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Home My WebLink About1.0 Application• flFI ORI''I'II1'•' AR1) or COUNTY COMMISSION[jRS OF GAR I:II1I.I) C'OUNT'Y, COLORADO PET 11110 Nil() ILEX J'1 l'_"1'1 nN_ Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned a(f/fte ak�s-C/ 7 aa., -',-d4./-4 Pr-espectfully petitions the Board of County Commissioners of Garfield County, Colorado, to y Resolution the division of a- _3 acre tract of land into 3 tracts of approximately _ S-‘71 0141.4/Mg-es each, more or less, from the definitions of "subdivision" and "subdivide( land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons slated below: e:c4 err "74�P_sse?, % SUI11VII'l l'AI.. RFQl1IRI:MI:NTS: An application which satisfies the review criteria must be submitted with all the following information: �A. Sketch map at a minimum scale of 1"=200' showing the legal description of the properly, distension and area ofall lots or separate interests to be created, access to a public right-of-way, and any propose( easements for drainage, irrigation, access or utilities; �3. Vicinity map at a ntininlunl scale of I"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of Li.S.G.S. quadrangle map may be used. C. Copy of the (teed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and V6. Names and addresses of owners of record of land immediately adjoining and within 200 feet oldie proposed exemption, mineral ownersand lessees of mineral owners of record of the properly to be exempted, and tenants of any structure proposed for conversion; and Evidence of the soil types and characteristics of each type; and id, lc. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of lire protection plan from I I appropriate lire district; and VVI;. 11conneclion to a community of municipal water or sewer system is proposed, IIa letter from the governing body staling a willingness to serve; and /11. Narra live explaining why exemption is being requested; and 11 shall be demonstrated that the parccl existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. ✓J. A Ulatf..60 Ice must he submitted with the application. �t�� Cites-��GGc �L C 7litioner Mailing Address /moo �,-� /,1t _ City stale R /6d / Telephone Number 1 i44 6 06�- :ROM : DESIGN STUDIO FAX NO. : 970 927 5191 Apr. 02 2001 10:04AM P1 APR 02 '01 10:30AM CALO . ' HOUPT, P.C. • P.? AFFIDAVIT OI EUGENE CHIAEELLI I; Eugene Chiarelli, being over the age of eighteen years and first duly sworn, state as follows: 1. I am a resident of Garfield, Colorado. My home address is 1030 County Road 102 Carbondale, CO 81623, 1. 1 am the owner of the parcel of land m that my home at the address listed above is located. Eugene Chiarelli, LLC is the owner of the two parcels aoin either side of my home parcel. I am the sole manager of Eugene Chiarelli LLC. 2. I applied for a boundary line adjustment for the 3 parcels of land previously split by exemption and known as the Hornet exemption. The property description was provided to the County and is part of the public notice sent out for this application. 3, I have asked my attorney Sherry A . Caloia of Caloia & Haupt to represent me and the LLC on this matter. 4. l posted the property with the sign provided by the Garfield County Planning Department on or about March 14 or 15, 2001. I posted the sign at the end of my driveway at 1030 County Road 102 along County Road 102. The sign remains posted today. It is visible from County Road 102. FURTHER AFFIANT SA.YETH NOT. EU,1 r r C ARELLI STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Affidavit was acknowledged, subscribed, and sworn to before me this 2"Q day of April, 2001, by Eugene, Chiarelli WITNESS my hand and official seal. My Commission expires: My Commission Expires 09/11/2004 Chiata1li- Affidavit Notary Public • • vb \ \ w s 01-Aiab C uA04\, 0239/-,oy-- v0- (a C f/O cn re l i 1c)-(:) c\ \O Z C v\4\0.a, C;=) 43 (s 23 cK2 c 2" - oo-SSI Lt,c Ga.y k oc-z). lana c-fn\y \na. (C,2 Z3Jo o. k'•r Ca cal 8goo 2391-a�tZ- oo-lG pov„v„...0„. Gb1:AS-Ice-`i("\, : \f\- S G- quo �y a�9 0o—oS7 (v\ + F-,,SSe i / ?No-- .6 -E oc� (3 qo c\, R \ oZ ADo «\.moi 3- cli6a �✓ • • D39 Oo - n5-8 -(\c\ok-c-e.w -D;VveN (V\ 0.C, Dr o J\ `✓,,VA.m.JA c O 7 Co,"y l Ga C / �a 3 39)-a0/-oo-0S/L( k1/4i Pcm. \LkG 6 - /tea 23V-2o3-c-cs7 bJ-ney CO t‘7( 0.391-c11- 01 -70 LA ��;� � • L— , ccD • • CALOIA & HOUPT, P.C. RECEIVED F EB j 4 200 ATTORNEYS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON February 14, 2001 Mark Bean Garfield County Building and Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE Sender's email: scaloia@sopris.net Re: Harriman Subdivision Exemption Chiarelli Amendment Dear Mark: Enclosed please find an application for Petition for Exemption. This is actually an application for amendment to existing subdivision exemption. The Harriman exemption split this property into three lots in 1978 by resolution No 78-57. Mr. & Mrs. Chiarelli wish to change the lot lines. It is my understanding that a public hearing will be necessary in order to adjust the lot lines. I am herein making application for them to do so. Enclosed is a copy of the property descriptions, deeds of ownership, plat map showing the location and now proposed lot lines, and a list of property owners within 200 feet. I did not submit the other items listed on the Petition for Exemption as this is a currently existing approved subdivision exemption and the other items are not necessary. Please let me know if you need any additional information. We would like to get this matter finalized as soon as is possible. Thank you for your consideration. Very truly yours, CALOIA & HOUPT, P.C. Sherry A. C SAC:dw Enclosures CHIARELLI-Bean-ltr- Chiarelli PROPERTY OWNERS WITHIN 200 FEET #2391-204-00-180 #2391-291-04-019 Eugene Chiarelli John Stirling 1030 County Rd. 102 704 Skipper Lane Carbondale, CO 81623-9262 Carbondale, CO 81623 #2391-291-00-181 Glen Sloop Leslie Gaylord Lewis 1802 County Rd. 102 Carbondale, CO 91623 #2391-291-04-024 John Stirling 704 Skipper Lane Carbondale, CO 81623-880 #2391-292-00-161 James Patrick Mulkeen Donna Fields Goldstein 11355 West Olympic Blvd. Los Angeles, CA 90064 #2391-203-00-059 Ronald M. & Rossein Katha Razzore 890 County Rd. 102 Carbondale, CO 81623-9625 #2391-203-00-058 Andrew John MacDonald Elizabeth Butera MacDonald 0067 County Rd. 162 Carbondale, CO 81623 #2391-201-00-054 Hunt Properties Ltd. 14913 Highway 82 Carbondale, CO 81623-9529 #2391-203-00-057 Karen S. Kean -Hines 1280 Snowbunny Lane Aspen, CO 81611 CHIARELLI-Property Owners • • LOT 1: A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41'W 722.19 along said fence to the True Point of Beginning; thence N 32°43'46"E 134.94 feet; thence N 47°19'01"E 71.92 feet; thence N 63°04'11"E 88.81 feet; thence N 04°21'42"E 105.30 feet; thence N 26°32101"E 81.36 feet; thence N 08°03'37"E 213.69 feet; thence N 76 31'20"W 112.80 feet; thence N 11 5119"E 136.52 feet; thence S 88 45'44"E 104.02 feet; thence N 08 03'37"E 369.79 feet; thence N 07°26'49"E 199.68 feet to a point on the Southerly right-of-way line of Garfield County Road No. 102; thence N 89°34'39'W 626.57 feet along said southerly right-of-way line; thence South 1316.31 feet to a point in a fence; thence S 89°32'41"E 247.18feet along said fence to the point of beginning, containing 15.120 acres more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 31 January 2001 LOT 2: A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41'W 415.66 feet along said fence to the True Point of Beginning; thence N 89°32'41'W 306.53 feet along said fence; thence N 32°43'46"E 134.94 feet; thence N 47°19'01"E 71.92 feet; thence N 63°04'11"E 88.81 feet; thence N 04°21'42"E 105.30 feet; thence N 26°32'01"E 81.36 feet; thence N 08°03'37"E 213.69 feet; thence N 76 31'20'W 112.80 feet; thence N 11 51'19"E 136.52 feet; thence S 88 45'44"E 104.02 feet; thence N 08 03'37"E 369.79 feet; thence N 07°26'49"E 199.68 feet to a point on the Southerly right-of- way line of Garfield County Road No. 102; thence S 89°34'39"E 173.46 feet along said Southerly right-of-way line; thence S 07°07'43'W 264.78 feet; thence S 10°17'38"W 379.32 feet; thence S 18°26'12'W 210.12 feet; thence S 12°26'34'W 367.65 feet; thence South 120.50 feet to the point of beginning, containing 5.385 acres more or Tess. Lines in Space P.O. Box 121 Carbondale, Co. 81623 31 January 2001 LOT 3: A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Comer of said Section 20; thence S 89°19'41'W 1143.00 feet along the Southerly boundary line of said Section 20 to the point of beginning; thence S 89°19'41"W 186.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41'W 415.66 feet along said fence; thence North 120.50 feet; thence N 12°26'34"E 367.65 feet; thence N 18°26'12"E 210.12 feet; thence N 10°17'38"E 379.32 feet; thence N 07°07'43"E 264.78 feet to a point on the Southerly right-of-way line of Garfield County Road No. 102; thence S 89°34'39"E 355.32 feet along said Southerly right-of-way line; thence South 1332.81 feet to the point of beginning, containing 14.491 acres more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 31 January 2001 111111111111111111111111111111111111111111111111I111 550074 08/05/1999 02:40P B1144 P134 M ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT REGARDING BOUNDARY LINE ADJUSTMENT Eugene Chiarelli, the undersigned affiant, being over the age of eighteen years and first duly sworn, deposes and states as follows: 1. I am the President of MF Wilenta, Inc. MF Wilenta, Inc. is the owner of real property located in an unincorporated area of Garfield County, which property is described in MF Wilenta, Inc.'s Warranty Deed, a copy of which is attached hereto as Exhibit " A" and incorporated herein by this reference. The real property is comprised of three (3) lots approved by subdivision exemption under Resolution No. 78-57 of the Garfield County Commissioners recorded on August 17, 1978 in Book 514 at Page 320 in the real estate records of Garfield County Clerk and Recorder. Said approval pre -dates the necessity for a plat of the exemption. 2. MF Wilenta, Inc., is desirous of adjusting the boundary lines of the three lots (as between the lots only and not with any other adjacent parcels of real property) and signs this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. The lot line adjustments shall be accomplished by quitclaim deed recorded concurrently herewith, identifying the legal descriptions of those portions of the lots transferred. 3. MF Wilenta, Inc., hereby represents that no new lots will be created and therefore Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. MF Wilenta, Inc., hereby represents that none of the parcels of property involved in this Boundary line adjustment is part of a previously platted subdivision of record. 5. MF Wilenta, Inc., hereby represents that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. MF Wilenta, Inc., hereby represents that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANT SAYETH NOT. DONE this ___ day of July, 1999, STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) MF WILENT. , .0r4 By ugen-Chiarelli, President Acknowledged, subscribed, and sworn to before me this X (o day of :fay/ y/ , 1999, by Eugene Chiarelli as President of MF Wilenta, Inc., a Colorado Corporation. „u'in+urn; i.,4$ PI CIq�F�/��i WITNESS my hand and official seal. My CImission expires:G?'RSX) Cr Nttli-e-ft,- Notary Public i.HIARELL:-Bbun..a Line L\C 'o moo; ��4�gTFOF CAQ'P Ce ` MY COMMISSION! EXPIRES. t ;TOBER 25. 2000 IIiIIII111111iIIIIIIIIIIIIII1111111111Nllllllllllllll • 551219 08/27/1999 03:52P 81147 P815 M ALSDORF 1 of 6 R 30.00 D 0.00 GFIRFIELD COUNTY CO CORRECTION QUITCLAIM DEED THIS CORRECTION QUITCLAIM DEED is made this i day of August, 1999, between MF WILENTA, INC., a Colorado corporation ("Grantor") and MF WILENTA, INC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: This Correction Quitclaim Deed is intended to accomplish boundary line adjustments among three parcels conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209. Said parcels were created by approved subdivision exemption prior to the requirement for platting such exemptions; accordingly, there is no exemption plat of record. A Boundary Line Affidavit by MF Wilenta, Inc. has been recorded heretofore with the Garfield County Clerk and Recorder. The three parcels conveyed in the above -referenced Warranty Deed (Reception No. 541055) are designated in said Warranty Deed as "Parcel A," "Parcel B" and "Parcel C." As part of the boundary line adjustment accomplished hereby, this Correction Quitclaim Deed also serves to re -designate two of the parcels as follows: that certain parcel designated in said Warranty Deed as "Parcel B" is hereby re -designated as "Parcel C" (said parcel is the most westerly of the three parcels); and that certain parcel designated in said Warranty Deed as "Parcel C" is hereby re -designated as "Parcel B." That certain parcel designated in said Warranty Deed as "Parcel A" shall continue to be known as "Parcel A" (said "Parcel A" is the most easterly of the three parcels). Based on the re -designation of Parcels B and C set forth in the immediately preceding paragraph, the boundary line adjustments between Parcels A, B and C shall be accomplished by the transfer of smaller parcels described in Exhibits A, B, C & D attached hereto and incorporated herein by this reference. The references to Parcels A, B and C in said attached Exhibits are to those parcels as re -designated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: MF WILENTA, INC; A Colorado corptiration By: L _ . ) _,fir\ t _.t-'" Eugene C iarelli; President ..g [acknowledgement on following page] 11111 1111 111111 111 1111111 III IIIA III 11111101 559679 02/24/2000 12 16P B1174 P128 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO • /�� QUITCLAIM DEED THIS QUITCLAIM DEED is made this PO day of February, 2000, between MF WILENTA, INC., a Colorado corporation ("Grantor") and EUGENE CHIARELLI AND MICHELLE CHIARELLI. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: Parcel B (formerly known as Parcel 2) of the Harriman Subdivision Exemption plat recorded at These three parcels of land were conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209, and the Lot designations and boundary lines for the parcels were amended in a deed dated August 25, 1999, recorded at Book 1147 Page 815 with the Garfield County Clerk and Recorder. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: MF WILENTA, INC., A Colorado..eorpobzti n - — L By: ...---Eugene Cliiarelli, President STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing was acknowledged before me this J day of February, 2000, by Eugene Chiarelli as President of MF Wilenta, Inc., a Colorado corporation. WITNESS my hand and official seal. My Commission expires: Notary Public CHIARELLI-Quitclaim Deed MY COMMISSION EXPIRES. rX 7;_,t>37 -z 25, ?MO 1111111 11111 11111111111111111 III llll III 111111111 Ilii 55967f 8 0R25.002D00 12 09P 0.00 GARFIELD4COUNTYMCOLSDORF QUITCLAIM DEED THIS QUITCLAIM DEED is made this /.(1 day of February, 2000, between MF WILENTA, INC., a Colorado corporation ("Grantor") and EUGENE CHIARELLI, LLC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: Parcel A and C (formerly known as Parcels 1 and 3) of the Harriman Subdivision Exemption as described in the Quit Claim deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209, and the Lot designations and boundary lines for the parcels were amended in a Correction Quit Claim Deed dated August 25, 1999, recorded at Book 1147 Page 815, Reception No. 551219 with the Garfield County Clerk and Recorder. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) MF WILENTA, INC., A Colorado corpo>t igt Etigene Chiardl1President The foregoing was acknowledged before me this as President of MF Wilenta, Inc., a Colorado corporation. WITNESS my hand and official seal. My Commission expires: /U " 2 / \ Notary Public ��:n:10"1:NI +' MY CT:t...ISSEXPIRES: q r 5.2000' day of February, 2000, by Eugene Chiarelli CHIARELLI-Quiticiam Deed -2 Vic inOty Map • Scale I" = 2000 ' 2)1 ----y („7 ) \S."k •:;,„" x 7/ 93 ) •)k tk 11`‘ 29 ".•• / • /.••••••4, • I / lt $ • -• • 148 1.8S t r— SE Cor . Sec . 20 t . 7 610"/ R.87 W . 6th P,M. IA LOT '5,120 AC IL/- orv.; Alf ADJ UST. B845.44'E 1,02' 7—LOT LINE BEING Af..IIIS1FD -- SHED ( LOT "f• EN I LOT 3 Le) 14.4.91 AC #/- % 355.32' kr) HOUSE 4#4 LEACH FIELD C*END AND NOTES ''D`,.IND RC: CA' SF -7 REEM L POWER POLE ' NE • < w 0 L. !NES IN .1 E fk! `„, LF.\E e'45:e'ec' /21 // k.AraNTIrT.r.rrr.rtr-rr"rr,rensmonlernere,w•-nonntrf4 , 4-4 1/) I- FROM : DESIGN STUDIO FAX NO. : 970 927 5191 Mar. 12 2001 11 50AM P1 •n" C...10 k. t_, 7...,.. '4 V..) RA r.....1, ---- 0 ‘..N.1 A 1 • . 1 1(. .J .C. '; t; 11 -i'''' i Si (r) f,1 • Lb - - - - - -(3 - - • • .., ..._. 4.,.. •••••-,^4. 14) 11 Its 6 ' j- '., • .. ...,..,,„,....7...U...,7.••• -01.5 ',. • 4 • a) O a Z 0) 0 N 0 N 'I Q N t, c0 Contractor INSPECTIONS • c-• -o 0) m 0 E 0 0 SM • ti o Li d (continue on back) 0) O T N W H O Z ° COvssj co CY) C11. U)IC C in i0 �0 �0 .E 0 c E 0 3 c O d 0) 0 .c c ro o c 0 m c C7 CC LL �MAR 06 '01 01:05PM CALOIA & HOUPT, P.C. ,N-28-1999 THU 1243 PN SON & HORSE CARBONDALE FAX H0,411,830879 '.qtr 14 P�f,E *� U LL 1 A + E 11'...1:.1%0w1 �; u1;1 r CU;d115;� i'::1€R5 Or GARFIELD COUNTY. COLCPAL'0 RESUIUTION a-•5'1 uHER[r,5, rir,•,•t+iith Iiomot has petitioned the Saeed of County Cornelis -Janet -5 of Garfield County, Colorado, for an exetmptidn under C.R.S. (1973) Section 30-20-101 (10 (a) -(d) at pended. and the Subdivision Regulat ons of Garfield County, Colorado, adopted Septetrber 1, 1972 and Y. amended April 14, 1975, Sections 1.02.17(d) and 3.02.01, for the division of a thirty-five (35) acre tract into three (3) tracts of approximately 11, 12.89, and 11.11 acres each, more or lest, and more particularly ' described as follows: A parcel of land situated in the Seri of Section 20, Township 7 South, Range 37 blest of the Sixth Principal Meridian, County of Garfield, State of Colorado, Said Pa,t,cel of land is described as follows:• •A'+c y line of said Section 2D, r' Beginning at a point on the Southerly '•,�' whence the Southeast corner of said Section 20 bears: itB9019'A1" • E,, 1143.00 feet; thence S09"19'41" W., 186.00 feet, more or less along said Section line to a point in a fence 45 constructed and in place: thence North 19.50 feet to angle paint in said fence; thence N84°32'41" W. 969,37 feet along said fence; thence north 1316.31 fret toapoint in the. Southerly fence of a County Road as cttructed and in place; thence 589o34,39" E., 1155.34 feet along said County Road fence; thence'South 1332.81 feet to the point of beginning. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, .that he desires said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is reasonable probability of locating domestic water on each of said 11. 12.89, and 11.11 acre tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks Wi11 be permitted by the Colorado O partirznt of Health, that the requested division is in accordance with the general purposes an intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, tharefer' , be exempted from the definition of the terms "subdivision" And ''subdiit,ieed 'teed- as set forth in C.R.S. (1973) Section 30-28-101.(10) (a) -(d) a5 amemiadi NOU T1Et:t F0Rtt , upor rr,; i on o' •t! L r4, a seconded by �^.4c)(1.e ei _ of carried, said thirty-five acre tract of land is hereby excwpled from such definition ar'd transfer of said ti ►ct may be macre P.1 11 MAR 06 '01 01•05PM CALOIA 8, HOUPT, P.C. P.2 - • pg630878 , � P, 1 � ` 12:44 P ,SAN., &',M�RSPOARI3O ALE- FAX N� 2 AN -28-1889 THU te. loss, all as is more fully described above and further tnat said exemption is conditioned upon the Petitioner obtaining a proper 1ega1 description of said tracts prior to any conveyance thereof. A copy of the instruments of conveyance when recorded shall be filed with this Resolution. Dated this _i_eday of ,A.D., 1978. THOFE$0ARO OF GARFIELD COUNTY. CCOLORADO COMMISSIONERS Attest: oe o t e 6 of Count Commissioner , Garfield County, Colorado Post -its Fax Note 7671 Dans Dooms► To T From �� [[ e : Co./Dept. Co. Pho ;Mr Fa Fax # 1r MI rvu. C WS -25 APPLICANT %./1.11.1%.•11.... VI . .. V V . !'•fi 1 V V.•%....■LVI I COLORADO D ,'SION OF WATER RESOURCES 818 Centennial Bldg., 3 Sherman St., Denver, Colorado 80203 (303) 866-3581 i RECEIVED FEB 1 5 2001 XST WELL PERMIT NUMBER 918996 DIV. 5 CNTY. 23 WD 38 DES. BASIN MO Lot: Block: Filing: Subdiv: MF WILENTA, INC. (EUGENE CHIARELLI, PRESIDENT) C/0 CALOIA & HOUPT, P.C. 1204 GRANO AVE. GLENWOOD SPRINGS, CO 81601 (970)945-6067 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 20 Twp 7 S Rng 87 W 6th P.M. DISTANCES FROM SECTION LINES 200 Ft. from SOUTH Section Line 1600 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS QF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has boon granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18, 3) Approved pursuant to CRS 37-92.602(3)(b)(l1)(A) as the only well on a tract of land of 35 acres described as that portion of the S %a, SE %., Sec. 20, Twp. 7 South, Rng. 87 West, 6th P.M., Garfiold County. Reference attached exhibit A (Southerly Well Parcel). Physical Well Address: 1030 County Road 102, Carbondale, CO 81623, 4) Approvod for a change in legal description for an existing well, Permit No. 215185 (canceled). The issuance of this permit hereby cancels Permit No. 215185. 5) Approvod for the use of an existing well constructed under Permit 115055 to a unknown depth, estimated construction date between July 14, 1980 and July 14, 1982 and re -permitted under permit no. 215 185 (cancelled). 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 7) The maximus' pumping rate shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be located not more than 200 feet from the location specified on this permit. NOTE: Expired permit nos. 105049, 115055 & 156763, was previously issued for this rot. Parcel Identification Number (PIN): 23-2391-204-00-061 Assessor Tax Schedule Number: 011266 /52- 9/7 7 APPROVED DMW Receipt No. Stela ErWir[eer DATE ISSUED AUG 18 1099 EXPIRATION DATE AUG 18 2001 By 20"d 600.0N 00:S 66 L1 1-30 S99S-S176-202: 031 S (IG du11-03S ,Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO D 'ION OF WATER RESOURCES 1111 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 2 � 8qq7 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot Block: Filing: Subdiv: EUGENE CHIARELLI C/o CALOIA & HOUPT, P.C. 1204 GRAND AVE. GLENWOOD SPRINGS, CO 81601 (970)945-6067 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 20 Twp 7 S Rng 87 W 6th P.M. DISTANCES FROM SECTION LINES 860 Ft. from SOUTH Section Line 1460 Ft. from EAST Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402.2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of ±35.011 acres described as that portion of the S Yz, SE %, Sec. 20, Twp. 7 South, Rng. 87 West, 6th P.M„ Garfield County. Reference attached exhibit A (Northerly Well Parcel). 4) Approved for a change in legal description of Permit No. 217374 (canceled). The issuance of this permit hereby cancels Permit No. 217374. 5) Approved for the installation of a pump in, and the use of, an existing well, constructed on 06/24/99, to a depth of 213 feet, under monitoring hole notice MH -36396, acknowledged 06/23/99. 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside ;: to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 7) The maximum pumping rate shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located 9) This well shall be located not more than 200 feet from the location specified on this permit. NOTE: Expired permit 150428, was previously issued for this parcel. -,.''., 'A. -- Parcel —.Parcel identification Number (PIN): 23-2391-204-00-062 g// 7/9? Assessor Tax Schedule Number: 011148 APPROVED DMW Receipt No. Statq Engingqr By DATE ISSUED AUG 1 8 1999 EXPIRATION DATE AUG 1 8 2001 ZO'd 600.0N 6S:t7 66 ZZ ;30 S99S-S176-202:331 S (IQ elim-03S 11911111111111111111111111111111116111111111111111 II I 551221 08/27/1999 03.591, 81147 P832 ORF 1 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO WELLSHARING, ROAD -SHARING AND EASEMENT AGREEMENT (Lots A, B and 35 -acre parcel) THIS WELL -SHARING, ROAD -SHARING AND EASEMENT AGREEMENT ("Agreement ") is made this';, t ?day of August, 1999, by and between MF WILENTA, INC., a Colorado corporation (hereinafter "Corporation") and EUGENE CHIARELLI, LLC, a Colorado limited liability company ("LLC"). WITNESSETH: WHEREAS, Corporation is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described in Corporation's Warranty Deed recorded on March 2, 1999, with the Clerk and Recorder for Garfield County, Colorado as Reception No. 541055 in Book 1117 at Page 209; and WHEREAS, said three parcels are referred to herein as Lots "A," "B," and "C," and such parcel designations as used herein correspond to those established in Corporation's Correction Quitclaim Deed attached hereto as Exhibit "A" (and heretofore recorded with the Clerk and Recorder of Garfield County, Colorado) by which certain lot line adjustments were accomplished and by which two of the three parcels were re -designated from their original designations appearing in Corporation's Warranty Deed); and WHEREAS, LLC is the owner of a 35 -acre parcel of real property adjoining Lot A along the eastern boundary line of Lot A, located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6th P.M., more particularly described on Exhibit "B" attached hereto (referred to herein as the "35 -acre parcel"); and WHEREAS, a water well has been constructed on the northerly portion of Lot A and operates pursuant to Colorado Division of Water Resources Well Permit No.218997 owned by LLC, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns, and the watering of domestic animals; and WHEREAS, the parties hereto intend that the owners of Lots A, B and the 35 -acre parcel shall equally share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities; and WHEREAS, the Corporation intends to grant and establish herein perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lot B and the 35 -acre parcel; and WHEREAS, with respect to ingress and egress from a public road for the benefit of the 35 -acre parcel, the Corporation further intends that a road constructed and in place over and across Lot B, and providing direct access to Garfield County Road 102, shall also provide access for the CHIARELLI-2nd Well Sharing Agmt 2:111 1 IIlIii'01III 111111111111111 111111111 111111111111101 551221 08/27/1999 03:59P B1147 P833 h ALSDORF 2 of 12 R 60.00 D 0.00 GARFIFLD COUNTY CO Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC 35 -acre parcel to said County Road; and WHEREAS, with respect to private and public utilities for the 35 -acre parcel, it is the Corporation's further intent hereby to grant and establish easements as necessary across Lots A and B for the underground installation of utilities for the benefit of the 35 -acre parcel. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to grant, create and establish the following easements, covenants, conditions and restrictions that shall run with the land known and described hereinabove as Lots A, B and the 35 -acre parcel, and shall bind the parties hereto as the owners thereof, their grantees, successors and assigns: 1. Ownership of Well and Appurtenant Facilities; Easements for Pipelines. The owners of Lots A., B and the 35 -acre parcel each shall own, appurtenant to their respective property, an undivided one-third (1/3) interest in and to the well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the well. The owner of an individual property shall be the sole owner of any and all facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lot B and the 35 - acre parcel each are hereby granted a perpetual and non-exclusive easement over and across Lot A for the installation, use, maintenance, repair, service and replacement of the well and for pipelines and power lines installed and connected thereto to provide water to Lot B and the 35 -acre parcel, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient property owners in accordance with the criteria for the location of utility easements set forth in paragraph 7 below, including the provisions for surveying agreed-upon easement locations and recording the legal descriptions thereof. 2. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with the well, the pump, meter and appurtenant facilities for the withdrawal of water from the well shall be shared equally by the owners of Lots A, B and the 35 -acre parcel. Such costs shall be allocated one-third to each property, except a lot or parcel owner shall be solely responsible for the costs of maintenance, operation, repair, service and replacement of any facilities used exclusively for the benefit of such property, including individual service lines and storage tanks. The owners of Lots A, B and the 35 -acre parcel shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the owners are unable to so agree, then any owner of property subject hereto is entitled to undertake the minimal maintenance, repair, replacement, service and/or improvement necessary and essential for proper functioning of the well and common facilities. If an owner undertakes such work, it shall notify all other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners subject hereto with a written statement of the work performed, identifying each other owners' proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other owners as provided for common expenses under paragraph 9. CHIARELLI-2nd Well Sharing Agmt -2- 1 Rill 11111 111111 111111 111 11111111Ni 551221 08/27/1999 03:59P B1147 P834 M ALSDORF 3 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC 3. Use of Water. The owners of Lots A, B and the 35 -acre parcel shall be entitled to use water from the well for one single-family dwelling unit (whether primary or accessory) per lot (or parcel), to irrigate up to one-third acre of lawn and garden per lot (or parcel) and to water up to two domestic animals. All such uses shall be made in accordance with the terms and conditions of the well permit. The owners of said properties shall be entitled to use so much of the water from the well (up to their limit) as needed so long as diversions from the well at no time exceed 15 g.p.m. If, from time to time, the well does not provide water at the rate of 15 g.p.m., each property shall be entitled to its pro -rata share of the available water. Domestic, in-house uses shall take priority over outside uses. 4. Installation of Facilities. The owners of Lots A, B and the 35 -acre parcel may install a power source, meter, pipelines and other facilities in and to the well to serve their lots. Each such owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 5. Access Easements. By separate recorded instrument, the owners of Lots A, B and C share access to their lots under a common easement across a road constructed and in place on Lot B providing access to Garfield County Road 102. The Corporation hereby grants to the LLC, for the benefit of the 35 -acre parcel, an interest in common with Lots A, B and C in the perpetual and nonexclusive easement over and across the access road. Said common easement shall be twenty (20) feet in width, ten (10) feet on either side of the centerline of the existing access road. Additionally, the Corporation hereby grants to the LLC a perpetual and nonexclusive easement for access for the benefit of the 35 -acre parcel from the existing access road over and across Lots A and B to the boundary of the 35 -acre parcel in such reasonable location across Lots A and B as the owners thereof and the owner of the 35 -acre parcel shall hereafter agree ("access road extension"). Once a location for the access road extension is agreed upon, the owner of the 35 -acre parcel shall have such location professionally surveyed and the legal description shall be recorded with the Clerk and Recorder of Garfield County, Colorado with a cross-reference to this Agreement. 6. Road Improvement, Maintenance and Expenses. By separate recorded instrument, the owners of Lots A, B and C are subject to a joint obligation to maintain, repair and service the access road and pay expenses therefore, for that portion of the access road used in common by such lots (or any two of them). Once the owner of the 35 -acre parcel commences using the access road, such owner shall share with the owners of Lots A, B and C said common expenses for the maintenance, service and repair of the access road (including regrading, snowplowing and resurfacing, as necessary). For the access road extension, the owner of the 35 -acre parcel shall bear the cost of constructing, maintaining, repairing and servicing said extension, except if any portion of such extension is commonly used by Lots A and/or B, then the owner(s) of such Lot(s) shall also share the cost of construction, maintenance, repair and service. No property owner shall be responsible to pay for construction, maintenance, service or repair costs for any portion of the access road or extension thereto not used by such owner. 7. Utility Easements. The Corporation hereby grants a perpetual and nonexclusive CHIARELLI-2nd Well Sharing Agmt -3- !11 iI11111111111M111111111111111 111 11111 1111 II11 551221 08/27/1999 03:59P B1147 P835 M ALSDORF 4 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC easement across Lots A and B for the benefit of the 35 -acre parcel for the purpose of installation, use, maintenance and repair of utility lines, both public and/or private. The owner of the 35 -acre parcel shall be entitled to install utility lines and/or connect onto existing utilities on either or both of Lots A and B in such reasonable locations as determined in accordance with the provisions below in this paragraph. The owner of the 35 -acre parcel installing a utility line and/or connecting to an existing utility line shall be solely responsible for payment of thereof, and shall reimburse to the existing utility user(s) their proportionate cost of construction and installation of all commonly - used portions. All utilities shall be installed underground. Where possible, all utilities shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible, and in those instances where a utility easement is not described on another recorded document, the owner installing the utility line shall confer with the affected servient lot owner and mutually agree upon a location for installation that does not interfere with existing or proposed structures and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the -legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to this Agreement. 8. Waste. No property owner shall waste water and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 9. Payment of Common Expenses. The owner(s) of a lot or parcel shall pay their proportionate share of common expenses no later than thirty (30) days after the date an invoice or written statement of expenses is presented for payment. If an owner fails to pay its share of common expenses within sixty (60) days of presentment, interest on all unpaid amounts shall accrue at ten percent (10%) per annum, commencing sixty (60) days after presentment. If an owner fails to pay all amounts due with interest thereon within six months after the date of presentment for payment, any owner who has paid part or all of such common costs and expenses shall be entitled to pursue all remedies available at law or in equity and shall be entitled to recover reasonable attorneys' fees and costs incurred therefore. Nothing shall obligate an owner to pay utility charges if said owner has not yet connected onto the utility. 10. Notice. Any written notice to a property owner contemplated under this Agreement shall be provided by personal delivery or by certified mail, return receipt requested, sent to the addressee at his mailing address of record according to the records of the Assessor for Garfield County, Colorado. 11. Enforcement. Each property owner subject to this Agreement shall have the right to enforce this Agreement or seek redress for breach hereof by all remedies available at law or CHIARELLI-2nd Well Sharing Agmt -4- 1Rill 11111111111111111ill 1111111 N1111 111111 1111E1 551221 08/27/1999 03:59P B1147 P836 M ALSDORF 5 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC equity. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 12. Binding Effect; Covenant to Run with Land. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the owners of Lots A, B and the 35 - acre parcel, their successors and assigns, forever. Upon execution, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office and shall run with the lands known herein as Lots A, B and the 35 -acre parcel. 13. Amendment; Termination. This Agreement may be amended, supplemented or terminated by a written instrument executed by all owners of record of the property subject hereto, together with the written consent of all persons (if any) with a beneficial interest in any property subject hereto under a deed of trust or mortgage duly recorded with the Clerk and Recorder for Garfield County. The recording of legal descriptions for the agreed-upon location of easements to be determined hereunder, shall not constitute an amendment or supplement to these Covenants within the meaning of this paragraph. 14. No common interest community or planned community. It is not the intent of the parties hereto to create or establish a common interest community or planned community within the meaning of Section 38-33.3-101, et seq. of the Colorado Common Interest Ownership Act. 15. Severability. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect or impair the validity, legality or enforceability of the Agreement or of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provisions. 16. Plural; Gender. The singular as used in this Agreement shall include the plural where applicable and vice versa. The use of gender herein is for grammatical purposes only. IN WITNESS WHEREOF this Agreement is made on the day and year first written above. MF WILENTA, INC. ._ _ By� a l I Eugene Chiarelli, President CHIARELLI-2nd Well Sharing Agmt EUGENE CHIARELLI, LLC Eugene Chiarelli, Member By- ,„/. (Acknowledgment on following page) -5- 111E1iIIIIIfIIIIIIIVIIIIIWIIIVIII�,lllllllllllll • 551221 68/27/1969 03:59P B1147 6 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Well Sharing Agreement MF Wilenta, Inc./Eugene Chiarelli, LLC STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this ,�'? day of AtE.,/,./.1- 1999, by Eugene Chiarelli in his capacity as President of MF Wilenta, Inc. and in his capacity as Member of Eugene Chiarelli, LLC. WITNESS myhand and official seal. ,e,:`r'r.iF ' My Commission expires: lat2,5/CV i .<)--Q-o- ,,JT. UBL\•''P,*' .00. A) X711 F.C()'K-. P \ / / i / •Iti'vtilli". /� /// d ') /iiiS nq v f,0�/m02,ij'tpd dXFII�Et: Notary Fr„,,,,,, i CHIARELLI-2nd Well Sharing Agmt -6- 111111 lI►►► Ili►►► II►►►1 1►I ►IIijiIII III I 111 II 551221 08/27/1999 03,59P 81147 P838 M ALSDORF 7 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO CORRECTION QUITCLAIM DEED EXHIBIT "A" TO WELL—SHARING AGREEMENT (6 pages) THIS CORRECTION QUITCLAIM DEED is made this 6 / day of August, 1999, between MF WILENTA, INC., a Colorado corporation ("Grantor") and MF WILENTA, INC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/I00 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: This Correction Quitclaim Deed is intended to accomplish boundary line adjustments among three parcels conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209. Said parcels were created by approved subdivision exemption prior to the requirement for platting such exemptions; accordingly, there is no exemption plat of record. A Boundary Line Affidavit by MF Wilenta, Inc. has been recorded heretofore with the Garfield County Clerk and Recorder. The three parcels conveyed in the above -referenced Warranty Deed (Reception No. 541055) are designated in said Warranty Deed as "Parcel A," "Parcel B" and "Parcel C." As part of the boundary line adjustment accomplished hereby, this Correction Quitclaim Deed also serves to re -designate two of the parcels as follows: that certain parcel designated in said Warranty Deed as "Parcel B" is hereby re -designated as "Parcel C" (said parcel is the most westerly of the three parcels); and that certain parcel designated in said Warranty Deed as "Parcel C" is hereby re -designated as "Parcel B." That certain parcel designated in said Warranty Deed as "Parcel A" shall continue to be known as "Parcel A" (said "Parcel A" is the most easterly of the three parcels). Based ori the re -designation of Parcels B and C set forth in the immediately preceding paragraph, the boundary line adjustments between Parcels A, B and C shall be accomplished by the transfer of smaller parcels described in Exhibits A, B, C & D attached hereto and incorporated herein by this reference. The references to Parcels A, B and C in said attached Exhibits are to those parcels as re -designated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: MF WILENTA, INC., A Colorado co ration By: T1'gene hiarelli, resident [acknowledgement 011 following page] II1IIIINil IIIIII11111III IIIIII II III 111111111IHI • 551221 08/27/1999 03:59P B1147 P839 M ALSDORf 8 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Correction Quitclaim Deed Page 2 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me this 2 day of August, 1999, by Eugene Chiarelli as President of MF Wilenta, Inc., a Colorado corporation. WITNESS my hand and official seals.: Ir.ont lesion expires: /0 /25 ;;.k ) • V53:.,/)013 /e) 0, A_ (1 apprj: �.�..` • otary Public MY COMMISSION EXPIRES: OCTOBER 25, 2000 CHIARELLI-Correction Quitclaim Decd -I -2- Milli HI hill 111111 111 Illpll 118111 VIII 1111 IIII 551221 08/27/1999 03:59P 81147 P840 M ALSDORF 9 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Parcel c to Parcel 13 EXHIBIT "A" TO CORIECTION QUITCLAIM DEED A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows; Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W k, 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along said fence to an angle point in said fence; thence N 89°32'41"W 689.37 feet elohg saki fence to the True Point of Beginning; thence N 89°32'41'W 32.t32 feet; thence N 32°43'46"E 60.69 feet; _ thence South 51.32 feet to the point of beginning, containing 842 square feet - more or Tess. Lines in Space P.O. E3ox 121 Carbondale, Co. 81623 8 July 1999 After recording please return to: CALOIA & HOUP1, P.C. 1204 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 111111 11111 II1I lIIII III 1111111 SII III 111111 111 III! 551221 08/27/1999 03:59P 61147 P841 M FILSDORF 10 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO • EXHIBIT "I3" TO CORR. QUITCLAIM DEED Parcel A to Parcel . 13 A parcel of land sitUated in the W1/28E1/4 of Section 20, Township 7 South, Range 07 West of the 5°i Pfihcipei Meridien, Garfield County, Colorado, and being trtore particulatly described ag tulloWs: Beginning at the SbUthe st CorH@l bt bald Section 20; thence N 49°56'45"W 2055.25 Leet to a point twi thb SollthbrIy right -et -Way Zine of Garfield County EZoad No. 102, the TrUe Point bt t egihhirg; thence S 89°34'39"C 74.93 teet _ along said Southerly right -of -Way line; thOHO S 00'3i100'W 500.00 feet; thence North 494.90 feet to the true point bt hoginning, containing 0.426 acre more Or - less. Lines in Space P.O. Box 121 Carbondale, Co. 131623 0 July 1999 11111111111111111111111111111II111111111111111111111 551221 08/27/1999 03:59P 81147 P842 M ALSDORF 11 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO EXHII3IT "C" TO CORRECTION QUITCLAIM DEED ParcelD to Parcel .11. A parcel of land situated in the W1/28L1/4 bf Section 20, Township 7 South, kat -Igo 87 West of the 614 Ptlricipal WHIM, Garfield County, Colorado, and being Ettore particulerly dt §t;ribdd Et6 fdildft Beginning at the SoUtheast Cbrridt- dt §aid Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boutidety line bt said Section 20 to a point in a fence; thence North 19.50 feet alortg Mid fetiCe td an angle point in said fence; thence N 89°32'41''W 26.0t) feet td tho trod Pbiht bt Beginning; thence N - 89°32'41 "W 391.66 feet 1Iotig said tette; (hence North 120.50 feet; thence N. - 12°26'34"E 367.65 feet; thence N -18'2092t 210.12 feet; thence N 10°17'38"E - 143.92 feet; thence South 242.06 feet; thence S 80°00'00"E 440.52 feet; thence South 200.01 feet to the ttUe Point of beginning, containing 3.846 acres more or less. Lines in Space P.O. t3ox 121 Carbondale, Co. 81623 8 July 1999 11E1 11111 111111 111111 111 111111 III 1111 551721 08/27/1999 03:59P B1147 P843 M ALSDORF 12 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "D" TO CORRECTION QUITCLAIM DEED Parcel n to Parcel c A parcel of lend situated in the W1/25I1/4 of Section 20, township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described a§ tolloWS: t3eginning at the Southeast Corner t!t Said Sectioh 20; thence S 89°19'41"W 1329.00 feet along the Southerly, boUhdary like of said Section 20 to a point in a fence; thence North 19.50 feet alohg bald fehce to an angle point in said fence; thence N 89°32'41'W 689,V feet along 8dId fehce; thence North 51.32 feet #o the True Point of beginning; thence North 248.68 feet; thence N 30°00'00"E 120.00 feet; thence North 353.71 feeti thence N 30'00'00"E 230.94 fleet; thence North 357.54 feet to a point oh (ha Southerly right -of -Way Zine of Garfield County road No. 102; thence S t1g'34'35' L 171,10 feet along said Southerly right-of- way line; thence S 07°26'49'W 155.511 feet td a power pole in place; thence S 08°03'37"W 742.72 feet to a powei- held ki place; thence S 26°32'01"W 81.36 feet; thence S 04°21412'' W 105.30 Leet; thence S 56°01'35"W 159.23 feet; thence S 32°43'46'W 74.24 feet to the true point of beginning, containing 4.521 acres more or Tess. Lines in Space P.O. box 121 Carbondale, Co. 81623 6 July 1999 I IrIIIII' EII,IIIIII IIIIII 111 IIIIIII II III 1111111111111 551220 08/27/1999 03:56P B1147 821 M fLSDORF 1 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO • RECEIVE.°1 FEB 1 5 2001 DECLARATION OF WELL -SHARING, EASEMENT and ROAD -SHARING COVENANTS (Lots A, B and C) THIS DECLARATION OF WELL -SHARING, EASEMENT AND ROAD -SHARING Covenants ("Covenants") is made this r7),`,f clay of August, 1999, by MF WILENTA, INC., a Colorado corporation (hereinafter "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property divided by previous subdivision exemption into three parcels located in Garfield County, Colorado, situate in Section 20, Township 7 South, Range 87 West of the 6111 P.M., more particularly described in Declarant's Warranty Deed recorded on March 2, 1999, with the Clerk and Recorder for Garfield County, Colorado as Reception No. 541055 in Book 1117 at Page 209; and WHEREAS, said three parcels are referred to herein as Lots "A," "B," and "C," and such parcel designations correspond to those established in Declarant's Correction Quitclaim Deed attached hereto as Exhibit "A" (and heretofore recorded with the Clerk and Recorder of Garfield County, Colorado) by which certain lot line adjustments were accomplished and by which two of the three parcels were re -designated from their original designations appearing in Declarant's Warranty Deed); and WHEREAS, a water well has been constructed on the southerly portion of Lot B and operates pursuant to Colorado Division of Water Resources Well Permit No. 218996, and is permitted for up to 15 gallons per minute (g.p.m.) of water for fire protection, ordinary household purposes inside up to three single family dwellings, the irrigation of not more than one acre of domestic gardens and lawns and the watering of domestic animals; and WHEREAS, it is the Declarant's intent that the owners of Lots A, B and C shall equally own and share use of the well, the well permit therefor, the pump, meter and all appurtenant facilities thereto; and WHEREAS, it is the Declarant's further intent to grant and establish perpetual and non- exclusive easements for water and power conveyance from the well to the boundaries of Lots A and C; and WHEREAS, with respect to ingress and egress from a public road, it is the Declarant's further intent that a road constructed and in peace over and across Lot B and providing direct access to Garfield County Road 102, shall also provide access for Lots A and C to said County Road under a common access easement; and WHEREAS, with respect to public and private utilities, it is the Declarant's further intent hereby to grant and establish easements across Lots A, B and C as necessary for the underground installation of utilities for the benefit of such Lots. CHIARELLT-1st Well Sharing Agmt ri 15M111EPERIEFINMI.EIPILME11I11111111111111117 P822 M ALSDORF 2 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO DECLARATION Page 2 of 5 DECLARATION NOW, THEREFORE, by this instrument the Declarant grants, creates and establishes the following easements, covenants, conditions and restrictions to run with the land known and described hereinabove as Lots A, B and C, which shall bind the Declarant, as owner thereof, and its grantees, successors and assigns: 1. Ownership of Well and Appurtenant Facilities; Easements for Pipelines. The respective owners of Lots A, B and C each shall own, appurtenant to their respective Lots, an undivided one-third (1/3) interest in and to the well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the well. The owner of an individual lot shall be the sole owner of any and all facilities used exclusively for the benefit of such lot, including individual service lines and storage tanks. The owners of Lots A and C each are hereby granted a perpetual and non-exclusive easement over and across Lot B for the installation, use, maintenance, service, repair and replacement of the well and for pipelines and power lines installed and connected thereto to provide water to Lots A and C, such easements being no more than twenty (20) feet in width. The location of such easements shall be agreed upon by the dominant and servient lot owners in accordance with the criteria for the location of utility easements set forth in paragraph 7 below, including the provisions for surveying agreed-upon easement locations and recording the legal descriptions thereof. 2. Operation, Maintenance and Repair Costs. All costs of operation, maintenance, replacement, service and repair associated with the well, the pump, meter and associated facilities for the withdrawal of water from the well shall be shared equally by the lot owners. Such costs shall be allocated one-third to each lot, except a lot owner shall be solely responsible for the cost of maintenance, operation, repair, and replacement of facilities used exclusively by such lot owner, including individual service lines and storage tanks. The lot owners shall use their best efforts to agree upon all necessary maintenance, repairs, service, replacement, and/or improvements of common well -related facilities. If the lot owners are unable to so agree, any lot owner is entitled to undertake the minimal maintenance, repair, replacement, service or improvement necessary and essential for proper functioning of the well and associated common facilities. If a lot owner undertakes such work, it shall notify the other lot owners in writing. The lot owner undertaking the work shall, upon completion, provide the other lot owners with a written statement of the work performed, identifying each other owner's proportionate share of the costs, which shall be deemed common expenses and paid promptly by the other lot owners as provided for common expenses under paragraph 9 below. 3. Use of Water. The owners of Lots A, B and C shall be entitled to use water from the well for one single-family dwelling per lot (whether primary or accessory), to irrigate up to one-third acre of lawn and garden per lot, and to water up to two domestic animals per lot. All such uses shall be made in accordance with the terms and conditions of the well permit. Lot owners shall be entitled to use so much of the water from the well (up to their limit) as needed, so CHIARELLI-1st Well Sharing Agmt ig�pii�;ni20 rugpi�uu3iiiiiiipi,iJµiiinin3 M iiiiini • 3 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO DECLARATION Page 3 of 5 long as diversions from the well at no time exceed 15 g.p.m. If, from time to time, the well does not provide water at the rate of 15 g.p.m., each lot shall be entitled to its pro -rata share of the available water. Domestic, in-house uses shall take priority over outside uses. 4. Installation of Facilities. If necessary, the owners of Lots A and C may install a power source, meter, pipelines and other facilities in and to the well to serve their lots. A lot owner shall install such facilities at his sole expense, including the expense of any modifications or damage to existing facilities that may be caused by connecting thereto. 5. Access Easements. A perpetual, nonexclusive and common easement twenty (20) feet in width is hereby granted for the benefit of Lots A, B and C over and across an access road constructed and in place on Lot B, for the purpose of providing access to Lots A, B and C from Garfield County Road 102. The easement shall be ten (10) feet in width on either side of the centerline of the existing access road. Additionally, the owners of Lots A and C each are hereby granted a perpetual and nonexclusive easement in such reasonable locations across Lot B as the owner of Lot B shall hereafter agree, for the purpose of constructing driveway extensions from the existing access road, one extension to the boundary of Lot A and one extension to the boundary of Lot C. Once a location for an extension is agreed upon, the owner of the lot benefitted thereby shall have such location professionally surveyed and the legal description shall be recorded with the Clerk and Recorder of Garfield County, Colorado with a cross-reference to these Covenants. 6. Road Improvements, Maintenance and Expenses. The costs of maintaining, repairing and improving that part of the access road benefitting all lots (including regrading, snowplowing, and resurfacing, when necessary) shall be a common expense within the meaning of paragraph 9 below, shared by the owners of all lots in proportion to the length of access road used by each owner to the length of access road used commonly by all owners. The lot owner benefitted by an access road extension to their lot shall be solely responsible for the construction, maintenance, servicing and repair of said access road extension, and all costs associated therewith. Declarant hereby reserves the right to grant additional easements for access over and across the access road for the benefit of property other than Lots A, B and C, so long as each new user is required to proportionately share in the costs of maintaining, repairing and improving that portion of the access road used in common with Lots A, B and/or C. 7. Utility Easements. Mutual, perpetual and nonexclusive easements are hereby granted and established by Declarant across each of Lots A, B and C as necessary for the benefit of each other said Lot for the purpose of installation, use, maintenance and repair of utility lines, public and/or private. The owner of a Lot shall be entitled to install new utility lines and/or connect onto existing utilities in place on either or both of the other Lots, in such reasonable locations as determined in accordance with the provisions below in this paragraph. The owner of a lot installing a new utility line and/or making a connection to an existing utility line shall be solely responsible for payment of such installation and/or connection. Additionally, an owner connecting to an existing utility line shall reimburse to the existing utility user(s) their proportionate cost of construction and installation of the commonly -used portions. All utilities shall CHIARELLI-1st Well Sharing Agmt 111111 11111 111111111111 111 111111 11111111111111 I111 • 551220 08/27/1999 03:38P B1147 P824 M ALSDORF 4 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO DECLARATION Page 4 of 5 be installed underground. Where possible, all utilities shall be installed within the access road easement (or agreed-upon extensions thereof). If installation of a utility line in the access road easement is not possible, and in those instances where a utility easement is not described on another recorded document, the lot owner installing the utility line shall confer with the affected servient lot owner(s) to mutually agree upon a location for installation that does not interfere with existing or proposed structures and that will cause the least amount of disturbance to existing vegetation, especially mature trees and shrubs, and other major landscaping features. After installation, all disturbed surface areas shall be reclaimed by revegetation of the area. No structural improvements, trees or shrubs shall thereafter be constructed or planted in an established easement area so as to interfere with the repair and replacement of utility lines. All utility easements shall be twenty (20) feet in width unless otherwise designated by amendment or supplement hereto. The location of utility easements, once established, shall be professionally surveyed by the newly -connecting user and the legal description shall be recorded with the Clerk and Recorder of Garfield County with a cross-reference to these Covenants. 8. Waste. No lot owner shall waste water and each lot owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 9. Payment of Common Expenses. The owner(s) of a lot shall pay their proportionate share of common expenses no later than thirty (30) days after the date an invoice or written statement of expenses is presented for payment. In the event a lot owner fails to pay its share of common expenses within sixty (60) days of presentment, interest on all unpaid amounts shall accrue at ten percent (10%) per annum, commencing sixty (60) days after presentment. If a lot owner fails to pay all amounts due with interest thereon within six months after the date of presentment for payment, any lot owner who has paid part or all of such common costs and expenses shall be entitled to pursue all remedies available at law or in equity and shall be entitled to recover reasonable attorneys' fees and costs incurred therefore. Nothing shall obligate a lot owner to pay utility charges if said owner has not yet connected onto the utility. 10. Notice. Any written notice to a property owner contemplated under these Covenants shall be provided by personal delivery or by certified mail, return receipt requested, sent to the addressee at his mailing address of record according to the records of the Assessor for Garfield County, Colorado. 11. Enforcement. Each lot owner shall have the right to enforce these Covenants, or seek redress for a breach hereof, by pursuit of all remedies available at law or equity. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 12. Binding Effect; Covenant to Run with Land. These Covenants shall inure to the benefit of and be binding upon the owners of Lots A, B and C, their grantees, successors and assigns. Upon execution, these Covenants shall be recorded with the Garfield County Clerk and CHIARELLI-lst Well Sharing Agmt 111.111 Hill Hili! 1111111111111111110111111111111Illi 551220 08/27/1999 03:56P B1147 P825 M (ILSDORF 5 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO DECLARATION Page 5 of 5 Recorder and shall run with the lands described herein as Lots A, B and C. 13. Amendment; Termination. This Agreement may be amended, supplemented or terminated only by a written instrument executed by all owners of record of Lots A, B and C, together with the written consent of all persons (if any) holding a beneficial interest in a lot under a deed of trust or mortgage duly recorded with the Clerk and Recorder for Garfield County, Colorado. The recording of legal descriptions for the agreed-upon location of easements to be determined hereunder, shall not constitute an amendment or supplement to these Covenants within the meaning of this paragraph. 14. No common interest community or planned community. It is not the Declarant's intent hereby to create or establish a common interest community or planned community within the meaning of Section 38-33.3-101, et seq. of the Colorado Common Interest Ownership Act. 15. Severability. If any provision of these Covenants shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect or impair the validity, legality or enforceability of any other provision hereof, and there shall be substituted for the affected provision, a valid and enforceable provision as similar as possible to the affected provision(s). 16. Plural; Gender. The singular as used in these Covenants shall include the plural where applicable and vice versa. The use of gender herein is for grammatical purposes only. IN WITNESS WHEREOF these Covenants are made on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this 2,11 day of 40,,57-- 1999, by Eugene Chiarelli in his capacity as President of MF Wilenta, Inc. ss. i MF WILENTA, INC. — Eugene Chiarelli, President aatuuu 1'i J WITNESS my hand and official seal. My Commission ex Ites'``• f,' : s Notary Public 131-V�:oo,,. COMMISSION EXPIRES: u;'TO['[ti 2 20,'r CHIARELLI-1st Well Sharing Agmt HI1i IiI IIIIII IIIIII 11 IIIIIII I III VIII II1111 551220 08/27/1999 03:56P B1147 P826 M RLSDORF 6 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO • EXHIBIT "A" to DECLARATION OF WELL CORRECTION QUITCLAIM DEED SHARING, e t c COVENANTS (6 pages) THIS CORRECTION QUITCLAIM DEED is made this r U day of August, 1999, between MF WILENTA, INC., a Colorado corporation ("Grantor") and MF WILENTA, INC. ("Grantee"), whose address is 1030 County Road 102, Carbondale, Colorado 81623: WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all interest of the Grantor in and to real property, together with improvements, if any, situated in Section 20, Township 7 South, Range 87 West of the 6th P.M., County of Garfield, State of Colorado, described as: This Correction Quitclaim Deed is intended to accomplish boundary line adjustments among three parcels conveyed to MF Wilenta, Inc. in that certain Warranty Deed recorded with the Garfield County Clerk and Recorder on March 2, 1999, as Reception No. 541055 in Book 1117 at Page 209. Said parcels were created by approved subdivision exemption prior to the requirement for platting such exemptions; accordingly, there is no exemption plat of record. A Boundary Line Affidavit by MF Wilenta, Inc. has been recorded heretofore with the Garfield County Clerk and Recorder. The three parcels conveyed in the above -referenced Warranty Deed (Reception No. 541055) are designated in said Warranty Deed as "Parcel A," "Parcel B" and "Parcel C." As part of the boundary line adjustment accomplished hereby, this Correction Quitclaim Deed also serves to re -designate two of the parcels as follows: that certain parcel designated in said Warranty Deed as "Parcel B" is hereby re -designated as "Parcel C" (said parcel is the most westerly of the three parcels); and that certain parcel designated in said Warranty Deed as "Parcel C" is hereby re -designated as "Parcel B." That certain parcel designated in said Warranty Deed as "Parcel A" shall continue to be known as "Parcel A" (said "Parcel A" is the most easterly of the three parcels). Based on the re -designation of Parcels B and C set forth in the immediately preceding paragraph, the boundary line adjustments between Parcels A, B and C shall be accomplished by the transfer of smaller parcels described in Exhibits A, B, C & D attached hereto and incorporated herein by this reference. The references to Parcels A, B and C in said attached Exhibits are to those parcels as re -designated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above. GRANTOR: By: ' MF WILENTA, INC-., A Colorado corptration diene hiarelli President [acknowledgement on following page] '1 111111 hIll H IIH�HIII 1111 1111551220 08/27/1999 03:56P 81147 P M ALSDORF 7 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO Correction Quitclaim Deed Page 2 STATE OF COLORADO ss. COUNTY OF GARFIELD ) The foregoing was acknowledged before me thisday of August, 1999, by Eugene Chiarelli as President of MF Wilenta, Inc., a Colorado corporation. �In11fgI, . _ WITNESS myhand and official seal /" 0 ,?5 :) �c • '�dti�ttii��sion expires: %J ii ._� � t. / OT/IA j j«-/ pfl( /",$ o l ;; o`\; otary Public MY COMMISSION EXPIRES: OCTOF3En 25, 2000 CHIARELLI-Correction Quitclaim Decd -1 -2- i- 1.1111. i I I I 11111111111111111111111 I I I 111111 11111111 551220 08/27/1999 03:55P B114 828 M ALSDORF 8 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO Parcel c to Parcel 13 EXHIBIT "A" TO CORPECTION QUITCLAIM DEED A parcel of land situated in the W1/2SE1/4 of Section 20, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at the Southeast Corner of said Section 20; thence S 89°19'41"W E. 1329.00 feet along the Southerly boundary line of said Section 20 to a point in a fence; thence North 19.50 feet along Said fence to an angle point in said fence; thence N 89°32'41'W 689.37 feet along said fence to the True Point of Beginning; thence N 89°32'41'W 32.82 feet; thence N 32°43'46"E 60.69 feet; thence South 51.32 feet to the poirit of beginning, containing 842 square feet - - more or less. Lines in Space P.O. Box 121 Carbondale, Co. 81623 8 July 1999 After recording please return Lo: CALOIA & NOUPT, PC. AVENUE1204 GRAND GLENW00D SPRINGS, CO 8160] 1111111 AIi1i 11illi 111111111 1111i1i Ali iii 11i1111ii 1111 • 551220 08/27/1999 03:D6P B1147 P829 M ALSDORF �. 9 of 11 R 55.00 D 0.081 GARFIELD COUNTY CO EXHIBIT "B" TO CORR. QUITCLAIM DEED Parcel A to Parcel . B A parcel of land situated in the W1/25L1/4 ot Section 20, Township 7 South, Range 87 West of the 0RR t tihcipal Meridian, Garfield County, Colorado, and being more particularly described a 1tolloWS: Beginning at the SbUtheast t otnet bt bald Section 20; thence N 49°56'45'W 2055.25 feet to a point dli rho boUthorly tight-ot-Way line ot Garfield County Road No. 102, the TrUe point bt degihhing; thence S 89°34'39"E 74.93 feet alohg said Southerly right-of-vWay Zinc; thdncc S OttsjP00 W 500.00 feet; thence North 494.90 foot to the true Point of beginning, cohtoihing 0.426 acre more 6r. Tess. Lines in Space P.O. Box 12.1 Carbondale, Co. 81623 8 July 1999 III fihil 111111 11111 111111111 LISI HTI I lI 551220 08/27/1999 03:55F' 81147 P830 M ALSDORF 10 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO EXIHIBIT "C" TO CORRECTION QUITCLAIM DEED Parceln to Parcel A. A parcel of land situated in the W1/25L1)4 bt Section 20, Township 7 South, Range 87 West tit the 6"1 principal Meridian, Gartield County, Colorado, and being wore particularly dot;ribod tib fblldW6; Beginning at the Southeast Corder Of bald er;tior120; thence S 89°19'41"W 1329.00 feet along the Sbuthetly boundary Brie bt sdid Section 20 to a point in a fence; thence North 19.54 feet along §ald tdtice to ah angle point in said fence; thence N 139°32`41''W 26.0d feet to the Crud pbiht of Beginning; thence N - 89°32'41' W 391.66 feet along said fenr:iji thence North 120.50 feet; thence N. - 12°26'34" E 367.65 feet; thence N 1tld26'12" L 210.12 feet; thence N 10°17'36"E 143.92 Leet; thence South 242.06 feet; thence S 30'00'00"L 440.52 feet; thence South 200.01 feet to the true point of beginning, cohtairling 3.846 acres more or less. Lines in Space P.O. t3ox 121 Carbondale, Co. 81623 6 July 1999 1111111 11111111111 1E11 111 1111111 IIEII 1111111111111 551220 08/27/1999 03:56P 81147 31 M ALSDORF 11 of 11 R 55.00 D 0.00 GARFIELD COUNTY CO `_ EXHIBIT "D" TO CORRECTION QUITCLAIM DEED Parcel B to Parcel c A parcel of land situated ir1 the W1/28E1/4 of Section 20, township 7 South, Range 87 West of the 6th principal Meridien, Garfield County, Colorado, and being more particularly described as folloWS: 13eginning at the SoUtheast Corner of said Section 20; thence S 89°19'41"W 1329.00 feet along the Southerly boUhdary line of Said Section 20 to a point in a fence; thence North 19.50 feet along bald fence to an angle point in said fence; thence N 89°32'41'W 689,37 feet alohg Said fehce; thence North 51.32 feet to the True Point of beginning; thence North 248.68 feet; thence N 30°00'00"E 120.00 feet; thence North 353.71 feet; thence N 30d00'00"E 230.94 feet; thence North 357.54 feet to a point on the Southerly right -of -Way line of Garfield County toad No. 102; thence S bJ834'39 171,10 feet along said Southerly right-of- way line; thence S 07°26'49'W19Y.66 i feet td a power pole in place; thence S 08°03'37"W 742.72 feet to a power bole In piece; thence S 26°32'01"W 81.36 feet; thence S 04°21'42'' W 105.30 feet; thence 8 56°01135"W 159.23 feet; thence S 32°43'46"W 74.24 feet to the true point of Beginning, containing 4.521 acres more or Tess. Lines in Space P.O. I3ox 121 Carbondale, Co. 81623 8 July 1999