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Home My WebLink AboutBOCC Staff Report 03.12.2018Board of County Commissioners, March 12, 2018 Exhibits — Whitecloud Ridge — Subdivision Improvements Agreement Final Request for Release of Letter of Credit Exhibit Number Exhibit 1 Staff Memo to Board of County Commissioners — Subdivision Improvements Agreement Final Request for Release of Letter of Credit 2 Request for Release of Revegetation or Right -of -Way Security 3 Acknowledgment of Final Satisfaction and Direction to Release Funds Related to Letter of Credit 4 Whitecloud Ridge Subdivision Plat, recorded October 20th, 2000 5 Letter from Steve Anthony of Garfield County Vegetation Management, dated October 5, 2017 6 Whitecloud Ridge Subdivision Improvements Agreement, dated August 18, 1997 (Reception Number 571153) 7 Whitecloud Ridge Subdivision Grant of Reciprical Easements, dated January 15, 2007 (Reception Number 715469 8 Whitecloud Ridge Subdivision Domestic Water System Operating Agreement, dated December 19, 1997 (Reception Number 571158) 9 Whitecloud Ridge Subdivision Quit Claim Deed for Levitt Well #2 and Levitt Well #3, dated January 15, 2007 10 Letter from Balcomb and Green, P.C. regarding payment School Impact Fees, dated October 13, 2000; and Receipt for payment of balance of School Impact Fees, dated February 26, 2018 11 Acknowledgment of Partial Satisfaction of Subdivision Improvements Agreement, dated September 9, 2002 (Reception Number 610433) 12 Amendment to Subdivision Improvements Agreement for Whitecloud Ridge Subdivision, dated October 16, 2000 (Reception Number 571154) EXHIBIT Memo To: Board of County Commissioners From: David Pesnichak, Senior Planner Date: March 12, 2018 Re: Whitecloud Ridge Subdivision Improvements Agreement Final Request for Release of Letter of Credit On August 18, 1997 the Board of County Commissioners approved a final plat and Subdivision Improvements Agreement ("SIA") for the Whitecloud Ridge Subdivision ("Subdivision"). The Subdivision of the property required certain improvements that were memorialized in an SIA and secured with a Letter of Credit held by the Bank of Colorado. The Applicant has requested a final release of the Letter of Credit and they have adequately demonstrated completion of the remaining required improvements by the seal of a licensed engineer. This certification regarding the completion of the required improvements has been conducted through previous partial security releases. The remaining $12,000 security has been held for revegetation purposes. The completion of the revegetation has been certified by the Garfield County Vegetation Manager (See Exhibit 5). A final release of security for public improvements requires the Applicant to demonstrate all requirements of the SIA have been completed including: 1. Certification of completion of improvements submitted by a licensed engineer. Note: All physical improvements required by the Subdivision approval have been previously released and demonstrated as complete. 2. Owner shall transfer to the Association all easements and facilities of the water system, and all water rights, water allotment contracts, well permits, and other water rights necessary to provide domestic water service to the dwelling units approved in the Final Plat. Note: See attached exhibits regarding transference of the water infrastructure and water rights. 3. Payment of School Impact Fees in the amount of $200 per dwelling unit ($200 x 15 dwelling units = $3000). Note: See attached exhibits regarding the payment of School Impact Fees. 4. Demonstration that revegetation has been successfully established. Note: See attached Exhibit 5 from Garfield County Vegetation Management regarding the successful establishment of revegetation. 5. A Written Request for Final Release of Security of the Subdivision improvements (See Exhibit 2). The County is in receipt of the required information and therefore Staff recommends approval of the request and authorization for the Chairman to sign the 'Acknowledgement of Final Satisfaction and Direction to Release Funds Related to Letter of Credit" for the release of $12,000 to Molly Levitt. 1 EXHIBIT iz— REQUEST FOR RELEASE OF REVEGETATION OR RIGHT-OF-WAY SECURITY John Martin, Chair Board of County Commissioners Garfield County, Colorado 108 8th Street, Suite 101 ' Glenwood Springs, CO 81601 RE: Revegetation Security for Whitecloud Ridge Subdivision This request is written to authorize the release of security, in the form of a Letter of Credit, for the revegetation completed for the Whitecloud Ridge Subdivision. As Owner, Molly Levitt, we request that the BOCC review the attached the written approval from the Vegetation Management Department indicating that the required revegetation has been performed in accordance with the Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County recorded as Reception No. 57113 on October 20, 2000 Please return the security to: Molly Levitt 1720 Maple Ave Apt 2730 Evanston, Il 60201 If further information is needed, please contact _Molly Levitt , at 816-820-8248 4uo.det Owner r or Owner's Representative/Engineer T:\MyFiles\PLAN\FORM DOCS\REQUEST FOR RELEASE OF REVEG SECURITY.docx Updated 03/10 EXHIBIT ii ACKNOWLEDGMENT OF FINAL SATISFACTION AND DIRECTION TO RELEASE FUNDS RELATED TO LETTER OF CREDIT Recitals 1. Thomas W. and Molly G. Levitt entered into a Subdivision Improvements Agreement ("SIA") with the Board of County Commissioners of Garfield County, Colorado ("BOCC") dated October 20, 2000 and recorded as Reception Number 571153 in the Real Estate Records of the Garfield County Clerk and Recorder. 2. Collateral for the SIA in the amount of $675,000 was held by the Bank of Colorado, Basalt branch, pursuant to a Letter of Credit issued on October 4, 2000. 3. Four partial releases have taken place in 2001 and 2002, recorded as Reception Numbers 584115, 587752, 602935 and 610433 in the Real Estate Records of the Garfield County Clerk and Recorder leaving a balance of $12,000 for the revegetation security. 4. Molly Levitt has an approval statement to the BOCC that the revegetation is successful as related to the SIA. Acknowledgment NOW THEREFORE, at the request of Molly Levitt and in consideration of the premises and the prior agreements contained in the SIA, the BOCC hereby: 1. Acknowledges final satisfaction of the security requirements of the SIA; and, 2. Authorizes final disbursement of funds from the Letter of Credit in the amount of $12,000 resulting in a remaining balance of $ -0- ; and, 3. Authorizes and directs Bank of Colorado, Basalt branch to release the funds held in the in the Letter of Credit to Molly Levitt, 1720 Maple Avenue #2730, Evanston, IL 60201. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk to the Board By: Date: John Martin, Chairman 1— m W VICINITY MAP auras goVIZZ,Lgr`sggrz ;2%7 A.0 Cr COUNTY CRNMINSIONEIS OF GARFIELD OEUNTY INVCRVI. APE RUBDIVISICN 2. WHITECLWO RI. SLIDDIVISION IS SWAM/ TO THE MMIRK ...e rR9Y W... rIva�[ ' d M r.nu.Ec[ p like aNn3.DIT OHS OF A "cEfw�iAND gMKi • „ „ AS 'riaa PA aNETEFnORDI wiiwOf A .1110114. ,+ew`"ranoa e.rx„a •KMPS r..a.. w Esc n a.ea'awi o:�e* .— NOT BC I, FINAL PLAT WHITECLCUD RIDGE SUBDIVISION A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29, T.7 S., R.87 W., OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO SHEET L OF 2 3. DAT OF SURVEY VMS JULY MID AUGUST 1990 LOVA hart IN PUCE LE (auruoo rw7J B. 0 ANGLE POINT DELINEATOR ▪ 7▪ 20/ F. THE FACILITIES OF THE COVESTIC RAPER SYS/. .CESS THEME° AS PROVIDED IN SAID NNITECLOPID RINE D.ESTIC RATER SYS.. OPERA,. ...ENT IR 13 NWT ED BY IRE CARBROALErAr.K=IIRE Gr"KIE", "AL' IEN'''PKIR APPROPRIATE i;s'JEo� „_ o /x sx.upe� i�rn"TiZ [Ir rxu. rxE .o<sEovE EixE snwm a rxls vUr. rata x INNIER OF EACH LOT SHALL M (E. ti.7".x'E`” Sx.E .E > Oor�rl0x a rxf wILOING T.FE MILL BE NO RESUBDIVISION 0, THE LOT5 24i :ITEM R2f. .00 APITECLO. NO. O. ROAD 11.2 SUCH PLAT W. PORE FINN.. AccoPUTE suwer PH S•rgi OPT, in'ir "▪ *-i f Ea.wJmdl Na r,Eoae▪ iVIox °f `sEnE T's onr m •Ao Moine ■r t...1.1,17 a1MK, CC "`nrC41,11 m .ru1.o.r.s. • n. i. r ..ttrwp • =Ware: °0 • C•MICLA owe m ▪ =dm. n cam. ....nt,.. }n)ea .'-�^� HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENW00D SPRINGS, COLORADO BI60I (970) 945--8676 2w..1221 , APARCEL / rLAND SITUATED I rx9�/swrOF SECTION ECT lIONixx[sHE xrxPROPERTY BEING NORE PPRIIC.ARLY DESCRIBED HILL./ 32: THENCE N 03.57,1. E ALONG THE WESTERLY LINE OF THE cnsEi/gii%' sig%7764/0cl e SAID SETDT 20 14.53 4ErTg'R'r214*tH"LTE11727Rn'i0'22'607ETZHCE ixE r raE'" rlvf Isl gET ``Ow.o ew� nrtaA ANCCii wrRAPP/ 32- 2[rlao1(10 623(0 w(0 aull (osn&Eiipv �w iv (0 �a an n oisr RADIUS OF i4 (0n 5 PHOL 17 nnoru EE1J: rry Mar FELT Mofm'efc NTRAL ANGLE a_ Funi. OF IVO 00 FEET A. A mirk, ..._ [fi);aix as COURSES PRONG 420; 0 DA. 70 THE LEFT ANOLK OK 3/726,17 DIST FEL,: Txor 3 E f7 (exam S 63 PK 11 E 141.22 r firvaF" O JLWSw,a r% volt/. far 9 40-11. oloo,4 TIE SOUTHERLY LINE or sAIO SECTION ze TO Y. TPUE POI, Or BEGINNING: SAID PARUL CENTAININC 79,1 .team..n PAs 14 entan. ne4.nw. 1 STREETS AND RO.S DEPICTED ON THE ACCOPPAPRINS PUT E. ALL UTILITY, IRRIGATI. D.INACE EASEMENTS DEPICTED ON THE ACCCURAWING PLAT ARE HEREBY DEDICATED P. SET APART TO N.-El/ELUSIVE EASEPPENTS FOR THE I.TALLAT WO MAI RTENANCE OF ,ILITIES, IRRIGATION .P DRAINAGE FACILITIES. INCLUDING. BOT NOT 3 PHE CO. SPACE ANO DRAI.GE EASEMENT DC IC."7"110:241MRSICVMYON%TPEPIPME171:4NCLUSI YE OF T. P.OVERS Or SAID .SOCIPT ION A. TREIR GUESTS IN ACCON.NCE T. BY TNE AS.CIAT .E007Oa2aa7I.O rv�i; 91r.�v�".inr 71642 alr S.SOURI, ry orjpekS°N EES n w 1*r,sw.mcm .. �t �!3_ ....n. 11.0r o .c a..tEr .T rcfi..® ur-avr susa.r® 2.213.0.11 q ansn .e es .ra.,.n.t .nnf xer.e FINAL PLAT WHITECLOUD RIDGE SUBDIVISION A PARCEL OF LAND. SITUATED IN THE S'W1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29, T.7 S., R.87 W., OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO SHEET 2 OF 2 .>x NW1/4/SW1/4 SEC 28 *°1:11r [ w Sew>OCE 11.51' ., �-NN'' WwY e- f r -aur - WIT 0 • 1 1116311' w - '151. 11097 161.4 CA •679697 w c•lnue 1.72. (NNW i .. - .CAT - 1 WNW' w 1R 1f rpm 1 M f Pk • n - 961F rt-4]1LWrE a-.514 5 11'1190'.97 E 9e pn f[op`M� j J �a t 6 &ZIT AC9 • -.1007' r-11946 51 - 1 63NNI I £ C . *11.27 11 sns•19•m.17E SE1/4/SE1/4 SEC 29 sw1/4/sw1/4 SEC 28 •s NIA 9 . LINE CHART 571.Ts JRVE TABLE •F• ,i i i i 3 J LINE CHART HIGH COUNTRY ENGINEERING, INC CONSULTING ENGINEERS AND SURVEYORS 923 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-.6976 BUILDING ENVFLOPE TIF 11.41_•-{61.717171 �yYu1 M —,--.,s.11, u- ,•;i( :11. GRAPHIC SCALE swam • REIM I FRFND EXHIBIT 1 (I:: Garfield County Vegetation Management October 5, 2017 Sheryl Bower Garfield County Community Development Department RE: Staff Recommendation for Revegetation Security Release for Whitecloud Ridge Subdivision Dear Sheryl, Molly Levitt, as owner, has requested release of the revegetation security for Whitecloud Ridge Subdivision for work pertaining to a Subdivision Improvements Agreement with Garfield County. Staff inspected the site on May 19, 2017. The revegetation has been successful and there are no significant noxious weed issues. The release of this security is recommended. Please let me know if you have any questions. 1 Sincerely, Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 1 11 1111 11111 IIIIII 11111111111111111111111111111 11111111 871193 10/20/2000 02:43P 81213 P4B2 M ALSOORF 1 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT WIUTECLOUD RIDGE SUBDIVISION EXHIBIT 1 Iv THIS AGREEMENT is made and entered into this / ' f� day of_f) U v S r , 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT, (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County"). WITNESSETH: WHEREAS, approval for the preliminary plan for the Whitecloud Ridge Subdivision (formerly known as the Levitt Subdivision) was obtained under the terms and conditions set forth in letter dated July 9, 1996; and WHEREAS, Owner has submitted to the County for its approval the Final Plat for Whitecloud Ridge Subdivision (hereinafter "Final Plat") for the property described on Exhibit A attached hereto and incorporated herein; WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Owner has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance of this agreement, and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinafter. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this agreement, as well as the terms and conditions of the Preliminary Plan approval, and the requirements of the Garfield County Zoning and Subdivision Regulations. 2. OWNER'S PERFORMANCE. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those improvements related to Whitecloud Ridge Subdivision which are required to be constructed by this Agreement. the Final Plat and all applicable Garfield County Zoning and Subdivision Regulations. Those improvements shill be completed on or before October 1, 1998. Additionally, the Owner shall comply with the Following: A all plat documents submitted prior to or at the time of the Final Plat approval, which are inccrporated herein by reference, and made a part of this agreement; 4I1 1111111111111111111111111111(11111111111111111111111111 571153 10/20/2000 02:43P 81213 P484 M ALSDORF 3 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO an amount of security adequate to guarantee the survival of plantings shall remain in effect for two (2) years from date hereof.. If the time for completion of improvements is extended by a written agreement to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the terms of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such contract. Upon submission of a certification of completion of improvements by the Owner, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within fifteen (15) days specifying which improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to Subdivision Improvements Agreement Page 1 1111 11111 111111 11111 11111 1111 IIIIII 111 11111 1111 1111 571133 10/20/2000 02:43P 91213 P486 M RLSOORF 3 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO The parties agree that school impact fees shall be determined to be $200.00 per dwelling unit. The Owner specifically agrees that it is obligated to pay the same, herein accepts that obligation, and waives any claun that it is not so obligated or required to pay school impact fees. The Owner agrees that subsequent to recording of the Final Plat, the Owner will not claim, nor is the Owner entitled to, a reimbursement of the school impact fees paid in conjunction with this Subdivision Improvements Agreement. S SA LII. OF LOTS. No lots within the Whitecloud Ridge Subdivision shall be conveyed prior to recording of the Final Plat 9 ISSUANCE OF BUILDING PERMITS. As one remedy for breach of this agreement; the County may withhold issuance of building permits for any structure within the Subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available for the Fire District's purposes at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Subdivision until all subdivision improvements have been completed and are operational, as required by this agreement. Finally, the Owner herein agrees that prior to the conveyance of any lot within this subdivision, it will provide to the purchaser of that lot a signed copy of Exhibit C attached hereto, notifying the owner of the foregoing restrictiuns upon issuance of building permits and certificates of occupancy. I 0 ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the Subdivision shall have the authority to bring an action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement. 11. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this agreement, including the terms of the Preliminary Plan approval, the County shall have the ability to vacate the final plat as it pertains to lots for which no building permits have been issued. Any existing Tots for which building permits have been issued, shall not be vacated and the plat as to those Tots shall remain valid. The Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 12 BINDING EFFECT. This agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 13. RECORDING. Upon execution and authorization by the County, the Owner shall record this agreement with the Office of the Clerk & Recorder for Garfield County, Colorado. 14. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado Subdivision Improvements Agreement Page S MUM 1111111111111111111111111I 111111 111 11 111 1111 1111 571153 10/20/2080 02:43P 52213 P488 M AL500Ri~ 7 of 9 R 0.00 0 0.00 GARFIELD COUNTY CO EXHIBIT A A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 28 AND THE SE1/4SE1/4 OF SECTION 29 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, THE TRUE POINI OF BEGINNING; THENCE S 89'55'39" W ALONG THE SOUTHERLY LINE OF SAID SECTION 29 1324.02 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 29 AND SECTION 32; THENCE N 03'37'21" E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 OF SAID SECTION 29 1376.58 FEET TO THE SOUTHEAST SIXTEENTH CORNER OF SECTION 29: THENCE N 89"27'43" E ALONG THE NORTHERLY LINE OF SAID SE1/4SE1/4 1355.71 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTION 28 AND SECTION 29; THENCE N 04'53'43" E ALONG THE WESTERLY LINE OF SAID SECTION 28 14.53 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING FIVE (5) COURSES ALONG SAID EXISTING FENCE: 1. S 89'50'52" E 489.38 FEET 2 N 88'49'00" E 162.00 FEET 3. S 89'21'00" E 230.00 FEET 4. N 89'48'00" E 174.98 FEET 5. S 89'00'00" E 277.90 FEET; THENCE LEAVING SAID EXISTING FENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77'47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS 5 42'41'34" W 150.70 FEET); THENCE S 81'35`20" W 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52'15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS S 55'27'23" W 193.80 FEET); THENCE S 29'19'26" W 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17'47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS S 38'13'21" W 86.62 FEET); THENCE S 36'43'42" E 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05'08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS 5 34'09'16" E 35.93 FEET); THENCE 5 31'34'50" E 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS S 65'48'11" E 131.22 FEET); THENCE N 79'58'28" E 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17'43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS N 71'06'37" E 154.09 FEET); THENCE N 62'14'46" E 15.12 FEET TO A POINT ON THE EASTERLY LINE OF SWI/4SW1/4 OF SECTION 28; THENCE 5 03'23'54" W ALONG SAID EASTERLY LINE 801.53 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 28 AND SECTION 33; THENCE S 89'40'17" W ALONG THE SOUTHERLY LINE OF SAID SECTION 28 1371.75 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 79.451 ACRES. MORE OR LESS. EXHIIBIT C NOTICE REGARDING BUILDING PERMITS TO: All purchasers of Lots within Whitecloud Ridge Subdivision VOLT ARE HEREBY NOTIFIED that under applicable Garfield County regulation you may not commence construction of a residence within unincorporated Garfield County, including Whitecloud Ridge Subdivision, prior to issuance of a building permit by Garfield Cnnnty, Additionally. Vartieid County shall issue no Certificate of Occupancy for structures within Whitecloud Ridge Subdivision until all of the subdivision improvements required of the Developer have been completed and are operational in accordance with the Subdivision Improvements Agreement between the Developer and Garfield County. Thomas W. Levitt Molly G. Levitt The foregoing Notice regarding building permits was read and understood by the undersigned purchaser of a Lot within Whitecloud Ridge Subdivision this day of , 199 1 111111 111111E111 11111111111 1111 111111 11111111 1111 1111 571133 10/20/2000 02:43P 01213 P490 H ALSDORF 9 of 9 R 0.00 0 0,00 GARFIELD COUNTY CO Jan 31 2018 03:33PM HP Fax page 1 K11.1 N1411111 Na.lhi I i'R iiia WeVi 1 1111 Recept i onii : 715459 01110/2007 04:54.29 PM B:1685 P.0699 Jaan Rlberiao 1 or 9 Rae Fee -$45.00 Doc Fee:0.40 GAWIELO COUNTY CO GRANT OF RECIPROCAL EASEMENTS Return lo: EXHIBIT 1 THIS GRANT OF RECIPROCAL EASFMENTS is made this ISA_ day of January, 2007, by and between THOMAS W. LEVITT and MOLLY G. LEVITT ("Levitt"), THE 1993 THOMAS W. LEVITT FAMILY TRUST ("Levitt Trust"), and the WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation ("Association"). The mailing address for Levitt, the Levitt Trust and the Association is P. O. Box 414740, Kansas City, MO 64141. RECITALS A. The parties hereto are also parties to that certain Whitecloud Ridge Domestic Water System Operating Agreement recorded in th e 158 Book 1213cords of the �Pag 553 eld County (thcler��aand ter Recorder on October 20, 2000 Reception System Operating Agreement"). B. The Water System Operating Agreement sets forth the terms and conditions for the conveyance of water rights and easements, and the construction and operation of the Water System as therein defined. C. This Grant of Reciprocal Easements is made in accordance with the provisions of the Water System Operating Agreement providing for the conveyance of easements. NOW, THEREFORE, in consideration of the reciprocal grants made herein, the parties hereto agree as follows: 1. The Levitt Trust hereby grants, bargains, sells and conveys to the Association, its successors and assigns forever, a perpetual, non-exclusive easement over, under, across and upon the real property described on Exhibit A attached hereto and incorporated herein by this reference. Pursuant to the easement hereby conveyed, the Association shall have the right to construct, install, maintain, repair, replace and improve the wells, water storage tank and water transmission lines which comprise the Water System as defined in the Water System Operating Agreement, together with the right to access such facilities for the purposes of operation, maintenance, repair, replacement and improvement thereof Reserving, unto the Levitt Trust, its successors and assigns, the right to make connection to said Water System as provided in the Water System Operating Agreement. 2. Levitt hereby grants, bargains, sells and conveys to the Association and the Levitt Trust, their successors and assigns forever, a perpetual, non-exclusive easement over, under, across and upon the utility easements depicted on the Final Plat of Whiteeloud Ridge Subdivision, recorded in the records of the Garfield County Clerk and Recorder on October 20, 2000, as Reception No. 571155 (the "Final Plat"). Pursuant to the easement hereby conveyed, the Association and Levitt Trust shall have the right to construct, install, maintain, repair, replace and improve water transmission lines within said utility easements upon the teims and conditions set forth in the Water System Operating Agreement and the dedication made upon the Final Plat, Lawrence R. Green 6akomb & Green, P, C. P 0 Drawer 790 Glenwood Springs, CO 91602 Jan 31 2018 03:33PM HP Fax page 2 Ml14110,1,111111 r uceptian# : 715409 0111912QO7 84:54:29 PM a 16e5 P 0709 Sean Riber,co 2 of 9 Rea Fee:$ -16.0D Doc ee:O.co GP.RF]EL0 COUNTY CO which rights shall be utilized in conjunction with any other utility companies having rights in said utility easements. 3. 'Phis Grant of Reciprocal Easements is made expressly subject to all of the terms and conditions of the Water System OperatiDg Agreement. By their signatures hereon, the Grantees of the easements herein conveyed acknowledge and agree thatthco and tante is made e 'W subject to the terms and conditions of the Water System Operating Agreementmain to that exeshise be bound to the terms of said 'Water System Operating Agreement as they pe of the rights herein conveyed. By its signature hereon, the Association further accepts the dedications made to it upon the Final Plat. IN WITNESS WHEREOF, thehave execu d this Grant of Reciprocal Easement Y and year ear first written above. the I + L'4 /e64:// Thomas W. Levitt STATE OF j--/ sscz u-1 COUNTY OF -...� taith }A.&Z/, Molly G. evitt THE 1993 THOMAS W. LEVITT FAMILY TRUST, under agreement date;:jytnuary 20, 1993 By:/,� Name: i [t c '46441- W I- e .' Title: '—rieNtti * e E By: a.6locv,4&4 Name: J i rE C b''1$ Title: - 1 �'i,.— WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation By: �/447;Itti 14-2 ea Thomas W. Levitt, President ) ss. The foregoing was acknowledged before me this /5 ay of January, 2007, by Thomas W. Levitt. WITNESS my hand and official seal. a sL Notary Public Grant of Reciprocal Easements Thomas W. Levitt and Molly G. Levitt/Te 1993 Thomas W Levitt Family Trust/ Whitecloud Ridge Homeowners Association Page 2 of 4 TASHA L. MOORHEAD N Puhiic- Notary Seal �atc of Missouri County of Jadison M Commission .12/05/20D7 Jan 31 2018 03:33PM HP Fax Ell ll VIiklii11.111111d t lr hNiiii �f lel Reception#: 715469 01!18 2007 04:54.29 PM 9:1685 P+0701 Sean Albano() 3 of 9 Rea Fee:$46.06 Deo Fao10.00 GARFIELD GQUNI' CO My commission expires: 1Z-05 Address: ?c 2.0 Ejrc e -fl Y wtD (4(c `2( STATE OF t ;. + ) ) ss. COUNTY OF page 3 The foregoing was acknowledged before me this /ijliday of January, 2007, by Molly G. Levitt. WITNESS my hand and official seal.ci-d..sbo,_ J .1)Qd-s9 Notary Public My commission expires: 12-- )5 - 0 '7 Address: Xi} 1,'v ►.Jo��, a, I.A.D STATE OF .14 I COUNTY OF ) ss. TASHA L. MOORHEAD Notary Public - Notary seal State of issour Couor nty M Commission Ex , The foregoing was aclawSed ed before me this 15jL...1 day of January, 2007, by /Io 61, Le v,• 7+j� as -1E-441 fee of The 1993 Thomas W. Levitt Family Trust, under agreement dated January 20, 1993. WITNESS my hand and official seal. (101:0:4 Notary Public My commission expires: /2-05 - o `7 Address: 2_0 Z.0 $mon a0.y, I , U..[.0 641.0 STATE OF %72 r ,55''/.4 4e J ) ) ss. COUNTY OF '' ) The fs - going was ac ledged before me this /47.411 day of January, 2007, by r 1 d . l as JJI�r 72F of The 1993 Tomas W. Levitt Family Trust, under agreement dated January 20, 1993. WITNESS my hand and official se Public My commission expires: g--„,/4, Address: -96-/‘)//0211/11/-.L. 9044 a X. ,172,0 431 /1/ Grant of Reciprocal Easements Thomas W. Levitt and Molly G. Levitt/The 1993 Thomas W Levitt Whitecloud Ridge Homeowners Association Page 3 of 4 RONICE D. BEVAN Notary PubI€c - Notary Seel STATE OF MISSOURI Jackson County My Commission Expires: March 2, 2010 Family Trust/ Commission # 0643635 Jan 31 2018 O3:34PM HP Fax 11111K1 VIIINI1v21 �C�i� l lr+ 4f IY it �l � 1E111 Reception#: 715485 o3Y19126O7 04:64.29 PM 9:1898 P.9702 .lean AlnericO 4 of 9 Rea Fee: $44.02 Doc Fee:0 DO GARFIaD COUNTY CO STATE OF )1rsscu-t 3 ) ss - COUNTY OF ) page 4 The foregoing was acknowledged before me this , I5jt-day of January, 2007, by Thomas W. 'Levitt as President of Whitecloud Ridge Homeowners Association, a Colorado non-profit corporation. WITNESS my hand and official seal. Notary Public My commission xpires: Li- 65 -0-7 ,� [u� f 0 Address: AO ty�C d . !LC ! idsick 1 DDr�w TASHA L MOORHEAD Noisy Public - Notary Seal state of Missouri County of Jackson M Commies .1 1 ape Grant of Reciprocal Easements Thomas W. Levitt and Molly G. Levitt/The 1993 Thomas W. Levitt Family Trasd Whitectoud Ridge Homeowners Association Page 4 of 4 Jan 31 2018 03:34PM HP Fax 77C r NCNV££�!A'VC page 5 EXHIBIT A Page 1 of 5 ■III II tI+tmi. s.memt 11' trri 10411111 Reception/1:1: 715469 01/18/2007 94:64:29 PM 8;1886 P:0793 Jean Alberico 6 of 9 Rao Fee:346.99 Doc Fee:0.00 GARFIELD COUNTY CO LEVITT WELL #2 A WELL SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR.BRASS CAP IN PLACE; THENCE N 56°28'00" E 2681.24 FEET TO SAID LEVITT TRUST WELL "2. 923 Cooper Avenue • Glenwood Springs, CO 8160 I Telephone: (970) 945-8676 • FAX: (970) 945-2555 Jan 31 2018 03:34PM HP Fax • 7R page 6 EXHIBIT A Page 2 of 5 1111M V1 I>1416 1110,1N111041,1MMIN 11111 Reception#• 715469 011tef2007 04:57:29 PM 8:1085 P:0704 Joan Alberico 6 of 9 Rec Fee•$46.00 Doo Fee:O.00 GARFIELD COUNTY CO LEVITT WELL #3 A WELL SITUATED IN THE NEI/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 55656'20" E 2635.24 FEET TO SAID LEVITT TRUST WELL #3. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Jan 31 2018 03:34PM HP Fax page 7 EXHIBIT A Page3of5 RIR a I4 141 4' �Q�h�I bITI Chl �l �i 11111 ecepti rt*: 715489 0, 1B.2O07 W4:64:29 PK B:7BB5 P'0705 Jan Aiwsryco 7 of 9 Rec Fee:$46 OO Dec Fea!O.99 GARFIELD COUNTY CO 100' DIA. UTILITY AND ACCESS EASEMENT DESCRIPTION A 100.00' DIAMETER CIRCLE OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF TIS SIXTH PRINCIPAL. MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING A 50.00' RADIUS FROM THE FOLLOWING DESCRIBED RADIUS POINT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 59°56'09" E 3133.38 FEET TO SAID RADIUS POINT. 95060.05 954061XWATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81 601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 ✓. Jan 31 2018 03:34PM HP Fax page 8 EXHIBIT A Page 4 of 5 1111r.1 roxvirmickinat Pi 11 01 Reoept#ontl: 775466 01/18/2007 @4:54 29 PM 9:1085 P.0765 ,lean Alberico 8 of 9 Rec Fee -$45.00 Deo Fec.O.00 GARFIELD COUNTY CO 30' UTILITY AND ACCESS EASEMENT DESCRIPTION A 30.00' WIDE STRIP OF LAND SITUATED IN THE E1/2SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 61°55'01" E 1605.16 FEET TO ; 'THENCE LEAVING SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 545.00 FEET AND A CENTRAL ANGLE OF 0101514I", A DISTANCE OF 12.00 FEET (CHORD BEARS N 62°52'37" E 12.00 FEET); THENCE N 62°14'46" E 15.13 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 338.02 FEET AND A CENTRAL ANGLE OF 12°43'20", A DISTANCE OF 75.05 FEET (CHORD BEARS N 55°53'06" E 74.90 FEET); THENCE N 49031'26" E 224.71 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 385.00 FEET AND A CENTRAL ANGLE OF 37°55'26", A DISTANCE OF 254.83 FEET (CHORD BEARS N 68°29'09" E 250.20 FEET); THENCE N 87026152' E 24,64 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 285.00 FEET AND A'CENTRAL ANGLE OF 26°48'21", A DISTANCE 133.34 FEET (CHORD BEARS S 79°08'57" E 132.13 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.00 FEET AND A CENTRAL ANGLE OF 00'54'05", A DISTANCE OF 4.17 FEET (CHORD BEARS S 66°11'49" E 4.17 FEET); THENCE N 00°00'QO" E 469.68 FEET; THENCE N 79028'45" E 658.74 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, IlailiadMis, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°37'31" W 3086.30 FEET. 95060.05 6/23/97 9510601WATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Jan 31 2018 03:35PM HP Fax 401feich"-----p-Arr page 9 EXHIBIT A Page 5 of 5 Ell fit IN%litildiki.E+11 "i161110G+,1 .1111 Reception#: 715469 01/18/2007 04:54:29 PM 9:1085 P:0707 Jean A1berico 9 of 9 Reo Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO 40' UTILITY AND ACCESS EASEMENT DESCRIPTION A 40.00' WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE,87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: 1 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 60°37'21" E 3307.12 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE 1993 THOMAS W. LEVITY FAMILY TRUST PROPERTY, ■ t 1 ' • k 1 k 1 ; THENCE LEAVING SAID EASTERLY LINE S 80°04'44" W 131.91 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°49'54" W 3183.05 FEET. 95060.05 6!13197 955060MNATEP.EASS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 . 1111111111111111111le11111111111111111 III 1111111111111 571156 10/20/2000 03:09P B1213 P563 M ALSDORF 1 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO WHTTECLOUD RIDGE DOMESTIC WATER SYSTEM OPERATING AGREEMENT EXHIBIT THIS AGREEMENT is made this /felt day of Pee €4. dw , 1997, by and between THOMAS W. LEVITT and MOLLY G. LEVITT (hereinafter "Developer"); the WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation (hereinafter the "Association") and THE 1993 THOMAS W. LEVITT FAMILY TRUST (hereinafter the "Trust"). RECITALS 1. Developer is the owner of the real property which is described on Exhibit A attached hereto and incorporated herein by this reference and which is being developed by Developer as a subdivision in Garfield County, Colorado, known as Whitecloud Ridge Subdivision (hereinafter "Whitecloud Ridge"). 2. The Association is the homeowners association which the Developer has or will cause to be organized in accordance with Colorado law to be and constitute the homeowners association to which reference is made in the Declaration of Protective Covenants for Whitecloud Ridge Subdivision (hereinafter "Declaration"). All owners of lots within Whitecloud Ridge will automatically become members of the Association as provided in the Declaration. 3. The Trust is the owner of the real property described on Exhibit B attached hereto and incorporated herein by this reference (hereinafter "Trust Property"). The Trust Property is contiguous to Whitecloud Ridge. 4. Developer has acquired certain water and water rights, wells and well permits, and a water allotment contract with the Basalt Water Conservancy District (hereinafter collectively the "Water Rights") which are described in paragraph 1 of this Agreement and which are sufficient to provide the physical and legal supply of water for up to fifteen (15) single family dwellings within Whitecloud Ridge and to potential development of up to eight (8) single family dwellings on the Trust Property or other allowed property as provided herein together with the physical and legal supply of water for limited outside irrigation and livestock watering. 5. Developer desires to construct a water storage tank and water transmission lines which, by appropriate use of the Water Rights, can serve as the domestic water delivery system to Whitecloud Ridge. By appropriately sizing the water storage tank and certain of the transmission lines, potential future development on the Trust Property or other allowed property as provided herein may also make use of said water delivery system. 6. The wells are located upon the Trust Property and the most appropriate location for the water storage tank is upon the Trust Property. Lgwrertce R. Green P,0.orawef790 81EQ8 Glenwood Springs, 1111111 11111 111111 11111 111111 111111111111111111 IIII 1111 571158 10/20/2000 03:09P 01213 15'385 h PL5DORF 3 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO contract in the name of the Trust in an amount of water equal to 8/23rds of the amount of water in the existing contract. Notwithstanding anything in this Agreement to the contrary, the interest in the Water Rights to be transferred to the Association pursuant to this subparagraph shall include all rights thereunder to livestock watering and all rights thereunder to outside irrigation except for the right to irrigate up to 12,000 square feet of lawns and gardens, which shall be included within the interest in the Water Rights to be conveyed to the Trust under this subparagraph. b. Easements for Facilities. The wells are located upon the Trust Property at the locations set forth on Exhibit C which is attached hereto and Incorporated herein by this reference. The water storage tank will he located on the Trust Property at the location described on Exhibit C. Water transmission lines will be installed from the wells to the water storage tank and then from the water storage tank to Whitecloud Ridge along the courses described on Exhibit C. By its execution hereof, the Trust hereby authorizes Developer to construct the elements of the Water System upon the locations described on Exhibit C. Additionally, no Tater than thirty (30) days after completion of the Water System as required by the SIA, the Trust shall execute its deed of easement conveying to the Association perpetual, non- exclusive easements for the purpose of constructing, installing, maintaining, repairing, replacing and improving the wells, water storage tank and water transmission lines at the locations described on Exhibit C, reserving, however, to the Trust and its successors and assigns the right to make connection to said lines and facilities as provided with this Agreement. Said deed of easement shall also include a perpetual, nonexclusive right of access to such wells, water storage tank and water transmission lines for purposes of operation, maintenance, repair, replacement and improvement of such facilities. Said access shall be along the route described on Exhibit C. c. Water Transmission Lines, Water Tank, etc. Simultaneously with delivery of the deed of easement required by paragraph 3(b) hereof, Developer shall execute and deliver a bill of sale conveying to the Association an undivided 15123rds interest in and to all physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. At a time mutually determined by Developer and the Trust, but in any event prior to the approval of any development on the Trust Property, Developer shall execute and deliver a bill of sale conveying to the Trust an undivided 8/23rds interest in and to all of the physical facilities constituting the Water System free and clear of any lien, debt or encumbrance. 4. Operation of Water System. From and after the date of the transfer to the Association of all aspects of the Water System and the Water Rights as provided in paragraph 3 hereof, the Association shall be responsible for the operation, maintenance in good condition, repair, replacement and improvement of the Water System, the establishment and collection of rates and charges from users of the Water System. the adoption, amendment and enforcement of Water System Rules and Regulations, and the maintenance and preservation of the Water Rights (collectively the "Administration of the Water System"), provided that the Association's Administration of the Water System shall not include the responsibility to maintain or pay any charges associated with any Basalt Water Conservancy District contract which is not from time to time owned by or issued in the name of the Association. The Association shall diligently perforrn the Administration of the Water System as the domestic water system for al! users of the Water System in order that all users of the Water System have adequate and functional water service and in accordance with the water rights owned by the Association, the applicable Basalt Water Conservancy District contract or contracts, the Declaration, the provisions of this Agreement, and Whitecloud Ridge Domestic Water System Operating Agreement Page 3 1111111 11111 111111 11111 111111 1111 11111 111 VIII 11111111 571158 10/20/2000 03:09P 81213 P5197 M RLSOORF 5 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO The Association, on behalf of itself and its constituent members, hereby agrees that it shall provide service for such eight (8) Taps subject to the terms and conditions ofthis Agreement and further agrees that it will not object to any development proposal for the Trust Property containing no more than eight (8) single family dwellings. b. Conveyance of Taps. In connection with the approval from time to time by Garfield County of any development on the Trust Property or any other allowed property as provided herein which will utilize the Water System, the Trust may transfer, convey and assign, by appropriate documents of conveyance to or for the benefit of such dwellings, lots, or development, one Tap for each dwelling which will receive service from the Water System. Such Taps may be retained by the Trust or transferred either to a homeowners association whose members will consist of the owners of lots which will utilize the Taps or directly to the individual lot owner(s). Provided that the owner of such Tap can demonstrate to the reasonable satisfaction of the Association that such owner has adequate legal water rights to support such Tap or has furnished the Association with such rights, the Trust or any transferee of a Tap shall have the right to connect to the Water System and receive service therefrom (hereinafter the "Activation of a Tap"). Effective upon the Activation of a Tap, the owner of the Tap shall be deemed a "user of the Water System" hereunder and shall receive water therefrom as provided in this Agreement. For as long as any transferee of a Tap owns such Tap, such transferee shall be deemed to be a successor to the Trust under this Agreement, with all the rights of, and subject to all the conditions applicable to, a party to this Agreement. c. Responsibilityfor Extension of the System. Any extension of water delivery lines and any additional pumps, meters and other equipment to provide water service from the Water System to dwellings on or Lots created from the Trust Property or any other allowed property as provided herein shall be installed at the expense of the developer of such dwellings or lots and shall thereupon be considered part of the Water System. Upon completion of such construction. said facilities shall be transferred to the Association by an appropriate instrument of conveyance and free and clear of any lien or encumbrance. d. Other Allowed Property. From time to time the Trust may utilize or transfer one or more of its Taps to or for the benefit of any dwelling, lot or development on property other than the Trust Property which is located in the East one-half of the Southwest one-quarter of Section 28, Township 7 South, Range 87 West of the 6th Principal Meridian in Garfield County, Colorado, provided that any such transfer shall be made by written instrument which shall be recorded in the records of Garfield County and which shall be executed by the transferee accepting the transfer and acknowledging that such transferec and the locally describcxl tract of land which will be provided service pursuant to such Tap will be subject to all the terms and provisions of this Agreement. Such instrument must be in form reasonably satisfactory to the Association, and a copy of the recorded instrument shall be provided to the Association. e. Financial Responsibility and Ownership Before and After Tap Activation. Until the Activation of a Tap by the Trust or any transferee of one of the Trust's Taps, neither the Trust nor any such transferee shall have any responsibility for the Administration of the Water System (and upon such Activation of a Tap, neither the Trust nor any such transferee shall be charged for or in connection with any then unactivated Tap), except that the Tnist or any other owner of a Tap shall be responsible for payment for its respective assigned shares or bifurcated portions of the applicable Basalt Water Conservancy District contract. (Notwithstanding the foregoing, the failure to pay, loss or lapse of all or Whilecroud Ridge Domestic Water System Operating Agreement Page 5 1 111111 11111 111111 11111 111111 11111 11111 111 11111 1111 1111 571158 10/20/2000 03.0915 91213 P569 tk RLSOORF 7 of 19 R 99.00 D 0.00 GRRFIELD COUNTY CO nominal consideration. Upon the execution and delivery of appropriate documents of conveyance, the relinquishing party shall lose all of its interest and rights in and to the Water System and this Agreement, shall no longer be considered to be a party to this Agreement, and shall also be absolved of any further responsibility with respect to the Administration of the Water System, except for previously accruing obligations. In the event that alternative municipal water service becomes available to the users of the Water System, ownership, operation and control, or management of the Water System may be turned over to the provider of such alternative municipal water service upon such terms and conditions as may be unanimously approved by the Association and the owners of the Taps belonging to the Trust hereunder. 8. Default, Remedies. a. Events of Default. The following shall be deemed to be an event of default by a party ("Event of Default"): If any party shall fail in the performance of or compliance with any of the covenants, agreements, terms or conditions contained in this Agreement and such failure shall continue for a period of thirty (30) days after written notice thereof from a nondefaulting party to the party failing to perform or comply, specifying in detail the nature of such default, or, in the case of a nonmonetary defauit which cannot with due diligence be cured within such thirty (30) day period, if said party fails to proceed promptly and with all due diligence to cure the same and thereafter to prosecute the curing of such failure with all due diligence (it being intended that in connection with a failure not susceptible of being cured with due diligence within thirty (30) days that the time within which to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence, but in no event longer than ninety (90) days); b. Remedies. Upon the occurrence of an Event of Default by any party hereunder which is not cured within the time period permitted, a non -defaulting party shall be entitled to: i. Specific performance of the defaulting party's obligations hereunder and injunctive relief, as applicable, under the laws of the State of Colorado. ii. Demand payment of all amounts due the non -defaulting party under the terms of this Agreement, and demand the payment of all costs, damages, expenses and reasonable attorneys' fees of the non -defaulting party due to said default; iii. Remedy any Event of Default, and in connection with such remedy, the non -defaulting party may pay all expenses and employ counsel, and all sums so expended or obligations incurred by said party in connection therewith shall be paid by the defaulting party to the nondefaulting party upon demand, and on failure of such reimbursement, the nondefaulting party may, at its option, deduct all costs and expenses incurred in connection with remedying an Event of Default from the next sums subsequently becoming due to said defaulting party under the terms of this Agreement; and iv. No remedy herein conferred upon or reserved to a party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be Whitecloud Ridge Domestic Water System Operating Agreement Page 7 111111111111111111 Iii11111111 IIIII 11111 III IIIII IIII IIII 571158 10/20/2000 03:09P B1213 P571 M ALSDORF 9 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO f Notices. All notices or other communications (collectively, "notices") required or provided for under this Agreement shall be in writing and shall be served by hand delivery, by prepaid United States certified mail, return receipt requested, or by reputable overnight delivery service guaranteeing next -day delivery and providing a receipt. All notices shall be addressed to the parties at the respective addresses as set forth below, except that any party may, by notice in manner provided above, change this address for all subsequent notices. Notices shall be deemed served and received upon the earlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or upon delivery (in all other cases). A party's failure or refusal to accept service of a notice shall constitute delivery of the notice. If to Developer: If to the Association: If to the Trust: Thomas W. Levitt Molly G. Levitt P.O. Box 414740 Kansas City, MO 64141 Whitecloud Ridge Homeowners Association c% Lawrence R. Green, Esq. Delaney & Balcomb, P.C. P.O. Drawer 790 Glenwood Springs, CO 81601 The 1993 Thomas W. Levitt Family Trust P.O. Box 414740 Kansas City, MO 64141 g. Governing Law. This Agreement shall be governed by and construed in accordance with Colorado Law. Venue for any legal action arising out of this Agreement shall lie solely in Garfield County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. DEVELOPER: t THOMAS W. LEVITT MOLL G. LEVITT Whitecloud Ridge Domestic Water System Operating Agreement Page 9 1 11 1111 IIIA 1111111111111111111111 1111111 11111 1111I1 III 1111 571158 10/20/2000 03:09P 81213 P513 11 RLSDORF 11 of 19 R 85.00 D 0.00 GARFIELD COUNTY CO STATE OF COUNTY OF 44terva,„ ) )ss The ;�egoing instrument was acknowledged before me this �% day o , 1997, by Thomas W. Levitt, President of Whitecloud Ridge Homeowners Association, a Colorado non-profit Corporation. V►1TIdC39 y ]!all �! e,1 .l .,ifi..;rl seal, CAROL RAKCSKI Notary Public —Notary Seal STATE OF MISSOURI Jackson County My Commission Expires: Tune 15.1998 My commission expires. Address: iJ14-s 1-0 @7 STATE OF COUNTY OF ?TARP 141918' sT Nto to`}IDo ) ) ss. 91— )i The f'goini instrument was acknowledged before me this /7 day ova r 1997, by Thomas W. eviti and John C. Davis, Trustees of The 1993 Thomas W. Levitt Family Trust, under agreement dated January 20, 1993 CAROB. Notary Pnblle –Notary Seal STATE CF I+USSOURU Jarboe County hfi �ptiittt,ssioo Rtptms: Juet; i My commission expires: Address: 10 0( (004- 19W 4 ct v mo LAla� official sea k. VALI- )c;—(cl nT Ig\cvitt\wateragr 169'June 24, 1997 Whitecloud Ridge Domestic Water System Operating Agreement Page 11 O Exhibit B PROPERTY DESCRIPTION THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY (MODIFIED AGAIN) A PA RCEI. OF IAND SITUATED IN TFIE SW1 /4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 63050'49" E 1573.54 FEET TO A POINT ON THE EASTERLY LINE OF THE SWI/4SWI/4 OF SAID SECTION 28, THE TRUE POINT OF BEGINNING; THENCE N 03023'54" E ALONG SAID EASTERLY LINE 114.62 FEET; THENCE LEAVING SAID EASTERLY LINE S 62°14'46" W 15.12 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17°43'43" A DISTANCE OF 154.71 FEET (CHORD BEARS S 71°06'37" W 154.09 FEET); THENCE S 79°58'28" W 155.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68'26'41" A DISTANCE OF 203.08 FEET (CHORD BEARS N 65°48'11" W 191.22 FEET); THENCE N 31°34'50" W 76.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05°08'52" A DISTANCE OF 35.94 FEET (CHORD BEARS N 34°09'16" W 35.93 FEET); THENCE N 36°43'42" W 100.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17°47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS N 38° 13'21 " E 86.62 FEET); THENCE N 29°19'26" E 99.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52°15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55°27'23" E 193.80 FEET); THENCE N 81°35'20" E 281.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77°47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42°41'34" E 150.70 FEET) TO A POINT ON THE EASTERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 28; THENCE N 03°23'54" E ALONG SAID EASTERLY LINE 105.57 FEET; THENCE LEAVING SAID EASTERLY LINE S 89°45'54" E 603.84 FEET; THENCE N 69°11'09" E 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE: 1. S 00°34'25" W 226.26 FEET 2. S 02°28'40" E 91.04 FEET 3. S 06°19'45" E 119.31 FEET 4. N 89°44'08" W 5.95 FEET cxW7Rr NGd'V4-4-1k7VG�� 111111111111111111111111111111111111111 111 111111 111 1111 571156 10/20/2000 03:09P 81213 P577 M RLSDORF 15 of 19 R 93.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 1 of 5 LEVITT WELL #2 A WELL SITUATED IN THE NEI/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; THE LOCATION OF SAID WELL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 56°28'00" E 2681.24 FEET TO SAID LEVITT TRUST WELL #2. 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 1111111 11111 11111111111111111111IIIII 1111111111111111 571138 10/20/2000 03.09P 51213 P579 N PLSDORF 17 of 19 R 93.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 3 of 5 100' DIA. UTILITY AND ACCESS EASEMENT DESCRIPTION A 100.00' DIAMETER CIRCLE OF LAND SITUATED IN THE NE1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT BEING A 50.00' RADIUS FROM THE FOLLOWING DESCRIBED RADIUS POINT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 59°56'09" E 3133.38 FEET TO SAID RADIUS POINT. 95060.05 951060MATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 1 11 11111 IIIII 111111 11111 111111 11111 11111 111 111111 MHO 571158 10/20/2000 03:09P 81213 P581 M ALSDORF 19 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Exhibit C, page 5 of 5 40' UTILITY AND ACCESS EASEMENT DESCRIPTION A 40.00' WIDE STRIP OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST O1-"1'HE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID EASEMENT LYING 20.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 60°37'21" E 3307.12 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE 1993 THOMAS W. LEVITT FAMILY TRUST PROPERTY, THIS TRUE POINT Of IiEQ1NNING; THENCE LEAVING SAID EASTERLY LINE S 80°04'44" W 131.91 FEET TO A POINT ON A 50' RADIUS WATER TANK EASEMENT, THE TERMINUS, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 28 BEARS S 59°49'54" W 3183.05 FEET. 95060.05 6/23/97 951060\WATEREAS.REV 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Jan 24 2018 09:12PM HP Fax page 1 QUIT CLAIM DEED THIS DEED, made this/ rig day of January, 2007, between THOMAS W. LEVTTT and MOLLY G. LEVITT (Grantors) and THE 1993 THOMAS W. LEVITT FAMILY TRUST, whose address is P.O. Box 414740, Kansas City, Missouri 64141 (Grantee): WITNESSETH, that the Grantors for and in consideration of tho sum of Onc Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents remise, release, sell, convey and quit claim unto Grantee, its successors and assigns forever, the following right, interest, claim and demand which the Grantors have in and to the water rights together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: AN UNDIVIDED 8/23RDS INTEREST IN AND TO THE FOLLOWING WELL AND WELL RIGHTS, WATER AND WATER RIGHTS, TOGETHER WITH IMPROVEMENTS: 1. Levitt Well #2, Permit No. 055124-F; and 2. Levitt Well #3, Permit No. 055125-F. The above described water rights are conveyed subject to the terms and conditions set forth in that certain Whitecloud Ridge Domestic Water System Operating Agreement recorded in the records of the Garfield County Clerk and Recorder on October 20, 2000 as Reception No. 571158 in Book 1213, Page 563. above. IN WITNESS WHEREOF, the Grantors have executed this Deed on the date first set forth / / # G Thomas W. Levitt fieWi Molly G. Lett STATE OF _MiSSaLti COUNTY OF ) ss. The foregoing was acknowledged before me this 1 15tik,day of January, 2007, by Thomas W. Levitt. WITNESS my hand and official seal. I al ►l 42.18, -)Notary Public My commission expires: 12 - 05 - O'7 Address: 20Z0 , k(f MO ii110ii STATE OF . +fir ) ) ss. COUNTY OF ) Levitt. �Q The foregoing was acknowledged before me this 1 5 fL day of January, 2007, by Molly G. WITNESS my hand and official seal. C. la�l� Notary Public My commission expires: 12- t) "T Address: 21/..0 bre.6.d cut , ee: i' MO Co 410 TASHA, 1, uiORHED ilotaty u ie • oineiASeal e ofJori t+n 12/05/2001� Jan 24 2018 09:12PM HP Fax page 2 QUIT CLAIM DEED THIS DEED, made this �S #/, day of January, 2007, between THOMAS W. LEVITT and MOLLY G. LEVITT (Grantors) and WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION,a Colorado non-profit corporation, whose address is P.O. Box 414740, Kansas City, Missouri 64141 (Grantee): WITNESSETH, that the Grantors for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents remise, release, sell, convey and quit claim unto Grantee, its successors and assigns forever, the following right, interest, claim and demand which the Grantors have in and to the water rights together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: AN UNDIVIDED 15/23RDS INTEREST IN AND TO THE FOLLOWING WELL AND WELL RIGHTS, WATER AND WATER RIGHTS, TOGETHER WITH IMPROVEMENTS: 1. Levitt Well #2, Permit No. 055124-F; and 2. Levitt Well #3, Permit No. 055125-F_ The above described water rights are conveyed subject to the terms and conditions set forth in that certain Whitecloud Ridge Domestic Water System Operating Agreement recorded in the records of the Garfield County Clerk and Recorder on October 20, 2000 as Reception No. 571158 in Book 1213, Page 563. IN WITNESS WHEREOF, the Grantors have executed this Deed on the date first set forth above. %� / f rPte&a Thomas W. Levitt Li/(4 /L4;2i( Molly G. itt STATE OF ) ss. COUNTY OF It. t G s{ LJ ) The foregoing was acknowledged before me this /S-/L./day of January, 2007, by Thomas W. Levitt. WITNESS my hand and official seal. f Notary Public My commission expires: +.2.- 05 -O7 Address: ,2t70 oa.uf u. ttt , //J , I b� STATE OF ,i ) ) ss. COUNTY OF r i . J ) Levitt. :airy : 1 t. ic.'>7Siti q The foregoing was acknowledged before me this 151(1/4-, day of January, 2007, by Molly G. WITNESS my hand and official seal. �( Notary Public My commission expires: jZ -OS 0 7 Address: 24)-(d L` tort.d,t:!Cai, (LN ILItO (rtf /OD • • Jan 24 2018 09:12PM HP Fax page 3 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that THOMAS W. LEVITT and MOLLY G. LEVITT ("Grantors"), for and in consideration of the surra of Ten Dollars ($10.00) to it in hand paid, at or before the ensealing or delivery of these presents by THE 1993 THOMAS W. LEVITT' FAMILY TRUST, ("Grantee"), whose address is P.O, Box 414740, Kansas City, Missouri 64141, the receipt of which is hereby acknowledged, huvo bargained and sold, and by these presents grant and convey unto the said Grantee, its successors and assigns, the following property, goods and chattels, to -wit: An undivided 8/23rds interest in andto all water facilities, lines and equipment now constructed, installed or in place, which comprise the Water System as defined in the Whitecloud Ridge Domestic Water System Operating Agreement recorded in the records of the Garfield County Clerk and Recorder on October 20, 2000 as Reception No. 571158 in Book 1213, Page 563 ("Water System Operating Agreement"), including, without limitation, the following: 1. Water storage tank; 2. Two wells and related easing and pumps; 3. Well house and clear well storage facility, including all pumps, controls, and equipment, and all supplies located therein and all appurtenant facilities; and 4. Water lines up to and including curb valve. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, forever. The Grantors covenant and agree to and with the Grantee, its successors and assigns, to warrant and defend the sale and conveyance of the aforesaid property, goods and chattels, against all and every person or persons whomever, subject to all terms and conditions of the Water System Operating Agreement. IN WITNESS WHEREOF, the Grantors have executed thisll of Sale this/.t'( day of January, 2007. STATE OF Li c s. U v r ) ss. COUNTY OF Levitt. Thomas W. Levitt Molly G. Le The foregoing was acknowledged before me this /5j(i,, day of January, 2007, by Thomas W. WITNESS my hand and official seal. My commission expires: /245 0 7 '1 Address: 10 .Broastwwl, /Lc ,tko 00 d STATE OF N:,�ns ttu!,r;.: ,;(!al L jf.SSdr.yr r ) l •t�,,+.: .. • COUNTY OF ) sss. r W .. Notary Public Levitt. The foregoing was acknowledged before me this 15.1L day of January, 2007, by Molly G. WITNESS my hand and official seal. �t,'�c��..� Notary Public My commission expires: f2- 05 — 6'7 Address: yi}2.0 Bro0.4,-) 1, ke,fu4 lr 10� Jan 24 2018 09:12PM HP Fax page 4 HILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that THOMAS W. LEVITT and MOLLY G. LEVITT ("Grantors"), for and in consideration of the sum of Ten Dollars (8 10.00) to it in hand paid, at or before the ensealing or delivery of these presents by WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION, a Colorado non-profit corporation ("Grantee"), whose Rddress is P.O. Box 414740, Kansas City, Missouri 64141, the receipt of which is hereby acknowledged, have bargained and said, and by these presents grant and convoy unto the saki Ciruutee, its successors and assigns, the following property, goods and chattels, to -wit: An undivided 15/23rds interest in and to all water facilities, lines and equipment now constructed, installed ur in place, which comprise the Water System as defined in the Whitecloud Ridge Domestic Water System Operating Agreement recorded in the records of the Garfield County Clerk and Recorder on October 20, 2000 as Reception No. 571158 in Book 1213, Page 563 ("Water System Operating Agreement"), including, without limitation, the following: 1. Water storage tank; 2. Two wells and related casing and pumps; 3. Well house and clear well storage facility, including all pumps, controls, and equipment, and all supplies located therein and all appurtenant facilities; and 4. Water lines up to and including curb valve. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, forever. The Grantors covenant and agree to and with the Grantee, its successors and assigns, to warrant and defend the sale and conveyance of the aforesaid property, goods and chattels, against all and every person or persons whomever, subject to all terms and ognditions of the Water System Operating Agreement. IN WITNESS WHEREOF, the Grantors have executed th' B' of Sale this /..r4day of January, 2007. Thomas W. Levitt STATE OF ....),(Ssot.t r ) ) ss. COUNTY OF -4, Levitt. Molly G. L evkr The foregoing was acknowledged before me this /51, day of January, 2007, by Thomas W. WITNESS my hand and official seal. c ri gitt lvly ca;nnu ssi on expires: /Z - 05 - O -T Address: ;is) /0 Z4rce4,00.ki1(l , I&.(.() ta4l 0 K STATE OF . ;-sou.ry ) ) ss. ) Notary Public COUNTY OF Levitt. t teL /21 +GMC1 Notary 1'ul+ik .. ORHEAD N11trir'F tail: o: R?i;:;q„rt � Cnm utli j 0.4 The foregoing was acknowledged before me this f 5 &day of January, 2007, by Molly G. WITNESS my hand and official seal. Cid, jjjjjj Notary Public My commission expires: It- d 5 - 0.7 Address: .711. 0 anxteitt.hui reLUIJ u41o' i TAM I.A I ...-.Q1z,Fil2A1.) MVP'.'' ..;die - Notary Soar ..-e ofhlissuud A! of y orb ck syn JOHN A, TNULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THUL5ON LORI J. M. SATTERFIELD EDWARD B. OL.SZEWSKI DAVID SANDOVAL BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO:'. Telephone: 970.945.6546 Facsimile: 970.945.9769 October 13, 2000 Mark Bean, Planning Director Garfield County Building and Planning Department 109 8t Street, Suite 303 Glenwood Springs, CO 81601 Re: Whitecloud Ridge Subdivision Dear Mark: EXHIBIT OF COUNSEL: KENNETH BALCOMB Enclosed please find the following documents: 1. Two original Amendments to Subdivision Improvements Agreement executed by Mr. and Mrs. Levitt; 2. An Irrevocable Standby Letter of Credit issued by Bank of Colorado -Western Colorado in the amount of $675,000.00 as required by the Amendment to SIA; and 3. A check from the Levitts in the amount of $2,600.00 made payable to the Garfield County Treasurer for School District fees. It is our understanding that you will now present the Amendment to Subdivision Improvements Agreement to the Board of County Commissioners for signature, whereupon the Final Plat of Whitecloud Ridge Subdivision may be recorded. Please let me know when this matter will be submitted to the Board. LRG/bc Encls. xc: Thomas W. Levitt Don Deford Esq. Very truly yours, BALCOMB & GREEN, P.C. ET ONLY -411E: Garfield County 1 Deposit to Garfield County Treasurer COMMUNITY DEVELOPMENT MR CODE YEAR 2018 REVENUE G/L ACCT M Trrasurar3Use Ord FUND SUFFIX LA 29}.. 3401 000 SCHACQ RE #1 2960 3401 000 SCHACQ RE#2 2961 3401 000 SCHACQ #16 2962 3401 000 SCHACQ #49JT 2963 3401 000 SCHACQ #50J 2964 3401 000 BANK ACCT CHECKS $ 400.00 CASH $ 0.00 REVENUE DEPOSIT FORM I—CHECKS & CASH S Amount 400.00 Received From: Becky Wheetersburg Date: FEBRUARY 26, 2018 FILE #: LEGAL DESCRIPTION: 15 LOTS IN WHITECLOUD SUBDIVISION ADDRESS: Pa,14 f�� iy,Pou� u� rv�,y-CiA.ee�,— 41O(. do- 0 n,w,aii(, fit- q— ty P3,000 /-0 kd+,cak at do-ei,e(1 um; X )--co &At 1-x/L 1/AyLet/e_ q4UQ- 1614-6z..�.r i%z. 1)ki/e46*<e(sz..d,Lrt+012` 11111111111111111111111111111111111111111111 11111111111 1 of 2 09/10/2002 00.0 : AFIELD COU9NTYNCO ACKNOWLEDGMENT QVEMENTS AGREEMENT AL N SUBDIVISION IM1' EXHIBIT ( KNOW ALL MEN BY THESE PRESENT that: WHEREAS, Thomas W. Levittvvrth the Board of County Coand Molly G. Levitt mmissioners of "owner"), enteredCarCounty, to a Subdivision Improvements Agreement Colorado (hereinafter "Board"), recorded in Book 1213 at Page 482 as Reception No. 571133 ofthe Garfield County records on October 20, 2000, for the improvements of the Whitecloud Ridge subdivision; and WHEREAS, the obligations of the Owner have been satisfied in part, as verified in attached statement from Roger D. Neal, P. ,cvnsis consistent Country with impravenments d�e�described in theSubdivision ted August 15, 2002, that work has been partially completed Improvements Agreement. NOW THEREFORE, at the req est of the Owner and in consideration ofthe premises and prior agreements, the Board hereby acknow es the satisfaction of the Subdivision Improvements Agreement entered into by Owner and the 13o.' for the release o . urity in the amount of $27,475.44 for work completed consistent with •itrovemen d in the Subdivision Improvements Agreement, and retaining $12,000.00 for • e impr• STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this -..dad of 2002, by John Martin, as Chairman of the Board of County Commissioners of G eld County, Colorado. WITNESS my hand and official seal. My commission expires NA - )ss By: ,.snnusuri,,, !r. ,`�cw•W7P E`�rvcr.� "P.Fev ' August 12, 2002 Mark Bean Garfield County Planning 109 8th Street, 3rd Floor Glenwood Springs, CO 81601 1111111111111111111111111111111111111111111111111111111 610433 09/10/2002 03:56P 51385 P295 tl ALSDORF 2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO Re: Whitecloud Ridge Subdivision - Final Release of Collateral NCE Project No. 95060.08 RECEIVED AUG 15 2002 GARFIELD COUNTY BUILDING & PLANNING Dear Mark: Based on periodic observations of the construction, the road and earthwork improvements listed in the Engines Estimate of Probable Construction Cot have been completed in compliance with the Subdivisiads Improvement Agreement, approved construction documents, and Garfield County Regulations, except as noted below. The project is complete with the following exception: 1. The site revegetation has not been completed — amount = $12,000. We are requesting that the remaining collateral less $12,000 be released. This statement of completion shall in no way relieve any other party from meeting requirements unposed by contract or other means, including commonly accepted industry practices. On the owner's behalf, we are requesting the release of collateral for road and earthwork improvements. Please contact me if you have any questions or need additional information. Sincerely, HIGH COUNTRY ENGINEERING, INC. Roger D. Neal, P.E! Project Engineer Enc. cc: Tom Levitt — via fax (816) 474-419 Clayton Collier - via fax (970) 704-1703 1517 Blake Avenue, Ste. 101 Glenwood Springs, CO 8/601 phone 970 995-8676 •.fax 970 945-2555 14 Inverness Drive East, Ste. D-136 Englewood, CO 80112 phone 303 925-0544 fax 303 925-0547 Grand Junction, CO 80501 phone 970 858-0933 • fax 970 858-0275 1111111 11111111111 11111 1111 111111 III 1111111111111 571154 10/20/2000 02:47P 01213 P491 r ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT WHITECLOUD RIDGE SUBDIVISION THIS AMEEDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT is made and effective this f day of Qcro p ee , 2000, by and between THOMAS W. LEVITT and MOLLY G. LEVITT ("Owner") and the BOARD OF COUNTY COMMISSIONERS of Garfield County, $ tale of Colorado ("Cou►nty"). The Owner and County arc parties to that certain Subdivision Improvements Agreement for Whitecloud Ridge Subdivision dated August le , 1997 ("Whitecloud Ridge SIA"). For and in consideration of the premises, the parties wish to amend the Whitecloud Ridge SIA as follows: 1. Paragraph 2 of the Whitecloud SIA is hereby amended to provide that Owner shall complete the construction and installation of all subdivision improvements required to be completed by the Whitecloud Ridge SIA no later than October 1, 2001. 2. Paragraph 3a of the Whitecloud Ridge SIA is hereby amended to provide that the letter of credit to be delivered to the County by the Owner as security for completion of subdivision improvements related to Whitecloud Ridge Subdivision shall be in the amount of $675,000.00. 3. Owner and the County further agree that the Exhibit attached hereto entitled "Engineer's Opinion of Probable Construction Costs for Whitecloud Ridge Subdivision Improvements Date: 8/11/00" is hereby substituted for and shall replace and supersede Exhibit B attached to the Whitecloud Ridge SIA. Except as expressly amended hereby, all terms and conditions of the Whitecloud Ridge SIA shall remain in full force and effect. Entered into the day and year first above written. : ;F#TTESt: CI' •tv.theBoard BOARD OF COUNTY COMMISSIONERS OF GARFIEL it a r NTY, STATE OF COLORADO [Owners' Signature on Following Page] 111111111111111111[1111111111111 111111 I1111111 Illi 1111 571134 10/26/2000 O2:47P B1213 P492 11 ALSOORF 2 of 3 R 0.00 0 0.00 GARFIELD COUNTY CO r`s/ nay 6)/Ze�� }/ Thomas W. Levitt cA97-,10,3100.evill, 9-2600 Litith 144e-ce. Molly G. f evitt Amendment to Subdivision Improvements Agreement Whitecloud Ridge Subdivision Thomas W. and Molly G. Levitt/Board of County Commissioners Page 2 of 2 AUG -14-00 MON 03;35 PM HIGH COUNTRY ENGINEERING FAX NO, 970 945 2555 P. 01 111111111111111111111111111111111111111101111111111111 571154 10/20/2000 02:47P B1213 P493 rK RLSEORE 3 of 3 R 0.00 D 0.00 GRRFIELD COUNTY CO ENGINEER'S OPINION OF PROWARL,1; CONSTRUCTION COST FOR WIiITECLODU RIDGE SUBDIVISION IMPROVEMENTS HCE JOB NO.: 95060.05 DATE:9/11/00 UNIT ' ITEM QUANTITY COST COST Mobilization ; grading 1 L.S. '12,000.00 42,000.00 Claus 3 ABC 3700 C.Y. 20.00 74,000.00 Clash 5 ADC 1400 C.Y. 25.00 35,000.00 10:" CMP 195 L.F. 27.00 5,265.00 18" Flared End 10 Each 200.00 2,000.00 Clash I Ground Sign 5 Each 250.00 1,250.00 8" 1)J0 Waterline 4175 L.F. 30.00 134,250.00 8" Water Valve 4 Each 850.00 3,400.00 2" Water Line 840 L.F. 15.00 12,600.00 Pump 1louse and Chlor. 1 L.S. 45,000.00 45,000.00 Fin: Hydrant Assembly 3 Each 3,000.00 9,000.00 1" Water Service 13 Each 1,200.00 15,600.00 P.iprap 10 C.Y. 30.00 300.00 Trm:t;••formex Vault Exc. 6 Each 500.00 3,000.00 4' Utility Trench 4200 L.F. 10.00 42,000.00 Conduit 5 Wcttn. Tope 4200 L.F, 1.50 6,300.00 Electric UtLlit.y 1 L.S. 50,000.00 50,000.00 Teleplt',no/Coble, Utility 1 L.S. 12,600.00 12,600.00 R'iavegnV,Sti011 1 L.S. 7,000.00 7,000.00 T,Llk rp»tireancon 1 L.S • 12, 000.00 12, 000.00 Water: Tonic (2001; gal) 1 L.S. 95,000.00 95,000.00 SUBTOTAL $607,565.00 Harmony Rd Improvement emhilicanion & Grading 1 L.S. 7,500.00 7,500.00 Class :i ALC 1050 C.Y. 20.00 21,000.00 Class L ABC 400 C.Y. 25.00 10,000.00 Chip and Seal 6425 S.Y. 4.50 28,912.50 SUBTOTAL $67,412.50 TOTAL 8674,977.50 NOTE There will also be additional costs associated with construction rtakinq, t:anstruction management, quality control, and testing. Thir opinion of probable construction cost was prepared for estimating purposes only. IIigh Country Engineering, Inc. cannot bo held responsible fnr variances from this estimate as actual costs may vary due to bid and market fluctuaticns. Post --it' Fax Note 7671 F_/.(11 /.5//% rra Norr' AI te-e7 F-7 Lay /r}/ x S-� ICaJ0 ri. Co. •' `