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Home My WebLink About1.0 ApplicationPRELIMINARY PLAN APPLICATION FOR THE PIONEER POINT SUBDIVISION (Submitted as Eshelman Subdivision at Sketch Plan) GA.RFIELD COUNTY, COLORADO HCE JOB NUMBER: 2061070.00 September 17, 2012 Prepared for: Mr. Roger Eshelman 7378 County Road 100 Carbondale, CO 81623 Prepared by: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 TABLE OF CONTENTS PIONEER POINT SUBDIVISION PRELIMINARY PLAN APPLICATION SUBDIVISION APPLICATION FORM Application Form Subdivision Process Outline TAB A PRE -APPLICATION CONFERENCE SUMMARY TAB B PROJECT NARRATIVE TAB C WAIVER REQUEST LETTER TAB D GARFIELD COUNTY COMPREHENSIVE PLAN AMENDMENT TAB E VICINITY MAP TAB F PRELIMINARY PLAT TAB G PROTECTIVE COVENANTS TAB H Covenants Common Well Covenants Road Use, Utility, and Maintenance Agreement LEGALS & PUBLIC NOTICE INFORMATION Title Commitment Deeds Adjacent Property Owners Mineral Interests TAB GEOLOGIC AND SOILS REPORT TAB J Preliminary Geotechnical Study — Yeh and Associates PRELIMINARY DRAINAGE REPORT TAB K UTILITY PLAN TAB L WELL PERMITS TAB M WATER SUPPLY PLAN TAB N SEWAGE MANAGEMENT PLAN IMPACT ANALYSIS MISCELLANEOUS DATA — High Country Engineering Carbondale and Rural Fire Protection District Letter Noxious Weeds Road Sharing Agreement (Hogan Property) Accessor's Map Zoning Map Wildfire Hazard Map Holy Cross Will Serve Letter TAB 0 TAB P TAB Q SKETCH PLAN EXHIBITS TAB R PRELIMINARY PLAN DRAWINGS SEPARATE Preliminary Plat DOCUMENT Lot 1 Shared Driveway Plan and Profile 24'x36" SET Details II , 1 1 1 I r I I ' 1 , ' 1l 1 I I 1 1 1 1 L I I I I I I 1 1 : I 1 -' 1 I I I I I I I 1 I I1 1 I ..._ .-,..-11-----j _ I L.......-- i Fti - 1....- - `---. ` n - �'--- �---, _,._----Z-',-11� ` I I I : LI I�- JI I 1 _, 1 1 1- IIIUU 1I i i 1 i MI Gai:field County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.Rartield-county.com DIVISIONS OF LAND APPLICATION FORM INVOLVED PARTIES TYPE OF SUBDIVISIONS TYPE OF EXEMPTIONS ❑ Sketch Plan 0 Minor Exemption Preliminary Plan 0 Major Exemption Representative (Authorization Required) �7 -7 Name: 17/6/71 ec3r /[7% 006- , Phone: (7/ZJ ) Y7'7 — ?6 Preliminary Plan Amendment 0 County Road/Public ROW Exemption City: 6 XCF0 ,/r Otik e/A36.5 State: CO Zip Code: C�/60( Final PIan/Final Plat 0 Rural Land Development Exemption _■ ❑ Final Plat Amendment • Final Plat Amendment 0 Conservation Subdivision Yield Plan o Common Interest Ownership Community ^ Physical/Street Address: / 3 /g C t, . /00• „+skJ1/2,,,',, co t'{'2_3 INVOLVED PARTIES Owner/Applicant r p Name: ii) /,, ?r,', Phone: r'�7 0) f 3' I Pet--) Mailing Address: 73 19 C . /2.,/00 /4/7x764,??. ' ,s 7C. r --417 City: C/9AgejA..0State: ('0 Zip Code: y/6,23 E-mail: ,- / e 6./ 4,z .( Representative (Authorization Required) �7 -7 Name: 17/6/71 ec3r /[7% 006- , Phone: (7/ZJ ) Y7'7 — ?6 ,536 Mailing Address: /577 &/9/c,.---- A./e.,5-r City: 6 XCF0 ,/r Otik e/A36.5 State: CO Zip Code: C�/60( E-mail: /J L £.1!A)I5c A) & 1'c W6- o -------- PROJECT NAME AND LOCATION Project Name: P'/c5? J Fc1Arr Se liclr s Assessor's Parcel Number: 3 7 L - / 9 L- O o_- 2 Q 27 ^ Physical/Street Address: / 3 /g C t, . /00• „+skJ1/2,,,',, co t'{'2_3 Legal Description:Z/ ,,N) ?z.,1T Zone District: /l/&1 i4',4 Property Size (acres): tP i 70 65 ift,s,"27a. D9Ty' Project Description Existing Use: — 3., d 1 1► ` _'_ Proposed Use (From Use Description of Project: Table 3-503): /U/9% 0/vim Proposed Development Area Land Use Type # of Lots # of Units Acreage ��rj�) Parking 407 Single Family Duplex T I 3 Multi -Family Commercial Industrial Open Space Other Total Cn. 702. 4( REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 5-4020 Visual Analysts 5-4021 Open Space Plan Section: 4-203L Traffic Study 4-203E Erosion/Control Plan Section: 4-203F Landscape Plan 4-20306 Ground Water Section: 4-20307 Environmental 4-20309 Reclamation Plan fruepi4)ln ce,c-+.-0t Waiver of Standards 4 The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: 4-203K improvements Agreement Section: 4-101 Referral to Colorado Geologic Survey dr Section: 7-308 Roadway Standards Section: itNikkf "OI I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ‘iat-e? Signature of Property Owner Dto OFFICIAL USE ONLY File Number: Fee Paid: $ GARFIELD COUNTY Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county. cam PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2391-181-00-027 PROJECT: Pioneer Point Subdivision Preliminary Plat OWNER: Roger Eshelman ENGINEER/SURVEYOR: High Country Engineering PRACTICAL LOCATION: 7380 County Road 100, Carbondale, CO 81623 ZONING: Rural TYPE OF APPLICATION: Preliminary Plat DATE: August 23, 2012 I. GENERAL PROJECT DESCRIPTION The Applicant will be requesting a Preliminary Plat approval for the subdivision of the property into three Tots. The overall site is 6.7 acres in size. The original home will be located on proposed Lot 3 and an existing guest house will be located on proposed Lot 2. Lots 2 and 3 have existing services and access. Proposed Lot 1 is currently vacant and will be accessed via a shared gravel driveway with the adjoining property to the north. The proposed lots will meet the minimum 2 acre lot size for the Rural Zone District. They will be served by a shared well pursuant to a well permit issued by the Colorado Division of Water Resources, approved to serve three dwelling units. They will also be served by individual septic disposal systems. The property was the subject of a Sketch Plan Application and Comprehensive Plan Amendment in 2007 — 2008. Staff Comments were prepared for the Sketch Plan and the Planning Commission deferred their review pending completion of the Comprehensive Plan Amendment. The Planning Commission approved the Comprehensive Plan amendment by Resolution No. 2008 PC -01 and the current designation for the property is Residential Medium High (RMH) with a recommended density of 1 dwelling unit per 2 < 6 acres. The current proposal is generally compliant with the Comprehensive Pian designation so long as 70% of the development area is maintained as "open Land". FUTURE LANI) USE MAP EXCERPT FROM COMPREIIENSIVE PLAN 777 Pioneer Point Additional Sketch Plan review is an option that the Applicant has indicated he will not pursue moving directly into the Preliminary Plat review and submittals (Section 5-301(B)(1) "The Sketch Plan Review process is an option plan review....). The Applicant has provided information on the creation of the overall parcel and in 2007 2008 a determination was made that the property did not qualify for subdivision by exemption. Should the Applicant wish to provide additional information on the lot creation Staff would review and evaluate it in accordance with current codes. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use Resolution of 2008, as amended o Section 5-301 (C) Preliminary Plan Review o Section 5-401 Application Materials — Required Submissions o Section 5-402 Description of Submittal Requirements o Section 4-203 Description of Submittal Requirements o Section 4-202 Waiver of Submission Requirements o Section 4-117 Waiver of Standards o Article 7, Divisions 1, 2, and 3 Applicable Standards Sections III, WAIVER REQUESTS The Applications anticipates a number of waivers from Submission Requirements and Standards. The waivers are based on technical information to be provided, the small scale of the subdivision being requested (3 Tots) and the fact that two of the lots are already developed resulting in only one addition lot requiring improvements. Waiver requests anticipated at this time include: • Visual Analysis • Open Space Plan • Traffic Study • Erosion Control Plan • Landscape Plan • Portions of the impact Analysis Plan including Groundwater and Aquifer Recharge Areas, Environmental Analysis including Cultural/Archaeological Study, Wildlife Study, and Radiation Hazard Study. • Subdivision improvements Agreement • Roadway Standards IV. REVIEW PROCESS 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Planning Commission Public Hearing 5. Send out Application Referrals. 6. Complete Public Notice for Planning. Commission Pubic Hearing 7. Evaluation by Director/Staff Review 8. Review and Recommendation by the Planning Commission. 9. Schedule Board of County Commissioners Public Hearing. 10. Complete Public Notice for Board of County Commissioners Public Hearing 11. Review and Action by the Board of County Commissioners. V. SUBMITTAL REQUIREMENTS • Division of Land Use Application Form and Attachments • Table 5-401- Summary of Requirements • Section 5-402 - Description of Submittal Requirements • Section 4-203 — Description of Submittal Requirements • Article 7 Standards — Supplemental Submittal Requirements VI. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public. Hearing: Planning Commission __x_ Board of County Commissioners Board of Adjustment c. Referral Agencies: May include but is not limited to Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Colorado Division of Water Resources, Colorado Department of Public Health and Environment, Colorado Geologic Survey. VO. APPLICATION REVIEW FEES a. Planning Review Fees: $ 675 b. Referral Agency Fees: $ boo - Colorado Geologic Survey (unless waived) c. Total Deposit: $ TBD - (depending on waiver requests) (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disdairn_er The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application .ummary Prepared by: 173‘0 it/c Glenn Hartmann Date Senior Planner September 17, 2012 Narrative for Pioneer Point Subdivision, Garfield County, Colorado My wife Amelia and I bought our property on Missouri Heights in 1980. We built our house here some 25 years ago with our own hands. We raised our six children in it. Going through the Garfield County guest house process, and obtaining a Special Use Permit, we built our home. Since our house had the guest house status, our oldest son Thad, again with his own hands, was able to build his house on our property. Our land is about 6-3/4 acres. Our intent is to subdivide our land into three 2+ acre lots, with the average density of 2.234 acres per lot. We currently have an amendment to the Garfield County comprehensive plan map, permitted to us by the Planning Commission, allowing the potential for us to do this. We also are asking that the existing guest house on the future Lot 3 have its designation changed to a primary residence upon the recording of the final plan. It was no small feat for us to obtain this approval. We proved to the County that we had adequate access and infrastructure, including water uses for three single family dwellings. Our intent is to have our house on one lot, Thad's house on one lot, and be able to develop the third lot. As you can see, this is a very minor subdivision, essentially adding just one home. All of the surveys, maps, soils reports, and other related documents required to go with our Preliminary Plan Application form, have been provided to the Planning Department. If there is anything else needed, we will be glad to accommodate the best we can. We simply ask for you to help us move forward with our plans. Thank you very much? Roger B. and Amelia Eshelman CIVIL ENGINEERING September 17, 2012 Garfield County Building & Planning Department 108 8t St. Suite 401 Glenwood Springs, CO 81601 RE: Engineer's Technical Explanation for the Waiver Requests LAND SURVEYING The requirements set forth in the new 2030 Comprehensive Plan and the Unified Land Use Resolution 2008 asks for a number of studies, plans, and design standards that put an excessive financial burden on the property owner. This project is not adding an additional access point onto County Road 100. The current property already has two residences in place and this plan changes one of those residences from an additional dwelling unit (ADU) into a primary residence on a newly created lot. We want to clarify that this subdivision has the potential for adding only one new primary residence over the existing conditions. The County has also discussed with the property owner that this process would be treated more like a subdivision exemption due to the minor impact of the project. Below are narratives on why we feel the waiver requests are justified: Visual. Analysis We have provided an analysis of the visual impact in this submittal. A building site on Lot 1 will not affect the view lines to the east due to a ridgeline on BLM land. The building permit. submittal for Lot 1 will address screening the eventual building location from views to the west. Open Space Plan This subdivision will not have any open space for public use or shared use by the lot owners. We feel that for this small of a project the open space plan is not applicable. Traffic Study The impact to the traffic on County Road 100 is limited on this project because only one primary residence is being added over the existing traffic volumes. The additional traffic generated by this project at build out is 9.57 average daily traffic (ADT) based on an additional single family housing unit. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 810301 970+945$676 • PHONE 970-945-2555 • FAX W W W.FICENG.COM Geologic Hazards Yeh and Associates has addressed the geologic hazards for the property and provided the following analysis in lieu of a geologic survey. "Based on our investigation, the Garfield Count' hazard map for soil and geology did not show specific geologic hazards at this site. However, potential sinkhole locations and depths are highly unpredictable. Based on our observations, the collapse debris was mapped at lower elevations than Lot 1. Based on the performance of existing structures (up to 25 years, approximately), development on Lot 1 should exhibit similar performances. To reduce the likelihood of sinkhole or collapse development, drainage should be carefully planned to divert surface flows away from structures and improvements. We believe the risk of sinkhole development cannot be eliminated or mitigated." The building permit submittal for Lot 1 will have to have a comprehensive soils analysis performed at the specific building footprint and make specific recommendations to mitigate sinkholes. The location of the building envelope will be decided by the future lot owner so it makes practical sense to let the future soil analysis determine our selection process of the envelope location. There were soils studies performed on this site for previous construction in the 1980s by Lincoln Devore and with the attached soils study by Yeh and Associates in 2009 that covered a similar list of hazards as would be covered by a Colorado Geologic Survey. We are asking that the County waive the requirement of the Colorado Geologic Survey. We know that Garfield County has the power to waive the CGS report as allowed according to article 12 from the Colorado Geologic Survey guidelines as described below: "The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS we are under a statutory responsibility to respond." Erosion Control Plan There is no need for an erosion control plan because the there are no plans for subdivision improvements as part of the project. The work to provide utilities and access across Lot 1 will be done as part of the building permit and erosion control will be handled at that stage. Landscape Plan There is no need for a landscape plan because the objective is to not have any subdivision improvements as part of the subdivision plans. The native vegetation is detailed in the Pioneer Point Subdivision Vegetation Description. Groundwater and Aquifer Recharge Areas The site is currently served by a well from which the future Lot 1 residence will also be served. The wastewater will be treated with the use of a septic tank and infiltration field. The vast majority of the water used will return to recharge the groundwater. The project currently has two separate operational septic systems in place for the existing homes. A geotechnical. evaluation will be done for the Lot 1 building permit to find a location for the septic field that is capable of adequately supporting waste disposal. Environmental Analysis This property is already in use as a residential property and that will not change with the addition of the new residence. Wildlife Study We have included the reference to the wildlife habitat profile mapping found on the Garfield County website. This was addressed in the sketch plan submittal. Radiation Hazard Study We would like a waiver from this requirement due to the low impact involved with this project. A further analysis will be provided for the building location on Lot 1 when research is done for building permit. Subdivision Improvements Agreement There will be no subdivision improvements as part of this project. The extension of access and utilities to the additional house on Lot 1 will be completed ahead of recording of the final plat. The extension of the water service to Lot 1 will be performed by the Eshelmans and the driveway upgrade across Hogan's property will be handled by the Eshelmans and Hogans ahead of recording of the final plat. Open Land Requirement We would like to waive the open land requirement in the 2030 comp plan because the subdivision was laid out prior to the 2030 comp plan. We were at the submittal stage and actively working with the County staff on our project during the change over to the 2030 comp plan. Again we are only adding one additional primary residence on this property. Roadway Standards The north lot will utilize a shared driveway in place on the Hogan property to the north of the proposed subdivision. This driveway is in place serving a primary residence and an A.DU. This access will have an easement recorded prior to final plat that will give the traffic generated by Lot 1 access across the Hogan property along the existing drive up to the switchback and then continues across an extension spur that will be built prior to final plat. This easement will provide access to Lot 1 Pioneer Point Subdivsion and a building envelope yet to be determined. The shared driveway has been examined by the Deputy Chief of the Carbondale Fire District, Bill Gavette, and determined that the current driveway is adequate for emergency access. This driveway was allowed by the County in the past and is currently in use. The steepest section is the first leg of the existing driveway to a point where the Hogan ADU traffic is diverted off the shared driveway. This section of road that serves 3 residences is approximately only 90 feet. This section of the road is currently at 18% slope and approximately 17.5' wide. We are asking for a design standard waiver to allow this first segment of driveway to stay in its current configuration in order to avoid a third access point off of County Road 100. Most importantly, this proposed subdivision plan will not add any additional access points onto County Road 100 and with the shared driveway proposal it would avoid the need for several hundred feet of driveway up from County Road to a suitable building pad on Lot 1 and create a negative visual impact on the property. The 180' extension of the road across Hogan's property to the Lot 1 lot line will be per the primitive residential standard of 12' wide and a minimum 3' wide roadside ditch. We are asking for a road standard waiver to allow this new section of driveway to and across Lot 1 to be up to 14% grade in sections along the driveway. The fire department will make an evaluation of where we should be adding pullouts on this section of road once the building location is selected. The portion of the driveway extension across the Hogan property does not need a pullout to the short length and the switchback at the beginning of the extension already providing a turnaround location. Sincerely, HIGH COUNTRY ENGINEERING, INC. ATTORNEYS DAN KERST dan@kerststrautman.com CAROLYN M. STRAUTMAN caroiyn@kerststrautman.com KERST & STRAUTMAN P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8111 Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLEN WOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 94S-2447 FACSIMILE: (970) 945-2440 October 22, 2012 Re: Pioneer Point Subdivision Our File# 14212 (Via Email) ATTORNEYS KELLY CAVE kelly@kerststrautman.com PARALEGAL ELISABETH GETZEN egetzen @ kerststra utm an. corn a Dear Glenn: 1 am writing on behalf of my client, Roger Eshelman, in regards to his application for the Pioneer Point Subdivision (the "Subdivision"). Lot 1 of the Subdivision is not developed at this time. The road access from County Road 100 and water line from the well on Lot 3 have not been completed. My client wishes to have the future owner of Lot 1 install the water line to Lot 1 and finish the road access from County Road 100. Mr. Eshelman intends to make these improvement requirements a condition of the sale of Lot 1. Therefore, Mr. Eshelman is requesting a waiver from the Board of County Commissioners of the completion of the road access and water line to Lot 1 until such time that Lot 1 is sold to a third party. The proposed restrictions on the sale of Lot 1 are attached for your review. Please contact me if you wish to discuss this further. Yours very truly, K xc: Roger Eshelman (via email) Dan Dennison (via email) 0 U:013lnn0Lar Han f021101. .LY 11 11111 I 1 IIC ' N 111..... t• leu — — — ■ 1 ��=_lA III" IL= -1r -� s 1111— NI- _ _ _ �� _ _ ■ — ;01 1 Ili ■fl! tib.! ITIN eWWWkI"PiPAIN WAN 11141 Reception#: 747393 e4/26/3006 5e:16:33 AM Jean Alberica 1 of 2 Rec Fee SO 00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NO. 2008 -PC- F' b RESOLUTION CONCERNED WITH AN AMENDMENT TO THE GARFIELD COUNTY COMPREHENSIVE PLAN, STUDY AREA I, BY THE GARFIELD COUNTY PLANNING COMMISSION. (Parcel No, 239118100027) WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado, for which the Board of County Commissioners is authorized to act; and WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Planning Commission; and WHEREAS, Colorado Statutes at Section 30-28-106, C.R.S., as amended, authorize and require the Garfield .County Planning Commission to adopt a comprehensive master plan for the unincorporated area of Garfield County, Colorado; and WHEREAS, in November of the year 2000, the Garfield County Planning Commission adopted the Garfield County Comprehensive Plan, Study Areas I; and WHEREAS, Roger and Amelia Eshelman, requested that the Planning Commission amend the Proposed Land Use Districts Map for Study Area I from Residential Medium Density to Residential Medium High Density for land legally described on Exhibit A, attached hereto; and WHEREAS, the Garfield County Planning Commission conducted a public meeting on April 9th, 2008 upon the question of whether the proposed amendments to the Garfield County Comprehensive Plan, Study Area I should be adopted, modified, or whether any action should be taken an this matter; and NOW, THEREFORE, BE IT RESOLVED, by the Garfield County Planning Commission, that the Proposed Land Use Districts Map for Study Area I, is amended, by a vote of 4 to 3, to designate properties described in Exhibit A, attached hereto, as Residential Medium High Density. As such, the property described more fully in Exhibit A, shall be designated as Residential Medium High Density an the Land Use Districts Map for Study Areas I of the Garfield County Comprehensive Plan of 2000. The foregoing resolution was adopted by the Garfield County Planning Commission on April 23`d, 2008. AfJ. ST: Philip Vaughan, Chairman. Garfield County Planning Commission Secretor , Garfield County Planning Commission II FIRi1 M,Wd ,W41,P4'. 0, !hi kJ 1111 Reeept i ori# : 747393 44/26/2000 1O;IB;33 AM Jean glberico 2 of 2 Ree Fee;S0.00 pot Fee:0.00 GARFIELD COUNTY CO ESHELMAN PARCEL LEGAL DESCRIPTION A PARCEL OF LAND SITUATED 1N THE W1/2NE114 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4" BRASS CAP IN PLACE THENCE S32°07'22"W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID W1/2NE114 THE POINT OF BEGINNING; THENCE $00°16'39"W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE N87°35'30".W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND CAP L.S. #5447 FOUND IN PLACE; THENCE N30°20'54"W A DISTANCE OF 468.01 FEET TO TEE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N28°00122"W ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN RECEPTION NO. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N85°12'35"E A DISTANCE OF 458.09 FEET; THENCE - 501 °07'30"E A DISTANCE OF 361.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692; THENCE N88°52'30"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 6.702 ACRES, MORE OR LESS. VICINITY IVAP SCALE: 1" = 4000' HIGH COUNTRY ENGINEERING, INC. 14 INVERNESS ORiVE EAST,STE 1,120, P_!4GLEWOOD, CO ow S2 PHONE (303) 9250544 FAX (203) 9250547 18175 AKE AVENUE, STE 101, GLENWOOD SPRINGS, CO91601 PHONE (970) 9458676 FAX WO) 9452555' W W W.HCENG.COM ESHELMAN GARFIELD COUNTY, CO PIONEER POINT SUBDIVISION VICINITY MAP DRAWN BY: DRD SCALE 1" = 4000' CHECKED BY: TJS PROJECT NO: 2061070.00 DATE: 9-17-12 PAGE: FILE J:/SDSKPROJ/206/ 1 O7O/TiwG/VICINn-v. WG TITLE CERTIFICATE An AGENT AUTHORIZED BY LAND 1171E GUARANTEE COMPANY DOES HEREBY CERTIFY THAT I HAVE E1AM1Nm THE TITLE TO ALL LANDS SHOWN UPON 1-11S PLAT AND THAT TITLE 10 SUCH LANDS 15 'E51E0 IN RORER O. AND AMELIA 5. ESRELM .0 FREE AM) CLEAR OF A11 BENS AND EPJCL418RA3CE5 (INCLUDING MORTGAGES DEEDS OF TRUST JUDGMENTS, EASEMENTS, COPITRACTS AND AGREEMENTS 07 RECORD AFFECTINS THE REAL PROPERTY IN TINS PLAT). EXCEPT AS 1 FCLH:PCS "SEE TITLE COMMITMENT 11O1E5 FOR EXCEPTIONS 16 1111.11". /-." '~\ f s' DATED THIS MY OF AO, 2012. 11 11 1 } 1� \1 \ I l 1 1 BY t l 1 1 LAND TITLE GUARANTEE COMPANY 1317 OPAND AVENUE. SUITE 29D GLENWOOD SPRINGS, COLORADO 31601 AUTHORIZED A094T TITLECOMMITBIENTSCHEDULEBREXCEMIONSNOTES LAN) TITLE GUARANTEE COMPAHT COMMITMENT ORDER NUMBER 11.183067307 DATED AUGUST 14. 2012. E105111IONS 1 THOUGH 7 ARE STANDARD EXCEPTIONS, 10. THIS PROPERTY IS 5081801 TO ROTE OP WAY FOR CINCHES 011 CANALS CONS1RUC100 BY THE AUTHORITY OF 111E U131E0 STATES AS RESERREO IN UNREO STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 369 11. MRS PROPERTY IS SUBJECT TO RIGHT OF PROFRETOR Of A NEIN OR LOGE TO EXTRACT AH10 REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PEOIETRATE OR INTERSECT THE PRtrA15ES AS RE0ERREO IN UP1TE0 STATES PATENT FECDR000 APRIL 17, 1809. IN ERX1 74 AT PAGE 3&R, 07, THIS PROPERTY 15 SUBJECT TO TERMS, 0066011305 AIJD FR01510143 Of DEED RECORDED 16 BOOK 521 AT PAGE 149. M. THIS PROPERTY IS SUBJECT TO TERMS, 001100RON5 AND PROVISIONS OF RESOLIJT10N NO, 36-033 RECORDED MAY 01 1803 IN 9000 753 AT PAGE 344. 14. 0015 PROPERTY IS SUBJECT TO TERMS CONDITIONS AND PR0116,0NS OF RIGHT CF WAY EASEMENT RE05RDED 100010RY 05, 1090 IN 8001( 770 AT PAGE 547 A6CO 15 PLOTTED THEREOF, 15. THIS FMULPJRT15 SUBJECT TD TERMS, COMMONS AM PRO1/4.151085 CF CONTRACT RECORDED APRIL 25, 1890 IN BOOK 777 AT PAGE 586. 18. THIS RROPERTY IS SUBJECT TO TERMS, CONDEMNS AIX P30,101066 OF INSTRUMENT RECORDED 110108ER 10 2003 IN 80011 1528 AT PAGE 607. 17. THIS PROPERTY IS SUBJECT TO TERhI5, CO6DR4030 AIM PROVISIONS OF BOUNDARY' UNE ADJUSTMENT AFFIDAVIT RECORDED OCTOBER 10, 2503 R2 BOOK 1528 AT PAGE 906. 18, 1815 PROPERTY 10 SUBJECT EA -9061C110. RIGHTS OF WAY A05 OTHER MATTERS A5 SHOWN, 017 ESHELNIM/HO0Ai BOUNDARY LINE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER 3E101111011 110. 636443. T9. THIS PROPERTY IS SUBJECT TO ANY BOUNDARY DISCREPANCY 1111E TO THE LOCATOR OF FENCE LINES AND THE EFFECT CF ANY RIGHT. RILE CR 1141EREST' 1841 MAY BE CLAWED DUE TO ANY SA10 DISCREPANCY. 29. THS PROPERTY 15 51B.;ECT TO TURAS, 00FD10OIIS AND PROVISIONS OF RESOLUTION RECORDED APRIL 211, 2008 AT RECEPTION 140. 747393. 3O' ACCESS AND 1 U11UTY EASEMENT RECEPTION, 140._ \ '1 09111114 \ \ PARCEL Na \ \ 2391-182-00-220 JANES F. SOREDISEN f 7299 COUNTY 11080 10 080 0 ��. CARBONDALE. OXS. 91823 BOARD OF coutrrfYCOMMISSIIDNERS C5R7TFTCATE THIS FECAL PLAT OF PIONEER POINT SUBDIMOCC1 15 APPROVED BY THE BOARD CF 00514TY COMMISSIONERS Of GARFIELD 00611rr, COLORADO THrs DAY OF 2012, FOR FILP1G WITH THE CLERK AILD RECORDER OF 51110EL0 COUNTY M10 FOR CONLE191ICE TO THE COUNTY OF THE P481_10 DEDICATIONS SHOWN FEREEM 510.EOY TO THE PRCR45%k4 THAT APPROVAL IN 010 WAY OBLIGATES GARFIELD COUNTY FOR 015,94101112 0R CONSTRUCTION OF 111PROAEME1J15 ON LANDS PU611C ROADS 1HC13WAY5 DR EASEMENTS QEDICAIED TO THE PUBLIC, CxCEPT AS SPECIFICALLY AGREE) 01) BY THE BOARD OP COUNTY COMNt5510HERS BY SUBSEQUENT REBCLOTION. 1+45 APPROVAL SHALL IN 410 WAY OBLIGATE 563111 LD/ COUNTY FOR DIE CCNS1RUCT101J, REPAIR OR MAINTENANCE OF PUBUO ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEIXCATIONS 58094 HEREON. Ori CHAIRMAN, BOARD OF COVEY pCMM185105ERS GARFIELD MINTY, CCLERA0O W ITNESS MY HAND AND THE SEAT. OF TILE 00UN1Y CIF GARFIELD. ATTEST - COUNTY CLERK PLAT NOTES: . COMM- 1f 1,30019115 HEEDS 4S THE RESPONSIBILITY OF 144E PROPERTY 091503 16 C REHM MTH THE CCAGRA00 1+0X1005 WEED ACF AND THE GARFIELD COAT). 41100 MANAGEMENT. 2. APPL1LISTON FOR A 31ALDIIG PERMIT FOR EACH LOT WITHIN 1HE 9165IMSXRI SHALL 111410E A SITE SPECFIC Fq.E130110IN STUDY 0060 13Y A 02,1417109 REGI5TEREO PRO-095014AL E11FNEER N 111E STATE CF COLORADO. 3. COLORADO I5 A "RC14T TO FARM' STATE PUR9JANT TG C.R.S 35-3-101, et ,w3. LANDOWNERS, RESDETNT AND VISITORS ,MST HE PREPARED TO ACCEPT TREE ACAN11E5, 51042. 50Ur105 ONO SMELLS OF 000010LD 00,6I7Y5 AGHICLI TOk1L OPERATIONS AS A 1JORNAL AND NECESSARY ASPECT Cr 01401G IN COUNTY 44114 0 5TRON0 RURAL CHARACTER AND A ,HEALTHY RANIOTING SECTOR. 'HOSE 111TH AN U34401 00440181TY MAY PERCEVE 3101 ACTIVATES. 51CHTS, 5004,05 AHO SMELL, 6P8Y AS 100LT11081ENCE, EYESORE. 11000 AND ODOR 1-104E0ER, STATE HAW AND 0OUNTY PDUCY PROv10E THAT RANO14110, FARMING CR OTHER ACRCULTURAL ACTM1106 AND OPERATIIXJ5 WIT411 GARFIELD COUNTY SMALL ,NOT RE COI9DERED TO 90 NUISANCES SO LONG A.5 OPERA,@ IN 00NFCR4ANCE ,NTH THE LAW AHO IN A KM -NEGLIGENT MANNER. THEREFORE, ALL 14.151 BE PREPARED TO ENCOUNTER 110500. 00'.x+. LIGHT, MUD, OUST. 5MDME, CHEMICALS, 44001111ERY ON PUBLIC ROAD5, LI5ESTD0. CN PUBLIC ROADS, STLP.SGE AND DISPOSAL CF MANURE, AND THE APPLICATOR BY SPRAYING OR OTHERWISE OF CHEMICAL FERTUEER4 SGL AMENDMENTS, HERBICIDES, AND PE50CJ005. ANY ONE DR MORE OF 91111 MAY NATURALLY OCCUR A5 A PART OFA LEGAL AIN0 14015-NEDUGENT AGFICULTORAL OPERATIONS. 0. O10 (1) D005 WILL BE AtLOWPA FOR EACH 603DENTAL UNIT 014 1183 LOT, ANO THE DOC STALL RE REQUIRED TO RE COFJF3JED WITHIN TRF ova -Ws PROPERTY 85I.1104RIES. ENFORCEMENT PR0V1901d5 SHALL BE DEVELOPED FGR AUIRRINO 1+10 RC440NAL OF A DDC FROM THE AREA, AS A FINAL REMEDY IN WORST 4A115. HD OPEN HEARTH 50UD-FUEL RREPLACES TALL BE ALLOW@ WNYIAHERE 411311 THE SUDOMSA6 ONE (1) NEW 901J8 -FLEE 803111M 5105E AS 0EFELE0 BY O.RS, 2947-401, EL. SEG., AND THE REGULATIONS PRC2MLGA1E0 PERMITTER. COIL BE ALLOWED 10 ANY DWELLING UNIT. ALL DRE111+0 WNTS WILL BE AIMED AN UNRESTRICTED NUMHER 00 NATIRAL GAS SURNI116 STOVES AND APPLIANCES 8 ALL EXTERIOR LICJHTIIIC H-IALL HE THE 1.1119148 AMOUNT PNECESC.ARY At10 111 EXTERIOR UC141340 SHALL HE DIRECTED INWARD AHD D0851++APD, TCWAPDS THE 11111/308 OF THE LOT. FWDMSM5 MAY BE MADE TO ALLOW FOR SAFETY 0017440 THAT CCE5 BEYOND THE PROPERTY 200404RES. 7. NO FURTHER 5JBOTIISIOPI OF A RECORD@ SUHDMSION SHALL BE ALLOWED, EXCEPT WHERE IT 15 PROVE@ FOR 48 AN APPR0,110. PRELIMINARY 0R YAIEN THE EC11110 DF TF€ PROPERTY ALLOWS FOR MLLT-FANILY DWELLINGS AS A U9E 8Y RIGHT ANO THE APPLICATION IS FOR 1JL0-FAMILY 06EZ0130. B. BASIS CF 6EAR1105 FCR THIS SURVEY TS A BEAR111G OF TOLE NORTH 0ETER1,104TD 91 CPS OBSERVATIONS YIELON0 A REARING Cr 00046'39'W BETWEEN THE NORTHWEST WRHER Cr 5ECTIQ14 17 A 1972 CARRELL, COUNTY 8RASS CVP 4,10 THE WI/4 CCR+IER OF SECTION 17. A 2002 0Iµ BRASS CAP BOTH IN PLACE. 9 THIS PROPERTY 15 SUBJECT TO REV/NW'1100S, RESTRICTIONS, CO'h11ANT5 ANC EASEMENTS OF RECORD OP 111 PUCE 10 DATE Cr SURVEY WAS JULY 2003. H. THIS RAT 16 BASED ON RECEPTIONS 40. 320331 ANI) RECEPTOR .14O. 486032 AND CRIMPS FOU'10. IN PLACE. Nunn. MMOIT:1.14 TO COLD[ADO TM MST LOOM. MIT LIM, ALTON BASED ,01%x! 01111 CEFEC1111 TH9 an.EY N1146 1HRFE YEARS 30{0 TOL. 441 OFFECF 14 3333. 6UCH OUIECT LEI S.,' NAT AMY 1411 9491FY RE 01!6046➢ MERE 1H31 O' TDI ac4IM FROM TIE Dere OF 0:1,FKA111311 SHIM HEREON. 4i PRELIMINARY PLAT PIONEER POINT SUBDIVSION A PARCEL OF LAND SITUATED IN LOT 3, LOT 12 AND THE El f2 OF LOT 13, SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE STH P.M. COUNTY OF GARFIELD, STATE OF COLORADO CERTIFICATE OF TAXES PAID 4 1, THE 0NDE80111400, DO HEREBY CERTIFY THAT THE DOM AMOUNT OF FAXES ATO ASSESSMENTS DUE A110 PAYABLE A5 OF UPON ALL PARCELS CF REAL ESTATE DESCRIBED OM 11-115 PLAT ARE PALO FULL DATED 1115 GAY DF A0 2012. 5, 61: TREASURER OF GARFIELD COUNTY 35512'35"E SET N0. 5 REBAR 16 YELLOW PLASTIC CAP MARKED PROP CORHQ1 HOE 1519598 \ x \ MEER PARCEL 3239114151-00-025 ANN v. HOGAN 118 COUNTY CLUB 00. (00140ON, INC, 27932 458.09' 568'52'30"W WEE HOLY CROSS ELECTPFC ASSCi9AT1014 9OHT-DF-WAY 8K, 1331 PD. B3 LOT 1 2.471* Ac. 50252'30'W 28.53' 227.58' 147, 501'07'3CE 3 CURVE TABLE CUR'+E RADIUS DELTA LENGE, r.P10ENT 110000 BER01N0 CHORD Cl 300.0)' 04142'31" 16 44' 0.22' 14 43'31'31" W 16.43' C2 '02,00'' 00'21'0]' 2415' 14 60' S 41'4216' E '9.12' C3 29900 06'41'37" 3033' 1,92.0' 11 4153134' .5_ 5 89'24'02'..6 11 =r-1. +'" 30.32' 05.95' 19.34' C4- 4000' 38'4510'_... I 6196' 30.''-' 05 2013,00' 05'32'34' 19.35' I 0 4, 1 SET NO. 5 REBAR & Yt3.LOR PLASTIC GAP MARRED PR00 COWER HCE LS19508 OWNER PARCEL .3 2391-1E114004036 MARC A & 0143111 M. 1 4400004 7207 COUNTY ROAD 106 CARBONDALE. CO. 81823 COUNTY SURVEYOR'S CERTIFICATE 10' ACCESS \ An Ui1UTf \ EASEMENT (FSR LOT 1 \ WATER SERMGE) 02554'w 29.96' 20' 4ACE HOLY CROSS ELECTRIC AS501080061 RIGH1407-WAY EASEMENT Bk. 770 PG. 597 APPRO§EO FOR CONTENT AND FERIA CA1LY .4312 1161 THE ACCURACY OF SLAVE CAOCLLATMRIS ATE ORAFTN0 R,IRSOANT 70 CRS,, 36-51-101 AN0 102, ET S1e•• DATED THIS 04'1 CF 2012 811 044311.1060 0551110 913501103 LIENHOLDER CONSENT AND SUBORDINATION THE 01,0ERS!CI100, BEING THE BENEFICIAR1 UNDER A 0EE0 117 TRUST GRANTED BY THE 041100(5) I.POIJ THE REAL PP,OPERT PLATTED AND DIVIDED AS 500'911 UP911 THE WITHIN 784AL PLAT OF P108NEER POINT 10900751011, CERTIFIES 11407 THE UNDERSIGNED HAS RENEWED THE FINAL PLAT OF PIONEER POINT 5080Iv1SI011 AND BY T145 CERTIFICATION HEREBY CONSENTS TO SAID FINAL FLAT CF PIONEER P01HT SUBDIVISION .AMID TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS 10 SAID FEIN_ PLAT OF PIONEER PUNT 51.1604513XT1 A3 STATED IN THE CERTIFICATE OF DEDICATION APE OWNERSHIP EXECUTED 8Y THE 0411 HEREON, AND HEREBY SUMMATES ANY INTEREST THAT' BENEFICIARY MAY HARE IN AND 101 THE PROPERTY SUBJECT TO SUCH DED10.411 ,L TO THE 111T11'101E5) OR THE GENERAL PL8L10 TO WHHICH 9JCH DEDICATION LS MADE GRAPHIC SCALE 45 S. ,9; VICINITY MAP SCALE: 1' - 2000' CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED ROGER B. ESHELMAI AND AMELIA 5. ESHELMAI BEING SOLE 03263,(5) IN EEE SIMPLE OF ALL THAT REAL PROPERTY E6TUATEO IN 50030 D COUNTY, DESCRIBEQ AS 4011,01451 A PARCEL 1I7 LAND SITUATED IN THE W1/2NEI/4 SECTION 18, TOWNSHIP 7 SOUTH, RANCE B7 WEST CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY 21 CARNE 0, STATE CF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW0 07MM1JICINO 11- THE NORTHEAST CORDER CF SAID SECTION 18 A 2-1/4" BRASS CAP IN PLACE THENCE 032177'211'W A 031430E OF 2250.67 FEET TO A P511.11 BHF THE EASTERLY 80004D4RY OF 5410 W14/211E1/4 THE POINT GF BEO1RNNG: THENCE 500'13'38'W AL0110 SAID EASTERLY LITE A DISTANCE GE 42522 FEET; THENCE CEA3NC SAID EASTERLY LINE 1+67'35'30'4- A DISTANCE OF 070.10 FEET 7O A PONT 30 FEET OFF THE CENTERLINE OF MINTY 8040 150. 100, AS 0014TRUDTED IN PLACE, A. REBAR ANO C4P LS. 451-47 • FIR1110 11N PLACE; THENCE 143020'54"W A INSTANCE OF 485 DI FEET TO Tif SOUTHWEST CORNER OF THAT PROPERTY DESCRIBE) IN RECEPTION 150. 486652 OF THE CARREIJO COUNTY CLERK AND RECORDER'S OFFICE; THENCE 012011122"W ALONG THE 0.6510 LY RIGHT-OF-WAY FOR COUNTY ROAD 1FO. 100 (AS DESCRIBED 115 RECEPTION NO 488692) A DISTANCE OF 372.07 FEET; THENCE LEAVING SAID RICHT-OF-WAY N65'12'35"E A 015TAI10E DF 456.09 FEET; THENCE 50147'30"E A DISTANCE CF 351.96 FEET ID A POINT CR THE Y IN 1 J - H 1J Y N SOUTHERLY LIRE SAID 4 114 C4 NCR 00 BEG T E CE 11085231.1E ALONG SVD SOUTHERLY UTE A pETA2CE OF 214.47 FEET 70 THE PONT OF BEDfi1rJR1D. 0IX4TAR41140 5.702 A0RES. MORE 019 LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAD OUT. PLATTED AND SUBDIVIDED R4T0 LOTS AHD BLACKS AS SHOW( CN THIS FR1AL PRAT UNDER THE NAME AND 591E OF RONEER POINT, A SUB01L1SIG3 IN COUNTY DF 04371(LD. THE 6W1lEFi(S) OD HEREBY DEDICATE 10 THE PUBLIC UTILITIES 1605E PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS 031 RLE ACOCMPAINYIHG FLAT AS PERPETUAL EASEMENTS FCR THE INSTALLATION AND 91PINTEHCE CF UTILITIES, IRRIGATION AND ORAINAC0 FAGUTIES INCLUDING, BUT NOT Ui111EA T0, ELECT30 NINES, GAS LINES AND TELEPHONE LINES, 1OCEIHER WITH THE 141111T TO IBM INTERFERING TREES AND BRUSH. WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR 11450ALLATI0N APL) MAINTENANCE OF SUCH U11E5. S11CH EASEMENTS AND R10111S SHALL 85 UTILIZED IP A REASONABLE ANO FRUDEI+T MANNER. 201 PARCEL (12381 -1 -161 -OD -DM AFRO V. HOGAPI t10 COUNTY CLUB OR. EDE74TCRL NC. 27922 SET NO. S REBAR L1 YELLOW PLA5TD CAP' MAPNED FRCP CORNER HOE 1519378 (INFEST) 1 i LT - 50 H. SET NC) 5 REBAR YELLOW PLASTIC CAP 14ARKED PROP CORNER HOE L0T9598 W 216.117' LOT IG 2.113* AC. w' 469.98' LOT 3 2.117* Ac. 00(001EO THUS ALPINE BANK 137 MIDLAND AVENUE PO. 000 349 BASALT, COLORADO 81321 Bd DAY Cr AD 2012. ADTHOT32E0 RSTRESE4TATIVE STATE OF COLORADO COUNTY OF sS THE FOREGOING LENH01.0ER CONSENT AND SUB0160111ATCN WAS 40+010WAE0CE0 BEFORE AE THS ]AY Cr QD13 BY MY COMMISSION EXPIRES:. M1NE35 MY HAND APD SEAL, NOTARY PU910 2275'37T - S LANDUSESUMMNUIY LOT ADDRESS i. \ PROPOSE 30' ACCESS ! 6NTLITY EASEMENT t.5 94WR'A1'E 36.16' 83607'02'11 04,241' PROPOSED 20' ACCESS Ar. UTILITY EA5EM515 EQSTINB 6141 FOUND 120 5 REBAR B PLASTIC CAP LS NO. 67447 54.12 t F "�M1 42 UBE AREA 1 XXX0 COUNT, ROAD HO 100 2 :1100 COUNT ROAD NO, 100 3 XXXX COUNT, ROAD 410. 100 RES10E14T14L 0800014001 RE511E00AL 2471 ACRES 2.113 A34ES 2.117 ACRES TOTAL 1.07 AREA 4.702 ACHES TOTAL ARE,. 5.722 ACRES \ '1627 26 7'35'30"W 001.0110 NO. 5 REBAR B YELLOW PUSTM CAP LS 00. 11111 t EXISTING HOUSE NE 00330 SECTION IB FOUND 2-1/4" BRASS CAP C-FIXN14D NO. 5 REINS/ (604106)10 12,60') 116.38" W 425.2 OWNER PARC EL,* 2391-074-00-951 BUREAU OF LAND MANAGEMENT -SER MO. 5 ROAR B .TELL9w PLASTIC CA8 MARKED PROP CORNER HCE 1110596 270.10' e A .393 COUNTY ROAD 102 CARBONDALE, CO. 81623 060001ED 1HFS _ OAY OF A 0 2012 DRIER: RODER B. ESHELMAN2 7376 COUNTY ROAD 100 CARBOINDALE,CO 61523 STATE OF DOLDRA00 COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATION DF 0441490HP WAS ACKNOWLEDGED BEFORE ME THIS _ _. DAT 2012. BY R170'4R 8. ESHELMAN. M? 004+1IS91011 EXPIRES. W?PNES5 MY HAND ARD SEAL NOTARY PUBLIC OWNER AMELIA 5. 058E111411 7378 COUNTY ROAD 100 CARBONDALE, CO 61623 STATE OF COLORADO Q%1NTT OF GARFIELD )64 THE FORE601115 CER11F10411011 OF DWl.1035HP WAS A0IUJONLEOCE BEFORE ME THIS DAY PF 2012, 5'1 AMELIA S. 5$HELMA1) MY C'ON11.955106 EXPRE51 _.. WITNESS MY HAND AND SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, 034.144 W HARRIIJ0103, qO 11EREHN L'ERT1FY THAT I AM A PROFESSIONAL LAND 511RLEYOR LICENSED 014060 THE LAWS OF 11E STATE OF COLORADO, THAT THS FINAL PLAT IS A TRUE CORRECT AND COMPLETE PLAT OF PIONEER EQ.M 909IDLL,SIG . AS LAID OUT. PLATTED, DEDICATED AND 5HDMY1 HEREON, THAT SUCH PLAT WAS RODE FROA1 AN ACCURATE SUR VET CT 5)110 PROPERTY BY ME AND UNDER MY 008034ISON AND CORRECILY9HC313 THE 10C30I03 AND 06.101190112 of 11-E LOTS. EASEMENTS A10 STREETS OF 11104.F01' POINT SUBDINI3ON A5 THE SAME ARE STARED UPON THE GROUND IN (03313AI4CE 9118 APPLICABLE REGULATIONS GOVERNING THE 51351151011 OF LAND. 104 WITNESS WHEREOF I HATE SEE MT HAND AND SEAL THIS DAY OF 2012. BY: FRANK W. HARRI MO., LS. 919529, 01105 MOH COUNTRY ENGINEERING., 11IC. 1312 BLAKE AVENUE, 5,111E 101 001114830715 SPRINGS. CO 81601 -1-1!5 ?L,,.T '11£:5 FLED FOR RECCR0 IN THE OFFICE OF TFE CLERK AND RECORDER OF PI1KT4 MINTY AT -_ O'CL0CK__M., 014 THE ,,__ DAY OF AD. 2912, AND 1S DULY REGORGED 1'1 6036 PAGE RECEPTION NO CLEAN FID RECOR2,E1 0Y: DEPUTY S4 no oh Q 9 ze° As< 0.m+} 1 1z Z lI] WWrt A a W 3 PROJECT NO. 2061070 1 or 1 COVENANTS FOR PIONEER POINT SUBDIVISION GARFIELD COUNTY, COLORADO These COVENANTS FOR PIONEER POINT SUBDIVISION (the "Covenants") are made and entered into this day of , 2012, by the undersigned owners, being all of the owners of that certain Garfield County, Colorado, real property hereinafter described, and said owners do hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Real Property. The real property which is the subject of these Covenants consists of three (3) Lots (collectively the "Lots" or individually a "Lot") situate in Section 18, Township 7 South, Ranch 87 West, in the 6th Principal Meridian, Garfield County, Colorado, and described as follows: Lot 1, Lot 2, Lot 3, Pioneer Point Subdivision Plat (hereinafter the "Plat") recorded as Reception No. in the records of the CIerk and Recorder of Garfield County, Colorado. 2. Well Easement. Each of the Lots shall be subject to and have the benefit of that certain well easement depicted on the Plat and described more particularly in the Common Well Covenants recorded simultaneously herewith. 3. Access and Utility Easement. Access to Lot 1 is obtained from that certain access and utility easement depicted on the Plat and as more particularly described in Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado. Said easement herein described shall be for the exclusive use of the owners of the Lot 1 and their guests and invitees for access, utility and maintenance purposes, subject to the conditions and limitations herein contained. Any utilities installed in the easement shall be placed underground except for pedestals and other above ground equipment customarily used in connection with underground utility installations. Said above ground utility poles on Lot 1 shall be constructed in line with existing poles and pre -approved by the Homeowners Association. 4. Homeowners Association. The owners of the Lots shall constitute an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act known as the Pioneer Point Homeowners Association (the "Homeowners Association"). The Homeowners Association shall be responsible for enforcing these Covenants as hereinafter provided. 5. Common. Water System and Sewage Disposal. Lots 1, 2 and 3 of the Plat are served by a common water system as defined in those certain Common Well Covenants recorded as Reception No. in the Garfield County Clerk and Recorder's Office and Page 1 of 5 which are incorporated herein by this reference. Each Lot of the Pioneer Point Subdivision shall own, maintain and operate its own individual sewage disposal system and pay all associated costs. 6. Restrictions. No buildings, structures or other improvements shall be constructed, erected, installed or otherwise permitted on or over the easements herein described which would limit or restrict the use of the easement and license area for the purposes herein provided. Notwithstanding the foregoing, Lot 3 shall be able to build a garage within the well easement located on Lot 3 so long as the Well remains operative, serviceable and usable by the Lot owners. 7. Road Maintenance and Repair. The owner of each Lot shall bear the cost of and be solely responsible for the construction, maintenance and repair of the driveway or access road to serve such owner's Lot which shall include periodic grading, crowning and graveling of the road as necessary to maintain the road for year-round use by standard four-wheel drive vehicles. Notwithstanding the foregoing, Lots 2 and 3 are served by a common roadway as defined in that certain Road Use, Utility and Maintenance Agreement recorded as Reception No, in the Garfield County Clerk and Recorder's Office which provides additional obligations and enforcement rights to said Lot owners and is incorporated herein by this reference. 8. Hunting. The owner of each Lot shall be entitled to hunt large and small game on such owner's Lot with proper license and the discharge of firearms except that no firearms may be discharged in the direct line of sight of any structure, including, but not limited to, domestic, vehicular or any physical property or personal property, located on the Lots and adjacent property. 9. Nuisances. No owner of any Lot shall permit or suffer anything to be done or kept about or within its Lot which will interfere with the legal rights of any other Lot owner or their property. Each Lot owner shall comply with any rules and regulations established by the Homeowners Association, the requirements of all health authorities and other governmental authorities having jurisdiction over the Lots. Each owner of a Lot shall store garbage and trash in secure receptacles to reduce problems with wildlife. Hay stored on a Lot shall be secured by a tarp, stored in a structure or fenced. 10. Exterior Lighting. All exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety/security lighting that goes beyond the property boundaries. However, safety/security lighting must not be "pointed" at any adjacent property owners' residences. 11. Noxious Weed Control on Individual Lots. Control of noxious weeds on individual Lots, in accordance with the Colorado State Noxious Weed Act and the Garfield County Weed Management Plan, shall be the responsibility of the respective Lot owner. Each owner of a Lot shall implement a weed management program within the area of his or her Lot. Page 2 of 5 12. Domestic Animals. Domestic cats, household pets defined below and no more than two (2) dogs are permitted so long as they are (i) maintained in accordance with these Covenants and the rules and regulations of the Homeowners Association, (ii) not kept, bred or maintained for any commercial purposes, and (iii) not a nuisance by any of the following: a) hazard to wildlife b) sound (in excess of 15 minutes for barking dogs), c) destruction of property, d) smell e) pet waste. Household pets include rabbits, hamsters, fish, bird, or similar small animals and are allowed if owned in compliance with items (i) and (ii) above and are contained totally within the primary residence house. A reasonable per incident fme may be imposed on the Lot owner in violation of this section by the Homeowners Association. Upon a third warning to a Lot owner, the Homeowners Association may require the animal to be removed from the Lot. 13. Livestock and Other Animals. Two head of livestock are permitted per Lot in accordance with the Decree in Case No. 99CW 198 of the District Court, Water Division No.5, Colorado. Chickens and other permitted animals in accordance with Garfield County zoning are permitted an the Lots if owned in compliance with items (i) and (ii) of paragraph 12 above. 14. Fencing. Livestock fencing on individual Lots shall be restricted to a maximum of forty-two (42) inches in height and shall not impede wildlife migration. If a rail fence or three (3) strand wire fence is constructed, there should be a twelve (12) inch separation between the top two (2) rails/wire. Notwithstanding the foregoing, chain link fence up to six (6) feet high shall be allowed for the sole purposes of kenneling a dog, privacy and storage so long as said fencing does not impede wildlife migration. New barbed wire fencing is prohibited. 15. Fire Protection. Each Lot owner shall remove vegetation around any structures on his or her Lot in order to provide a safe zone in the event of wildfire in accordance with the regulations established by the local fire district. Lot 1 shall solely pay for all costs and maintain the approximate 2,000 gallon storage tank required for fire protection and domestic water on its Lot. Lots 2 and 3 shall proportionately pay all costs and maintain the two (2) approximate 1,000 gallon storage tanks located on Lot 3 for their mutual fire protection. In the event that either tank on Lot 3 becomes inoperable and needs to be replaced or repaired, all costs associated are to be shared equally between Lots 2 and 3. In the event that the owner of Lot 3 solely determines that either or both tanks need to be relocated, all associated costs for said relocation shall be paid solely by the owner of Lot 3. 16. Reserve Fund. The Homeowners Association may charge assessments against the Lots for fees and expenses affecting the Lots, including without limitation, costs associated with the common water system. Said fees may be retained by the Homeowners Association as a reserve fund for future expenses. 17. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within twenty (20) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment is due. If the Rage 3 of 5 non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due, the Homeowners Association may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 18. Accessory Dwelling Unit. Accessory dwelling units ("ADUs") are permitted in Pioneer Point Subdivision in accordance with Garfield County land use regulations. 19. Building Envelopes. There are no building envelopes in Pioneer Point Subdivision. 20. Enforcement. The Homeowners Association or an owner of any Lot shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 21. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 22. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter unless or until amended or terminated by written instrument executed by the owners of all of the Lots. 23. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 24. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. 25. Waiver. The failure of the Homeowners Association or a Lot owner to object to any breach of or failure to comply with the provisions of these Covenants or any rules and regulations of the Homeowners Association shall not be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. Page 4 of 5 SIGNED this day of , 2012. Owners of Lot 1, 2 and 3 Pioneer Point Subdivision Amelia S. Eshelman Roger B. Eshelman STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) The foregoing instrument was acknowledged before me this day of , 2012, by Amelia S. Eshelman and Roger B. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 5 COMMON WELL COVENANTS PIONEER POINT SUBDIVISION GARFIELD COUNTY, COLORADO Roger B. Eshelman and Amelia S. Eshelman, being the owners of Lot 1, Lot 2 and Lot 3 (collectively "the Lots") as described on the Pioneer Point Subdivision Plat (the "flat") recorded , 2012 as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado, do hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations (the "Covenants") which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Water System Description. The common water system which is the subject of these Covenants shall consist of the following (hereinafter collectively referred to as the "common water system"): (a) That certain water well (hereinafter "the well") located on Lot 3, which well was drilled and constructed pursuant to Permit No. 54836-F issued by the Colorado Division of Water Resources; District Court, Water Division No. 5, Colorado 99CW198; the Basalt Water Conservancy District Water Allotment Contract 347 dated September 13, 1999; and the Carbondale Land. Development Corporation Water Lease and Agreement dated March 15, 2001 (costs associated with said contract and lease shall be collectively referred to herein as the "Fees"), together with all of the rights and subject to all of the obligations under such permit and contracts; and (b) The water and water rights appurtenant to the well; and (c) The pump, pressure tank, well head, one (1) inch water supply line extending from the pump to an underground valve tee located in the easement described in paragraph 3 below and as depicted on the Plat (approximately 85 feet in length) and related equipment necessary to produce water from the well for use on the Lots. 2. Water System Ownership. The common water system shall be owned in equal undivided interests by the owners of the Lots. The owner of each Lot shall also own a proportionate interest in and to so much of the water supply line, if any, used in common by such owner and the owner(s) of one or both other Lots. More specifically, Lots 1, 2 and 3 share a common water supply line from the wellhead on Lot 3 to the underground valve tee approximately 85 feet to the northwest on Lot 2. Costs and maintenance fees associated with said 85 feet of common water line shall be split equally amongst the owners of Lot 1, Lot 2 and Lot 3, Any costs and maintenance fees for the water line north of said valve tee shall be the responsibility of the owner(s) of the Lots using such common water supply line for service to Page 1 of 5 their Lot(s). No owner of a Lot shall pay for costs and maintenance fees for any portion of the common water supply line that is not utilized by said owner's Lot. 3. Easements. The owner of each Lot shall have and be subject to an easement for the purpose of maintaining and replacing the common water system, which easement is depicted as the utility easement on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. The owner of each Lot shall also have an easement for access to the underground valve tee and curb stop valve on the water line serving each other Lot, if applicable, which easement shall extend a distance of ten (10) feet in all directions from the center of each such valve. 4. Water System Installation, Maintenance, Repair and Replacement. At this time, the common water system has been installed, but Lot 1 is not presently using the water. At such time that the owner of Lot 1 desires to use water out of the common water system, said Lot 1 owner shall reimburse Roger Eshelman and Amelia S. Eshelman $+6,000 for Lot 1's portion of the initial costs of installing the common water system. hi no event shall a Lot owner receive any water from the common water system until such owner's share of such installation cost is fully paid. Each Lot owner shall bear the expense of extending a water supply line from the curb stop valve designated for such Lot at the terminus of the common supply line(s) to the point or points of use on such owner's Lot. The owner(s) of each Lot connected to the common water system shall equally share the cost of maintenance, repair or replacement of the common water system and the portion of the common water supply line utilized by said Lot. The owner of each Lot shall bear the cost of and be solely responsible for the installation, maintenance, repair and replacement of pipelines and other equipment not used in common by the Lot owners but which is solely used to provide water service to such owner's Lot. The Lot owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of the common water system and common water supply line(s). In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners with a written statement of work performed and the other owners' proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred. 5. Fees and Operational Costs. All Lot owners shall equally pay the Fees and any charges associated with the installation of an electric meter on or near the wellhead whether or not a Lot is actually receiving water from the common water system. The monthly cost of operating the common water system, including charges for electricity use (based upon hour meter results for pump operation) and insurance, if any, shall be paid as follows: until such time that Lot 1 commences receiving water from the common water system, the operating costs shall be apportioned in equal shares between Lot 2 and Lot 3. At such time that Lot 1 begins Page2of5 receiving water from the common water system, said costs shall be equally split between Lot 1, Lot 2 and Lot 3. Volumetric water flow meters shall be installed on each water supply line serving the Lots. No owner of a Lot is deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from the common water system and its structures. These Covenants do not intend to relate to such individually owned or used rights or structures. Nothing in these Covenants shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 6. Insurance. If deemed necessary, the Homeowners Association shall have the authority to obtain insurance for all insurable components of the common water system against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief. The insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The Homeowners Association may also obtain an adequate public liability policy insuring the Association and its individual members for all damage or injury caused by the negligence of the Association, any of its members or other agents of the Association. 7. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within thirty (30) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due, another owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 8. Disconnection from Water Supply. In the event any Lot owner desires to discontinue the use of water from the common water system, such owner may disconnect from said water system, and, upon disconnecting and giving written notice of such disconnection to the owners of the other Lots, shall be relieved of any further obligation to pay the cost of maintenance of the common water system, provided however, that said Lot owner shall remain liable to pay its portion of the Fees, and provided further, that such disconnecting owner shall remain fully liable for such owner's share of any common expenses incurred prior to such disconnection. Such disconnecting owner shall not thereafter be allowed to reconnect to the common water system without having first obtained the written consent of the owners of the other Lots then connected to and entitled to receive water from said water system. In the event of disconnection of any Lot from the common water system as provided in this section, the maintenance and operating expenses thereafter incurred in connection with said water system shall be solely borne by the owners of the remaining Lots connected to said system. 9. Water Distribution. The owner of each Lot shall install such flow restrictors, water storage tanks and other facilities in the water supply line or system serving such Lot as may be necessary to insure reasonably comparable water pressure and supply to each Lot and to otherwise effectuate the purposes and intent of these Covenants. In the event the water produced Page 3 of 5 from the well becomes inadequate to supply all of the demands for water therefrom, the Lot owners utilizing such water shall proportionately reduce their consumption therefrom until each Lot owner is consuming a substantially equal amount of the water which can adequately be produced from the well. The Lot owners may elect to drill a new well or take such other remedial action as is necessary to improve the production of water from the common water system and the cost thereof shall be borne equally by the Lot owners, subject always to the disconnection rights as provided in these Covenants. 10. Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence Lot and shall be subject to such other restrictions as provided in the Basalt and Leavenworth contracts referenced in Section 1 above and applicable rules and regulations of same. Lot 1 shall draw water from the common water system into their storage tank only after 12 a.m. MST and before 6:00 a.m. MST. Any use of water from the common water system except as herein expressly provided is prohibited. 11. Enforcement. The Covenants herein contained may be enforced by the Pioneer Point Homeowners Association, an unincorporated non-profit association as referenced in the covenants for Pioneer Point Subdivision recorded concurrently herewith or by the owner any Lot, by any proceeding at law or in equity. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these Covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 12. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 13. Amendment and Termination, The Covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots which have not then disconnected from the common water system as hereinabove provided. 14. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 15. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. This Covenants shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, these Covenants shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands identified herein. Page 4 of 5 SIGNED this day of , 2012. STATE OF COLORADO COUNTY OF GARFIELD Roger B. Eshelman Amelia S. Eshelman The foregoing instrument was acknowledged before me this day of , 2012, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 5 ROAD USE, UTILITY AND MAINTENANCE AGREEMENT This ROAD USE, UTILITY AND MAINTENANCE AGREEMENT (the "Agreement") is made this day of , 20 , by Roger B. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), owner in fee of that real property described as Lots 2 and 3 of the Pioneer Point Subdivision Plat recorded , 2012 as Reception No. in the records of the Clerk and Recorder of Garfield County (the "Plat"). RECITALS A. Eshelman subdivided the real property more particularly described on the Plat, County of Garfield, State of Colorado (the "Property") into three tracts of land known as Lots 1 through 3, Pioneer Point Subdivision, Garfield County, Colorado (collectively the "Lots" or individually "Lot 1" or "Lot 2" etc.). B. Eshelman owns Lot 1, Lot 2 and Lot 3. C. By this Agreement, Eshelman desires to provide for the access to Lot 2 and Lot 3 via a shared roadway as shown on the Plat and impose on the Lot 2 and Lot 3, as covenants running with the land, the obligation to maintain the shared roadway described herein. AGREEMENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman hereby grants and agrees as follows: 1. Shared Roadway. Eshelman hereby dedicates and ratifies to the Owner(s) of Lot 2 and Lot 3 a perpetual, non-exclusive having been created and established upon, over and across the thirty (30) feet in width Access & Utility Easement from County Road 100 to Lots 2 and 3 as depicted on the Plat (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lots 2 and 3, their successors, assigns, agents, employees, tenants, guests and invitees, for private access roadway and utility purposes. The rights granted herein shall include the right to maintain said Shared Roadway as provided herein, and to transport on and over the Shared Roadway vehicles, materials, equipment, and other property as reasonably related to the exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in this Agreement, shall be paid for equally by the Owners of Lot 2 and Lot 3. All costs of snow removal sufficient to allow access via four wheel drive vehicles over and across the Shared Road by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 2 and Lot 3. Use of the Shared Road shall be restricted to access to and from Lot 2 and Lot 3. The Shared Road may not be used for the parking or storage of vehicles or equipment. No gate or other obstruction shall be constructed on the Shared Road without unanimous approval of the Owners of Lot 2 and Lot 3. 2. Enforcement. The Owners of Lot 2 and Lot 3 agree to cooperate in the future maintenance, operation, repair, replacement and/or improvement of the Shared Road. In the Page 1 of 3 event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the Shared Road, specifically excluding paving. Paving must be unanimously approved by the Owners of Lot 2 and Lot 3. In the event an Owner determines to undertake such minimal work unilaterally, such Owner shall notify the other Owner m writing. The Owner undertaking the minimal work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. 3. Payment of Expenses. All expenses to be paid by a Lot Owner hereunder shall be paid within thirty (30) days after such Owner receives notice of such expense. If an Owner fails to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date due, another Owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 4. Covenants Run With Land. The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the above-described Lots. 5. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect until amended or terminated by written instrument executed by the Owner(s) of the Lot 2 and Lot 3. 6. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the Owner or Owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 7. Multiple Owners/Successors. Any reference in this Agreement to a Lot Owner shall be deemed to include all Owners of such Lot, collectively, and shall also refer to all successors of such Owner or Owners. 8. Indemnities. Each of the parties hereto as Owner of the Lots described herein, and their respective heirs, successors and assigns (the "Indemnifying Owner") agrees to protect, indemnify and hold harmless the other party or Lot Owner, and their respective successors and assigns (the "Indemnified Owner"), from and against any loss, damage, claim or defense, against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or indirectly out of any claim of third parties asserted against the Indemnified Owner: (i) attributable to any conduct of the Indemnifying Owner; (ii) relating to the use of the respective Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for claims due to personal injuries or property damage caused by the Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the Indemnifying Owner. 2 9. Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 10. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the property subject to or benefiting from it to or for the general public or for any public purpose whatsoever, including, but not limited to, dedication as a public street. 11. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. SIGNED this day of , 20 Roger B. Eshelman Amelia S. Eshelman STATE OF COLORADO ) ) s3. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 2012, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 3 of 3