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1.05 Road & well sharing agreement, and title commitment
TIAIRIat SEATON SUBDIVISION COMBINED PRELIMINARY PLAN & FINAL PLAT APPLICATION EXHIBIT E ROAD SHARING AGREEMENT, WELL SHARING AGREEMENT, TITLE COMMITMENT ROAD SHARING AGREEMENT THIS ROAD SHARING AGREEMENT (the "Agreement") is entered into this _ day of , 2010, by and between Don L. Seaton and Nanette L. Seaton, individuals, whose address is 4151 County Road 117, Glenwood Springs, Colorado 81601. WITNESSETH: WHEREAS, Don L. Seaton and Nanette L. Seaton (the "Seatons") are the owners of the Garfield County, Colorado property referred to as Lot 1 and described on the attached Exhibit A and property referred to as Lot 2 and described on the attached Exhibit B, which is adjacent to Lot 1; WHEREAS, Lot 1 and Lot 2 (collectively the "Lots") are accessed by Red Bam Lane, a road which connects the Lots to County Road 117; WHEREAS, Red Barn Lane starts at County Road 117 and crosses Lot 2 on to Lot 1 by way of a bridge crossing Four Mile Creek; WHEREAS, a gate restricts access to Red Barn Lane on Lot 2; WHEREAS, a requirement of subdivision of Lot 1 and Lot 2 as approved by Garfield County was recordation of a Road Sharing Agreement; WHEREAS, the Seatons 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 Red Barn Lane and the access gate; 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 Red Bam Lane, 20 feet in width, crossing Lot 2 for the use and benefit of Lot 1 was depicted on and created pursuant to the final plat for the Seaton Subdivision (described as a "20' ingress, egress, emergency access, utility easement"), recorded in the public records of Garfield County at Reception No. ("Flat"). The provisions of the Plat related to the Red Barn Lane easement are incorporated herein. 3. Cost Sharing of Red Bam Lane from County Road 117 to Access Gate. The owners of Lot 1 and Lot 2 shall each pay fifty percent (50%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of Red Barn Lane laying between County Road 117 and the access gate crossing Red Barn Lane, the approximate location of which is depicted on Exhibit C. In the event that the access gate is relocated pursuant to paragraph 8, cost sharing according to this paragraph shall extend from County Road 117 to the location of the new access gate. 4. Cost Sharing of Red Barn Lane from Access Gate to Lot 1. The Owner of Lot 1 shall pay seventy-five percent (75%) and the owner of Lot 2 shall pay twenty-five percent (25%) of the costs of operation, maintenance, repair, replacement, and improvement of that portion of Red Bain Lane laying between the access gate and the bridge crossing Four Mile Creek, the location of which is depicted on Exhibit C. 5. Bridge. The owner of Lot 1 shall pay one -hundred percent (100%) of the costs of operation, maintenance, repair and replacement for the bridge crossing Four Mile Creek that is part of Red Barn Lane. 6. Access Gate, The owner of Lot 1 shall pay one -hundred percent (100%) of the costs of operation, maintenance, repair, replacement, and improvement related to the access gate, notwithstanding the provisions contained in paragraph 8 of this Agreement. 7. Use of Red Barn Lane on Lot 2. The owner of Lot 2 shall have the full right to use Red Barn Road as it is located on Lot 2 for the purpose of providing access to Lot 2. The owner of Lot 1 may not restrict access to the owner of Lot 2 to Red Barn Lane, including by way of locking the access gate or not providing the owner of Lot 2 with a means of opening the access gate. 8. Relocation of Access Gate. The owner of Lot 2, in its sole discretion and at its sole expense, shall have the unilateral right to relocate the access gate to facilitate access to Lot 2. In the event of a relocation of the access gate, the owner of Lot 2 shall provide the owner of Lot 1 with proposed construction plans for the location and form of the new access gate at least thirty (30) days before commencement of construction. The construction plans shall use like materials, design, and quality as the existing gate. The owner of Lot 1 shall have fifteen (15) clays to review and approve the construction plans, which approval shall not be unreasonably denied. 9. 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. 10. 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. 2 11. 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. 12. Non -Merger of Easement. This Agreement is entered as a requirement of subdivision imposed by Garfield County. Regardless of the current ownership of Lot 1 and Lot 2, neither the Easement created by the Final Plat for the Seaton Subdivision nor the terms of this Agreement shall be deemed to have merged into the title of either Lot 1 or Lot 2. 13. 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. 14. 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. 15. 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. 16. 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 3 17. 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). 18. Term. This Agreement shall continue in perpetuity. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. Don L. Seaton Nanette L. Seaton STATE OF COLORADO COUNTY OF GARFIELD Subscribed and sworn to before me this day of , 2010, by Don L. Seaton. (SEAL) Notary Public My commission expires: STATE OF COLORADO ) ) COUNTY OF GARFIELD ) Subscribed and sworn to before me this day of , 2010, by Nanette L. Seaton. ss. (SEAL) My commission expires: Notary Public 5 Karp Neu Hanlon, P.C. 201 14TH Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Ms. Christina Poulos, Director U.S. Department of Homeland Security U.S. Citizenship and Immigration Services California Service Center P.O. Box 10129 Laguna Niguel, CA 92607-4012 Boundaries Unlimited, Inc. Scale: 1°=40' Date: 1/8/10 Proj #: 09022 File: vicinity Garfield County, Colorado Seaton Subdivision Road Agreement Exhibit 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 WELL SHARING AND EASEMENT AGREEMENT THIS WELL SHARING AGREEMENT ("the "Agreement") is made as of the day of , 2010. WITNESSETH: WHEREAS, Don L. Seaton and Nanette L. Seaton (the "Seatons") are the owners of the Garfield County, Colorado property referred to as Lot 1 and described on the attached Exhibit A and property referred to as Lot 2 and described on the attached Exhibit B, which is adjacent to Lot 1 (collectively, the "Lots"); WHEREAS, the Seatons have undertaken the process of legally subdividing the Lots pursuant to rules and regulations of Garfield County, Colorado; WHEREAS, Don L. Seaton is the owner of Well Permit No. issued by the Colorado Department of Natural Resources, Office of the State Engineer (the "State Engineer's Office"), a copy of which is attached hereto as Exhibit C (the "Well Permit"); WHEREAS, the Permit allows for construction of a single well (the "Well") with a total maximum pumping rate of 15 gallons per minute; WHEREAS, the Well was drilled on Lot 1 and is currently being utilized for a house on Lot 1 and a barn/dwelling on Lot 2; WHEREAS, a condition of subdivision by Garfield County was to record an Agreement wherein Lot 1 and Lot 2 will share use of the Well which Agreement shall apply to successors and assigns of the Lots; 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 Well and related pipelines and equipment; 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. Physical Infrastructure and Grant of Easement. a. The well has been drilled and is operating on Lot 1 and buried delivery pipes have been installed from the Well to the residence constructed on Lot 1 and the barn/dwelling on Lot 2. b. The owner of Lot 1 hereby grants to the owner and successors or assigns of Lot 2 a nonexclusive perpetual easement ("Easement") upon, over, across and beneath Lot 1 for the limited purpose of permitting the use, maintenance, repair, replacement or improvement of the Well, Delivery Pipes and associated physical improvements, to connect the Well to Lot 2 as is authorized by this Agreement. The Easement shall be twenty (20) feet in width for the use, maintenance, repair, replacement or improvement of the Well, Delivery Pipes, and associated physical improvements at the location depicted on the Final Plat for the Seaton Subdivision as the "20' Utility Esmt." recorded in the public records of Garfield County at Reception No. . The provisions of the Final Plat for the Seaton Subdivision related to the "20' Utility Esmt." are incorporated herein by reference. For the purposes of transporting persons and equipment to the Easement Area for the purposes of operation, maintenance, repair or replacement of the well, the pump, or the Delivery Pipes, the owner of Lot 2 shall have the right to use the access road on Lot 1, as shown on the Final Plat. 2. Authorized Use of the Well. The parties acknowledge that the continued use of the Well on their respective Lots shall be limited to the uses allowed by the Well Permit. 3. Percentage Allotment of Total Well Production. For so long as Lot 1 and Lot 2 are sharing the Well, each Lot shall be entitled to an equal one-half (1/2) share of the total water flow produced by the Well. Said water flow shall be measured in gallons per minute (g.p.m.). In any event, the total water flow from the Well shall not exceed 15 g.p.m. (7.5 g.p.m. for each Lot), in compliance with the terms of the Permit. Any deficiency in actual production of the Well below 15 g.p.m, shall be allocated equally between the Lots. 4. Flow Meters. Flow meters shall be installed and maintained on the Well itself to provide for the accounting necessary to enforce the provisions of the Well Permit. The costs for the initial installation of the flow meters shall be divided equally between the Lots. 5. Cost of Repair, Maintenance and Improvements. From time to time the Well, Delivery Pipes, and associated facilities will require repair, maintenance and improvements. For so long as Lot 1 and Lot 2 are sharing the Well, 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 (either Lot 1 or Lot 2) 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 2 such costs associated as the cost of the work causing such disturbance was allocated. The owner of Lot 1 shall only install reasonable vegetation within the easement area consistent with the rights of the owner of Lot 2 to operate, maintain, repair and replace the well, the pump, and the Delivery Pipes and in doing so to disturb the surface vegetation in the Easement Area. G. Authority to Perform Repairs, Maintenance and Improvements. If the owner of either Lot reasonably believes that the Well or Well pump requires repair, replacement or maintenance to allow it to be able to reliably pump 15 g.p.m., then such owner shall provide the other Lot owner 15 days prior written notice of such fact and the estimated cost of the necessary repairs. Following such notice, the Lot owner providing such notice may have the required work performed by a licensed well or pump contractor and shall be entitled to reimbursement from the remaining Lot owner for all costs and expenses incurred in doing so in accordance with paragraph 8 below and subject to paragraph 5 above. In the event that emergency repairs or maintenance is required, the Lot owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to said emergency repairs or maintenance. 7. West Divide Contract. The Well is augmented by a West Divide Water Conservancy District ("West Divide Contract"). Without the West Divide Contract, the Well could not operate in priority to provide water to the Parties during certain times of the year. The cost of maintaining the West Divide Contract shall be shared equally between the owners of Lot 1 and Lot 2. The Parties shall provide funds sufficient to pay the West Divide Contract cost at least fifteen (15) days before payment is due to the West Divide Water Conservancy District, 8. 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 Well Sharing Agreement in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 9. Storage. Should a Lot owner's share of the pumping capacity of the Well be insufficient to adequately service his or her Lot, then such Owner may construct, on his or her own Lot, at his or her own expense, a water storage facility to store his or her own portion of the Well yield. Alternatively, the owners of both Lots may agree to construct, own and operate a joint water storage facility, in which this Agreement shall be amended to set forth the terms and conditions of their construction, ownership and operation of such joint storage facility. 3 10. 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. 11, 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. 12. 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. 13. 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. 14. 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 4 subsequent breach or default of the performance of any of the obligations contained herein for the same or any other party. 15. 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. 16. Non -Merger of Easement. This Agreement is entered as a requirement of subdivision imposed by Garfield County. Regardless of the current ownership of Lot 1 and Lot 2, neither the Easement created by the Final Plat for the Seaton Subdivision nor the terms of this Agreement shall be deemed to have merged into the title of either Lot 1 or Lot 2. 17. 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. 18. 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). 19. Term. This Agreement shall continue in perpetuity. 20. 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. 21. 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. 22. 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 5 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. 23. 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. 24. 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. IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. Don L. Seaton Nanette L. Seaton STATE OF COLORADO ) ) ss. COUNTY OF Subscribed and sworn to before me this day of , 2010, by Don L. Seaton. (SEAL) Notary Public My commission expires: 6 STATE OF COLORADO ) ) COUNTY OF ) ss. Subscribed and sworn to before me this day of , 2010, by Nanette L. Seaton. (SEAL) Notary Public My commission expires: 7 WELL SHARING AND EASEMENT AGREEMENT THIS WELL SHARING AGREEMENT (Athe AAgreement@j is made . s of the day of , 2010. WITNESSETH: WHEREAS, Don L. Seaton and Nanette L. Seaton (the ASeatons@) are the owners of the Garfield County, Colorado property referred to as Parcel A and described on the attached Exhibit A and property referred to as Parcel B and described on the attached Exhibit B, which is adjacent to Parcel A; WHEREAS, the Seatons have undertaken the process of legally subdividing these parcels pursuant to rules and regulations of Garfield County, Colorado; WHEREAS, Don L. Seaton is the owner of Well Permit No. issued by the Colorado Department of Natural Resources, Office of the State Engineer (the AState Engineer=s Office@), a copy of which is attached hereto as Exhibit C (the AWell Permit@); WHEREAS, the Permit allows for construction of a single well (the AWell@) with a total maximum pumping rate of 15 gallons per minute; WHEREAS, the Well was drilled on Parcel A and is currently being utilized for a house on Parcel A and a barn/dwelling on Parcel B; WHEREAS, a condition of subdivision by Garfield County was to record an Agreement wherein Parcel A and Parcel B will share use of the Well which Agreement shall apply to successors and assigns of the Parcels; 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 Well and related pipelines and equipment; 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. Physical Infrastructure and Grant of Easement. a. The well has been drilled and is operating on Parcel A and buried delivery pipes have been installed from the Well to the residence constructed on Parcel A and the barn/dwelling on Parcel B. C-.USERS,IFRAVELIAPPDATA'IDCALVMQCROSOfl W1NDOV6 5tIEMPORARY INTFANET FRES'CONTFNT OUTT.1R1KU3N4DR27Dt54FLL SHARING AND FASEMENTAGREEMENT-1-7-Nk 12)1)OC —1— b. The owner of Parcel A hereby grants to the owner and successors or assigns of Parcel B a nonexclusive perpetual easement (AEasement@) upon, over, across and beneath Parcel A for the limited purpose of permitting the use, maintenance, repair, replacement or improvement of the Well, Delivery Pipes and associated physical improvements, to connect the Well to Parcel B as is authorized by this Agreement. The Easement shall be twenty (20) feet in width for the use, maintenance, repair, replacement or improvement of the Well, Delivery Pipes, and associated physical improvements at the location depicted on the Final Plat for the Seaton Subdivision as the A20' Utility Esmt.@ recorded in the public records of Garfield County at Reception No. The provisions of the Final Plat for the Seaton Subdivision related to the A20' Utility Esmt. @ are incorporated herein by reference. For the purposes of transporting persons and equipment to the Easement Area for the purposes of operation, maintenance, repair or replacement of the well, the pump, or the Delivery Pipes, the owner of Parcel B shall have the right to use the access road on Parcel A, as shown on the Final Plat. 2. Authorized Use of the Well. The parties acknowledge that the continued use of the Well on their respective Parcels shall be limited to the uses allowed by the Well Permit. 3. Percentage Allotment of Total Well Production. For so long as Parcel A and Parcel B are sharing the Well, each Parcel shall be entitled to an equal one-half (2) share of the total water flow produced by the Well. Said water flow shall be measured in gallons per minute (g.p.m.). In any event, the total water flow from the Well shall not exceed 15 g.p.m. (7.5 g.p.m. for each Parcel), in compliance with the terms of the Permit. Any deficiency in actual production of the Well below 15 g.p.m. shall be allocated equally between the Parcels. 4. Flow Meters. Flow meters shall be installed and maintained on the Well itself to provide for the accounting necessary to enforce the provisions of the Well Permit. The costs for the initial installation of the flow meters shall be divided equally between the Parcels. 5. Cost of Repair, Maintenance and Improvements. From time to time the Well, Delivery Pipes, and associated facilities will require repair, maintenance and improvements. For so long as Parcel A and Parcel B are sharing the Well, 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 Parcels shall be allocated equally between the Parcels; and C,'VS ERS'LFRAVELIAPPDATAIACAL ICROSOFTWINDO14S\TEMPORARY INTERNET FRES'CONTENT.OIiTLOO1.DN4DR27DWE[L SHARING AND EASEMENT AGREEMENT - 1.7.2(11012E.DOC —2— b. The cost of any repair, maintenance or improvement that benefits any single Parcel (either Parcel A or Parcel B) shall be allocated to that Parcel 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. The owner of Parcel A shall only install reasonable vegetation within the easement area consistent with the rights of the owner of Parcel B to operate, maintain, repair and replace the well, the pump, and the Delivery Pipes and in doing so to disturb the surface vegetation in the Easement Area. 6. Authority to Perform Repairs, Maintenance and Improvements. If the owner of either Parcel reasonably believes that the Well or Well pump requires repair, replacement or maintenance to allow it to be able to reliably pump 15 g.p.m., then such owner shall provide the other Parcel owner 15 days prior written notice of such fact and the estimated cost of the necessary repairs. Following such notice, the Parcel owner providing such notice may have the required work performed by a licensed well or pump contractor and shall be entitled to reimbursement from the remaining Parcel owner for all costs and expenses incurred in doing so in accordance with paragraph 8 below and subject to paragraph 5 above. In the event that emergency repairs or maintenance is required, the Parcel owner initiating the emergency repairs or maintenance will provide any reasonable notice possible prior to said emergency repairs or maintenance. 7. West Divide Contract. The Well is augmented by a West Divide Water Conservancy District ("West Divide Contract"). Without the West Divide Contract, the Well could not operate in priority to provide water to the Parties during certain times of the year. The cost of maintaining the West Divide Contract shall be shared equally between the owners of Parcel A and Parcel B. The Parties shall provide funds sufficient to pay the West Divide Contract cost at least fifteen (15) days before payment is due to the West Divide Water Conservancy District. 8. 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 Parcel owned by the party or parties in arrears. Said lien may be foreclosed in any manner provided for by law, and recording of this Well Sharing Agreement in the real property records of Garfield County shall be the only act necessary to perfect filing of said lien. 9. Storage. Should a Parcel owner=s share of the pumping capacity of the Well be insufficient to adequately service his or her Parcel, then such Owner may construct, on his or her own Parcel, at his or her own expense, a water storage facility to store his or her own portion of the Well yield. Alternatively, the owners of both Parcels C:1USERST RAVEL4APPDATAWCALIMICROSOFTWPIDOWS,TEMPORARY INTERNET FIIFSICONTENT.OIITLOOK5HN4DR27DWELL SHARING AND EASEMENT AGREEMENT- I-7.2010ld).DOC —3— may agree to construct, own and operate a joint water storage facility, in which this Agreement shall be amended to set forth the terms and conditions of their construction, ownership and operation of such joint storage facility. 10. Agreement to Indemnify. To the extent permitted by applicable law, the owners of the Parcels (each an Aindemnifying party@) agree to indemnify, defend and hold the other Parcel owner (each an Aindemnified 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. 1 1 . 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. 12. Covenant Running With the Land. Each and every obligation of each owner of the Parcels 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 Parcels. A Parcel owner=s rights hereunder may not be conveyed separately from his or her Parcel, and the conveyance of a Parcel shall automatically convey as well such Parcel 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 Parcel 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. 13. 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. CIUSERS1LESAVP.LW'PDATAILOCALSMICROSOFISWINDOWSITEMPORARY INTERNET FlLESICONTENT.OUTLOOICBN4DR21D1WELL SHARING AND EASEMENT AGREEMENT- 1-74010 (2).DOC —4— 14. 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. 15. 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. 16. Non -Merger of Easement. This Agreement is entered as a requirement of subdivision imposed by Garfield County. Regardless of the current ownership of Parcel A and Parcel B, neither the Easement created by the Final Plat for the Seaton Subdivision nor the terms of this Agreement shall be deemed to have merged into the title of either Parcel A or Parcel B. 17. 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. 18. 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). 19. Term. This Agreement shall continue in perpetuity. 20. 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. C:.U5ERSSFRAV ELSAPPDATA2WCAL}MICROSOFTWINDOWSlTLMPOMRY INTERNET FRE51CONTENT-flUTEGOK`BN4DN77U\WOLL SNARING ANI) EASEMENT AGREEMENT - 1.7-2010 (2) DOC —5— 21. 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. 22. 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. 23. Entire Agreement. This Agreement shall constitute the entire agreement between the owners of the Parcels 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. 24. 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. IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. Don L. Seaton Nanette L. Seaton STATE OF COLORADO COUNTY OF ) ss. Subscribed and sworn to before me this day of , 2010, by Don L. Seaton. (SEAL) Notary Public My commission expires: CALISERSURAVELSAPPDATAWCALMICROSOF M INDO WSITEMPORARY INTERNET FILES CONTENT OUTLOO}(HN4DR27D',WELL SJ FARING AND EASEMENT AGREEMENT . 1-7-2010.12).DOC —6— STATE OF COLORADO COUNTY OF ) ss. ) Subscribed and sworn to before me this day of , 2010, by Nanette L. Seaton. (SEAL) Notary Public My commission expires: C:? 11SERSHFAAVEL APPDATA LOCAL MICROSOFTIW1NDOWS\TEMPORARY INTERNET FRESO ONTENT.00TLOOKIRN4DR27D1W EIL SHARING AND EASEMENT AGREEMENT - 1-7-20!0121.DOC —7— stewart title Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: Order Number: Buyer: Seller: Property Address: Please direct all Search Report SELLER: Don L. Seaton Nanette L. Seaton January 8, 2010 917525-C2 TBD - (search) Don L. Seaton and Nanette L. Seaton 4151 County Road 117, Glenwood Springs, CO 81601 Closing inquiries to: LISTING BROKER: Don L. Seaton Please direct all Title inquiries to: Susan Sarver Phone: 970-945-5434 or 866-932-6098 Email Address: susan.sarver@stewart.com BUYER/BORROWER: TBD - (search) SELLING BROKER: We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorial Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 �t -title guaranty company Senior Chairman of t e Board Chairman of the Board President Order Number: 917525-C2 ALTA Commitment (6117/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 11, 2009, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: To Be Determined (b) A.L.T.A. Loan Order Number: 917525-C2 Amount of Insurance $ TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Don L. Seaton and Nanette L. Seaton 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 4151 County Road 117 Glenwood Springs, Colorado 81601 Order Number: 917525-C2 ALTA Commitment (6/17/06) — Schedule A Title Officer: Page 1 of 3 Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee $200.00 List of Property Owners within 200 feet $200.00 �SteW title guaranty company SCHEDULE A LEGAL DESCRIPTION PARCEL A: A parcel of land situated in the W'/zSW 114 of Section 3, Township 7 South. Range 89 Nest of the Sixth Principal Meridian, lying Easterly of the Westerly line of said Section 3 and Westerly of the center of Four Mile Creek, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Section 3, whence the Section Corner common to Sections 3,4,9 and 10 in said Township and Range bears: S. 01°01'32" E. 1588.87 feet; thence East 936.78 feet to a point in the center of said Creek; thence S. 17°24'43" W. 53.78 feet along the center of said Creek; thence S. 14°55'37" E. 93.36 feet along the center of said Creek; thence S. 32°18'37" W. 93.14 feet along the center of said Creek; thence S. 01°34'29" W. 33.68 feet along the center of said Creek; thence N. 89°30'00" W. 280.65 feet; thence S. 00°30'00" W. 152.00 feet; thence N. 89°30'00" W. 604.95 feet to a point on the Westerly line of said Section 3; thence N. 01°01'32" N. 398.24 feet along the Westerly line of said Section 3 to the point of beginning. PARCEL B: A parcel of land situated in the WI/zSW 114 and in the NE 114SW 1/4 of Section 3, Township 7 South. Range 89 West of the Sixth Principal Meridian, lying Westerly of the Westerly right of way line of the Four Mile Creek County Road and Southerly of the Southerly line of the Chelyn Acres Subdivision as platted, said parcel of land is described as follows: Beginning at a point, whence the Section Corner common to Sections 3, 4, 9 and 10 in said Township and Range bears: N. 89°30'00" N. 604.95 feet and S. 01°01'32" E. 1190.63 feet; thence N. 00°30'00" E. 152.00 feet; thence S. 89°30'00" E. 280.65 feet to a point in the center of Four Mile Creek; thence N. 01°34'29" E. 33.68 feet along the center of said Creek; thence N. 32° 18'37" E. 93.14 feet along the center of said Creek; thence N. 14°55'37" W. 93.36 feet along the center of said Creek; thence N. 17°24'43" E. 53.78 feet along the center of said Creek; thence East 90.60 feet along the Southerly line of said CheIyn Acres Subdivision; thence N. 31°40'48" E. 36.73 feet; thence N. 47°08'54" E. 41.71 feet along the center of said Creek; thence N. 13°5'14" N. 52.92 feet along the center of said Creek; thence N. 37°21'26" E. 42.09 feet along the center of said Creek; thence S. 84°43'06" E. 116.64 feet; Order Number: 917525-C2 ALTA Commitment 0/17/06)— Schedule A Title Officer: Page 2of3 LV stew -art titre guaranty company thence 110.04 feet along the arc of a curve to the left, having a radius of 173.50 feet, the chord of which bears N. 81°37'02" E. 108.21 feet; thence 254.50 feet along the arc of a curve to the left, having a radius of 330.00 feet, the chord of which bears N. 41°21'12" E. 248.24 feet to a point on the Westerly right of way line of said County Road; thence S. 11°38'50" W. 186.10 feet along the Westerly right of way line of said County Road; thence S. 31°9'12" W. 465.29 feet along the Westerly right of way line of said County Road; thence 259.80 feet along the arc of a curve to the left, having a radius of 818.60 feet, the chord of which bears S. 22°0341'W N. 258.71 feet; thence S. 12°58'10" N. 137.24 feet along the Westerly right of way line of said County Road; thence N. 52°56'57" W. 318.94 feet; thence N. 89°30'00" W. 188.00 feet to a point of beginning. County of Garfield, State of Colorado Order Number: 917525-C2 ALTA Commitment (6/17/06)— Schedule A Title Officer: Page 3 of 3 L eWa title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 917525-C2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. None. This is a Search Report Only Order Number, 917525-C2 ALTA Commitment (6117106) — schedule B 1 Page 1 of 1 E_.ewart title guaranty company 1 111111 11111 111 1111 1111 VIII 1111 1111111 III 11111 111 IIII 671074 03/28/2005 02:32P B1673 P717 1 ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED lora THIS DEED, is made thi day of March, 2005, between Don L. Seaton and Nanette L. Seaton, whose legal address is 4151 County Road 117, Glenwood Springs, Colorado 81601 ("Granton") and A. Lloyd Heuschkel and Bobbie A. Heuschkel as Co -Trustees of the Heuschkel 2003 Living Trust, whose legal address is 2344 Rupert Drive, San Jose, CA 95124-2606 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration ofthe sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described property, together with improvements, if any, situate, Tying and being in the County of Garfield and State of Colorado described as follows: That certain easement or right of way for the Hammerich Pipeline as described in that certain instrument recorded September 25, 1973 in Book 450 at Page 108, in the office of the Clerk and Recorder, Garfield County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. 1N WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ss. COUNTY OF GARFIELD Don L. Seaton Nannette L. Seaton ':Gne f/e PCI The foregoing instrument was acknowledged before me this , day of Manch, 2005, by Don L. Seaton and -Nannette L. Seaton. KIDAeke.— MyMy co Witness my hand and official seal. My Comnisslorl Elpllms 08113x2008 '7(j..7\tsem. iCi) Notary Public RETURN TO: JOSLYN WOOD 201 MAIN ST #301 CARBONDALE, CO 81623 MIN. 0 m et m▪ om min - use — a• o mot +i=11 r) 0 ��� ='+w I CO 1.4 w Baa: Mme - gym raj -mom mom 0NM ID 452a =•m —. • trio -a .+ Mad IS) a — to SPECIAL USE PERMIT Don Seaton In accordance with and pursuant to the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2003-05 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following use: Accessory Dwelling Unit at a property located at 4151 County Road 117 (Four Mile Road) The Special Use Permit is issued subject to the conditions set forth in the above mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, Comprehensive Plan, and other regulations of the Board of County Commissioners of Garfield County, Colorado BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO f', COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 917525-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. (7A) 10. Right or the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 152 as Reception No. 82339. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1923 in Book 73 at Page 152 as Reception No. 82339. 12. Rights and reservations disclosed in Warranty Deed recorded July 27, 1948, in Book 238 at Page 83 as Reception No. 165521 , and any, and all assignments of record, or otherwise, thereof, or interests therein. Order Number: 917525-C2 ALTA Commitment (6/17/06) - Schedule B 2 Page 1 of 2 r�7 Lewa t title guaranty company 13. Oil and Gas Lease recorded April 18, 1955 in Book 284 at Page 40 as Reception No. 189493, and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 14. Rights and reservations disclosed in Warranty Deed recorded September 17, 1955, in Book 287 at Page 374 as Reception No. 191425 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 15. Rights and reservations disclosed in Warranty Deed recorded April 18, 1962, in Book 340 at Page 437 as Reception No. 217250 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 16. Declaration of Restrictions Chelyn Acres, recorded September 13, 1967 in Book 387 at Page 524 as Reception No. 238921. 17. Matters disclosed in Warranty Deed recorded June 29, 1973 in book 446 at Page 455 as Reception No. 258968, and Warranty Deed recorded June 29, 1973 in book 446 at Page 460 as Reception No. 258969. 18. Matters disclosed in Quit Claim Deed recorded September 25, 1973 in Book 450 at Page 108 as Reception No. 260104. 19. Resolution No. 93-056 recorded July 8, 1993 in Book 868 at Page 214 as Reception No. 449638. 20. Affidavit RE: Boundary Line Adjustment recorded June 27, 2000 in Book 1194 at Page 636 as Reception No. 565474. 21. Letter regarding Boundary Line Adjustment Procedure recorded June 27, 2000 in Book 1194 at Page 641 as Reception No. 565475. 22. Resolution No. 2003-05 recorded February 14, 2003 in Book 1437 at Page 426 as Reception No. 620997. 23. Special Use Permit recorded July 8, 2003 in Book 1490 at Page 114 as Reception No. 631226. 24. Special Use Permit recorded November 6, 2003 in Book 1535 at Page 865 as Reception No. 640212. 25. Matters disclosed on Quit Claim Deed recorded March 28, 2005 in Book 1673 at Page 717 as Reception No. 671074. Order Number: 917525-C2 ALTA Commitment (6/17/06) - Schedule B 2 Page 2 of 2 -Stewart title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business ---to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. For joint marketing with other financial companies Yes Yes No No ........ ...... No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies...--- Although _...._..--Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. J Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Order Number: 917525-C2 DISCLOSURES Order Number: 917525-C2 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED, Order Number: 917525-C2 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title - Glenwood Springs Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. 4 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart .title guaranty company 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 P.O. Box 2029, Houston, Texas 77252. `h JOEL D HALONEN SARA N. & BRENT SIMONSON 317 MEADOW WOOD ROAD GLENWOOD SPRINGS CO 81601 PARCEL ID 239503309001 GREGORY B. & LAURA C. DENNEY 370 MEADOW WOOD ROAD GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503309002 TERRY M. & HEIDI M. RUONOVAARA 338 MEADOW WOOD DRIVE GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503309003 BENJAMIN T. & NICOLE G. LUNT 310 MEADOW WOOD ROAD GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503309004 JOHN A. & COLLEEN 8. GROTH 4264 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503307001 BRUCE R. & KATHRYN NEUMANN 100 HOME PL GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503307008 MARK W. SPIDELL ELIZABETH FLOOD 4339 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503300052 WILLIAM L. & NANCY C. FLOOD 4339 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 PARCEL ID 239503300053 ANGELA GRACE DIMERCURIO SIMPSON MICHAEL DAVID SIMPSON JR. 751 VAN DORN ROAD GLENWOOD SPINGS, CO 81601 PARCEL ID 239503300030 KENNETH O. & KATHY BECKWITH PO BOX 1166 GLENWOOD SPRINGS, CO 81602 PARCEL ID 239503300028 MICHAEL A. MAYER HILDUR Y. TROYER 4341 COUNTY ROAD 117 GLENWOOD SPINGS, CO 81601 PARCEL ID 239503300033 2336 Executors Deed. 3-30-23. Edith James, Executor of the estate of David S.James, eceased To John Heuschkel. Ack. on S.D. before George Edinger, N.P. Garfield County, olo. Conveys an undivided 3/20 interest in and to those certain lands and water rights;. onveyed by that one certain quit claim deed recorded in book 86 at page 615 of Garfield;± ounty recorded as Doc.# SZ7odr,Decreefor sale of real estate entered in said Court on arch 29,1923. Decreed that petitionroceed to sell all the right,title and interest f estate of David S.James,deceased in and to said property, when advisable at public ✓ private sale. Signed J.W.Bell, Judge. In puBsuance of such order, the party of the irst part did on March.29,1923 sell at private sale for total sum of $1200. to second arty the above described property. Order confirming sale entered in said Court on Larch 30,1923. (same property as in Doc.#57708). Filed for record April 4,1923 at ,4:30 o'clock P.M. &n Book 105 page 92. 2337 Patent. 4-2.3-.1892. United States of America To Richard Dillon. Conveys the 2SW4 and SEL NW; Section 3, Tp.7 S.R.89 W.6th P.M., containing 120 acres. 'Filed for record April 5,1923 at 8:02 o'clock A.M. in Book 73 page 150. • Patent. 6--5-1894-. United States of America To Luke Dillon. Conveys the SW Sec.34, Tp.6 S.R..g W. -and SW4NW*; SW4NE4 and Lots 2, 3 and 4 of Sec.3, Tp.7 .R.89 W., containing 158:92 acres. Filed for record ,April 5,1923 at 8:04 o'clock A.M. in Book 73 page 151. �6fA.P,C=/4') ' Patent. 11--17--1894. United States of America To Richard Heffron. Conveys TNWi Sec.10 and WSW Sec.3, Tp.7 S.R.89 W.6th P.M., containing 120 acres. Filed,for record April 5 1923 at :06 o'clock 4.M. in Book 73 page 152. 2340 Patent. 6-6--18 0, United States of America To Samuel Baker. Conveys the W IdE*; SE SE1 and NESE Seo.8, , Tp, 5 S.R.91 W.6th P.M., containing 160 acres. Filed for record April 5,1923 at 8:08 o'clock A.M. in Book 73 page 153. 2341-82342-82343 a.Ms. 2344 Patent. 5-22-1910. United States of America To Augustus L. Chas. Conveys he SESEi Sec.34, Tp.5 S.R.90 W.6th P.M., containing 40 acres. Reserving however o United States all coal in the lands so patented with right to mine and remove same. Filed for record April 5,1923 at 3:10 o'clock P.M. in Book 73 page 154. 2345 Decree of Heir. ship. 4-5--23. In the matter of the estate of Patrick Brady, eeeased, Philip Fitzpatrick,Adrninistrator . Recites that the above matter came on to e heard by the Court and Court being fully advised in premises finds that said deceasdd ied on or about Feb.14,1922, a resident of Garfield County, Colorado, leaving intestate ands; due notice has been had according to law, that sole -and only heirs at law of it atrick Brady,deceased, and their interests in said estate are Ann McMahon,Sister 1/2 nterest, Patrick McMahon,Nephew, 1/14 int. James C.McMahon,Nephew, 1/14 int; Matt J. oMahon, Nephew, 1 /14 int, Owen McMahon, Nephew, 1/14 interest; Mary McMahon, Niece, /14 int; Nellie McMahon,Niece ,.1/14 int; Anna McMahon,Niece, 1/14 int. The last ii 9-907 a-ty f3k 7.3 /fy 457 THE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING: Certificate No. rlG`...,.... ) WHEREAS, /rA�l' . C� U-Pce eiaeze.y _ ha...,... deposited in the GENERAI,j/f AND OFFIC of theunited States, a certificate of the Register of the Land Office at �!%C,=- .." �-0 - . _ whereby it appears that full payment has been made by the said .__/-.. '~4�?-( ,/. according to the provisions of the Act of Congress of tie 24th of April, 1820, entitled " An Act making further provision for the supplemental thereto, for the ___`'l� on- 'G� .(/%....✓IL'=-CC�f lrTf/.. �f!/ :CCC Ct., ., .. ��. �- [-GC.G�.. sale of the Public Lauds," and the acts 4 Chi 6,17-(r, according to the Official Plat of the Survey of the said lands, returned to the GENERAL LAND OFFICE to Surveyor eneral, which said Tract bas been purchased by the said NOW KNOW YE, That the UN STATES OF AMERICA, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAVE GIVEN AND GRANTED, and .l}i these presents DO GIVE AND GRANT, unto the said %e'.....heirs, the said 'Tract above described; T(�d HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belo ing unto the said and to........ --4$........ heirs and rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and there is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority of the United is.In testimony whereof ,l?% } 0 assigns forever; subject td any vested and accrued water Recorded Filed for Record the _ __._5 - 6 President of the United States of America, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed. GIVEN under my band at the City of Washington, the :"TX4(--reek . ._day of_.in the year ................... _.. /thvcc r<!-�1..r1 of our Lord one thousand-ninehundred and.(z:Ue7r.�. ..._ an. o e Independence of the United States the one hundred and,: By the President:......_2 71 By_.........._ clay of.. , Page _.,.. .Y aikti ecretary. _ c Recorder of the General Land Office. a'ctock.. { af. Recorder. Deputy. Dane C. Wadsworth and Margaret Wadsworth To J. Hilton Wix WARRANTY DEED Dated July 22, 194$ Ack. July 22, 194 bef. Adelia M. Anderson N. P. --Gar. Co. Colo. Cons.440,000.00 $44.00 I R. S; Conveys: The SISW4 and theNWr;SWt of Sec. $ and the SE4SEI, of Sec. 7 Tp. 7 S.. R. $9 W. 6th P.M., together with the Daniel Flannery Ditch and water right connected therewith. pertaining to said land. The SESE of. Sec. $; the WNW ..the NW�r-,SW 'arid the ELSW4-of Sec. 16, Tp. 7 S. R. $9 W. 6th P.M. The SE .SW* of Sec. 34., Tp. 6 S. R. $9 W. 6th P.M., the SWwNE*,-the S2NW4, and Lots 2,-3 and 4(the N2SW4,-the SW4SW* and the SESW4-of Sec. 3, except 9.044 acres, described as follows: Beginning at the 1/4 corner between Sectio 3 and 10, Tp. 7 S. R. 89 W. 6th P.M.;. thence West on aline between said 1/4 corner and the NW corner of Sec. 10, Tp. 7 S. R. 89 W. 717.17 feet; thence N. 0°50' W. 137.79 feet; thence N. 19°33' E. 109.17 feet; thence N. 30°30' E. 11$.15 feet; thence N. 51°38' E. 136.x; feet; thence N. 47°23' E. 149.7 feet; thence N. 6$°59' E. 169 feet; thence U. 59°24' East 214.6 feet; thence N. 21°0 -East 75.03 feet; thence South $29.66 feet to the place of beginning. Also, th NWNW of Sec. 10, Tp. 7 S. R. $9 W. 6th P.M. Together with all water and water rights, ditch and ditch rights, used in connection or appurtenant to said lands, including, but not exclusively, the following: An undivided 1/2 interest :in the Atkinson Ditch No. 30, and a like interest in the Priorit*es Nos. 3), 109 and 147, calling for 7.7 cu. ft. of water per second of time.. Also all, interest in and to the spring and dom- estic water supply and pipe lines extending from said spring to the residence house (reserving, however, for the perpetual use of George Hammerich, a suf- ficient supply of water for his own use from said spring from domestic use, through another pipe line to his residence and other improvements). And to- gether with the Mammerich Ditch. Subject to all existing rights of way for roads.) telephone lines, power lines, ditches and pipe lines, and all existing easements of any kind or nature now on or appurtenant to said described premises. And subject also t o a .Coal Mining L; cense Agreement, dated Feb. 1, 1941, under which the Colorado. Fuel & Iron Corporation granted unto Dave Davies •the right to mine and extract coal from the E2Ez of Sec. $, Tp. 7 S. R. $9 W. 6th P.M., conraining 160 acres more or less, according to 'the terms and provisions of said Coal Mining License Agreement. Grantors herein reserve to themselves 1/2 of all oil and mineral rights. Together with grazing rights on Public Domain used in connection with the above lands. Filed for record July 27, 194$ at 9:50 o'clock A.M., and recorded in book 2,*at page ?1,5thereof. -ntcaraed at...:,.9.:J.Sl.o'clerk;.:A.■AT.+_:„,r1Ill.f.,.��.: �%�i©..:.: -.^:;`: • .�.a.:.. 215 Aeeeptlon e . _ a 'Ails DF:l:ry'hladethiR'•'twenty second,'; •`••'day of. =;• :our fool one ibubsund nine hundred and :forty' ei8tlt ;:' hitueen' DAN C.: WADSWORTH -and .MARGARET. t1DSir'OR 1t de vc 1p of ..ofthe' Cuuntyat.: Garfield' .';HII.TQSd'WIX .of tla Paw's. Corti eld.'.” nnrl5l to ofCnlnr.ieln nfthrF rrnd?-rr;" ii'1Tl%1 SSVT11; Tliuit the Eajd'partlea of Ilio fist part, for fold in enrrsiiirrutinq.of_tbe stun of Forty Thousand . and Stoic of G'vlarndb; of thr 111:tit In:rl,_ to the t;;1111 pad 1 en of the first gate in hand gaud Lythe bald part Y of au seuoud Tart. the .: • z receipt whereof is Hereby ennfrasrtl nu i1 ay-know/Nigel]hn '' ve. -, `granted, bargaineil, nom and t_nn•• ve; ell, owl by these gresents •lis .. ; " grant, bargain, ne11, coney and confirm unto the suid part f • of the eeeonrl its" .}7ill heirs Part ossjgnr, forever. a the following described lot 0 or parcel of land, situate, lying silt] being in the :. Collat.,:of _ darfi eld tial vtateofColorado, 'talrlt ; The South Half. of the,Southwect Quarter (SI-eW;) and.the Northirest .• Quarter:of•the Southwest Quarter (1J1081+1 ), Section Eiaht (8), and ' the 8outheaet Quarter of.the'Southeant Quarter (SE SE4) of Section; Seven (7), Township Seven (7) South,•Range Eighty-nine (89) West of tho Sixth (6th) Principal Meridian to ,ether -with the Daniel .. • ` " Flannery Ditch and water right connected. herewith pertaining to'nrrd•lard. The Southeast Quarter of the Southeast Q,uarter.(8E}8E/) of Section i• Eight (8); -,the West Half of the Northwest Quarter (W1NW;),.the . :' Northwest Quarter of the Southwest Quarter (NW;5W )-and the • Fait Quarter Southwest Quarter (EaMW*),, Section" Sixteen (16), ';Township Seven. (7) Soutrt• Fango Eighty-nine:-(89)'Wirt of the Sixth M., i . The SoutheastQuarter of the Southwest Quarter (SE,a,5W;)..of Section Thirty-four (34), Township Six (6) South,'7Range Eighty-nine (89) -:; .: West.of the Sixth (6th) P. VI; the Southwest Quarter of the North- east Quarter (8'rS;NED' the South Half of the Northwest Quarter '" ' (5 NW) and Lots Two t2), Three ()} .and Four (4), the North Half of the Southwest Quarter (N/SW;).,the Southwest Quarter of the Southwest. Quarter (SWiSW;) and the Southeast Quarter .of.the South- west Quarter.(8EtSWi) of Section Three (3)" -except 9.044 acres described as followa:= Beginningat the 1/4'.corner between Sections 3 end 10, Township 7 South, :Mange 89.West, 'thence 'Neat"on a lane be tween said 1/4 corner and the N. W. corner of Sec. 10, Township. 7 South, Range 89 W. 717.17 feet; thence North 0 deg. SOt West _ 4 137.79 feat; thence North 19 dog. 331 East 209.27 feet; thence : lj North 30 deg. -301 East 118.15 feet; thence North 51 deg. 18i Eget 136.8 feet• thence North 47 deg,.23' Eqpt 1459.7'feet; .-thence North '.68 deg. 59( East 169 feet; thence North -59 deg,.24s•East '214.6 feet; I thence North 21 deg. 02': Eat 75,93• feet;thence South 829.66 feet Ij to the place of'beginnin . Alco, the Northwest Quarter of the • j.: Northwest Quarter (N+WINW) of Section Ten (10), Township Eleven (7) i South Range Eighty-nine (89) Went of, the Sixth (6th),1!""11'" Together with all water and water 'rights, ditch and ditch rights,: " wed in connection er appurtenant to raid lands,' including, but 1 not,exclusively, the following • 1n, F3::?WARRANTY OLE it—The HT0.1, 1111 S1' i1t. bcr��er,C' • • - - 1 • • An undivided one-half ()i) `intereot %in'and to the Atkinson Ditch` 30,'and to ,like interest in Prioritise Numbers _39, 109 and 147,:, -. calling for -7.7. cubic feet' of water per .second: of r time. •• ',- .• Aloe all, interest in and;; to the spring. and domestieliater suppy and pipelines extending from said spring to the -residence .houoo •.;. ,(reserving, .however; -for. the perpctual'.use of..George l{amrrerich, .:: a-suttielent oupp1y. ot,vater for. .his "own . uee:from said :epring.for.' • domestto use,'-.through_another.pipe line. to:his•:residence nnd• other.. • 'iutprovempitts;:,.Andtogether: with the .Hammerich:Ditch.- 1-Subject' h.•Subjcct to all eitistiiig.rigjitaor way for raadg telephone lines, :power, existing•easements .of any. kind or.nature now on or appurtonant.to said described premises.• ,;• And nubject'aleo•to a• Coal Ifining Licence Ar;reement, dated Feb.: 1,.1941., '.under'.•which .the Colorado. Fuel & Iron Corporation granted unto Dave: Davies: the 'riptt:to mine and extract coal.from the Eaet Half Fast.Half.(ElE4) of 8ection,Eight.'(8), Township: -.Seven=(7) South, Range Eighty-nine (89) West of the Sixth (6th) •° `.,,, • P. M., containing 160 acres more orlees, according to the terms and :provisions of.said:Coal Hining License, 'Agreement. .; .: Grantors hereinreserve: to'themeelvea_one•htsi_f,of all oil and mSneral.righte Tovether`with' grazing rlrrhts On Public Domain . - 10111111,11113M1101111.11:111111 used in connection with the above land 'fbGflTIIi.A frith all end siaguini. the hereditaments and appurtenances thereunto belonging, or is an)Wise appertaining, and the teversinn and reversions, remainder and remainders, rents, issues, and profits; thereof; and all the estate, right, title, interest,: clniai and 'demand whatsoever, of the said part' -leo ` -of the first parteither in law or equity, Of, In and to the above bargained premises, with Iimheeeditamenls tinct appurtenances, _.: TO H.1VL .tND TO I10GD the said premises above hargained,nnd described, with the apputte• . Mincers unto.'•,, . J. • HILTON WIE : •.•• • thasaid part y'.=ofthesecondparthis-,. 'beirsandasignafarever And the said • DAN ; C e WADSWTORTH and MARGARET WADSkORTH • parL1ea ' of the first part, , for' them :•'se1Ve8,thei]heira, executors and administrators, do covenant, grant, bargain and a;reetoandwiththe said part y'.;:ofthe second prat, ': his' .. heirs and assigns, that at the •-• time of the ensenlingend deliveryofthese presents they are, • well seized of the premises above conveyed, as of good, sure, perfect, abaotuto and indefeasible estate of inheritance in law.in fee• i• aimple, sad ba Ve good eight full .potteraad lawful autfiority to great, bargain, sell and convey the' • same in manner and form aforesaid; and that the same are free and clear from all former and other i grants, bargains,snlea, liens, lase', assessments and incumbrances of whatever kind or nature soarer. . •,t�:•fi{?;i'?: �.r':�'C7rr• _',.?rte•„• Seated anis Delivered le presence.° STATE OP COLORADO Gallnfy Of{}A. ,'•,1� D r89. • 1 �. The forego -ink instrument lraSaclmouledgedbefore mef111c ?2 dnyof July DAH C. WADSWORTH and HAiiGAR£T WADS IORTH % J1W11p4 rluytland and official heal sas 0'7;11 a. tifly/ef4sion exIves Jul -1949 r'. cumty Fula f i ' ' ell Loriartoml Amen et Ample here Inecr;aeme nr aampi11 hr prreoa oeilnyr le rrpevretanrr ar onlrtoletrael Warae atreraer•1a.fart, '.• }..'1• ate 6ueet aims er prnoa u neeuler, aternrr•Indoet, °rather eopeellr or de�Ipt!oe: U Ls. oslrer of cerporeilep, Th em. name uI tubefc ,Or,IT ,, a mlE pent or trill,.hrr trilera.0 mrpa, 1lnn,a.rnlep ft.-' • t r .eorata gii...t....„.1.1:441.0,1k;'14,fil!illi.1",?36i'1,19::,,, ,,,I.:•::,1....,,;,:ie:/.0,-* iitfiikile,;4,,,,O?cliy.,01,,,,k Ilitt,i/traStals t in la,the,1;:ecie;'did,c1 i4'.iiii t7uijiicI ,enn'$'.'' ..,1,rd-wl. IT;,4 :'; '. beti•id::,-§'.0` titA 4..fJ 1111%.,,T,,.0,...IN:;W c .,'",•, . ci,.,4 t stet:ref Colored , cf Ii1rtriet,'iina f .9CAll MATTHEWS gnd,13ETTVM 13.1W _ Steamer C:eioradri, f ,the eland pipit; ,X1'-1:`,'-.,:::clnit6P•11111biile:11514PAA,,Y..0*. ,VOugibs th!9:1fild NO 5f. 2,..1.irebXginkolc4eLlettekri!ivdcaindliik,trOlirip itg 'eta' SWfSee3 exieptViCitcreiPitE: 4ornerbetiv • -i 1 f I71 ft,thenceN 0Ot W1:f: feet `‘14 7 Xecti.,thenearv.psi60. - N 2102t 75.93 feet to th'e weater1 alongthe we8terl3l boundary of said alllnT 7.,R 89 W./of the:6th Tw SEISE -,1 or Sec 7 the S§via,,ffc l• of See. 0; .theNWIINW,i of Sec:' 10, . j . • • . • • ' .1,1 IL in -T.•7 S H. -89W,r of the 6tti Together with any And alrditches ater rightsbelonging to,. used upon or in i• connection With any and all tlfsaid‘lan.„-.At e described, including. but without • . .P limitation,; an undividedl intmest.lm helltkhison Ditch No. 30 and a like - 4Interest in Prierities No 33T1.'17drl and the,Flannery Ditch and its Priority No.',136B: and the Hamrnerich Pipe L rMi • its priority No. 521; all in the decree of the District ConrrorCartield Count. ierada; in and for Water District No. 30 1 together with .all r1ghts, title and interest. many springs and domestic water supply IP and.pipelines furnishing water to any s tad lands above described:. all of the grantor's right,- t I) interest; if any, in the liammeridi liDlich; in 'said WaterDistrint 1Jo 38• . :•:. ' ' Subject howevertoany And all: cads 44CasernentS and'rights of way and particularly,but Without Limitation,'air -rvation-by previous' owners of rights to use ordatnestlairatOfro4iiprIngs sup y g water to any of said above described I Subject,'AlSo.. to a Coal Mining Lit y griernent; dated Feli.e.,1,1941. under which the.ColoradoFuer & Iron Corpor0M: ranted unto Dave Davis the right to . i mine, and extract coal from the'E-1-E-1 T.- 75' It 89 W: of the 6th P.' AL Together with all gi:azing.rights etti)p • Wining -to any and all of said lands herein and.hereby 'conveyed and. Particularly Aft "e•:•./`0•• ing rights an the Public Domain used In connection with said lends."7 • - ; • RESERVING:, however, threerfour' Wmminerals of every !chid in, upon or • under any of Said lands, not previously* f• ed by the United States; .of:which one- . half () orealdrnineralshay:Ing beenprev p ly reserved by, former owners of paid,: ]ands above cies pribedi'and one-fourth( eserved by the grantor hereof. ,.-.. •41;* • ToGErnEtt ulth all and 'singular the het -edits nppieWeing. and the' ?wean and reveielon3, all the edge, eight, tttle. Internet skim end demand ivh law er equity, or, In and to the 'don bargained for.scci lefectuddenctIcso Wait. gird* , , deration d:$21101,61tbtfimuna: 'PIA. the ?Vain !Ad 011 ii)17311 And eanroped; aid pythenfpnetento do es zg emu] ;animals twiner la econani but and (igen! at.tc.chita2Ityor ismer, elf ths Whew. ,•": bang bt •,, conatrd' do,"tooalti=The'SEISWI of Sec:', 34,,V.: Alind:OF rstin the SWINEt end:;1, aid:Se3 described as followsi.:!' cuts .3 and 1O T '7 S,tr R 89,W. of erly line of sad SEISWI a distance': el thence. N. -119° 109:- 17. feet, 1°38' E,- 1.30, 8 fecti;thence N. 47023t, 'thence N: 591'24' E 214. 6 feet.: thenc dary of said SEaSW,T and thence souther 829 66 feet to the point of beginning; , had SE-1-SEI•of Sec.. 8; the NEtNE4, NWJATWSW 1 and EisW.1 of Sec. 15 appurtanaires thereenato belonging, ed in einYnleit. remainderr, rente, issues and profits thereat; end: se of the ea part yot the first part, either bi-::: thn hereditaments end apparteneneey..., NAVE 70 BO, the I toilets abate —ad atd wee a,pa. atm, tato tba ; ulna Oita presitailibtill 66143118; a OA. nit, pada!, at !Rau la and It& /was Oita of la tt'a'ittajlae,aidbitt-, gal ?g,it,',611.ativer Ida illtfa Anwar • Feuer; n :F, f 5 coTeal% T! Is DEE?, ; t-ka 8th cf April the yawr r.f r;:r I-ord one thouur.^_' rine hundred ani fifty- i i': e Whet -en i, HILTON WIX. a1 the Caanty ai .rid State of Colarx:'.a, of the firm part, sad arli,;d OSCAR MMATTA':EWS and BETTY A TH ,WS i No. Doc,i 191425 r. Filed for record Seotembe 17, 135.5 at 11:50 o'clock A. VI., in boolc_79-7at page 7 ( thereof .,. .. the County of Gartd .-.d :;Lute of enlarnde. of eat a -stand part: 'irri-1?-.SSL'zr1, 'not the said tarty of iia ii_at part, fi:r an i in canaida;atidn of t_'+.e au. of One Dollar and other good and valuable consideration to the said part y of ty'tia :tint part in hand paid by the said pari.a of the a-atond part, the rta:eigt wisara:f is t:erebv confessed and aalcnoarJ dgad, ha 9 granted, bargained, s;.td and con,fr”-1, end by theses a:want da e3 grant, bargain, eall, convey and con5rro unto the as id peril of the second• dart, not int nancy la tnrnan but In jtent tenancy, the eurairor of them, t'xair assigns v- d the heirs and anal of aura anrviror formra?, Rif tha i*_g described lot or parcel of land, siz.ate, 1 iogand lasinz is the Courcy of Garfield Ind state of colorndo, The SE.+SWi of Sec. 34, T. 6 S., R. 89 W. of the 6th P. M.; Lots 2, 3 and 4 and the 5 NW , the 5W. NE+ and SWa of Sec. 3 except 9, 044 acres of Sr,+SWI of said Sec. 3 described as follows; Beginning at the quarter corner between sections 3 and 10, T. 7 S., R. 89 W. of the 6th P. M. thence westerly along the southerly line of said SEaSW; a distance of 717. 17 feet, thence N. 0°50' W. 137.79 feet, thence N. l9.33' E. 109.17 feet, thence N. 30°30' E. 188.15 feet, thence N. 51033r E. 136.8 feet, thence N. 47°231 E. 149.7 feet, thence N. 68°59' E. 169 feet, thence N. 590241 E. 214.5 feet, thence N. ! 1.02' E. 75. :'3 feet to the easterly boundary of said SE;3W- and thence southerly alo;tw the easterly boundary of said S iib'-`, 829. 66 feet to the point of beginning; all in T. 7 S,, R; 89 W. of the 5th P. M. The SE.3E; of See. 7; the SZSWi, .NWitSW1 and SE SE4 of Sec. 8; the ?ENE - of Svc, 9; the N?tl.;NW,'- of Sec. 10, and the W+NW-, NW?SWI- and EnSWI of Sec. 15t all in T. 7 S., R. 89 W. of the 5th P. M. Together with any and all ditches and water rights belonging to, used upon or in connection with any and all of said lands abovi described, including, but without limitation, an undivided 1. Interest in and to tl.e At intron Ditch No- 30 ?';d a like i. interest in Priorities No. 23, 109, 147 and 405F; and the Flannery Ditch and i'as Priority No. 1368; and the Hammerich Pipe Line and its Priority No. 521, all in the decrees of the District Court of Garfield County, Colorado, in and for Water District No. 38, together with all rights, title and interest in any e,prin;a and domestic water supply and pipe lines furnishing water to any of said lands above described. Also, all of the grantor's right, title and interest, if any, in the Hammerich Ditch, in said Water District No. 38. Subject however to any and all existing easements and rights of way and particularly, but without limitation, any reservation by previous owners of rights to; use of domestic water fro -n springs supplying water to any of said above described lands Subject, also, to a Coal Mining License Agreement, dated Feb_ 1, 1941, under which the Colorado Fuel & Iron Corporation granted unto Dave Davis the right to mine and extract coal from the ESE+ of Sec. 8, T. 7 S., R. 89 W. of the 8th P. M. Together with all grazing rights appertaining to arty and all of said lands herein and hereby conveyed and particularly any grazing rights on the Public Domain used in connection with said lands, RESERVING, VI.NG, however, three-fourths Of all Minerals of every kind in, upon or under any of said lands, not previously reserved by the United States, of which one- half () of said minerals haviril been previously reserved by former oar -sora a seed lands above described, and one-fourth (a) is reserved by tha grantor borevf, r (Thin conveyance is made for the purpose of correcting errors in da eriptic a e—'miexed iL-t former deed bet-reen the parties herzvte record recitentlitre No. 189180 lr boo g 203 at page 179 of the recorder hi the office of the Clerk and Recorder of Garfield County, Colorado, and az a confirrnatifo of title in the grantees herein named by the grantor herein named in and to the real property above described which was intended to be conveyed by said IDocurnent No. 189180.) .t.1"1/ ; I vzincri 41 ry:th the or the Nr.r; Zr‘i- /Ltsiots add. e!...ryiYor fur h htirs, adro:;:rararuta. nd 41,,eh !hi: 1.1%. rn-Looti.tlf Jec,,tt•r...• a•.•!/:./1 of ?..epo,t cur.-/viatt. thr.o;:!ta • cipta, aad a!, g•o.1 ,•!;;!-Lt, c....to.var an,/ iap,?•_. duti,intt•t.wrant, kr.,1:_n•ni ,:- .1-0.1-L.P.:. 3.!4. re afh; frOl.n. at: L.a.!n n3 !dna !./ n4rr../e. i)PCd IThir• .\ ;i S •-)f i't k:r ./1 .11h, icriv and lies:::!d(t rid f znd td:!ve ha•-••a;ner.; mem-i•:a in ',II, ,titii,t• and pea :ert!!,!r possesiion ef tha 5ftid ptIrtied of the se...eon.] part, the Ce:e/a, th.a!t. :1.65.,Zn9. and 0-2r.j1 r.d•asSitt'AS adrYivor. against tilt and every per.ann or peri claiming or to s.}1 or any pa/l. thereof, the &aid pnrt y of the first partr.,,hhallf Ina ?.j1.WANO WARRANT AND FREVY LP. DEEND, is •!..,L:TNI-.:si4 WliERE(W, tht• y !!le ret part has herelado S Ie ‘•:ontod t:F•I'.'-r1 t!, Prftver.c, •• )4 '4' •.14:Pli b.,;•4.).• tk.la A.D.1955J..-!L r-t)r Y)/FX. J.Hilton'Uix -;" I b lay of rIttr i...tnd a:4! :11'itr:.t.! , / i`loisry ?VIM.) Neils S.Mincer Drra...na ite“ n.its. xf 1//1.6,- a/ •• r. • .--•• •JI.Iter eara.,1.7 J.,csi•;:tion;4 hy anri"....rKtiouyt..")ta inFtrt bone • !.1.4 STATE: OF COLORA o L r car to 12 Iiiturt• x1-,c4trinci1ts A 387 524 Accorded at t,1:38 A.P. ;;eptcrnber 13, 1967 Reception No. 238921 Chas.3. Keegan,iiecorder. DECLARATION QF RESTRICTIONS CHELYN ACRES THIS DECLARATION, made this );.'a day of September, A. D. 1967 by CHESTER E. AXTHELM and EVELYN R. AXTHELM, owners of all the hereinafter property and hereinafter referred to as "declarants" or "owners", do hereby declare: WHEREAS, declarants are the owners of a certain tract of land situate in the W 1/2 of Section 3, Township 7 South, Range 89 West, 6th P.M. in the County of Garfield and State of Colo- rado, and have caused the same to be divided into tracts or lots; and WHEREAS, the declarants desire to subject said lots or tracts of land to certain restrictions, conditions and cove- nants regulating the use and development thereof; NOW, THEREFORE, said owners declare that the following described land, and all parts or portions thereof, shall be restricted by the covenants, conditions, restrictions, charges and agreements hereinafter set forth. PROPERTY DESCRIPTION A tract of land situate in the West 1/2 of Section 3, T. 7 S., R. 89 W., 6th P.M., more particularly described as follows: Commencing at the Section Corner common to Sections 33 and 34, T. 6 5., and Sections 3 and 4, T. 7 5., R. 89 W., 6th P.M. and the true point of beginning; thence S. 00°40'00" E. a distance -of 3177.15 feet along the section line; thence due East a distance of 1102.62 feet to the West R.O.W. of Four Mile Road; thence along said West R.O.W. of Four Mile Road N. 30°23'10" E. a distance of 656.58 feet; thence con- tinuing along said R.O.W. N. 19°16'40" E. a distance of 1231.35 feet; thence continuing along said R.O.W. N. 19°49'10" E. a distance of 1529.62 feet to the Section and Township Line of said Sections 3 and 34 and said Townships 6 and 7 South; thence along said Township Line N. 89°46'50" W. a distance of 2396.62 feet to the Section Corner common to said Sections 3, 4, 33 and 34, the point of beginning. RESTRICTIONS A. This property shall not be used except for resi- dential purposes, and no building shall be erected, altered, placed or permitted to remain on said property other than ane detached, single-family dwelling together with private garage, .guest house, private stable or barn, or other res- idential outbuilding. B.. No dwelling shall be constructed on said land with J Book 387 Page 525 an original construction area of less than 900 square feet of living space on one floor, or on two floors in the event of split-level construction. C. No building shall be located on any tract of land nearer than 30 feet from the front lot line, nor nearer than 10 feet'from any side lot line. For purposes of these covenants any frontage on a public road shall be considered a front lot line and eaves, steps and open parches shall not be considered as part of the building. D. No tract shall be re -subdivided into, nor shall any dwelling be erected or placed on any area of less than one acre, and no tract shall be re -subdivided unless the existing structures conform to the setback requirements of the tracts as re -subdivided. E. There is reserved, for all utility purposes, a right of way and easement five feet in width along each side of all interior lot lines and a right of way and easement ten feet in width along all lot lines bordering all public road rights of way. F. No noxious or offensive activities shall be carried on upon the property or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. G. No live swine or other livestock shall be raised, grown or slaughtered, nor any poultry raised or grown upon anypartof said tract of land. This shall not, however, prohibit the raising of horses, dogs or cats for the per- sonal use of the owners of said land, provided that such ani- mals shall not be raised commercially or used for any commer- cial purpose, and when so raised upon said premises shall be securely fenced within the property owned by the owner thereof. H. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any part of the above described property at any time as a residence, either temporarily or permanently; that no building shall be placed on said land by means of other than new construction, and no building shall be used as a residence, even though new construction, which has been prefabricated and built elsewhere, it being the intention of these covenants to prohibit the use of mobile homes as a residence on said property which have been pre- built and moved to the property. This covenant, however, shall not prohibit precut homes which are actually cons- tructed on the property. 1. .No outside toilet facilities or temporary outbuild- ings shall be permitted.upon any of said land, and each lot owner shall be personally responsible for the proper dis- position of his own garbage and trash, and shall keep the premises in a clean and sanitary condition. J. These covenants shall run with the land, and be binding upon all parties and all persons claiming through or under the owners thereof for a period of fifteen years from date hereof, after which period these covenants shall be automatically extended for successive periods of ten years, -2- Book )87 Pace 526 unless an instrument signed by a majority of the then owners of tracts of land in this area has been recorded agreeing to change the covenants in whole or in part. That in the event Garfield County shall adopt appropriate zoning regu- lations covering this area with provisions therein contained for variances'from the existing zoning laws, these covenants may be changed or altered by the appropriate zoning authority upon following the procedure for variances as may therein be provided. K. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on this `Z day of September, A. D. 1967. STATE OF COLORADO ) COUNTY OF GARFIELD ) CHESTER E. AXTHELM SS. The foregoing Declaration of Restrictions was acknow- ,1`edge4before me this I'day of September, A. D. 1967 "Spy''G�.-JESTER E. AXTHELM and EVELYN R. AXTHELM. ••1 ,A R S.1liVJpess my hand and official seal. 1 G ‘,1NT�r commission expires: ��,/E , 1969• r� • ^z • Y Notary•Pu1 41) 1111111 full 111111 1111111111 11411111111 1111111111111111 631226 07/08/2003 09 41A B1490 P114 M ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT A PROPERTY LOCATED AT 4151 COUNTY ROAD 117, GARFIELD COUNTY, COLORADO AND OWNED BY DON SEATON In accordapce with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979, asi amended, and Resolution No. 2003 - 05 of the Board of County Commissioners of Garfie141 County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Accessory Dwelling Unit The within Special Use Permit is issued subject to the conditions set forth in the above- mentioned! resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield Cpunty, Colorado. BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLO 7 7 o3 Cha'Date 1111111 11111 111111 111 1111111 1111 1111111ID 1111111111111 620997 02/14/2003 03:59P 81437 P426 M ALSDORF 1 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 3'4 day of February A.D. 2003, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 Q03— 0 5 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR AN ACCESSORY DWELLING UNIT FOR A PROPERTY LOCATED AT 4151 COUNTY ROAD 117, GARFIELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for an accessory dwelling unit from Don Seaton, for a property located at 4151 County Road 117 within the A/R/RD zone district; and WHEREAS, the Board held a public hearing on the 3rd day of February, 2003, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 1. 447 1111111111111111111111111111111111111111111111111111111 620997 02/14/2003 03:59P 91437 P427 M ALSDORF 2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP is hereby approved subject to compliance with all of the following specific condition: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The Applicant shall be required to amend the current building permit (for the garage) to include plans for the 600 sq. ft. ADU per the Universal Building Code and any other Garfield County Building Department regulations to be approved by the Garfield County Building Official. \\kott,ii, ,..0 ated.this 1 Othday of February , A.D. 20 03 ie..-;, tet, j '%; ` ' 1 GARFIELD COUNTY BOARD OF i ce' :i .',- � COMMISSIONERS, GARFIELD 0 t._ - ► TY, COLORADO F. r l0+ Q Cl k of the : - : dw / Cha r'�trr11}cii.iL7 on motion duly made and seconded the 'oregoing ` on was adopted by the following vote: COMMISSIONER CHAIR JOHN F. M COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield , Aye Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 2 JOHN R. SCHENK DAN KERST WILLIAM 1. deWINTER, III CAROLYN M.STRAUTMAN SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 302 EIGHTH STREET, SUITE310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: .(970) 943.244T TELECOPIER: 1970} 943-2440 June 27, 2000 Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Boundary Line Adjustment Procedure Our file #9848 Dear Staff: Enclosed is an Affidavit Re: Boundary Line Adjustment related to property in the unincorporated area of Garfield County owned by Robert and Hillery Oddo and Don and Nanette Seaton. The Seaton parcel is described in a Deed recorded as Reception No. 384414 in Book 717 at Page 774, Garfield County Records. The Oddo parcel is described in a Deed recorded as Reception No. 525226 in Book 1068 at Page 27, Garfield County Records. The purpose of this boundary line adjustment is to resolve an existing encroachment of a structure built on the Seaton property which extends onto the southeastern portion of the Oddo property. The encroachment parcel is 0.349 acres and runs along the entire southern boundary of the Oddo parcel a distance of approximately 1,037 feet. The encroachment parcel will be conveyed by Special Warranty Deed and will become part of the Seaton parcel located directly south of the Oddo Parcel. A boundary line adjustment plat will be recorded simultaneously with the Deed and Affidavit. Please feel free to contact me with any questions in this matter. CMS/rlb Enclosure xc: Don Seaton 1111111 11111 11111 111111113111 11111E11 1111111111111 565475 06/27/2000 10:46A 01144 P641 11 ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO 0 Very truly yours, CAROLYN M. STRAUTMAN 1111111 11111 111111 1111111111 111111111311 565474 06/27/2000 10345A B1194 P636 M ALSDDRF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned Affiants, being first duly sworn upon their oaths, depose and state as follows: 1. We are the owners of certain real property situate in the unincorporated area of Garfield County, which is described in Exhibit "A" attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and, therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. b. We hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. AND FURTHER AFFIANTS SAYETH NOT. Done this J /4 day of a.bnw.aalAFllDAY rtl!'N !C c , 2000. Don L. Seaton Robe A.Oddo . ; . S. 0(-00 Hi lery S. Odh ci 7-6 After recording return to: Schenk Kers( & deWinur 302 8th St., Su. 310. Glenwood Springs, CO 81601 11111111111 111111 111 11111 11111 1111111 III 111111111 II I1 565474 06/27/2000 10:45A 61194 P637 M ALSOORF 2 of 5 R 25,00 D 0.00 GARFIELD COUNTY CO STATE OF FLORIDA ) ) ss. COUNTY OF .)4 ) The foregoing document was subscribed and s orn to before me in the County of I VV. le LA State of Florida, this 3 / day of ' t. , 2000, by Don L. Seaton and Nanette L. Seaton. WITNESS my hand and seal. My Commission expires: � YL 'L' aL ,1/4p,YP� Carolyn Rambo o CF,Con ni�tion # CC 734769 z EygBO ED 26, 2002S 4. BONONOIN C ATLANTIC BONGING CO..INt STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 'l Notary Publi The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado, this io44' day of 'c<.,.,e_. , 2000, by Robert A. Oddo and Hillery S. Oddo. WITNESS my hand and seal. My Commission expires: //-.?tr-.aoo. Olundtma1V}10.0ITA..J Neta r Public ODDO PARCEL LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NWI/4SW I/4 OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING EASTERLY OF THE WESTERLY LINE OF SAID SECTION 3 AND WESTERLY OF THE CENTER LINE OF FOUR MILE CREEK AND ALSO WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF.A 60 FOOT ROAD, SAID TRACT BEING DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 3, WHENCE A ROCK FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 3 BEARS N. 0I DEGREES 05' 42' W. 2432.55 FEET; THENCE S. 89 DEGREES 39' 13' E. 1030.13 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE S. 04 DEGREES 24' 13' E. 22.18 FEET ALONG SAID RIGHT OF WAY THENCE 159.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.65 FEET, THE CHORD OF WHICH BEARS S 16 DEGREES 44' 53' E. 158.05 FEET; THENCE S 29 DEGREES 05' 3I" E. 40.88 FEET ALONG SAID RIGHT OF WAY TO A POINT IN THE CENTER OF SAID CREEK; THENCE 5.37 DEGREES 21' 26' W. 42.09 FEET ALONG THE CENTER LINE OF SAID CREEK; THENCE S. 13 DEGREES 55' 14' E. 52.92 FEET ALONG THE CENTER LINE OF SAID CREEK THENCE S. 47 DEGREES 08' 54' W. 41.71 FEET ALONG THE CENTER TINE OF SAID CREEK; THENCE S 31 DEGREES 40' 48' W. 36.73 FEET ALONG THE CENTER LINE OF SAID CREEK; THENCE WEST 1027.38 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 3 WHENCE AN IRON POST WITH A BRASS CAP SET BY THE GARFIELD COUNTY SURVEYOR, FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHWEST CORNER OF SECTION 3, BEARS S. 01 DEGREES 05' 42' E. 1588.97 FEET; THENCE N. 01 DEGREES 05' 42' W. 360.00 FEET ALONG THE WESTERLY LINE OF SAID SECTION 3 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 1111111 11111 111111 11111111111111 1111111111 11111 1111 1111 565474 06/27/2000 10:458 81124 P638 M ALSOORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" Paye 1 of 3 - u. 01- 0 • 11'. o - a:0 N1- .. ,oA z to 3 GI- • -m_I -tX MOM CE ICC =gym$ N - Q -2• ea F - !s - l111 . INAN- E it S 0 � I() d Aiw g a cooo a3 N m ; p a' • sn 3 SEATON PARCEL. :}• •7 Fans u. _.e. -corm A to .deed from Donald 5..11ietchison":, 1 • to Dom 1.. Seaton and Nanette L. Seaton, Joint !ones%ts. 't , A parcel of land situated In the MOM of lection 3,.Township :.,....,:14.' t 7 South. Range 09 Kest of th■ Sixth Principal Meridian. lying ;... •. •.: Easterly of the Sisterly line of said Section 3 and Neetsrly '7 i.ew. of the center of Four Milt Creek, said parcel of land is "j' • decribsd as follows; _ .: •.t: ••? : " "? :;3} 4 Beginning at a point on the Westerly' line of said Section 3, `.;: - �} ,,thence the S*etlon Corner common to Sections 3,4.9 and 10 in •'`::.n 1,:e; said Township and Range bears; S. 01.01'32' E. 1588:•7 feet; :'w• . •the�n.e East 936.78 feet to a point in the center or:said Creek; � . thence S. 17'24'43' W. 53.78 feet along ths.eenter of said Creek; -,�.,-'."� _z ._ .. thence S. 14.55'37' E. 93.36 test along the center of said Creek; : � thence S. 32018'37' M. 93.14 feet along the center of said Creek; a"v.a thence E. 01034'29' W. 33.68 feet along the center of said Creek; :• - thence N. 89030'00' M. 260.61 feats: :: 4. c : ',.l 7,e' 4 ° thence 8. 00030'00" M. 152,00 feet; " . ' • • thence N. 89030'00' Ii. 604.95 feet to a point on the Westerly line • of said Section 3; - - thence N. 01'01'32' M. 398.24 feet along the Mestsrly 11ne •.• - of said Section 3 to the point of beginning. ,OARCEL Bs • - - Ai- 4. i A parcel Of land situated in the MOM; and in the II4S'# of;n�_ Section 3, Township 7 South, Range 89 West of the Sixth = ,..s,.,.5 -T, .� Principal Meridian. lying Masterly of the Westerly right of way ',4,'"'"''' line of the Four Mils Creek County Road end Southerly of the :,Y;.�' Southerly line of the Cbelyn Acres Subdivision am platted. said ;rr,:-yy parcel of land is described as follows:,: :"Beginning at a point, whence'the Section Corner eaaucn to Sections`4'' ' 3,4,9 and 10 in said Township and Range bears; N. 89'30'00' M..{ja 604.95 feet and S. 01001'32' 14 1190.63 feet; --r---n" .: ,''.' ,; •r;� '" thence N. 00030'00' E. 152.00 feet; �, ;thence S. 89030'00" E.•250.65 feet to a point in the tenter of Four 1 Mile Creeks ' thence N. 01034'29' E. 33.68 Leet along the center of.said Creaky:J./. .'.-. thence M. 32018'37" E. 93.14 feet along the center of said Cry s; wia;8 , thence N. 14055'37" W. 93.36 feet along the center of sold Creek; 4: thence N. 17'24'43' E. 53.78 feet along the center of said Creeks •-' thence East 90.60 feet along the Southerly line of said Chelyn ..�.S': ^3• '.Acres Subdivision; • - • '-...-•:,.',:.U.: ::. ;:,'?�s� thence 5. ,1'40'40' E. 36.73 feet; ..;' : • :rr..g. • "`,".thence K. 47'08.54' E. 41.71 Leet along the center of Bald Creek;':` • "`'� thence N. 13035' 14' K. 52.92 feet along the center of said '.reek; '-' thence N. 37021'26" E. 42.01 feet along the center of said Creek;.: ,,r;,` thence S. 84043'06' E. 116.64 feet; 4.• . thence 110.04 feet along the arc of - a curve to the 1eft, having .;w.; T!'t '• a radius of 173.50 feet. the cbord.of which bears N. 81037'02' ..-•`�'11• i7. E. 108.21 feet; .. ; w ......,'P thence 254.50 feet along the arc of a curve to the left, having -:'(i a radius of 330.00 fest. the chord of which bears N. 41021'12' E: _, 248.24 feet to a point on the Westerly right. of wy line of said. ; Cexnt7 Roads •_ • • - *•. �. thence S. 11038'50. 11. 186.10 feet along the Sisterly right of way , �' line of said County Road; .- • thence S. 31009'12' W. 465.39 feet along the Westerly right of way Line of said County Roads. • . . . . • •'- • • :r•.- t:-• thence 259.80 feet along the arc of a curve to the left, having:M ;';' radius of 618.60 feet, the chord of which boars S. 22003'41' M. �'.,; • .- -': 258.71 feet; '.Fi.. •;,•. . thence S. 12058'10' M. 137.24 feet along the Masterly right of way , line of said County Road; =•' thence K. 52056'57' M. 318.94 feet; ' ' thence N. 89030'00" M. 188.00 feet to a point of beginning. :;.? • worm or CARP'......,!;,;,4 f Yr 9TRIZ Or COLORADO • ..A.Iv. - ., •- EXHIBIT "A" . " Page 2 of 3 EXHIBIT "A" A PARCEL OF LAND SITUATED IN THE NW 114 SW 1/4 OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER OF FOUR MILE CREEK. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 3, ALSO BEING A POINT AT THE NORTHWEST CORNER OF A PARCEL DESCRIBED AS PARCEL 'A" IN A DOCUMENT RECORDED IN BOOK 717 AT PAGE 774 OF THE GARFIELD COUNTY RECORDS WHENCE A GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE SOUTHWEST CORNER OF SECTION 3 OF SAID TOWNSHIP AND RANGE BEARS S 01°0I'32" E, 1604.72 FEET; THENCE ALONG SAID PARCEL"A" N 90'00'00" E, 936.78 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "A" ALSO BEING A POINT ON A PARCEL DESCRIBED AS PARCEL "B" AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 717 AT PAGE 774 OF THE GARFIELD COUNTY RECORDS; THENCE N 90°00'00" E, 90.60 FEET TO A POINT IN THE CENTER OF FOUR MILE CREEK, ALSO BEING A POINT ON A PARCEL DESCRIBED IN DOCUMENT RECORDED IN BOOK 619 AT PAGE 706 OF THE GARFIELD COUNTY RECORDS ; THENCE CONTINUING ALONG SAID CENTER OF FOUR MILE CREEK AND SAID DOCUMENT RECORDED IN BOOK 619•AT PAGE 706 OF THE GARFIELD COUNTY RECORDS N 31'40'48" E, 17.33 FEET; THENCE LEAVING SAID CENTER OF FOUR MILE CREEK S 90°00'00" W. 1036.75 FEET TO THE WESTERLY LINE OF SAID SECTION 3; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 3 S 01'01'32" E. 14.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.349 ACRES, MORE OR LESS. SAID PARCEL IS TO BE MERGED WITH A TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 384414, BOOK NO. 717, PAGE NO. 774 IN THE RECORDS OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO. 1 111111 111111!11111111111 1111111111 {11 1111 1111 1111 565474 08/27/2000 10:45A 81194 P640 M AMOR, 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO EXHIIBIT "A" Page 3 of 3 Book 450 ' Page 108 Recorded at - 2:42 - - o'clock�x. • ntemhe r Reception No. 260104 Ella Stenhan5_ ?x.mrder THIS DEED, • Made this / 7'� day of..5E? i ,q ;29 7 3 , between C. E. AXTHELM CO., a partnership, fikak AXTHELM CO., a partnership, PATRICK M.' FITZGERALD and MARILYN A. FITZGERALD of the County of Garfield and state of . Colorado, of tho fiat part, and DONALD H. HUTCHISON. of the County of Mesa and state of Gatorade, of the second part, WITNESSETH, That the said parties of the first pert, for and In consideration of the sum of .Ten Dollars and other good and valuable consideration pQ,gA to the said part iesof the first part in hand paid by the said party of the secoud part, the receipt whereof Is hereby confessed and scimowledged, ha ve remised, released, sold conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second par, 1 his heirs, successors and aaeigne,forever, all the right, title, interest, claim and demand which the said part i e s of the first part have..: in and to the following described Iot or parcel of land sitaete, lying and being in the County of Garfield and State of Colorado, to wit: The certain easement or right of way for the Hammerich Pipeline as shown on the plat thereof recorded in the office of the Clerk and Recorder of Garfield County, Colorado in Plat Book I at Page 74 as Doc. No. 185306; EXCEPTING and RESERVING, however, an easement or right of way four feet in width on each side of the center line of said pipeline as the same is used and in place carrying domestic water to the Axthelm property, together with all s r'ngs and water rights and pipe used.iri connection there — with/4Yurtenant thereto. That second party shall have the right to relocate the alignment a of'the Hammerich Pipeline provided that such realignment shall bei. at second party's sole and awn cost and expense and shall be completed in such manner as not to adversely affect utilization , of said pipeline by Chester E. Axthelm and Evelyn R. Axthelm, their heirs and assigns, at any time. (The'within exception and reservation of the above easement or right of way is for the exclusive use and benefit of C. E. AXTHELM CO. and E. R. AXTHELM CO., TO mEtlarlio etfsors ung Vag17n nag( the enancea and pErle ea thereinto e acme, toga er Vag as ppmrt g belonging or in anywise thereunto appertaining and all the estate, right, title, interest and claim whatsoever, of the mid part les of the first part, either in law or equity, to the only proper use, benefit and behoof of the tad part y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, The said part i es of the first part ha ve hereunto let / theirbands and seal S the day and year first above written. C. . AXTHELM C0... partnership By E a �e . �/e...t� [SEAL] Signed, Sealed and Delivered fa the Presence of surra • urines E. R. AXTHELM CO., a partner] SEP 251973 tIAIE yOCULiE;iiARI ff./ Er • B Patrick tz STATE OF COLORADO, `✓�'r�z p .✓ t County of Garfield 113' • Mar' yn ij. Fitz e The foregoing instrument was acknowledged before me this / 7-7:4 doy tri ,s/�7E 0. e. R. 19.73 ,by� PATRICK M. FITZGERALD, MARILYN A. FITZGERALD, a,r.0 ,-N er as general partner of C. E. AXTHELM CO., and as general partner of E. R. AXTHELM CO. i SEA.L1 --{SEAL] Laj SEAL treeeey Pab11t. .0 by estan! peroin or per.oaa hero Invert name or nasi..; it by person seting In represeutadr, er antic i eepwtty or ea attorney-in-fact, then inset name' of par.oa ra executor, attorna7-In-tact M other capacity or description: If by offlcer of onr- porow then Insert name of such officer or orflrer.. Aa the president or other otfloer► of such corporation. lamina lt—Btandory led.se,e.r, son 111-t-1 Colorado Iterteed nuance., 1101. No. 933. QUIT CLAIM DEED.—Bradford Publishing Co. 11[4[0 Stool. Street, Deemer. Colorado --11-I1 an0pf 868;u;214 RECURDED RECR4j O"CLOCK/2.M. JUL 0 8 1913 `}J i1LOREO ALSDORF, C(JUNtr CLERK STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Tuesday ,the 6th clay of July A D. 19 93 there were present: Bucket' (Elmer) Arhanev _ -_ , Commissioner Chairman Marian Smittl , Commissioner Arnold Mackley , Commissioner Don Deford , County Attorney Mildred Alsdorf Clerk of the Board Chuck,Descheneg , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 93-Q55 A RESOLUTIONCONCERNEDWITH THE APPROVAL OF A FLOODPLAIN S PECIAL USE PERMIT APPLICATION FOR Don L. and Nannette L. Seaton. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Don L. and Nannette L. Seaton for a Floodplain Special Use Permit to allow for the construction of a bridge and Single -Family residence in the regulated floodplain of Pour Mile Creek: See Attachment A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 15th day of June 1993, upon the question of whether the above-described Floodplain Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, bas made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. AM1¢Y 868::r:215 2. That the heating before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Comnussoners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting to allow for the construction of a bridge and Single -Family residence in the regulated floodplain of Four Mile Creek, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Contrnissioners, shall be considered conditions of approval. 2. That the applicant shall have two (2) years to comply with the conditions of approval. The Special Use Permit shall be issued when all conditions are met, and shall expire 180 days after issuance unless the structure has been constructed, Extensions of tixne may be granted if requested prior to the expiration date. 3. Prior to final issuance of a Special Use Permit, the applicant shall submit a finished elevation certificate to ensure that all comers of the proposed dwelling unit are at least one (1) foot above natural grade. Dated this 6th day of July , A.D. 19 93 ATTEST: Cl rk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution wasadopted by the following vote: Fiver (Rurkoy) ArhAnAy Marian I. Smith Arnpld L. Mackley , Aye , Aye , Aye Boor 868:4c;216 STATE OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A D 19 County Clerk and ex -officio Clerk of the Board of County Commissioners via' 868: zr.; 217 Attachment A 7- 89 Sec. 3. A tr. of land in the W'/2S W lying W. of Co. [td.117 and E. of the W. line of Sec. 3 cont. 12.85 Ac. desc. as follows: Beg ata pt. on the W. line of Sec. 3 whence the Sec. Cor. common to Sec. 3,4, 9 and 10 bears S. 01'01'32" E. 1588.87'; thence E. 1027.38'; thence N. 31'40'48" E. 36.73'; thence N. 47'08'54" E. 41.71'; thence N. 13'35'14" W. 52.92'; thence N. 37'21'26" E. 42.09'; thence S. 84'43'06" E. 116.64'; thence 110,04' along the arc of a curve to the left, having a rad. of 173.50', the chord of which bears N. 81'37'02" E.108.21'; thence 254.50' along the arc of a curve to the left, having a rad, of 330.0', the chord of which bears N. 41'21'12" E. 248.24' to apt. on the W. ROW line of Co. Rd. 117; thence 5.11'38'50"W. 186.10'; thence S. 31'09'12" W. 465.29'; thence 259.80' along the arc of a curve to the left, having a rad. of 818.60'; the chord of which bears S. 22'03'41" W. 258.71'; thence S. 12'58'10" W. 137.24'; thence N. 52'56'57" W. 318,94'; thence N. 89' 30' W. 792.95' to a pt. on the W. line of Sec 3; thence N. 01'01'32" W. 398.24' to the P.O.B. Total: 12.85 Ac. Book 446 Recorded at 4:2.._. o'clock .p• M. June 29a 1973 Page 46O Reception No 2,8969 Ella Stephens, ...... ....Recorder, Tf31s DEED, Made this of g day of June between PATRICK M. FITZGERALD and MARILYN A. FITZGERALD ,l9 73, of the County of Garfield and State of Colorado, of the first part, and DONALD H. HUTCHISON of the County of Mega NATE anetiBTARI FIE and State of Colorado, of he second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION XRR4A?in• to the said part ie s of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A parcel of land situated in the WI;SWa and in the NE'SW4 of Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the Westerly right of way line of the Four Mile Creek County Road and Southerly of the Southerly line of the Chelyn Acres Subdivision as platted, said parcel of land is described as follows: Beginning at a point, whence the Section Corner common to Sections 3, 4, 9 and 10 in said Township and Range bears N. 89°30'00" W. 604.95 feet and S. 01°01'32" E. 1190.63 feet; thence N. 00°30'00" E. 152.00 feet; thence S. 89°30'00" E. 280.65 feet to a point in the center of Four Mile Creek; thence N. 01°34'29" E. 33.68 feet along the center of said Creek; thence N. 32°18'37" E. 93.14 feet along the center of said Creek; thence N. 14°55'37" W. 93.36 feet along the center of said Creek; thence N. 17°24'43" E. 53.78 feet along the center of said Creek; thence East 90.60 feet along the Southerly line of said Chelyn Acres Subdividion; thence N. 31°40'48" E. 36.73 feet; thence N. 47°08'54" E. 41.71 feet along the center of said Creek; thence N. 13°35'14" W. 52.92 feet along the center of said Creek; thence N. 37°21'26" E. 42.09 feet along the center of said Creek; thence S. 84°43'06" E. 116.64 feet; thence 110.04 feet along the arc of a curve to the left, having a radius of 173.50 feet, the chord of which bears N. 81°37'02" E. 108.21 feet; thence 254.50 feet along the arc of a curve to the left, having a radius of 330.00 feet, the chord of which bears N. 41°21'12" E. 248.24 feet to a point on the Westerly right of way line of said County Road; thence S. 11°38'50" W. 186.10 feet along the Westerly right of way line of said County Road; thence S. 31°09'12" W. 465.29 feet along the Westerly right of way line of said County Road; thence 259.80 feet along the arc of a curve to the left, having a radius of 818.60 feet, the chord of which bears S. 22°03'41" W. 258.71 feet; thence S. 12°58'10" W. 137.24 feet along the Westerly right of way line of said County Road; thence N. 52°56'57" W. 318.94 feet; thence N. 89°30'00" W. 188.00 feet to the point of beginning, containing 5.45 acres, more or less. Subject to the Protective Covenants and Deed ..estrictions as con- tained on Exhibit "A" attached hereto and made a part hereof. This conveyance is made in compliance with a contract between the parties dated April 22, 1972. TOGETHER with all and singular the hereditament, and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first pari, either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances. No. 463. WARRANTY DEED -For Photon..pble Aet.rd.-Bradford Publlrhl.` Co,, 1824-44 Stout Street. Roarer, Colorado -142 Book 146 Page 461 TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the said part ofrthe second part, his heirs and assigns forever. And the said part1es of the first part, fott hem sei 'r Tse a, executors, and administrators, do covenant, grant, bargain and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presentsthe y a rewell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales. liens, taxes, assessments and encumbrances of whatever kind or nature soever., except 1973 general property taxes, easements and rights of way of a public or private nature, and prior mineral reservations, and the above bargained premises in the quiet and peaceable possession of hi S heirs and assigns against all and every person or persons lawfully part thereof, the said parties of the first part shall and will WARRANT IN WITNESS WHEREOF, the said parties of the first part have and seals the day and year Drat above written. Signed, sealed and Delivered in the Presence of STATE OF COLORADO Patrick M. the said party of the second part, claiming or to claim the whole or any AND FOREVER DEFEND. hereunto set heir handS "-;efa ..[SEAL) v [SEAL] SEAL] Ma jr i lyry(A County of Garfield i } BS. The foregoing instrument was acknowledged before me this 19 73 , by PATRICK N. FITZGERALD and MARILYN A. FITZGERALD. ti> �• „�Lfy. pr�smiasipn expires itiA,r �f'no�c�nr-3. _ter t, L,� Fitz• ,.ld 2a � day of June 0 E. z "z,1g77 STATE OF COLORADO, for record in my office this ,19 . Wi ss my hand and official seal. 0 4 rE pa w Noma.: Publla 1 PV LIIKIKC CO.. Book 446 Page 462 EXHIBIT "A" PROTECTIVE COVENANTS & DEED RESTRICTIONS 1. The following words shall have the following meanings as used herein, to -wit; (a) Property: The land conveyed from Patrick M. Fitzgerald an d Marilyn A. Fjtzgera}d to Donald H. Hutchison located in Section 3 Tp. 7 S, R 89 W, 6th P.M., comprising approximately 5.45 acres (b) Lot or building site: The land the subject hereof. 2. No structures of any sort, on any lot, shall be constructed closer than twenty-five (25) feet to any side lot line or clover than fifty (50) feet from any front lot line. Also, no hedges or fence shall be constructed, grown or maintained on any lot in the subdivision higher than 41 feet, or trees higher than 25 feet in height, but this restriction shall not apply to any natural growth within the area or to patio fences in connection with dwellings. 3. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or any other outbuildings of any description shall be used on any lot. 4. There shall not be permitted or maintained upon any lot or any part thereof, any trade, business or industry, except that owners may rent or lease for residential purposes, when not required for the owner's use. 5. The minimum size of any house erected shall not be less than 1200 square feet measured on the outside walls not including open porches, garages, or carports. 6. Each residence shall contain at least one fully equipped bathroom and all sewage shall be disposed of by means of an individual mechanical sewage treatment facility and leach field as shall be approved by the Colorado State Health Department and Local health agencies having jurisdiction thereof. No tract shall be used in any manner or for any purpose that would tend to pollute nearby streams or other sources of water. 7. The keeping of livestock, poultry, goats and other animals shall be prohibited, except that this restriction shall not apply to family pets and a maximum of two horses per tract , provided that said animals are well kept and provided for and do not become a health hazard or nuisance to the neighborhood. 8. No noxious or offensive conduct or activity shall be carried on upon any tract or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 9. The outside burning of any trash, rubbish or other materials shall be absolutely prohibited. standard and approved barheques and fireplaces shall be allowed for the preparation of foodstuffs only. 10. No gas lines, light and power lines, telephone lines or television cables shall be permitted unless said lines are buried underground and out of sight from their primary source at the lot line to the dwelling and at the owner's expense. Any butane or propane tanks used to service residences shall be installed. underground. 11. The owner of any lot shall complete construction of any structure ' thereon within one (1) year after commencement. 12. The owner of any lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such main- tenance as may be required for this purpose. Book 446 Page 463 13. No building shall be placed upon the property herein by means of other than new construction; it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon property. 14. No structure shall be placed upon any lot which is, or ever has been, or could be made the subject of a specific ownership tax as now defined in Chapter 13 of the Colorado Revised Statutes, 1963. 15. No billboards, signs, or other advertising devices of any nature shall be erected, placed, maintained or permitted upon the property provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise the property for sale or rent insofar as it is necessary to promote the sale and development of such property. 16. No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. 17. No structure shall be placed or located on any lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. Likewise, no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. 18 The existing foliage and vegetation on each lot shall be preserved in as near a natural state as possible. To this end, the same shall not be removed further than twenty feet from the foundation lines of any structure and only to the extent necessary to install driveways, sidewalks and sewage disposal facilities. 19. Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the furnishing of water, gas, sewer service, or for the furnishing of other utility purposes, together with the right to enter for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land ten feet in width along the entire boundary of the property. In the event that the property is resubdivided, easements and rights of way as hereinafter stated shall be reserved along all interior lot lines the same being ten feet in width on each side of each such lot line. 20. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 1981, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote reflected by signed documents duly recorded by the majority of the then owners, it is agreed to change said covenants in whole or in part. 21. If any lot owner or persons acting by, through or under him should violate or attempt to violate any of the covenants herein stated, it shall be lawful for any lot owner or any other person to whose benefit these covenants extend to prosecute any suit in law or in equity to restrain and enjoin the violation of such covenants and to recover damages for such violations and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. 4 Book 446 Page 464 22. The invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect. Seller Purchaser Purchaser Jrtne 29 1973 Recorded at?!..'�9_-.-•-----o'doelc_ P.....Ld., _.-.......-.....-. �.-.........-..--•-•—•—___—.� Book 446 Reception No 258968 Elia StephensPage 4y5 ... r.... _........_... Recorder r. Tins DEED, blade this 079 r day of `,Yutne ,19 73, between PATRICK H. FITZGERALD and MARILYN A. FITZGERALD of the County of Garfield and State of Colorado, of the first part, sad DONALD H. HUTCHISON of the County of Mesa and State of Colorado, of the second part; STAT[ OOCUIriiliTARf HE WITNESSETH, That the said partieS of the first part, for and in consideration of the sum of TEN DOLLARS - AND OTHER VALUABLE CONSIDERATION ....KRQW i6X to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second port, his heirs and assigns forever, all the following described lot or pnrcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A parcel of land situated in the WIISW; of Section 3, Township 7 So. -!1, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Westerly line of said Section 3 and Westerly of the center of Four Mile Creek, said parcel of land is described as follows: Beginning at a point on the Westerly' line of said Section 3, whence t:he Section Corner common to Sections 3, 4, 9 and 10 in said Township and Range bears S. 01°01'32" E. 1588.87 feet; thence East 936.78 feet to a point in the center of said Creek; thence S. 17°24'43" W. 53.78 feet along the center of said Creek; thence S. 14°55'37" E. 93.36 feet along the center of said Creek; thence S. 32°18'37" W. 93.14 feet along the center of said Creek; thence S. 01°34'29" W. 33.68 feet along the center of said Creek; thence N. 89°30'00" W. 280.65 feet; thence S. 00°30'001" W. 152.00 feet; thence N. 89°30'00" W. 604.95 feet to a point on the Westerly line of said Section 3; thence N. 01°01'32" W. 398.24 feet along the Westerly line of said Section 3 to the point of beginning, containing 7.40 acres, more or less. Subject to the Protective Covenants and Deed Restrictions as con- tained on Exhibit "A" attached hereto and made a part hereof. This conveyance is made in compliance with a contract between the parties dated April 22, 1972. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 463. WARRANTY DEED—Far Phelosreohle Renard.—Bradford Pu61Ia5Iet Se., 182444 Stout Street. Dearer. Colorado -14T Book 446 Page 456 i TO HAVE AND TO MOLD the said premises above bargained and described, with the appurtenances, unto the said yyart y of t11gg second part, his heirs and assigns forever. And the said part Les of the first part, :fort ne ;cwes,heir ezccutors, and administrators, do covenant, grant, bargain and agree to and with the said patty of the eccond part, his heirs and assigns, that at the time of the ennealing and delivery of these presents they ar4ell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and toren as aforesaid, and that the same are free and dear from all former and other granta, bargains, sails, liens, taxes, assessments and encumbrances of whatever kind or nature soevery except 1973 general property taxes, easements and rights of way of a public or private nature, and prior mineral reservations, and the above bargained premises in the quiet and peaceable possession of his heirs and assigns against all and every person or persona lawfully part thereof, the said part ie sof the first part shall and will WARRANT 1N WITNESS WHEREOF, the said part ie Sof the first part have and seals the day and year first above written. Signed, sealed and Delivered in the Presence of J the said party of the second part, claiming or to claim the whole or any AND FOREVER DEFEND. hereunto set the irha0.d S Patrick M. Fitzg [M1a(rilyty/JA. r itzger• - ................ _..... _-.. [SEAL] STATE OF COLORADO, }BS. - County of Garfield -"°'Phe foregoing instrument was acknowledged before me this Aft. day of .June ...•:' 49. 7 I by PATRICK M. FITZGERALD and MARILYN A. FITZGERALD. ' : ., 0 1yy i ommission expires jt t. /c,7 .7 . 111 . Witness my hand and •,�u% al seal. IP Do - 1, -.-[SEAL] 0 t -t z STATE OF COLORADO, County of.---.— J 1 hereby certify that this instrument was filed for record in my office this_._..._..._...._ day of . 19 , at.. o'clock ----M., and duly recorded is Book._. » , Page ... Reception No. IG w Notary Public aewcreeu ru•uIHino CO.. Emir,. E 1 EXHIBIT "A" Book 446 Page 457 PROTECTIVE COVENANTS & DEED RESTRICTIONS 1. The following words shall have the following meanings as used herein, to -wit; (a) Property: The land conveyed from Patrick M. Fitzgerald an d Marilyn A. ritzgerald to Donald H. Hutchison located in Section 3 Tp. 7 S, R 89 W, 6th P.M., comprising approximately 7.40 acres. (b) Lot or building site: The land the subject hereof. 2. No structures of any sort, on any lot, shall be constructed closer than twenty-five (25) feet to any side lot line or closer than fifty (50) feet from any front lot line. Also, no hedges or fence shall be constructed, grown or maintained on any lot in the subdivision higher than 412 feet, or trees higher than 25 feet in height, but this restriction shall not apply to any natural growth within the area or to patio fences in connection with dwellings. 3. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or any other outbuildings of any description shall be used on any lot. 4. There shall not be permitted or maintained upon any lot or any part thereof, any trade, business or industry, except that owners may rent or lease for residential purposes, when not required for the owner's use. 5. The minimum size of any house erected shall not be less than 1200 square feet measured on the outside walls not including open porches, garages, or carports. 6. Each residence shall contain at least one fully equipped bathroom and all sewage shall be disposed of by means of an individual mechanical sewage treatment facility, and leach field as shall be approved by the Colorado State Health Department and Local health agencies having jurisdiction thereof. No tract shall be used in any manner or for any purpose that would tend to pollute nearby streams or other sources of water. 7. The keeping of livestock, poultry, goats and other animals shall be prohibited, except that this restriction shall not apply to family pets and a maximum of twohorses per tract , provided that said animals are well kept and provided for and do not become a health hazard or nuisance to the neighborhood. 8. No noxious or offensive conduct or activity shall be carried on upon any tract or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 9. The outside burning of any trash, rubbish or other materials shall be absolutely prohibited. Standard and approved barbeques and fireplaces shall be allowed for the preparation of foodstuffs only. 10. No gas lines, light and power lines, telephone lines or television cables shall be permitted unless said lines are buried underground and out of sight from their primary source at the lot line to the dwelling and at the owner's expense. Any butane or propane tanks used to service residences shall be installed underground. 11. The owner of any lot shall complete construction of any structure thereon within one (1) year after commencement. 12. The owner of any lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such main- tenance as may be required for this purpose. Book 446 Page 458 13. No building shall be placed upon the property herein by means of other than new construction; it being the purpose of this covenant to insure that old buildings will not be moved from previous locations and placed upon property. 14. No structure shall be placed upon any lot which is, or ever has been, or could be made the subject of a specific ownership tax as now defined in Chapter 13 of the Colorado Revised Statutes, 1963. 15. No billboards, signs, or other advertising devices of any nature shall be erected, placed, maintained or permitted upon the property provided that this restriction shall not be construed to prevent appropriate name and address signs and signs that advertise the property for sale or rent insofar as it is necessary to promote the sale and development of such property. 16. No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. 17. No structure shall be placed or located on any lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. Likewise, no landscaping or changes to the existing terrain shall be made which shall obstruct, divert or otherwise alter such drainage. 18. The existing foliage and vegetation on each lot shall be preserved in as near a natural state as possible. To this end, the same shall not be removed further than twenty feet from the foundation lines of any structure and only to the extent necessary to install driveways, sidewalks and sewage disposal facilities. 19. Easements and rights of way in perpetuity are hereby reserved for the erection, construction, maintenance and operation of wires, cables, pipe, conduits and apparatus for the transmission of electrical current, telephone, television and radio lines and for the £urnishing of water, gas, sewer service, or for the furnishing of other utility purposes, together with the right to enter for the purpose of installing, maintaining and improving said utilities along, across, upon and through a strip of land ten feet in width along the entire boundary of the property. In the event that the property is resubdivided, easements and rights of way as hereinafter stated shall be reserved along all interior lot lines the same being ten feet in width on each side of each such lot line. 20. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 1981, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote reflected by signed documents duly recorded by the majority of the then owners, it is agreed to change said covenants in whole or in part. 21. If any lot owner or persons acting by, through or under him should violate or attempt to violate any of the covenants herein stated, it shall be lawful for any lot owner or any other person to whose benefit these covenants extend to prosecute any suit in law or in equity to restrain and enjoin the violation of such covenants and to recover damages for such violations and to recover all costs and attorney fees necessary to enforce the provisions of these covenants. Soot 4b Page k 9 22. The invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions, which shall remain in full force and effect. Seller Purchaser Purchaser .'k 287 524 x2ecorded at 9:3t3 A.M. t;eptember 13,. 1967 Reception No. 2313921 Chas.S.feegan,Hecorder. DECLARATION OF RESTRICTIONS CHELYN ACRES THIS DECLARATION, made this 0 -f --.t Gly of September, A. D. 1967 by CHESTER E. AXTHELM and EVELYN R. AXTHELM, owners of all the hereinafter property and hereinafter referred to as "declarants" or "owners", do hereby declare: WHEREAS, declarants are the owners of a certain tract of land situate in the W 1/2 of Section 3, Township. 7 South, Range 89 West, 6th P.M. in the County of Garfield and State of Colo- rado, and have caused the same to be divided into tracts or lots; and WHEREAS, the declarants desire to subject said lots or tracts of land to certain restrictions, conditions and cove- nants regulating the use and development thereof; NOW, THEREFORE, said owners declare that the following described land, and all parts or portions thereof, shall be restricted by the covenants, conditions, restrictions, charges and agreements hereinafter set forth. PROPERTY DESCRIPTION A tract of land situate in the West 1/2 of Section 3, T. 7 S., R. 89 W., 6th P.M., more particularly described as follows: Commencing at the Section Corner common to Sections 33 and 34, T. 6 S., and Sections 3 and 4, T. 7 S., R. 89 W., 6th P.M. and the true point of beginning; thence S. 00°40'00" E. a distance.of 3177.15 feet along the section line; thence due East a distance of 1102.62 feet to the West R.O.W. of Four Mile Road; thence along said West R.O.W. of Four Mile Road N. 30°23'10" E. a distance of 656.58 feet; thence con- tinuing along said R.O.W. N. 19°16'40" E. a distance of 1231.35 feet; thence continuing along said R.O.W. N. 19°49'10" E. a distance of 1529.62 feet to the Section and Township Line of said Sections 3 and 34 and said Townships 6 and 7 South; thence along said Township Line N. 89°46'50" W. a distance of 2396.62 feet to the Section Corner common to said Sections 3, 4, 33 and 34, the point of beginning. RESTRICTIONS A. This property shall not be used except for resi- dential purposes, and no building shall be erected, altered, placed or permitted to remain on said property other than one detached, single-family dwelling together with private garage, -guest house, private stable or barn, or other res- idential outbuilding. B. No dwelling shall be constructed on said land with J ' Book 387 Page 525 an original construction area of less than 900 square feet of living space on one floor, or on two floors in the event of split-level construction. C. No building shall be located on any tract of land nearer than 30 feet from the front lot line, nor nearer than 10 £eet'from any side lot line. For purposes of these covenants any frontage on a public road shall be considered a front lot line and eaves, steps and open porches shall not be considered as part of the building. D. No tract shall be re -subdivided into, nor shall any dwelling be erected or placed on any area of less than one acre, and no tract shall. be re -subdivided unless the existing structures conform to the setback requirements of the tracts as re -subdivided. E. There is reserved, for all utility purposes, a right of way and easement five feet in width along each side of all interior lot lines and a right of way and easement ten feet in width along all lot lines bordering all public road rights of way. F. No noxious or offensive activities shall be carried on upon the property or any part thereof, nor shall anything be done thereon which may be or may, become an annoyance or nuisance to the neighborhood. G. No live swine or other livestock shall be raised, grown or slaughtered, nor any poultry raised or grown upon any part of said tract of land. This shall not, however, prohibit the raising of horses, dogs or cats for the per- sonal use of the owners of said land, provided that such ani- mals shall not be raised commercially or used for any commer- cial purpose, and when so raised upon said premises shall be securely fenced within the property owned by the owner thereof. H. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any part of the above described property at any time as a residence, either temporarily or permanently; that no building shall be placed on said land by means of other than new construction, and no building shall be used as a residence, even though new construction, which _ has been prefabricated and built elsewhere, it being the intention of these covenants to prohibit the use of mobile homes as a residence on said property which have been pre- built and moved to the property. This covenant, however, shall not prohibit precut homes which are actually cons- tructed on the property. I. .No outside toilet facilities or temporary outbuild- ings shall be permittedupon any of said land, and each lot owner shall be personally responsible for the proper dis- position of his own garbage and trash, and shall keep the premises in a clean and sanitary condition. J. These covenants shall run with the land, and be binding upon all parties and all persons claiming through or under the owners'thereof for a period of fifteen years from date hereof, after which period these covenants shall be automatically extended for successive periods of ten years, -2- Book 387 Paf;e 526 unless an instrument signed by a majority of the then owners of tracts of land in this area has been recorded agreeing to change the covenants in whole or in part. That in the event Garfield County shall adopt appropriate zoning regu- lations covering this area with provisions therein contained for variances'from the existing zoning laws, these covenants may be changed or altered by the appropriate zoning authority upon following the procedure for variances as may therein be provided. K. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, or both. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on this /2.Y. day of September, A. D. 1967. CHESTER E. AXTHELM EVELYN . AXTHELM STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing Declaration of Restrictions was acknow- .01e4ged before me this r L day of September, A: D. 1967 13y,„'Grt;ElsTER E. AXTHELM and EVELYN R. AXTHELM. (.• 1 re ess p I1 s k,1N jr.zcommission my hand and official seal. expires : a� /969. Notary -,-rJ3:'Cep aL............_...._._...a c, ,1]:`�c�. �.._ 7 $sx.a_ti-:a.io '7/`...{'F-5 I. -corder. T!ils LIED, Meatn this 8th .;ay cf April the y..ar of c,;r Lord one thousand. nine hundred and fitly - five between J. ir TO Y of the Cr..anty of And State of Colora:'•.a, of the firet part, shad elaefield OSCAR NIA TT}.EWS and BETTY ;:l.yTT:iiWa No. i. Doc.; 191425 Filed for record Septembe 17, 1955 at 11:50 o'clock A. M., in book 2piat page ? r thereof., . of the County or Garfield .r:d .:!..tate of Colorado, of the a-xcacd part: WITIT2SSE"? 1, That the Haid rn:t y of the ti_si part, frr and in oahaidaTaition of the aua a! One Dollar and other good and valuable consideration to the said party of t'+a ant part in hent; paid by the said pari_e of. tie second part, the r.:eipt whereat is hereby corteaaed and aeltnorriedged, ha s granted, bargained, sold and conveyed, and by these prawns do e3 grant, bargain, tall, convey and tvniirm unto the raid partiu o; the eerond• cart, rat in tenancy to pmaoo but In joint tenancy, the eurriaor of them, their assigns and the Beira std a.ai,-au of suchgLrflror former, all the follow - described tot or parcel of )and, sheat;, 17it3 and b iag in the Couay oL Garfield fled sste of colo_..Jo. to -s t: The SEISW1. of Sec. 34, T. 6 S., R. 89 W. of the 6th P. M.; Lots 2, 3 and 4 and the SZNW , the SW-►NE4 and SWi of Sec. 3 except 9.044 acres of SI-7.1SWi of said Sec, 3 described a3 follows; Beginning at the quarter corner between sections 3 and 10, T. 7 S. , R. 89 W. of the 6th P. M. thence westerly along the southerly line of said SE,SWi a distance of 717. 17 feet, thence N. 0°50' W. 137.79 feet, thence N. 19.331 E. 109.17 feet, thence N. 30°30' E. 188. 15 feet, thence N. 51°38' E. 136.8 feet, ii,Lnce N. 47°23' E. 149.7 feet, thence N. 68°59' E. 189 feet, thence N. 59°24' E. 214.0 feet, thence N. 21°02' E. 75. b3 feet to the easterly boundary of said SE -S :t and thence southerly alonw the easterly boundary of said SEi-S` . 829.66 feet to the point of beginning; all in T. 7 3. , R; 89 W. of the 5th P. M. The SE,';3E4 of Sec. 7; the Si -SW -, N i -SW and SEISE+ of Sec. til NEINE,i of See. 9; the ir'ziliNW',- of Sec. 10, and the W--NW-1, N ',SWI and E+SW; of Sec. 104 all in T. 7 S., R. 89 W. of the 5tii P. M. Together with any and all ditches and water rights belonging to, used upon or in connection with any and all of said lands above described, including, but without limitation, an undivided interest in and to the alt:do.son bitch No. 30 aid a like. t interest in Priorities No. 23, 109, i47 and 403F; and the Flannery Ditch and in Priority No. 136B; and the Harnrnerich Pipe Line and its Priority No, 521, all in the decrees of the District Court of Garfield County, Colorado, in and for Water District No. 38, together with all rights, title and interest in any springs and domestic water supply and pipe lines furnishing water to any of said lands above described. Mao, all of the grantor's right, title and interest, if any, in the Harninerich Ditch, in said Water District No. 38. Subect•however to any and all existing easements and rights of way and particularly, but without limitation, any reservation by previous owners of rights to use of domestic water from springs supplying water to any of said above described lands. Subject, also, to a Coal Mining License Agreement, dated Feb. 1, 1941, under is which the Colorado Fuel & Iron Corporation granted unto Dave Davis the right to mine and extract coal from tie E E2 of Sec. 8, T. 7 S., R. 89 W. of the 6th P. M. Together with all grazing rights appertaining to any and all of said lands herein 1. and hereby conveyed and particularly any grazing rights on the Public Domain u. ed in connection with said lands. RESERVING, however, three-fourths .if all minerals of every kind in, upon or under any of said lands, not previously reserved by the United States, of which os.- half () of said minerals having been previously reserved by former owners of it id lands above described, _and one-fourth (i) is reserved by the grantor herosi: • (Thio conveyance is made for the purpose of correcting errors in 4aa'criptiaa . een't ined in former deed between the erttea berets recorded tfi Desitsunttra3 No. 189180 in book 219 at page 179 of the records is the office of the Clerk and Recorder of Garfield County, Colorado, and as a cgnflrxnatign of title in the grantees herein named by the grantor herein named in and to the real property above described which was intended to be conveyed by said Document No. 189180.) . :f• !PILD :hr ar..! Lh nr.te 1.9H the [h. and 11,1E3 Lriti F•1 eliKISP c. Juv!. ur- tre 1-`4.7t 2art. 4.4r •.:.;ievIZa.i. adr••••.r,tratoi.s. L., .•c-•-•;th 4 th.0 12.'14 tk:e[n. and aroi 3;:ch ,r.E ';‘,1,11 aei.n,o F.tki. et 1.1.1, 7t} ‘.4417.1e. 1..rtU 11,1. .1 KWh] h4, rul FAI'er and LOr1.6 torn. !1.1 ard .f...Jrn a.j tt:a Anew hee ....lie an.; .:1714' (CUL.. ai: r.,rmar ;41-arr.a. in.,;;tru,rancra 0! •,..ha.o.r.rWIfld ..r ;31.ed !!“,•• 1 th- ,?rd.eci )4 ..W!4 Ni i•iti.riT :i1 4)(.4cw ..•/.1R;!. (—lurk anti rte,..'ut.rie( end jt.. above 1:..s.cvline,f, premPv...a in thk• qtiii,•t and pelscabla e( the maid parties of t]!le, tht ot 4.4741, th&r zasio-na and t1'..11•:.eirl u:d avaifzna. of vu'h a4rvivor. asainqt ail and every prann or pe7sons claiming�r tu cialni the whOe or any pa:t therea the a.zid part )' ,,f the Ars'. part shall and will WAS?. NT AND FOREVE:1: W:TNES:4 W.iir..REOP, th7 41444.i pari. y •It the first part ha S 7.444444.4 444t 11 1S hand nod ,Jey and }ear lirat above • red Pit..11c.• :•` jSKA1.11 J. Hilton' [sEA(.1 EA1.1 CountY c;a1.Cieio • / 7ay of A.D.1955- J.. !--1;1,•I'i)t.4 r .-i4 ,Iffic•;11 ?OW Neils S.Mincer . _ . ,r ;011.14•• kW111, 4. cayo-col.7 or :•, • ,..•• •' of •• tett o..criotioo: if by ..411cor. ••4.eporAtta1a.. thee footrt. 114411,4 •uela .•• prololea: “-y•or.cioo. ...coos it. STATE OF COLORA DC1, 0 cg :(44444 F. Ar44) 1.44 •-• • !Litt:rt. tax at. 1.4.1nenLa La: D. %6 5 21 • Dan C. Wadsworth and Margaret Wadswortp To J. Hilton Wix • -WARRANTY DEED Dated July 22, 19 8 Ack. • July 22, 194 bef. Adelia M. Anderson . N. P. Gar. Co. Colo. Cons.j4.0,000.00 $44.00 I;:5.... Conveys,: The SSW and theNW48W4 of Sec. $ and the SSE4 of Sec. 7 Tp. 7 S.. R. $9 W. 6th P.M., together with the Daniel Flannery Ditch and water ri ht connected therewith -pertaining to said land. The SE4SE4 of. Sec. $; the WNWA the NWSW4rarid 'the E2SW-of Sec. 16, Tp. 7 S. R. $9 W. 6th P.M. The SESA of Sec. 34, Tp. 6 S. R. $9 W. 6th P.M., the SWkNE4-,=--the S2NWk, and Lots 2,~3 and 4.,F the NiSW4 [the SW4SW4 and the SESW4 fbf Sec. 3, except 9.044 acres, described as follows: Beginning at the 1/4 corner 'between Se.ctic "3 and 10, Tp. 7 S. R. $9 W. 6th P.M.;: thence West on aline between said 1/4 corner and the NW corner of Sec. 10, Tp. 7 S. R..89 W. 717.17 feet; thence N. 0°50' W. 137.79 feet; thence N. 19°333' E. 109.17 feet; thence N. 30°30' E. 118.15: feet; thence N. 51°3$' E. 136.8 feet; thence N.-47°23' E. 149.7 feet; thence N. 0$°59' E. 169 feet; thence N. 59°24' East 214.6 feet; thence N. 21°C - East. 75.03 feet; thence South $29.66 feet to the place of beginning. Also, th WNW of Sec. 10, Tp. 7 S. R. $9 W. 6th P.M. • Together with all water and water rights, ditch and ditch rights, used in connection or ?appurtenant to said lands, including, but not exclusively, the following: An undivided 1/2 interest in the Atkinson Ditch No. 3 0, and a like interest in the Priorit*es.Nos. 3, 109 and 147, calling for 7.7 cu. ft. of water per second of time.. Also all$ interest in and to the spring- and _dom- estic water supply and pipe lines extending from said spring to the residence house (reserving, however, for the perpetual use of George Hammerich, a suf- ficient supply of water for his own use from said spring from domestic use, through another pipe line to his residence and other improvements). And to- gether with the Mammerich Ditch. Subject to all existing rights of way for roads, telephone lines, power lines, ditches and pipe lines, and all existing easements of any kind or nature now on or appurtenant to said described premises. And subject also to a .Coal Mining License Agreement, dated Feb. 1, 1941, under which the Colorado. Fuel & Iron Corporation granted unto Dave Davies the right to mine and extract coal from the E2Ei of Sec. $, Tp. 7 S. R. $9 W. 6th P.M., containing 160 acres more or less, according to 'the terms and provisions of said Coal Mining License Agreement. Grantors herein reserve to themselves 1/2 of all oil and mineral rights. Together with grazing rights on Public Domain used in connection with the above lands. Filed for record July 27, 194.$ at 9:50 o'clock A.M., and recorded in book 23* at page g'j thereof. ....NEMIIIM.. "Rtcurilcrl at...:..9.7J.U.odcrki.:A..lf: • Jua.y..:.�7•.i_194©'. ReceptloA iru..:ib..ii.2.�..:: ... .e2;'...ff.....FrfJ.t;.t...S_:.,...:�....::..lrecordcr.- - - • Tats flEt:s, •'hlnricthis • twenty second': - ` `dayr;t. `.;•.Tu Aur4nrr1raw tLonaandMoe handredand :forty eight DAN' C. WADSWORTH :and MARGARET .WADSWORTH ''. qif the • County or '. Garfield. T. HILTt)td W1X ::.E f theCounty of: Garfi old '' :: mrd St:rto of Cnlnr:ir1' of the n rl'r •;r 1LTiVESSrTir; That tho said partiesof Ilia brat pnrt,.fot• and in consideration of .the. sum". of • Forty Thousand _ - ( 40,000) - - D014T 1iS. •. to the eoid .part ea.: of the first pari in hand paid by.the anld_part y of the sccoud part. tire. receipt Whereof is Hereby Cellrpssc41 and ar•hnnwledlira lru-ye...":granted, hnrgnincd, Fold anal a ":•:` veldt, and by these presonta du grant, bargain, aell, convey and confirm unto the said part y of the second part hie heirs and assigns forever, all the following described Iot . • 0 a;l• parcel $...': of land, Flticatc, Iying and tieing in the - Canntc of Garel old'' two': State of Coloradn tn•}ritr; ; . iu 7Iir Vol, ref • . And State of Colorado; of the first pest; • The South Half, of-the.8outhwest Qu.nrter (SlSW;) and.the Northwest :Quarter of --the Southwest Quarter (11Yre48W-), Section Eight (8), and . the Southeast Quarter of.the Southeast quarter (SEiSEa) of Section., i Seven (7), Township Beven (7) South, -Range Eighty-nine (89) West of the Sixth (6th) Principal Meridian together -with the Daniel Flannery Ditch and water right connected therewith pertaining to enid.land. The Southeast Qusrter'of the Southeast Quarter•(BE 5Ei) of Section - Eight (8);'.the West Half of the Northwest Quarter. WINW;),'.the .-.. - Northwest Quarter of the Southwest Quarter (Nk;54I1)-and the I Eae;t' Half of the 8iiuthwest Quarter (EiSW+), Section Sixteen (16), Township Seven (7) South; Range Eighty-nine;(89) Went of the Sixth: (6th) P. N. The Southeast Quarter of the Southueet-Quarter (SE1SW;). of Section Thirty-four (34), Township Six (6) South,"Range Eighty-nine (89) West.of the Sixth (6th) P. M; tho Southwest Quarter of the North - 'east Quarter (8'reiNED) the South Half of the Northwest Quarter ' (SiNWi) and Lots Two (2), Three (3) and Four (k), the North Half of the Southwest Quarter (NSW;),,the Southwest Quarter of the ,' Southwest. Quarter (BWOWi) and the Southeast Quarter..of the South- west Quarter (BEo9W*)•of Section Three (3); except 9.044 acres. decoribed ne follows: Beginning at the 1/4' -corner between Sections 3 end 10, Townahip 7 South,'Rnnge 89 West,.thence Wvet'on a line be tween said 1/4 oorner and the N. W. corner of Sec. 10, Township. 1 '7 South, Range 89:W. 717.17 feet;•thenee North 0 deg. 501 West • 137.79 feet; thence North 19 dog. 331 East"109.17 feet; thence '• North 30 deg.101 £aot 118.15 feet; thence North 51 deg. 38'•E'iot ' 136.8 feet' thence North 47 deg.:.23' East 149.7 feet;•thence North 68 deg. 591 East 169 feet; thence North'59 deg..241'Enot 214.6 feet; thence North 21 deg. 021 East 75.93 -feet; -thence South 829.66 feet to the place of'be innin . Also, the Northwest Quarter of the Northwest Quarter NWQNWi) of Section Ten (10), Townehip Seven (7) South, Range Eighty-nine (89) Went of the Sixth (6th) P..!., -I Together with all water and voter righto,.ditch and ditch rights, II used in connection or appurtenant to said lnnde, including, .b ut not, exclusively, the following: . it WAenAN1Y DECD. -71,e 8,.d[ rdnol,!nron rte. r...„ tan, nrDlnwne U sol lnanl,,. 1E2i51- t Loa r..loo,• lionl� 733 An undivided one-half (.h)`'lntereut`•in and..to the Atkintion .Ditch '.: No. 30, and n like interest in 'Priorities Numbers .33, 109 ard1L7,`. calling. for '7.7. cubic feet' of water per second of F twine, ;.,• Also all interest in and to the Spring and domestic -crater supply, .. _ ::and pipe _lines :,extending from said npring- to . the'residence houoe .; •., :.!.(reserving, .however;-for.the perpetual woe of .George Hutamerioh, a -sufficient Supply. of; water:for. his own use from said :spring.for: • domestic une ^..through another pipe - line. to ;his•.reeidence nnd- other.. :" itnprovempntaf.._ Aild together. with theHatnmerich':Ditch. . 8ub�ect' to all' existing. rights ot. way for roads, . telephone fines, :. power' linea;> ditches .and•pipe.:lines, and. all exlstinl; eanements ;.of any kind or nature now enor•appurtenant:to said described premineo, ,; And sub jest also - to a 'Coal _ 11i ning License Arr•eement, • dated Feb, ' 1,-1941,<.under'.which.the Colorado. Fuel & Iron Corporation granted • unto Dave: Davies: the right to mine and extract .coal from the East Half of: theEast Ha1f.(E/E') of Section Eight (8), Townehip._':' Seven (7) South, Range Eighty-nine (89) West of the Sixth (6th) • • P. M., containing 160 acres more orless, according to the 'tenni ' .• .and_provisions of. said Coal Mining License Agreement. Grantors herein -reserve tothemselves one-half, of all o11 and tnineral.rights `: Toeether with' grazing rimilts on Public Domain a�'attlttttl�tr used in connection with the above land TOGETIIIR with all anti singulur the hereditaments awl nppurtenonces thereunto belonging, or in anywise appertaining', and the reversion end reversions, remainder and remainders, rents, issues, and . prafitn; thereof; nnd all the estate, right, title, interest; vloiin and demand whatsoever, of the 6aid port ' iea :-ofthe first part either. in Iawv or equity, of, in and to the above bargained premises, with the icreditaments and appurtenances. TO.ILIVL :t\D TO IIOLD, the said premises above bargained and described, with the epputts, •rtaneesunto' HILTON wI)C the said part y' of the second part lite heirs and asigna forever. ' And the sold DA14 C: WADSWORTH and MARGARET WADSWORTH • parties ` of the first part, - for them selves,theiricira, exerutort and administrators, do covenant, grant, bargain and agree taand with the soidpart y.;' of the second part, :; his. heirs and ossigns,that attile time of the en sealing and delivery of these presents they are rvell seized of the premises above conveyed, as of gent, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee • aim'plc, find ha vet good rigid, fait power mod lawful authority to grant, bargain, sell end convey 'the.. • .'Same in manner and feta] aferewed, and that the Same are free nnd Clear from ell former and other grants, hargnin8,'rn1ea, Bens, taxes, asseasments and !cumbrance,' of whatever hind or nature Hoover. : otti beltilitild ixaFreecio _ _ _ . • . .- .. . - . .._ . .. • - -._ • , ., ' • ' •-littin.tAtillser.nn or V•reans taw !mica tore or Okrr.ra : fir 6, onvin otarm In irrireivatatIrv_ writ orlIda tor.aelir or os attarrlfr.lc,fila. '..i .• .. • , ,- ,. : .. . .- _ ' . .. :-...; 1-.-.. 1.1,of Inert 1,.,n. of Fran al elccuttir, witorner.ln.fort, or otter careens or ducrfplfon: If IV ofrim &row-P..0°n. {.6., rmr,1 c•Loo. of .2.b ; : -. . • . - .. . r_..,:1•;. . ! ' Wrietroro7Inerl, a, Ile ovIdint or 4,11..cr clic-nazi ouch ronpani.L.n. manta; it. •-•,. _ :• " - . L. - ' ' -- . • ' • • .- • • - - - • • • • • - • - • 2336 Executors Deed. 3-30-23. Edith James, Executor of the estate of David S.James, deceased To John Heuschkel. Ack. on S.D. before George Edinger, N.P. Garfield County, Volo. Conveys an undivided 3/20 interest in and to those certain lands and water rights onveyed by that one certain quit claim deed recorded in book 86 at page 615 • of- Garf ield aunty recorded as Doc.# S`7.7QQ,Decree for sale of real estate entered in said Court on arch 29,1923. Decreed that pet:tion}rooeed to sell all the right,title and interest f estate of David S.James,deceased in and to said property, when advisable at public ✓ private sale. Signed J.W.Bell, Judge. In pu$suance of such order, the party of the irst part did on March.29,1923 sell at private sale for total sum of ;1200. to second arty the above described property. Order confirming sale entered in said Court on arch 30,1923. (same property as in Doc.#57708). Filed for record April 4,1923 at ,4:30 o'clock P.M. •&n Book 105 page 92. 2337 Patent. 4-23-1592. United States of America To Richard Dillon. Conveys the 1SW* and SE4N1'U4 Section 3, Tp.7 S.R.59 W.6th P.M., containing 120 acres. (Filed for record April 5,1923 at 8:02 o'clock A.M. in Book 73 page 150. �2,. «.C�ol�y�c��.%,![ i ,���c.�l pig l.a. /�✓pJ 2338 Patent. 6-5_1594. United States of America To Luke Dillon. Conveys the L SW Sec.34, Tp.6 S.R.89 W. -and SWµNWe; SWINE* and Lots 2, 3 and 4 of Sec.3, Tp.7 . R.89 W., containing 155.92 acres. Filed for ,recd d, April 5,1923 at 5:04 o'clock A.M. in Book 73 page 151. / d..Zia� �� c-�c� 4 zCP, � xc z -C (li -J �� /3 u /470) 2 ' Patent. 11-17-1594. United States of America To Richard Heffron. Conveys re 1 '*NW* Sec. 10 and W?SW. Sec.3, Tp.7 S.R.59 W.6th P.M., containing 120 acres. File d/for record April 5 1923 at :06 o'clock A.M. in Book 73 page 152. - t�r 57- /5 e) 2340 Patent. 6-6--150. United States of America To Samuel Baker. Conveys the W NT**; SE*SE4 and N?SE sec.8, Tp.5 S.R.91 W.6th P.M., containing 160 acres. Filed for record April 5,1923 at 5:05 o'clock A.M. in Book 73 page 153. 2341-52342-52343 4&. Ms. 2344 Patent. 5-22-1910. United States of America To Augustus L. Chas. Conveys he SEwSE* Sec.34, Tp.5 S.R.90 W.6th P.A., containing 40 acres. Reserving however o United States all coal in the lands so patented with right to mine and remove same. • Filed for record April 5,1923 at 3:10 o'clock P.M. in Book 73 page 1511-. 52345 Decree of Heirship. 4-5-23. In the matter of the estate of Patrick Brady, eseased, Philip Fitzpa±rick,Administrator . Recites that the above matter came on to e heard by the Court and Court being fully advised in premises finds that said deceased i ied on or about Feb.14,1922, a resident of Garfield County, Colorado, leaving intestate ands; due notice has-been had according to law, that sole -and only heirs at law of II atrick Brady, deceased, and their interests in said estate are Ann McMahon, Sister 1/2 nterest, Patrick McMahon,Nephew, 1/14 int. James C.McMahon,Nephew, 1/14 int; Matt J. cMahon, Nephew, 1 /14 int, Owen McMahon, Nephew, 1/14 interest; Mary McMahon, Niece, x/14 int; Nellie McMahon,Niece ,.1/14 int; Anna McMahon, Niece, 1/14 int. The 1 s 4-407 a-ty Pk 73 /5,457 THE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING: Certificate No.rl.-.._....,._.. ) , - WHEREAS, c'Aft?r4Zi /-C J(`'---;- .. ce.._. .. y .ra:'`'-'?•.`..4 ha..�... deposited in the GENE AL AND OFFIC of the�nited States, a certificate of the Register of the Land Office at,,,n-�--. 47 9 ....whereby it appears / that full payment has been made by the said ./. - /..- according to the provisions of the Act of Congress of t'fe 24th of April, 1820, entitled " An Act making furtherprovision for /the sale of the Public Lauds," and the acts _ supplemental thereto, for the..,.. _l - c eX y4-- 4-- e..... --z 1.. ,�z� - . , - - - - i -t . .. «f` 1 . e4 .. �c�rf-7o . •? - 4 - -_ .. . !-K ,74tC6 .. �`r7rXlrfkl l>t `{ G,C.,c... ,.,. cc-s.CL.Ce r2c.-c*%....,.�c.'rc y .....t 2r. . ... __...,. ,/ `tet t �..,... according to the Official Plat of the Survey of the said lauds, returned to the GENERAL, LAND OFFICE e Sury evore era1, which said Tract has been purchased by the said NOW KNOW YE, That the UN D STATES OF AMERICA, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAV -.,GIVEN AND GRANTED, and ,l:gr these, Rresents DO GIVE AND GRANT, unto the said s`. _...heirs, the said Tract above described; Tt HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belovging unto the said and to..,. _•A ....,._ heirs and assigns forever; subject any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate er intersect the premises hereby granted, as provided by law ; and there is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority of the Unite s In testimony whereof ,: % .. President of the United States of America, have caused these fetters to be made Patent, and the seal of the General Land Office to be hereunto affixed. Gin= t JdiV.EN under my hand at the City of Washington, the j! p da of_., ......_....._.... P� � ��?,,-1�x%tZ`l.Gsr:i%�1�.............: ... y �(el............, in the year of our Lord one thousand n�eh�red and ..i c ty.. u -w ..,...... Wj-Fi iAE SEAL an and e Independence of the United States the one hundred By the President: 7?(77-7 By__........ 6. Recorder of the General Land Office. ecretary. c-. Filed for Record the .,_.,.....,J` clay of...... D. 1-- -. t o'clock ..0 M. GS L GW........ C!/l.-:....... _. . . ..........Recorder. Deputy. 4r `is r s7 iii Dnil. ,plada ihlar, In ihu year of our l+arain-17 too huddled' f ` ' Fa,Y tirlxcea + �• tirrk ,� r {i 1ri'r t N.1t ,)�tic; HILTONWI>�`;t3Li`i'r�15 I t -t ,. �', 3'+1 f ,at Ma• ' 1r ,r_2 G°Unty• tshd /luau of Colarado of tho ifrat psrt,ana f.'..4-2.1 OSClilt V1 AT�HyEWS tint' fBETTYM �r o -1 '1'r'a"z �q0t t /412.":,..`i•-•••,..',.:1•1-dei,uR;t 't• t1 rr a -fir Arid tEtatn of Coloradq of ha ecc°nd paeti ' 4 { r WITH Et3sB u.lilat lite paid intp /+'3 epi; di. , , 1. {eiisial li esarii amnia of the i n'a of tOi eli,ri ur and others }�ood'and lvgluab •'deratlori s ' 1—?1:,\''''..",‘".;'''''''; -+ t5 ,t ;, t g,•, _'-6:'�w, -ti- ? A i,l}7' ] {- 1 -. f --,7 "F0. to thetnld party ' of iha tlr4iimit In 1iad 'Z , d psrtlaa,tif tba etiond prt, •the'_recelpt vshoitof ie.- f she.' rehy tonfoaecd 01111 kn°prledged, ho 8 Bran 1,,.1.„,.4., pard otdcrooroye %sad by tbesa prcaeota do es ri ; ,.,.!,',,• great, bargain, eol1, eativgatid tononaimto the i 1 ,_ • 1- ss, the fiecan� vett, inkier imams! to carmen Ian in +° + lint le'aaaey tin enc dyikof lane, their'assigae' . • r , 1; .ad tastgne a! each eloni or forever, an the follow {� 1ogdescribedfat `- grpaicel ra oifaii11 1 sJt i .r. 6einglalha•-_--J•-•'`,•';'•-":r:'.',-'-.l%oaatyof «^ ttrficld + r` ; and ° dd;towitC1he'S1;SW of'Beef.34,,,T 5= a -I t.; 89 W. sof the 6th P. M:„ , f Lots; d 4 eine the SaNW;,, the SWNE and • SW. or Sec 3:except 9r 044, ncrieaf/o$; ; i4tt: `of saidSec 3 described ae .follows 13eginntng at the quarter corner belie ops --.3 tend 10, _T.' 7 s. -„,,R:.. 89•W of;',... - :916..64 111 M `thettcit westerly along;+, it+ erly line of Still SE,SW; a distance ',..9P7.1.7•• feet; thence. N 0° 50' W,,1t3 i •Nt . +”. et,•: thence N. :19°33' E,:'109.17 feet, •tilenee, 30°30' E 188 15 feet -the" - -IN s. t°30' E: 136._8 feet,* thenceN. 47023': X.,"149;•,7 feet;; thence N 60° 59' .E."4 S ;'thence N ; 59°24' E 214 6 feet; thene ',14.'.-31°02!.7.E.:'.75'. 93 feet to the, wester I dary of said SE;SWi and thence souther along the wenterly boundary of said 5 ',1-14W,ti 829.66 feet to the point of beginning, all in T,:•7 -g..,, -.R.'• 39 Wof the 6th P; 141 The SE', -SE, of. Sec; •7; '-the SZSWg',1,A1 -SW-.1 andSE;St, of see.- 8; the NEINE : •:�i•of Seca- 9the lsiW'-,NW- S of -Ser 1t1 :gnJ ,PF..zNW„ X.W SW',— end EZSW of Set:. I6dd •,all in S. H '83 W of the 6th P,.+`I Together with -any and till ditches'• v•ter rights belonging to used upon or in, i connection with any and ail of sand lan•Y-'t e described; including but without k Iirnitation,? an undivided in[[ est:fn': the Atkinson Ditch No.. 30 and a like interest in Priorities No:. 33;7147 and 4L, . and the Flannery Ditch and its Friorit ;;I No "1368; and the Hammerich Pipe L r � its Priority 110 521;. all In the decree t of the District Court'of'.Garfield Count t orado,:•In and for Water District No .38 ;;1 together with all rights, title and interest n.any springs and domestic water supply i and pipe lines furnishing. water to any aid lands above described , -•- `:-Also;.` nil of thegranter's right,. ti il interest, if any, In the Hammerich j Ditch, in -said Water District No 38. -to Subject however.to any;and all exis asements and rights of way and I particularly, but without limitation, an ; _ rvation-by previous owners of rights to use of domestic water from springs sup y 'g water`to:any of said above described elands =t .;.• a r; :.:. •-' Subject:also, to. a Coal Mining I.iq t .[ A greement, dated Feb ,1, 1941, under which the'Coloratio Fuel -&-Iron CorPorR.Wranted'unto Dave Davis the right to 2 ' mine and extract coalfrom the 'EzE'-,: or ,tA: ; T.: 7 sr , R. 89 W. of the 6th P. M. '1 . 'Together with all grazing _rights alp• -!+;i ing:toany and all of said lands herein ,, and hereby conveyed and particularly pttt h Ss ing rights on the Public Domain used 11 In connection with said landed_ 1 RESERVING;' however, three roue .i c i t 11 -minerals of every kind in, • upon or • a, under any of said lands,, -not previously, i jt ed by the United States; of 'which one- '', half (-z') pf'said minerals having been prevfo ly reserved by former owners of said _;1 lands above described and, one fourth# pi'_ served by the grantor hereof. =` ms TUGETJint with all and singular the;8eredite• appirtafning,.and the revcr,fait'and revcffiona, -on the estate, light, title, interest, aisle and demandIsla law or equity, of, In and to the.'abase bargained premj. ;R Iia. Ins: wink trirffun a.—Tu fu1n17rneN.,r 8r¢d( n4Nu5Y appartenaaces thereunto belonging or In anywise:r. remainders, Sento, leases and profits thereof; and -. fir of the field part y of the first part, either in -.. the hered1Wtaents and appurtenances. itree, eut!e a e Lee nt Pro 3011.16 Rod at. Venter taiu .. - to • , IONA*MibT/11ilOth Ito ton lies shill Itmoithiel iitta dettntbakteith t1iapportteeneet; unto the 4 soli th mina irrinli0 thionAdi. etaftroi,41 hire aq_si9tons of innikeurtivor hr. Azaktitit U1db»yim tank hahim netnews,' ti.na OdutintAtaton;,,:, eal?Orrenent, runt, tur.fieita tikken:to 111 ,loth th soldpatilui olioonit vie, oho tieivor ft them, tiiir v4gni *IA tae ititifitigitni.ntonettrer, that it Delhi et the enneiling end 'delivery et thole piiII. he In.4.!1_,.,"eiti:tveti ert Ow Pit:Legal &hire innveyi.; lto rkt, auto, perfect; obsoblei ond In , f made Obit r 1117R ritatmSlitii;11 h :-:; goad iighltittoower 11, lavita &IA aril/ =,.bauIii1ea:twee iue1aaoiraoformpiresofi, an ittht thitexee Ina ea kelt at fromall ferns r;;; , -Owl other trree!e, kitigettatek be* Ultio,'Nearisteente*i Inettuthineio ti al,ta(evine,klud op. oature,onerei, by. tkie,gqiiitable:tife:Ateiturfticg oPaid tiii•Doctirrierit:Nc4:,1783771d book 282 age1103:611 thVoffICe,-oi the.County Clicend iteabitielcif Gerfe1doupiyvooxado1. ;' -, - - - '4/riki'llitaLt Pirscre et perure:i ten12.463:14 ' . . ..'Ln,l, nunth.ttlat woo 6.1kit,t4u.relt7.1,,./.2.7u'rerIII"m"ilethlrf°""at.""btd"""'u*--:. .: Will'e ta attlmr., ki tzn 1 td.ftsicot or CO= effect 0 imeti " 13,,,Vmdt7 " t Ilif!k:1.1 it 17.1. 4 'enx,tun't thri la Int mr" cr F,a. • -. - _: ItinThtti:s711.1 pinri'-..ini-i.utyrii!:.,,-riitt.IT,±n^,-,:'!-,..:ii-isici.:111: '1..i‘-.:M.i''‘.-fi' ::1:1('' -.651,.::;I:11-"i4.'...1::):: ;`-*/;,..-.'..-.V-. L, , . J.; l'.--,..:—`,..:f7i;.:•;;! 21.a:*;"*.., :::„4, -...-.- ,,. I 1. :It, :Jri- (11- 1\t. ti :-,7 ..„,. .J.: ,.t.: .. ,jI A......;.: '11..111- ,s‘t-Veit' •(--.41 . 1 - xm:ri.,:r.i. 111[11in en wi :1 I eV... 1' , t i 3.. 0-...9111.1--,..4,1 r 1 .'j% . .' *....4,•:, (.;,---:.-. . ''':'.,--=-1:-- I! ,...:',.: ,--..'.2.1...7 •I'iri"r7.crt.'plirrgr110. Irrila. vilICS . 1 .N,........Ir lo ;•.'arij ' 1011:kw. I TR,' 5 71 i2 IR 11 Ilan 16711 ....—..... a