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Home My WebLink About1.19 Easement Holder ConsentLAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO, 81611 WWW.OKGKM.NET LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970) 544-1853 DAVID B. KELLY MARIA MORROW OF COUNSEL: smo@okglaw.com STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES STEPHANIE HOLDER March 17, 2021 VIA E-MAIL Bob Schultz 354 Fawn Dr. Carbondale, CO 81623 Re: Consent of Easement Holders – Plat Vacation Dear Bob, At your request, I am providing a summary of how the existing utilities located within the platted easement area dedicated on the Whitecloud Ridge Subdivision Plat (recorded in the Garfield County Records as Reception No. 571155) will be addressed concurrently with the proposed plat vacation of the Whitecloud Ridge Subdivision. There are existing utility lines located in the platted easement, which was dedicated on the Whitecloud Ridge Subdivision Plat, for the following utility providers: CenturyLink, Holy Cross Electric, Inc., Black Hills Energy and transmission lines for the shared water system for both the Whitecloud Ridge Subdivision and what is commonly referred to as the Harmony Heights properties. Below is a summary of the status of negotiations with each of these utility providers: A. CenturyLink: Ascendigo Property Holdings entered into a written easement agreement with CenturyLink on March 3, 2021 (“CenturyLink Easement”). The CenturyLink Easement has been recorded as Reception No. 951512. CenturyLink also provided a “No Objection” letter to the proposed plat vacation. The CenturyLink Easement and “No Objection” letter are attached hereto as Exhibits “A” and “B.” B. Whitecloud Ridge/Harmony Heights Water System: The Whitecloud Ridge Homeowners Association and the Harmony Heights properties have a shared water system. The water system includes water transmissions lines through portions of Whitecloud Ridge Subdivision. Water transmission lines for the water system were installed in the 60’ utility easement dedicated on the Whitecloud Ridge Subdivision Plat. Ascendigo Property Holdings owns both the Whitecloud Ridge Subdivision and the Harmony Heights properties. Ascendigo OATES, KNEZEVICH, GARDENSWARTZ & KELLY P.C. Completeness Review – Ascendigo Ranch Limited Impact Review March 17, 2021 Page 2 Property Holdings, on behalf of the Whitecloud Ridge Homeowners Association and for itself, as the sole owner of these properties, has entered into a Release of Utility Easement, Water Operating System – Whitecloud Ridge Subdivision (“Release”). The executed Release is attached hereto as Exhibit “C.” The Release is effective upon the recordation of the vacation of the Whitecloud Ridge Subdivision Plat and will be recorded concurrently with the vacation plat. C. Holy Cross Energy, Inc.: After some back and forth with representatives at Holy Cross, these representatives and I decided the best course of action is to enter into a written easement agreement to accommodate a 20’ wide easement for the existing electric lines. In the same instrument, Holy Cross will agree to relinquish the right to use the platted easement. I just determined yesterday that this approach would be satisfactory to the representatives at Holy Cross, so some additional drafting and review by Holy Cross will be necessary. I anticipate being able to submit an executed and recorded easement agreement to Garfield County by mid-April D. Black Hills Energy: I have been in correspondence with Black Hills Energy (“Black Hills”). Black Hills is willing to enter into a written easement agreement for a 20’ wide utility easement to accommodate the existing gas line located in the platted utility easement. Black Hills has been provided all of the information it needs (e.g. easement description, ownership information) and is currently drafting the easement agreement. Given signatures will need to be obtained after some additional back and forth on the easement language, I anticipate being able to also provide this easement agreement by mid-April. Given the timeline above, Ascendigo will be able to provide consent from and/or agreements with the existing utility providers concurrently or prior to the plat vacation of Whitecloud Ridge Subdivision. I will provide copies of the agreements with Holy Cross and Black Hills to Garfield County as soon as they are finalized and recorded. Please let me know if there are any questions. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. /s/ Sarah M. Oates By___________________________________________ Sarah M. Oates Cc: Dan Richardson (via e-mail) Page 1 of 4 3/3/2021 Ascendigo Property Holdings 818 Industry Place Suite A Carbondale, CO 81623 No Reservations/No Objection SUBJECT: Platted Utility, Drainage and Access Easement – Whitecloud Ridge Subdivision Lots 1-13- No Objection Parcel: Lots 1-13 in Whitecloud Ridge Subdivision, Garfield County, CO. The SW1/4 SECTION 28 AND the SE1/4 SECTION 29, T7S R87W To whom it may concern: Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the subject vacation of the platted Utility, Drainage and Access Easement and has determined the CenturyLink facilities within the easement area described and recorded on the plat Whitecloud Ridge Subdivision, under reception number 571155, recorded October 20, 2000, in the County of Garfield, State of Colorado, are now covered by the utility easement recorded under reception number , recorded January , 2021 in the County of Garfield, State of Colorado and that it therefore has no objections with respect to the proposed vacation of the easement as shown and/or described on Exhibit “A”, said Exhibit “A” attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this vacation shall not reduce our rights to any other existing easements or rights we have on this site or in the area. This No objection response is submitted WITH THE STIPULATION that IF CenturyLink facilities are damaged within the easement area as described, the Applicant will bear the cost of relocation and repair of said facilities. POC - VeShon Sheridan NIS| Right-of-Way Agent II | Contractor - Faulk & Foster Millwheel Way, Henrico, VA / USA 23228 804-234-6825 VeShon.Sheridan@Lumen.com Sincerely yours, Diane Willato Diane.Willato@Lumen.com Network Infrastructure Services CenturyLink P834557 Page 2 of 4 Exhibit A Page 3 of 4 Page 4 of 4