Loading...
HomeMy WebLinkAbout3.0 Correspondence• • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEIH1-bRSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON September 7, 1999 Kit Lyons, Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Re: MF Wilenta, Inc.: Approved Special Use Permit for ADU's Dear Kit: Enclosed please find the first pages, reflecting recording information, for the following documents filed in connection with the MF Wilenta, Inc. Special Use Permit: Correction Quit Claim Deed; Declaration of Well Sharing, Easement and Road Sharing Covenants for Lots A, B and C; and Well Sharing, Road Sharing and Easement Agreement for Lots A, B and 35 Acre Parcel. This recording information should complete your file on this matter. Sincerely, CALOIA & HOUPT, P.C. 7711, Barbara P. Koze ka BPK: nll Enclosures cc: Eugene Chiarelli, w/enc. RECEIVED gEP 8 fggg CHIARELLI-Lyons-ltr-9.doc .J M ALSD 11111111111IIilll111111III1111111III "'IIII1II111111 551221 08/27/1999 03:59P B1147 1 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO • WELL -SHARING, ROAD -SHARING AND EASEMENT AGREEMENT (Lots A, B and 35 -acre parcel) THIS WELL-SHARINGJOAD-SHARING AND EASEMENT AGREEMENT ("Agreement ") is made this day of August, 1999, by and between MF WILENTA, INC., a Colorado corporation (hereinafter "Corporation") and EUGENE CHIARELLI, LLC, a Colorado limited liability company ("LLC"). WITNESSETH: WHEREAS, Corporation is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described in Corporation's Warranty Deed recorded on March 2, 1999, with the Clerk and Recorder for Garfield County, Colorado as Reception No. 541055 in Book 1117 at Page 209; and WHEREAS, said three parcels are referred to herein as Lots "A," "B," and "C," and such parcel designations as used herein correspond to those established in Corporation's Correction Quitclaim Deed attached hereto as Exhibit "A" (and heretofore recorded with the Clerk and Recorder of Garfield County, Colorado) by which certain lot line adjustments were accomplished and by which two of the three parcels were re -designated from their original designations appearing in Corporation's Warranty Deed); and WHEREAS, LLC is the owner of a 35 -acre parcel of real property adjoining Lot A along the eastern boundary line of Lot A, located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described on Exhibit "B" attached hereto (referred to herein as the "35 -acre parcel"); and WHEREAS, a water well has been constructed on the northerly portion of Lot A and operates pursuant to Colorado Division of Water Resources Well Permit No.218997 owned by LLC, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns, and the watering of domestic animals; and WHEREAS, the parties hereto intend that the owners of Lots A, B and the 35 -acre parcel shall equally share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities; and WHEREAS, the Corporation intends to grant and establish herein perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lot B and the 35 -acre parcel; and WHEREAS, with respect to ingress and egress from a public road for the benefit of the 35 -acre parcel, the Corporation further intends that a road constructed and in place over and across Lot B, and providing direct access to Garfield County Road 102, shall also provide access for the CHIARELLI-2nd Well Sharing Agmt 111111111111111111111111111111111 III ''' 1111111111111 551220 08/27/1999 03:5612 B1147 M ALSDORF 1 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO • DECLARATION OF WELL -SHARING, EASEMENT and ROAD -SHARING COVENANTS (Lots A, B and C) THIS DECLARATION OF WELL -SHARING, EASEMENT AND ROAD -SHARING Covenants ("Covenants") is made this tdy of August, 1999, by MF WILENTA, INC., a Colorado corporation (hereinafter "Dec grant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described in Declarant's Warranty Deed recorded on March 2, 1999, with the Clerk and Recorder for Garfield County, Colorado as Reception No. 541055 in Book 1117 at Page 209; and WHEREAS, said three parcels are referred to herein as Lots "A," "B," and "C," and such parcel designations correspond to those established in Declarant's Correction Quitclaim Deed attached hereto as Exhibit "A" (and heretofore recorded with the Clerk and Recorder of Garfield County, Colorado) by which certain lot line adjustments were accomplished and by which two of the three parcels were re -designated from their original designations appearing in Declarant's Warranty Deed); and WHEREAS, a water well has been constructed on the southerly portion of Lot B and operates pursuant to Colorado Division of Water Resources Well Permit No. 218996, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns and the watering of domestic animals; and WHEREAS, it is the Declarant's intent that the owners of Lots A, B and C shall equally own and share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities thereto; and _ WHEREAS, it is the Declarant's further intent to grant and establish perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lots A and C; and WHEREAS, with respect to ingress and egress from a public road, it is the Declarant's further intent that a road constructed and in place over and across Lot B and providing direct access to Garfield County Road 102, shall also provide access for Lots A and C to said County Road under a common access easement; and WHEREAS, with respect to public and private utilities, it is the Declarant's further intent hereby to grant and establish easements across Lots A, B and C as necessary for the underground installation of utilities for the benefit of such Lots. CHIARELLI-1st Well Sharing Agmt 7 AUG 19 '99 02: 50PM CALOR HOUPT, P.C. CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 ORAND AVENUE OLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON VIA FACSIMILE (970) 945-7785 Kit Lyons, Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 August 19, 1999 • P.1 TELEPHONE; (970) 945.6067 FACSIMILE: (970) 945.6292 &mail caloia8choupt@sopris.net Re: MF Wilenta, Inc.: Approved Special Use Permit for ADU's Dear Kit: Enclosed for your records regarding the above -referenced special use permit please find copies of the two pertinent well permits: #218996 issued to MF Wilenta, Inc. and #218997 issued to Eugene Chiarelli. As we discussed today, I intend to record a correction quitclaim deed for the boundary line adjustment merely to resolve inconsistent references between the warranty deed and the current survey work as to which parcel should be known as "B" and which "C." It makes more sense for the parcels to be denominated A, B, and C successively east to west, but whoever originally surveyed these three lots denominated the lot furthest west as B rather than C. This correction quitclaim deed will clarify that the 3 lots are designated as A, B and C, east to west, and the boundary line adjustment is accomplished on that basis. This will not require any changes to the boundary line affidavit or the well -sharing agreements you have reviewed, although I intend to have the well -sharing agreements re-signed so the date of signature on each does not pre -date the correction quitclaim deed (which might be confusing in a future title search). I will send you a copy of the correction quitclaim deed and re-signed agreements for your file once they are recorded. In the meantime, I will confirm for Mr. Chiarelli that he may apply for the building permits for the ADU's. Thank you for your assistance. BPK/fm; enclosure CHIARELLI-Lyons-lir-8 Sincerely, Barbara P. Kozelka AUG 19 Form No. GWS -25 APPLICANT '99 02:50PM CALO & HOUPT, P.C. OFFICE OF THWTATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NER'S COPY EXST WELL PERMIT NUMBER —218996 DIV. 5 CNTY. 23 WD 38 DES, BASIN MD Lot: Block: Filing: Subdiv: MF WILENTA, INC. (EUGENE CHIARELLI, PRESIDENT) C/0 CALOIA & HOUPT, P.C, 1204 GRAND AVE, GLENWOOD SPRINGS, CO 81601 (970)945-6067 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 20 Twp 7 S Rng 87 W 6th P.M. QtSTAtiQEJS FBQJ'4 SE-CTJ.ON LINES 200 Ft. from SOUTH Section Line 1600 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35 acres described as that portion of the S Ya, SE 4, Sec. 20, Twp. 7 South, Rng. 87 West, 6th P.M., Garfield County. Reference attached exhibit A (Southerly Well Parcel). Physical Well Address: 1030 County Road 102, Carbondale, CO • 81623. 4) Approved for a change in legal description for an existing well, Permit No, 215195 (canceled). The issuance of this permit hereby cancels Permit No. 215186. 5) Approved for the use of an existing well constructed under Permit 115055 to a unknown depth, estimated construction date between July 14, 1980 and July 14, 1982 and re -permitted under permit no. 215185 (cancelled). 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and (awns and the watering of domestic animals, 7) The maximum pumping rate shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an Individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) Thls well shall be located not more than 200 feet from the location specified on this permit. NOTE: Expired permit nos. 105049, 115055 & 156763, was previously issued for this lot. Parcel Identification Number (PIN): 23-2391-204-00-081 Assessor Tax Schedule Number: 011266 APPROVED DMW Ranoint Nn State Engineer n�YF ICCIIFr) Alllf; 1 Q innn 8 . FXPIRATIr)MI Werk AI I(; 1 2 'mini AUG 19 '99 02:51PM CALOI HOUPT, P.C. IrOrm No. ' OFFICE OF THE WATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg,, 1313 Sherman St., Denver, Colorado 80203 (303) 866-3591 APPLICANT • OVVNEH'S LUNY WELL PERMIT NUMBER 218997 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: EUGENE CHIARELLI C/o CALOIA & HOUPT, P.C, 1204 GRAND AVE. GLENWOOD SPRINGS, CO 81601 (970)945-6067 PERMIT TO USE AN EXISTING WELL APPROVED WELL LO_C_A_TIQ_N_ GARFIELD COUNTY SW 1 /4 SE 1/4 Section 20 Twp 7 S Rng 87 W 6th P.M. DISTANCESFROM SECTION LINES • 860 Ft. from SOUTH Section Line 1460 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CQNPITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the. permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37.92-602(3)(b)(II)(A) as the only well on a tract of land of ±35,011 acres described as that portion of the S Y:, SE %, Sec. 20, Twp. 7 South, Rng. 87 West, 6th P.M., Garfield County. Reference attached exhibit A (Northerly Well Parcel). 4) Approved for a change in legal description of Permit No. 217374 (canceled). The issuance of this permit hereby cancels Permit No. 217374. 5) Approved tor the installation of a pump in, and the use of, an existing well, constructed on 06/24/99, to a depth of 213 feet, under monitoring hole notice MH -36396, acknowledged 06/23/99. 6) The use of ground water from this well Is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well Is located, 9) This well shall be located not more than 200 feet from the location specified on this permit. NOTE: Expired permit 150428, was previously issued for this parcel. 4- • '-- Parcel Identification Number (PIN): 23-2391-204-00-062 Assessor Tax Schedule Number: 011148 APPROVED DMW Receipt No. Stele Eng%neerBv DATE ISSUED AUG 1 8 1999 EXPIRATION DATE AUG 18 2001 CALOIA & HOUPT, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON Kit Lyons, Planner Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 August 4, 1999 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 E-mail: caloia&houpt@sopris.net Re: MF Wilenta, Inc.: Approved Special Use Permit for ADU's Dear Kit: Enclosed for your review please find the following regarding the above -referenced Special Use Permit: (1) a copy of an Affidavit Regarding Boundary Line Adjustment (with attachment) and an accompanying Quitclaim Deed (adjusting the lot lines between the three lots owned by MF Wilenta, Inc.; as you may recall. only the lot line adjustment between Lots 2 (aka Lot B) and 3 (aka Lot A) was necessary for the special use permit, the lot line adjustment between Lot 1 (aka Lot C) and Lot 2 does not affect the ADU approval); these documents are currently being recorded by the Clerk and Recorder's office; and (2) a copy of MF Wilenta, Inc.'s Declaration of Well -Sharing, Easement and Road - Sharing Covenants (for Lots A, B and C): this document provides well -sharing provisions with regard to Well Permit No. 215185 (an exempt well located in the southerly portion of Lot 2), as well as the access easements so Lots 1 and 3 can use the existing access driveway to County Road 102; and (3) a copy of a Well -Sharing, Road -Sharing and Easement Agreement between MF Wilenta, Inc. and Eugene Chiarelli, LLC regarding well -sharing and access provisions for Lots 2 and 3 and the adjacent 35 -acre parcel; please note the Well Permit number for this agreement is not completed yet pending receipt of the number from the Division of Water Resources; the original permit issued in April (#217374) is being replaced because the well needed to be drilled more than 200 feet from the original location. We expect to receive that information shortly. CHIARELLI-Lyons-Itr-7 RECEIVED AUG 0 5 1999 AARFIELD COUNTY PLANNING DEPARTMENT 109 6TH ST. - SUITE 303 GLEN o o D SPRINGS, CO 81601 CALOIA & HOUPT, P.C. Kit Lyons, Planner August 4, 1999 Page 2 Please let me know whether you need any further information or whether the Special Use Permit can be issued. Until we have your approval (and the new well permit number), we will not record the two agreements. Thank you for your assistance. Sincerely, CALOIA & HOUPL. P.C. Barbara P. Kozelk BPK/fm Enclosure CHIARELLI-Lyons-ltr-7 • AFFIDAVIT REGARDING BOUNDARY LINE ADJUSTMENT Eugene Chiarelli, the undersigned affiant, being over the age of eighteen years and first duly sworn, deposes and states as follows: 1. I am the President of MF Wilenta, Inc. MF Wilenta, Inc. is the owner of real property located in an unincorporated area of Garfield County, which property is described in MF Wilenta, Inc.'s Warranty Deed, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The real property is comprised of three (3) lots approved by subdivision exemption under Resolution No. 78-57 of the Garfield County Commissioners recorded on August 17, 1978 in Book 514 at Page 320 in the real estate records of Garfield County Clerk and Recorder. Said approval pre -dates the necessity for a plat of the exemption. 2. MF Wilenta, Inc., is desirous of adjusting the boundary lines of the three lots (as between the lots only and not with any other adjacent parcels of real property) and signs this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. The lot line adjustments shall be accomplished by quitclaim deed recorded concurrently herewith, identifying the legal descriptions of those portions of the lots transferred. 3. MF Wilenta, Inc., hereby represents that no new lots will be created and therefore 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. MF Wilenta, Inc., hereby represents that none of the parcels of property involved in this Boundary line adjustment is part of a previously platted subdivision of record. 5. MF Wilenta, Inc., hereby represents 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. 6. MF Wilenta, Inc., hereby represents that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANT SAYETH NOT. DONE this STATE OF COLORADO ) ss. COUNTY OF GARFIELD day of July, 1999. Acknowledged, subscribed, and sworn to before me this Chiarelli as President of MF Wilenta, Inc., a Colorado Corporation. RECEIVED ANTF5ss1S9hand and official seal. My C GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 CHIARELLI-Boundary Line mission expires: day of i at/ , 1999, by Eugene Notary Public MY COMMISSION EXPIRES: OCTOBER 25, 2000 ....................... Filed for record the • day of • Reception No. ,A.D. 19 , at o'clock M. Dy RECORDER. DEPUTY. WARRANTY DEED THIS DEED , Made on this day of March 01, 1999 between WILSON F. HARRIMAN AND LISA HARRIMAN of the County of GARFIELD and state of Colorado , of the Grantor(s), and MP WILENTA, INC. A COLORADO CORPORATION whose legal address is : 0136 LEWIS LANE, BA T, co 81621 of the County of // 114 L'AGLEand State of Colorado WITNESS, That the Grantor(s), for and in consideration of the sum of ( *** One Million Three Hundred Thousand and 00/100 +++ , of the Grantee(s): $1,300,000.00 DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm .into the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, siWrite, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED IIERETO AND MADE A PART HEREOF TOGETHER WITH, BUT WITILOUT WARRANTY, ALL WATER RIGHTS APPURTENANT TO OR USED UPON THE PROPERTY. also known as street number 1030 COUNTY ROAD 102„ CARl3ONDALE, CO 81623 TOGETHER with all and singular and 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 Grantor(s), either jn law or equjty, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is Hell seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS POR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OP WAY OP RECORD AS SET FORTH ON ATTACHED EXHIBIT "B" MADE A PART IIEREOP BY REFERENCE. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above pargained premi possession of the Grantee(s), his heirs and assigns, against all anis every person or any part thereof. The singular number shall include the plural, and the plural shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set ses in the quiet and peaceable or persons lawfully claiming the whole the singular, and the use of any gender forth above. LEGAL DESCRIPTION PARCEL A: Our Order No. GW230642-4 A PARCEL OF LAND SITUATED IN THE SE/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED AND NORTIIERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAIb SECTION 20; THENCE S. 89 DEGREES 19'41" W. 1143.00 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 20 TO A REBAR AND CAP IN PLACE, THE TRUE POINT OF BEGINNING; THENCE S. 89 DEGREES 19'41" W. 186.00 FEET ALONG SAID SECTION LINE TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT IN SAID FENCE; THENCE N. 89 DEGREES 32'41" W. 24.00 FEET ALONG SAID FENCE; THENCE NORTH 200.01 FEET; THENCE N. 30 DEGREES 00'00" W. 440.52 FEET; THENCE NORTH 736.96 FEET TO A POINT IN THE EXISTING FENCE ON THE SOUTHERLY LINE OF SAID COUNTY ROAD NO. 102; THENCE S. 89 DEGREES 34'39" E. 430.25 FEET ALONG SAID FENCE; THENCE SOUTH 1332.81 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND SITUATED IN THE W/2SE/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED, AND NORTHERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE S. 89 DEGREES 19'41" W:1329.00 FEET TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT OF SAID FENCE; THENCE N. 89 DEGREES 32'41" W. 689.37 FEET ALONG SAID FENCE TO THE TRUE POINT OF BEGINNING; THENCE N. 89 DEGREES 32'41" W. 280.00 FEET ALONG SAID SECTION LINE; THENCE NORTH 1316.31 FEET TO A POINT IN AN EXISTING FENCE ON THE SOUTHERLY LINE OF SAID COUNTY ROAD NO. 102; THENCE S. 89 DEGREES34'39" E. 455.47 FEET ALONG SAID FENCE; THENCE SOUTH 357.54 FEET; THENCE S. 30 DEGREES 00'00" W. 230.94 FEET; THENCE SOUTH 353.71 FEET; THENCE S. 30 DEGREES 00'00" W. 120.00 FEET; THENCE SOUTH 300.00 FEET TO A POINT IN AN EXISTING FENCE, THE TRUE POINT OF BEGINNING. PARCEL C: A PARCEL OF LAND SITUATED IN THE W/2SE/4 OF SECTION 20, TOWNSHIP 7 SOUTII, RANGE RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 Our Order No. GW230642-4 LEGAL RESFRIPTION 87 WEST OF THE SIXTH'PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO LYING SOUTHERLY OF COUNTY ROAD NO. 102 AS FENCED AND NORTHERLY OF A FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE S. 89 DEGREES 19'41" W. 1329.00 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 20 TO A POINT IN AN EXISTING FENCE; THENCE NORTH 19.50 FEET ALONG SAID FENCE TO AN ANGLE POINT IN SAID FENCE; THENCE N. 89 DEGREES 12'41" W. 26.00 FEET TO THE TRUE POINT OF BEGINNING THENCE N. 89 DEGREES 02'41" W. 665.37 FEET ALONG SAID FENCE; THENCE NORTH 300.00 FEET; THENCE N. 30 DEGREES 00'00" E. 120.00 FEET; THENCE NORTH 353.71 FEET; THENCE N. 30 DEGREES 00'00" F. 230.94 FEET; THENCE NORTH 357.54 FEET TO A POINT IN THE EXISTING FENCE ON TME SOUTHERLY LINE OF SAID COUNTY ROAD NO. 102; THENCE S. 89 DEGREES 34'39" E. 269.62 FEE7�ALONG SAID FENCE; THENCE SOUTH 736.96 FEET; THENCE S. 30 DEGREES 00'00" E. 440.52 FEET; THENCE SOUTH 200. 01 FEET TO A POINT IN A FENCE AS CONSTRUCTED AND IN PLACE TIIE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO EXIIIBIT 13 Our Order No. GW230642-3 THE EFFECT OP INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTkkER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGlITS. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE I11S ORE THEREFROM SHOULD THE SAME BE FOUND TO PENBTR4TE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, 1907, IN BOOK 73 AT PAGE 2. RIGHT OP WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 22, 1907, IN BOOK 73 AT PAGE 2. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION NO. 78-57 RECORDED August 17, 1978 IN BOOK 514 AT PAGE 320. 'EASEMENTS AND RIGHTS OP WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENTS RECORDED JULY 30, 1980 IN BOOK 552 AT PAGE 934, AT PAGE 935 AND AT PAGE 937. EASEMENTS AND RIGHTS OP WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 QUITCLAIM DEED THIS DEED is made this ,), tiay of July, 1999, between MF WILENTA, INC., a Colorado corporation ("Grantor") and MF WILENTA, INC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: See Exhibits A, B, C & D attached hereto and incorporated herein by this reference. This quitclaim of the parcels of real property described in said Exhibits A, B, C & D is intended to accomplish boundary line adjustments among the three parcels conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209. Said parcels were created by approved subdivision exemption prior to the requirement for platting such exemptions. A Boundary Line Affidavit by MF Wilenta, Inc. is recorded concurrently herewith. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto 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. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: MF WILENTA, INC., A Colorado corporati•n By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD care i. President The foregoing was acknowledged before me thisc day of July, 1999, by Eugene Chiarelli as President of MF Wilenta, Inc., a Colorado corporation. WITNESS my hand and official seal. My Commission expires: /0 - RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81801 Notary Public= ��. °UBL�G q/ O "COC ' PQ.\\`. MY COMMISSION EXPIRES OCTOBER 25, 2000 • • Parcel c to Parcel B EXHIBIT "A" A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41 "W 689.37 feet Along said fence to the True Point of Beginning; thence N 89°32'41'W 32.82 feet; thence N 32°43'46"E 60.69 feet; thence South 51.32 feet to the point of beginning, containing 842 square feet more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 8 July 1999 After recording please return to: CAl01A & HOUPT, P.C. 1204 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 • • EXHIBIT "B" Parcel A to Parcel B A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence N 49°56'45'W 2055.25 feet to a point on the Southerly right-of-way line of Garfield County Road No. 102, the True Point of Beginning; thence S 89°34'39"E 74.93 feet along said Southerly right-of-way line; thence S 08°37'06'W 500.00 feet; thence North 494.90 feet to the True Point of Beginning, containing 0.426, acre more or - less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 8 July 1999 RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 • • EXHIBIT "C" Parcel B to Parcel A A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6111principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41'W 1329.00 feet along the Southerly boundary Zine of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence, thence N 89°32'41'W 26.00 feet to the True Point of Beginning; thence N 89°32'41'W 391.66 feet along said fence; thence North 120.50 feet; thence N - 12°26'34"E 367.65 feet; thence N 18°26'12"E 210.12 feet; thence N 10°17'38"E 143.92 feet; thence South 242.06 feet; thence S 30°00'00"E 440.52 feet; thence South 200.01 feet to the True Point of Beginning, containing 3.846 acres more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 8 July 1999 RECEIVED AUG 0 5 1999 FLANNINi:, Litt"r',i i ViENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 • • Parcel B to Parcel c EXHIBIT "D" A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 61h Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41'W 589.37 feet alohg said fence; thence North 51.32 feet to the True Point of Beginning; thence North 248.68 feet; thence N 30°00'00"E 120.00 feet; thence North 353.71 feet; thence N 30°00'00"E 230.94 feet; thence North 357.54 feet to a point on the Southerly right-of-way line of Garfield County Road No. 102; thence S 89°34'39"E 171.10 feet along said Southerly right-of- way line; thence S 07°26'49'W 199.68 feet to a power pole in place; thence S 08°03'37'W 742.72 feet to a power pole in place; thence S 26°32101"W 81.36 feet; thence S 04°21'42" W 105.30 feet; thence S 56°01'35'W 159.23 feet; thence S 32°43'46'W 74.24 feet to the True Point of Beginning, containing 4.521 acres more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 8 July 1999 RECEIVED AUG 0 5 1999 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 • • COQ DECLARATION OF WELL -SHARING, EASEMENT and ROAD -SHARING COVENANTS (Lots A, B and C) THIS DECLARATION OF WELL -SHARING, EASEMENT AND ROAD -SHARING Covenants ("Covenants") is made this /,,,t' --day of July, 1999, by MF WILENTA, INC., a Colorado corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described on Exhibit "A" attached hereto (referred to herein as Lots "A," "B," and "C"; Exhibit A consists of a copy of Declarant's Warranty Deed for the property as well as a cross-reference to the recorded Quit Claim Deed and Boundary Line Affidavit by which the lot lines of Lots A, B and C have been adjusted); and WHEREAS, a water well has been constructed on the southerly portion of Lot B and operates pursuant to Colorado Division of Water Resources Well Permit No. 215185, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns and the watering of domestic animals; and WHEREAS, it is the Declarant's intent that the owners of Lots A, B and C shall equally own and share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities thereto; and WHEREAS, it is the Declarant's further intent to grant and establish perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lots A and C; and WHEREAS, with respect to ingress and egress from a public road, it is the Declarant's further intent that a road constructed and in place over and across Lot B and providing direct access to Garfield County Road 102, shall also provide access for Lots A and C to said County Road under a common access easement; and WHEREAS, with respect to public and private utilities, it is the Declarant's further intent hereby to grant and establish easements across Lots A, B and C as necessary for the underground installation of utilities for the benefit of such Lots. DECLARATION NOW, THEREFORE, by this instrument the Declarant grants, creates and establishes the following easements, covenants, conditions and restrictions to run with the land known and GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 CHIARELLI-1st Well Sharing Agmt July 22, 1999 RECEIVED AUG 0 5 1999 DECLARATION Page 2 of 5 described hereinabove as Lots A, B and C, which shall bind the Declarant, as owner thereof, and its grantees, successors and assigns: 1. Ownership of Well and Appurtenant Facilities; Easements for Pipelines. The respective owners of Lots A, B and C each shall own, appurtenant to their respective Lots, an undivided one-third (1/3) interest in and to the well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the well. The owner of an individual lot shall be the sole owner of any and all facilities used exclusively for the benefit of such lot, including individual service lines and storage tanks. The owners of Lots A and C each are hereby granted a perpetual and non-exclusive easement over and across Lot B for the- installation, use, maintenance, service, repair and replacement of the well and for pipelines and power lines installed and connected thereto to provide water to Lots A and C, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient lot owners in accordance with the criteria for the location of utility easements set forth in paragraph 7 below, including the provisions for surveying agreed-upon easement locations and recording the legal descriptions thereof. 2. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with the well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally by the lot owners. Such costs shall be allocated one-third to each lot, except a lot owner shall be solely responsible for the cost of maintenance, operation, repair, and replacement of facilities used exclusively by such lot owner, including individual service lines and storage tanks. The lot owners shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the lot owners are unable to so agree, any lot owner is entitled to undertake the minimal maintenance, repair, replacement, service or improvement necessary and essential for proper functioning of the well and associated common facilities. If a lot owner undertakes such work, it shall notify the other lot owners in writing. The lot owner undertaking the work shall, upon completion, provide the other lot owners with a written statement of the work performed, identifying each other owner's proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other lot owners as provided for common expenses under paragraph 9 below. 3. Use of Water. The owners of Lots A, B and C shall be entitled to use water from the well for one single-family dwelling per lot (whether primary or accessory), to irrigate up to one-third acre of lawn and garden per lot, and to water up to two domestic animals per lot. All such uses shall be made in accordance with the terms and conditions of the well permit. Lot owners shall be entitled to use so much of the water from the well (up to their limit) as needed, so long as diversions from the well at no time exceed 15 g.p.m. If, from time to time, the well does not provide water at the rate of 15 g.p.m., each lot shall be entitled to its pro -rata share of the available water. Domestic, in-house uses shall take priority over outside uses. CHIARELLI-1st Well Sharing Agmt • • DECLARATION Page 3 of 5 4. Installation of Facilities. If necessary, the owners of Lots A and C may install a power source, meter, pipelines and other facilities in and to the well to serve their lots. A lot owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 5. Access Easements. A perpetual, nonexclusive and common easement twenty (20) feet in width is hereby granted for the benefit of Lots A and C over and across an access road constructed and in place on Lot B, for the purpose of providing access to Lots A and C from Garfield County Road 102. The easement shall be ten (10) feet in width on either side of the centerline of the existing access road. Additionally, the owners of Lots A and C each are hereby granted a perpetual and nonexclusive easement in such reasonable locations across Lot B as the owner of Lot B shall hereafter agree, for the purpose of constructing driveway extensions from the existing access road, one extension to the boundary of Lot A and one extension to the boundary of Lot C. Once a location for an extension is agreed upon, the owner of the lot benefitted thereby shall have such location professionally surveyed and the legal description shall be recorded with the Clerk and Recorder of Garfield County, Colorado with a cross-reference to these Covenants. 6. Road Improvements, Maintenance and Expenses. The costs of maintaining, repairing and improving that part of the access road benefitting all lots (including regrading, snowplowing, and resurfacing, when necessary) shall be a common expense within the meaning of paragraph 9 below, shared by the owners of all lots in proportion to the length of access road used by each owner to the length of access road used commonly by all owners. The lot owner benefitted by an access road extension to their lot shall be solely responsible for the construction, maintenance, servicing and repair of said access road extension, and all costs associated therewith. Declarant hereby reserves the right to grant additional easements for access over and across the access road for the benefit of property other than Lots A, B and C, so long as each new user is required to proportionately share in the costs of maintaining, repairing and improving that portion of the access road used in common with Lots A, B and/or C. 7. Utility Easements. Mutual, perpetual and nonexclusive easements are hereby granted and established by Declarant across each of Lots A, B and C as necessary for the benefit of each other said Lot for the purpose of installation, use, maintenance and repair of utility lines, public and/or private. The owner of a Lot shall be entitled to install new utility lines and/or connect onto existing utilities in place on either or both of the other Lots, in such reasonable locations as determined in accordance with the provisions below in this paragraph. The owner of a lot installing a new utility line and/or making a connection to an existing utility line shall be solely responsible for payment of such installation and/or connection. Additionally, an owner connecting to an existing utility line shall reimburse to the existing utility user(s) their proportionate cost of construction and installation of the commonly -used portions. All utilities shall be installed underground. Where possible, all utilities shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible, and in those instances where a utility easement is not described on CHIARELLI-1st Well Sharing Agmt • • DECLARATION Page 4 of 5 another recorded document, the lot owner installing the utility line shall confer with the affected servient lot owner(s) to mutually agree upon a location for installation that does not interfere with existing or proposed structures and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall thereafter be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to these Covenants. 8. Waste. No lot owner shall waste water and each lot owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 9. Payment of Common Expenses. The owner(s) of a lot shall pay their proportionate share of common expenses no later than thirty (30) days after the date an invoice or written statement of expenses is presented for payment. In the event a lot owner fails to pay its share of common expenses within sixty (60) days of presentment, interest on all unpaid amounts shall accrue at ten percent (10%) per annum, commencing sixty (60) days after presentment. If a lot owner fails to pay all amounts due with interest thereon within six months after the date of presentment for payment, any lot owner who has paid part or all of such common costs and expenses shall be entitled to pursue all remedies available at law or in equity and shall be entitled to recover reasonable attorneys' fees and costs incurred therefore. Nothing shall obligate a lot owner to pay utility charges if said owner has not yet connected onto the utility. 10. Notice. Any written notice to a property owner contemplated under these Covenants shall be provided by personal delivery or by certified mail, return receipt requested, sent to the addressee at his mailing address of record according to the records of the Assessor for Garfield County, Colorado. 11. Enforcement. Each lot owner shall have the right to enforce these Covenants, or seek redress for a breach hereof, by pursuit of all remedies available at law or equity. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 12. Binding Effect; Covenant to Run with Land. These Covenants shall inure to the benefit of and be binding upon the owners of Lots A, B and C, their grantees, successors and assigns. Upon execution, these Covenants shall be recorded with the Garfield County Clerk and Recorder and shall run with the lands described herein as Lots A, B and C. CHIARELLI-1st Well Sharing Agmt • • DECLARATION Page 5 of 5 13. Amendment; Termination. This Agreement may be amended, supplemented or terminated only by a written instrument executed by all owners of record of Lots A, B and C, together with the written consent of all persons (if any) holding a beneficial interest in a lot under a deed of trust or mortgage duly recorded with the Clerk and Recorder for Garfield County, Colorado. The recording of legal descriptions for the agreed-upon location of easements to be determined hereunder, shall not constitute an amendment or supplement to these Covenants within the meaning of this paragraph. 14. No common interest community or planned community. It is not _ the Declarant's intent hereby to create or establish a common interest community or planned community within the meaning of Section 38-33.3-101, et seq. of the Colorado Common Interest Ownership Act. 15. Severability. If any provision of these Covenants shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect or impair the validity, legality or enforceability of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision(s). 16. Plural; Gender. The singular as used in these Covenants shall include the plural where applicable and vice versa. The use of gender herein is for grammatical purposes only. IN WITNESS WHEREOF these Covenants are made on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this Z6 day of _lazy ss. By MF WIL ugen X" iarelli, President 1999, by Eugene Chiarelli in his capacity as President of MF Wilenta, Inc. WITNESS my hand and official seal. My Commission expires: CHIARELLI-1st Well Sharing Agmt /0-2 5-100 6292J&.s oz Notary Public "iiyi9 MY COMMISSION EXPIRES: OCTOPER 25, 2000 • • GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWOOD SPRINGS, CO 81801 RECEIVED AUG 0 5 1999 WELL -SHARING, ROAD -SHARING AND EASEMENT AGREEMENT (Lots A, B and 35 -acre parcel) THIS WELL -SHARING, ROAD -SHARING AND EASEMENT AGREEMENT ("Agreement ") is made this (hi -_day of July, 1999, by and between MF WILENTA, INC., a Colorado corporation (hereinafter "Corporation") and EUGENE CHIARELLI, LLC, a Colorado limited liability company ("LLC"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described on Exhibit "A" attached hereto (referred to herein as Lots "A," "B," and "C"; Exhibit A consists of a copy of Declarant's Warranty Deed for the property as well as a cross-reference to the recorded Quit Claim Deed and Boundary Line Affidavit by which the lot lines of Lots A, B and C have been adjusted); and WHEREAS, LLC is the owner of a 35 -acre parcel of real property adjoining Lot A along the eastern boundary line thereof and located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described on Exhibit "B" attached hereto (referred to herein as the "35 -acre parcel"); and WHEREAS, a water well has been constructed on the northerly portion of Lot A and operates pursuant to Colorado Division of Water Resources Well Permit No. owned by the LLC, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns, and the watering of domestic animals; and WHEREAS, the parties hereto intend that the owners of Lots A, B and the 35 -acre parcel shall equally share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities; and WHEREAS, the Corporation intends to grant and establish herein perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lot B and the 35 -acre parcel; and WHEREAS, with respect to ingress and egress from a public road for the benefit of the 35 -acre parcel, the Corporation further intends that a road constructed and in place over and across Lot B, and providing direct access to Garfield County Road 102, shall also provide access for the 35 -acre parcel to said County Road; and WHEREAS, with respect to private and public utilities for the 35 -acre parcel, it is the Corporation's further intent hereby to grant and establish easements as necessary across Lots A and B for the underground installation of utilities for the benefit of the 35 -acre parcel. CHIARELLI-2nd Well Sharing Agmt • • Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to grant, create and establish the following easements, covenants, conditions and restrictions that shall run with the land known and described hereinabove as Lots A, B and the 35 -acre parcel, and shall bind the parties hereto as the owners thereof, their grantees, successors and assigns: 1. Ownership of Well and Appurtenant Facilities; Easements for Pipelines. The owners of Lots A, B and the 35 -acre parcel each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to the well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the well. The owner of an individual property shall be the sole owner of any and all facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lot B and the 35 - acre parcel each are hereby granted a perpetual and non-exclusive easement over and across Lot A for the installation, use, maintenance, repair, service and replacement of the well and for pipelines and power lines installed and connected thereto to provide water to Lot B and the 35 - acre parcel, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the criteria for the location of utility easements set forth in paragraph 7 below, including the provisions for surveying agreed-upon easement locations and recording the legal descriptions thereof. 2. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with the well, the pump, meter and appurtenant facilities for the withdrawal of water from the well shall be shared equally by the owners of Lots A, B and the 35 -acre parcel. Such costs shall be allocated one-third to each property, except a lot or parcel owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots A, B and the 35 -acre parcel shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners as provided for common expenses under paragraph 9. 3. Use of Water. The owners of Lots A, B and the 35 -acre parcel shall be entitled to use water from the well for one single-family dwelling unit (whether primary or accessory) per lot (or parcel), to irrigate up to one-third acre of lawn and garden per lot (or parcel) and to water CHIARELLI-2nd Well Sharing Agmt -2- • • Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC up to two domestic animals. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from the well (up to their limit) as needed so long as diversions from the well at no time exceed 15 g.p.m. If, from time to time, the well does not provide water at the rate of 15 g.p.m., each property shall be entitled to its pro -rata share. of the available water. Domestic, in- house uses shall take priority over outside uses. 4. Installation of Facilities. The owners of Lots A, B and the 35 -acre parcel may install a power source, meter, pipelines and other facilities in and to the well to serve their _lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 5. Access Easements. By separate recorded instrument, the owners of Lots A, B and C share access to their lots under a common easement across a road constructed and in place on Lot B providing access to Garfield County Road 102. The Corporation hereby grants to the LLC, for the benefit of the 35 -acre parcel, an interest in common with Lots A, B and C in the perpetual and nonexclusive easement over and across the access road. Said common easement shall be twenty (20) feet in width, ten (10) feet on either side of the centerline of the existing access road. Additionally, the Corporation hereby grants to the LLC a perpetual and nonexclusive easement for access for the benefit of the 35 -acre parcel from the existing access road over and across Lots A and B to the boundary of the 35 -acre parcel in such reasonable location across Lots A and B as the owners thereof and the owner of the 35 -acre parcel shall hereafter agree ("access road extension"). Once a location for the access road extension is agreed upon, the owner of the 35 - acre parcel shall have such location professionally surveyed and the legal description shall be recorded with the Clerk and Recorder of Garfield County, Colorado with a cross-reference to this Agreement. 6. Road Improvement, Maintenance and Expenses. By separate recorded instrument, the owners of Lots A, B and C are subject to a joint obligation to maintain, repair and service the access road and pay expenses therefore, for that portion of the access road used in common by such lots (or any two of them). Once the owner of the 35 -acre parcel commences using the access road, such owner shall share with the owners of Lots A, B and C said common expenses for the maintenance, service and repair of the access road (including regrading, snowplowing and resurfacing, as necessary). For the access road extension, the owner of the 35 -acre parcel shall bear the cost of constructing, maintaining, repairing and servicing said extension, except if any portion of such extension is commonly used by Lots A and/or B, then the owner(s) of such Lot(s) shall also share the cost of construction, maintenance, repair and service. No property owner shall be responsible to pay for construction, maintenance, service or repair costs for any portion of the access road or extension thereto not used by such owner. 7. Utility Easements. The Corporation hereby grants a perpetual and nonexclusive easement across Lots A and B for the benefit of the 35 -acre parcel for the purpose of installation, use, maintenance and repair of utility lines, both public and/or private. The owner of the 35 -acre parcel shall be entitled to install utility lines and/or connect onto existing utilities on either or CHIARELLI-2nd Well Sharing Agmt -3- • • Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC both of Lots A and B in such reasonable locations as determined in accordance with the provisions below in this paragraph. The owner of the 35 -acre parcel installing a utility line and/or connecting to an existing utility line shall be solely responsible for payment of thereof, and shall reimburse to the existing utility user(s) their proportionate cost of construction and installation of all commonly -used portions. All utilities shall be installed underground. Where possible, all utilities shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed structures and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross- reference to this Agreement. 8. Waste. No property owner shall waste water and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 9. Payment of Common Expenses. The owner(s) of a lot or parcel shall pay their proportionate share of common expenses no later than thirty (30) days after the date an invoice or written statement of expenses is presented for payment. If an owner fails to pay its share of common expenses within sixty (60) days of presentment, interest on all unpaid amounts shall accrue at ten percent (10%) per annum, commencing sixty (60) days after presentment. If an owner fails to pay all amounts due with interest thereon within six months after the date of presentment for payment, any owner who has paid part or all of such common costs and expenses shall be entitled to pursue all remedies available at law or in equity and shall be entitled to recover reasonable attorneys' fees and costs incurred therefore. Nothing shall obligate an owner to pay utility charges if said owner has not yet connected onto the utility. 10. Notice. Any written notice to a property owner contemplated under this Agreement shall be provided by personal delivery or by certified mail, return receipt requested, sent to the addressee at his mailing address of record according to the records of the Assessor for Garfield County, Colorado. 11. Enforcement. Each property owner subject to this Agreement shall have the right to enforce this Agreement or seek redress for breach hereof by all remedies available at law or equity. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. CHIARELLI-2nd Well Sharing Agmt -4- Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC 12. Binding Effect; Covenant to Run with Land. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the owners of Lots A, B and the 35 - acre parcel, their successors and assigns, forever. Upon execution, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office and shall run with the lands known herein as Lots A, B and the 35 -acre parcel. 13. Amendment; Termination. This Agreement may be amended, supplemented or terminated by a written instrument executed by all owners of record of the property subject hereto, together with the written consent of all persons (if any) with a beneficial interest in any property subject hereto under a deed of trust or mortgage duly recorded with the Clerk and Recorder for Garfield County. The recording of legal descriptions for the agreed-upon location of easements to be determined hereunder, shall not constitute an amendment or supplement to these Covenants within the meaning of this paragraph. 14. No common interest community or planned community. It is not the intent of the parties hereto to create or establish a common interest community or planned community within the meaning of Section 38-33.3-101, et seq. of the Colorado Common Interest Ownership Act. 15. Severability. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect or impair the validity, legality or enforceability of the Agreement or of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provisions. 16. Plural; Gender. The singular as used in this Agreement shall include the plural where applicable and vice versa. The use of gender herein is for grammatical purposes only. IN WITNESS WHEREOF this Agreement is made on the day and year first written above. CHIARELLI-2nd Well Sharing Agmt MF WILENTA, INC. ne Ch' . e1fl President ,2a EUGENE CHIAREL By E -5- li, Member • • Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC STATE OF COLORADO ) ss. COUNTY OF GARFIELD Acknowledged, subscribed, and sworn to before me thiscZ day of -�� 1999, by Eugene Chiarelli in his capacity as President of MF Wilenta, Inc. and in his apacity as Member of Eugene Chiarelli, LLC. WITNESS my hand and official seal. My Commission expires: /0 Z,S-OO CHIARELLI-2nd Well Sharing Agmt Q,......, F•.. / OTAR k -0-0-- pU B L\ -6- Notary '�timnimm N�AISSION EXPIRES. OCTORF`l 25, 2000 „-iuui nigngE,gi iigiiE:;io niii ilii ni 1 of 6 R 30.00 D 0.00 GARFIELD COUNTY CO CORRECTION QUITCLAIM DEED ., r THIS CORRECTION QUITCLAIM DEED is made this �'�ay of August, 1999, between MF WILENTA, INC., a Colorado corporation ("Grantor") and MF WILENTA, INC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: This Correction Quitclaim Deed is intended to accomplish boundary line adjustments among three parcels conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1 117 at Page 209. Said parcels were created by approved subdivision exemption prior to the requirement for planing such exemptions; accordingly, there is no exemption plat of record. A Boundary Line Affidavit by MF Wilenta, Inc. has been recorded heretofore with the Garfield County Clerk and Recorder. The three parcels conveyed in the above -referenced Warranty Deed (Reception No. 541055) are designated in said Warranty Deed as "Parcel A," "Parcel B" and "Parcel C." As part of the boundary line adjustment accomplished hereby, this Correction Quitclaim Deed also serves to re -designate two of the parcels as follows: that certain parcel designated in said Warranty Deed as "Parcel B" is hereby re -designated as "Parcel C” (said parcel is the most westerly of the three parcels); and that certain parcel designated in said Warranty Deed as "Parcel C" is hereby re -designated as "Parcel B." That certain parcel designated in said Warranty Deed as "Parcel A" shall continue to be known as "Parcel A" (said "Parcel A" is the most easterly of the three parcels). Based on the re -designation of Parcels B and C set forth in the immediately preceding paragraph, the boundary line adjustments between Parcels A, B and C shall be accomplished by the transfer of smaller parcels described in Exhibits A, B, C & D attached hereto and incorporated herein by this reference. The references to Parcels A, B and C in said attached Exhibits are to those parcels as re -designated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto 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. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: MF WILENTA, INC.; A Colorado co ration By: ( �� � Etfene thiarellt, resident [acknowledgement on following page]