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Home My WebLink About1.0 ApplicationS CO TT Post Offi As a>err ,a(3o3) [rIR. ITER. ce Elo:< 97(j 5 Co-l-rcrado L6L2 920-4477 lt'N', May 2, 1991 Board of Garfield Garfield County, P. O. Box 640 Glenwood SprioBS, County Commissioners Colorado Colorado 81602 To Whom It May Concernl The attached information is submitted for your review regarding proposed plat amendments for the Pinyon Peaks Subdivision ( recorded October 3, 1989 as Reception Number 406052 fn Garfield County C1erk, Colorado ) ." specified in paragraph 6: 10, AMENDED AND CORRECTED PLATS, in the Subdivision Regulations of Garfield County, adopted ApriL 23, 1984. There are a few amendments to this plaE which I hope you will find acceptable, they are: A) Mail and Trash Easement and B) Augmentation Reservoir i The owners of lot 1B needed to se11 their home because of a divorce. The prospective owners had some concerns regarding the existence of two easements on the ProPerty the first being an easement not on the Plat , but shown as area rr 1ir on Exhibit A and as recorded October 18, 1990 Reception No. 4L7990 Book 791 Page 42 (attached as Exhibit B). This easement was created for a trash and mailbox area ("1") which I plan on developing this summer. The prospective buyers concerns about these areas primarj-1y centered around quality of construction, [Bintenance of the facility and indemnification from liability on both easements. Their attorney approached me with a proposal ( "Agreement " ) , attached as Exhibit C. The net effecr on the subdivision is that the area described for the easement will be deeded by the owners of 1ot 1B to t,he Association and ic will become part of the common area by expanding the road right of way to include this mail and trash area and thereby decreasing the size of lot 18. The second area of concern being the "Augmentation Reservoir Easement" as recorded on the First Amendment of the Einal Plat recorded October 3, L9B9 as Recept-ion No . 406052 in Garfield County, Colorado shown on the attached map (nxnibit A) as areatrZtt (I only mention this as you will see reference to this in the attached "Agreement"- Exhibit C). You will find the signatures of "those land owners involved" attached as Exhibit E, including Charles W. M. Restivo, Leslie C. Strawbridge (owners 1ot 18) and associated lien holders ' if any; William M. Roberts (Owner Lot 1) and associ.ated lien holders, if anyi and Russell Scott Writer as President of both Carbondale Land Development Corporation (owner Lots 2 and Lot 7) and Pinyon Peaks Homeowners Association. C) New Lot Size fsr Lot lBi As the land for the mail and trash area will be deeded from land currenLly owned by lot 18 the acreage for lot 1B ( area 3 on Exhibit A) will have to be recalculated and recorded on the new amended plat, if approved. D) Vacation of 20 Foot Utilitv Easement On Lot 2i When I originally planned Pinyon Peaks there was a chance that the power for lot I would come from the Sage Swale cul de sac. Originally I created this 20 foot utility easement (area 4 on Exhibit e) to eive me greater flexibility as the developer. It has since been determined that power would be much more the adjacent . Having the 2 unnecessary. Lot 1 is to dri11 it's own well under the augmentation plan which covers all of the Pinyon Peaks Subdivision water rights. The augmentation plan identifies specific well locations and the closest. well location for lot 1 was that well identified on lot 2 as CLDC Well #8. The process to change well locations is rather lengthy and could not be complet.ed before final plat approval. Therefore, the water line easement (area 5 on Exhibit A) was put in to gain that FinaI Plat approval from the County Commissioners. The "change of point of diversion" is now complete, attached as Exhibit D, and the well location is now on lot 1 so there is no longer a need for the well and water line easement and the costly pipeline that the old well location would have required. You will find the signatures of "those land owners involved" attached as Bxhibit E, including Carbondale Land Development Corporation (owner 1oL 2), Wiltiam Roberts (owner lot 1) and associated lien holders, if any. F) Locarion of CLDC Well #6 and G) CLDC }Iell liB: economically, and appropriately, tapped into v power lines on the eastern boundary of lot result of making Ehe utility easement on 1ot E ) Vacation of Water Line Easement On Lqt 2'. While changing the point of diversion moved CLDC Well {t6 to the point on 1ot house Easement " see attached map Exhibi t for thi s move was to put the deeded existing approved test we1l. ia 1 for CLDC we I I #B we 7 showing Lhe "Pump A item 6. The reason we 1 I locat ion on an Also, the new well location for CLDC Well #8 (area 7 Exhibit A) must be on the new amended p1at, if approved. on :::'no.,4gffi The foregoing inscrument day of () .t. l^ - , nr cL ocx P.i!. -0GI I8 i$ur -DRED ALSDOFPi..COUNTY CL: -'r FI ELD C 0UNTYT C0L3i ADC t' BASBUBNT )) ss ) was acknowl edged 1990 by Kurt A. D00li '79 t ,1gg EXH/6 /T a before me rhis /2 Whitney and KellY Jo 4? B A 4') FOR VATUABLB CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Kurt A. Whitney and Kelly Jo WhitoeY, has and does hereby grant, bargain, se11 quit claim and convey Eo the PINYON PEAKS HOMEOWNERS ASSOCIATION ( PPHA) , a Colorado Corporation Not For Profit, an easement for the exclusive benefit of the lot owners of the Pinyon Peaks Subdivision in Garfield County, Colorado, that certain parcel of land described in exhibit A attached hereto, for the purPose of Providing an area for Ehe establishment of trash recepEacles and U.S. Mail boxes for the Pinyon Peaks Subdivision and, if deemed aPProPriate by Ehe PPHA, the Cattle Creek Subdivision. Said Erash receptacles sha1l be entirely encl,csed, includin6 a roof .rnd dcors with adeguate latches to prevent wildlife from gaining access to the facility, in an all wooden structure built to embody the quality of the Pinyon Peaks Subdivision. The structure sha11 be stained, or painted, a color harmonious with the natural surroundings and hidden from view as much as is reasonably possible. The PPHA shall be responsible for keeping this area clean and orderly at all times. Dated i August 1, 199O Kur t Whiq_gey: l4,tfIbne v .,' \"t tn 2s.',__hL_r-, ,,),/-.L , NotarY t'.trt" STATE qP COLORADO commission expires: trly Commision uptm luly 2l' l99t[ \dv etr1 (l1\ti dress Elaa i r-'i ^^ 6 +,g:r4.rrr4^1:, u! !vr ^rsr rl-ranaa a l an^l^ruaf9g qJ9lr:ll uuu! sgJ. = nain{- ^n +}ra a:olq Fvrrr\ rrls gqJ! d-irl Tai 1Q lr66na eJqlg !9! 19 sEdlJ J +ha l-rnrrn.l=rtr ai -= {.1uvullss! Y vr rq4s J rrag n'1_trtr_,,rn r.lvJ v9 =V .1 , Ta* 1Q lhaLrrL Bitol( '791_ ,rtt 43 ' rrand Avenue. Suite 2-E '- wood Sprrngs, Colorado 81601 {303) 945-1004 {303) 925€501 Fax (303) 945-5948 the 1A\ f scnuuesea co, 1 990 tvlEYER lNC., .:ffi Marah 1 ar'lq! vrr a -rro .l e o ntr9eJO COIVSUT IING EIVG'NEEfIS & SURYEYOsS / BXEIBIT A Faoorani. +^t flgaa}l Daaan#an 1aa an.f Ma i l L.avaalqrurrrL^r L ! va - r q-rr r!=Ugy \gU rg- qilu r-iqr r vUA=- A parcel cf land for an easetnent fcr trash receotacLes anC aai'Ilaa.taa ''laaalarl ia fa# 'lCl ^+ +l^a Dinrran Da-l-- C!il^i.i!'i^i^hlr.s4rvvi:ur reeqLEq !v \ +V V- Liig l -rrYV^l t gqi\J eiiUU-LV*J*Urr q- record.eC r.n the CLerk anC P.eccrder's Cf f :ce of Garf :.elC County, /-a'la*aAa 'iE :ha D''l =f an#i+'1 arl tlEiira.t- Aman.l-^-+ +^ +l-,a !t:na lquv, rll srlE A f ss e-lLr !rvg q- r r! 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Qe An caaf = l^-^ +l-ra ^+ r^s q4v.r:, v! q Vsr vg (V raJi"o at 1(1 r\A faa+ +*-1 --^'l^e rusg, q es.t(4u4 q..9as crrlr*66.lina a nharri L.aarina e n?-1 A-l.ae..v! q veq^ 4.r:, vL llr an aaS^rg.rvg, I r\I 4aa# !Uranna = l^-^ +la6q r v.rY ,1 0( ;66+ = al-,^-.t I-.q v.1vr q u aaa ^O saat a I nr- +l.ra ^FLeL.e J -sgL ulv^rv !ri= qrU U! d vUi /E !U -aziirra a€ trntr 4'l €aaf #s- i -q^la c.rt-.l-anriiqa a nl.rasrl Lraayina nI Q1 -a O-Ra r^7r*v !u.fsira:, q u.lvr g vgq- 4rrY| ii t L- L--JA if r #!r an aa\argtl9s, ,i^1^+ l.arrina -+v.rs, -^qv4rrv q 11-Aa-1C -6zlaL vV, q..g tr, A €aa+ ,. v: rgg !, a a,{ _A1_ A a r^l! e= v r =e ^^h+ rl ah9Vrr!sarrJ v. vv aq'r.n faai la +Ha ^a.i^+ af \aaihhih^ aairl ^--^a1 --raa h^r6 I aaefEJ9. EXH/6 rT L AGREEIVIENT TO MODIFY EASEI'IEI{TS This Aqreement r-s rnaCe and enterecl into , 1997, hry and ]:etvleen Charles I.I. M. C. -Str;ffi?idge (the "Ovrners"), .1rcL the Pinl,on Association, Inc. (the "Associati-on" ) . ii. Rer,,ier,t of Plans . Prior scruccion or- tryeservoir, afford the Owners an opportun:ty to revievr RECITALS 1. Lot 18, Pin1,6n Peaks Subdivision, 'i s subject to Lwo easements in favor of the Association, one for the construction of an augrnentation reservoir reserved for the benefit of the Associ-ation in the Declarations and Proteetive Covenants recorded in Book 761, at Page 35 of the records of Garfield County, Colorado ("Reservoir Easement"); and one for the constmction and location of trash receptacles and mai lboxes, as i:iore partictilarllz described in the easement recorded in Book 791 at Page 42 of the Garfield Countlz records ( "Trash Easenent" ) . The Owners acqu:-red title to Lot 18 on April 75, l-991. 3. The parties desire to modify the Reservoir Easement and Trash Easement by ag:reeino to eertain standards and other con- ditions upon the use of said easenents and to provicle for the ultimate e:<tinguishment of sa j-d easements upon the transf er of trtle to land subiect thereto, all as described herein. NOW, THEREFORE, for -raIuable consideration, incluoing the palznent of $10.00 b1r the owners to the Associa.tion, the receipt and suf f rciency of l^rhich is hereby acknor,zledged, t-he parties agree as follows: (a) Reserrroir Easement. i. Constructio . The augmen- tation reservoi ent) shall be designed by a qualif-;-ed professional engineer experienced in such matters. Construction sha1l be undertaken by a qual:-fied con- tractor experienced in such matters and shal-l I-:e complcted in a r'rorkmanlike and professional manner. Reasonal;Ie: landscaping or other neasures shal1 be incorporated into the reservoir design in order to minimize adverse visual impacts. The Association shall be obligated, at its expense, to restore ancl revegetate eny lancl area disturbed as a result of construction of the reservoir. If the design of the reservoir i ncludes fencing or other devices :ntended to restrict aceess to the reservoir, therz shall be compatible irith tiie design sta;iciai:cls se-u fc;rth in "he Covenants and sha11 be compatible and harmonious lvith irnprovements in- stailed on Lot 18. .) thi s day of Restirro an<i Leslie Peaks Horneowners' to authorlzing con-the Association shall- the plans and specifi- cations ror the construction and operation thereof. Such plans and specifications: shall be sufflcient to determine the exact 1o- cation, the size r ds vrel1 as the physical and operatj-ng characteristics of the augmentation reservoir. Tl're Ovrners shall be entitled to submit comments, suggiestions and recommendations regarding the design and operation of the reservo j-r r.rhich the Boarcl of Directors of the Association shall- consider in making its final decisions thereon. iii. Indemnitlz/Insurance/Acquisition. Prior to con- struction, the assbciation will indemniflr and hold the ovrners of Lot 18, and successors and assigns, harrnless from and against any and a1I liability for injury or darnage associated trith tlte construction, use and operation of the reservoir, i nclu<ling attorneys' f ees. The ilssociation vlj-l-l also ac<1uire and maintain adeguate liability 'insurance in orC.er to have a source of Payment pursuant to the foregoing indemnification. Such insurance shalI d.esignate the Owners, and successors and assi.gns, ds narnecl insurecls and shall require that said narnecl insureds be entitled to notice of suspension, revocation or cancellation of the i.nsurance. In the event said insurance shalI be cancelled, the Owners shail he entitlecl to obtain liabrlitv insurance and to deduct the cost therefrom frorn any assessments which may be due to the Association. As an alternative to the foregoing indemni- fication, anti at the sole election of the Owners, the owner of Lot 18 may convey tj-tle to the reservoir site to the Association and the Association shatl accept such tit1e, providecl that such conveyance is considered as an exernption or except5-on f rom the garf ield County subcl j-vision regulations . The term " Ieservoir site" as useci. above, means the ninimum land area reasonably require<l for the focation, operation and naintenance of. the augmentation reservoir and any e::pansion thereof required in order to preserve or pro+,ect the Association' s r-zater rights , r,rhich site rray contain l-ess Iand area than describeci in the Reservoir Easement, but j-n no case rviil rt contain nore land area than described therein. Ilpon conveyance of the reser..,oir site to the Association, the Reservoir Easernent sha11 be e>ltinguished. iv. Cons i cleration of Alternatirres . Prior to authoriz- ing any work j- of the augrnentation reser..zo:-r, the Board of Directors of the Association vril-I under- take, in good faith, to evaluate and consider reascnable alterna- tives to the ccns;truction of said reservoir t.rhich vri11 al-l-ow the u\ssociation to satisflr the requirernents of the court-approved plan for augmentaticn or the State Engineer, ]n '1 ieu of the construction of sairl reservoir. (fri Trash and Mailbox Easernent i' constructio ' con- structi on of tr rclertaken hy a qualif ied contractor and shall- be c--ompleted i p a rvorkmanlike and 1>rofessional manner. The Association shalI be obligat-ed, at its expense to restore and revegretate an)., land areas disturbed as IB /DDA _')- a result of construction. A11 structures sha11 comply' r.rith the desig:n standards set forth i n the Protective Covenants for the Pinl,on Peaks Subclivision. ii. Transfer of Title. The Associati-on sirall under- taketocIeararyfortheIocationoftrashrecep.- tacl-es and rnailboxes. Following the clearing, the area sha}l be surveyed and a iotline adjustment, reducingi the area of Lot 1B and increasing the area designated as "roadlvay" on the final p1at, sha1l be requested frorn Garfield County. Upon approval of the adjustment, the area described by the survey shall be conveyed by Quit Claim Deed to the Association and the exist-ing easement shal-l- be terminated. The cost of surveying and processingr a l-otline adjustment sha11 be shared equally by the Or,vners and the Association, provided that the Association share shall- not exceecl $200.00. (c) Binding Effect. This Ag'reement shall be binciing upon and i-nure to the benefit of the parties hereto and their respective successors, hei:s and assigns. Charles W. i.,1. Restivo l,eS1ie-'C.Straivbric1ge PII{YON PEAKS ASSOCIATIOI.], i]O}IEOI^INERS I INC. Ry: ffi LB /DD4 -.3 - E*ft//s /T D LEAYETI1VORTH & LOCHHEAD. P.C. ATTORNEYS AT I."A,W May 1, 1990 LOYAL E LEAVENWORTH JAMES S. LOCHHEAD SHEFRY A. CALOIA Mr. Scott Wrlter P. O. Box 9705 Aspen, CO 81612 Dear Scott: Enclosed is the i{ater Judge signed change in point of With the issuan If you have any que LEL:e1g Enclosure 1O1I GRANOAVENUE P.O. ORAWER 2030 GLENWOOD SPRINGS. COLORADO 81 602 TELEPHONE: (303) 945'2261 FAX: (303) 945-7336 renced matter. The ee which awarded a s. 5 and 8. atter is concluded. let me know. y yours, LOCHHEAD, P.C. r,eavenworth Re: case No. 89cw2zl 8; cLDC well- Nos .5andA fe: er No m .se ,UI Decree in the above-re the RuIing of the Ref diversion for CLDC WelI ,ce of this Decree, this stions or concerns, plea Very tr LEAVENWORTH ,l -t' I1/ L.lv,ILorzail r..\ ( -l I I I DISTR.ICT C0UP.T, WATER DIVISI0N N0. 5, C0L0RAD0 Appl ication lio. 89C1.1248 RULING OF REFEP.EE IN THE MATTER OF THE APPLICATIOI.I FOR I,IATER DEVELOPI.IENT COI.IPAI.IY, I}I THE ROARiIIG FORK RIVER, I}IVOLYED: CATTLE CREEK, III GARFIELD COUNTY RIGHTS OF CARBONDALE LAIID OR ITS TRIBUTARIES, TRIBUTARY The above entitled Application r{as filed on Novernber 30, .l989, and vrasreferred to the undersigned as l{ater Referee for !,later Division }lo. 5, Stateof Co'lorado, by the llater Judge of said Court on the 4th day of Decmber,.I989, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The l.later Right Deterrnination and Ad:rinistration Act of '1959. AnC the undersigned Referee havi ng nade such j nvesti gati ons as are necessary to determine r'lhether or not the statements'in the App'lication are true and having becor:e fu11y advised vrith respect to the subject natter of the Appl ication does hereby make the fo1 iovring detenriltation and Rul ing as the P.ef eree i n thi s matter, to wi t: 1. The statements in the Applicatfon are true. 2. The names of the structures'involved are CLDC l,lel I llo. 6 and CLCD lJel I lJo. B. 3. The name and address of the Cl aimant: Pi nyon Peaks Homeovlners Association, Inc., a Colorado l.lon-Profit Corporation; P.ussell Scott llriter, President; P. 0. Box 9705; Aspen, C0 Bl612. 4. The soltrce of the water for each of the st,ructures i s a rvel I having an estinated depth of 350 feet, and being tributary to Cattle Creek, iributaryto the Roaring Fork River. 5. a) The decreed location of CLDC Lle'l'l l,lo. 6 'is located in t-he Nl{]/4llE'l/4 of Sec. .I4, T. 7 S. , R. 88 l,l. of the 6th P.t,t. at a point whichbears S. 87o53'37" E. a distance of 4200 feet fron the Nl,l Corner of said Sec..l4. b) The new location of CLCII l/eil ltc. 6Sec. 14, T. 7 S., R. 88 I,l. of the 6th P.ll. at a said Sec. l4 bears N.67"39'04'!.l.38'14.65 feet. c) The decreed location of CLDC Hell Sl,{I/4NEl/4 of Sec. 14, T. 7 S., R.88 t.I. of bears S. 48"59'02" l,l. a distance of 3540 feet from.l4. i s j n the Sl{1 /4NE'l /4 of point whence the Nl,l Corner of rtu. u l) TULaLl:U rrr LllE the 6th P.M.. at a point vrhich the tlE Corner of said Sec. d) The new locatlon of CLDC !,lell l"Io. 8 is in the Nt'lI/4SE'l /4 of Sec. .l4, T. 7 S., R. BB 1.1. of the 6th P.l{. at a point whence the N}{ Corner of said Sec. l4 bears ll. 53"39'37" 1,1. 47.l.l.09 feet. (I I-1 990 ) Carbondale 89CH248 Ruling of Referee Page 2 6. 0n August 29, 1980, in Case No. 79CW96, the Water Referee for WaterDivision lJo. 5 iwarded io each of CLDC |.lell llo. 2 through CLDC HeIl tilo. 14, aconditional water right fof 0.044 cubic foot of wat6r per second of time, tobe used for domestic, irrigation, piscatorial, and 'fish and wilaiifepropagation purposes, with appropriation date of Aprii 24', 1979, for eachwell. The Clairnant was directed to file an application for quadrennia'lfinding of reasonable diligence. in the developrnent'of these conditiona'l waterrights in August of 1984 to rnaintain said conditional water rights in iuifforce and effect. This Ruling cf Referee was confirmed and made a Decree ofthe Court on 0ctober 15,.I980. Durjng the intervening years, at timely intervals as required by statute,the Cl aimant has shovrn to the Court that reasonable r1i'ligencl has beenexercised in the development of these conditional vrater rights, Ind the Courthas rul ed i n Case l,lumbers 84C1.1259 and SBCl.l282 that sai d rvater ri ghts becontinued in full force and effect. 7. CLDCllel'l llo.6andCLDCllel'l lilo. 8 were incluCeC in a plan forAugnentation in Case ilo. 79ctt97. The new locations of said wel I s, dSdescribed in paragraphs 5b and 5d above, are within the boundarles of the landas described in said Plan for Augr,rentation. 8. 0n llovernber 30, .]989, the Applicant fileC in llater Court for t.later0ivision llo. 5 an Application for Change of Hater Right in rrhich it isrequested that the points of diversion of CLDC hlell lJunrbers 6 and B be changedfrorn the locations as describgd in paraglaphs 5a and 5c, respeqtively to ier.rlocations as described in paragraphs 5b and-5d, respectively. 1n support of this request Applicant states that said wells will remain t'ncl udec i n and subject to the Pl an for Augr,rentation as fu1 1y descri bed andprevi ousi y approved i n Case Uo. 79C1.197 . - The Change of lJater Right requested will not jnjuriously affect the ownerof or persons entitled to use water under a vested watlr right or a decreedconditional water right, and the change of water right should be approved in accordance with C.R.S. .]973, S37-92-3C5(3). The lleferee does therefore conc'lude that the above entitled applicatfon should be granted and the points of diversion of the CLDC llell ilumbers 6 and 8should be changed frorn the points of diversion as decreed and as Cescribed inparagraohs 5(a) and 5(c) above, to the nevr locations as described jn paragraphs 5(b) and 5(d) above. It is accordingly 0RDEP.ED that this Clerk, subj,eit to Judicial,.review.. . ,.i c {- lr !. - ! j Ru1ing shalI be filed with the tlater t (rr-1990) Carbondal e Rul i ng of Page 3 89C1,.1248 Referee It i s further ORDERED that a coPY appropriate Division Engineer and the Dated l4o&', / // o is confirmed and approved, provided however, that subject to reconsideration vested rights of others years succeeding the Year Dated /'./':' i ../.. l .- -./)a-/AfutL'v ' of this Rul ing shal'l State Engineer. BY THE be fi led wi th the the approvai of thfs change of water right by the Hater Judge on the question of injury during any hearing commencing in the two in which this decision is rendered. t>.1 ).4 Hater Division No. 5 State of Colorado in this matter, and accordingly the foregoing Ruling and is made the Judgment and Decree of this court; shal I be to the cai endar CoPY ot the mailed to all Counsel of Releree,zDiv. State State Oro{riy EXHIBIT E f, Charles W. M. Restivo and Leslie C. Strawbridge, as the recorded owners of Lot 1B of the Pinyon Peaks Subdivision, have reviewed the attached letter dated May 2,1991- and the related Exhibits and do hereby consent to the proposed changes to the First Amendment to the Pinyon peaks Subdivision recorded with the Garfield County Clerk of Colorado as Reception Number 406052 and recorded October 3, 1989. A11 lien holders, if atry, on Lot 18 signatures are also included and notarized on this instrument. Charles W. M. Restivo The foregoing instrument Leslie C. Strawbridge was acknowledged before me this . M. Restivo andday of Leslie ,1991 by Charles W C. Strawbridge. Addres s I Notary Public My Commission Expires: LIEN HOLDERS:Institut ron/ address: The foregoing instrument was acknowledged before me this day of , 1991 by Notary Public My Commission Expires I Address I BXHIBIT E (con't\ I, William M. Roberts, as the recorded owner of Lot 1 in the Pinyon Peaks Subdivision have reviewed the attached letter dated May 2, 1991 and the related Exhibits and do hereby consent to the proposed changes to the First Amendment to the Pinyon peaks Subdivision recorded with the Garfield County Clerk of Colorado as Reception Number 406052 and recorded October 3 , l9B9 . A1 I I ien holders , if ony, on Lot 1 signaturea are also included and notarized on this instrument. William M Roberts The day foregoing instrument was of a cknow I ed ged , 1991 by Wil before me this liam M. Roberts Address I Notary Public My Commission Expires ! LIEN HOLDERS: The day Ins t i tut i on/,q,ddres s foregoing instrumenL was acknowledged before me thi s of , 1991 by Notary Publ i c My Commission Expires I Address: 2 EXHIBIT E (con't) I, William M. Roberts, as the recorded owner of Lot 1 in the Pinyon Peaks Subdivision have reviewed the attached lett.er dated May 2, 1991 and the related Exhibits and do hereby consent to the proposed changes to the First Amendment to the Pinyon peaks Subdivision recorded with the Garfield County Clerk of Colorado as Reception Number 406052 and recorded October 3, 1989. A11 lien holders, if atryr on Lot 1 signatures are also included and notarized on this instrument. Wi I 1 iam M. Roberts The foregoing instrument was a cknowl edged , L991 by Witl before me this iam M, Robertsday of Address i Notary Publ i c My Commission Expires! LIEN HOLDERS: Institution/eddress The foregoing instrument was acknowledged before me this day of 1991 by Notary Publ i c My Commission Expires I Address: EXHIBIT E (con't) f, Russell Scott Writer, as President of Carbondale Land Development Corporation, owner of Lot 2 and Lot 7 in the Pinyon Peaks Subdivision have reviewed the attached letter dated May 2, 1991 and the related Exhibits and do hereby consent to the proposed changes to the First Amendment to the Pinyon peaks Subdivision recorded with the Garfield County Clerk of Colorado as Reception Number 406O52 and recorded October 3, 1989. There are no lien holders on either Lot 2 or Lot 7. Russell Scott Writer President Carbondale Land Development Corporation The foreBoing instrument was acknowledged before me this day of , 199 1 by Russell Scott Writer. Address i Notary Public My Commission Expires: