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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 GARFIELD COUNTY Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RE CEIVED JAN 2 0 2011 BUILDING & PLANNING FPGA - -1 I-(Lni ❑1❑❑❑❑❑ SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) SKETCH PLAN (optional) CONSERVATION SUBDIVISION PRELIMINARY PLAN PRELIMINARY PLAN AMENDMENT FINAL PLAT FINAL PLAT AMENDMENT / CORRECTION PLAT COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) The Dixon Water Foundation The Discovery Foundation ➢ Name of Property Owner: Jan Clayton Trust DTD 12/17/04 )= Mailing Address: P.O. Box 177 Telephone: ( 432 ) 729-4600 • City: Marfa State: TX Zip Code: 7984 Cell: O • E-mail address: rpotts@dixonwater_org FAX: ( ) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): Michael J. Sawyer, Esq., Cassia R. Furman, Esq., Karp Neu Hanlon, P_C_ Mailing Address: 201 14th street, Suite 200 Telephone: (970 ) 945-2261 • City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( ) • E-mail address: mjs(amountainlawfirm_com FAX: ( 970 ) 945-7336 • Location of Property: Section 23 Township 6 South Range 92 West • Assessor's Parcel Number: 2L1 q - 2_51_ - QQ -0 0 2 Practical Location / Address of Property: CO 3 Lf s. Current Size of Property to be Subdivided (in acres): 160 acres • Number of Tracts / Lots Created within the Proposed Subdivision: 160 acres to be included within Lots 17, 18 and 19 Mineota Estates Last Revised 12/24/08 GENERAL INFORMATION continued .. Proposed Water Source: Mineota Estates water system Proposed Method of Sewage Disposal: Proposed Public Access VIA: Easements: Utility: Ditch: i= Total Development Area (fill in the appropriate boxes below): ('1) Residential Units / Lots Size (Acres) Parkinq Provided Single -Family Mineota Estates - Lot 17 (61.996 acres, Duplex Lot 18 (62.866 Lot 19 (82, /09 acres) and acres) Multi -Family Mobile Home Total (2) Commercial Floor Area (sq. ft.) Size (Acre Parkinq Provided (3) -Industrial (4) Public / Quasi -Public (5) Open Space / Common Area Total The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 2 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. I. THE SKETCH PLAN The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) III. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following application materials as more fully described in Article V, Section 5-501(H): 5 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 6 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Tots or Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 7 Jan 18 11 04:16p DIXON WATER FOUNDATION 4327294603 p.2 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I hay- ead the s -ments above and have provided the required attached information whi'ii� correctaccurate to the best of my knowledge. Jam— l x, a - a/1 (Signature o Property Owner) Date Robert Potts, President, The Dixon Water Foundation (Signature of Property Owner) Date David Winter, President, The Discovery Foundation (Signature of Property Owner) as Jan Clayton Trust DTD 12/17/04 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or Tess and development of the Tots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) Date Robert Potts, President, The Dixon Water Foundation (Signature of Property Own - 1)/4141)11 ate David Winter, President, The Discovery Foundation (Signature of Property Owner) as Jan Clayton Trust DTD 12/17/04 8 3. Final Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or Tess and development of the lots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) Date Robert Potts, President, The Dixon Water Foundation (Signature of Property Owner) Date David Winter, President, The Discovery Foundation Signature of Property Own ) Jqr,ClaJliern as Jan Clayton Trust DTD 12/17/04 8 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate • Planning Director • Senior Planner ■ Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 NO FEE $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1s page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 Jan 18 11 04:17p DIXON WATER FOUNDATION 4327294603 p.3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and The Dixon Water Foundation Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Final Plat Arnendmant/Correction Plat (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that ail billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. ERTY 0 R (OR AUTHORIZED REPRESENTATIVE) y �af� Signature Date Robert. Potts, President, The Dixon Water Foundation Print Name Mailing Address: P.O. Box 177 Mnrfa, TX 7c:3R/14 Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and The Discovery Foundation Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Final Plat Amendment/Correction Plat (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff tirne or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Davi l3 Wi nt•Pr, Arai tint- Thp. Print Name Date ni scoveary Foundation Mailing Address: 6060 North Central Expressway. Suite 305 Dallas, TX 75206 Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and The Jan Cla6_on Trust UID 12/17104 Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Final PlatAmendment/Correction Plat (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE;i 1;14 -1 --- Signature Jan Clayton, The Jan Clayton Trust DTD 12/17/04 Print Name Mailing Address: 25960 Ouail Lane Los Altos Hills, CA 94022 W113 Date Page 4 MINEOTA ESTATES HOMEOWNERS ASSOCIATION 048 MINEOTA DRIVE • SILT, COLORADO 81652 December 23, 2010 Fred A. Jarman, AICP Director, Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: MINEOTA ESTATES HOA CONSENT TO ADDITION OF DIXON 160 PAR tt\ Dear Mr. Jarman: As President ofthe Mineota Estates Homeowners Association ("Mineota HOA"), a Colorado nonprofit corporation whose address is 048 Mineota Drive, Silt, Colorado 81652, I am providing you with notice of the Mineota HOA's consent to the inclusion of a 160 acre parcel located due south of the Mineota Estates Subdivision (the "Dixon 160 Parcel") within the boundaries of the Mineota Estates Subdivision according to the following terms and conditions: 1. The Dixon 160 Parcel will be included within the boundaries of Mineota Estates, Filing 1, Lots 17, 18, and 19 as shown on the Amended Plat submitted to the County for approval and signature by the Board of County Commissioners. 2. The Mineota HOA will amend the Mineota Estates Declaration of Covenants to include the legal description for the Dixon 160 Parcel within the Mineota HOA. 3. The expanded Lots 17, 18, and 19 will receive residential water service through the Mineota Estates water system. Since no new lots or building envelopes will be created by the Amended Plat incorporating the Dixon 160 Parcel, no additional residential water service will be necessary. 4. The expanded Lots 17, 18, and 19 will be served with residential access via Mineota Estates roadways, including, but not limited to, Seneca Road. MINEOTA ESTATES HOMEOWNERS ASSOCIATION Bruce A. Collins, President Ph. 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CENTRAL EXPRESSWAY, 8TE 3 DALLAS, TX 75206 MINEOTA ESTATES, RUNG NO. 1 AMENDED PLAT REVISION 11/18/10 DESCRIPTION ATTORNEY COMMENTS PROTECTIVE COVENANTS MINEOTA'RIDGE ESTATES September 1972. PURPOSE OF COVENANTS 1. "General Requirements. It is.the;intention of the Valley Improvement & Development Co p.,'a Nevada corporation, expressed by its execution of this instrument, that the lands within "Mineota Ridge Estates be developed -and maintained as a ;highly desirable scenic and secluded residential area. It is the purpose of these covenants that the present natural beauty, and view, the natural growth and native setting and surroundings of. Mineota Ridge Estates shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. ARTICLE II - DEFINITIONS 1. Mineota Ridge Estates. The words "Mineota Ridge Estates" as used in these covenants shall mean all of the lands included within the initial Mineota Ridge Estates'subdivision and also any adjacent subdivisions which bear in their title the words "Mineota Ridge Estates." 2. Residential Lots. All of the subdivision Lots designated on the recorded plats of Mineota Ridge Estates sub- divisions by a number shall be residential lots. 3. Common Area. A11 of the subdivision areas desig- nated on the recorded plats of Mineota Ridge Estates subdivisions by the word "Commons" shall be commons areas. 4. Green Belt. All of the subdivision areas designated on the recorded plats of Mineota Ridge Estates subdivisions by the words "Green Belt" shall be green belts. ARTICLE III - MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION 1. Membership in Mineota Ridge Estates Home Owners Association. All persons or associations (other than Mineota Ridge Estates Home Owners Association) who own or acquire the title in fee to any of the lands in the Mineota Ridge Estates (other than lands dedicated as public roads), by whatever means acquired, shall automatically become Members of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, a Colorado corporation not for profit, in accordance with the Articles of Incorporation of said MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION as presently in effect and recorded or filed in the records of Garfield County, Colorado, and as the same may be duly amended from time to time and also filed or recorded in the Garfield County records. ARTICLE IV - ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Com- mittee shall mean the Board of Directors of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, a Colorado corporation not for profit, as said Board of Directors is presently constituted from time to tiMe:4m:thefuture..7.SaidAXchiteCtlital Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument.' 2. Approval by Architectural Committee. No improve- ments of any kind, including but not limited to dwelling houses, barns, outbuildings, swimming pools, tennis courts,ponds, parking areas, fences, walls, garages, drives, antennae, flag poles, curbs and walks, shall ever be erected, altered or permitted to remain on any lands within Mineata Ridge Estates, nor shall any exca- vating, clearing -or landscaping be done in conjunction. therewith on any lands within Mineota Ridges Estates, unless the complete architectural plans and specifications and a site pian showing the location and orientation thereof for such erection or alter- ation andlandscaping are approved by the Architectural Committee prior to the commencement of such work The Architectural Com- mittee shall consider the materials to be used on the external features of said buildings or structures, including exterior colors, harmony of external design -with existing structures within said subdivision, location with respect to topography and finished gradeelevations and harmony of,landscaping with the,.natural setting and native trees, bushesand other vegetation within said subdivision. The complete architectural plans and specifications must he submitted in at least two complete sets, and must include. -at least four different,eievation views. One. complete copy of plans and specifications shall be signed for identification by the owner and left with the Architectural Committee. In the event the. Architectural Committee fails to take any action within 45'days after complete architectural plans for such work.have been submitted to it, then all of such submitted, architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter at the next annual or special meeting of the members of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, where an affirmative vote of at least a majority of the Members' votes entitled to be cast at said Members' Meeting shall be required to change the decision of the Architectural Committee. 3. Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by an affirma- tive vote of a majority of the members of the Architectural Com- mittee, allow reasonable variances as to any of the covenants and restrictions contemned in this instrument, on such terms and conditions as it shall require; provided that no such variance 'shall be finally allowed until 30 days after the Architectural Committee shall, have mailed a notice of suchvariance to each Member of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION. In the event any three Members shall notify the Architectural Committee in writing of their objection to such variance within said 30 - day period, the variance shall not be allowed until such time as it shall have been approved by an affirmed vote of at least a majority of the votes entitled to be cast at an annual or special meeting of the Members of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION. -2- 4. general Rein ireients.`'R'he Architectural; Committee shall exercise ;its best judgment to see that all unprovements, construction, landscaping, and: alterations on thea landswithin' the'Mineota Ridge Estates conform and harmonize with the natural surroundings and with existing structures as to'external design, materials,'color', siting, height,` topography, grade,'and finished 'ground elevation.' The Architectural Committee shall protect the seclusion and naturalview of" each residential lot insofar as possible in the_ development' of Mineota Ridge Estates"pursuant to these covenants. 5. Preliminary Approvals. Persons or associations who anticipate constructing improvements on.lands within Mineota Ridge Estates, whether they already own lands in Mineota Ridges Estates or are contemplating the purchase "of such lands, may submit pre- liminary sketches of such improvements to the Architectural Com- mittee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least two sets, should contain a proposed site plan and should contain sufficient general information on'all the aspects that will be required to be in the complete architectural plans and specifications to allow the Architectural Committee to act intelligently on giving an in- formed and preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by an prelim- inary or informal approval or disapproval until such time as com- plete architectural plans are submitted and approved or disapproved. 9 6. Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or associatio submitting any architectural plans for approval, or to any owner or owners of lands within Mineota Ridge Estates, by reason of any actio failure to act, approval, disapproval, or failure to approve or dis- approve, with regard to such architectural plans. Any person or association acquiring the title to any property in Mineota Ridge Estates, or any person or association submitting plans to the Archi- tectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 8. Written Records. The Architectural Committee shall keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (including one set of all preliminary sketches and all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this in- strument. 'ARTICLE V - GENERAL RESTRICTIONS ON ALL LOTS 1. Zoning Regulations. No lands within Mineota Ridge Estates shall ever be occupied or used by or for any structure -3- or purpose or in any mannerwhich is contrary to the zoning regulations of Garfield County, Colorado, validly in force from time to time, 2. No Mining, Drilling, or Quarrying. No mining, quarrying,tunnelling, excavating, or drilling for any, sub- stances. within the earth, including oil, gas, minerals,' gravel, sand, rock, and earth, shall ever be permitted within the limits of Mineota Ridges Estates. 3. No Business Uses. No lands within Mineota Ridge Estates shall ever be occupied or used for:any commercial or .business purpose -nor for any noxious:activity and nothing shall be done or permittedto be done on any of said lands which is a, nuisance or might become`a nuisanceto the'owner or owners of anyof said lands. 4. Signs. With the exception of one "For Rent" or "For Sale" sign (which shall not be larger:than 20 x 26 inches) • and except for'one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected; altered,', or permitted to remain on any tract in Mineota Ridge Estates.. 5. Animals., Owners and lessees of land within Mineota Ridge Estates may have ordinary household pets belonging to the household in the Mineota Ridge Estates so long as such pets are disciplined and do not constitute an undue annoyance to other owners`.and'lessees of land in Mineota Ridge Estates. The Architectural Committee shall have the power to require any owner or lessee of lands in Mineota Ridge Estates to remove any household pet belonging to it which is not disciplined or which constitutes an undue annoyance to other owners or lessees of land in Mineota Ridge Estates. _ 6. No Resubdivision. Except as may be specifically noted on a recorded plat of Mineota Ridge Estates subdivision addition, additional filing or expansion, no lot described on the recorded plats of Mineota Ridge Estates subdivision shall ever be resubdivided into smaller lots nor conveyed or encumbered in any less than the full original dimensions as shown on said recorded plats; provided that conveyances or dedications of easements for ' utilities or private roads may be made for less than all of one lot. 7. Combining Lots. If two or more contiguous residen- tial lots are owned by the same owner or owners, they may be combined into one or more larger residential lots by means of a written document executed and acknowledged by all of the owners thereof, approved by the Architectural Committee, and recorded in the real property records of Garfield County, Colorado. Thereafter, the new and larger lot or lots shall each be con- sidered as one residential lot for all of the purposes of these covenants. 8. Service Yards and Trash. All clothes lines, equip- ment, service yards or storage piles on any lot in Mineota Ridge -4- Estates shall be kept screened so as to conceal them from the streets and access roads. All from all,lots in` Mineota`Ridge to accumulate and shall not be by adequate planting, or fencing view of neighboring lots and rubbish and trash shall be removed Estates and shall not be allowed burned` thereon. 9.' "Underground Utility Lines. All water,,, gas, elec- trical, telephone lectrical,'telephone and other electronic. pipes and lines and all other utility lines within the.limits of Mineota Ridge Estates must be buried underground and may not be. carried on overhead poles nor above the surface of the'ground, except such electrical, telephone, and other electronic lines as may then be installed over- head or above the surface upon platting of an area within Mineota Ridge Estates and such other electrical, telephone and other elec- tronic lines to be built which, in the sole and. exclusive judgment of Valley Improvement & Development Corp., its successors and assigns, do not constitute a violation of the intent of these protective covenants. ARTICLE VI - RESTRICTIONS ON RESIDENTIAL LOTS 1. Number and Location of Buildings. No buildings of structures shall be placed, erected, altered, or permitted to remain on any residential lot other than one single family dwelling house with a minimum of 1,500 square feet on the first, or ground floor, as measured on the outside of the building ex- cluding open porches or garages, and one guest or servant house with a minimum of 400 square feet and a maximum of 800 square feet on the first; or ground floor thereof, excluding open por- ches or garages. The building sites for all such buildings and structures shall be approved by the Architectural Committee. In approving or disapproving the building sites, the Architectural Committee shall take into consideration the number of buildings or structures, the locations with respect to topography and finished grade elevations and the affect thereof on the native setting and surroundings of Mineota Ridge Estates. If the Architectural Committee shall be of the opinion that the placing of a single family dwelling to- gether with all of the accessory buildings or structures above authorized on a residential lot would not be in keeping with the overall purpose of these covenants, the Architectural Committee, in addition to its other powers and duties hereunder, shall have the authority to limit the number of permitted accessory buildings or structures on any residential lot. 2. Dwelling House to be Constructed First. No guest house, servant house, garage, or other outbuilding shall be constructed on any residential lot until after commencement of construction of the dwelling house on the same residential lot except as otherwise specifically permitted by the Architectural Committee. All construction and alteration work shall be prose- cuted diligently, and each building, structure, or improvements which is commenced on any residential lot shall be entirely com- pleted within 12 months after commencement of construction. 3. Setbacks. All buildings and structures on all residential lots in Mineota Ridge Estates shall be setback at least 50 feet from all lot lines. -5- /( Ueight Limitations. No building arid structure shall be, placed, erected,.;;altered or perinitted to remain on any:, residential lots which" exceeds,a;height of 21 feet in elevation above the finished'; grade;elevaton. 5. Metal Roofs, Siding, Towers and Antennae. No metal roofs, metal siding, no: towers,,, and no exposed or- outside ".radio, television or other electronic antennae shall be allowed or per- mitted to remain on any residential lot in Mineota Ridge Estates. 6. Trees and Landscaping. Except for such cutting or altering of,trees and bushes and other natural vegetation growing on a residential lot as is necessary to be done in, connection with construction of improvements or landscaping previous approved in writing by the Architectural Committee, there shall be no further cutting or altering of trees or bushes or other natural vegetation growing on any residential lot, and no further landscaping thereof, if such cutting or altering or landscaping would change or alter the natural growth and native setting of Mineota Ridge Estates, except as may be authorized in writing by the Architectural Com- mittee. 7. Tanks. No elevated tanks of any kind shall be erected, placed, or permitted upon any residential lot. Any tank used in connection with any dwelling house or other structure on any residential lot, including tanks for storage of gas, fuel oil, gasc;line, oil, or water, shall be buried. 8. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonperma- nent outbuilding shall ever be placed, erected, or allowed to re- main on any residential lot except during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 9. Exterior Lighting and Sound. All exterior lights and light standards, and all exterior sound generating or emitting systems on residential lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting and sound nuisances to other lands within Mineota Ridge Estates. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or permitted or tolerated on any lands within Mineota Ridge Estates. 10. Off -Street Parking. No dwelling house shall be constructed on any residential lot unless there is concurrently constructed on the same lot adequate off-street parking area for at least four automobiles. 11. Garbage Disposal and Sanitary Systems. Each dwelling house or other structure containing a kitchen constructed on any residential lot in Mineota Ridge Estates shall be equipped with a garbage grinder or garbage disposal unit of a type approved by the Architectural Committee. No sewerage disposal system, or sanitary system, shall be constructed, altered or allowed to remain or be used on any lot unless fully approved as to design, capacity, location, and construction by all proper public health agencies of the State of Colorado and the County of Garfield and also by the Architectural Committee. -6- 12. Fences. Itis the general intention that all perimeter fencingwitriin Mineota Ridge Estates;have'a continuity of appearance in keeping with the native setting and surroundings. of Mineota Ridge Estates. The term "perimeter fencing" is`defined to mean fences along or near residential lot lines or fencing not connected with a building or structure. All perimeter fencing shall be of a non view obstructing ranch type rail nature not exceeding 6 feet,in height, and shall be approved by the Archi- tectural Committee. Interior fences, screens or walls which are associated or connected with a building or structure may beof such'design, material. and' height as may be approved by the Archi7. tectural Committee. 13. Automobile Repair and Unlicensed Automobiles. No automobile. repairs shall be permitted at any time, nor shall any unlicensed automobiles or'other vehicles be permitted to remain on any lot of Mineota Ridge Estates. 14. Campers, Trailers and Other Recreational Vehicles and Accessories. No campers, trailers, boats, recreational vehicles of whatever type or kind, or trailers for such recre- ational vehicles, shall be parked or maintained, at any time, outside of the garage or other outbuildings on any lot of Mineota, Ridge Estates. 15. Operation of Motorized Vehicles. No dune -buggies, motorized vehicles of every type and description, or snow mobiles shall be operated on any lot in Mineota Ridge Estates. ARTICLE VII - RESTRICTIONS ON COMMONS AREAS 1. Improvements. No improvements of any kind or nature shall be constructed, altered, or allowed to remain on the commons areas except noncommercial stables, or barns, riding ring, jumping course, clubhouse, swimming pools, tennis courts, lakes and ponds, recreational facilities, bridle paths, fences or similar improve- ments for the benefit of or use of all of the Members of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, and private roads giving access to other lots in The Mineota Ridge Estates. All such im- provements shall be approved by the Architectural Committee as elsewhere herein provided, and shall conform and harmonize in appearance, siting, and cost with existing structures on and the overall development plans for Mineota Ridge Estates. 2. Operation of Motorized Vehicles. No dune -buggies, T::/) motorized vehicles of every type and description, four wheeled or two wheeled, or snow mobiles shall be operated at any time on the commonsarea of the Mineota Ridge Estates. ARTICLE VIII - RESTRICTIONS ON GREEN BELTS 1. Improvements. No improvements of any kind or nature shall be constructed or allowed upon the green belts. The green belts shall remain in a natural and native setting without altera- tion of trees and bushes and other natural vegetation grown thereon except as shall be approved by the Architectural Committee as else- where herein provided, and, in all events, shall conform and harmonize in appearance with the overall development for Mineota Ridge Estates. -7- Book 435 Page_518 2. Operation of MotorizedVehicles. No dune -buggies, motorized vehicles of every type and description, four -wheeled or two wheeled,•or snow mobiles shall be operated at any time on the green belt areas of the Mineota Ridge Estates. ARTICLE IX - EASEMENTS RESERVED 1, Utility Easements Reserved. There are hereby created and reserved_perpetual.easements ten feet in width on each side of the boundary line along the entire.perimeter of each residential lot and along the entire perimeter' of the commons areas, as described•on the recorded plats of Mineota Ridge Estates subdivisions,, including any portion:of said perimeters which abut on a dedicated county road or a private road, and'through all of the conunons areas and all; of the private roads' described` on the recorded plats of Mineota Ridge Estates subdivisions,for'_ the purpose of constructing, maintaining, operation, replacing, en larging,'and repairing electricv telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, ditches, and conduits, and walking and riding trails. I to the foregoing creacreated andnreservednrerpetualoeasementsatentfeetuiniwe is furthere •ed and width on each Public Service Com- pany of Colorado for electric transmission purposes, es shown on the plats of Mineota Ridge Estates subdivisions, for the purposes aforesaid. 2. Irrigation Easements and Rights Reserved. There are hereby created and reserved perpetual easements across all of the lands in Mineota Ridge_Estates subdivisions' along the line of all irrigation ditches presently in existence, or hereafter constructed with theconsent of the owners of the lands across which constructed, for the purpose of constructing, maintaining, and operating irri- gation ditches for the proper irrigation of_the common areas and other lands in Mineota Ridge Estates located on any lots therein, together with the right to irrigate all such common areas and other lands at all reasonable times, and to go on all lots in Mineota Ridge Estates subdivisions for the purpose of irrigating such common areas and other lands so as to preserve and maintain their natural beauty. 3. Fence Licenses Within Utility Easements. No fence or other improvement shall ever be placed in any of the utility easements within residential lots created and reserved under ¶1 of this Article IX' unless prior written authorization therefore shall be obtained :from the Architectural -Committee. Any such authorization shall be deemed to be a revocable license, and the owner or owners of the residential lot upon which said fence is constructed shall promptly remove the same at their expense upon request of the Architectural Committee. Damage to any such fence occasioned by construction, maintenance and repair of any utilities service or system shall be repaired by the owner or owners of the residential lot at their sole expense. 4. Elimination of Utility' Easements. Upon approval of the Architectural Committee of a request that certain utility ease- ments be eliminated along originally platted lot lines which are no longer to be lot lines upon the combining of lots pursuant to ¶7 of Article V, the then owner of such utility easements shall re- lease and quit claim such utility easements upon such terms and conditions as the Architectural Committee may establish. -8- 5. Ownership of Easements.. All easements and rights created and reserved in $1 and t2 of this Article shall be and remain vested in the, undersigned corporation, its successors and assigns, until such time as the undersigned corporation, its successors or assigns, shall have executed and delivered an instrument in writing transferring the same or a part thereof to MINEOTA RIDGE ESTATES HOMEOWNERS ASSOCIATION. Prior to such transfer „ the undersigned, corporation., its successor or assigns, mayauthorize the. use of said easements, either temporarily or permanently,„for the..purposes,'set`forth i.p 11 and 112 of this Article for -the benefit of lands not included in Mineota Ridge Estates. .Upon any such, transfer to MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, the undersigned corporation, its successors and assigns, shall be relieved from all continuing responsibilities therefore. ARTICLE X = ROADS 1. Ownership of Roads. The title in fee to all lands platted as private roads as shown on the recorded plats of Mineota Ridge Estates shall be and remain vested in the undersigned corpo- ration until such time as the undersigned corporation shall have executed and delivered an instrument in writing transferring the same or a part thereof.to MINEOTA RIDGE ESTATES HOME OWNERS ASSOCI- ATION; provided, however, that prior to any such transfer, the undersigned corporation. reserves the right and authority to dedi- cate to public use any such platted private roads. 2. Easement for Use of Roads. The undersigned corpo- ration hereby conveys to MINEOTA RIDGE ESTATES HOMEOWNERS ASSOCI- ATION for the private use of all owners in Mineota Ridge Estates a nonexclusive easement over and across all the private roads platted and dedicated as private roads on the recorded plat of Mineota Ridge Estates; provided, however, that the undersigned corporation reserves the right and authority to authorize additional users of all of said private roads as well as the right to dedicate said roads in whole or in part, to public use. 3. Maintenance of Roads. All private roads in Mineota Ridge Estates as shown on the recorded plat of Mineota Ridge Estates shall be maintained by MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION. ARTICLE XI - ENFORCEMENT 1. Enforcement Actions. The Architectural Committee shall have the right to prosectue any action to enforce the pro- visions of all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of lands within Mineota Ridge Estates. In addition, each owner of land within Mineota Ridge Estates, including MINEOTA RIDGE ESTATES HOME OWNERS ASSOCI- ATION, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these cove- nants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Mineota Ridge Estates in violation of these covenants and no action is commenced within 90 days thereafter to restrain such vio- lation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 90 -day limitation shall not apply to injunctive or equitable relief against other violations of these covenants, nor shall it apply to the provisions of 13 of Article IX. ARTICLE XIT GENERAL PROVISIONS Covenants to Run. Ail ofthe covenants contained in this instrument shall be a -burden on:the title to all:of the. lands' in Mineota Ridge Estates,' -and the benefits thereof -shall inure to the owners of -all of the lands inMinegta Ridge Estates,, and -the benefits and burdens of all said covenants shall rur;%gith,:,the title to all ofthe lands in Mineota Ridge Estates. 2. Termination of Covenants. The covenants contained in this instrument shall terminate September; l•, 2012,, or at the time of final dissolution of the Colorado corporation not for profit known as MINEOTA RIDGE ESTATES HOME OWNERS ASSOCIATION, whichever date shall first occur. Effective. September, 1, 1992,. September 1, 2002, and September 1, 2012, these covenants may be amended by a vote of three-fourths of the votes entitled to be cast by the Members of MINEOTA RIDGE ESTATES HOME OWNERS ASSOCI- ATION, said vote to be cast at a meeting of the Members duly held not more than six months before and not more than six months after said date, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, not more than six months after said date. If these covenants are amended on September 1, 1012, then they shall continue in effect, as amended, for so long thereafter as may be stated in said amend- ment. 3. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 4. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. ATTEST: g- Se etary VALLEY IMPROVEMENT & DEVELOPMENT CORP. By Roger M. Dixon, President STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing Protective Covenants for Mineota Ridge Estates were y p acknowledged before me this d of September, g 197y�Roger L. Dixon as President, and 7t4 j ersonas SpFN:V VALLEY IMPROVEMENT & DEVELOPMENT CORP., a Nevada 400Tee authorized to do business in the State of Colorado, = s, the#and developer of said Mineota Ridge Estates. `commission expires: G -i7 76. Notary Public -10- RecoXted m. APR 13 I976 Reception N11a Stephens. Recordei AMENDMENTS TO PROTECTIVE COVIIJANTS INETA 'RIDGE ESTATES rAGEt). I In accordance with a resolution passed by the board of DirectoPs of Valley improvement dcDevelopment Corp. at their annual meeting held on January 30, 197S, the following amendments were adopted: 1. The name of the sub -division is chaned from "Mineota Ridge Estates" to "ineota Etates". (Inerefore, where - ever the name "mineota :Ridge Estates" appears in the foregoing Covenants, the name "limeota Estates" shall be understood.) 2.. Paragraph. 2, Article V No Minin. 'Drilling, or ,aarrying is amended by adding "This does not however preclude the 4 drilling for oil, gas or other distilate by the mineral owners c,f record prior to April 1.972." 3. Paragraph 5, Article V Animals is amended ty Ae, , Ihiswill riot opreclur de the ownership of a maximum of three ..horses per residence or lot provided said horses are kept within a • .:•-corral, paddock or some such suitable enclosure wih sh&l, not :exceed one acre in area. The boundaries of said enclusu:e shall • not be located within fifty feet of any lot bounary road. or easement. Ibe toarding of animal that do not belong to the home- . owner is not permitted." ST: -..TE OF TEI:d..-.L CUNT as 1 r. : Ve.LLEI ImPat..:VEmIA2].-..EVLTdPL11.2.::T • • "L`.,:; . • Roger , L. on , -17 ARTHUR H. PAktiAM, Noiari i ++011C 07/18/2006 13:66 2146964227 I Ht U1XUN b UUNLA I IUN F'AV± 14 •'ctocitf�... J11L 1 11 B3 Rergprded of F R/piprtiar t. 8 MILDRED A SDOR . RECORDER AMENDMENTS TO_PROTECTlVE COVENANTS MINEOTA ESTATES uil,K 630 retjs4 In accordance with a resolution adopted by the Shareholders of Valley Improve- ment & Development Corp. at their annual meeting held on February 4, 1.983, the following amendments to the Protective Covenants, issued September:6, 1972 and amended January 30, 1978 were approved; ded amended tolpermitathepiownershipcof a maximum of5fivaenhorses30/78y is further a. Paragraph 1, Article VI Number and Location of Duildin95 is amended in part to read """ a minimum of 1,500 square feet of finished living space, excluding a basement, on the first or ground floor ;""" 3. Paragraph 4, Article V1 Height Limitations is amended by adding ''Unly one antenna shall be allowed per dwelling, sucI antenna not to exceed eight (a) feet above roof line." 4. Paragraph 5, Article VI Metal Roofs, Sidiny , Towers and Antennas is amended by deleting "and no exposed or outside radio, televfsfon or er electronic antennas" 5, Paragraph 14, Article VI Campers, Trailers and other Recreational Vehicles and Accessories is amended by ac tng "4lowever, until -the Tneota Estates Home Owners Associat on provides alternate storage facilities, the above listed vehicles may be parked or stored outside on the homeowner's lot provided they are parked in an orderly and unobtrusive manner. A• TEST : i 11 r.. erguson, rotary STATE OF TEXAS ) COUNTY OF DALLAS) VALLEY tM POVCMENT h DEVELOPMENT CORP. BY 7cc. 314- . moiler NF1. Dixon, ra.st ent The foregoing Amendments to the Protective were acknowledged before me this 5th day of Dixon as President, and J. C. Ferguson as Secre DEVELOPMENT CORP., a Nevada Corporation authori of Colorado. as the owner and developer of said • Covenants for Mineota Estates July , 1983, by Roger M. Lary of VALLEY IMPROVEMENT & ted to do business in the State Mineota Estates. rTntary Tub c nand omeniux Ma P RHAM yr�ore iS Public My Cirmmi c 51 On P vn i rp; r In and for th. State Talc's Comrnhsion Exp' em 31, i 67/16/2886 11:32 19709287354 TEXHOMA LAND CONSULT - 11111111111111 11111li11111111111 ll I1 SNI 1 of i8 R 51.130 D E.B GARF1ELD COURrf COVENANTS FOR MINEOTA ESTATES HOMEOWNERS ASSOCIATION Amended November 1, 2002 PAGE 02 i73 07/16/2006 11:32 1:D1119287354 TEXHOMA LNJD CONSULT 1111111111311111111111 I1IF IIIIIII IU1111111111111111 021 3 04/08/2003 04:33? 914513 tt74 T AtSDORF 2 of 10 R !1.00 11 0,00 GPRFIELD COUNTY CO ARTICLE 1- PURPOSE OF COVENANTS PAGE 03 1.General Requirements It is the intention of the Valley Improvement & Development Corp., a Nevada corporation, expressed by its execution of this instrument, that the lands within Miocota Estates be developed and maintained as a highly desirable scenic and secluded residential area. It is the purpose of these covenants that the present natural beauty and view, the natural growth and setting and surroundings of Minora Estates shall always be protected insofar as possible in connection with the uses and structures permitted by this instrument ARTICLE II — DEPINI'1'IONS 1. Mineota Estates - the words "Mineota Estates" as used in these covenants shall mean all of the lands included within the initial Mineota Ridge Estates subdivision and also any adjacent subdivision which bear in their title the words `Mineota Ridge Estates" or "Mineota Estates." 2. Residential Lots. All of the subdivision Lots designated on the recorded plats of Mineota Ridge Estates subdivisions by a number shall be residential lots. 3, Common Area. All of the subdivision areas designated on the recorded plats of Mineota Ridge Estates subdivisions by the word "Commons" shall be commons areas. 4. Green.B at. All of the subdivision areas designated on the recorded plats of Minora Ridge Estates subdivisions by the word "Green Belt" shall be green belt. ARTICLE 111 MINEOTA ESTATES HOME OWNERS ASSOCIATION 1. Membership in Mineola Estates Home Owners Association. All persons or associations (other than Mineota Estates Home Owners Association) who own or acquire the tide in fee to any of the Iands in the Mineota Estates (other than Iand dedicated as public roads), by whatever means acquired, shall automatically become members of MINEOTA ESTATES HOME OWNERS ASSOCIATION, a Colorado corporation not for profit, in accordance with the Articles of Incorporation of said MINEOTA ESTATES HOME OWNERS ASSOCIATION as presently in effect and recorded or filed in the records of Garfield County, Colorado, and as the same may be duly amended from time to time and also filed or recorded in the Garfield County records. ARTICLE IV - ARCHITECTURAL CQN MITUEE 1. Architectural Committee The Architectural Committee shall mean the Board of Directors of MINEOTA HOME OWNERS ASSOCIATION, a Colorado corporation not for profit. as said Board of Directors is presently constituted from time to time in the fixture. Said Architectural Committee shall have and exercise all of the powers, duties, and responsibilities sct out in this instrument 2, General Reouirements. The Architectural Committee shall exercise best judgement to see that all improvements, construction landscaping, and alterations to the land within Mineota Estates conform and harmonize with the natural surroundings and with existing structures such as external design, materials, colo[,, setting, height, topography. grade, and finished ground elevation. The Architectural Committee shall protect the seclusion and natural view of each residential lot insofar as possible with the development of Mineota Estates pursuant to these covenants. 07/16/2086 11:32 19709287354 TEXHOMA LAND CONSULT 11111 nil 11111 11 11E 11111 Nf 1 IH 11111111111 E PAGE 04 P24883 04/08/2003 04;33P B1456 P178 M RLSDORF 3 of 10 A 51.00 D 0.08 DARFIC D COUNTY CD 3. Approval by Architectural Commit..... a.) No improvements of any land, including but not limited to dwelling houses, barns, outbuildings, swimming pools, tennis courts, ponds, parking areas, fences, walls garages. drives, antennae, flagpoles, curbs and walks, shall ever be erected, altered or permitted to remain on any lands within Mineota Estates without approval of the Architectural Committee. b.) Any excavation, clearing or landscaping done in conjunction therewith on any lands within Mineota Estates shall require prior approval by the Architectural Committee, which may, at it's discretion, require a site plan showing the location and orientation thereof for such erection or alteration and landscaping. c,) The Architectural Committee shall consider the materials to be used on the external features of said buildings or structures, including exterior colors, harmony of external design with existing structures within said subdivision, location with respect to topography and finished grade elevations and harmony with of landscaping with the natural setting and native trees, bushes and other vegetation within said subdivision. d.) The complete architectural plans and specifications must be submitted in at least two complete sets, and must comply with Garfield County building permit requirements. Any amendments submitted to the County must also be submitted to the Architectural Committee. One complete copy of plans and specifications shall be signed by the owner (for identification) and filed with the Architectural Committee. e.) In the event the Architectural Committee fails to take any action within 45 days atter complete architectural plans for such work have been submitted to it, then all of such submitted architectural pians shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter at the next annual or special meeting of the members of Mineota Estates Homeowner's Association, where an affirmative vote of at least a majority of the Members' votes entitled to be cast at said Members' Meeting shall be required to change the decision of the Architectural Committee. All such improvements shall be approved by the Architectural Committee as elsewhere herein provided, and shall conform and harmonize in appearance, setting and cost with existing structures on and in the overall development plans for Mineota Estates, 4. Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions contained in this instrument, an such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural Committee shall have mailed a notice of such variance to each member of Mineota Estates Homeowner's Association. In the event any three members shall notify the Architectural Committee in writing of their objection to sucb variance within said 30 day period, the variance shall not be allowed until such time as it shall have been approved by an affirmed vote of et least a majority of the votes entitled to be cast at an annual or special meeting of the members of Mineota Estates Homeowner's Association. 5. Prelindnary Aonrovals. Persons or associations who anticipate construction improvements on land within lvfneota Estates, whether they already own land in Mineota Estates or are contemplating the purchase of such land, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least two sets, should contain a proposed site plan and should contain sufficient general information on all the aspects that will be required to be in the complete architectural plans and specifications to allow the Architectural Committee to act intelligently on giving an infottned and preliminary approval or disapproval. The Architectural Committee shall never be finally codtmitted or bound by a preliminary approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved. 07/16/2006 11:32 19709287354 TEXHOMA LAND CONSULT PAGE 65 6. Architectural Plans, The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgement required of it by these covenants. 7. Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of lands within Mineota Estates, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in Mineota Estates, or any person or association submitting plans to the Architectural Committee for approval by so doing does agree and convey that he or it will not bring arty action or suit to recover damages against the Architectural Committee, its members as individuals, or its advisors, employees, or agents. 8. Written Records The Architectural Committee sshali keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (including one.ct of all preliminary sketches and all architectural plans so submitted) and of all actions of approval or disapproval and all other actions taken be it under the provisions of this instrument. ARTICLE V - GENERAL RESTRICTTONS ON ALL LT'S 1. Zoning Regzlations. No lands within Mineota Estates shall ever be occupied or used for any structure or purpose or in any manner which is contrary to the zoning of Garfield County, Colorado, validity in force from time to time. 2. No Mining. Drilling. or Quarrnng. No mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall ever be permitted within the limits of Mineota Estates. This does not however preclude the drilling for oil, gas, or other distillate by the mineral owners of record prior to April 1972, Excavation for dwellings or landscaping activities approved by the Architectural Committee are excluded. 3, No B.msiness Uses. No lands within Mineota Estates shall ever be occupied or used for any commercial or business nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of any said lands, except that home offices contained entirely within approved structures and that do not generate commercial traffic, shall be allowed. 4. Signs. With the exception of one "For Rent" or. "For Sale" sign (which shall not be larger than 20 x 26 inches) and except for one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered or permitted to remain on any tract in Mineota Estates. S. Animals. Owners and lessees of land within Mineota l3states may have ordinary household pets belonging to the household in the Mineota Estates so long as such pets are disciplined and do not constitute any undue annoyance to other owners and lessees of Land in Mineota Estates. The Architectural Committee shall have the power to reunite any owner or lessee of land in Mineota Estates to remove any household pct belonging to it which is not disciplined or which constitutes any undue annoyance to other owners or lessees in Mineota Estates. This will not preclude the ownership of a maximum of three horses per residence or lot provided said horses are kept within a corral, paddock or some such suitable enclosure which shall not exceed one acre in area. The boundaries of said enclosure shall nor be located within fifty feet of any lot boundary, road or 1 10111 11111 111111 111 11111 1111111 1111 111 11111 1111 1111 624593 04/06/2003 04:33P 61456 P176 M t7L3DORF 4 of 10 R 81.00 0 0.00 GARFIELD COUNTY CO 07/16/2006 11:32 19709287354 TEXHOMA LAND CONSULT PAGE 06 easement. The boarding of animals that do not belong to the homeowner is not permitted. 6. No Re -subdivision. Except as may be specifically noted on a recorded plate of Mincota Estates subdivision addition, additional filing, or expansion, no lot described on the recorded plats of Mineota Estates subdivision shall ever be subdivided into smaller lots nor conveyed or encumbered in any less than the full original dimension as shown on said recorded plats, provided that conveyances or dedications of easement for utilities or private roads may be made for less than all of one lot. 7. Comlining Lots, if two or more contiguous residential lots arc owned by the sarne owner or owners, they my be combined into one or more larger residential lots by means of a written document executed and acknowledged by all of the owners thereof, approved by the Architectural Committee, and recorded in the real property records of Garfield County, Colorado. Thereafter. the new and larger lot or lots shall each be considered as one residential lot for all of the purposes of these covenants. 8. Service Yards and 'Trash. All clotheslines, equipment, service yards or storage piles on any lot in Mineota Estates shall be kept screened by adequate planting or fencing so as to conceal thein from the view of neighboring lots and streets and access roads. All rubbish and hash shalt be removed from all lots in Mineota Estates and shall not be allowed to accumulate and shall not be burned thereon. 9. Underground Utility Lines,All watts, gas, electrical, telephone and other electronic pipes and lines and all Other utility lines within the limits of Mineota Estates must be buried underground and may not be carried on, overhead poles nor above the surface of the ground, except such electrical, telephone and other electronic lines as may then be instafed_ovencead or above the surface upon platting of an area within Mineota Estates an such other electrical, telephone and other electronic lines to be built which, in the sole and exclusive judgment of Mineota Estates Homeowners Association, its successors and assigns, do not constitute a violation of the intent of these protective covenants. ARTICLE Vi - RESTItiCTIONS ON RFSIDENTIAL LOTS 1. Number and Location ofuildings. _ No buildings or structures shall be placed, erected, altered, or permitted to remain on any residential lot other than one single faintly dwelling house with a minimumof 1,500 square feet on the first, or ground floor, as measured on the outside of the building excluding open porches or garages, and one guest or servant house with a minitnumof 400 square feet and a maximum of 800 square feet on the first; or ground floor thereof, excluding open porches or garages. The building sites for all such buildings and the Architectural Committee shall approve structures. In approving or disapproving the building sites, the Architectural Committee shall take into consideration the number of buildings or structures, the locations with respect to topography and finished grade elevations and the affect thereof on the native setting and surroundings of Mineota Estates. If the Architectural Committee shall be of the opinion that the placing of a single family dwelling together with all of the accessory buildings or structures above authorized on a residential lot would not be in keeping with the overall purpose of these covenants the Architectural Committee, in addition to its other powers and duties hereunder, shall have the authority to limit the number of permitted accessory buildings or structures on any residential lot. 2. Dwellipit House to be constructed first. No guest house, servant house, or other outbuilding shall be constricted on any residential Int until after commencement of construction of the dwelling house on the same residential lot as otherwise specifically permitted by the Architectural Committee. All construction and alteration work shall be nrosecuted dilieentty, and each building, structure, or improvements which is 1111111111111111)1111!IIH11I111111111III11111III{111 624693 e4ia>3/2 83 04;33P Blass pin n RLSImRF 5 of 10 R 5'1.00 0 0.00 t 1RFIELD COUNTY CO 07!16/2805 11:32 19789287354 TEXHOMA LAND CONSULT PAGE e7 commenced on any residential lot shall be entirely completed within 12 months after commencement of construction. No dwelling house shall be occupied in any manner prior to its completion. 3. Setbacks. Al] buildings and structures on all residcntial lots in Mincota Estates shall be setback at least 50 feet from all lot lines. 4. agight Limitations. No building and structure shall be placed, erected, altered or permitted to remain on any residential lots which exceeds a height of 21 feet in elevation above the finished grade level. Only one antenna shall be allowed per dwelling, such antenna not to exceed eight (8) feet above roofline. 5, Metal Roofs, Siding, Towers, and Antennae. No unfinished metal roofs, siding, freestanding towers, or roof -mounted antennae extending more than g ft above the highest elevation of the roofline shall be allowed or permitted to remain on any residential lot in Mineota Estates, Metal roofs must be non -reflective and finished in a color or colors compatible with the surroundings, and aluminum or other metal or plastic siding must be finished in a normal siding color or colors. 14o more than one free-standing satellite dish larger than three feet in maximum dimension may be installed on any residential lot in Mineota Estates and must be more than 50 ft from any lot line. There shall be no limitation on the number of wall- or post -mounted satellite dishes less than three feet in diameter, but post -mounted satellite dishes must not extend more than 10 feet above the ground at the highest point and must be located more than 50 ft from any lot lint. 6. Trees and Landscaping. Except for such cutting or altering of trees and bushes and other natural vegetation growing on a residential lot as is necessary to be done in connection with construction of improvements or landscaping previously approved in writing by the Architectural Committee, there shall be no further cutting or altering of trees or bushes or other natural vegetation growing on any residential lot, and no further landscaping thereof, if such cutting or altering or landscaping would change or alter the natural growth and native setting of Mineota Estates, except as may be authorized in writing by the Architectural Committee. 7. Tanks. No elevated tanks of any land shall be erected, placed or permitted upon any residential lot. Any tank used in connection with any dwelling or house or other structure on any residential lot, including tanks for storage of gas, fuel oil gasoline, oil, or water, shall be buried. Ground mounted propane tanks shall be permitted if properly concealed from public view, 8. Used or Temporary Structntrs. No used or previously emoted or temporary house, structure, house trailer, or nonpermanent outbuilding shall be placed, erected, or allowed to remain on any residential Iot except during construction periods. 9. Exterior Lighting and Sound. All exterior lights and light standards. and aJl exterior sound generating or emitting systems on residential lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting and sound nuisances to other lands within Mineota Estates. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or permitted or tolerated on any lands within Mineota Estates. No mercury, sodium, or other high intensity type lighting is allowed. 10. Off -Street Parkixtg. No dwelling house shall be constructed on any residential lot unless there is concurrently constructed on the same lot adequate off-street parking area for at least four automobiles. 11. Fences. It is the general intention that all perimeter fencing within Mineota Estates has a continuity of 1111111111111111111111 ItIIl 11111(1 I1III 11111111 Illi 1111 624843 04f08123 0433P 81458 P178 M PLSDORF 6 of 10 R 51.01 0 0.00 GARFIELD COUNTY CO 07/16/2005 11:32 19709287354 TEXHOMA LAND CONSULT PAGE 08 appearance in keeping with the native setting and surroundings of Mineota Estates. The term "perimeter fencing" is defined to mean fences along or near rr aidential Iot lines or fencing not connected with a building or structure. All perimeter fencing shall be of a non -view obstructing ranch type rail nature not exceeding 6 feet in height, and shall be approved by the Architectural Committee. Interior fences, screens or walls which are associated with a building or structure may be of such design, material and height as may be approved by the Architectural Committee. 12. Automobile Repair and Unlicensed Automobiles. No commercial automobile repairs shall be permitted at any time, nor shall any unregistered automobiles be permitted to remain on any lot of Mineota Estates. 13. Carnper, Trailers, and Other Recreational Vetjcles and Accessories. No campers, trailers, boats, recreational vehicles of whatever type or kind, or trailers for such recreational vehicles, shall be parked or maintained, at any time, outside of the garage or other outbuildings on any lot of Mineota Estates_ However. until the Mineota Estates Home Owners Association provides alternate storage facilities, the above listed vehicles may be parked or stored outside on the homeowner's lot provided the vehicles are parked or stored in an orderly and unobtrusive manner. 14. Operation of Motorized Vehicles. No dune buggies, ATV's, motorcycles, or snowmobiles shall be operated at any time on any lot in the Mineota Estates. ARTICLE VII • RES7 RICTIONS ON COMMON AREAS 1, Improvements. No improvements of any kind shall be constructed, altered, or allowed to remain an the commons areas except noncommercial stables, or barns, riding rink, jumping course, clubhouse, swimming pools. tennis courts, lakes and ponds, recreational facilities, bridal paths, fences or similar improvements for the benefit or use of all the .members of Mineota Home Owners Association, and private roads giving access to other lots in Mineota Estates. Ail such improvements shall be approved by the Architectural Committee as elsewhere herein provided, and shall conform and harmonize in appearance, siting, and cost with existing structures on and the overall development plans for Mineola Estates. 2. Operation of Motorized Vehicles. No dune buggies, ATV's, motorcycles, or snowmobiles shall be operated at any time on the commons areas of Mineota Estates. ARTICLE TTI - RESTRICTIONS ON GREEN BELTS L No improvements of aoy kind shall be construeted,or allowed on the greet. belts. The green belts shall remain in a natural and native setting without alteration of trees and bushes and other natural vegetation grown thereon. 2. Operation of Motorized Vehicles. No dune buggies, motorized vehicles of every type and description, or snowmobiles shall be operated at any time on the green belt areas of Mineoca Estates. ARTICLE IX - EASEMENTS RESERVED 1. Utility Easements Reserved There arc hereby created and reserved perpetual easements ten feet in width on each side of the boundary line along the entire perimeter of each residential lot and along the entire perimeter of the commons areas. as described on the recorded plats of Mineota Estates subdivisions, including any portion of said perimeters which abut on a dedicated county road or a private road, and through all of the commons areas and all of the private roads described on the recorded plats of the Mineota Estates subdivisions, for the purpose of constructing, maintaining, operation, replacing, enlarging, and 11111111111111111111111111111111111111 1111111111111111 62462x3 p41B9/2eca 04:33P 91458 P179 M RLSDORF 7 of 10 R 31, Qf0 D 0 . Qt0 G F1ELD CDUNTY CO 07/16/2006 11:32 19709267354 TEXHOMA LAND CONSULT PAGE 09 repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, ditches, and conduits, and walking and riding trails. Ali snch lines, pipes, wires, ditches, and conduits shall be buried. No utility or other easement may be used for walking or riding trails until and unless such trails have been specifically designated by the Architectural Committee. No walking or riding trails may be designated by the Architectural Committee on or within any utility easement as defined in this part without the prior written approval of the owners of all lots bordering such easement or the owner of any single lot if the proposed trail is to be entirely located within that lot, except that the Committee may designate such walking or riding trails upon completion of a fence or fences constructed in accordance with Article VL 12 along the entire length of the walking or riding trail along or within the lot or lots, and further upon completion of a privacy fence or fences of a design approved by the lot owner or owners up to a height of six (6) feet within 300 ft of any residence. All such construction shall be at the expense of the MINEOTA ESTATES HOMEOWNERS ASSOCIATION. No utility easement within MINEOTA ESTATES may be used for any purpose other than as set forth in this Article IX'.1. In addition to the foregoing easements, there is further created and reserved perpetual easements of ten foot in width on each side of the easement reserved or granted to the Public Service Company of Colorado, or successors or assignees, for electric ixansmissioe purposes, as shown on the plats of Mineola Estates subdivisions, for the purposes aforesaid, 2. Irrigation Easements and Rights Reserved. There are hereby created and reserved perpetual casements across all of the lands in Mineota Estates subdivisions along the line of all irrigation ditties presently in existence, or hereafter constructed with the consent of the owners of the lands across which constructed for the purpose of constructing, maintaining, and operating irrigation ditches for the proper irrigation of the common areas and other land in Mineota Estates located on any lots therein, together with the right to irrigate all such common areas and other lands at an reasonable times, and to go on all lots in Mineota Estates subdivisions for the purpose of irrigating such cotnrnon tuna and other lands so as to preserve and maintain their natural beauty. 3. Fence Licenses Within Uti1.4 Easements. No fence or other improvement shall ever be placed in any of the utility easements within residential lots created and reserved under paragraph 1 of this Article IX unless prior written authorization shall be obtained from the Architectural Committee. Any such authorization shall he deemed to be a revocable license, and the owner or owners of the residential lot upon which said fence is constructed shall promptly remove the same at their expense upon request of the Architectural Committee. Damage to any such fence occasioned by construction, maintenance and repair of any utility service or system shall be repaired by the owner or owners of the residential lot at their sok expense. 4. Elimination of Utility EasentenLg. Upon approval of the Architectural Committee of a request that certain utility casements be eliminated along originally platted lot lines which are no longer to be lot lines upon combining of lots pursuant to paragraph 7 of Article V, the then owner of such utility easements shall release and quit claim such utility easements upon such terms and conditions as the Architectural Committee may establish. 5. Owtaershiofp Easements. Ali easements and rights created and reserved in paragraph 1 and 2 of this Article shall be and remain vested in the undersigned corporation, its successors and assigns, until such time as the undersigned corporation, its successors or assigns, shall have executed and delivered an instrument in writing transferring the same or a part thereof to MINEOTA ESTATES HOMEOWNERS ASSOCIATION. Prior to such t-ansfer, the undersigned corporation, its successor or assigns, may authorize the use of said easements, either temporarily or permanently, for the purposes set forth in paragraph 1 and 2 of this Article for the benefit of lands not included ir. Mineota Estates. Upon any such transfer to MJNEOTA ESTATES HOMEOWNERS ASSIIC'1.ATTC)N, the undersizned corporation, its successor and assigns, shall be relieved 11till1 IIIA IIIII11111111111 UII 11111 llI 1111)11111111 624693 04/08/Z003 04:33P 8i436 P160 h ALSDORF 5 of 10 R 31.00 D 0.00 GARFIELD COUNTY CO 07/16/2006 11:32 19709287354 from all continuing responsibilities therefore. TEXN3m4 LAND CONSULT PAGE 10 ARTICLE X - ROADS 1. Ownership of Roads. The title in fee to all lands platted as private roads as shown on the reorded plats of Mineota Estates shall be and remain vested in the undersigned corporation until such time as the undersigned corporation shall have executed and delivered and ;instrument in writing transferring the same or a part thereof to MINEOTA ESTATES HOME OWNERS ASSOCIATION; provided, however that prior to any such transfer, the undersigned corporation reserves the right and authority to dedicate to public use any such platted private roads. 2. Easement for Ilse of Roads. The undersigned corporation hej by conveys to MINEOTA ESTATES HOME OWNERS ASSOCIATION for the private use of all owners in Mineota Estates a nonexclusive easement over and across all the private roads platted and dedicated as private roads on the recorded plat of Mineota Estates; provided, however, that the undersigned corporation reserves the right and authority to authorize additional users of all of said private roads as well asithe right to dedicate said roads in whole or in part, to public use. 3. Maintenance of Roads. All private reads in Mineota Estates las shown on the recorded plat of Mineota Estates shall be maintained by MENEOTA ESTATES HOW OWNERS ASSOCIATION, 6 RTICLE XI - ENFORCEMENT 1. Enforcement Actions. The architectural committee shall have the right to prosecute any action to enforce the provisions of all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of lands within Mineota Estates, In addition, each owner of land within Mineota Estates, including MINEOTA ESTATES HOME OWNERS ASSOCIATION, shall have the right to prosecute any action for damages by reason of any violation of these covenants. 2. Limitations of Actionis In the event any construction or alteration or landscaping work is commencer] upon any of the lands in Mineota Estates in violation of tbesc covenants and no action is commenced within 90 days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, hut an action for damages shall still be available to any patty aggrieved. Said 90 -day limitation shall not apply to any portable motor vehicle or trailer, structure, or equipment, any structure or equipment originally intended to be temporary in nature in accordance wirh Article VI.S, or to injunctive or equitable relief against other violation of these covenants, nor shall it apply to the provision of paragraph 3 of Article IX. ARTICLE XTI — 1GENERAL PROVISIQNS 1. Covenants to Run, All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Mineota Estates, and benefits thereof shall inure to the owners of all of the land in Mineota Estates, and the benefits and burdens of all said covenants shall run with the title to all of the lands of Mineota Estates. 2. Termination of_covenants. The covenants contained in this instrument shall terminate September 1, 2012, or at the time of final dissolution of the Colorado Corporation not for profit known as Mineota Estates Homeowners Association, whichever date shall first occur. Effective September 1, 1992, September 1, 2002 and September 1. 2012, these covenants may be amended by a vote of three-fourths of the votes entitled to be cast by the members of Mineota Estates Homeowners Association, said vote to he cast at a meeting of the i 111111 Illil Illiii 1Il1li1I1 {THIN if111 iii cilli ILII �1i1 624693 b4/0C/2003 04:33P 01456 P181 tt RISDORF 8 of A0 11 51.0@ D 9.00 GRRFI ..D COUNTY Cb 07/1E/2006 11:32 19709267354 TEXHOMA LAND CONSULT PAGE 11 members duly held not more than six months before and not more than six months after said date, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, not more than six months after said date. If these covenants are amended on September 1, 2012, then they shall continue in effect, as amended, for so long thereafter as may be stated in said amendment_ 3. ,Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 2. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein, k-14-4-) President Secretary Treasurer Mineota Estates Homeowners Association Date: Date: • , 1 Date: By: Robert L Snow, President Danii Wettlin III, Secretary and Matthew Davis, Treasurer 4'44- IN WITNESS WHEREOF,1 have hereunto sat my . • • the (1 day of C \ o t 1n 200K, t;% attfl2011111111EIRIVICIP JIIF 11111112 N RLSDORF 10 of 10 R 51,E D 0.00 GARFIELD COUNTY CO 2t'L -\ 10: MA i)}Proij G�o !'IcKeOT� LL- s;)4-/(0 -(6s-Z ROAD SHARING AGREEMENT THIS ROAD SHARING AGREEMENT (the "Agreement") is made this day of , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water"), THE DISCOVERY FOUNDATION, a Texas nonprofit corporation ("Discovery Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04, a ("JCT") whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNESSETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"); and WHEREAS, the Lots are accessed by Senaca Drive, a private road within the Mineota Estates Subdivision which connects the Lots to County Road 331; and WHEREAS, the Amended Plat also depicts a fifty foot (50') wide easement crossing Lot 17 for the benefit of Lots 18 and 19, and crossing Lot 18 for the benefit of Lot 19; and WHEREAS, this unconstructed, secondary access, which for purposes of this Agreement shall be termed the "Dixon Road" provides a route to the lower portions of the Lots, and its construction and maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, JCT, Dixon Water, and Discovery Foundation wish to set forth and memorialize the rights and obligations of current and future owners and assigns of the Lots regarding operation, maintenance, repair, replacement, and improvement of portions of the Dixon Road. NOW, THEREFORE, in consideration of the foregoing promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. The Amended Plat dedicates easement for the Dixon Road fifty feet (50') in width, crossing Lot 17 for the use and benefit of Lots 18 and 19, and crossing Lot 18 for the use and benefit of Lot 19. The provisions of the Amended Plat related to the Dixon Road easement are incorporated herein. Said easement for Dixon Road may expressly be used for public access by emergency vehicles to access the Lots, but shall otherwise remain a private road. The easement may be used to locate underground utilities that will serve the Lots. Location of utilities shall avoid the area where the Dixon Road will be located. 3. Cost Sharing of Dixon Road from Seneca Drive Through Lot 17. The owners of Lots 17, 18 and 19 shall each pay thirty three and one-third percent (33.3%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road siutated between Seneca Drive and the boundary between Lots 17 and 18, the approximate location of which is depicted on Exhibit A. 4. Cost Sharing of Dixon Road On Lot 18. The owners of Lots 18 and 19 shall each pay fifty percent (50%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated between the boundary of Lots 17 and 18 and the boundary of Lots 18 and 19, the location of which is depicted on Exhibit A. 5. Costs of Dixon Road on Lot 19. The owners of Lot 19 shall be solely responsible or the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated on Lot 19, as depicted on Exhibit A. 6. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that - a portion Dixon Road requires repair, replacement or maintenance in excess of $500.00, then such owner shall provide the other Lot owners responsible for that portion of the Dixon Road according to paragraphs 3 to 5 above ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled to reimbursement from the other responsible Lot owners for all costs and expenses incurred in doing so in accordance with paragraphs 3 to 5. Payment shall be due within thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. No contributions to repair, replacement, or maintenance of the Dixon Road shall be owed by any Lot owner unless and until (a) the Dixon Road connects to that Lot; and (b) the Lot owner uses the Dixon Road for access. 6. Access Gate. If any access gates are erected on the Dixon Road, the Owners shall share the costs of operation, maintenance, repair, replacement, and improvement related to the access gate in the same proportions described in paragraphs 3 to 5, depending on the location of the gate. Use of the Dixon Road by the owners of the Lots shall not be unreasonably restricted by gates. 7. Agreement to Indemnify. To the extent permitted by applicable law, each owner of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owners (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, 2 occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 8. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever, except for public access by emergency vehicles and for utilities as described on the Amended Plat; it being the intent of the parties that the Easement is and shall continue to be private. 9. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 9. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the Easement created by the Amended Plat nor the terms of this Agreement shall be deemed to have merged into the title of Lots 17, 18, or 19. 10. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 11. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 12. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and 3 attorneys' fees on any appeal. 13. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties 14. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 15. Term. This Agreement shall continue in perpetuity. 16/ Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 17. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 18. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 19. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 20. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: By: By: THE DIXON WATER FOUNDATION Robert Potts, President THE DISCOVERY FOUNDATION David Winter, President THE JAN CLAYTON TRUST DTD 12/17/04 Jan Clayton 5 STATE OF COUNTY OF Subscribed and sworn to before me this day of , 2011, by Robert Potts as President of The Dixon Water Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by David Winter as President of The Discovery Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: Notary Public 6 WATER LINE SHARING AND EASEMENT AGREEMENT THIS WATER LINE SHARING AGREEMENT ("the `Agreement") is made this _ day of 2011 among THE DIXON WATER FOUNDATION,) T1HE on whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water", DISCOVERY FOUNDATION, a Texas nonprofit corporation tias ("Discove, Texas y 75206, and THE JAN dation") whose address is 6060 North Central Expressway, Suite 305, ("JCT") whose address is 25960 Quail CLAYTON TRUST DTD 12/17/04, a Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNESSETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as 17, 18, add' d 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the AmendedClerk and and recorded as Reception No. in the Office of the Garfield County Recorder (the "Amended Plat"); and WHEREAS, the Amended Plat contains a plat note a� wateat rnl e whose construction and ny water line which may be constructed from Senaca Drive to the Lots shall be a private maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, it is the intent of the undersigned tomemorialize certain rights m nt of t to the properties concerning the location, construction, use, Tmt ance, repair and/or improve the private water line; and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. The Amended Plat dedicates a utility easement Lot 18 for the (50') in width, crossing Lot 17 for the use entana benefit provisof oons ots 18 f the d 9, and Amended Plat related to the use and benefit of Lot 19 (the "Easement"). Easement runs upon, over, across, Easement are incorporated herein. The nonexclusive, perpetual P and beneath the Lots for the purpose of permitting the use, maintenance, repair, replacement, or improvement of the private water line and associated physical mrov to Snts aerve auttheLo s. ized Owners by this Agreement may also accommodate additional utilities as necessary acknowledge that the private water line to serve the Lots is not yet constructed. 2, Construction of Private Water Line. Each Lot owner may determine whether to construct its water line in the Easement or whether to directly pthe water the ion of water from mse. lf the a Lott water main in toi eo across the that t r lone serving the wnerowner's own Lot, 's Lot in the Easement, this Agreement shall not decides not to locate the apply to that Lot. Any Lot owner may construct a water line in the Easement at any time. If a Lot owner constructs a water line and a portion of that water line is later used to serve another Lot, the Lot owner constructing the water line shall be entitled to recover a pro -rata share of the engineering, materials, and construction costs (the "Construction Costs"). A pro -rata share shall be determined by (i) calculating the length of the water line to be used by the connecting lot divided by the length of the water line constructed (to the next Lot boundary line); (ii) multiplying that figure by the construction costs for the entire length of the line; and (iii) adding interest at the rate of five percent (5.0%) per annum from the date of completion of the water line. 3, Connection to Mineota Estates Water System. The parties agree and acknowledge that the private water line that is the subject of this Agreement shall deliver domestic water to the Lots from the Mineota Estates Subdivision water system, and that use of such water and facilities is governed by the Mineota Estates Declaration of Covenants and any other rules and regulations of the Mineota Estates Homeowners Association pertaining to the Mineota Estates water system. Nothing herein shall be construed to circumvent or modify such rules and regulations. 4. Cost of Repair, Maintenance and Improvements. From time to time the private water line and associated facilities will require repair, maintenance and improvements. For so long as Lots 17, 18, and/or 19 are sharing the private water line, the cost of any such repair, maintenance and improvements shall be allocated as follows: a. The cost of any repair, maintenance or improvement that benefits each of the Lots shall be allocated equally between the Lots; and b. The cost of any repair, maintenance or improvement that benefits any single Lot shall be allocated to that Lot only. Any portion of the Easement that is disturbed due to such repair, maintenance or improvements shall be promptly compacted and revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance was allocated. c. No Lot owner shall be responsible for costs pursuant to this Agreement until the water line has been extended onto its Lot (with the Lot owner's consent). 5. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that the private water line requires repair, replacement or maintenance in excess of $500.00 to allow it deliver adequate water supply, then such owner shall provide the other Lot owners using the line ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled to reimbursement from the remaining Lot owners for all costs and expenses incurred in doing so in accordance with paragraph 6 below and subject to paragraph 4 above. Payment shall be due within 2 thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. 6. Payment Terms. Any payment due to any party subject to this Agreement shall be due and payable, in full, thirty (30) days from notice thereof. If payment is not received by said due date, the party or parties to whom said payment is owned may file a lien for the amount owed against the Lot owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Water Line Sharing Agreement in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 7. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owner (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 8. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever; it being the intent of the parties that the Easement is and shall continue to be private. 9. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 10. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the Easement created by the Amended Plat nor the terms of this Agreement shall be 3 deemed to have merged into the title of Lots 17, 18, and 19. 11. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County or, if jurisdiction therein lies, the federal district court for Colorado. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 12. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 13. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 14. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 15. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 16. Term. This Agreement shall continue in perpetuity. 17. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 18. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 4 ti 19. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 20. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 21. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: By: By: THE DIXON WATER FOUNDATION Robert Potts, President THE DISCOVERY FOUNDATION David Winter, President THE JAN CLAYTON TRUST DTD 12/17/04 Jan Clayton 5 STATE OF COUNTY OF Subscribed and sworn to before me this day of , 2011, by Robert Potts as President of The Dixon Water Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by David Winter as President of The Discovery Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: Notary Public 6 Date: 01-05-2011 Property Address: SILT CO 81652 KARP NEU HANLON 201 14TH STREET SUITE 200 GLENWOOD SPRINGS, CO 81601 Attn: MICHAEL J. SAWYER Phone: 970-945-2261 Copies: 1 EMail: mjs@mountainlawfirm.com Sent Via EMail Land Title Guarantee Comany CUSTOMER DISTRIBUTION Our Order Number: GW63005988 If you have any inquiries or require further assistance, please contact Phone: Fax: Form DELIVERY.LP Form PIB/ORT PROPERTY INFORMATION BINDER LTG Policy No. LTAQ63005988 Our Order No. GW63005988 Liability: Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES KARP, NEU, HANLON herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of November 05, 2010 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: THE DIXON WATER FOUNDATION AND THE DISCOVERY FOUNDATION AND JAN CLAYTON TRUST DATED DECEMBER 17, 2004 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT LTG Policy No. LTAQ63005988 Our Order No. GW63005988 3. The land referred to in this Binder is situated in the State of Colorado, County of GARFIELD described as follows: W1/2NW1/4, SE1/4NW1/4 AND THE SW1/4NE1/4 OF SECTION 23, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO 4. The following documents affect the land: 1. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 17, 1939, IN BOOK 194 AT PAGE 579. 2. EXCEPTING AND RESERVING HOWEVER, TO THE UNITED STATES ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN PATENT RECORDED JULY 19, 1939 IN BOOK 194 AT PAGE 579. 3. AN UNDIVIDED ONE HALF INTEREST IN AND TO ALL OIL, GAS AND MINERALS TOGETHER WITH THE RIGHT TO REMOVE THE SAME AS CONTAINED IN INSTRUMENT RECORDED MARCH 21, 1959 IN BOOK 316 AT PAGE 99, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 4. ‘,/TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS EASEMENT RECORDED AUGUST 27, 1980 AT RECEPTION NO. 306938. 5. ALL OIL AND GAS AS CONTAINED IN INSTRUMENT RECORDED JANUARY 28, 2008 UNDER Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT 4. The following documents affect the land: (continued) LTG Policy No. LTAQ63005988 Our Order No. GW63005988 RECEPTION NO. 741914 AND RECORDED JANUARY 28, 2008 UNDER RECEPTION NO. 741916. Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 1 of 2 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of:,,,,,,,,,, , LAND TITLE GUARANTEE COMPANY ; .•ayTITL,F� 1317 GRAND AVE #200 o * * Ns GLENW00D SPRINGS, CO 81601 ; QGI a 970-945-2610 = v * * i = M ' -,y * * * *y�° orized Sign ure PIB.ORT Cover Page 2 of 2 Land Title Guarantee Comany CUSTOMER DISTRIBUTION Date: 11-30-2010 Our Order Number: GW63005996 Property Address: MINEOTA RIDGE SILT CO 81652 KARP NEU HANLON ATTORNEYS AT LAW PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 Attn: MICHAEL J SAWYER Phone: 970-945-2261 Fax: 970-945-7336 Copies: 1 EMaII: mjs@mountainlawfirm.com Linked Commitment Delivery If you have any inquiries or require further assistance, please contact Title Department Phone: 970-945-2610 Fax: 970-945-4784 Form DELIVERY.LP Form PIB/ORT PROPERTY INFORMATION BINDER LTG Policy No. LTAQ63005996 Our Order No. GW63005996 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES KARP NEU HANLON herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of November 03, 2010 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: DIXON WATER FOUNDATION AND THE DISCOVERY FOUNDATION 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT i., I u roncy ivu. LTAQ63005996 Our Order No. GW63005996 3. The land referred to in this Binder is situated in the State of Colorado. County of GARFIELD described as follows: LOTS 17, 18 AND 19 MINEOTA ESTATES FILING NO. 1, ACCORDING TO THE PLAT RECORDED SEPTEMBER 23, 1978 AT RECEPTION NO. 255378. COUNTY OF GARFIELD STATE OF COLORADO 4. The following documents affect the land: 1. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 10, 1913, IN BOOK 92 AT PAGE 265. 3. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DANIAL A. MCPHERSON AND MARY ELLEN MCPHERSON IN DEED TO KENNETH MCPHERSON, BOBBY MCPHERSON AND WARREN MCPHERSON RECORDED MAY 17, 1952 IN BOOK 264 AT PAGE 201, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 4. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS, AND OTHER MINERAL RIGHTS AS RESERVED BY MARY ELLEN MCPHERSON, AKA MARY E. MCPHERSON IN THE DEED TO LESLIE DALE MCPHERSON RECORDED FEBRUARY 28, 1956 IN BOOK 291 AT PAGE 439 AS RECEPTION NO. 193177, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT 4. The following documents affect the land: (continued) LTG Policy No. LTAQ63005996 Our Order No. GW63005996 5. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED BY KENNETH MCPHERSON, BOBBY MCPHERSON, WARREN MCPHERSON AND LESLIE DALE MCPHERSON IN THE DEED TO VALLEY FARMS, INC., A COLORADO CORPORATION, RECORDED APRIL 17, 1964 IN BOOK 357 AT PAGE 324 AS RECEPTION NO. 225212, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 09, 1972, IN BOOK 435 AT PAGE 511 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 13, 1978, IN BOOK 508 AT PAGE 511 AND AS AMENDED IN INSTRUMENT RECORDED JUNE 11, 1993, IN BOOK 630 AT PAGE 384. 7. EASEMENT AND RIGHTS OF WAY AS SHOWN ON THE PLAT RECORDED SEPTEMBER 22, 1972 AS RECEPTION NO. 255378. I 8. TERMS AND CONDITIONS OF CONTRACT BY AND BETWEEN VALLEY FARMS, INC. AND THE MINEOTA RIDGE HOMEOWNERS ASSOCIATION REGARDING A DOMESTIC WATER SUPPLY SYSTEM AS DESCRIBED IN INSTRUMENT RECORDED MARCH 28, 1991 IN BOOK 801 AT PAGE 115. 9. TERMS AND CONDITIONS OF THE ARTICLES OF INCORPORATION OF THE MINEOTA RIDGE ESTATES HOMEOWNERS ASSOCIATION RECORDED MARCH 6, 1973 IN BOOK 441 AT PAGE 361 AND RECORDED MAY 21, 1982 IN BOOK 599 AT PAGE 946. 10. TERMS AND CONDITIONS OF SUBDIVISION IMPROVEMENT AGREEMENT RECORDED AUGUST 23, 1977 IN BOOK 500 AT PAGE 46. 11. RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 4, 1980 IN BOOK 546 AT PAGE 413. 12. RESERVATION OF ALL REMAINING OIL, GAS AND MINERAL RIGHTS AS RESERVED IN DEED RECORDED JUNE 7, 1994 IN BOOK 904 AT PAGE 997 ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 13. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED AUGUST 29, 1994 IN BOOK 913 AT PAGE 959. Form PIB/ORT 4. The following documents affect the land: (continued) LTG Policy No. LTAQ63005996 Our Order No. GW63005996 14. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED AUGUST 29, 1994 IN BOOK 913 AT PAGE 899. 15. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 29, 1994 IN BOOK 913 AT PAGE 900. 16. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED MARCH 29, 1996 IN BOOK 972 AT PAGE 77. 17. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 08, 2003, IN BOOK 1456 AT PAGE 173. 18. TERMS, CONDITIONS AND PROVISIONS OF PERSONAL REPRESENTATIVE'S DEED RECORDED JANUARY 28, 2008 AT RECEPTION NO. 741916. 19. TERMS, CONDITIONS AND PROVISIONS OF EXTENSION OF OIL AND GAS LEASE RECORDED APRIL 28, 2010 AT RECEPTION NO. 785336. 20. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED JULY 17, 2008 AT RECEPTION NO. 752455. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 1 of 2 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable lime after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 A horized Sign4ture PIB.ORT Cover Page 2 of 2 rg Land Tttle GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY INVOICE Customer Reference No. Record Owner: DIXON WATER FOUNDATION AND THE DISCOVERY FOUNDATION Property Address: MINEOTA RIDGE SILT CO 81652 When referring to this order, please reference our Order No. GW63005996 Date: November 30, 2010 - CHARGES - Property Information Binder $500.00 --Total-- $500.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 799850 03/09/2011 10:53:52 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY 1) This Statement of Authority relates to an entity named The Dixon Water Foundation and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2) The type of entity is: A non-profit corporation. 3) The mailing address for the entity is: P. O. Box 177, Marfa, TX 79843. 4) The entity is formed under the laws of Texas. 5) The name of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Robert Potts, President. 6) The authority of the foregoing person(s) to bind the entity is not limited or x limited as follows: To execute and submit a Subdivision Application to the Garfield County Colorado Building & Planning Department for a Final Plat Amendment. 7) Other matters concerning the manner in which the entity deals with interests in real property: STATE OF TEXAS COUNTY OF I�ted'o ) ss. By DIXON WATER FOUNDATION Robert Potth , President Acknowledged before me this b day of 1"'✓JZta, 2011, by Robert Potts as President of The Dixon Water Foundation. WITNESS my hand and official seal. My Commission expires: ci- l LI '-ter a. . [SEAL] LANA CARTLIDGE POTTS My Commission Expires September 14, 2012 svnirrnyryvvyrgyvvy Not Public 799852 03/09/2011 10:53:52 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded STATEMENT OF AUTHORITY 1) This Statement of Authority relates to an entity named The Jan Clayton Trust DTD 12/17/04 and is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172 C.R.S. 2) The type of entity is: Trust. 3) The mailing address for the entity is: 25960 Quail Lane, Los Altos Hills, CA 94022. 4) The name of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Jan Clayton, Trustee. 5) The authority of the foregoing person(s) to bind the entity is not limited or _x_ limited as follows: To execute and submit a Subdivision Application to the Garfield County Colorado Building & Planning Department for a Final Plat Amendment. 6) Other matters concerning the manner in which the entity deals with interests in real property: By THE JAN CLAYTON TRUST DTD 12/17/04 C.PA an Clayton, Trustee STATE OF TEXAS ) ) ss. COUNTY OF 5./9 fvf& Acknowledged before me this 1344 day of ttAU4 , 2011, by Jan Clayton as Trustee of The Jan Clayton Trust DTD 12/17/04. WITNESS my hand and official seal. My Commission expires: A6 rv. y d 20* [SEAL] / FNI1 GHALEIB COMM. #1879755 Notary Public • California Alameda County 11 Comm. Expires Feb. 8, 2014 Notary Public ROAD SHARING AGREEMENT THIS ROAD SHARING AGREEMENT (the "Agreement") is made this day of , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water"), THE DISCOVERY FOUNDATION, a Texas nonprofit corporation ("Discovery Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04, a ("JCT") whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNES SETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"); and WHEREAS, the Lots are accessed by Senaca Drive, a private road within the Mineota Estates Subdivision which connects the Lots to County Road 331; and WHEREAS, the Amended Plat also depicts a fifty foot (50') wide easement crossing Lot 17 for the benefit of Lots 18 and 19, and crossing Lot 18 for the benefit of Lot 19; and WHEREAS, this unconstructed, secondary access, which for purposes of this Agreement shall be termed the "Dixon Road" provides a route to the lower portions of the Lots, and its construction and maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, JCT, Dixon Water, and Discovery Foundation wish to set forth and memorialize the rights and obligations of current and future owners and assigns of the Lots regarding operation, maintenance, repair, replacement, and improvement of portions of the Dixon Road. NOW, THEREFORE, in consideration of the foregoing promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. The Amended Plat dedicates easement for the Dixon Road fifty feet (50') in width, crossing Lot 17 for the use and benefit of Lots 18 and 19, and crossing Lot 18 for the use and benefit of Lot 19. The provisions of the Amended Plat related to the Dixon Road easement are incorporated herein. Said easement for Dixon Road may expressly be used for public access by emergency vehicles to access the Lots, but shall otherwise remain a private road. The easement may be used to locate underground utilities that will serve the Lots. Location of utilities shall avoid the area where the Dixon Road will be located. 3. Cost Sharing of Dixon Road from Seneca Drive Through Lot 17. The owners of Lots 17, 18 and 19 shall each pay thirty three and one-third percent (33.3%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road siutated between Seneca Drive and the boundary between Lots 17 and 18, the approximate location of which is depicted on Exhibit A. 4. Cost Sharing of Dixon Road On Lot 18. The owners of Lots 18 and 19 shall each pay fifty percent (50%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated between the boundary of Lots 17 and 18 and the boundary of Lots 18 and 19, the location of which is depicted on Exhibit A. 5. • Costs of Dixon Road on Lot 19. The owners of Lot 19 shall be solely responsible or the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated on Lot 19, as depicted on Exhibit A. 6. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that a portion Dixon Road requires repair, replacement or maintenance in excess of $500.00, then such owner shall provide the other Lot owners responsible for that portion of the Dixon Road according to paragraphs 3 to 5 above ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled to reimbursement from the other responsible Lot owners for all costs and expenses incurred in doing so in accordance with paragraphs 3 to 5. Payment shall be due within thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. No contributions to repair, replacement, or maintenance of the Dixon Road shall be owed by any Lot owner unless and until (a) the Dixon Road connects to that Lot; and (b) the Lot owner uses the Dixon Road for access. 7. Access Gate. If any access gates are erected on the Dixon Road, the Owners shall share the costs of operation, maintenance, repair, replacement, and improvement related to the access gate in the same proportions described in paragraphs 3 to 5, depending on the location of the gate. Use of the Dixon Road by the owners of the Lots shall not be unreasonably restricted by gates. Any gates erected must permit emergency access by the County and other emergency response agencies 8. Agreement to Indemnify. To the extent permitted by applicable law, each owner of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owners (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' 2 fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 9. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever, except for public access by emergency vehicles and for utilities as described on the Amended Plat; it being the intent of the parties that the Easement is and shall continue to be private. 10. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 11. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the Easement created by the Amended Plat nor the terms of this Agreement shall be deemed to have merged into the title of Lots 17, 18, or 19. 12. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 13. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 14. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such 3 action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 15. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties 16. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 17. Term. This Agreement shall continue in perpetuity. 18. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 19. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 20. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 1. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 22. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: By: By: THE DIXON WATER FOUNDATION Robert Potts, President THE DISCOVERY FOUNDATION David Winter, President THE JAN CLAYTON TRUST DTD 12/17/04 Jan Clayton STATE OF COUNTY OF Subscribed and sworn to before me this Potts as President of The Dixon Water Foundation. (SEAL) My commission expires: STATE OF COUNTY OF day of , 2011, by Robert Notary Public Subscribed and sworn to before me this day of , 2011, by David Winter as President of The Discovery Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: Notary Public 6 AMENDMENT TO COVENANTS MINEOTA ESTATES SUBDIVISION This AMENDMENT TO PROTECTIVE COVENANTS for MINEOTA RIDGE ESTATES is made this day of (.11 , 2011 by the MINEOTA ESTATES HOMEOWNERS ASSOCIATION, a Co o ado no -profit corporation (the "Association"). WHEREAS, on September 6, 1972, Valley Improvement & Development Corp., the declarant of the Mineota Ridge Estates Subdivision, now known as Mineota Estates Subdivision ("Mineota Estates"), recorded the Final Subdivision Plat for the property in the Office of the Garfield County Clerk and Recorder as Reception No. 255378; and WHEREAS, use of Mineota Estates and conduct of the Association is governed by Protective Covenants dated September 6, 1972 and recorded as Reception No. 255377 ("original Covenants") in the Office of the Garfield County Clerk and Recorder, as amended by the Amendments thereto dated January 30, 1978 and February 4, 1983 and recorded as Reception Nos. 284768 and 343718, respectively, and Covenants dated November 1, 2002 and recorded as Reception No. 624693 ("Amended and Restated Covenants"); and WHEREAS, Mineota Estates, The Dixon Water Foundation ("Dixon Water") and The Discovery Foundation ("Discovery"), have mutual interests as a result of Dixon Water's and Discovery's ownership of property within Mineota Estates and having a number of common property boundaries and neighboring lands owned by Dixon Water and Discovery; and WHEREAS, in regards to these mutual interests, Dixon Water, Discovery and the Association have entered into an Agreement dated July 25 , 2011 (the "Dixon Agreement"), and as the result of such Agreement, the Association has resolved to amend certain terms of the Amended and Restated Covenants accordingly; and WHEREAS, at a duly noticed meeting held on October 26, 2010, and pursuant to C.R.S. §38-33.3-217, a majority of at least sixty-seven percent (67%) of the Association Members voted to amend the Amended and Restated Covenants to recognize the terms of the Dixon Agreement as described herein. NOW THEREFORE, the Association and Members hereby publish and declare that the following amendments shall be made to the Amended and Restated Covenants described above. 1. Inclusion of Dixon 160 Parcel in Mineota Estates. The Association hereby recognizes the inclusion of a 160 -acre parcel due south of Mineota Estates (the "Dixon 160 Parcel") as described on Exhibit A within the boundaries of Mineota Estates. As part of the inclusion, the Dixon 160 Parcel is incorporated in to Mineota Estates, Lots 17, 18, and 19 (Filing No. 1) described in Exhibit B attached hereto and incorporated herein. The new boundaries of Lots 17, 18, and 19, as shown on Exhibit C, are hereby included within the legal description of Karp_Neu_Hganlon: 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 Mineota Estates. Lots 17, 18 and 19 (as modified by the inclusion of the Dixon 160 Parcel) shall continue to be subject to all rights and obligations set forth in the Original Covenants and the Amended and Restated Covenants, including the right to use access roads within Mineota Estates and the right of service by the Mineota Estates water system. However, as provided for in C.R.S. §37-92-602(b), Lots 17, 18 and 19 shall each retain the right to drill an exemption well to provide supplemental water supply on each lot so long as no interconnection occurs with the Mineota Estates water system. The President of the Association is authorized to execute all documents required to incorporate the Dixon 160 Parcel into Mineota Estates. 2. No Further Modifications. Except as expressly modified herein, all provisions of the Amended and Restated Covenants and any other binding covenants of the Association shall remain in full force and effect. IN WITNESS WHEREOF, the Mineota Estates Homeowners Association has caused this Amendment to be signed by its duly authorized officers this 26 day of October , 2010. At the meeting on October 26, 2010, 2 5 members out of a total of 4 0 members of the Association voted to approve this amendment to the Covenants. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) By: MINEOTA ESTATES HOMEOWNERS ASSOCIATION, INC. President ins t wa§owledged before me this 6:7,1-6- - day of , by (eI - J- 1, s --President of the Mineota Estates (Seal) Notary Public My commission e - s: By: CONSENT TO INCLUSION OF DIXON 160 ACRE PARCEL THE DIXON WATER FOUNDATION, A texas non-pjetit corporation I1 Robert Pottl, President STATE OF ��, KA S ) ) ss. COUNTY OF iFP)A'J S ) The foregoing instrument was acknowledged before me this d -k' day of u rte.- , 2011, by Robert Potts as President of The Dixon Water Foundation. wnwnsee A+AwwwAAwA LANA CARTLIDGE POTTS My Commission Expires '` September 14, 2012 (S ^.e.ay.v..ay.VA. V,..w...o..IF o ary Public My commission expires: 9 -/ Li" 2-01.1 CONSENT TO INCLUSION OF DIXON 160 ACRE PARCEL THE DISCOVERY FOUNDATION, A Texas non-profit corporation Dad1 Winter, President STATE OF -Thx#4 s COUNTY OF 64 LL4S guy (Seal) The foregoing instrument was acknowledged before me this a3 771 day of , 2011, by David Winter as President of The Discovery Foundation. ISABELLE A. MORO My Commission Expires February 26, 2015 Notary Public My commission expires: By: CONSENT TO INCLUSION OF DIXON 160 ACRE PARCEL JAN CLAYTON TRUST DTD 12/17/2004 Jan Clayton, Trustee STATE OF C.A17.4troszp') sc - ) ss. COUNTY OF Qkun'c, ) The foregoing instrument was acknowledged before me this 7ft, day of , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust DTD 12/17/2004. SOO YUN KIM COMM. #1774887 NOTARY PUBLIC • CALIFORNIA SANTA CtARA COUNTY My Comm. Expires Nov. 19, 2011 Y Notary Public My commission expires: 11 f/ et, (a -o l 1 W1/2 NW1/4, SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 23, Township 6 South, Range 92 West of the 6th P.M. County of Garfield State of Colorado Also known as Assessor's parcel number 2179-232-00-260. I:\Clients\Dixon Water Foundation\Documents\Exhibit A to Mine( a a 8 EXHIBIT Lots 17, 18 and 19 Mineota Estates Filing 1 According to the plat thereof recorded as Reception No. 255378. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT ROAD SHARING AGREEMENT THIS ROAD SHARING AGREEMENT (the "Agreement") is made this 7th day of July , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation, whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water"), THE DISCOVERY FOUNDATION, a Texas nonprofit corporation ("Discovery Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04 ("JCT"), whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNESSETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"); and WHEREAS, the Lots are accessed by Senaca Drive, a private road within the Mineota Estates Subdivision which connects the Lots to County Road 331; and WHEREAS, secondary access to the Lots is proposed via a fifty foot (50') wide easement crossing Lot 17 for the benefit of Lots 18 and 19, and crossing Lot 18 for the benefit of Lot 19; and WHEREAS, this unconstructed, secondary access, which for purposes of this Agreement shall be termed the "Dixon Road" will provide a route to the lower portions of the Lots, and its construction and maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, as a condition of Amended Plat approval, the Dixon Road is not shown on the Amended Plat but shall be separately dedicated by easement deed recorded after its construction; and WHEREAS, JCT, Dixon Water, and Discovery Foundation wish to set forth and memorialize the rights and obligations of current and future owners and assigns of the Lots regarding operation, maintenance, repair, replacement, and improvement of portions of the Dixon Road. NOW, THEREFORE, in consideration of the foregoing promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. An easement for the Dixon Road fifty feet (50') in width, crossing Lot 17 for the use and benefit of Lots 18 and 19, and crossing Lot 18 for the use Karp_Neu.HAa^nlom 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 and benefit of Lot 19 shall be dedicated upon construction of the road and recorded in the Office of the Garfield County Clerk and Recorder (the "Easement"). The provisions of the Amended Plat related to maintenance of private roads relate to the Dixon Road and are incorporated herein. Said Easement may be used for public access expressly by emergency vehicles to access the Lots, but shall otherwise remain a private road. The Easement may be used to locate underground utilities that will serve the Lots. Such conditions shall appear on the Easement. Location of utilities shall avoid the area where the Dixon Road will be located. 3. Cost Sharing of Dixon Road from Seneca Drive Through Lot 17. The owners of Lots 17, 18 and 19 shall each pay thirty three and one-third percent (33.3%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated between Seneca Drive and the boundary between Lots 17 and 18, the approximate location of which is depicted on Exhibit A. 4. Cost Sharing of Dixon Road On Lot 18. The owners of Lots 18 and 19 shall each pay fifty percent (50%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated between the boundary of Lots 17 and 18 and the boundary of Lots 18 and 19, the location of which is depicted on Exhibit A. 5. Costs of Dixon Road on Lot 19. The owners of Lot 19 shall be solely responsible or the costs of operation, maintenance, repair, replacement, and improvement of that portion of the Dixon Road situated on Lot 19, as depicted on Exhibit A. 6. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that a portion Dixon Road requires repair, replacement or maintenance in excess of $500.00, then such owner shall provide the other Lot owners responsible for that portion of the Dixon Road according to paragraphs 3 to 5 above ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled to reimbursement from the other responsible Lot owners for all costs and expenses incurred in doing so in accordance with paragraphs 3 to 5. Payment shall be due within thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. No contributions to repair, replacement, or maintenance of the Dixon Road shall be owed by any Lot owner unless and until (a) the Dixon Road connects to that Lot; and (b) the Lot owner uses the Dixon Road for access. 7. Access Gate. If any access gates are erected on the Dixon Road, the Owners shall share the costs of operation, maintenance, repair, replacement, and improvement related to the access gate in the same proportions described in paragraphs 3 to 5, depending on the location of the gate. Use of the Dixon Road by the owners of the Lots shall not be unreasonably restricted 2 by gates. Any gates erected must permit emergency access by the County and other emergency response agencies 8. Agreement to Indemnify. To the extent permitted by applicable law, each owner of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owners (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 9. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever, except for public access by emergency vehicles and for utilities as described on the Easement deed; it being the intent of the parties that the Easement is and shall continue to be private. 10. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 11. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the Easement nor the terms of this Agreement shall be deemed to have merged into the title of Lots 17, 18, or 19. 12. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 3 13. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 14. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 15. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties 16. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 17. Term. This Agreement shall continue in perpetuity. 18. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 19. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 20. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 21. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth 4 herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 22. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: TH I IXON WATER FOUNDATION Ro ert Potts, Piesident THE DISCOVERY FOUNDATION By: k �)� ' y Davi • Winter, President By: THE JAN CLAYTON TRUST DTD 12/17/04 5 STATE OF t )CA -S ) ) ss. COUNTY OF(. FP7►S ) Subscribed and sworn to before me thisday of , 2011, by Robert Potts as President of The Dixon Water Foundatio (SEAL) My commissi Np CARTLIDGE POTTS y Corn7ission Expires September 14, 2012 STATE OF / EX4S ) ) ss. COUNTY OF b>gL.L4S r i� ota y Public Subscribed and sworn to before me this a5 'day of %Y1 , 2011, by David Winter as President of The Discovery Foundation Notary Public STATE OF411"1"41-1C) ss. COUNTY OF Ceti ) Subscribed and sworn to before me this I'& day of Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires:(( ,I q 1,6 1) AO, -04-_-.1%. AA. _..A._ .01._ — . ...1. lc SOO YUN KIM —",��,�?� �� COMM. #1774887iii-� Vi''''i E4 NOTARY PUBLIC - CALIFORNIA c— j SANTA CLARA COUNTY My Comm. Expires Nov. 19, 2011 �vavrv����. l , 2011, by Jan Notary Public 6 Easement dedicated dux Pimp \ ne S89 89 °5534 E \ _ 1328 45 0 North 1/4 Comer Section 23 A3 AlUrninunt Cap LS No. 2 613 fn Place 611 1 m N215y�B4e 1 / p11` �, o 8 ._• n>s90 1 �s �a kms /i. "� eat GQ e ttt r•� Sruca R6 1 S"' - (- Aiiiiiin a ;..m.td l _ 606. 1pe I6a ReeepdanF 2553781 1 _ _-' �_ 11 568• qA3 ��R a17r w IS 88'4146`E 663.50\r — = �R• ss Rebarib Recant '� 588.41'46'E �\ Rem. any c ,0 330 l8 \\ Rat .. LY Rae,`N \\ ^.� i.• UMe.grannd RigkRfi,uuy ' ,o:a'eo,rn,i.:.parvldl .-/ Seneca.Dnve 2---,, :1\\ " \ .y IR Wart Ma. 3a693ds Hoon / Feeepabn n 755]7! ; o - .. ` ;\ 46, pope 4121 f 7 /� ii 7nipmU lFasnn9. cjnuelood✓ •1 1 V 15: 5 / i i›iii e 11 - 1 —. r" w > 1 1' :, C' I �; A' I 1 I CenterN rNv1JI6 Comer. ,\ 1 _-�\ Sehian 23 \ \ ;no nr`yb'°14,a'mnm'r Dna o�.gwrtasonan lino' y 1. _ .�� �5 Rebar in pia \ \ ea be vacated amn a.. nay Se beeyamted wrn'the Platt�'� _- - 1 g[s d 16° 4A __ /ti<ee5if e��1 ---.-/ ;1s / I acv 1 94. 1 \\ '. \1 - I R• 1 -1 1a.a'— ` ' I— \\ -:-...� \ \0 \ \1 ) I \\ \_/ ,/ _1 EasementPer Plat Recepnon Ro. 755278 rr' y7 Rebar and CaP :- .�; lrypca9 /` �- /1(\ Ls R 3 031M1aFa// .1111 11,1) 20Laid, Rely anus Original Boundary Lay . lfe be Vacated with the Platt 32747 \ `\ S 8;9'5831' W 663. \ \. \ \ \ \\ \ \ Parcel 18-A 62.866 s Aoes / , `5Re Evard/ ma. / // / J ! r Pence t\ I N 89'56'56- E 1327.47 d 5�1 R4a4e06 4ruw'Aq K. • a 15 Reber in Acores 483.83' / North East 1/16 Comer Section 23 A 45 Rebar in plats) Par:/ -el 1 61.496 9Ac'8 .5500 Record (482.857 Why et Drainage) Easement la be aeaed bydde Athan ll exterior Boundary iinee (Typimy M.11,9Z.00 Al �4a bad Pa GD cp ti• nl1 Back Fmd 71.6' �-[ N 89'5707.9' 1326.11' f anterAnse -,1/16 Comer S Sian 23 - Center UR Garner Section 23 ule'a0- A Rehm. . nr and Cap A 3,' Dia. Garfield County Surveyor a' a 6 LS No IO871 in PlaceBross Cap In Pince S.';''''''CI, H gra l..w %91"''''''''105'. 1g1'69' / / / / / 589'575r W 13]7]6' East 1/4 Comer Section 23 A 3' Dia. Garfield County Surveyor al Brass Cap fn Place rCiag5e SO-tn.-1r' ?Aeon. Sen 2 EXHIBIT WATER LINE SHARING AND EASEMENT AGREEMENT THIS WATER LINE SHARING AGREEMENT ("the "Agreement") is made this? tilay of July , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation, whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water"), THE DISCOVERY FOUNDATION, a Texas nonprofit corporation ("Discovery Foundation"), whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04 ("JCT"), whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNESSETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"); and WHEREAS, the Amended Plat contains a plat note that any water line which may be constructed from Senaca Drive to the Lots shall be a private water line whose construction and maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, it is the intent of the undersigned to memorialize certain rights appurtenant to the properties concerning the location, construction, use, maintenance, repair and/or improvement of the private water line; and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. An easement for utilities (50') in width, crossing Lot 17 for the use and benefit of Lots 18 and 19, and crossing Lot 18 for the use and benefit of Lot 19 shall be dedicated upon construction of the road and recorded in the Office of the Garfield County Clerk and Recorder (the "Easement"). The provisions of the Amended Plat related to private ownership and maintenance of water lines and roadways are incorporated herein. The nonexclusive, perpetual Easement runs upon, over, across, and beneath the Lots for the purpose of permitting the use, maintenance, repair, replacement, or improvement of the private water line and associated physical improvements as authorized by this Agreement may also accommodate additional utilities as necessary to serve the Lots. Owners acknowledge that the private water line to serve the Lots is not yet constructed. 2, Construction of Private Water Line. Each Lot owner may determine whether to construct its water line in the Easement or whether to directly run the water line from the water main Karp_Neu_H�anlonr 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 in Seneca Drive across that Lot owner' s own Lot, to the location of water use. If a Lot owner decides not to locate the water line serving the owner's Lot in the Easement, this Agreement shall not apply to that Lot. Any Lot owner may construct a water line in the Easement at any time. If a Lot owner constructs a water line and a portion of that water line is later used to serve another Lot, the Lot owner constructing the water line shall be entitled to recover a pro -rata share of the engineering, materials, and construction costs (the "Construction Costs"). A pro -rata share shall be determined by (i) calculating the length of the water line to be used by the connecting lot divided by the length of the water line constructed (to the next Lot boundary line); (ii) multiplying that figure by the construction costs for the entire length of the line; and (iii) adding interest at the rate of five percent (5.0%) per annum from the date of completion of the water line. 3, Connection to Mineota Estates Water System. The parties agree and acknowledge that the private water line that is the subject of this Agreement shall deliver domestic water to the Lots from the Mineota Estates Subdivision water system, and that use of such water and facilities is governed by the Mineota Estates Declaration of Covenants and any other rules and regulations of the Mineota Estates Homeowners Association pertaining to the Mineota Estates water system. Nothing herein shall be construed to circumvent or modify such rules and regulations. 4. Cost of Repair, Maintenance and Improvements. From time to time the private water line and associated facilities will require repair, maintenance and improvements. For so long as Lots 17, 18, and/or 19 are sharing the private water line, the cost of any such repair, maintenance and improvements shall be allocated as follows: a. The cost of any repair, maintenance or improvement that benefits each of the Lots shall be allocated equally between the Lots; and b. The cost of any repair, maintenance or improvement that benefits any single Lot shall be allocated to that Lot only. Any portion of the Easement that is disturbed due to such repair, maintenance or improvements shall be promptly compacted and revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance was allocated. c. No Lot owner shall be responsible for costs pursuant to this Agreement until the water line has been extended onto its Lot (with the Lot owner' s consent). 5. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that the private water line requires repair, replacement or maintenance in excess of $500.00 to allow it deliver adequate water supply, then such owner shall provide the other Lot owners using the line ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled 2 to reimbursement from the remaining Lot owners for all costs and expenses incurred in doing so in accordance with paragraph 6 below and subject to paragraph 4 above. Payment shall be due within thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. 6. Payment Terms. Any payment due to any party subject to this Agreement shall be due and payable, in full, thirty (30) days from notice thereof. If payment is not received by said due date, the party or parties to whom said payment is owned may file a lien for the amount owed against the Lot owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Water Line Sharing Agreement in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 7. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owner (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 8. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever; it being the intent of the parties that the Easement is and shall continue to be private. 9. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 3 10. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the nor the terms of this Agreement shall be deemed to have merged into the title of Lots 17, 18, and 19. 11. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County or, if jurisdiction therein lies, the federal district court for Colorado. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 12. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 13. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 14. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 15. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 16. Term. This Agreement shall continue in perpetuity. 17. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 18. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the 4 express terms and provisions of this Agreement. 19. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 20. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 21. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: By: IXON W • " - ' FOUNDATION Robert Potts, resident SCOVERY FOUNDATION Davi e - inter, President y)\A THE JAN CLAYTON TRUST DTD 12/17/04 By: Jan Clayton X11 5 STATE OF . 1 6 SCM ) ss. COUNTY OF ,)EF(=VtS Subscribed and sworn to before me this 4-Oday of ejjAYl2 , 2011, by Robert Potts as President of The Dixon Water Foundation. (SEA ire— My 'SP My commissi; LANA CARTLIDGE POTTS My Commission Expires SSeptember 14, 2012 STATE OF -EMS ) ) ss. COUNTY OF LFL.UJS ) Notary ublic Subscribed and sworn to before me this a5'1day of (4 A , 2011, by David Winter as President of The Thaw . tion. e, ISABELLE A. MORO My b uery 26, 2015res (SEAL)Commission My commission expires: STATE OFcri4-1' ) ) ss. COUNTY OF-' ��G, ) 0. Gr t r - otary Public Subscribed and sworn to before me this day of J t v+y , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: (1 / i f)-0// // SOO YUNKIM COMM. #1774887 '' NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY My Comm. Expires Nov. 19, 2011 V y V V V 3 3- V V V V V V' ( Notary Public 6 GRANT AND DEDICATION OF PRIVATE ROAD AND UTILITY EASEMENT THIS GRANT AND DEDICATION OF PRIVATE ROAD AND UTILITY EASEMENT is made this 7th day of July , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843, THE DISCOVERY FOUNDATION, a Texas nonprofit corporation whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04 ("JCT"), whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"). The Owners, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have quit claimed and dedicated a private road and utility easement, to their successors and assigns forever: An easement for utilities and for a private road fifty feet (50') in width, as shown on Exhibit A attached hereto and incorporated herein by this reference. This Grant and Dedication of Private Road and Utility Easement is subject to the terms and conditions of that Road Sharing Agreement between the Owners dated July 7 2011 and recorded as Reception No. in the Garfield County, Colorado Clerk and Recorder's Office and that Water Line Sharing and Easement Agreement dated July 7 , 2011 and recorded as Reception No. in the Garfield County, Colorado Clerk and Recorder's Office. IN WITNESS WHEREOF, the parties hereto have caused this Grant and Dedication of Private Road Easement to be executed as of the date first above written. By: THE DIXON W ER FOUNDATION THE DISCOVERY FOUNDATION Robert Pott , President By: THE JAN CLAYTON TRUST DTD 12/17/04 By: 'e.,�u-( Jan Clayton inter, President Karp.Neu_Ha^rATTllonT µ 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 STATE OF 1-x, -s ) ) ss. COUNTY °r._1 =F U) Subscribed and sworn to before me this co.O day of J tAA-2. , 2011, by Robert Potts as President of The Dixon Water Foundation (SE UB. LANA CARTLIDGE POTTS ommission Expires My commis, -. °tiptember 14, 2012 /FOE STATE OF /E)(4 COUNTY OF A L -LM ) ss. No`tar4 Public Subscribed and sworn to before me this a5 qday of 1)/44,-/ , 2011, by David Winter as President of The Discovery Foundation. (SEAL) My commission e ISABELLE A. MORO My Commission Expires February 26, 2015 >1/u---u---- otary Public STATE OFC ht:iv ) ) ss. COUNTY OF Sa'f^',-) Subscribed and sworn to before me this f� day of Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: 1 (lot 6-0 1) 0 1— ... — vvv SOO YUN KIM COMM. #1774887 —1 NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY My Comm. Expires Nov. 19, 2011 vvvvvv l , 2011, by Jan Notary Public 2 WATER LINE SHARING AND EASEMENT AGREEMENT THIS WATER LINE SHARING AGREEMENT ("the "Agreement") is made this day of , 2011 among THE DIXON WATER FOUNDATION, a Texas nonprofit corporation whose address is 1001 N. Austin Street, P.O. Box 177, Marfa, TX 79843 ("Dixon Water"), THE DISCOVERY FOUNDATION, a Texas nonprofit corporation ("Discovery Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, and THE JAN CLAYTON TRUST DTD 12/17/04, a ("JCT") whose address is 25960 Quail Lane, Los Altos Hills, CA 94022 (collectively, "Owners"). WITNESSETH: WHEREAS, Owners are owners as tenants in common of certain real property located in unincorporated Garfield County, Colorado known as Lots 17, 18, and 19, Mineota Estates Subdivision, Filing 1 (the "Lots"), according to the Amended Plat thereof dated and recorded as Reception No. in the Office of the Garfield County Clerk and Recorder (the "Amended Plat"); and WHEREAS, the Amended Plat contains a plat note that any water line which may be constructed from Senaca Drive to the Lots shall be a private water line whose construction and maintenance shall be the exclusive obligation of the owners of the Lots; and WHEREAS, it is the intent of the undersigned to memorialize certain rights appurtenant to the properties concerning the location, construction, use, maintenance, repair and/or improvement of the private water line; and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: 1. Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Dedication of Easement. The Amended Plat dedicates a utility easement fifty feet (50') in width, crossing Lot 17 for the use and benefit of Lots 18 and 19, and crossing Lot 18 for the use and benefit of Lot 19 (the "Easement"). The provisions of the Amended Plat related to the Easement are incorporated herein. The nonexclusive, perpetual Easement runs upon, over, across, and beneath the Lots for the purpose of permitting the use, maintenance, repair, replacement, or improvement of the private water line and associated physical improvements as authorized by this Agreement may also accommodate additional utilities as necessary to serve the Lots. Owners acknowledge that the private water line to serve the Lots is not yet constructed. 2, Construction of Private Water Line. Each Lot owner may determine whether to construct its water line in the Easement or whether to directly run the water line from the water main in Seneca Drive across that Lot owner's own Lot, to the location of water use. If a Lot owner decides not to locate the water line serving the owner's Lot in the Easement, this Agreement shall not apply to that Lot. Any Lot owner may construct a water line in the Easement at any time. If a Lot owner constructs a water line and a portion of that water line is later used to serve another Lot, the Lot owner constructing the water line shall be entitled to recover a pro -rata share of the engineering, materials, and construction costs (the "Construction Costs"). A pro -rata share shall be determined by (i) calculating the length of the water line to be used by the connecting lot divided by the length of the water line constructed (to the next Lot boundary line); (ii) multiplying that figure by the construction costs for the entire length of the line; and (iii) adding interest at the rate of five percent (5.0%) per annum from the date of completion of the water line. 3, Connection to Mineota Estates Water System. The parties agree and acknowledge that the private water line that is the subject of this Agreement shall deliver domestic water to the Lots from the Mineota Estates Subdivision water system, and that use of such water and facilities is governed by the Mineota Estates Declaration of Covenants and any other rules and regulations of the Mineota Estates Homeowners Association pertaining to the Mineota Estates water system. Nothing herein shall be construed to circumvent or modify such rules and regulations. 4. Cost of Repair, Maintenance and Improvements. From time to time the private water line and associated facilities will require repair, maintenance and improvements. For so long as Lots 17, 18, and/or 19 are sharing the private water line, the cost of any such repair, maintenance and improvements shall be allocated as follows: a. The cost of any repair, maintenance or improvement that benefits each of the Lots shall be allocated equally between the Lots; and b. The cost of any repair, maintenance or improvement that benefits any single Lot shall be allocated to that Lot only. Any portion of the Easement that is disturbed due to such repair, maintenance or improvements shall be promptly compacted and revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance was allocated. c. No Lot owner shall be responsible for costs pursuant to this Agreement until the water line has been extended onto its Lot (with the Lot owner's consent). 5. Authority to Perform Repairs, Maintenance and Improvements. If the owner of any Lot reasonably believes that the private water line requires repair, replacement or maintenance in excess of $500.00 to allow it deliver adequate water supply, then such owner shall provide the other Lot owners using the line ten (10) days prior written notice of such fact and the estimated cost of the necessary repairs. Any Lot owner that fails to respond to such written notice within ten (10) days shall be deemed to have consented to the work. Following such notice, the Lot owner providing such notice may have the required work performed by a professional contractor and shall be entitled to reimbursement from the remaining Lot owners for all costs and expenses incurred in doing so in accordance with paragraph 6 below and subject to paragraph 4 above. Payment shall be due within 2 thirty (30) days after delivery of the invoice; thereafter interest on the non-paying Owner's portion of the invoiced costs and expenses shall accrue at the rate of twelve percent (12%) per annum. In the event that emergency repairs or maintenance are required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to authorizing said emergency repairs or maintenance. 6. Payment Terms. Any payment due to any party subject to this Agreement shall be due and payable, in full, thirty (30) days from notice thereof. If payment is not received by said due date, the party or parties to whom said payment is owned may file a lien for the amount owed against the Lot owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Water Line Sharing Agreement in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 7. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Lots (each an "indemnifying party") agree to indemnify, defend and hold the other Lot owner (each an "indemnified party") harmless from and against all losses, claims, demands, liabilities, injuries, damages and expenses, including, without limitation, reasonable attorneys' fees and court costs, that an indemnified party may suffer or incur as a result of the use, occupancy and possession of the Easement by the indemnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 8. No Public Dedication. Nothing contained in this Agreement will be deemed to be a dedication of any portion of the Easement to the general public or for the general public or for any public purpose whatsoever; it being the intent of the parties that the Easement is and shall continue to be private. 9. Covenant Running With the Land. Each and every obligation of each owner of the Lots contained herein is made for the benefit of the other. All of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding upon the successors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not be conveyed separately from his or her Lot, and the conveyance of a Lot shall automatically convey as well such Lot owner's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any portion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new owner of any such Lot or portion thereof (including, without limitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 10. Non -Merger of Easement. Regardless of the current ownership of Lots 17, 18, and 19, neither the Easement created by the Amended Plat nor the terms of this Agreement shall be 3 deemed to have merged into the title of Lots 17, 18, and 19. 11. Remedies. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield County or, if jurisdiction therein lies, the federal district court for Colorado. The right of injunction and specific performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 12. Waiver. The failure of a party to insist upon strict performance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 13. Attorneys' Fees. In the event any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non -prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' fees on any appeal. 14. No Partnership Created. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 15. Estoppel Certificate. Each party, so long as it has an interest in the property encumbered by this Agreement, agrees within 15 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full force and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or agreements contained in this Agreement (or, if a default does exist, specifying the nature of such default). 16. Term. This Agreement shall continue in perpetuity. 17. Notices. All notices to be given hereunder shall be in writing, and may be given, served or made by depositing the same in the United States mail properly addressed, postpaid and registered or certified with return receipt requested or by delivering the same in person to the said authorized representative of such party. Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and after the third day next following the date post -marked on the envelope containing such notice, or when actually received, whichever is earlier. 18. Headings. The headings of the various Paragraphs of this Agreement have been inserted for reference only and shall not have the effect of modifying, amending or changing the express terms and provisions of this Agreement. 4 19. Severability. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof, is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the application of such provision in any other circumstances shall not be affected thereby. 20. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any such owner, and no party has entered into this Agreement in reliance upon any such representations or warranties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 21. Governing Law. It is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garfield County, Colorado. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. By: By: By: THE DIXON WATER FOUNDATION Robert Potts, President THE DISCOVERY FOUNDATION David Winter, President THE JAN CLAYTON TRUST DTD 12/17/04 Jan Clayton 5 STATE OF COUNTY OF Subscribed and sworn to before me this day of , 2011, by Robert Potts as President of The Dixon Water Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by David Winter as President of The Discovery Foundation. (SEAL) My commission expires: STATE OF COUNTY OF Notary Public Subscribed and sworn to before me this day of , 2011, by Jan Clayton as Trustee of the Jan Clayton Trust Dated 12/17/04 (SEAL) My commission expires: Notary Public 6 ATTACHMENT 1 778376 11/25/2009 03:05:40 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded No documentary fee required pursuant to CRS 39-13-102(2)(a) BARGAIN AND\SALE DEED IV THIS DEED dated this /1. day of ,-1 , 2009, between DF HOLDINGS, INC., a Texas non-profit corporation, whose address is 6060 N. Central Expressway, Suite 305, Dallas, TX 75206 (hereinafter "Grantor"), and THE DIXON WATER FOUNDATION, a Texas non-profit corporation, as to an undivided seventy five percent (75%) interest, whose address is 6060 N. Central Expressway, Suite 305, Dallas, TX 75206, and THE DISCOVERY FOUNDATION, a Texas non-profit corporation, as to an undivided twenty five percent (25%) interest, whose address is 6060 N. Central Expressway, Suite 305, Dallas, TX 75206, as tenants in common, (hereinafter "Grantees"). WITNESS, that the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to Grantees' heirs and assign forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described as follows: All of Grantor's interest in the W1/2 NW 1 /4, SE 1 /4 NW 1 /4 and the S W 1/4 NE1 /4 of Section 23, Township 6 South, Range 92 West of the 6th P.M. also known as assessor's parcel number 2179-232-00-260. TOGETHER with all its appurtenances thereto, including all water rights, in any. HOLDING INC., STATE OF TEXAS ) ss. COUNTY OF DALLAS By: as non-pofit)corporation ft Robert Po, President The foregoing instrument was acknowledged before me this( da of QUO VD, , 2009, by Robert Potts as President of D. F. Holdings, Inq.: o4... < ISABELLE A MORO r NOTARY PUBLIC WITNESS my hand and official seal. �� ` State o1 Texas ti'?r !''. Comm. Exp. 02-26-2011 My commission cxpires: I:\Client,\Dlxon Water Foundation\Documcnts\Bargaln and Sale . 160 acres.wpd 1 Notary Public LEAVENWORTH & KARP 201 14" Street, Suite 200 P.O. Box 2030 ---- O_..:-..-.. /'•!1 Q1in'1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name JAN E. CLAYTON Address 25960 Quail Lane City Los Altos Hills State California 94022 1111111 I11111111111 1111 1111 IIIIII 111111 111 11111 1111 111! 667691 01/27/2005 12:44P B1658 P616 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED Grant Deed: The undersigned grantor declares that the following is true and correct: THERE IS NO CONSIDERATION FOR THIS TRANSFER. There is no Documentary transfer tax due. This is a Trust Transfer of Grantor's interest into his or her revocable trust. GRANTOR: JAN E. CLAYTON, successor trustee of the Richard L. Clayton Revocable 1998 Trust dated September 18, 1988, hereby grants to JAN E. CLAYTON, trustee of the JAN CLAYTON TRUST DATED December 17, 2004, the following described real property in the County of Garfield, State of Colorado: The W1/2MW1/4, SE1/4NW 1/4, and the SW1/4NE1/4 of Section 23, T. 6S., R. 92W of the 6th P.M. Assessor Parcel Number: 217923200260 Dated: December 17, 2004 State of California County of Santa Clara G .rotor: JAN E. CLAYTON On December 17, 2004, before me, Gerald W. Cummings, the Notary Public, personally appeared JAN E. CLAYTON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of w actexecuted the instrument. WITNESS my han Mail future tax statements to JAN E. CLAYTON, 25960 Quail Lane, Los Altos Hills, California 94022 ATTACHMENT 2 The Dixon Water Foundation 1001 N. Austin Street PO Box 177 Marfa, TX 79843 February 3, 2011 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Mineota Ridge Estates, Filing 1 Lots 17, 18 and 19 — Final Plat Amendment Dear Ms. Orkild-Larson: The purpose of this letter to put the County on notice that Karp Neu Hanlon, P.C. is hereby authorized to act as agent for The Dixon Water Foundation in connection with the application to amend the final plat. By: THE DIXON WATER FOUNDATION Robert Potts, iresident The Discovery Foundation 6060 North Central Expressway, 305 Dallas, TX 75206 February 3, 2011 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Mineota Ridge Estates, Filing 1 Lots 17, 18 and 19 — Final Plat Amendment Dear Ms. Orkild-Larson: The purpose of this letter to put the County on notice that Karp Neu Hanlon, P.C. is hereby authorized to act as agent for The Discovery Foundation in connection with the application to amend the final plat. By: THE DISCOVERY FOUNDATION Dr. David Winter, President The Jan Clayton Trust DTD 12/17/04 25960 Quail Lane Los Altos, CA 94022 February 3, 2011 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Depaitinent 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Mineota Ridge Estates, Filing 1 Lots 17, 18 and 19 — Final Plat Amendment Dear Ms. Orkild-Larson: The purpose of this letter to put the County on notice that Karp Neu Hanlon, P.C. is hereby authorized to act as agent for The Jan Clayton Trust DTD 12/17/04 in connection with the application to amend the final plat. THE JAN CLAYTON TRUST DTD 12/17/04 By:,t1 `tom Jan Elise Clayton, Trustee �1 � ATTACHMENT 3 STATEMENT OF AUTHORITY 1) This Statement of Authority relates to an entity named The Dixon Water Foundation and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2) The type of entity is: A non-profit corporation. 3) The mailing address for the entity is: P. O. Box 177, Marfa, TX 79843. 4) The entity is formed under the laws of Texas. 5) The name of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Robert Potts, President. 6) The authority of the foregoing person(s) to bind the entity is not limited 0 r x_ limited as follows: To execute and submit a Subdivision Application to the Garfield County Colorado Building & Planning Department for a Final Plat Amendment. 7) Other matters concerning the manner in which the entity deals with interests in real property: By DIXON WATER FOUNDATION Robert Pott resident STATE OF TEXAS ) f )ss. COUNTY OF Pf'eS r` l`D ) Acknowledged before me this day of rebate/0 , 201 1, by Robert Potts as President of The Dixon Water Foundation. WITNESS my hand and official seal. My Commission expires: 9 - / c? -0/ a. . [SEAL] LANA CARTL!DGE POTTS My Commission Expires September 14, 2012 STATEMENT OF AUTHORITY 1) This Statement of Authority relates to an entity named The Discovery Foundation and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2) The type of entity is: A non-profit corporation. 3) The mailing address for the entity is: 6060 North Central Expressway, Suite 305, Dallas, TX 75206. 4) The entity is formed under the laws of Texas. 5) The name of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: David Winter, President. 6) The authority of the foregoing person(s) to bind the entity is not limited or x limited as follows: To execute and submit a Subdivision Application to the Garfield County Colorado Building & Planning Department for a Final Plat Amendment. 7) Other matters concerning the manner in which the entity deals with interests in real property: THE DISCOVERY FOUNDATION STATE OF TEXAS COUNTY OF &441-4s ) ss. By David Winter, President Acknowledged before me this `% day of fEb.UARCf , 2011, by David Winter as President of The Discovery Foundation. WITNESS my hand and official seal. My Commission expires: [SEAL] 6eXJ/Cf_la Notary Public STATEMENT OF AUTHORITY 1) This Statement of Authority relates to an entity named The Jan Clayton Trust DTD 12/17/04 and is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172 C.R.S. 2) The type of entity is: Trust. 3) The mailing address for the entity is: 25960 Quail Lane, Los Altos Hills, CA 94022. 4) The name of the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Jan Clayton, Trustee. 5) The authority of the foregoing person(s) to bind the entity is not limited or _x limited as follows: To execute and submit a Subdivision Application to the Garfield County Colorado Building & Planning Department for a Final Plat Amendment. 6) Other matters concerning the manner in which the entity deals with interests in real property: THE JAN CLAYTON TRUST DTD 12/17/04 By[ern fan Clayton, Trustee 4sAr//4 STATE OF TEXAS ) ) ss. COUNTY OF Sig} °`'7 %y4 Acknowledged before me this 844 day of /��ivo y , 2011, by Jan Clayton as Trustee of The Jan Clayton Trust DTD 12/17/04. WITNESS my hand and official seal. My Commission expires: c/20 /¢ [SEAL] z z FNU GHALEIB 1 COMM. #1879755 z Notary Public - California o Alameda County My Comm. Expires Feb. 8, 2014 I Notary Public ATTACHMENT 4 ATTACHMENT 5 Joan P. Epperly Kenneth Lyle Young P. O. Box 864 Silt, CO 81652-0864 2179-233-00-201 J' William V. Smith Eunice M. Smith 260 Lazy S. Reverse S Drive New Castle, CO 81647-9684 2179-233-00-202 '1 Joshua D. Wilson Lynn M. Jasutis-Wilson 2525 Six Lazy K Road Silt, CO 81652 2179-234-00-647 Stuart Alan Greenberg, Trustee of the P. O. Box 1101 Glen Ellen, CA 95442 2179-234-00-215 Paul J. Boyles Cory A. Boyles 738 Seneca Drive Box 8 Silt, CO 81652 2179-231-00-001 John E. Irgens 1185 Seneca Drive Silt, CO 81652-9307 2179-143-00-013 ✓Paula S. Kieffer Jeff Caldwell 280 Mohawk Drive Silt, CO 81652 2179-143-00-014 Ann L. Hathaway 9909 Wood Astor Court Burke, VA 22015-2918 2179-144-00-015 Keith H. Moyes 0234 Seneca Road Silt, CO 81652 2179-144-00-008 Renee Holland Bill Holland 348 Shoshone Drive Silt, CO 81652 2179-143-00-012 ✓' Ralph R. Tharp Laveta E. Tharp P. O. Box 242 New Castle, CO 81647-0242 2179-231-00-220 u Wade Tibbets Dixie Tibbets P. O. Box 260 New Castle, CO 81647 2179-231-00-580 Antonio Pichardo Santoyo Maria Santoyo 0489 Harmony Way Silt, CO 81652 2179-221-01-020 Leonard W. Hendricks Kathleen Sue Olson 148 Venado Road Silt, CO 81652-9403 2179-221-01-032 v Rebecca Perlson P. O. Box 174 Silt, CO 81652 2179-224-01-031 Cheryl A. Harrison 0188 Shoshone Silt, CO 81652 2179-154-02-020 Bill Barrett Corporation K EK Andres & Company 1900 Dalrock Road Rowlett, TX 75088 2179-231-00-316 One-half Minerals reserved to United States of America One-half Minerals owned by Applicant ATTACHMENT 6 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, The Dixon Water Foundation is an entity formed or registered under the law of Texas has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20101632755. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/01/2011 that have been posted, and by documents delivered to this office electronically through 02/03/2011 @ 16:00:29. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 02/03/2011 @ 16:00:29 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7857573. Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site Lip: www.sos,state.co.us/beCertificateSearchCriteriado entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance .fa certificate. For more information, visit our Web site, http://www.sos.statc.co.us/click Business Center and select "Frequently Asked Questions." CERT GS F Revised 08/20/2008 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, The Discovery Foundation is an entity formed or registered under the law of Texas has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20101632750. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/01/2011 that have been posted, and by documents delivered to this office electronically through 02/03/2011 @ 15:59:27. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 02/03/2011 @ 15:59:27 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7857569. Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However. as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, http•wu. sos.stoic.co.us/bl-:/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click Business Center and select "Frequently Asked Questions." CERT GS_F Revised 08/20/2008