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1.0 Application
Lot 13, the Mitchell Creek Project, Filing 1 Final Plat Amendment Application Property Owner: Kenneth L. Melby 990 County Road 245 New Castle, Co 81647 Prepared by: Gamba & Associates, Inc. 113 9th Street, Suite 214 Glenwood Springs, Colorado 81601 G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORS W W W. G A M B A E N G I N E E R I N G. C O M March 6, 2015 Table of Contents 1. Narrative: 3 2. Application Form: 3 3. Proof of Property Ownership: 3 4. Adjacent Property Owners and Mineral Rights Owners: 3 5. Agent for Property Owner: 5 6. Letter Addressing Mineral Ownership, Liens and Property Taxes: 5 7. Pre -Application Conference Summary: 5 8. Vicinity and County Assessor's Map: 5 9. Final Plat of the Mitchell Creek Project, Filing No. 1: 5 10. Amended Final Plat, Lot 13 of the Mitchell Creek Project, Filing No. 1:5 11. Declarations of Protective Covenants, Conditions and Restrictions 5 12. Topographic and Drainage Constraints: 6 13. Impacts on the Site due to the Existing Drainage Culvert. 6 14. Submittal: 6 Appendix A: Appendix B: Appendix C: Divisions of Land Application Form and Agreement for Payment Form Warranty Deed and Title Commitment Letter Addressing Mineral Ownership, Liens and Property Taxes Appendix D: Pre -Application Conference Summary Appendix E: Vicinity and County Assessor's Map Appendix F: Final Plat of Mitchell Creek Project, Filing No. 1 Appendix G: Amended Final Plat, Lot 13 of Mitchell Creek Project, Filing No. 1 Appendix H: Declarations of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project Filing No. 1 1. Narrative: Proposal for Kenneth Melby to acquire a Final Plat Amendment for Lot 13, of the Mitchell Creek Project, Filing No. 1 for the adjustment of a platted building envelope: Kenneth Melby requests a Final Plat Amendment for the adjustment of a platted building envelope within Lot 13 of the Mitchell Creek Project, Filing No. 1. The adjustment would shift the envelope 10 feet to the southeast. The reason for shifting the building envelope eleven feet perpendicular from the northwest property line is to provide more space between the building envelope and the adjoining property (Lot 14), thereby making construction and maintenance less restrictive. Currently the adjoining owner encroaches into Lot 13 by as much as five feet from the property line and four feet into the existing building envelope. The proposed building envelope relocation will not alter the original 4,059 square foot area. 2. Application Form: The Divisions of Land Application Form for a Final Plat Amendment is included in Appendix A of this application. A check in the amount of $100.00 is included with this application submittal. A signed Payment Agreement Form is attached to this submittal package as Appendix A. 3. Proof of Property Ownership: A Warranty Deed and Title Commitment for the property is attached to this submittal package as Appendix B. 4. Adjacent Property Owners and Mineral Rights Owners: Adjoining property owners and mineral rights owners are listed below. Adjoining Property Owners: Randy G. & Theresa S. Jacobsen 157 Creekside Court Glenwood Springs, CO 81601 2119-343-19-011 (Lot 11 Mitchell Creek Project, Filing I) John R. & Nancy K. Brooks 179 Creekside Court Glenwood Springs, CO 81601 2119-343-19-012 (Lot 12 Mitchell Creek Project, Filing I) Gregg P. & Marilee S. Rippy 213 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-014 (Lot 14 Mitchell Creek Project, Filing I) Kenneth L II & Carrie R. Melby 250 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-015 (Lot 15 Mitchell Creek Project, Filing I) Thomas & Rebecca Jager 1416 Chinook Street Moscow, ID 83843 Parcel # 2119-343-19-025 (Lots 16 & 17 Mitchell Creek Project, Filing I) William C & Melanie J Livingston Revocable Trust 178 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-018 (Lots 18 Mitchell Creek Project, Filing I) Carl & Ann Uyehara 152 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-019 (Lots 19 Mitchell Creek Project, Filing I) Open Space D 13.89 acres. Open Space A 0.03 acres Parcel # 2119343-19-023 Mitchell Creek Project, Filing 1 (Subdivision Boundary) Allan A. Bowles 398 County Road 132 Glenwood Springs, CO 81601-5521 Parcel # 2119-343-00-030 Mineral Rights Owners: In researching the records of the Garfield County Clerk and Recorders Office, no mineral estate owners of record were identified. (Please refer to property owner's letter attached to this submittal package as Appendix C) 5. Agent for Property Owner: Gamba & Associates, Inc. (G&A) is submitting this final plat amendment application on behalf of the property owner, Kenneth Melby. 6. Letter Addressing Mineral Ownership, Liens and Property Taxes: Kenneth Melby's letter addressing the research of mineral ownership, liens and property taxes for Lot 13 is attached to this submittal package as Appendix C. 7. Pre -Application Conference Summary: A copy of the Pre -Application conference summary dated January 15, 2015 is attached to this submittal package as Appendix D. 8. Vicinity and Assessor's Map: A vicinity map based on a U.S.G.S. quadrangle map along with a Garfield County Assessor's map, are attached to this submittal package as Appendix E. 9. Final Plat of the Mitchell Creek Project, Filing No. 1: Attached as Appendix F is the Final Plat for The Mitchell Creek Project, Filing No. 1 which is the current recorded plat this application is proposing to amend. 10. Amended Final Plat, Lot 13 of the Mitchell Creek Project, Filing No. 1: The Amended Final Plat, Lot 13 of the Mitchell Creek Project, Filing No. 1 is attached to this package as Appendix G. 11. Declarations of Protective Covenants, Conditions and Restrictions A copy of the Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project Filing No. 1 along with the subsequent five amendments to the original are attached to this submittal as Appendix H. 179 Creekside Court Glenwood Springs, CO 81601 2119-343-19-012 (Lot 12 Mitchell Creek Project, Filing I) Gregg P. & Marilee S. Rippy 213 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-014 (Lot 14 Mitchell Creek Project, Filing I) Kenneth L II & Carrie R. Melby 250 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-015 (Lot 15 Mitchell Creek Project, Filing I) Thomas & Rebecca Jager 1416 Chinook Street Moscow, ID 83843 Parcel # 2119-343-19-025 (Lots 16 & 17 Mitchell Creek Project, Filing I) William C & Melanie J Livingston Revocable Trust 178 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-018 (Lots 18 Mitchell Creek Project, Filing I) Carl & Ann Uyehara 152 Creekside Court Glenwood Springs, CO 81601 Parcel # 2119-343-19-019 (Lots 19 Mitchell Creek Project, Filing I) Open Space D 13.89 acres. Open Space A 0.03 acres Parcel # 2119343-19-023 Mitchell Creek Project, Filing 1 (Subdivision Boundary) Allan A. Bowles 398 County Road 132 Glenwood Springs, CO 81601-5521 Parcel # 2119-343-00-030 Mineral Rights Owners: In researching the records of the Garfield County Clerk and Recorders Office, no mineral estate owners of record were identified. (Please refer to property owner's letter attached to this submittal package as Appendix C) 5. Agent for Property Owner: Gamba & Associates, Inc. (G&A) is submitting this final plat amendment application on behalf of the property owner, Kenneth Melby. 6. Letter Addressing Mineral Ownership, Liens and Property Taxes: Kenneth Melby's letter addressing the research of mineral ownership, liens and property taxes for Lot 13 is attached to this submittal package as Appendix C. 7. Pre -Application Conference Summary: A copy of the Pre -Application conference summary dated January 15, 2015 is attached to this submittal package as Appendix D. 8. Vicinity and Assessor's Map: A vicinity map based on a U.S.G.S. quadrangle map along with a Garfield County Assessor's map, are attached to this submittal package as Appendix E. 9. Final Plat of the Mitchell Creek Project, Filing No. 1: Attached as Appendix F is the Final Plat for The Mitchell Creek Project, Filing No. 1 which is the current recorded plat this application is proposing to amend. 10. Amended Final Plat, Lot 13 of the Mitchell Creek Project, Filing No. 1: The Amended Final Plat, Lot 13 of the Mitchell Creek Project, Filing No. 1 is attached to this package as Appendix G. 11. Declarations of Protective Covenants, Conditions and Restrictions A copy of the Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project Filing No. 1 along with the subsequent five amendments to the original are attached to this submittal as Appendix H. 12. Topographic and Drainage Constraints: With respect to the concern noted in the pre -application conference summary regarding the existing topographical and drainage constraints on the site, the proposed revision of the building envelope will not result in an increased impact within the revised building envelope related to these design constraints. 13. Impacts on the Site due to the Existing Drainage Culvert: With respect to the issue noted in the pre -application conference summary regarding a culvert and drainage swale which theoretically crosses the site we offer the following information: There is an existing 24 -inch diameter CMP drainage culvert which has been installed across Creekside Court, the outlet of which is at the approximate midpoint of the Lot 13 frontage on Creekside Court, and the inlet of this culvert is located on the northeast side of Creekside Court. As surveyed, the inlet of the culvert is located 45 - feet down gradient from a highpoint in Creekside Court. The inlet is also located directly below a paved driveway which serves an existing residence on the northeast side of Creekside Court. As constructed the tributary area upstream of this culvert is extremely small and therefore any stormwater flows through the culvert from any stormwater event will also be quite negligible. Furthermore, the outlet of the existing drainage culvert is located east of the proposed building envelope and would direct any possible flows which might discharge from the culvert downhill and away from the proposed building envelope. This culvert does not present any significant design or construction challenges to the construction of a residence on the revised building envelope. 14. Submittal: Three copies of this Amended Final Plat, including a digital copy on CD and the completed application, are to be submitted to the Community Development Department. Appendix A Garfield County Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Maj Con o Minor Subdivision _ )r SubdivisionFinal • Preliminary Plan Amendment Plat Amendment Sketch ■ Preliminary ■ Final 0 Common Interest Community Subdivision servation Subdivision • Public/County Road Split Exemption Yield • Sketch 0 Preliminary m Final • Rural Land Development Exemption Time Extension INVOLVED PARTIES Owner/Applicant /1/1:1 Name: ,# i �Yt ` Mailing Address: 9 9 (! e £ V24 $ City: iq -t, Cud -A_ State: ---o Zip Code: CS I b 4 7 E-mail: Phone: ( 970 )379 41 71 Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: / 2.— 71— 1/ 3 r ie. Assessor's Parcel Number: Z l l 2 . - 3 y 3 Physical/Street Address: Legal Description: 401 /3 ``�%� ,44,/ Ci �P :? � �v i .'t /C/1 Zone District: Pa Property Size (acres): WOO t' Project Description Existing Use: AL 1,1, •eltitel/Pe Proposed Use (From Use Table 3-403): Description of Project: Proposed Development Area # of Units Acreage_ _. Parking Land Use Type Single Family L # of Lots Duplex Multi -Family Commercial Industrial Open Space .-___.. Other _ Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: 1 have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 2 ;/$ Sign - ure of Propty Owner Date OFFICIAL USE ONLY File Number: Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") 4#40/ agrees follows: 1. The Applicant has submitted to the County an application for the following Project: 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: 11'''.4; i} J, L )14#14f ef Phone: ( 9'7U) T79- " 417/ Billing Contact Address: 99‘Lav „of., City: &, 74 State: Zip Code: gvgy--7 Billing Contact Email: Printed Name of Person Authori - d to Sign- f „„ .141 A/6 { 1 / (Signature (Date) Appendix B Z7170-7, - 777:777 7 -Nn nnitNi.an Nn —.....4-14372 . .. . ... ..- ." . . . , . 11,-..0.elA ak ----f - o'clock _k .-- . . - WARRANTY DUD • THIS DEED, Mete Ns t day of Mi r r.'n DEnAliCE, LTD., A COLORADO CDUCRATION h•letoman C-rsinivral:.in duly orpni7.::.1 nd iIrs ander and by rtu uF IF laws thc ° 4 Cciorad,o . paniur, ant! 'KENNETH BY Wow legal achlresc P . 0 . Box LS4 13.1n-.:Dnet Sens, C B1602. or Ow 'Conroy or aarf Rel•rder. BK 773 710,05! GARFMA me 5 1.F.190 $tate DDinYc $ .513!= of Colorado- an000t DOC FEE. 4,aaradaration of Ihilogrb Of TEN DOLLARS AND OT:1ER GOO! 1W1 $2.40 . VALUABLE CONSIDMATIDN- -- DOLLARS, the 111Xcipl anal i.nificirnrAr n1 whir:a ic hnrnhy ark nac gmn1e41., barsalrmd, solo arid coaverxl, Rnei by ahem Komi cloi% • 14111111%. und Lau 1hn .g-a.alcc., hi tiers sAd jut -11-.1r' foire,•r, cipperlly, oastaier itaprovencreit., c;•luai•:, IiiEane1ir in 1.hr Clammy or -G rf e Stift of Caked°drrriLxd al Wow, 6%) il- zi.i.pdfirmunuci. .1 . .. . ,.. . . _ . '!'••: fe.1 prcndstsaao.ftaaegailied and cksca-z64fitifiti ppt,21-(er arots, uho the gra.ntk., his litirs end . amiorestoseve.. A .., : .. ,. F.,..e.or, kr iicer.I. and ilen-7.1..W.nrs, !tax cemenalL, 4rar11,.tihripiiie. and aver In und wi.da Ilan 6r=1.tt . hiS Fori.m. arid antra, (ha; .:-. Ll...-..1i:vc of Ole ensta lug roe dt1;,...try of thee presaniS, it is wall mi -..id or the prrnilse5 abcncc nnaveyr.rt h good, Se fil . pcirfecE. a'Jsoluic 2D:ill-Jr In.nibl1:In Lliliher:-Iailec. in ii*. in fct simple. BELIflt F.D.1 rghl. n. I: rawer snl:1711111-.7.7ity lo ,s,-rnol. • i;: 11.11M11111, :1,c 1' erie ,e.ii,,,.1. ihe same in manrc, and 'ann. al. alunsc id , and dist art vtint hot Fcc und.c lc, • .i.nu 0.11 Ibriller phciVher . Itiett.chinri. ..:1•:.2s., !inns, av,. °, aca:n.csrnnni. Enr.Liuldimwes ura! redrie.:.:*$ Of 'AL:lever k ill! •ar nu! v.... -...ri-c:-.•, cm.:tr. ,,,uut.,,,K,,,tu , .. rtztrictiono, re...F.t7vatit.1, rights --of —..a7..„ i111, of raord, or Rituate and In i ' Iliaa and T till r' :..t.r.iy taxer for the year 109O,. not ye t dua or payaille. The grairor %bah and wi!I WA FtrLANT AND 1-T_Nia'.V ER 13r[ die diavt•Irugainnd pmniises in the gleici are pellgrabit ' pinigninn of ti,..a rarler.., ii :F.. ne Inc aril aspigrts, :pa Its': nil ale. nenry rrsor.•Dr rrsani, 1-zw•hity CI ai-.1-.Ing 'AC W1101.?: ar udiy part &motor, Ttie.4ngu',;,- ItxtbLi 5 Ii 11 inOi idt the paveol...1-e pl .ira 1 L'.1. r,,r.liAr.i..'nel :he LC of any Eendcf sh.al; bc appEnble 10 all genders. .: Di IV rri"..li:'.; 'i'llirtEr.',1-', ..! hz 7...mtil= !-.•:. :2U vLdI:J. c•z!.y.•.u:•:••-.., au.nta 1.=, b.2 ttrito .4.e..7...:riKed h'• :Is Vic. 1. . Freaklicrw. and its corparatt wri 10 h.:, h&rntrio P!..5.1.ed. atiecIt4 by I S'ittary, ..hr day and yew i.ital , • /bon wrillam. LOT 13 THE MITCHELL CREEK PROJECT FILING VO. 1 ACCORDING to ttiar clat rec,xiita DecAtaber 9, 1982, AA RAcepticn Wo. 33.W64. COUNTT OF GARFrEL9, STATE OF 0010PI.D0 ° TOGETHER 1.1e1i'aill dnihrg.td i10 btred,:t.1.1...atte ippianstoorma asasto Wonting. o in anywise acipeftakiiial, anii.dr• rvcrsiur and rzvrriirMS. nencrintirr :n1.1 n-rnaindeq, ren1c, ted prOistiremor. tad .11 Itat idAtt Ade, cie rna nil ...el- iii.F.C.tver or the grr.nor, Edw.- i. ife,0 or rqii. A. in l:TIC CO Out alacime Taaritinedprainaitta. Ihe heredil*sts arid 5. STATE 012 COLORADO 011uany or rjar field 00411ii" .E.-!..M.ciaiiiroiricut wax arkoomodpd Word roe Ws -;11A C•if' e f—tel , Colorado 23) 1993 to.-.W.Itk Arial %.41. - ' 17359 1jrDonver, -"Ciot 4aa. Raw- S44, ebliaatAigrr Orta Iat day Or Nei rth 19 90 , -.. Vitt Petrikkoi Secialary cgrroratim, ALr1:6141,-.15.. -41 GARkf[1.8 Trcaeer.a...ruer.omp.177 if 111111 Poe* la len1a A edelledire CUM TI4MM T aA4caSUslraq.001P . MBA Mal 11(feMMlOR span•MalliiNt. [M.Int1a91Manon mU*a attenagfesaara ons. .I GF met (puscn 1Falisor -- woo tom 77 3 etti906 THIS DEED OF TRUST i nude yl. lot dy, of Margit Q._ 19 3 , Mtwara LEIIABTH L. NELB1 lardawvr►. l.0. Box 484. Glenwood I)rl*. CO 81602 and the Public Tn... .Ggte Curtly in rrllicb Br Presley frac paragraph 11 is ah9$1 d (Thaadet Is the toed a DEFIANCE, LTD.. A COLORADO CORPOV,TIOJ Mended. whnle Wdiea 4 214 8th Street. Ste. 300. Glenwood Springs. CO 81601 Bommtsc .ad L..d.r nraeairt td aro as faBews: 1 Progeny in Treat Bard.wr, in IllIviidergice a! lIa Indebmdaeas herein resiled and the Inas herein vreeled, hereby gams and comet's da Ttssac ie awe. with peon of ..le. the (oilmen; 4e.cribed pnrperty loomed in the Camay of Garr aid Sur Pt Cdaada: i LOT 13 THE MITCHELL CHEEK PROJECT FILING N0. 1 ACCORDING to tlta Plat recorded Decanber 9. 1982. as Reception No. 335064. COUNTY 010 GARFIIG.D STATE OF COLORADO - which h.s the addm. of Vacant Land a..., Glenwood Sprints Colorado 0r.., mpdarr (I`s.ycr:y Addreso). topober wirtr Al its appurotrce. )P orny). 2. Nue: Other Obligations Sect.:d This Deed Where is given to saws to Lender: •A. the eepaoInent of the mdebledare evidencedb Barso.ark eat: Merl dated —Sarah 1 principal sum of TWEIrlY ONE TN0I1SAD_£I D0(iOQ---- ....$ry..i , U.S. Doll.... with Werra on the maned mineral Mance 6ein July 1 1990.. until paid. Naha we M tan (10) pecans per MOM, *1)1 041001#W4I,oci.,t payable M 214 8th Street. Ste. 300' Glenwood Springs. CO 61601 - rrr well other ;leer as the Leader may de oIc. u moi thly ptgrnene a 0718 H UNDRED SEVENTY FIVE AND NO/100'a Dollars alS s 119.00 )alae m dr T1• cry of act Wet) beginning __AUIlit' 1 19 SQL : pact pyrene to roninue wail the more iedarecheees o.idmsW by hI ..d Note is frith paid: hthatvet. if nut sooner paid. re emir principal imam aulcueding and seemed ittlemithenson,.MBberieaed I parade on March 1 0-51.-.. 0#01(1000/0t/W/IH14§ 19VW Lewder hereby agrees to subordinate this Dead of Trust to a construction loan not to e xceed 190,000.00 1990_,0. the a' R orn.ur is to pay to Lender a laic charge of fila (5) •F of any payment am received by the Loehr wider: Iilteeu (15) days alta payment is due: and Bp.o.cr hes the right b prepay the principal amount oresteadkg:odor said Nae. in whok or in pan. r any rime without penWyrUak B. the mower of all other sums. with imam therm at eishtaen (18) rot pr yam. dL.3n.ned by Leader in ter cuter= with the Deed of Trust go protect the security of Ms Docd of Tuna: and C. the perrxmence of the c.00. et. s.d .grmreeas of Borrower Mere examined. 3. Title. Btsrowsretwenaats gm Borrower owns pad hr the right to rant and co..w the Property, and wamoa tide carie wan, subject to ;carni real estate tun for the current yew, fume= of Decard or in dxi.rrre, and recorded decLreou, useicrioe., roanytion, and rostrums. if any. le of des date and except none 4 P. mea of principal tad lemur_ Borrow= nand prortpty pay when due the. principal .1 and meter oe the iadebsedaes evidenced by the Nose, and laic ebatges oto provided to Ur Nor and shell perform Al of It newer'sMbarCoe:nineco 11ncdiade N.M. S. Application of Payments. AB payments tarred by Leder under the mans bd. st:611 be applied by Leaderarn in pagrdaas of enawne due pursuant lo pe.praph 23 (Escrow Feeds cnr Tams .ed laswasxel. thin la aroma di.bemd by Leader resume re 7359 perm' 9 &mac Io. er Lenbalance accordance Lender's Seewnry). ted dre ance ie with dterm; &19r tersed 90.ne of the Nae. 1 M. TO 72.1141 teem➢ 017awT tour w bower iaai 901919P.we10,. 1741 wane- aaarr.47O100.—t303127.1.06—mal t; n e 11.3 e hint Mune OF and Dods What: COWI1Nr: Lierw. Banner Thad perform all of Honowed ablidetinm udle dao' dead dusts and another prior llw!.lonoe or Malloyall los. aacaaawta and other dares, Bra and impo lakes emiasunk o # rrepony who A3whiskreeytuveorsBWesaekiilyoaranDeedWhoa,endleachedpgmeMaorgmet reins. f0oy:lhdtfine* el oainrampk23(lvowPand1for e,if orlina oret)tatarquiodlobepadk. lomMoekbylk io. rwklai dirout m ire plpea nerettheepite # knead. Borrow shall_ art be loaned re make moan tdYnwlet by IFuprayaphif0a+ower.darn.ieelefea& o.1iialgoodfaitho,nleuwsdsby,adeRndrroar fomdfink in. kppIl n�eweed(WWa which operas to poem Nd.r�o e aen.. of the oblignioece rue dthe �Y m toy P Oily Boom m nukingell such eenk+md mons ad mho cameoac of ordered by tier coot te# d# court iiwhich ser Per' Pis ere Iesa the, Hari maw eaiainj urheoafter 000i.4 on the y roared eat 7 PnorMe hiclu. Bwnantheter a "eateep n4over 0)100 y W. by nrtothrsud. included within#leen"akrded eaverye"shah ntoualekrill equal*, the kaeei still dm humble Mtn d rhe PITY ort2ln.soon[sufkciem Inpada surra sawed* this God eiTent r well es wry pl>.eocuneeanaaanthe Property NI ofwejanj shall la k&awn u. "fh0Mny huaanae". The 10001 0 crier avoiding the umenene rh.11 be qualified m write Property Insurance io Coloreds. led dull be cloven Boron subject In Lenders right ei wpm the neon carter kr maanemble nese. AB donna prides ind rentai0 thane( egell include Bundled aenpp clone in ford lsadncand MWl provide nada Nessus orris M laced 9 Lantra Sem lit (IOidep before nnelhei.n. monition aany monis' chair dsn.rade. insurance deb arAbell be futaahad N leaden or beforeclolag. Lender WWI have the sort to bold Ibo policies dthe I nuke prod d lea B nut Ins emit d kora. Bonuses Mud jIci enotioeweel In 61 101030, ender and Leader L0100 may hpeurnply by oranco 'made 6111 he applied to IsuruMkn w repair d rue Property denuded. k dnd such ralhnrkd or repair is modeconomically ks.ihle and the scawoly of tat Deed of Tran (s not thereby impaired. If ...0 to leniloe 0r .noir la ser ecoualtaicely . kaibk w if the security of This Deed oT in mold be impaired. the %nonce rumen fall be applied in M Nunn sxvad by Md• Deed of Tae. with the moo. If ay. paid to Bgroeef. 1f du Property is elsrmiotrd by Barron, oil( Bonower feta to mooed 10 Lander within 30 drys fern the dote naive Is given in wordanrs wilt 16 (Nola) by Loraine Banowardh1 dee Mlerafrra cynier.dkrsto awe ne a claim benefits, Letdkk' tomlleer sad apply thelnui1ire prexed1.addend *Mei. • I eider len tccmrui0n mord et da PrapMIY or I0 do Born hereted by the Dead d • Any such implication ei svspnacirlshall not extendrpaycped.* due dew erne installments mewed to It 4 P.ym d (mcPr/err] end I ed 23 I1 c uo Pods kr Taos sod Cosset et char die rood of each Nowithatendiet sm.-thins herein to the weeny. if under parer* 11 fAceelers:ien: foreclosure: Odder Bnitedkal dor pv.Pety 4 woad by Lender .d tight. rick end Moot of Bm owerni and 0 any loom* policies and iw ad to the proceeds thereof mune horn dumeje 10 tai Prepeny prise to the .ore or !aquaria.. toll pear lender to the neer of the ads maned by this Deed dlluM immediately pior to such eek or overladen. _ and Mono roan are All line nese of Bremner and i11.100 d Lander hereunder with respect to a carriers, 'assuepolre{a subject in de rights d any Older d a pia dead d trvo win Ono to Bald iurmries rae cu, Packet and 11. PieternO0 and M.intnerere of Properly. Banns shall keep the Property k Bad rspdt ud Aral lel ooramk waste or . real inpeim+cat re debsioranco of the Property sad shall aomdY # ransom d any Anse SAW Pead. at Tont Wen a paint wider n,'w.erdtlyrdoaim6Ma klecbMd. Boom" shall dorm all of abHpt{ms u dry deelratioa, avweaansa, by'Ya+ii, gooaalnk rhe ore. awraaskip or neural ef the Property. 6 eboha. H dM • 9. Ruketian d Lender's Secunry. biome afro Balowroe has mortised Borrower': rigs orders pemig apir Sommer fails to pe form do moots ad egaeemats contained a this Deed aTlrt, or Hs denslea0Wrk is artier lir, or H lay action a proceeding is commenced w0kk mMriilly afros tinders casae. in # Property, dein Lander. attend -6A Opus' On write to er h by tam Joey mare. aepaleaoa. dimure writ .no end rake suer aalaiheal aaeftery b oder Lenders Woo. including. e. Wnlwdm. dubleamb:a awawnble aureneyt kph Ned °ame y'��epee dM .Y, .o rn&1naks. I Boom hereby emirs m Leader my Banyan may hoe by ream of Buy pc.. emwlrhmene•0S 9** l0y.01 *Ura [Memorise to cute any dolor)) soder sad oicemktrroo. alkebat Any Immo disbursed by Leader Pueaiatao olds pleapaph 9. with lawn *moos. shall bonnet Windoanat Hanowerseceed bytbis, Deed Whist. Such pmortsean lee mak .401001i0e5om l.adrg6 Mihai Sedkad). and Lender may bring onto mina ntiowdaotabined pits tklOee+tepeeigedrs paereph02B (Nota , Nothing committed in this abed Leader to inane* adobe or Ws tyke allay saki' hirwind 10.1 caw. Leadersnake a ogre to be ieede nrwuabk entries .pou andinepeaiob oldie Property, dui b Lender shall y Bomar make prior to ay such bnpeoka specifying mioneaik sac th.odar telakd 70 L ikr% WORM la tba Propert 11. Coonekam.tion. The roads of any acrd or dam kr damages. diner or oonsopentlat in omaecdae Oda ay eon. i demotion or other Wring at the Property. a d, err pest dinefor000ny0.00 in lieu doadevMdoe. lee booby maimed aid Shall be paid to Lender as herein provided. Homer, all of the rides et Borrow and Leadorkc.bundr widiaeon te such rens& oinked mrhe rigga,Wa of .i) holder d a prior deed dna[. than to by this Dead dinar, with #errMm. Inlbdaaemo[.t*W..kmedthe aruiPropeinaingof a applied pd afieraidedad ay pen dthinewddee if apo o.id u Honorer. :war 1 0.4*nt dived Lein o Lender and. the c*m 0. remain *o.r d say par Ian bolder Inn swarth shale be divided Woo l.crtdr and Baerometi is # ane Hilo rt # aroma the am teased 67 this Dccd of Trust immodisely pia re the do et taking bars to Borrowers equity iai # Property inneediarely.priar to the 0116 of taking. Barrowe's equity in daProperty means the fair marten aloof the Property las the amount at ewes 'mod by bddsdie Deed of Trus and all prior nem (crap Las) [bat are to receive any oda awed, all t the value inatedi*0y prig to die dare at tang. If the pmpeny is abatrdoeed by Borrower. or if, after notice pry Leede m Boomer ebr da coadmnencans ,Mmskeaa aria or seek.rkam im for dages. Borman foils mloxpwd le Lardrwit within afar dream Moth knee is gree.1endmkrdia'ised to collect and spray the proceeds. M).ander%arson, wirer ve resraatiaa or exalt of the Property re tent suss acaured by del. Dad d Trust. soh application ser shall not postpone due dare et refined s4 Any s anci Proceeds the moon a ode _ (Payment ofPrincipaland Inmost) and (Escrow times tor To" and Ioaraa) err change • 12. BaBeowerNa Releleed. Estonian dmetime for pgean or erodfiaMimdlmonizMioaalba sari .enuedby this Dad o fTrust graced by Lender to any successor in iro:dBaroaershag riot openrmrckre. inn* Jorma' the if the«{pd Sommer. nor Borrower's successors in int'.. took 0Mjin1 ones dthis Deed ofTrot. Leader 'ball can t'e anteing! msaamma . pmt0A10*s agars* such successor m refuse m carred dime for voyeur or ethenvi1e modify praarttrana0 at the moms 'Owed by dila i Deed of Trust by won of my demead made by the ori . .11 Banns: ear Bermwer o successors in loudest. 13. Forhraanre by leodn Nol a Waiver. Any folow by leader m a1rcis(ng ay rids or melody herearrin or Oberon afforded by low: shall no he a waiver or occlude the niacin Bay web1 ormendy 14. Rambo (}rmutaive:. Each temody provided in the Note cod 1106 Deed of Trot is disdain from and wmmladte to all stir rights or *needles ender de Nae: and this Dood of Trainor alfonkd by ore a equity. pad my be eseocitedaaeorri ndy. independently or successively. The s hereinismsihed and! , l5. Successors and Assigns Bound: lain and Seanal Liability, Caption:.fpeamoou . bind. mod the n�gdMs.. heseunder shell hem r. the rresappaahve successors and asides d Lender and Ilanower. subject au dovowal df • p:graph24 Memo. the Plnaiy;Aarhmp(a).02w 1 o110 ted .gr a 4BmwerOenbejoidaadae0a.,T'beeap0ms B ad headings d the paragraphs is this Deed alba arc for caneaiarce only sod en sot re he esed m i.erpeet ca -Mho dee pronsknt Ia., L 0Notice. Except ler any voice rrq+i d by Lw robe another odtermenn r. la) .uy actin to Sonoma provided for ad* Deed ofTrust shat be in wreisg sed saran Noce yod be effadse cpoe(1)dclitery to Sommer era) sodas such ov1ce by 6tertIw U.S mail. addressed to Borrower et Bena.er s add1at mood Orme or re sada abs ethane rt Borneo my dedireaby pain r herein. and Os) say notice triton: 'ORO iawelded red shall be givaled be enemies rpoo(t)"d1rver, to Lauder .. orr1 1 mailing such notice by fest-class U.S. mag, to leaders althea ruled haat etooth. 0101raddress as Lendeem7 deligoleby for this Deed of Mord be denied s have boner=so9mverr or noticetoOne goer n providedmacloistered lWein. Any ed once presided a Lender One rein in mama it* TO here.. 1' er clan eof Dven Th The Nae 4maind = clod *0.sust uchCa a'adbysthe t effect rho k of this Dada erpnnwBct�ea a carnedrunnbeedionrtdi Nut ecoll1 wiMthela,oradeoahis tef10 eroPisiotierpdDeedo Tat artlaNec whichuan be riven Wertaridact thoomBiativg Panaiwl.emdnthiseadekc pharssiothsd#D°°d °fTun eedNoe we deemed to be storable. — t.O91i 778. tat 903 W. keeekwie.. Faecldrre; Other Remedies. Erma in prodded)* N Okada d •e .Property: rwio laiawS bract a any coma* s gonane d Besower is Pis Deed d Pro % a upon soy M ori! in a Faienm kr 1►vpertyy (alaslanworhos ameisedlaroweridel*woer Sabove4etLander soptio� iBoftie wan Me Drdof Tod ka0 b inenedrle�y Ore rd (Anxsdwaea Team:in kis anion. LaMar ap� Intake lhe'paea Wadi lad my alba remedies permitted by Ito. Lender eb.H Be gadded ie calker dl nrgratik oats and ammo Iscuiid lupkaulI de meadia povddrd in thin Deed at inr•Itdiarg.br era Eaiild Ib. reiwmbk eocmeyi fees. 1f Larder Makes the poord irk. Lander shall Id+a rvadlm Rodin ro Tared adeleadoe. Mara shall dive such Micab l lroarrar d Bormw w'a rind r isby lit. Twee obeli amide copy d um arch requked by kite Theme that Maids* 'admittedplan ofthe ale ofde provided br nil kindan fourrmai itaeo�v tWsrd>,nrerdei c�la da himdstadry iawkkdtiii P opegy is mused, and IMO mail copies data wake alt sok so Boom* and ether pasts ai prnaiked Wbyy let. Aller 4Pkg�pgof rack dime r mg be rego od by em. Thome. warm Clanged on Bomar. or.! sal the Pmparty at piddle Sordonlo the Rigited MON for cash al the demand plea (which may he ortthe Prom, asoy port trued aspermdedbylion thong *einem foal alluding aaq think heat andlama order eaThom ray demmrre.Ladd orLeedertaderlpeerow maim the Properly a ay ale. RAdinee te ablipatory upon de pwchmer row any loth tele 10 ase So de mapli:aka ofthe pasha* mag. Tawe shill apply the proceedsd*a rale In de NOOK order: (al to el ror°dble ears sad eopatwaofesok •i but 0(4 Irmitedm. rerauble Trustee's and aarnoyls fws,gad etas dtide evidence; (WO all sums seemed try ibis Deidi him; cod (else roma. if any. to dee perm a persons k0alty abed *Min. 19. Banowne i Richt re 11a Defwit. MTeseger knekrrm is camerawork lee nonpayment of suns deo hewede. dm comers of the Propony re pates bade here dad be ea idodm Pa uakMeths by � all delimiting jn 1pah Sad Yid�-tars payments dire odd dee Mgr Berme. ran. lam chirps, 4.,_aukOther lel dee maig movidedla k.mmq such payment. this Deed of Thug and dr moron ecurod Wray readm is full bot ad offset as ddtt>li no mound. and die finockuvm pmceediop shall be dim:aiaued. 20. Bodement of pear: Apart el Receiver. Lerch in Possession. As adddloasecurity anity hereunder:n Bonie bomb), endo+ So lender the rents of rhe Property: hmswr. Borrow rhdL prat to Aecekestim under par** 11 (Aumkidical Foreclosure. Odra Ramifies) .t 0/peacoats' of the Property hes the right to coked and mak midi rods ori day beanie date and Ler ptgd Larder a the holder of are Trustee's calificate of porches shall be .meed m w receiver br the Property aha Beaklike mak p�!t lAcsskrmion; Roo loom; Omer Penedo-a ed MAI- also be su entkbd derby .the tads wood by• bni eethe nps and 1h period of redemption. If ay: cod shall be added tbaelo as ■ mew 'dried *bind regadio the or insolvency d Boomer ad the don owner of the Pommy. rad widow tey:ar to the nee thereat dttsfitsa mere* ht by any Cart of oontperea jurisdiction upon ei pate application rnl MOM mala — make beak hereby mi Mly dJ Upon Aaekraion under parsing* la (Acceleration; Faeckcrae:Other Remedial or abadooinala+f die Poopalr Leader, is person, by aim ur by' Imaim.appointd maim. shall bon addedteener upon. take possaelaa ofbd mwurdm Nuportd y god collect she ma of 6r Deny ocluding those par doe. All male cottoned by teandererdre riceleeethall heappbem Ikiet.bptymer oldie cossdservation n and menegeie ado Property, second. Sopgrm madurmom prior da b dr ie. and dneearmnsedby Wk Deed d'ri w. Lender and the receiver shall be liable to maim only for those Nati madly manned. 21. Release. Limo peymcaofWMins secured bythis Doeduf Tan. Lender MIlcause Timm orelate lh4Deed d *nal god shall moth= kr Thaw the Note. Bremner shall pry all mud rxadrka and shall pay it statrraagg TYsee robes. if Leader lad nil produce the Noe es aforesaid. then Leader. upon notice is accordance with pangiapb %Ikeda )11 lam a d to L4n0ie iRnY aladi, at Lender's expense, and fie any lost instrument bond required by Duster orpey the oola Mori Wetted die release of ihisDied ' d'IWst. 22. *dm of Exemption,. Borrower hereby waives ail right of homestead and any ndracaemption la the Papery mite sago err federal law presently althea s•r Weida saacted. 23. Ramer Fends for Toe. .s leenisro. This prripapb 23 is rot applicable if Funds r dedardbelow mains pddprdaage 10 ■ prior encumbrance. Sobjeca I0 applicable law. Barrow 111111 pay a Leedom each dry iemadasn11 of p•RtdP1 sed a rea[tm payable ado the Node, rotil do ride is paid n full, a sum (herein refuted to es "Fmdr"l equal ia * • . tithe year!y cats and am.aaems which may mode priority over this Deed (Thnt, phis e% -' .' ` "'. •o ywly ppluimu( Imsdalimenls for Property Lnwrano, all es reasonably esdniiired initially owl Beira time to time by Leadsmie brhdaaeumaite bila wa and rneabie cameos thereof. thong UMammas nnd any ams Fads not toed a *Ran lees. !; The piocipdofthe Fries hWheld tohelelane*!comatbydoLandainwrfortebeekofdrelaowirariddapditil1 W ipakplloethe deposits or cc oIs*0whieh re mad agummed ■redidastYeaareey I.adarlWfapply the Vends gpq' said taint. ashcsarar ad res race premiums. Lathe may me thole lain Wang sad apppo(Br,Ptmda. rmlyWg 1114 Mar or verifying andlioaraid manneiaaiand brdm s. Leader grad] not be requkedeopo Baareenry'1ittemrorcombats ria Lark: dual givetoBon0 er.wirhaa charge. in annual ne awdnldhe Ponds mt{egnedtlsisddebits todothirds sodas pliloots for whkhe a h debit to dr Finds ams made. The Fundi are r additional savoy for the ssuinf�ieeoaiaad this Daldd[3tdr. _, BamlierMB pp amain to Lenderthe ayaye ald by �eass0Rro mmiikeliptheddeedreelncy�wadaiw30ak•!Bmerasa diploic make- rlsbebinkrice with limeparagraph %{Noticedb!•1 sums recBed bye Deed d11u.I.LsadariRW,emuWneoud tlaemot ' l;pva pureed*ldla W sums secured by tlds y 'derides Baioaasaiy Pads held by Lauder. If raider 12(Accelen do .Poseelomue: Other Remedial the Property is sada th4Pltloeitrh otherwise Magri/ by lender. Leaderawry, so liftman immediately prior to die Weddle Property arsaogaihkioaIn Leaderwhit:enrams dna. any Finds held by Leser at the time of application as a credit again roe sum soared by ark Dos of DM. 24. Transfer of the Propeny: Assumptive. The fd1ow'ma cies shop be refund to herein as a '?noel': G) attmsfq or evnveyaree td ride for any portion thereof, legal or equitable) of the Property (merry part thereof or"daunt dancing Iii) the aroemdo0d a contract or agreement matins a ride to eek fa any portion (hereof. or equitable) is the Polak Or eny pin Moot Or inkiest therein).iiiil or an agreement grain: a possessory right in the homily tor no portiontterovO• inCOM ofthree (3)yeari. Livia sale ae maim of. or the elocution of a comms! at agreement ermine a nein le acne= or receive. more than fiky pavan [50%) arks moaning innaesi a enae than fifty percent (50741 of the aneroid ieaseu in the Borrower. (v) aremagsn I.aurdasoa or dissolution d Baronet the Bnee. Nol m Trader be included as ■ Trr are hie the: cream of a a lien eecumbaact�e to bis Deed of Trost.lial elm amnion da porch" money security imam for h0urehuld Appliances. retail o master byaria. descent orby °puska of the law upon the death of a joint rain. M the election of Lender. iota esel of cal ad nun.Teansfer a1 All sums stewed by ibis Deed of Toast 111.11 beam iarmediokly due rod made (Aadlasda). rol If.Tianskroccurs and should Lender edesatec Leader's option amain Sothis parigraph 241oAatkmre,Tra sk:no shall be deemed mime assured all ado rhUariauof Borrower ender dos Dud ahem Mending d surawcvad hereby whether orout de Memnon evidencing such coca -mare. comma or gra y as paidn. 'Chis memo shall nm with ds Fiopetdr id ronin in full force and a en mail said rum as paid in full. The Lewdcrmy without mix tothe BoisoaerdedwbOTransferee sthe mot manner a with the !mom with references) said VMS including the paymentaan/it etTrook eedusiibasetliaenelirda °o pgment in full of said sumss widow in ray way aeries ordischarging etre Boroncr's liabilhybenmider for the Obligauans Reieby seemed. (el Should Leader not elect to Accelerate Opo the occurrence d such Transfer Ma, object to (b) obwe..the more faddy kaaed time or the acceptance of payment subienom ie any of such events. whaler or not Leda had actual or coanrrrctivt puke of suds Transfer. shop nil he deemed a waiver ofLad& siyda to nice such election nor dol Lender be estop4ed therefrom Uy vino thereof. The isuanee sin behalf of the Lender Of raninc stat T. chewing Mesmer of the lea. wlionier OF as lender had genal or co mrrrctkve mice in soh Transfer. shall oro be a waver or meow' of Lese's said rights. 25. Bonawcr's Copy. Bandana ockoowledges mop( of s coy d the Nae and this Dad of Trost. Cwnlared en aeon side. Pill Land Tale GUARANTEE COMPANY WWW I.TGC COM • Customer Distribution Our Order Number: GW63008872 Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 Date: 07-29-2014 For Title Assistance GLENWOOD SPRINGS "GW' UNIT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) cblackard@ Itgc. com SellerlOwner KENNETH L. MELBY 990 COUNTY ROAD 245 NEW CASTLE, CO 81647 Delivered via: US Postal Service Land Title Guarantee Company Estimate of Title Fees Land Title GUARANTEE COMPANY www LCC COM Order Number: GW63008872 Date: 07-29-2014 Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: KENNETH L. MELBY Wire Instructions Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 ABA No: 102103407 Account: 1010018 384 Please note: We do not accept ACH electronic transfers. Visit Land Title's website at www.Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. $199.00 Total THANK YOU FOR YOUR ORDER! $199.00 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63008872 Customer Ref -Loan No.: Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 07-24-2014 at 17:00:00 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KENNETH L. MELBY 5. The Land referred to in this Commitment is described as follows: LOT 13 THE MITCHELL CREEK PROJECT FILING NO. 1 ACCORDING TO THE PLAT RECORDED DECEMBER 9, 1982 AS RECEPTION NO. 335064 COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2014 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. =MOM uin rnu ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GW63008872 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. RELEASE OF DEED OF TRUST DATED MARCH 01, 1990 FROM KENNETH L. MELBY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF DEFIANCE, LTD., A COLORADO CORPORATION TO SECURE THE SUM OF $90,000.00 RECORDED MARCH 05, 1990, IN BOOK 773 AT PAGE 906 UNDER RECEPTION NO. 410373. 2. WARRANTY DEED FROM KENNETH L. MELBY TOA BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63008872 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1892, IN BOOK 12 AT PAGE 172 AS RECEPTION NO. 14164 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1892, IN BOOK 12 AT PAGE 172 AS RECEPTION NO. 14164 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 12, 1982, IN BOOK 614 AT PAGE 491 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 18, 1983, IN BOOK 622 AT PAGE 154 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 04, 1984, IN BOOK 656 AT PAGE 1U AND THIRD AMENDMENT RECORDED SEPTEMBER 27, 1984 IN BOOK 657 AT PAGE 402 AND FOURTH AMENDMENT TO COVENANTS RECORDED JUNE 26, 1989 IN BOOK 756 AT PAGE 954 AND FIFTH AMENDMENT TO COVENANTS RECORDED NOVEMBER 12, 2013 UNDER RECEPTION NO. 843056. 11. TERMS AND CONDITIONS OF THE SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED DECEMBER 9, 1982 IN BOOK 614 AT PAGE 4jAS RECEPTION NO. 335062, AND AS AMENDED BY Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63008872 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: DOCUMENT RECORDED APRIL 28, 1983 IN BOOK 626 AT PAGE 141 AS RECEPTION NO. 341542, AND SECOND AMENDMENT RECORDED JULY 26, 1983 IN BOOK 631 AT PAGE 713 AS RECEPTION NO. 344173. THIRD AMENDMENT RECORDED OCTOBER 10, 1984 IN BOOK 658 AT PAGE 311 AS RECEPTION NO. 356434. 12. EASEMENT, BUILDING ENVELOPES, OPEN SPACE AND RESTRICTIONS AS DISCLOSED BY DECLARATIONS SET FORTH ABOVE AND THE PLAT OF THE MITCHELL CREEK PROJECT FILING NO. 1, RECORDED DECEMBER 9, 1982 AS RECEPTION NO. 335064. 13. RIGHT OF WAY EASEMENT FOR IRRIGATION DITCH BEING 20 FEET IN WIDTH AS SAME CROSSES SUBJECT PROPERTY. 14. RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF MITCHELL CREEK AS SAME MAY AFFECT SUBJECT PROPERTY. 15. EASEMENT BEING 15 FEET IN WIDTH FOR CONSTRUCTION AND MAINTENANCE, BUT NOT FOR OTHER USES OR STORAGE AS RECORDED IN THE DECLARATION OF PROTECTIVE COVENANTS, RECORDED DECEMBER 9, 1982 IN BOOK 614 AT PAGE 491 AS RECEPTION NO. 335063. 16. TERMS AND CONDITIONS OF DESIGN CONTROL GUIDELINES FOR MITCHELL CREEK PROJECT RECORDED JUNE 26, 1989 IN BOOK 756 AT PAGE 948 AS RECEPTION NO. 402904. GUARANTEE COMPANY WWW.LTGC.COM JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ▪ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. IP! Land Title GUARANTEE COMPANY www IT 6C COM LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a specia! 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) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VIl 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 Land Title Guarantee Company 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 Lenders 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 material -men 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 un -filed mechanic's and material -men'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 CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages, Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. 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. ,'r liii111 ,` Py TITLE ' * * a # * ,., * �s: ALTA Commitment - 2006 Rev. J # -tp Commitment to Insure * Z. n 0'* �r # + • •' Q70 �N4.0 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 such policy or policies is not the fault of the Company. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of tide 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 Schedule A and B and to the Conditions of this Commitment. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. 11 the proposed Insured has or acquires 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 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 detect, 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 the 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 www.alta.crg. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a hen, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior t0 the dale the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Tide Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by. Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-850-4165 17 John E. Freyer President Authorized Officer or Agent " pl F1TLF,�...* itt 0#r * Z 7.1 o J m: 4--1-- • ., * * r) . Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey President - Ronde Yeager 5adatary AMERICAN LAND TITLE ASSOCIATION Appendix C :Fn fl/ t�k/ 4t �e Seg 6h � ; rq 16 w--eizA p y None E. f„p,-ty 3, Ppope;r4 a Yc-1 170 l�e4t Al�77/egc,Z e yh 2015 J-2 --15" #0ff ill/t7 la •e4 c .41 4-4 5 f :i- 1 cZ b f s.e � ,i ft r�ltot Pit r 01f !7 4 4://, 1, Gv c F) dt 16 PLE, V Po-ry )44 b74 ¢Y vf+4 142 Yok /0 1 l v - S.04)/11 l 1C)- Ai tire iib, o,•'rq as? h14 ,'7 e -e. ., „ l3 own // Appendix D Garfield County J Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-countv.com TAX PARCEL NUMBER: 211934319013 DATE: May 16, 2014 Updated: January 15, 2015 PROJECT: Mitchell Creek Lot 13 Plat Amendment OWNERS/APPLICANT: Kenneth Melby REPRESENTATIVE: Kenneth Melby PRACTICAL LOCATION: Mitchell Creek Lot 13 ZONING: PUD TYPE OF APPUCATION: Final Plat Amendment I. GENERAL PROJECT DESCRIPTION The applicant is requesting the adjustment of a platted building envelope. The request would shift the envelope approximately 10 feet to the east and extend the envelope an additional 10 feet to the south. The subject property, Lot 13 of the Mitchell Creek PUD/Subdivision, is identified on the grading plan approved with the Preliminary Plan to have a swale which is fed from a culvert that crosses the access street to the north of the parcel. In addition, due to the creek to the south there is a high water table and subsequently septic constraints have been identified in the area. The subdivision approval states that the building envelopes had been located to avoid topographical and drainage feature within the development. As a result, any amendment to the building envelope will need to be properly reviewed by the County Engineer and submittal requirements will need to address these constraints. Il. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • City of Glenwood Springs Comprehensive Plan (Designated as Single Family) • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) 1 • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements 111. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203.B. These application materials are generally summarized below: • Application Form • Ownership Documentation (deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) `-* Statement of Authority or Letter of Authorization, as necessary • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary • Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels. • Vicinity Map ▪ Improvements Agreement (may be waived upon request) • Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) • Code, Covenants, Restrictions Submit three paper copies and one CD for both applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: X None (Director's Decision) _Planning Commission Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection District, City of Glenwood Springs, appropriate HOA, Garfield County Designated Engineer, and State of Colorado, CDPHE, and Division of Water Resources. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 2 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $4030 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. The Director's decision is subject to a 10 - day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: David Pesnichak, AIC13- Senior Planner 3 Date U Appendix E SCALE: N.T.S. SHEET: 1 of 1 Vicinity Map DATE JANUARY 28, 2015 PROJECT: 07682 DRAWN BY: MIG CHKD BY: MIG DRAWING: Mitchell Creek Filing 1 Re 335064-20141126.dwg DIRECTORY: N:\07682\2014\Mitchell Creek -Lot 13\Survey Data\ GAMBA & ASSOCIATES MITCHELL CREEK PROJECT, FILING I GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 970/945-2550WWW.GAMBAENGINEERING.COM 113 NINTH ST., STE. 214 z (a2';: r--- ) (o21 JACOBSEN, RANDY G & THERESA S 0157 CREEKSIDE COURT 211934319011 BROOKS, JOHN R & NANCY K 179 CREEKSIDE COURT 211934319012 MELBY, KENNETH L 990 COUNTY ROAD 245 211934319013 RIPPY, GREGG P & MARILEE 5 213 CREEKSIDE COURT 211934319014 LIVINGSTON, WILLIAM C & MELANIE J REVOCABLE TRUST 178 CREEKSIDE COURT 211934319018 JAGER, THOMAS & REBECCA 1416 CHINOOK STREET 211934319025 BO W LES, ALLAN A 398 COUNTY ROAD 132 211934300030 (31„."9/ (02q 7 6-2T a0 3: 10a7 ,0� 05)N rr p0dl 02.1 024 1:70d� (00.1 $'029i 0 )dl s7 This map tS �or dluStrative purposes only and does n01 represen a wryey. it i3 proviaea as is rn Opt warranty Or any represenmhon o accuracy, timeliness or completeness. The user acknowledges and accepts all inherent Iimltabons of the maps and data, Including pie fact that th maps and data are dynamic and in a constant state o1 revision, maintenance, and conrecdon. No Lability is assumed by Garfield County as to M accuracy of the data delineated herein Garfield County, CO ate Printed: 2/23/2015 (6 16 101 10 w:' 02 a0 iSfa03j -2.00d1 I 1 f aa.L_ 0 2 0 Rob Hykys — —_07-0 '004 is aYri I'or3 �,?,�rr lilf��C 101 10 w:' 02 a0 iSfa03j -2.00d1 I 1 f aa.L_ 0 2 0 Rob Hykys Appendix F a W CERTIFICATION OF. DEDICATION AND OWNERSHIP rl 2 T +) V E •-1 `c 'd m A 1104 •r1 O > 21 .0 QS O V-' T O m D 'C 1J Z 1 V -1 C A el Ew U CP 4•10) a) 0 •4 N 0 a) C 0.4 V H H 0.1 - 0 JJ N C O) � H 04-'3©0 CN N 10 0.1 0 6. a) 3 N H .0 -1 H 'O 0 H tr C. wJ - - a) --1 .0 1J C 0) ti) aJ .0 R3 m N a) --i >9.C20 r! 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Witness my hand and seal of the County of Garfield. ATTEST: Chairman, Board of County Commissioners Garfield County, Colorado County Clerk CERTIFICATE OF DEDICATION AND OWNERSHIP ALLAN A. BOWLES PARCEL 2119-343-00-030 m 0m RED PLASTIC CAP S&W INC 19598 FOUND N36°46'53"E 11.71' FROM RECORD PROPERTY CORNER ALLAN A. BOWLES PARCEL 2119-343-00-030 The undersigned , being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing acres, more or less, [has/have] caused the described real property to be [surveyed], laid out, platted [and subdivided into lots and blocks] as shown on this Plat under the name and style of , [a Subdivision/an Exemption] in the County of Garfield. The Owner(s) do(es) hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the [Homeowner's Association/or owners of the lots, if no association] those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20 . STATE OF COLORADO COUNTY OF GARFIELD : Ss Owner Address: The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 20_, by My commission expires: Witness my hand and official seal. (SEAL) Notary Public CLERK AND RECORDER'S CERTIFICATE 20 RED PLASTIC CAP S&W INC 19598 FOUND N44°46'54"W 0.22' FROM RECORD PROPERTY CORNER Lot 14 GREGG & MARILEE RIPPY PARCEL 2119-343-19-014 / V 3.72' SPLIT -RAIL FENCE (APPARENT ENCROACHMENT EDGE OF BLOCK RETAINING WALL (APPARENT ENCROACHMENT) ORIGINAL BUILDING ENVELOPE 0 co co SPLIT RAIL FENCE (APPARENT ENCROACHMENT) SPLIT RAIL FENCE (APPARENT ENCROACHMENT) 4.52' 1.00' 0,6 F Lot 17 THOMAS & REBECCA JAGER PARCEL 2119-343-19-025 -NEW BUILDING ENVELOPE ' \ 4,059 SO.FT. 51 S0' 0.43 AC. KENNETH L. MELBY PARCEL 2119-343-19-013 ORIGINAL BUILDING ENVELOPE 4,059 SQ.FT. / 20 40 RED PLASTIC CAP S&W INC 19598 FOUND N23°57'51"E 20.06' FROM RECORD PROPERTY CORNER 60 GRAPHIC SCALE IN FEET 1 INCH = 20 FEET This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock , on this day of , 20, and is duly recorded as Reception No. NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may an action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. By: Deputy Clerk and Recorder ALLAN A. BOWLES PARCEL 2119-343-00-030 CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this day of , A.D., 20 Garfield County Treasurer / / Lot 12 JOHN & NANCY BROOKS PARCEL 2119-343-19-012 TITLE CERTIFICATE / NOTES 1.The unit of measure for this survey is the U.S. Survey Foot. 2.The basis of bearing for this survey is based on the original town monuments within the City of Glenwood Springs, Colorado located at the intersection of 8th and Blake Avenue and the intersection of 8th and Palmer Avenue. Said bearing being S 89°22'44" E. 3.The purpose of this Amended Final Plat Lot 13 of The Mitchell Creek Project, Filing No. 1 is to relocate the building envelope for Lot 13 cis it was originally created and depicted on the Final Plat of the Mitchell Creek Project, Filing I recorded at reception number 335064. The relocation of the building envelope will not alter the original building envelope area of 4,059 square feet. 4.This survey is based on a Commitment for Title Insurance from Land Title Guarantee Company; Order No. GW63008872 dated July 29, 2014. 5. The property is subject to notes, easements, open space and restriction as set forth and disclosed on the Final Plat of the Mitchell Creek Project, Filing No. 1 recorded at reception number 335064. 6. The property is subject to said Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project Filing No. 1 as recorded in said Book 614 at Page 491, the Amendment to Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project as recorded in said Book 622 at Page 154, the Second Amendment to Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project as recorded in said Book 656 at Page 163, the Third Amendment to Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project as recorded in said Book 657 at Page 402, the Fourth Amendment to Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project as recorded in said Book 756 at Page 954, and the Fifth Amendment to Declaration of Protective Covenants, Conditions and Restrictions of the Mitchell Creek Project as recorded as Reception number 843056. 7. The field survey was performed on August 29, 2014, November 19, 2014 and November 26, 2014. 8. A search of the mineral ownership records at the county assessor's office conducted by the property owner has not revealed any severance of the mineral rights from the property ownership. Therefore, it is assumed that Kenneth L. Melby is the owner of the mineral right for this property. I, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in Kenneth L. Melby, free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of , A.D., 20 . Title Company: OR Agent Attorney Colorado Attorney Registration No. LEGEND OFOUND MONUMENT AS NOTED HERE ON NEW BUILDING ENVELOPE BOUNDARY ORIGINAL BUILDING ENVELOPE BOUNDARY NEW BUILDING ENVELOPE AREA = 4,059 SQ.FT. PROPERTY OWNER Kenneth L. Melby 990 County Road 245 New Castle, Co 81647 SURVEYOR'S CERTIFICATE I, Michael J. Gamba, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Amended Plat of, Lot 13 of The Mitchell Creek Project, Filing I, as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of the Amended Lot 13 of The Mitchell Creek Project, Filing I as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of A.D., 20 . Michael J. Gamba, P.E. & P.L.S. No. 28036 COUNTY SURVEYOR'S CERTIFICATE Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq/ DATED this day of , A.D.,2014. Garfield County Surveyor Kenneth L. Melby Ur Z° iiW ttAA.�> la VJ � z 1 U� O W rA W z Z coIW ct 1- CO Q Vru N 20 O ;; u o Z�' Wa W N z • 0 Zz W to E 0 R. O N In W N N �(n d' hZ CD I- CL d 0 W •� aniZ •_ mCS m •O • a _a) M � s V 0 y.. ._ E DRAWN BY: SMG January 30, 2015 Lu o w U m 0 U N N CO .42 1- U Lu Mitchell Creek Filing I Rec 335064-20141126 updated.dwg z 0 DIRECTORY: H:\07682\2014\Mitchell Creek -Lot 13\Survey Data\ 0 Qm 0 = m U w 0 < m Modified building envelope per request of County and Property Owner z 0 7, > L En cQ N N LLJ 0 >O w z Appendix H �iOCe�c� • . i :t Q' A A ". E C 9 . R? .. 61-4 Recepton :c._2,3scs` .-. :: --' r;LS` ORF, RECORDER DECLARATION O? PROTECTIVE COVENANT'S, CONDITIONS AND RESTRICTIONS OF THE MITCHELL CREEK PROJECT FILING NO. 1 ;.KEREAS, MITCHELL CREEK, LTD., of the State of Colorado (hereafter "Declarant"), has caused certain real property in Garfield County, Colorado, described on Exhioit "A" annexed hereto and incnrporated herein by this reference, to be surveyed, subdivided, and platted into lots and common areas, as shown on the plat of the Mitchell Creek Project, which plat has been filed for recon: in the real property records of Garfield County, Colorado on the •J day of L _ 1982, in Plat Book. at arrilxes' L17:4; = =' 47 4. NOW, THEREFORE, Declarant, the owner in fee simple of all of the lands included within sato Mitchell Creek Project as so platted and above described, does hereby declare anJ acr,nowledge that all of the lands included within said subdivision are and sh.,1.. het -colter he subject to 311 of the following cove- nants, conditions, rest! ctions and limitations. ARTICLE I - PURPOSE OF COVENANTS 1. Rei •Jireme:nts. It is the intention of Declarant, expresse. his execution of thls instrument, that the lands within the Mitchell Creek Project be developed and maintained as a highly desirable residential area. It is the purpose of these covenants that the present natural beauty, the natural growth and native setting and surroundings of the Mitchell Creek Project shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. It is of primary intent that the 4 492 separ&t.•rt of each home site in the subdivision from neighboring home sites shall be protected insofar as is possible. r.RT::Cf TI - ] 1SIT ONS 1. Common Area '- .a11 m.er..n and refer to 811 real prc:perty owned by the AsSQCiaLi'On for the :tili74on ase and enpoymAnt of the members of the Association. Dot shill nean and refer to 4ny plot r'f ,.and shown ;jOL;n any re.:orded Subdivision map of ': e P-operties w:.tn :.he exception of tre Common Area as heretofore defined. ARTICLE Iia '1I'._1?ELS CREW{ HOME 0 `ERS. ASSOCI :,T I r IN 1. Membership in Mitchell Creek Home Owr,2ri• Association. Al, i ersonS or associations (other tt:an Mitchell Creek Home Owners As sooiatIoni who Cwn or acquire the title in fee to any of the lands in the :•litoneli CreeK :;:'-]act (other than lands dedicated as public roads), by wn atever means aco , t rred, snail automatically becom= members of :Mitchell Creek Horne O.an•ars .s.. -o:' -•=t i .>n, a Colorado not-for-profit corporation, in accordance, with the Art; :t .s :.E Incor- poration of said Mitch::ll Creek Hone Owners rkss•.7c ation as presently in effect and recorded or filed in the record:: of Garfield County, Colorado, =in i the same may be sly amended from time to LXIie .s n:: als: :i': or .-.girded in •.he .'cords. Jpc,-, the "nnve ansa by 42,. 1arart of of. 22 residential lots,'al.l conation areas and _facilities, irc1ud rb b+:'. witnc:,3r liri- tatioi, el -ementS, and recreational fa'illtie„ `:n l.i :)" ,,;�);:tf d by Declarant to tree Creek Home Cr). - z ,:o•. i it .on, which qnall awn, •);:42s';0t..:{, ma tn- t.at n re ,ir and adn:ini:•t.-:t thee arti. and E�:... _.. i .,••ic r t.i:1, i, wit..l the provision_ of the Articles of incorporation and By --laws of Mitchell Creek. Horne Owners ASociation, and these -wena'ts, coP'..itions ani re5tri::tiOn5. Such azim3.n15c:rati) -hall include ;Lit without 11:Tiltat.l� nr the m.a!'.irru or rinds and regulations ao.ertarra be use <,` commo.n .;reap a? facilities and levying .Df any -ic;:U L: r., ra r.`_..:.�:er ."�i,, irl.i ;lt:er:atlon of BSS.@.� �P� tg-7g._g•;gFi C, �1 ;.`?A � - such ar?a£ and facilities as well as the •'tn r rhe Mitchell Creek :$o.'.l r? ?: r@:S Assoclat.':q ac„ ot in said arcs- and by- laws. ;r.- ter,r, ..?n..,e° =n; -e' as :e_na',:rwQ ;s shall not he ,,.,^strued to �:?r:veyance b':• Dec'..arar: t.1 any corporation, `Jartnersl"Ii^. or. limited of w?..ich De%71arant t'Pe of least a fifty (50J percent - - ),._ _, : ia_ ion 9=- s'. na,,'e two classes '.)r membership! the 0...."cerA as defined i:'3 Section 1 "f this ACticle in. of the fir:i.-raft. "-r=' inti.:dfarri.. a .7n.17 c5.1nc4 .:itti the t+,'srwirr A 411. tors h.))::;7,7 an int,.teVA in .`+1 1 4r't 1 A21.:! r -e 00t] i lle to +-me vote for ?raid 7J -Jt .r1 .i i } hrF 't a ��krifit t $ s r r x.,'vss ice',-n71l.;, In zc. .ver.t r r,. :. _ 4.1 f h r•} -:K _ :' , •i'. ? Ai�� .w.:+tl `;hd i s be k nt i': le a to three the tilttr t ired for ALC riI1. pr,videa! ;.rat the Cl ss r1 rrw )Il . ,rivtftei +, • 111t 614 ¢:^t494: membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. ARTICLE IV - DESIGN CONTROL CJMMZ.'1EE 1. Appointment Duties. The Board of Directors shall appoint three persons at least one of whom must be an architect who need not be Metibars of the Association to serve as the Design Control Committee to serve at the pleasure of the Board. It shall be the duty of the Design Control. Committee and it shall have the power by the exercise of its best judgment to see that all structures, improvements, construction, decorating and landscaping on the Properties conform to and harmonize with the existing surroundings and struc- tures. 2. Design Guidelines. Design guidelines for the Mitchell Creek Project have been published under separate cover and are hereby adopted. It is intended that the guidelines shall be followed by all builders, developers, property owners and residents of the subdivision, and that the Design Control Committee follow the guidelines in their reviewing and permitting process. Lot purchasers will be asked to acknowledge receipt of these guidelines. These guidelines can serve the prospective homeowner or designer in arriv- ing at design decisions that are aesthetically and ecologically responsive to the environment of the Mitchell Creek Project, helping to insure that all structures and landscaping are compatible with one another and insofar as possible, are in harmony with the natural surroundings. 3. Approval by Design Control Committee. No improvements of any kind, including but not limited t, dwelling houses, sheds, outbuildings, swimming -4- pools, tennis courts, parking areas, fences, walls, garages, drives, antennae, flagpoles, curbs and walks, shall ever be constructed or altered on any lands within the Mitchell Creek Project, nor may any vegetation be altered or de- stroyed nor any landscaping performed on any tract, unless the complete plans for such construction or alteration or landso ping are approved in writing by the Design Control Committee prior to the commencement of such work. In the event the Design Control Committee fails to take any action within thirty (30) days after complete plans fo: such work have been submitted to it, then all of such submitted plans shall be deemed to be approved. All submissions, ap- provals, and/or disapprovals shall be submitted in writing, dated and receipted for. In the event the Design Control Committee shall disapprove any plans, the person or association submitting such plans may appeal the matter to the next annual or special meeting of the members of Mitchell Creek Home Owners Associa- tion, where a vote of at least two-thirds of the votes entitled to be cast at said meeting shall be required to change the decision of the Design Control -Committee. Opon submission to the Design Control Committee of any plans and specifications for a residential dwelling, the lot owner shall pay a fee equal to $0.10 per square foot of enclosed floor area within the proposed structure to defray the cost of examination of said plans. Further, at the time of approval of such plans and specification:;, the lot owner shall pay a deposit in the amount of $1,000.00 to the Design control Committee to assure that any damage done to roads easements or c :non areas during construction of the lot owner's improvements, and including e installation of utility services to the property, shall be fully repaired. did deposit shall be returned to the lot owner'upan completion of construction, and installation of utility services to the lot, providod all damages to roads. easements and common areas has been -5- soox g14 rzE49 suitably repaired. In the event such damage is not repaired by the lot owner within thirty (30) days following issuance of a Certificate of Occupancy by Garfield County, Colorado for such dwelling, then the Mitchell Creek Home Owners Association may use the deposited funds to repair the damage. In the event the damage exceeds the sum of $1,000.00, the Mitchell Creek Home Owners Association may charge the balance of the cost of the repairs to the lot owner as a special assessment against the property, to be collected in the manner of other assessments as provided in the Articles of Incorporation and the Sy -laws of Mitchell Creek Home Owners Association and any rules and regulations prc.mul- gated by such Association. Application to the County of Garfield for a Build- ing Permit shall not be made prior to approval of plans by the Design Control Committee. The Design Control Committee shall disapprove any plans submitted to it which are not sufficient for it to exercise the judgment required of it by these covenants. 5. Design Control Committee Not Liable. The Design Control Committee shall not be liable in damages to any pers: Tri 614 :>k,E4(-)e' applications for approval submitted to it (inc)uding one set of all plans so submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of tnis instrument. 7. The Design Control Committee shall have the authority to grant vari- ances from the provisions of the Design Guidelines in cases of irregularly shaped lots, unusual terrain, or other conditions where the strict enforcement would result in unusual hardship. The Design Control Committee shall be the sole and exclusive judge of whether or not said hardship exists. ARTICLE V - GENERAL RESTRICTIONS ON ALL LANDS 1. Zoning Regulations. No lands within the Mitchell Creek Project shall ever be occupied or used by or for any structure or purpose or in any manner which is contrary to the toning regulations of Garfield County, Colorado va::1ly in force from time to time, except as the same may be allowed under said regulations as a non -conforming structure or use. 2. D', Mining, Drilling or Quarrying. No mining, quarcying, tunnelling, excavating, or drilling for any substances within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall ever be permitted within t..^.e limits of Lne Mitchell Creek Project, except that anythini )stained in these covenants to the contrary notwithstanding may continue t be operated by Decia-ant, his teirs, successors or assigns except during cons•raction. 1. No Business Uses. No lot within the Mitchell Creek Project shall ever of occupied or used for any commercial or business purpose nor for any n.r.ious activity and nothing shall be done or permitted to be done on any of :111 i4i v s which 15 a nuisance or might become a nuisance to the owner or g;-" f 611 '498 owners of any of said lots. No store, office or other place of commercial or professional business of any kind; nor any hospital, sanitorium or other place for the care or treatment of the sick or disabledt physically or mentally; nor any public theater, ear, restaurant or other public place of entertainment; nor any church; nor any residential building housing more than one family, its servants or caretakers; shall ever be constructed, altered, or permitted to remain within the Mitchell Creek Project. 4. Signs. With the exception of one "For Rent" or For Sale" sign (which shall not be larger than 20 x 26 inches), and one entrance gate sign of a style and design approved by the Design Control Committee, no advertising signs, billboards, vesightly objects or nuisances shall be erected, alteted, or permitted to remain on any lot in the Mitchell Creek Project. 5. No Resubdivision. No lot described on the recorded plat of the Mitchell Creek Project shall ever be resubdivided into smaller tracts or lots nor conveyed or encumbered in any 'less than the 'ull original dimensions as shown on the recorded plat of the Mitchell Creek Project; provided that convey- ances or dedications of easements for utilities may be made for less than all of one tract. 6. Trash. All rubbish and trash shalom be removed from all lots in the Mitchell Creek Project and shall not be allowed to accumulate or be burned thereon. 7. No obnoxious or offensive activity shall be carried on within the subdivision, nor shall anything be done or permitted which shall constitute a public nuisance thereon. 8. Recreadional Vehicles. No recreational vehicle such as trail bikes, snowmobiles, unlicensed motorcycles, or any other unmuffled vehicle or n11.- -0- terrain vehicles shall be operated on any of the roads, private lots or common area within the subdivision, unless spe-ifi.ca:iy authorized by the Board of. Directors of the Association. 9. There shall be r? hunting of an; animals whatsoever within the boun- daries of the Mitchell_ Creek Prosect, nor •;ha11 there he the earryint1 or discharge of any firearms. 10. Maintenance in Public tights -of -1021/. Each lot owner shall be responsible fn: maintaining the public rignt-of-way dir.-tly in front of the owne.'s lot on the lot side of the street. This area shall be maintained as it it were a part of the owner's lot. Upon failure of the owner to do so, the Board of Directors, may at its option, after giving the owner thirty t30) days' written notice, have the area maintainei when, and as often as the same is necessary in its judgment, to :maintain the beauty of the properties. The cost of t:i+is maintenance may be charged to the lot owner as a special assessment against the property by the home Owners Association. Areas adjacent to common spare shall be maintained by the Home Owners .\ssociation. 11. On -Street Parking. There shall be no overnight on -street parking of any vehicle. Short-term (6 -hour) guest parking will be allowed, but not on a regular basis. 12. utility Easements Reserved. Declarant hereby reserves to itself, and its sucessors ie interest, perpetual easements as recorded on the final plat of the Mitchell Creek Project, for the purpose of pedestrian us( as well as con- structing, maintaining, operating, replacing, enlarging and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, poles, ditches and conduits. The Declarant may convey or grant by license, lease. Deed, lien, deed of trust, mortgage, or otherwise any right, title or -9- 114 amEF,4J interest in or to any and all easements aril rlservations contained within documents of conve;ance, these covenants or the ala*. 3f the Mitchell Creek Subdivision to ouhlic utilities and governmental entities ani agencies as may be reasonably necessary to effect tt.F' eleevelnpmenta and residential intentions as set forth in the plat :>nd rrreee 13. Soace Heating. Electric space heating >s etr.n:tines w11i nor be per- mitted unless consented to by the Glenwood -Ipr z ngs :Astern. Natural gas is available to the site. Lots 1 thrr)iW. 22 receive :rlr)i', of the sun available in the Glenwood area and solar should ne roost drired on these Lots. 1. ARTICLE VI - RESTRIC'T'IONS oN RE'S IDEr?'CIA3. !TTS Number and Location of Hai'_diLi3s. No oui1iirgs or sr.rlc•t:reel :;ball be Padre., 0, ..,._d, altered. cr pa:er .t... . ....._.. nn any .. ! .v other than: a) One detached single-farrl/ dwelltr1 i')UGe W1tr. etta.:hee ❑u.-rter>: for servants or caretakers; and b) One non-residential outbuilding wh:.eh can r: a ;.taus. 2. Trees and Landscaping. No tree:: or t'n rhes urowinq on any residential lot shall he felled, nor shall any natural area he cle.ared, or tnc,.sa1 lawn areas constructed, or Landscaping performed n ,ny .....: irrnti ). r.+•~t'. without F the odor written permission of the Design Control Committee. 3. Commercial Vehicles, e`.ampers, or Trailers. No campers, recreational vehicles, ooats, trailers, commercial type vehicles or trucks shall hp .stored or parked on any Lot except in a closed garage, nor narked on any street, road or Common Area except while engaged in tra-e:port to or from .i '1welling. "or fi 1 134e:r rjt the purposes of this resrri•.:tion, a tru'17k 't:iv.int. 3 3/4 ton manufacturer's rated :atast:iC�'. .'.0.Tonor.iy known t•:k-ur: r_ri;••k, shh11 not 7e deemed 10 be a corn- -0-.1n1- of a truck. 4. ;a•2 mace. A1. �T,'r: ;I•.r.. „: rn the final plat will be .h,• Home `hrner:- he r-t.$ed as desirei by the ksc y.-;, • .%,s .Strl:a,•t .T•f sr:'r1: •crorage, 4! r:.gation ditches, and t , --Foot Setbacks. Where side yard setbacks are rediced to a•,ement 1s res.n-ve for ,:onstructlor and for ma?n`_en•ance but storaon, on r.he adjacent propert:. An easement for use and f y, ",nf.7: ng of said 1 -foot setback t1: reserved for the ad}acer:t prop- n F• --r+- ; 1-acent property's Landscaping is dlsttrbed by ase of the snd nraintenaeasement. it snaL1 be the responsibility of the •,-•.Jrb1•k. correct the •jistorbances. however, the owner of said ,., . r ,�r-srt.y snail. not plant other than grass in this 15 -foot easement the adiacent lot or for a period of. 5 years. ARTICLE VII - ENFORCEMENT Enforcement Actions. The DeSign Control Committee shall have the �.- -, „_ ::Lecite any action to enforce the provisions of all of these cove- ,;:•:vr- .4f11u.`, :,n n(:1:a1f ,f Itsi-41 and 311 or part of the owners tne Ktt^heLl Creek Protect. In a•i:iit:ion, each owner of a lot ,rite: n 1Y,O. M.tcnell '"raek ?ro ieCt., inctkrt. nq Mitchell Creek Home Owners Associ- ation, :;r1;. have the right to prosecu:t!'. .any fiction for injunctive relief and `(1r -1amaa?•. reason of any violation '?f `hese covenants. Any lot owner ie.ter!T:'i'- . oe i:': -J;'11.:atlrrf1 ',1 t.nr: ..: conditions and reStrictionS &JOK fit 4 p.!if 5(? by a court of appropriate jurisdiction, agrees to pay the reasonable attorneys) fees incurred by the person or entity bringing such action. ARTICLE VIII - GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the binds in the Mitche:L Creek project, and the benefits thereof shall inure to the owners of .ili. of the lands in the Mitchell Creek F'oject, and the benefits and burdens of all said covenants shall run with the title to all of the lands in the Mitchell Creek Project. 2. Termination of Covenants. The covenants contained it this instrument shall terminate thirty years after the date of execution or:' this instrument, or at the time of final dissolution of the Colorado corporation not for profit known as Mitchell Creek Home Owners Association, whichever shall first occur. These covenants may be amended by a vote of two --:,birds of the votes entitled to be cast by the members of Mitchell Creek Home •)w-ters Association at annual or special meetings thereof, said vote to be cast atit any meeting of the members duly held in accordance with the Articles of incorporation and By-laws of Mitchell Creek Home Owners Association, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado upon adoption. 3. Severability. Should any part or parts o= these covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 4. Paragraph Headings. The paragraph headings in this instrument are for ccnvenience only and shall not be construed to be a purt of the :ovenants contained herein. -12- IN WITNESS WHEREOF, Declarant, the owner in fee of all of the lands described and subdivided as the Mitchell Creek Project, has executed this instrument this STATE OF COLORADO COUNTY OF C- (C ) day of ss. 1982. MITCHELL CREEK, LTD., a Colorado limited partnership 5y t4itchell Creek Corporation, a Colorado corporation, its General Partner ld G. De ton, President I Subscribed and sworn to before me this i L�ti day of VC1-»D r; � 1982 by Harold G. Denton as President of Mitchell Creek Corporation, a Colorado corporation, General Partner of Mitchell Creek, Ltd., a Colorado limited partnership. dJipt',p my hand and official seal. My cisipn expires: -.. t4O1AR -` - 4C r•a i7 Notary Public i j� ,±; /Kr-, ��:- � .1 -13- S LF(AL DESCRIPTION THE (iITCHFLL CREEK PROJECT FILING NO. 1 B1OOK 614 Pact T,3 A parcel of land located in the Southwest One -Quarter of the Southwest One --Quarter (SW;,SW;) of Section 34, Township 5 South, Range 89 West of the Sixth Principal Meridian, Garfield County, Colorado according to the Extension Survey of said Township and Range as approved by the U. S. Supervisor of Surveys in Denver, Colorado on December 2; 1930; said parcel being more particularly described as follows, t: wit: Beginning at a point on the .1ortheriy Right -of -tray Boundary Line of f:arfield County Road 9o. 130 from which the Southwest Corner of said Section 34 bears 5.87°40'55"W. 730.23 feet dis- tant; thence departing said Northerly Line 9.06°43'45''W_ 155.88 feet; thence 9.69°37'28"E. 45.15 feet to a point on the Easterly Bank of 'Mitchell Creek, as it now exists; thence along said Easterly Bank the following eleven (11) courses: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) ].1) N. 20 °20' 39 "W. 9.44'55'39"W. N.72°49'59"W. '4.62°10'54"W. N.40°00'00"W. N. 13°00' 32"W. N.18°12'27"E. 9.11°43'43"W. 9.16°09'57"E. N. 09 °25' 53"tv. N.22032107"12. 107.71 10 8. 71 72.64 57.11 225.00 249.61 108.45 74.45 63.68 47.44 172.71 feet feet feet feet feet feet feet feet feet feet feet thence departing said Easterly Bank 5.90°00'00"E. 875.65 feet to a point on the East Line of said SWi,5W; of Section 34; thence along said East Line 5.01°09'57"E. 1253.85 feet to a point on the.Northerly Right -of -Way Boundary Line of Garfield County Rcad No. 130; thence along said Northerly Boundary l..ine the following two (2) courses: 1) S.89°47'37"W. 339.87 feet 2) 5.89'50'00"W. 245.00 ;,.cit to the ;joint of bc•f:inning. Said parcel contains 23.820 acres, more or less. Excepting therefrom, however, easements and rights-of-way for roads, ditches, and uti litic_' of record or as same exist. • 4 R.cspiion Na ' A4Wile `MILDRED AL.SDORC RECORDER AMENDMENT TO DECLARATIONS OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF T)2 MITCHELL CREEK PROJECT MITCHELL CREEK, LTD., A COLORADO LIMITED P1.RTNERSHIP, HEREBY DECLARES THE FOLLOWING AMENDMENT TO THE DECLARATION OF PROTECTIVE CONDITIONS AND RESTRICTIONS OF THE MITCHELL CREEK PROJECT, COUNTY STATE OF COLORADO, RECORDED IN BOOK 614, PAGE 491, IN THE RECORDS GARFIELD COUNTY CLERK AND RECORDER: THE THIRD PARAGRAPH OF ARTICLE VI - RESTRICTIONS ON RESIDENTIAL LOTS IS AMENDED AS FOLLOWS: 3. COMMERCIAL VESICLES, CAMPERS, OR TRAIL_ ': . NO CAMPERS, RECREATIONAL VEHICLES, BOATS, TRAILERS, COMMERCIAL "i."?:-�E VEHICLES OR TRUCKS SHALL BE STORED OR PARKED ON ANY LOT EXCEPT IN A CLOSED GARAGE, OR SCREENED PARKING AREA, NOR PARKED ON ANY STREET, ROAD OR COMMON AREA EXCEPT WHILE ENGAGED IN TRANSPORT TO OR FROM A DWELLING. FOR THE PURPOSE OF TEES RESTRICTION, A TRUCK HAVING A 3/4 TON MANUFACTURER'S RATED CAm,CITY, COMMONLY KNOWN AS X P "CK• -UP TRUCK, SHALL NOT BE DEEMED TO BE A COMMERCIAL VEHICLE OR A TRUCK. MAKES AND COVENANTS, OF G: P.FIELD, OF THE ECUTED THIS /.4-17 ' XEDAY OF MARCH, 1983. STA=" • OF COLORADO ) ) COUNTY OF GARTIFLD ) ss. MITCHELL CREEK, LTD., a Colorado Limited Partnership By Mitchell Creek Corporation, a Colorado Corporation, its General Partner By Ha old G. Denton, President saa:4ped and sworn to before me this _ie. day of March, 1983 by Harold G....Antgti Qe�'resident of Mitchell Creek Corporation, a Colorado corporation, el Pat'ts4 r"'Qf Mitchell Creek, Ltd., a Colorado limited partnership. . -- 4 � rin• AY9. ' •'1_..1•`OPITs►ts my hnd and official seal. (lrtvnu� Springs, CO 81601 `.� �, 'sty Commission Expires May 1,1935 € mmiS$ion expires: AQdrsas1 NotarirJublic ,., .1 • i�-n�a et 1:..3! o'ciocic p S£P 0 4 I984 Rieception No. 4 MILDRED ALEDORE, RECORDER G Etr. 0 C OU! TY, COLORADO SECOND AMENDMENT To DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF THE MITCHELL CREEK PROJECT Bin( 656 r cEi63 MITCHELL CREEK, LTD., A COLORADO LIMITED PARTNERSHIP, HEREBY MAKES AND DECLARES THE FOLLOWING SECOND AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTR?CTIONS OF THE MITCHELL CREEK PROJECT, FILING NO. 1, COUNTY OF GARFIELD, STATE OF COLORADO, RECORDED IN BOOK 614, PAGE 491, AND AS AMENDED AND RECORDED IN BOOK 622, PAGE 154 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THE FOLLOWING ARTICLE IX - MAINTENANCE ASSESSMENTS SHALL BE ADDED TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AS FOLLOWS: ARTICLE IX - MAINTENANCE ASSESSMENTS 1. Personal Obligation for Assessment. The Declarant, hereby covenants, and each Owner of any Lot, except those exempt under Paragragh 9 of this Article, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges, and (2) Special assessments for capital improvements, such assessments to be established and collected from time to time by the Association as hereinafter provided. The annual and special assessments, together with such interest thereon, cost of collection and reasonable attorney's fees, shall be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The Association may bill and collect said annual assessments on a monthly or quarterly rather than an annual basis if it so desires. 2. Purpose of Assessments. The assessments levied by the Association upon the Lots shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the properties ar.d in particular for the improvements, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and irrigation ditch easements, including, but. not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and f_ or the cost of labor, equipment, materials, management and supervision thereof . 3. Basis arta Maximum of Annual Assessments. Each Lot shall, as hereinafter provided, be subject to an annual assessment of not more than $60.00. The Board of Directors shall fix the annual assessment within said maximum as they deem necessary in their discretion. From and after January 1, 1986, the maximum annual assessment. may be increased or decreased by the assent of two-thirds Boo:% 65614'0E164 (2/3) of the votes of each class of Members who are voting in person or by proxy, at a meeting of the Members, written notice of which setting forth the fact that the question of the change in the assessment limit shall be considered shall be sent to all Members not less than 35 days nor more than 50 days in advance of the meeting. 4. Special Assessments for Capital Improvements. Ir. addition to the annual assessments aelthorized above, the Association may levy in any fiscal year, a special assessment applicable to that year only which may be collected on a monthly basis, for the p'rrpcse of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and irrigation ditch easement, including the necessary fixtures and personal property related thereto, provided that, any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at the meeting of the members, written notice of which setting forth the fact that the question of the imposition of the special assessment shall ne discussed, shall be sent to all members not less than 15 days nor more than 50 days in advance of the meeting. 5. Quorum for any Action Authorized Under Sections 3 and 4. The quorum required for an7 action authorized by Paragraph 3 and 4 of this Article, shall be as follows: At the first meeting call.ed, the presence at the meeting of Members or of proxies en; i tied to cast sixty percent (60€) of ail votes of each class of memo:rship shall constitute a quorum. If the required cpiorum is not fort: -...corning at any meeting another meeting may he called, subject to the notice *.equirements set for in Paragraphs 3 and 4 of this Article, and the required quorum at such subsequent meeting, shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 6. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots one year following the conveyance of the Common Area_ The Aoard of Directors shall fix the amount of the annual assessment at least 30 days advance of said commencement date and for any change in the annual assessment shall not be effective for 30 days following its approval. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The due. dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish to any person with respect to a particular Lot a cert i fi rate in writing signed by an officer cf the Association, setting forth the amount of the annual and special assessments on said Lot and whether said assessments are current . A reasonable charge may he made by the Association for the issuance of the certificates. Such certificates shall be conclusive evidence of the facts stated therein. 7. Assessment Lien. Assessments levied. upon Lots shay_ be a perpetual lien upon said Lots until such assessments and any interest, penalties and charges which may accrue thereon shall have been paid or the conditions occur as hereinafter provided; but such liens shall be subordinate to the lien of are„, trust deed or mortgages. Sale or -ransfer of any lot shall not affect the assessment- Lien. However., the sale or transfer of any Lot whi ren i s subject to any trust deed :r BOOR 656 PAGEI.6 5 mortgage or any proceeding resulting from a default on the trust deed or mortgage and hand in lieu of foreclosure thereof, shall extinguish the lien of such assessments as tc payments thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from Liability for any assessments thereafter becoming due or from the lien thereof_ 8. Effect of Nonpayment of Assessments: Remedies pf the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 12 percent per annum, and the Association may bring an action at law against the Owner personally ,bligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any s.ch action shall be added to the amount of such assessment. No Owner mny waive or otherwise escape liability for the assessments provided for herein by non-use of the Coniston Area or abandonment of his Lot. 9. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments, charges: and liens created herein: (a) All properties to the extent of any easement or oth tr interest therein dedicated and accepted by a :vocal public authority and devoted to a public use; (b) the Common Area; (c) the Park area. EXECUTED THIS DAY OF( a '� -' 1984. �� MITCHELL CREEK, LTD., a Colorado Limited Partnership By MitcheIll Creek Corporation, a Colorait4o corporation its Geberal Paxtngr" t By. A STATE OF COLORADO ) } COUNTY. OF GARFIELD ) SS. Had G. Denton, President '` Subs ribed and sworn to before me this '' day of ;' ..C',= llweption 4o MifORED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO THIRD AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS OF THE MITCHELL CREEK PROJECT MITCHELI, CREEK, LTD., A COLORADO LIMITED PARTNERSHIP, HEREBY MAKES AND DECLARES THE FOLLOWING THIRD AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTONS OF THE MITCHELL CREEK PROJECT, FILING NO. 1, COUNTY OF GARFIELD, STATE OF COLORADO, RECORDED IN BOOK 614, PAGE 491, AS AMENDED AND RECORDED IN BOOR 622, PACE 154, AND AS AMENDED AND RECORDED IN ROOK 656, PAGE 163 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THE SECOND PARAGRAPH OF ARTICLE ITT - MITCHELL CREEK HOME OWNERS ASSOCIATION TS AMENDED AS FOLLOWS: 2. Votina. The Association shall have two classes of membership: Class A. A31 the Owners as defined in Section 1 of this Article with the exception of the Declarant.. Class B. The Declarant. Voting rights shall be in accordance with the following: Class A Members. Those Class A members holding an interest in any one Lot shall collectively be entitled to one vote for said Lot. The vote for each Lot shall be exercised by the Owners thereof as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B Members. The Class R member shall be entitled to three votes for each Lot in which it holds the interest required for membership by Section 1 of Article III, provided that the Class B membership shall cease and become converted to Class A membership on the happening of either of the following events, which ever occurs earlier: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class H ;membership, or (h) On December 11, 1989 - EXECUTED THIS gPJT TR DAY OF STATE 0? COLORADO 1 ) ss. COUNTY,OF GARFIELD I 1984. MITCHELL CREEK, LTD., a Colorado Limited Partnership By Mitchell Creek Corporation, a Col ado corporation, its General Part71er BY Ha o d G. Denton, Presi ent Subscribed and sworn to before me this a.54—day of v4011446" ,--. 1984 by Harold G. Denton as President of Mitchell Creek Corporation, a Colorado corporation, General Partner of Mitchell Creels, Ltd,.;"d,•Golorado limited partnership. Witness Try hand and affic?.a] se My commission expires /?- 17 Mary Public Address: • �e��, �.}r+ 3EIEW Z �` 24 - Cet9 �? k - qcf �`• dtacayt[on leo.-_ •.�i6e7_l,Ja? 1.., i. I • r;s, RECORDER ,. r hF1, LU ;.va..i l'. COLORADO S l• rfeE FOURTH AMENDMENT TO DECLARATION OF PROTECTIVE Cu +.MI5, CONDITIONS AND RESTRICTIONS . THE MITCHELL CREEK PROJECT, FILING NO. 1 MITCHELL CREEK HOMEOWNERS ASSOCIATION, INC., HEREBY _MAKES• AND DECE.RRES THE FOLLOWING FOURTH AMENDMENT TO THE DECLARATION OF PROTEC1 YE COVENA(18, CONDITIONS AND RESTRICTIONS OF TIIE MITCHELL CREEK PRGJECT; FH:iNG NO. 1. COUNT/OF, GARFIELD, STATE OF COLORADO, RECORDED IN BOOK 614, AT PAulG 49T; AS AMENDED A NIi RECORDED IN BOOK 622 AT PAGE 154, AS FURTHER AMENDVD AND RECORDED-IN'BOOHOO AT PAGE 163, AND AS AMENDED AND RECORDED IN BOOK 657 kf PAGE 402 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: ARTICLE P1- DESIGN CONTROL COMMITTEE Paragraph L AngtipMeatibglity - shall be amended to read: The Board of iitwcto o shall appoint three prams 10 some es the Design Control Committee at the pleasure of the Board. It shall be the duty et the Design Control Committee and it shall have the power by the.eaerese or.its best judgement to see that all structures, improraaents, tonstnictioe, decorstiog and landscaping as the Properties conform to and harmonise with the existing surroundings and structures. Paragraph 3. Aonrnval br Desire Control Committee - shall read: No improvements of imy kind, Including but not limited to dwelling houses, sheds, outbuildings, swimming pools, tennis courts, perking areas; fences, walls. garages, drives. antennae, flagpoles, curbs sad walks, iitadl.evrr be constructed or altered on any lauds within the Mitchel Creek,Pr jxt,,aor may any vegetation be tittered or destroyed oar Soy kindsorpbig pkrtorthed on any tract, unless the complete plans for soca constraetloi ar'lteentloi or landscaping are approved in writing by the Deilgo Cantiai..Giiarelttie prior to the commas:meat of such work. In the event the iiMigkelipirol Committee fails to take any action within thirty (30) da i• idler obmplete plans for such work have been swbmitted to it, that all car efel mkmitted plans shall be deemed to be approved. AR ULmhalaas, app}arals,``fid/or disapprovals shall be submitted In writing, Anted aitd.fetelle 6:fo'Y ;In the event the Design Control Committee shall dIsupprore any plins,Ali -ptsson or association submitting sues plans may app a7 the mom, to Niemela annul or special meeting of the members of Mick!! Creek itaonettrilry- Asaociatton,where a rote eat Idot two-thirds of the vont Tient di Tie nil at suid meeting shall be regnkd to change the decielon_,af!thd deiIP1` Control Committee. At the tune of approval of rude plana and iiptdtl dtopti the lot owner shall pay a deposit In the Moen& 6f 51,000. 0 ts;xid50 tai Control Committee to assure fast any damage done to Ionil; aiewaat'or common areas during construction of the lot Orontes iiietaN+`+ !,,and Including the Installeeoa o[ utility aerr[ws to the propd'lyr�! �S 1b1b1 repaired. Said deposit obeli he repealed to the lot owfki of construction and installation of shill services Mein 140/161414 iU damages to roads, easements and corsr000 areas has been meet: D,�ji j+dtad: In the event soch damage Is not repaired by the Tet owner vilthis'thii ' O)' days following Issuance of a Ceniieats of Oceuppnc' by.C+_'wriieleldfCbiai1 Colorado far such dwelling, then the Medea Criek Raa!e'()wnei-s Association ;nay use the deposited funds to repfilr the dfunage in the ergot the damage exceeds the sum of 51,000.00, the MRelaeU Crede HomeOeiners Association may charge the balsam of the asst of.ilm repairs:td;the 1dl fiviner an a special assessment *phut the property, to be Collected in, the matins et outer assessments as provided in the Articles of Incorporation eadtbcity- laws of Mlldhdl Creek Horne Owner's Assodatluu and any riles sad regulations promulgated by such Assodation. Application to the Camay of Gnrfdd for a Building Permit shall not bedside prior to apisernal of plans by the Design Control Committee. The Dtwtms Control Camden shaII disapprove any pians submitted to it which vas not sellldent for It to esetclse the Judgment required of It by these consents. f [)[ IYI ANEENl1 NTF 11 CI.4R+►TION1 OF rittApt7tvg coile2 - CONDITIONS AND CNOx'cS . . T3[F MITClU LL CR 1; !'R `P, FILA NA I, EXECUTED MIS _ DAY STA" E (W COLORADO } } ss COLLA i'Y' Cl{ GAR.FIELD ) 148! Mfl E i CRESIC HOMED AS IATION, !NC`M a L'orporsliciss Subscribed acid worn to heron me [Mace., _ day pfd.. Kenneth Wier,cek as President of Mitchell Creels Horcex1wneTS kiseEkiitiali, CuldridO Witaess mg hand and officEpl Bee. twrinIssion L pi:ex My commission expares Addreii 4' VIII fir4I'Lhili11111.fliitr4Itli `fill ffi,fii%illitHiii �11i1 Reeeption4: 843056 iu 12+2013 10.25 07. 4r Jean A:bericc 1 ❑f 2 Ric Fee $15 00 Doe Fee.0 00 CARFIELO COUNTY CO Recording requested by: After recording return to: Matthew Laurel Trinidad Karp Neu Hanlon, P.C. 201 14`h Street, Suite 200 Glenwood Springs, CO 81601 Fifth Amendment to the Declarations of Protective Covenants, Conditions, and Restrictions of the Mitchell Creek Project, Filing No. 1 (as amended) The Mitchell Creek Homeowners Association, Inc. (the "Association") makes and declares the following "Fifth Amendment" to the Declaration of Protective Covenants, Conditions, and Restrictions of the Mitchell Creek Project Filing No. 1 (the "Declarations"), dated December 7, 1982 and recorded on December 9, 1982 under Reception No. 335063 and in Book 614 at Page 491; as amended pursuant to the Amendment thereto dated March 10, 1983 and recorded in Book 622 at Page 154; as further amended pursuant to the Second Amendment thereto dated August 30, 1984 and recorded in Book 656 at Page 163; as further amended pursuant to the Third Amendment thereto dated September 24, 1984 and recorded in Book 657 at Page 402; and as further amended pursuant to the Fourth Amendment thereto dated the June 20, 1989 and recorded in Book 756 at Page 954, all in the records of the Garfield County Clerk and recorder: 1.) The following sentence, which is the first sentence of Section 2 of Article VIII of the Declarations, is hereby revoked: The covenants contained in this instrument shall terminate thirty years after the date of execution of this instrument, or at the time of final dissolution of the Colorado corporation not for profit known as Mitchell Creek Home Owners Association, whichever shall first occur. 2.) The following sentence replaces the sentence that was revoked in the foregoing Item 1. The covenants contained in this instrument shall terminate on December 7, 2032 or at the time of final dissolution of the Colorado corporation not for profit known as Mitchell Creek Homeowners' Association, Inc. whichever shall first occur. This Fifth Amendment was duly authorized by the affirmative vote of two thirds of the Members of the Association, all in accordance with the Bylaws of the Association and applicable law. Signature page and acknowledgment follows immediately Fifth Amendment to Declarations Page 1 of 2 Orli I'i fihil 'API 11111 Recept.iont: 843056 .1-1;120 a 10:25.0' OM jean A!bereco 2 of 2 Rec Fee'$E6 00 Doc Fee 0 DD GARFIELD COUNTY CO This Fitth Amendment to the Declarations of rrotective Covenants, Conditions, and Restrictions of the Mitchell Creek Project, Filing No. 1 (as amended) is entered by the Association as of this GJday of ATTEST: mes Mason, its Secretary STATE OF COLORADO ) } ss COUNTY OF GARFIELD ) Mitchell Creek Homeowners Association, Inc. a Colorado corporation: By. Kenneth Wiencek, its president Acknowledged before me this (0 day of 1b ,1. , 2013 by Kenneth Wiencek as president of the Mitchell Creek Homeowners Association, Inc. a Colorado corporation and by James Mason, as Secretary of the corporation. Witness my hand a.. official seal. [SEAL] STATE OF COLORA' inTARY ID 1393' ' Ni ary Public commission expires: • i 7 RENEE MASON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934001323 MY COMMISSION EXPIRES 01-27-2017 Fifth Amendment to Declarations Page 2 of 2