HomeMy WebLinkAbout08.0 Final, Plat & Recording Info.PROJECT NO.
2061070
1 OF 1
TITLE CERTIFICATE
[,,....ecC.,,,, UN -AA -0 AN AGENT AUTHORIZED BY LAND 7111E GUARANTEE
COMPANY DOES HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS
iO4#1 UPON MPS PLAT ANO THAT TITLE TO SUCH LANDS IS VESTED IN ROGER B.
AND AMELIA S. ESHELMAN, FREE AND CLEAR OF ALL LENS AND ENCUMBRANCES
(INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENT% EASEMENTS. CONTRACTS AND
AGREEMENTS OF RECORD AFFECT/4G THE REAL PROPERTY IN THIS PLAT), EXCEPT AS
FOLLOWS:
•sEE 7111.4 COMMITMENT NOTES FOR EXCEPTIONS TO Tiny,
DATED MIS 1'..." DAY OF ?\\ A.C.s..4:\ A.D 2013.
LAND Trrix GUARANTEE COMPANY
1317 GRAND AVENUE, SUITE 200
GLEN18074SPRINGS, COLORADO 81601
1
840
//6.14644a
AUTIORI Ey,f7p.,.
D AGENT
TITLE COMMITMENT SCHEDULE 5-2 EXCEPTIONS NOTES
LAND TITLE GUARANTEE COMPANT COMMIT/ENT ORDER NUMBER CW83007387 DATED
AUGUST 14, 2012.
EXCEPTIONS 1 THOUGH 7 ARE STANDARD EXCEPTIONS.
10. THIS PROPERTY IS SUBJECT TO RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY
THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED
APRIL 17. 1909, IN BOOK 71 AT PAGE 368.
11. THIS PROPERTY IS SUBJECT TO RIGHT CF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOvE MS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMEES AS RESERvf_D IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT
PAGE 368.
12. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED IN
BOOK 521 AT PAGE 149.
13. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO.
89-035 RECORDED MAY 03, 1989 IN BOOK 753 AT PAGE 544.
14. 1I440 PROPERTY IS SUBJECT TO TERMS, CONDITIONS ANO PROVISIONS OF RIGHT OF WAY
EASEMENT RECORDED JANUARY 05, 1990 IN BOOK 770 AT PAGE 597 AND IS PLOTTED THEREON.
15. 11110 PROPERTY IS SUBJECT TO TERMS, 004401110/40 AND PROVISIONS OF CONTRACT
RECORDED APRIL 25, 1990 IN BOOK 777 AT PAGE 586.
16. THIS PROPERTY IS SUBECT TO TERMS, CONDITIONS MID PROVISIONS OF INSTRUMENT
RECORDED OCTOBER 10. 2003 IN 8001( 1528 AT PAGE 607.
17. 11110 PROPERTY IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY UNE
ADJUSTMENT AFFIDAVIT RECORDED OCTOBER 10. 2003 IN BOCK 1528 AT PAGE 609.
18. THIS PROPERTY IS SUBJECT EASEMENTS, RIGHTS OF WAY AND 0114ER MATTERS AS SHORN
ON ESHEUAAN/HOGAN BOUNDARY UNE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER
RECEPTION NO. 638143.
19 THIS PROPERTY IS SUBJECT TO ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION Of
FENCE UNES AND THE EFFECT OF ANY RIGHT, 1111E CR INTEREST THAT MAY BE CLAMED DUE
TO ANY SAID DISCREPANCY.
20. 11415 PROPERTY IS SUBJECT TO TERMS, CONDITIONS AND PRONSIONS OF RESOLUTION
RECORDED APRIL 28. 2008 AT RECEPTION NO. 747393.
PLAT NOTES:
1. 031411201. CF NOXIOUS NEEDS IS THE RESPONSIBIUTY OF 114E PROPERTY OMER
N COMPUANCE MTH THE GANEIELD COUNTY WEED MANAGEMENT PLAN AND THE
COLORADO NOXIOUS *KED ACT.
2. NO NEW OPEN HEARTH 5�J0-FuEL FIREPLACES WILL BE 9.11.09133 ANTANERE
44114IN THE SuBDIVISION. ONE (1) NEW SOUD-FLEL BURNING STONE AS DEFINED
130 0.05. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGATED
THEREUNDER, VALI. BE ALIENED IN ANY DWELLING UNIT. AU. DWELUNG UNITS MILL
Bf ALLOWED AN UNRESTRICTED NUMBER CF NATURAL. GAS BURNING STOVES AND
APPUANCES.
3. ALL EXTERIOR LIOHTNG SHALL BE 114E NARMUM AmOUNT NECESSARY AND ALL
EXTERIOR OOHING SHALL BE DIRECTED INWARD ANO DOWNWARD, TOWARDS THE
INTERIOR CE THE SUBDIVISON. EXCEPT THAT PROVISIONS MAY BE MADE TO
ALLOW FOR SAFETY UGHT1NG 114AT GOES BEYOND THE PROPERTY BOUNDARIES.
4. COLORADO IS A 'RIGHT TO F...we STATE PURSUANT TO C.R.S. 35-3-11, ET. SUL
LANDOWNERS. RESIDENT AND 9104TORS MUST BE PREPARED TO ACCEPT THE
ACTIVITIES, SIGHTS, SOUNDS ANO SPELLS OF GARFIELD COUNTY'S AGRICULTURAL
OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTT
NTH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE
MTH AN URBAN SENSITIVITY MAY PERCEIVE SUCH AGITATES, SIGHTS, SOUNDS
AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODDR. 11098.ER,
STATE 1934 4940 COUNTY INDUCT PROVIDE 'NAT RANCHNG. FARMING OR OTHER
AGRICLKTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT
BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE
MTH THE LAW AND IN A 14044 -NEGLIGENT MANNER, THEREFORE. ALL MUST BE
PRWARED TO ENCOUNTER NOSES, ODOR, LIGHTS. IND, DUST, SMOKE.
CHENCALS, MACHINERY CN PUBLIC ROADS, UVESTOOK ON PUBUC ROADS,
STORAGE AND DISPOSAL OF MANURE. AND THE APPLICATION BY SPRAYING OR
OTHERWISE OF CHEMICAL FERTILIZERS, SOIL MENOMENT, HERBICIDE. AND
PESTICIDES ANY ONE OR MORE OF MUCH MAY NATURALLY OCCUR AS A PART
Of A LEGAL AND NON -NEGLIGENT AGRICULRRAL OPERATIONS.
5 ALL OVINERS OF LAND. WHETHER RANCH CR RESIDENCE, HAVE OBUGATICNS
0NDE8 STATE LAw AND COUNTY REGULATICNS 11ITI4 REGARD TO RE
MAINTENANCE OF FENCES AND ORRIGATION DITCHES, CONTROLLING WEED0,
KEEPING UVESTOCK AND PETS UNDER CONTROL. USING PROPERTY IN
ACCORDANCE MIN ZONING. AND OTHER ASPECTS OF USING AND NAINTANING
PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO TEARN ABOUT
THESE RIGHTS AND RESPONSIBILITIES AN ACT AS 0000 NEIGHBORS AND CITTZDIS
04 THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS 'A
GUIDE TO RURAL LIVING 44 SMALL SCALE AGRICULTURE" PVT OUT BY THE
COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
6. THE UNERAL RIGHTS ASSOCIATED TATH THIS PROPERTY NAY NOT BE TRASFERRED
MTH THE SURFACE ESTATE THEREFORE ALLOTTING THE POTENTIAL FOR NATURAL
RESOURCE EXTRACT/3N 044 THE PROPERTY BY THE 119ERAL ESTATE CANER(S) OR
LESSEE(S).
7 DOGS KEPT 011 114E PROPERTY SHALL BE IN A FENCED YARD, KENNEL OR ON A
LEASH TO PREVENT HARASSMENT OF WLDLIFE. ANY OUTSIDE STORAGE OF TRASH
SHALL BE N A BEAR PROOF CONTAINER. FEEDING OF WILDLIFE SHALL BE
PROHINTED MTH 1/46 EXCEPTION OF SONGBIRDS. FENCING ON THE PROPERTY
SHALL °DARLA NTH 1140 OPASION OF WILDLIFE SPECIFICATIONS FOR
WILDLIFE -FRIENDLY FENCING CONTNNED IN THOR 11/13/12 REFERRAL LETTER.
& ENGINEER -DESIGNED FOUNDATIONS ARE REQUIRED WITHIN TIM SUBDIVSTON,
ALONG VATH COMPLIANCE WITH REQUIREMENTS FOR SUPPLEMENTAL
GEO-TECHNICAL AND SOLS ANALYSIS AND RECOMMENDATION OF THE /EH AND
ASSOCIATES GEOTICHNICAL REPORT (DATED AUGUST 28, 2009) AND THE
COLORADO GEOLOGICAL SURVEY REFERRAL COMMENTS (DATED NOVEMBER 14.
20)2) FOR IMPROVEMENTS INCLUDING ROAD CONSTRUCT/M.
9. GARFIELD COUNTY TRAFFIC IMPACT FEES SHALL BE PAID FOR DEVELOPMENT OF
LOT 1 AT RE TEE OF DUNG A BUILDING PERANT APPUCATION FOR LOT 4.
10. THE 04NE8S SHAu_ ATAINTAIN COMPLIANCE MTH 'ME DINSION OF WATER
RESOURCES WELL PERMIT AND RELATED WATER COURT DECREES AND ANT'
ONEXTONS CONTAINED THEREIN.
11. COMPUANCE VATH THE CARBONDALE AND RURAL FIRE DEPARTMENT DISTRET
RECOMMENDATIONS CONTAINED IN THE REFERAL COMMENTS SET FORTH IN (MIST
or THE PRELIMINARY PLAT RESOLUTION NO. 2013-10 RECORDED AT
RECEPTION NO. 830406.
12. TH/S PROPERTY IS SUBJECT TO RESERvATIONS. RESIRETONs, COVENANTS AND
EASEMENTS OF RECORD OR IN PLACE
13. APPLICATION FUT A BUILDING PERMIT FOR EACH LOT WITHIN THE SuBDIVISION
SHALL INCLUDE A SITE SKOOG FOUNDATION SILIOT DONE BY A CATAUFIED
REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF COLORADO.
14. BASIS OF BEARINGS FOR 71415 SURVEYI5 A BEARTNG OF TRUE NORTH
DETERMINED BY GPS OBSERVATIONS YIELDING A BEARING OF 500'48'39"W BETWEEN
THE NORTHWEST CCNER OF SECTION 17 A 1972 GARFIELD COUNTY BRASS CAP
AND 1140 441/4. CORNER OF SECTION 17, A ROOD BUT BRASS CAP BOTH IN PLACE.
13, DATE OF SURVEY WAS ALI' 2003.
16. THIS NAT IS BASED ON RECEPTION NO. 320331 AND RECEPTION NO. 488692
MN CORNERS FOUND IN PLACE
LAND USE SUMMARY
LOT ADDRESS USE AREA
1 7332 COUNTY ROAD NO. 100 RESIDENTIAL 2.471 ACRES
2 7380 COUNTY 80AD NO. 100 RESIDENTIAL 2.115 ACRES
3 7378 COUNTY ROAD NO. 100 RESIDENTIAL 2.117 ACRES
TOTAL LOT AREA 6.702 ACRES
TQTAI AREA 6.702 ACRES
FINAL PLAT
PIONEER POINT SUBDIVSION
A PARCEL OF LAND SITUATED IN LOT 3, LOT 12 AND THE E 1 /2 OF LOT 13,
\\ SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
\ \
UTIUTY EASEMENT
30' ACCESS AND
RECEPTION NO.
• \
\
OUND NO. 5 REBAR &
\ELLOW PLASTIC CAP
MARKED PROP CORNER
HCE 1.519598
\ \
9.
25' -
51018404
SETBACK
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE
ACCURACY OF SURVEYS. CALCULATIONS AND DRAFTNG
T TO C.R.S., 38-51-101 AND 102, ET SEQ.
DA "DAY OF 4 tr--• 2013.
WA
G LO OUNTY SURVEY
BOARD OF COUNTY
COMMISSIONERS CERTIFICATE
THIS FINAL PLAT OF PIONEER POINT SUBDIVISION IS APPROVED BY THE
BOARD AIF COUNTY NWVAISSIONER; OF GARFIELD COUNTY, COLORADO THIS
414 DAY OF ..-014)14-A4" 2013. FOR FILING WITH THE
CLERK AND RECORDER Of GARFIELD COUNTY AND FOR CONVEYANCE TO
THE CouNTY OF ME P08U0 DEDICATIONS SHO1114 HEREON. SUBJECT TO
THE PROVISION THAT APPROVAL N 140 WAY OBUGATES GARFIELD COUNTY
FOR FINMEING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBUC
ADS HIGHWAYS OR TS DEDICATED TO THE PUBLIC, EXCEPT AS
5 FICALLY A ARD OF COUNTY COMMISSIONERS BY
SUB QUENT RES APPROVAL SHALL IN NO WAY OBUGAIE
GARET COU 408 1744 STRUC REPAIR OR MAINTENANCE OF
PUBLIC ADS, ANY 1I4 PUBUC DEDICATIONS SHORN
HEREON. lEA/CI C04,
r -
in
N I
\ I
I
?.1
P I
I I I
I I
1 I 10' SETBACK -4
3 53'
LEGEND
08E
DOSTING ASPHALT
PROPERTY BOUNDARY
EASEMENT
SETBACK
OVERHEAD ELECTRIC
904ER POLE
\ 458.09'
20' WIDE HOLY CROSS
ELECTRIC ASSOCIATION
RIGHT-OF-WAY
EASEMENT
BK. 1331 PG, 83
LOT 1
2.471+ Ac.
10' SETBACK
N 88*52'30 E
CURVE TABLE
CURVE
CI
C2
C3
RADIUS
DELTA
LENGTH
TANGENT
CHORD SEARING
CHORD
200.00'
200.00'
20000'
04,42'31'
0871'00'
08'41'37
16.44'
8.22'
N 4311'31 W
29.15'
14.60'
5 41'42'16* E
30.35'
15,20'
N 41'52'34' W
C4
Cs
SET NO. 5 REBAR &
YELLOW PLASTIC CAP
MARKED PROP CORNER
HCE LS19598
(TYPICAL)
40.00'
200.00'
25' SETBACK
25' SETBACK
88'45'10'
05'32'31'
61.96'
39.14'
5 89'24'02. w
16.43'
29.12'
30.32'
55.95'
19.30
9.68'
N 474713" E
19,34'
UNE
NE TABLE
808.1910
LENGTH
LI
4450'33'58E
15.64'
12
54613'23'E
14.16'
L3
537'31'46E
141.66'
14
5155246'E
15
0411015E
76.53'
33.65'
16
523'58'23'E
28.417'
17
533'03'22'E
30.13'
18
532'43'37-E
L9
S38'49'351
51.21'
23.25'
LIO
0503.54'58"E
18.54'
111
576'33'04E
L12
54829'14"E
24.11'
34.5e
113
542"36'05"E
19.38'
114
539'57'08"E
42.70'
GRAPHIC SCALE
O 70 SO 100
TOO
FOUND NO. 5 REBAR &
YELLOW PLASTIC CAP
MARKED PROP CORNER
HCE 1.5195913
20' 84010 Kt, 00000
ELECTRIC ASSOCIATION \
RIGHT -OF -WAN'
EASEMENT
( 04 )
1 Inch 44 50 ft.
SET NO. 5 REBAR &
ALLOW PLASTIC CAP
mARKED PROP CORNER
HOE L519598
(TYPICAL)
N 885230' E 219.97'
8.0
CHAIM
GAR
WITNESS IA
ATTEST:
LIENHO
TY COMMIS
OF THE COUNTY OF GAR
SEAL
•1
ER CO NT
AND SUBORDINATION
THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEW OF TRUST GRANTED BY THE OVNER(S)
UPON THE REAL PROPERTY PLATTED AND WADED AS SHOWN UPON THE WITHIN FINAL PLAT OF
PIONEER POINT SUBDIVISON, CERTFIES THAT THE UNDERSIGNED HAS REVIEWED THE FINAL PLAT OF
PIONEER POINT SUBDIVISION AND BY 11415 CERTIFICATION HEREBY CONSENTS TO SAID ONAL PLAT OF
PIONEER POINT SUBDIVISION AND TO THE RECORDING THEREOF. BENE410ARY FURTHER CONSENTS TO
SAID FINAL PLAT OF PIONEER POINT SUBDIVISION AS STATED IN THE CERTIFICATE OF DEDICATION
AND OWNERSHIP EXECUIED BY THE ONNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST
THAT BENEFICIARY NAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE
ENTITTOES) OR THE GENERAL. PUBUC TO VANCH SUCH DEDICATION IS MADE.
05003 1100 1915 DAY OF "-?J 6.0. A.D. 2013.
ALPINE BANK
137 MIDLAND AVENUE
P.O. BOX 349
8854110. 001094p0 81621
BY.
6URID REPRESENTATIVE
STATE OF COLORADO )
)ss
COUNTY OF
THE FOREGOING UENHOLDER CONSENT AND SUBORDINATION WAS
404(80WLEO0ED BEFORE ME 11215013.3r_ DAY EIF4..„,..
9448.5.
_
MY COMMISSION DEIRES
WITNESS MY HAND AND SEAL;
NOTARY PUBUC
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE 61411
AND ASSESSMENTS DUE AND PAYABLE AS OF 3
UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS
DATED THIS DAY OF IA.4-S5.A.4- A D. 2013.
sumssampf
N8 P
"I
•
'99.
$9
\ EASEMENT
30',11.1449TIUETY"
e
25' SETBACK
LOT 3
2.117± Ac.
10' SETBACK
5.57' \
15' ACCESS
& ullUTY
EASEMENT
20' ACCESS
& UTIUTY
25' SETBACK EASEMENT
H
15' ACCESS
\ & uTIUTY
EASDAENT
EXISTING
WELL
(X151945
WELL
30' ACCESS
& UTILITY
EASEMENT
\
\44.3,
1/44
N48. 4g7;9
OUND NO. 5 REBAR
& PLASTIC CAP
\\LS NO. 5447
10' SETBACIE_
101851180
NOUSE
NE CORNER
SECT N 18
FOUND 2-3/4'
BRASS CAP
S 0016'39" W
FAILIOr10'6001."E51627:1)
10' SETBACK
E DETML 'A'
OUND NO. 5 REBAR &
YELLOW PLASTIC CAP
MARKED PROP CORNER
FICE LS19598
/4.4AAT-44-'
TOC LIN DM 89 newnno 009610
BY;
DETAIL "A"
8 '35'30' W
FOUND NO. 5 REBAR
& YELLOW PLASTIC
CAP LS NO. 14111
ININESSED 54.14'
270.10
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED ROGER B. ESHELMAN AND AMELIA S. ESHELMAN BEING SOLE OMER(S) IN FEE SIMPLE OF
ALL THAT REAL PROPERTY SITUATED IN GAREELD COUNTY, DESCRIBED AS FOLLOWS:
A PARCEL CF LAND SITUATED IN THE W1/214E1/4 SECTION 113, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY CF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCTAIG AT THE NORTHEAST CORNER OF SAM SECTION 18 A 2-3/4' BRASS CAP IN PLACE THENCE
53297'22W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SATO 91/2NE1/4
RIE P0487 OF BEGINNING. 16416010 S0016'39'w ALONG SAID EASTERLY INC A D4ST48CE or 125.22 FEET;
THENCE LENANG SAID EASTERLY UNE 448715'30.111 A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF
THE CENTERUNE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND CAP L5. 46417
FOUND IN PLACE, THENCE 6302051'W A DISTANCE OF 468.01 FEET TO THE SOUTHWEST COWER OF THAT
PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE;
THENCE 44280402219 ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN
RECEPTION NO. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAN RIGHT-OF-WAY N8512'35"E A
DISTANCE OF 458.09 FEET THENCE S0IT7'30"E A DISTANCE OF 361.96 FEET TO A POINT ON THE
SOUTHERLY UNE OF SAID RECEPTION NO. 486692; THENCE 448883230"E ALONG SAID SOUTHERLY UNE A
DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING CONTAINING 6.702 ACRES MORE OR LESS, HAVE
CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUEOPADED INTO LOTS
AND BLOCKS AS 04041/1 044 THIS 911481 PLAT UNDER THE NAME AND STYLE OF PIONEER PONT SUN/ORION,
A SUBDIVISION IN COUNTY OF GARFIELD. THE OW94ERS DO HEREBY DEDICATE TO AND SET APART THE
ACCESS EASEMENT AS SHOWN ON LOT 3 OF THE ACCOMPANYING PLAT TO THE USE OF LOT 2 FOREVER,
AND HEREBY DEDICATE TO THE PUBUC UTIUTES THOSE PORTIONS OF SAID REAL PROPERTY 91911011 AIRE
LABELED AS UTUTY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE
INSTAU_ATON AND MAINTENCE OF UTTLITES, IRRIGATION AND DRAINAGE FACIUTES INCLUDING, BUT NOT
LIMITED TO, ELECTRIC LINES, GAS UNES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM
INTERFERING TREES AND BRUSH, MTh PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND
MANTENANCE OF SUCH UNES, SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND
PRUDENT MANNER. ALL EXPENSES FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE
SELLER OR PURCHASER. NOT BY E COUNTY OF GARFIELD.
EXECUTED THIS .2Th DAY OF A.D. 2013.
0 E 80010 ,08. 1009101,6416
7378 COUNTY ROAD 100
CARBONDALE. CO 81823
STATE OF COLORADO )
)48
COUNTY OF GARFIELD )
THEORE G CERTFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE 1.10 THIS 1 N11. DAY
OF-441AVITE---, 2013, BY ROGER 8. ESHELMAN.
MY COMMISSION EXPIRES: /.61)4411.1
NTESS MY HAND AND SEAL
ORNER4AL,14 S..%/ILLALAN10.
CARBONDALE, CO 8162.3
STATE OF COLORADO
COUNTY OF GARFIELD
(54
THE321G CERTFCATOOOWERSHIP WAS ACKNOWLEDGED BEFORE ME 1I115 2411 DAY
O,44 2013, BY AMELIA S. ESHELMAN.
MY COMMISSION EXPIRES 9017
WITNESS MY HAND AND SEAL
. Oli i 'A
801 480 PUBLIC
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SURVEYOR'S CERTIFICATE
I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT 1 AM A PROFESSIONAL LAND SURVEYOR UCEN5E0
UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS FINAL PLAT IS A TRUE. CORRECT AND COMPLETE
PLAT OF PIONEER PONT SODIVISQ/L AS LND OUT, PLATTED, DEDICATED 1,440 5110844 HEREON, THAT SUCH
PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND
CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS CF PIONEER
POINT SUBDINSIOR AS 111E SAME ARE STAKED UPON THE GROUND IN COMPLIANCE NTH APPLICABLE
REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF I HONE SET MY HAM/ SEAL THIS DAY OF 2013,
BY:
FRANK W. HARRINGTON, L.S. #
HIGH COUNTRY ENGINEERNG,
1517 BLAKE AVENUE, SUITE 1
GLENWOOD SPRINGS, CO 8160
CLERK AND RECORDE CATE
4PLA: WAS RED FOR RECORSJILTHE 0640* E CLERK AND RECORDER OF GARFIELD COUNTY AT
OCLOCK r ON THE- 14,411.
PAGE fV F7 RECEPTION NO 0/
5. A.D. 2013, AND IS DULY RECORDED IN BOOK
0/4/NAR/EP.-. Zo A
_{.11A.td0 F.4e : ,o0
Recording Order Eshelman
1.
Plat
2. Eshelman Road Sharing Agreement for Lots 2 and 3 (No exhibits)
Needs plat recording date and reception number
3. Hogan Road Sharing Agreement for Lot 1 (Has an Ex. A) 1 �"
Needs plat recording date and reception number
Hogan Quitclaim Deed (Has an Ex. A)
Needs plat recording date and reception number
-r I'S 5 --i
5. Well Covenants (Has Ex. A)
Needs plat recording date and reception number
6. Covenants (No exhibits) S (`( S
Paragraph #1 needs plat recording date and reception number
Paragraph #3 needs Hogan Road Sharing Agreement Reception No. ( lot 1 access)
Paragraph #5 needs the Well Covenants reception number
Paragraph #7 needs the reception number for the Eshelman Road Sharing Agmt (lots 2
and 3 access)
ROAD USE, UTILITY AND MAINTENANCE AGREEMENT
This ROAD USE, UTILITY AND MAINTENANCE AGREEMENT (the "Agreement")
is made this L . : - -n-- day of /z;'zi,,, n, .,/,--2013, by Roger B. Eshelman and Amelia S. Eshelman
(collectively "Eshelman"), owner in fee of that real property described as Lots 2 and 3 of the
Pioneer Point Subdivision Plat recorded , 2013 as Reception No. in the records
of the Clerk and Recorder of Garfield Cour (the "Piat").
RECITALS
A. Eshelman subdivided the real property More particularly described on the Plat,
County of Garfield, State of Colorado (the "Property") into three tracts of land
known as Lots 1 through 3, Pioneer Point Subdivision, Garfield County, Colorado
(collectively the "Lots" or individually "Lot 1" or "Lot 2" etc.).
B. Eshelman owns Lot 1, Lot 2 and Lot 3.
C. By this Agreement, Eshelman desires to provide for the access to Lot 2 and Lot 3
via a shared roadway as shown on the Plat and impose on the Lot 2 and Lot 3, as
covenants running with the land, the obligation to maintain the shared roadway
described herein.
AGREEMENT
In consideration of the mutual promises and covenants contained -herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman
hereby grants and agrees as follows:
1. Shared Roadway. Eshelman hereby dedicates and ratifies to the Owner(s) of Lot
2 and Lot 3 a perpetual, non-exclusive easement having been created and established upon, over
and across the thirty (30) feet in width Access & Utility Easement from County Road 100 to Lots
2 and 3 as depicted on the Plat (the "Shared Roadway") for the use benefit and enjoyment of the
Owners of Lots 2 and 3, their successors, assigns, agents, employees, tenants, guests and
invitees, for private access roadway and utility purposes and subject to public easement for
ingress and egress by emergency service providers. The rights granted herein shall include the
right to maintain said Shared Roadway as provided herein, and to transport on and over the
Shared Roadway vehicles, rnaterials, equipment, and other property as reasonably related to the
exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in
this Agreement, shall be paid for equally by the Owners of Lot 2 and Lot 3. Al! costs of snow
removal sufficient to allow access via four wheel drive vehicles over and across the Shared Road
by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons,
shall be equally paid by the Owners of Lot 2 and Lot 3. The parties shall plow the Shared Road
when snow exceeds six inches in accumulation. Use of the Shared Road shall be restricted to
access to and from Lot 2 and Lot 3. The Shared Road may not be used for the parking or storage
of vehicles or equipment. No gate or other obstruction shall be constructed on the Shared Road
without unanimous approval of the.: Owners of Lot 2 and Lot 3 and the applicable fire protection
district.
2. Enfbrcement. The Owners of Lot 2 and Lot 3 agree to cooperate in the future
maintenance, operation, repair, replacement and/or improvement of the Shared Road. In the
event the Owners are unable to agree on any required maintenance, repair, replacement or
improvement, any Owner shall be entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the Shared Road,
specifically excluding paving. Paving must be unanimously approved by the Owners of Lot 2
and Lot 3. In the event an Owner determines to undertake such minimal work unilaterally, such
Owner shall notify the other Owner in writing. The Owner undertaking the minimal work shall,
upon completion, provide the other Owner with a written statement of work performed and the
other Owner's proportionate share of the cost of same.
3. Payment of Expenses. All expenses to be paid by a Lot Owner hereunder shall be
paid within thirty (30) days after such Owner receives notice of such expense. If an Owner fails
to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue
interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end
of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any
amount due hereunder within sixty (60) days after the date due, another Owner who has paid
such expense may exercise such legal or equitable remedies as are available to collect such
unpaid amounts, including interest, in which event the prevailing party shall be entitled to
recover reasonable attorney's fees and costs incurred.
4. Covenants Run With Land. The agreements, covenants, restrictions, conditions,
easements, and oblig,-"'.,tions herein contained shall be covenants that run with the land and shall
be binding on all persons having or acquiring any right, title, or interest in the above-described
Lots.
5. Amendment and Termination. The covenants and agreements herein contained
shall continue in full force and effect until amended or terminated by written instrument executed
by the Owner(s) of the Lot 2 and Lot 3.
6. Notices. Notice as hereinabove required shall be deemed delivered upon being
placed in the United States Mail, postage prepaid, and bearing the address of the Owner or
Owners as shown in the records of the office of the Assessor of iia field County, Colorado.
7. Multiple Owners/Successors. Any reference in this Agreement to a Lot Owner
shall be deemed to include all Owners of such Lot, collectively, and shall also refer to all
successors of such Owner or Owners.
8. Indemnities. Each of the parties hereto as Owner of the Lots described herein,
and their respective heirs, successors and assigns (the "Indemnifying Owner") agrees to protect,
indemnify and hold _harmless the other party or Lot Owner, and their respective successors and
assigns (the "Indemnified Owner"), from and against any loss, damage, claire or defense, against
any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or nature,
including, without limitation, reasonable attorneys' fees and costs, arising directly Or indirectly
out of any claire of third parties asserted against the Indemnified Owner: (i) attributable to any
conduct of the indemnifying Owner; (ii) relating to the use or the respective Shared Road by the
Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for
claims due to personal injuries or property carnage caused by the Indemnifying Owner and its
invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the
Indemnifying Owner.
9. Governing Law. The validity and effect of this Agreement shall be determined in
accordance with the laws of the State of Colorado.
10. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the property subject to or benefiting from it to or for the
general public or for any public purpose whatsoever, including, but not limited to, dedication as a
public street.
11. Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, it shall not affect or impair the validity, legality or enforceability of any other
provision of this Agreement, and there shall be substituted for the affected provision a valid and
enforceable provision as similar as possible to the affected provision.
SIGNED this 6- /f/ day of; y`/r-4401 .
STATE OF COLORADO )
COUNTY OF GARFIELD 1
ss.
Roger B. Eshelman
Amelia S. Eshelman
The foregoing instillment was acknowledged before me this day of
, 2013, by Roger E. Eshelman and Amelian S. Eshelman.
Witness my hand and official seal.
My commission expires:
JODY J. BAEHR
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20014022586
My Commission Expires July 29, 2017
Notary Vubli9
ROAD USE, UTILITY AND MAINTENANCE AGREEMENT
This ROAD USE, UTILITY AND MAINTENANCE AGREEMENT (the "Agreement")
is made this / Ti/ day of ,YONr , 2013, by Roger B. Eshelman and Amelia S. Eshelman
(collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado
81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale,
Colorado 81623.
RECITALS
A. Eshelman is the owner of that real property described as Lot 1 of the Pioneer
Point Subdivision Plat recorded; , 2013 as Reception N- in the
records of the Clerk and Recorder of Garfield County ("Lot 1 ").
B. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County
Assessor's records also known as 7330 County Road 100, Carbondale, Colorado
81623 ("Hogan Parcel").
C. The parties previously executed a Road Sharing Agreement dated September 4,
2008, and the parties wish to amend and restate said Road Sharing Agreement in
its entirety.
D. Simultaneously herewith, Hogan is quitclaiming an easement to Eshelman for
ingress and egress to Lot 1.
E. By this Agreement, Hogan desires to provide for the access to Lot 1 via a shared
roadway as shown on the attached Exhibit A incorporated herein by this reference
and impose on Lot 1 and the Hogan Parcel, as covenants running with the land,
the obligations to maintain the shared roadway as described herein.
AGREEMENT
In consideration of the mutual promises and covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Eshelman and Hogan hereby grant and agree as follows:
1. Easements. Hogan hereby dedicates and ratifies to the Owner(s) of Lot 1 a
perpetual, non-exclusive easements as follows:
(a) An easement for access and utility purposes upon, over and across the thirty (30)
feet in width Access - Utility Easement from County Road 100 to Lots 1 as depicted on Exhibit
A (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lot 1 and the
Hogan Parcel, their successors, assigns, agents, employees, tenants, guests and invitees, for
private access roadway and utility purposes, and subject to public easement for ingress and
egress by emergency service providers. The rights granted herein shall include the right to
maintain said Shared Roadway as provided herein, and to transport on and over the Shared
Roadway vehicles, materials, equipment, and other property as reasonably related to the
Page 1 of 5
exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in
this Agreement, shall be paid for equally by the Owners of Lot 1 and the Hogan Parcel for that
portion of the Shared Roadway mutually utilized for access to said Owner's property. Use of the
Shared Road shall be restricted to access to and from Lot 1 and the Hogan Parcel. The Shared
Road may not be used for the parking or storage of vehicles or equipment. Either Owner of Lot
1 or the Hogan Parcel may install a gate at the intersection of the Shared Roadway and County
Road 100 upon approval by the applicable fire protection district. If both parties desire such a
gate, the parties shall equally pay for all costs of installation and maintenance of same. If only
one party desires such a gate, the requesting party shall pay all costs associated with the gate and
provide a key to the other Owner to guarantee access in accordance with this Agreement. No
additional gate or other obstruction shall be constructed on the Shared Road without unanimous
approval of the Owners of Lot 1 and the Hogan Parcel. No switchback shall be installed on the
Hogan Parcel. Vegetation exceeding eighteen inches in height on both sides of the intersection
of the Shared Road and County Road 100 will be trimmed and maintained to the existing County
Road right-of-way fencing to provide better sight distance for vehicles entering and exiting
County Road 100.
All expenses, maintenance, snow removal and construction fees associated with the
Shared Roadway south of the existing driveway to the Hogan Parcel shall be the sole
responsibility of the Owner of Lot 1. Nothing in this Agreement shall be construed to obligate
any party to pay any costs associated with non -shared structures.
(b) An easement for the construction, improvement, maintenance, repair and
replacement of the Shared Road south of the Hogan Parcel's existing driveway and adjacent to
the Shared Road and under the surface of the Hogan Parcel in the location depicted on Exhibit
"A" attached hereto (the "Construction Easement") for the use benefit and enjoyment of the
Owners of Lot 1, their successors, assigns, agents, employees, tenants, guests and invitees. The
Construction Easement includes up to twenty-five (25) feet below the existing grade of the
Hogan Parcel Property within the Construction Easement.
In connection with the Owner of Lot 1's use of the Construction Easement, the Owner of
Lot 1 shall have the right to temporarily disturb the real property located in the Construction
Easement; provided, however that any damage or disturbance to the Construction Easement
caused by the Owner of Lot 1 shall be promptly repaired and restored by the Owner of Lot 1, at
no cost to the Owner of the Hogan Parcel, to the fullest extent reasonably possible to its pre-
existing condition upon completion of the construction, improvement, maintenance, repair,
replacement, and if deemed necessary by the Owner of Lot 1, the removal of the Shared
Roadway south of the existing driveway to the Hogan Parcel.
The Owner of Lot 1 shall use its best efforts to save the existing pinon tree located at the
entrance to the existing driveway to the Hogan Parcel.
2. Sand. The Owner of Lot 1 shall pay for, install, and maintain a stockpile of sand
at the top and bottom of the section of the Shared Road that is over 12% grade.
3. Snowplowing. The parties shall plow the Shared Road when snow exceeds six
inches in accumulation. All costs of snow removal sufficient to allow access via four wheel
Page 2 of 5
drive vehicles over and across the Shared Road by police, sheriff, fire protection, ambulance and
other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 1 and
the Hogan Parcel.
4. Enforcement. The Owners of Lot 1 and the Hogan Parcel agree to cooperate in
the future maintenance, operation, repair, replacement and/or improvement of the Shared Road.
In the event the Owners are unable to agree on any required maintenance, repair, replacement or
improvement, any Owner shall be entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the Shared Road,
specifically including paving. In the event an Owner determines to undertake such minimal
work unilaterally, such Owner shall notify the other Owner in writing. The Owner undertaking
the minimal work shall, upon completion, provide the other Owner with a written statement of
work performed and the other Owner's proportionate share of the cost of same. Notwithstanding
the foregoing, either party may unilaterally install and pay for paving the Shared Roadway at
said parties sole cost.
5. Payment of Expenses. All expenses to be paid by the Owner of Lot 1 or the
Hogan Parcel hereunder shall be paid within thirty (30) days after such Owner receives notice of
such expense. If an Owner fails to pay such Owner's share of an expense as herein provided,
such unpaid amount shall accrue interest at the rate of one percent (1 %) per month, compounded
monthly, commencing at the end of the thirty (30) day period when such payment is due. If the
non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date
due, another Owner who has paid such expense may exercise such legal or equitable remedies as
are available to collect such unpaid amounts, including interest, in which event the prevailing
party shall be entitled to recover reasonable attorney's fees and costs incurred.
6. Covenants Run With Land. The agreements, covenants, restrictions, conditions,
easements, and obligations herein contained shall be covenants that run with the land and shall
be binding on all persons having or acquiring any right, title, or interest in the above-described
Lot 1 and the Hogan Parcel.
7. Amendment. No amendment, alteration, modification of or addition to this
Agreement shall be valid or binding unless expressed in writing, signed by the parties bound
thereby.
8. Notices. Notice as hereinabove required shall be deemed delivered upon being
placed in the United States Mail, postage prepaid, and bearing the address of the Owner or
Owners as shown in the records of the office of the Assessor of Garfield County, Colorado.
9. Multiple Owners/Successors. Any reference in this Agreement to an Owner of
Lot 1 or the Hogan Parcel shall be deemed to include all Owners of such real property,
collectively, and shall also refer to all successors of such Owner or Owners.
10. Indemnities. Each of the parties hereto as Owner of Lot 1 and the Hogan Parcel
described herein, and their respective heirs, successors and assigns (the "Indemnifying Owner")
agrees to protect, indemnify and hold harmless the other party, and their respective successors
and assigns (the "Indemnified Owner"), from and against any loss, damage, claim or defense,
against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or
Page 3 of 5
nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or
indirectly out of any claim of third parties asserted against the Indemnified Owner: (i)
attributable to any conduct of the Indemnifying Owner; (ii) relating to the use of the respective
Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not
authorized; (iii) for claims due to personal injuries or property damage caused by the
Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by
conduct or acts of the Indemnifying Owner.
11. Governing Law. The validity and effect of this Agreement shall be determined in
accordance with the laws of the State of Colorado.
12. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the property subject to or benefiting from it to or for the
general public or for any public purpose whatsoever, including, but not limited to, dedication as a
public street.
13. Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, it shall not affect or impair the validity, legality or enforceability of any other
provision of this Agreement, and there shall be substituted for the affected provision a valid and
enforceable provision as similar as possible to the affected provision.
SIGNED this Ivy day of (-rod, 2013.
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Ann V. Hogan
Athelia S. Eshelman
The foregoing instrument was acknowledged before me this 1 cl day of
JJ4 , 2013, by Ann V. Hogan.
Witness my hand and official seal.
My commission expires: di Lust 31,2044
e' `` vv44
#. �r1. ...c,
,: o
t ALICIA
CRANDELL f-.
C
Notary Public
Page 4 of 5
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this 1'' day of
JU Q , 2013, by Roger B. Eshelman
Witness my hand and official seal.
My ,:,,,, expires: 1Z 2.2•Zdty
0.1101•
it GARCIA 10
OF CC'
STATE: OF COLORADO.
COUNTY OF rGARFIELD
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS 19TH DAY OF
JUNE; 2013 BY AMELIAN S. ESHELMAN.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES AUGUST 31, 2014
�
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AL!ClA t.
S : CRANDELL f:'
Y
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Page 5 of 5
0 ARY PUBLIC
EXHIBIT A
ACCESS, UTILITY AND CONSTRUCTION EASEMENT
NE 1 /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M.
COUNTY OF GARFEILD, STATE OF COLORADO
S50'33'58"w
1.5.64'
6 = 88'45'10"
R = 40.00'
L = 61,96'
CB= S89'24'02"W
C = 55.95'
1/
N46'13'23'W
14.16'
CURVE TABLE
CURVE
RADIUS
DELLA
LENGTH
TANGENT
CHORD BEARING
CHORD
C1
200.00'
04'42'31"
16.44'
8.22'
N 43'31'31" W
16.43'
C2
200.00'
08'21'00"
_
29.15'
14.60''
N 41'42'16' W
29.12'
C3
170.00'
04'42'31"
1397'
6.99'
N 43'31'31"'w
13:97'
C4
.230.00'
.0821'00"
33.52'
16.79'
N 91'42'16" W
33'49'
C5
230.00'
04'42'31"
18.90'
9.46'
N 4311'31" W
18.90'
C6
170.00'
08'29'00'
24 78'
12.41'
N 41'42'16" W
24.75'
= 08'41'37"
R = 200.00'
L = 30.35'
C8= N41'52'34"W
C = 30.32'
05'32'31N.J I
R = 200.00'
L = 19.35' s`T- 1
¢ 1
CB= S4T47'43"W s/. 1 W 1
C=1934' A :' • 1a i
s\� mos 1 Z !
.�Z1
v• y
V. ,.
�sO
4 s. \ `'S'' ti \
I. Y/
o cv, w\
\
6" S p \
1 30' ACCESS ss' 6`
IA q & UTILITY
EASEMENT 5Q0� c
Lr
POINT OF TERMINUS
(NE CORNER SECTION 18
BEARS: N53'09'51 "E 2646.98')
HOGAN PARCEL
BOOK 1528 PAGE 609
30' CONSTRUCTION
EASEMENT 'A'
POINT OF
BEGINNING
pp, \ CONSTRUCTION
EASEMENT
\'r6, \ (NE CORNER
S) \ SECTION 18
BEARS: N44'16'20"E
2539.96')
30' CONSTRUCTION
0
EASEMENT 'B'
0
S ..>
CS.
\ ms's, ssl. \
\
\ ,. A. sa. /S,
\
/. \
PROPERTY LINE
118512'35"E 230.51'
ESHELMAN
PARCEL
BOOK 1528 PAGE 609
N 41' 10' 15"W
11.55'
POINT OF BEGINNING
CONSTRUCTION EASEMENT POINT OF BEGINNING'\
(NE CORNER SECTION 18 ACCESS &
BEARS:N45'20'59"E 2596.71') UTILITY EASEMENT
(NE CORNER SECTION 18
BEARS: N44'49'01 "E 2568.23')
•
HIGH COUNTRY ENGINEERING, INC.
I 5 I 7 BLAKE AVENUE, STE 901
GLENWOOD SPRINGS, CO 81801
PHONE (970) 9458878 FAX(970) 9452555
W W W.HCENG.COM
ROGER ESHELMAN
GARFIELD COUNTY. CO
EXHIBIT A
SHARED ROADWAY
DRAWN 8Y:
RPK
SCALE:
1" 50'
CHECKED BY:
FWH
PROJECT NO:
206 1 070.DWG
DATE: PAGE:
6.12.13
1 OF 2
PILE JJ'S06KPROJ/206/1070/CW /OWESMT:DWG
30 FOOT ACCESS AND UTILITY EASEMENT
A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2VE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN TERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SATO SECTION 18, A 2-1/4" BRASS CAP IN PLACE; THENCE
544'49'01"W A D:STANCE OF 2568.23 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE POINI OF
BEGINNING. THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N4110'15" W A
DISTANCE OF 33.65 FFFT; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 16.44 FEET (CHORD
BEARS:N43'31'31"W A DISTANCE OF 16.43 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45 -52'46"W A
DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'21'00", A DISTANCE OF 29.55 FEET (CHORD
BEARS:N41'42'16"W A DISTANCE OF 29-12 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A
DISTANCE OF 141 68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
RAVING A RADIUS OF 200.00 FEET .AND A CENTRAL ANGLE OF 08'41'37, A DISTANCE OF 30.35 FEET (CHORD
BEARS:N41'52'34"W A DISTANCE OF 30.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N4613'23"W A
DISTANCE OF 14.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88'45'10", A DISTANCE OF 61.96 FEET (CHORD
BEARS:S89'24'02"W A DISTANCE OF 55.95 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05'32'31", A DISTANCE OF
19.35 FEET (CHORD BEARS: S47'47'43"W A DISTANCE OF 19 34 FEET): THENCE CONTINUING ALONG SAID CENTERLINE
S50'33'58"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 100, T, Ham,
POINT OF TERMINUS. (WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N5109'51"E A DISTANCE OF
2646.98 FEET); SAID STRIP OF LAND CONTAINING 13,227 SQUARE FEET OR 0.304 ACRES, MORE OR LESS.
30 FOOT CONSTRUCTION EASEMENT 'A'
A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2NEI/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2--1/4" BRASS CAP IN PLACE; THENCE
54416'20"W A DISTANCE OF 2539.96 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE TIIE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N4110'15"W A
DISTANCE OF 55.75 FEET; THENCE CONTINUING Al ONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
hAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 18.90 FEET (CHORD
BEARS:N4331'31"W A DISTANCE OF 18.90 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A
DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE 10 THE RIGHT
HAVING A RADIUS OF 170.00 FEET AND A CFNTRAI ANGLE OF 08'21'00", A DISTANCE OF 24.78 FEET (CHORD
BEARS:N41'42'16"W A DISTANCE OF 24.75 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A
DISTANCE OF 35,55 FEET TO THE POINT OF TERMINUS. (WHENCE THE NORTHEAST CORNER OF SAID SECTION 18
BEARS N49 -05'05"E A DISTANCE OF 2537.14 FEET); SAID STRIP OF I AND CONTAINING 6,405 SOl1ARF FFFT OR 0.147
ACRES, MORE OR LESS.
30 FOOT CONSTRUCTION EASEMENT 'B'
A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF IHE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTFRLINF:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2-1/4" BRASS CAP IN PLACE; THENCE
S45'20'59"141 A DISTANCE OF 2596.71 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIFLD COUNTY CLFRK AND RECORDER'S OFFICE THE POINT OF
BEGINNING- TIIENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N4110'15"W A
DISTANCE OF 11.55 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 170,00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISIANCL OF 13.9/ FEE
(CHORD BEARS:N43'31'31"W A DISTANCE OF 13.97 FEET); THENCE CONTINUING ALONG SAID
CENTERLINE N45'52'46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 230,00 FEET AND A CENTRAL
ANGLE OF 08'21'00", A DISTANCE OF 33.52 FEET (CHORD BEARS:N41'42'16"W A DISIANCL 01-
3149
F3149 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A DISTANCE OF
35.55 FEET TO 1HE POINT OF TERMINUS. (WHENCE THE NORTHEAST CORNER OF SAID
SECTION 18 REARS N49 -09'47"E A DISTANCE OF 2597 04 FEET); SAID STRIP OF
LAND CONTAINING 5,193 SQUARE FEET OR 0.119 ACRES, MORE OR LESS.
,GOHIGH COUNTRY ENGINEERING, INC.
{�1EI-
1517 BLAKE AVENUE, STE 101
GLEN WOOD SPRINGS, CO 8160 I
PHONE (970) 9458676 FAX (97019452555
W W W.NCENG.COM
ROGER ESHELMAN
GARFIELD COUNTY, CO
EXHIBITA
SHARED ROADWAY
DRAWN 8Y:
RPI(
SCALE
N/A:
CHECKED87:
FWH
DATE:
6-12.13
PROJECT NO'
2061070.DWG
PAGE
20F2
FILE J:/SD wRw%206,1070/Cim DW.ESMTDWa
QUITCLAIM DEED
Ann V. Hogan, Grantor, for the consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, hereby sells and quitclaims to Roger B. Eshelman and Amelia S.
Eshelman, Grantees, whose address is 7378 County Road 100, Carbondale, Colorado 81623, all
of Grantor's right, title and interest in and to the following real property in the County of Garfield,
State of Colorado, to -wit:
A non-exclusive easement for ingress and egress and utility purposes to Lot 1 of the
Pioneer Point Subdivision Plat recorded , 2013 as Reception No.
in the records of the Clerk and Recorder of Garfield County as more particularly
described on the attached Exhibit "A" incorporated herein by this reference, subject
to the rights and restrictions under the Road Use, Utility and Maintenance
Agreement between the parties recorded simultaneously herewith
together with all its appurtenances.
Signed this lel day ofY1 t_• , 2013.
STATE OF COLORADO
) ss:
COUNTY OF GARFIELD )
The foregoing quit claim deed was acknowledged before me this 1 el day of)l.l , 2013, by
Ann V. Hogan.
Ann V. Hogan
WITNESS my hand and official seal.
My commission expires: IC,.tc, uJ 1 1. 2_014
'4Notary Public
ALICIA
C1ANDELL
7.2ff
After recording retum to: Roger Eshelman, 7378 County Road 100,
Carbondale, Colorado 81623.
EXHIBITA
INGRESS, EGRESS, AND UTILITY EASEMENT
NE 1 /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M.
COUNTY OF GARFEILD, STATE OF COLORADO
550'33'58"W
15.64'
= 88'45'10"
R = 40.00'
L = 61.96'
CB= S89'24'02"W
C = 55.95'
= 05'32'31"
R = 200.00'
L = 19.35'
CB= 547'47'43"W
C = 19.34'
POINT OF TERMINUS
(NE CORNER SECTION 18
BEARS: N53'09'S1"E 2646.98')
0
730
a
30' ACCESS
& UTILITY
EASEMENT
N46'13'23"W
14.16'
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
TANGENT
CHORD BEARING
CHORD
C1
200.00'
04'42'31"
16.44'
8.22'
N 43'31'31" W
16.43'
C2
200.00'
08'21'00"
29.15'
14.60'
N 41'42'16" W
29.12'
= 08'41'37"
R = 200.00'
L = 30.35'
CB= N41'52'34"W
C = 30.32'
70:
HOGAN PARCEL
BOOK 1528 PAGE 609
PROPERTY LINE
N85'12'35"E 230.51'
ESHELMAN
PARCEL
BOOK 1528 PAGE 609
POINT OF BEGINNING
ACCESS &
UTILITY EASEMENT
(NE CORNER SECTION 18
BEARS: N44'49'01 "E 2568.23')
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101
GLENWOOD SPRINGS, CO 81601
PHONE (970) 945-8676 FAX (970) 945.2555
W W W.HCENG.COM
ROGER ESHELMAN
GARFIELD COUNTY, CO
EXHIBIT A
NGRESS, EGRESS & UTILITY
EASEMENT
DRAWN BY:
RPK
SCALE:
1"=50'
CHECKED BY:
FWH
PROJECT NO:
2061070.DWG
DATE:
6/14/13
PAGE:
1 OF 2
FILE: J:/sosKFROJ/206/ 1070/DwG/DW-ESMr-QUTCLAIM.DWG
EXHIBIT A
INGRESS, EGRESS, AND UTILITY EASEMENT
NE 1 /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M.
COUNTY OF GARFEILD, STATE OF COLORADO
30 FOOT ACCESS AND UTILITY EASEMENT
A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2-1/4" BRASS CAP IN PLACE; THENCE
S44'49'01"W A DISTANCE OF 2568.23 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY
DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE POINT OF
BEGINNING. THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N4110'15" W A
DISTANCE OF 33.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 16.44 FEET (CHORD
BEARS:N43'31'31"W A DISTANCE OF 16.43 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A
DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'21'00", A DISTANCE OF 29.55 FEET (CHORD
BEARS:N41'42'16"W A DISTANCE OF 29.12 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A
DISTANCE OF 141.68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'41'37, A DISTANCE OF 30.35 FEET (CHORD
BEARS:N41'52'34"W A DISTANCE OF 30.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N4613'23"W A
DISTANCE OF 14.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88'45'10", A DISTANCE OF 61.96 FEET (CHORD
BEARS: 589'24'02"W A DISTANCE OF 55.95 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05'32'31", A DISTANCE OF
19.35 FEET (CHORD BEARS: 547'47'43"W A DISTANCE OF 19.34 FEET): THENCE CONTINUING ALONG SAID CENTERLINE
S50'33'58"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 100, THE
POINT OF TERMINUS. (WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N53'09'51"E A DISTANCE OF
2646.98 FEET); SAID STRIP OF LAND CONTAINING 13,227 SQUARE FEET OR 0.304 ACRES, MORE OR LESS.
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101
GLENWOOD SPRINGS, CO 81601
PHONE (970) 945-8676 FAX (970) 945-2555
W W W.HCENG.COM
ROGER ESHELMAN
GARFIELD COUNTY, CO
EXHIBIT A
INGRESS, EGRESS & UTILITY
EASEMENT
DRAWN 9Y:
RPK
SCALE:
N/A
CHECKED BY:
FWH
PROJECT NO:
2061 070.DWG
DATE: PAGE:
8-2412 2 OF 2
FILE:
J:/sosKpROJ/206/ 1070/DWG/DW-ESMTQUITCLAIM.DWG
COMMON WELL COVENANTS
PIONEER POINT SUBDIVISION
GARFIELD COUNTY, COLORADO
Roger B. Eshelman and Amelia S. Eshelman, being the owners of Lot 1, Lot 2 and Lot
3 (collectively "the Lots") as described on the Pioneer Point Subdivision Plat (the "Plat")
recorded August , 2013 as Reception No. in the records of the Clerk and Recorder
of Garfield County, Colorado, do hereby declare and establish that said real property shall be held,
owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following
covenants, restrictions, conditions, easements, and obligations (the "Covenants") which shall run
with the land and shall be binding on all persons having or acquiring any right, title, or interest in
said real property, to -wit:
1. Water System Description. The common water system which is the subject of
these Covenants shall consist of the following (hereinafter collectively referred to as the "common
water system"):
(a) That certain water well (hereinafter "the well") located on Lot 3, which well was
drilled and constructed pursuant to Permit No. 54836-F issued by the Colorado
Division of Water Resources; District Court, Water Division No. 5, Colorado
99CW198; the Basalt Water Conservancy District Water Allotment Contract 347
dated September 13, 1999; and the Carbondale Land Development Corporation
Water Lease and Agreement dated March 15, 2001 (costs associated with said
contract and lease shall be collectively referred to herein as the "Fees"), together
with all of the rights and subject to all of the obligations under such perrnit and
contracts; and
(b) The water and water rights appurtenant to the well; and
(c) The pump, pressure tank, well head, water supply line and related equipment
necessary to produce water from the well for use on the Lots.
2. Water System Ownership. The common water system shall be owned in equal
undivided interests by the owners of the Lots. The owner of each Lot shall also own a
proportionate interest in and to so much of the water supply line, if any, used in common by such
owner and the owner(s) of one or both other Lots. Costs and maintenance fees for the water line
shall be the responsibility of the owner(s) of the Lots using such common water supply line for
service to their Lot(s). No owner of a Lot shall pay for costs and maintenance fees for any portion
of the common water supply line that is not utilized by said owner's Lot. Each Lot in the Pioneer
Point Subdivision shall be limited to 1,500 square feet of irrigated lawn.
Page 1 of 5
3. Easements. The owner of each Lot shall have and be subject to an easement for
the purpose of maintaining and replacing the common water system, which easement is depicted as
the utility easement on the Plat and described on Exhibit "A" attached hereto and incorporated
herein by this reference. The owner of each Lot shall also have an easement for access to the
underground valve tee and curb stop valve on the water line serving each other Lot, if applicable,
which easement shall extend a distance of ten (10) feet in all directions from the center of each
such valve.
4. Water System Installation, Maintenance, Repair and Replacement. At this time,
the common water system has been installed, but Lot 1 is not presently using the water. At such
time that the owner of Lot 1 desires to use water out of the common water system, said Lot 1 owner
shall reimburse Roger Eshelman and Amelia S. Eshelman $10,000 for Lot l's portion of the initial
costs of installing the common water system. In no event shall a Lot owner receive any water
from the common water system until such owner's share of such installation cost is fully paid.
The owner of Lot 1 shall bear the expense of extending a water supply line from the terminus of the
common supply line(s) as displayed on the Plat to the point or points of use on such owner's Lot.
The owners) of each Lot connected to the common water system shall equally share the cost of
maintenance, repair or replacement of the common water system and the portion of the common
water supply line utilized by said Lot. The owner of each Lot shall bear the cost of and be solely
responsible for the installation, maintenance, repair and replacement of pipelines and other
equipment not used in common by the Lot owners, but which are solely used to provide water
service to such owner's Lot.
The Lot owners agree to cooperate in the future maintenance, operation, repair,
replacement or improvement of the common water system and common water supply line(s). In
the event the owners are unable to agree on any required maintenance, repair, replacement or
improvement, any owner shall be entitled to undertake the minimal maintenance, repair,
replacement or improvement necessary and essential for proper functioning of the common
facilities. In the event an owner determines to undertake such work unilaterally, such owner shall
notify the other owners in writing. The owner undertaking the work shall, upon completion,
provide the other owners with a written statement of work performed and the other owners'
proportionate share of the cost of same. In the event an owner fails to pay the proportionate share
of any amount due within thirty (30) days after presentment, the owner which has paid such cost
and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The
court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred.
5. Fees and Operational Costs. All Lot owners shall equally pay the Fees and any
charges associated with the installation of an electric meter on or near the wellhead whether or not
a Lot is actually receiving water from the common water system. The monthly cost of operating
the common water system, including charges for electricity use (based upon hour meter results for
pump operation) and insurance, if any, shall be paid as follows: until such time that Lot 1
commences receiving water from the common water system, the operating costs shall be
apportioned in equal shares between Lot 2 and Lot 3. At such time that Lot 1 begins receiving
water from the common water system, said costs shall be equally split between Lot 1, Lot 2 and
Lot 3. Volumetric water flow meters shall be installed on each water supply line serving the Lots.
Page 2 of 5
No owner of a Lot is deemed to have any ownership right in and to any pipe, pipeline or
other structure used or required solely by the owner of another of the Lots which may utilize any
portion of the water flowing from the common water system and its structures. These Covenants
do not intend to relate to such individually owned or used rights or structures. Nothing in these
Covenants shall be construed to give any party any rights to such non -shared property of other
parties nor to obligate any party to pay any costs associated with non -shared structures.
6. Insurance. If deemed necessary, the Pioneer Point Homeowners Association, an
unincorporated non-profit association as referenced in the covenants for Pioneer Point Subdivision
recorded concurrently herewith (the "Homeowners Association") shall have the authority to obtain
insurance for all insurable components of the common water system against loss or damage by fire
or other hazards, including extended coverage, vandalism, and malicious mischief. The
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 Homeowners
Association may also obtain an adequate public liability policy insuring the Association and its
individual members for all damage or injury caused by the negligence of the Association, any of its
members or other agents of the Association.
7. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be
paid within thirty (30) days after such owner receives notice of such expense. If an owner fails to
pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest
at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the
thirty (30) day period when such payment is due. If the non-paying owner fails to pay any amount
due hereunder within sixty (60) days after the date due, another owner who has paid such expense
may exercise such legal or equitable remedies as are available to collect such unpaid amounts,
including interest, in which event the prevailing party shall be entitled to recover reasonable
attorney's fees and costs incurred.
8. Disconnection from Water Supply. In the event any Lot owner obtains an
alternate legal water supply and desires to discontinue the use of water from the common water
system, such owner may disconnect from said water system, and, upon disconnecting and giving
written notice of such disconnection to the owners of the other Lots, shall be relieved of any further
obligation to pay the cost of maintenance of the common water system, provided however, that
said Lot owner shall remain liable to pay its portion of the Fees, and provided further, that such
disconnecting owner shall remain fully liable for such owner's share of any common expenses
incurred prior to such disconnection. Such disconnecting owner shall not thereafter be allowed to
reconnect to the common water system without having first obtained the written consent of the
owners of the other Lots then connected to and entitled to receive water from said water system.
In the event of disconnection of any Lot from the common water system as provided_ in this
section, the maintenance and operating expenses thereafter incurred in connection with said water
system shall be solely borne by the owners of the remaining Lots connected to said system.
9. Water Distribution. The owner of each Lot shall install such flow restrictors,
water storage tanks and other facilities in the water supply line or system serving such Lot as may
be necessary to insure reasonably comparable vvatcr pressure and supply to each Lot and to
otherwise effectuate the purposes and intent of these Covenants. In the event the water produced
from the well becomes inadequate to supply all of the demands for water therefrom, the Lot
Page 3 of 5
owners utilizing such water shall proportionately reduce their consumption therefrom until each
Lot owner is consuming a substantially equal amount of the water which can adequately be
produced from the well. The Lot owners may elect to drill a new well or take such other remedial
action as is necessary to improve the production of water from the common water system and the
cost thereof shall be borne equally by the Lot owners, subject always to the disconnection rights as
provided in these Covenants.
10. Water Use Restriction. Water from the common water system shall be used to
serve no more than one single family residence per Lot and shall be subject to such other
restrictions as provided in Section 1 above and applicable rules and regulations of same. Lot 1
shall draw water from the common water system into their storage tank only after 12 a.m. MST
and before 6:00 a.m. MST. Any use of water from the common water system except as herein
expressly provided is prohibited.
11. Lot 3 Building Allowance. Lot 3 shall be able to build a garage within the well
easement located on Lot 3 so long as the well remains operative, serviceable and usable by the Lot
owners.
12. Enforcement. The Covenants herein contained may be enforced by the Pioneer
Point Homeowners Association, an unincorporated non-profit association as referenced in the
covenants for Pioneer Point Subdivision recorded concurrently herewith or by the owner any Lot,
by any proceeding at law or in equity. Failure to enforce any covenant shall not be deemed a
waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these
Covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred.
13. Severability. Each of the covenants herein contained shall be deemed independent
and separate and the invalidation of any one shall not affect the validity and continuing effect of
any other.
14. Amendment and Termination. The Covenants and agreements herein
contained shall continue in full force and effect for a period of twenty (20) years and from
year to year thereafter until amended or terminated by written instrument executed by the
owners of all of the Lots which have not then disconnected from the common water system
as hereinabove provided.
15. Notices. Notice as hereinabove required shall be deemed delivered upon
being placed in the United States Mail, postage prepaid, and bearing the address of the
owner or owners as shown in the records of the office of the Assessor of Garfield County,
Colorado.
Page 4 of 5
16. Multiple Owners/Successors. Any reference in these Covenants to a Lot
owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to
all successors of such owner or owners. This Covenants shall be binding upon and inure to
the benefit of the parties, their heirs, devisees, executors, administrators, assignees,
transferees, and successors in interest, and the easements and covenants granted or agreed to
herein shall be deemed to run with the land and shall encumber the land of each party for the
benefit of the properties of the parties as described herein. Upon execution by the parties,
these Covenants shall be recorded in the records of the Garfield County Clerk and Recorder's
Office.
SIGNED this '`"day of August, 2013.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
o� =r B. Eshelman!/
Amelia S. Eshelman
The foregoing instrument was acknowledged before me this f/Sh day of August,
2013, by Roger B. Eshelman and Amelian S. Eshelman.
Witness my hand and official seal.
Page 5 of 5
N6tary Public
My commission expires: j. /Q./5
WATERLINE EASEMENT DESCRIPTION
WITHIN PIONEER POINT SUBDIVISION
A STRIP OF LAND SITUATED IN THE W1/2NE1/4 SECTION 18, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID STRIP OF LAND LYING 10.00 FEET SOUTHWESTERLY
OF AND 5 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2-1/4" BRASS
CAP IN PLACE; THENCE S28°50'00"W A DISTANCE OF 2,570.75 FEET TO THE POINT
OF BEGINNING; THENCE N39°57'08"W ALONG SAID CENTERLINE FOR THE USE
AND BENEFIT OF LOT 1, 2 AND 3 OF PIONEER POINT SUBDIVISION A DISTANCE OF
42.70 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N42°36'05"W A
DISTANCE OF 19.38 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
N48°29'14"W A DISTANCE OF 34.58 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N76°33'04"W A DISTANCE OF 12.06 FEET TO THE POINT OF TERMINUS
OF USE FOR LOT 3 OF SAID SUBDIVISION; THENCE CONTINUING ALONG SAID
CENTERLINE N76°33'04"W FOR THE USE AND BENEFIT OF LOT 1 AND 2 OF SAID
SUBDIVISION A DISTANCE OF 12.06 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N56°54'58"W A DISTANCE OF 18.54 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE N38°49'33"W A DISTANCE OF 23.25 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE N32°43'37"W A DISTANCE OF 51.21 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE N35°47'29"W A DISTANCE OF
80.54 FEET; THENCE CONTINUING ALONG SAID CENTERLINE N33°03'22"W A
DISTANCE OF 30.13 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
N23°58'23"W A DISTANCE OF 28.87 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N32°00'54"W A DISTANCE OF 89.02 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE N12°3427"W A DISTANCE OF 26.89 FEET TO THE POINT
OF TERMINUS OF USE FOR LOT 2 OF SAID SUBDIVISION; THENCE CONTINUING
ALONG SAID CENTERLINE N12°34'27"W FOR THE USE AND BENEFIT OF LOT 1 OF
SAID SUBDIVISION A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID LOT, THE POINT OF TERMINUS FOR SAID CENTERLINE
(WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N39°43'05"E A
DISTANCE OF 2,389.11 FEET).
LOT 1
2.471 ± AC.
POINT OF TERMINUS OF
WATERLINE EASEMENT:
TIE TO NE COR. SEC.
18 N39'43'05'E 2389.11
FEET
15' ACCESS
do UTILITY
EASEMENT
POINT OF .TERMINUS
OF USE FOR LOT 2
(END OF EXISTING
WATERLINE)
SHADING LEGEND
UI
PORTION OF EASEMENT FOR
THE USE OF LOT 1 ONLY
PORTION OF EASEMENT FOR
THE USE OF LOT 1 AND 2
ONLY
PORTION OF EASEMENT FOR
THE USE OFLOT1,2&3
LOT 2
7-5.0. 2.1 13± AC.
10.0'
LOT 3
2°117±Ac.
POINT OF
TERMINUS OF
USE FOR LOT 3
LOT 1 CURB
STOP
15' ACCESS
UTILITY
EASEMENT
LINE TABLE
LINE
BEARING
LENGTH
L6
S23'58'23"E
28.87°
L7
533'03°22"E
30.13'
L8
S32'43°37'E
51.21'
L9
538'49'33"E _.
23.25'
L10
556'54`58"E
18.54'
Lit
576'33°04"E
24.11'
112.
S48'29'14"E
34.58'
113
94216''05°T
19.38'
L14
539'57'08'E
42.70'
iE twat
k?P%.P.' \./41114V.V..
4°►
XISTING
WELL
POINT OF
BEGINNING: TIE
FROM NE COR.
SEC. 18
S28'50'00"W
2570.75 FEET
1
HIGH COUNTRY ENGINEERING, INC.
16t 7 BLAKE AVENUE, STE t01,
GLENWOOD SPRINGS, CO 81601
PHONE M70)9454676 FAX (970) 9452555
W W W.HCENG.COI I
PIONEER POINT
SUBDIVISION
WATER EASEMENT USAGE
EXHIBIT
DRAWN BY:
FWH
SCALE
1"=60'
CHECKED BY:
PROJECT NO:
2061070
DATE:
06/14/13.
PAGE:
1 OF 1
FiLE' 206...WATER BLOCK -DWG
COVENANTS FOR
PIONEER POINT SUBDIVISION
GARFIELD COUNTY, COLORADO
These COVENANTS FOR PIONEER POINT SUBDIVISION (the "Covenants") are
made and entered into this 16th day of August, 2013, by the undersigned owners, being all of the
owners of that certain Garfield County, Colorado, real property hereinafter described, and said
owners do hereby declare and establish that said real property shall be held, owned, conveyed,
encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions,
conditions, easements, and obligations which shall run with the land and shall be binding on all
persons having or acquiring any right, title, or interest in said real property, to -wit:
1. Real Property. The real property which is the subject of these Covenants
consists of three (3) Lots (collectively the "Lots" or individually a "Lot") situate in Section
18, Township 7 South, Ranch 87 West, in the 6th Principal Meridian, Garfield County,
Colorado, and described as follows:
Lot 1, Lot 2, Lot 3, Pioneer Point Subdivision Plat (hereinafter the "Plat")
recorded August , 2013 as Reception No. in the records of the
Clerk and Recorder of Garfield County, Colorado.
The Pioneer Point Subdivision was approved by the Board of County Commissioners of
Garfield County pursuant to Resolution No. 2013-10, recorded January 23, 2013 as
Reception No. 830406 in the records of the Clerk and Recorder of Garfield County,
Colorado. In the event of a conflict between the conditions of approval contained in the
Resolution and these Covenants, the Resolution will control.
2. Well Easement. Each of the Lots shall be subject to and have the benefit of
that certain well easement depicted on the Plat and described more particularly in the
Common Well Covenants recorded simultaneously herewith.
3. Access and Utility Easement. Access to Lot 1 is obtained from that certain
access and utility easement depicted on the Plat and as more particularly described in that
certain Road Use, Utility and Maintenance Agreement recorded as Reception No.
in the records of the Clerk and Recorder of Garfield County, Colorado, the
terms of which are incorporated herein by this reference. Said easement shall be subject to
the conditions and limitations herein contained. Any utilities installed in the easement shall
be placed underground except for pedestals and other above ground equipment customarily
used in connection with underground utility installations. Said above ground utility poles on
Lot 1 shall be constructed in line with existing poles and pre -approved by the Homeowners
Association.
Page 1 of 6
4. Homeowners Association. The owners of the Lots shall constitute an
unincorporated non-profit homeowners association pursuant to the Colorado Uniform
Unincorporated Non -Profit Association Act known as the Pioneer Point Homeowners
Association (the "Homeowners Association"). The Homeowners Association shall be
responsible for enforcing these Covenants as hereinafter provided, and for ensuring that the
terms and conditions of the Decree issued in District Court, Water Division No. 5, Colorado,
Case No. 99CW198.
5. Common Water System and Sewage Disposal. Lots 1, 2 and 3 of the Plat are
served by a common water system as defined in those certain Common Well Covenants
recorded as Reception No. in the Garfield County Clerk and Recorder's Office and
which are incorporated herein by this reference. Each Lot of the Pioneer Point Subdivision
shall own, maintain and operate its own individual sewage disposal system and pay all
associated costs. Each Lot in the Pioneer Point Subdivision shall be limited to 1,500 square
feet of irrigated lawn.
6. Restrictions. No buildings, structures or other improvements shall be
constructed, erected, installed or otherwise permitted on or over the easements herein
described which would limit or restrict the use of the easement and license area for the
purposes herein provided. Notwithstanding the foregoing, Lot 3 shall be able to build a
garage within the well easement located on Lot 3 so long as the Well remains operative,
serviceable and usable by the Lot owners. Lot 3 shall be able to build a garage within the
well easement located on Lot 3 so long at the Well remains operative, serviceable and usable
by the Lot owners.
7. Road Maintenance and Repair. The owner of each Lot shall bear the cost of
and be solely responsible for the construction, maintenance and repair of the driveway or
access road to serve such owner's Lot which shall include periodic grading, crowning and
graveling of the road as necessary to maintain the road for year-round use by standard
four-wheel drive vehicles. Notwithstanding the foregoing, Lots 2 and 3 are served by a
common roadway as defined in that certain Road Use, Utility and Maintenance Agreement
recorded as Reception No. in the Garfield County Clerk and Recorder's
Office which provides additional obligations and enforcement rights to said Lot owners and is
incorporated herein by this reference.
8. Hunting. The owner of each Lot shall be entitled to hunt large and small
game on such owner's Lot with proper license and the discharge of firearms except that no
firearms may be discharged in the direct line of sight of any structure, including, but not
limited to, domestic, vehicular or any physical property or personal property, located on the
Lots and adjacent property.
9. Nuisances. No owner of any Lot shall permit or suffer anything to be done or
kept about or within its Lot which will interfere with the legal rights of any other Lot owner or
their property. Each Lot owner shall comply with any rules and regulations established by
the Homeowners Association, the requirements of all health authorities and other
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governmental authorities having jurisdiction over the Lots. Each owner of a Lot shall store
garbage and trash in secure receptacles to reduce problems with wildlife. Hay stored on a
Lot shall be secured by a tarp, stored in a structure or fenced.
10. Exterior Lighting. All exterior lighting will be directed inward and
downward towards the interior of the subdivision, except that provisions may be made to
allow for safety/security lighting that goes beyond the property boundaries. However,
safety/security lighting must not be "pointed" at any adjacent property owners' residences.
11. Noxious Weed Control on Individual Lots. Control of noxious weeds on
individual Lots, in accordance with the Colorado State Noxious Weed Act and the Garfield
County Weed Management Plan, shall be the responsibility of the respective Lot owner.
Each owner of a Lot shall implement a weed management program within the area of his or
her Lot.
12. Domestic Animals. Domestic cats, household pets defined below and no
more than two (2) dogs are permitted so long as they are (i) maintained in accordance with
these Covenants and the rules and regulations of the Homeowners Association, (ii) not kept,
bred or maintained for any commercial purposes, and (iii) not a nuisance by any of the
following: a) hazard to wildlife b) sound (in excess of 15 minutes for barking dogs), c)
destruction of property, d) smell e) pet waste. Household pets include rabbits, hamsters,
fish, bird, or similar small animals and are allowed if owned in compliance with items (i) and
(ii) above and are contained totally within the primary residence house. A reasonable per
incident fine may be imposed on the Lot owner in violation of this section by the
Homeowners Association. Upon a third warning to a Lot owner, the Homeowners
Association may require the animal to be removed from the Lot.
13. Livestock and Other Animals. Two head of livestock are permitted per Lot in
accordance with the Decree in Case No. 99CW198 of the District Court, Water Division
No.5, Colorado. Chickens and other permitted animals in accordance with Garfield County
zoning are permitted on the Lots if owned in compliance with items (i) and (ii) of paragraph
12 above.
14. Fencing. Livestock fencing on individual Lots shall be restricted to a
maximum of forty-two (42) inches in height and shall not impede wildlife migration. If a
rail fence or three (3) strand wire fence is constructed, there should be a twelve (12) inch
separation between the top two (2) rails/wire. Notwithstanding the foregoing, chain link
fence up to six (6) feet high shall be allowed for the sole purposes of kenneling a dog, privacy
and storage so long as said fencing does not impede wildlife migration. New barbed wire
fencing is prohibited.
15. Fire Protection. Each Lot owner shall remove vegetation around any
structures on his or her Lot in order to provide a safe zone in the event of wildfire in
accordance with the regulations established by the local fire district. Lot 1 shall solely pay
for all costs and maintain the approximate 2,000 gallon storage tank required for fire
protection and domestic water on its Lot. Lots 2 and 3 shall proportionately pay all costs and
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maintain the two (2) approximate 1,000 gallon storage tanks located on Lot 3 for their mutual
fire protection. In the event that either tank on Lot 3 becomes inoperable and needs to be
replaced or repaired, all costs associated are to be shared equally between Lots 2 and 3. In
the event that the owner of Lot 3 solely determines that either or both tanks need to be
relocated, all associated costs for said relocation shall be paid solely by the owner of Lot 3.
16. Reserve Fund. The Homeowners Association may charge assessments
against the Lots for fees and expenses affecting the Lots, including without limitation, costs
associated with the common water system. Said fees may be retained by the Homeowners
Association as a reserve fund for future expenses.
17. Payment of Expenses. Except for those expenses required pursuant to an
agreement incorporated herein by reference, all expenses to be paid by a Lot owner hereunder
shall be paid within twenty (20) days after such owner receives notice of such expense. If an
owner fails to pay such owner's share of an expense as herein provided, such unpaid amount
shall accrue interest at the rate of one percent (1%) per month, compounded monthly,
commencing at the end of the twenty (20) day period when such payment is due. If the
non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date
due, the Homeowners Association may exercise such legal or equitable remedies as are
available to collect such unpaid amounts, including interest, in which event the prevailing
party shall be entitled to recover reasonable attorney's fees and costs incurred.
18. Insurance. The Homeowners Association may obtain an adequate public
liability policy insuring the Homeowners Association and its individual members for all
damage or injury caused by the negligence of the Homeowners Association, any of its
members or other agents of the Homeowners Association.
19. Accessory Dwelling Unit. Accessory dwelling units ("ADUs") are permitted
in Pioneer Point Subdivision in accordance with Garfield County land use regulations.
20. Building Envelopes. There are no building envelopes in Pioneer Point
Subdivision.
21. Enforcement. The Homeowners Association or an owner of any Lot shall
have the right to enforce, by any proceeding at law or in equity, the covenants herein
contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so
thereafter. The party prevailing in any action for enforcement of these covenants shall be
entitled to recover all court costs, including reasonable attorney's fees incurred.
22. Severability. Each of the covenants herein contained shall be deemed
independent and separate and the invalidation of any one shall not affect the validity and
continuing effect of any other.
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23. Amendment and Termination. The covenants and agreements herein
contained shall continue in full force and effect for a period of twenty (20) years and from
year to year thereafter unless or until amended or terminated by written instrument executed
by the owners of all of the Lots.
24. Notices. Notice as hereinabove required shall be deemed delivered upon
being placed in the United States Mail, postage prepaid, and bearing the address of the owner
or owners as shown in the records of the office of the Assessor of Garfield County, Colorado.
25. Multiple Owners/Successors. Any reference in these Covenants to a Lot
owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to
all successors of such owner or owners.
26. Waiver. The failure of the Homeowners Association or a Lot owner to object
to any breach of or failure to comply with the provisions of these Covenants or any rules and
regulations of the Homeowners Association shall not be deemed a waiver of any right to
object to the same and to seek compliance therewith at any time.
SIGNED this 16th day of August, 2013.
OWNERS OF LOT 1, 2 AND 3"PIONEER POINT SUBDIVISION
Amelia S. Eshelman
Roge Eshelman
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 16th day of August, 2013,
by Amelia S. Eshelman and Roger B. Eshelman.
Witness my hand and official seal.
Notary Public
My commission expires: 3./Q9./ 5
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