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Home My WebLink About1.0 ApplicationTABLE OF CONTENTS Mountain Shadow Place Subdivision Final PIat Amendment Lot 3 Section 1 General Application Materials Application Form and Fee Agreement to Pay Form Deed Statement of Authority Letter of Authorization MineralOwners Names of Owners 20Oft Radius Pre-Application Conference Summary Judgment and Decree Quieting Title Project Team Section 2: Plans Vicinity Map(s) Plat Section 3: Development Subdivision Improvement Agreement Cost Sharing Agreement [Codes, Covenants, Restrictions) GENERAL DESCRIPTION Approximately 60 years ago a surveying mistake was made leaving ao'gap" between the Western Hills Subdivision's western boundary and the remaining land to the west. Over the years all the land to the west was further divided and built upon except for TBD Mountain Shadows Drive (parcel #2119-343-00-006). This parcel laying directly to the west of the "gap" hid the discrepancy and was thus forgotten about/left undiscovered for decades. During the process to sub divide TBD Mountain Shadows Drive into what is now the Mountain Shadow Place Minor Subdivision (MSP) it became clear to Kate Schwerin and David Rasmussen that it is best to fix this discrepancy along Lot 3 and the access easement directly north of MSP through the Quiet Title Process. With both the Quiet Title and subdivision complete the last step is to incorporate the "gap" (Parcel A - see the Decree) into Lot 3. The Judgment and Decree Quieting Title is in the General Materials section at the end of the Pre-Application Summary. SECTION 1 Gurfield Count¡' Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 p7al94s-8212 www.sarfield-cou ntv.com ,:TYPE,OF,SÚBDru|SiON/ÊXEMP¡ONI 1,.' i r,'I E Minor Subdívision Major Subdivision E sketch r: pieiim¡náiv n Ê¡ Conservation Subdivision nal ment Public/County Road Split Exempti on on E vieto E sketch EI Preliminary E Final Rural Land Development Exemption Û Time Extension .INVOLVED'PARTIES owner¡nópdàni " Name:CMH Homes lnc dba Clavton Homes Contact: Shawn Ruse Phon e:l 970)245-9039 Mailing Address: 671 23 Rd, Grand Junction, CO 815o5 - City:State: _ Zip Code: E-mail: shawn.ru nhomes.com i Final Plat Amendment Representative (Authorization Requ ired) Name:Kate Schwerin & David Ra Phone:( 303 ) 250-3872 Mailing Address: 826 CO-133, Suite C,, Carbondale, CO 81623 City:State: _ Zip Code: E-mai kateschwerin@gmail, com PROJECT .NAME.AND'IOC¡TION Project Name: Mountain Shadow Place Final Plat Amendment Lot f3 Assessol's Parcel Number:Does not exist yet._See plat Rec# 903163 - Old parcel 2179 343 00 006 Physicaístreet Address: TBD Mountain Shadow Place, Glenwood Springs, CO 81601 Legal Description:DÕes not exist vet -nlat Recü 9O3163 Zone District:Residential Urban Property Size (acres):0.350 Ac +- RECEIVED l',lAR , 3 2018 GAR[', r :. ,itJNTY COM|'¡UÌ,, i \, i'.- . çLOPMENT Proiect Vacant LandExisting Use: Proposed Use {From Use Table 3-rK}3}:Household Living Multi-FamilY Mountain Shadow Place subdivision has recently been created with Description of Project: amendment to Lot 3 this will clear up a longstanding surveying mistake. ly Parking a4*. Land Use Type , # of Lots Single Fami Duplex Multi-Family Commercial lndustrial Open Space Other Section: Section: Section: Section: # of Units u.3bu +-1 Total .REQUEST Su bmission Requirements I fne Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Waiver of Standards El fne Applicant is requesting a Waiver of Standards per Section 4-1L8. List: Section Section Section: Section: I have read the statements above and have provided the required attached informatíon which is correct and accurate to the best of knowledge. &3ls/t8 of Propefi Owner Date OFFICIAL USE ONLY V?.L, FleNumbe*fPAÀ-!-Fee Paid: Guffield Coanty l, PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANÏ') Kate Schwerin and David Rasmussen agree as follows 1.The Applicant has submitted to the County an application for the following Project: FinalPhtAmendment for Lot 3 of the Mountain Shadow Place Sub-divsion 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. " 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of , consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay allfees related to this application: Billing Contact Person: Kate Schwerin Phone: ( 303 )250-3872 Billing Contact Address: 826 CO-1330 Suite C City Carbondale State: CO Zip Code: 81623 Billing Contact Email: kateschwerin@gmail.com Pri ame of Person Authorized to Sign Kate Schwerin 3/s/18 (Signature)(Date) Printed Name of Person Authorized to Sign: 3/s/t8 a (Signature) David Rasmussen (Date) 8t]8:Ì$lj 'ltl/ilrì;:ü17 ü9:09:2.14M Page 1 of 2 Je;.ln Alberico, Lì¿¡rf relcJ County, Coloraclo Re.c. free $18.110 Doc Fee: $1çì.75 eReCorcled l¡l INril iil IþnfiillättrltNilililåtfitl lVå*.rrirüty I'tlrd {}'nr:iuìunû :.ilt,.i.l{1" I I :, (;"}1,5.} Tllllì tllìIiD, mnde r¡n *rrotx¡. 05, !*l? by ì{rn$Tnn$SLût}ü \vtrLDt}¡ç, [¿C, ^ COLORADCI IJMIÏüD LfAtIL¡Tf CO:\{PAÌ{Y {;t*nror(s), of rix Ca¡nry of GÂIlFItrt-D åãd S1¡rE ûf Cû¡Og&¡g fnr the comidc¿don of ($ttrl,S00.00¡ r'r go. lluelrt{f Niôe4, S*ven ll¡nura¡<t Firc ll¡¡¡drcd and ot]/10{, p. c}:¡llars in hand paid, hrnby se"ìts ancl cntrveJ¡s tû CM}f HÛME$, INC-' A TT.f\"ì\¡ESffiE, CORPOR^TIfIN Granrrc(s), rr'tì(xe snrer a¡l*rss ii smo cUrYTriN Rf)ÂIt ¡vfÂRY14I-f,E' TN 378et' C-our¡ry af EL,ff.ff"{T, and SlarË ôf 'IlaNÌvFïi.SAtÌ! rhe {nllrnving ltill pffçerry in thr Carmry of $erfiol4 aod sraæ øf Colcrado, t' r*lt: 6SS AÏ.rÂcr;rÊn .IrXÞn$rT A. also Ì¡mrvn bv st¿rect ru:*i rnrnher:s;'re$ MÐLrfi:rÀrN sllÍAnûws tü"I.i¡s sl,sNt,vtx}D spaltvcs co aroûl wi*r all ici app.rterr*nce¡ ¡net wr¡r¡¡ts tha ¡ilþ m thê sãn¡*. ngbjecr to grxrøl mrel 8)r ùte yñr 2f.17 øtd tt*se &æific ñxcdpriÕnt dænled þ r"efrwuu lo r*cûrded dð<n:¡nût?üs as rrpøcæd in r}r 1Írfr Dq¡¿*¡¡¡s:¿s rxvçr:rl by Gmntw(s) tn aætrdsrce vtith Ræald fitþ Møt¿rs lsitfim S fl af rlx {ir¡¡x¡rt æ I}4y 6n/ Sfll R¿rr} Iiçrr¡r¿ reís*ng ltr $x oinne drsøli}r,d ræl pm¡nry; dlstr{lxttla* øllity essetrlørts, (¡rml¡¡drry caùle ñl; rfma:pec4f*iiþ dewrhod ri6r1x c{rt*rdparties mtsrtôìrtt by ú* ptÁ.lic rewrls { whfo;h Ctun@s) t¡m ce*,¡cl lina¡l*dge ct*J wlricÀ *,rre aæq¡ri*d þ Gronrer{rJ Ín orrr¡¡rl¡a¡c¿ wif}, C{FRr¿urd n ile $tnbe:* (kctian 8.3) orÅ Cwrwû &cpøp, rnti:in ûqy spccifl¡ ra dir:ric; tr¡d û¡¡¡cr NOt{Ë WëÌTnRNSt-(Jf'E \{Þ:.f}lNG, Lf .C, ¡l C{lt.r}r¡Ânf} LI}lfTEn LTf,BILTTI (:ÐmP^lIST XLLIIE ttYrîlERiIll"&¡{,ÀGER Swesf COLTT¿¡II'O Cær*3,of G.4.RtÏXLl> Tbc brepiog irmræen! w¡s ¡ckssrr¡ledged beiøe rae oa thir dry of Ûcrûbet 0$ eÛt7 by hfTKE KLUTX, TlåfNM.ll}{ÅflÀGER, WE,$TERN SLOPE lff?.f,T¡IWG, IJ,C, A f .Ilw¡TEI} fIATLITY COMFAI\TÍ Ìfy ærunirdoa erpi*l RSSECCÁ Bl-Al.¡CHAff0 NOTAf,Y PUBUC STATE OF CÛLOR.åDO ¡¿grÅtf lD 1ss?{o171 23 ¡ty CÕ¡Irnktr:rt €xflr?5 Jafiuãry 18, ?1121 fft thc- A Tr{v?{gssËß, c {}RPfraÅTrfJN 5*r{r gL&YTûiY ROÅD ITÍJTRYVILI.E, ?W 37aq¡t S*at¡ Doct¡¡re*r¿ãry F'ea flnre: fkrnher A5,2Ag 5 $.75 Fo¡t¡ !3C$d 3rat11 !.¡¿¡& Werla¡ãy Þctd(Pb*g*hk) GWKm11?s7 {¿t9034t1} F lã'dTkle rqre* -a7,1!úfi A TAACÎ OF LÄND snu.{TED IN TIIB SE 1/4 SW U4 SSCnON 34 îOW¡¡Srüp s sornï, E A.NGE 89 WEST OF THE 6n{F-rÌ'L D¿scRIsuD Às llEctNNlNc AT A PoIÌ{r ùtNcr rire w¡ixcdi ctinNsn FoR T}r¡, sorrr}r euARrÊR coRNERor s'AtÞ .ìECTI*N 34 BE$.R' S.65015'48'r¡sìÃ órsr¿Nc' OF r,1¡s.08s'pð.T.ÏHENCä s' 0't6'r'ÂsT ?¡\R/lLLr.L ro rin ws$ln¡e or snro sb r¡¿ iw v¿ ¡ DrsrANcß oF 22s.3$ FËËT;IgryçE s. c,s"ûs, \rÊsr Â D¡sr¡r,¡cs, ofsz.ôt FiúîIüIIE s. sc"?f,. w. A DrsrÂnc¡, o¡-.¡s.zs irr"{:-TT{ENCE S. 710.t2' \l¡ËsT A DISît¡¡ce orræ,2- r-r¡rr;TrrËNCA s. s¿oos w$-cT.û. ÐrsT¡,Nce ar si-qö iEElT'{SNCE N' s"0ü wr'sr *AR-ûI¿*'. m n's, vm*î uNE oF sÁID sË 1/4 sw 114 A ÐïsrÂNCE oF a6s-sr FEEÐTry,NCË N. n35'L.\sTÂ Usr¡¡rc¡, o¡, r¡0.æ rneT;TITENCE N.6s*?4'easr a nlsr¿ucr onã*.irïrrer rÐ Ti{f por{r oF EBG]NNrNç. rCIGgilTTRWIIl{,lN E'ISËfuíñT\:tORR.IGSTüFWÂYËOå,RüÂOWÂYPURPOSËsOVERANÐACROSSAÏRÀCTOFI¿}[D EIiINt 30 FHlr IN'wIIlrr{ alÐ srÑC :xar ¿htou¡ff NtBT}r ûr îrrË ÂBovE DE$cRIBED ïn¡.cr CIr t,t}¡Dlgflct{ EA.StrMENT oR Rrcnr c}rr \d¿r ilnrsinragD ,{5 FoLLows:B&GI}¡NING Àr A pollYr wnr¡¡cr r¡i¡ w¡r:vsslconr.ru& rorr:l&ìouîr quaRTRR coRNÊR op stclnoN 34TowNslfl? s sotnlt RANG-Ë æ wssr op r¡rl iì¡rr¡* pnrncrggr, MERmIAN riE¡ns s. 6sal6,¿s- tursr r,11a.üas FEET;ïIINCE 5. 66024' \{3'ST 24.&3 IEST:I*IçI !: rr.3y \.\¡Esr AD¡srÀNix or rsn"åÐ FEsï ïgryç! N.0qo6.wEsT'A DrsrÂNcE onm.n rarq IgryçE N r7€s'E.EST. A DISTÂ¡I{CE Or rZr.¿o p.Ear: IryryC8 N. 66%4, Ë ST, Â DTSÏ¡LNCE OF 34.14 FEET; T1TENCE S. ST6' EAST, .,T DT$f,J\ITCE O! 3¿71 FEET TO A POINÏ Or BEGII{NTNG. 8s8298 1 0106/20'17 09.09.24 AM page 2 of 2 Jean Ali:erico, Garfield Couniy, ColoracJo Rec Fee $18.00 Doc Fee: $19.7S eRecorded NXHIBrI Â COT¡NTY OF GAX.FIELD sT/tTE OF Cüi¡R ])o Fc¡rl3@{ 9tæi1 Ë¿o¿ ws¡t.qyDrcd(phsrpg$ryuc) Glfg}*ll?g? {t8eo?¡ttt] o G${U-UOì/IES'-tr{G ' WRITIEN CORPONATE CONSE¡ÌT Be it known that Danny Warrick, President of CMH Homes, Inc., having beeo duly authorized and empowered by the Board of Directors does hereby designate that Shawn Ruse, Manager of CMH Homes, fnc. pn¡. Cla¡on Homes #1037 is authorized and empowered to sign documents related to transactions of the certain real estate located at TBD Mountain Shadows Drive, Glenwood Springs, CO 81601, The manager is not authorized to enter into any Guarantee Agreement or any other conha¡t that would require CMH Homes 1nc. to assume responsibility for any loan balances or payments owe.d by a consumÊr if they default on their home loan with thei¡ lender. I certify that I am the duly qualified President of the aforesaid Corporation and that I am authorízed to designation. 2017 Danny President TENNESSEE COUNTY OF BLOUNT The 9û day of October 2017 penonally cnme before me, Celena \ililson, a Notary Public for the said County and State, Danny rüanick who, being by me duly sworn, says that he is President of CMH Homes, Inc., a corporatión, and that said writing wai signed aná sealed by him in behalf of said corporation by its authority duly given. \ly'itness my hand and official seal, thís the 9rh '0i'ö.^-r t,, W tL My commission erpires: Apríl 22, 20t9 il this 9'h 50O0 Clayton Road Maryville, Tennessee 37804a www.clay.tonhomes.com . 865.380.3O00 c Fax 865.380.3784 F Landïitld PREVENT FRAIJD - Please remember to call a member of our closing team when initiating awire transfer or providing wiring instructions. Land Title Guarantee ComPanY Customer Distribution çUåil¡II-Ëf Ë'HPÂNI -*iiuce 4f);7 *- Our Order Number: GW63011767-5 Date: L0-06-2017 Property Address: TBD MOUNTA¡N SHADOWS DRIVE, GLENWOOD SPRINGS' CO 81601 For Clos¡ng Assistance Becþ Blanchard 9O]. GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 800-318-8206 (fax) bblanchard@ltgc.com Company License: CO44565 Contact License: CO30323 closer's Assistant MaryWh¡tworth 901" GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 97O-945-26LO (phone) 800-318-8206 (fax) mwhitworth@ltgc.com For T¡tle Assistance TITLE DEPARTMENT 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) glenwoodresponse@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR W|RE TRANSFER INSTRUCTIONS Buyer/Borrower DAVID SCOTT RASMUSSEN Delivered via: Electronic Mail SellerlOwner WESTERN SLOPE WELDING LLC Delivered via: Delivered by Realtor Agent for Seller COLDWELL BANKER MASON MORSE REAL ESTATE Attent¡on: ERIN BASSETT 161"4 GRAND AVE #A GLENWOOD SPRINGS, CO 81601 970-309-3319 (phone) 970-928-9000 (work) ebassett@masonmorse.com Delivered via: Undetermined Agent for Buyer BOWDEN PROPERTIES Attention: HOLLY BUELL 625 E MAIN ST ],02 A ASPEN, CO 81611 970-544-2000 (work) hollymbuell@ gmail.com Del¡vered via: Electronic Mail BuyerrBorrower CLAYTON HOMES Attention: SHAWN RUSE/DAVID MAHOVSKY 5OOO CLAYTON RD MARWILLE, TN 37804 shawn.ruse@claytonhomes.com,david.mahovsky@claytonhomes'com Delivered via: Electronic Mail ïtH ÛUA¡.A¡¡TCË g'IIIPANY *-.Tr'rrrd rrtfi¡-* Land Title Guarantee ComPanY Estimate of Title Fees Order Number: GW6301L767-5 Date: LO-O6-2OI7 PropertyAddress: TBD MOUNTAIN SHADOWS DRIVE, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: CMH HOMES, lNC., ATENNESSEE CORPORATION Seller: WESTERN SLOPE WELDING, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices Est¡mate of Title lnsurance Fees ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Standard Exception(s) $26.00Tax Certificate $464.00 $6s.00 lf Land Title Guarantee ComPany will be closing this transaction, the fees listed above will be collected at closing $ss5.00Total THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63011767-5 Customer Ref-Loan No,: Property Address: TBD MOUNTAIN SHADOWS DRIVE, GLENWOOD SPRINGS' CO 8]-601 1. Effective Date: 09-26-2017 At 5:00 P.M. 2. Policy to be lssued and Proposed lnsured: "ALTA" Owner's PolicY 06-L7-06 Proposed lnsured: CMH HOMES. INC.. ATENNESSEE CORPORATION $197,500.00 3. The estate or interest in the land described or referred to ¡n th¡s Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: WESTERN SLOPE WELDING, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this commitment is described as follows: ATRACT OF LAND SITUATED IN THE SELI4 SW ]-/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6TH P.M, DESCRIBED AS BEGINNING ATA POINT WHENCE THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SAID SECTION 34 BEARS S. 65'15'46" EASTA DISTANCE OF 1,118.085 FEET; THENCE S. 0"06' EAST PARALLEL TO THE WEST LINE OF SAID SE 1/4 SW 1/4 A DISTANCE OF 225'39 FEET; THENCE S. 65'05'WEST A DISTANCE OF 37.07 FEET; THENCE S. 55'23'W. A DISTANCE OF 45.75 FEEÏ THENCE 5.7T"42' WESTA DISTANCE OF 49'72FÊEÎ; THENCE S. 54"08'WESTA DISTANCE OF 37.98 FEEÏ THENCE N. 0"06'WEST PARALLEL TO THE WEST LINE OF SAID SE 1/4 SW 1/4 A DISTANCE OF 265.91 FEEÏ THENCE N. 77'35' EAST A DISTANCE OF 130.89 FEET; THENCE N. 66'24' EASTA DISTANCE OF 24.03 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT OR RIGHT OF WAY FOR ROADWAY PURPOSES OVER AND ACROSS A TRACT OF LAND BEING 30 FEET IN WIDTH AND BEING THATAMOUNT NORTH OF THEABOVE DESCRIBED TRACT OF LAND WHICH EASEMENT OR RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING ATA POINT WHENCE THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS S' 65'15'46" EAST l-,1-18.085 FEEÏ THENCE S. 66'24'WEST 24.03FEE-I; THENCE S. 77'35'WEST, A DISTANCE OF 1-30.89 FEET; THENCE N. 0'06'WEST, A DISTANCE OF 30.71. FEEÏ THENCE N. 77"35' EAST, A DISTANCE OF T2L'4O FEET; THENCE N. 66'24'EAST, A DISTANCE OF 34.14 FEET; THENCE S. 0"06' EAST, A DISTANCE OF 32.7L FEET TO A POINT OF BEGINNING. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: GW63011767-5 Customer Ref-Loan No.: COUNTY OF GARFIELD STATE OF COLORADO copyright 2006-2017 American Land Title Association. AII Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Aìl other uses are prohibited. Reprinted under ìicense from the American Land Title Association. - AM!RICÀN i.1ì'?1*{:: * AUTA COMMITMENT Old Republic National Title lnsurance Company Schedule B-1 (Requirements) Order Number: GW63011767-5 The following are the requirements to be complied with: payment to or for the account of the grantora or mortgagors of the full consideration for the estate or ¡nterest to be ¡nsured, proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. (trEM INTENTIONALLY DELETED) 2. WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR WESTERN SLOPE WELDING, LLC, ACOLORADO LIMITED LIABILITY COMPANY STATING UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY AND THE NAME AND pOStTtON OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISEAFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF WESTERN SLOPE WELDING, LLC, ACOLORADO LIMITED LIABILITY COMPANYASA LIMITED LIABILITY COMPANY. NOTE:ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 38-30-772, C.R.S. AND BE RECORDED WITH THE CLERKAND RECORDER. 3. WARRANTY DEED FROM WESTERN SLOPE WELDING, LLC, ACOLORADO LIMITED LIABILITY COMPANYTO CMH HOMES, INC., ATENNESSEE CORPORATION CONVEYING SUBJECT PROPERTY. REQUTREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS lN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED, ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS'TAXES AND ASSESSMENTS' EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS. Old Republic National T¡tle lnsurance Company Schedule B-2 (Exceptions) Order Number: GW63011767-5 The policy or policies to be issued will contain except¡ons to the following unless the same are disposed of to the satisfaction of the ComPanYl L. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained úy rn ¡nrpection of the Land or that may be asserted by persons in possession of the Land. Z. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for seruices, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any' created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the þroposed insured acquireã of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any tax¡ng authority ihat lev¡es taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown ny tne records of such agency or by the Public Records. Z. (a) Unpatented m¡n¡ng claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or t¡tle to water' 8. RIGHT OF THE PROPRIETOR OF AVEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 181892 UNDER RECEPTION NO.14164. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE' BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY BASED UPON RACE, COLOR, RELIGION' SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY HANDICAq NATTONAL ORtctN, ANCESTRy OR SOURCE OF INCOME, AS SET FORTH lN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED ByAppLtcABLE LAW AS CONTATNED lN INSTRUMENT RECORDED SEPTEMBER 07, 1960, lN BOOK 329 AT PAGE 558. 1-0. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED AUGUST 02,2017 AT RECEPTION NO.895705. 1.].. MATTERS DISCLOSED ON MAPS ISSUED BY SOPRIS ENGINEERING, LLC. ( SAID INSTRUMENT IS REFERENCED AS ESt 32499272) Land ïitle JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY I å:¡I'ttìtt I t {'lrufir¡I .- \i¡t¡E ¡t!t: - This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title' LLC, as agents foi t-and Title insurance Corporation and Old Republic National Title lnsurancc Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. lnformatioñ secur¡ty is one of our highest priorities, We recognize that maintaining your trust and óonfidénce is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal lnformation"). ln the course of our business, we may collect Personal lnformation about you from: > applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system ; > your transactions with, or from the services being performed by, us, our affiliates, or others; > a consumer reporting agency, if such information is provided to us in connection with your transaction: and > the public records maintained by governmental entities that we either obtain directly from those ent¡ties, or from our affi liates and non-aff iliates. our policies regarding the protection of the confidentiality and security of your Personal lnformation are as follows: > we restrict a.""rs to all personal lnformation a-bout you to those employees who need to know that information in order to provide products and services to you. > We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal lnformation from unauthorized access or intrusion' > Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. > We regularly access security standards and procedures to protect against unauthorized access to Personal lnformation. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PIJRPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal lnformation may be disclosed. We mäy disclose youi Personal lnformation when you direct or give us permission; when we are required by law to do so, for éxample, if we are served a subpoena; or when we suspect fraudulent or c¡min4 activities. we aiso may di'sclose your Personal lnformation when otherwise permitted by applicable privacy laws such as, tor examþle, when óisclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. our policy regarding d¡spute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy' or tne Ër"ai¡ t¡äreot, inai be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. tr and TTtle' LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS6t-r¡f*¡¡T$t ËsðlP*RY -'- ${¡1¡s rl}ív *- Note: Pursuant to CRS LO-LL-L2a, notice is hereby given that: A)TheSubjectrealpropertymaybelocatedinaspecialtaxìngdistrict' B) A cert¡ficate ot taiås'ou" l¡sting each taxing juriidiction will -be obtained from the county treasttrer of the county ¡n which the real property is located or that couñty treasureis authorized agent unless the proposed insured provides written instructions to the ðonìt"ry. (for an Ownefs eolicytlïtle lnsurance pertaining to a_sale. of residential real property) C) The infórmation r"làrOing ,puóid dirtrictr and the boundaries of such districts may be obtained from the Board of county Commissioners, the county Clerk and Recorder, or the county Assessor. Note: Effective september 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recordefs office shall contain u top r"rgin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does noiconform, except thâ, the requirement for the top marg¡n shall not apply to documents úsing forms on which rpa.é ir provided for recording or filing information at the top margin of the document' Note: colorado Division of lnsurance Regulations B-1-2 requires that "Every title entity shall be respo-nsible for all matters which appear of record prior to the time ot r".ãro¡ng *hen"ever the title entity conducts the closing and is responsible for recording or filing of legal , . documents resulting from the tranúction which was closeú'. provided that Land ritle Guarantee company conducts the closing of the insured transact¡on ano is iespons-iule ior recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued' Note: Affirmative mechanic's lien protection for the owner may be availat¡le (typically by deletion of Exception no. 4 of schcdule B-2 of the Comm¡tment from the Ownefs eoticy to be issued) upon compliance with the following conditions: A) The land described in schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit' B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months' c) The company must receive an appropriate affidavit indemnifying the company against unJiled mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium' ¡- L^ -..-^L^-^r...i+L¡- ^:., m^ñ+r.r. E) lf there has been construction, improvements'or major räpairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction info;rnail;; iin"n"¡ut information as to the seller, the 6uilder and or the contractor; payment of the appropriate premium fully executed indemnity Agreements sat¡sfactory to the company, and, any additional requirements as may be necesrary aiter an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS IO-I7-I23, notice is hereby given: This notice appl¡es to owner,s policy commitments disclosing that a m¡neral estate has been severed from the surface estate' ¡n schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there ¡s a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energY in the ProPefi; and B) rhatách r¡ti"rjãüåtu may include the right to enter and use the property w¡thout the surface ownefs permission' Note: pursuant to cRS l-0-l--128(6xa), lt is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpoèáàíoetrauoing or attemptindó'defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil oamåges. Any insurance ðompany ór ag:ent of an insurance company who knowingly provides false, incomplete, or misleading facts or ¡ntormJi"on1g a policyholder or c'laimant fo-r the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to u."ttlãr"nt'or award payable from insurance proceeds shall be reported to the colorado Division of lnsurance within the Department of Regulatory Agencies. Note: pursuant to Colorado Division of lnsurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connect¡on with this transaction' s t + Commitment to lnsure + ALTA commitment'2006 Rev. f}! * oLD REpuBLtc NATIoNAL nrLE INSURANcE coMPANY a Minnesota corporation, (company) for avaluable{ \#{ Consideration, commits to ¡ssue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed [ Ü + lnslrrecl named in Schedule A, as owneior rortgagee of the estate or interest in the land described or referred to in schedule A' + - upon puyment of thc premiums and charges anJ cómpliance with the requirements; all subject 1o the provisions of Schedule A ¿ Í ahO e año to the condit¡ons of this commitment.t + + This Commitment shall be effective only when the identity of the Proposed lnsured and the amount of the policy or policies committed for have been inserted in Schedule A by the company. ¡ll l¡á¡¡t¡ty anO obligation under this commitment shall cease and terminate six months after the Effective Date or when tn" poti.y or policies cómmitted for sñall issue, whichever first occurs, provided that the fa¡lure to issue such policy or policies is not the fault of the ComPanY. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, tl'ust deed, or other security instrument. ã. f tñ. broposediniured has or acquires actual knowledge of any defecì, l¡en, encumbrance, adverse claim or other matter affecting the estate or interest or mongage Ìhereon coveied by this commitment othei than those shown in schedule B hereof, and shall fail to disclose such knowledqe to Company in writing, the Company shalibe relieved from l¡ability for any loss or damage resulting from any act of reliance hereon to the e)dent the comþany is prejud-iäedby faiirr"io so disclose such knowledgl. tf the proposed lnsured shall disclose such knovvledge to the company, or ¡f the comþany otnemv¡se ãcqí¡res actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the company at its option may amend S-chedule e oiihis comm¡tment accoidingly, but such amendment shall not relieve the Company from liability previously incuned pursuant to paragraph 3 of these Conditions and Stipulat¡ons. 3. Liability of tn" corp"ñy rñOer this Commitment shall be only to the named proposed lnsured and such parties included under the defin¡tion of lnsured in tne torm ãipälicy or polic¡es committed for and oniy for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereôf oi (b¡ to eliminate exceptions shown in Schedule B, or (c) to acquire ol create the estate or interest or mortgage thereon covered by this commitment. ln n'o event shall such liability exceed the amount stated in schedule Afor the policy or policies committed for and such liability is;ubject to the insur¡ng provisions and the condiùóns and St¡pulations and Ìhe Exclusions from coverage of the form of policy or polic¡es comm¡tted for in favor of the prãposeO lnsured which are hereby incorporated by reference and are made a part of this Comm¡tmenl except as expressly modified herein.4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a fepon of the condition of tìtle. Any action or actions or rights oi action that the proposed lnsured may have or may bring aga¡nst the company aÍising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and afe sublect to the provisions of this cullllllitlìlellt. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of lnsurance is $2,000,000 or less shall be arbitrated at the option of e¡ther the company of the lnsured as the exclusive remedy of lhe parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXGEPTIONS ln addition to the matters conlained in the conditions and stipulations and Exclusions from coverage above referred to, this commitment is also subject to the following:1. Rights or claims of parties in possession not shown by the Public Records' 2. Etsements, or claims of easements, not shown bythe Publ¡c Records' 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct suruey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or r¡ght to a lien, for servicés, labor or material lheretofore or hereafter furnished, imposed by law and not shown by the Public Records. . 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date here;f nut prior io tne date the proposed insured acquíres of record for value the estate or interest or mortgage thereon covered by this Commitment. lN WITNESS WHEREOF, Old Republic Nalional ïÎle lnsurance company has caused its'cofporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating off¡cer or other authorized s¡gnatory. lssued by: Land Ïtle Guarantee ComPanY 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 \ t €ã:\^)¿K'*\¿ t -?' John E. Fleyer, Jr President ..$jÏ?* if1 q ifr':'4i:,;,Å"lr:t Old Republic National Title lnsurance Company a Stock Company 400 Second Avenue South M¡nneapol¡s, Minnesota 55401 (6L2)37I-1',t11 tZ,r-^, P.es¡dent I AMTRICAN LAN D TITLT ASSOC IATI ON €!t+' il Gørfield Courtty Purs nt to C.R.S. S38-30-172, STATEMENT OF AUTHCIRITV the undersigned executes th¡s Statement of Authority on behalf of-ft (corporation, limitedâ liability company,lp,registered limited liablllty pårtnership, registered limited llablllty llmited partnership, limited partnership association, government ðgËncy, trust or other), an entity other than an indlvidual, capable of holdlng title to real property {the "Entlty''), and states as follows: The name of the Entlty is and ls formed under the laws of The mailing address forthe Ent¡ty is The name andlo¡ posltlon ofthe person authori¿ed to execute conveying,or othen¡rlse affecting t¡tle to real property on behalf of the Ent¡ty ¡s t^uiüf)I The llmitations upon the authority of the person named above or to hind the Entlty are as follows (if no limitstlons, insert "None"):Å"S,:"t described above other matters concerning the manner ln which the Entity deals with any interest in real property are (if no other matter, leave thls section blank): - - - - day of Ðcl o*e¡2013-. S¡gnature: Name (prlnted): Title (¡f any): STATE OF *fr,n*gtçgg*r COUNTY OF ßl v lss. The foregolng lnstrument was before me this ${S day of 2011 by an behalf of ,-.$$rrîg =ai-sx+ïñi..'T$ %g,#iN W¡tness my hand and officialspal. r - My comrnisston explres: -T JE t€ j ãqA i (Datel Public) D this lsEArl LEfiER OF AUTHORIZATION CMH Homes lnc d/h/a Clayton Homes 671 23 Rd, Grand Junction, CO 81505 February 20,2018 David Pesnichak Garfield County Community Development Department 1oB Bth st Suite 401 Glenwood Springs, CO 81601 To Garfield County and the City of Glenwood Springs, l, Shawn Fluse, as the manager of CMH Homes lnc. b/d/a Clayton Homes #1037 am authorized and empowered to authorize Kate Schwerin and/or David Rasmussen to submit, amend or speak on behalf any/all procedures necessary to obtain an Amended Final Plat on the property known as: Lot 3 of Mountain Shadow Place Subdivision. Glenwood Springs C_O. Rec#903163. It is understosd that Kate Schwerin and/or David Rasmussen will be solely responsible for any costs that will be incurred with the submission process including surveys, engineering, plat revisions/recording etc. Building permits, taps, construction, and SIA costs to be handled and paid by CMH Homes. Signed: Shawn Ruse Signed: Kate Schwerin Signature: Date:elslff Signature: Date: y3nl Signed: Da Rasmussen Signature: Date: 3/3/18 MINERAL RIGHTS SEARCH L. The current deed is a Special Warranty Deed. There is no reservation of mineral interests on the deed. 2. On the title insurance policy there is an exception listed, Schedule B-Z #8. The document referenced is a Patent Deed for the original larger land granted to Silas W Nott back in 1892 (see next page). It mentions all rights to the land including mineral rights belong to him. Land Title, when researching the Chain of Ownership for the subject property (parcel relating to this submission), went all the way back to patent and confirmed they did not find any deeds in the county records which show the mineral rights had ever been severed from the property, see email two pages after this one. 3. The coordinator listed in the Project Team in Section t has checked with the Assessor's office as well. The mineral clerk said there are no active mineral accounts for the subject property. 4. Aside from the title company doing searching the county records, the legal description has been searched separately by the coordinator listed on the Project Team on page in Section 1-. No mineral interest documents were found. 5. No Notice of Mineral Estate Ownership was filed for the subject property with the Garfield County Clerk and Recorder, 6. The only deed listed with mineral interest rights was on the patent deed on the next page, and called out on the title insurance policy. The title company confirmed that no subsequent deeds were found showing the mineral rights had ever been severed from the patent deed, see email from Christie Blackard of Land Title two pages after this one. 7 . When the name of the mineral interest owner from the patent deed as the Grantor in the Clerk and Recorder's computer was entered to see if the mineral interest was transferred, no transfers were found. 8. Please see above numbers 1,-7 for the search process taken for this application. In addition a landman, in his unofficial opinion without having done specific research, said it was unlikely there would be mineral interests for the subject properties area because it is "on the wrong side of the hogback". MINERAL RIGHTS cont. Patent Deed TTz K UNITKn gryÄrHË oF aMmnIÜAf E'o atÍ fo lmhcs* theeo Fsesepte o&**l oome¡ &8&Þã18S6¡ øf tke An#or|' Stdtos d, Üætifraølè of th'e \løgtúor of úha I'ønil Ofiae oü mærd,lrtg to úhs Woalstûfte îtf ót.o ,/l¡i of ConÉresy of tha ø$th of lprttr' 1890, lrti t- Cs¡t{.û.oats 1:{o.î,q î thø,t paymant bøs bean tnød,a by l'ïto s6¿¿l ù,úteønd,of tlø Putl,to thø,ato¡ tt, sa,ld, ltwt :t¿bovo ãoco'¡¿þad,: îo Hale and tO !\old lho sarnø, to!øtker wíU¿ atl &ûd o,s$tâ?,t fot,a1l¿or; wfrJoct to o,il,ll uêstacl, and, a¡waod uetar ,'ights Íot'w¿ftínÊ; øÊ'r't' $4¡,ttú'¡ü¿, tttctreufaohu,rl,ng Or otlaø, pwtpotao, ttnd ¡lgt¿!,,s tO tl,ìtal¿as ønd, tæopolr:i wsed ìst. øowo&otb ttJttb $tah w(du/ rl{!¿ûs at$ .md,lJ.ba røoogntnod" øn& øø'ttztotutratl,god, by tltø loaall, ct+sôotns, I'tawç ø-¡tß, ct'ealsìÓne of ØwrÚe, ønd' (rl,so tt¿þfasê lo tln rr,glti of tlw prop'ìoto| of ø aobt dt locla to Gntt'dot &nd, t'ønova ltit orø tløat'ef't'otm, thoul'd' tkb ¿rntå tha;Éøa't'of ülLô &onaral &at¿û, Ofr,æ to tø h,arawnûo o;!þàd, Oflîø bY tltø t'l¿at'øwttio bøl'orùgín{, wt¿to t1ìø saìd' Of tkè.gandfûl f,anA q¡,ae. ft'ttøct fot, Iteooid' nlcBr Xfsltsr Wq nhaí ût¿á lÍt¿¿tøû, ¡'t¡t't¿s of titnoúoa',tn oonsídcro'tíon of th'6 ptøftti8o6, ønd ìn aonfonnifut \tn'vay of ül¿ø $,1d, Ioq¿Á** pwralaøsad, Iai¿d,s, @Àva* I¿t¿n¡,7¡od, at& ¿tll tlùs h,@a øøzæed, tltsçe 'l,attèrS to bo møttrø úna¿r w luand, cri ù\,âl1inu of lhÃ rti tbtû, prfu,U'4d]as, l¡nmnmìtl¿e and, tutlh llaa sovædl, ¿late ol Cor$nøæ lat {¡o,ntal, a,s pt'auld,ød' Iry I'aw.wn¿a Itø fauntl, ío pømolruto.o¡' of üo hitoû $trtN olinüûcs,S* {Sçnt*aaonlr w¡lexcofr Std,tas th6 or¿e ¡roaortl{¿& to U¡o OfJl'alq'|, Ïla'ù af tho Swwoyat, 6ewral', wlul,olt søíd Llaaö do í¿aø furltTlgM,nt wnio úl¿o ond to--Ìúàa[*no¡,rs, ßIt 'rfr.Iü 1; MINERAL RIGHTS cont. f-Ï Gma*ff Email from Title Company Kate Schwerin <kateschwerin@gmail.com> Re: Tax Certificate (TBD MOUNTAIN SHADOWS DRlvExbuyer/owner RASMUSSEN) (our 630117671 1 message Ghristie Blackard <cblackard@ltgc.com> To: Kate Schwerin <kateschwerin@gmail.com> Tue, Apr 11,2017 at 3:50 PM ow. Eric McOafferty Compass Mountain Land Use, LLC P.O. Box 86 Glenwood Springs, CO 81602 970.618.0S37 eric@compassniountai¡r. net We Have Moved - our office is now at: gof GRANN AVË #202, **CORNËR OF gTH ANÐ GRA¡*N- BANK SF CütCIRAÐO BUILDING- 2ND FLOOR ** Ghristie Blackard Title Officer Colorado Title License #189229 Land Title Guarantee Company 901 Grand Ave, Suite 202 Glenwood Springs, CO 81601 Office: S70-S45-2610 www.ltgc.conr Kate, Yes, we did not find Landlitle F ffi deeds severi mineral hts.I know of that does mineral rights searches is ied to you before. When you and I spoke last week you said there mean searched the clerk & recorder records for mineral and nothin was recorded?wante to o anyone owns WOU go I already checked with the assessors, hope you're having a good day, thanks, kate. {ilÌ{t*Rgft[ t]lsP¡s J\H.NTV*i$TSÀ*Y i. On Tue, Apr 11 , 2017 al2:29 PM, Kate Schwerin <kat*sclrw*rirt@gmail.com> wrote: HiChristie, Thanks for these by the way - not sure if were no mineral rights recorded with the interest back to the time of they had nothinq listed. finding that out? ls that a different type of title search?? Garfield County Land Explorer Parcel Physical Address Accou*t Num Mailing AddressOwner 21 1 934300003 21 r 934300005 2r'r934300006 21 1 934300007 2r 1 934300008 2r 1 934300009 2'r 1934300014 21 1 934300031 21 1 934300032 21 1 934301 001 21 1 934301 002 21 1 934301 003 Not available GLENWOOD SPRINGS 425 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS Not available GLENWOOD SPRINGS 241 130 COUNTY RD GLENWOOD SPRINGS 237 1 30 COUNTY RD GLENWOOD SPRINGS 229 13O COUNTY RD GLENWOOD SPRINGS Not available GLENWOOD SPRINGS 2 r 5 '130 coUNTY RD GLENWOOD SPRINGS .I30 COUNTY RD GLENWOOD SPRINGS 1 1 PONDEROSA DR GLENWOOD SPRINGS 23 PONDEROSA DR GLENWOOD SPRINGS 3I PONDEROSA DR GLENWOOD SPRINGS EHLERS, JEFFREY H & STACY R STARB, ROBYN S 751 DRY PARK RD GLENWOOD SPRTNGS, CO 81601 0425 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81 601 SOOO CLAYTON ROAD MARYVILLE, TN 37804 1205 SW WESTER DRIVE LAKE crrY, FL 32024 PO BOX 2693 GLENWOOD SPRtNGS, CO 81602-2693 0755 COUNTY ROAD 261 SILT, co 8'r6s2 751 DRY PARK ROAD GLENWOOD SPRINGS, CO 8I60'I PO BOX'I072 GLENWOOD SPRtNGS, CO 81602-1072 PO BOX 1072 GLENWOOD SPRtNGS, CO 81602-1072 547 WAGON WHEEL NEW CASTLE, CO 81 647 292 SUMMIT DRIVE CARBONDALE, CO 81 623 31 PONDEROSA DRIVE GLENWOOD SPRINGS, CO 81601-2632 5I PONDEROSA DRIVE GLENWOOD SPRINGS, CO 8r 601 -2632 59 PONDEROSA DRIVE GLENWOOD SPRINGS, CO 8160I 366 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81601 388 MOUNTAIN SHADOW DRIVE GLENWOOD SPRINGS, CO 81601 PO BOX 787 GLENWOOD SPRINGS, CO 81602 353 MOUNTAIN SHADOW DRIVE GLENWOOD SPRINGS, CO 81 601-2620 1212 COOPER AVE GLENWOOD SPRINGS, CO 81 601 R020294 R020085 CMH HOMES INC R020060 THOMAS, PAUL E RO2OO49 DORMAN, MARILYN L RO2OI94 TITORE WAY PARTNERSHIP, LLLP EHLERS, JEFFREY H & STACY R VIDAKOVICH, BEATRICE VIOLA VIDAKOVICH, MICHAEL A YELLICO, SUSAN K R020214 R020206 R0't0'r70 R01 01 7t R020363 COOMBS, LOURDES P RO2O262 211934301004 51 PONDEROSA DR GLENWOOD SPRINGS KINSER, MICHAEL R RO2OO94 GRAY, RONALD D & MARGARET K ZUBA, TESIA E & FULTON, RYAN M KUCEBA, JAMES L & NICHOLS, LORRA R020'r07 R02007921 1 934301 005 2 r 'r934301009 21 1 934301 0t 0 2t 1 93431 0001 21 1 93431 0002 2r1934316001 211934316002 21 't934316003 59 PONDEROSA DR GLENWOOD SPRINGS 366 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 388 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 377 MOUNTAIN SHADOW DR GLENWOOD SPRINGS 353 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 449 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 451 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 453 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS KUCERA, JAMES L & NICHOLS, LORRA L KUCERA, JAMES L & NICHOLS, LORRA L 366 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81 601 366 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81 601 R020'r36 WESTERN SLOPE WELDING LLC R020071 TOWEY, THOMAS J & POLLY S R020357 CUTRIGHT,JENNIFER RO2O145 & DON OGLESBY, KSANA KYD RO2O235 & MANSEL B R020 1 38 R0201 68 Parcel Physical Address Account Num Mailing AddressOwner 21 1 93431 6004 21 1 93431 6005 21 1 93431 6006 21 1 93431 6007 21 1 93431 6008 21 r 93431 7001 211934317002 2',r 1934317003 211934317004 21 19343'r7005 21 1 93431 7006 21 1 93431 8002 21 1 93431 8003 211934319022 ROW ROW ROW ROW ROW 457 MOUNTAIN SHADOWS DR GLENWOOD SPRING.S 461 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 459 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 455 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS Not available GLENWOOD SPRINGS 464 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 466 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 468 MOUNTAIN SHADOW DR GLENWOOD SPRINGS 471 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 473 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 475 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS Not available GLENWOOD SPRINGS 472 MOUNTAIN SHADOWS DR GLENWOOD SPRINGS 48 CREEKSIDE CT GLENWOOD SPRINGS Not available null Not available null Not available null Not available null Not available null KLEIN, BERTA J JEPSEN, NIELS R & JOY S PO BOX 553 GLENWOOD SPRTNGS, CO 81602-0553 461 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81601-2622 459 MOUNTAIN SHADOW DRIVE GLENWOOD SPRINGS, CO 81601 TURNER, ANDREA HIRE, ADRIANA HUGHES, KULIN & KLÊIN & WITZ, JEANNIE G & EUGENE J ORTIZ, MARINA RA20277 HIRE, ADRIANA R020300 R020 t 63 R020322 R0201 35 R020160 'r645 LTNCoLNWOOD DRTVE GLENWOOD SPRINGS, CO 81601 R02031 I PO BOX 553 GLENWOOD SPRINGS, CO 8I602 0464 MOUNTAIN SHADOW DRIVE GLENWOOD SPRINGS, c0 8160't 466 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 8r601 1645 LINCOLNWOOD DR GLENWOOD SPRINGS, CO 8160'I R020147 LUBCHENCO, RUTH E RO2O295 SNEARLY, DALE B & DOROTHY D R02029r WILSON, LYNN A R020069 EHLERS,JEFFREY H & RO2O2O4 STACY R BURLEIGH, SUSAN L RO2O1 'I6 3702 MOUNTAIN DRIVE GLENWOOD SPRINGS, CO 81 601-4587 473 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 8r601 475 MOUNTAIN SHADOWS DRIVE GLENWOOD SPRINGS, co 81601-2622 751 DRY PARK ROAD GLENWOOD SPRINGS, CO 81601 2683 G ROAD GRAND JUNCTION, CO 81506 21 1934319023 Not available GLËNWOOD SPRINGS FULLER, SALLY M & ROBERT N MITCHELL CREEK HOMEOWNERS ASSOC 48 CREEKSIDE COURT GLENWOOD SPRINGS, CO 81601-2542 123 CREEKSIDE COURT GLENWOOD SPRINGS, CO 81 601-2543 R020465 R020466 Gø"rfield County Community Development Departnent 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970\943-8212 www :gs rfiQld:,eflu,StY.q{}ill TAX PARCEL NUMBER: 211934300006 (Mountain Sh DATE: February 21,2018 PROJECT: Mountain Shadow Place Minor Subdivision OWNERS/APPLICANT: CMH HOMES INC REPRESENTATIVE: David Rasmussen PRACTICAL LOCATION: TBD West Glenwood Springs ZONING: Residential Urban adow Place Minor Subdivision) TYPE OF APPLICATION:Administrative Review - Amended Final Plat I. GENERAL PROJECT DESCRIPTION The Applicant is requesting an Amended Plat to adjust the lot lines between the existing Lot 3 of thäMountain Si"raoowÞlace Minor Subdivision (Reception Number 903163) recorded in 211g.The Amendment is to add "6.94' Gap Between Mountain Shadow Sub. And Western Hills Sub." This ,gap' is understood to have been created by a surveying error. Lot 3 and the ,gap' are both ideniified as being zoned Residential Urban. The amendment would shift the ñrop"rtv line between the two pãrcels, resulting in an increase in the size of Lot 3 and the elimination of the 'gap' area. No changes to the existing access or utilities are proposed as a result of the amended plat' ln additiın, no nonconforñring conditions have been noted which would result from the lot line modification. The Sewer Easement on the south side of Lot 3 would need to be extended across the 'gap' area to the eastern edge of the parcel' II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: r Garfield County Comprehensive Plan 2030 . Garfield County Land Use and Development Code, effective July 15,2013 I . Amended Final Plat (5-305), following Administrative Review (Section 4-103). Table 4-102, Cornmon Review Procedures and Required Notice;r Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC.o The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline).r Pre-Applicationmeeting;. Submittal of Application (3 copies plus one electronic);. Completeness Review;o Submittal of additional materials (if needed) and copies for Referral agencies (21 day review);. Setting a date for the Directors Determination;r Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights ownêrs on the subject property;o Directors Determination including any conditions;r A 10 day Call-up Period after Director's Decision is made;. Finalizing the Plat and satisfaction of any conditions;r Circulation for ApplicanUOwner and other signatures;* Board of County Commissioners execution of the plat as a consent agenda item;. Recording the Plat and Boundary Line Adjustment with the County Clerk and Recorder. IV. SUBMITTAL REQU¡REMENTS Please refer directly to Table 4-201and the list of General Application Materials in section 4-203.8. These appliêation materials are generally summarized below:. Application Form (Signed by property owners of Lot 3) ' General Description of the request outlining the reason for the Amended Final Plat.. Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for platted lots)r Statement of Authority (if an LLC or Corporation) and Letter of Authorization, as necessary.r Fee Payment and Payment Agreement Form. Pre-Application Conference Summary- Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of Lot 3 and 'gap' area) and all mineral owners of the subject parcels (Lot 3 and 'gap' area).. Vicinity Mapr lmprovements Agreement (may be waived upon request) ' Final Plat (Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal). Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) 2 b. Public Hearing: _X_None (Director's Decision) _ Planning Commission - Board of County Commissioners _ Board of Adjustment c. ReferralAgencies: May include Garfield County Designated Engineer, Re-1 School District, and County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD - consulting eng ineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $a0.50 /hour) Gçn,Fral Applica.tion P(ocessinq Þlänñer reviews case for completeness and sends to V. APPLICATION REVIEW a, Review by: Staff for completeness recommendation and referral agencies for additional technical review Åppl ie;atir"rr¡ Su brnåtta I 3 Hard Copies 1 ûigilal PDF Copy (on CD or USB stick) Both the paper and the digital coPY should be split into individual sections. Please refer to the list includ*d in your pre-application conference surnnrary for the submittal requirernents that are appropriate for your applicationl ' General Applicåtion Materials . Viriin¡ty Map " Sit¿ frlan " GradinB anrl üreinage Plan . landscape Plan. lrnpact Analysis. 'fr¿ffìc $tudy , Water Supply/Distributlon Pl*n . Wôstawater Mana6enrent Plan* Arlicle 7 Standards referral ag encies for comments. Case planner contacts applicant and sets uP a site review. Case planner makes the appropriate hearing bodY vislt. Staff reviews application to determine if it meets standards of a recommendation of approval , approval with conditions, or denial to Disclain'!er îhffi're-goilrg summary is advisory in nature only and is not binding on the county. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not beãccurate. This summery does not create a legal or vested right. Pre-ap olication Pre d bv: February 21,2018 David Pesnichak, AICP Date J A. Sectlon 4-f 0S Administrative Couttty Adm¡hlrtr.tlvr Rcvhw Prcce¡¡ (Sectlon 4-10s) g -l¿eË ãI .Ít E E Ê E 0, G .EIp -Ê rMry.h wlvcd by Þfiêcliðr oApdlc¡nt h¡c 6 nrorlth¡ ro ¡ubmlt epÞltcetlon | [o bu3lnÈls düYF to irvlew .lf Insgmplotgr 6O d¡\,f ¡o rem¡dy drflclonclel oWncr¡ wlthín 300 at lcest l5 days prlor b d¡te rC¡ll-up P¡iIod'withtn lgday* of Dlr¿ctor!¡ Dþcl¡lon úppll6¡nt hðq l year to mee!aíy con{ltionsof rpproval owndrs 'Ste¡r J : Applicet¡otr Srrb.mtttàt ('ìr,lì { { ()rft{tlct{irì(li!\ l{l'vlr't¡/ ''5tn¡r rl : Sr,hedrtle,Ílrrr:is:irrll,Dalr¡'¡rnd: Pt'rrui{lt' Nsti¡.:l: 5tr,¡r fil tv;tltrl:rotl Irv fJìrt:r l<¡r 't9 D. Amended FinalPlat County Commissione/s Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of CountY Comm issioners of Garfield County, Colorado, hereby approves this Amended [Exemptionl Plat th¡s - day of -,-------------, 4.D., 20-, for filing with the Clerk and Recorder of Garfield County and for conveya nce to the county of the public dedications shown hereon, subject to the provisions that aPProval in no way obligates Garfield county for the financing or construction of improvements on lands, public roads, hig hways or easements dedicated to the public, except as specifi cally agreed to by the Board of County Commissioners by subsequent resolutioh' Th¡s approval shall in no way obligate Garfield County for the construction, repair or maintenance of pub'lic roads, highways or any other public dedications shown hereon' Chairman, Board of County Commissioners Garfield CountY, Colorado Witness my hand and seal of the County of Garfield' A County Clerk Certificate of Dedication and Ownership ïhe undersigned _ . being sore owner(s) in fee simple of alr that real property situated in Garfield County, described as follows: containing acres, more or less, has [have] caused the described real property to be surveyed, lald out, platted and su bdivided into lots and blocks as shown on this [Exemptionl Plat under the name and style of a subdivision in the County of Garfield. The Owner(s) do(es) hereby dedicate and set apa rt all ofthe streets and roads as shown on the accompanyin g Plat to the use of the public forever,and hereby dedicate(s) to the Public Utilities those portions of sa id real property which are labeled as ut ility easements on the accompanying Plat as perpetu al easements for the installation and maintenance of utilities, irrigation and drainage facilities including,but not limited to, electric lines, gas lines and te lephone lines, together with the right to trim ¡nterfering trees and brush, with perpetual right of ingress and egress for ¡nstallation and maintenance easement and rights sha ll be utilized in a reasonable and prudent manner. Allof such lines. Such expense for street County of Garfield. paving or improvements shall be furnished by the seller or purchaser, not by the EXECUTED this - daY of A.D.,20_. 27 Owner Address: STATE OF COLORADO ) :ss couNTY oF GARFTELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this _ day of 4.0.,20_, by My commission expires: Witness my hand and officialseal. (sEAL) Notary Public Surveyor's Certlflcate l, do hereby certify that l am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this PIat is a true, correct and complete Plat of , as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survêy of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of _ as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. ln witness whereof, I have set my hand and sealthis _ day of - A.D,20_. Professional Land Surveyor Clerk and Recorder's Ce¡tificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at _ o'clock on this _ day of 20- and is duly recorded as Reception No. _ Clerk and Recorder Deputy 2B County SurvcYor's Certlflcate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to c.R.s. $ 38-51-101 and 102, etseq' DATED th¡s _*- daY of ' A'D'' 20-' Garfield CountY SurveYor Tltle Gertlficate l,'an attorney licensed to practice law in the State of Colorado, or age nt authorized by a ttle lnsurance co mpany, do hereby certifi that I have examined the Title to all lands s hown upon this Plat and that Title to such lands is vested in free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments,easements, co ntracts and agreements of record affecting the real property in this Plat), except as follows: DATED this - daY of A.D.,20_. TITLE COMPANY: Agent OR Attorney Colorado Attorney Reg¡stration No. - Certlficate of Taxes Pald l, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable asof ,. -# are paid in full. upon all parcels of real estate described on this Plat DATED this - day of '-------- A'D" 20- Treasurer of Garfield County 29 &d*hæoibÈ-bæ**turh*drÒ¡6-*r-l,ot NTâ|N sllADow*PLAcENlìlG g'ruAfEOrl5EíÁl/'l ol *CÍtorl A,ToWxSllrP 5 SãJTrj, ÈÅraêEæwÊSl,6]111P.M'cotNw oF aff ELD. .sr rE oF COIOfi^OO.SF¡C2tÈffir&¿kbi_ffi¡*Jtdkr*ffi.5JS*ffirhi#x*FW..Þ¡tt*&Fwårsbrsdrtã¡* ùr * s4ôadkr.**r*bæd-5ffild.*¡ t-{ r-r*tÉt¡F*hh¡*¿Ëh¿bb'*-qb|¡.Gâ*ffir¡*dsksÞ:.ı.b,h.b¡-b@üñap-.Ë:"l'r3!É-e:i+L.-- l.-*-*i--ãiì¡idÉffi*¡#ÁâË+F**th* d d h ry d* &4&@bq i t' ,. ì-! ***.e¿#dæ*æ*-*¿Z]*n\;*r,._ 4.ãMr.*l*r:J-ry ¡¿æft{Liw :t*de5,fsaãtc¡w.æ * :1ê:]"¡iqry 'l-¿*-Ð \4Æsñ- ' . -.*diæeu$ s&*bt*td*¡ç6t¡ 5dhòu.5ædfø-ElSÐ:*çb1eeffiW'*&*_¡h*,-¡ÞE**br*&|*Gl&@,'*q-1kh6Ð.bÊ*,kúæ@{¡!+*hæffi*lsrehmffi+t&EtLÞ4M*&*b¿&ffi-qeaÈffi.r4*hæ!¡m4@r,@ÉM!fiÈ#b¡rc&dft*æM,æw.nør;¿f,6¡-\^--.¡,* u,aloto¿ê. -'" ,¡ -l:tltÚdffi6MÒk***-s**"o*-41-q¿-læ94.-"q-..SOPR]S ENGIN€ERHG - LTC-------ffiffir:ffii5--esutE a3tu er*k,d.eq¡**å¡i*¡e.x<i¿¡a *iå¡a'r¡ rã;¡+içFtû*i*æ,p *¡ia-.¿Ë {ar¡t : ' f**f¿ a¡áf,* ^ , lt Ì)¿,"i^ ÉÁ ¿'.ê¿;onì€¡a;i*'- -t4.¿ þ1,* ,4r¡;s.-.L-**.*-*M&xMffiÐ.I.¡rrfflllllìlÌr*xoRTllo æmtrc ææ*,x'*ll¡r¿ FII{AL PIATMOUiITÅtt{ SHADOW PLACEBE,,,Gsrru't*DNfficoalltîl oç GAnHELD, SI'afÊ oç æLOßAùO' e -æwÊsÍ,€tHP.lr/,{oi.tlfA*¿ SraAñl ÑrE lâs PlrÛ.d,l;)'-\Ð$t'f\*i,þwËSr€Ff{ fi,l¿s 5 ugmvr5J,ø't'&*'þf4rdfñss-R*æ'*/ -.*r*úrÐ¿g. *.d-"É*1i:li;ât"yLEGEIÍ)-'1@dæMb&b*,,, .t ß*fr6t' ß: ffi*øN'rffiæÐr*.4&øtuí'----_.:îÌ 'ËæñÉÞL='lii -'F77î.t ø¿ææltxl/.:'l 8.ñúV777. *ø*ø(./.,. .lËæ,lJt|Fgræ@Úþ¡6É.uEçE.ø¿æ¿sseffil.Ðô ææmO EÉæW.-Fi s**.r*io@*¡áeseffi#L(ÈLl: j -úaß\wNû.-r iifìÞ-ù'*lræ"!aSOPR¡S ENGII{€ERING . LLC*¿ññ-ıffi¡¡ffi-*_#d@utWãø3w.!1.. i¿,¡I6@æ.ffi¡ffiffi@Ée2æG6ætÆcw:EE?6Ã---5æ rr^figilfE KarpNeu^Hanlon Delphine F. Janey Associole Àuorney dljtiÈDro$üttr¡larf t$"Ì.q$q Direct; 970,384.2004 Ofñce: (97O) 945^2261 Fax: (970) 945-.t3t6 * Ðir¿q Mall b et gl¿p:çr,tl,Slrrl a &â ngr!-rJ-ouutiu;ilawlim!.es¡¡l Ç le nvo9d tipr î ncs_Ma i n O lílçc 201 l4rh $rrccr, Suite ?00 P, O. D¡awer 2030 Glenwood Springs, CO 81602 February 2,2A18 Dave Rasmussen Kate Schwerin 345 Colorado Avenue, Suite 207 Carbondale, CO 81623 Via E-mail and US Mail PC ATTORNEYS A1 LAW Aspen 323 W. Main Srreet Sulte 301 Aspen, CO 816l I Montrose I 544 Oxbow Drive Suile 224 Montrose, CO 81402 KARP NEU HANLP F.J Re: Resolution of euiet Title Action Dear Dave and Kate, We are very pleased to enclose an orig.inal certified copy ofthe J-udgment and Decree euioti'gTitle in favor of cMH Homes, Inc. As you.'lilt see, we ¡o*'c äcàt¿.d th" Ï;d;*.nìîç, tr,. rec$rclerof deeds, and also enclose the recordíng informaiio". Bi äording th" ñùgm;ni, ," have alsoreleased the z¡s Pendens that was recordeã on october zs,ioii, In addition, I enclose an email fromthe title company wherein Land Title approved the form of the Judgment and Decree before it wassigned by the Court. Based on our review of tasks relate-d to the property on Mountain Shadows Drive we believewe have completed the requested work. we are, ôt rl*r., happy to assist with additional tasks ifrequested. our tinn opst!åtos on a paperless basis whenever possible. we will archivc the file and it maybe deshnyecl alter a reasonsble tirne. Ëecause r've have pioø,i*J yuu with cr:pies of all insoming andoutrgoing documEntq, you shoutcl alrcady have l cornpleie fïlc" Ffowever, if'you woulcl il&-;öil;i.any of the dssunrents in your file, please ler us knaw prornptiy. - I am ¡o glad that we were able to successfully resolve this matter on your behalf. If we canhelp you with another matter in the future, please ¿o íoirr.riøtrio call. Very truly yours, DFJ:ew Enclosure 903023 0210712018 10:06:22 AM Page I of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded THIS MAT.TER is before the Court on Plaintiffs Motion for Judgrnent, Entry of Decree, and Releasc of Lis Penders, Having reviewed the motion and documents of record, ihe prernises considel'ed and good cause having been shown, the CoU¡.t finds that plaintiff CMH Homes, lnc., and its predecessors'irl-interest have possessed the strip of land adjacent to its properfy, as depicted and desclibed as Parcel A on Exhibit A, for a period in excess of lB years; that plaintiff and itsptedecessors' tlse atld possession of the subject property has been open and notorious, hostile, adverse, actttal, trnder a clainr of right, exclusive, and uninterrupted as against any other claimantof title to the subject property; that PlaintifTs open and notorious, hostile, udurrr., actual, exclusive, and uninterrupted use and possession ofParcel A undera claim ofright hæ ripened into ownership; and that the apparent heirs and assigns ofthe named Defendants have exesuted quít claim deeds conveying any interest in Parcel A to Plaintiff or its predecessor-in-interest, It ¡s ORDHRTìÞ, ADJUDüED.{ND DnCRlifiD, thet Plaintiff ls the owner in fec simpla and entitled toexclusivc possessíott of Parce I A, anç{ thh is quíeted in Plsintiff wilh respect thereto; and, it is f¡¡rther ORDERED, ADJUDCED AND DECREED, that each of the Defendants, whether specifically named or nol, have no right, title or interest in Parcel A or any part thereofi, and that Defendants aÍe fotevsr enjoined from asserting any clairn, ríght, title or interest in or to the property or any part fhereof. The Court futther finds that Plaintiff CMH Homes, tnc., and its predecessors-in-interest have used and possessed the segment ofthe strip ofland depicted and described as parcel B on Exhibit A for non'exclusive access and utílities in excess of l8 years; that plaintiff and its Certified original DISTRICT COURT CARFIELD COUNTY COLORADO 109 8th Street, Suite 104 Glenwood Springs, CO 81601 å COURTUSEONLY A Defenrlnrts: The unknown heirs ol'J¿rrres V. Minor, JamesV. Minor, Jr., and Paul üngelbr.echl; and all unknown pemèns who clai¡n an intcrcst in the subject matter of this act¡ön. Plaintiff: CMH Homes, lnc v Case Number: 20 I 7CV30l 89 Div,:F Ctrm,;A JUDGMENT AND DECRDE QUIETING TITLE ^ Certlflecl DISTRICI' COURT GARFIELD COUNTY COLORADO 109 Bth Srreer, Suite 104 Clenwood Springs, CO 8 l60l A COURTUSEONLY A Defendants: The unknown heirs of James V. Minor, James V. Minor, Jr., and Paul Engelbrecht; and all unknown persons who claim an interest irr the subject matter of this actiorr. Plaintiff: CMH Homes, lnc. v Case Number: 201 7CV30l 89 Div.:F Ctrm.:R JUDGMBNT AND DDCREß QUIETING TITLE THIS MAT.|-ER is before the Court on Plaintiffs Motion for Judgment, Enrry of Decree, and Release of Lis Penders. Having reviewed the motion and documcnts of record, the premises considered and good cause having been shown, the Court finds that plaintiff CMH Homes, lnc., and its predecessors'in-intercst have possessed the strip ofland adjacent to its property, as depicted ancl described as Parcel A on Ðxhibit A, for a period in excess of l8 years; that plaintiff and its predecessot's'tlse and possession ofthe subject propefiy has been open and notoriouso hostile, adverse, actttal, utlder a clairn of right, exclusive, and uninterrupted as against any other claimantof title to the subject property; that Plaintifl's open and notorious, hostile, adverse, actual, exclttsive, and uninterrupted use and possession ofParcel A under a claim ofright has ripened into ownership; and tlrat the apparent heirs and assigrrs of the named Defendants have executed quit clairn deeds conveying any interest in Parcel A to Plaintiff or its predecessor-in-interest. It is ORDERED, ADJUDGED AND DECREED, that Plaintiff is the owner in fee simple and ent¡tled to exclusive possession of PaLcel A, and title is quieted in plaintiffrvith respect therero; and. it is lirmher ORDERED' ADJUDCED AND DECREED, that each of the Defendants, wherher specifically named or not, havs no right, title or intercst in Parcel A or any pafi thereof, and that Defendants are forever enjoined from asserting any claim, right, title or interest in or to the properly or any paú thereof. The Court ftrrther finds that Plaintiff CMH Hornes, hrc., and its predecessors-in-interest have used and possessed the segment of the strip of land depicted and described as parcel B on Exhibit A for non-exclusive access and utilities in excess of l8 years; that plaintiff and its DECREE QUIETING TITLE CMH Honrcs, htc.'t'. Unknown Persons Case Number: 201 7CV30189 Page 2 of2 predecessot's' use and possession ofParcel B has been open and notor¡ous, hostile, adverse, actualo undet'a claim of right, and uninterrupted;and that Plai¡ltiffls open and notorious, hostile, adversç, actual, and uninterrupted use and possession of Parcel B for access and utility purposes under a clairn of Light has ripened into a non-exclr¡sive easetnent. lt is therefore ORDERED, ADJUDGED AND DECREED, that a non-exclusive access and utility easement is quieted in Plaintiff with respect to Parccl B, lt is fufther ORDERED, that theNotice of Lis Pentlers recorded by Plaintiff on October 25,2017 in the books and records of the Garfield County Clerk and Recorder at Recept¡on No. 899086, is hereby RELEASED ancl shall no longer burden the properly described therein, which is more particularly described on Exhibit A, attached hereto. SO ORDERED this 64 day of l¡e!g.y-_ 2018, Distlict Court Judge This Erhibit ie ¡n¡chsd to 0¡d m¡de pert of the Court,s Ordor and Judgoeot Quioting Title ?/6râ0fii, P ARC EL A &P ARC E L B S ITUATE D N T H E SW%oË eJ ECT I o N a.J 4,T OW N 5H p 5 SOUT fl,RANG E I IcouNTY WEsT OF ÏHE oË (JA R r I E LD 5ïA TE O t COLORADO. lti..:i. t i() tt. :.;.: :. jt 1) | : ) t t. tr:,ì. j ', Westetlv / !¡/crlarntlit I i ¿: Brlry. Hill Sub. MOUNÍA'N SHADOWS DRIVE N66" 24'29"8 L PARCEL B 227 sq. Ft,3|',8 ¡/0'C9':ll"W .12.70' 24'29x8 7.56' ¡,rr'ìr '.i 2.r'a l4l[5 lïß¡'j'rl I I t. S 9 tj Bû ¡V t 9 C) N 06ô" "rrji.,,;o { ! it <:. l:t a. il t.l.ì il.t t il ¿¿,)q-'¡''qAo, ¡b,,-,r\;t, l.li.(li.K ) Wness Co¡net lo Sy. Cot,_Sec J4 .- Ít\t. fiebü wy't'p"i,S. & #t{!!¡trttl {aedß Nû$'ùs' t t"W, J5,¡å, Þt f.tê gù.¡ìßf helng d fouûrl ßoât Nall ¡n Asphan"Donegail nd,) öj _o vj &,ê 0 :r.ì.iÏ i¿'r¡! as'29"w 7,53' ,,i.) i :l dti)i-^ I \,\,.t ;: t r'il iìil t ,, ,i¡.:i: ¡a:i jJ.. r..\r.,.i ;ll{ ;!.' .,i:ri,l tCt;: il! !)!:t\ l 1.NI:; ri: ¡iù ¡il1.i:; t;i /tÌ "'ilffmm¡n*ñJ|oRTl{ GRAPHIC SCALE SOPRIS ENGINËERINC . I-I".C CIVII, CONSULlANTS 50? MAIN 5TßEET, SUITË A3 C/\RBONDALE, COLORADO 81623 (970) 704-0311 SOpRtSENG@}S0pRtsENG.COM { IN FEËT i ,:l inch "' 40 ft. ,.ì li !:ì it j {: i.i") t'.t.}. i',1tlt.)l:i. i:ít; :7 t jì ')4.i 0{.ì.t)i}$ {i:ltti., iio. l::í; i{'J/7i i ! j í:t i i:i t il í, ¿ r t. t I !..) r,t ::; t: i ¡ !:t :: <i i r ¡ IJk. :l"l!), í)!::. ::i.iÍj) NQTF: 8eãríngs shown have been rotated 00'00,2g,, clockwise lo conlo¡m with the City of Glonwood 5pîtngs Town geaìngs *{ Ê q POINT OF BEGINNING PAßttL lt 8¡ prìåCF¿ I n N s in Õe r.lflC[,\(:i:ïHbrXG f0COtîÂ^äOLÁWytU riULrtOìlvulct aNy I t6At ^. I tOil B^lí D uprjit ÀNT Dt:f tlt N-r¡r5 suñvry,rrtrtrr rH¡fi ttÀ¡r^Íìfô ìt)u ltñJl of5L0vtfi :'l!.1 9li rc' t{ No tvtNÏ MAr ^hy Â( f ro\ r^5É0 rpÖü AN!ütÍf Cl lN Ir ilt SUtiuåy üt C.t¡¡MfilCt0 MO¡t trlnfi ÍtNY¡Àß5 I ¡tr¡ tHt û^lt 0: ct Nl rtcqtroN silowft lttfttoil 40 ,t0 30,2017 PARCEL A A parcel of land beíng situated ln the SW% of Section 34, Township 5 South, Range 89 West of the 6th p,M, All bearings contained herein being relative to a bearing of N89'50'41" E between the Southwest Corner of said Section 34 being a found U.S. GLO Brass cap and the 5% of said Section 34 being a found boat nall set ln Donegan Road. Said parcel being more parlicularly descrlbecl as follows: Beginning at a point on the easterly line of a parcel of land described in Book 329 at Page 558 and also being the Northeast corner ofa parcel ofland described in Reception No,851077 both ofthe Garfield County records; whence the W¡tness Corner to the 5% Corner of Section 34 of said Townshlp and Range, being a found rebar with cap, L,S, No, lllegible (True S% of Section 34, a boat nail in Donegan Road bears S00'09'31"E, 25.18') bears 565'1.5'19"8 a distance of 11"18,22 feet; thence N66"24'29"8 a distance of 7,56 feet to a point on the westerly line of the Western Hills Subdivisíon, recorded as Reception No. 203826 of the Garfield County records; thence along said westerly line of said Western Hills Subdivision 500'09'31"E a distance of 225.50 feet; thence leaving said westerly line of Western Hills Subdivision 567'05'29"W a distance of 7.53 feet to a point on the easterly line of said parcel described in Book 329 at Page 558 and also belng on the easterly line of said parcel of land described in Reception No. 861077; thence along said easterly line of said parcel described in Book 329 at Page 558 and parcel described in Reception No. 861077 N00'09'31"W a distance of 225.4t feet to the point of beginning. Said parcel of land containing 1565 square feet, more or less. Description Prepared By: Russell G. Jones, Colorado PLS 25950 For on behalf of Sopris Engineering, LLC 502 Main Street . Suite A3 . Carbondale, C0 81623 .70 704-0311 . Fax {970 704-03 1 3 SuPnrs tHürHrrnrrü o I.I,G civil consultants 30,2017 PARCET B A parcel of land being situated ln the sw% of Section 34, Township s South, Range g9 west of the 6th p,M, Allbearings contained herein being relative to a bearing of Ngg"50'41,, E between the southwest corner of saidsection 34 being a found u.s. GLo Brass cap and the s% of said section 34 being a found boat nall set ln DoneganRoad. Said parcel being more particularly described as follows: Beginning at a po¡nt on the easterly line of a parcel of land described in Book 329 at page 55g also belng on theeasterly boundary of a 30,00 foot wlde easement as described in described ln Book 35iat page 57g both of theGarfield county records; whence the w¡tness corner to the s% corner of section 34 of said Township andRange, being a found rebar with cap, L.s, No. lllegible (True s% of Section 34, a boat nail in Donegan Roadbears s00"09'3!'8,25.1"8') bears s65"15'1.9"8 a distance of Lllï,22feet; thence along the easterly line ofsaid parcel of land described in Book 329 at Page 558 and the easterly line of said easement described inBook 359 at Page 578 N00'09'31"w a distance of 32.7ôfeet to a poínt on the northerly line of said 30.00foot wide easement; thence leaving said easterly line of parcel descríbed in Book 32g ,, ergu 55g andeasterly line of said easement recorded in Book 359 at Page 57g N66"24,5g"E a distance of 7.56 feet to apoint on the westerly line of the western Hills subdivision, recorded as Reception No, 203g26 of theGarfield county records; thence along said westerly line of said western Hills subdivision s00"0g,31,,E adistance oî 32,7O feet; thence leaving said westerly line of western Hills subdivision s66"24,2g,,w adistance of 7'56 feet to the point of beginning. said parcel of land containing 227 square feet, more orless. Description prepared By: Russell G. Jones, Colorado pLS ZS95O For on behalf of Sopris Engineering, LLC 05 2 oMaSneeSuite3A c a anboadce,0 1I 2b 3 I04-7 3007 F ó1 7o 0 07 4X -0 3 3 $opnls lnnltruRt]rc o rlc civil consultants Delphine F. Janey From: Sent: To: Cc: Delphine F. Janey Thursday, January 25,20L8 9:32 AM 'Bill Brendemuhl'; Christie Blackard Michael J. Sawyer; Angelique P. Petterson RE: Western Slope Welding-- to-- CMH Homes,Inc.SubJect: Dear Bill, Thank you so much for your prompt response. I really appreciate it, Delphine Pelphine f . ).neg Karp^hð*u.Hänlgn= Þelphine F. Joney, Atlorney 2Ol t¿lth Street, Suile 200 Mollto: P.O. Drower 2030 Glenwood Springs, CO 81602Tel: 970.945.2261 (ext. l2l) Fqx: 970.945.7336 ucw*,¡*jl:¡'qs'*ls.inls:u[irm*sm 5S ft r"r cons¡der the environment betore printing thts amail This e-mail transmission {and/or the documents äccompanving it) may contain confidential information belonging to the sender or intended recipient which is protected by the attorney-cllent prfvilege. The informatlon is intended only for the use of the individual or the entity named above. lf you are not the lntended recipient, you ate hereby notified that any disclosure, copyin6, dlstributlon or the taking of any actíon in reliance on the contents of thi$ lnformatlon is strlctly prohiblted. lf you have received this transmission in error and are an attornev or law firm, consult Tltl€ I of the federal Ëlectron¡r Communications Privacy Act of 1,986 and Colorado Rules of Professional eonduct which require you to refrain from examining these materlals. lf you have recelved this transmission ín error, please immediately notify us by telephone to ârrange for return of the documents TAX ADVÍCË DISCIOSURE: Any U.S. Federal tax advice contained in this communication {including any atlachmentsl is not intended or wr¡tten to be used, and cannot be used or relled upon, for the purpose of avoiding penalties under the lnternal Revenue Code or promoting, marketing ür recommendíng any entity, investment plan or other transactíon. From: Bill Brendemuhl Imailto:bbrendemuhl@ltgc.com] Sent Thursday, January 25,2078 9:31 AM To¡ Christie Blackard <cblackard@ltgc.com>; Delphine F, Janey <dfj@mountainlawfirm.com> SubJect: Re: Western Slope Welding- to- CMH Homes, lnc, The proposed order is acceptable to Land Title" 1 Thanks Bill Bren{lemuhl, Esq Commercial Title Offlcer Colorado Tltle License # geg? Land Title Guarantee Company 5975 Greenwood Plaza Blvd Greenwood Village, CO 80111 Direct 3Q,3 85!:,419J www.ltoc.comF Lald litle lrilÀf L\Ët ar.tt¿Nl -\.f,r ¡ rr-.* t FnE-VlNf FRAUf)-Fledse îaatamherta calla nrenrberoîour cfoslng fe{r?l, whefl it'tit¡ating ã wire frdns-f€¡'or-pfiryfdritg wÍt¡ìtg instru¿fions. On Wed, Jan24,2018 at 1:4.6 PM, Christie Blackard <uhläthgld,d}ÅJ'..-qgnr> wrote Hi Biil, I believe this email needs to go to you, I see you were working in it last week. Christie Blackard Title Officer Colorado Title License #189229 Land Title Guarantee Company 9Q.1_Grand Ave, Suite 202 Qlenwood Springs, Ç8 818Q1 Office: 970:945-2ê10 www.ltgc,com Land Ttle PRFVENT FRAU0 - Phase remenber to cail a Dßmber of our closÌng teantwlten ittilietittg a wire t-rflnsteï ar prav¡dtng wirtng ¡nilntct¡ons. ;ü z Forwarded message From: Becþ Blanchard <þþlanqhard@ltgc.com> Datp: Wed, Jan24,2018 at 12:38 PM Subject: Fwd: V/estern Slope Welding-- to-- CMH Homes, Inc. To: Christie Blackard <cblækard@ltgc.com> Who should I get this to? Becky M¡cdonell Blanchard Closing Agent Colorado Title License #30323 Land Title Guarantee Company 1G Fax: 800;3_18:920Þ þþlênchaid@lisç,sofi wunru.ltgc,comF Land ïtle {r,,s { 4\at t {f¡v.|,{,t? II PREVENT FQAUD - Ptease rcnember to call â mamber ol out clasing leam when Initiatít].g a wlre transler or provldltrg wir¡ng rnsfruclrons. Forwa¡ded message From: Delphine F. Janey <d{.út)ro.ctu:ttairll Date: 'ùy'ed, 1an24,2018 at 12:03 PM Subject: Western Slope Welding-- to-- CMH Homes, Inc. To : Becky Blanchard <þhkirehsrd{&ll&ltqnß> C c : " An gel ique P. Petters on " <nr:plf.)ni oun lgi n lqwi[ilm.ç-a*,È 3 Becky, Land title did the closing conveying land from Western Slope lVelding to CMH Homes, Inc. last year, you also issued a litigation guarantee in connection with otn pending quiet title action. I am not sure if you issued an owner's policy, but we are quieting title to an adjacent strip of land, and hoped that your team would review our proposed order and provide comments. Thanks for getting this into the rights handsl Delphine F. Janey Delphine F. Janey, Attorney 201 l4th Srreet, Suite 200 Mail to: P.O, Drawer20ßA Glenwood Springs, CO 81602Tel: 970.945.2?.6|(ext. 121)Fax: 97Q,9+5.7316 wwly.¡4ountai4lê@n, fI Please consider the environment before printing this email This e-mail transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender or intended recipient which is protected by the attorney-client privilege. The information is intended only for the use of the individual or the entity named above. Iiyou are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking ofany action in reliance on the contents of this information is strictly prohibited. If you have received this t¡ansmission in error and are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986 and Colorado Rules of Professional Conduct which require you to refrain from examining these materials. If you have received this üansmission in error, please immediately notify us by telephone to arrange for retum of the documents TAX ADVICE DISCLOSURE: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and can¡ot be used or relied upon, for the purpose of avoiding penalties under the lnternal Revenue Code or promoting, marketing or iecommending any entity, investment plan or other transaction, Pte*se {Vnte: LanrJ Tít{e $'ril{ he clcs¡et"{ February ,r$, å$'$& ín q}b**rvanüe s¡f Pr*sãå{*snt's ffiay Please Î{ote: Lanri T"*tle r"¡¡il} &¡tl clcseçj f,ehruæry .$ç}, å$.$$ iru alfussrvi*ncæ *f üþre*$rjsnt,s $ay" Fl*açe þ$ott*: Land Titlø will bs cloçed läehruary XS, ?ü{E in observance of pnesícjllnt's $fry. Pl{åês&¡ hlc¡tarl [.ane* Titl*¡ wiå{ fu*t *l*:s¿:c{ P$å}rui¡!^y trS, X0'!$ i¡r çþsorvarrçe ëf tryewísÍesnt-* ffimv, 4 PROIECT TEAM owNER/APPLICANT Steve Snyder & Shawn Ruse Clayton Homes #T037 671 23 Road Grand Jct., C0 81505 97A-245-9A39 steven.snyder@claytonhomes.com shawn.ruse @ claytonhomes.com SURVEY & ENGINEER Yancy T. Nichol, P.E. Sopris Engineering, LLC 502 Main Street, Suite A-3 Carbondale, CO 81.623 970-703-03t1 ynichol @sopriseng.com CONTRACTOR & BUITDER Steve Snyder & Shawn Ruse Clayton Homes #t037 67L 23 Road Grand |ct., C0 81505 97t-245-e839 steven.snyder@ cl aytonhomes.com shawn.ruse@claytonhomes.com REPRESENTITIVES Kate Schwerin 826 Highway L33, Suite C Carbondale, CO 81623 303-250-3872 kateschwerin @ gmail.com and David Rasmussen 826 Highway 133, Suite C Carbondale, CO 8L623 802-236-2677 yurtstead@gmail.com SECTION 2 ¡t -l ätoo*t gt\'¡ø ì Lot 3 Ntoooi'uto VICINITY MAP 0lerrwood Sprrngs. CO area Garlield CoLtnty. CO Applicant's Site I FrP c¡eeks¿de ' .-'i'- ?or.ôeroj;;;ìe C¡# ¡l rft Not to Scale NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 3/13/2018 - 17076 RJ/AC- G:\2017\17076\SURVEY\Survey DWGs\17076-MT SHADOW PLACE AMENDED PLAT.dwg SCALE: 1" = 500' GAS METER SEWER MANHOLE WATER HYDRANT WATER VALVE CURB STOP SEWER CLEANOUT ELECTRIC TRANSFORMER ELECTRIC METER TELEPHONE PEDESTAL CATV PEDESTAL EXISTING CONDITIONS LEGEND GAS MARKER GUY WIRE SIGN LIGHT POLE POWER POLE UTILITY MANHOLE TELEPHONE MANHOLE DRYWELL WATER MANHOLE ELECTRIC MANHOLE IRRIGATION VALVE COMMON UTILITY TRENCH UNDERGROUND ELECTRIC GAS LINE WATER LINE SEWER LINE OVERHEAD ELECTRIC UNDERGROUND TELEPHONE OVERHEAD TELEPHONE UNDERGROUND UTILITIES OVERHEAD UTILITIES DECIDUOUS TREE BOULDER WIRE FENCE WOODEN FENCE CHAINLINK FENCE ROCK RETAINING WALL RAILROAD TIE RETAINING WALL CONIFEROUS TREE SHRUB EDGE OF VEGETATION etc etc ugug w w ssss ue ue oe oe utut otot uu uu ou ou AMENDED FINAL PLAT SHEET 1 OF 2 PROPOSED ELECTRIC MANHOLE PROPOSED DRAINAGE DRY-WELL PROPOSED SEWER MANHOLE PROPOSED TELEPHONE MANHOLE PROPOSED UTILITY MANHOLE PROPOSED GUY WIRE PROPOSED POWER POLE PROPOSED FIRE HYDRANT PROPOSED WATER VALVE PROPOSED CURB STOP PROPOSED GAS METER/VALVE PROPOSED ELECTRIC TRANSFORMER PROPOSED ELECTRIC METER PROPOSED TELEPHONE PEDESTAL PROPOSED CATV PEDESTAL PROPOSED SEWER CLEANOUT PROPOSED LIGHT POLE PROPOSED SIGN PROPOSED LEGEND PROPOSED STORM INLET PROPOSED CONTOUR PROPOSED CONTOUR INTERVAL PROPOSED 8" WATER MAIN PROPOSED 8" SANITARY SEWER MAIN PROPOSED ELEC, TELE, CABLE, GAS PROPOSED GAS PROPOSED TELEPHONE PROPOSED UNDERGROUND ELECTRIC PROPOSED CABLE PROPOSED FIBER OPTIC PROPOSED STORM SEWER PROPOSED ELEC, TELE, CABLE PROPOSED RETAINING WALL PROPOSED OVERHEAD ELECTRIC PROPOSED IRRIGATION PIPE PROPOSED SWALE OR DITCH PROPOSED FENCE PROPOSED 12" WATER MAIN PROPOSED 12" SANITARY SEWER MAIN IP SP EXISTING ELECTRIC MANHOLE EXISTING DRAINAGE DRY-WELL EXISTING SEWER MANHOLE EXISTING TELEPHONE MANHOLE EXISTING UTILITY MANHOLE EXISTING GUY WIRE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING WATER VALVE EXISTING CURB STOP EXISTING GAS METER EXISTING ELECTRIC TRANSFORMER EXISTING ELECTRIC METER EXISTING TELEPHONE PEDESTAL EXISTING CATV PEDESTAL EXISTING SEWER CLEANOUT EXISTING LIGHT POLE EXISTING SIGN EXISTING LEGEND EXISTING STORM INLET EXISTING CONTOUR EXISTING CONTOUR INTERVAL EXISTING STORM SEWER EXISTING EASEMENT EXISTING PROPERTY LINE EXISTING SETBACK (XX') EXISTING WIRE FENCE EXISTING ROCK WALL EXISTING 8" WATER MAIN EXISTING 8" SANITARY SEWER MAIN EXISTING ELEC, TELE, CABLE, GAS EXISTING GAS EXISTING TELEPHONE EXISTING UNDERGROUND ELECTRIC EXISTING CABLE EXISTING FIBER OPTIC EXISTING ELEC, TELE, CABLE EXISTING OVERHEAD ELECTRIC EXISTING IRRIGATION PIPE EXISTING SWALE OR DITCH EXISTING ZONE OF INFLUENCE EXISTING TOP OF SLOPE PROPOSED UNDERDRAIN>>>> PROPOSED SEDIMENT CONTROL LOG PROPOSED SILT FENCE PROPOSED INLET PROTECTION PROPOSED STABILIZED PARKING AREA 10 YEAR HGL LINE (PROFILE) PROPOSED ASPHALT PAVEMENT PROPOSED CONCRETE/SIDEWALK PROPOSED BIO-RETENTION GARDEN PROPOSED PAVERS PROPOSED DEMO AREA PROPOSED FLOW ARROW POST DEVELOPMENT DRAINAGE BASIN POST DEVELOPMENT SUBBASIN TRAVEL PATH FOR Tc COMPUTATIONS OFFSITE DRAINAGE BASIN EXISTING FLOW ARROW EXISTING DRAINAGE BASIN DESIGN POINT 10 YEAREGL LINE (PROFILE) 100 YEAR HGL LINE (PROFILE) 100 YEAR EGL LINE (PROFILE) EXISTING SURFACE (PROFILE) FINISHED GRADE (PROFILE) PROPOSED SAWCUT LINE (LIMIT OF DISTURBANCE) SOURCE DOCUMENTS: x PLAT-U.S. GLO Plat Extension Survey, Township 5 South, Range 89 West, 6th P.M. as accepted by the U.S. Supervisor of Surveys on Dec. 2, 1930. x PLAT-Chalet Village No. 1, Rec. No. 238074. x PLAT-Chalet Village No. 2, Rec. No. 243754. x PLAT-Chalet Village No. 3, Rec. No. 244652. x PLAT-The Mitchell Creek Project Filing No. 1, Rec. No. 335063. x PLAT-Western Hills Subdivision, Rec. No. 203826. x DOCUMENT-Rec. No. 903023 Judgment and Decree Quieting Title x DOCUMENT-Rec. No. 861077. x DOCUMENT-Bk. 329-Pg. 558-Rec. No. 210934. x DOCUMENT-Bk. 359-Pg. 578-Rec. No. 226479. x DOCUMENT-Bk. 310-Pg. 352-Rec. No. 202471. x DOCUMENT-Bk. 493-Pg. 34-Rec. No. 276622. x DOCUMENT-Bk. 482-Pg. 619-Rec. No. 732788. x DOCUMENT-Bk. 890-Pg. 006-Rec. No. 458125. x DOCUMENT-Rec. No. 637681. x DOCUMENT-Rec. No. 476806. x DOCUMENT-Rec. No. 447783. x DOCUMENT-Rec. No. 271083. x DOCUMENT-Rec. No. 428389. x DOCUMENT-Rec. No. 648807. x SURVEY-High Country Engineering, LLC Improvement Survey Plat, Project No. 2141769.00 dated November 1, 2014. ALL OF THE THE GARFIELD COUNTY, COLORADO RECORDS. DRAFT NOTES 1)Date of Survey: June 29-July 24, 2015, Updated April 17, 2017. 2)Date of Preparation: April, 2017-June 14, 2017, Updated October 18, 2017 and November 08, 2017, Revised January 05, 2018. 3)Linear Units: The linear unit used in the preparation of this plat is the U.S. Survey Foot as defined by the United States Department of Commerce, National Institute of Standards and Technology. 4)%DVLVRI%HDULQJ%HDULQJVDUHEDVHGRQDEHDULQJRI1 :EHWZHHQDIRXQGUHEDUZLWKFDSPDUNHG/6 14100 representing the the Southeasterly corner of The Mitchell Creek Project Filing No. 1 Subdivision and a found rebar with cap, L.S. No. Illegible representing the Northwesterly Corner of Chalet Village No. 3. Points being called IRUEHLQJRQWKHKLVWRULFSRVLWLRQRIWKH:HVW/LQHRIWKH6(ó6:ó6HFWLRQ7RZQVKLS6RXWK5DQJH:HVWRI the 6th P.M. 5)This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of record. For all information regarding easements, rights of way and/or title of record, SE relied upon the Title Policy prepared by Stewart Title Guaranty Company of Glenwood Springs. Policy No. 0-9301-002872788, dated November 14, 2014. In addition this survey utilized the documents and plats as shown in the Source Documents, hereon. 6)The East and West boundary lines of the original subdivision parcel have been derived by following the intent of the parenting deed. The deed states that these lines are parallel to and 150' and 300' respectively from the the West line RIWKH6(ó6:óRI6HFWLRQ7KLVFUHDWHGDJDSRI EHWZHHQWKHHDVWHUO\ERXQGDU\RIWKH0RXQWDLQ6KDGRZ Place Subdivision and the westerly boundary of Western Hills Subdivision. This gap has been rectified for this Amended Plat by a Judgment and Decree Quieting Title for this area and the owner shown hereon is the owner in fee simple of this previous gap and has been added to Lot 3 from the previous plat, recorded as Reception No. 903163. 7)No further subdivision of the parcels within Mountain Shadow Place Minor Subdivision are permitted by Minor Subdivision, as defined in the Land Use and Development Code 2013, as amended. 8)Current and future owner(s) should be made aware of the potential for sinkhole development, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole during or after construction 9)Owner: CMH Homes, Inc. a Tennessee Corporation 5000 Clayton Rd Maryville, TN 37804 10) Mineral Owner: Silas W Nott and to his heirs and assigns forever. As filed in Book 172, Page 295. Reception #14164 11) The Covenants, Conditions and Restrictions (CC&R's) and Cost Sharing Agreement are recorded under Reception No. 903165 of the Garfield County, Colorado Clerk & Recorder's records. Certificate of Dedication and Ownership The undersigned CMH Homes, Inc.,a Tennessee Corporation, being sole Owner in fee simple of all that real property situated in Garfield County, described as follows: ƉĂƌĐĞůŽĨůĂŶĚƐŝƚƵĂƚĞĚŝŶƚŚĞ^Ь^tЬŽĨ^ĞĐƚŝŽŶϯϰ͕dŽǁŶƐŚŝƉϱ^ŽƵƚŚ͕ZĂŶŐĞϴϵtĞƐƚŽĨƚŚĞϲƚŚWƌŝŶĐŝƉĂů DĞƌŝĚŝĂŶ͕'ĂƌĨŝĞůĚŽƵŶƚǇ͕ŽůŽƌĂĚŽ͘ůůďĞĂƌŝŶŐƐĐŽŶƚĂŝŶĞĚŚĞƌĞŝŶďĞŝŶŐƌĞůĂƚŝǀĞƚŽĂďĞĂƌŝŶŐŽĨEϬϬΣϬϵΖϯϭ͟tĂůŽŶŐ ƚŚĞtĞƐƚ>ŝŶĞŽĨƚŚĞ^Ь^tЬŽĨƐĂŝĚ^ĞĐƚŝŽŶϯϰ͕dŽǁŶƐŚŝƉϱ^ŽƵƚŚ͕ZĂŶŐĞϴϵtĞƐƚŽĨƚŚĞϲƚŚWƌŝŶĐŝƉĂůĂŶĚďĞŝŶŐ between the Southeast corner of the Mitchell Creek Project Filing No. 1 Subdivision, a found rebar with cap, L.S. No. 14100 and the Northwest Corner of Chalet Village No. 3 being a found rebar with cap, L.S. No. Illegible. Said parcel of land being more particularly described as follows: ŽŵŵĞŶĐŝŶŐĂƚƚŚĞtŝƚŶĞƐƐŽƌŶĞƌƚŽƚŚĞ^ЬŽƌŶĞƌŽĨ^ĞĐƚŝŽŶϯϰŽĨƐĂŝĚdŽǁŶƐŚŝƉĂŶĚZĂŶŐĞ͕ďĞŝŶŐĂĨŽƵŶĚƌĞďĂƌ ǁŝƚŚĐĂƉ͕>͘^͘EŽ͘/ůůĞŐŝďůĞ;dƌƵĞ^Ь͕ĂďŽĂƚŶĂŝůŝŶŽŶĞŐĂŶZŽĂĚďĞĂƌƐ^ϬϬΣϬϵΖϯϭ͕͟Ϯϱ͘ϭϴΖͿ͖ƚŚĞŶĐĞEϲϰΣϱϳΖϱϮ͟t͕Ă distance of 1113.21 feet to a point on the westerly boundary line of the Western Hill Subdivision, recorded as Reception No. 203826 of the Garfield County, Colorado records, the True Point of Beginning; thence along the ǁĞƐƚĞƌůǇůŝŶĞŽĨƐĂŝĚtĞƐƚĞƌŶ,ŝůůƐƐƵďĚŝǀŝƐŝŽŶ^ϬϬΣϬϵΖϯϭΗ͕ĂĚŝƐƚĂŶĐĞŽĨϮϮϱ͘ϱϬĨĞĞƚƚŽĂƉŽŝŶƚŽŶƚŚĞƐŽƵƚŚĞƌůǇ line-as extended to the westerly boundary of said Western Hills Subdivision being a parcel of land described in Book 329 at Page 558; thence leaving said westerly boundary line of said Western Hills and along said southerly line as ĞǆƚĞŶĚĞĚŽĨƐĂŝĚƉĂƌĐĞůŽĨůĂŶĚĚĞƐĐƌŝďĞĚŝŶŽŽŬϯϮϵĂƚWĂŐĞϱϱϴ͕^ϲϳΣϬϱΖϮϵΗt͕ĂĚŝƐƚĂŶĐĞŽĨϰϰ͘ϲϬĨĞĞƚ͖ƚŚĞŶĐĞ along said parcel of land as described in Book 329 at Page 558 the following four (4) courses: 1)ƚŚĞŶĐĞ^ϱϱΣϮϯΖϮϵ͟t͕ĂĚŝƐƚĂŶĐĞŽĨϰϱ͘ϳϱĨĞĞƚ͖ 2)ƚŚĞŶĐĞ^ϳϭΣϰϮΖϮϵ͟t͕ĂĚŝƐƚĂŶĐĞŽĨϰϵ͘ϳϮĨĞĞƚ͖ 3)ƚŚĞŶĐĞ^ϱϰΣϬϴΖϮϵ͟t͕ĂĚŝƐƚĂŶĐĞŽĨϯϳ͘ϵϴĨĞĞƚ͖ 4)ƚŚĞŶĐĞEϬϬΣϬϵΖϯϭ͟tĂůŽŶŐƚŚĞǁĞƐƚĞƌůǇůŝŶĞŽĨƐĂŝĚƉĂƌĐĞůŽĨůĂŶĚĚĞƐĐƌŝďĞĚŝŶŽŽŬϯϮϵĂƚWĂŐĞϱϱϴĂŶĚĂůƐŽ being the same as the easterly line of a parcel of land described in Reception No. 271083 and also being the easterly line of Chalet Village No. 1, recorded as Reception No. 238074, a distance of 265.91 feet to a point on the southerly line of Mountain Shadows Drive as reserved in Book 359 at Page 578 of the Garfield County records; thence along said southerly line of Mountain Shadows Drive the following two (2) courses: 1)ƚŚĞŶĐĞEϳϳΣϯϱΖϮϵ͕͟ĂĚŝƐƚĂŶĐĞŽĨϭϯϬ͘ϴϵĨĞĞƚ͖ 2)ƚŚĞŶĐĞEϲϲΣϮϰΖϮϵ͕͟ĂĚŝƐƚĂŶĐĞŽĨϯϭ͘ϲϱĨĞĞƚĂƐĞǆƚĞŶĚĞĚƚŽƚŚĞǁĞƐƚĞƌůǇďŽƵŶĚĂƌǇŽĨƐĂŝĚtĞƐƚĞƌŶ,ŝůůƐ Subdivision to the True Point of Beginning. Said parcel of land containing, 0.869 acres, more or less. has caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this Final Plat under the name and style of AMENDED MOUNTAIN SHADOW PLACE, a subdivision in the County of Garfield. The Owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicates to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this _____day of ______,A.D., 2018. __________________________________________ Owner: CMH Homes, Inc., a Tennessee Corporation Address: 5000 Clayton Rd Maryville, TN 37804 STATE OF COLORADO ) ss COUNTY OF GARFIELD ) By _______________________________________. The foregoing Certificate of Dedication and Ownership was acknowledged before me this _______ day of __________________, A.D., 2018, My commission expires:______________________ Witness my hand and official seal. __________________________________________ Notary Public Title Certificate I,__________________________ an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in__________________________________ ,free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ DATED this_________day of_________________, A.D., 2018 . TITLE COMPANY: Agent ________________________________________________ OR Attorney______________________________________________ Colorado Attorney Registration No. Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of___________________________________; upon all parcels of real estate described on this Plat are paid in full. DATED this_______day of_____________________A.D., 2018. __________________________________________________ Treasurer of Garfield County Surveyor's Certificate I, Mark S. Beckler, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the Amended Mountain Shadow Place, as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of Amended Mountain Shadow Place as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this xxth day of xxxxxxx, A.D.,2018 . Mark S. Beckler, Colorado Professional Land Surveyor No. 28643 County Surveyor's Certificate ƉƉƌŽǀĞĚĨŽƌĐŽŶƚĞŶƚĂŶĚĨŽƌŵŽŶůǇĂŶĚŶŽƚƚŚĞĂĐĐƵƌĂĐǇŽĨƐƵƌǀĞǇƐ͕ĐĂůĐƵůĂƚŝŽŶƐŽƌĚƌĂĨƚŝŶŐ͕ƉƵƌƐƵĂŶƚƚŽ͘Z͘^͘Α 38-51-101 and 102, et seq. DATED this ___ day of _________________,A.D., 2018. _____________________________________________________ Garfield County Surveyor By___________________________________________________ Deputy Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at ___________o'clock_____on this______ day of__________________, 2018, and is duly recorded as Reception No._____________________. _____________________________________________________ Clerk and Recorder By___________________________________________________ Deputy SCALE: 1" = 200' MONUMENT LEGEND SECTION CONTROL MONUMENT INDICATES FOUND MONUMENT, AS SHOWN Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Subdivision Plat this ___ day of _______________, A.D., 2018, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by ƚŚĞŽĂƌĚŽĨŽƵŶƚǇŽŵŵŝƐƐŝŽŶĞƌƐďǇƐƵďƐĞƋƵĞŶƚƌĞƐŽůƵƚŝŽŶ͘dŚŝƐĂƉƉƌŽǀĂůƐŚĂůůŝŶŶŽǁĂǇŽďůŝŐĂƚĞ'ĂƌĨŝĞůĚŽƵŶƚǇĨŽƌƚŚĞ construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: ŽƵŶƚǇůĞƌŬ County Commissioner's Certificate AMENDED PLAT NOTE: THIS AMENDED PLAT INCLUDES LANDS ADJOINING THE WESTERN HILL SUBDIVISION-PER JUDGMENT AND DECREE QUIETING TITLE AS RECORDED IN RECEPTION NO. 903023. (SEE NOTE No. 6) AMENDED MOUNTAIN SHADOW PLACE X X 230.24'35.67'FIRE-TRUCKTURN AROUNDP1P1P1P1P1P3P3P3P3P2P2P2P2P3P3NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COM 3/13/2018 - 17076 RJ/AC - G:\2017\17076\SURVEY\Survey DWGs\17076-MT SHADOW PLACE AMENDED PLAT.dwg1 inch = ft.( IN FEET )GRAPHIC SCALE0202040208010MONUMENT LEGENDSECTION CONTROL MONUMENTINDICATES FOUND MONUMENT, AS SHOWNINDICATES SET No. 5 REBAR WITH PLASTIC CAP MONUMENT-L.S. 28643NOTE:xUTILITY EASEMENT OVERLAPS INGRESS-EGRESS-EMERGENCYEASEMENT TO ALLOW INSTALLATION WITHIN.LAND USE SUMMARY:/27 $FUHV/27 $FUHV/27 $FUHV____________________________727$/ $FUHVACCESS, INGRESS, EGRESS, EMERGENCY & UTILITY EASEMENT AREAS$5($ $FUHVU.S. SURVEY FEETDRAFTAMENDED FINAL PLATSHEET 2 OF 2AMENDED PLAT NOTE:THIS AMENDED PLAT INCLUDES LANDS ADJOINING THE WESTERN HILL SUBDIVISION-PERJUDGEMENT AND DECREE QUIETING TITLE AS RECORDED IN RECEPTION NO. 903023.(SEE NOTE NO. 6 ON COVER PAGE)AMENDED MOUNTAIN SHADOW PLACE March 30, 2018 Ms Claire Dalby Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Mountain Shadow Place Lot 3 Final Amended Plat (FPAA-03-18-8624) Dear Ms Dalby, In regards to the completeness review questions #2: 1. Attached to the email 2. The access easement was enlarged slightly on the eastern side of Lot 3 to allow for the access road to be widened around the 180 degree turn. We felt this would make negotiating the turn easier. This will not impact any of the engineering nor the fire truck turn around. 3. Sopris Engineering will note where the “gap” was on the revised final plat. If you have any questions please feel free to reach out to Dave Rasmussen or myself. Thanks, Kate. Kate Schwerin (303) 250-3872 kateschwerin@gmail.com SECTION 3 urr u rr¡ llr il ¡ tr r¡tr]] Írt-rtï lrrllß.¡ttljlfflflllh ll lllReceptlon$: 9ø3164 A2l1-¿12@18 0Q;33;37 pfi Ja¡n ÂlberjcoI of 11 Rac Fee;$60.0@ oóo Faei@.örá-ıânFIELo C0UNTY C0 MOUNTAIN-SIIAD'OW PIACËSt]¡iÞIVii¡Or,¡ IIVIPNOVEM ENÏS AGREEMENT THls sUBDlVlSloN IMPR0VEMENTS AGREEMENT ("SlA") ls nrade and entered into this lZ davaf Feb''uat-g ,2e18, oy aná uetwuen cMH Homes, lnc. ("owner,,) and the B9ARD oF couNTycoMMlssloNeHs oÈ cnnrrem couNry, coLoRADo, acilng for the county of Garfield, srate ofcolorado' as a body politic and corporate, directly or through ífs authorlzed representatlves and âgents(rBOCC"). Recltalq wHEREAS' owner is the owner and developer of the Mountain shadow place subdivísion (the ;:ii:Ïi,li;låii::'i,i'å¿äääff:1fr*ffit i'î"i,ur'. records or Garrie,d countv, wHEREAS' as a condition precedent to the approval of the Final plat submitted to the Bocc asrequlred by the laws of the state of colorado and by the Garfleld county Land use and Developmentcode, as amended (nLUDc"), owner wishes to enter rnto thrs slA wrth the Bocc; and WHEREAS' owner has agreed to execute and deliver a letter of credlt or other security ln a formsatlsfactory to the Bocc to secure and guarantee owner's performance under thls Agreement and hasagreed to certaln restrlctfons and condftlons resa¡df¡ç tr'ru'r.ru "t pïãierties and issuance of buÍtdlngpermlts and certíficates of occupancy wlthln the subdlvLron, uil u, mår"?rilu ru, forth below; and WHEREAS' the Subdlvislon is subject to the Mountain shadow place subdivislon Restrlctivecovenants and cost shalile;lueement, recorded ln the publlc records or e"rr¡.lu county, colorado atRecepuo n No. 9t2,â/ ¿ç_(rh ; ;¿;;;ing oguo rc n r,, )i a n d Now' THEREFORE, ln consideratlon of the foregoing recitals and the mutual covenants andpromÌses contained herein, the Bocc and owner (,,partfes;) ,er.u;rioilo"r, Aqreement 1' FINAL PLAT APPROVAL' The Bocc hereby accepts and approves the Final plat of thesubdivision, on the date set forth above, subJect toìhe terms'al¿ cona¡ttons of thls 5lA, therequlrements of the LUDÇ and any other governmental or quasl-governmental regulatlonsapplicable to the Subdivíslon ("Flnal Plat Approval"), Recordlng oïtne gnal plat ln the records ofthe Ga¡field county clerk and Recorder shall be ln accordarice with this slA and at the tlmeprescribed hereln. 2, OWNERS PERFORMANCE AS TO "'O'U'''O" IMPROVEMENTS. a' completio{t' Date/.sqbstantial .compliance. owner shail cause to be constructed andlnstalled the - subdlvlsion tmpiãvements, identified tn the Exhibits defined insubparagraph 2.a.i., below ("Subdivision rtpau.rãntr,,) .t o*n"r, expense, includingpayment of fees required by Garfield county and/or uth", gou.rnmental and quasi-governmental entlties with regulatory jurisdlctíon over the subdivlslon. The subdivlslonlrnprovements shall be completed on or before t¡. .nu or the flrst full year followingexecution of thls 5lA ("completion Date"), in substantial compllance with the fqllowíng: l' Plans marked Approved for construcilon for all subdlvlsion lmprovemenßprepared by sopris Engineering, such plans belng summarized in the list ofdrawings attached to and m¡de u plfl oi this sn fi,rererencê as Exhlbit A; theestimate of cost of completion, certified by and ¡uåtinc the stamp of owne' s il I lll ilJrJI il, ¡rÉ,l' lt¡ fI4 [ tfi Ë l,ïil|'I, fr,It If¡'til¡l['¡À ll ll I Recept lon$ : 903164ø2tl¿l2ua Ø3:33;37 Pl'l Jsan nlb€rlco2 of 11 Rao Fae:$63.@@ ooa F€sr0,0ø GARF¡ELD CoUNTY c0 3. prolessloñal- ënpinêéi'libdäced in the State of colorado (owners Englneer),attached to and made a part of this 5lA by reference as Exhlblt s, whici;estlmate shall lnclude an additional L0% percent of the total for cóntlngencies; and all other documentation required to be submltted along with the Flnal plai under pertinent sections of the LUDC (Finar prat Documents), li. Alf laws, regulatlons, orders, resolut¡ons and requlrements of Garfield countyand ail speciar districts and any other governmentar entity or quasi- governmental authority(les) with jurisdlctlon, i¡i. The provlslons of this StA. b. satiqfaqti,o.n- of Sub_{iyl&L-tmp.¡:qvqments provtsion!. The BOCC agrees that tf allSubdivision lmprovements are constructed and lnstallecJ in accordance w¡th thlsparagraph 2, the record drawings have been submitted upon completion of thesubdlvlslon lmprovements, and all other requirements of this in have been met, thenthe owner shall be deemed to have satlsfled all terms and condltlons of the Flnal plat Documents and the LUDDc, with respect to the installation of Subdivisionlmprovements. SECURITY FOR sUBDIVISION IMPROVEMENT5 (EXCEPT RE.VEGETATION).a. Su¡Olvltt"n.tmprr . As securlty forowner's obligation to complete the Subdlvlsion rmprov-ernents, owner shall dellver tothe BoCC, on or before the date of recordlng of the Final Plat of the subdlvlslon, a Letterof credit in the form agreed to be acceptable to the Bocc, attached to and incorporatedln this SIA by reference as Exhlblt c (Loc) or ln a form consistent wlth the Unlformcommerciar code, c.R.s, 5 4-1-x.01, et seq. and approved by the Bocc. The Loc shail bein the amount of S¿43É80J$ representlng the full estimated cost of complegng theSubdlvislon lmprovements, wlth a sufflclent contlngency to cover cost changes,unforeseen costs and other varlables (not less than 107o of the esflmated cost and asapproved by the Bocc) to guarântee complet¡on of the subdlvlslon lmprovements. TheLoC shall be valld for a mlnlmum of slx (6) months beyond the Completion Date for thesubdrvrsron rmprovements set forth in paragraph 2.a., above. The Bocc, at fts soreoptlon, may permít the owner to substltute collateral other than a Letter of credit, ln aform acceptable to the BOCC, for the purpose of securing the completion of theSubdivlsion lmprovements subject of this paragraph 3.a, b' LOC Requlrements and Plat Reco[dins. The Loc requtred by thls slA shall be issued by astate or natlonal banklng lnst¡tution acceptable to the Bocc. lf the fnsHtutlon lssuingthe Loc is not llcensed in the state of colorado ancl transactlng buslness wlthin thestate of colorado, the Loc shall be conffrmed within the meàning of the uniformCommerclal Code, Letters of Credit, 4-5_101, et seq,, C.R,S., as amended, by a bank thatls llcensed to do business ln the state of Colorado, dolng buslness ln colorado, andacceptable to the Bocc. The Loc shall state that presentãtion of dratts drawn únJerthe Loc shall be at an offlce of the issuer or conflrmer located ln the state of Colorado.The Final Plat of the subdivlslon shall not be recorded unill the security, descrlbed lnthls paragraph, has been recelved and approved by the BOCC. c' Extension of Loc.Explration Date. lf the completlon Date, ldentlfied in paragraph 2.a.,above, is extended by a wr¡tten amendment to thls 5lA, tlre time perlod for the valfdityof the Loc shall be similarly extended by the owner. For each six (o) monttr ertrnsion,at the'sole optlon of the Bocc, the face amount of the LOc shall be subJect to re.certlfication by owner's Engineer of the cost of completion and revlew by the BOCC. ?{L##'tä.$rfit r[x;xg,1::1.1ly*,,, iilii - 'ÚrLgnïorieáblä LCIc'-'Should'tne-r-oc expire or become void or unenforceable for anyreason, including bankruptcy of the owner or the financial institut¡on lssuing orconfirming the LOc, prior to the BOcC's approval of Owner,s Engineer,s certlfication ofcompletion of the subdivision lmprovements, thls slA shall become void and of no forceand effect and the Final plat shafI be vacated pursuant to the terms of rhis slA, egüteßeleeågg_ef_g9gullU. owner may request partlal releases of the Loc, and shall doso by means of submission to the Building and planning Department of a ,,written Request for Partial Release of Loc", in the form attached to and incorporated by thísreference as Exhiblt D, accompanled by the owner,s Englneer,s ,trrp.o certificate ofpartial completion of improvements. The Owner's Engineer's seat shall certify that thesubdivision lmprovements have been constructed ln accordance with the regu¡rementsof this slA, including all Flnal plat Documents. owner rnay also request release for aportion of the security upon proof that 1) owner has a valid contract with a public utilitycompany regulated by the Colorado Publlc Utllitles Commission obllgatlng suchcompany to install certaln utllity lines; and 2) owner has paid to the utllity company rhecost of Ínstallation as required by the contract. The BOCC shall authoiize successivereleases of portlons of the face amount of the Loc as portlons of the subdivision lmprovements, dealt wlth in this paragraph 3, are cerilfied as complete to the Bocc bythe owner's Englneer and said certification is approved by the Bocc. Bocc's lnvestisgtlon. Notwíthstandlng the foregoing, upon submlsslon of the owner,swritten Request for partlal Release of LoÇ along wlth owner,s Engineer,s certlficate ofpartlal completion of lmprovements, the BOCC rnay revíew the certlfication and may¡nspect and revlew the Subdivislon lmprbvements certifled as complete to determlnewhether or not they have been constructed ln compllance wlth relevant specifications, as follows: d e, f_ l.lf no letter of potentíal defrciency is furnrshed to owner by the Bocc wrthrnfifteen (15) buslness days of submlsslon of owner,s wrltten Reguest for partlal Release of Loc, accompanied by owner's Engíneer's certrfrcate of partiarcompletion of improvements, aI subdlvisron rmprovements certrfied ascomplete shall be deemed approved by the Bocc, and the Bocc shall authorlze release of the appropriate amount of securlty. lf the Bocc chooses to lnspect and determines that ail or a portron of thesubdivision lmprovements certlfled as complete are not in compllance with therelevant speciflcations, the Bocc shail furnish a retter of potentrar defrciency tothe owner, withín fifteen (1s) business days of submlsslon of owner,s wr¡ttenRequest for Partial Release of LOC, accompanled by Owner,s Englneer,scertlf¡cete of partial compleuon of lmprovements, lf a letter of potentlal deficiency is issued identifying a portíon of the cerdfledsubdlvlsíon rmprovements as potentiaily defrcrent, then ail subdrvrsronlmprovements not ldentified as potentlally deficient shall be deemed approvedby the Bocc, and the Bocc shail authorrze rerease of the amount of securrtyrelated to the subdlvision rmprovements certifled as complete ,nc notldentlfled as potentially deficient. with respect to subdivlsion lmprovements identified as potentlally defícient in aletter of potentlal deflciency, the Bocc shall have thirty (30) days from the dateof the letter to comprete the initiar investigatron, begun undår subparagraph3.f.ii., above, and provide wrftten confrrmatron of the deffciency¡iÅs¡ to ttreOwner. lf the BOCC finds that the Subdlvlslon lmprovements are complete, incompliance with the rerevant specifrcatrons, then the appropriate amount of ¡t. ilt, lv, v. rrll lff 'rllr'r'.r' I¡dl filll'l ullllfil¡l! lïllfl llllT'E]îIfÀ ll ll IRecepüIonfl:903f64qzll2l.2ø18 03¡33r37 PII Jean Êlberico4 of ll Rea Fas¡S63.Ø0 Dıı-Feäi@lbö-ıÊRF¡ELD coUNTy Co Sêêtuiity- shâll-bè'äutnitTized for release within ren (10) business days aftercompletíon of such investigation, r. Eo$_compl-e_tlsn"-ailap.raLe-m-enls_a0d_Ql[er_Semedþg. tf the Bocc finds, wíthin thethirty (30) day period of time, deflned in subparagraplr s.i.iv. above, that the subclivision lmprovements are not complete, or if the BOCC determines that the owner wlll not or cannot construct any or all of the subdivision lmprovement$, whether or not owner hassubmltted a written reguest for release of Loc, the Bocc may withdraw and employfrom the Loc such funds as may be necessary to construct the subdivisionlmprovements ín accordance with the specificatlons, up to the face amount orremalnlng face amount of the LOC, ln such event, the BOCC shall make a written flnding regarding owner's failure to comply with thls slA prior to requesgng payment from theLoc, ¡n accordance with the provisions of Artlcle 13 of the LuDc. ln lleu of or ln addltionto drawing on the Loc, the BpCC may bring an action for lnjunctive relief or damagesfor the owner's failure to adhere to the provislons of thls SIA regarding Subdivislonlmprovements, The BOCC shall provlde the owner a reasonable time to cure anyidentified deficiency(ies) prior to requesting payment from the Loc or fillng a clvilaction. h' Final Release of Sqcurifv, Upon completion of all Subdivlsion lmprovements, owner shall submit to the Bocc, through the Community Development Department: 1) record drawings bearlng the stamp of owner's Engineer certifying that all Subdivlslon lmprovements have been constructed ln accordance wlth the requirements of thls slA, includlng all Final Plat Documents, in hard copy and dlgital format acceptable to theBocc; and 2) a Wr¡tten Request for Final Release of Loc, in the form attached to andlncorporated herein as Exhibit E, along with Owner's Englneer,s stamp and certificate offinal completion of lmprovements.l. The BOCC shall authorlze a flnal release of the LoC after the Subdlvfslon lmprovements are certlfled as ffnal to the BOCC by the Owner,s Engineer and said flnal certlffcatlon is approved by the BOCC, lf the BOCC finds that theSubdivlsion lmprovements are complete, ln accordance with the relevant speclfications, the BOCC shall authorlze release of the flnal amqunt of securlty,wlthin ten (10) business days following submlsslon of the Owner,s Wrltten Request for Flnal Release of Loc accompanied by the other documents reguired by thls paragraph 3.h.¡i. Notwithstanding the foregoing, upon owner's Written Request for Final Releaseof LoÇ accompanied by owner's Engineer's certificate of final completion ofImprov€ments, the Bocc may lnspect and revlew the subdivision lmprovements certrffed as comprete. rf the BOcc does so review and inspect, the process contalned ln paragraph 8.f,, above, shall be followed.¡¡¡' lf the BOcc flnds that the Subdivlsion lmprovements are complete, ln accordsnce with the relevant speciflcatlons, thê BOCC shall authoiize final release of securlty withln ten (10) days after completlon of such ¡nvestlga¡on.iv' lf the Bocc finds that the Subdivision lmprovements are not complete, ln accordance wlth the relevant speclficatlons, the BOCC may complete remaining Subdivision lmprovements, or ¡nstitute court actlon ln accordance with theprocess outllned in paragraph 3.g., above. WATER SUPPLY IAND WASTEWATER coLLEcTloN. As stated below, prior ro lssuance by theBOCC of any certificates of occupancy for any resfdences or othlr habitable struciuresconstructed wlthin the Subdivision, owner shall fnstall, connect and make operable a watersupply and distribution system for potable water and a wastewater/sewer collectlon system lnaccordance with approved plans and specifications. All easements and rlghts-of-".y nå..rr.ry 4. â,ï41;å",i'',i,1åi:;i äi *ä:::ll :ï::: "'' 5 6. 8. 9. 7 tor lnstallatlorì, L'pefdtrun, ÞrrvrLr o". maintenance of such water supply and d¡str¡butionsystem(s) and wastewater collection system shall be as shown on the Final plat. All facilities andequipment containecl within the water supply and wastewater collection system(s) shall betransferred by owner to the Lot owners by bill of sale and managed pursuant to the costSharing Agreement. lf a third party water or sewer service entity requires warranty of thesystem(s), owner shall provide proof to the Bocc that such warranty is in effect and, if necessary, has been assigned. PUBLIC RoADs. All roads within the Subdlvision shall be dedicated by the owner to the publlc as publíc rights'of'way and shall be accepted by the BOCC, on behalf oi the publlc, on the face ofthe Final Plat. The owners lots of the Subdívlslon shall be solely responsible for themalntenance, repalr and upkeep of sald roads pursuant to the cost sharing Agreement. TheBocc shall not be obligated to malntain any road rlghts-of-way wlthln the subdivision, PUBtlc urltlrY RlcHTs-oF-wAY. whether or not utllity easements exist elsewhere in theSubdivlsion, all road rlghts-of-way within the Subdlvision shalt conta¡n rlghts-of-way forinstallation and maintenance of utilities, Public utility easements shall be dedicated by theowner to the publlc utillties on the face of the Final Plat, subject to the Garfleld county Roadand Rlght-of-Way Use Regulations, recorded as Reception No.643472, in the records of theGarfield county Clerk and Recorder, as amended. Pursuant to the Cost iharlng Agreement, theowners of Lots shall be solely responsible'for the malntenance, repalr and upkÀefof said publlcutility easements, unless otherwlse agreed to wlth the pubtic utittty company(les). The BoCCshall not be obllgated for the maintenance, repalr and upkeep of any utility easement within thesubdlvislon. ln the event a utlllty company, whether publicly oi prlvately owned, requiresconveyânce of the easements dedlcated on the face of the Flnal plat by separate document,owner shall execute and record the requrred conveyance documents. INDEMNITY. The owner shall lndemnlfy and hold the Bocc harmless and defend the Boccfrom all claims which may arise as a result of the owner's installatlon of the Subdlvlslonlmprovements and any other agreement or obligatlon of owner, related to development of theSubdivisíon, required pursuant to thls SlA. The owner, however, does not lndemnify the Boccfor claims made assertlng that the standards imposed by the Bocc are lmproper or the cause ofthê inJury ässerted, or from clalms whlch may arise from the negllgent acts or omlsslons of theBocc or lts employees. The Bocc shall notlfy the owner of recãtpì by the Bocc of a notice ofclalm or a notlce of lntent to sue, and the Bocc shall afford the ownei the opflon ofdefending any such clalm or act¡on. Fallure to notify and provide such wrltten optlon to the owner shallextingulsh the Boccs rlghts under thls paragraph. Nothlng ln this paragraph shall be construedto constitute a walver of governmental lmmunity granted to the Bocc Ày Colorado statutes andcase law. RoAD lMPAcr FEE. Road lmpact Fees will be due at the time of buildtng permtt and will beassessqd in relation to the square footage end type of dwelling unit or other structure that isproposed. FEES lN tlEu oF DEDICATION oF scHool [AND. owner shall make a cash deposlt in lieu ofdedicatlng land to the RE'l School Dlstrict, calculated in accordance wlth the LUDC and therequirementsofstatelaw, Theowner,therefore,shall paytotheGarfleldcountyTreasurer,at or prlor to the tfme of recording of the Final Plat $ß,680.54 as a payment ln lieu of dedicationof land to the RE-1 School District. sald fee shall be transferreå oy tlre oocc to the schooldistrict in accordance with the provisions of 30-2g-133, c.R,s,, as urund.d, and the LUDC, 10. lilt The owner agr"ur thal-it is óirligatea to pay the above-stated fee, accepts such obligatlons, and walves any claim that owner is not required to pay the cash in lieu of land dedicatlon fee. The owner agrees that owner wlll not claim, nor is owner entitled to claim, subsequent to recording of the Flnal plat of the subdivision, a relmbursement of the fee ln lieu of lancl dedlcatlon to the RE-1 school District. SALE oF Lors. No lots, tracts, or parcels within the subdivision may be separately conveyed prlor to recording of the Final plar in the records of the Garfield county Clerk and Recorder. BUILDING PERMlrs AND cERTtFtcATEs oF occupANcy. As one remedy for breach of this 5lA, the Bocc may wlthhold lssuance of bulldlng permlts for any resldence or other habitable structure to be constructed wlth¡n the subdivision. Further, no building permlt shall be lssued unless the owner demonstrates to the satlsfactlon of the Glenwood Springs Fire Prqtectlon District (oistrlct), ¡f the Flre D¡str¡ct has so required, that there is adequate water available to the construct¡on site for the District's purposes [and all applicable District fees have been paid to the District], No certlficates of occupancy shall issue for any habÍtable building or structure, including residences, within the subdivision until all subdivislon lrnprovements have been completed and are operatlonal as requlred by thls SlA. coNsENT To vAcATE PLAT. ln the evenr the owner fails to comply w¡th the terms of th¡s slA, the Bocc shall have the ability to vacate the Final plat as it pertains to any lots for which building permlts have not been issued. As to lots for whlch building permits have been issued, the plat shall not be vacated and shall remain valid. ln such event, the owner shall provlde the Bocc a plat, suitable for recordlng, showlng the location by surveyed legal descrÍption of any portion of the Flnal plat so vacated by actlon of the Bocc. lf such a plat ls not signed by the Bocc and recorded, or lf such Plat ¡s not provlded by the owner, the Bocc may vacate the Flnal Plat, or portlons thereof, by resolution ENFORCEMENT. ln addítlon to any rights provlded by colorado statute, the wlthholding of buildlng permits and certificates of occupancy, provlded for fn paragraph 11, above, the prov¡sions for release of securlt¡ detailed in paragraph 3, above, and the provislons for plat vacãtlon, detafled in paragraph 1q, abwe, lt is mutually agreed by the Bocc and the owner, that the Bocc, without maklng an election of remedles, and any purchaser of any lot within the subdivision shall havethe ,authority to bring an actfon ln the Garfield county Distrlct court to compel enforcement of this SlA. Nothlng in this slA, however, shall be ínterpreted to require the BOCC to brlng an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Flnal Plat or a portion thereof, nor shall this paragraph or any other provislon of this slA be lnterpreted to permit the purchaser of a lot to file an action agafnst the BOCC. NOTICE BY RECORDATION. This SIA shall be recorded ln the Office of the Garfield county clerk and Recorder and shall be a covenant runnlng wlth tltle to all lots, tracts and parcels wlthln the Subdlvision. Such recording shall constltute notfce to prospective purchasers and other interested persons as to the'terms and provisions x1. L2 13. 14. Bnqil',ffifffi '#Tlllä:i:: :::'::::1'''' x5. of this 5lA, succEssoRs AND Assr6Ns. The obligations and rights contained herein shall bebinding upon and inure to the benefit of the successors and asslgns of the owner and the BOCC. coNTRAcrADMlNlsrRATtoN AND NoÏcE pRovlsloNs. The representatives of the owner and the Bocc, fdentified below, are authorized as contract admlnistrators and notice reciplents. Notlces requlred or permitted by this slA shall be ¡n writing and shall be effective upon the date of delívery, or attempted dellvery if dellvery is refused, Delivery shall be macle in person, by certifled return receipt rLquested u.s.Mail, receipted delivery service, or facsimile transmlssion, addressed to the authorized representatives of the Bocc and the owner at the address or facsimile number set forth below: Owner:CMH Homes, lnc. c/o Shawn Ruse 5000 ClaytcJn Road, Maryville, TN 37804 16. BOCC: Board of County Commissioners of Garfleld County, Colorado c/o Communlty Development Director 108 8th Street, Sulte 401 Glenwood Sprlngs, CO 81601 Phone: (970) 945-SZXZ Fax: (970) 384-3470 t7'' AMENDMENT AND SUBSTITUTION oF SECUR|TY. Thls 5lA may be modtfted, but only tn writing signed by the partles hereto, as their interests then appear, Any such amendment, lncludlng, byway of example, extens¡on of the Compleüon Date, subsfltutlon of the form of securlty, orapproval of a change in the identity of the security provider/issuer, shall be considered by theBocc at a scheduled public meetlng. lf such an amendment includes a change in the identity ofthe provlder/issuer of securlty, due to a conveyance of the subdlvtston b'y if,"-ó*nur'to .successor ln interest, owner shall provlde a copy of the recorded assignment document(s) to theBocc, along with the orlginal security lnstrument. Notwithstanding the foregoing, thå partlesmay change the identlficatlon of notice reclpients and contract admlnistratori anã tn" àntactlnformation provided in paragraph 18, above, ln accordance wlth the provlslons of thetparagraph and wlthout formal amendment of this slA and without conslderatlon at a Boccmeetlng, 18' CoUNTERPARTS. This 5lA may be executed ín counterparts, each of which shall be deemed anorlginal, and all of which, when taken together, shall be deemed one and the same lnstrument. 19' VENUE AND JURlsDlcrloN. Venue and jurísdiction for any cause arlsing out of or related to thisslA shall lie with the District court of Garfield county, colorado, and this slA shall be construedaccording to the laws of the State of Colorado. ?g"H#$[i*ir#xili*i*i:::,il**üril, lN wlrNEss WHEREOF, the parties have slgned thls slA to be effectlve upon the date of Ftnal plat Approval for the Subdtvtslon. BOARD oF couNTY coMMlSSloNERs oF GARFIEID couNTy, coLoRADO ATTEST: By: to the Board Date: OWNER By: Name: Tltle: Date: bn srATE oF Ct hra¿o ) )ss. couNTYoF rytrjû- ) Subscrlbed and sworn to before me by ßr.,an authorlzed representatlve of daV of , (lu¿rnhtr . ..,ZOIL. WITNESS my hand and offtcialseal. My commission explres:N Colorado Þ # 20094 025007 illl tl!['[UrïL[¡ll{/ä ltlt lhtl¡iûrl,ltllt U¡ n'ñ't,,1, il lllR€c€Þt¡on$:903164 g'¿l'?l?'å9"0Êå:?itl.ãt oi;"p"!lå:¿ó"Ecnr¡ELo cou¡ry co EXHIBIT A CÁir,c¡jÉ¡M ¡rù¡oH-r¡¡Jù Írr Éffi rù¡rprùd¡Prù,",q sr¡Ìûùæ ¡Û.ti,i¡*¡. o.,*"*.o- ¡t,ïËÌiå.ii.¡#l.i¡*ti.?'u*1t!1qh¡rfd'Èqd "¡ffiffiÊffi,fr'#fiffiiffiffir*. fVIOUNTAIN SHADOW PLACE couuty oF ßaRFtÍLo, srlfE oF çolofr/ioo, .{rdûùÀ3dturt úû.¡h.iúdi,hrra,a( (qqgü'!@ oÍ0t-qJ_Â&üt aeM lñF'd¡q4ÈtÈ.¡ú.rh{d¡!ñrttrrÞd&rd¡¡u{ ¡f Þ¡úd/,d¡nrrrùqD,i¡i!.rih!. ¡ı6{o.tudDt Þdll@! htu*dDh¡'rHdndúLtr_¡\þn. FfÎEEıttf?¡r¡ñffitffiBm¡rtId0þMr,GMf.ü. H#Ts$:1j¿T{v*rrfr ffi ieÊÉ¡:l \: ' ': ."' '" M&affidrtß&t -trtflllnm*NOIITI| e ¡qoraãB!ûo ffitrd&ew.¡¡l* tJ i'lliJ l,ll¡lll¡lt# iütl g',,¿ !l ll I Jâ¡n nlb6rloooo. FoBro.oo qâRIr¡ELo cotrNly CO am¡¡& "Åeå. SHADOW PTACE únt P.frt, üOUilfâtN SXIO0W 0nVE lLt "tw i l{/¡sff nrv r.,n a.ç,{uaolylt/pry ! : I i I ¡l ål fl rl ",*_rl ,:lrr&,, ¿€66/VD Wtæ**'** ffi!F*o*t ffim.,xtur". Y***. ml{gmfifiäs¡låfiB$ød @e¡r@ <Þ sqsqq¡" @ a @ı¡iÐlissiM4üruM{*' -d[ÌÞ,Lt{oRtH @¡it{th¡sd*:*:t:::¡ lðffi MOUNTAII.I SHAOOW SUBOIVISION $É Job f¡ 17078 Novoúbor 1orh, A0tz EXHTBIT B Engineors Op¡nlon of Probable Costs =fô -9ãÈ[Iã =*o -, itrilþ .-(JlnoI atô --¿. L .ia: 3e ¡r- (l-!t t- c*]Ë!å-{ ': =oEq=t9-SEäqì? Ëıq,Ë Ë+ei:ÊEi:J*{-æ FTï -Y\- VNFlE.t- N0t0: Tltl6,oplnlon 0fptobabto cost t¡,,ås pfspafed fof budssl putposss.only, soprls Enginesln0, LLC, cannol l¡o held responslble for varlances from lhli egllmaro âo n"rüii !ãä.ãy uu'ri,rru ro ai,r und market nuclua¡ons, lTÉH NÂTUNE OF IVORI(QUANYIIV UNIT uNll cosT tTErt .,oB tÀl l¿oBtLtu ltot,l L s 5.tx¡fl.tloilvutst9 uuN [{ul,*-*--tır] ¡;2.5üJ.OO B" TAPPING SLEEVÉ A¡\¡D VALVÉ ËA s 3 Sollfxllt74'riP 1{m s 7.70ô.00 u,t 3 L¡s 1000.00 s 3.0óo-o0t52EACTIs.coo.oo 3.000.00 s 7 2àOS8 !tt 4sFrñtrtffi-=j:_! 1¡ a7s,i: çl,Ass 6 ÁEc c-Y.I ¿-¡ll0¡lì 2.c.v.g ¡o.am.ms{LS E t.600.o0 s l.¡dooo E'I{JSIgN CONfROL L. t 2.50O,OO ef '''."1"1'ri.-:t-:-cr.000-00 I d 00ô100 ;6ES!6.OOO.U) 10t,070.06 4,öirt.ðþ 1¡076 COST ëST20l7l0.t0.Rl! llll'lllrrl'Flfrrìl Hl¡,ltrl t{rt þ r|ll+il[JFt¡trl 'l {rlïl' ll lll Receotlonä:903165 ',i *ïFl"lz pzå?8å8' rã'0"i"Ê!.1å?3ã t EEnr r ELD couNr y co THTS RËSTRICTIVE COVENANTS AND COST SHARINq AGRË,EMENT (thE "Agreement") is entered into this ? 7 day of 4^nvnr,:î , 201fby and between CMH Homes, Inc. ("Developer"), whose address is 5000 Clalton Road, Maryville, TN 37804. MOUNTAIN SHADO\ry PLACE SUBDIVISION RËSTRICTIVE COVENANTS AND COST SHARING AGREEMENT WITNESSETH: WHEREAS, Developer owns three parcels of real property in Garfield Coutlty, Colorado refemed to as Lot L, Lot i, and Lot 3 as depicted and described on the Final Plat for the Mountail Shadow Place Subdivision, recorded in the public records of Garfield County' Colorado at Rec.eption No.9c ,/â4 (the "Final Plat"); WHEREAS, as part of approval for developffìent, Developer entered a Subdivision lmprovement Reception No. 1n the public recorcls of Garfield County, Colorado at (the "SIA"); WHEREAS, Lot l, Lot2, and Lot 3 (collectively the o'Lots'2) are accessedby an access easement extending from Mountain Shadow Drivc, as depicted on the Final Plat (collectively. the "Access Easet¡ent"); WHER-EAS, as depicted on the Final Plat, there are parking easements dedicated to each individual Lot for the use of the respective Lot; WHEREAS, further, there are common utilities serving the [,ots, as depicted on the Final Plat and described in the SIA, including but not limited to the Sewer Easement ("Utilities"); WHEREAS, a requirement of the Mountain Shadow Place Subdivision as approved by Garfielcl Courrty was recordation of an Agreement to address cost sharing, restrictive coveltânts, and the like; WHËREAS, Developer wishes to set forth ancl memorialize the rights and obligations of cunent and future owners and assigns of the Lots regarding operation, ntaintenance, repair, replacement, and improvement of portions of the Access Easetnent, r-rtilities, and other issues; ancl WHERAS Developer also wishes to set forth certain restrictive covenants to encumber the Lots, as required by Garfield County. NOW, THEREFORE, in consideration of the foregoing promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby state, covenant and declare as follows: {r 1. Recitals. The foregoing recitals are hereby incorporated by this refefence. ?i#it,${iffif ffi Tii i5ij : r{'# rr {r' tú L,, ¡oc ¡ee;@,Ø@ CARFIELD COUNTY C0 2. Dedication of Easement, The Access Easement for the access and for the use and benetìt of the Lots is clepicted on and created pursuant to the Final Plat, The provisions of the Final Plat related to such easement are incorporated herein, The Access Easement may expressly be used by the public for access to Lot l,Lol2, and Lot 3. 3. Çgst_Shartng- Açqe_$g*Eassmgnt. The owners of Lot l, Lot 2,and Lot 3 shall each pay one-third (1/3) of the costs of operation, maintenance, repair, replaccment, and improvement of that portion of Access Easement and any improvements located thereon. Approval of any operation, maintenance, repair, replacement, and improvement activity shall be tnade in advance by the owners of at least two (2) of the Lots. 4. Çggt-Sl1agtg- Utilitigq. The Utilities, including any easements therefor, are located on the Lots and for the use and benefit of the Lots, as depicted on the Final Plat and described in the SlA. The cost of any maintenance, repair, replacement, or improvement of the Utilities that benefits a1l of the Lots shall be allocated equally between the Lots (e.g. waterline from the propefty line to cach seruice line branching from the rnain). Maintenance, repair, replacement, and improvement of the Utilities benefitting any single Lot (either Lot l, Lol 2, or Lot 3) shall be the responsibility of the owner of the Lot served and the cost thereof shall be allocated to tliat Lot only (e.g, water line from main to the Lot; individual sewer line). 5. Parkiqg on Lots and Parking Eas-e-!ûgg!g. The Final Plat depicts parking for each Lot and creates easements related to parking for each lot, specifìcally: "Parking Easement Dedícated to Lot l; "Parking Easement l)edicated to Lot 2;" and "Parking Easement Dedicated to Lot 3." The owner of a Lot shall be resporrsible for the maintenance, repair, replacement, and improvcment, and costs thereof, of the parking spaces located on such lot and for the parking speice ded.icated to such lot pursuant to a parking easement depicted on the Final Plat. 6' R"evegçlatlq¡f. Any porlion of the Lots that is disturbed due to such maintenance, repair, replacement, and improvement shall be promptly compacted and revegetated, including replacement of size and type of trees, grasses and other landscaping, with such costs associated as the cost of the work causing such disturbance v/as allocated. 7. P¿y![ent Terms. Any payment due to any party subject to this Agreement shall be due and payable, in fttll, thirty (30) days fi'orl notice thereof. If payment is rrot receivecl by said due date, the party or parties to whom said payrnent is owned may file a lien for the amount owed against tire Lot owned by the parfy or parties in anears. Said lien may be foreclosed in any ntanner provided for by law, and recording of this Agreement in the a b 2 ,i11.,q{ï|!f üf.ü,þ,Tt$:,1#Hi't'rr*h'*r*r'IIIIt real property records of Garfield Counfy shall be the only act necessaty to perfect filing ofsaid lien I Agreemçgl=le-lg¡çmgdy To the extent permitted by applicable law, the owners of the ñtd;;rh ¿n "indernnifying party") agree to indemnify, defend and hold the other Lot o*nri (each an "indemnifieã party") harmless from and against al1 losses, claims, derruncli, tia6ilities, injurics, áo*og"* ancl expenses, including, withottt lirnitation, reasonable attorneys' feãs and court costs, that an indernnified party may suffer or incur as a result of the use, occupancy and possession of the Access E,asement by the i¡ileprnifying party, its agents, visitors, invitees, licensees, successors and assigns or by reason of breach of this Agreement. 9. Olher- Çgy-e¡aliq tglldiü,q4ç-aud Åqst¡iction . Each of the Lots shall be subject to the following covenants, conditions, and restrictions: a. Wildlife Control: i. Residents shall use bear-proof trash containers, or create a bear- proof centralized trash pick-up location' ii. New residents ale to follow "bear aware" practices including: feeding pets i¡doors and storing pet food indoors, cleaning BBQ grills after use, removing bird feeders during summer months and/or at night, only placing trash out on morning of pick-up (unless in a bear-proof container), not composting food waste outside (unless in a bear proof container) etc iii. Plariting of fruit, berry, and nut producing trees and shmbs in the landscaping strall be prohibited. b. Noxious or Hazardous Endeavors: Potentially hazardous materials such as paints, oils, pesticides, or fertilizers should be stored properly to prevent them from entering groundwater suppiies. As well as owners sh¿ll not use noxious or hazardous materials on Lots. ii. Noxious and hazardous defrned as any item causing pefmanent harm to hurrans, animals or soil. l0.Ç-@tlreLand'EachandeveryobligationofeachowneroftheLots contained herein is made for the benefrt of the other. AlL of the provisions of this Agreement shall be deemed a covenant running with the land pursuant to applicable law, and shall be binding r.rpon the sllccessors and assigns of all future owners of the Lots. A Lot owner's rights hereunder may not bc conveyed separately from his or her Lot, and the 3 llf -filT üIil llül'll flh It I / ¡ I {it t{il F lt d I r¡tt h' ¡þ h,t t I I I IReceptlonfl: 9ø3165 n''"1''"'g!2 P3¿ ?8¿8 1rã\"i"Ê!.1å?86' EERF r ELD c.uNT y c o cüuveyancc ul a Lut sllall autor¡ratir.ally uurìvey as well such Lr¡t o'wlter's rights and obligations under this Agreement. Notwithstanding the foregoing, if any said owner sells all or any porlion of its interest in property subject to this Agreement, such party shall thereupon be released and discharged from any and all obligations in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable fbr all obligations arising under this Agreement prior to the sale and conveyance of title. The new ownel' of any such Lot or portion thereof (including, without lirnitation, anyone who acquires its interest by foreclosure, trustee sale or otherwise) shall be liable fol all obligations arising under this Agreement with respect to such property or portion thereof after the date of sale and conveyance of title. This Agreement, and any amendments thereto, shall be recorded in the Garfield County Clerk and Recorder's Office. 11. Np4:Mç_¡ge-{,el Ea¡ç¡nçnt. This Agreement is entered as a requirement of subdivision irnposed by Garfield County. Regardless of the curient ownership of the Lots, neither theAccess Easetnent, other easements created by the Final Plat, nor the terms of this Agreement shall be deemed to have merged into the title of tlie Lots. I 2. þn1g$þ. In the event of any violation or threatened violation by any party of any of the provisions of this Agreement, the party not in violation hereof shall have the right to enjoin such violation or threatened violation by proceeding in the District Court of Garfield Counfy. The right of injunction and speciflrc performance shall be in addition to all other remedies set forth in this Agreement or provided by law. 13. _Waiver. The failure of a party to insist upon strict perfomrance of any of the provisions contained in this Agreement shall not be deemed a waiver of any rights or remedies that such party may have, and shall not be deemed a waiver of any subsequent breach or default of the perfomrance of any of the obligations contained herein for the same or âny other pafty. 14. A¡llomgflflçe-s. In the event âny party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the non-prevailing party in any such action or proceeding its reasonable costs and attorneys' fees, including its reasonable costs and attorneys' f'ees on any appeal. 15. No Parl¡eëhip-Ç¡:ç_ated. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, paftnership, or any other sin'rilar relationship between the parties 16,8S!Sppql-ÇgÍtfiC419, Each palty, so long as it has an interest in the propert¡r encumbered by this Agreement, agrees within 14 days of receipt of written request from the other party to certify in writing for a respective purchaser or lien holder that this Agreement is in full fbrce and effect, that it has not been amended except as set forth in such certificate and that the other party is not in default of any of the terms, covenants, conditions, or 4 ¡ I I I tr,r rr li E ltî{H [ ilfi lll { hr ]l lrïf HT¡' lfi I ill h'}' I I I I I Receptlon$: 903165 ø2t 1il?ø1A Ø3:33 r 37 Pl'l Jèân nlben ico 5-;i-¿t-Ràð Fãe'SaA.øø Doc Fee:@.Ø0 GnRFIELD G0UNTY C0 agreements oontained in this Agreement (or, if a default does exist, specifying the nature of such default), 17. Tg¡¡¡. This Agreement shall continue in perpetuity. 18. Notices. All notices to be given hereunder shall be in writing, and may be given, served or t"uO" by depositing the same in the United States rnail properly addressecl, postpaid a¡d registered -or certlflred with return receipt requested or by delivering the same in person io the said authorized representative of such parry. Notice deposited in the mail in àccordance with the provisions hereof shall be effective unless otherwise stated in this Agreement from and aftel the third day next following the date post-marked on the envelope containing such notice, or when acttrally received, whichever is earlier. I g . Hç_adiryg. T'he headings of the various Paragraphs of this Agreement have been inserte d for reference only and shall not have the effect of modifying, amending or changing the express tems and provisions of this Agreement. 20. SSygAþj{y. In any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section, or the application thereof. is in any circumstances invalidaied, such invalidity shall not affect the validity of the remainder of this Agreenrent and the application of such provision in any other circumstances shall not be affected thereby. 21, Entire g-g¡eem_e¡1t. This Agreement shall constitute the entire agreenrent between the owners of the Lots with respect to the subject matter described herein. No representations or warranties of any nature have been made by any suoh owner, and no party has entered into this Agreement in reliance upon any such representations or wananties, except as expressly set forth herein. No variations or modifications of, or amendments to, the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties hereto. 22.QqVSrulne_lgw. lt is the intention of the undersigned hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the parties hereunder shall be detennined in accordance with the laws of the State of Colorado. Any action related to this Agreement shall be brought in Garflreld County, Colorado 5 l||l^tJ![Uil lJI[ lï¡¡ tlhr L, tJ: ll [,r !# f M,r tJlJ [,ri, I I I I I äff ?:'sJïËå, 3fu'8lïå',": "Ë!" råf 66, EE*, r ELD couN Ty co ) ) ss. ) tT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date fïrst abovc written, CMH By: Name Title: Date: STATE OF C"b¡¿ca.lu t COUNTY OF J&As.snr Subscribed and swoll to before lne this A"i\ clay of ShÀ{rrr+r.4/ 201_, by AS of CMH Hômes,Inc. Notary Public \1*\¿-rLr a A'rn4l VALERIE A. DÖil,tET NIOTARY PUBLIC STATE OF COLORADO NOTARY tD f20044015384 tommission Exphes Junc 12,2020 6