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Home My WebLink About2.01 First Amendment to SIAVI PA'Y>4N IILPE 1MN 011.1., II III Reception#: 898158 10/03/2017 03:18:52 PN Jean Alberico 1 of 3 Rec Fee:$0.00 Doc Fee:0. 0 GARFIELD COUNTY CO FIRST AMENDMENT TO VELASQUEZ MINOR SUBDIVISION IMPROVEMENTS AGREEMENT This FIRST AMENDMENT to VELASQUEZ MINOR SUBDIVISION IMPROVEMENTS AGREEMENT ("Amendment") is made and entered this 7 day of October, 2017, by and between TINA KIM VELASQUEZ, ROBERT CLAY VELASQUEZ, ROBERT LEE BEASLEY, and IDA MAE BEASLEY (collectively "Owners") and the BORD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, act for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). Recitals Owners and the BOCC entered the Velasquez Minor Subdivision Improvements Agreement ("SIA}" on March 10, 2017, which SlA was recorded at Reception Number 891430 of the real estate records of Garfield County, Colorado. The SIA set forth terms and conditions far the approval of a two -lot minor subdivision exemption known as the Velasquez Minor Subdivision as described in the Final Plat, recorded at Reception Number 891027 of the real estate records of Garfield County, Colorado. The SIA contemplated the formation of a Homeowners Association that would own the water supply and maintain the public utility rights of way. Owners have executed documents for the use and sharing of the water supply system in the form of that Velasquez Minor Subdivision Well Sharing Agreement recorded at Reception Number 891029 of the real estate records of Garfield County, Colorado and have executed documents for the operation, maintenance, repair of the driveway serving the two lots in the form of that Velasquez Minor Subdivision Driveway Sharing Agreement recorded at Reception Number 891028 of the real estate records of Garfield County, Colorado. The Par -ties desire to amend the SIA and remove the condition to create a Homeowners Association as the purpose of such association is otherwise been satisfied by the execution of the Well Sharing Agreement and Driveway Sharing Agreement described above, and by this Amendment. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner agree to amend the SIA recorded at Reception Number 891030 as follows: 1. Paragraph 4 of the S1A is amended and replaced in it is entirety with the fallowing language: 4. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates for any residences or other habitable structures constructed within the Subdivision, Owners shall install, connect and make operable a water supply and distribution system for potable water in accordance with approved plans and specifications. The easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system are shown on the Final Plat for the Velasquez Minor Subdivision recorded at Reception Number 891027 and Velasquez Minor Subdivision Well Sharing Agreement recorded at Reception Number 891029 of the real estate records of Garfield County, Colorado. Owner has deposited with the Garfield Page 1 l'ti1§ EVII rilviiii\ski 11111 Paragraph 5 of the 5IA is amended and replaced in it is entirety with the following language: n l 0 U m ID w 0) 0 en 45 w Sa la ii 0 a) U 42 0) C 0 N 0) 0 a) 0 4- 0) c 0 C N .0 a) U .0S 7 c >, m 3 L' -n w = — °-, }, CO m L = E _ .0 cu ns 0 N a a R fl.. s, 7 [a N E = .Q d ❑ V = 0 C a) a.+ 4.7.; -N — U ) 0. 0 u _0 +4 0) V a) 0. 0 0 . Y U m 7 0 0) 1�.1 eti 0�] C N 0. -C ▪ CO -0 .0 2 3 0) +' 0 0 0 O 3 0) 1a c *' • 0 0i E a) '� 0 0 U i- C 7 a) E +• Q) 0C C L ra +, E c'[a C ? a) • ❑ ru 0 a) a) 11) f N '4 .0 C = a)-a�' ❑ _ +; c CI- c 03 0 La L7 N — C U }.r ❑ C 7 ay 0 'N 03 v E a) '� >,- oin 0) 7 a) 1a ❑ m0 0 .0 a) C cA N 0) E a) 0 0. E "N L() C 2 F4 0) a 0) C a) a) 0) -ts a) en f6 Q 4.3X L7.1 2017, by TINA Kim K 4 o co; q 2 = C �a ir�©� / o ©-� - o��§S 4 % o 0 _A 0&ILaw § 1— >. �\ • 2��® ▪ % - 0 2§ ■ 2 G ® v % & ru m s j • 0 R @ cu O_ M 2° ` b WU Li) mi �� —, —CU 2e 5.5 o q cri c . -.1a \ k 1 2 ,..13 k 0- S2k e / NAE - ©8&& -0 _ = ▪ LU IOU - 14:2 _ -nCr /ni E % _22in Witness my hand and official seal. 0 My commission expires: