HomeMy WebLinkAbout1.0 Application1
RECEIVED
'APR 02 201I
GARFIELD GOW,1' ',_
COMMUNITY pEVELOFNEt
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
DIVISIONS OF LAND
APPLICATION FORM
TY OF SUBDIVISION/EXEMPTION
Minor Subdivision
O Preliminary Plan Amendment
Major Subdivision
O Sketch 0 Preliminary 0 Final
Final Plat Amendment
O Common Interest Community Subdivision
Conservation Subdivision
O Public/County Road Split Exemption
O Yield 0 Sketch 0 Preliminary 0 Final
O Time Extension
O Rural Land Development Exemption
INVOLVED PARTIES
Owner/Applicant 11 rr
Name: :S tVv4•r•- W Phone: (170) 305 to
Mailing Address:: 4.,11 J]c..-\L r
City: Ce r1 00 State: 6 Zip Code:
E-mail: Art btu H �f �.�;�1. ce
Representative (Authorization Required)
Name: 17 e O rct a. eR I Cc Phone: (c1O) 319. 4I.+)
Mailing Address: ala O YYYZIl Rol
city: Carbondatt.
State: Co Zip Code: B ► Loa3
E-mail;_ debrie e 1Mc ..Q IYl
PROJECT NAME AND LOCATION
Project Name:
NrAiltkrsAkN•
v 3 1 )U c-: tis
Assessor's Parcel Number: - 3 - 0 0 -
" i 1D M
Physical/Street Address: 1'S !J aita r rkot Se_ CO 5l(0z3
Legal Description: ec
Zone District: Caor�\ Property Size (acres):
Project Description
Existing Use: Yatka-cam eglg
-1--
i k - &- (
is \Js.ce-,,\c, \ .
Proposed Use (From Use
Description of Project:
Table 3-403): kds- Cid\ ?,-\. Cc- °i 4)11 i
Iffb -. \At 4.ur4'') CA. 1--t\- VZ^�- 1.)S IP`r't4
rNAo '1.`, Y�`�-�'e- A -i,,_ ., C{ .•t�� -e-k4"0 ' - 5 4-
! Lo\-` r
,,._
1 Proposed Development Area
Land Use Type
# of Lots
# of Units
Acreage
Parking
Single Family
a
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
Total
,
REQUEST FOR WAIVERS
Submission Requirements
34 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: /, — 1:., . z; LU ., Anrc...,..1 Section:
Section: Section:
Waiver of Standards
0 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= the -quired attached information which is
correct and accurate to the b st
f my kn
wl
Signature of Prop rty Owner
Date
OFFICIAL USE ONLY
File Number: f? ft -IN v 10 31
Fee Paid: $ 1 DD . 00
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 B and 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.
Nicholas Lough Lot B Owner Date
n 2D 2,o/
Autum vans- ough Lot B Owner Date
ct .
3-ao.0?
Debra A. Rice a/k/a Debra A. Bath Lot A Owner Date
SECTION 2-03. PAYMENT AGREEMENT FORM
Payment Agreement Form
GARFIELD COUNTY (hereinafter COUNTY) and + " CUc..5 LV`jcL
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for
1)\-\ (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.
i_ Ci.a• ��
Print Name
Mailing Address:
E -Mail Addr ss:
Phone Nu
Signature.
aper:
1 116-1 cc
- 3104 Li
Date
8
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.t;.t rtielti-co unty.cont
TAX PARCEL NUMBER:
2463-034-00-045 DATE: 3/15/18 & 3/26/18
2463-034-00-046
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 T8S 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 B. 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 B is 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):
X No Public Hearing, Directors Decision (with notice per code)
_ Planning Commission
_Board of County Commissioners
_ Board of Adjustment
Referral Agencies May include but is not limited to: Garfield County Surveyor,
Garfield County Attorney, Garfield County Building Department.
V. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $N/A
Total Deposit: $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
Approximately 2 months if submittal is complete
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 200 feet and mineral owners
at least 15 days prior to decision date
Step 5: Referral
•21 day comment period
Step 6: Evalution by Director
• 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
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate 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 Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests ►+crc transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeal 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
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. if you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
Recorded at '9..65 o'clock,...A.....\l ....0cti13....1954
Reception No 1.8.7138 Chat', S. f<aPr :1.TL
Book 2.80
P eq 283
Recorder.
•
RECORDER'S STAMP
TIIES DEED, Made this 23rd day of September
in the year of our Lord one thousand nine hundred and Fifty-four
between
EARL SMITH and MILDRED SMITH,
of the �{�q County of White Pine
/)CY54tof the first part, and
and State of
LEROY G. COOPER, SR., and LEROY G. COOPER, JR.,
Maryland,
of the Comity of Baltimore and State atirligulatac of the second part:
WITNESSETH, that the said parties of the first part, for and in consideration of the sum of
TEN DOLLARS and other good and valuable considerations =dont'
to the said part lea of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acicnowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following
described Iota or parcclS 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 Township Eight (8) South, Range Eighty-eight (88)
West of the Sixth Principal Meridian, containing Forty (40) acres.
Also conveys all ditch and water rights belonging to or used upon or in
connection with said land, and particularly Thirty (30) shares of the capital
stock of the East Mesa Water Company.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and tlio reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, the survivor of then, their assigns, and the heirs and assigns of such survivor, forever,
And the said parties of the first part, for them selves , their heirs, executors, and administrators
do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them,
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, absolute and indefeasible
estate of inheritance, in law, in fee simple, and hare good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments and incumbrances 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, the
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 parteS of the first part shall and will WARRANT
AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part ha ve
seals the day and year first above written.
Signed, Scaled and Delivered in the Presence of
hereunto set their handS
.iii,' '�;fYl g of COLORADO, 1
HH " }
z.:444:44
'' AN ‹..1.'"'•::; 0 EpuntY of Garfield
�ifie # e i hlst(uteent was acknowledged before me this 23rd
�
-AD A6b "rt' Eot=1 Smith and Mildred Smith
7. '• yy�ol irk tort C7 IrCs December 1 , 19 56. Witness my hand and official seal.
—,..[SEAL]
.._.........-..._........ [SEAL]
day of September
No. 1121. WAnrtANTY DEED—To Joint Tonnnlo.—nrndfonl-Itohln.°n Pix, Co-, Mfrs. leobineen'• l.crnl muni•, 18:1.15StauL St., Denver, Colo.
*It by natoml person or persons hero Insert name or cslorn; If by pe or n saltther ea� representative
esentative or official capacity or as
or -
attorney -In -fact,
tleri !lreii Insert nano of such of icer sr ottker, use the preeleent or other officers capacity
aucn eerporation naminff officer
t lcStatutory
8ul:newfrdpiterit, Coloradtl Stat0t05 dsplala fell.—CL. 40, Soo. Ian.
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FIE UNITED STATES OF AMERICA,
,„co all to whom thcse presctits shall conic, Grccti►ig:
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677406 07/01/2005 04:03P 81703 P152 M RLSDORF
1 of 1 R 6.00 0 23.50 GARFIELD COUNTY CO
Filed for record the day of
Reception No.
,A.D.
at
o'clock
M.
By
RECORDER
DEPUTY.
WARRANTY DEED r,
THIS DEED, Made on this day of June 30, 2005
M.J.N. LAND INVESTMENTS, A GENERAL PARTNERSHIP
, between
of the County of GARFIELD and State of COLORADO , of the Grantor(s), and
ROGER A. BATH AND DEBRA A. BATH
_ala
whose Legal address is : PEI -4104 CARBONDALE, CO 81623
of the County of GARFIELD and state of COLORADO of the Grantee(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 grant, bargain, seLl, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate,
lying and being in the County of GARFIELD and State of Colorado, described as follows:
LOT A
MON SUBDIVISION EXEMPTION
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 6, 2000 UNDER RECEPTION NO. 564548
COUNTY OF GARFIELD
STATE OF COLORADO
also known as street number LOT A, MJN SUBDIVISION EXEMPTION, CARBONDALE, CO
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE A ND T4 IIOI.D the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the rim of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, !n law, in fee simple, and has good right, full power and Lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, Liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
Subjeat to general takes for the year 2005 and those specific Rrc ptione deaorib.d by reference to recorded document. ..
reflected in the Title Document. adopted by Orant.e(a) in aaeordanae with Section 8. (Title Review) of the Cestraot to
Buy and Sell Real Estate relating to the above described property; distribution utility easement. (including cable TV),
tho.. specifically deaoribed right. of third parties not shown by the public records of whish Orante.(s) has actual
knowledge and which wore accepted by Orant..(a) in accordance with Section ab (Natters not Shown by the Public Records) ane
Section ac (Survey Review) of the Contract to Buy and S.1I Real Estate relating to the above deaoribed real property;
inclusion of the Property within any .penial tar district; and, the benefit and burdens of any declaration and party wall
agreements, if any and other ROPE
The Grantor(s) shall and will wARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall. incLude the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
M.J.N. LAND rpvnsTmimrs, A nANARAL PARTNBR.!!1P
-9 7
By'
MARK .7/ NIH9LANIx, ENHRAL PA TNBR
STATE OF COLORADO )
)ss.
Countyof OARPIELD )
The foregoing instrument was acknowledged before me on this day of .dune 30, 2005
by MARX J. NIEsLaNIx, GENERAL PARTNER or M.J.N. LANA ZNYMTIN9aTs, A GRNwwAL PARTNERSHIP
My commission expires
Witness my hand and official seal.
/?) �'''
/'ic
mil
Notary P
Name and Address of Person Creating Newly Created legal Description ( 8-35-106.5O.R.S.
)
Escrow# CB246244
Title# GTF246244
•9/O4 WDJT1WA
et.rn
to: ROGER A. BATH ANOBRA A. BATH
MARY L. CARMICHArEL,x 9c+irsanHH EY c331623
WYWOT.Ritt / - Printed: June 29, 2005
(19374003
uvL_QNADO
My Commission Expires May 22, 2009
Reception#: 8701387
41/30/2015 11:00:53 AM Jean Alberiao
1 of 2 Rec Fee -$16 00 Doc Fee -0.00 GARFIELD COUNTY CO
THI
QUITCLAIM DEED
EED is date ■ i . e s ' , 20 /,''c- , and is made between
(whether one,' -of more than one the "Grantor," of the * Count of 1�ko,� etA
and State of C I p 2�p. . r'�, j
, and b e- f -Q ��-L.
414. 0,e.1=,f i G �, , the "Grantees," whose legal address is
fI/ �t�, �o �c�A&Of t. co 45//p2 3 of the
* County of Cr -co- 4:0/0 and State of L I n r-0.410
WITNESS, that the Grantor, for and in consideration the stjm of
JP•A 4 IX 4?X OLLARS, ($ I I9 , nit) ),
the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell 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, toge(l cr with riy improvements thereon, located in the * County of
�'`t� and State of Colorado, described as follows:
5(?,iii1 eek40.4 vq.16-1 t i ASI: U U
l -b*-i
l 44-x 1Q 3 tA3 A U i s i o'i
416o i" or 1-11N8 Gail' . 7S1/
4G
, 3 OK 11242V `PG /`e,
also known by street address as: 1-/r20 f r `TAI (.Qr'w040. 1 Qi
and assessor's schedule or parcel number: AW! ;D v ob o tts.,
TO HAVE 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. e962. Rev. 1-06. QUITCLAIM DEED (To Joint'rcnants) (Page 1 of 2)
Bradford Publishing, 1743 Wazee St, Denver, CO 80202 — (303) 292-2590 — www.bradfordpublishing.com — eForm
1111 E«all;7Irn fili Ni III
ReceptionR: 070887
$113012015 11:00:53 AM Jean Alberico
2 of 2 Roc Fee:$16 00 Doc Feo.0.00 GARFIELD COUNTY CO
and claim whatsoever of the Grantor, 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 WHERE° the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO
County of � r YI S
The foregoing istrument as acknowledged before me this � day of /\iV
k 0Vembf
20 i , by .ilr
BF IANNA L. BECAY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20134062672
1Y COMMISSION EXPIRES OCTOBER 03.2017
Witness my hand and official seal.
No Public !DO My commission expires: 1a1 63 n
Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.)
No. c962. Rev. 1-06. QUITCLAIM DEED (To Joint Tenants) (Page 2 of 2)
Ju uou UL/UO/LU I d I u:3 I :3 / HIVI rage 1 or 4+
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $0.00 eRecorded
QUITCLAIM DEED AND ASSIGNMENT
THIS DEED AND ASSIGMENT, made on the 3 day of,4„6 • � , 2018 by Martin
J. Nieslanik, Jerilyn Nieslanik, Mark J. Nieslanik, Nieslanik Properties, L C, a d LMN Investments,
LLC, , the "Grantor", whose address is -l61 (0 0% 4/ d 1 irU rij,1►7dd 1D Autumn Lough, the
"Grantees", whose address is ,,. _ Ada ."` ..Q.F CD •I 8
WITNESSETH, 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 HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and alI 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, Grantor has caused this deed to be executed on the date set forth above.
{SIGNATURES OF FOLLOWING PAGES}
yu�u�u uznuoizu 10 i u:J i Hive rage z or L+
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $0.00 eRecorded
I i • t SUSAN ;-LASS
'I NOTARY RAMC;
j .ATATE OF COI_GF:Ai
I . N:1;'Ar'NI10112o0tre00
110I7Ni3v.Ylfi1 e}EPIR S L~1=
The foregoing instrument was acknowledged before me this day of February 2018, by Martin J.
Nieslanik.
Witness my hand and official seal.
My commission expires:
ily>nSTATE OF
Ni lanik
)
))
.. �.•ASS
NOTARY r^{J$.LIO
S'TA'E OF COLORA;,':.:`
tG' ` 0TARY 10 4 2004AM2350
kir ; . M.41:iS ON EXP!Ree 01-22-2020
The foregoing instrument was acknowledged before me this day of February 2018, by Jerilyn Nieslanik.
Witness my hand and official seal.
My commission expires: 1
STATE OF _,04 I,rj ! _if -
COUNTY OF Alel--)
)
)
)
._K'.i�.w��..��_�.���.WL'rYl� •riw
NO;ARV ;AJ .ttl
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NC;, .AY ID rye cW 01:? t•
The foregoing instrument was acknowledged before me this 1 day of February 2018, by Mark J. Nieslanik.
Witness my hand and official seal.
(:)7)J �
My commission expires: /'"
9104
yu.3uo� uLiuo/zu i o I U:.3 i :.3 t Hive rage .3 or 4
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $0.00 eRecorded
Nieslanik Properties, LLC
By:
STATE 0
COUNTY OF
fie r oin
HASS
`1Cj7AR�'
PUFRIC
74-
trumppnt wall_ acknowledged before me this day of February 2018, by
0,(��A--arkager of Nieslanik Properties, LLC.
Witness my hand and official
My commission expires:
LIMN Investments, LLC
Notary Public
..1.-M,....- .ra+rt .+T..... rar,.�..,-.CWi?'
r.1
4~..1.-M,....- SUSAN t,ASS
Nt71ARY PUi-.:t.;r} !
4Then,gregog iris irnent was acknowledged before me this
__/ e .- [(#I� , Manager of LMN Investments, LLC.
Witness my hand and official s
My commission expires:
day of February 2018, by
UCCua/IS 1 a 1 V:3 1 Hive rage '4 OT '4
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 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 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
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $41.50 eRecorded
GRANTOR:
EXHIBIT "A"
Attached to and forming a part of
WARRANTY DEED
between
MARTIN J. NIESLANIK AND JERILYN NIESLANIK, MARK J. NIESLANIK,
NIESLANIK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY
COMPANY, LMN INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
GRANTEE: NICHOLAS L. LOUGH AND AUTUMN M. EVANS-LOUGH
LEGAL DESCRIPTION
Lot 8, M.J.N Subdivision Exemption, according to the Plat thereof fled 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 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 2997'50" W 353.15 feet to the point of beginning.
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
GRANTOR
EDIT "B"
Attached to and forming a part of
WARRANTY DEED
between
MARTIN J. NIESLANIK AND JERILYN NIESLANIK, MARK J. NIESLANIK,
NIESLANIK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY
COMPANY, LMN INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
GRANTEE: NICHOLAS L. LOUGH AND AUTUMN M. EVANS-LOUGH
EXCEPTIONS TO TITLE
1. 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. 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.
4. Terms, 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 of MJN Subdivision Exemption,
filed June 6, 2000, at Reception No. 564548.
6. Terms, 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 instrument 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, 2005, in Book 1668 at Page 478.
10. Terms, agreements, provisions, conditions and obligations as contained in Easement Agreement
recorded March 8, 2005, in Book 1668 at Page 491.
11. Terms, agreements, provisions, conditions and obligations as contained in Grant of Agricultural
Easement recorded April 27, 2011, at Reception No. 801833.
12. 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.
13. Declaration of Access and Utility Easement recorded February 8, 2018, at Reception No. 903048.
14. Declaration of Covenants - View Plane Corridor Lots B & D, MIN 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.
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. NIESLANIK AS TO AN UNDIVIDED 25% INTEREST, NIESLANIK PROPERTIES,
LLC, A COLORADO LIMITED LIABILITY COMPANY. AS TO AN UNDIVIDED 25%
INTEREST, AND LAN INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY 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-LOUGHBY C/F.0 2/6,2,3
whose address is , , .GRA3'I`i'EE(S): 3
WITNESS, that the grantor(s), for and in consideration of the sum of FOUR HUNDRED FIFTEEN THOUSAND
AND 00/100 DOLLARS (S415,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees,
grantee's heirs and assigns forever, not in tenancy in common but IN JOINT TENANCY, all the real property.
together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado,
described as follows:
FOR LEGAL DESCRIPTION
SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF
also (mown by street and number as: TBD MJN Road Lot B, Carbondale, CO 81632
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appurtataing. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all thc
estate. right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, o£ in and to the above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
grantee, grantee's heirs and assigns forever. The grantor, for the grantor, grantor's hairs, and personal representatives.
docs covenant, grant, bargain and agree to and with thc grantee, grantee's hears and assigns, that at the time of the
ensealing and delivery of these presents. grantor is well seized of the premises above conveyed, has good. sure, perfect,
absolute and Indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
dear from all former and other grants. bargains. sales, liens taxes. assessments, encumbrances and restrictions of
whatever kind or nature soever, except general taxes for the current and subsequent years, and except those matters set
forth on Exhibit "B" attached hereto and forming a part hereof
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of :he grantees, grantee's heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN .;�■ r + OF, gtanto this deed on the date set forth above.
Martin J. Nie ik
(Jerilyn estanik r r
v\ v C .
Mar. Nleslantk
Nieslanik Properties, LLC, a Colorado limited liability company
LMN Investments, LLC, a Colorado limited liability company
(-6i
0-14
(B9.i a Ni sfanik, Manager
Gummi. WARRArnY Dam - Joan TENANCY
TITLE COMPANY 0905645
of the iockie,
Jean Alberico, Garfield County, Colorado
Rec Fee: $28.00 Doc Fee: $41.50 eRecorded
SUSAN BASS
NCI MR? PUBLIC
.tAl£ OFCOLORf4"i.
:}7VFtY ID p 200440. 5'+
e n 11SsiOH ExPIIt�5ll1-22'
State of
_ } §
County of i��■'� �� }
The foregoing ' m nt was acF now d, subscribed and sworn to before me this 4 day of
by Martin J. Nieslanik and Jerilyn Nieslanik; Mark J. Nieslanik,
arlstiaesv J. Nieslanik, Manager of Nieslanik Proeprties, LLC and Lisa Nieslanik, Manager of L u Investments,
LLC.
My Commission Expires:
COMMITMENT for TITLE INSURANCE
issued by
TITLE COMPANY
of the rockies
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
1.
Reference Property Address:
TBD MJN Road Lot 13, Carbondale, CO 81632
SCHEDULE A
Effective Date: January 03, 2018, 7:00 am
2. Policy (or Policies) to be issued:
a) ALTA Owner's Policy (6-17-06)
Proposed Insured: Nic Lough and Autumn Lough
b) ALTA Loan Policy (6-17-06)
Proposed Insured: Alpine Bank
Issue Date: January 15, 2018
Policy Amount: $415,000.00
Premium: $1,244.00
Policy Amount: $311,250.00
Premium: $200.00
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 Effective Date vested in:
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 ofGarfield, State of Colorado,
and is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
Alta 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 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°17'50" W 353.15 feet to the point of beginning.
Commitment No. 0905645-C6 Schedule B -I Requirements
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
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. Correction Deed from M.J.N. Land Investments, a general partnership to 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.
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
partnership, disclosing 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 Nieslanik Properties, LLC, a Colorado limited liability
company, authorizing the transaction, executed by the managers or members set forth in the Operating
Agreement.
5. Deed of Trust from Nic 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 Commitment - 2006 Schedule B-/ Requirements
Commitment No. 0905645-C6 Schedule B -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 Nic 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 -I Requirements (continued)
Commitment No. 0905645-C6 Schedule B -II Exceptions
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION 11
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 Records but which could be
ascertained by an inspection of said Landor by making inquiry of persons 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 Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
Public Records or attaching subsequent to the effective date hereof, but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
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 of MJN 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 -II Exceptions
Commitment No. 0905645-C6 Schedule B -II Exceptions (continued)
13. Affidavit Re: Boundary Line Adjustment recorded February 22, 2005, in Book 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 1, 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 -II Exceptions (continued)
Note 1: Colorado Division of Insurance
Regulations 3-5-1, Paragraph C of Article VII,
requires shat
"Every Title entity shall be responsible for
all matters which appear of record prior to the
time of recording 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 maybe 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 unfiled 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) Information 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 provisions of C.R.S.
§39-22-604.5 (Non-resident withholding).
DISCLOSURE STATEMENTS
Note 5: 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
holds some 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 information 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, if applicable (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 (G) 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:
1. 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 documents received for recording or tiling 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 Ieast one half of an incl[. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this
sci.tiuii. Pursuant to C.R.S..30-10 404(3)(11).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Tastes due or
other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed
the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing 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 Company hereby notifies the proposed buyer In the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has
been severed, leased, or otherwise conveyed from the surface estate. ifso, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the
surface owner's permission. Pursuant to C.R.S. 10-11-123.
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) Pursuant to C.R.S. 39-22.604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall
be obtained front the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts
may be obtained from the Board of County Cosnmissioners, the County Clerk and Recorder. or the 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 Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,
the Company 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 family residence, you may request mechanic's hien coverage to be issued en your policy of
Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of
this commitment, the requirements will be payment of the appropriate premium and the completion ' of an Affidavit and Indemnity by the seller. tf the
property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve
disclosure of certain financial information. payment of premiums. and indemnity. among others. The general requirements stated above are subject to
revision and approval by the Company. Pursuant to C.A.S. I0-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title
commitment. Pursuant to Colorado Division. of Insurance 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 staff 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 customers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist 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 also 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.
Definition of Terms.
The !allowing terms when used iu this pohoy mean:
(al "insured": the insured named in Schedule A. and, subject to any rights or defenses
the Company would have had against the named insured, !hose who succeed
to the interest of the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors.
{bj "insured claimant': an insured claiming loss or damage.
(al "knowledge" or "known": actual knowledge, not constructive knowledge er notice
which may he imputed to ao insured by reason of Ilse public records as defined in this policy
or any other records which impart constructive notice of matters affecting the land.
(d) "land": the land described or rel erred to in Schedule A, and intprovernents affixed
thereto which by law constitute real property. The term "land" does nor include any properly
beyond the linos o1 the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets. reads. avenues. alleys, lanes. ways or
waterways, but nothing herein shell modify er limit the extent to which a right of access
to and from the land is insured by this policy.
{el "mortgage": mortgage, decd of trust, 11001 deed, or other security instrument.
(t} "public records": records established under state statutes at Date of Policy for the
purpose of imparting constructive noire of matters relating to reel properly to purchasers
for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions front
Coverage. "public records" shall also include environmental protection hens filed in the
records of the clerk of the United States district court for the iislsict in which the lend
is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title to
the land, not excluded or est epted Irom coverage, which would entitle a purchaser of the
estate or interest described in Schedule A to be released !roto the obligation to purchase
by virture of a contractual condition requiring the delivery of marketable title.
2. Continuation of insurance Alter Conveyance of Lille.
The following coverage of this policy shall confirm in 1 erce as of Dale of Policy in favor
of an insured only so long as the insured retains en estate or interest in the land. or holds an
indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason al covenants ni warranty made
by the insured in any transfer or conveyance of the estate or interest. This policy shall
not continue in force in favor of any purchaser Irum the insured of either (f) an estate
or interest in the land, or (11) an indebtedness secured by a purchase money mortgage given
to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shaft notily the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a} below, (ii] in case knowledge shall come to an insured hereunder
of any claim of line or interest which is advetse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of
of this policy, or {iii} if title to the Estate to interest, as insured, is rejected as unmarketable.
If prompt notice shall not be given to the Company, then as to the insured all liability of
the Company shall terminate with regard to the matter or matters for which prompt notice is
required: provided, however. that failure 10 notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company snarl ha prejudiced by the f ailure
and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions: Doty of Insured Claimant to Cooperate_
(a) Upon written request by the insured and subject to the options contained in Section 5 of
these Conditions and Stipulations, the Company. at its own cast and without unreasonable
delay, shall provide for 1be the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other molter insured against by this policy.
The Company shall have the right to select counsel of its choice {subject to the right of the
insured to object for reasonable cause) to represent the insured as to those stated noses of
action and shall not he liable for end will not pay the fees of any atter counsel. The Company
will not pay any fees, costs or expanses incurred by the insured in the defense of those
causes of action which allege matters not insured against by this policy.
(bj The Company shall have the right. at its own cost, to institute and prosecute any
action or proceeding or to do any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest. as insured, or 10 prevent or
reduce toss ar damage to the insured. The Company may take any appropriate action under
the terms of this policy, whether ar not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy, If the Company shall exercise 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 provisions of this policy, the Company may pursue any
litigation to final determination by a 00011 of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or girder.
(d} In all cases where this peliry permits of requires the Company to prosecute or
provide feu the defense of any action or preceeding, the insured shall Sawn to the
Company the right to se prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to uta, at its option, the name of the insured 1 or
this purpose. Whenever requested by the Company. the insured, al the Company's expense,
shall give the Company all reasonable aid (i) in any action or proceeding. securing
evidence, obtaining witnesses, prosecuting or defending the action or proceeding. or
effecting settlement, and til) in any other lawful act which in She opinion of the Company
may bo necessary or desireable to establish the title to the estate or interest as insured.
It the Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy shall terminale,
including any liability of obligation to defend, prosecute, or continue any litigation.
with regard to the matter or matters requiring such cooperation.
5. Proof of Loss ar Damage.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of foss or damage signed and
sworn to by the it -mated claimant shall he furnished to the Company within 90 days atter the
insured claimant shall ascertain the !acts giving rise to the lass o1 damage. The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy which constitutes 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 the insured claimant to provide
the required proof of Toss or damage, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, ar
continue any litigation, with regard to the matter or matters requiring such proof of
lass or damage.
In addition, the insured claimant may reasonably be required to submit to examination
under oath by any autharired representative of the Company and shall produce tor examination,
inspection and copying, at such reasonable times and places as may he designated by any
authorized representative of the Company, ail monis, hooks, ledgers, checks. correspondence
and memoranda, whether hearing a date before or after Date of Policy. which reasonattly
pertain to the loss or damage, Further. if requested by any authorized representative of
the Company, the insured claimant shag grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all records, hooks,
ledgers, checks, cnrrespondense and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All information designated as cord idenlial
by the insured claimant provided to the Company pursuant 10 Ibis Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information or grant permission to secure
reasonably necessary information from Third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to Thai claim.
6. Options to Pay 01 Otherwise Settle Claims: Termination of Liatlity.
In case of a claim under this policy. the Company shag have the following additional
options:
{al To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the ameunl of insurance under this policy together
with any costs, attorneys' fees and expenses irrcussed Ery Iha insured claimant. whieh were
authorized by the Company, up to the rine of payment ur tender of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to
the insured under this policy, other than to make payment required. shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, and
the policy shall be surrendered to the Company for cancellation.
(bl To Pay or Otherwise Settle Wills Parties Other Than the Insured on Wilh the
Insured Claimant.
to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by the
Company up to the lime of payment and which the Company is obligated to pay: or
10 pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expanses
incurred by the insured claimant which were authorized by the Company up to She time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs
(b]{il w {ii), the Company's ebtigations to the irfsurad under this policy for the claimed
lass or damage. other than the payments required to he made, shall letminate, including
any liability ar obligation to defend, prosecute, or continue any litigation.
Our Order No. GTF246244
Property Address: CARBONDALE CO 81623
LTG Policy No. LTHI246244
Schedule A Amount $235,000.00
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:
LOT A
MIN 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
a ±600
sec.
T. S s. g -Saw., P.R.
Garfield County Land Explorer
Parcel
Physical Address
Owner
Account
Num
Mailing Address
246302200008 Not available
CARBONDALE
246303100025 Not available
CARBONDALE
246303400014 2492 133 HWY
CARBONDALE
246303400017 2504 133 HWY
CARBONDALE
246303400034 2494 133 HWY
CARBONDALE
246303400035 2502 133 HWY
CARBONDALE
246303400040 2510 133 HWY
CARBONDALE
246303400045 420 MJN RD
CARBONDALE
246303400046 Not available
CARBONDALE
246303400047 Not available
CARBONDALE
246303400048 20 111 COUNTY RD
CARBONDALE
P & C NIESLANIK LLLP
R111908
ROARING FORK R007305
SCHOOL DISTRICT RE -1
STOVER, SUSAN R090071
FAIRFIELD
YOUNG, CATHERINE H R090017
BERRY, ERIC H & SARA R090181
V
APPLEGATE, CURTIS K R090182
MULLETT, PETER C U/W R090199
JEAN C MULLETT
RICE, DEBRA A AKA R042123
DEBRA A BATH
NIESLANIK, MARTIN J & R042124
JERILYN &
RICE, WILLIAM R TRUST R042125
NIESLANIK, MARTIN J & R042126
JERILYN &
481 COUNTY ROAD 100
CARBONDALE, CO 81623-9547
1405 GRAND AVENUE
GLENWOOD SPRINGS, CO 81601-
3807
2492 HIGHWAY 133
CARBONDALE, CO 81623
2504 HWY 133 CARBONDALE,
CO 81623
2494 HIGHWAY 133
CARBONDALE, CO 81623
PO BOX 6482 SNOWMASS
VILLAGE, CO 81615
2510 HIGHWAY 133
CARBONDALE, C0 81623
420 MJN ROAD CARBONDALE,
CO 81623
757 COUNTY ROAD 101
CARBONDALE, CO 81623
PO BOX 1252 CARBONDALE, CO
81623
757 COUNTY ROAD 101
CARBONDALE, CO 81623
Garfield County Land Explorer
Parcel Physical Address
Owner
Account
Num
Mailing Address
246302200008
Not available
CARBONDALE
246303400045 420 MJN RD
CARBONDALE
246303400046 Not available
CARBONDALE
246303400048 20 111 COUNTY RD
CARBONDALE
P & C NIESLANIK LLLP R111908
RICE, DEBRA A AKA
DEBRA A BATH
NIESLANIK, MARTIN J
&JERILYN &
NIESLANIK, MARTIN J
& JERILYN &
481 COUNTY ROAD 100
CARBONDALE, CO 81623-9547
R042123 420 MJN ROAD CARBONDALE,
CO 81623
R042124 757 COUNTY ROAD 101
CARBONDALE, CO 81623
R042126 757 COUNTY ROAD 101
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.
:�_ 3 L 2016
Niches Lough
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
H-L--
DECLARATION OF ACCESS AND UTILITY EASEMENT
THIS DECLARATION O ACCESS V 7� EASEMENT ("Decoration")
is made and entered into this day o 2018, by MARTIN J. NIESLANIK,
JERILYN NIESLANIK, MARK J. NIESLANIK, NIESLANIK PROPERTIES, LLC and
LMN INVESTMENTS, LLC (collectively, "Declarant").
RECITALS:
A. Declarant holds fee title to certain real property located within the M.JN. Subdivision
l .x.emption, 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 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 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, ("Lot B");
and,
Lot D, M J_N Subdivision, as amended by Affidavit Regarding
Boundary 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, their
successors and assigns ("Lot B Owner").
DECLARATION AND DEDICATION
NOW THEREFORE, Declarant hereby declares as follows:
1. Grant of Easement Beni:fitting Lot B. Declarant hereby grants, transfers and
conveys, by declaration, for the use and benefit of Lot B, a permanent non-exclusive easement
for ingress and egress to and from Lot B, and for the installation, use, maintenance, repair and
replacercent of underground utilities serving Lot B, described as follows ("Easement Atea"):
903048 02/08/2018 10:31:37 AM Page 1 of 5
Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
A 30 FOOT WIDE ACCESS EASEMENT SITUATED IN LOT D, MJN,
SUBDIVISION EXEMPTION, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT A, M.J.N.
SUBDIVISION EXEMPTION (ALSO BEING TI -3E SOUTHWEST
CORNER OF LOT B, M.J.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
'I'O THE POINT OF BEGINNING.
2. Jmpxpvemaexats 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 toad surface of, and otherwise
consistent -with the width and design of, the other private roads within MJ.N. Subdivision, and
no other improvements of any 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 pemiired. Lot B Owner shall further have the *ig.t 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 xevxew 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 ID Owner shall have the right, but not obligation, to maintain and
improve all or any part of the Easement Area.
3. Indeuznii. 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 ox brought against Lot D Owner
relating to the Easement Area, Lot D owner is hereby indemnified by Lot B Owner. Lot B
Owner agrees to defend (including payment of reasonable attorneys' fees) and to hold Lot ID
Owner harmless 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. £trorney ' 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.,l�fcdification. of Easement. No waiver, amendment or modification of this
Derlatation shall be valid unless in writing and duly executed by the party charged therewith.
6. Applicable Law. The law applicable to this Declaration and its interpretation shall
be that of the State of Colorado, and any litigation arising out of or concerning 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 02/08/2018 10:31:37 AM Page 2 of 5
Jean Alberico, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
21 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. s ticeg. Any and all notices required oz permitted to be given under the terms of
this Declaration shall be effective (i) on the date of actual receipt if sent by U.S. certified mail,
return receipt requested, postage prepaid, addressed to the parry at the address on file at the
office of the Garfield County Assessor for such owner, or (u) on the date of delivery, if
delivered personally to the patties.
8. Bin ants Rvaning with the Land. This Declaration and the
easement granted herein shall be binding upon and inure to the benefit of the owners of Lot D
and Lot B and their respective successors and assigns forever.
9. Cgs. This Declaration may be executed in multiple counterparts, which,
when recorded together, shall constitute a single instrument.
IN WITNESS WHEREOF, Declarant has duly executed this Declaration to be effective
as the date set forth above.
STATE OF COLORADO )
) ss.
COUNTY OP! 1.1 )
The foregoing instrument was acknowledged before me this 74 day o r laweery, 2018, by
Martie J. Nieslanik and Jerilyn Nieslanik.
I
ettlytz N IAn
My Commission Expires:
Witness my hand and offs
SUSAN HASS
NOTARY PUBUC
-TATE OF COORADO
16 2oatiounso
3'Page
Improvements Agreement
No Public Improvements are necessary for this amendment.
--z66- lam'
LINES IN SPACE
nna •unNIY•
1
9 ,
i,
1
1
Lot A
MAI... ss..Ow. tr x •. .1.• CA1L..Y,
m.w
LOT B
2.242 AC #/-
4.'
ir
Lot D
6861..n• ...lax .«
•
Lot D
W+E
s
ST TS
n SCALE: I•.20'
LEGAL DESCRIPTION
•••ct t Isti I Yt.. ILO:L.s10d LO/1
war✓ rNRcpd nko. .m5[0mT4..04..7m
58
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n follow
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INNEl 1 S s:. tam T2 247 N.w• . 41 1.61 ]Fib 1 N'1.
•
SURVEYOR'S CERTIFICATE
r411t4+ :':'i�f
'1411%171!)".•
7}w
Sn T.r.M,3 o wt II .1 rr
6' S+... 1.1••••••••
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LEGEND AND NOTES
a w =.r •to wade 4.1.11.
• ..n• TILTS
—�1 c.01rs10 16Ynsw a
gTodijut.r Rs[ I.er
—•—/0'•cE I.K
Ousu®IlMUMS
uo xqx•.. Iv x
PLAT
CT
1068
L •Ur v • D>ZAOD
4" DIES IN SPACE
SYM£YLA!' pE :LS Nld71
Na 1.'An • 4C dim 1tr1 •Rid
a•'[NAaw TC•ib r -SV' ...1ar4J0
x�* F•""!d•ri-aVic: s tatiz-
M.J.N. SUBDIVISION EXEMPTIONSW
GARFIELD COUNTY, COLORADO
1
11 �i
LOT C '° 1
2.091 AC
r.eir. CO
R•d w 20570
VICINITY MAP
SCALE: 1•.2000"
43501
LOT D
90.671 AC
Lot 17 Lot 16
Sec. 9 II See. 2
T.8 S.. R.881W.. 6th P.M.
LINES IN SPACE
LAND SURVEY/
Fau.d . . in plat• No. SE t•f•f
.7
6rh r
006 6E66160 1”STANCE
45-450516.
ie
•
66 717•
60 0
S6001 30,
.rot 09•E 15
LEGAL DESGY�jMK
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Ewr .7 dr. 74.7 AwJa 6a•1'Wi Cao. y, Colorado. wed Par
t.,1•=4 • •rwr Cor..' off 17 r.•l1•.e! �.
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SI ES res ewes S SETTEE' • 1127 f•a +• • P.T7tlr� Wee
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LO? 6
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+4• •1i1 f M1>ti1 1�•1•.{ 2527 wee roes r 1•M
LOT C
N AN NruercM�a Lar 17 of S.cren a To*, a Sanh. Rom, 80
N
.MM OrxrMer isodeL Garfield Canty. Colored°, d beog
mde
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• llro / South Romp 66 Wa14 of Na bfh larly L IM16w,
IW14M Cary. Celorodo. and 442,3 mare 76/84407 dwc bad m
Mrs .1"... artawc off _•. .�irFr...r ..b..i° rr471..."1"
Ire N vows r EN OS orLt ./�. Sµ`,µ*I.�.�.p r�°w ✓.mi
�: ian7psi@o•�.ypwp�fy .+1�'r'":•4.4,rf .M1{.a.pMyrY�ry
`41,
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I 610
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•41155 S
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1'1;3411°9;
114. rgoSah•=.rl Coi7•1 t .1nVIAL
,
7 I4.A drycrl MAr11 ••cforl.4t.. 1207773 I.• p•.1`vg
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.4 '..nl .. .el 1lsd7 F70. 5-
w.l 4 .1..844 .mclpol N.r eibn- e,g
133.72.
10.101
JO 33.
634 5I•
LE=i3 6741PT ON SCALE: 1".100'
Lor 16 S.crian 2- and Lot 17. Sacl ion 3. T0.nahlp 8 Scull• Range Be We.i of rh. Si.rh Principal
iW(148pr1 rlfir •r •f d .Ir 1 1 1/. 3r. • e 1.16.6' i 3 R. Y /444'4 •M
:•n .1 p , .i... c«•fy •4 4 s. ,,,1't,•4.r.. i 7: _
T�:r4aa- c;ary ray •1
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aT'l:5• ..per-: �i.s+• R.e.2.1•• �•. � 1 1.
L�cr I.L ..t R:f.°r..•y ... 6 f . f 70747 11'.071e •7 uta
fy ;eS a/ • . • .1 6......• 6 T•1•. . 74 7..rrt:`w.`.iunol .R.,... ; . .4. 1
!••S 16. 11 16li.. Y1e• • .. /•. • •4 0. 5 e . •pea! i..1 74 I •
0061 1..,6..1E • .vsroi• r ox'!r i..r r a :rre=�S- E se 3e°iea: f, . Ir rii•is-
EXCEPTING THEREFROM: That pare.l.11,041eat./ 1n lM1. So4lh.e.r Carn.r 1 Lor 17. 6..l... 3.
T°.nlhip 0 Soar M1. Pemg. B6 ! fh. 6rh Pr iaoipel ,aridi4n., o ee ••��••.4 o d eor. perrieulnrly
d.ler ib•d ie orr°npy D.ed r.c.r dad .tun. D. 1958 n BoeA 318 ar Pog.n229 a. P•c.pr Sen No. 20570.
f -T0 18074460 002063!'0 r..y ,,d .111 1Racep alon,Need20.2.1 .1717.4 or o r..,l, of Oui.r 714!. 0.cr..
ta.Z•t'1'0 964/11/0.
4Parc.: of last .Iruared ' Lef I7- S.crien 3, To.v•hip 6 Soarh. Range BB W..r of ; 3 Si•rh principal
.ridian. ,441E of Oarf Salol. Sta 1. of tat ,redo .aid pare.i b.rng my •pert tea tarty d•.crib.d a. fel la. rl
Cema•n.ing r r1.. 5,774.41. 74.r•.r 1 .aid Secria• 47 rh.4• N 3.•A 1704.68 f..! ro o Mir1 ./
qh. E..r•r1 tin• °f tire! pr�po.•.y d• cr'b.d in R04*7. 4n 11� 287/76 rM G1.li.ld County C
•eareer. ff lc.c rh5 Tr P• .f .g �I vyi ng: M•c. N W �10'.T' Ston , 1 Ea. rer:y 7pr II 1441
h. Nor lh.e.t e n id i.e..1 n a, zei6i7! h.. .o ;1.1 a•..rly lin. sr.@'7)'AL
54.52 fryt: rse°ea 5 4l- .-2�' 68. i0r 7441: ph.ne. 21'1. -SB- R i•. i! Iryr: h•nc• S1]e"7i• `, 77
the true
Nei 01. bein. 56.27 741st rh.ne• 9 J 77'18' 25.5. f• rMne. S 17'Id'IS' R•6►rf..r f,
the rr.• peinr of beginning.
T4s r• stns, wool so. .p... SCSI ante r.• •. I•u
COUNTY OF OARFIELO
Si E OF COLORADO
SOR`4EYOILe`,O aGtbrE
1:Yr4a•_fp1�3er .y111iG1.Ll.aa.�ta ai • M11Sa.•r2.t.n. ...We
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C'.1� 7/•51- "t 9 or wF•+ � �•�•y 475.6 to
07 r i11i
•
7°•E..
74111*, t01Eal.6171[at' Ctr1'.F ICATE IEXEMPTION1
ty..I• 12 ,.tae t1 • .I. of M loerd of c u i, Co. r f 0.rf:.ld C rade 'Fl.
'!^ .r T'^"^ �n0•h.'Ce� and * �o dor efe(�ld Cau
IV+it.1''anborao�toee rhelo•li'on'und�r G°r�l•Id Counryr srbd�riilen nr�dllat ro n.
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el ag. • pr n
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:Nollb.e.r.gudrer e .illb lo. d far • .id.nlial 7n.! fhrn o plorr•e ler 0,2 •h• d
.d !0 6. canfin.d .i !lima rF.r orn•r . proparty'baueder �... -
3. N° °667 14.7,11. 1 Id-la.l 141.FFl c•• 11 h• of 10..4 o.y.h•r.. Oe. 1!! n. 6,4,1-
r..l brnin tor• . d•rrn.d by .R.S.'25-)-10, .ad..if ad F. 9 erten l'
go• 19et•d ,.r under ill b• Ilo..d any d.•lling II a .Bing 7.111 era
Ilo..3 en .nr.lrrre..d number of mol °ro�nga. bot.: ng .terse and eppl ia.ca .
I . ligh !ng rhe I b. ph. .7y. 611 r light ng
.Ir 11 b• allow
r.dri rd. ° ,,d r7• r 1 .1 '1..o et c cep r1. r pea le m y b•
sod °Ile f o..., uil ing panting °b for
!h• prop•. y be.nd.r w• Con.,!!
.irh +A• G..fi.lt Caunr Bu Icing D.par rm. r f r d.l.Il
5. 0,,1,.ld Go.nry ho. a Righ,- e-Form-ond-Roe h r.gulc+i. .141ch r the
raper dnplaibr.rl aga'g1r customaryA mak.. lo
ngricuiiur0laop.7.11.6.'andl �.oF•
pilanco roe rrul.
S7.,!fie 40,1.917.1 4,x.74• •rya b. d dO..74 r pl of . •.
en4 y Sir .p rfi< 71!4:7 f r plat •.y46. r.qu rat Cvn.ul l'
•i 1.'l°• Garil.l d'Cevnry Ba Iding Ddpar m.nr ler d.r°1111
71ON
46"x'%7 5.. as ;R 6,46 7`JTA7� 3
"LIES 6V SPACE
SWEYEAtl6 !Lsx'Id7
lr 4744 1 Ms ,sEL4 J53-ALLS S
4.7C PAW 20uLf•a,rtll.427'6*
LAMC007
&TA REArila SIVE
Mit
EEAZ:rtc.
LOT A
9.967 AC
7/
-LOTC
2.031 AC s
hatTV:.
•
EASEMENT EXHIBIT
M.J.N. SUBDIVISION EXEMPTION
GARFIELD COUNTY, COLORADO
11
i . .
1 714712 'V 4.". //
L 0 T B 1 //
2.242 AC Ii .•."....."... +.,`)
•
r to• WOO. I 1-EhOr-
..--------•"-----1::-:-_,_._..../j
il AISArs
- -.... --...
1
1
1 LOT D
I 90.671 AC
1 I
I I
i \
AI'F/ ffETZ.aq "94- "' Lot 17 Lot 16
Se 0. 9 S e c . 2
7.8 S.. R.88IV.. 6th P.M.
R•c.. No 205707
LINES IN SPACE
1-460 IV.....
BEAR 190 STATEMENT
rIAN7V 411; 41!
. ..... . • . -
60
.• tom ..• S•••,
;::: • • i•t• Os.
1-1
Krialriim
LEGEND
• (0 4411 6 Fe 41.14.12 Kvlag.
— 0E6 woo BleliKoe
MA*
I 1
•
el
00
LF291 DESCRIPTIONS
tIOZVR*OrRol%I.'Xce4olmlkocr','BIZ.°Go%Inctn-ir;TOTErcUln'ci :fng. "
more parlicuM,1 described el follows:
Mgr E 322 0 r' M
'StgAg7-E ' IB
' r." e N 15.47 C4E
2Vrill;:: ' 57.12 27 BLE
1"......, '.. ' eLZO L'pOntl or i•WectITInfh'L 1Frn'E.td
1,913,
101, or 1.1..,N0/6d 011 17 ol BRor,o, 9. ',RBI, Et Sou.. R., Be
.0 of lAe 114 Principol Meridian. Garfield Coon, Colorado. ond be,
more porlicublele described os follows•
e plain! on ale Norlberly boundary lin soot Loo 70:1;71.:c;
P;;JE"g';n0313Cf
323 87 feel: 'hence feeo oo
obe peini of b•goning 2' :more or le.
LO7 C:
We'irr'Vf tl%Vr::rederMLeVrerm,' "Ga%'17"Cctnlrys...E1=t btr "
mere parloniellg deicribed
't"'"'ne r 'Yr T79r4A19'.
A31: 2[%721e:;.: obei7e'S 0318'59. E 377E16
.44.0.2 81
i,6666 RJR.
26560 fee!: 2054112. E 37919 io ibe poinr Isogon,
j2[1:
A Ira, of lond sioucied in Lel 15 of Seellon 2.and on Loi 17 of Secoon 3.. oll
2eZdtgun'ry,t'lOreTorZberg' o?OrOVo'i'OurO;Iny'd'e'sc'r'berOo
folio's
IF03.4.4j." V.r7..41717.‘1.•th5,ri.41.... 1
0.• Una. ran C••,...... 7.2 • •4t.
r 102rr
4.•
44:
r...4•.1"61•61ACrlg Ir,VV••:"•.J1..'41 L. 11, W666,IU _ .4..1WVTAM01., ,...
r 4=1 V6tVw. /1.1.1t.t.PrZittrr; ''''. Td:7 L.'
r664 L. 61 4 ....kor6 C.,. .1...* ,....7 I... _ Wr •
b. la NI. •ffing Po 5......s N.A.. m,d1i.: .4. v V21, •
L.-- .r N.V. 0.041 tr.. ,•:...1grA, . 4
•...•••,""1:7..ti pm., el /r.1 44.4.3...,,,a5
1 ..,-11.,43., f PAC l•rt O., m. 610 .4,6 Inn146 6
6. 0 ........r 0 4.1 P.M • .01. ttArS? V • ,... '"
m.o.. 35 se••• ... o iw
44411 UMW 1010 a44 tic(r, l oAft N4146
4.14,641! 990
1P.
53 32
133 72. 60 51' 132 12 •
.55• 34 17' 33.80 31 51: 59'. 2.2,
PI lir NOUS
WE
E
0 50 DO El, MO.
SCALE: 11.100'
rasprro.,
WE NT Emir
31., EXEMPT N
LAES Ai SPACE
PURE,' !AOC** LS 14 1,11
171,CILAINK•,.4. 0.0
1.22- X.105 Ki,U, CP JCS2t,,,J0
1111111 Illy 1111 1111 11111 1111111111 IllllIlli IDD!
6669856 03/08/2005 11128A 81668 P460 11 ALSDORF
of 18 R 91.00 0 0.00 GARFIELD COUNTY Co
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
MJN SUBDIVISION EXEMPTION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
MJN SUBDIVISION EXEMPTION (hereafter the "Declaration") is made this ,3744' 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, welts and well rights, well permits, easements and rights-of-way appurtenant to or used
upon or in connection with the Subdivision Exemption and all other common facilities and
appurtenances related thereto, all of which shall be deemed to be included in the definition of
"Subdivision Exemption" 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, control, use, and enjoyment of the Subdivision Exemption, as well as
provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth,
1
SHANE HARVEY, ESO
HOLLAND AND HART
600 E. Hain St.
Aspen, CO 81611
IBM 11111111111 111111111 1111111 11111111
M1ll1 I i1
669856 0310812005 11:28A $1868 P461 PLSDOR
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, shall be held, translcrred, 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 shall 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 k-aciiities. "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
11111 111111 1111 1111 11111 1111111 11111 11111111
669856 03/08/2005 11:28A 81668 P462 M PLSDORF
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 "C:omznon 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
structures, 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 ane 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
1. Lots. Lots A, B and 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 as permitted 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 shall 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
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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 existing 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 limitations set forth in this Declaration
and any Rules and Regulations adopted by the Association 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 Envelopes. Prior to issuance by the County of a building permit for the
construction of 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 D as contemplated in Article II(1) 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 II(1), and shall thereafter record a document
memorializing such new building envelope in the real estate records of the County.
4. Appurtenance 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
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damages and injunctive 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
MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION
1. The owner of record of fee simple title to each Lot shall be a Member of the
Association. For purposes of this Declaration, if a Lot is owned by more than one person, all of
the persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot
Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves,
designate 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 Actions
and any other voting matters in the Association, 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
governing 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 collect Annual and Special Assessments for the purpose
of paying all 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 (1/4th) share of the total
assessment to be paid by the Owner of each Lot;
e. Subject to the provisions of Article I(6), to elect at the Annual Meeting by Owners
Action, an Association Manager to act, during the upcoming year, on behalf of the
Association and in such capacity to exercise all powers of the Association
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delegated to him by such Owners Action;
f. To enforce, by Owners Action, the provisions of this Declaration and any Rules
and Regulations adopted by the Association as provided herein, either through
Owners Action or by delegation of such enforcement authority to the Association
Manager;
To establish a date certain for the Annual Meeting 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 least 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.
g.
h. To receive and use for the joint and common benefit of all Lot Owners any
revenues received by the Association from whatever sources and determination of
the specific uses of such funds.
i. 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 ---- OWNERSHIP, 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 pipeline easements, and drainage easements which
serve or benefit all Lots in the Subdivision Exemption as shown on the Plat. The Association
shall maintain and keep in good repair the Common Facilities (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 replacement 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
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by fire or other hazards, including extended coverage, vandalism, 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 destruction from any such hazard. The Association
Manager may also obtain an adequate public liability policy insuring the Association, and its
individual Members and Association 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 reconstructed 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
Special 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 or Licns. 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 trust 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
shall 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 shall 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
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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 his Lot or in or upon any Common Facilities which will result in the cancellation of
insurance 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. Signs. 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 (e) 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 Dollars ($200) for the second
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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 shall 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 farm 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 permitted by the Rules
and Regulations, (a) no boats, trailers, buses, motor homes, campers, snowmobiles, all -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 permitted by the Association, Rules and Regulations
or in accordance with the Design Guidelines.
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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
shall 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
permitted 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 normal
drainage of the land or within any area designated on the Plat, or other recorded document, as a
"drainage easement," except that, with the prior consent of the Design Review Committee, non-
permanent structures, including lances, may be erected in those areas which contain only
underground closed conduit storm drainage facilities.
14. Rental oi. 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 Prohibiters. 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. Landscapint; and Fencinv. All areas of the Lots which are susceptible of access by
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grazing livestock shall be fenced by the Lot Owner and the Design Review Committee must
approve the type 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 CC) (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. Trrigation System. Lots A, B and 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 (1) new solid -fuel burning stove as
defined by C.R.S. 25-7-401, et seq., and the regulations promulgated thereunder, will 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 all 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. Firearms. The discharge or shooting of firearms is prohibited.
21. No Mining, Drilling or Quarrying. No mining, quarrying, tunneling, excavating or
drilling for any substances within the earth, including oil, gas, minerals, sand and gravel, shall be
permitted.
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
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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
trash 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. F.11 fo rcement. 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 shall be a Special Assessment against and be secured by a lien upon such Lot
enforceable in accordance with the provisions of Article VI 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 VII by any Owner.
26. Restrictions/Conditions Imposed 13y 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 carry 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, filling
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. Dcsiwn 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 terns 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
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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
shall, 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 permitted 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.
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,
g-
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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, in 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 all rules and regulations related to the Town of Carbondale water system and all provisions
set forth in the Water Agreement. Lots B and 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
domestic in-house use only and the Owners of Lots B and D shall enter into a well sharing
14
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LSDORF
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. R and C. ]hese 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 MJN Operational Pond #1.
It is acknowledged that the MJN Pond System is a seasonal water right and the source of
water that fills the MJN Operational Pond #1 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 in-igation 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 irrigation water supply and system serving Lot D in order to fill said
pond as necessary. It is acknowledged that this separate agricultural water supply 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 shall be considered covenants and
obligations running with title to the East Mesa Ditch water and ditch rights presently owned by
Declarant.
15
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669856 03/08/2005 11:28A B1668 P475 M ALSDORF
16 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO
ARTICLE X
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
1. Term. The covenants, conditions and restrictions of this Declaration shall run
with title to Lots A, B, 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 rnay be a party by reason of any
actions, contracts, agreements or other activity undertaken 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
harmless 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 instrument 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.
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4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
5. Perpetuities. 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 Rules 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 shall be deemed to
also encompass the corresponding plural.
TN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this
+`_ day of March, 2005.
17
MJN Land Investments,
a Colorado general partnership
By: 4
Mar , . Nieslani , General Partner
11111111111111111111111111111111111111111111111 I111111
669856 03/08/2005 11:28A 81668 P477 11 ALSDORF
18 of 18 R 91.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged be
by Mark J. Nieslanik as General Partner of the Declaran
Witness my hand and official seal.
My commission expires
SEAL
2692390 5. DOC
18
day of March, 2005,
SHANE J. HARVEY
NOTARY PUBLIC
STATE OP COLORADO
0411
ublic
1 11E11 11111 1111111 Ell 1111 1111111 111 11111 LE 1111
668960 02/22/2005 10:90A 61664 P146
F
4 of 4 R 21.00 D 0.00 GARFIELD COUNTY Co
EXHIBIT "13"
LOT A:
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 ��ece a stone foundCorner of said ot 17, being a rebar with in place for the Southeast cap marked L.S. 3317,
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
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 0O°10'47" W
263.24 feet along said Westerly boundary line to the point of beginning, 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 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, 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 13 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. Grantor 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).
1) 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 that 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 assigns 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 indirectly, Grantee's or their Permittees'
use of the License Area.
Page 1 1
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.
Address:
Page 1 2
GRANTEE:
r
Qr CL
a64
a
Deb A. Rice a/k/a Debra . Bath
Address:
Article 7
Nothing form Article 7 will be affected from this change. All current
accesses and drainages will remain in place.
Nicho as Lough
AMENDED FINAL PLAT OF LOTS A & B, M.J.N. SUBDIVISION
EXEMPTION, GARFIELD COUNTY, COLORADO
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
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
OF THE BOARD OF COUNTY COMMISIONERS" IN THE COUNTY OF GARFIELD.
DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS
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
NO. 2000-40.
THE OWNERS
AS
STATE OF COLORADO )
COUNTY OF GARFIELD)
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF A.D.. 20_ BY DEBRA A. RICE.
)SS.
MY COMMISSION EXPIRES: 01/26/2017
WITNESS MY HAND AND SEAL
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 COMMISIONERS" IN THE COUNTY OF GARFIELD. 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 )
)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.D.. 20_ BY NICHOLAS L. LOUGH &
AUTUMN M. EVANS.
MY COMMISSION EXPIRES: 01/26/2017
WITNESS MY HAND AND SEAL
COUNTY COMMISSIONER'S CERTIFICATE:
Based upon the review and recommendation of Garfield County Director of
CommunityDevelopment. the Board of County Commissioners of Garfield
County. olorado. hereby approves this Amended Final Plat this day of
A.D.. 20 for filing with the Clerk and Recorder of Garfield
County and for conveyance to the County of the public dedications shown
hereon. subject to the provisions that approval in no way obligates Garfield
County for the financing or construction of improvements on lands. public roads.
highways or easements dedicated to the public. except as specifically agreed to
by the Board of County Commissioners by subsequent resolution. This approval shall
in no way obligate Garfield County for the construction. repair or maintenance of
public roads. highways or any other public dedications shown hereon.
Chairman. Board of County Commissioners
Garfield County Colorado
Witness my hand and seal of the County of Garfield.
Attest:
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 this day of A.D.. 20
By: Garfield County Surveyor
TITLE CERTIFICATE
an attorney licensed to
practice law in the State of Colorado. or agent authorized by a title
insurance company. do hereby certify that I have examined the Title to
all lands shown upon this Plat and that Title to such land is vested in
free and
clear of all liens and encumbrances (including mortgages. deeds of
trust. judgments. easements. contracts and agreements of record
affecting the real property in this Plat). except as follows:
DATED this day of A.D.. 20
Attorney
CERTIFICATE OF TAXES PAID
I. the undersigned. do hereby certify that the entire amount of taxes
and assessments due and payable as of
on this Plat are paid in full.
upon all parcels of real estate described
DATED this day of
Treasurer of Garfield County
SURVEYOR'S CERTIFICATE
A.D.. 20
I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor
licensed under the laws of the State of Colorado. that this Plat is a true.
correct and complete Plat of the Final 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 said Amended Final Plat as the same are
staked upon the ground in compliance with applicable regulations governing the
subdivision of land.
In witness whereof. I have
A.D.. 20
set my hand and seal this day of
Sydney Lincicome
Lines in Spave
67 Glenwood Avenue
Carbondale. Co. 81623c
CLERK AND RECORDER'S CERTIFICATE
This Plat was filed for record
County. Colorado. at
of A.D.. 20
P.L.S. 14111
in the Office of the Clerk and Recorder of Garfield
o'clock. M.. on this day
and is duly recorded as Reception No.
Clerk and Recorder
BY:
Deputy
N/CL 0t/G/
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 /N SPACE
SYDNEY LINCICOME (LS. /4 / / / )
67 GLENW00D AVE. CARBONDALE. CO. 970-963-3852
PAGE /OF2
DATE: 03/2//20/8 SCALE. l" _ /00' JOB NO.: 9702/
C/General CADD 81GxdINICLOUG1.gxd -- 03/21/2018 -- 04:31 PM -- Scale 1 : 600.000
AMENDED FINAL PLAT OF LOTS A & B, M.J.N. SUBDIVISION
EXEMPTION, GARFIELD COUNTY, COLORADO
LS 3317
#5 REBAR
O
O
M
0
(V
N 87°41'37"E 717.50'
322.50'
LOT LINE BEING VACATED BY THIS PLAT
I
LOT A
3.367 AC t/-
1o
5Za'
5 4,
LS19598
°
QD
0
CO
20'X 20' UTILITY EASEMENT -\
BARN
S 88° 39' 54"W
302.66'
Lot C
REVISED LEGAL DESCRIPTIONS
LOT A:
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 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.Ilfeet: 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.
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 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. containing 2.242 acres more or less.
LINES IN SPACE
LAND SURVEYS
N
u,
0
395.00'
LOT B
2.242 AC #/-
v' S 87° 50I0"E 84.00'
LWNDSCAPE LICENSE
GREEMENT AREA
EXISTING
HOUSE
180.00'
WIDE ACCESS EASEMENT
VICINITY MAP
SCALE: 1"= 2000'
TO BE AFFIXED AT TIME OF RECORDING
47.56'
BUILDING ENVELOPE
221.87'
0
N
1
S 00°00'00-E
401.87'
Lot D
SEC.3, T.8 S., R.88 W., 6th P.M.
W E
S
0 25' 50' 75' 100'
SCALE: 1"=50'
BEARING STATEMENT
All bearings shown hereon are relative to a bearing 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 (also being
a point on the Westerly boundary line 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
CENTERLINE 30' WIDE IRRIGATION
PIPELINE EASEMENT
LEGEND AND NOTES
• FOUND REBAR & CAP MARKED PLS 14111
C FOUND REBAR & CAP MARKED AS SHOWN HEREON
CURVE DELTA ANGLE RADIUS
C 1 260°52'35" 55.01'
LINE
L I
BEARING
N 28°43'37"E
ARC TANGENT
250.47' 64.54'
DISTANCE
35.60'
ALL RECORDED EASEMENTS ARE SHOWN ON THIS PLAT.
CHORD CHORD BEARING
83.74' 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.
NICL OL/GH
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 /N SPACE
SYDNEY LINCICOME (L. S. /4 / / / )
67 GLENW00D AVE CARBONDALE. CO. 970-963-3852
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DATE: 03/2//20/8 SCALE: l" - /00' JOB NO.: 9702/
C:IGeneral CADD 81GxdINICLOUGH.gxd -- 03/21/2018 -- 04:30 PM -- Scale 1 : 600.00