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HomeMy WebLinkAbout1.0 Application• giktEIVEZ 3. 2 JOINT APPLICATION BEFORE THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND THE PLAT OF WESTBANK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO. 1 Applicants: Marlin (Colorado), Ltd. c/o Neiley & Alder 201 North Mill Street, Suite 102 Aspen, Colorado 81611 Westbank Ranch Homeowners Association P. 0. Box 2703 Glenwood Springs, Colorado 81602 Real Property: The Preserve at Prehm Ranch, County of Garfield, State of Colorado, and Representatives: Richard Y. Neiley, Jr., No. 9878 Neiley & Alder 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Steven M. Beattie, No. 6289 Beattie & Chadwick 710 Cooper Avenue, Suite 200 Glenwood Springs, Colorado 81601 (970) 945-8659 Westbank Ranch Planned Development Subdivision, Filing Nos. 1, 2 and 3, County of Garfield, State of Colorado. • 1 JOINT APPLICATION BEFORE THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND THE PLAT OF WESTBANK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO. 1 This Joint Application is submitted on behalf of the Westbank Ranch Homeowners Association ("Westbank Ranch HOA") and Marlin (Colorado), Ltd. ("Marlin"). In this Application, the Applicants seek to amend the Plat of the Westbank Ranch Planned Development Subdivision, Filing No. 1 (a copy of the Plat as recorded in the real estate records of Garfield County on January 20, 1971, as Reception No. 248729, is appended hereto as Exhibit "A"), to accomplish the following: 1. To conform the Plat with the vacation of the sixty (60) foot "road easement" depicted thereon traversing Lots 22 and 23 between the public roadway identified as Oak Lane (County Road 70) and the property to the west commonly known as The Preserve at Prehm Ranch, as evidenced by Resolution No. 2001- 58 (a copy of Resolution No. 2001 - 58 is appended hereto as Exhibit "B"), and to reflect the deletion of the "road easement" from the Plat; 2. To depict the conveyance of a parcel of land from Marlin to Westbank Ranch HOA adjoining the west boundary of the Westbank Ranch Subdivision, identified as the "Greenbelt/Open Space Parcel" and the "Driveway Easement" on the Amended Plat of Lots 22 and 23, Westbank Ranch Planned Development Subdivision, Filing No. 1 (a copy of the Amended Plat is appended hereto as Exhibit "C"); and 3. To depict the creation of a "Private Access Easement" creating a right of access between Oak Lane and The Preserve at Prehm Ranch and Lot 22, Westbank Ranch, Filing No. 1, pursuant to the terms of that certain Access Easement Agreement between Westbank Ranch HOA and Marlin (a copy of that Access Easement Agreement is appended hereto as Exhibit "D"). This application is submitted pursuant to Garfield County Subdivision Regulations, § 6:00 et seq. and 7:00 et seq. These Subdivision Regulations have been identified by the Garfield County Attorney's Office as constituting land use regulations which must be complied with for the processing of this Plat Amendment Application. As required by said Subdivision Regulations, the Applicants submit the following information. The Amendment does not increase the number of subdivision lots or units or result in a major relocation of a road or the addition of new "roads." The applicants note that the original Plat reflected a sixty (60) foot "road easement" in the vicinity of the Private Access Easement depicted on the Amended Plat. To the extent that the Amendment may be deemed to establish a "new road," the parties assert that the existing public roadways in Westbank Subdivision are adequate to accommodate the projected traffic impacts from The Preserve at Prehm Ranch as evidenced by the Traffic Analysis Report prepared by the Washington Group (a copy of the Traffic Analysis Report is appended hereto as Exhibit "E"). As a limited use, private access driveway, the access depicted on the Amended Plat is not intended to constitute a public right-of-way and is not intended by the Applicants to be defined 1 • • as a "street" or "road." Under the terms of the Subdivision Regulations, a "street/road" is "an area of land reserved for public use which provides primary vehicular and pedestrian access to adjacent properties ..." (§ 2:20.46) (emphasis supplied) The Subdivision Regulations require only that "streets" in subdivisions be dedicated to public use. Those Regulations do not require that private access easements be so dedicated. The Applicants expressly desire to preclude any right of public access on the driveway extension between Oak Lane and The Preserve at Prehm Ranch, to require that all maintenance of the driveway be the obligation of Marlin and to create an ownership interest in the real property underlying the driveway in favor of Westbank Ranch HOA to insure that the limited uses of the driveway may be monitored and enforced. The granting of approval of the Amended Plat will not result in any violation of Garfield County Zoning Regulations. All of the uses on Prehm Ranch, on Lot 22, Westbank Ranch Filing No. 1, and on all properties within the Westbank Ranch Subdivision will continue to be residential, in full compliance with Zoning Regulations. Granting the Amendment requested herein will not affect density, set -backs, permitted uses or other matters addressed in the Zoning Regulations. Legal access to all properties covered by the Plat Amendment will be maintained. Drainage on the private access driveway will be subject to requirements of the Garfield County Road and Bridge Department in conjunction with Marlin's submission of a Driveway Permit Application. Marlin commits to complying with drainage and other requirements imposed by the Road and Bridge Department. The private access driveway will enhance fire safety and emergency access between the subject properties. This Application is submitted as part of a resolution of disputed issues involving the Applicants and Garfield County related to the existing private access driveway which was constructed by Marlin without the consent of the Westbank Ranch HOA or Garfield County and without permits. Granting this Application will resolve those disputed issues. Appended to this Application is a list of exhibits required by the Garfield County Subdivision Regulations. r. NEILEY/ac ALDER � 'J 1/ V I' By Richard Y. Neiley, Jr., No. 9878 201 North Mill Street, Suite 102 Aspen, CO 81611 (970) 925-9393 Attorneys for Marlin (Colorado), Ltd. 2 BEATTIE & CHADWICK By Steven M. Beattie, No. 6289 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81601 (970) 945-8659 Attorneys for Westbank Ranch Homeowners Association 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 HAND DELIVERY • NEILEY & ALDER ATTORNEYS Richard Y. Neiley, Jr. Eugene M. Alder March 5, 2002 Mr. Mark Bean Garfield County Community Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Dear Mark: • RECEIVED ktA r 2082 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 Re: Westbank Ranch Subdivision - Application to Amend Subdivision Plat Please consider this letter a supplement to the above -referenced Application. I believe that the owners of Westbank Ranch Filing No. 1, Lot 23, Sterling and Christine Page will not participate in the Amendment Application. Therefore, I am submitting a revised Plat deleting all references to Lot 23. To the extent that the Pages are no longer considered applicants, please allow this letter to serve as an amendment to the Application. The affected property owners are now only Lynne S. Cantrell and Marlin (Colorado), Ltd. Copies of the property owners consents to the processing of the Application are appended hereto. Although Westbank Ranch is not an affected property owner, you may require a signature from the Homeowners Association in connection with the pending Application. This can be provided by Steve Beattie's office. As you know, we have requested that this matter be set for public hearing before the Board of County Commissioners on or before April 8, 2002. This date is essential to my client, and we request that the hearing date be set and noticed this week. If you do need supplemental information or documentation, I will be happy to provide it the week of March 18, 2002. Thank you for your attention to this matter. V -truly yours, N�► L'.- Y & ALDER ._ R chard Y. Neiley, Jr. RYN/agk Enclosures cc: Don DeFord, Esquire Steve Beattie, Esquire Hal Dishler, Esquire • • CONSENT OF PROPERTY OWNERS TO JOINT APPLICATION TO AMEND PLAT OF WESTBANK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO. 1 The undersigned owners of the Real Property which will be affected by the Application of Marlin (Colorado), Ltd. and Westbank Ranch Homeowners Association to amend the above -referenced Plat hereby consent to the request to amend the Plat of Westbank Ranch Planned Development Subdivision as set forth therein. Owner: The Preserve at Prehm Ranch MARLIN (COLORADO), LTD. By Timothy He resident Owner: Lot 22, Filing 1, Westbank Ranch LYNNE S. CANTRELL Owner: As to any and all interests arising in connection with the "road easement" depicted on the Plat WESTBANK RANCH HOMEOWNERS ASSOCIATION By Owners: Lot 23, Filing 1, Westbank Ranch STERLING PAGE CHRISTINE PAGE 01/31/2002 15:42 97092 1 JAN -31-02 TAU 12:02 PH eiler & Alder EAGLEPINES HMO S FAX NO. 97 t 25+93fo CONSENT OF PROPERTY OWNERS TO JOINT APPLICATION TO AMEND PLAT OF WRSfj3 NK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO PAGE 01 r, 06/06 'lite undersigned owners of the Real Property which will he affected by the A ppikation ofMnr1in(Colorado),Ltd, and WestbanhRanchllorneownersA $ociationtoAmendthe ahtwL-rt:fbrwnced flat ltet'cby consent to the request to unicnd the Plat of Westbank Ranch Planed D velopmcnt Subdivision as sct forth lhcrein, I i+c J'rc;;crv, at Prelim Ranch MARIAN (COLORADO), LTD. Timothy D. 11cng, President Owner: As to any and all interests arising in connection with the "road casement" depicted an the Plat W1. STAANK RANC.[1 HOMEOWNERS ASSOCIATION Fly I7 Fr ncr: O W 11 Cl'S' 1.ot 2 Fling 1, Westb:iuk Ranch Lot 23, Filing 1, Woltbank Ranch I,1'NN1; S. CANTRE1,,1., STERLING PAGE CHRISTINE PAGE FEB -01-2002 FRI 11 51 AM BEATTIE AND CHADWICK 970 94 8671 FEB -01-02 FRI 10:29 AM ` ley & Alder FAX N0. 97( +9396 02 r. uo as a "street" or "road." Under the trims oldie Subdivision Regulations, a "strect/road" is "an arca of land reservod for public use which provides prinmara[vehicular and pedestrian access to adjacent properties ..." (§ 2:20.46) (emphasis supplied) Tho Subdivision Regulations requireonly i that "strccis" in �uhdivislons be dedicated to public uso, Those Regulations do not re,g tlu tP ate :access easements be so dedicated. The Applicants expressly desire to preclude any right of public access on the driveway extension between Oak Lane and The Preserve at Prehm Ranch, to require that all maintenance of the driveway be tho obligation of Marlin and to create an ownership interest in the real property underlying the driveway in favor of Wcstbank Ranch HOA to insure that the limited uses of the driveway may be monitored raid enforced. The granting of approval of the Amended flat will not result in any violation of Gar f ictd County Zoning Regulations. All or the uses on Prelim Ranch, on Lot 22, Westbank Ranch Filing No. t, and on all properties within the Wostbank Ranch Subdivision will contimie to be residential, in full compliance with ZoningRegulations. Granting thc Amendment requested herein will not affect density, set -backs, permitted uses or other matters addressed in thc Zoning Regulations. Legal access to all properties covered by the Plat Amendment will be maintained. Drainage on the private access driveway will be subject t0 requirements of thc Garfield County Road and 13ridge Department in conjunction with Marlin's submission of a Driveway Permit Application. Marlin commits to complying with drainage and other requirements imposed by the Road and Bridge Department. The private access driveway will enhance tiro safety and emergency access betwccn the subject properties. This Application is submitted as part of a resolution ofdisputcd issues involving the Applicants and Garfield County related to the existing private access driveway which was constructed by Marlin without tho consent of the Westbank Ranch HOA or Garfield County and without permits. Granting this Application will resolve those disputed issues. Appended to this Application is a list of exhibits required by the Garfield County Suixlivision Regulations. Nh�1LEY & ALDER BEATTIE, •, CHADWICK By Richard Y. Nciley, Jr., No, 987S 201 North Mill Street, Suite 102 Aspen, CO 81611 (9 70) 925-9393 Attorneys for Marlin (Colorado), J..td. 2 By Steven M. Beattie, No. 6289 710 Cooper Avenue, Suite 200 Glenwood Springs, CO 81601 (970) 945-6659 Attorneys for Wcstbatnk Ranch Homeowners Association .10 • • SCHEDULE OF APPENDICES A. Plat of Westbank Ranch Planned Development Subdivision, Filing No. 1; B. Resolution No. 2001 - 58, Garfield County Board of County Commissioners; C. Amended Plat of Westbank Ranch Planned Development Subdivision, Filing No. 1; D. Access Easement Agreement; E. Traffic Analysis Report prepared by the Washington Group; F. Names and Addresses of Owners of Land Immediately Adjoining and Within Two Hundred (200) Feet of The Preserve at Prehm Ranch and Lots 22 and 23, Westbank Ranch Subdivision, Filing No. 1, Including Mineral Interest Holders. 3 • • EXHIBIT "A" PLAT OF WESTBANK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO. 1 • • EXHIBIT "B" RESOLUTION NO. 2001 - 58, GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS HIV in 1111 41k111 Illi11111111 588200 08/14/2001 11 SSA 81277 P158'M ALSDORF 1 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss . COUNTY OF GARFIELD ) s73, At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday the 13th day of August A.D., 2001, there were present: Walt Stowe. Larry McCown John Marti Don K.DeFoKd Ed Green Mildred Alldorf , Commissioner , Commissioner , Commissioner , County Attorney , County Manager , Clerk to the Board When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2001- 58 RESOLUTION VACATING A ROAD EASEMENT IN THE WEST BANK RANCH SUBDIVISION FILING NO. 1 WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners i3 authorized to act; and WHEREAS, the Board of County Commissioners has received a Petition to Vacate a Road Easement as such is shown on the Plat of West Bank Ranch Filing No. 1; and WHEREAS, the Plat of the West Bank Ranch Subdivision Filing No. 1 contains language of dedication that mayinclude that Road Easement; and WHEREAS, to the extent the Road Easement is a public road right-of-way, that Road Easement is no longer needed for that purpose; and • WHEREAS, the Board of County Commissioners is entitled to vacate a public road right-of-way by resolution pursuant to the provisions of section 43-2-303(1)(b) C.R.S., as amended; and WHEREAS, on the 16th day of July, 2001, the Board of County Commissioners conducted a public meeting wherein they considered the Petition to Vacate the Road Easement filed by the West Bank Ranch Homeowners Association; and ►►11111(11111111111111111111 JIB* IIIII HEM 588200 08/14/2001 11:56A 81277.1'159 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, after consideration of testimony and exhibits on July 16, 2001, the Board of County Commissioners determined that the Petition filed by the West Bank Ranch Homeowner's Association should be granted and further directed the staff of the County to prepare a draft of a resolution vacating the Road Easement on the Plat of the West Bank Ranch Subdivision Filing No. 1 to the extent that such Road Easement is a public road right-of-way; and WHEREAS, the Board of Commissioners determined that the draft vacating resolution set forth above would be considered by the Board of County Commissioners at 1:15 pm on August 13, 2001. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Garfield County as follows: 1. The public meeting at which this resolution vacating the public Road Easement set forth in Exhibit "A" attached hereto was considered was the subject of necessary notice to landowners adjacent to the roadway as required by the provisions of Section 43-2-303 (2), (b), C.R.S., is amended. 2. The public meeting considering the petition to vacate the Road Easement set forth in Exhibit "A" attached hereto was conducted on the 16th day of July, 2001, and was the subject of notice to all land owners adjacent to the roadway, as well as others within the West Bank Ranch Subdivision. Testimony and exhibits were received at that public meeting and a record was maintained of all such exhibits and testimony. 3. During the public meeting at which this resolution vacating the Road Easement set forth in Exhibit "A" was considered, testimony and exhibits were received. Such evidence included the record of the meeting of July 16, 2001, at which the Petition to Vacate the subject Road Easement was considered. 4. The Road Easement that is the subject of this resolution is no longer needed as a public road right-of-way and should be and hereby is vacated. 5. Pursuant to the foregoing vacation, title shall vest as required by law. 6. The foregoing vacation does not leave any property adjoining said Road Easement without an established public road connecting said land with another established public road. 7. This vacation does not leave any public land without access to a public road. 2 111111111111111111111111111111111 I I I I 111111111 586200 08/14/2001 11:56A 81277 P160 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 8. The Road Easement hereby vacated does not alter the status of any private road easements, or other reservations for roads, sewer, gas, water, ditch, canal, electric, telephone, or other utility purposes. 9. This vacation is in the best interest of the health, safety, and welfare of the general public. DATED this 13th day of August, 2001. ATTEST: p•,,# A f! • , k . i the :. axd Upgh?motioi)cduly made and seconde .4-1.3. adop $ by: e following vote: (;) • • ,• yC� Walt Stowe By: BOARD OF OF GAR UNTY COMMISSIONERS OUNTY, COLORADO Chair Larry McCown Aye John Martin Aye Commissioners STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) .ion I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. 3 444, 1 11 1111 11111 111111 111111 1111 I I I I Iyi 11111 1111 11 11 686200 08/14/2001 11 56A 61277 P161 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed t seal of said County, at Glenwood Springs, this day of , A.D. 2001. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 m7T1 )'jy $7 77I1►7m?17ann �. 1\101°S -PE, • 704. 40 �� ,;%. L4 am '9K�o 1vl 1 / • 1J C) A l' / ,T ' (% %' �< � / �• 't/4\ ,� • `(•r. f1 1,15 Y / •t • `�t- .�.• ' ▪ II I �.�' � s` 1.• yy � � );' . ; i, • - (�t,'L / �n . ( �� .. �+ ,'' �. Vii' 4' �.�. �6);qr/ � Cel) \ �'it i.• t�� A�'�� �." i ./. .' T�. Cp l ,% Ki l; •�, !� /, (r vl 1.1�; i. • tr �. di ,,, .cii• %,, C,` . V3 0 ,`cam �''/,, • ' , V ..r.30 t1 �, �. � • �.. ��: �•- ,�►rt1 •, �, N ........3 pr, / .• ;SI C -if L �t - tri► �� °' •, • •i• W.. 1r8 w ' !' ,% UT o , Aj •'jam Uj l) • :., / r (t / (1 li Y0 rrr'' ti) t'}• �i t4 6 b�/�y.`` tri `!J :i ,t_ '•V b1, c°• dv �• J f •�,cr' o,',/• /- •.v .4 /ter ✓_ .� t�(.1 '.1'"��. QO CV i '• /° 1 ti's �` ` //( ,,,,./.vAd. . J /U, _. z. r, In 0 h Q) m r' N 65 /,, • 1 1> t1 1111111111111111111111111111111111 1111111111111111 -11 SURVEYOR'S CERTIFicA1E George W Nelms di hereby certify that tarn a r gistered lard SurAyor ke sed under 1I>e bwa of he skate of Cok,,odo, itut This pbt is a inn!, correctand aondete at of the WS=STANK flANCIf PLANNED CCV£l.OPMONT SJBDIVISION as {aid out, plotief, dedicated ord 9vwn hereon. 'that such pat leas `rode from on odtuote survey or sold under my siQervisi ord Qi y ml and and dimensions of tine tots, easement location Sod sutdivlt;an as the &ane o ord shegrs of cxrnpGorne with the r14 stoked upon tits ground Cn of l RevisedSblates gvemw irg the hdlvlSl'rl of lord. In witness whereof t tv►e set my hard and seal Itti's. day ' .ei A.R 19ZP. / ✓7 g. L.S. lncod PLANNING COMMISSION CERTIFICATE This pkat aC;>rHed by the Caen oA.R 7 nr9 CnrnmISeion this/nay y dGor Garfield p �l� ni� 1 COUNTY COMM 55+O141A'a COMP Thk Oar °rpry aN by 11r fa int of Commissioner; C-c+rfccti minty, Cobol° 1hri.7'� of AP 1920 IN- 1i1 and Aar to Clerk vJJ a' ckr �•rilC Cnrfceb Cb,rnty emdcb d ;re public dad lions stns Of1e ;ce The by of vi /1st:n that o -hereon ti : siis G b tine Dainty r GT► �1 in wcy o 4i les Garfield Ib n, aMitrnchrt3 of Irntarnomentt an sheets or easement" dedicolod lo -tile public ?ecievt os speclfknily agreed to by the Bawd of bnmissloners arks tinier itnt sold oppyceof sh I -Al way th hit dsdlmind 10 eb County Er rrtn,nier>; - of it►e putilt unki construction of 'rprouamonb ltlerbcn (►nil how been cor+p44+d '] the soksfacibn d' the Bcsord Or COrnrnifi%hAr'tf . • 1inecs rrry hand and peal of the ' aunty ot'6artleld At,rst: County Clerk ?t ,r a uuoh yt!!i t000D SPRiNG3 • t CERTWICAT 04 Of DEDICATION AM OWP1ER3Hl' • Know all mon by these peasants 'that WESTSA ( RANCU No. l LTU being sae ownrr to fir stnpls d' oII that real property described rss Arlt?re: pert of lErt, 4, 5. y one 9 In Section 2 Towvr+el dp 7 &ION 'STT. 09 lyse( exit►e 6Th Ri•+uwl Ltiorkibn,orid Mr I of lots 7.8.13.14. I! 21, and 25 In 5s. 1 p5. lbwrtihip a 5cx,1. F 159 %set of tie Gm R-irripol h4.-*dkjn.isrd�gd.. j- outfbrbww: S�d1 4, ?41 775, ROirs et OW of 1P.34. bwhams filo Ito j,' t ' r�irr •' Hey4515'F 7904.77 Cf • 11w t. S27'27'W 2}4.35 rt.; 'then ca S4I'C15'42'r. 51.37 ft; Iberia 52G'OT'29' W 403DL ('t.; Mance N7 17'W 492.88 R.; lherce N3T OG'W 55.45ft; theme 5fao'80'W 78.00n.; 'thence N2B•Orw Imo.00 fti -thence NGI•1e'I1'w 231.81 tt; -thence 1105"23'20.1:, 'JcO.is ft; -thence 1445'23'w l3o.00ft.; Items 5 64'03'w 190.00 (t; thence NOT' 27'W lb0.o0 n) 1hsrra N1.1'45'E 75.00 et.; thence N55'32'48'W 210.99 ft; -thence 603'09' 52'w 199. G7 ft. theme 9Th' 39' W 112.78 f t.; Iherte NOi'57't: 1128.13 rt; 'thence B58'IrE 199.26 ft thanes 972'15'39'1; 53.4.62 ft; 1 e henze SO.g••555'W 52.00 f ft; 'Ittirry . SOT -00•i_ 62.00 R; ibenoe 555'37 74,00 99,00 ft 'ihorr 975.14'EE 215.00 ft; Thence N08'U'E 451.00 ft; tierce Ns2'51'g 210.00 ft; theme 520'36•.f0'E 185.00 ft.; 11 eras Ns9.24'20*E 210.00f1; Menne Narlfi'48'W 251.75 ft; -Mance N 71' 15' E: 272.00 ft; ltonco N4I'00'E 372.54 ft; -thence 6GG'0yE 435.00 ft;; lhorre 520'00't 210.00 ft; -Theme SG 'CO'W V?a80ft; Theme 548'16'29'5{ 255.2.9 ft; lherro S5o•3ow 21a2o ft hence SG9'24'201w (80.00 ft; • lttenat N20•35.40'W 2.6400 ft; 'theme S63'24'20'W 230.27 ft; -theme 520'35'40'E 264.00 f1; iherCe SC4'08'451w 96.57 ft.; Thera' 501'23'32'W 103.40ft: lhwt 526'06' E 25000 ft; -fierce SG7'08'E 15400 ft b the po(rrt of hbos rr+� �rbtni-in 5G.5'26 dcrw. mora or test. g+ ftifte peke/Intl bid out pbtird card tntriwidle d The morns Inks lots and Mocks as shawl hereon rieL ys &kyle es WCgTBANK and DGV t(j' I.p� NNLD ne+oN • In tt,i bf gTrrr,N 1", of (blonde; cirri do y dher inn. 1b •tlrp Cc un lyof Gorfldr1. Gacunklo, 16r R,lt tK y .ruinInm^�0 aNer>•d,�Neo, col an, t r roadondp4le �•}lemon tor T Irydsmtn % dpp&JItword the utnlltY o d�inage er``verds shownhereon od drnlrnpeRrRnet dapfurther skate !tui stiklivtalorienll ha• *mod prol.ctivsw+eerArfiled Ord tea of Ar 1hY 3ubderLakiri `►rule do O the phase matt N os 6arA.ld Quit( EXLCl/f 'D 11115,, r.... offiet___LIA Jl•(t I9 7o 0111.EP: WESTBANK RANCt4 Ne, 1, LTL( BY: Stale � "'k� �� t tb. tree,-pr.vtlsdCenral al �r Abeitherilte 1ttlr Smolt, Resident(l yl . • r, i • EXHIBIT "C" AMENDED PLAT OF WESTBANK RANCH PLANNED DEVELOPMENT SUBDIVISION, FILING NO. 1 • • EXHIBIT "D" ACCESS EASEMENT AGREEMENT JAN -25-2002 FRI 03:55 PM BEATTIE AND CHADWICK • 970 98671 ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made this day of , 2002, by and among MARLIN (COLORADO), LTD. ("Marlin"), whose address is c/o Carl B. Linnecke, CPA, 215 South Monarch Street, Aspen, Colorado 81611, LYNNE S. CANTRELL a/k/a LYNN S. CANTRELL ("Cantrell"), whose address is P. O. Box 2104, Basalt, Colorado 81621, the PREHM RANCH OWNERS ASSOCIATION, INC. ("Prelim Ranch HOA"), whose address is c/o Neiley & Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 81611, and the WESTBANK RANCH HOMEOWNERS ASSOCIATION, INC. ("Westbank Ranch HOA"), whose address is P. O. Box 2703, Glenwood Springs, Colorado 81602. WHEREAS, Marlin is a Colorado corporation which is the owner of that certain real property located in Garfield County, Colorado, known as Lots 1, 2, 4, 5, `, ", The Preserve At Prehm Ranch, as more fully described in the legal description appended hereto as Exhibit "A" (the "Prehm Ranch"); and WHEREAS, Cantrell is the owner of Lot 22, Filing No. 1, Westbank Ranch Subdivision, County of Garfield, State of Colorado, located adjacent to the Prehm Ranch at the east boundary thereof ("Lot 22"); and WHEREAS, the Prelim Ranch HOA is a Colorado not for profit corporation established for the purpose of, among other things, administering the common interests of all owners of lots within Prehm Ranch, including the care and maintenance of common roads; and WHEREAS, the Westbank Ranch HOA is a Colorado not for profit corporation established for the purpose of, among other things, administering the common interests of all owners of lots within the Westbank Ranch Subdivision, Filings 1, 2 and 3 ("Westbank Ranch"); and WHEREAS, the Plat of Westbank Ranch Planned Development Subdivision, Filing No. 1, as originally recorded on November 27, 1970, as Reception No. 248729, depicted a "road easement" traversing Lot 22 and Lot 23 of Westbank Ranch, Filing No. 1, between the end of the county road identified as "Oak Lane" and the east boundary of Prehm Ranch; and WHEREAS, the Plat of Westbank Ranch Planned Development Juou'vision, Filing No. 1 was amended to delete and remove the "road easement" traversing Lot 22 and Lot 23 of Westbank Ranch, Filing 1, to reflect thereon the creation of the Access Easement and Driveway Easement described herein, to create a "Greenbelt/Open Space Parcel" for the benefit of Westbank Ranch HOA, and to include in the Greenbelt/Open Space Parcel all real property including and encompassed by the road and driveway to serve Prehm Ranch and Lot 22 and previously a part of Prelim Ranch, which Amended Plat was recorded on , zuu2, as Reception No. ; and WHEREAS, the parties desire to set forth their various rights, interests and obligations with respect to limited access between the public road known as Oak Lane within the Westbank Ranch Subdivision and the Prehm Ranch and Lot 22 and with respect to the creation of the "Greenbelt/Open Space Parcel," all as more fully set forth herein. 02/14 JAN -25-2002 FRI 03:56 PM BEATTIE AND CHADWICK • 970 945 8671 • ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch. ^ " Inc.; and the Westbank Ranch Homeowners Association, Inc. P. 03/14 NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Greenbelt/Open Space Parcel. (a) Contemporaneously with the execution of this Agreement and execution and recordation of the Amended Plat of Lots 22 and 23 of Westbank Ranch Planned Development Subdivision, Filing No. 1, Marlin has conveyed and quitclaimed to the Westbank Ranch HOA a strip of land ten (10) feet in width and feet in length along the common boundary between Prelim Ranch and Westbank Ranch Planned Development Subdivision, Filing No. 1, extending the entire length of the uphill (south) common boundary between Prehm Ranch and Westbank Ranch, to the north (downhill) across the flat portion of Lot 8 in Prehm Ranch abutting Lot 22 in Westbank Ranch, terminating at the steep embankment uphill from the river's bank; and, all real property including and encompassed by the road and driveway to serve Prehm Ranch and Lot 22 and previously a part of Prehm Ranch (the "Driveway Area"), all as depicted on said Amended Plat and Exhibit "B" appended hereto and identified as the "Greenbelt/Open Space Parcel" (hereinafter the "Greenbelt"). (b) The purpose of the conveyance of the Greenbelt by Marlin to the Westbank Ranch HOA is to create an ownership interest in real property for the benefit of the Westbank Ranch HOA over which the access road into Prehm Ranch and Lot 22 traverses. (c) The Greenbelt shall at all times be maintained as a passive, undeveloped strip of land which may be used only in accordance with the terms and conditions set forth herein. Those uses are limited as follows: (1) The Greenbelt may be developed by Marlin and Cantrell with an access road between Oak Lane and Prehm Ranch with a driveway serving Lot 22, not to exceed a paved surface of fourteen (14) feet in width, with shoulders, drainage culverts and such other improvements as are reasonably necessary and incidental to the use and maintenance of said access road and landscaping with the entire width of the Access Easement across the Greenbelt not exceeding twenty (20) feet in the locations depicted on Exhibit "B." (2) Except as to the Driveway Area portion of the Greenbelt encompassing the "Access Easement" addressed hereinbelow, the Greenbelt may be utilized by the owner of Lot 8 for open space, drainage and pedestrian access between Lot 8 and the Roaring Fork River. Landscaping and fencing shall be permitted within the portion of the Greenbelt area including the Driveway Area and extending from the Driveway Area to the north. All expenses of installation of landscaping and fencing shall be the sole responva,;1;+- without contribution by Westbank. All expenses of continuing maintenance and repairs of the landscaping and fencing shall be the responsibility of Marlin, the Prehm Ranch HOA or Cantrell, without contribution by Westbank. Any other uses of the Greenbelt shall be prohibited, except as may be subsequently reviewed and specifically approved by Westbank. In particular, no road or access other than the road and driveway to be constructed within the Driveway Area shall ever be constructed between Westbank Ranch and Prehm Ranch, and the construction of any additional road or access shall constitute a material breach of this Agreement. No improvements shall be constructed within the Greenbelt except as permitted herein. 2 JAN -25-2002 FRI 03:56 PM BEATTIE AND CHADWICK • 970 945 8671 P. 04/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell alk la Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. (3) An unimproved access exists across the Greenbelt on the alignment depicted on Exhibit "B" for use by utility providers who have express easements, including Rocky Mountain Natural Gas Company, the Mountain States Telepl _.;�h Company, and Holy Cross Electric Association (and their successors). No road shall ever be constructed along the utility corridor from the southeast end of the Prehm Ranch Road as shown on Exhibit "B" to the Greenbelt Area (other than uses by the utility providers pursuant to the terms of their express easements), and no party shall use the corridor for any purposes other than those utility purposes. (4) No right of access to the Greenbelt shall be deemed granted or available to Westbank Ranch property owners, other than access by the authorized and designated representatives of the Westbank Ranch HOA for purposes expressly related to monitoring the care and maintenance of the Access Easement and the control gate, inspecting, repairing and replacing the historic boundary fence along the Greenbelt, and inspecting the Greenbelt to monitor compliance with the terms of this Agreement. (5) Neither the Westbank Ranch HOA nor any property owner in Westbank Ranch shall have any right to construct any improvements upon any portion of the Greenbelt. (6) The Westbank Ranch HOA may not grant any interest in the Greenbelt to any third party. 2. Grant of Easements Across Greenbelt. (a) Prehm Ranch Access Easement. (1) The Westbank Ranch HOA hereby grants and conveys to Marlin, the owners of the eight (8) lots in Prehm Ranch, the Prehm Ranch HOA, and Cantrell, and their successors and assigns, a perpetual, exclusive Access Easement over and across the Driveway Area portion of the Greenbelt in the location depicted on Exhibit "B" and identified thereon as the "Access Easement." The Access Easement shall be twenty (20) feet in width. This grant of easement is subject to Westbank's enforcement rights as provided herein in the event of noncompliance. (2) The Access Easement shall be limited to the right of Marlin, the Prehm Ranch HOA and Cantrell to construct, maintain, repair and replace a private access road and driveway. Landscaping shall be permitted as provided in paragraph 1(c)(2) above. Underground telephone and electric service shall be permitted within the Access Easement to the extent necessary to provide service to the gate and traffic counting device addressed below. Installation of other utilities within the Access Easement shall be prohibited unless reviewed and approved in advance by Westbank, in its discretion. The Access Easement shall constitute the only access between Westbank Ranch and the Prehm Ranch for any purposes other than as provided in paragraph 1 (c)(3) above. The Access Easement shall constitute the only access between Oak Lane and Lot 22 unless otherwise agreed by Westbank. (b) The Access Easement may be used as alternate primary access to Lot 8, and as secondary access to the other seven (7) lots within Prehm Ranch. The entrance at the 3 JAN -25-2002 FRI 03:57 PM BEATTIE AND CHADWICK • 970 945 8671 • P. 05/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. north end of Prelim Ranch shall be primary access for all of Prehm Ranch. Such uses shall be restricted as follows: (1) The owner of Lot 22 shall have unlimited and unrestricted access across the Access Easement for all purposes to Lot 22. No right of access to Prehm Ranch through the Access Easement is conferred upon the owner of Lot 22 by this Agreement. The owner of Lot 22 shall stand in the same position as any other member of the general public relative to such access. (2) Only owners of lots in Prelim Ranch, their accornpauu:,., gucsts and designated representatives of the Prelim Ranch HOA engaged in Prelim Ranch HOA business defined in paragraph 2(b)(7)(xiii) below, and emergency service providers shall be entitled to utilize the Access Easement. (3) No construction vehicles shall be permitted to use the Access Easement except related to development, maintenance, repair and replacement of improvements, landscaping and other uses on Lot 22 and the construction, maintenance and replacement of improvements within the Access Easement. (4) No service, delivery or commercial vehicles shall be permitted to use the Access Easement, except those providing services to Lot 8 and Lot 22. (5) No public access shall be permitted within the Access Easement or any portion of the Greenbelt. Marlin shall cause a sign to be posted at the entrance to the Access Easement from Oak Lane clearly establishing the private nature of the road. The appearance and content of the sign shall be subject to Westbank's review and approval, which shall not be unreasonably withheld. (6) No commercial uses shall be permitted within the Access Easement, on any of the lots within Prehm Ranch or on Lot 22. Home offices permitted under Garfield County zoning and subdivision regulations shall not be deemed prohil li' : ' x -ial uses so long as there is no customer traffic across the Access Easement, no outside storage of goods or equipment related to the home office, and no other activities generally and commonly associated with commercial uses. (7) The access road connecting the Prehm Ranch to Oak Lane, traversing the Driveway Area portion of the Greenbelt within the Access Easement as depicted on Exhibit "B," shall be electronically gated at Marlin's expense along the common boundary between the Prehm Ranch and the Driveway Area portion of the Greenbelt at the location shown as "Gate & Counter" on Exhibit "B" (the "Prehm Ranch Access Gate"). Additionally, the same access road shall be separately monumented or gated at Marlin's election and expense within the first ten (10) feet of the Driveway Area portion of the Greenbelt within the Access Easement as depicted on Exhibit "B" (the "Driveway Area Access"). The Prehm Ranch Access Gate shall be kept closed when not in use. Both the Prehm Ranch Access Gate and the Driveway Area Access shall be clearly and conspicuously posted as private and shall be installed not later than May 31, 2002 (subject to availability of equipment and weather conditions). The following restrictions and conditions shall apply: 4 JAN -25-2002 FRI 03:58 PM BEATTIE AND CHADWICK • 970 945 8671 • P. 06/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. (i) The Prehm Ranch Access Gate shall be an electronic gate and vehicle counting system. The Driveway Area Access shall include, at a minimum, stone or other architectural pillars establishing the appearance of an entry, connected to fences on the north and south of the pillars, and shall not be electronically gated. (ii) A second electronic gate will be installed and maintained at Marlin's expense at the north end of Prehm Ranch at a location to be determined by Marlin in the area of the boundary of Prehm Ranch and County Road 163, which will prohibit unrestricted public access through Prelim Ranch from the north. All public traffic which may enter Prelim Ranch from the north entrance shall also exit Prelim Ranch through the north entrance, unless otherwise permitted to utilize the Access Easement by the terms of this Agreement. (iii) All traffic entering and leaving Prelim Ranch via Oak Lane will be counted mechanically or electronically at the Prelim Ranch Acct -- ^ ` ge vehicle trips per day may not exceed twenty-seven (27), averaged on a bi-monthly basis. (iv) Vehicle trips per day will be averaged bi-monthly, commencing as soon as the Prehm Ranch Access Gate and counter are installed, with traffic reports generated by computer or other reasonably acceptable means for both the Prehm Ranch HOA and the Westbank Ranch HOA and maintained as part of the Prehm Ranch HOA corporate records for at least twelve (12) months following each bi-monthly reporting/averaging period. All available vehicle trip data shall be supplied to Westbank within ten (10) days following each bi-monthly averaging period, in form and substance acceptable to Westbank, including a list of owners and the number of entry devices issued to each lot. The plans for installation of said gate shall include, and Marlin shall install at its sole expense, fencing around the entire exterior boundaries of the road and driveway within the Driveway Area portion of the Greenbelt. The fence shall be continuous from the fence along the historic Westbank Ranch/Prehm Ranch boundary at the Driveway Area Access Gate to the Prelim Ranch Access Gate, and from the fence along the historic Westbank Ranch/Prehm Ranch boundary at the east end of the Lot 22 Driveway Easement to the Prelim Ranch Access Gate, all as shown on Exhibit "B." Said fencing shall prohibit all vehicular access between Prelim Ranch and Westbank Ranch except through the Prelim Ranch Access Gate, to insure that vehicles cannot pass through without operating the counting mechanism. The type and style of fencing shall be subject to Westbank's review and approval, which shall not be unreasonably withheld. Split rail or ranch style fencing which otherwise complies with the terms of this Agreement shall be permitted. (v) The plans for installation and any future re -placement of the Prehm Ranch Access Gate and the Driveway Area Access , and related structures and the traffic counting device, will be subject to Westbank Ranch HOA's advance review and approval, which approval shall not be unreasonably withheld. To the extent of available technology, the system will be designed in such a manner that, if the traffic counting device does not operate, the gate will not open. The device shall count each vehicle trip. The Prelim Ranch Access Gate and the fence shall be designed in a manner which will prohibit access by all forms of motorized vehicles of all kinds, except through the gate. The counting mechanism gate will be designed as a substantial gate, and not merely a "traffic arm" type of gate. (vi) If requested by the Westbank Ranch HOA, prior to the installation of the permanent gate and traffic counter, and in addition, in the event of any 5 JAN -25-2002 FRI 03:58 PM BEATTIE AND CHADWICK 970 945 8671 • P. 07/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. malfunction of the permanent gate and/or counting system which cannot be repaired within three (3) business days, Marlin shall install a temporary traffic counting device reasonably acceptable to Westbank Ranch HOA and shall provide Westbank Ranch HOA with access to the traffic count information from such temporary system in accordance with the requirements of this Agreement. (vii) Except as to remedies which may be available in the event of breach of the terms of this Agreement by the owner of Lot 22, and except as to limitations applicable to all Westbank residents, access to Lot 22 will not be limited. (viii) As of the time of this Agreement, the parties anticipate that access shall be controlled by an electronic card system that will identify and record the date, time and lot owner each time the Prehm Ranch Access Gate is activated. The entry control system and fence shall be designed and maintained in a manner to prohibit use by unauthorized persons. "Unauthorized persons" shall include, without limitation, all persons not expressly authorized to use the Access Easement by the terms of this Agreement, and in particular, members of the general public who may attempt to utilize the Access Easement for pedestrian, bicycle or other vehicular access. (ix) Marlin and the Prehm Ranch HOA shall be responsible for all maintenance and repair of the gate and counting system and the costs ��.�...... ... �.,a event of malfunction, damage or required maintenance and repair to the gate and counting system, such maintenance and repair shall be conducted as promptly as reasonably possible. In the event maintenance and repairs cannot be promptly accomplished as a consequence of a lack of available service, parts or materials, or because of other conditions beyond the control of the parties, the Access Easement may continue to be utilized in accordance with the terms of this Agreement so long as the temporary counting system described above has been installed within the Access Easement, is operational and provides the parties with the required vehicle trip counts. (x) Marlin and the Prehm Ranch HOA agree that the recently constructed road known as the "Prehm Ranch Road" extending from Four Mile Creek south to the Access Easement shall be maintained as a single -lane road, with such pull-outs as may be reasonably necessary to allow vehicles to pass and to satisfy safety requirements, and that such road shall not be widened into a two-lane road so long as lots within Prelim Ranch continue to utilize the Access Easement. (xi) For purposes of this Agreement, the term "owner" shall include the record owner of any lot within Prehm Ranch, family members, a property caretaker if residing on-site and such residency is authorized by applicable Garfield County rules and regulations, or a designated property manager if the record owner is not present in the area. In the case of corporate ownership, the "owner" shall include the corpornt:n.,'—n?-.._...,.,,I directors. In the case of trust ownership, the "owner" shall include the trust's trustees and beneficiaries. In the case of limited liability company ownership, the "owner" shall include the members and managers of the limited Iiability company. In the case of a partnership, the term "owner" shall include the partners of the partnership. In all cases of entity ownership, the use of lots in Prehm Ranch shall not exceed standard and customary uses for single family residences. Corporate retreats or other uses inconsistent with single family residential use shall not be permitted on any of Prelim Ranch Lots 1-8. Additionally, access shall be limited to the average 6 JAN -25-2002 FRI 03:59 PM BEATTIE AND CHADWICK i 970 945 8671 P. 08/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. number of vehicle trips permitted hereunder, including all owners, family members, accompanied guests and, as to Lot 8 only, other authorized uses. (xii) For purposes of this Agreement, the term "accompanied guest" shall mean guests physically accompanied by an own .. _ whether such owner is in the guest's vehicle, in another vehicle accompanying the guest's vehicle, meets the guest at the gate or otherwise physically opens the gate for the guest. If an owner invites guests to a function on the Prehm Ranch such as a wedding, the owner may designate a family member or other representative to meet guests at the gate and facilitate access by such guests. Notwithstanding the foregoing, access shall be limited to the average number of vehicle trips permitted hereunder, and each vehicle entering or leaving Prehm Ranch shall constitute one (1) vehicle trip. (xiii) Access by representatives of Prehm Ranch HOA shall be for the sole purposes of maintenance and repair to the access road, utilities, the gate and counting system, and permitted landscaping, and to perform the functions normally incidental to the care and maintenance of the Prehm Ranch road (such as plowing) and the facilities required or permitted to be maintained hereunder within the Access Easement. All vehicle trips by any representative of the Prehm Ranch HOA shall be included in the total vehicle trip counts. Access for emergency purposes as defined in Paragraph 7(h) below shall not be included in the vehicle trip counts. (xiv) So long as the Prehm Ranch Access Gate and the fence around the Driveway Area can be designed and maintained to prevent public and unauthorized pedestrian and bicycle traffic, pedestrian and bicycle use of the Access Easement by owners of Prelim Ranch Lots 1-8 and their guests shall not be subject to too ^1•14.—"on to count, record and limit the number of vehicle trips. Uses of the Access Easement for snowmobiles, unlicensed vehicles including but not limited to unlicensed all -terrain vehicles, and horses, shall be entirely prohibited. Such prohibition shall extend to owners of Prehm Ranch Lots 1-8 and all other persons. (8) Each of Lots 1-8 in Prehm Ranch shall be utilized solely for single-family residences, with one (1) accessory dwelling unit or guest house if authorized under applicable Garfield County zoning and subdivision regulations. Multi -family units (that is, duplexes, apartment, condominium units and the like) shall not be permitted on any of Lots 1-8 so long as the Access Easement remains in use. So long as the owners of lots with the Prelim Ranch continue to utilize the Access Easement, those lots shall not be further subdivided. The creation of accessory dwelling units, guest houses or similar units which may be permitted under the Garfield County Regulations and which do not result in the creation of more than eight (8) residential lots within the Prelim Ranch shall not be deemed a further subdivision of the Prelim Ranch. In the event of any violation of any of the terms of this paragraph, this Agreement and the Access Easement may be terminated by any party hereto following written notice and opportunity to cure in the manner set forth in Section 6 below; provided, however, that for purposes of this paragraph, the party committing the breach shall have thirty (30) days within receipt of written notice to fully cure, remedy or otherwise correct and rectify the alleged breach; and provided further that any such termination shall not affect continuing access to Lot 22 through the Driveway Area. 7 JAN -25-2002 FRI 04:00 PM BEATTIE AND CHADWICK • 970 945 8671 • P. 09/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. (c) Lot 22 Driveway Easement. (1) The Westbank Ranch HOA hereby grants and conveys to Cantrell and her successors and assigns a perpetual non-exclusive driveway easement over and across the Access Easement within the Driveway Area portion of the Greenbelt in the location depicted on Exhibit "B," hereinafter called the "Lot 22 Driveway Easement," for the use and benefit of Cantrell, her successors and assigns to use, construct, maintain, repair and replace a driveway, to facilitate normal and reasonable residential uses on Lot 22, including construction, development, maintenance, repair, replacement, use and enjoyment of a single-family residence and related improvements on that Lot. This easement is subject to Westbank'c Pry^rrpment rights as provided herein in the event of noncompliance. The Lot 22 Driveway Easement shall be twenty (20) feet in width, matching the Access Easement and extending to Lot 22 as depicted on Exhibit "B." (2) The Lot 22 Driveway Easement shall be used as the sole vehicular access to Lot 22 for single-family, residential purposes in accordance with the Amended and Restated Westbank Ranch Subdivision Protective Covenants recorded on October 24, 2000, as Reception No. 571299. Except as to the limitation that the Lot 22 Driveway Easement shall be the only vehicular access serving Lot 22, and except as to the obligations of the owner of Lot 22 to perform certain obligations in accordance with the terms of this Agreement, neither the use of Lot 22 nor the use of the Lot 22 Driveway Easement shall be limited in any way that is different or more restrictive than any other lot within the Westbank Ranch Subdivision. (d) Liens/Adverse Claims. Neither Marlin, the Prehm Ranch HOA nor Cantrell shall allow any liens or claims to be asserted against or encumber the Access Easement, the Driveway Easement or the Greenbelt in connection with or as a result of any work performed within the easement by Marlin, the Prehm Ranch HOA, Cantrell or their contractors, representatives, successors and assigns. (e) Westbank Oak Lane Easement. Cantrell hereby grants and conveys to Westbank and its successors and assigns a perpetual non-exclusive easement "_2 portion of the driveway extending across the southwest portion of Lot 22, from the Oak Lane cul-de-sac to the point where the driveway enters the Greenbelt in the location depicted on Exhibit "B." Said easement shall be utilized by Westbank solely for the purposes authorized by this Agreement. This grant of easement is subject to Cantrell's enforcement rights as provided herein in the event of non-compliance. The easement shall be twenty (20) feet in width. 3. Maintenance of Easements. The Prehm Ranch Owners Association shall be responsible for all costs of maintaining, repairing and replacing all improvements and landscaping within the Access Easement. Cantrell shall be responsible for all costs related to the maintenance and repair of the improvements and landscaping within the Driveway Easement. The parties agree that all improvements within the easement areas shall at all times be maintained in good condition and repair, free of defects or hazardous conditions. 4. The Reciprocal Access Easement Agreement. On September 4, 2001, Marlin and Cantrell entered into that certain Reciprocal Access Easement Agreement which was recorded in the real estate records of Garfield County on that date as Reception No. 587702. Certain provisions of said Reciprocal Access Easement Agreement conflict with this Agreement. 8 JAN -25-2002 FRI 04:00 PM BEATTIE AND CHADWICK • 970 48671 P. 10/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westt ank Ranch Homeowners Association, Inc. To the extent of such conflict, this Agreement shall be deemed to supplement and amend the Reciprocal Access Easement Agreement. Except as to such conflicts, with respect to which this Agreement shall be deemed to govern and control, all of the terms, conditions, rights and interests set forth in the Reciprocal Access Easement Agreement shall remain in full force and effect, binding upon the parties thereto and their successors and assigns. 5. Non-Interference/Third Parties. Nothing contained herein shall be deemed to grant to any third party any rights or interests in the real property of the parties affected by this Agreement or the easements granted hereunder except as expressly set forth herein. None of the parties, their agents, members, representatives, successors or assigns shall interfere with, impair or engage in any self-help or other action with respect to the real property interests, equipment, personal property or the rights or interests of the parties hereto arising out of or related to this Agreement and the respective rights and obligations of the parties hereunder. Specifically, but without limitation, the parties acknowledge that only the parties hereto and their successors in interest with respect to the title to real property affected by this Agreement and the Prehm Ranch HOA and Westbank Ranch HOA shall be deemed to have acquired any rights 'er this Agreement, and the right to enforce the terms hereof shall be deemed limited to those parties. Nothing contained herein shall be deemed a grant of any right or interest to any property owner within the Westbank Ranch Subdivision or to any member of the public of any of access to, within or through the Prehm Ranch or any of the roads therein. 6. Enforcement. (a) In the event of any claimed breach of this Agreement, the party(ies) asserting such breach shall provide written notice thereof to the other party(ies), which written notice shall identify the specific breach, including the date and time thereof. The party committing such breach shall, within five (5) days of receipt of such written notice, fully cure, remedy or otherwise correct and rectify all such breaches, and a failure to do so shall entitle the non -breaching party(ies) to commence an action for the enforcement of this Agreement and to recover damages and attorneys' fees, all as more fully set forth below. In the event of the same breach or breaches of this Agreement within any six (6) month period following the curing, remedying, correction of or other action rectifying such prior breach or breaches, the breaching party(ies) shall not be entitled to the five (5) day cure period set forth above, and the non - breaching party(ies) shall be entitled to immediately seek an enforcement of the terms and conditions of this Agreement and the recovery of damages and attomeys' fees as set forth below. (b) This Agreement and all of its terms and conditions, and all of the rights and interests of the parties hereunder, may be enforced by any party representatives and successors, by, the commencement of an action in the Garfield County District Court, in which event the parties shall have the right to assert all claims in law and in equity, and to enforce the terms and conditions of this Agreement by all means available at law and in equity, including the rights to injunctive relief and to damages. In any action for injunctive relief, the party claiming the right to such relief shall not be obligated to demonstrate irreparable harm or the lack of an adequate and immediate remedy at law, those matters being acknowledged to exist by virtue of the parties' execution of this Agreement. In any such action, the party ultimately prevailing shall be entitled to recover all costs and attorneys' fees incurred in connection therewith. 9 JAN -25-2002 FRI 04:01 PM BEATTIE AND CHADWICK • 970 98671 P. 11/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. 7. Miscellaneous. (a) Further Assurances. The parties hereto agree that each of them will take whatever actions are reasonably necessary or desirable from time to time to effectuate the provisions or intent of this Agreement, and to that end, the parties agree to execute, acknowledge, seal and deliver any further instruments or documents which may be necessary to give full force and effect to this Agreement or any of the provisions hereof or to carry out the intent of this Agreement or any of the provisions hereof. (b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be effective upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, of the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. (c) Notices. For purposes of providing notices hereunder, notice shall be deemed received when delivered by hand delivery or facsimile transmission upon the date thereof. If notice is given by mail, notice shall be deemed given upon the date of actual receipt or three (3) days after deposit into the U.S. postal system, whichever is earlier. Notice by mail shall be by certified mail, return receipt requested. Each of the parties desigra.. ....... mesas set forth above as the addresses for service of notices, which addresses may be changed from time to time by written notice to the other parties hereto. (d) Governing Law. The law applicable to this Agreement and its interpretation shall be that of the State of Colorado (regardless of Colorado's choice of law provisions); any dispute arising out of or concerning this Agreement shall be commenced and maintained in Garfield County, Colorado; and the parties hereby submit to the jurisdiction of Colorado in connection therewith. (e) Modifications. This Agreement may not be modified or amended except by instrument in writing duly executed by each of the parties hereto as identified in the first paragraph of this Agreement, or their successors or assigns, without the necessity of obtaining the signatures of the consenting parties identified below. (f) Benefit. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective executors, administrators, successors and representatives. (g) Prevailing Party Costs. In the event of any litigation arising under this Agreement, the prevailing party shall he entitled to recover reasonable attorneys' fees and court costs in addition to any other relief to which such party may be entitled. (h) Emergency Access. Where emergency access is permitted wider the terms of this Agreement, the right to emergency access shall be deemed granted to Garfield County, Police and Sheriff's Departments, and ambulance services during such times as emergency services are actually being provided and only when the use of the access through Prehm Ranch is necessary for the most expeditious provision of emergency services. 10 JAN -25-2002 FRI 04:02 PM BEATTIE AND CHADWICK • 970 98671 P. 12/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westhank Ranch Homeowners Association, Inc. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. MARLIN (COLORADO), LTD. By Timothy D. Heng, Manager LYNNE S. CANTRELL a/k/a LYNN S. CANTRELL PREHM RANCH OWNERS WESTBANK RANCH HOMEOWNERS ASSOCIATION, INC. ASSOCIATION, INC. By By President President CONSENT OF ALPINE BANK Alpine Bank, as the holder of the Deed of Trust and other security ih+A''P^t^ encumbering Lots 1, 2, 4, 5, 6, 7 and 8 of The Preserve at Prehm Ranch, described in Exhibit "A" appended hereto, hereby consents to the terms and conditions and the granting of the rights and interests as set forth in this Access Easement Agreement. ALPINE BANK OF ASPEN By_ George Hart, Vice President CONSENT OF OWNERS OF LOT 3, THE PRESERVE AT PREHM RANCH RAYMOND NIRO and JUDITH NIRO, as the Owners of Lot 3, The Preserve At Prehm Ranch, described in Exhibit "A" appended hereto, hereby consent to the terms and conditions and the granting of the rights and interests as set forth in this Access Easement Agreement. RAYMOND NIRO JUDITH NIRO 11 JAN -25-2002 FRI 04:02 PM BEATTIE AND CHADWICK • 970 8671 P. 13/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. STATE OF COLORADO ) COUNTY OF ) ss. The foregoing Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by Timothy D. Heng, as Manager of MARLIN (COLORADO), LTD. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) COUNTY OF ) ) ss. Notary Public The foregoing Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by as of the PREHM RANCH OWNERS ASSOCIATION, INC. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) ss. COUNTY OF ) Notary Public The foregoing Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by LYNNE S. CANTRELL a/k/a LYNN S. CANTRELL. WITNESS my hand and official seal. My commission expires: Notary Public 12 JAN -25-2002 FRI 04:02 PM BEATTIE AND CHADWICK 970 945 ii1 P. 14/14 ACCESS EASEMENT AGREEMENT By and among Marlin (Colorado), Ltd.; Lynne S. Cantrell a/k/a Lynn S. Cantrell; the Prehm Ranch Owners Association, Inc.; and the Westbank Ranch Homeowners Association, Inc. STATE OF COLORADO COUNTY OF ) ) ) ss. The foregoing Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by as of the WESTBANK RANCH HOMEOWNERS ASSOCIATION, INC. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF ) Notary Public The foregoing Consent to Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by George Hart as Vice President of ALPINE BANK OF ASPEN. WITNESS my hand and official seal. My commission expires: STATE OF ) ) ss. COUNTY OF ) Notary Public The foregoing Consent to Access Easement Agreement was subscribed and sworn to before me this day of , 2002, by RAYMOND NIRO and JUDITH NIRO. WITNESS my hand and official seal. My commission expires: Notary Public 13 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1,2,3,4,5,6,7 & 8 THE PRESERVE AT PREHM RANCH, As depicted on the Prehm Ranch Exemption Plat recorded June 13, 2001, in Book 1260 at Page 358 as Reception No. 582501, the First Amended Prehm Ranch Exemption Plat recorded August 30, 2001, in Book 1281 at Page 744 as Reception No. 587388, the Master Plat for the Preserve at Prehm Ranch recorded September 25, 2001 as Reception No. 588988 and the Amended Master Plat for The Preserve at Prehm Ranch recorded October 17, 2001 as Reception No. 590185 all recorded in the real estate records of Garfield County. EXHIBIT "E" TRAFFIC ANALYSIS REPORT PREPARED BY THE WASHINGTON GROUP Washington December 13, 2001 Neiley & Alder Mr. Rick Neiley 201 North Mill Street, Suite 102 Aspen, Colorado 81611 RE: Prehm Ranch Traffic Access Dear Mr. Neiley: Following is a summary of the traffic analysis conducted by Washington Infrastructure Services for the Prehm Ranch subdivision in support of efforts to obtain access from Oak Lane on the south of the subject property. Introduction Marlin (Colorado) Ltd. proposes to construct a residential subdivision on Prehm Ranch, in Glenwood Springs, Colorado (Figure 1). The proposed development would consist of 8 single family homes. Vehicle access to this development would be from Airport Road (County Road 163) north of Prehm Ranch. Another potential vehicle access would be from Oak Lane, south of Prehm Ranch, through the Westbank subdivision. Currently, there is a dirt road that is accessible to the development from Oak Lane, but the right-of-way for this access has not been approved for use by Prehm Ranch homeowners. This traffic study was prepared using standard engineering techniques to determine the impacts of the proposed south access on traffic levels within the Westbank subdivision. The study area for this project has been defined as Westbank Road through the Westbank subdivision and Oak Lane, which branches off Westbank Road and provides potential access to Prehm Ranch. Existing Conditions Westbank Road is a generally flat, unstriped, two-lane residential collector roadway providing access to 99 existing homes in the Westbank subdivision. Oak Lane is also a residential Washington Group International, Inc. • 402 Seventh Street, Atrium Suite 111 • P.O. Drawer 309 • Glenwood Springs, CO USA 81602 Phone: (970) 928-8599 • Fax: (970) 928-8526 w Prehm Ranch Traffic Analysis December 13, 2001 Page 2 M Figure 1 Vicinity Map WESTBANK RANCH w Prehm Ranch Traffic Analysis December 13, 2001 Page 3 collector, providing driveway access to nine existing homes. A short section of Oak lane has a grade of approximately four to six percent, with the remainder to the road being generally flat. The width of Westbank Road varies from 19 to 22 feet, with the majority of the road being approximately 20 feet wide. Oak Lane is approximately 18 to 20 feet wide. The posted speed limit on Westbank Road and Oak Lane is 25 mph. Fairway Lane and Meadow Lane also serve the Westbank subdivision and each has an intersection with Westbank Road south of Oak Lane. Existing Traffic Volume The existing traffic volume on Westbank Road and Oak Lane was identified for this study. This was accomplished through the use of automatic traffic counters placed on Westbank Road just north of its intersection with County Road 109, and on Oak Lane just north of its intersection with Westbank Road. These traffic counts were conducted from December 4 to December 7, 2001. The existing weekday traffic volumes identified by these counts are presented in Table 1 (average of the several days counted). Table 1 Existing Weekday Traffic Volume (Vehicles *The northbound traffic counter at this location was lost due to being struck by a snowplow. As a result, the traffic volumes for this location were calculated using the data obtained from the southbound traffic counter. Traffic Generated by Prehm Ranch Subdivision The Prehm Ranch subdivision will consist of eight single family homes. The number of trips that these homes will generate was estimated based on data contained in the Trip Generation manual (6th Edition) published by the Institute of Transportation Engineers. The estimated number of site -generated trips are summarized in Table 2. Westbank Road Oak Lane* Average Daily Traffic (24 hour period) 804 126 Peak AM Hour Traffic 83 8 Peak PM Hour Traffic 72 14 *The northbound traffic counter at this location was lost due to being struck by a snowplow. As a result, the traffic volumes for this location were calculated using the data obtained from the southbound traffic counter. Traffic Generated by Prehm Ranch Subdivision The Prehm Ranch subdivision will consist of eight single family homes. The number of trips that these homes will generate was estimated based on data contained in the Trip Generation manual (6th Edition) published by the Institute of Transportation Engineers. The estimated number of site -generated trips are summarized in Table 2. Prehm Ranch Traffic Analysis December 13, 2001 Page 4 Table 2 Estimated Site -Generated Trips Land Use Size ITE Land Use Code Weekday Daily AM Peak Hour PM Peak Hour Enter Exit Enter Exit Single Family Homes 8 units 210 77 2 4 5 3 The Prehm Ranch subdivision will have available access from the north via Airport Road as well as from the south through Westbank subdivision. It has been assumed that most residents of Prehm Ranch will use the north access (Airport Road) when their destination lies to the north (Glenwood Springs) and the south access (Westbank) when their destination lies to the south (upvalley). This assumption is based on available roadway connections to State Highway 82 and the extent of out -of -direction travel that would be required, for example, to exit Prehm Ranch via Airport Road when one's destination is upvalley. In addition, the covenants of Prehm Ranch will require that only residents and guests of residents be allowed to use the south entrance (through Westbank), with all delivery/service/construction vehicles required to use the north (Airport Road) entrance (except for Lot 8 for which the primary access will be the south entrance). Both the north and south entrance will be gated, eliminating the possibility of cut -through traffic originating in other areas. It is assumed that the south (Westbank) entrance would be used primarily for recreational access to the local golf courses, the river, and periodic access upvalley. The north (Airport Road) access would likely be the focus of more use such as trips to the grocery store, bank, Walmart, and other services in Glenwood Springs. Based on these assumptions, it has been estimated that 65% of the site -generated traffic will enter/exit Prehm Ranch through the north entrance (Airport Road) and 35% will enter/exit via the south entrance (Westbank). Once the new south bridge over the Roaring Fork River is built (south of the airport), it is likely that even a greater percentage of Prehm Ranch traffic will use the north entrance due to the improved access to SH 82. However, this consideration is not included in the analysis presented here. w Prehm Ranch Traffic Analysis December 13, 2001 Page 5 Site -Generated Traffic Impacts Multiplying the site -generated average daily and peak hour traffic estimates for Prehm Ranch presented in Table 2 by the 35% estimated to use the south entrance results in the following site - generated traffic volumes using Oak Lane and Westbank Road: Average Daily Traffic: AM Peak Hour Traffic: PM Peak Hour Traffic: 27 vehicles 2 vehicles 3 vehicles Table 3 compares this site -generated traffic to the existing traffic volumes (from Table 1). This comparison illustrates traffic increases of 2.4 to 4.2 percent on Westbank Road and 21.4 to 25.0 percent on Oak Lane. While the Oak Lane percentages may at first seem high, in real numbers the traffic increase is insubstantial (only two to three vehicles in the busiest hour). Table 3 Comparison of Existing and Site -Generated Traffic Volumes The traffic carrying capacity of Westbank Road and Oak Lane have been determined from standard traffic engineering formulas as follows: Westbank Road capacity 1,850 passenger cars per hour Oak Lane capacity 1,650 passenger cars per hour The existing and future peak hour traffic volumes on the subject roadways (Table 3) are far below these calculated carrying capacities. Further, the existing traffic volume and physical geometrics of Westbank Road and Oak Lane do not suggest the presence of any safety hazards on these roadways. It is our professional opinion that the subject roads are currently safe and that the insubstantial traffic increase from the site -generated traffic will not create a safety hazard. Westbank Road Oak Lane Existing Volume Volume Increase % Increase Existing Volume Volume Increase % Increase Average Daily Traffic (24 Hour Period) 804 27 3.4% 126 27 21.4% Peak AM Hour Traffic 83 2 2.4% 8 2 25.0% Peak PM Hour Traffic' 72 3 4.2% 14 3 21.4% The traffic carrying capacity of Westbank Road and Oak Lane have been determined from standard traffic engineering formulas as follows: Westbank Road capacity 1,850 passenger cars per hour Oak Lane capacity 1,650 passenger cars per hour The existing and future peak hour traffic volumes on the subject roadways (Table 3) are far below these calculated carrying capacities. Further, the existing traffic volume and physical geometrics of Westbank Road and Oak Lane do not suggest the presence of any safety hazards on these roadways. It is our professional opinion that the subject roads are currently safe and that the insubstantial traffic increase from the site -generated traffic will not create a safety hazard. Prehm Ranch Traffic Analysis December 13, 2001 Page 6 Please feel free to contact me at (970) 928-8599 with any questions you may have. Sincerely, Washington Inf astructure Services, Inc. Mark Ba'cale, P.E. Senior Traffic Engineer of N EXHIBIT "F" NAMES AND ADDRESSES OF OWNERS OF LAND IMMEDIATELY ADJOINING AND WITHIN TWO HUNDRED (200) FEET OF THE PRESERVE AT PREHM RANCH AND LOTS 22 AND 23, WESTBANK RANCH SUBDIVISION, FILING NO. 1, INCLUDING MINERAL INTEREST HOLDERS • PREHM RANCH/WESTBANK RANCH, LOTS 22 AND 23 PROPERTY OWNERS OF RECORD WITHIN 200 FEET, INCLUDING MINERAL INTEREST HOLDERS William M. Zilm 90 Sunlight Drive Glenwood Springs, CO 81601 Lynne Cantrell P. O. Box 2104 Basalt, CO 81621 Lazy H Eleven, LLC P. O. Box 27 Glenwood Springs, CO 81602 Bershenyi Land & Cattle LLLP 2833 County Road 117 Glenwood Springs, CO 81601 Mamm Creek Properties, Inc. Cozy Point, LP 201 North Mill Street, Suite 201 Aspen, CO 81611 L & Y Jammaron Family LLLP 4915 Highway 82 Glenwood Springs, CO 81601 Sterling and Christine Page 235 Oak Lane Glenwood Springs, CO 81601 Bureau of Land Management P. O. Box 1009 Glenwood Springs, CO 81602 David and Rosella Leety 0218 Oak Lane Glenwood Springs, CO 81601 Gregory R. Souder Joyce E. Kramer P. O. Box 11641 Aspen, CO 81612 Mountain View Building Specialties, Inc. 0041 Oak Lane Glenwood Springs, CO 18601 John C. Rigney, Jr. Phil T. Rigney Record holders of mineral interests affecting the Westbank Subdivision as evidenced by that certain reservation in the deed recorded in Book 254 at Page 556. There is no address in the Deed, and the Assessor's records do not indicate any current interest as mineral estate holders on the tax rolls. There are no addresses in the public records or the Assessor's Office records. Therefore, the address should be General Delivery, Glenwood Springs, CO 81601. Harold L. Gambrel Helen Rigney Gambrel Record holders of mineral interests affecting the Westbank Subdivision as evidenced by that certain reservation in the deed recorded in Book 320 at Page 400. There is no address in the Deed, and the Assessor's records do not indicate any current interest as mineral estate holders on the tax rolls. There are no addresses in the public records or the Assessor's Office records. Therefore, the address should be General Delivery, Glenwood Springs, CO 81601. The Gambrels are believed to be deceased and may have a son with the following address: James H. Gambrel 3017 Sequel Way Grand Junction, CO 81504