Loading...
HomeMy WebLinkAbout1.0 ApplicationGarfield County RECEIVED Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com ·APR 02 20t ocou i GARF \~ o EVE LO ?MEl\·1 cotAtAUNI , , ,_!~F SUBDIVISION/EXEMPTION · Minor Subdivision Major Subdivision D Sketch D Preliminary D Final Conservation Subdivision D Yield D Sketch D Preliminary D Final D Time Extension INVOLVED PARTIES Owner/ Applicant -· D 1il D D D DIVISIONS OF LAND APPLICATION FORM Preliminary Plan Amendment Final Plat Amendment Common Interest Community Subdivision Public/County Road Split Exemption Rural Land Development Exemption Name: ----'--':......UO~=i--'-""'--""o<...+>«=::;__;=c.=...~----Phone: ( 17v ) 3o'i -J l 0 L.-\ Mailing Address : ~L.-'<-~~'-"-----'-"=----"-'u....:.."'-'-"1F""""-,_._.._~'---==------------- City: ('-'\o.,4 (,..\-e State: Cu Zip Code: _S-......\b __ t;._:J ___ _ E-mail: W < ;00e Cu11t~ a:::-·.l. ~ Representative (Authorization Requ,ired) Name: 1) e.lo ra_ Cl .. ~ l c.e Mailing Address: o<.l a 0 YY\-::J't\,) Ro\ City: Cav-bc9nd al:<. State: Co Zip code:_-&_\ ll_d._3 __ _ E-mail : debnc. e ':1r:=J~ © j Ma+..Q. ~ vY\ ----'=-------------------! PROJECT NAME AND LOCATION Project Name: ; 't"'-d..e P\"\-~ LJ; ~-\-~ J-~ fV\~N $.,\J,\••i1~'1 "'-. ~~ -l-1 h .3 0 ~ y 0 " 0 Li s- Assessor's Parcel Number: _AJ:l._Jz._1._ -~.l_..!:1_-Q_~ -..Q.~k_ Physical/Street Address: 4 1..v M "'S >J R..txJ.. 0-r\o~ .. Lle._ LD 9J \f»Z, 1 Legal Description: S ec \_: l""-S "I e5> ~ 0~ W Zone District: --'-g_v.r_~_\ _________ Property Size (acres): ______ _ Project Description Existing Use: ~ i AL\ J> ~~ w... \\J V't"'_(i ~I " , o _ P..i 'c:...\.( o.--WV-.k -I nf ~ .\<) J t..U--=-\ "·\,._4_ . I Proposed Use (From Use Table 3-403): """'-€~ 'f,"-\ P\~ ~ &,.. /.r()\~\.';, \~ Description of Project: ___.p_f--'o,.~ __ \i+--.,..e.,-l.-_r._~_0-+--°'---~-\-.;....__-:.\ ~..:....\ "'-€..--=-~--+~+-v..::...s\-1_~_-'-",~'--- ~~~"JS \t ~-e.. ) ·~ Co-.-c\s-.--~J 4-S ~.e.. ~""-\1 Proposed Development Area Land Use Type # of Lots Acreage Parking --~1-------+----'--"'----l-----'-.:..:.:..:..:~--I Single Family ~ -=----~-------4----~ -Duplex -------~------·------~~-------~------~ Multi-Family Commercial Industrial Open Space Other -----~ ---------- Total REQUEST FOR WAIVERS Submission Requirements {ti(_ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: JS --:i:. ...... fro \.·e.~ :s~\ Section : ____________ _ Section: Section :------------- Waiver of Standards Ll The Applicant is requesting a Waiver of Standards per Section 4-118. List : Section: Section:------------- Section:------------Section:------------- I have read the statements above and have provide quired attached information which is J · 2D · 2 DI <6 Date OFFICIAL USE ONLY File Number: C \7 A-~ . i fo 3 l_ Fee Paid:$._..:...\ O_b_. o_o ____ _ Amended Final Platte for Lots A and B of the MJN Subdivision Exemption It is understood between the two concerned parties (Lot Owners) that there is need for a previously recorded Boundary Line Adjustment to be updated and added to the original Platte for the MJN Subdivision. The Lot Line adjustment occurs on the Eastern property Line of Lot A and the Western property Line of Band does not affect the other two lots in the subdivision. (C and D) In addition to the line adjustment, a Landscape Licensing Agreement will be accompanying the newly drafted Platte. Terms of said agreement reached by the two involved parties (Owners of Lot A and B) will be attached. Nidi olas Lough Lot B Owner Date Date ~a. a.<J>yu I Debra A. Rice a/k/a Debra A. Bath Lot A Owner 3-dO .l'2 Date SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for "\1\1\,e..~ f=\vu-\ {)\.i:...\. (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application . rJ ·.0\x,\e.-( loJ \,__ Print Name Malling Address: Date 8 =G Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .ga rfield-cou n ty.com TAX PARCEL NUMBER: 2463-034-00-045 2463-034-00-046 DATE: 3/15/18 & 3/26/18 PROJECT: MJN Subdivision Exemption Amended Plat Lots A and B OWNERS: Debra Rice AKA Debra Bath, Nicholas Lough & Autumn Evans REPRESENTATIVE/SURVEYOR: Lines in Space PRACTICAL LOCATION: 420 MJN Road Carbondale, CO 81623, Section 3 TBS R88W TYPE OF APPLICATION: Amended Final Plat ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant wishes to update the M.J.N. Subdivision Exemption Plat to reflect the current ownership of Lots A and 8. The boundary line adjustment decreases Parcel B from 2 .967 acres to 2 .242 acres. Parcel A will increase from 2.642 acres to 3.367 acres. Lot A is improved with a single-family residence and a garage. Lot Bis unimproved. Access to both parcels is a semi-primitive road accessing off Highway 133. No other changes are being proposed and no other adjustments to the affected property lines are being requested. The amended plat meets the Rural Residential minimum lot size of 2 acres. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application : • Section 5-305 -Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: • Pre-application meeting. • Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. • Completeness Review. • Additional submittals if needed. • Referrals . • Setting a date for the Director's Decision. • Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property . • Director's Decision including any conditions. • 10 day Call-up Period . • Finalizing the Plat and satisfaction of any conditions . • Circulation for Applicant/Owner and other signatures. • The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): Referral Agencies : .JLNo Public Hearing, Directors Decision (with notice per code) _ Planning Commission __ Board of County Commissioners _Board of Adjustment May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department. V. APPLICATION REVIEW FEES Planning Review Fees : Referral Agency Fees: Total Deposit: $100 $N/A $100 (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted ll QJ Ci E 0 ... • !!! -;;; .~ E ..Q ii: -"' ~ 0 E N > ] "' E ·~ Q. c. <t Garfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre-application Conference •Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review •If Incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within ZOO feet and mineral owners at least 15 days prior to decision date Step S: Referral •Zl day comment period Step 6: Evalution by Director Step 7: Director's Decision •Call-up Period -within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. • MEMO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's compuler. You can scorch the Section, Township, end Range of the subject property. You may find deeds for mineral inlerests for the subject property. S. Research whether a Notice of Mineral Estale Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Es1are Ownership for the subject property. 6. ff you find mineral inleresl owners as reservations on your deed, lisled in your title insurance policy, from !he Assessor's records or the Clerk and Recorder's computer, you need to detennine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Orantor in the Clerk and Recorder's computer to see ir !he mineral interest was transferred. Jf you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and addrcss(es) of the current mineral interest owncr(s). Mineral interest research can be a difficult o.nd time consuming process. If you are unable to detennine mineral rights O\\TICrship by yourself, consider hiring an attorney or landman. Attorneys ond landmen specialize in determining mineral rights ownership, but they charge a fee for their services. .. Book 280 Il ccor<lc<l nt ..... •.9A•55 ........ o'clock ..... J\ ..... ~l., .... O.c.t .. lJ .... 19.;)/+. .................................. fr.e;" 28) Reception No ......... l!J.7.li:J.B... .. ............ Yna.~ ..... ~ ..... ~!'!.<:'.i;!;<~-ll .................... Hccord.~'r . Tms Dmm, ~f;odc lhis 23rrl rl;iy of September i11 lhc yc.ir <Jf our Lon.I o ne lhousitn<l ui11c hund red and Fifty-four l.Jclwcr.:n ---------EARL SMITH and MILDRED SMITH, ------------ nf Ille County of White Pine /~9.li •of ihc fir st part, an<l and State of HE COHDER'S STAillP ------LERoY G. COOPER, SR., and LEROY G. COOPER, JR., -------------------------- Maryland, of l11c County of Baltimore and Sta.te of/f3a'll$001/;f, of the second part: WIT NESSETH, that the said parties of the first part, for and in consideration of the sum of TEN DOLLARS El.lld other good and valuable considerations ___________ : ____ ~. to the said part iee of the firs t part in hand pa id by .the said parties of tlte second part, the receipt whereof is hereby eonlcsse<l and aclmowle<lgecl, have granted, bargained, sold and conveyed, and by these presents do grant, bari:::dn, sell , convey and confirnt unto the said parties of the second part, not in tenancy in common but in joint tcna11cy, the survivor 0£ them, their assigns and the heirs and assigns of such s urvivor forever, all the following <lesc r ibctl loi.9 or parcels of land, situate, lying and being in the County of Garfield and State of Colorado, to-wit: Lot number Sixteen (16) of Section Two (2) and Lot number Seventeen (17) of Section Three (3), in To\mship Eight (8) South, Range Eighty-eight (88) · ,West of the Sixth Principal Meridian·, containing Forty ( 4o .) acres. Also conveys all ditch and water rights belonging to or used upon or in · connection with s .aid land, and particularly Thirty ( 30) shares of the capital stock of the East Mesa Water Company. TOGETHER with all and siniiulnr the bcreditaments and nppurtcnanccs thereunto belonging, or in an}'Wjsd 4 0.ppcrt:iining, and th~ rc\'crsfon antl rcvcrsfons, rcmainclcr :ind remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand wbatsocver of the said part ies of the first part, either in law or cquily, of, in and to the above bargained premises, with the 11crcditamcnts and appurtenances. TO HAVE AND TO HOLD the said premises aoove bargained and described, with the appurtenances, unt<> the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such· survjvor, forever, And the said pnrt' ies of tbe first part, for them sci ves , their heirs, executors, and administrators do covennnt, grant, bargain and agree to and with the said parties of the second part, the survivor of tl1em, their assigns and the heirs and assigns of such survivor, that at the time of the enscaling and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, nbsolute aad indefeasible catntc of inheritance, in law, in foe simple, and h:Ve g ood right, full power and law£ul authorlty to grant, borgaln, sell and convey the same in manner and form aforesaid, and that the same are free aad clear from all former and other grants, bargains, sa~cs, liens, taxes, assessmcn ts and incumbr.o.nces of whatever kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, tho survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parli.es of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part ha Ve hereunto set their hands and s eal s the day and y ear first above written. ~ ................... -.... [SEAL] ~~-.......... [SEAL] ............ ------....... -.......... ---........ _,, _____ .... [SEAL] 23rd day of September 7 (__--. rM/ t:. ~w kdJ, t/. Jr<•;/ $ln,./ 11/i.N hr,114,1 TO HAVE ANO TO HOLD It ,t fl'111A, l'/1f4J 111/1! "" /,{, (1itl'l.i,_)1/r.17J, l11111111hlk;,,, ,;11rl ry/111ll11r11m<J. ( ,t»fu.lic~NI 1J(lh11', 1.1;1,.1111/,, ,(,d,,, ,;';/-/Ill~ d-J111i/. A 'N"J r- /j ,?'.r' ff.~1 ,] a11t/ ~ 4-0 ,triJ a11r/ rtfd1jv1.1 ;eft,.NI-, .fr1yd /,. r111/l 1w.?,/ 1111,./ (//',fl/flt!/ 11111/}/ ip/ti ./t 1111il'i7. 'Jl/l;.,,,&,;a/ Vtr111y1,1 t'11117<, f'I dftl /1115/imt'•. r///r/ k_:;A/.J k 1#/r-/,-.1 r/J!r/ //Jdl'<<ti.1 11.ir•I ,:11 f'NJIJtdfpn tl'fr/.1111,1/ ,,,,,;;.; h)IM ,,, '''''f /; Ja711jl'1/ ,,,,_/ ur.htMt'h'fl'r/ :ft $11 1t•·11/1'IM4'111J ~11<.1 , ro11/ 1fre(,'ili>M1 f'' ;/,_ «llrl ,,~; .wfJ,..-1 6 ldr JtyJfi '}i th /t/'llth1•1 ~/fl ,.,.,j, tt/ 4f,(,, /tJ a0111·/ rll/'11 /1'1111•1•1' J:.; /; /;/;1-;ffe 111, ,/,,;,/,/ t.t ,,1111; /; /{,~111r/ fr, /"r1rilr1/r-rl 1i1/,-;.,,,,·/ f/;; /lio1111t, 1/;1,17 .flr111ltr/ l/.f jiltwrt:r/ JI /r,;1r,, 'fi;,,; t:f;;,. r.i IMJ'IN/ ;fM1 II/; 11111-/.J rf;;,.I} /irlllkr/ a 1711i 'f ,IN/./ /h,<m11A J'1 1'1ifhJ t-1 t"t110£ m1JJ011d},/ 'l d rlll!ldJ/17 z; ~ { l(111~r/, d hh. ;!11 tr ~timontl 1uhmot -. -fI / ," / ,; ;_ ~ & · / ·<'· d ; :r.( j~,.,,/UI( r (/, ( 1(11-tJl,,_/,J r' J.,,/fr<I ,{~pt NqJ(,/ 1,(,,_ ,;,°(/,/J /,, /r '1M,/, )~/,HI dN•/ (/, ,,,,,/,;" /,(. cf, .. ,,,,.,/ .,,../'fl;,{{,, 4t '~ ,(,,,,,,,1,, .,#,,,; . / ./ -. (fli\ttll ,,,.;/,-1 "'!' 4 • .,,1 -~ /,(, {dJ' /(Jt,,,f,"J'/,," //,. •, 'I I.';• Jl •f : ~ h .r ·I (Jt ffi,· 1. .. .,,, ""· /,_, /··· /,,1/,, ... 11, ..... .1 •;r•I ,:,,,,.,),./ ,,,,,/ .. / l (..1 ;~,/. l t" /·'l .. ""f!/ // .. , /..,.;~.,.. ~ ..... /I/, tl(Jol.e:,/ .Jt.,,lrJ /,/, 111u i11nt/I,. """'I ,(!;.,, ·/17 r. ,7/( ' •" .,.• r • m1,f 1:1'1~ '.i\~_,i.2'~nl': ,<·) .'.'l l )('•I• (d /'I ( ::i..•., )>) )) '/· / f ( • ,· . ) I I fl ) l \.._,\ l . l "! I llllll lllll lllllll lllll 1111111111111111111111111111111 577406 07/01/2005 04:03P 81703 P152 H ALSDORF 1 of 1 R 6.00 D 23 .50 GARFIELD COUNTY CO Filed for record the ___ doy of ,A.O. ___ , at _____ o•clock M. ____________ RECORDER Reception Ho . -------sy DEPUTY. WARRANTYDEED \1 ~ TJDSDEED, Made on this day of June 30, 2005 , between M.J.N. LAND INVESTMENTS, A GENERAL PARTNERSHIP of the county e>f GARFIELD and State of COLORADO , of the Grante>r (s), and ROGER A. BATH AND DEBRA A. BATH :J<.l/t Hw I?~ whose legal address ls : P9 8911 6;7 CARBONDALE, <>f t he ---------County of GARFIS:LD co 81623 and S tate of COLORADO , o f the Gr ant ee( s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $235,000.00 *** Two Hundred Thirty Five Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does gr ant, bargain, sell, convey and confirm unto the Grantee(s), their hefrs and assigns forever, not in tenancy in conman but in joint tenancy, all the rea l prope r ty, together with improvements, if any, situate, lying and being in the County of GARPI:&:LD and State of Colorado, described as follows: LOT A MJN SUBDIVISION EXEMPTION ACCORDING TO THE PLAT THEREOF RECORDED JUNB 6, 2000 UNDER RECEPTION NO. 564548 COUNTY OF GARFIELD STATE OF COLORADO also known as street nucrtoer LOT A, MJN SUBDIVISION EXEMPTION, CARBONDALE, CO TO GETHER with all a nd ~ingular and hereditamc nts and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and r emai nders, rents , issues and profits thereof; and all the estate, right titl e interest, cla i m and delllO nd whatsoever of the Gr antor(s), either in law or equity, of, in and to the above bargained prem ises , with the heredit amen ts and appu r tenances; TO HAVE AND TO HO LD the s aid premi ses above bargained and described with a ppurtenances, unto the Gr antee(s), thei r h"frs and a ssi gns fo rever. The Gran tor(s), f or himself, h is he irs and persona l l'epresentatives , does covenant, grant , barga i n, and egre" t o and with the Gr ont ee (s), th eir heirs and ass i gns , that at the tiRI<! of the ensealing a nd d elivery of t hes e presen ts , he is ~ell seized of tho pre<n s es above conve y f>d, has good, sure, p e rfect, ebsolute and indefeasible estate of i nher i tanc e , In law, in fee si mpl e, and has good right, fut l power and lawful autho r ity to grant, bargain, sell and convey the same in mamer and form as aforua i d, and that the same are free and clear from a l l former and other grants , bargains, sales, liens , taxes, as&.essments, entYTibrances &nd restrict; ons of whatever kind or nature soever, Subj•at to gen•r•l ta.Kea ~or the yeaz .JOOS and tho•e epeo.1.tl.o Braept.ions de•aribad .by ref'•ranoe ta reoorded doowa.n:t• •• ro.tleated .l.n the rjt-le Doaumeat• aaa•pt•d by Qrantee(•) 1n aooordano• w.:ltb Seatl.c:m la (7'.ltl• Rev.i•w) o.t the CQll.traat to Buy .-rad SeJl Real ••tate ro.l•ting t'o th• •boV• deaorlhd prop•rty1 d1atr.:ibu:t;lon ~til.1ty ••••me.at• (1nolud:l.ng aabl• TV)J tho•• •p•a..t.tlo•.l.ly d••or:l.bed right• o~ l:hird pa.rt.:!•• not •hcnm. by tb• pub.Ila r•oord• of wb:l.ab. Gra.at••(•J ha• aatual knowlcidg• and rilob ••re •aa•pt'•d by Grant:••(•) Jn aooord&Aae wlt:h Seotlon Bb (llat!t•r• not Shown by th• PublJo R•aord•J ·~ Seot1oa. Ila (Survey .RevietrJ 0€ th• contraot to Buy aad 6ell R•al ••tate relat..ing to t.he mbov• de•ar:lb.rJ. real pro1'9rty1 .inalu•JOl.I of the .Property .,Jt.bjn any •pea.1al tar di•t~iat ; and, tbe .b.ne.tJt and burden• ot any cl•olaratJon and party •a..11 agree.EH.at•, it any and other ~ The Gr antor(s) shall and will \lA RRANT AHO FOREVER DEFEHD the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against a l l and every perse>n e>r persons lawfully c l aiming the whole or any part thereof . The singular nunber s ha ll include the plural, a nd the plural the s i ngular, and the use of any ge nder ·l shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO ------Co unty of GARPZ•LD )ss . ) The foregoing instr\Allent was acknowledged before me on this day of -"""=::;•:...:l;.;:O'"-=z.::.•.os"------------ by XARI: J . 11r11S£M1rr., QJDmJUL PAJIT!IJZR o r •• J .R. UllD D1V118TURT!I, .. QJINP.lJ, PAR-W.UIUP My col!lllission expires Witness my hand and off I cl al seal. Name and Ad dr es$ o f , Escrow# Title# CB246244 GTF246244 (1 937400) 1111 1,1r_.~~t1•K'1·~ Ml.i.N11.~l.~',t1rJWll.¥M :1 ~l~Jr'l ,l\1ii 11111 Reception~: 870887 11/30/2015 11:00 :53 RM Jean Rlbe~ico 1 of 2 Rec Fee ·$16 00 Doc Fee·0.00 G~RFIELD COUNTY CO r QUITCLAIM DEED --14-R--.i...i:.-""""'~~l-\l.........,~~-4-=!~ ....... ~--.--------...--:----' the "Grantees," whose legal address is ~-..-J.__..,......___,'--'-"~~---i.=..,...,..,_.'-+__._...~~~.--.._,f-l;..<-~,.,__--......._~..-..~ ....... --~ofthe * WITNESS, that the Grantor, for and in consideration the s m of ~~~~~~~~~~~~~--....l.._.S..d..1.----"'J~=--~~P~v-OL_L_A_R_S_,-($~/~(9~,-0-D~~-), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, seJI and QUITCLAIM unto the Grantees, and the Grantees' heirs and assigns, forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the Grantor has in and to the real property, togel er with ny improvements thereon, located in the* County of ----',,.._.,,,~'-+-'"~~,.c;:....--and State of Colorado, described as follows; 5e.cf\M · 3 IDwM~i'E': S ~~t-; ~& 1-o+ A / fVl-S J\J -:S v ~~' v I 5} o"' ft l6o A-TR .£ )( ~/l'l f~? OV'{ ' D F l-ff ;\J 0 GD /'J I . 7 ?::> 'f /tC ~K t~to'f PG-/t/-3, fl 6 t> ~~c. :r. N also known by street address as: L/ ~D /\'\ "') ,A.f f2.D_ / Cu..t-\o&/)[h. f e,, and assessor's schedule or parcel number: ~ 'Jf(s, ;e3 ~ D&O l.f S' TO HA VE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest * Insert "City and" where applicable. No. t962. Rev. 1-0Ci. QUITCLAIM DEED (To Joint Temmls) (Page I of2) Bradford Publishing, 1743 Wazee Sl, Denver, CO 80202-(303) 292-2590-www.bmdfordpublishing.com -eFonn 1111 w1~ .. ~:'f·rn·i ~II l'tl'i rHIL1IL'~I ~Kl·~~. Ll1fti.:J11l11J1 11111 Reception#: 870887 11/30/2015 11:00 :53 AM Jean Alberico 2 of 2 Rec Fee;$16 00 Oao Fee .0 .00 GARFIELD COUNTY CO and claim whatsoever of the Gran tor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, and the Grantees' heirs and assigns, forever. IN WITNESS WHEREO the Grantor has executed this deed on the date set forth above. STATE OF COLORADO _____ County of A-l.am ~ The foregoing \9istrumen~as1 ~cknowledged before me this __ {f.o ____ day of No'tlrn)?£v 20 15 . by 'Ji Q fif? itJ4,'f'lk . 1 BR•Jl.NNA l. BECAY l'llOTARY PUBLIC I STATE OF COLORADO NOTARY ID# 20134062672 !Vt: OMMISSION EXPIRES OCTOBER 03, 2017 I _,,..._ • =;;,;;~~;;;;;;;;;;;;;;;;;;;;;;=.J Je;..u .. ~.1t111;; Name and Address of Person Creating Newly Created Legal Description(§ 38-35-106.5, C.R.S.) No. £962. Rev. 1--06. QUITCLAIM DEED (ro Joint Tenant-;) (Page 2 or2) ~U..)U:::>U ULJUO/ LU I 0 I U:..) I :..) I 1-\IVI t"age I OT L+ Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded QUITCLAIM DEED AND ASSIGNMENT THISDEEDANDASSIGMENT,madeonthe 2 dayofib, ~/i? ,2018byMartin J. Nieslanik, Jerilyn Nieslanik, Mark J. Nieslanik t Nieslanik Properties, :Y,£~~aJld LMN Investments, LLC, , the "Grantor", whos~ addr~ss is-1;ie~~: fl 011:_til; aaa'Nl"c:::& Autumn Lough, the "Grantees'', whose address ts h3 ':f-V . . . e£J gt" ~S l WITNESSETII, That Grantor, for and in consideration of the sum of Ten Dollars and no/100 ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, sold, assigned and QUITCLAIMED, and by these presents does remise, release, sell, assign and QUITCLAIM unto Grantee and Grantee's heirs, successors, and assigns all the right, title, interest, claim and demand which Grantor has in and to the following water rights and interests, together with improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: Any and all irrigation water rights appurtenant to the real property described on Exhibit A hereto, subject to the Declaration of Covenants, Conditions and Restriction for MJN Subdivision Exemption recorded March 8, 2005 as Reception No. 669856, and the deed recorded March 8, 2005 at Reception No. 669860, Garfield County records which previously conveyed all such water rights; and also all interest and rights in a well as constructed and operated under permit No. 307924 and any associated equipment with the well, together with said permit No. 307924; TO HA VE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee and Grantee's heirs, successors, and assigns. IN WITNESS WHEREOF, Granter has caused this deed to be executed on the date set forth above. {SIGNATURES OF FOLLOWING PAGES} ~U.:>UOU ULJUO/ L.U I 0 I u:.:> I :.:> { f\IVI t'age L. OT "+ Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded STATE OFP:/!tb COUNTYOF . - ) ) ) The foregoing instrument was acknowledged before me this '-:/-day of February 2018, by Martin J . Nieslanik. Witness my hand and official seal. My commission expires: / !uj (JD I ~~·~ ~J.a~J , uyo Ni<{,laoik --'-t STA TE OF ~=+'~~!lo=----) ) ) The foregoing instrument was acknowledged before me this ..:1:nay of February 2018, by Jerilyn Nieslanik. Witness my hand and official seal My commission expires: / ~ Witness my hand aod offi cA seal. /i My commissfon expires: ~ v ::1U.)U:JU UL./UO/ L.U I 0 I U:.) I :.) { AIVI t"'age .) OT ~ Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Nieslanik Properties~ LLC ~r·· ~wledged before me this 'f·dg_y · o-:if~~ ager ofNieslanik Properties, LLC. Wimess ~~~and an~ offici~ 1~ ·;hl My conurussmn exp,,..:~· LMN Investmeots, LLC Uartt!qv' STATEOF~ COUNTYOF ~ ) ) ) of February 2018, by / Th~j:rego!ginM:nent was acknowledged before me this _.5:-. day of February 2018, by ~/Sf,4._Jll~L~ , Manager ofLNIN Investments, LLC. Witness my hand and official/7~ ;:;riJ My commission expires:~· ~U.>UOU UL./UO/ L.U I 0 I u:.> I :.>I f\IVI t"age q OT q Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Exhibit A Description of Real Property Lot B, M.J.N Subdivision Exemption, according to the Plat thereof filed June 6, 2000, at Reception No. 564548, as amended by Affidavit Regarding Boundary Line Adjustment recorded February 22, 2005, in Book 1664 at Page 143, at Reception No. 668960, and being more particularly described as follows: A tract ofland situated in Lot 17 of Section 3, Township 8 South, Range 88 West of the 61h Principal Meridian, being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 17 whence a stone found in place for the Southeast Comer of said Section 3 bears S 19°15'37" E 2040.73 feet; thence N 87°41 '35" E 395.00 feet; thence South 323.87 feet; thence West 221.87 feet; thence N 29°17'50" W 353.15 feet to the point of beginning. Also known as: TBD, MJN Road, Lot B, Carbondale, CO 81623 -----o --• .,.._, __ ...... --· .... ·-I O•o o -~---· 0 Jean Alberico, Garfield County, Colorado Rec Fee : $28.00 Doc Fee: $41.50 eRecorded EXHIBIT"A" Attached to and folllling 11 pllrt of WARRANTY DEED between GRANTOR: MARTIN J. NIESLANIK AND JERILYN NIESLANIK, MARK J. NIESLANIK, NIESLANIK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY, LMN INVESTMENTS, LLC, A COWRADO LIMITED LIABILITY COMPANY GRANTEE: NICHOLAS L. WUGH AND AUTUMN M. EV ANS-LOUGH LEGAL DESCRIPTION Lot B, M.J.N Subdivision Exemption, according to the Plat thereof filed Jone 6, 2000, at Reception No. 564548, as amended by Affidavit Regardio& Boundary Line Adjustment recorded February 22, 2005, in Book 1664 at Page 143, at Reception No. 668960, and being more particularly described as follows: A tract of land situated in Lot 17 of Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian, being more particula_rly de.scribed as follows: Beginning at a point on the Northerly boundary line of said Lot 17 whence a stone found in place for the Southeast Corner of said Section 3 bears S 19"15'37" E 2040.73 feet; thence N 87°41 '35" E 395.00 feet; thence South 323.87 feet; thence West 221.87 feet; thence N 29017'50" W 353.15 feet to the point of beginoine. County of Garfield, State of Colorado. also known by street and number as: TBD MJN Road Lot B, Carbondale, CO 81632 -----· --·-.... ·--·---· ·-· ·-..... -~-. -· . Jean Alberico, Garfield County, Colorado Rec Fee : $28.00 Doc Fee : $41 .50 eRecorded EXBIBIT"B" Attached to and forming a part of WARRANTY DEED between GRANTOR; MARTIN J. NIESLANIK AND JERILYN NIESLANIK, MARK J. NIESLANIK, NIESLANIK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMP ANY, LMN INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY GRANTEE: NICHOLAS L. LOUGH AND AUTUMN M. EV ANS-LOUGH EXCEPTIONS TO TITLE I. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 3, 1906, in Book 56 at Page 543. 2. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 3, 1906, in Book 56 at Page 543 . 3. Tenns, agreements, provisions, conditions and obligations as contained in Easement Deed recorded February 4, 1993, in Book 854 at Page 47 and amended in instrument recorded February 24, 2000, in Book 1174 at Page 205, Exhibits recorded July 21, 2000, in Book 1198 at Page 465, and Second Amendment recorded March 8, 2005, in Book 1668 at Page 457. 4 . Tenns, agreements, provisions, conditions and obligations as contained in Resolution No . 2000-40 recorded June 7, 2000, in Book 1191 at Page 469. 5. Easements, rights of way and all other matters as shown on the Plat ofMJN Subdivision Exemption, filed June 6, 2000, at Reception No. 564548. 6. Te=, agreements, provisions , conditions and obligations as contained in Right-of-Way Easement recorded October 5, 2004, in Book 1628 at Page 260. 7. Affidavit Re: Boundary Line Adjustment recorded February 22, 2005, in Book 1664 at Page 143, at Reception No. 668960. 8. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrwnent recorded March 8, 2005, in Book 1668 at Page 460. 9. Terms, agreements, provisions, conditions and obligations as contained in Common Elements and Easement Declaration recorded March 8, '..!005, in Book 1668 at Page 478. 10. Terms, agre ements, provisions, conditions and ob ligations as contained in Easement Agreement recorded March 8, 2005, in Book 1668 at Page 491. 11. Tenns, agreements, provisions, conditions and obligations as contained in Grant of Agricultural Easement recorded April 27, 2011, at Reception No. 801833 . 12. Tenns, agreements , provisions, conditions and obligations as contained in Water Sharing Agreement and Grant of Pipeline and Utility Easement recorded April 27, 2011 , at Reception No. 801835 . 13 . Declaration of Access and Utility Easement recorded February 8, 2018, at Reception No. 903 048. 14. Declaration of Covenants -View Plane Corridor Lots B & D, MJN Subdivision Exemption recorded February 8, 2018, at Reception No. 903049. 15 . Encroachments as evidenced by Improvement Survey Plat by Lines In Space, dated January 1, 2018, Job No . 15-50. -----· -----·--·---··-· ·-t o•o t -::.-I-· I Jean Alberico, Garfield County, Colorado Rec Fee: $28 .00 Doc Fee: $41.50 eRecorded WARRANTY DEED THIS DEED, made this 8th day of February, 2018, between MARTIN J. NIESLANIK AND JERILYN NIESLANIK AS TO AN UNDIVIDED 25% INTEREST, MARK J. NJESLANIK AS TO AN UNDIVIDED 25% INTEREST, NIESLANIK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMP ANY, AS TO AN UNDIVIDED 25% INTEREST, AND LMN .INVESTMENTS, LLC, A COLORADO LIMITED LI.ABILITY COMPANY, AS TO AN UNDIVIDED 25% INTEREST whose address is 757 County Road 101, Carbondale, CO 81623, GRANTOR(S), and NICHOLAS L. LOUGH AND AUTUMN M. EV ~S-~OUGH\ /) ,/ JJ . // _ (3 whosea.ddtessis,,. GRANTEE(S):f/_.5-:f-A) $U'1fe lJ y-. L'U~ ·~ 9/t:,,;2...3 WITNESS, thnl the gnmrol(s), for and in cons ideration of the sum of FOUR HUNDRED FIFTEEN THOUSAND AND 00/1 00 DOLLARS (Ml5,000 .00), lhe ceceipt and sufficiency of which Is hereby nclmowledged, has granted, bargained , sold and conveyed, and by these presentS docs grant, bargain, sell, convey and confirm llllto !he grantees, grantee's heirs and a.ssigns forever, not in teoancy in common but IN JOINT TENANCY, all the real property, together with improvements, if any, situate, lyi.r\g and being in the County of Garfield and Slate of Colorado, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" A TI ACHED HERETO AND FORMING A PART HEREOF also known by street and number as: TBD MJN Road Lot B, Carbondale, CO 81632 TOGETHER wi th nll and s ingular the hered itrunents and appurtenances thereunto belonging. or in anywise appurtaining, and the reversion and reversions, remainder and ~mainders, rents, issues end profits thereof, and al l the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to tl1e above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO BOLD the said premises abo ve bargaind and described, with the appurtenances, unto tbe grantee, gnmtce's heirs and assigns fo re ver. The gnmtor, for the gro:mto r, grantor's lteirs, and personal representatives. does covenant. grant, bargai n and agree to and with th.e granree, grantee's heics and assigns, that ar the time of the enscsliDg and delivery of thes e presents. grarno r is we ll seize d of the premises above conveyed, has good , sure, perl'ect, abso lute and Indefeasible estate of inheritance, in law, in fee simp le, and bas good right, full power and lawful authori ty 10 grant, bargain, sell nnd convey the same in manner and fonn as aforesaid, and that the same 11te free and clear fi'om all former and other gran.ts, bargains. sales, lien:;, taxes, as.sessments, encumbrances and re51riotions of whatever kind or nature soever, except general tax<:.!< for the current and subsequent years , and c.'tccpt those maners set forth on Exhibit "B" attached hereto and fonning a part hereof Tue grnntor shall and wiU WARRANT AND FOREVER DEFEND the abov~bargaincd premises in the qu iet and peaceable pos$ession of the grantees, grantee's heirs nnd assigns, against all and every person or persons lawfully claiming the whole or any part thereo f. The singular number shall include the plural , the plural the singular; and the use of any gender shall be applicable to all genders. Nieslanik Properties, LLC, a Colorado limited liability company LMN Investments, LLC, a Colorado limited liability company OflERAL W A».>N1Y DEED • JolNT TENANCY rlll TlTLE COMPANY "1Jl"~ cl ttJ,,, 1od~ 0905645 -----t --· --~ --0 ---· 0 ...,, ·-' O •• o -~---· I Jean Alberico, Garfield County , Colorado Rec Fee : $28.00 Doc Fee: $41 .50 eRecorded I.: .-=~·-::. SUSAN HASS :J • 1'10 rAAY PU81JC I ;fl\lEOF COlORAfX .• >tl<RY 10 U 20 11«n0~35:l : • • ~.1 !!%ION EXPfRES 0 1·2l·2 112C State of , ----.~...-.--""" County of The foregoing ~twas~~ subscribed and sworn to before me this 4 day of by Martin J. Nieslanik and Jerilyn Nieslaoik; Mark J . Nieslaoik, -M'lltlm¥ J. Nieslanik, Ma nager of Nies la nik Proeprties, LLC and Lisa Nieslanlk, Manager of L Investments, LLC. ;f"'">nf ·hn) My Commission Expires: r; COMMITMENT for TITLE INSURANCE issued by ~ Ii~J~~ie~OMPANY as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Ordered By: Erik Cavarra Alpine Real Estate, Inc. 323 West Main Street, Suite 100 Aspen, CO 81611 Phone: (970) 923-5860 Fax: (970) 922-0744 email: ecavarra@alpineproperty .com Commitment Number: 0905645-C6 Inquiries should be directed to: Susan Hass Title Company of the Rockies 132 W . Main Street, Suite B Aspen, CO 81611 Phone : (970) 920-9299 Fax: (970) 920-5352 email: shass@titlecorockies .com Reference Property Address : TBD MJN Road Lot B, Carbondale, CO 81632 SCHEDULE A I . Effective Date: January 03, 2018, 7:00 am Issue Date: January 15, 2018 2. Policy (or Policies) to be issued : a) ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: Nie Lough and Autumn Lough b) ALTA Loan Policy (6-17-06) Policy Amounl: Premium: Proposed Insured : Alpine Bank 3. The estate or interest in the Land described or referred to in this Commitment is : Fee Simple and Title to said estate or interest is at the Effecti ve Date vested in : $415,000.00 $1,244.00 $311,250.00 $200.00 Martin J. Nieslanik and Jerilyn Nieslanik as to an undivided 25% interest, Mark J. Nieslanik as to an undivided 25% interest, Nieslanik Properties, LLC, as to an undivided 25% interest, and LMN Investments, LLC, as to an undivided 25% interest Subject to Requirements 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is de scribed as follows : FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE A lla Commitment -2006 Schedule A LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: Lot B, M.J.N Subdivision Exemption, according to the Plat thereof filed June 6, 2000, at Reception No. 564548, as amended by Affidavit Regarding Boundary Line Adjustment recorded February 22, 2005, in Book 1664 at Page 143, at Reception No. 668960, and being more particularly described as follows: A tract of land situated in Lot 17 of Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the No1therly boundary line of said Lot 17 whence a stone found in place for the Southeast Corner of said Section 3 bears S 19°15'37" E 2040.73 feet; thence N 87°41 '35" E 395.00 feet; thence South 323.87 feet; thence West 221.87 feet; thence N 29°17'50" W 353.15 feet to the point of beginning. Commitment No. 0905645-C6 COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Schedule B-I Requirements Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Conection Deed from M.J.N. Land Investments , a general partnership to Maitin J. Nieslanik and Jerilyn Nieslanik as to an undivided 25% intere t Mark J. Nieslanik as to an ttndivided 25% interest, Nieslanik Properties LLC, as to an undivided 25% interest, and LMN Investments, LLC, as to an undivided 25% interest. NOTE: This requirement is necessary because the Quit Claim Deed recorded December 23, 2005, at Reception No. 688939, in Book 1758 at Page 29 does not accurately describe the current configuration of Lot B. 2. Duly executed and acknowledged Declaration of Access and Utility Easement creating an easement for access to Lot B, M.J.N. Subdivision as amended. 3. Trade Name Affidavit or Partnership Agreement for M.J.N. Land Investments, a Colorado prut11ership, disclo ing the names and addresses of the partners of said partnership, and evidencing its existence prior to the time it conveys title to subject property. 4. Resolution or Statement of Authority by ieslanik Propertie LLC, a Colorado limited liability company, authorizing the trnnsaction, executed by the manager· or members set fortl1 in the Operating Agreement. 5. Deed of Trust from Nie Lough and Autumn Lough to the Public Trustee of Garfield County for the use of Alpine Bank, to secure $311,250.00. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves an ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of$75.00 are paid to the Company or its duly authorized agent. The Mortgage Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, and will contain Endorsement Form 100.1, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is Alta Co mmitment -2006 Schedule B-f Requirements Commitment No. 0905645-C6 Schedule 8-I Requirements (continued) properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a survey or an improvement location certificate properly certified by registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of$70.00 are paid to the Company or its duly authorized agent. The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 8.1 $50.00 NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 6. Resolution or Statement of Authority by LMN Investments, LLC, a Colorado limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. 7. Deed from Martin J. Nieslanik and Jerilyn Nieslanik as to an undivided 25% interest, Mark J. Nieslanik as to an undivided 25% interest, Nieslanik Properties, LLC, as to an undivided 25 % interest and LMN Investments, LLC, as to an undivided 25% interest to Nie Lough and Autumn Lough. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. Alta Commitment -2006 Schedule B-1 Requirements (continued) Commitment No. 0905645-C6 COMMITMENT FOR TITLE INSURANCE Scm:uuu.: B -SECTION 11 EXCEPTIONS Schedule B-II Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Record · but which could be asce1tained by an inspection of said Land or by making inquiry of per on in possession thereof. 2. Easements or claims of easements, 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. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Record . 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Truce or assessmeots that are not shown as existing lien by the records of any taxing authority that levies taxes or assessments on real property or by the Public Record ; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 3, 1906, in Book 56 at Page 543. 8. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 3, 1906, in Book 56 at Page 543. 9. Terms, agreements, provisions, conditions and obligations as contained in Easement Deed recorded February 4, 1993, in Book 854 at Page 47 and amended in instrument recorded February 24, 2000, in Book 1174 at Page 205, Exhibits recorded July 21, 2000, in Book 1198 at Page 465, and Second Amendment recorded March 8, 2005, in Book 1668 at Page 457. 10. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2000-40 recorded June 7, 2000, in Book 1191 at Page 469. 11. Easements, rights of way and all other matters as shown on the Plat ofMJN Subdivision Exemption, filed June 6, 2000, at Reception No. 564548. 12. Terms, agreements, provisions, conditions and obligations as contained in Right-of-Way Easement recorded October 5, 2004, in Book 1628 at Page 260. Alta Commitment -2006 Schedule B-!J Exceptions Commitment No . 0905645-C6 Schedule B-II Exceptions (continued) 13 . Affidavit Re: Boundary Line Adjustment recorded February 22, 2005, in Ilook 1664 at Page 143, at Reception No . 668960. 14. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded March 8, 2005 , in Book 1668 at Page 460. 15. Terms, agreements, provisions, conditions and obligations as contained in Common Elements and Easement Declaration recorded March 8, 2005, in Book 1668 at Page 478. 16. Terms, agreements , provisions, conditions and obligations as contained in Easement Agreement recorded March 8, 2005 , in Book 1668 at Page 491. 17. Terms, agreements , provisions, conditions and obligations as contained in Grant of Agricultural Easement recorded April 27, 2011, at Reception No. 801833 . 18 . Terms , agreements, provisions, conditions and obligations as contained in Water Sharing Agreement and Grant of Pipeline and Utility Easement recorded April 27, 2011, at Reception No. 801835. 19 . Declaration of Access and Utility Easement recorded ____ , 2018, at Reception No. 20 . Declaration of Covenants -View Plane Corridor Lots B & D, MJN Subdivision Exemption recorded ___ _, 2018, at Reception No. ____ _ 21. Encroachments as evidenced by Improvement Survey Plat by Lines In Space, dated January I, 2018, Job No. 15-50. 22. Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments in the office of the Clerk and Recorder for Garfield County, Colorado that any right of access exists to an open public roadway. NOTE: This exception will be deleted upon compliance with Requirement No. 2. Alta Commitment -2006 Schedule B-11 Exceptions (continued) Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time ofrecording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder 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 may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against untiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to§ 10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Infonnation regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding prov1s10ns of C.R.S. §39-22-604.5 (Non-resident withholding). DISCLOSURE STATEMENTS Note S: Pursuant to C .R.S. § 10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party hol<.18 sume or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S . §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer infonnation to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law . Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, ifapplicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements Note 10: Pursuant to Regulation 3-5-1 Section 9 (U) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: I. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money " for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Title Company of the Rockies Disclosures All document received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom maq~in of nt least one half of a n inch. The C lerk and Recorder will reft1se to record or file any document that does not conform to the requirements of this ~""l1u11. l'm~11ilnt to C.R.$. 30-10 •106(3)(n). The company will not issue iis policy or polidc of ti Ile insurance contemplated by this commitment until it hns been provided a ertificate of Taxes due or other equivalent documentation from the County Treasurer or tbe County Trea urer's authorized agent: or until the Proposed Insured has noti tied or instmcted the company in writing to the contrnry. Pursuant to C .R . . 10-1 1-122. No person or entity that provides c losing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The ompony hereby notifies the propo ed buyer In rhc current tronsaction thnt there may be recorded evidence that the mineral estate, or ponion th ereof, has been severed, leased, or otherwise conveyed from the surface e talc. If. o. there is a substantia l likelihood that a third party hold some or all inrcrest in the oi l gas, orhcr minerals, or geoll1emm l energy in the ubject property. Sucb mineral estate may include tbe righl to enrer and use the property without the surface owner's penni sion . Pursuant !o C. R.S . l 0-11-123 . If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pu rsuant to C.R.S. 39-22-604.5. Notice is hereby given that: TI1esubject property may be located in a specia l taxing district . /\Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the ounry Treasurer's authorized agent lnfonnation regarding special districts and the boundaries of such districts may be obtained from th e Board of County Commi s ioners, the ounty Clerk and Recorder. or th e County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this o mpany conducts the closing and is responsible for recordin,.g or filing the legal documents resulting from the transaction, the ompany shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" -If you are the buyer of a single fami ly residence, you may request mechanic's lien coverage to be issued on your policy of ln ~urance .. If the property ~eing purchased has not been the subjcc~ of construction, improvemen!s or repair in th~ last six 1non~hs prior to rh c date of ·1h1 s comm1tm ent, the requmiment will be paymcnl of the appropriate prenuum and Lhe complellon of an Affidavit and Indemnity by the seller. Tfthe property being purcha~ed wa constructed, improved or repaired within six months prior Lo lhe dole of this commi1111ent th e requirement. may involve disclosure of certain fornncial information, paymimt of premiums. nnd indemnity, among others. The general requirements slated above arc subject 10 revision 1md approval by the Company. Pursuant to C .R.S . 10 -1 1-122 . Notice is hereby given that an /\LTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division oflnsurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Date: April 10, 2018 Subject: Attached Title Policy GTF246244 for CARBONDALE CO 81623 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our taff if you have questions or concerns regarding your policy , or you may contact the Final Policy Department directly at 970-945-2610. As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our cu tomers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to a sist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may al o be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company CONDITIONS AND STIPULATIONS 1. Delinillon of Terms . The following lerms when used 111 lhis policy mean: la) "insured": the insured named in Schedule A. and. subjec1 10 any righls or defenses the Compaoy would have had agalns1 the named insured, those who succeed to the inmesl of the named insured by operation of law as distinguished from purchase including , but not limited to, heirs, distributees , devisees, survivor~. personal representatives, next of kin, or corporate or fiduciary successors. (bl "insured claimant": an insured cf almlng loss Of damage. (cl "knowledge" or "known": actua.1 knowledge, not conslructive knowledge or nolice which may be imputed 10 an insured by reason of lhe public records as defined in I his policy or any olherrecords which imparl consuucl ive no1ice of mallers affecling 1he land. Id) "land ": the land demibed or referrad to in Schedule A, and Imp rove ments affixed there10 which by law consti lute real propllfly. The term 'land" does nol include any properw beyond the fines of lhe area described or referred 10 in Sched u.le A. nor any righl. tille. interes l. eslate or easement in abulling slreets, roads. avenues, alleys. laoos, ways or waterways, bul nolhlng herein shell modify or limll the extent 10 which a right of access to and from the land is insured by this policy. le) "mongage": morlgage . deed of trust , 1rus1 deed, or other ·security instrument . (0 •public records": records establ ished under slale statutes al Date of Policy for 1he purpose of imparting conslroctlve notice of mallers relating 10 reel property to purchasers for value.and withoul knowledge . With respecl lo Secllon l(a)(ivl of the fxc lu sions from Coverage, "public records" shall also include environmental protection liens med in the records of lhe clerk of the United States district court for the district in which the land is located. (g) "unmaskatability of the lille ": an alleged or apparen l maner aftecling the tille 10 the land . nol excluded or excepted from coverage. which would entitle a purchaser ot lhe estate or in terest described in Schedule A lo be released from the obligation to purchase by virture of a contractual condition requiring the delivery of markelable litle . 2. Conlinualion of ln suf8l1ce After Conveyance of Title. The following cover age of this policy shall conlinue in force as of Date of Policy in favor of an insured only so long as lhe Insu red retains an eslate or interest in the lend . or holds an lndobledness secured by a purchase money mortgage given by a purchaser from lhe insured. or only so long as lhe insured shall have liabilily by reason of covenan1s of warranty made by 1he insured in any transfer or conveyance ol lhe es1a1e or interest . This poficy shaQ not continue in force in favor of any purchaser from the insured of either (I) an estate or interest in the land, or Iii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant The insured shall notify the Comp any promptly in writing (i) in case of any Hligation as sel forlh in Section 4(a) below, Pi) in case knowledge shall come to an insure d hereooder of any claim of tllle or interes l which is advorse to lhe title to 1he est11le or in1eres1 , as ins ured, and which mighl cause loss or damage for which lhe Company may be liable by viriue ot of this policy, or (iii) if 1iUe lo the estate or interes1, as insured , is reje cted as unmarkelable . If prompt notice shall not be given to the Company, then as lo the insured all liabilily of 1he Company shall termlnale with regard to lhe mauer or mallers for which pcompl notice is required: provided, howeve r. 1ha1 failure to notify the Company shell in no case prejudice the rights of any insured under lhis policy unless the Company shall be pre judiced by lhe failure and then only to the extent of the prejudice . 4. Defense and Prosecution of Actions : Duly of Insured Cla imant lo Cooperate. (a) Upon wrinen requesl by the insured and subject to 1he op1ions con1ained in Section 8 of th ese Condilions and S1ipula1ions. the Company, at ils own cost and wilhoul unreasonable delay, shall provide for the lhe defense ot an insured in liliga lion in which 1111y third panv asserts a claim adverse to the 1itle or in1erest as insured, but only as to 1hose stated causes of act ion alleging a defecl , lien or encumbrance or Olher matler insured agalnsl by this poficy. The Company shall have the right to selecl couosal of its choice (sub jecl to th e cighl of 1he insured to object for reasonable cause) to represent the insured as lo those staled causes of action and shall nol be liable for and will not pay the fees of any other counsel. The Company will not pay any tees, costs or exp11nses incurred by the insured in the defense of those causes of action which allege mallers not insured against by this policy. !bl The Company shall have the right, at its own cost, lo institute and prosecute any action or pro ceeding or to do any 01her act which in its opin ion may be necessary or desirable to establish the 1itle to lhe eslale or interest . as insured. or to prevenl or reduce loss or damage 10 the insured . The Company may lake any appcopria1e action under th e lerms of this polJcy. whether or not it shell be liable hereunder, and shall nol lhereby concede liability or waive any provision of th is policy . If tf)e Company shall exerc ise its rights under this paragraph, it shall do so diligently. AO.ORT.2 Cover Page 2 of 3 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisi011s of this pol ic y, Iha Company may pursue an y lit igation to final delermination by a courl of compe1en1 jurisdic tion and e.xpressly resllfves lhe righl. In Its sole dlscrellon, 10 appeal fr om any adverse judgmen t or order. (d) In all cases where this pofif.y permits or requires the Co~any lo prosecute or provide fol' th e tlefense of any ac1ioo or proceeding, 1he insured shall secure to lho Company lhe right to so prosecute Of provide defense in lhe action or proceeding, and all appeals therein, and p11rmil the Company to use, at its opl ion . 1he name of lhe insured for lhis purpose. Whenever requested by the Company . the Insured, at the Company's expense, shall give the Company all reasonable aid fl) in an.v ac1ion or proceeding. secur ing ev idence, obtaining wilnssses. prosecuting Of defending the eclion or proceeding, or elfecfing selllement . and (ii} in any olher lawful acl which in the opinion of the Company may be necessary or desireable lo eslabllsh the litle 10 the eslate or interest as insured. If the Company is prejudiced by the failure of the insured 10 furnish lhe required cooperation. lhe Campany's obligal ions 10 the insured under lhe policy shall lerminale, Including any liabiUty or obllgation 10 defend. prosecute, or con1inua any litigat ion. with regard to the maller or mallers requiring such cooperation . 5. Proof of Loss or Damage . In addilion to and alter the notices required under Section 3 of these Conditions and St ipulations have been provided lhe Company, a proof of loss or damage signed and sworn to by the insured claimanl shall be furn ished to lhe Company within 90 days afler the insured cla imant shell ascerlain the tacls giving rise to the loss or damage , The proof of loss or damage shall describe lhe defect in. or Oen or encumbrance on the title, or other matter insured against by 1his policy which consl it utes the basis of loss or damage and shall state. to the extent possible. the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of lhe insured claimant to provide 1he 1equired proof of loss or damage, the Company's obfigal ions to Iha insured under the policy shall 1ermlnate, including any liabTiity or obligation to defend, prosecule, or continue any litigat ion. with regard lo lhe matter or mailers requiring such proof of loss or damage. In addition. the insured claimant may reasonably be required to submit to examination under oath by any aulhorized represenlative of the Company and shall produce tor examinalion, inspeclion and copying. al such reasonable 1imes and places as may be designated by any authorized represen1ative of lhe Company, all records, books. ledgers . chec~s. correspondence and memoranda , whelhe.r bearing a dale before or afler Date of Policy, which reasonably pertain to the loss or damage . Further. if requested by any autbmil.ed representative of the Company , lhe insured clajman1 sha~ grant Its permission, in wriling, for any authorized represen1a1lve of th e Company 10 examine, inspecl and copy all records . books. ledgers. checks, correspondense end memoranda in lhe custody or conlrol of a third parly. which reasonably pertain to the loss or damage. All information designaled as confidential by lhe insured claimanl provided 10 the Company pursuant to ·this Section shall mn be disclosed to others unless, in the reasonable fudgment of lhe Company, it Is necessary in the administration of the claim. Failure of the insured claimant to submit tor examination under oath. produce other reasonably requested information or grant permission to secure reasollllbly necessary information from 1hird parlies as required in lhis paragraph shall termin ate any liability of the Company under this policy as to that claim. 6. Dp1ions to Pay or Ot herwise Seule Claims: Terminelion of liebm1y. In case of a claim under this policy. the Company shall have the following additional options: fal To Pay or Tender Payment of the Amounl of Insurance , To pay or lender paymenl of !he amoun1 of insurance under this policy logelher with any costs . auorneys ' fees end expenses incurred by the insured claimant. which were authorized by lhe Company, up lo the time of paymenl Of 1ender of payment and which the Company is obligated to pay. Upon the exercise by the Company of tbis oplion, all liabilily and obligations to Iha insured under 1his policy, ot her than to make payment required . shall terminate, including any liability or obligation lo defend, prosecute, or continue any litigation. and th e policy shall be surrendered to the Company for cancellation. {bl To Pay or Otherwise Seule With Parlies Other Than Ih a Insured or With the Insured Claimant 6) to pay or olherwise settle with other parties for or in the name of an insured claimanl any claim insured against under this policy, together wilh any cosls. anorneys' fees and expenses incurred by lhe insured claimant which wera authori1ed by the Company up to lhe lime of payment and which the Company is obliga1ed to pay; or (ii) to pay or 01he1wise settle with the insured claimant the loss or damage provided tor under this polioy , together with any cosis, attorneys' tees and expenses incur red by the insured claimant which were author ized by the Company up to the time of payment and which the Company is obligated t.o pay . Upon 1he exercise by the Company of either of the opt ions provided for in paregrap hs lbllil or (iij, lhe Company's ollligati011s to 1he insured under this policy for lhe cla imed loss or damage. other lhao lhe paymenls required to ha made, shall termlna_lo, including any liabilily or obligalion to defend, prosecule, or continue any litigation. ----------------------------11 LTG Policy No. LTHI246244 I Our Order No. GTF246244 Schedule A Amount $235 ,000.00 Property Address: CARBONDALE CO 81623 1. Policy Date: July 01, 2005 at 5:00 P.M . 2. Name of Insured: ROGER A. BATH AND DEBRA A. BATH 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: ROGER A. BATH AND DEBRA A. BATH 5. The land referred to in this policy is described as follows: LOTA MJN SUBDIVISION EXEMPTION ACCORDING TO THE PLAT THEREOF RECORDED JUNE 6, 2000 UNDER RECEPTION NO . 564548 COUNTY OF GARFIELD STATE OF COLORADO Land Title Guarantee Company Representing Old Republic National Title Insurance Company Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Nurn 246302200008 Not available P & C NIESLANIK LLLP Rll 1908 481 COUNTY ROAD 100 CARBONDALE CARBONDALE, CO 81623-9547 246303100025 Not available ROARING FORK R007305 1405 GRAND AVENUE CARBONDALE SCHOOL DISTRICT RE-1 GLENWOOD SPRINGS, CO 81601- 3807 246303400014 2492133 HWY STOVER, SUSAN R090071 2492HIGHWAY133 CARBONDALE FAIRFIELD CARBONDALE, CO 81623 246303400017 2504133 HWY YOUNG, CATHERINE H R090017 r 2504 HWY 133 CARBONDALE, CARBONDALE co 81623 246303400034 2494133 HWY BERRY, ERIC H & SARA R090181 2494 HIGHWAY 133 CARBONDALE v CARBONDALE, CO 81623 246303400035 2502133 HWY APPLEGATE, CURTIS K R090182 PO BOX 6482 SNOWMASS CARBONDALE VILLAGE, CO 81615 246303400040 2510 133 HWY MULLETT, PETER C U/W R090199 2510HIGHWAY133 CARBONDALE JEAN C MULLETT CARBONDALE, CO 81623 246303400045 420 MJN RD RICE, DEBRA A AKA R042123 420 MJN ROAD CARBONDALE, CARBONDALE DEBRA A BATH co 81623 246303400046 Not available NIESLANIK, MARTIN J & R042124 757 COUNTY ROAD 101 CARBONDALE JERILYN & CARBONDALE, CO 81623 246303400047 Not available RICE, WILLIAM R TRUST R042125 PO BOX 1252 CARBONDALE, CO CARBONDALE 81623 246303400048 20 11 1 COUNTY RD NIESLANIK, MARTIN J & R042126 757 COUNTY ROAD 101 CARBONDALE JERIL,YN & CARBONDALE, CO 81623 Garfield County Land Explorer Parcel Physical Address Owner Account Mailing Address Num 246302200008 Not available P & C NIESLANIK LLLP Rl 11908 481 COUNTY ROAD 100 CARBONDALE CARBONDALE, CO 81623-9547 246303400045 420 MJN RD RICE, DEBRA A AKA R042123 420 MJN ROAD CARBONDALE, CARBONDALE DEBRAA BATH co 81623 246303400046 Not available NIESLANIK, MARTIN J R042124 757 COUNTY ROAD 101 CARBONDALE &JERILYN & CARBONDALE, CO 81623 246303400048 20 111 COUNTY RD NIESLANIK, MARTIN J R042126 757 COUNTY ROAD 101 CARBONDALE & JERILYN & CARBONDALE, CO 81623 Mineral Rights Through my research at the County Clerk and Recorder on March 29th 2018, we were unable to find any documentation relating to Mineral Rights for the concerned properties. We searched back to the Patent Signed by president Grover Cleveland in the late 1800's, documents attached. Nich Public Improvement Waiver Request Because there are no public improvements identified as requirements of the plat amendment, we request a waiver from Section 4-203-K Nich DECLARATION OF ACCESS AND UTILITY EASE:MENT . THlS DBCWIB;ATIO . OJ! ~CCES S~~,YJILrn: EAS&.\IBNT ("Declru-a tion'') 1s made ac:d entered mto tbls ~day 0 ~2018 , by MARTIN J. NIBSLANIK, JERILYN NIESLANJK, MARK ]. NIESLANIK, NIBSLANIK PROPERTIES, LLC and LMN INVESTivfENTS, LLC (collectively, "Declara:o.t"). A. Decla:tant holds fee title to certain real property located within the M.JN. Subdivision E xemption, according to the Plat thereof filed June 6, 2000, at Reception No. 564548 in Garfield County, Colorado ("M.J.N. Subdivision"), described as follows: Lot B, MJ.N. Subdivision, as amended by Affidavit Regaiding Boundary Line Adjustment recorded February 22, 2005, in Book 1664 at Page 143, at Reception No. 668960, and being more particularly descnoed as follows: A tract of 1a.:nd situated in Lot 17 of Section 3, T ownship 8 South, Range 88 West of the 6th Principal Mericlia.n, being mote particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 17 whence a stone found in place for the Southeast Comet of said Section 3 bears S 19°15'37" E 2040.73 feet; thence N 87°41'35" E 395.00 feet; thence South 323.87 feet; thence West 221.87 feet; thence N 29°17'50" W 353.15 feet to the point of b eginning. ("Lot B''); and, Lot D, M.J.N Subdivision, as amended by Affidavit Regarding Boundaxy Line Adjustment recorded May 24, 2005, in Book 1689 at Page 965, at Reception No. 674802, County of Garfield, State of Colorado ("Lot D"). B. Declarant, on behalf of itself and all successors in title to Lot D (''Lot D Owner") desires to create a permanent non-exclusive easement for access and underground utilities over Lot D which shall benefit and be appurtenant to Lot B, subject to certain terms and conditions set forth herein, which shall bind those in title to Lot B, theix successors and assigns ('Lot B Owner"). DECLARATlON AND DEPICA1'1 0N NOW THEREFORE, Decl.arant hereby decla:tes as follows: 1. Grant of E as ement B ene!ittiog Lot B. Declarant hereby grants, transfers and conveys, by decla!ation, for the use and benefit of Lot B, a petmanent non-exclusive easement for ingress and egress to and from Lot B, and for the installation, use, maintenance, repait and replacement of underground utilities serving Lot B, described as follows ("Easement Area"): 903048 02/08/201810:31:37 AM Page 1 of5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded -----· ·--~--·# ------~- A 30 FOOT WIDE ACCESS EASEMENT SITIJATED IN LOT D, MJN. SUBDIVISION EXEMPTION, DESCRIBED AS FOLLOWS: BEGINNING AT 1HE SOUTHEAST CORNER OF LOT A., MJ.N. SUBDIVISION EXEMPTION (ALSO BEING THE SOUTHWEST CORNER OF LOT B, MJ.N. SUBDIVISION EXEMPTION) THENCE EAST 65.00 FEET; THENCE SOUTH 30.00 FEET; THENCE WEST 213.21 FEET; THENCE N 03°18'59"W 30.67 FEET; THENCE EAST 150.00 FEET TO T!lli l:'OlNT OF BEGINNING. 2. Imptovements to and Maintenance of Easement Area. Lot B Owner shall have the right to construct a driveway within the Easement Area, provided that any such driveway shall consist solely of a dirt or gravel surface similar to the road surface of, and otherwise consistent with the width and design of, the other private roads within MJ.N. Subdivision., and no other improvements of =y type whatsoever shall be constructed or installed in the Easement Area without the express written consent of Lot D Owner. Without limiting the generality of the foregoing, no lighting shall be installed within the Easement Areas and no illumination thereof shall be pennittcd. Lot B Owner shall further have the right to install underground utility lines within the Easement Area which serve Lot B, provided such lines are designed and installed by qualified professionals, and further provided that any ground disturbed by such installation is promptly restored to the condition which existed prior to installation. Improvements installed within the Easement Area are subject to terms and conditions, including review and approval requirements, set forth in the recorded Declaration for M J.N. Subdivision. Lot B Owner shall be solely responsible, at its sole expense, for the maintenance of the Easement Area, .including but not limited to any regrading or snowplowing of any driveway therein; provided, Lot D Owner shall have the right, but not obligation, to maincain and improve all or any part of the Easement Area. 3. lndgppity. If, as a result of any act or omission on the part of Lot B Owner, its agents, guests or invitees, any claim., action or suit is made or brought against Lot D Owner relating to the Easement .fuea, Lot D owner is hereby indemnified by Lot B Owner. Lot B Owner agrees to defend (including payment of reasonable attomeys' fees) and to hold Lot D Owner hannless of and free from any claim., liability, damage, cost. expense, loss or judgment :resulting from any such act or omission on the part of said Lot B Owner, its agents, guests and invitees, including, but not limited to the amount of any judgment or settlement entered into in resolution of any such claim, action or suit. 4. Attorneys' Fees. In the event any action or proceeding is brought by any party for the enforcement or the attempted enforcement of any of the provisions of this Declaration, the prevailing party in such action or proceeding shall be entitled to recover its reasonable attorneys' fees, in addition to any other relief to which it may be entitled. 5. Modification of Easemeirt. No waiver, amendment or modification of this Declaration shall be valid unless in writing and duly executed by the party charged therewith.. 6. .6.pplic:able L:cy. The law applicable to this Declaration and its interpretation shall be that of the State of Colorado, and any litigation arising out of or conceming this Declaration shall be commenced and maintained in Garfield County, Colorado, and the parties hereby submit to the personal jurisdiction of Colorado in connection therewith. 903048 a·21aa1201816-:31:37 ArVfPage 2 of5 ·-~·-------··------·-· ----· · Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded ---=--·---- 2\Page 903048 02/08/2018 10:31 :37 AM Page 3 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $0.00 eRecorded 7. ~-Any and all :notices required ot permitted to be given under the tetm.s of this Declaration shall be effective (i) o:n the date of actual receipt if sent by U.S. certified mail, retum receipt requested, postage prepaid, addressed to the party at the address on file at the office of the Garfield County Assessor for such owner; or (ii) on the date of delivery, if delivered personally to the parties. 8. Binding Effect Covenants Rnnn:ing with the Land. This Declaration and the easement granted herein shall be binding upon and ln.ure to the benefit of the owners of Lot D and Lot B and their respective successors and assigns forever. 9. Counter;parts-This Declaration may be executed ln. multiple counterparts, which, when recorded together, shall constitute a single ln.strument. Thf WITNESS WHEREOF, Declarant has duly executed this Declaration to be effective as the date set forth above. STATE OF COLORADO ) _ /) ) SS. COUNTY OFT_T1lJ,,V ) ~ The fotegokig ln.strument was acknowledged before me this f day of ~1018, by Martin J. Nieslanik and Jerilyn Nieslanik My Commission Expit:es: I hm1~ Witness my hand and offi~ ·1 ~ SUSAN HASS NOTARY P.UBLIC ·' ~:reOFCOlORAOO I #200440023S0 1 ,., ·• EXPIRES01-22"202!l ';7.''··:' .-~ ---~~-·-~· 3IPage Improvements Agreement No Public Improvements are necessary for this amendment. _ __,..--~~--1-r-___ _ ·--• ar •1 u·l m.oi' ------- \ I I I I LINES IN SPA.CE L ANO a Ullll'fl•YI -.1..----------------------- Lot-A .LOT B 11 . 11411 AC +/- I I I I I I I I I I I I Lot-D I ;--------i-----;::::::::==:::i:==~~~-";;::==:::':jF'..::..;'--.----F"=· --;zt -----··t-"''::-.=.:::.:::::.-:--.... -.----·-. : '-· .. ~· " .. --.. ·-_,,_., _____ ·-·--\ -----=---- -------------">U'-'~'i''''--1--------·..._ --r.oUUl.t cr.m ... ,.. ·~K .om-n (A=I -------\D'TOLIC n.::::-;;;;---... .. _ •I to,.!~ CAW.O! --- \ I Lot D SCALE : l"E20' LEGAL DESCRIPTION SURVEYOR'S CERTIFICATE ~i 1 t;1 ~;=~ ~·~.!~m-~!!i~,"::F:~·et::~ ~~~·:.~:!~:~ . ._,. rt Kr •......... 4 .......... , ...... 1., .... :1rn · .1~,1 :.···i:.:, •. ••to ••····~ :il~:::!!H~!:H :f~:;1!:=n~:a'~;:J lU ·Ha1t1~c~d ~:·~ ~:~~m1 :!.'' ~:::;~·;;.~•!• ..... ~IQ}~ ........... ~ ....... , .......... •h •• , ........... 1 111 ' f;:Ji w 11o1-.10 ... LEGEND AND NOTES 0 ...,. ...... "'~ lllM:a ..... 1•11 1 • o 'l'(t ~-.,... Cll t..u'fW IC.IJI~ --..r 1.r-c: -C•WIG DWUl'C H::·~ ~v· 1~n~1~JA ~r1~1 ''.D \' "'' •• ,, 10 A•• .... 205707 VICINITY NAP SCALE : 1"•2000 ' LINES IN SPAC! LAND IUJllY I YI M J.N. SUBDIVISION GARFIELD COUNTY, EXEMPTION COLORADO s LOT D S0 .871 AC I I I \ I I I i I I I I I \ I I ~:~.1~ \ .. LEGAL 0£SCJll'TDHS ~ ~.-Ji. ~.:;:..~~~;.;,~!o_ ~ ~ 8B .. ,.,......,.~~-'-- ~;.g:e-;~~,.r~wr;~~ :.:-.~l.,~~ t;z ~~./ ~~ ~t.:!'. Me• ~:-r~~.!.!;·: ;;:;;;~ r~-,!.~'.'t!':-~:. O:~( ( ~~~~:·~-=J=,:.-.·1~:1.""' ~t~_!?fSClllPTI~ SCALE: 1·-100· b::J~n.S•"ioft 2. ond Loi 17 . hcl fo~ l , To•Hhlp 8 Su~+.. ~g~9• 81 Wu1 ,.r 1h• Sio•J.. ?f<~ci 1u l i~~!1 :!~7 t t :~;:.:! ~~,~1 !1·0:~,::1a•·,i:1 .•:rc::.i~~·::l•",.!.::;'t ~;:;-i:.!',::;~:1 ..:~; tt~'U'1.:: .!1 ~·;!: .,c::·;~~t:. !;, i~· 1~:.: '~;·;;..~;::;.~., •:!~ .. !;t!l·~ ~.1 •• ::;; .:/' .!~ ~!,.~ :, ,.,. t;•d.u c ••• 1, c1u~ ,.., it.,.,., •... of nu . 1 h1• '""-' •f ••t J'-'1•9 1h •tt• :.._w i ~·:f· ( •ia.·a u.id •l ~;':t.'i;j t~1~:-I ::,:· .~·.;~ l:::t:~:: ~·1v~·=!~-.1·1 :::j 1: ~~,!~!~!I 1 f • '":1.:,~.r.:!!" 1.,.,,, ~!!1 ?:•:=~ .~.! ;:,!."~i .. Z:~:.!.:~ 1 r. .. u ,~.u . "xr~o ·u· e '48 e fe•1 : q.,.,. .. ,. 1rn ·w r J.).O EXCEPTING THE!tEFROM: Thar porc1I of Ind locot•d i1 11'11 $0~1hH1I C.:irur ~r Lot 17. ~h•crio~ 3. ~:::~7~td 8 i !0W!~~ .. :~;9 ;,:: ~:;!r d!d 1 ~:n:'S. P'i~;g i'i:1 a~l i~j8" ~-, a;,.;:ft2~·!. '"A!c::;To~'~! '.cibS7bf . it.HO Fl.IRTME.lt EXCEPTI~. uy ond a11 ludo ducrii,•c! i1 1r cloi••d ao o rrnlt of 01i11 T1H1 D1cr11 r1cord•d ;n !loo~ !t~ 01 Pog1 57ft a1 ll1np~;,.. No. 2°"?06 A Piro! of lud o lHO!ld 01 lot 17 , S.c1io1 ~. To 110hip e SoH':i. llo1111 H .. ,1 of ~l'I~ Sioth PriaCif11I ... rid illO. Co•nly of Clodi •l4 ~ 31c1 • of Colon4o oo fd p11•u1 b•·n~ «or• portinlulr d•u:tib14 OI follcu 7~:•£:~: :11°1 t ! ~: ~r • ;~:~ 0; r~;:: :; d!.~~: ~1~'~ ! 1 ~:.!~1 i ~:•:.;, N zi;~f:· ~-1" 1 ~~i~~ I~ •c~ •;~~a ct:;~' a:; R1card11r'1 Orr1c1. ,,,. Tn • Poi •t of t19lnni•9' •""-"'(• N w1o·•t·. •'"""t •a '• Eu11r!1 l1u j.9!·11 r1.1 5; .~~1 r::~ ~ "~h~!c;0 ;~~. ;;.z;! d" '68~~·r:1~~-,~:~=~~ z7:4l ~5~!•; r.lt :~' 1.~~~·~t.!tc! 1 ;•1~· ~j:~.·~· J. 11 rnr: 1h .. c1 S Dl"l<l·41i· .. Sl.20 r,.u rl'l .. c• !I 30".30'4&• • 2S.!i<I u •t '"'HIS 11' 13'15' W 1).0(; f .. 1 111 1h11rupoi1• ofb•1i•1 '1M9 n.1 r •••1'1 ·t~•••I t ,•oi•l •• .:.11 .iJ.i!"u '• -·••'" h" Cl:Mr!TY OF GARFIELD St.\TE Of" COLORADO T.8 S ., R.88 \W •• Lot 18 Sec. 2 8th P .M . • r_..~1w..:a-..-oCllll9'I 0 ICltll'tiAl &C.,\,t tllll flFAR I MG STHfMfNT tC "'t.t.o...o.i. (I 61 'U:"t9• c • ~1· 1'"5!" !~ lr~E:.~r C"' 61'U"l4" ~: :;;~:~~: (If IS'"Sl'•J" C tl 11'l;·~- ·~-90 ' 7,_,,. ZOI0.10" ~~.()C ,s,oo· i~.21· 1oe M" 62.QI lJBO' J.O(l.Ql7' ;as1· :·t,~~1~~ i 9E :.::::.~1 ~ ·~:b:~· o;:i I:~! ·:o;:.; t~r· i37j~ :1;!~: I"~!!;!! .:i: ~ :~;;::E ~;:: ~·~~!!7~~; '. ~! ~!:r~:F; 1 ~:r~i~~~="i::~~: !~;;!i !~;:fa it.~ 's::, ~: R:~;. s;rh- .. , ~.~ 67 ,7•" ~~~F 116.10 ' ee .Je J:l.78 tJ,)2' 12!.76 (\~ ~ 1'.EQ!!J!.A "' tt"l #'IC..!J o~ .. t}t!i" nt :~,f:~ .. :·1'.;.'.":.o~!;!·~ d:" !rcuu;y!f-,"•,, i~O:'.r· eoio•ado, a i fOOOltl;?,..'lf:i!i''I t ~cor d11d.....,.lo l lloo~ II ! •a,•----•• ••c•l'f1oo Ho. 11' -c.t r'l,,'I .:w:.ff:!.:.ta4.4/ MP•nN ~-" ,,. , (;~ .. ~~-I tU oe J ~i-.ol 4 e~·.!~!.~:3 ~~ll.b~o:}::::d.~~1,;:o~~.-::~~~~:;:;o;:;:1 ·~!~;~0~i~:~ll•d l o! OIO! th• do~ f ~11 11:~ • T~;" '~;:: r:. ·~!1~ !:: 1 t.~ 'C ~-'.s~·is~ 1 ~ :o~ ~ :: ~0 ~:~. ~·t:~·;:~ .~·:!!!lo:;' 1 " 1 ;.i-~i1::!3· ~:4 • !~!~~;:::~.! :~!~1~1 01 1 !:~:~o \8 1::r i.!;:~ !;•? 1::!! • H~I !,~i~!!!:?. ••• 11 •n ~. Alf nor.or l;!Jhll~'J 1holl b1 11'1• •11i11n o•oU I u.:10n•y. A11 •zllricir ll gh1 1•! tlool I l>• Oir1ct•d 10111rd. •o•orO 1h1 i•t•nor of rh1 loto . 1 •c1p1 1).er l"•o•i•I<>•• •ay ~1 .. ,, 111 a t lo• for iof•I r I i1h t; •9 HIH4 i 19 b•yo•d I ti~ P'opon 1 bo .. dar In. Con,.) t oith 1h, Go•li•l4 co.,r 1 hild119 O•parnur ror d11n1lo, ! ~f :;:!!; :::; l ~ :~~:: :~:ri~ ! c ~ ! !~ ~::;;~ :: :~~:!~!~ :~~ ~ ~~1~ ~ ::T 0 l;!::~7:~ ::~;? i . !:• • , .... prutfau. II. Sp•C Ir jg ,.ol 119 ICO I h•:r•rdo •01 i.. ·~~11••11r•d der i •9 , h• p I ac.111• I or 1 lrtcl .... :i~h·~~!·~;C!id"c,..!;;·8 ~~i~;~~c0 :;:~~!;!,'1~/~:!:~i~~ •er l>• r1~vir.d Cani•!r T•u1 ! ~\ r.::==================~~ LINES IN SPACE UNl:I 1\1 •'1'1.'f'I LOT EASEMENT EXHIBIT M.J.N. SUBDIVISION EXEMPTION B s GARFIELD COUNTY, COLORADO LOT \ \ l \-..... hH l \ g ~· I JI?', ........... .. o/ rnr..r~ .:::::---l /,1 -----....-::::::--------""::::::// t'•M.W."W1J••·llC ~ ... , ..... -..... ,~ l D 30 .671 AC \ I I I I I I Lot 16 ~: ! . 1 ~ I T.s s .. R .ee\w .. Sc c . :I 8th P .M , I \ I I l \ • .,..\I •• \UC 8[.t."lllO L I O!l,-H ,,. t ! : ;:::: ~~:: .,. 111r 1> is -, \ 5 II :W1' ~·-E ~ to 1101•1< n·E ~ : : ;~:;~ ~:~ i,9 11.,...•311J·E \10 'St"lll>·• ' ll ' ~5' ~5 05""¥1 ~ :; : H:~1 ~:~ ! II~ : ::~~ ~'.: '" ,10 SlO•IOJOE 1 10 N arz6 2J E t 21 ~ n-u oo'! '" 0 ltf•Uo1W l J u ul --nu.•4Tt:-Cf<JUn.•IC 35.&0" 50.35" 37.39" .. .. " " ~-! i! :t. ... M.t.lt •141 O".l: HI " s1·a ·s 1• 00"19H lWSJ.H' li:~~·: ;~:~:~: ;g~ ~-:. """ 22957 "N ,., .. '"' ne1 l~l1 '" 7J ' ICIU 11690 ~" l~·~ u 71 OI SI ~:lo;,} ~~(-:.. ·~~:-~"J;~,1,i;,. OL...51!~!00(!:.:y~oc!if,!..,. >o.,~~ ::;r U -•!"""l•ow•'tff.ecMd<>1f..ao.,· ,,._, of •oid Loi 17. h?o,",f.:~v~~J,l "'1ic !M r .. 1: •"-~• 1 '-of •ood Lo• 17: ·-· fu-1: .... ..,. NIS"4709'E 6677 [u 1:1"-•n N21"J7.S8.E "' 1 • 'J22l"( $·:.1~.ll~~t~~:yy,!!!~.:..~~~\~i E'!~ _. ...... i.1roc1of ~11t"ol1d"'Lo1 171>ISoc!t ooJ,To0N~8So.r1h.R...,!l'B5 :::! ~~i~.:t' ~~~~~!l:ti"i .. :.""r;,,ld co,.,.11. Co!Otodo . ...,d b•"'9 Bogii-:>g ol o ~I oo 1M Nor1horly ~y IN or o~ Loi 17 ""'•..:• o ~~37· rE2i~0.~13i.!~' ,r.~.:N1 ~7'?~r~r-"f 3"Js.'o~ ?.~·.:~~!c~e~~.1~ 19' JU87[ee1:1horceWro1221!l7[0111haocolll29'17SO"llllSJJ5ful10 1h1 pci•I of bo911>n1r1<3 co"la.ni.o9 2 2~2 ocro1 ~o•• or 1,., ,It, lrocl of t111<1111uo1ed "'Loi 17 or 5•c11<>0 J, T"°''~'P 8 Sou1h. ~""9• H 'lle11 of ihe tito Prnc1~cl lil•r\d"._ Garro.Id Couol~. Colorodo. o'd btiog .,...;tporhcu~l1de1cr ibtdo1folot1 ~~r:;~.,t1",ilS~~fo:1b~.!. '~°i'l!ss19~ l'i76s'.~2 r:1~~~':\~ ss· 395~-E 20672 ru1: 11\enc• s 0Ji1rssr E J77BO lu1: .~ •• Wu• 2~560 r ... 1: '~'""' N os·•n2· E J7~ 1; r .. , '" 1t.. P°*' or b•9""""'9' 1M '""1 of be9.,.,9. c.,..1,,.-g 2.0ll DCrH "'°'' "' i.u. hCC.•J .,,., .... :~:~-~:: ~n .. ~ SCALE: 1'•100' ,,. '° 2n•s 6•Sl M" ~ .. ~" 611!1' llJ IJ M" 11121 sw 1112·• l1Wl4S0"( S t:J"' 11 SJ"W s 1-rs•2e·E !61"CD2l"E !~cill be ·~~:· .. ~~) ,!"i/;~~r~:~dl ~~'rh~ftf~~.,·:~:.'."·:·~~;~~~~/j,~~-d~~~~~" plct1ul lo• ""d •h• t f ~. 1 bw• •, .';° , i~:: ~~"'&~~ , ~:~d~~ •c 1. 11 '. S'. "~~~]: '1 Di'. 1 ~, ~r, !~ ·~·~~/~t!"~~ • ~ 1 .~~:.~ 11 •n '01 "1-~i !:~! 3"!:cl .!~::~~~~r~d :!~~.~· .. ~ 1 !~~~~o I" 9 ~:1 b~:: ~ !~ "?, ~:!: ... ~1 ~p~i~!!~:?. ""' 1 ' "'" 17 1 1 )151 ' 41U" "" N5!l"l922"E lr/~"•7•0"E N 12"4•·1r[ ~i. .. 11 b. a.~~~ 1::. 1 ~·.~:·,/ ·1~~~~a ;Z 11 , .~:. 1,~~ ;1· ~ ~:· 1 ~~~~· ~.~!~~· ·\~~~ · p•~~ 1, .~~~:· ~:·, l~9hi · "9 •od• lo o l loo ru .af111 109~1 "g oo l1od 1•g b11o•d 1-., P'"P'"Y bo .. dor•.,. Coo HI! '"~ l~e God ,old Ccunly B•• li:l"g ~parl•eol for doi" l o. : :~=~~=; 1 ;::;·: ~ ': ~~ ! 1:;: ;~y~: ~:~::~=~!;~:I: :~r :~~-1 ~:~~ :~ ! ~~ -·· ~r l :: ~ =~ "::~: ~ ~~ r~:~~ 11 U 1 he p' .. ~" c ••. ~. Spocd1c 91olo9ocol ~~>ordo "'"1 be """'"•ued dY"'9 1ho placo~en1 <>f o1'Uol., .. :~~h·~~!'~a~':!id'c 0 .~:~·~:~rd:~~=o:;~~~~~:,r'r~/~:~;~~:1 "'o• be roqrned. can .. 11 I llllll lllll lllllH 111111111111111111111111111111111111 669856 03/08/200~ 11:28A 81668 P460 M ALSDORF 1 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MJN SUBDIVISION EXEMPTION THIS D ECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR MJN SUBDIVISION EXEMPTION (hereafter the "Declaration") is made this ~ day of March, 2005 by MJN Land Investments, a Colorado general partnership (hereafter referred to as the "Declarant"). RECITALS WHEREAS, Declarant is the owner of that certain real property known as the MJN Subdivision Exemption (the "Subdivision Exemption"), as the same is laid out and described on the Plat thereof recorded as Reception No. 564548 in the records of Garfield County, Colorado (the "Plat"); and WHEREAS, the Subdivision Exemption consists of Lots A, B, C and D (collectively the "Lots"); and WHEREAS, Declarant is also the owner of all water and water rights, ditches and ditch rights , wells and well rights, well permils, easements and rights-of-way appurtenant to or used upon or in connection with the Subdivision Ex emption and all other common facilities and appurtenances related thereto, all of which shall be deemed to be included in the definition of "Subdivision Exemptio n" as set forth and used herein; and WHEREAS, Declarant has created an unincorporated nonprofit association known as the MJN Subdivision Exemption Homeowner's Association (hereafter the 'Association") for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the members of which Association shall be the owners of the Lots and which Association shall also administer and enforce the covenants, conditions and restrictions herein set forth and collect and disburse the assessments and charges all as hereinafter provided; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Subdivision Exemption, and to establish a method for the administration, maintenance preservation , co ntrol, use, and enjoyment of the Subctivision Exemption, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. 1 SHANE HARVEY, F.9',l. HOJ..J:A~ AND HARl' 600 E. Hain St. Aspen, CX> 81611 1 111m 11111 11l1m 1111 n111lm ''"'" m 11n1 lt1l 1111 669856 03/08/200! 11:28A 81668 P461 M ALSDORF 2 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO DECLARATION NOW THEREFORE, Declarant hereby declares that the Subdivision Exemption, and all Lots comprising the same shalJ be held, transforred, sold, conveyed and occupied subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of the Subdivision Exemption and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest in the Subdivision Exemption. ARTICLE I DEFINITIONS 1. Annual Budget. "Annual Budget" shall mean the calendar year estimates of Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager, all as more particularly provided in Article VI below. 2. Annual Meeting. "Annual Meeting" shall mean the meeting of all members of the Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 3. Annual and Special Assessments. "Assessments" shall mean all assessments, Annual and Special, for Common Expenses of the Association, and all installments thereof, with interest thereon and costs of collections, including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 4. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for Common Expenses, calling special meetings and otherwise managing the administrative affairs of the Association. Subsequent to conveyance of the first Lot by Declarant, the Association Manager shall be the Declarant or Declarant's successor in interest as herein provided, at all times during which Declarant or its said successor shaU own at least two (2) of the Lots comprising the Subdivision Exemption and thereafter to be determined by Owners Action. 6. Common Expenses . "Common Expenses" shall mean the expenses incurred by the Association under the provisions of this Declaration and which are payable by the Lot Owners upon assessment. 7. Common Fac ilities. "Common Facilities" shall mean all real property (exclusive of the Lots) or interests in real property, improvements thereto, and personal property now or hereafter owned by the Association through dedication, conveyance, or assignment by the Declarant to the Association or acquired by the Association through Owners Action for the 2 111111111111111111111111111111111111111111111111111 1111 669858 03/08/2005 11:28A 81668 P462 M ALSDORF 3 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO common use and enjoyment of all Lot Owners, and more particularly described in Article IV below. Such Common Facilities shall include without limitation all common elements, easements and other real property interests dedicated and granted by Declarant to the Association by that "Common Elements and Easement Declaration" made and executed by Declarant and recorded simultaneously herewith in the Garfield County real property records, which Common Elements and Easement Declaration is hereby incorporated in its entirety by this reference. There are expressly excluded from the Common Facilities any easements, facilities, property and stmctures the purpose and appurtenant nature of which are to serve or benefit less than all of the Lots within the Subdivision Exemption, including without limitation, domestic water service lines, irrigation pipe laterals and utilities designed to serve benefit and be appurtenant to one or more but less than all of the Lots. Any such excluded facilities, easements, property and structures shall be controlled, operated and maintained by the Owners of the Lot or Lots served thereby as appurtenant thereto at such Owner or Owners' expense. 8. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 9. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. 10. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the Association which statement shall be executed by no less than the Owners of three (3) Lots or their respective authorized representatives. 11. Rules and Regulations. "Rules and Regulations" shall mean the rules, regulations, guidelines, policies and standards as may be adopted and approved by Owners Action as provided in this Declaration governing the use of the Lots and the use, operation, maintenance, and administration of the Common Facilities. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY I. Lots. Lots A, Band C shall be used only for the construction, use and occupancy of and as single-family dwellings and customary accessory uses as defined in the Zoning Resolutions of Garfield County, Colorado, or a<; pennitted by the further provisions hereof. The foregoing notwithstanding, it is acknowledged that a single family residence currently exists on Lot D and that the Owner of said Lot is entitled to utilize such existing structure as the primary residence on Lot D. The Owner of Lot D shall have the right to remove the existing single family residence currently located on the Lot at any time in the future and construct a replacement residence elsewhere on the Lot; provided, however, that any such removal and replacement activities sball be subject to review and approval by the Design Review Committee prior to commencement of any such activity, including. but not limited to, review, approval and establishment of a new building envelope for the replacement single family residence at the Owner's sole cost; provided further that no part of any new building envelope for Lot D may be 3 I llllll lllll lllllll llll llll lllll lllllll Ill lllll llll llll 669856 03/08/2005 11:28A B1668 P463 ti ALSDORF 4 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO located closer than 295' from the southerly boundary of Lot C. In no event shall the Lot D single family residence be allowed to relocate within the agricultural area of the Lot or in any way interfere with or disturb exi sting and/or potential agricultural uses of Lot D. Lot D shall remain as an active agricultural property despite the subdivision exemption of the Lots A, B, C and D. Therefore, the Owner of Lot D may utilize such property for agricultural purposes in addition to single family residential purposes subject to the conditions set forth herein. 2. Use of Common Facilities. Subject to the l imitations set forth in this Declaration and any Rules and Regulations adopted by the Associati on pursuant to the provisions of this Declaration, each and every Lot Owner shall have the right to the use, enjoyment and benefit of the Common Facilities. 3 . Building E nvelopes. Prior to issuance by the County of a building pennit for the construction o f a new residence on any Lot, the Owner and the Design Review Committee shall mutually establish the most efficient and practical building envelope upon the subject Lot. The Owner shall be solely responsible for surveying said building envelope upon the Lot and recording a document in the County real estate records depicting the surveyed building envelope. All above-grade improvements to be constructed upon a Lot, with the exception of improvements which are necessary to facilitate ingress and egress to and from a Lot or improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the building envelope established for such Lot. In the event a replacement single-family residence is ever constructed upon Lot Das contemplated in Article II(l) above, the Owner of Lot D shall be solely responsible for the cost of surveying and establishing such new envelope, subject to the terms of said Article ll(l), and shall thereafter record a document memorializing such new building envelope in the real estate records of the County. 4. Appu11enance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lot owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. For purposes of general ad valorem property assessment and taxation, the provisions of C.R.S. 38-33.3-105 shall govern. 5. Governance of Subdivision Exemption. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the ownership , operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the Association and the Lot Owners through their right to participate by Owners Action in governance of the Subdivision Exemption and all of its Common Facilities as said rights are more fully described in this Declaration. 6. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory partition of the Common Facilities. 7. Enforcement. The Declarant, or the Association by Owners Action, or any Lot Owner shall have the right to enforce the covenants, conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for 4 1111111111111111111111111111111111111111111111111111111 669856 03/08/2005 11:28A 81668 P464 M ALSDORF 5 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO damages and injunctjve relief. In the event of any such action, the Declarant, the Association or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonable attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration . ARTICLE III MEMBERSffiP, VOTING RIGHTS AND OWNERS ACTION t . The owner of record of fee simple title to each Lot shall be a Member of the Associati on. For purposes of this Declaration, if a Lot is owned by more than one person, all of the p ersons owning an interest in fee simple t itle to the Lot shall, in the aggregate, be the Lot Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves, des ign ate one of their number to participate in and represent the others, in any Association affairs or Owners Action as herein described. For purposes of participation in Owners Acti ons and any other voting matters in the Associat ion a Member owning more than one Lot shall be entitled to one vote for each Lot owned. 2. Except as otherwise herein provided, the ownership, operation , management, maintenance and repairs of the Common Facilities and all Association actions taken with respect thereto shall be undertaken and performed pursuant to Owners Action. The Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities and such power and authority shall include, without limitation whatsoever, the following authority: a. To own, purchase, lease, install, operate, maintain, repair and replace all or any part of the Common Facilities; b. To adopt such Rules and Regulations as are necessary and appropriate for goveming the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget, for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and co1Ject Annual and Special Assessments for the purpose of paying aJI Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a one-fourth (I/4th) share of the total assessment to be paid by the Owner of each Lot; e. Subject to the provisions of Article 1(6), to elect at the Annual Meeting by Owners Action, an Association Manager to act dming the upcoming year, on behalf of the Assocfation and in such capacity to exercise all powers of the Association 5 ' llllll 1111\ lllllll llll llll lllll 11111111111111111111111 669856 03/08/2005 11:28A 81668 P465 M ALSDORF 6 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO delegated to him by such Owners Action; f. To e nforce, by Owners Action, the provis ions of this Declaration and any Rul es and Regulations adopted by the Association as provided herein, either through Owners Action or by delegation of such enforcement authority to the Association Manager; g. To establish a date certain for the Annual M eeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of all Annual and Special Meetings , shall be given to each Member by mailing such notice to each such Member at leas t twenty (20) days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the Association. h. To receive and use for the joint and common benefit of all Lot Owners any revenu e s received by the Association from whatever sources and determinati on of the specific uses of such funds. 1. To take any other action necessary or appropriate to carry out the purposes herein expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. ARTICLE IV COMMON FACILITIES -OWNERSfilP, USE, MAINTENANCE The Common Facilities which shall be owned by the Association include, but are not limited to, all common elements, easements and other real property interests dedicated and conveyed to the Association by Declarant by the Common Elements and Easement Declaration, all designated roads and easements therefor and improvements thereto, utility easements, main ditch easements, water rights, storage and pip e lin e easements, and drainage easements which serve or benefit all Lots in the Subdivision E xemption as shown on the Pl at. Tbe Association shall maintain and keep in good repair the C ommon Faci lities (and any personal property and improvements associated therewith) and any other improvements to or upon the Common Facilities. Such maintenance shall be funded through the Annual and Special Assessments as provided herein, and revenues received from any other sources, and shall include, but not be limited to, maintenance, repair, and repla.cement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. ARTICLE V INSURANCE AND CASUALTY LOSSES 1. Insurance. If deemed necessary, the Association Manager shall have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage 6 1111\\l llU\ 11\1111 1111 llll ll\ll lllllll lll lllll 11111111 669856 03/08/2005 11:28A 81668 P466 M ALSDORF 7 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO by fire or other hazards , including extended coverage, vandalis~ and malicious mischief. This insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destniction from any such hazard. The Association Manager may also obtain an adequate public liability policy insuring the Association, and its individual Members and Associati on Manager for all damage or injury caused by the negligence of the Association or any of its Members the Association Manager or other agents of the Association. 2. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstmcted and such proceeds are not sufficient to defray the cost thereof, the Association Manager may without the necessity of any Owners Action, levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair, such excess shall be retained to the benefit of the Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate, costs, and reasonable attorneys' fees, if any, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Specia l Assessment, together with interest, costs and reasonable attorneys' fees, if any shall also be the personal obligation of the person who was the Owner of a particular Lot at the time the Assessment was made. All such Annual and Special Assessments shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the Association records. 2. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes, bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of tmst with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees shal1 be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shaJJ be the duty of the Association Manager, at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the Association's membership, to prepare a budget covering the estimated costs and appropriate reserve fund amounts for operating the Association during the coming year. The Association Manager shall cause a copy of the budget, and the estimated amount of the Annual Assessments deriving therefrom and to be levied against each Lot for the following year, to be delivered to each Lot Owner with notice of the Annual Meeting. Such 7 I llllll lllll lllllll llll 11111111111111111111111111111111 669856 03/08/200! 11:28A 81668 P467 M ALSDORF 8 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots shall be subject to the following covenants and restrictions on use and building restrictions . 1. Violation of Law or Insurance. No Owner shall permit anything to be done or kept in hi s Lot or in or upon any Com mon Facilities which will result in the cancellation of insu rance thereon; or which would be in violation of any law, or would constitute a violation of any condition or requirement of approval of the Subdivision Exemption by the Board of County Commissioners of Garfield County. 2. ~-No sign of any kind shall be displayed to the public view from any Lot or any Common Facility without the approval of the Association or the Design Review Committee, except: a) such signs as may be used by Declarant in connection with the development and sale of Lots~ (b) such signs as may be required by legal proceedings, or the prohibition of which is precluded by law; or (c) one "for sale" sign which shall not exceed two (2 ') feet by three (3') feet. 3. Animals. Except for livestock and horses which may be kept on Lot D in connection with its agricultural use herein provided, no animals, fowl or reptiles of any kind may be kept, bred or maintained on any Lot or in or upon any Common Facility except for the following and subject to the following conditions: · a. In addition to the foregoing, Lot Owners shall be entitled to keep not more than three (3) household pets, other than dogs, on each Lot. b. No more than one (1) dog may be kept and maintained on a Lot and then only with the following restrictions and conditions: (i) Dogs shall be kept under the control of the Owner at all times and shall not be permitted to run free or to cause a nuisance on neighboring properties. (ii) Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (15) minute period. (iii) The Association shall assess and enforce penalties against Lot Owners violating the foregoing restrictions applying to dogs, in such amounts as the Association may set from time to time. Until the Association acts to set other penalties, they shall be as follows: One Hundred Dollars ($100) for the first violation committed by an Owner's dog; Two Hundred DolJars ($200) for the second 8 I llllll lllll lllllll llll llll lllll lllllll Ill lllll llll llll 669856 03/08/2005 11:28A 81668 P468 f1 ALSDORF 9 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO violation; Three Hundred Dollars ($300) for the third violation; and for each succeeding violation the fine increases in One Hundred Dollars ($100) increments. Should any dog chase or molest deer, elk or any domestic animals, or destroy or disturb property of another Lot Owner, the Association shall be authorized to prohibit the Lot Owner or resident from continuing to maintain the offending animal on his property. All above penalties shall constitute Special Assessments against the violating Lot Owner. c. All Lot Owners shall keep their dogs and other household pets reasonably clean, and all Lots shall be free of animal waste and refuse. d. The Association shall have the right to impose such penalties in addition to any fines which may be imposed under the regulations of Garfield County or the State of Colorado with respect to dogs or other animals. 4. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or permit any nuisance or commit or suffer any illegal act to be committed on his Lot. Each Lot Owner shaJI comply with the Rules and Regulations, the requirements of all health authorities and other governmental authorities having jurisdiction over the Subdivision Exemption. Pursuant to the allowed agricultural use upon Lot D, as well as the County's existing regulations regarding the right of County residents to fann and ranch agricultural property, no use of Lot D for agricultural purposes or any result of such use, including without limitation noises, sounds, and smells consistent with normal agricultural activities, shall be deemed to constitute a noxious or offensive activity or otherwise be deemed a nuisance pursuant to this Section. 5. Boats. RV's and Motor Vehicles. Except as specifically pennitted by the Rules and Regulations, (a) no boats, trailers, buses, motor homes, campers, snowmobiles, an-terrain vehicles or other vehicles shall be parked or stored in or upon a Lot except within an enclosed garage or fully screened area as permitted by the Design Guidelines; and (b) no vehicle shall be repaired or rebuilt on any Lot except within a garage and then only if such vehicle is owned by the Lot Owner. The Association may remove, or cause to be removed, any unauthorized vehicle at the expense of the owner thereof in any manner consistent with law. 6. Lights. No spotlights, flood lights or other high intensity lighting shall be placed or utilized upon any Lot which in any manner will allow light to be directed or reflected upon any other Lot. or any neighboring property. Security lighting is subject to this provision and must be shielded and directed downward. 7. Antennas. No radio, television or other antennas of any kind or nature, or device for the reception or transmission of radio, microwave or other similar signals, shall be placed or maintained upon any Lot except as may be pennitted by the Association, Rules and Regulations or in accordance with the Design Guidelines. 9 I llllll lllll lllllll 1111 llll lllll lllllll lll llllll lll llll 669856 03/08/200~ 11:28A B1668 P469 11 ALSDORF 10 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO 8. Garbage. No rubbish, garbage or trash, or other waste material, shall be kept or permitted on any Lot so as to be visible from another Lot or the Common Facilities. No incinerators shall be kept or maintained in any Lot. No refuse pile, garbage or unsightly objects shall be allowed to be placed, accumulated or suffered to remain anywhere on a Lot. Trash removal shall be accomplished through contract entered into by the Association and billed as part of the Common Expense. 9. Safe Condition. Without limiting any other provision in this Section, each Owner shaJJ maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots or the Common Facilities. 10. Fires Outside Dwellings. Other than commercially manufactured barbecues or properly constructed barbecue pits or grills and firepits in compliance with the Rules and Regulations and Design Guidelines, or as otherwise expressly permitted by the Association, no open fires shall be permitted on the Lots, nor shall any other similar activity or condition be pennitted which would tend to increase the insurance rates for the Common Facilities or for other Owners. 11. Swimming Pools. Swimming pools or tubs shall be sited in accordance with the Rules and Regulations and with the Design Guidelines. 12. Weed Control. It shall be each Lot Owner's responsibility to control all weeds and thistle on their entire Lot. If weed and thistle control is performed by the Association, a Special Assessment shall be made against the Lot and Lot Owner for the expense thereof 13. No Obstruction of Drainage. No Owner shall erect, construct, maintain, permit or allow any fence or other improvement or other obstruction which would interrupt the nonnaJ drainage of the land or within any area designated on the Plat, or other recorded document, as a "drainage easement," except tl1at, with the prior consent of the Design Review Committee, non- pennanent structures, including fences, may be erected in those areas which contain only underground closed conduit storm drainage facilities. 14. Rental of Lots. An Owner who leases his Lot shall be responsible for assuring compliance by his lessee with all of the provisions of this Declaration, the Rules and Regulations and Design Guidelines, all as amended and supplemented from time to time, and shall be responsible for any violations by his lessee thereof. 15. Resubdivision Prohibited. The resubdivision of a Lot by a Lot Owner is prohibited. Boundary line adjustments which do not result in the creation of additional Lots shall not constitute resubdivision but shall require written approval of the Design Review Committee and shall comply with all requirements of Garfield County. 16. Landscaping and Fencing. AH areas of the Lots which are susceptible of access by 10 t 1111111111111111111111 Hll lllll lllllll 1111111111111111 669856 03/08/200~ 11:28A 81668 P470 n ALSDORF 11 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO grazing livestock shall be fenced by the Lot Owner and the Design Review Committee must approve the typ e and location of all fences and hedges prior to installation on any Lot. All landscaping shall be completed within six months of issuance of either a TCO (temporary certificate of occupancy) or a CO (certificate of occupancy) by Garfield County. Specifically, if a CO or TCO is obtained from January through July then the landscaping must be completed in the same calendar year. If a CO or TCO is obtained from August through December then the landscaping must be completed before July of the following year. All landscaping shall be properly cared for and maintained. All disturbed areas must be revegetated with vegetation approved by the Design Review Committee. 17. Irrigation System. Lots A, Band C shall be serviced by a functional underground irrigation system that is approved by the Design Review Committee. The irrigation system must be controlled by an automatic irrigation controller. The irrigation system must be maintained in operating order so as to be operable whenever needed to the end that all grass and other landscaping shall be appropriately maintained. Such irrigation systems shall be operated using the irrigation water as addressed in Article IX hereof and shall be subject to the conditions therein set forth. 18. Woodburning Stoves and Fireplaces. No open-hearth solid-fuel fireplaces will be allowed anywhere within the Subdivision Exemption. One (I) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et seg., and the regulations promulgated thereunder, wil1 be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 19. Underground Utilities. All utilities serving the Lots, including without limitation, electric power, telephone, cable television, natural gas lines and water lines shall be installed and maintained underground. This restriction shall include main transmission lines and aJl service lines to the individual Lots. This restriction shall not apply to existing main electric and telephone overhead transmission lines located on Lot D. 20. Fireanns. The discharge or shooting of firearms is prohibited. 21. No Mining, Drilling or Quarrying. No mining, quanying, tunneling, excavating or drilling for any substances within the earth, including oil, gas, minerals, sand and gravel, shall be pennitted. 22. Reflective Finishes. Reflective finishes and reflective glass shall not be used on any exterior improvement surfaces, including without limitation walls, roofs, windows, doors, trim, retaining walls and fences; provided, however, that the foregoing restrictions shall not prohibit skylights to be installed in residences. 23. Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and other items, including but not limited to those specified below, shall be enclosed within a covered structure or otherwise wholly screened from view. Any refuse or trash containers, tanks, pumps, utility meters or other facilities, service areas, or storage piles shall be 11 I llllll lllll lllllll llll 11111111111111111111111111111111 669856 03/08/2005 11:28A B1668 P471 M ALSDORF 12 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO enclosed within a structure or appropriately screened from view by planting or fencing approved by the Design Review Committee, which planting or fencing shall be adequate to conceal the same from neighbors and public and private roads. No lumber, metals, materials, scrap, refuse or Lrash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof 24. Private Driveways. Each Lot shall be served by its own individual private driveway extending off of the interior Subdivision Exemption roadways and shall be for the exclusive use of the respective Owners. Each Owner shall be solely responsible for any and all maintenance, repair, replacement or other costs related to their respective private driveways. 25. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction sha!J be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article Vl hereof. All remedies described in Article VT hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner in the event of any breach of any provision of this Article VU by any Owner. 26. Restrictions/Conditions Imposed By Garfield County. The use of all Lots shall be in strict accordance with the conditions of approval and Plat restrictions contained in the Resolution enacted by the Board of County Commissioners of Garfield County, Colorado, approving the Subdivision Exemption and the Plat. ARTICLE VIII DESIGN REVIEW COMMITTEE REQUIREMENTS 1. Approval of Improvements Required. No improvement to the property shall be constructed on any Lot without Design Review Committee approval, except where approval is not reasonably required to cany out the purposes of this Declaration as determined by the Design Review Committee. Improvement to property shall mean the construction, erection, installation or expansion of any building, structure or utility facilities, and fences or destruction or removal of any building, structure, tree, vegetation or other improvement, or the grading, excavation, fi1Jing or similar disturbance to the surface of land, or any change of any previously approved improvement to a Lot, including any change of exterior appearance, color or texture. 2. Design Review Committee. The Design Review Committee shall consist solely of the Declarant until such time as primary residences have been constructed on Lots A, B and C. Thereafter, the Association by Owners Action shall appoint such number of Lot Owners and for such tenns as it deems appropriate to serve as the Design Review Committee. 3. Design Guidelines. The Design Review Committee shall establish reasonable procedural rules, regulations, architectural standards and design guidelines (the "Design 12 111111111111111111111111111111111111111 lll llllll Ill llll 6698~6 03/08/2005 11:28R 81668 P472 M RLSDORF 13 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO Guidelines") which the Design Review Committee may, from time to time in its discretion, amend, repeal or augment. The Design Guidelines may include, among other things, the following restrictions and limitations: a. Procedure for submittal of all construction plans to the Design Review Committee. b. Time limitations for the completion, within specified periods after approval and commencement of construction, of the improvements for which approval is required pursuant to the Design Guidelines. c. To preserve the views from other Lots and to preserve the natural beauty and condition of each Lot, the designation of a "building envelope" where needed within the discretion of the Design Review Committee, establishing the location and maximum developable area of the Lot. Accessory buildings may be constructed outside from the building envelope if approved by the Design Review Committee. To the same end, no structure shall be sited anywhere on a Lot without the Design Review Committee approval. The Design Review Committee shaB, within its discretion, approve the building 's location as near to the location selected by the Owner as it deems appropriate. With respect to Lot D, the foregoing provision is subject to the provisions of Article II, Section 1, above. d. Approval of plans and specifications prior to the commencement of all construction. In addition to other use and building restrictions contained in Article VII hereof, no building shall be erected by means of other than new construction, it being the purpose of this covenant and restriction to ensure that old buildings will not be moved from previous locations and placed upon a Lot. Further, all structures shall be constructed of either brick, stone, lumber, stucco, logs or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another approved material. No residential buildings commonly known as "modular homes," "factory built housing," "HUD homes" or "mobile homes" shall be permitted to be constructed or installed on any Lot. e. The Design Review Committee shall list the varieties of plants and trees that shall be permitted to be planted on any Lot. A list of such plants and trees shall be kept on file at all times by the Association. The Association may, from time to time, amend the list of pennitted plants and trees to add or delete certain varieties. f. The Design Review Committee or the Association may make rules prohibiting the use of all chemical pesticides and herbicides during certain periods of the year. g. Such other limitations and restrictions as the Design Review Committee in its reasonable discretion shall adopt, including without limitation, the regulation of all exterior lighting, landscaping (including without limitation, absolute prohibition of certain types of landscaping, trees and plants), construction, 13 I llllll lllll lllllll llll llll lllll lllllll Ill llllll Ill 1111 689856 03/08/2005 11:28A 91668 P473 M ALSDORF 14 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO reconstruction, exterior addition, change or alteration to or maintenance of any building, structure, foundation system, wall or fence, including, without limitation, the nature, style, shape, height, materials, exterior color, surface texture, location of any such improvement and prohibition of construction during certain periods of the year. 4. General Provisions. a. The Design Review Committee may assess reasonable fees in connection with the review of plans and specifications. In the event that an application requires extraordinary legal, engineering or other fees, the Design Review Committee will notify the applicant of the amount of such fees, and the Design Review Committee will not be required to take further action until such extraordinary fees are paid by the applicant. Any costs incurred by the Design Review Committee in processing an individual application shall be considered a Special Assessment against the Lot involved. b. The Design Review Committee may delegate its plan review responsibilities, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Design Review Committee. Upon such delegation, the approval or disapproval of plans and specifications by such members or consultants shall be equivalent to approval or disapproval by the entire Design Review Committee. c. The address of the Design Review Committee shall be the address established for giving notice to the Association, unless otherwise specified in the Design Guidelines. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. d. The Design Review Committee shall approve or disapprove any plans and specifications submitted to it, in writing, m accordance with the Design Guidelines within a period of thirty (30) days. ARTICLE IX DOMESTIC AND IRRIGATION WATER 1. Domestic Water Supply. Lots A and C shall be provided domestic water supply by the Town of Carbondale public water system in accordance with that Water Service Agreement between the Town and Declarant dated May 25, 1999 (the "Water Agreement"), which Water Agreement has been assigned by Declarant to the Association. Said water shall be limited solely to domestic in-house use only. The Owners of Lots A and C shall be subject to any and a11 rules and regulations related to the Town of Carbondale water system and all provisions set forth in the Water Agreement. Lots Band D shall be provided domestic water supply through a well located on Lot D. The use of such well water by Lots B and D shall be limited solely to I"' domestic in-house use only and the Owners of Lots B and D shall enter into a well sharing 14 1111111 111111111m 1111 1111111111111111111111111111 t111 669856 03/08/2005 11:28A 81668 P474 H ALSDORF 15 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO agreement setting forth the parties' respective duties and obligations related to the well and the water delivered therefrom. 2. Irrigation Water Supply. Upon recordation of the Plat and this Declaration, the Declarant shall transfer to the Association those water rights owned by it (as more particularly described in Ruling of Referee, Case No. 96CW016, District Court, Division 5, Colorado) for purposes of irrigating portions of Lots A, B and C. These water rights are associated with the MJN Pond and MJN Springs (collectively the "MJN Pond System"). Water from the MJN Springs (which is located outside the Subdivision Exemption boundaries) is used to fill the MJN Pond (located upon Lot D) which water is then pumped through an underground pipeline to that operational pond constructed on Lot D just south of Lot C (the "MJN Operational Pond #1"). Each Lot Owner shall be solely responsible for installing their own individual irrigation and/or pumping systems upon their Lot and connecting the same to the MJN Operational Pond #1 in order to supply each Lot with adequate irrigation water. The irrigation water rights to be transferred shall be transferred to the Association together with all easements necessary for the utilization thereof, including an easement to access the MJN Springs located on property outside the Subdivision Exemption. Thereafter, the Association shall have the right to enter onto such adjacent property subject to said easement, Lot D, or any other Lot that may be necessary in order to operate, maintain and repair the MJN Pond System and to undertake whatever action may be necessary to fill the M.TN Operational Pond #1. 11 is acknowledged that the MJN Pond System is a seasonal water right and the source of water that fills the MJN Operational Pond #I is subject to use by holders of senior water rights. Accordingly, Declarant makes no guarantee as to the amount and sufficiency of water in the MJN Pond System or the MJN Operational Pond #1 for inigation or any other purposes. Notwithstanding the foregoing, to the extent water cannot be delivered to the MJN Operational Pond # 1 by the MJN Pond System for any reason, the Association shall have the right to connect to that separate agricultural inigation water supply and system serving Lot D in order to fill said pond as necessary. It is acknowledged that this separate agricultural water suppJy serving Lot D is also owned by Declarant, emanates from the East Mesa Ditch, and is supplied to Lot D from and over the same property on which the MJN Springs is located. Accordingly, Declarant shall be obligated to provide an adequate easement to the Association over and across such property in connection with the water supply facilities located thereon in order to allow the Association to enter onto such property to access and operate such facilities for the benefit of the Association and filling the MJN Operational Pond #1 as may be necessary. The Association acknowledges that access and connection to such Lot D irrigation water system shall only be made when the MJN Pond System is unable to supply adequate water supply to the MJN Operational Pond #1 for necessary irrigation purposes. 3. The provisions contained in this Article IX shaB be considered covenants and obligations running with title to the East Mesa Ditch water and ditch rights presently owned by Declarant. 15 I llllll 111111111111111111111111111111111111111111111111 669856 03/08/2005 11:28A 81668 P475 H ALSDORF 16 oF 18 R 91.00 D 0.00 GARFIELD COUNTY CO ARTICLEX CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation, by the Association through Owners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the Association and used for its purposes herein enumerated. ARTICLE XI GENERAL PROVISIONS I. Tenn. The covenants, conditions and restrictions of this Declaration shall run with title to Lots A, 8, C and D and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys' fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions , contracts, agreements or other activity tmdertaken by the Declarant or Association Manager before or after the making of this Declaration, other than those acts or omissions of Declarant or Association Manager taken or done in violation of the provisions hereof. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance. misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other commitment made by them with third parties, in good faith, with respect to the Subdivision Exemption or Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify, save and forever hold such Declarant or any Association Manager free and hannless against any and all liability to any third party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which Declarant or any Association Manager may be entitled in this regard. Nothing herein shall be construed as relieving Declarant or Association Manager of their respective obligations and duties to the Lot Owners enjoined upon each under the provisions hereof. 3. Amendment or Modifications. At any time subsequent to the conveyance of one (1) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrnment executed by the Owners of not less than three (3) of the Lots, and recorded in the records of the County; provided that no such amendment or modification of this Declaration affects or purports to affect any rights accorded to or reserved by the Declarant herein. 16 1111111111111111111111111111111111111111111111111111111 869856 03/08/2005 11:28A 81668 P476 H ALSDORF 17 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO 4. Severability. Invalidation of any one of these covenants or restnct1ons by judgment or court order shall in no way affect any other provisions which shaJI remain in fu)] force and effect. 5. Pemetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the longest lived member of the presently constituted General Partners of the Declarant. 6. Non-Waiver. The failure of Declarant, the Association, the Association Manager or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Ru Jes and Regulations by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions, headings or titles define, limit or in any way affect any of the substantive terms and provisions of this Declaration. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shaH be deemed to also encompass the corresponding plural. TN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this 'I\ ·~ -day of March, 2005. MJN Land Investments, a Colorado general partnership , / 17 111111111111111111111111111111111111111111111111111 1111 6698~6 03/08/2005 11:28A 81668 P477 M ALSDORF 18 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) Witness my hand and official seal. My commission expires ---------M~:mmmol1"i"1~ SEAL 2692390_5.DOC 18 I f lllll lllll lllllll llll llll lllll lllllll Ill lllll llll llll 668960 02/22/2005 10:50A 81664 P146 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "B" LOTA: A tract of land situated in Lot 17 of Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian. Garfield County, Colorado, and being more particularly described as follows: Beginning at the Northwest Comer of said Lot 17, being a rebar with plastic cap marked L.S . 3317, whence a stone found in place for the Southeast Comer of said Section 3 bears S 27 °28'58" E 2156.94 feet; thence N 87°41'37"E322.50 feet along the Northerly boundary line of said Lot 17; thence S 29°1TSO"E353.15 feet; thence West 180.00 feet; thence S 03°18'59"E 84.61 feet; thence S 88°39'54" W 302.66 feet; thence N" 15°47'09" E 66.77 feet; thence N21°37'58" E 24 .11 feet; thence N 04°32'23" E 68.40 feet; thence S 57°12'27" W 58.29 feet to a point on the Westerly boundary line of said Lot 17 ; thence N 00°10'47" W 263.24 feet along said Westerly boundary line to the point of beginning, containing 3.367 acres more or less. LOTB: A tract of land situated in Lot 17 of Section 3, Township 8 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 17 whence a stone found in place for the Southeast Corner of said Section 3 bears S 19° 15'37" E 2040.73 feet; thence N 87°41'35" E 395.00 feet; thence South 323.87 feet; thence West 221.87 feet; thence N 29°1?'SO"W353.15 feet to the point of beginning, containing 2.242 acres more or less. Landscape License Agreement THIS LANDSCAPE LICENSE ("License") is made this March 26, 2018 by and among Nicholas L. Lough and Autum Marie Evans-Lough (collectively, the "Grantor") and Debra A. Rice a/k/a Debra A. Bath ("Grantee"). RECITALS This License is made with reference to the following facts: A. Grantor is the owner of real property in Garfield County, Colorado, known as Lot B, M.J .N. Subdivision Exemption, as more particularly described on Exhibit A attached hereto and made part hereof ("Grantor's Property"). B. Grantee is the owner of real property in Garfield County, Colorado, known as Lot A, M.J.N. Subdivision Exemption, as more particularly described on Exhibit B attached hereto and made part hereof. C. Grantee has installed certain landscaping other improvements on Grantor's Property ("Encroachments"). D. Grantor is willing to grant to Grantee a license for such Encroachments, subject to the provisions of this License. 1. Grant of License. Granter hereby grants unto Grantee a non-exclusive license over and across the portion of the Grantor's Property marked as "Landscape license Area" ("license Area") on Exhibit C, attached hereto and made a part hereof, for the purpose of permitting the existing Encroachments to remain, and the occasional use by Grantee and their Permittees (defined below). i) Grantor shall have no responsibility for maintaining the License Area or ensuring the License Area is unobstructed, or safe . Grantee may not alter any part of the License Area without Grantor's prior written consent, which may be withheld at Grantor's sole discretion. ii) Nothing herein shall prohibit Grantor's use and enjoyment of the License Area. 2. Both parties agree when utilizing this stated landscape easement area that each party is solely responsible for themselves/possessions and is liable for any injuries/death and/or unfortunate accident tha t would occur when using this designated area. 3. Indemnification. Grantee hereby indemnifies, defends and holds harmless Grantor and its members, officers, directors, employees, agents, and successors and ass igns from any and all cost, expense, claim or damage of any kind, including reasonable attorneys' fees and costs, arising from or relating to, directly or i ndirectly, Grantee's or their Permittees' use of the License Area. Page/ I 4. Miscellaneous 4.1 Colorado Law. The interpretation, enforcement or any other matters relative to this License shall be construed and determined in accordance with the laws of the State of Colorado. 4.2 Binding Effect. In no event will this License be deemed to create a transferable real property interest, or any right running with the title to Grantee's Property. This License is not assignable by Grantee. 4.3 Counterparts. This License may be executed in multiple counterparts each of which shall constitute an original but all of which when taken together shall constitute one and the same document. IN WITNESS WHEREOF the parties have duly executed this License on the date set forth above. GRANTEE: Address: Address: Page I 2 Article 7 Nothing form Article 7 will be affected from this change. All current accesses and drainages will remain in place. ~ -1o-\0 C:\General CADD 8\Gxd\NICLOUG1.gxd -- 03/21/2018 -- 04:31 PM -- Scale 1 : 600.000AMENDED FINAL PLAT OF LOTS EXEMPTION ' GARFIELD CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED. BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT DEBRA A. RICE. REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS' LOT A. M.J.N. SUBDIVISION EXEMPTION. RESOLUTION 2000-40. RECORDED JUNE 6. 2000 AS RECEPTION NO. 564548. GARFIELD COUNTY. COLORADO. CONTAINING 2.642 ACRES MORE OR LESS LINES 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 FINAL PLAT OF LOTS A~ B, M.J.N. SUBDIVISION EXEMPTION APPROVED BY RESOLUTION NO. 2000-40. OF THE BOARD OF COUNTY COMMISIONERS. IN THE COUNTY OF GARFIELD. THE OWNERS 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 SELLERS OR PURCHASER. NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF _______ . A. D .. 20 OWNER: DEBRA A. RICE ADDRESS: 420 MJN ROAD CARBONDALE. CO. 81623 STATE OF COLORADO ) ISS. COUNTY OF GARFIELD) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS AY OF . A.D .. 20_. BY DEBRA A. RICE. MY COMMISSION EXPIRES' 01/26/2017 WITNESS MY HAND AND SEAL IN SPACE LAND SURVEYS CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED. NICHOLAS L. LOUGH & AUTUMN M. EVANS. BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS' LOT B. M.J.N. SUBDIVISION EXEMPTION. RESOLUTION 2000-40. RECORDED JUNE 6. 2000 AS RECEPTION NO. 564548. GARFIELD COUNTY. COLORADO. CONTAINING 2.967 ACRES MORE OR LESS HAVE 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 FINAL PLAT FOR THE HOTCHKISS-LINCICOME SUBDIVISION EXEMPTION APPROVED BY RESOLUTION NO. 79-8. OF THE BOARD OF COUNTY COMM IS I ONERS. IN THE COUNTY OF GARF I ELD. THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER. AND HEREBY DEDICATE 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 SELLERS OR PURCHASER. NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS __ DAY OF-------· A.D .. 20_. OWNER' NICHOLAS L. LOUGH ADDRESS' 637 NORTH BRIDGE DRIVE CARBONDALE. CO. 81623 STATE OF COLORADO l l SS. COUNTY OF GARFIELD! OWNER' AUTUMN M. EVANS ADDRESS' 637 NORTH BRIDGE DRIVE CARBONDALE. CO. 81623 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ___ ,DAY OF _____ . A.O .. 20_. BY NICHOLAS L. LOUGH 0.. AUTUMN M. EVANS. MY COMMISSION EXPIRES' 01/26/2017 WITNESS MY HAND AND SEAL A & B ' M • COUNTY ' J • N • SUBDIVISION COLORADO COUNTY COMMISSIONER'S CERTIFICATE: Based upon the review and recommendation of Garfield County Director of Community Development. the Board of County Commissioners of Garfield County. Colorado. hereby apr.roves this Amended Final Plat this day of -----~· A.D .. 20 . for f i Ii ng with the Cl erk and Recorder of Garf 1 e Id County and for conveyance to the County of the pub I ic dedications shown hereon. subject to the prov 1 s ions that approval in no way obi 1gates Garfield County for the financing or construct ion of improvements on lands. pub I ic roads. highways or easements dedicated to the pub I ic. except as specifically agreed to by the Board of County Commissioners by subse9uent resolution: This approval shall in no way obi 1gate Garf 1eld County for the construct ion, repa 1 r or ma 1 ntenance of public roads. Fiighways 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 : __________________ _ County Clerk COUNTY SURVEYOR'S CERTIFICATE Approved for content and form only and not the accuracy of surveys. calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq. DATED th11 day of By:~~~~~~~~~~~~~~~~­Garfield County Surveyor TITLE CERTIFICATE I. . an attorney I 1 censed to pr act i c e I aw i n the St ate of Co I or ado . or age n t au tho r i zed by a t i t I e insurance company. do herebf certify that I have examined the Tit le to all lands shown upon this Pat and that Title to such land is vested in ~~--~-~~~---~---~------~-~--------~-· free and clear of al I I 1ens and encumbrances ( 1 nclud1 ng mortgages. deeds of trust. judgments. easements. contracts and agreements of record affecting the real property 1 n th1 s Plat). except as fol lows: DATED th i s day of -~~~~~~-· A.D .. 20 Attorney CERTIFICATE OF TAXES PAID I. the unders 19ned. do hereby cert 1 f~ that the ent 1 re amount of taxes and assessments due and payable as of upon al I parcels of real estate described on this Plat are paid in fu I I DATED th IS day of ----------· A.D .. 20 __ _ Treasurer of Garfield County SURVEYOR'S CERTIFICATE I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor I icensed under the laws of the State of Colorado. that th1 s Plat 1 s a true. correct and complete Plat of the Fina I Plat Amendment of Lots A & B. M.J.N. Subdivision Exemption approved by Resolution No. 2000-40 of the Board of County Commissioners 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 sa 1d Amended F1 nal Plat as the same are staked upon the ground in comp I iance with applicable regulations governing the subdivision of land. In witness whereof, A.D .. 20_. hove set my hond ond seo I this __ day of Sydney Lincicome Lines in Spave 67 Glenwood Avenue Carbondale. Co. 81623c CLERK AND RECORDER'S CERTIFICATE P. L. S. 141 I I This Plat was f1 led for County. Colorado. at of . A. D .. record 20_. 1 n the Office of the Clerk ond Recorder o'clock. -~~·M .. on this and i s du I y recorded as Rec e pt i on No . of Gorf1eld day Clerk and Recorder FINAL PLAT AMENDMENT OF LOTS A & B. M.J.N. SUBD. EXEMPTION BY: ___________________ _ APPROVED BY RESOLUTION 2000-40 Deputy SEC. 3. T. 8 S .. R.88 W .. 6th P.M. GARFIELD COUNTY. COLORADO BY· LINES IN SPACE SYDNEY LINCICOME (LS. 14 I I I J 67 GLENWOOD A VE CARBONDALE CO 970-963-3852 IPAGE I OF 2 DA TE 03/21/20/8 SCALE/" -100· JOB NO.: 97021 N/QOUG/ C:\General CADD 8\Gxd\NICLOUGH.gxd -- 03/21/2018 -- 04:30 PM -- Scale 1 : 600.00AMENDED FINAL PLAT OF LOTS A & B ' M • EXEMPTION ' GARFIELD COUNTY ' LS 3317 •5 REBAR " "' . " " o~ "' . "' gN z LSl9598 LOT LINE BEING VACATED BY THIS LOT A 3.367 AC +/-.-!,,; "' "' o-~ I 20' X 20' UTILITY EASEMENT BARN I--------_......,_I--::~=------s aa·3g·54·w ~ 302.66' EXISTING HOUSE 180.00' LOT B 2.242 AC N 90° 00' 00. W 40 I . 8 7' +/-I~. 0 "-0 "' 0 ,,; o N g "' I BUILDING ENVELOPE~ 221 . 87. I ~J 10' N w E s -------- -0 25' 50' 75' 100' SCALE: 1"=50' BEARING STATEMENT Al I bearings shown hereon are relative to a bearinq of S 43°03'01 E between a rebar and cap marked L.S. 10732 found in place for the Southeast Corner of that parcel of land described in Reception No. 247773 lolso being o point on the Westerly boundary I ine of the parcel shown hereon) and a stone found in place for the South-east Corner of Section 3. Township 8 South. Range 88 West of the 6th Principal Mereidian. Lot D PK NAIL IN FENCE POST 0 -............_ ~ ."' ··-\·· g ··==··--=-=--=-~-~-=--==·==·=i::--=::::.------------.. ;,, :; ----.........._. 0 CENTERLINE 30' WIDE IRRIGATION I I I I \ PIPELINE EASEMENT _______ ___,(\ \ \ Lot D Lot REVISED LEGAL DESCRIPTIONS LOT A: A tract of land situated in Lot 17 of Section 3. Town ship 8 South. Range 88 West of the 6th Princi8al Meridian. Garfield County. Colorado. and being more particularly described as fallows: Beginning at the Northwest Corner of said Lot 17. being a rebar with plastic cap marKed L.S. 3317. whence a stone found in place for the Southeast Corner of said Section 3 bears S 27°28'58" E 2156.94 feet: thence N 87°41"37" E 322.50 feet along the Northerly boundary line of said Lot 17: thence S 29°17'50"E 353.15 feet: thence West 180.00 feet: thence S 03°18'59"E 84.61 feet: thence S 88°39'54" W 302.66 feet: thence N 15"47'09"E 66.77 feet: thence N 21°37'58" E 24.llfeet: thence N 04°32'23" E 68.40 feet: thence S 57°12'27" W 58.29 feet to o ~oint on the Westerly boundary line of said Lot 17: thence N 00°10'47" W 263.24 feet along said Westerly boundary line to the point of be91nnm9. containing 3.367 acres more or less. LOT B: A tract of land situated in Lot 17 of Section 3. Township 8 South. Range 88 West of the 6th Principal Meridian. Garfield County. Colorado. and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot 17 whence a stone found in place for the Southeast Corner of said Section 3 bears S 19c 15"37" E 2040.73 feet: thence N 87°41'35" E 395.00 feet: thence South 323.87 feet: thence West 221.87 feet: thence N 29"1TSO'W 353.15 feet to the point of beginning. containing 2.242 acres more or less. LINES IN SPACE LAND SURVEYS c \ \ \ \ VICINITY MAP SCALE: l"= 2000' TO BE AFFIXED AT TIME OF RECORDING SEC.3, T.8 S., R.88 W., 6th P.M. J • N • SUBDIVISION COLORADO LEGEND AND NOTES e FOUND REBAR & CAP MARKED PLS 141 I I "1 FOUND REBAR & CAP MARKED AS SHOWN HEREON CURVE DELTA ANGLE C I LINE L I 260°52'35" BEARING N 28°43'37"E RADIUS 55. 0 I. ARC 250.47' DISTANCE 35.60' ALL RECORDED EASEMENTS ARE SHOWN ON THIS PLAT. TANGENT 64.54' CHORD 83.74' CHORD BEARING N 89"34'58"E THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY LINES IN SPACE OR SYDNEY LINCICOME TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM. AND SUBJECT TO A TITLE INSURANCE COMMITMENT PROVIDED BY STEWART TITLE GUARANTY COMPANY. ORDER NO. 01330-104221 . DATED SEPTEMBER 26. 2017. THE PURPOSE OF THIS AMENDED PLAT IS A LOT LINE ADJUSTMENT BETWEEN LOTS A AND B TO INCREASE THE BUILDING ENVELOPE ON LOT A ALL PREVIOUS CONDITIONS FROM SUBDIVISION EXEMPTION PLAT RESOLUTION NO. 2000-40 (AKA M.J.N. SUBDIVISION EXEMPTION) RECORDED JUNE 6. 2000 AS RECEPTION NO. 564548 SHALL REMAIN IN EFFECT 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 THE CERTIFICATION SHOWN HEREON. FINAL PLAT AMENDMENT OF LOTS A & B. M.J.N. SUBD. EXEMPTION APPROVED BY RESOLUTION 2000-40 SEC. 3. T. 8 S .. R.88 W .. 6th P.M. GARFIELD COUNTY. COLORADO BY· LINES IN SPACE SYDNEY LINCICOME (LS 14 I I I J 67 GLENWOOD A VE CARBONDALE CQ 970-963-3852 N/QOUGH IPAGE 2 OF 2 DA TE· 03/21/20/8 SCALE/"= 100' JOB NO.: 97021