mortgagee means a Mortgagee having
priority as a Mortgage against the property thereby but only if the Mortgagee of such Mortgage claims in a
written notice delivered to the Association.
2.12 "Owner" means the person or legal entity holding fee simple title to a Unit. Said persons or
entities may be referred to collectively as the "Owners".
2.13 "Plat" means the Plat of the Long Subdivision. Said Plat having been recorded in the office
of the Clerk and Recorder of Garfield County, Colorado, on as Reception No. , as the same
may hereafter be amended.
2.14 "Property" means the real property described in Exhibit A attached hereto.
2.15 "Rules and Regulations" means those rules, regulations and requirements, if any, imposed by
the Association on the Owners and occupants of Lots in the Long Subdivision.
2.16 "Subdivision" means the Property, including Common Areas. the Common Facilities and all
other benefits and attributes attendant to said Property as set forth upon the Plat. any amended plat and within
this Declaration.
2
111111 i 111111111111111111111111111111111111
27544 4/1998 03:07P B1074 P585 M ALSD
3 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
2.17 "Subdivision Improvements Agreement" shall mean the agreement, if any, between
Declarant and the County of Garfield, Colorado, pertaining to the development of the Subdivision.
2.18 "Single Family" shall mean (i) any group of two or more persons directly related by blood or
marriage, or (ii) two or three persons unrelated by blood. marriage or adoption, or (iii) a single individual.
ARTICLE 3
PROVISIONS APPLICABLE TO THE PROPERTY
3.1 Use. The use of the Property, including use of the Common Areas and Common Facilities,
shall comply with the provisions of this Declaration and of any and all Rules and Regulations adopted by the
Association for the use of the Property.
3.2 Firearms. The discharge or shooting of firearms is prohibited, except as may be permitted
by rules and regulations promulgated by the Association.
3.3 No Mining Drilling or uarrytng. No mining, quarrying, tunneling, excavating or drilling
for any substances within the earth, including oil, gas, minerals, sand and gravel, shall be permitted.
3.4 Noxious or Offensive Activity. No noxious or offensive activity or sound shall be carried on
upon any portion of the Property at any time nor shall anything be done or permitted which may become a
nuisance to, or unreasonably disturb, the Owners or adjacent property owners, or be injurious to the reputation
of the Property.
3.5 Restriction on Number of Dogs. Each Unit within the Subdivision shall be permitted to
keep no more than one (1) dog at a given time. Each dog kept on a given Lot within the Subdivision shall be
confined, at the subject Lot Owner's duty and expense, within the confines of the legal boundaries of said Lot.
Each Owner of a Lot within the Subdivision shall have the right to enforce the restriction set forth in this
Section 3.5, and shall be entitled to recover any costs, including a reasonable attorney's fee, in the event that
legal action is required to enforce this covenant. It shall be a right of the objecting Owner to seek an order of a
court of competent jurisdiction.
3.6 Reservation of Rights to Declarant. In order that the Declarant's work may be completed
and the Property may be established as a fully developed community, Declarant reserves the following rights
with respect to the Property (including the Common Areas, Common Facilities, and the Units), which rights
shall be reserved to and remain vested in Declarant for five (5) years from the recording date of this
Declaration, without restriction as to the order thereof, notwithstanding the conveyance of the Common Areas
or Common Facilities by Declarant to the Association or the conveyance of the Units by Declarant to any other
persons or entities:
(a) The right of Declarant, and its agents, employees and contractors, to enter upon the
Property of the Subdivision and to do whatever the Declarant deems necessary or advisable in connection with
the performance of the work to be performed by said Declarant for the complete development of the
Property, including, without limitation, the construction and installation of drainage and irrigation facilities,
the installation of all utilities including trash storage and removal, the construction of all roads, the grading
and landscaping of the Property, the construction of all other improvements to be constructed by Declarant.
the erection or placement of temporary structures and the temporary storage of materials and fill dirt as may be
reasonably necessary to facilitate the development of the Property, and the placement of such sign or signs on
the Property by the Declarant as the Declarant may deem advisable in connection with the sale of, development
of or construction on the Units.
3
52111111ni �111111111 ,1111111 ,piiii1111 iiiIl
w
4 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
(b) The right of Declarant to develop and create single family residential units,
(hereinabove defined as "Units") within the Subdivision, in compliance with all applicable Garfield County
regulations by the recording of this Declaration and the Plat map defining the Lots, the common elements, if
any. the allocation of interests in and to the common elements, in accordance with Paragraph 5.1 hereof, and to
create the Owners' association described above to govern, own and manage and maintain the common elements
of the Subdivision pursuant to applicable laws.
ARTICLE 4
PROVISIONS APPLICABLE TO THE UNITS
4.1 Residential and Agricultural Use. Each Lot shall be used only for single family residential
purposes, appropriate and reasonable outbuildings, and such accessory agricultural uses as may be permitted by
the applicable zoning regulations of the County of Garfield, Colorado.
4.2 Compliance with Declaration. All buildings and other improvements constructed as or
upon the Property, and the use thereof, shall comply with the provisions of this Declaration.
4.3 Approval of Structures. No permanent improvement shall be made to any Lot by an Owner
without (i) compliance with this Declaration; and (ii) a building permit issued by Garfield County, Colorado,
the application for which shall require a drainage plan and the construction thereof which is consistent with the
then current applicable County requirements.
4.4 Utilities.All individual septic disposal systems, water, gas, electrical, telephone, cable
television and other utility pipes or lines solely within the boundaries of an individual Lot and providing no
benefit to any other Lot shall be the exclusive responsibility of the owner of said Lot.
4.5 Impairment of Drainage. No Owner shall do anything which shall impair or adversely affect
the natural drainage of the Property, or divert drainage water unto another Lot, or deprive any other Lot of its
natural drainage course
4.6 No Subdivision. The Property is intended to used for the development of only single family
units and agricultural uses. Declarant or any owner of a Lot within the Subdivision may further subdivide the
existing Tots of the Long Subdivision only with approval of, and in accordance with, the requirements of the
Land Use Regulations of Garfield County, Colorado. Except as aforesaid, no Owner, other than Declarant shall
subdivide such Owner's Lot into smaller units or convey or encumber in any less than the full dimensions
thereof as shown on the Plat or any amended plat recorded prior to said Owner's acquisition of a Lot.
4.7 Private Roads. The Declarant has, at Declarant's cost, constructed the internal private roads
providing each Lot within the Subdivision with access to a public way as shown on the Plat. Hereafter, the
costs of the maintenance and repair of such commonly used private roads, including snow removal, shall be
payable by the Owners through the Association by assessment. Provided, however, that any Lot owner may, at
said Lot Owners sole expense, upgrade, improve, widen, pave or otherwise enhance the internal private roads
of the Subdivision (i) within the boundaries of such Owner's Lot, or (ii) outside the boundaries of such Owner's
Lot upon approval of the Association.
4.8 Emergency Access Easement. A nonexclusive easement for ingress and egress is hereby
granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies of persons, now
or hereafter servicing the Subdivision and its residents, to enter upon all roads, private roads, and driveways
located in the planned community, and on any property in the Subdivision in the lawful performance of their
duties.
4
111111 i 1111 11111 n 527544 /24/1998 03:07P B1074 P587 M ALSD
nil
5 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
4.9 Easements. The Lots shall be subject to the easements shown and described on the Plat and
to such further easements as are provided for and/or authorized in this Declaration; specifically an easement for
the Declarant or the Association, their contractors or laborers. to enter upon the Property for purposes of
maintenance. if such maintenance is determined by the Declarant or the Association to be necessitated by the
Owner's neglect. Primary access to Lot 2 of the Long Subdivision shall be through the Access Road identified
on the Plat in the northwestern section of the Subdivision; primary access to Lots I and 3 of the Long
Subdivision shall be directly to County Road 312 at that Driveway Access point either existing and identified
on the Plat or later designated by Garfield County; the easements herein described are hereby limited in scope
to ingress and egress purposes only.
4.10 Signs. Other than signs of reasonable, standard size and format which advertise the sale or
rental of a particular Lot or Unit, no signs, billboards or other advertising structure of any kind shall be erected,
constructed or maintained on any part of the Property, for any purpose whatsoever, except such signs as have
been approved by the Association, either for identification of residences or other approved uses and except as
are in compliance with the regulations of Garfield County, Colorado.
4.11 Trash. No trash, ashes, abandoned vehicles or other such items or other refuse shall be
thrown or dumped anywhere on the Property. The Property shall be maintained in a clean and sanitary
condition.
4.12 Temporary Structures. No temporary structure, excavation, basement, trailer or tent shall
be permitted on the Property, except as may be determined to be necessary during construction and specifically
authorized by the Association and by Garfield County, in writing.
4.13 Nuisance. No noxious or offensive activity shall be carried on any part of the Property, or
within or about any Unit, or on the Common Areas, nor shall anything be done or permitted which shall
constitute a public nuisance therein.
4.24 Damage by Owners. Each Owner is responsible for any damage caused to roads, ditches,
fences, trails, natural draining courses, utilities, Association property, or to other Units, or property thereon
during the construction of improvements upon his land by any vehicle belonging either to him or anyone using
the roads while engaged in any activity benefiting the Owner. Each Owner shall also be responsible for any
damage caused by utility cuts in roads, washouts and runoff damage caused by failure to properly install
culverts. and to repair any such damage in a timely manner.
4.25 Fireplaces, Stoves and Fuel Burning Appliances. No open hearth solid fuel fireplaces
shall be permitted to be constructed within any Unit after the date of this Declaration. One (1) new solid -fuel
burning stove as defined by C.R.S. 25-7-401, et. seq., and the effective regulations promulgated thereunder,
may be used or constructed within a Unit. Each Unit is permitted to utilize an unrestricted number of natural
gas burning stoves and appliances.
4.26 Exterior Lighting. All exterior lighting used or installed on a Unit shall be limited to
the minimum amount necessary under the circumstances. Such exterior lighting, if any, shall be installed and
constructed in a manner directing the light inward, toward the interior of the Subdivision, provided, however,
that provisions may be made to permit safety lighting which may extend beyond the limits of the Subdivision.
ARTICLE 5
PROVISIONS APPLICABLE TO THE COMMON AREAS
5.1 Allocation of Interest. Each of the three (3) Lots within the Long Subdivision is allocated
a 1/3 fractional interest in the Common Areas; provided, however, that the Association shall allocate irrigation
water rights from the Williams Ditch No. 2 on the basis of historical use. In the event that any Lot is
5
1111111 IIIIII 1111 11111 1111111 11111 111 11111 Il 1
527544 24/1998 03:07P 81074 P588 M ALSD
6 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
resubdivided and separately conveyed as two (2) Lots, each Owner of a re -subdivided Lot shall be allocated a
1/6 fractional interest in the Common Areas. The respective fractional interest of each Owner in the Common
Areas shall be subject to this Declaration and the Bylaws of the Association as may be amended from time to
time, for the purpose of governing the management of the Subdivision upon completion. The combined
fractional interests of all the Owners shall equal one (1). The specific elements of allocation include: (i)
domestic and irrigation water rights, well rights and ditch rights, including decrees, permits or other legal
evidence of said rights and ownerships; (ii) all water supply storage and distribution structures; and (iii) all
existing utility lines and easements benefiting the Subdivision.
5.2 Benefit of Owners. The Common Areas as shown on the Plat, including pre-existing access
easements. ditch easements, water storage easements, utility easements, Well Permit # 168645 and the like shall
be maintained and managed by the Association for the benefit of the Owners for the uses and purposes set forth
in this Declaration. Appurtenant to each Lot shall be a nonexclusive easement to use the Common Areas,
subject to the right of the Association to reasonably limit and regulate the use of the Common Areas by the
Owners.
5.3 Development. The Common Areas shall be developed in accordance with the requirements
of Garfield County, Colorado and as set forth on the Plat, in this Declaration, and in recognition of all of the
easements now and hereafter granted with respect thereto.
5.4 Easements. The Common Areas shall be subject to the easements as shown on the Plat and
to such other and further easements as are provided for and/or authorized in this Declaration. The
Association, upon acquiring ownership of the Common Areas, shall have the right to grant easements with
respect thereto, either public or private, in furtherance of the intents and purposes of this Declaration.
5.5 Compliance with Law. No Owner, his lessees, nor his family members and guests, shall do
anything, or keep anything, in or on the Common Areas which would be in violation of this Declaration, or any
statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental or
quasi -governmental body.
5.6 Obligations for Maintenance and Management. Except for those obligations to be
performed by Declarant with respect to the development of the Common Areas and Common Facilities, the
Association, upon acquiring ownership of the Common Areas and Common Facilities, shall assume and
perform all obligations for the Maintenance of the Common Areas, and other areas of the Subdivision, as
provided for in this Declaration, and Declarant shall automatically be released from said obligations. Such
maintenance responsibility may be delegated by the Association to third parties subject to the terms of the
Bylaws of the Association.
5.7 Conveyance of Common Areas and Common Facilities to Association. As early as is
legally permitted, but in no event later than upon the separate ownership of fifty percent (50%) of the Lots as
contemplated hereby, Declarant shall convey ownership of the Common Areas and Common Facilities to the
Association as defined in this Declaration, together with all rights and easements appurtenant thereto and
specifically including the water and ditch rights described above and Well Permit # 168645, to the
Association, subject to this Declaration and all reservations, exceptions, easements and restrictions
pertaining thereto, but free from all monetary liens except the lien for general real estate taxes for the calendar
year of such conveyance. Such conveyance shall be made without monetary consideration and may be made
from time to time either before or after Declarant has constructed the improvements thereon to be constructed
by Declarant or his assigns pursuant to the County of Garfield's requirements and as set forth upon the Plat or
elsewhere provided for herein.
5.8 Release of Declarant's Obligations. Upon the transfer of the Common Areas and Common
Facilities by Declarant to the Association, Declarant shall automatically be released of its obligation for the
construction of the improvements on the Common Areas and Common Facilities.
6
1111111 hIill 11111111111111111 III 111111111 IIII•
527544 06/298
03 07P B1074 P589 M ALSDORF
7 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
5.9 Private Road Easements. All roads as shown on the Plat, exist to provide access to, and
are for the exclusive use and benefit of, the Lots of the Subdivision accessed thereby. There is reserved to the
Declarant and the Association permanent perpetual easements under, over, and across said roads for the
purposes of operating, installing, constructing, maintaining and repairing these roads. the water distribution
systems and other utilities, and for such other purposes as are described in this Declaration and on the Plat.
The Association shall have the obligation to maintain said private roads in good condition and repair and to
provide for snow removal.
5.10 Prohibited Uses of Common Areas. The Association may, in its discretion, provide rules
and regulations for the use of snow mobiles, motor bikes, and motorcycles, and for the engagement of
recreational activities, such as cross country skiing, on the Common Areas. Except as specifically authorized
by the Association, none of the aforementioned activities may be carried on in the Property.
ARTICLE 6
THE ASSOCIATION
6.1 Business and Membership. The Executive Board of the Association shall consist of three
(3) persons. The Association through its Executive Board shall govern and manage the Common Areas and
shall enforce the provisions of this Declaration. All Owners shall automatically be Members of the Association,
and such membership shall automatically cease upon termination of the Owner's interest in his Lot, and shall be
subject to the right of the Declarant to appoint persons to the Executive Board until all the Lots are sold.
Membership shall be appurtenant to a Lot and shall not be separately conveyed, encumbered or abandoned.
Declarant shall continue to appoint members to the Executive Board until such time as the Declarant has sold,
transferred and conveyed two-thirds (2/3) or more of the total aggregate number of Lots. Notwithstanding the
foregoing, Declarant's rights and responsibilities with respect to the appointment of members of the Executive
Board shall at all times be expressly subject to then applicable laws.
6.2 Binding Effect. Each Owner, his lessees, their families and guests and any other persons
owning, using or occupying a Lot shall be bound by and shall strictly comply with the provisions of this
Declaration, the Bylaws, the Rules and Regulations as hereafter adopted, any deed restrictions and covenants
and all rules, regulations and agreements lawfully made by the Association. The Association shall have the
right and power to bring suit in its own name for either legal, equitable or injunctive relief for any lack of
compliance with any such provisions. The failure of the Association to insist upon the strict performance of
any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any
action, shall not be a waiver or a relinquishment for the future. of any such provision. If any court proceedings
are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the
prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys'
fees, in connection therewith.
6.3 Powers of the Association. Each Owner agrees that the Association has all the powers
granted it by the Colorado Unincorporated Non -Profit Association Act and the Colorado Common Interest
Ownership Act and any amendments thereto or replacements thereof. Such powers shall include, without
limitation, levying assessments against Owners, imposing a lien on Units for any unpaid or uncollected
assessments or penalties, and foreclosing any such liens, enforcing any deed restrictions and covenants,
acquiring, holding, owning, leasing, mortgaging and disposing of property including but not limited to real
property or personal property used or in connection with the Common Areas or Common Facilities, the
adoption of the Rules and Regulations, the defending, prosecuting or intervention in litigation on behalf of all
Owners, the borrowing of monies for Association purposes and the right to pledge future income in order to
secure such borrowings. The term "pledge of future income" shall include the right to impose a special
assessment for repayment of such borrowings and to assign such special assessment (and all lien and collection
rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise any
other right, power or privilege given to it expressly by this Declaration, the Bylaws, or by the laws of the State
7
11111111111 11111111111110
527544 06/2 98 03:07P B1074 P590 M ALSDORF
8 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
of Colorado, and every other right, power or privilege reasonably to be implied from the existence of any right,
power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege.
6.4 Association Rules. The Association may from time to time adopt, amend and repeal Rules
and Regulations to be known as the "Long Subdivision Owners' Association Rules" (hereinafter the "Rules") by
the majority vote of the Board. The purpose of these Rules shall be to implement, supplement or otherwise
carry out the purposes and intentions of this Declaration. The Rules shall be consistent with this Declaration.
6.5 Maintenance of Common Areas and Common Facilities. The Association shall be
responsible for Maintenance and operation of all Common Areas and Common Facilities as a Common
Expense.
(a) The Association shall have the right to dedicate or transfer all or any part of the
Common Areas or Common Facilities or improvements thereon to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to by the Owners; provided, however, that no
such dedication or transfer shall be effective unless written notice of the proposed dedication or transfer is sent
to every Owner at least twenty (20) days, and not more than sixty (60) days prior to the decision to make such
dedication or transfer, and unless an instrument is signed by the Owners entitled to cast two-thirds (2/3) of the
votes agreeing to such dedication or transfer.
6.6 Fines. In addition to the enforcement actions provided herein, the Executive Board of the
Association shall have the right, after affording notice and an opportunity to be heard to an Owner, to fine the
Owner, in a reasonable amount, for any violation of this Declaration. Any sum amounts that an Owner is fined
shall be deemed a personal obligation and/or lien against such Owner or that Owner's Lot, and may be collected
and foreclosed on in the same manner as is provided herein for the collection of common expense assessments,
including reasonable attorney fees and costs.
6.7 Other Rights of the Association. The Association may exercise any other right, power or
privilege given to it expressly by this Declaration, the Bylaws, or by law, and every other right, power or
privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or
reasonably necessary to effectuate any such right, power or privilege.
6.8 Notice to Maintain. An Owner shall immediately report to the Association the need for
any Maintenance which is the Association's responsibility to provide. In the event of any disagreement as to
the need for or the responsibility of the Association to provide the Maintenance, the decision of the Board shall
be final.
6.9 Mechanic's Liens. Declarant shall be responsible for the release of all mechanics' liens filed
with respect to the Common Areas, or any part thereof, if any such liens arise or are alleged to arise from labor
performed or materials furnished at the instance of Declarant, its agents, contractors or subcontractors. Except
as the result of labor performed or materials furnished at the instance of the Board, no labor performed or
materials furnished with respect to the Common Areas, Common Facilities, or Units shall be the basis for filing
a lien against the Common Areas or Common Facilities. No labor performed or materials furnished at the
instance of the Board shall be the basis for filing a lien against any Lot or Unit.
ARTICLE 7
ASSESSMENTS
7.1 Obligation to Pay Assessments. Each Owner of a Lot shall be subject to such general or
special assessments as the Association may levy from time to time. The assessments collected shall be used
exclusively to promote the operation, administration, Maintenance and management of the Common Areas,
Common Facilities, and the Property for the use and benefit of all Owners. Each Owner shall be obligated to
8
1111IIND
II
527544 06/2�T'199
998 03:07P B1074 P591 P1 ALSDORF
9 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
pay and agrees to pay all such assessments levied against his Lot and may not exempt himself from liability by
waiver of the use and enjoyment of the Common Areas or by an abandonment of his Lot.
7.2 General Assessments. General assessments shall be based upon a budget for a fiscal year to
be designated by the Board, shall include funds for the Common Expenses. and shall also include funds as a
reserve for Maintenance which cannot be expected to occur on a regular annual basis. A brief summary of the
annual budget shall accompany each annual general assessment notice and shall be ratified by the members as
set forth in the Association's governing documents. The failure of the Board to establish a budget for the next
fiscal year before the expiration of any fiscal year shall not release the Owners from their obligation to pay any
assessments or installments thereof for that or any subsequent year. The budget and assessment installments
established for a preceding year shall continue until a new budget is fixed.
7.3 Special Assessments. If the estimated cash requirements set forth in the budget prove to be
inadequate for any reason, including non-payment of any Owner's assessment, or there are inadequate funds in
the reserve, the Board may levy special assessments from time to time. This Section shall not be construed as
an independent source of authority for the Board to incur expenses, but shall be construed to prescribe the
manner of assessing for expenses authorized by other Sections.
7.4 Apportionment of Assessments. Except as otherwise specifically provided in this
Declaration with respect to the private road or otherwise, the amounts assessed pursuant to this Declaration as a
common expense, shall be allocated and assessed among the Owners in accordance with the proportions set
forth in Paragraph 5.1 hereof. Assessments which are attributable to only particular a Lot(s) may be allocated,
in the sole judgment of the Board, on an appropriate equitable basis.
7.5 Refunds. If in any fiscal year the assessments collected by the Board exceed Common
Expenses incurred, the Board shall have the right, but not the obligation, to make refunds or give credits against
future assessments. Refunds or credits shall be apportioned in the same manner as the general and special
assessments which created such surplus. Owners whose Units were subject to this Declaration for less than the
full fiscal year shall receive only a proportionate refund or credit based upon the number of days the Lot was
subjected to this Declaration.
7.6 Assessments Adjustments. With respect to any assessment, credit or refund, the Board
shall have the power to round off and make other minor adjustments of less than $10.00 in each Owner's
allocation for the following purposes: (i) to create whole round numbers for the convenience of the payor; or
(ii) to correct any discrepancy between the total of each Owner's allocation of any such assessment, credit, or
refund, and the total amount of either the expenses actually subject to assessment or the surplus actually
available for a refund or credit.
7.7 Collection and Enforcement Remedies.
(a) All assessments or installments thereof and fines imposed under the Declaration or
the rules and regulations of the Association shall be due and payable within twenty (20) days after the due date.
Overdue assessments shall bear interest at eighteen percent (18%) per annum, or such other lawful rate or
charge as the Board may determine from time to time. The payment of any assessment or fine payable in
installments may be accelerated by the Board for failure to pay any installment when due.
(b) An assessment or fine shall be the personal obligation of the Owner at the time
the assessment or fine is levied against the Lot. A suit to recover a money judgment for unpaid assessments or
fines may be maintained against any Owner without waiving or otherwise prejudicing the Association's
right to pursue any other remedy provided herein or established by law. The Association shall be entitled to
recover the costs. expenses and reasonable attorneys' fees as additional sums due under any lien which may be
filed or otherwise which are incurred in enforcing any action for payment of assessments or fines or to enforce
compliance with any provision contained herein including those set forth by rule and regulation adopted by the
Association.
9
11111527n4 i 1111iiiin IIIMu
10 of 15 R 76.00 D 0 00 GARFIELD COUNTY CO
(c) The Association shall have a lien against a Lot, and any improvements thereon, for
any assessments or fines against the Unit which are due and unpaid from the date of the assessment or fine.
Costs of collection, including without limitation, reasonable attorneys' fees and other court Costs, shall be
added to the assessment or fine lien amount. All amounts unpaid may be evidenced by a statement executed
by the Association and recorded in the office of the Clerk and Recorder of Garfield County, Colorado. The
assessment or fine lien against a Lot shall be subordinate only to the First Mortgage on said Lot, except as may
be otherwise provided by applicable laws of the State of Colorado.
(d) For the purposes of this Section, the term "assessments" includes any amounts
due in accordance with the terms of the Declaration including any fines imposed hereunder or under the Rules
and Regulations of the Association.
The Association shall have the right to foreclose such lien in the manner provided by
Colorado law for mortgages upon real property, to the appointment of a receiver and to the rental value of the
Unit and its improvements during the period of delinquency through the period of foreclosure until expiration
of the period of redemption. The Association shall have the power to bid on the Unit at a foreclosure sale and
to acquire, hold, lease, mortgage and convey the same.
7.8 Grantee and Mortgagee Assessment Obligations. No Owner shall convey or mortgage
his Lot unless and until all sums due the Association, whether or not evidenced by a recorded statement. are
currently paid, but no Mortgage transaction shall be voidable by the Association nor shall the superior position
of a First Mortgagee be adversely affected by a lien of the Association. At least ten (10) business days prior to
any conveyance or Mortgage, the Owner shall deliver written notice to the Association advising it of the
proposed transaction and the names and addresses of all transferees and Mortgagees involved. If any
assessment or fine is due and owing by the Owner, his grantee or Mortgagee shall apply the proceeds of any
such transaction to the payment of delinquent amounts due the Association before paying or disbursing any
amount to the Owner. The grantee of a Lot shall be jointly and severally liable with his grantor for all unpaid
assessments against the latter up to the time of the grant or conveyance, without prejudice to the grantee's right
to recover from the grantor any amounts paid by the grantee therefor. Upon written request and payment of
such reasonable fee as may be set by the Association, the Association shall issue a written statement to such
grantee or mortgagee verifying the status of all assessments and fines or charges affecting the Lot. Any
statement as to the existence or amount of any delinquencies shall conclusively bind the Association. A
First Mortgagee, who takes title to a Lot pursuant to the remedies in the deed of trust encumbering that Lot
shall take such Lot free and clear of all unpaid assessments and the lien therefor.
7.9 Assessments for Tort Liability. In the event of any tort liability against the Association
which is not covered completely by insurance, each Owner shall contribute for the payment of such liability as
a special assessment in the proportion described in this Declaration. The Association may, however, require a
larger contribution from fewer than all Owners under any legal or equitable principle regarding liability for
negligent or willful acts or omissions.
ARTICLE 8
INSURANCE.
8.1 Types of Insurance. The Association shall obtain and keep in full force and effect, if
appropriate, the following insurance coverage, individually naming the Declarant, as an Owner, and each
Owner as an additional insured:
(a) Property and fire insurance with extended coverage and standard all-risk
endorsements, including vandalism and malicious mischief, of the Common Areas. The total amount of
insurance, after application of deductibles shall be one hundred percent (100%) of the replacement value of the
insured property exclusive of land, foundations and other items normally excluded from property policies.
10
1111111111111111111111111111111111 1111111111 iL 1
527544 03 07P B1074 P593 M
11 of 15 R 76.00 D 0 00 GARFIELD COUNTY CO
(b) Public liability and property damage insurance, including medical payments
insurance. in an amount to be determined by the Board from time to time, covering all occurrences commonly
insured against for death, bodily injury and property damage arising out of or in connection with the
ownership, operation or Maintenance, or other use of Common Areas. This policy shall also cover operation of
automobiles on behalf of the Association.
(c) Coverage of members of the Board and officers of the Association against libel,
slander, false arrest, invasion of privacy and errors and omissions and other forms of liability generally
covered in officers and directors liability policies. The Declarant and Declarant's designees shall be included as
an additional insured in such Declarant's capacity as a Board Member.
(d) Coverage against such other risk of a similar or dissimilar nature as the Board
deems appropriate.
8.2 Named Insured and Interests. Policies of insurance shall name the Association as the
insured and the entity to which payment is to be made. The certificate or memoranda of insurance, duplicate
originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and
upon request, to any Owner or Mortgagee.
8.3 Invalidation or Reduction of Coverage. Insurance policies carried pursuant to this
section must provide the following:
(a) that the insurer waives its right to subrogation under the policy against any Owner,
any lessee and their families;
(b) that no act or omission by any occupant will void the policy or be a condition to
recovery under the policy, unless that person is acting within the scope of his authority as an officer of the
Association or as a member of the Board;
(c) that if, at the time of a loss under the policy, there is other insurance in the name of
an Owner or any lessee covering the same property covered by the policy, the policy is primary insurance not
contributing to the owner's individual insurance; and
(d) that each Owner is an insured person under the policy with respect to liability
arising out of such Owner's membership in the Association.
ARTICLE 9
DAMAGE. DESTRUCTION AND OBSOLESCENCE
9.1 Insurance Proceeds. The Association shall receive the proceeds of any insurance described
in Paragraph 9.1(a) purchased by the Association as the owner of the Common Areas. Any proceeds shall be
used for the purpose of Maintenance, unless the Owners decide to terminate this Declaration in accordance with
the provisions set forth herein.
9.2 Mandatory Maintenance. In the event of damage or destruction due to fire or other disaster,
if the insurance proceeds are sufficient to reconstruct the improvements, the Association shall promptly cause
such Maintenance to occur. If the insurance proceeds are not sufficient for such purpose, the Association may
levy special assessments against the Owners for such deficiency pursuant to this Declaration.
9.3 Payment for Maintenance. The expense of Maintenance shall be payable by all of the
Owners as Common Expenses. Assessments for the estimated cost of Maintenance shall be levied pursuant to
Article 8 hereof and shall be allocated and collected as provided in that Article. Further levies may be made in
like manner if the amounts collected prove insufficient to complete the Maintenance. Dissenting Owners shall
11
IIIlIll 111111 1111 11111 1111111 11111 111 OlI in
5275 6/24/1998 03:07P 81074 P594 M AL ORF
12 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
not be relieved of their obligation to pay their proportionate share of any Common Expenses. If the Association
collects more money pursuant to this Section than is ultimately required for Maintenance, the Association shall
return such excess to the Owners by a credit against the next installments of the annual assessment, or by a cash
distribution to each Owner, in an amount proportionate to the respective amount collected from each Owner.
The Association shall have full authority, right, and power to maintain, repair or replace the improvements on
the Common Areas notwithstanding the failure of an Owner to pay the assessment.
ARTICLE 10
TAKING OF COMMON AREAS BY EMINENT DOMAIN
If any portion of all of the Common Areas is taken or condemned by any authority having the power
of eminent domain, all compensation and damages on account of the taking of the Common Areas, exclusive of
compensation for consequential damages to affected Lots, shall be payable to the Association as Owner of the
Common Areas. Such proceeds shall be used promptly by the Association to the extent necessary for
repair and reconstruction of such remaining Common Areas in as substantial compliance to the original plan of
development as possible. If there is an award in excess of the amount necessary to so substantially repair or
reconstruct such remaining Common Areas, it shall, at the Board's discretion, be either refunded or retained by
the Association for such uses as it deems appropriate.
ARTICLE 11
TERM, REVOCATION AND AMENDMENT OF DECLARATION
Term Of Declaration. The term of this Declaration shall be perpetual.
11.2 Revocation of Declaration. Except as restricted by the laws of the State of Colorado and
Paragraph 1 1.4 below, this Declaration may be revoked if seventy percent (70%) of the ownership interests in
the Common Areas agree to such revocation by an executed, acknowledged instrument recorded in the offices
of the Clerk and Recorder of Garfield County, Colorado. The prior written approval of sixty percent (60%) of
the First Mortgagees of Common Areas will be required for any such revocation, except in the case of
obsolescence, substantial destruction by fire or other casualty, taking by condemnation or eminent domain, or
abandonment or termination provided by law.
11.3 Disbursement of Proceeds. Upon revocation of this Declaration, the Common Areas shall
be sold by the Association, in whole or in parcels, as the Board may deem appropriate. All sales proceeds and
all amounts recovered under any insurance policy shall be allocated among the Owners in the same proportion
as is set forth in Paragraph 5.1 hereof. The funds shall be disbursed, without contribution from one Owner to
another, by the Association for the following purposes and in the following order:
(a) payment in full of the customary expenses of sale;
(b) payment in full of the allocable taxes and special assessment liens in favor of any
governmental assessing entity;
(c) payment in full of the balance of the lien of any First Mortgage on the Common
Areas;
(d) payment in full of allocable unpaid Common Expenses and the unpaid costs,
expenses, and fees incurred by the Association;
12
"411
111111111111111111111111111 111 11111iris
52756/24/1998 03:07P 81074 P595 M AL3'6
13 of 15 R 76.00 D 0.00 GARFIELD COUNTY CORF
(e) payment in full of recorded junior liens and encumbrances on the Common
Areas in the order of and to the extent of their priority; and
(0 payment of any balance to the Owners.
11.4 Amendment of Declaration. Except as restricted by the terms of the laws of the State of
Colorado, this Declaration may be amended if the Owners holding two-thirds (2/3) or more of the votes
outstanding and entitled to be cast under the Bylaws agree thereto by an executed, acknowledged instrument
recorded in the office of the Clerk and Recorder of Garfield County, Colorado. The prior written approval of
sixty percent (60%) of the First Mortgagees of all Lots and will be required for any such amendment to take
effect. No amendment to the Declaration may be made without Declarant's prior written consent.
ARTICLE 12
MISCELLANEOUS
12.1 Declarant's Rights Transferable. Any right or interest of the Declarant established or
reserved in this Declaration may be transferred by Declarant either separately or with one or more of such rights
or interests pursuant to the provisions of the laws of the State of Colorado.
12.2 Provisions Incorporated in Deeds. Each provision contained in this Declaration shall be
deemed incorporated in each or other instrument by which any right, title or interest in the Property is granted,
devised or conveyed, whether or not set forth or referred to in such deed or other instrument.
12.3 Number and Gender. Unless the context shall otherwise provide, a singular number shall
include the plural, a plural number shall include the singular, and the use of any gender shall include all
genders.
12.4 Construction. The provisions of this Declaration shall be liberally construed to effectuate
its purpose of creating a uniform plan for the development of certain common facilities and functions and for
the Maintenance of the Common Areas.
12.5 No Dedication. Nothing contained in this Declaration shall be deemed to be a gift or
dedication of all or any part of the Property to the public or for any public use.
12.6 Notices. Any notice permitted or required to be delivered as provided in this Declaration
shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be
deemed to have been delivered 48 hours after a copy of the same has been deposited in the United States mail,
postage prepaid for first class mail and addressed to the receiving party at the address last given by such party
to the Association. Any notice to the Association shall be sent to such address as it may from time to time
designate in writing to each Owner or if not so designated, to its last known address.
12.7 Mortgagee Notice Rights. Any First Mortgagee will, upon request, be entitled to:
(a) inspect the books and records of the Association during normal business hours;
(b) receive financial statements of the Association within 90 days following the end of any
(c) receive written notice of meetings of the Association and be permitted to designate a
representative to attend all such meetings.
12.8 Successors and Assigns of Declarant. Any rights or responsibilities granted or retained by
Declarant under these Covenants shall inure to and be binding upon any successors in interest or assigns of
Declarant, and any person or entity which accedes to the rights and obligations of Declarant with respect to the
real property governed by this Declaration, including all affiliates of Declarant; and such rights and obligations
shall become the obligations of such successor or assign, at which time the Declarant shall be relieved of any
fiscal year; and
13
1 111111nu imi11111lii11111111111 111 Is 06/ 4/1998 03:07P B1074 P596 M ALSDORF
52
14 of 15 R 76.00 D 0.00 GARFIELD COUNTY CO
and all such obligations and liabilities except as may be otherwise provided by the laws of the State of
Colorado.
12.9 Disclaimer. No representations or warranties of any kind, express or implied, have been
given or made by Declarant or its agents or employees in connection with the Property, or any portion thereof,
or any improvement thereon, its physical condition, zoning, compliance with the applicable laws, fitness or
intended use, or in connection with the Subdivision's sale, operation, Maintenance, costs of Maintenance, taxes
or regulations hereof, except as expressly set forth in this Declaration.
12.10 Limited Liability. The Association and the Board shall not be liable to any party
for any action or for any failure to act with respect to any matter if the action taken or failure to act
was in good faith and without malice. The Owners severally agree to indemnify the Association and
the Board against loss resulting from such action or failure to act if the Association and the Board
acted or failed to take action in good faith without malice.
(a) Except as otherwise provided by the laws of the State of Colorado or by this
Declaration for Board members and officers appointed by the Declarant, neither the Association nor its
past, present or future officers, directors, nor any other employee, agent or committee member of the
Association shall be liable to any Owner or to any other person for actions taken or omissions made
except for wanton and willful acts omissions. Without limit to the foregoing, the Association and the
Board shall not be liable to any party for any action or for any failure to act with respect to any mat -ter
if the action taken or failure to act was in good faith and without malice. Acts taken upon the advise of
legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors
shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried
by the Association for such purposes shall not be adequate, the Owners severally agree to indemnify
the Association or Board against loss resulting from such action or failure to act, provided that the
Association and the Board acted or failed to act in good faith and without malice.
(b) Any member or officer of the Association appointed by the Declarant as
provided for herein shall exercise in the performance of their duties the standard of care required of
fiduciaries of the Owners.
12.11 Severability. Invalidation of any one of the provisions of this instrument by
judgment or by court order or decree, shall in no way affect the validity of any of the other provisions
hereof which shall remain in full force and effect.
12.12 Rule Against Perpetuities. If any of the terms, covenants, conditions, easements,
restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for
violation of:
(a) the rule against perpetuities or some analogous statutory provision;
(b) the rule restricting restraints on alienation; or
(c) any other statutory or common law rules imposing like or similar time limits,
such provisions shall continue only for the period of the life of Bernard R. Long, his now living
descendants, and the survivor of them, plus twenty-one (21) years.
12.13 Run With The Land. Declarant, for itself, its successors and assigns, hereby
declares that all of the Long Subdivision shall be held, used and occupied subject to the provisions of
this Declaration, and to the covenants and restrictions contained herein, and that the provisions hereof
shall run with the land and be binding upon all persons who hereafter become the Owner of any
interest of any land or estate within the Long Subdivision.
14
1111111 IIIIlIInniliin nnSIV,,,,, 03 ,R .,a,..,,, M ALSDO
15 of 15 R 76.00 D 0 00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first
above written.
Bernard R. Long Martha Long
3,,,„vg4
STATE OF COLORADO )
) Ss.
COUNTY OF GARFIELD )
Kevin Long
The foregoing instrument was acknowledged before me this,2/ day of 1998,
by Bernard R. Long and Martha Long and Kevin J. Long, the Declarants.
Witness my hand and official seal.
My commission expires:
My Commission Expires
6/17/2000
Notary Public
r
.r 14.
DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
Garfield County Courthouse
109 8th Street, #104
Glenwood Springs, CO 81401-3146
(970) 945-5075 Phone (970) 945-8756 Fax
A COURT USE ONLY A
IN THE MATTER OF THE APPLICATION FOR
WATER RIGHTS OF:
DAVID ALDERSON AND BERNARD R. LONG,
in Garfield County, Colorado.
Attorney of Record:
Jefferson V. Houpt, Esq. No.17850
Mary Elizabeth Murphy, Esq. No. 32331
Caloia & Houpt, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067 945-6292 - fax
email: jhoupt@sopris.net mem@sopris.net
Case Nos. 01CW183
FINDING OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE
The above -entitled Application was filed on July 31, 2001. The Application (hereinafter
"Application") was referred to the Water Referee for Water Division No. 5, State of Colorado, by
the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the
Water Rights Determination and Administration Act of 1969, as amended.
The undersigned Referee, having made such investigations as are necessary to determine
whether or not the statements in the Application are true, having consulted with the Division
Engineer, and having become fully advised with respect to the subject matter in the Application,
does hereby make the following Findings of Fact, Conclusions of Law, Judgment and Decree in
this matter:
FINDINGS OF FACT
1. The names and addresses of the Applicants are:
David Alderson
7700 County Road 312
New Castle, CO 81647 (970) 984-3302
ALDERSON-LONG-Ruling WR -Aug Plan-OICW 183
1
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01 CW 183
Ruling and Decree
Page 2
Bernard R. Long
8153 County Road 312
New Castle, CO 81647
(970) 984-9820
c/o Jefferson V. Houpt, Esq.
Mary Elizabeth Murphy, Esq.
Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067
2. Timely and adequate notice of the filing of this Application was given as required by law.
3. A Statement of Opposition was filed in this matter by Ronald and Lisa Gonsoir,
represented by Ira Karet, Esq. No other Statements of Opposition were filed, and the time
for filing such Statements has expired. At the time of their filing, Objectors Gonsoirs were
the owners of Lot 1, Long Subdivision, which is located adjacent to Applicants' lands.
Counsel for the Gonsoirs has represented to the Court that the Gonsoirs have sold and
conveyed Lot 1 and moved away from the area without instructing their counsel to
withdraw their opposition or take any other action with respect to this proceeding.
4. The Applicants request confirmation of a conditional water right, described as follows:
Name of structure: Long Alder Spring.
A. Location: The spring is located in the SWI/4 NE 1 /4 Section 32, Township 6
South, Range 90 West of the 6th P.M., at latitude 39°29' 16.0" N and longitude
107°27'36.6" W, also described as being 1,400 feet West of the East section line
and 1,875 feet South of the North section line of said Section 32. A map
depicting the approximate location of Long Alder Spring is attached as Exhibit A.
B. Source: Groundwater tributary to Garfield Creek, tributary to Colorado River.
(1)
Date of initiation of appropriation: November 1, 2000.
(2) Appropriation initiated by: Field inspection, planning studies,
formulation of intent to divert and apply water to beneficial use.
ALDERSON-LONG-Ruling WR -Aug Plan-01CW 183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW 183
Ruling and Decree
Page 3
(3) Date of application of water to beneficial use: N/A
C. Amount claimed: 0.01 cfs (5 g.p.m.), conditional
D. Proposed uses: Domestic and irrigation.
(1) Total number of acres proposed to be irrigated: 2,000 square feet.
E. Remarks: Long Alder Spring is a natural spring that has been improved by
excavation and other improvements to collect and concentrate the flow of the
spring in accordance with the provisions of Section 37-90-103(21)(b), C.R.S.
Out -of -priority exercise of the Spring will be augmented under the plan for
augmentation described in paragraph 7, below.
F. Name and address of owner of land upon which spring is located: Applicants
5. The Applicants have also requested confirmation of a conditional water storage right,
described as follows:
Name of structure:
Long Alder Pond.
A. Legal description:
B. (1) Location of Dam: The pond is located in the SW1/4 NE1/4 Section 32,
Township 6 South, Range 90 West of the 6th P.M., at latitude 39°29'14.9" N and
longitude 107°27'38.8" W, also described as being 1,570 feet West of the East
section line and 1,935 South of the North section line of said Section 32. A map
depicting the approximate location of Long Alder Pond is attached as Exhibit A.
(2) If off -channel reservoir, name and capacity of ditch or ditches used to fill
reservoir, and legal description of each point of diversion: The pond will be
filled with water diverted from Garfield Creek through the Williams Ditch No. 2,
the headgate of which is located in the NW1/4 SE1/4 NE1/4 Section 32,
Township 6 South, Range 90 West of the 6th P.M.
B. Source: Garfield Creek, tributary to Colorado River.
C. Amount: 0.5 acre feet, conditional, with the right to fill and refill in priority. The
maximum rate of fill shall be 0.5 c.f.s.
ALDERSON-LONG-Ruling WR -Aug Plan-OICW I83
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW183
Ruling and Decree
Page 4
D. Date of initiation of appropriation date: November 1, 2000.
E. Appropriation was initiated by: Field inspection, planning studies, formulation of
intent to divert and apply water to beneficial use.
F. Date water applied to beneficial use: N/A
G. Proposed uses: Fire protection, aesthetic, and augmentation as authorized by this
decree.
H. Surface area of high hater line: 0.08 acres
(1) Maximum height of dam: 9 feet
(2) Length of dam: 60 feet
I. Total capacity of reservoir: 0.5 acre feet
(1) Active capacity: 0.48 acre feet
(2) Dead storage: 0.02 acre feet
J. Name and address of owner of land upon which pond is located:
Bernard Long
8153 County Road 312
New Castle, CO 81647
6. The Referee finds that the Applicants have formed and demonstrated the requisite
intent to appropriate and have taken a substantial first step toward appropriation of water in the
amounts and for the purposes set forth in paragraphs 4 and 5 above.
7. The Applicants have also requested approval of an plan for augmentation, described
as follows:
A. Structure to be augmented: Long Alder Spring, described in paragraph 4 above.
B. Water rights to be used for augmentation: Water stored in priority in Long Alder
Pond, described in paragraph 5 above.
C. Statement of plan for augmentation: Applicants are the owner of Lots 2 and 3,
ALDERSON-LONG-Ruling WR -Aug Plan -0l CW 183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW183
Ruling and Decree
Page 5
Long Subdivision, Garfield County Colorado. Applicants intend to construct one
accessory dwelling unit ("ADU") on each lot. Domestic water and limited
irrigation water will be provided to the two ADUs from Long Alder Spring. Any
out -of -priority depletions to Garfield Creek and the Colorado River resulting
from the exercise of Long Alder Spring will be replaced with releases of water
stored in Long Alder Pond. Long Alder Pond will be filled each year from
Garfield Creek through Williams Ditch No. 2 under the water storage right
described in paragraph 5 above. Table I sets forth annual water demand and
depletions for Long Alder Spring, Table II sets forth anticipated monthly
evaporation from Long Alder Pond. Applicants will install such measuring
devices and provide such accounting as the Division Engineer may require.
8. The Referee finds that, if operated in accordance with the terms and conditions set
forth herein, no injury will occur to the vested rights of others as a result of the operation of this
plan for augmentation.
CONCLUSIONS OF LAW
9. The Application filed herein is complete, covering all applicable matters required
under C.R.S. §37-92-302.
10. All notices required by law have been given, and no further notice need be given.
11. The Court has jurisdiction of this matter and of all persons, whether they have
appeared or not. C.R.S. §37-92-301(2) and -303(1).
12. Having divested themselves of title to the real property interest upon which they
relied for their participation in this proceeding, the Referee concludes that Objectors Gonsoirs are
no longer real parties in interest in this proceeding, C.R.C.P. 17 (a), and the Court has authority
to enter this Ruling accordingly.
13. The Court has authority to confirm the conditional underground water right and
conditional water storage right requested in the application. C.R.S. §37-92-301(2), -302, -303(1),
and -304.
14. The Court has authority to approve the plan for augmentation requested in the
application. C.R.S. §37-92-301(2), -302 ,-303(1), and -304.
15. A plan for augmentation shall be approved if it will not injuriously affect the owner
or persons entitled to use water under a vested water right or decreed conditional water right. C.R.S.
ALDERSON-LONG-Ruling WR -Aug Plan-01CW 183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW183
Ruling and Decree
Page 6
§37-92-305(3).
16. Any decree approving a plan for augmentation must be conditioned upon the
retained jurisdiction of the Court for a period necessary or desirable to preclude or remedy any
injury to the vested rights of others. C.R.S. §37-92-304(6).
RULING OF THE REFEREE
17. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by
this reference. The Referee concludes that the Application should be granted, subject to the terms
and conditions set forth herein.
18. The Referee rules that the conditional water right requested for the Long Alder
Spring, as more fully set forth in Paragraph 4, above, is hereby confirmed.
19. The Referee further rules that the conditional water storage right for Long Alder
Pond, as more fully set forth in Paragraph 5, is hereby confirmed.
20. Should the Applicants desire to maintain the conditional water rights confirmed
herein, an Application for Finding of Reasonable Diligence shall be filed in the same month of the
sixth calendar year following entry of this decree, unless a determination has been made prior to that
date that such conditional right has been made absolute by reason of the completion of the
appropriation, or is otherwise disposed of.
21. The Referee further rules that the plan for augmentation, as more fully set forth in
Paragraph 7, is approved, subject to the terms and conditions set forth herein. The plan shall not
become operational until water has been legally stored in Long Alder Pond. Pursuant to C.R.S.
§37-92-305(8), in administering the augmentation plan approved herein, the State Engineer shall
curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent
injury to vested water rights.
22. Pursuant to C.R.S. § 37-92-502(5), the Applicants shall install measuring devices,
provide accounting, and supply calculations regarding the timing of depletions as required by the
Division Engineer for the operation of this plan. The Applicants shall also file an annual report
with the Division Engineer by November 15 following each preceding irrigation year (November
1 through October 31) summarizing diversions and replacements made under this plan.
23. The approval of the augmentation plan described herein shall be subject to
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five calendar years following the date upon which the plan becomes operational. In
ALDERSON-LONG-Ruling WR -Aug Plan-OICW183
'strict Court, Water Division No. 5
Alderson/Long; Case No. 01 CW 183
Ruling and Decree
Page 7
determining the period of reconsideration, the Court has taken into account the historical and
proposed future use of the subject water rights.
24. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer
of such priorities and changes of rights in accordance with law.
It is ORDERED that a copy of this Ruling shall be filed with the appropriate Division
Engineer and the State Engineer.
DATED this day of ji.44,
Capt of the forectoirr
Counsel of record-
State EPWltieer 6aW- - -pZ
04,t41 -
, 2002.
Daniel B. Petre, Water Referee
Water Division No. 5,
State of Colorado
JUDGMENT AND DECREE
No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and
approved, and is made the Judgment and Decree of this Court. The month and year for filing an
Application for Fi ding of Re sonable Diligence regarding the conditional water rights approved
herein shall be - , 2008.
DATED ti 1 Iday , 2002.
;,opY of the ��1ed to all
Counsel of record atq�
Referee,---Dly. Ejpineer--and o2
State En&lneer-Date
potty tik. Mel
d -So •��
ALDERSON-LONG-Ruling WR -Aug Plan-OICW 183
BY THE WATER JUDGE:
z-
t
DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
Garfield County Courthouse
109 8th Street, #104
Glenwood Springs, CO 81401-3146
(970) 945-5075 Phone (970) 945-8756 Fax
A COURT USE ONLY A
IN THE MATTER OF THE APPLICATION FOR
WATER RIGHTS OF:
DAVID ALDERSON AND BERNARD R. LONG,
in Garfield County, Colorado.
Attorney of Record:
Jefferson V. Houpt, Esq. No.17850
Mary Elizabeth Murphy, Esq. No. 32331
Caloia & Houpt, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067 945-6292 - fax
email: jhoupt@sopris.net mem@sopris.net
Case Nos. 01CW183
FINDING OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE
The above -entitled Application was filed on July 31, 2001. The Application (hereinafter
"Application") was referred to the Water Referee for Water Division No. 5, State of Colorado, by
the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the
Water Rights Determination and Administration Act of 1969, as amended.
The undersigned Referee, having made such investigations as are necessary to determine
whether or not the statements in the Application are true, having consulted with the Division
Engineer, and having become fully advised with respect to the subject matter in the Application,
does hereby make the following Findings of Fact, Conclusions of Law, Judgment and Decree in
this matter:
FINDINGS OF FACT
1. The names and addresses of the Applicants are:
David Alderson
7700 County Road 312
New Castle, CO 81647 (970) 984-3302
ALDERSON-LONG-Ruling WR -Aug Plan-01CW183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW183
Ruling and Decree
Page 2
Bernard R. Long
8153 County Road 312
New Castle, CO 81647
(970) 984-9820
c/o Jefferson V. Houpt, Esq.
Mary Elizabeth Murphy, Esq.
Caloia, Houpt & Hamilton, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-6067
2. Timely and adequate notice of the filing of this Application was given as required by law.
3. A Statement of Opposition was filed in this matter by Ronald and Lisa Gonsoir,
represented by Ira Karet, Esq. No other Statements of Opposition were filed, and the time
for filing such Statements has expired. At the time of their filing, Objectors Gonsoirs were
the owners of Lot 1, Long Subdivision, which is located adjacent to Applicants' lands.
Counsel for the Gonsoirs has represented to the Court that the Gonsoirs have sold and
conveyed Lot 1 and moved away from the area without instructing their counsel to
withdraw their opposition or take any other action with respect to this proceeding.
4. The Applicants request confirmation of a conditional water right, described as follows:
Name of structure: Long Alder Spring.
A. Location: The spring is located in the SW1/4 NE1/4 Section 32, Township 6
South, Range 90 West of the 6th P.M., at latitude 39°29'16.0" N and longitude
107°27'36.6" W, also described as being 1,400 feet West of the East section line
and 1,875 feet South of the North section line of said Section 32. A map
depicting the approximate location of Long Alder Spring is attached as Exhibit A.
B. Source: Groundwater tributary to Garfield Creek, tributary to Colorado River.
(1) Date of initiation of appropriation: November 1, 2000.
(2) Appropriation initiated by: Field inspection, planning studies,
formulation of intent to divert and apply water to beneficial use.
ALDERSON-LONG-Ruling WR -Aug Plan-0ICW183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01CW 183
Ruling and Decree
Page 3
(3) Date of application of water to beneficial use: N/A
C. Amount claimed: 0.01 cfs (5 g.p.m.), conditional
D. Proposed uses: Domestic and irrigation.
(1) Total number of acres proposed to be irrigated: 2,000 square feet.
E. Remarks: Long Alder Spring is a natural spring that has been improved by
excavation and other improvements to collect and concentrate the flow of the
spring in accordance with the provisions of Section 37-90-103(21)(b), C.R.S.
Out -of -priority exercise of the Spring will be augmented under the plan for
augmentation described in paragraph 7, below.
F. Name and address of owner of land upon which spring is located: Applicants
5. The Applicants have also requested confirmation of a conditional water storage right,
described as follows:
Name of structure: Long Alder Pond.
A. Legal description:
B. (1) Location of Dam: The pond is located in the SW1/4 NE1/4 Section 32,
Township 6 South, Range 90 West of the 6th P.M., at latitude 39°29' 14.9" N and
longitude 107°27'38.8" W, also described as being 1,570 feet West of the East
section line and 1,935 South of the North section line of said Section 32. A map
depicting the approximate location of Long Alder Pond is attached as Exhibit A.
(2) If off -channel reservoir, name and capacity of ditch or ditches used to fill
reservoir, and legal description of each point of diversion: The pond will be
filled with water diverted from Garfield Creek through the Williams Ditch No. 2,
the headgate of which is located in the NW1/4 SE1/4 NE1/4 Section 32,
Township 6 South, Range 90 West of the 6th P.M.
B. Source: Garfield Creek, tributary to Colorado River.
C. Amount: 0.5 acre feet, conditional, with the right to fill and refill in priority. The
maximum rate of fill shall be 0.5 c.f.s.
ALDERSON-LONG-Ruling WR -Aug Plan-01CW183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 01 CW 183
Ruling and Decree
Page 4
D. Date of initiation of appropriation date: November 1, 2000.
E. Appropriation was initiated by: Field inspection, planning studies, formulation of
intent to divert and apply water to beneficial use.
F. Date water applied to beneficial use: N/A
G. Proposed uses: Fire protection, aesthetic, and augmentation as authorized by this
decree.
FI. Sutface area of high water line: 0.08 acres
(1) Maxinzu►n height of dam: 9 feet
(2) Length of dam: 60 feet
I. Total capacity of reservoir: 0.5 acre feet
(1) Active capacity: 0.48 acre feet
(2) Dead storage: 0.02 acre feet
J. Name and address of owner of land upon which pond is located:
Bernard Long
8153 County Road 312
New Castle, CO 81647
6. The Referee finds that the Applicants have fonned and demonstrated the requisite
intent to appropriate and have taken a substantial first step toward appropriation of water in the
amounts and for the purposes set forth in paragraphs 4 and 5 above.
7. The Applicants have also requested approval of an plan for augmentation, described
as follows:
A. Structure to be augmented: Long Alder Spring, described in paragraph 4 above.
B. Water rights to be used for augmentation: Water stored in priority in Long Alder
Pond, described in paragraph 5 above.
C. Statement of plan for augmentation: Applicants are the owner of Lots 2 and 3,
ALDERSON-LONG-Ruling WR -Aug Plan -01 CW 183
• •
District Court, Water Division No. 5
Alderson/Long: Case No. 01CW183
Ruling and Decree
Page 5
Long Subdivision, Garfield County Colorado. Applicants intend to construct one
accessory dwelling unit ("ADU") on each lot. Domestic water and limited
irrigation water will be provided to the two ADUs from Long Alder Spring. Any
out -of -priority depletions to Garfield Creek and the Colorado River resulting
from the exercise of Long Alder Spring will be replaced with releases of water
stored in Long Alder Pond. Long Alder Pond will be filled each year from
Garfield Creek through Williams Ditch No. 2 under the water storage right
described in paragraph 5 above. Table I sets forth annual water demand and
depletions for Long Alder Spring, Table II sets forth anticipated monthly
evaporation from Long Alder Pond. Applicants will install such measuring
devices and provide such accounting as the Division Engineer may require.
8. The Referee finds that, if operated in accordance with the terms and conditions set
forth herein, no injury will occur to the vested rights of others as a result of the operation of this
plan for augmentation.
CONCLUSIONS OF LAW
9. The Application filed herein is complete, covering all applicable matters required
under C.R.S. §37-92-302.
10. All notices required by law have been given, and no further notice need be given.
11. The Court has jurisdiction of this matter and of all persons, whether they have
appeared or not. C.R.S. §37-92-301(2) and -303(1).
12. Having divested themselves of title to the real property interest upon which they
relied for their participation in this proceeding, the Referee concludes that Objectors Gonsoirs are
no longer real parties in interest in this proceeding, C.R.C.P. 17 (a), and the Court has authority
to enter this Ruling accordingly.
13. The Court has authority to confirm the conditional underground water right and
conditional water storage right requested in the application. C.R.S. §37-92-301(2), -302, -303(1),
and -304.
14. The Court has authority to approve the plan for augmentation requested in the
application. C.R.S. §37-92-301(2), -302 ,-303(1), and -304.
15. A plan for augmentation shall be approved if it will not injuriously affect the owner
or persons entitled to use water under a vested water right or decreed conditional water right. C.R.S.
ALDERSON-LONG-Ruling WR -Aug Plan -01 CW 183
• •
District Court, Water Division No. 5
Alderson/Long; Case No. 0 1CW 183
Ruling and Decree
Page 6
§37-92-305(3).
16. Any decree approving a plan for augmentation must be conditioned upon the
retained jurisdiction of the Court for a period necessary or desirable to preclude or remedy any
injury to the vested rights of others. C.R.S. §37-92-304(6).
RULING OF THE REFEREE
17. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by
this reference. The Referee concludes that the Application should be granted, subject to the terms
and conditions set forth herein.
18. The Referee rules that the conditional water right requested for the Long Alder
Spring, as more fully set forth in Paragraph 4, above, is hereby confirmed.
19. The Referee further rules that the conditional water storage right for Long Alder
Pond, as more fully set forth in Paragraph 5, is hereby confirmed.
20. Should the Applicants desire to maintain the conditional water rights confirmed
herein, an Application for Finding of Reasonable Diligence shall be filed in the same month of the
sixth calendar year following entry of this decree, unless a determination has been made prior to that
date that such conditional right has been made absolute by reason of the completion of the
appropriation, or is otherwise disposed of.
21. The Referee further rules that the plan for augmentation, as more fully set forth in
Paragraph 7, is approved, subject to the terms and conditions set forth herein. The plan shall not
become operational until water has been legally stored in Long Alder Pond. Pursuant to C.R.S.
§37-92-305(8), in administering the augmentation plan approved herein, the State Engineer shall
curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent
injury to vested water rights.
22. Pursuant to C.R.S. § 37-92-502(5), the Applicants shall install measuring devices,
provide accounting, and supply calculations regarding the timing of depletions as required by the
Division Engineer for the operation of this plan. The Applicants shall also file an annual report
with the Division Engineer by November 15 following each preceding irrigation year (November
1 through October 31) summarizing diversions and replacements made under this plan.
23. The approval of the augmentation plan described herein shall be subject to
reconsideration by the Water Judge on the question of injury to the vested rights of others for a
period of five calendar years following the date upon which the plan becomes operational. In
ALDERSON-LONG-Ruling WR -Aug Plan-01CW 183
Jo
istrict Court, Water Division No. 5
Alderson/Long; Case No. 01CW183
Ruling and Decree
Page 7
determining the period of reconsideration, the Court has taken into account the historical and
proposed future use of the subject water rights.
24. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER
PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer
of such priorities and changes of rights in accordance with law.
It is ORDERED that a copy of this Ruling shall be filed with the appropriate Division
Engineer and the State Engineer.
DATED this day of .14
Copy of the foregoin
•
Oounsel of record-`;atfa
Referee,%—rfiv. Ent ineer-Q Z OZ
State E ffneer3 32L -t.
, 2002.
• E REFEREE:
Daniel B. Petre, Water Referee
Water Division No. 5,
State of Colorado
JUDGMENT AND DECREE
No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and
approved, and is made the Judgment and Decree of this Court. The month and year for filing an
Application for Fi ding of Re sonable Diligence regarding the conditional water rights approved
herein shall be - , 2008.
DATED t ,Lday of(e.---'
ropy of thQ tempegivippeiled to all
Counsel of record- atm
Referee,---DIv. Ennlneer--and o2
State Englneer✓-Date ` nA
I loft owrK w.w or..
4,10
ALDERSON-LONG-Ruling WR -Aug Plan-01CW 183
, 2002.
BY THE WATER JUDGE:
3c i t Mp.P P 1 NG
16—Cimarron loam, 2 to 12 percent slopes. This
-- deep, well drained, nearly level to undulating soil is in
naccow. mountain valleys and drainageways. Elevation
ranges from 7,500 to 9,000 feet. This soil formed in
alluvium derived from basalt. The average annual precipi-
tation is about 18 inches, the average annual air tem-
perature is 39 degrees F, and the frost -free period is less
than 75 days.
Typically, the surface layer is dark grayish brown loam
about 4 inches thick. The subsoil is grayish brown silty
clay loam and silty clay about 29 inches thick. The sub-
stratum is dark gray silty clay to a depth of 60 inches.
Included with this soil in mapping are small areas of
Cochetopa and Jerry soils on small hilly undulations
within the drainageways. Slopes are more than 12 per-
cent. These areas make up 5 to 10 percent of the map
unit.
Permeability is slow, and available water capacity is
high. Effective rooting depth is about 60 inches or more.
- Primary roots that reach below a depth of 16 inches
follow cracks in the soil. Surface runoff is medium, and
the erosion hazard is moderate.
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Idaho
fescue, bromes, wheatgrasses, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Reducing
brush improves the range. Properly managing grazing
-_ maintains and improves range condition. Seeding im-
proves range in poor condition. Preparing a seedbed and
drilling the seed are good practices. Mountain or smooth
brome, intermediate wheatgrass, and pubescent wheat -
grass are suitable for seeding.
Elk, deer, black bear, and grouse find habitat on this
soil.
— Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by the high clay content, which causes a high
shrink -swell potential, slow permeability, and low
- strength. Special designs for foundations and septic tank
absorption fields overcome these problems.
This soil is in capability subclass Vle, nonirrigated.
23—Detra fine sand 3a m, 12 to 25 percent
slopes. This deep, well drained, strongly sloping to mod-
erately steep soil is on mountainsides. Elevation ranges
from 6,500 to 8,000 feet. This soil formed in residuum
from red -bed shale and sandstone. The average annual
precipitation is about 16 inches, the average annual air
temperature is about 44 degrees F, and the frost -free
period is about 85 days.
Typically, the surface layer is brown fine sandy loam
about 12 inches thick. The subsoil is reddish brown
sandy clay loam about 21 inches thick. The substratum
is yellowish red sandy clay loam. Weathered red sand-
stone and shale is at a depth of 57 inches.
Included with this soil in mapping are small areas of
Morval, Ansari, and Arle soils on the steeper parts of the
landscape. They make up about 5 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 40 to 60 inches.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for grazing and wildlife habitat.
The native vegetation on this soil is mainly needle -
grasses, fescues, and sagebrush.
When range condition deteriorates, (orbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition if slope is not so steep
that drilling is impossible. Preparing a seedbed and drill-
ing the seed are good practices. Mountain or smooth
brome, intermediate wheatgrass, and pubescent wheat -
grass are suitable for seeding.
Elk, deer, and grouse find habitat on this soil.
Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by slope, low strength, and depth to bedrock.
Special design and engineering practices overcome
many of these limitations.
This soil is in capability subclass Vle, nonirrigated.
39—Jerry loam, 12 to 50 percent slopes. This deep,
well drained, strongly sloping to steep soil is on moun-
tainsides. Elevation ranges from 7,000 to 9,500 feet. This
soil formed in alluvium derived from sandstone, shale,
and basalt. The average annual precipitation is about 20
inches, the average annual air temperature is about 41
degrees F, and the average frost -free period is less than
75 days.
Typically, the surface layer is dark grayish brown loam
about 3 inches thick. The subsoil is yellowish brown and
light brown cobbly clay loam about 37 inches thick. The
substratum is Tight brown cobbly clay to a depth of 60
inches.
Included with this soil in mapping are small areas of
Tanna and Dollard soils at lower elevations. These areas
make up 5 to 10 percent of the map unit.
Permeability is slow, and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur-
face runoff is slow, and the erosion hazard is moderate.
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Gambel
oak, bromes, and elk sedge.
When range is in poor condition, Kentucky bluegrass,
_ undesirable weeds, and annual plants are numerous.
Properly managing grazing maintains and improves
range condition.
Mule deer, elk, blue grouse, gray squirrel, and wild
— turkey find habitat on these soils.
Community development is limited by high shrink -swell
potential, steep slopes, and low strength. Building sites
and roads need good drainage. This soil slumps when
saturated or if cut deep.
This soil is in capability subclass Vile, nonirrigated.
46—Nihill channery loam, 1 to 6 percent slopes.
This deep, well drained, nearly level to gently sloping soil
is on alluvial fans and sides of valleys_ Elevation ranges
from 5,000 to 6,500 feet. The soil formed in alluvium
derived from Green River shale and sandstone. The
average annual precipitation is about 13 inches, the
average annual air temperature is about 48 degrees F,
and the average frost -free period is about 125 days.
Typically, the surface layer is light gray and very pale
brown channery loam about 11 inches thick. The upper
part of the underlying material is very pale brown very
channery loam about 14 inches thick, and the lower part
is very pale brown extremely channery sandy loam and
extremely channery loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Arvada and Ildefonso soils. The Arvada soils are nearly
level, and Ildefonso soils are steeper. These areas make
up 10 to 15 percent of the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is 60 inches.
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for grazing and wildlife habitat.
Some small areas are in irrigated hay and pasture.
This soil is usually irrigated by flooding. Sprinklers are
also suitable. Since this soil is droughty, frequent irriga-
tion is needed to grow hay or pasture. Drop structures in
irrigation ditches prevent ditch erosion. Keeping the irri-
gation run short prevents too deep percolation.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range condi-
tion. Reducing brush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Mule deer, cottontail rabbit, chukar, and squirrel find
habitat on this soil.
This soil has few limitations for community develop-
ment. Community sewage facilities will be needed if pop-
ulation density increases.
This soil is in capability subclasses IVe, irrigated, and
Vle, nonirrigated.
J4
Soil name and
map symbol
12*:
Inchau
13
Chilton
14
- Chilton
15
Chilton
—16
Cimarron
17
- Cochetopa
18*, 19*:
- Cochetopa
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
Shallow
excavations
Severe:
slope.
Slight
Moderate:
slope.
Severe:
slope.
Moderate:
too clayey.
:Severe:
: slope.
:
Severe:
slope.
- Jerry :Severe:
1 slope.
,
1
20*. 1
Cryaquolls 1
1
21*: '
Cushman :Severe:
1 slope,
1 cutbanks cave.
Lazear ;Severe:
: depth to rock,
slope.
22 :Severe:
Dateman 1 slope,
1 depth to rock.
:
23 :Severe:
Detra I slope.
Severe:
24*: :Severe: :Severe: slope,
;Severe: : ,Moog.
Dollard 'e slop . 1 slope, 'i dope, lopehk=spLl'
slope. shrink -swell, 1 shrink -swell, '1 low strength.
. : low strength. depth to rock. 1 low strength.
low strength. 1
1
;
: ; 1
Rock outcrop. 1 ; ,Severe:
1 ;Severe: slope,
;Severe: :Severe: slope,
25 ;Severe: slope, : slope, large stones.
Etoe : large, large stones. , large stones.
: large stones. large stones. ; 1
1
1 ;Severe:
1
Severe:
2Fa: ,Severe: :Severe: 1 slope.
Severe: : slope. ; slope.
Fallow I slope. : slope.
,
See footnote at end of table.
Dwellings
without
basements
;Severe:
I slope.
:Slight
Dwellings
with
basements
:Severe:
slope.
:Slight
Small
commercial
buildin:s
;Severe:
1 slope.
'Moderate:
slope.
I 11
I 'Severe:
:Moderate: :Moderate: slope.
: slope. : slope.
re: Severe:
;Severe: slope.
: slope. : slope.
:
' :Severe: :Severe:
:Severeshrink-swell, : shrink -swell, : shrink -swell,
1 low strength. : low strength. : low strength.
Severe: :Severe:
:Severe: ,Severe: shrink -swell,
shrink -swell, : shrink -swell, shrink -swell, I slope,
: ' slope, : slope, low strength.
: slope, low strength.
' lou strength. : low strength. 1 1
, :
:Severe:
Severe: :Severe:
ISevere: shrink -swell,
shrink -swell,
: shrink -swell, : shrink -swell, 1 slope, slope,
: slope, : slope, lou strength.
: low strength. I low strength. 1 low strength. i
, 'Severe:
:Severe: :Severe: slope,
;Severe: I slope, : slope,
1 shore,shrink-swell, 1 shrink -swell,
1 shrink -swell, 1 shrink -swell, 1 low strength. 1 low strength.
1 low strength. 1 low strength.
: ' 1 :
: 1
•
: 1 ;
, 1
1 1 1
•
1
1 1 1
1 ; ;Severe:
: :Severe:
;Severe: ,Severe: . slope 1 slope.
slope. 1 slope. :
1
1
, :Severe:
Severe: lSevere: : depth to rock,
;Severe: I depth to rock, 1 slope, slope.
1 depth, 1 1 depth to rock. ;
: depth to rock. , slope. :
' ;Severe:
: ;Severe:
:Ssvoe. :Severe: 1 slope. : slope.
1 slope. 1 slope,
1 depth to rock. . 1
1
� 1 1
;Severe:
:Severe:
;Severe: ;Severe: I slope.
: slope. slope.
1 slope.
SOIL SURVEY
Local roads
and streets
:Severe:
slope.
:Slight.
:Moderate:
: slope.
:Severe:
: slope.
:Severe:
, shrink -swell,
low strength.
RIFLE AREA, COLORADO
105
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
Soil name and : Shallow , Dwellings : Dwellings ;
map symbol : excavations ; without ; with ;
: ; basements ; basements
I
I I
26`:
;
:
'{cock outcrop. ' '
I :
_71.
Halaquepts 1 '
:
;
S. 29 ;Moderate: (Severe: ;Severe:
Heldt 1 too clayey. I shrink -swell, ; shrink -swell,
: ; low strength. 1 low strength.
1 ;
30 ;Moderate: ;Severe: :Severe:
Heldt 1 too clayey, 1 shrink -swell, 1 shrink -swell,
1 slope. 1 low strength. ; low strength.
1 1 I
.3) :Severe: (Severe: ;Severe:
ieldt 1 slope, 1 slope, I slope,
1 too clayey. 1 shrink -swell, 1 shrink -swell,
: 1 low strength. 1 low strength.
' 1 ;
12 :Severe: :Severe: :Severe:
iolderness I slope. I slope, I slope,
Variant 1 1 shrink -swell, 1 shrink -swell,
1 1 low strength. ; low strength.
( `
3.3 34 :Severe: :Severe: :Severe:
:ldefonso 1 slope, 1 slope, 1 slope,
1 large stones. 1 large stones. large stones.
354: I
,,,(ldefonso :Severe: ,Severe: (Severe:
1 slope, I slope, I slope,
1 large stones. 1 large stones. I large stones.
1 1
Lazear :Severe: :Severe: :Severe:
_ 1 depth to rock, 1 depth to rock, 1 depth to
1 slope. 1 slope. I slope.
I ;
30, 37 :Severe: :Severe: :Sr:
eve
Irigul 1 slope, : slope, I slope,
1 depth to rock. : depth to rock. 1 depth to
i 1 1
*: 1 ;
irigul ;Severe: :Severe: :Severe:
: slope, 1 slope, 1 slope,
1 depth to rock. ; depth to rock. I depth to
1
,tarman ;Severe: ;Severe: ;Severe:
1 slope, 1 slope, : slope,
1 depth to rock. I depth to rock. I depth to
I :
i :Severe: ;Severe: ;Severe:
'erry 1 slope. I shrink -swell, 1 slope,
, slope. I shrink -swell.
Small
commercial
buildings
Local roads
and streets
;Severe: :Severe:
1 shrink -swell, 1 shrink -swell,
I low strength. 1 low strength.
;Severe: ;Severe:
; slope, 1 shrink -swell,
1 shrink -swell, 1 low strength.
1 low strength. .
:Severe: :Severe:
; slope, 1 slope,
1 shrink -swell, 1 shrink -swell,
1 low strength. 1 low strength.
,Severe: ;Severe:
1 slope, 1 slope,
shrink -swell, 1 shrink -swell,
low strength. 1 low strength.
:
:Severe: :Severe:
1 slope, i slope,
: large stones. 1 large stones.
I
;Severe: (Severe:
1 slope, 1 slope
1 large stones. 1 large
'stones.
I
:Severe: ;Severe:
rock, 1 depth to rock, 1 depth to rock,
1 slope. I slope.
;Severe: (Severe:
1 slope, I slope,
rock. I depth to rock. 1 depth to rock.
1
,Severe: :Severe:
: slope, 1 slope,
rock. 1 depth to rock. I depth to rock.
(Severe: ;Severe:
1 slope, I slope,
rock. ( depth to rock. ; depth to rock.
(Severe: :Severe:
1 shrink -swell, 1 shrink -swell,
slope. 1 slope,
1 low strength.
Ii
i ;Slight :Moderate: :Moderate: :Moderate: (Moderate:
im 1 1shrink-swell. shrink -swell. s '
shrink -swell, shrinkrength.
;
' 1
' Moderate:
;Moderate: :Moderate: ;Moderate: ;Severe: slope,
im 1 slope. 1 shrink -swell, 1 shrink -swell, I slope. shrink -swell,
1 : slope. 1 slope. I low strength.
I
1
1 Severe: Severe:
`,Svre•. ',Severe: Severe: ; slope. : slope.
slo e
.amphier 1 slope. 1 slope. ; slope. I
1
See footnote at end of table_
106 SOIL SURVEY
TABLE 7. --BUILDING SITE DEVELOPMENT --Continued
Soil name and
map symbol
Shallow
excavations
Dwellings
without
basements
Dwellings
with
basements
Small
commercial
buildings
Local roads
and streets
,
43 :Moderate: :Severe:
Limon : too clayey. : shrink -swell.
: 1
: :
44 :Slight :Moderate:
Morval : : shrink -swell.
1
: .
: 1
45■: : :
Morval :Moderate: :Moderate:
: slope. : shrink -swell,
: slope.
: :
: :
Tridell :Severe: :Severe:
: slope, : slope,
: large stones. : large stones.
: :
46 :Severe: :Slight
Nihill : cutbanks cave.
;Severe:
shrink -swell.
:Moderate:
: shrink -swell.
:Moderate:
: shrink -swell,
' slope.
Severe:
shrink -swell.
:Moderate:
: slope,
: shrink -swell.
:Severe:
slope.
;Severe:
: low strength,
: shrink -swell.
:Moderate:
: low strength,
shrink -swell,
frost action.
:Moderate:
: low strength,
shrink -swell,
: : slope.
:
'Severe: :Severe: Severe:
: slope, : slope, : slope,
: large stones. : large stones. : large stones.
1
:Slight :Slight :Slight.
,
47 :Severe: :Severe: :Severe: :Severe: :Severe:
Nihill : slope, : slope. : slope. : slope. ! slope.
' cutbanks cave. : . :
48 :Severe: :Severe: :Severe: :Severe: :Severe:
Northwater : slope. : slope. : slope. : slope. : slope.
49 :Slight :Slight :Slight :Slight :Slight.
Olney : : : :
'
1 : ' : '
50 :Slight :Slight :Slight :Slight :Slight.
Olney : :
1 1 :
4 I ;
51 :Moderate: :Moderate: :Moderate: Severe: :Moderate:
Olney : slope. : slope. : slope. : slope. : slope.
52 :Severe: ,Severe: :Severe: :Severe: :Severe:
Parachute : slope, : slope. : slope, : slope. : slope.
: depth to rock. : : depth to rock. : '
: : ,
i
53':;
: . :
Parachute :Severe: :Severe: :Severe: :Severe: Severe:
: slope, : slope. : slope, : slope. : slope.
: depth to rock. : : depth to rock. :
: . : :
Rhone :Moderate: Moderate: :Moderate::Severe: :Moderate:
: slope, : slope, : slope, i slope. : slope,
: depth to rock. : shrink -swell. : depth to rock, : : frost action,
: : shrink -swell. : : shrink -swell.
1
: : : ' 1
54 :Slight :Slight :Slight ,Slight :Slight.
Potts : : : . '
: : :
55 :Slight :Slight :Slight :Moderate: :Slight.
Potts : : : : slope. :
: ' '
:
56 :Moderate: ,Moderate: :Moderate: Severe: :Moderate:
Potts : slope. : slope. : slope. : slope. : slope.
57*: : : '
Potts :Slight :Slight 'Slight :Moderate: :Slight.
: slope.
Ildefonso :Severe: :Severe: Severe: :Severe:
: large stones. 1 large stones. large stones. : slope, :Severe:
: large stones.
large stones.
.
i : : :
See footnote at erid of table.
1
RIFLE AREA, COLORADO
TABLE 8. --SANITARY FACILITIES --Continued
109
'
— Soil name and Septic tank I
map symbol absorption :
fields I
'
'
i
- 12*: '
Inchau ;Severe: ;Severe:
: slope, : slope,
: depth to rock. 1 depth to
: 1
: :
i3 :Slight :Severe:
Chilton : : seepage.
: I
14 :Moderate: ;Severe:
— Chilton : slope. 1 seepage,
1 I slope.
: '
t5 :Severe:
Chilton : slope.
16 ;Severe: ;Severe:
Cimarron : percs slowly. ; slope.
Sewage lagoon 1 Trench :Area Daily cover
areas : sanitary : sanitary : for landfill
: landfill I landfill .
' :
:Severe: :Severe: :Poor:
: slope, : slope. I slope,
rock. : depth to rock. : : thin layer,
: area reclaim.
:Severe: :Severe: :Poor:
: seepage. 1 seepage. I small stones.
:
;Severe: ;Severe: or:
: seepage. 1 seepage. :Posmall stones.
I I
Severe: :Severe: :Severe: (Poor:
seepage, : seepage. : slope, : small stones,
: : seepage. ! slope.
'
:Severe: (Slight :Poor:
: too clayey. : too clayey.
-„17 :Severe: :Severe: :Severe: :Severe:
' percs slowly,I slope. 1 too clayey, : slope.
Cochetopa ' P P
: slope. : : slope.
: 1
18*: 1 1
._ Cochetopa :Severe: :Severe: ;Severe: Severe:
: percs slowly, ; slope. I too clayey. slope.
: slope. :
Jerry ;Severe: :Severe: :Severe: ,Severe:
— : slope, I slope. : too clayey. : slope.
:
I percs slowly. 1 '
;
19*: ::
Cochetopa :Severe: ;Severe: Severe: Severe:
I percs slowly, 1 slope. , too clayey, : slope.
: slope. ' slope.
:Severe:
Jerry ,Severe: :Severe: :Severe:
: slope, : slope. ; slope, : slope.
— : percs slowly. : I too clayey. :
: :
20*. 1 : : :
' : :
Cryaquolls : '
: I :
—21*: ' 'Severe:
Cushman :Severe: :Severe: :Severe:
1 depth to rock, : depth to rock, : depth to rock, I slope.
: slope. : slope. 1 slope. 1
I 1
-- Lazear :Severe: ;Severe: :Severe: :Severe:
: depth to rock, 1 depth to rock, 1 depth to rock, I slope.
: slope. : slope. : slope. ;
Dateman : slope, : sloe,
22 ;Severe: ;Severe: : slope. :Severe:
1 slope, ;Severe:
P
1 depth to rock. 1 depth to rock. I depth to rock. :
1 1
: :
re:
— �3 ;Severe: :Severe: ;Seto rock. :Severe:
Detra : slope. : slope. : depth}
1
24*: ' Poor:
Dollard :Severe: ;Severe: :Severe: :Severe: ;Poor:
e,
— : slope, 1 depth to rock, 1 slope, 1 slope. 1 toopclayey,
: percs slowly, 1 slope. 1 too clayey, 1 1 thin layer.
: depth to rock. 1 1 depth to rock. '
1 :
: 4
:Poor:
: slope,
: too clayey.
:Poor:
: slope,
: too clayey.
:Poor:
: slope,
: too clayey.
:Poor:
1 slope,
: too clayey.
:Poor:
: slope,
1 too clayey.
:
:Poor:
1 slope,
1 thin layer.
1Poor:
: slope,
: thin layer,
1 area reclaim.
;Poor:
1 slope,
1 small stones,
1 area reclaim.
:Poor:
: slope.
See footnote at end of table.
RIFLE AREA, COLORADO
TABLE B. --SANITARY FACILITIES --Continued
111
Soil name and : Septic tank 1 Sewage lagoon ; Trench Area : Daily cover
; for landfill
map symbol ; absorption ; areas : sanitary ; sanitary
: fields : : landfill ; landfill i
1 ; :
:
'
39 ;Severe: ;Severe: :Severe: ;Severe: :Poor:
Jerry ; percs slowly, : slope. / slope. : slope. : slope.
1
: slope. : ' : 1
40 ;Moderate: :Moderate: :Slight ;Slight
Good.
— Kim : percs slowly. : slope, ; '
: seepage. : '
:Slight :Moderate :F
air:
41 :Moderate: :Severe:
slope.
Kim : slope, ; slope. 1
_._ I percs slowly. 1 '
: ' '
Lamphier : slope. : slope. ; slope. Poor:
42 :Severe: :Severe: :Severe: Severe: slope.
slope.
: ' ' Poor:
_.43 ;Severe: :Moderate: ;Severe: Slight too clayey.
Limon : percs slowly, : slope. I too clayey.
slope. 1 I
: ' ;Fair:
44 :Moderate: :Severe: :Moderate: :Slight 1 too clayey.
— Morval 1 percs slowly, : slope. : too clayey. '
: slope. :1
1 ' 1
: ' 1 1 :
45": ' 1 Fair:
Morval :Moderate: ;Severe: :Moderate: :Moderate:
— 1 percs slowly, 1 slope. 1 too clayey. 1 slope. 1 toopclayey.
1 slope. 1 I I
1 1 1
I 1 'Poor:
Tridell :Severe: ;Severe: :Severe: ;Severe: 1 slope,
a stones.
1 slope, 1 seepage, : seepage, p lar
' large stones. : seepage. 1 g
: large stones. : slope, g I
I 1 large stones. '
, 1 :
1
' ' :Poor:
46 :Slight :Severe: :Severe: ;Severe: :P
Nihill small stones.
1 1 seepage. 1 seepage. 1 seepage. 1
1 I
:Severe: Severe: :Poor:
: seepage. slope, 1 slope,
1 seepage. 1 small stones.
1 '
'
1 depth to rock. 7or:
:Severe: Severe:
1 slope, slope.
lope.
1 1 ;
' (Fair:
(Slight :Slight
m
, 1 sall stones.
47 :Severe: :Severe:
Nihill : slope. 1 slope,
1 seepage.
— 48 :Severe: :Severe:
Northwater 1 slope, 1 slope.
: depth to rock.
•
_ 49, 50 :Moderate:
Olney 1 percs slowly.
51 :Moderate:
Olney 1 percs slowly,
; slope.
52 :Severe:
Parachute I slope,
1 depth to rock.
53*: 1
Parachute :Severe:
_ : slope,
1 depth to rock.
Rhone :Severe:
: depth to rock.
See footnote at end of table.
:Moderate:
1 seepage, ' '
1
: slope. 1
'
, '1
;Severe: :Slight 1Moderate:
1 1 slope.
1 slope. '
'1
1 '
; :
Severe:
'
;Severe: ;Severe: '
1 slope, 1 slope, 1 slope,
1 depth to rock, 1 depth to rock, seepage.
1 seepage. 1 seepage.
1 '
: :
;Severe: :Severe: :Severe:
I slope, 1 depth to rock, 1 slope,
1 depth to rock, 1 seepage. 1 seepage.
seepage. ,
' 1
:Severe: :Severe: :Moderate:
1 slope. : depth to rock. 1 slope.
I
1 '
1 1
'
1
:
:Fair:
1 small stones,
: slope.
:Poor:
1 slope,
1 small stones,
1 area reclaim.
,Pour:
I slope,
small stones,
: area reclaim.
;Fair:
: small stones,
: thin layer,
I slope.
RIFLE AREA; COLORADO
TABLE 9. --CONSTRUCTION MATERIALS --Continued
115
Soil name and ; Roadfill
map symbol
Sand
Gravel Topsoil
:
,
12": i 1 : I
Inchau :Poor: ;Unsuited: ;Unsuited: ;Poor:
-- 1 slope, I thin layer. ; thin layer. 1 slope,
1 thin layer, 1 i : small stones,
I area reclaim. 1 : 1 area reclaim.
: : :
13, 14 ;Fair: :Unsuited :Unsuited ;Poor:
--Chilton : low strength. ; . ; small stones.
: : :
t5 :Fair: :Unsuited ;Unsuited ;Poor:
Chilton : slope, ; 1 ; small stones,
1 low strength. 1 : ; slope.
16 ;Poor: :Unsuited ;Unsuited ;Poor:
Cimarron 1 shrink -swell, 1 1 1 too clayey.
low strength. . : !
1 i
17 :Poor: :Unsuited ;Unsuited
Cochetopa ; shrink -swell, , ,
: slope, :
: low strength. .
,
1 : 1
Cochetopa ,Poor: :Unsuited :Unsuited
1 shrink -swell, :
; low strength. I I
1
Jerry ;Poor: ;Unsuited ;Unsuited
slope, ; ,
low strength. ; ;
; ;
9*: : '
Cochetopa ;Poor: ;Unsuited Unsuited
: shrink -swell, :
1 slope, ,
1 low strength. .
1 1
Jerry :Poor: :Unsuited :Unsuited
slope, :
1 shrink -swell, 1 1
: low strength. 1
1 ;
0' '
Cryaquolls I
; : 1
21': 1 1 '
Cushman ,Poor: ;Unsuited: :Unsuited:
1 thin layer, 1 excess fines. 1 excess fines.
area reclaim.
; I
Lazear ;Poor: :Unsuited :Unsuited
1 thin layer, :
I slope, 1 I
: area reclaim. :
I ' :
22 :Poor: :Unsuited ,Unsuited:
)ateman 1 slope, 1 1 excess fines.
1 thin layer, ; 1
1 area reclaim. ; I
:
23 ;Poor: ;Unsuited :Unsuited
)etra : low strength. ; :
1 1 ;
See footnote at end of table.
;Poor:
1 slope,
: small stones.
,
;Poor:
slope,
1 small stones.
:Poar:
1 slope,
sr,L st.rickes ,
1 too clayey.
;Poor:
1 slope,
1 small stones.
:Poor:
1 slope,
1 large stones,
I too clayey.
,
:Poor:
1 slope,
satall stones.
;Poor:
1 large stones,
1 slope.
,Poor:
1 slope,
1 small stones,
1 area reclaim.
:Poor:
1 slope
_E AREA; COLORADO
TABLE 9. --CONSTRUCTION MATERIALS --Continued
117
Soil name and ; Roadfill : Sand Gravel Topsoil
map symbol ; �
,
: :
, :Poor: ;Unsuited :Unsuited :Poor:
: shrink -swell, , , : slope,
: slope,
: , too clayey,
: low strength. ; : : large stones.
erry
:Fair: :Unsuited :Unsuited !Good.
im : low strength. : :
:
:Fair: :Unsuited :Unsuited :Fair:
: low strength. : : e.
: : , slope.
air
:
:Poor: :Unsuited :Unsuited :Poor:
phier 1 slope :
: slope.
:Poor: :Unsuited :Unsuited :Poor:
;mon : low strength, : : : too clayey.
1 shrink -swell. :
1 '
,
:Fair: :Unsuited :Unsuited :Good.
Drval : low strength, : 1
: shrink -swell, : :
— : frost action. : :
1 : 1 :
: :
)real :Fair: :Unsuited :Unsuited :Fair:
: low strength, : ' I slope.
1 shrink -swell, : 1
: frost action. 1 '
:
: : ,
.;dell :Poor: :Unsuited :Unsuited :Poor:
1 large stones. ,
: slope,
, � : , large stones.
: : '
:Good :Unsuited :Unsuited':Poor:
hill 1 ' : 1 small stones,
1 1 1 1 area reclaim.
i 1 '
:Fair: :Unsuited :Unsuited :Poor:
Lll : slope. : ': slope,
: ,1
: small stones,
, : : area reclaim.
1 ' , 1
j
:Poor: :Unsuited :Unsuited :Poor:
hwater : slope. ,
: 1 slope.
50 :Fair: :Unsuited Unsuited :Fair:
.y 1 low strength. : : : small stones.
'
1
:Fair: :Unsuited :Unsuited :Fair:
: 4
: small stones,
ney : low strength. t' : slope.
: I ' :
:Poor: :Unsuited :Unsuited ,Poor:
1 slope,
..chute : slope, , '
: thin layer, : '
1 1 area reclaim.
: area reclaim. : '
: ,
1
'
,.chute :Poor: :Unsuited :Unsuited
1 thin layer, : ,
1 area reclaim. : '
1 : :
e :Fair: :Unsuited :Unsuited
', `bin,'£'g'eI , 4 '
1 low strength. : '
: : :
ee footnote at end of table.
:Poor:
slope,
1 area reclaim.
:Fair:
1 small stones.
RIFLE AREA, COLORADO
• •
TABLE 13•--ENGINEERING_INDEX PROPERTIES --Continued
135
; Classification ;Frag- IPercentage passing '
Soil name and ;Depth; USDA texture ; 1 Iments ; sieve number-- ;Liquid 1 Plan -
I Unified I AASHTO 1 ) 3 ; ; ; ; 1 limit 1 ticity
map symbol ; , 1 ,• ' 10 ; 40 1 200 , ; index
,inches, 4 ,,
, 1pct
T i Pot i , I , '
r ,
1
8M: ---
Azeltine ; 0-18:Gravelly sandy ISM 1A-2, A -4I 0-5 170-85 150-75 :40-65 125-40 ; ; NP
loam. ; 1 . ' ' ' ' ' 1
118-601Sand, gravel, ',GP, SP lA-1 135-60 125-70 120-65 110-30 ; 0-5 ; -
NP
and cobbles. I ;
1 ; ,
9'• 1 1 1
Bad land ; ; 1 '1
I ; '
10, 11 1 0-14ISandy loam ISM ;A-2, A-41 0 195-100195-100165-80 :30-50 I --- ; NP
Begay ,14-241Fine sandy loam,,SM, ML IA -4 ; 0-5 195-100195-100;70-95 140-65 ; 15-25 ; NP -5
I very fine sandy; , ' '
1 1 '
loam. i '
124-60:Stony sandy ISM IA -2, A-4;20-35 180-95 185-90 155-80 ;25-50 ; I NP
1 1
loam, stony 1 I 1
;
1 ; fine sandy I I ; ;
loam. 1 1 ' ' 1 1
1
I 1 1 '
I I I ; 1
12": ; ; , '
Bucklon 1 0-5 (Loam ICL ;A-6 ; 0 195-100;95-100;80-100160-80 125-35 1 10-15
1 5-151C1ay loam, loam :CL IA -6, A-71 0 180-100175 95 165-95 150-85 1 25-50 110_25
115 ;Weathered ; ' --- I--- '
bedrock. 1 1
1 1 ; , 1 '
1
1 1
Inchau ; 0-3 ;Loam CL -ML, ML1A-4 1 0 175-100175-100;70-90 150-70 1 25-35 1 5-
10
1 3-361Gravelly loam, 1GM-GC, 1A-4, A-61 0-10 155-85 150-85 145-80 135-60 1 25-35 I 5-15
1 1 gravelly clay I GM, GC, 1 1 1 1
1 ; loam, clay 1 CL ; 1 1 '
1 , 1
1 1 loam. 1 1 '
' ' --- 1 ---
; 36 ;Weathered ; ' --- ' --- ` I
1
bedrock. ; ; . '
1 1 1 1
1,
13, 14, 15 1 0-131Channery loam ---ISM IA -2, A-41 0-5 170-80 160-70 145-55 130-45 1 15-25 ; NP -5P-10
Chilton 113-601Very gravelly IGM 1A-2 1 5-30 140-60 130-60 125-40 ,15-35 1 ;
loam, very 1 1 ' ' ; 1
; I cobbly sandy 1 1 ' ' '
; ;
1 1 1
loam, very 1 ; 1
; 1 channery sandy 1 1 1 ' •1 1 1 ; ;
1 I loam. 1 1 1 '
, 1 ; r
,
16 I 0-4 :Clam IML 1A-7 1 -10 195-100195-100190-100175-90 1 45-70 1 30-45
Cimarron 1 4-60;Clay, silty c1ay:CF1, CL 111-70
-7 I 1 1 1
loam, silty 1 1 ' ` ' ; 1
1 ; ; 1 ;
; I clay. . i i i i
I 1 '
17 1 0-21;Loa,u 1ML ;A-4 1 0-5 185-100180-95 170-90 ;50-80 1 20-30 ; NP -
5
; 5-30 170-90 ;60-90 155-85 150-80 i 40-60 ; 20-40
1 Cochetopa I21-60IClay, stony ;CL CH ,A-7 1
P 1 1 1 ' 1
clay, stony ; ' I I ; 1 ,
clay loam. ; ' ' ' 1 ; ; 1
18*, 19": 1 1 1 1 , ,
1 ; ; ;
Cochetopa ; 0-21;Loam IML IA -4 1 0-5 185-100180-95 170-90 150-80 1 20-30 1 NP -5
21-60:Clay, stony ,CL, CH ;A-7 ; 5-30 ;70-90 160-90 ;55-85 '50-80 ; 40-60 i 20-40
clay, stony ; ; ; ;
1 clay loam. 1 1 1
; ;
; ' 1
'
Jerry 1 0-3 ;Stony loam ICL, CL-ML1A-4 A -6I 5-15 175-100175-100170-90 155-70 1 20-35 1 5-15
3-60:Stony clay, ICL, CH 1A-7� 120-30 170-90 170-80 160-70 150-60 1 40-60 1 25-45
cobbly clay 1 1 1 I 1 1 ;
loam, cobbly ; 1 ;
1 1 ' 1
— 1
c13y. ' , 1 ; 1 i
1 1 ; ; I
' '
1 '
Cryaquolls 1 '
1
; 1
See footnote at end of table.
SOIL SURVEY
136
TABLE 1. --ENGINEERING INDEX PROPERTIES --Continued
; Classification ;crag- ; Percentage passing 1 T
Soil name and ;Depth; USDA texture I I Iments I sieve number-- ;Liquid ; Plas-
' Unified ; AASHTO ; > 3 ' ; limit ; ticity
map symbol ; I 1 1 1
1 ; ; ;inches; 4 10 ; 40 ; 200 ; ; index
In i i 1 1 Pct 1 ; ; ; ; Pct ;
1 1 1 ; ; ; ; I I
„ushman ; 0-3 ;Stony loam ICL -ML, ML1A-4 1 5-15 ;90-100190-100185-95 :60-75 ; 20-30 ; NP -10
; 3-1l1Clay loam, sandy;CL ,A-6 1 0-10 190-100190-100,80-100;50-80 1 25-35 ; 10-15
; ; clay loam, loam; I 1 1 I : I 1 1
;11-32;Loam, gravelly ;CL -ML, ;A-4 ; 0 150-90 145-85 140-80 125-60 120-30 ! 5-10
; ; loam, very 1 GM -GC ; ; 1 ; 1 1
gravelly loam. ; 1 ;
I ; ; ; 1 1
1
1
32 (Weathered
1 bedrock I ; ; I ; --- 1 --- 1 --- � --- 1 1
1 ; : 1
1
1 1 1 1 1 1 1 1
azear ; 0-4 (Stony loam ;GM -GC, ;A-2, A-4110-20 150-80 :50-80 140-60 :30-50 ; 20-30 : 5-10
I I SM -SC ; ; I I 1
; 4-16:Stony loam ISM -SC IA -4 115-35 175-85 ;70-85 150-70 135-50 ; 20-30 : 5_10
' --- I
' 16 ;Unweathered 1 --- ; --- 1 --- ; --- ; --- ' --- 1 --- '
1
bedrock. 1 I 1 1 1 1 1
1 1
,2 ; 0-3 ;Gravelly loam---;GM-GC 1A-2, A-4; 5-10 ;55-75 150-70 140-60 130-50 ; 20-30 I 5-10
Dateman ; 3-221Gravelly sandy IGC ;A-2 ; 5-15 :50-65 ;50-60 130-45 ;20-35 1 20-35 1 10-15
— 1 ; loam, gravelly ; 1 1 1 : 1
1 I
I 1 sandy clay loam; I ; 1 : ; I
122-34:Very gravelly ;GM 1A-1, A-21 5-15 135-55 130-50 ;25-45 ;20-35 ! NP
; 1 sandy loam. ; 1 :
' 1 1 ;
,
; ; --- I
34 ;Unweathered 1 I : --- ---
I I
bedrock. 1 I ;
' 1 1 1 1 1 1 ' I
0-12:Fine sandy loam ,SM :A-4 1 0 ; 100 1 100 195-100:35-50 1 15-25 ; NP -5
tetra 112-57;Sandy clay loam,ICL :A-6 1 0 ; 100 1 100 ;95-100150-70 1 30-35 1 10-15
I ; clay loam. 1 1 1 1 1 1 1 ' 1
57
:Unweathered 1 : - - I 1 --- 1
; 1 bedrock. 1 1 I ; : I I 1
I '- - 1 1 I 1 1 I 1
4w. 1 ; ; : 1
Dollard 1 0-5 :Clay ICL, CH ;A-7, A-6: 0 195-100195-100190-100:80-95 1 35-60 1 15-40
— 1 5-251Silty clay, ICH, CL ;A-7 : 0 195-100195-100190-100180-90 : 40-60 1 20-40
; ; silty clay 1 1 ' 1 1
1 1 loam, clay. 1
; : ; 1 I 1 1
; 25 ;Weathered ; ; i 1 1 --- 1 1 --
1 1 I
; ; bedrock. ; 1 ;1
1 : 1 ; I i.;
ock outcrop. ; : ; ' 1 1 1 1
1 1 ; ; ;
25 I 0-15;Loam 1ML ;A-4 1 0-10 ;85-100180-100170-95 150-70 ; 20-30 1 NP -5
Etoe ,15-24ICobbly loam. ISM, GM IA -2, A-4150-80 150-90 :40-90 130-60 125-50 1 15-25 • NP -5
1 1 very cobbly 1 1 1 1 1 1 1
1 1 sandy loam, 1 1 1 1 1 ' '
1 ; very cobbly 1 1 1 ' 11 1
1 ; loam. : 1 1 I '
124-601Very cobbly ,GM, 1A-1, 150-80 ,50-90 ;40-90 ;35-70 :25-60 120-35 : 5-15
— I ; sandy clay : GM -GC, I A-2, 1 1 1 1
1 loam, extremely: ML, : A-4, 1 ; 1 1
1
1 stony sandy ; CL -ML 1 A-6 1 1 1 ' 1 •
1
; clay loam, very: 1 1 ; : 1 ; 1
; cobbly loam. ; 1 : ' 1 '
I
1 I
1 I I 1 ; I
I I 1
1 ' , ,
1 I 1 1 1
1
1 1 I I I
ar• low ; 0-10;Channery loam---1ML, GM :A-4 1 5-10 170-80 165-75 :60-70 140-55 1 15-25 1 NP -5
:10-42:Very channery :GM 1A-1, A-2; 5-45 135-50 130-40 125-40 120-35 ; 15-25 I NP -5
1 1
1 loam, very ; I 1 1 1 1 I
I 1 flaggy loam. ; ; ; 1 1 1
1
42 :Unweathered ; � ; ; 1 1- 1 1 1
1 : bedrock. . 1 11
1 1 1 1 1 : 1
1 1 , I , 1 I ,
Rock outcrop. ; ; 1 1 ' ' 1
1 '
1 I ; I 1 1 1
1
I
1 1 1 ;
* 1 ; ; 1 1 '
1 1 1 , 11 1
alaquepts ; ; I 1
I 1 1 1 I 1 '
— See footnote at end of table.
RIFLE AREA, COLORADO
TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued
137
T Classification ;Frag- : Percentage passing ; :
Soil name and ;Depth; USDA texture : ; ;ments ; sieve number-- ;Liquid : Plas-
map symbol : ; : Unified : AASHTO I > 3 : : : 1 : limit : ticity
1 1 1 :inches: 4 I 10 : 40 : 200 : : index
i In i i 1 1 Pet i i : i : Pct :
: : 1 1 I 1 1 : : : :
3. 29, 30, 31 1 0-8 :Clay loam ICH, CL :A-7 : 0 ;95-100195-100:95-100:75-95 1 45-55 125-35
ddt : 8-60:Silty clay, ICH, CL :A-7 I 0 :95-100:95-100:95-100:75-95 : 45-55 : 25-35
: : clay, clay loam: 1 1 . ' '
1 0-11:Clay loam ICL -ML, CLIA -4, A-61 0-5 :95-100:90-100:70-95 :50-80 : 20-35 : 5-15
iolderness Variant:l1-301Clay :CL, CH :A-7, A-61 0-5 195-100190-100:80-95 160-85 : 35-60 1 15-35
:30-60:Clay loam ICL :A-6, A-7: 0-5 :95-100185-100:65-90 :50-75 : 30-40 : 10-20
1 : :
�, 34 : 0-8 (Stony loam 1SM, GM IA -1, A-2: 5-25 150-75 145-60 ;30-45 :20-35 120-25 : NP -5
Cldefonso : 8-60:Very stony loam,:SM, GM :A-1, A-2:20-70 :40-75 135-60 :25-50 :10-30 1 20-25 I NP -5
1 : very gravelly 1 : I ; 1 : : 1 '
I I sandy loam. 1 ; : : 1 ' '
1 4 i :
: ; 1 1 1 1 ; 1 ' 1
ildefonso 1 0-8 :Stony loam ISM, GM ;A-1, A-21 5-25 150-75 145-60 :30-45 120-35 1 20-25 , NP -5
1 8-60:Very stony loam,:SM, GM IA -1, A-2:20-70 140-75 :35-60 ;25-50 :10-30 120-25 : NP -5
1 I very gravelly ; : : 1 1 .1 1 '
: 1 sandy loam. 1 1 1 1 1 1 1
,
: : 1 1 1 1 1 i 1 , I
azear : 0-4 :Gravelly loam ---:ML, GM IA -2, A-4: 0-5 :50-80 150-75 :40-65 130-55 1 20-30 1 NP -5
_ : 4-16:Gravelly loam, IML, GM :A-2, A-4110-20 :60-95 155-85 :50-80 130-70 1 20-30 : NP -5
1 I cobbly loam. 1 1 1 1 , . ' 1 1
,
1 16 ;Unweathered 1 - : --- --- --- ' --- ' '
1 1 bedrock. ; : ; 1 1
37 : 0-6 ;Channery loam---;GM-GC, :A-4 1 5-20 ;70-75 :60-75 ,45-65 35-55 , 20-30 1 5-10
igul : 1 CL -ML 1 : 1 1 1 1
1 6-17:Very channery :GM -GC :A-2 1 5-20 :20-50 ;20-50 115-30 5-15 : 20-30 ; 5-10
1 : sandy clay 1 1 : ; 1 1 1
: : loam. 1 1 1 1 1 1 1
: 17 :Unweathered ; ; 1 --- --- 1 --- i --- '
, 1 bedrock. 1 1 I 1 '
, 1 ; ; 1 1 1 ;
1 1 : ; 1 : : : 1 '
1 0-6 (Channery loam---IGH-GC, IA -4 1 5-20 170-75 160-75 145-65 135-55 20-30 , 5-10
1 1 I CL -ML 1
6-171Very channery :GM -GC, IA -2 : 5-20 20-50 :20-50 115-30 1 5-15 20-30 ! 5-10
, 1 sandy clay : GP -GC : ; 1 .
1 I loam. : : •
11
1
1 17 :Unweathered : : --- ' --- ' '
'
1 1 bedrock. 1 1 I 1 1
1 1 1 1 I
, 1 1 1
: ' , ,
arman : 0-3 ;Channery loam--- GM, SM, IA -1, A-21 0-15 :60-80 150-75 :40-60 130-50 , 30-40 I 5-10
GM -GC, 1 1 1 : i ' 1
; I
GP -GC 1 : : : : 1 1
1 3-131Very gravelly GM :A-1, A-21 0-15 135-55 130-50 ,30-45 120-35 1 30-40 , 5-10
1 : loam, channery , : : 1 ' 1 1 '
1 i
1 1 loam, very 1 , i • ' ' '
: : channery loam. 1 1 I i , 1 ' '
' , 13 :Unweathered : 1 --- : --- ; --- : --- 1 --- 1
: 1 bedrock. 1 1 1 1
i :
1 I 1 I :
1 0-3 ;Loam IML ;A-4 ; 0 180-100175-100170-95 155-70 1 20-35 1 UP -10
3-40:Gravelly clay :GC, CL, IA -6, A-71 5-30 160-90 :60-80 145-70 :35-70 1 35-60 1 20-35
1 : loam•, cobbly I CH 1 1 1 ' 1 1
1 , c.ay '.00r,, ', ,1
: 1 cobbly clay. : 1 1 ' '
1 ' '
140-60:Gravelly loam, :GC, CL, IA -2, 1 5-30 160-90 160-75 :40-70 :30-60 : 20-45 1 5-25
1 I cobbly clay. : CL -ML, : A-4, 1 : 1 I 1
1 1 : GM -GC : A-6, 1 1 : : 1 :
• ; 1 : A-7 ; ; : : ,
41 1
U-60:Loam :ML :A-4 : 0-5 :75-100175-100160-90 ;50-75 : 20-30 Kim 1 1 1 1 1 1 I 1 :
1 i
: 1 1 1 11
1 0-60:Loam :ML ;A-4 1 0-10 180-100175-100170-95 150-75 1 25-35
mphier 1 ' 1 ,
'
: 1 1 : : '
I[rigul
Jerry
See footnote at end of table.
NP -5
NP -5
•
138 SOIL SURVEY
TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued
- : Classification ;Frag- 1 Percentage passing : 1
Soil name and ;Depth; USDA texture 1 ; ;mems ; sieve number-- ;Liquid ; Plas-
map symbol ; ; 1 Unified 1 AASHTO 1 > 3 1 1 ; limit I ticit
: ; ; ;inches; 4 ; 10 ; 40 : 200 1 ; index
In i ; ; 1 Pct 1 ; 1 1 ; Pct ;
— , 1 1 _- ,
1 1 1 : 1 ; ; ; ; ; ,
43 1 0-5 ;Silty clay loam ;CL IA -6 1 0 1 100 1 100 :95-100170-90 ; 30-50 ; 15-30
Limon 1 5-60:Silty clay loam,;CH, CL 1A-7 ; 0 ; 100 ; 100 195-100;65-95 ; 40-60 120-40
: I Silty clay, ; ; ; ; 1 ; , ; ;
: ; clay. ; I I : 1 ; ; ; I
: ;
44 ; 0-5 ;Loam ;CL ;A-6 ; 0-5 :90-100185-100;80-95 :60-75 ; 30-40 1 10-15
Morval ; 5-17:Silty clay loam,ICL ;A-6 ; 0-10 ;85-100180-100165-95 160-80 ; 30-40 ; 10-15
: clayloam.1 I 1'
117-60:Stony clay loam,ICL, SC IA -6 115-35 175-85 170-80 155-70 140-60 ; 25-35 : 10-15
I stony loam. 1 ; ; ; ; ; ;
I 1 1 I 1 1 1 1 1 1 1
45■: ;
1 1
1 1
1 ;
Morval ; 0-5 Loam 1CL :A-6 ; 0-5 :90-100185-100:80-95 ;60-75 : 30-40 ; 10-15
1 5-17 Silty clay loam,;CL ;A-6 ; 0-10 :85-100180-100;65-95 :60-80 ; 30-40 1 10-15
; ; clay loam. ; 1 1 1 ; ; ; I 1
117-601Stony clay loam,;CL, SC ;A-6 115-35 175-85 170-80 155-70 140-60 125-35 ; 10-15
; 1 stony loam. ; ; ; ; ; ; ; ; ;
1 1 1 1 1 1
Tridell 1 0-10:Stony loam ;CL -ML, IA -4 1 5-20 ;70-80 165-75 :55-65 ;40-55 1 20-30 1 5-10
; 1 GM -GC, ; ; ; 1 ; 1 1 :
1 1 1 SM -SC 1 ; ; : : 1 ; 1
;10-60:Very stony loam ;ML IA -4 135-70 165-95 160-90 155-75 150-65 1 15-25 1 NP -5
; ; ;; ; ; ;
46, 47 1 0-111Channery loam ---;GM, :A-2, A -4I 0-5 160-85 ;50-75 135-65 130-60 1 25-35 1 5-10
Nihill 1 1 1 GM -GC, ; 1 : 1 1 1
; ; ; SM, ML ; 1 ; ; ; ; ; I
;11-60IVery channery ;GH, GM-GC:A-1, A-21 0-5 ;30-60 I20-50 :15-40 110-35 : 20-30 I NP -10
1 I loam, very ; ; ; ; ; ; ; I
channery sandy ; ; ; ; ; ; : , 1
I loam. . 1 1 1 1 1 1 ;
1
48
0-251Loam ICL -ML, 1A-4 ; 0 175-95 ;75-90 ;60-85 i45-65 1 20-30 ; 5-10
Northwater ; ; 1 SM -SC 1 ; ; : ; : I :
;25-50:Very channery ;GC, GM-GC:A-6, 125-30 140-60 ;40-50 135-45 ;30-40 1 20-35 1 5-15
1 clay loam, very; ; A-2, : ; 1 : ; 1 I
1 1 channery loam. 1 1 A-4 ; ; ; ; 1 1 1
1 50 ;Unweathered ; 1 1
: bedrock. ; ; ; ; ; ; : 1 I
;
49, 50, 51 ; 0-12:Loam ICL -ML, ML1A-4 1 0 195-100195-100165-90 150-70 1 20-35 1 5-10
Olney 112-33:Sandy clay loam ;SC, SM-SC1A-4, A-61 0 :95-100175-90 165-85 ;35-45 1 20-35 : 5-15
133-431Gravelly sandy :SC, IA -2 1 0 :50-85 ;50-75 135-55 :20-35 1 20-30 I 5-15
1 ; clay loam,. ; ; ; ; ; ;
; gravelly sandy ; GC, 1 1 1 1 : : ; i
1 1 loam. : GM -GC : : 1 1 1 :
143-60:Very gravelly :GM, ;A-2, A-1; 0 130-50 ;30-50 120-35 110-25 1 15-30 ; NP -15
Sandy loam, ; GM -GC, 1 1 ; ; 1 1
; ; very gravelly 1 GC : ; : : I I :
; ; sandy clay : 1 ; ; ; ; ; ;
1I loam. 1 1 1 1 1 1 1 1 1
1 ; 1 1 ; ; ; 1
52 ; 0-5 :Loam ;CL -ML ;A-4 1 0 ;90-100;90-100165-95 :50-75 1 20-30 1 5-10
Parachute : 5-18:Loam ICL, 1A-4, A-6: 0 :75-100:75-95 :70-95 :35-75 : 20-35 : 5-15
1 ; I CL -ML , 1 ; ; 1
1 SM -SC, ; ; ; 1
1 : ; SC : ; 1 1
;18-29:Very channery ;GM -GC, GM:A-1, A-2; 5-30 125-40 :20-30 ;15-30 110-20 1 15-25 1 NP -10
1 1 loam, very ; 1 1 1 ; : ; 1 1
I 1 channery sandy : ; : : ; I : :
1 ; loam. 1 1 1 1 1 : ; 1
; 29 ;Unweathered 1
: ; bedrock. : 1 I :
: ; : : 1 ; ; : ; 1
See footnote at end of table.
1
• •
EXHIBIT B
Exhibit B to General Warranty Deed dated September 13,
1982, between Gregory Addison and Edith Ann Addison as Grantors
and Bernard R. Long, Martha L. Long, Kevin J. Long, and Xiomy Long
as Grantees.
1. Ad valorem taxes and taxes for special districts
for 1982 due and payable 1983 and for subsequent years.
2. Right of the proprietor of a vein or lode to
extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of
way for ditches or canals constructed by the authority of the
United States as reserved in United States Patent recorded January
5, 1895 in Book 12 at Page 348.
3. Reservation of an undivided one-half interest in
all oil and gas reserved by D. W. Yeakel in deed recorded October
26, 1951 in Book 260 at Page 506 and any and all interests therein
or assignments thereof.
4. Reservation of a 20 foot easement along the West
line of the NW4NE4 as reserved by Barton Porter in deed recorded
August 10, 1978 in Book 514 at Page 46.
5. Twenty foot right of way and easement to construct,
re -construct, enlarge, operate, maintain and remove an electric
transmission or distribution line or system as granted to Holy
Cross Electric Association, Inc., in instrument recorded December
5, 1978 in Book 519 at Page 843.
6. Easement for ingress, egress and utility purposes
as granted to Barton Porter by Gregory Addison and Edith Ann
Addison in instrument recorded June 30, 1980 in Book 550 at Page
895. (Affects the West 20 feet of the NWANE')
7. Terms and Conditions of Oil and Gas Lease by and
between Gregory Addison and Edith Ann Addison, as Lessor, and
Snyder Oil Company, as Lessee, recorded February 27, 1981 in Book
566 at Page 14, and any and all interests therein or assignments
thereof.
8. Terms and Conditions of Oil and Gas Lease by and
between Mollie Yeakel, as Lessor and Snyder Oil Company, as
Lessee, recorded September 28, 1981 in Book 582 at Page 166, and
any and all interests therein or assignments thereof.
9. Deed of Trust from Gregory Addison and Edith Ann
Addison to the Public Trustee for the use of Glenwood Industrial
-1-
Recorded at 1 d, • o'clock M ,
Reception No. _ rgak'it.--
II
H THIS DEED, Made this
13th
day of September
JCriiI tSL
19'g?—, between Gregory Addison and Edith Ann Addison
of the County of Garfield and State of
I l •olorado, of the first part, and Bernard R. Tong, Mrtha L. Long
Kevin J. Long, and Xiany Long each as to an undivided
one-quarter interest in the whole.
whose legal address is 85 North Eighth, Carbondale, Colorado
ft -,;(1S 1'~�
Recorder.
FILING STAMP
GARFIELD
SEP 14 1982
State Doc. Fee
$ lacP
of the County of (',arfield and State of Colorado. of the second part;
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
Ten dollars and all other good and valuable consideration
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does•grant, bargain,
sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following
described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to -wit:
DOLLARS,
Refer to Exhibit "A" attached hereto
also known as street and number
7700 312 Road, New Castle, Co 81647
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-
t aiming, and the reversion and reversions, remainder and remainders, rents. issues and profits thereof; and all the
estate. right. title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances.
TO ILtVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the said
party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs,
executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part,
his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
olove conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature soever.
Subject to the exceptions set forth on Exhibit "B" attached hereto
I
and the alloyed bargained premises in the quiet and peaceable possession of the said party of the second part, his 1'.
heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof.
the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall '
include the plural, the plural the singular. and the use of any gender shall be applicable to all genders.
IN %Vl•I'NESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first
above written.
'1 I i
ISEALI
• •
Loan No. 03-2368-003781614-7
STEWART TITLE
AFTER RECORDING, MAIL TO:
Washington Mutual Bank, FA
C/O DATA PLEX
12691 PALA DRIVE - MS156DPCA
GARDEN GROVE, CA 92641
[Space Above This Line For Recording Data]
UW )
Washington Mutual DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on June 1, 2000
The trustor is BERNARD R . LONG AND MARTHA L . LONG
("Borrower"). The trustee is the Public Trustee of the County of Garfield
("Trustee") whose address is the same as the address of the Beneficiary. The beneficiary is:
Washington Mutual Bank. FA , which
is organized and existing under the laws of USA , and whose address is
400 East Main Street Stockton. CA 95290 ("Lender"). Borrower owes
Lender the principal sum of $ Two Hundred Eighty -One Thousand Two Hundred Fifty &
001100
Dollars (U.S. $ 281 250.00 ). This debt is evidenced by Borrower's note dated the same date as
this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier,
due and payable on July 1. 2030 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to
Trustee, in trust, with power of sale, the following described property located in
Garfield County, Colorado:
LOT 3 LONG SUBDIVISION, IN ACCORDANCE WITH THE FINAL PLAT OF LTHE LONG
SUBDIVISION RECORDED IN BOOK 1071 AT PAGE 964 AS RECEPTION NO. 526591,
COUNTY OF GARFIELD, STATE OF COLORADO.
which has the address of 8153 COUNTY ROAD 312
NEW CASTLE
COLORADO
32839 (02-99)
, Colorado
[Street]
81647
[City] [Zip Code]
Page 1 of 8
("Property Address");
• •
June 2003
ADU Request for BERNARD & MARTHA LONG
ADJOINING PROPERTY OWNERS:
Lee Morgan
1205 Walz Avenue
Glenwood Springs, co. 81601
Thomas C. Cook
P 0 Box 70
New Castle, Co. 81647
Dave Alderson
7700 County Road 312
New Castle, Co. 81647
Larry Martin
8149 County Road 312
New Castle, Co. 81647
•
•
9NINJt rd Ji Icy'rii? J
AIN1)09 013IdelV9
�uu�c1Nflf
aaniapau