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HomeMy WebLinkAbout01.7 Protective Covenants• • COVENANTS FOR PIONEER POINT SUBDIVISION GARFIELD COUNTY, COLORADO These COVENANTS FOR PIONEER POINT SUBDIVISION (the "Covenants") are made and entered into this day of , 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 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 tell is 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. 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 Page 1 of 5 • • • 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 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. Page 2 of 5 • • • 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 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. Page 3 of 5 • • 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. 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. Page 4 of 5 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 day of , 2013. Owners of Lot 1, 2 and 3 Pioneer Point Subdivision Amelia S. Eshelman Roger B. Eshelman STATE OF COLORADO ) • ss. COUNTY OF GARFIELD ) • The foregoing instrument was acknowledged before me this day of , 2013, by Amelia S. Eshelman and Roger B. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page5of5 • 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 , 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 99CW 198; 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 permit 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). Lot 1 and 2 have individual water supply pipelines and costs associated with maintenance and repair of said pipelines shall be the sole responsibility of the Lot owner benefitting from such individual pipeline. 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. 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 Page 1 of 5 • • 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 fifteen (15) feet in width. 4. Water System Installation, Maintenance, Repair and Replacement. 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 1'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 owner(s) 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. Any repairs or maintenance due to the negligent acts or failure to act of a Lot owner shall be paid for exclusively by said negligent party. 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. 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 Page 2 of 5 • 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 water 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 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 Page 3 of 5 • • • 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. 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. Page 4 of 5 • SIGNED this day of , 2013. STATE OF COLORADO COUNTY OF GARFIELD Roger B. Eshelman Amelia S. Eshelman The foregoing instrument was acknowledged before me this day of 2013, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 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 2,57035 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°34'27"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------ & CCESS--''do UTILITY EASEMENT POINT OF TERMINUS OF' USE FOR LOT 2 (END OF EXISTING WATERLINE) SHADING LEGEND 11 V//////4 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 OF LOT 1. 2 & 3 LOT 2 \/ 5 0 2.1 13± Ac. 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 S33'03'22'E 30.13' L8 S32'43'37'"E 51.21' L9 S38'49'33"E 23 25' L10 S56'54'58"E 18.54' L11 S76'33'04'E 24.11' L12 548'29'14"E 34.58' L13 S42'36'05'E 19.38' L14 S39'57'08'E 42.70' • oN••;> 0'`R tiff• • • : 19520 1/4 q;-4. ,,:�;14,11kr. • XISTING WELL POINT OF BEGINNING: TIE FROM NE COR. SEC. 18 S28'50'00"W 2570.75 FEET HIGH COUNTRY ENGINEERING, INC. 1S17BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 9458678 FAX (970) 9452555 W W W.HCENG.COM PIONEER POINT SUBDIVISION WATER EASEMENT USAGE EXHIBfT DRAWN BY. (lNH SCALE CHECKED BY PROJECT NO: 2061070 DATE' 06/14/13 PAGE 10F1 F11 E 206... WATER BLOCK.DWG ROAD USE, UTILITY AND MAINTENANCE AGREEMENT This ROAD USE, UTILITY AND MAINTENANCE AGREEMENT (the "Agreement") is made this / 7 7 day of,7'p c( , 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 1of5 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 he 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 /9T111 day of Skt)(, 2013. Ann V. Hogan 4. •o Amelia S. Eshelman STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this JU1LQ , 2013, by Ann V.Hogan. Witness my hand and official seal. My commission expires: Ack,usi s).2oI4 a4;,e Notary Public Page 4 of 5 day •;r 1... ��L,ti• • ALICIA i Cr ANDELL : i Cr • STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of JU y) , 2013, by Roger B. Eshelman . Witness my hand and official seal. My .,,,•-.'`e.��expires: /2.. 2.2 2bjt 4 ANA 6. i GARCtA •.... ••• STATE OF COLORADO COUNTY OFr'GARFIELD •M1 Notary Pu is lab 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 AuctA CRANDELL rr Page 5 of 5 I/0 IOL. /RY PUBLIC • EXHIBIT A ACCESS, UTILITY AND CONSTRUCTION EASEMENT NEI /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 15.64' A = 88'45'10" R = 40.00' L = 6196' CB= S89'24'02"W C = 5595' 05'32'31" R = 200.00' L=19.35' CB= S4 7'47'43"W C = 1934' POINT OF TERMINUS �_.1• (NE CORNER SECTION 18 ''9 BEARS: N53.09.51"E 2646 98') , O y a Go 2 30' ACCESS q& UTILITY EASEMENT 04 N46'13'23"W 14.16' e = 08.41'37" R = 200.00' L = 30.35' CB= N41'52'34"W C = 3032' e6 HOGAN PARCEL BOOK 1528 PAGE 609 \ 30' CONSTRUCTION EASEMENT '4' \ POINT OF \ BEGINNING v3. \ CONSTRUCTION S1,• \ EASEMENT \ 9'6, \ (NE CORNER h- SECTION 18 30' CONSTRUCTION \ �s.). ..s \ BEARS,N44'16'20"E EASEMENT 'B' \Z �t `TT• \ 2539.96') \9Ss3. s s \ \ \ \ vs. \ \ \ ,�S f, . r. sv,. \ \ s , PROPERTY LINE N85'12'35"E 230 51' ESHELMAN PARCEL BOOK 1528 PAGE 609 N41'10'15"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. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81801 PHONE (970) 945.8678 FAX (970) 945-2555 W W W.HCENG.COM ROGER ESHELMAN GARFIELD COUNTY, CO EXHIBIT A SHARED ROADWAY DRAWN 8Y: RPK CI IECKED BY: FWH SCALE: 1" -50' PROJECT NO: 206 1070.DWG DATE: 6-12.13 PAGE: 1 OF 2 FILE: J /SOSxPROu/206/1070/OWG/OWESMTOWG CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING CHORD CI 200.00' 04'42'31" 16.44' 6 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" 13.9)' 6.99' N 43'31'31" w 13.97' C4 230.00' 08'21'00" 33.52' 16.79' N 41'42'16" W 33 49' C5 230.00' 04'42'31' 18.90' 9 46' N 43'31'31- W 18.90' C6 170 00' 08'21'00" 24 78' 12 41' N 41.42'16" W 24 75' e = 08.41'37" R = 200.00' L = 30.35' CB= N41'52'34"W C = 3032' e6 HOGAN PARCEL BOOK 1528 PAGE 609 \ 30' CONSTRUCTION EASEMENT '4' \ POINT OF \ BEGINNING v3. \ CONSTRUCTION S1,• \ EASEMENT \ 9'6, \ (NE CORNER h- SECTION 18 30' CONSTRUCTION \ �s.). ..s \ BEARS,N44'16'20"E EASEMENT 'B' \Z �t `TT• \ 2539.96') \9Ss3. s s \ \ \ \ vs. \ \ \ ,�S f, . r. sv,. \ \ s , PROPERTY LINE N85'12'35"E 230 51' ESHELMAN PARCEL BOOK 1528 PAGE 609 N41'10'15"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. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81801 PHONE (970) 945.8678 FAX (970) 945-2555 W W W.HCENG.COM ROGER ESHELMAN GARFIELD COUNTY, CO EXHIBIT A SHARED ROADWAY DRAWN 8Y: RPK CI IECKED BY: FWH SCALE: 1" -50' PROJECT NO: 206 1070.DWG DATE: 6-12.13 PAGE: 1 OF 2 FILE: J /SOSxPROu/206/1070/OWG/OWESMTOWG 30 FOOT ACCESS AND UTILITY EASEMLN 1 A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2.NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF 1 AND LYING 15 FLET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN ILRLINE.: COMMENCING AT THE NORTHEAST CORNER OT SAID SECTION 18, A 2-1/4" BRASS CAP IN PLACL; [HENCE S44'49'01"W A DISTANCE OF 2568.23 FEET TO A POIN1 ON THE NORTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEP TION NO, 486692 OF THE GAREIFI T) COUN 1 Y CLERK AND RECORDER'S OFFICE THE POIN I OF BEGINNING• THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N4110'15" W A DISTANCE OF 33 65 FEF 1, THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE 10 Ti IE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 16.44 FELT (CHORD BEARS:N43'31'31"W A DISTANCE or 1643 FEET); IHENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A DISTANCE OF 78.53 FFET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THF ARC OF A CURVE TO THE RIGH 1 HAVING A RADIUS OF 20000 FEET AND A CENTRAL ANGLE OF 08'21'00", A DISIANCL 01 29.55 FELT (CHORD BEARS:N41'42'16"W A DISTANCE OF 2902 FEE 1), THENCE CONTINUING ALONG SAID CENTERLINE 1\13 /'31'46"W A DISTANCE OF 141 68 FEET; TIIENCE CONTINUING ALONG SAID CTTERI INF ALONG THE ARC OF A CURVE TO THF LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'41'3/, A DISTANCE OF 30,35 FEET (CHORD BEARS: N41'52'34"W A DISTANCE OF 30.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N46'13'23"W A DISTANCE OF 14.16 FEET; THCNCL CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CFNTRAI ANGLE OF 88'45'10", A DISTANCE OF 61.96 FEET (CHORD BEARS: 989'24'02"W A DISFANCE OF 55,95 FEE I); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THF ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FELT 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 Al ONG SAID CENTERI INE S50'33'58"W A DISTANCE OF 15.64 FEET 10 A POINT ON THE F4STERIY RIGHT -OF -WAY Of COUNTY ROAD 100, THE POINT OF TERMINUS, (WHENCE THE NORTHEAST CORNER OF SAID SECIION 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. 30 FOOT CONSTRUCTION FASFMENT 'A' A 30 FOOT WIDE STRIP OF 1 AND SITUATED IN THE W1/2NE1/4 OF SEC IION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SA0 STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CEN TERLINC: COMMENCING Al LHE NORTHEAST CORNER OF SAID SECTION 18, A 2 -1/4" BRASS CAP IN PLACE; THENCE 544'16'20"W A DISTANCE OF 2539 96 FEET TO A POINT ON THE NORTt-IERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CL, -RK AND RECORDERS OFFICE THE POINT OF BEGINNING THENCE LEAVING SAID NORTHERLY BOUNDARY Al ONC THE CENTERLINE OF SAID EASEMENT N41°10'15"W A DISTANCE OF 55.75 FEL 1; THENCE CONTINUING Al ONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 1661 AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 18,90 FEET (CHORD BEARS:N43',31'31"W A DISTANCE CF 18.90 FEET); THENCE CONTINUING Ai ONG SAID 61 NTLRL INC N45'52'46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CLNTERLINL ALONG IHL ARC OF A CURVL 10 THE RICHT HAVING A RADIUS OF 170 00 F EF T AND A Cf N IRAI 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 NORTHEAS1 CORNER OF SAID SECTION 18 BEARS N49'05'05"E A DISTANCE 01 2537.14 FEET); SAID STRIP OF I AND CON IAINING 6,405 SQUARE FFFT OR 0 147 ACRES, MORE OR LESS. 30 FOOT CONSTRUCTION FASFMENT 'B' A 30 1001 WIDE STRIP OF LAND SITUATED IN THE W1/2NE1/4 01 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST Of 1HE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTFRI INF: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2-1/4" BRASS CAP IN PLACE; THENCE S45'20'59"W A DISTANCE 01 2596.71 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO 486692 OF THE CARFIFI D COUNTY CI FRK AND RFCORDFR'S OFFICE THF POIN Of BEGINNING- THENCE LEAVING SAID NORTHERLY BOLJNDARY ALONG THE CENTERLINE OF SAID EASEMENT N41°10'15"W A DISTANCE OF 11.55 FEET, THENCE CONTINUING ALONG SAID CENTERI INF ALONG THF ARC OF A CURVE TO THE LEFT HAVING A RADIUS Of 1 '0,00 FEET AND A CENTRAL ANGEL 01 04'42'31", A DISIANCL 01 13 9 / 1 1 1 I (CHORD BEARS:N43'31'31"W A DISTANCE OF 1397 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A DISTANCE OF 78,5.3 FFFT; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THF. RIGHT HAVING A RADIUS OF 230,00 FEE 1 AND A CENTRAL ANGLE OF 08-21'00", A DISTANCE Of 33.52 FEET (CHORD BEARS.N41'42'16"W A DISIANCL OF 33.49 FEET); THENCE CONTINUING Al ONG SAID CFN1E01INE N37'.31'46"W A DISTANCE OF 35 55 FEET TO IHE POINT OF TERMINUS (WHENCE THE NORTHEAST CORNER OF SAID SEC TION 18 REARS N49'09'47"E A DISTANCE OF 2597 04 FEET); SAID STRIP 0! LAND CONTAINING 5,193 SQUARE FEET OR 0.119 ACRES, MORE OR LESS. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 9452555 WWW.HCENG.COM ROGER ESHELMAN GARFIELD COUNTY, CO EXHIBIT A SHARED ROADWAY DRAWN BY: SCALE RPK N/A CHECKED BY: PROJECT NO: FAH 2061070.DWG DATE: PAGE: 6-12-13 2 OF 2 FILE J'/ D lW of/206/1070/0WO/DWESMT.Oxq • • • 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 of) (A n t , 2013. LI-kr./ V. /41at Ann V. Hogan STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing quit claim deed was acknowledged before me this 1 �` day ofJtyflQ , 2013, by Ann V. Hogan. ^ �� WITNESS my hand and official seal. My commission expires: 4u uJ 1. 2,01 4 La S ^' •• Notary ,y Public (041 ALIO \'''C) 3,`• CRANDELL •• 72(/ After recording return to: Roger Eshelman, 7378 County Road 100, Carbondale, Colorado 81623. 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 S50'33' 58"W 15.64' 0 = 88'45'10" R = 40.00' L = 61.96' CB= 589'24'02"W C = 55.95' 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' = 05'32'31" R = 200.00' L = 19.35' CB= S47'47'43"W C = 19.34' HOGAN PARCEL BOOK 1528 PAGE 609 POINT OF TERMINUS (NE CORNER SECTION 18 BEARS: N53'09'51"E 2646.98') 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 WWW. 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:/sDsKRRoJ/206/ 1070/DWG/DW€ESMTQurrCLArM.Dwc EXHIBIT A INGRESS, EGRESS, AND UTILITY EASEMENT NE1 /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 N41°10'15" 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 N46°13'23"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: 389°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, 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 NGRESS, EGRESS & UTILITY EASEMENT DRAWN BY: RPK SCALE: N/A CHECKED BY: FWH PROJECT NO: 2061070.DWG DATE: PAGE: 8-24-12 2OF2 FILE: J:/sosKPROJ/206/1070/DWG/DW-ESMTQUITCLAIM.DWG