Loading...
HomeMy WebLinkAbout1.0 ApplicationLAND USE CHANGE PERMIT APPLICATION FOR LOT 7 COTTONWOOD HOLLOW SUBDIVISION GARFIELD COUNTY, COLORADO HCE JOB NUMBER: 2151036.00 August 28, 2015 Revised October 9, 2015 Prepared for: Mr. Roger Eshelman 7378 County Road 100 Carbondale, CO 81623 Prepared by: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 TABLE OF CONTENTS LOT 7 COTTONWOOD HOLLOW SUBDIVISION LAND USE CHANGE PERMIT APPLICATION ADMINISTRATIVE REVIEW APPLICATION Application Form Payment Agreement Form Statement of Authority PROJECT NARRATIVE VICINITY MAP PROTECTIVE COVENANTS Original Subdivision Improvements Agreement Covenants Amended Covenants LEGALS & PUBLIC NOTICE INFORMATION Title Commitment Deed Adjacent Property Owners GEOLOGIC AND SOILS REPORT Geology Report Soil Conservation Service Map UTILITY REPORT Water Rights and Supply Letter Well Construction and Test Report State Division of Water Resouces Department State Engineer Augmentation Letters ACCESSORY DWELLING UNIT NARRATIVE WAIVERS Waiver to Submission Requirements Waivers of Standards TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 TAB 7 TAB 8 TAB 9 MISCELLANEOUS DATA — High Country Engineering Pre -Application Conference Summary Letter Carbondale and Rural Fire Protection District Letter Wildfire Hazard Map Soils Hazard Map Slope Hazard Map Wildlife Maps Comprehensive Plan 2030 Map Kerst & Strautman, P.C. — Lot 7 Access Driveway FINAL PLAN DRAWINGS Land Use Change Plan Set TAB 10 SEPARATE DOCUMENT 24"x36" SET Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP • Rezoning ❑ LIR ❑MIR ❑ SUP ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment' • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: (t 01 /16,e4 tri,ti�.. Mailing Address: 71 7 g L° (60 City: (Ce_ E-mail: re. i 6 r cam' t () . Phone: ( 9 State: C a Zip Code: R � G Representative (Authorization Required) Name: ().-. fl:I nehd1�a�,_ til, +C'01."�);e1("C.;'1*\") Phone: (9"716 ) 9ei S--76" Mailing Address: (5! 7 (3/ a(4e Ave s"N; Lc 10 City: G Ieuo d E-mail: State: Cr..) Zip Code: g 6'41 / PROJECT NAME AND LOCATION Project Name: Led+ ? i'c, 1.a,v,o v s'?41116A-1 Assessor's Parcel Number: 2 ) 9 7 - 1 2_ 7- 0 7- O G -7 Physical/Street Address: 1,l /A (.200 r, �c� ���(` '-� t -- f �• Legal Description: Lo -f 7 (04-11-4,-.%.40 od / /0/1d,Ai ` t,LaGi, l'a'-•\ Zone District: Property Size (acres): 5, PROJECT DESCRIPTION Existing Use: tel! PYO .0$- 41' is h: ild; j_ grtivelore rrJT mi► Sf el1 r5 f1.9iA1ek Le VAGO h^' I. . a 4o0et, Proposed Use (From Use Table 3-403): . a y wt. ill y NS# fid c.4 td Description of Project: t kt 1,„,,e0c? $ eartaA al., 14 --to C ww-t 1, e 4.5-4-t- 46 An Gi ct e 4 4 a Ney 101 C n vC.ic., e w �'6�; L. +1,z /we, ith.Oolt a"veloee( ;, .tee` 4 yebi. ca •F(d,, 4 MIA6 p! (e-4 'ISS La{` 7 G+1bir1 vidoJ+ s.‘ientwi.31"dk. REQUEST FOR WAIVERS Submission Requirements El The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4 -Zo 3 V Section: 4.-26 ) Section: 4- Z Q 3 6 (Po -44d Ki A Section: 'f-Zol -2473 W ¶o-4:0-; -zo-t (P0,4itun s of Waiver of Standards el The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7- 10-7 Section: Section: Section: I have read the statements above and have provided the requir¢d attached information which is correct and accurate to the best of my knowledge. Sign re of Property Dimer OFFICIAL USE ONLY File Number: Fee Paid: $ Canfield County PLANNING REVIEW PROCESS FEE SCHEDULE Section Review Process Land Use Change Permits Base Fee 4-103 Administrative Review $250 4-105 Limited Impact $400 4-106 Major Impact $525 4-107 Minor Temporary Employee Housing $250 4-107 Amendment to an approved LUCP $300 4-108 Vacation of a County Road or Public ROW $400 4-109 Development in 100 -year Floodplain $400 4-110 Development in 100 -year Floodplain Variance $250 4-111 Location and Extent Staff Hourly Rate 4-112 Call-up to the BOCC Staff Hourly Rate 4-113 Rezoning $450 4-114 Code Text Amendment $300 4-115 Variance $250 _ 4-116 Administrative Interpretation $250 4-117 Administrative Interpretation Appeal $250 4-118 Waiver of Standards _ *Part of Application 4-119 Accommodation Pursuant to the FFHA $250 6-202 PUD Zoning _ $500 6-203 PUD Zoning Amendment $300 7-707 Small Temporary Employee Housing $50 9-101 Pipeline Plan $400 14-302 1041: Areas & Activities of State Interest: Minor Permit $1,000 14-303 1041: Areas & Activities of State Interest: Major Permit $2,500 Takings Determination Staff Hourly Rate Chapter 4 Comprehensive Plan Amendment $450 Divisions of Land 5-202 Public/County Road Split Exemption $300 5-203 Rural Land Development Option Exemption $400 5-301 Minor Subdivision $400 5-302.6 Sketch Plan (Major or Conservation) $325 5-302.0 Preliminary Plan (Major or Conservation) $675 5-302,D Final Plan/Plat (Major or Conservation) $200 5-304 Preliminary Plan Amendment $325 5-305 Final Plat Amendment _ $100 5-306 Common Interest Community Subdivision $400 5-307 Vacating a plat $250 Staff Hourly Rate Director/Manager $50.50 Senior Planner $40.50 Administrative Assistant $30.00 Other Fees (Application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey) TBD Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") R49 qr m -.r4 Ae...{s _she I r,a v, agree as follows: 1. The Applicant has submitted to the County anJapplication tfor the following Project: Lao 7 (,.J4& nwootl 1.164(, j C41LOdib.ii 10Y1 LAN -Nei IA 3 ( 6-N4v,, "el 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: G Billing Contact Person: `-'C. L / 2/01 l Phone: (7e ) 7 3 Billing Contact Address:�,7 52 C. .r`.� City: c ��9S 1) .717-e— State: C6 Zip Codere, ?:3 Billing Contact Email: X,�2'—�'rl'd /fn) Printed Name of Person Authorized to Sign: (Signature) % (Date) Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of 1-1i�}� ('o,t,,er19e veleeviv‘on, a (0, pofe:44 " (corporation, limited liability company, genera partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is go, ev el -.d A -e ;r1, and is formed under the Taws of C916,0 d ) ESe1w,r�. The mailing address for the Entity is 1-7 (G,,.,„.eo,d Co 6[12'3- 6,'1X The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is ko g e PY©J4l-nt�i»E'er The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): The 1 r F�-�-/->�� �,_ 1 V�Drr,)1 id" 0-4 �ln v,,J NSe GOPIj C., Ti O�nS, (4-,,/ GT k'nd �n �l I1L Nnet-19/! Ooh hel'�A t/ , dt� g cr./ Gr, / A're ha, e—c- ,-{ilir Lu1-1rfo3N SN6dIvi5i,a,r, Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED thi 41 day of f et, , 20 Signature: - T",• - Name (printed): Title (if any): 6,2", 4../01 The •foregoing instrument was acknowledged before me this R. \ by ,\•,\ . on behalf of s Ls v1/45 . a STATE OF ;ti3`�)); ) �, )SS. COUNTY OF LT �,\'.)\ ) ) day ofl, 20 Witness my hand and official seal. 1 1 My commission expires: L�� ^ (1)\�_ s L EVAN. (Date) (Notary Public) [SEAL] Dan Dennison From: Roger B. Eshelman <rbeshelman@gmail.com> Sent: Thursday, September 24, 2015 1:07 PM To: Glenn Hartmann Cc: Dan Dennison Subject: Eshelman cottonwood hollow lot number seven Dear Glenn, Hi, Roger Eshelman, do hereby authorize Daniel Denison in addition to Roger Neal from Highcountry Engineering in Glenwood Springs Colorado to act as a representative of Roger and Amelia Eshelman in the land -use applications for lot seven Cottonwood Hollow Subdivision.This email shall serve as my personal release of authorization. Sincerely, Roger Eshelman Sent from my iPhone Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-123-02-007 DATE: 4/25/15 PROJECT: Accessory Dwelling Unit (ADU) Lot 7 Cottonwood Hollow Subdivision OWNER: Roger and Amelia Eshelman REPRESENTATIVE: Roger Eshelman and Thad Eshelman PRACTICAL LOCATION: Approximately 6 miles east of Highway 82 on County Road 113 in the Cottonwood Hollow Subdivision TYPE OF APPLICATION: Administrative Review for an ADU I. GENERAL PROJECT DESCRIPTION The Applicant is planning to request an ADU on Lot 7 of the Cottonwood Hollow Subdivision. The site is 5.3 acres in size. The proposed unit is anticipated to be located within an amended building envelope which the Applicant intends to pursue. In accordance with the ADU Standards contained in Section 7-701 of the Land Use and Development Code the maximum size of the unit will be 3,000 sq.ft. although a smaller unit may be proposed. Demonstration of water and sanitation services for the unit would be required and should be generally consistent with all existing approvals and conditions for the Cottonwood Hollow Subdivision. It is anticipated that the unit would be served by a well and a new on-site waste water disposal system. Information on whether the services will be shared with the primary residential unit should be provided. Any covenants for the Subdivision associated with this type of unit should also be provided. As the lot is currently vacant and would be improved with both the primary residence, the ADU and potentially other accessory structures, topics such as detailed site plan information, access driveway location/construction, site disturbance, grading and drainage, soils and geologic hazards all may be important considerations. The ADU request and the Amended Plat request can be considered concurrently but will involve separate application submittals, noticing, and Director's Decisions. II. SUMMARY OF REGULATORY PROVISIONS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Article III, Zoning • Rural Zone District - Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) o Article IV, Application and Review Procedures • Administrative Review Process (Section 4-103) • Common Review Procedures (Section 4-101) • Table 4-102 Common Review Procedures and Required Notice • Application Materials (Table 4-201 and Section 4-203) o Article VII, Standards -- Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable • Additional Standards Applicable to an Accessory Dwelling Unit (Section 7-701 see excerpt below) 7-701. ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,500 square feet for a lot Tess than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater. B. Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. C. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. D. Minimum Lot Area. The minimum Lot Size for an ADU is either: 1. 2 acres, or 2. For lots in zone districts with a minimum Lot Size of Tess than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. E. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit is required. III. ADMINISTRATIVE REVIEW PROCESS In summary, the Application will follow the Administrative Review Process contained in Sections 4-101, 4-103 and Table 4-102; 1. Pre -application Conference 2. Submittal of 3 hard copies of the Application along with 1 copy on a CD or memory card. 3. Review by staff for Technically Complete Status 4. If Technically Complete the Applicant will be notified and the request scheduled for a decision by the Director. If Not Technically Complete the Applicant will be advised of the deficiencies and updated information required. 5. Applicant completes public notice mailing by certified mail to adjacent property owners within 200 ft. and by certified mail — retum receipt requested to mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision. 6. Staff prepares a report including public and referral comments. 7. The Director's Decision is documented by letter and is subject to a 10 day call up period. 8. Director issues the Land Use Change Permit once the call up period has expired if no requests for a call-up are received and once all conditions of approval have been met. 9. The Applicant has one year from the date of the Director's Decision to meet all conditions of approval. IV. SUMMARY OF SUBMITTAL REQUIREMENTS — KEY TOPICS The pre -application discussion covered the basic submittal requirements as outlined in the Land Use and Development Code and summarized below: • General Application Forms and attachments (i.e. evidence of ownership, agreement to pay form, authorization to represent letter, etc.) • Application Fees • Narrative description of the proposal • List of property owners within 200 ft. and any mineral rights owners on the subject property • Vicinity Map • Site plan with information on proposed location of the ADU, other existing structures, and significant features on the property (Le. access driveways, building envelopes, easements, utilities, ditches etc.) • Water supply plan and supporting documentation (permits/legal source, physical pump test information, water quality test results) • Waste Water Plans and supporting documentation (any soils or design considerations and subdivision requirements such as engineered systems) • Information on grading needs to be provided or waivers requested. • Impact Analysis (waivers may be requested from some sections) • Information to address applicable sections of Article 7, Division 1, II, and Ill including Standards for ADU's, Comprehensive Plan consistency, information on utilities and geologic hazards and soils. • Information on legal access and physical access/driveways (waivers may need to be requested). • Traffic Study/Information or waivers requested. • Development Agreements and Improvements Agreements do not appear to be applicable. WAIVERS The Applicant may request waivers from submittal requirements in accordance with Section 4-202 and from Standards in accordance with Section 4-118 of the Land Use and Development Code. Both sections contain review criteria for approval of waivers which need to be addressed in the application submittals. A follow-up meeting or discussion with Staff on anticipated waiver requests is an option for the Applicant. A waiver request related to Comprehensive Plan consistency may be appropriate based on the proposed density. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director (not a public hearing but public notice required) Planning Commission Board of County Commissioners Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: Garfield County Road and Bridge Garfield County Attomey Fire Protection District Garfield County Environmental Health Manager Garfield County Vegetation Manager Homeowners Association (if an active association exists) V1. APPLICATION REVIEW FEES a. Planning Review Fees:$ 250.00 b. Referral Agency Fees: $ na (may be billed separately) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) 1 Step 3: Completeness Review A. Section 4-103 Administrative Garfield County Administrative Review Process (Section 4-103) Step 1: Pre -application Conference *Maybe waived by Director *Applicant has 6 months to submit application Step 2: Application Submittal • 10 business days to review e lf Incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice * Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral • 21 day comment period Step 6: Evolution by Director Step 7: Director's Decision •Call-up Period - within 10 days of Director's Decision 'Applicant has 1 year to meet any conditions of approval EXCERPT FROM FUTURE LAND USE MAP COMPREHENSIVE PLAN 2030 sks, Light Yellow = Residential Low Density Darker Yellow = Residential Medium Density White = Public Lands Open Space Red Band = Carbondale 3 Mile Area of Influence r FIRE • EMS • RESCUE August 13, 2015 Roger Eshelman 7378 County Road 100 Carbondale, CO 81623 RE: Lot 7, Cottonwood Hollow Subdivision Dear Roger, I appreciate the opportunity to meet with you to review your lot at Cottonwood Hollow Subdivision. I would offer the following comments: 1. The Fire District currently serves the property. The District provides both fire and emergency medical services. Station No. 85 on County Road 100 is the station nearest to the property. 2. Water supplies for fire protection would be provided by first responding fire apparatus with additional water provided by tanker shuttle. 3. Access to the property is via an existing driveway that passes through the adjacent Lot 8. The site distance on the existing driveway is adequate and no additional turnouts are necessary. The driveway has been used in the past for access to the existing residence by fire apparatus. In 2010 a nearby wildfire threatened homes in the subdivision. The driveway was used by fire apparatus assigned to provide structure protection the homes in the subdivision. Please contact me if you have any questions or if I may be of any assistance. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623.970-963-2491 Fax 970-963-0569 High High �— Moderate ; Moderate High Moder to Mode ate odera Ite Nig High High High High High High Jdate Moderate High High Moder to t o ate figh High H Mo Moder Moderate 1 der at( High Moderate aerate Mexate 1 1 Moderate \ Moderate Relative Wildfire Hazard Negligible/ Low indeterminate Moderate Extreme NOTE' 1) IMAGE PROVIDED BY GARFIELD COUNTY GIS DEPARTMENT OVERLAYING THE COTTONWOOD HOLLOW SUBDIVISION OVER THE COUNTY WILDFIRE HAZARD MAP WHICH IS BASED ON COLORADO STATE FOREST SERVICE WILDFIRE MAPPING PROCEDURES, 2) LOT 7 IS SHOWN TO BE BETWEEN THE LOW AND MODERATE LEVELS OF FIRE HAZARD. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM ESI1ELMAN GARFIELD COUNTY, CO OT 7 COTr0NWOOD HOLLOW WILDFIRE HAZARD MAP DRAWN BY: DRD SCALE: 1"=300' CHECKED BY: RDN PROJECT No: 2151036 DATE: PAGE: 8/25/15 1 FILE: J:/SDSKPROJ/2151036/DWG/WILDFIREMAP SITE L❑T 7 C❑TT❑NW❑❑D H❑LL❑W SUBDIVISI❑N IS SH❑WN T❑ BE OUTSIDE ❑F THE DELINEATED S❑IL HAZARD AREAS. THIS MAP IS BASED ❑N THE COUNTYWIDE 1975-76"GE❑L❑GIC HAZARDS IDENTIFICATI❑N STUDY" PREPARED BY LINC❑LN-DEV❑RE. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO LOT 7 COTTONWOOD HOLLOW SOIL HAZARD MAP DRAWN BY: DRD SCALE: 1 "= 2000' CHECKED BY: RDN PROJECT No: 2151036 DATE: PAGE: 10/8/15 1 FILE: J:/SDSKPROJ/2151036/DWG/SLOPEANALYSIS THE NORTH CORNER ❑F THE L❑T 7 C❑TT❑NW❑❑D H❑LL❑W SUBDIVISI❑N IS SH❑WN T❑ BE IN AN AREA ❑F MODERATE SL❑PE HAZARD (LIGHT ❑RANGE C❑L❑R). THE BUILDING ENVELOPES PROP❑SED ARE ON THE SOUTH END OF THE SITE ABOVE AB❑VE THE HAZARD AREA. THIS MAP IS BASED ❑N THE COUNTYWIDE 1975-76 "GE❑L❑GIC HAZARDS IDENTIFICATI❑N STUDY" PREPARED BY LINC❑LN-DEV❑RE. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO LOT 7 COTTONWOOD HOLLOW SLOPE HAZARD MAP DRAWN BY: DRD SCALE: 1 "= 2000' CHECKED BY: RDN PROJECT No: 2151036 DATE: PAGE: 10/8/15 1 FILE: J:/SDSKPROJ/2151036/DWG/SLOPEANALYSIS ELK: Overall Range Legend Limited Use Area Corer -ell Range ReekIsnl Population MULE DEER: Overall Range Legend BLACK BEAR Legend Owed Range anomer Ceneenlretion areas Fall Conoemtalion Areae 4''1'F BearfHumen Conflict 0 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945.8676 FAX (970) 945.2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO LOT 7 COTTONWOOD HOLLOW WILDLIFE MAPS DRAWN BY: DRD SCALE: NTS CHECKED BY: RDN PROJECT No: 2151036 DATE: PAGE: 10/8/15 1 FILE: J:/SDSKPROJ/2151036/DWG/WILDLIFE EXCERPT FROM FUTURE LAND USE MAP COMPREHENSIVE PLAN 2030 If L1 ry Light Yellow = Residential Low Density Darker Yellow = Residential Medium Density White = Public Lands — Open Space Red Band = Carbondale 3 Mile Area or Influence LOT 7 COTTONWOOD HOLLOW SUBDIVISI❑N IS IN THE MEDIUM RESIDENTIAL DENSITY (RES M - 6 TO < 10 AC/DU) LAND USE AREA BUT IS AN EXISTING SUBDIVISI❑N FROM 1984 THAT CREATED LOTS BETWEEN 3 AND 7.5 ACRES IN SIZE AND HAS MULITIPLE LOTS WHERE ADUs HAVE ALREADY BEEN CONSTRUCTED, HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO LOT 7 COTTONWOOD HOLLOW COMPREHENSIVE PLAN 2030 MAP DRAWN BY: DRD SCALE: 1"=4000' CHECKED BY: RDN PROJECT No: 2151036 DATE: PAGE: 10/8/15 1 FILE: J:/SDSKPROJ/2151036/DWG/COMFPLANMAP ATTORNEYS DAN KERST (1950-2015) CAROLYN M. STRAUTMAN carolyn@kerststrautman.com JEFF CHENEY jeff@kerststrautman.com SUSIE RICHARDSON susie@kerststrautman.com KERST & STRAUTMAN P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 www.kerststrautman.com September 25, 2015 PARALEGALS ELISABETH GETZEN egetzen@kerststrautman.com ASHLEIGH O'LEARY aoleary@kerststrautman.com Garfield County Building & Planning Division Mr. Glenn Hartmann 108 8th Street, Suite 401 Garfield County Planner, CO 81601 Re: Lot 7 -Cottonwood Hollow Estates -Application for Plat Amendment -Roger & Amelia Eshelman -Access Easement Dear Mr. Hartman: I represent Roger & Amelia Eshelman, the new owners of Lot 7 -Cottonwood Hollow Estates, and I have recently reviewed documentation associated with the Eshelmans' application for Plat Amendment. I believe that some question has arisen in regards to the Eshelmans' access easement which is a driveway that traverses over Lot 8, which is adjacent to Lot 7. It is my opinion that access to Lot 7 by way of a platted easement reflected on an Amended Plat recorded on February 6, 2003 at Garfield County Clerk & Recorder Reception No. 620279 ("Amended Plat") provides adequate legal access to Lot 7. Although it appears that the access driveway, as it has been used over the years, subtly departs from the borders of the platted easement, the historical prescriptive usage of the access over many years has created a prescriptive easement which provides the owners of Lot 7 the unquestionable ability to use the drive, as used, to access their property. Given the satisfaction of certain criteria, Colorado law supports a claimant's right to an easement by prescription. Lobato v. Taylor, 71 P.3d 938 (Colo. 2002). Adverse use is not required to substantiate a legal claim for a prescriptive easement. Maralex Resources, Inc. v. Chamberlain, 320 P.3d 399 (Colo. App. 2014). I believe the evidence regarding historical use by owners of Lot 7 prior to the Eshelman's and the owners of Lot 8, indicates that the driveway has been used, as is, for many years and therefore, there can be no legitimate question regarding the rightful access to Lot 7 by way of the driveway. Lastly, it is my understanding that the County has expressed an interest in the Eshelmans seeking to enter into an agreement regarding the maintenance of the driveway. Certainly, the Eshelman are quite willing to shoulder their burden with respect to the maintenance of the driveway and it is preferable that any allocation of maintenance responsibility be memorialized in Mr. Glen Hartman, Garfield County Planner September 25, 2015 Page 2 a written agreement. Consequently, the Eshelmans will make efforts to enter into such a desired agreement with the owners of Lot 8. However, the existence of such an agreement cannot act as a predicate or a legal precondition to the approval of their application to amend their plat. Therefore, I urge you to approve the application of Roger & Amelia Eshelman without requiring the existence of a maintenance agreement relative to the driveway access, because there is no legal requirement that such agreement exist. Yours very truly, August 18, 2015 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Lot 7 Cottonwood. Hollow Subdivision Land Use Change and Division of Land Application Dear Garfield County Community Development Staff, My wife Amelia and I have lived on Missouri Heights near Carbondale for over 30 years and in the Roaring Fork Valley for over 40 years. We purchased Lot 7 Cottonwood Hollow Subdivision to partner with and help provide an opportunity for our 25 -year-old son, Benjamin, to be able to construct a house in the Roaring Fork Valley. The lots within Cottonwood Hollow Subdivision have the right for an accessory dwelling unit (ADU). Benjamin can afford to build a smaller ADU structure on the lot at this time. That is the main reason for our ADU application at this time. When you consider the challenges that County residents who grew up the Roaring Fork Valley face trying to afford to stay in the area, the ability to construct an ADU prior to a primary residence allows him the opportunity to grow into a larger house on the property in the future. One of the reasons that we are applying to amend the building envelope is readily apparent when one looks at the plat. The original developer simply drew a 71' diameter circle on each of the lots that made absolutely no sense. Many of the existing houses in this subdivision are either outside of the platted building envelope or have an amended building envelope. The building envelopes for two of the lots are partially within Cattle Creek. It appears that most of the existing ADUs have been constructed is a location that would have required a separate building envelope had the County restricted buildings to the envelopes. The County is also asking that future non-residential outbuildings also be set within an approved envelope which has not been the case historically within this subdivision. The proposed envelopes have been oversized in order to allow flexibility in the location of the future residential buildings and outbuildings. This approach will reduce the likelihood that we would need to come back to the County at a later date to perform a second final plat amendment for Lot 7. We are not asking for anything that is not consistent and readily apparent throughout subdivision in terms of number units and outbuildings. These requests have already been granted to other lots in the subdivision in the past. We believe that the improvements that we plan will add value to this subdivision. Thank you for your consideration on these applications. Sincerely, 6' , y.ngcr and Amelia Eshelman HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945.2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO LOT 7 COTTONWOOD HOLLOW VICINITY MAP DRAWN BY: DRD SCALE: 1 " = 2000' CHECKED BY: RDN PROJECT NO: 2151036 DATE: 8/25/15 PAGE: 1 FILE: J:/SDSKPROJ/21 51 036/DWG/VICINTY . j'r .• iT:4.•11984 M3LDRED ALSioRi=, RECORDER GARFiELD COUNTY, COLORADO •.$UitiDIVISIIMPROVEMENTS AGREEMENT• 'i�Ffls . 'AGFEyAEi13T, .soil ''P-AMELA D SMIT'.H; th.e.•.:8bard - of. Cou ity `- teer`ihafter referred -WITNESSETH„: BOP -i'fGE64'7 Made and entered into this . day 1984; '•b..y and• between GAILEN• "B. SMITH -thereinafter' referred to as. "Smiths")-, and 'Commissioners of .Garfield County, Colorado, to' As the: "County") . ,W*EABAS;, - Smiths . are fi' the owners of certain real z'roperty located in Gared•County., _Colorado, more particularly described on' Bkhibit "A" attachedhereto•. and incorporated 'herein by this `.reference,which is :filed: on.' even date herewith, which regi .':LLpropetty is' now• known'='as Cottonwood Hollow Subdivision therein- a€•te;; referred t� as the. }'.Subdivision"•) ; and .TIRBREAS•,, as a condition of approval of the Pinal Plat for the- Subdivision, the Smiths wish to enter into this Subdivision =Improvements. Agreement Thereinafter referred to as the "Agree- went."] with the County;. and ' : WHEREAS, the County has required and the Smiths,have agreed to provide: -security or :collateral sufficient in the judgment of -the '-County to make reasonable .provision for the completion of :Certain public. improvements as set forth on Exhibit "H" attached hereto and -incorporated herein by .this reference; and ••SiiHEREAS., the Smiths 'have agreed- to execute and. deliver • let'•ters of -credit,to" the County,. running in favor of the County, to .secure• and, guarantee their performance for all • phases of public 'improvenment`s to'be installed pursuant to this Agreement 'end have agreed' to certain restrictions regarding the issuance of bui]-ding :permits and certificates of occupancy within the sukid vis3;in, _;all- as more fully set forth hereinafter;_ .440W, 'THEREFORE, for:. and -i'n consideration of the premises and the'follpwing._,mutual covenents'and agreements, the parties hereby agree -as Hollows: • ] , Smiths; Performance. on or before October 1, 1986, -the Smiths. ".gree to..construct 'and install, or cause to be constructed ,and installed, ,at their sole expense, those public improvements' set,. forth on • Exb ''b.it "B"-, as Phase II items 1 l.• through 5. On or before October 1, 1987, the Smiths agree• t'o construct and install, or cause to be constructed and installed, 'at their sole expense, those public •improvements set forth on Exhibit "B", as Phase III items through 1 through 6. The Smiths agree that all public improvements are to be completed as identified on Exhibit '!B" and shall be constructed in compliance with the following': a) All final plat documents submitted prior to or at the time of the final plat approval. b) All laws of the United States, State of Colorado and its various agencies, affected special districts, and/or municipalities providing utility services. c) Such other designs, drawings, maps, specifications, sketches and other matter submitted to and approved by any of the above stated governmental entities. The County agrees that provided such improvements are installed in accordance with this Paragraph One, then the Smiths shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, covering resolutions and regulations of Garfield County, Colorado, including, but not limit d to Resolution No. 83- $31 , adopted by the County on AO 3 , approving the preliminary plan for the Subdivi io, and Resolution No. g4 -/per,, adopted by the County on ////,g, approving the Final Plat for the Subdivision. 2. Cost of Improvements. It is understood for purposes of this Agreement that the cost of all of said public improve- ments is $20,020.00, which is based upon the engineering cost estimates set forth on Exhibit "B" for Phases II and III of the Subdivision as well as the additional security to be provided for improvements to existing County roads as specified hereinafter, which amount the County finds reasonable and hereby approves and accepts. The Smiths shall provide, on request of the County, written confirmation of such estimates by Smiths' engineering consultants. 3. Security for Improvements. On or before October 1, 1985, the Smiths shall deliver a letter of credit to the County issued by a State or National Banking Institution licensed to do business in the State of Colorado, and a form acceptable to the 2 •11 ex .657.04t649 ,:Court y, which:acceptance shall not be unreasonably withheld, The r".'mount 'Of said' letter of credit shall be equal to the sum ' designated en Exhibit "••B" for all construction costs associated :,with the.public improvements for Phase II of the Subdivision, plus. an inflation•`factor" as provided for in Paragraph 4 below. On or before 'October 1, : 1986, th'e .Smiths shall deliver a letter ._:of credit :•to the County issued by a State or National Banking Institution licensed to do business' in the State of Colorado, and a. form acceptab,le•to the•County., which acceptance shall not be 'unreasonably withheld. The .amount of said letter of credit shall be equal .to the sum designated on Exhibit "B" for all construe- • tion costs- associated with the public improvements for Phase III oaf the Subdivision, Plus an inflation factor as provided for in Paragraph 4' -below.. In the event the Smiths fail to deliver said letters of credit to the County in the sum specified, for the necessary public improvements for the 2nd'and 3rd Phases, of'the -Subdivision, by the dates specified above, for each Phase, then the Plat of the Subdivision may be vacated by the County, except for that portion of -the Subdivision designated herein as Phase I, Consisting only those lots specified or the Subdivision Final Plat as Lots 1, 5, 6, 12 and 13, and in such event all approvals .:of the Subdivision by the -County shall be deemed to have been withdrawn• and renderednull and void by such vacation and all parties shall be released from any further obligation here and 'under, exceptas to the lots specified for Phase I of the Subdivision on the Final, Plat. Contemporaneously with the execution of this Agreement, the Smiths have delivered their written consent ' to said vacation of the Final Plat in Phases as specified above in the event acceptable letters of credit are not delivered within the time specified and for the amount specified, and this.consent is binding upon 'their successors and assignees. Upon the" execution and recording of the Final Plat for the Subdivision the Smiths may convey title to those lots designated as Phase I on the Final Plat, consisting solely of Lots 1, 5, 6, 12 „and 13, for which no additional public improvements are neces- sary. Upon the Smiths delivering to the County said letter of credit for the cost of the Phase. II public improvements for the Subdivision, as :specified on Exhibit "B", the Smiths shall be entitled to enter into pre -sales agreements for the sale of those lots designated as Phase II on Exhibit "A", consisting solely of Lots' 2; 3 and 4. However; no title to these lots specified as Phase. II shall•be conveyed; nor building permits issued, until the County has accepted the completed public improvements for 3 max 657 nrx650 Phase 1I of the Subdivision as set forth on Exhibit "B".- Upon the Smiths delivering to the County said letter of credit for the costs of Phase III public improvements for the Subdivision as specified on Exhibit "B", the Smiths shall be entitled to enter into pre -sales agreements for the sale of these lots designated as Phase- III on Exhibit '"A" consisting solely of lots 7, 8, 9, 10 and 11. However, no title to these lots, specified as Phase IIx of the Subdivision, shall be conveyed nor building permits issued until the County has accepted the completed public improvements for Phase III of the Subdivision as specified'on Exhibit "B". Upon delivery to the County of said letters of credit, the County shall issue written approval, in a form recordable in the Office of. the Recorder of Garfield County, Colorado, stating that said letters of credit' have been provided pursuant to this Agreement, and that pre -sales agreements for each respective Phase may be entered into. However, the County shall not be required to issue building permits for any buildings co be constructed within Phase II or Phase III of the Subdivision until such time as all improvements for such respective Phases have been accepted by the County, which acceptance shall not be unreasonably withheld, provided that in the event weather or other factors, beyond the reasonable control of the Smiths, delay construction of improvements, such delays shall not prevent the issuance of building permits so long .as the respective letters of credit remain in full force and effect. Upon receipt from the Smiths of their 'professional engineer's certification that the public improvements set forth on Exhibit "B" for Phase II of the Subdivision have been completed and paid for, the County shall return to the Smiths the letter of credit securing the Phase II public improvements, as specified on Exhibit "5", and marked "satisfied in full" and shall acknowledge that all such Phase II improvements have been completed in a satisfactory manner and shall otherwise release the aforesaid letter of credit for the Phase II improvements, and a recordable form if requested by the Smiths. Upon receipt from •the Smiths of their professional engineer's certification that the public improvements set forth on Exhibit "B" for Phase III of the Subdivision have been completed and paid for, the County shall return to the Smiths the letter of credit securing the Phase III public improvements, as specified on Exhibit "B", and marked "satisfied in full" and shall acknowledge that all such.Phase 'III improvements have been completed in a satisfactory manner and shalt otherwise release the aforesaid letter of credit for the Phase III improvements, and a recordable form if requested by the Smiths. 4 BO 657 £o651 •fihe :County may, At -its option,. permit the Smiths to substi- tiite ot;hex collateral . acceptable to the . County for the collateral - or,igina ly ..gLven . by '.the Smiths, , . to secure the completion of the ._:improvements 'as ..hereinabove provided. 4...' Inflation Adjustment. As provided .in Paragraph 3 Y•abcive, the. amount .of collateral shall be adjusted on an annual basis •for•inflation.- based 'upon the'Consumer Price 'Index, Denver, .All. -Urban Consumers Index, All Items, 1967 = 100, published by ••.t *.:United .States Department of --Labor, Bureau. of Labor Statis- tics.: . 'Each. year ::during the term of thi-s Agreement, commencing on :the -'first day. of Octoberof each year, the base amount of the •.collateral shall be adjusted -by .computing the increase, event, .:and'.;the cost -of living for the preceding year, and adding the sane to:the•. base- amiount.' of .the collateral. The base' index number Shall' be., the : • CIP number for July, . 1984 of 349.9, and the corresponding CPI number for the months of each succeeding year shall be the 2urrent index number. The increase, if any, between the base index number and the current number (expressed as a .:per-centage) shall be, multiplied ..,by. the base amount of the :collateral and any resulting positive product shall be added to- :the o:t.he base • amount of the,collateral and the total thereof shall be .the adjusted_ amount of collateral. The parties hereby agree that a new letter -of credit will be issued which will equal the amount • of the adjusted amount of the collateral. If at any: time during the term or any extension hereof, said Consumer Price Index is no longer published, the parties shall use. such other index as is generally recognized or accepted for the purpose of making'similar'determinations of purchasing power. 5. Security for Improvements to Existing County Roads. It is a requirement for the Subdivision to Participate in the area road plan, in the event one is created, or in such area road improvements as may• be constructed within 5 years of the recording of the Final Plat, in the manner specified herein, and to provide security for such•improvements in the manner specified herein. • The amount of $750 per lot for -each of 11 lots of the :Subdivision.,.being all-lots•of the Subdivision excepting Lots 4 and 11,, shall be secured With a letter of credit, in a form '•acceptable.to-the County, running to the benefit of the County, - to••be delivered to the County prior to the conveyance of.any lots • of• the Subdivisi.on,• except Lots 4 and 11. Said letter of credit ,is to be used to .secure the Smith's performance and participation in. an area road -plan plan or actual road improvements done, within 5 ii'wc 657 p€ 2: years of the recording of the Final Plat for the Subdivision,, for road improvements on Garfield' County Road 113 from .just below its intersection with Garfield County Road 112 .up to and including the County Road through.the Subdivision. - Any letter of credit required to secure the Smith's performance and participation in any improvements to the existing County Road serving the Subdivision, as specified herein, shall be in addition to or a partof, any other letters of credit required to secure the public improvements. necessary for Phases II and III of- the Subdivision as specified in Exhibit "A" attached hereto, or the Smiths may elect to include such additional amounts of securities as additions to any outstanding letter of credit required pursuant to this agreement. Should an area road plan not be instituted within a 5 year period from the recording of the Final Plat of the Subdivision, then the Smiths shall be released from all liability for the provision of 'security for improvements to the existing County Roads serving the Subdivision, and any letters of credit delivered to the County, in accordance with this Paragraph, as security for improvements to the existing County Roads serving the Subdivison shall be released. 6. Notice of Deficiencies. If the County determines that the improvements within any Phase are not constructed in compliance with the Specifications therefore, it shall furnish a written list of specific deficiencies to Smiths. If the deficien- cies have not been corrected, or if satisfactory arrangements have not been made to correct such deficiencies, within 30 days after the list is furnished to the Smiths, the County may draw on such delivered letters of credit for such funds as may be neces- sary to complete the construction of the required improvements in accordance with such Specifications. 7. Improvement Sequence. Paving of the street improve- ments required to be completed by October 1, 1987 shall not be done until all utility lines to be placed in or under the streets have been completely installed. 8. Cash in Lieu of Land Dedication for School Impact. The Smiths have negotiated with the Roaring Fork School District RE-1 and both parties have agreed that the Smiths will deposit with the Garfield County Board of County Commissioners a total of $1,139.05, being $103.55 for each of the eleven (11) new home lots, being $517.75 for Phase I payable at the time of recording of the Final Plat, and $207.10 for Phase II and $414.20 for Phase III, payable upon the acceptance by the County of the-public improvements for each Phase, to be utilized for future school site acquisitions in lieu of land dedication. 9. Enforcement. In addition to any rights which may be provided by Colorado Statute, it is mutually agreed that the County or any purchaser of a lot or unit within the Subdivision shall have -the authority to bring an action in the District Court of Garfield County, Colorado, to compel the enforcement of this 6 Agreement. Such 'au Lhor ity shall. include the r. ght.•,• to .compel, r6scis'Al cn of any, sale; consreyance, 'or •transfer .of ahy :,lot' or uni• -4-conLra'• ry to. '::the' provisions.of.• this Agreement -,=.or as set forth loin the Plat 'of.: 'the , Subd yisian, or in any separ•ate:'•recorded ▪ instrument:, Any ;such. actitrrt "•'shall be :commenced"` prior • to the :issuance • of a. building'.Perinit by the 'county ,• for such lot or unit; ani• in the . event- ho • sAch pct iota "f s •seg :commended, then the County aril any purchaser .sha l •be deemed' to have .waived their rights= and auithoritY-herein. prov:i.ded: :•:: : 9.` ' • 'Arta -oval . of': Platt; ighe .•County, agrees to approval of PLat - to the••term's•';apd conditions . of. this Agreement, • 10: :Amendment. `.This 'Agreement may- be amended from time prvvtded 't•h'at. such amendment be in writing and signed "by ,:the • par•ti'es_,:her•eto;. . • - lI; affect. - Agreement shall be a covenant running With' the ,ti.tle'to .each •lot• or unit within the subdivision and the . rights and. Obligations ' as . contained herein shall .be binding: upon arca inure to . the benefit • of Smiths,- their heirs, successors and assigns'..• - • Done this . /- •:day• of .ATTEST: , 1984': BOARD OF•COUNTY COMMISSIONERS GARFCOUNTY, COLORADO LE •tf . AND RECORDER- T'F • • GA.RFIELD. COUNTY, . C.r+l *ADO, Z . oFFidto CLERi€ TO Til • BOARD .-OF Cot NTY .COMMISSIONERS OF, GARFIELD; Cbgl 'Y, : COLaRAP0 SMITH PAMELA D..SMITH •Exitiiirit ENGINEERING ESTIMATE BY PHASES PHASE I. (Lots. 1, 5, 6, •12 and 13) • No public improvements required. PHASE' II (Lots• 2, 3 and 4) UNIT/ ITEM•DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Unclassified Excavation. Cu.Yd. 300 $2.00 $600.00 2; .Embankment Cu.Yd. 300 2.00 600.00 3. Aggregate Base Course Ton 675 8.00 5,400.00 (class 6) 4. 3/4" Chip Seal Lin.Ft. 650 4.00 2,600.00 5. '15" Corrugated Steel Pipe Lin.Ft. 40 15.00 600.0.0 Estimated Total $9,800.-00 PHASE 'I•II (Lots 7, 8, 9, 10 .and 11) UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Unclassified Excavation Cu.Yd. 200 $2.00 $400.00 2•. -Embankment • • Cu.Yd. 200 2.00 400.00 3'. Aggr•ega.te-Base Course Ton 600 8.00 4,800.00 (class 6) 4. 3/4-". Ch.i-P Seal Lin.Ft. 580 4.00 2,320.00 5.. 6.0". -Corrugated Steel Pipe Lin.Ft. 6 50.00 300.00 6. 411 -.-Concrete Slab and Headwalls • Lump• Sum 1 2,000.00 2,000.00 Estimated Total `10,220..J0 Estimated Total of All Public Improvements •— $20,020.0G t. • ENGINCCRING ES iTIMA7'L • BY' P,IASCS PHASE- I (1.4. 4„. "5,, 6, 12 • anct.•.13) No; public' ihiprovementsoquired.' :PHASEII- (Lots '.2, 3 'and'4) `DFtCR•IPTION. - .' UNIT 1: tincla'Ssi-fied'Excav•ation Cu.Yd. 2."Embankme•rit,. Cu.Yd. 3.. 'Ag'gregate Base Course • Ton '(class: 6j. . 4: 3/.4"---Cp Seal' Lin:Ft, 650 r1.5:"' Corxugated Steel_ Pipe Lin. rt. 40 .Exhi„bit8 UNIT/ QUANTITY _ PRICE 300 • $ 2.00 300 2.0.0 675 . 8.00 Estimated Total AMOUNT 4.00 15.00 PHASE:"•III (Lots -'7,- 8., 9; 1:0 and. 11) UNIT/ ITEM:DESCRIPTION - • UNIT QUANTITY PRICE • 1. .UncleSsi•fied'-Excavation • Cu.Yd. 200 2. .' Embankment Cu.Yd, 200 - . •Aggrega'te Base 'Course .Ton 600 • ,('course +6 J 4. 3/4". Chip' Se..a1 L'i.n.F't. 580 5. • 600 Carrugated .Steel Pipe• Lin:,Ft. - . 6 6 4" Conerete'Slab and Lump Sum 1. Estimated Total $ 600.00 600.00 5,400.00 2,600.00 600.00-' $9,800.00: • AMOUNT $ 2.00. $ 400..00 = 2.00 400.00 8.00 4;800.00•: 4.00 2,320.00 .• 50.00 300.00 . 2,000.00 2,000.00 '. $10,220.00 'Estimated .Total of All Public Improvements: $.20,•020.•00 RE -1. SCHOOL. DIST. DEDICATION _ $ -'517.75 207.10 = 414.20 PHASE I , 5 lots PHASE II, '2. lots P[•Ib1SE III; 4 . lots TOTAL , • 11 lots . •_ ; ' , , $ 1,139.05 ADDENDUM COME NOW the parties herein and agree as follows: 1. That at the time the cul 'de sac provided for in Phase 3 of the subject project is constructed, a registered land surveyor, at the developer's expense, will place the monumentum required by .Section 5:23(B)(4) of the Garfield County Subdivision Regulations of 1984. DATED this . day of October, 1984. BOARD OF COUNTY COMMISSIONERS OF GARFI D COUNTY, COLORADO r Mildred Alsdorf, Gar eld County Clerk and Reco der ATTEST: 8. Smith Pamela D. Smit r;ecordea at .4/; G'/ p '11 .00T 0 11984 Reception No __;3513156 MILURLD AL6DURF, RECORDER GARFIELD COUNTY, COLORADO DECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION BOOK 657 na657 WHEREAS, GAILEN B. SMITH and PAMELA D. SMITH (Declarants) are the owners of the real property described in Exhibit "A" attached hereto and incorporated herein by this reference, which property is situated in the Cattle Creek area, Garfield County, State of Colorado, described as the Cottonwood 'Hollow Subdivision, as the same appears on the Final Plat filed for' record on (� rj'i , 1984 in the office of the Clerk and Recorder, Garfield County, Colorado; and . WHEREAS, Declarants, being desirous of protecting property values and protecting the health, convenience and welfare of the owners of the lots in the Subdivision do hereby make, establish, publish, declare and impose the following restrictive And.protec- tive covenants, conditions, uses, limitations and obligations; and which covenants shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and'all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as these restrictive and protective covenants shall remain in force. 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings; 1.1 Subdivision shall mean Cottonwood Hollow Subdivision. 1.2 HOA shall mean Cottonwood Hollow Homeowners' Associa- tion. 1.3 ACC shall mean the Architectural Control ;ommittee for the Subdivision. 1.4 Lot shall mean any lot, tract or parcel of land in the Subdivision. 1.5 Unit shall mean a residential dwelling unit. 1.6 Owner shall mean the owner of a Lot or unit in the Subdivision. 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowners' Association. Any and all owners of lots in the Sudivision upon accepting a deed for that property agree 1 WNK 657 PACE658 to enol.; shall:';be- a;` member of:, and. be. subject to, 'the obligations and,, dull .•enacted ::bylaws .and rules of .the Cottonwood Hollow 'Homeowners' Association, Voting. in the Association shall be on the • :basis. Of -one -lot-, one vote. The purposes for which this 'corporation shall be organized •ar.e.•as •.follows: A: • To perform such architectural control, review and planning duties and to enforce protective coven• nts., limita- tions - and• 'restrict'ions .governing the use. and ocr:upancy of lands, and the:'constructiomand alteration of structures and improvement's upon the land. B. To' establish, maintain• and• enforce all necessary and reasonable rules and regulations concerning the use of all land .and interest' in land or property and property rights owned, managed, or held by the Association and members thereof. C. To charge and collect such fees as may be set by the.Board of Directors for the.use of facilities; properties owned.or. operated by the •Association, and its. cost, assess- ments, and .fees will be made by the Association and payment of -the same•shall be mandatory by the property owners within the Subdivision: Such assessment shall become a lien on the property to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly •signed•by the President or Secretary of -the Association. The Association shall have the right to recover its reasonable attorney's fees, Court costs and any other .Collection costs, in any legal proceeding. concerning delinquent. assessments, or- otherwise pertaining to violations of these covenants. 2:2' Individual Septic .Systems. *It will be the responsi- bility of. the HOA to' ensure proper maintenance of individual septic systems. The program should include the annual inspection and .pumping- of a system as necessary. Any and all expenditure for' pumping and ,maintenance of the septic system will be the sole ..•reepensibility of the owner. • 2.3 .Maintenance of'•Cottonwood Hollow Lane. Road mainte- nance and repair of the cul-de-sac, as well as snow removal, • shall be. the responsibility of the HOA. The payment of such :upkeep _shall be divided in. .a fair arid equitable manner by the owners of lots served.. by the cul-de-sac. • .2...4 Pian of . Augmentation.•Each lot owner shall comply with.and .be subject to the terms and conditions of the Plan of Augmentation and any water rights.under which any individual well tim 667 WSW: is operated. Amendments to the Plan of Augmentation for Cotton- wood' Hollow Subdivision must be approved by the HOA. The HOA' shall then make Application to the Water Court. The'HOA shall not be held liable for any result .of said Application, and the lot owner shall reimburse' the HOA for all cost and attorney's fees in processing the Application. 3.0 EASEMENTS AND RIGHTS-OF-WAY. 3.1 Easements and rights-of-way for roads, driveways, electricity, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on Exhibit "A". No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. 3.2 Utility Lines. A11 new primary service lines may be installed overhead -on poles from the existing source to the transformer pole providing service to the lot. The location of transformer poles shall be approved by the HOA. All utility lines from the transformer pole to the st,- :r -e shall be underground, out of sight and be constructe ;:he owner's expense. 3.3 Utility Easements. The existing fifteen (15) foot wide utility easement shown on Exhibit "A" .shall remain as granted to Holy Cross Electric Association prior to the recording of the Cottonwood Hollow Subdivision Final Plat, except that it shall include,, but not be limited to, telephone and cable televi- sion lines. All new twenty (20) foot wide utility easements shown on Exhibit "A" shall include, but not be limited to, elec- tric power, telephone and cable television lines. Guy wires and anchors may be located outside' all easements with the approval of the HOA. In the event that any new line cannot be located within the easements as shown on Exhibit "A", the resulting easements shall be so described in a metes and bounds description and recorded with the Garfield County Clerk and Recorder. 4,0 MAINTENANCE OF PROPERTY. 4.1 The owner of each lot shall keep the same clear and free of rubbish and trash and shall keep the structures thereon in good repair, doing such maintenance as may be required for the property. 4.2 No noxious or offensive conduct or activity shall be carried on upon any lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighbor- hood. 4.3 Clotheslines, equipment, garbage cans, service yards, woodpiles, or storage areas shall be adequately screened by plan'.- ing or construction to conceal the same from neighboring lots and streets. 3 .eauX 65'? PAGE660 4;4' The outside burning of . trash, rubbish or other materials shall be absolutely prohibited. Standard and %.pproved outdoor -fireplaces shall be allowed for the prenaration of foodstuffs and heating only. 5.0 USE' -OF LOTS. Each lot owner shall comply with the Garfield County Subdivision Regulations and the Garfield County Zoning Regulations. These aforementioned regulations shall govern the allowable use of the lot and designate any and all restrictions of the land. 6.0 .RESUBDIVISION PROHIBITED. The resubdivision of a lot is prohibited; however, the combining of lots into one lot shall be allowed,. -provided that the number of dwelling .units on said new lot does not exceed the number of dwelling units approved for the separate lots before the single lot was created, and if approved by Garfield County. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three members who shall be initially designated by the owner, for an initial term of ten (10;.years. Thereafter the terms shall be for five (5) years each avid the members of the ACC "shall be appointed by the HOA, subject to the requirement that they are a member of the HOA. 7.2 ACC Authority. The ACC shall have the responsibility and authority to review, study, make recommendations and sugges- tions for changes to, and approve or reject proposed improvements within the area described in the plat map of the Subdivision, of which these restrictive and protective covenants are made a part. 7.3 Rules. The ACC shall make such rules and by-laws and adopt such procedures as it may deem appropriate to govern its proceedings. 7.4 Approval of Plans. No building, landscaping, parking or vehicular- driveway, fence, wall or other improvement shall be constructed, erected, altered or added to', on any lot until build- ing plans and. ,Site plans and specifications showing color, loca- tion,, materials, landscaping, and such other information relating to such improvements as the ACC may reasonably require shall have been submitted to and approved by the ACC in writing. The owner shall not forward any notice of approval of such plans to a plan- ning, zoning, or building department of Garfield County until such time as the ACC has completed its final review and approval of such plans. 7.5 Criteria. In approvii;3 such plans and specifica- tions, the ACC shall consider: 4 Boo 657 P E*6i 7.5.1 The suitability of the improvements and materials which are to be constructed on the site considering the location; 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of the materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the viewplain of any adjacent or neighboring property; 7.5.5. The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall subdi- vision drainage plan; and 7.5.7 The .landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure To Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within sixty (60) days of submission and no suit to enjoin the construction has been commenced prior to the comple- tion thereof, approval shall not be required and the related covenants shall .be determined to be fully complied with. 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any lot owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0- STRUCTURES IN THE SUBDIVISION. All structures in the Subdivision shall be designed to blend into and complement the natural surroundings. 8.1 No more than one (1) single family dwelling shall be erected upon any lot. Two (2) detached outbuildings used as a garage, stable, barn, and/or shed are permitted if approved by the ACC. 8.2 All structures to be built on any single lot shall be within the designated and platted building envelope, with the exception of non -inhabitable outbuildings which may be sited outside of the building envelope with ACC approval. 8.3 The mininum size of each single-family structure shall ,be not less than 1200 square feet of floor area, exclusive of open porches, garages and carport. 5 8.•4 • No :• :structure- -shall be 's exceed . twenty- ive • (25) -feet in fin'ihed• grade- line immediately -structure..- Ne -radia, short wave 1(5)1...feet above.' the highest roof •approved 'by the ACC. • aor��c 65 ? ' PAGEfifi2 permitted on any lot which height from the highest natural adjoining the foundation 'or or television antenna over five line shall be permitted unless 8.5 No structure- shall be erected by means of other than new construction, it being the purpose of this..covenant to insure that old •buildings will 'not be moved from previous locations and placed upon .a lot.. '8-.6 All. structures shall have exterior materials of either brick, :stone, stucco; lumber, or a -combination thereof. Exposed 'cinderblock and concrete block .shall not be allowed unless approved. by the ACC.- Exposed concrete foundation walls should either be clad with. a siding material or screened from public view 'with landscaping. Metal roofing is permitted provided it is of an earthtone or natural green color. 8.7 Each structure' shall be completed within one (1) year from date of commencement of construction. 8.8 No structure of a .temporary character, trailer, base- ment, tent, shack-, garage, barn or any other outbuildings of any description'shall be used on any lot except on a temporary basis, .not exceeding six (6) months, by the construction company constructing a structure on a lot. 8.-9 Landscaping shall blend with natural vegetation. No living tree shall -be .removed or cut down without approval of the ACC. All: areas -cut, filled, or disturbed by any construction or other' activity shall be'fully restored and landscaped. 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed,'providing they are located within the buildng envelope 'and -approved by the ACC. All other fencing shall be open, wood post and wood .rail, or wood post and plain wire.(no barbed wire shall be permitted). Fences shall be constructed no higher than forty-two (4.2)-inche's.high, .preferably with a solid wood top rail. Under •no circumstances shall a fence cross Cattle Creek. 10_.0 ANIMALS. • .10.1 .The 'grazing of livestock shall occur only in fenced pasture 'area capable of supporting grazing. Animals are restricted from grazing during -non -growing seasons. A maximum of four (4) horses per lot shall be allowed, except on the lots not 6 NMK 657.A486.13. capable of supporting livestock, those being 5, 6, 10, 12 and 13. Paddock areas should be located on relatively flat ground and constructed as herein provided.. 10.2 Domestic animals must be kept within the boundary of the lot of the owner. Dogs shall not be allowed to run loose. They shall be fenced, chained, or housed. 10.3 Lots must be kept clean, sanitary and reasonably free from refuse, insects and waste at all times. 10.4 No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted. 11.0. EFFECT AND DURATION OF COVENANTS. These covenants run with the land and shallbe binding upon all parties and all persons claiming under them until January 1, 2000, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote reflected by signed documents duly recorded by the majority of then owners it is agreed to change said covenants in whole or in part. 12.0 ENFORCEMENT. 12.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of these covenants, Owner or his successors or assigns, or any owner of real property in the Subdivision may, but without obligation to do so, enforce the provisions of the instrument by: .12.1.1 Entering upon the property where the. violation or threatened violation exists and removing, remedying and abating the violation; such self-help shall be exercised after having given fifteen (15) days prior written notice to the owner or owners of the proper- ty upon which the violation exists and provided the owner shall have failed within such time to take such action as may be necessary to conform to the covenants; or 12.1.2 Instituting such proceedings at law or in equity as may he appropriate to enforce the provisions of this instrument, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenant and for damages. 12.1.3 In the event any party with any rights provided under the terms of these restrictive and protective 7 , dog' 6571;16E604 covenants-inu.at:__ring legal. action: the . enforce- menti° of such= covenant's, then the •prevai ting party in ,such action 's!i'all: be entitled to. -the recovery of reasonable-`attorney:."fe,es " and costs of -litigation, • inclikd.ing' reasonable costs; o£ expert., witness fees, if' any.. - , -13 :0 AMENDMENT... A' vote . ©f• .•two-thirds of the Owners of the .:, various lotsin.the Subdivzslon shall , be necessary to amend these „.covenants until:January 1:,:2000. 14,,0- SEVERABILITY. Invalidation of any one of the provisions of:_, this instrument. by . judgment or court order or decree shall in no way affect'-. any of the other provisions which shall remain in :full'force:and •effect. ,EXECUTED this ls�~ day of. 4`JQ" , 1984. AILEN' H. SMITH PAMELA D. SMITH STATE OF•COLORADO - ) ) ss. County- of Garfield ) a'�e foregoing was acknowledged before me this /Sf day of emhu, 19'84• .by GAILEN `B. SMITH and PAMELA D. SMITH. witness my hand and official seal. h+• Kg.'i fa;ti k: rrrs lair T5+ 19861i .; 1 1111111111 111111 1111 1111111 111 1111111 III 11111 1111 1111 892808 12/04/2001 10:07A 91307 P915 M ALSDORF 1 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is made this J'day of September, 2001, by the owners of Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision located in Garfield County Colorado as those owners are described below, referred to hereinafter as "Owners," whose legal address is shown below. WHEREAS, Owners are the owner of lots of real property situated in the County of Garfield, State of Colorado, more particularly described and depicted as Lots 2, 3, 5, 8, 9 and 11 Cottonwood Hollow Subdivision as shown on that final plat recorded with the Garfield County Clerk and Recorder at Reception No. 35(01 5(F , and identified by name below; and WHEREAS, Owners have entered into certain agreement for the purchase of water from the Carbondale Land Development Company and the Basalt Water Conservancy District and obtained a final decree of the Water Court, Water Division No. 5, for said additional water in Case No. 00CW136; and WHEREAS, it is the purpose and intent of this Declaration to subject each and all of the lots named herein to the covenants, conditions and restrictions hereinafter set forth, for the mutual benefit of all the Owners, and for the benefit of their respective heirs, descendants, executors, successors, assigns, grantees, mortgagees and tenants. NOW THEREFORE, Owners hereby make, declare and establish the following covenants, conditions and restrictions (the "Covenants") that shall apply to all of the lots described also known as Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision. From this day forward, said lots shall be held, sold and conveyed subject to these Covenants. 1. Homeowners Association. The owners of all lots described herein are required to be a member and participate as a part of the Cottonwood Six Homeowners Association. The Cottonwood Six Homeowners Association may be an Unincorporated Home owners Association created pursuant to section 7-30-101 et. seq. C.R.S. 1999 or incorporated nonprofit association. The Home owners Association may prepare and adopt Rules and Regulations as it believes necessary to implement, enforce and carry out these covenants and perform other duties and obligations as it may deem appropriate and necessary. 2. Purpose of HOA. In addition to the Water Augmentation Plan for the Cottonwood Hollow Subdivision as decreed to Case No. 80CW359 the Cottonwood Six have obtained a water decree to allow for certain additional uses of water for their lots. This Declaration only applies to the uses as decreed in Case No. 00CW136 and does not prohibit or other wise affect the uses of the same wells and of other wells decreed in Case No. 80CW359 as may be amended in Case No 00CW036 or subsequent cases. 3. Decreed Uses. In Case No. 00CW136 water has been approved for: 1111111 11111 111111 1111 1111111 111 1111111 111 11111 11111111 592809 12/04/2001 10:07A B1307 P918 M ALSDORF 2 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of' Covenants, Conditions & Restrictions Cottonwood Six Page 2 (a) one (1) caretaker or additional unit upon each lot, including 2500 square feet of irrigated area; (b) Lots 8, 9 and 11 are also approved for a pond to be constructed on such lot. The pond size, surface area, shall not exceed 1500 square feet each on Lots 8 and 9 and 2000 square feet on Lot 11 (c) Lots 2 and 11 shall have additional Lawn irrigation of 2500 square feet each. 4. Ownership and Use of Wells and Appurtenant Facilities. The Cottonwood Six Homeowners Association will own the water rights decreed to Case No. 00CW136 and the augmentation water supply contracts with BWCD and CLDC for the benefit of the owners of all Lots. The individual lot owners shall own his individual well, the permit therefore, the pump and pipelines which service their property and any individual storage tank and pipelines, the pond and pond water rights each has individually decreed. 5. Operation. Maintenance and Repair- Costs. All operation, maintenance, replacement and repair costs associated with any well, the pump, meter, storage tank and associated facilities for the withdrawal of water from the wells or from any pond shall be the sole responsibility of the Lot Owner such services. The Homeowners Association shall not be responsible to pay any of the costs of any maintenance, operation, repair, replacement, or improvement of any facility other than the cost of the contracts. 6. Basalt Water Conservancy District and CLDC Contracts. A Basalt Water Conservancy District (BWCD) Contract and a Carbondale Land Development Company Contract (CLDC) has been obtained and is in full force and effect providing augmentation water for the use of the six wells for uses as set forth in Case No. 00CW136. The Homeowners Association shall pay all costs of said contracts on an annual basis and shall abide by the terms and conditions of said contract. The contracts shall be owned by the Homeowners Association. All owners shall be required to pay their pro rata share regardless of water use. 7. Use of Water. Owners shall be entitled to use water from its respective well for the purposes as set forth in the final decree entered in Case No. 000W136. No Owner shall waste water or do anything that would jeopardize the Homeowners association or the other Owners ability to use water as decreed in Case No. 00CW136, 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. 8. Payment of Common Expenses. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of Cottonwood Six -Covenants -1 September 10, 2001 111111 11111 111111 11111111111 111 1111111 111 11111 11111111 592809 12/04/2001 10:07A B1307 P917 M ALSDORF 3 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 3 presentment for payment, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. Other enforcement remedies may be taken by the Homeowners Association as allowed of by law and any duly adopted homeowners association documents. 9. Enforcement. The Homeowners Association described herein shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation or threatened violation of these Covenants. The prevailing party in any such action shall be entitled to an award of its reasonable costs and attorneys' fees, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether such action is prosecuted to judgment or not. 10. Amendment of Covenants. These Covenants may not be modified, amended, rescinded, cancelled or terminated, in whole or in part, except upon the written consent of the owners of a majority of the lots affected by these covenants. Such consent shall not be unreasonably withheld by any owner and shall be set forth in a written instrument recorded in the office of the Clerk and Recorder for Garfield County, Colorado. For this purpose, the holders of the majority of the lots shall mean the owners of at least 4 (four) of the 6 (six) lots described herein . 11. Duration of Covenants. Unless otherwise cancelled and/or terminated in accordance with the terms of these Covenants, these Covenants and any amendments hereto, shall remain in effect in perpetuity. 12. Applicability. These Covenants shall run with and burden the land described in Exhibit A, and shall be binding upon all persons or entities having any right, title or interest in all or any portion of the lots therein, including Owners, their successors, assigns, descendants, tenants, employees, guests and invitees. These Covenants shall inure to and are imposed for the benefit of all present and future owners of the named lots. 13. Severability. The invalidation of any portion of these Covenants by judgment, court order or otherwise shall not affect the validity of any of the other provisions herein. 14. Interpretation. The headings for the paragraphs herein are for reference only and are not part of , and shall not define, limit, amplify, change or alter any term, covenant or condition herein. For the purposes of these Covenants, the neuter gender includes the feminine or masculine, and the singular number includes the plural, and the word "person" includes a natural person as well as any legal and/or statutory entity. No failure to enforce any right established in these Covenants shall be deemed a waiver of a subsequent enforcement of such right. These Covenants shall be construed so as to give validity to all of its provisions. It is not the intent of the Declarant to create or establish hereby a common interest community under Cottonwood Six -Covenants -1 September 10, 2001 1111111 11111 111111 1111 1111111 111 1111111111 11111 11111111 592808 12/04/2001 10:07A 91307 P918 M ALSDORF 4 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 5 OWNERS OF LOT 5 Russell Fritz and Pam (Beltramo) Fritz 4972 County Road 113 Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of September, 2001, by Russell Fritz and Pam Fritz. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ss. COUNTY OF GARFIELD Notary Public OWNERS OF LOT 8 Marc and Erin Bassett 0202 Cotton Hollow Lane Carbond • c CO 81623 r By �/ 14t-1 /132CA By nCoU 7tr Acknowledged, subscribed, and sworn to before me this t P day of September, 2001, by Marc and Erin Bassett. WITNESS my hand and official seal. My Commission expires: Cottonwood Six -Covenants -1 September 10.2001 Notary Public My Commission Expires 09/11/2004 1 111111 11111 111111 111111111111111 1111111 11111111 11111111 5 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO >_)cetarauon of Covenants, Conditions & Restrictions Cottonwood Six Page 6 STATE OF COLORADO ) ss. COUNTY OF GARFIELD OWNERS OF LOT 9 Barry and Jane Till 0206 Cotton Hollow Lane Carbondale, CO 81623 By ' By Acknowledged, subscribed, and sworn waif BT�'1I. WITNESS my hand and official se i. 3,, - to before me this STATE OF COLORADO ) ss. COUNTY OF GARFIELD ki3 • : r} ; day of4.10�3' 3 My Co ,"" 4 • tl •, expitr i' ,STk� rlil ''''''c'`. No ary Pub1i OWNERS OF LOT 11 Allen M. and Teri Harrelson 0168 Colton Hollow Lane Carbondale, CO 81623 By By Acknowledged, subscribed, and sworn to before me this day of July, 2001, by Allen M. and Teri Harrelson. WITNESS my hand and official seal. My Commission expires: Notary Public Cononwood Six -Covenants -1 October 5, 2001 111111 11111 111111 1111 1111111 111 1111111III 11111 11111111 592809 12/04/2001 10:07A B1307 P920 P1 ALSOORF 6 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six . • i , :: JILL R. t. WENTLING kC •_ • \ qy C¢mrnission Expires P612212005 Page 6 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) OWNERS OF LOT 9 Barry and Jane Till 0206 Cotton Hollow Lane Carbondale, CO 81623 By ?eLaq,.e,„:;6_,I.I- By ��� Acknowledged, subscribed, and sworn to before me lhi qday of , 2001, by Jane and X11. WITNESS my hand and official seal. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) My Commission expires: OWNERS OF LOT 11 Allen M. and Teri Harrelson 0168 Cotton Hollow Lane Carbondale, CO 81623 By By Acknowledged, subscribed, and sworn to before me this day of July, 2001, by Allen M. and Teri Harrelson. WITNESS my hand and official seal. My Commission expires: Notary Public Cottonwood Six-Cevennnis-1 October 5, 2001 1111111 11111 BIN 1111 HRH 111 1111111111 1111111111111 592809 12/04/2001 10:07A 51307 P921 11 ALSDORF 7 of 10 R '50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 4 Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised Statutes, as may be amended. IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants, Conditions and Restrictions on the date first written above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) = DIANE �f I� ' V ARINNER Acknowledged, subscribed, and sworn to before me this . day of September 2001, by Stephen M. Heinig and Karen Ann Olson. WITNESS my hand and official seal. My Commission expires: OWNERS OF LOT 2 Stephen M. Heinig and Karen Ann Olson 090 Cotton Hollow Lane Carbondale, 0 816 By By Pl?Y.P.. Notary Public OWNERS OF LOT 3 Arthur O. and Janice K. Forbes 1493 County Road 106 Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of September, 2001, by Arthur O. and Janice K. Forbes. WITNESS my hand and official seal. My Commission expires: Notary Public Cottonwood Six -Covenants -1 October 5, 2001 1 111111 11111111111 1111 1111111 111 1111111 111 11111 1111 1111 592809 12/04/2001 10:07A 91307 P922 11 ALSDORF 6 of 10 R 50.00 0 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 4 Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised Statutes, as may be amended. IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants, Conditions and Restrictions on the date first written above. OWNERS OF LOT 2 Stephen M. Heinig and Karen Ann Olson 090 Cotton Hollow Lane Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of September 2001, by Stephen M. Heinig and Karen Ann Olson. WITNESS my hand and official seal. My Commission expires: Notary Public OWNERS OF LOT 3 Arthur O. and Janice K. Forbes 1493 County Road 106 Carbondale, CO 8-1623 -1-641 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) ��-- Acknowledged, subscribed, and sworn to before me thisday o1' Septerriberr2001, by Arthur O. and Janice K. Forbes. WITNESS my hand and official seal. My Commis Cottonwood Six -Covenants -1 November 7.2001 My Commission Expires 09/11/2004 i 11111 11111 111111 1111 RHO 111 1111111 111 11111 1111 1111 90ef 101 R/S0, 20 00D 01 007GARF�DPCOUNTY 923 11 CODORF RF Leclaration of Covenants, Conditions & Restrictions Cottonwood Six Page 5 STATE OF COLORADO COUNTY OF GARFIELD OWNERS OF LOT 5 Russell Fritz and Pam (Beltramo) Fritz 4972 County Road 113 Carbondale, CO 81623 By Ck By ) ss. subscribed, and sworn to before /1" -- Fritz. WITNESS my 4=9 me this day of,r, 2001, by Russell hand and oFfic.itt1 seal. My Co, mission expires: STATE OF COLORADO ) ss. COUNTY OF GARFIELD olily Pl. ibli OWNERS OF LOT 8 Marc and Erin Bassett 0202 Cotton Hollow Lane Carbondale, CO 81623 By By Acknowledged, subscribed, and sworn to before nie this day of September, 2001, by Marc and Erin Bassett. WITNESS my hand and official seal. My Commission expires: Notary Public ('oaunwoot Six-C'uvuuants-1 October 5.2001 1111111 11111 111111 1111 1111111 111 1111111111 1111111111111 592009 12/04/2001 10:07A 01307 P924 M ALSDORF 10 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO 1 )e. -c 'alum 1)1.< 'ilvcrimuls, Condit icms Rclillinitq ( )lio() ()WT\Ilf.f:S OF I()'1' I lai ry and fTrrr: 1111 (}?O( ( fullow Lane CarbuillInfc, CO 81623 ly gsl_rtui 13y STAFF OF (:)1.01ZA1)() )ss. - • ------ (.0( JNI)Y OF (ii\ R171F1.1) ) e, (.:./ Ss • Ackumvledged, subscribed, and swol if 1u befbre P day of' ,/t1.11We(3();c1'), ItErri " • ..... • ft, .111 agttleCF.."1- - ly NESS illy hand and olftcial • My (..01' 1 NO my Public.. 0WN1'..1(..S ()I, 1,( )4' 11 Allen rvl. ;u44-1-414-4-1-a-we-ls44-14— ()168 ( 't)11(w) 1 fullt)w (';111)unclile, (!() 81623 fly 13y STATN OF ( '01.0RA1 ) ) ss. (1'01 INTY OF (fAIL1[F1 1) Ackiimyledgccl, sul)scribed, svurii to befiire me this day (4-4-1-14,-, 2(101, by Allen 14+11-1--:-Feri-14ttrrtisrrrr. W11'NIFSS luy 'halal and official seal. I\4y expires: Si.. ( !Eollep 5. )()fil Liaiu Nobiry - DIANE WARINNER : -sr • • N~: -ez . „ ....... My Commission Expires 09/11, 04 VIII ridltlINi FinlifihtNg1 illik' ille14A'J1Ei14WMk 11111 Reception#: 761907 01/21/2009 03:37:25 PM Jean Alberico 1 of 2 Ree Fee:S11.00 Doc Fee:0.00 GARFIELD COUNTY CO ADMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION WHEREAS, the Owners of the Subdivision desire to amend the DECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION (the "Declaration") Recorded on October 1, 1984 at. Reception Number 356156 in Book 657 at Page 657 in the office of the Clerk and Recorder, Garfield County, Colorado; and WHEREAS, the Owners in the Subdivision do hereby make, establish, publish, declare and impose the following amendments to the Declaration, conditions, uses, limitations, and obligations; and which changes shall apply to all persons who now own or may hereafter acquire an interest in any portion of the Subdivision and all of which covenants shall be deemed to run with the title of the land and inure to the benefit of and be binding upon the Owner and the Owner's successors in interest in title to the Subdivision or any portion thereof, so long as the Declaration shall remain in force. NOW THEREFORE, BE IT RESOLVED, that the Owners desire to amend the Declaration as follows: 2.3 MAINTENANCE OF COTTONWOOD HOLLOW LANE. This heading to be amended to read "MAINTENANCE OF COTTON HOLLOW LANE" to reflect the exact name of the cul-de-sac. In the second sentence, the words "in a fair and equitable manner" shall be replaced by "equally". This sentence shall therefore read in its entirety "The payment of such upkeep shall be divided equally by the owners of lots served by Cotton Hollow Lane". 8.1 STRUCTURES IN SUBDIVISION. In the first sentence the words "and one (1) accessory dwelling unit" shall be inserted after the words "single family dwelling". This sentence shall read in its entirety "No more than one (1) single family dwelling and one (1) accessory dwelling unit shall be erected upon any lot". Except for these changes, the Declaration remains unchanged and in full force and effect. All capitalized terms herein shall have the same meaning ascribed in the Declaration unless otherwise defined herein. THEREFORE, the above amendments reflect the total of all changes to the Declaration approved by two-thirds of the Owners at a properly convened meeting on September 21, 2008 as required by 13.0 of the Declaration. Such changes shall take immediate effect upon filing of this document with the Garfield Clerk and Recorder. EXECUTED this 21 day of .—SOu ttk, r i + 200 ■IllPaIVINIVI gtvtlilIN CIlliCk I mh 11 III Reoeptionl#: 761907 021of12 Reo Fee 1,11 0 Coo Fee�0.001co GARFIELD COUNTY CO Matt Vickers — Incoming President in Bassett - Secretary j520/Ocil STATE OF COLORADO ) County off rfi ld )) The forgoing was acknowledged before me by 4'24- 1' yrs { iv -3.977- tl�is I day of .17 ,1, ,c,r. , 200V. Witness my hand and official seal. My commission expires:_ MY COMMISSION EXPIRES 021221201 No + ry Public ;Ttg Z4,%se/71- Pe-hAirri 40 90 mitn Rollout CoLA,u.- Couthvnde:le,0U 3/6a.3 111111 r t "ti" 1IMV1111.1MIi41Rr 11111 Reception#: 850247 46!1312014 12:32:52 PM Jean Alberico 1 of B Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDED & RESTATED DECLARATION OF PROTECTIVE COVENANTS FOR COTTONWOOD HOLLOW SUBDIVISION RECITALS A. GAILEN B. SMITH and PAMELA D. SMITH, as the Declarants, executed and recorded a Declaration of Protective Covenants for Cottonwood Hollow Subdivision on October 1, 1984, at Reception No. 356156 in the Office of the Clerk and Recorder of Garfield County, Colorado (the "Original Declaration"). The Cottonwood Hollow Subdivision is located in the Cattle Creek area of Garfield County, Colorado, and is referred to herein as "Cottonwood Hollow" and is described on the Final Plat thereof recorded at Reception No. 356154 in the office of the Clerk and Recorder of Garfield County, Colorado. B. The Original Declaration was amended on July 30, 2001 and on January 21, 2009. The Amendments were recorded at Reception Nos. 585330 and 761907, respectively, in the office of the Clerk and Recorder of Garfield County, Colorado. The term "Original Declaration" as used herein includes the foregoing Amendments. C. A majority of Owners of Lots within Cottonwood Hollow have approved and desire by this instrument to further amend and restate the Original Declaration pursuant to the provisions of Section 13 of that Original Declaration, as provided in the Certificate of Election Results recorded on 2014 as Reception No. S5I2 Y in the Office of the Clerk'and ►"kecorder of Garfield County, Colorado. NOW THEREFORE, the undersigned, as President of Cottonwood Hollow Homeowners' Association, on behalf of the Owners within Cottonwood Hollow, hereby establishes the following provisions as a Declaration of Protective Covenants for Cottonwood Hollow Subdivision to be 'effective upon recording in the Office of the Clerk and Recorder of Garfield County, Colorado. 1.0 DEFINITIONS. As used in this Amended and Restated Declaration of Protective Covenants for Cottonwood Hollow Subdivision, the following words and terms shall have the following meanings: 1.1 Declaration shall mean this Amended and Restated Declaration of Protective Covenants for Cottonwood Hollow Subdivision. • 1.2 Subdivision shall mean Cottonwood Hollow Subdivision. 1.3 HOA shall mean Cottonwood Hollow Homeowners' Association. 1.4 Board of Directors shall mean the duly elected Board of Directors or Executive Board of the Cottonwood Hollow Homeowners' Association. 1.5 ACC shall mean the Architectural Control Committee for the Subdivision. Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 2 1111NiirtlZIlgikfilliltIViMAliall 11111 Reception#: 850247 09/13/2014 12:32:52 PM Jean Alberico 2 of 8 Rec Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY CO 1.6 Lot shall mean any Lot, tract or parcel of land in the Subdivision. 1.7 Unit shall mean a residential dwelling unit. 1.8 Owner shall mean the Owner of a Lot or Unit in the Subdivision. 1.9 Common Element and Limited Common Element. The General Common Element shall mean the McVey Reservoir. The Limited Common Element shall mean Cotton Hollow Lane as it traverses from County Road 113 to the cul-de-sac, as set forth on the Final Plat, as amended. 1.10 Final Plat shall mean the Final Plat of Cottonwood Hollow Subdivision recorded at Reception No. 356154 in the Office of the Clerk and Recorder of Garfield County, Colorado, as amended. 2.0 HOMEOWNERS' ASSOCIATION. 2.1 Homeowners' Association. Any and all Owners of Lots in the Subdivision upon accepting a deed for that property agree to and shall be a member of, and be subject to, the obligations and duly enacted bylaws and rules of the Cottonwood Hollow Homeowners' Association. Voting in the Association shall be on the basis of one Lot, one vote. The purposes for which the HOA is organized are as follows: A. To perform such architectural control, review and planning duties and to enforce the protective covenants, (imitations and restrictions governing the use and occupancy of Lots and Common Elements, and the construction and alteration of structures and improvements upon the Lots and Common Elements. B. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use Lots, Common Elements, Limited Common Element and any property owned, managed, or held by the HOA. C. To adopt an Annual Budget in accordance with the provisions of the Colorado Common Interest Ownership Act. D. To levy and collect assessments or fees as may be determined by the Board of Directors based upon the Annual Budget. Payment of assessments by Owners shall be mandatory. Such assessments shall become a lien on the Lots to the extent not paid upon the recordation of a Notice of Delinquent Assessment duly signed by the President or Secretary of the HOA. The HOA shall have the right to recover its reasonable attorney's fees, court costs and any other collection costs, in any legal proceeding concerning delinquent assessments, or otherwise pertaining to violations of these covenants. Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 3 lichnorar VIVA I N lfrtiN51114ily). 11111 Reception#; 850247 06/13/2014 12:32:52 PM Jean plberico 3 of 8 Rec Fee:$46.00 Dec Fee:0,00 GARFIELD COUNTY CO 2.2 Individual Septic Systems. It will be the responsibility of each Owner to ensure proper maintenance of the individual septic systems on that Owner's Lot. The maintenance program should include the annual inspection and pumping of the system as necessary. Any and all expenditures for pumping and maintenance of the septic system will be the sole responsibility of the Owner. 2.3 Maintenance of Cotton Hollow Lane. Road maintenance and repair of the Cotton Hollow Lane, as well as snow removal, shall be the responsibility of the HOA. The payment of such upkeep shall be divided equally by the Owners of Lots served by the Cotton Hollow Lane. 2.4 Plan of Augmentation. Each Owner shall comply with and be subject to the terms and conditions of the Plan of Augmentation and any water rights under which any individual well is operated. Amendments to the Plan of Augmentation for Cottonwood Hollow Subdivision must be approved by the HOA. The HOA shall then make Application to the Water Court. The HOA shall not be held liable for any result of said Application, and the lot Owner shall reimburse the HOA for all cost and attorney's fees in processing the Application. 3.0 EASEMENTS AND RIGHTS-OF-WAY. 3.1 Easements. Easements and rights-of-way for roads, driveways, electricity, phone, lighting and any other kinds of public or quasi -public utility service are reserved as shown on the Final Plat. No permanent barriers shall be erected or maintained on, across, or within the areas reserved for easements or rights-of-way, and access shall be provided as required. 3.2 Utility Lines. All new primary service lines may be installed overhead on poles from the existing source to the transformer pole providing service to the Lot. The location of transformer poles shall be approved by the HOA. All utility lines from the transformer pole to the structure shall be underground, out of sight and be constructed at the Owner's expense. 3.3 Utility Easements. The existing fifteen (15) foot wide utility easement shown on the Final Plat shall remain as granted to Holy Cross Electric Association prior to the recording of the Cottonwood Hollow Subdivision Final Plat, except that it shall include, but not be limited to, telephone and cable television lines. All twenty (20) foot wide utility easements shown on the Final Plat shall be utilized for any other utility services including electric power, telephone and cable television lines. Guy wires and anchors may be located outside all easements with the approval of the HOA. In the event that any new line cannot be located within the easements as shown on the Final Plat, the resulting easements shall be so described in a metes and bounds description and recorded with the Garfield County Clerk and Recorder. Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 4 1111 r ! iGrI'1I0 ' k 'aikg,Thif,n11110.1 10111111 Reception#: 850247 06/13/2014 12:32:62 PM Jean Alberico 4 or 8 Reo Fee:$46.00 Doc Fee:0.00 GARFIELD COUNTY Co 4.0 MAINTENANCE OF PROPERTY. 4.1 The Owner of each Lot shall keep the same clear and free of rubbish and trash and shall keep structures thereon in good repair, doing such maintenance,as may be required for the property. 4.2 No noxious or offensive conduct or activity shall be carried on upon any Lot or in any structure thereon which may constitute a health hazard, nuisance or annoyance to the neighborhood. 4.3 Clotheslines, equipment, garbage cans, service yards, woodpiles, or storage areas shall be adequately screened by planting or construction to conceal the same from neighboring Lots and streets. 4.4 The outside burning of trash, rubbish or other materials shall only occur upon consultation with the local fire department. Standard and approved outdoor fireplaces, fire pits and grills shall be allowed. 5.0 USE OF LOTS. Each Lot Owner shall comply with the Garfield County Subdivision Regulations and the Garfield County Zoning Regulations. These aforementioned regulations shall govern the allowable use of the Lot and designate any and all restrictions of the land, unless otherwise identified in the governing documents for the Association.. 6.0 RESUBDIVISION PROHIBITED. The resubdivision of a Lot is prohibited; however, the combining of Lots into one Lot shall be allowed, provided that the number of dwelling units on said new Lot does not exceed the number of dwelling units approved for the separate Lots before the single Lot was created, and if approved by Garfield County. Any combined Lot shall pay assessments and fees as if it were not combined. 7.0 ARCHITECTURAL CONTROL COMMITTEE. 7.1 Committee. The Architectural Control Committee (ACC) shall consist of three Owners who shall be designated by the Executive Board for a term of five (5) years. 7.2 ACC Authority. The ACC shall have the responsibility and authority to review, study, make recommendations and suggestions for changes to, and approve or reject proposed improvements on any Lot or the Common Element. 7.3 Rules. The ACC shall make such rules and adopt such procedures as it may deem appropriate to be approved by the Executive Board. 7.4 Approval of Plans. No buildings, Iandscaping requiring heavy equipment, new parking or vehicular driveway, fence, wall or other improvement shall be constructed, erected, altered or added to, on any Lot until building plans and site Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 5 1111Vi.rl:11111i,M4rift Pali inKitriliVEI 11 11 1 Reception#: 850247 06/13/2014 12:32:62 P{1 Jean Riberico 5 of 8 Reo Fee:$46.00 Doc Fee0.00 GARFIELD COUNTY CO plans and specifications showing color, location, materials, landscaping, and such other information relating to such improvements as the ACC may reasonably require shall have been submitted to and approved by the ACC in writing. The Owner shall not forward any notice of approval of such plans to a planning, zoning, or building department of Garfield County until such time as the ACC has completed its final review and approval of such plans. 7.5 Criteria. In approving such plans and specifications, the ACC shall consider: 7.5.1 The suitability of the improvements and materials which are to be constructed on the site considering the location; 7.5.2 The nature of adjacent and neighboring improvements; 7.5.3 The quality of materials to be utilized in any proposed improvements; 7.5.4 The effect of any proposed improvement on the view plain of any adjacent or neighboring property, including Lots; 7.5.5 The soil review for the site upon which any building is to be constructed and the results of soil tests for the particular site; 7.5.6 A drainage plan for the particular site and the effect of such drainage plan upon the overall subdivision drainage plan; and 7.5.7 The landscaping plan for a particular site which shall include designated parking and drive areas. 7.6 Effect of the ACC's Failure to Act. In the event the ACC fails to approve or disapprove plans and specifications submitted to it within sixty (60) days of submission, approval shall not be required and the related provisions of this Declaration shall be determined to be fully complied with. 7.7 Liability of ACC. The ACC shall not be liable in damages to any person submitting requests for approval or to any Lot Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests. 8.0 STRUCTURES IN THE SUBDIVISION. 8.1 No more than one (1) single family dwelling and one (1) accessory dwelling unit shall be erected upon any Lot. Two (2) detached outbuildings used as a garage, stable, barn, gazebo and/or shed are permitted if approved by the ACC. Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 6 Ill!porruC4mzMY'liiiKr'ili1WILtiP.MF13'Iiy+kii 11111 Reception#' 850247 06/13/2014 12:32:62 PM Jean Rlberlco 6 of 0 Rec Fee:646.00 Doc Fee:0.00 GARFIELD COUNTY CO 8.2 All structures to be built on any single Lot shall be within the designated and platted building envelope, with the exception of non -inhabitable outbuildings which may be sited outside of the building envelope with ACC approval. 8.3 The minimum size of each single-family structure shall be not less than 1200 square feet of floor area, exclusive of open porches, garages and carports. 8.4 No structure shall be permitted on any Lot which exceeds twenty-five (25) feet in height from the highest natural finished grade line immediately adjoining the foundation or structure. No radio, short wave or television antenna over five (5) feet above the highest roof line shall be permitted unless approved by the ACC. 8.5 No structure shall be erected by means of other than new construction, it being the purpose of this covenant to insure that old buildings will not be moved from the previous locations and placed upon a Lot. 8.6 All structures shall have exterior materials of either brick, stone, stucco, lumber, or a combination thereof. Exposed cinderblock and concrete block shall not be allowed unless approved by the ACC. Exposed concrete foundation walls should either be clad with a siding material or screened from public view with landscaping. Metal roofing is permitted provided it is of an earth tone or natural green color. 8.7 Each structure shall be completed within one (1) year from the commencement of construction. 8.8 No structure of a temporary character shall be allowed unless approved by the ACC. The foregoing shall include tents, shacks, garages, barns or any other outbuildings of any type. Temporary structures in use by a construction company constructing a structure on a Lot may be used, at the approval of the ACC, so long as their use does not exceed six (6) months. 8.9 Mobile homes shall not be allowed. 8.10 Landscaping shall blend with natural vegetation. All areas cut, filled, or disturbed by any construction or other activity shall be fully restored and landscaped. 9.0 FENCES. Architectural screen fences, Iimited to six (6) feet above ground level and constructed of natural wood, are allowed, providing they are located within the building envelope and approved by the ACC. Ali other fencing shall be open, wood post and wood rail, or wood post and plain wire (no barbed wire shall be permitted). Fences shall be constructed no higher than forty-two (42) inches high, preferably with a solid wood top rail. Under no circumstances shall a fence cross Cattle Creek. 10.0 ANIMALS. Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 7 1111 M rdiTtI kilt%Irk%1'14Il i 11111 Reception#: 850247 06/13/2014 12:32:82 PM Jean Rlberico 7 of 8 Rec Fee!$46.00 Doc Fga:0.02 GARFIELD COUNTY CO 10.1 The grazing of livestock shall occur only in fenced pasture area capable of supporting grazing. Animals are restricted from grazing during non -growing seasons. A maximum of four (4) horses per Lot shall be allowed, except on the Lots not capable of supporting livestock, those being 5, 6, 10, 12, and 13. Paddock areas should be located on relatively flat ground and constructed as herein provided. 10.2 Any dog or dogs of an Owner which become a nuisance to the neighborhood shall not be allowed to run loose and must be kept within the boundary of the Lot of their Owner. A dog or dogs will be deemed a nuisance upon written notice of complaint to the HOA by another Owner. 10.3 Lots must be kept clean, sanitary and reasonably free from refuse and waste at all times. 10.4 No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted with the exception of small rodents and animals that become a nuisance to a Lot Owner. 11.0 EFFECT AND DURATION OF COVENANTS. The covenants set forth in this Declaration shall run with the land and shall be binding upon all parties and all persons claiming in perpetuity, unless by a vote of two-thirds of all Lot Owners, the Covenants are terminated, or amended as provided for in Section 13.0 of this Declaration. 12.0 ENFORCEMENT. 12.1 Procedure for Enforcement. If any person shall violate or threaten to violate any of the provisions of this Declaration, the HOA may, but without obligation to do so, enforce the provisions of this Declaration by: 12.1.1 Entering upon the Lot where the violation or threatened violation exists and removing, remedying and abating the violation at the expense of the Owner of the Lot where the violation or threatened violation exists; such remedy shall be exercised after having given fifteen (15) days prior written notice to the Owner or Owners of the Lot on which the violation exists and provided the Owner shall have failed within such time to take such action as may be necessary to conform to the covenants under this Declaration; or 12.1.2 Instituting such proceedings at law or in equity as may be appropriate to enforce the provisions of this Declaration, including a demand for injunctive relief to prevent or remedy the threatened or existing violation of these covenants and for damages. 12.1.3 In the event any party with any rights under the terms of this Declaration must bring legal action for the enforcement of such covenants, then the Amended and Restated Declaration of Protective Covenants For Cottonwood Hollow Subdivision Page 8 1IIIMMA:Y'hALlM1WI` 0119:J1E4fr:14Y1MOCIIIrh 11111 Reception#: 850247 06/13/2014 12:32:52 PM Jean Albericc 8 of 8 Rec Fee:5346.00 Doc Fee:0.00 GARFIELD COUNTY CO prevailing party in such action shall be entitled to the recovery of reasonable attorney fees and costs of litigation, including reasonable costs of expert witness fees, if any. 12.1.4 The Executive Board reserves the right to levy fines authorized by the Rules and Regulations, at its sole discretion, for any violation of this Declaration. 13.0 AMENDMENT. A vote of two-thirds of the Owners of the Lots in the Subdivision shall be necessary to amend the covenants. 14.0 SEVERABILITY. Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no way affect any of the other provisions which shall remain in full force and effect. 15.0 WATER COMMITTEE. A Water Committee shall consist of at least one (1) member and no more than three (3) members. The Water Committee shall have the responsibility to review, study, make recommendations and suggestions to the Executive Board for changes to or improvements of the Common Element. The Water Committee, to the best of its ability, shall also ensure that all noticing requirements of the Colorado Division of Water are being met. COTTONWOOD HOLLOW HOMEOWNERS' ASSOCIATION By: OO.roir Npj-i pl-jPJ.O sits President Date: Ca } — 14 STATE OF COLORADO ) ) ss. COUNTY OF �bti1 The foregoin instrument was signed before me this _'1 day of 3 , 2014,, by Arum n [s. as the President of Cottonwood Hollow Homeowners' Association. Witness my hand and official seal. My commission expires: - aq CHER R. VINCENT NOTARY PUSLIC STATE OF COLORADO NOTARY ID 20124054484 MYC• MISSION exp ^E 16 stewart title January 12, 2015 Roger B. Eshelman and Amelia S. Eshelman 7378 CR 100 Carbondale, CO 81623 Mary L Scheurich File No: 01330-492180TP Property Address: TBD Cottonwood Hollow, Carbondale, CO 81623 Dear Customer: Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Phone (800) 966-1709 Fax Ma ry. Sch eu ri ch@ Stewart. co m Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title - Glenwood Springs - Main If you want information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at http://www.stewarLcom. ALTA Owner's Policy (6/17/06) OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a govemmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: Authorized Countersignature Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 stewart title guaranty company ys 1 908 :• ca r Agent ID: 06051A rr=xAs.,. Matt Morris President and CEO Denise C raux Secretary Copyright2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP Page 1 of Policy Serial No.: 0-9301-003369823 AMERICAN I.'NF1 TITI F ASSOCIA HON COVERED RISKS (Continued) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely; or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental 4. regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 5. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy: The date designated as "Date of Policy' in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. if the grantee wholly owns the named Insured. if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the (2) (3) (g) Insured named in Schedule A for estate planning purposes. (ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. (i) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP Page 2 of Policy Serial No.: 0-9301-003369823 AMERICAN LAND TITI F ASSOCIATION CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) VVhenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, induding books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. OTHERWISE SETTLE CLAIMS; (b) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted 10 ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP Page 3 of Policy Serial No.: 0-9301-003369823 AMERICAN 1 AND TITI F ASSOCIATION I CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount ofInsurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attomeys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attomeys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted 10 ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP Page 4 of Policy Serial No.: 0-9301-003369823 AMERICAN IAND TITI ASSOCIATION ALTAOWNER'S POLICY (6/17/06) Name and Address of Title Insurance Company: File No.: 01330-492180TP SCHEDULE A Stewart Title Guaranty Company P.O. Box 2029, Houston, TX 77252 Policy No.: 0-9301-003369823 Address Reference: TBD Cottonwood Hollow, Carbondale, CO 81623 (For Company Reference Purposes Only) Amount of Insurance: $95,500.00 Date of Policy: January 08, 2015 at 10:21 AM 1. Name of Insured: Roger B. Eshelman and Amelia S. Eshelman 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Roger B. Eshelman and Amelia S. Eshelman 4. The Land referred to in this policy is described as follows: Lot 7 COTTONWOOD HOLLOW SUBDIVISION According to the Plat recorded October 1, 1984 as Reception No. 356154. County of Garfield, State of Colorado Premium: $648.00 Copyright 2006-2009 American Land Trtle Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP CO STG ALTA Owner's Policy Sch A STCO Page 1 of 1 STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 01330-492180TP Policy No.: 0-9301-003369823 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 6. Water rights, claims or title to water. 7. All taxes for 2014 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right or the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 30, 1941 in Book 205 at Page 380 as Reception No. 145554. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded as follows: July 6, 1911 in Book 71 at Page 483 as Reception No. 42198 and December 30, 1941 in Book 205 at Page 380 as Reception No. 145554. 10. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded July 10, 1972 in Book 433 at Page 25 as Reception No. 254439. 11 Deed recorded March 25, 1966 in Book 375 at Page 50 as Reception No. 234013. 12. Deed recorded November 6, 1974 in Book 466 at Page 103 as Reception No. 265290. 13. Waiver recorded June 3, 1982 in Book 600 at Page 635 as Reception No. 328312. 14. Subdivision Improvement Agreement, recorded October 1, 1984 in Book 657 at Page 647 as Reception No. 356155 and Amendment thereto, recorded July 23, 1985 in Book 672 at Page 744 as Reception No. 363572 and Amendment recorded January 22, 1986 in Book 682 at Page 409 as Reception No. 368260 and Amendment recorded June 3, 1986 in Book 689 at Page 299 as Reception No. 371585, and Amendment recorded July 1, 1986 in Book 690 at Page 655 as Reception No. 372238. Copyright 2006-2009 American Land Trtle Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-492180TP CO STG ALTA Owner's Policy Sch B SE Page 1 of 2 STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 15. Declaration of Protective Covenants, recorded October 1, 1984 in Book 657 at Page 657 as Reception No. 356156 and recorded December 4, 2001 in Book 1307 at Page 915 as Reception No. 592809, and Amendments to the Covenants of Cottonwood Hollow Subdivision recorded January 10, 2002 in Book 1319 at Page 622 as Reception No.'s 595446 595447 595448 595449, 595450 595451 and 59545Z Amendment recorded January 14, 2002 as Reception No. 595573, Amendment to the Declaration of Protective Covenants recorded January 21, 2009 as Reception No. 761907 Amended and Restated Declaration of Protective Covenants recorded June 13, 2014 as Reception No. 850247. 16. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river, or lies below the mean high water mark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river; (c) the land is subject to water rights, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. 17. Matters as shown on the Cottonwood Hollow Subdivision Final Plat recorded October 1, 1984 as Reception No 356154. 18. Well Sharing Agreement recorded September 8, 1988 in Book 740 at Page 775 as Reception No. 395129. 19. Memorandum of Water Allotment Contract recorded June 20, 2002 in Book 1364 at Page 137 as Reception No. 605621. 20. Exhibit B to Water Lease and Agreement recorded March 10, 2003 in Book 1444 at Page 729 as Reception No. 622577. 21. Water Rights Agreement recorded December 9, 2008 as Reception No. 759882, Amendment recorded April 22, 2010 as Reception No. 784993. 22. Findings of Fact, Conclusions of Law, Ruling of Referee and Decree of the Water Court, recorded November 30, 2011 as Reception No. 811320. 23. Encroachment and/or possessory rights of wood fence located on the Southeast portion of Lot 7 as disclosed by Improvement Location Certificate dated September 3, 2014 by David C. Nicholson L.S. 34595, Divide Creek Surveyors, Inc. 24. Deed of Trust executed by Roger Eshelman and Amelia Eshelman to the Public Trustee of Garfield County, dated January 5, 2015, in the principal amount of $92,700.00, payable to Alpine Bank and recorded January 8, 2015 as Reception No. 858024. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association File No. 01330-492180TP CO STG ALTA Owner's Policy Sch B SE Page 2 of 2 STEWART TITLE GUARANTY COMPANY Anti -Fraud Statement CRS 10-1-128 File No.: 01330-492180TP "It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes—to offer our products and services to you. Yes No For Joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes—information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposeeh information about your creditworthiness. No We don't share For our affiliates to market to you b For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: "you have any questions about Ms pevacynabfcg please contact as at Stewart Title Guaranty Company 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-492180TP Page 1 Revised 11-19-2013 CO STG Endorsement 110.1 Deletion of Exception ALTA Owner ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-003369823 Issued by STEWART TITLE GUARANTY COMPANY File No.: 01330-492180TP Charge: $65.00 Said Policy is hereby amended by deleting paragraphs 1 - 4 inclusive, of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: Authorized Countersignature Stewart Title 97 Main Street, Suite W201 Edwards, CO 81632 Agent ID: 06051A Endorsement Serial No. File No. 01330-492180TP STG CLTA Form 110.1 Deletion of Exception ALTA Owner stewart title guaranty company E-9851-532534010 Matt Morris President and CEO Secretary Page 1 of 1 858020 01/08/2015 10:21:58 AM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $9.55 eRecorded WARRANTY DEED State Doc Fee: $9.55 THIS DEED Is dated the 7th day of January, 2015, and Is made between Gallen B. Smith Family Trust (whether one, or more than one), the "Grantor' of the County of PltkIn and State of Colorado and Roger 13 Eshelman and Amelia S Eshelman the "Grantees', whose legal address Is 7378 CR 100, Carbondale, CO 61623 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ninety Flve Thousand Five Hundred Dollars and No Cents ( $95,500.00 ), the receipt and sufficiency of which Is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, riot in tenancy In common but in joint tenancy, all the real property, together with any Improvements thereon, located in the County of Garfield and State of Colorado described as follows: Lot 7 COTTONWOOD HOLLOW SUBDIVISION According to the Plat recorded October 1, 1984 as Reception No. 356154. County of Garfield, State of Colorado 1 ',Also known by street address as: TBD Cottonwood Hollow, Carbondale, CO 81623 3 ' TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, Ihn reversions, remainders. rents. Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of gee Grantor, either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantees, and the Grantees' heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor Is well seized of the premises above described: has good, sure, perfect, absolute and Indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, !lens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit "A" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, hut not any adjoining vacated street or alley, If any, In the quiet and peaceable possession of the Grantees, and the hairs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. N B SMITH FAMILY TR Pamela D Smith Trustee Stewart 119e File Number. 0133049218 921 JT WARRANTY DEED (To Joint Tenants) STCO Page 1 WARRANTY DEED State Doc Fee: $9.55 THIS DEED is dated the 7th day of January, 2015, and is made between Gailen B. Smith Family Trust (whether one, or more than one), the "Grantor" of the County of Pitkin and State of Colorado and Roger B Eshelman and Amelia S Eshelman the "Grantees", whose legal address is 7378 CR 100, Carbondale, CO 81623 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ninety Five Thousand Five Hundred Dollars and No Cents ( $95,500.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with any Improvements thereon, located in the County of Garfield and State of Colorado described as follows: Lot 7 COTTONWOOD HOLLOW SUBDIVISION According to the Plat recorded October 1, 1984 as Reception No. 356154. County of Garfield, State of Colorado also known by street address as: TBD Cottonwood Hollow, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtflnances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and wilh the Grantees, and the Grantees' heirs and assigns: that at the lime of the enseating and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and In fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit "A" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alloy, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GAIL(7 N B SMITH FAMILY TRU �B S{nith Trustee P -mala D Smith Trustee Stewart Title File Number: 01330-49218 921 JT WARRANTY DEED (To Joint Tenants) STCO Page 1 State of Colorado County of Garfield The foregoing instrument was acknowledged before me this 7th day of January, 2015 by Gallen B Smith as Trustee and Pamela D Smith as Trustee of Gailen B Smith Family Trust. MARY L. SCHEURICH NOTARY PUBLIC' STATE OF COLORADO NOTARY ID #19974007954 - --'-m r.pirrrr`rWien n� - - Witness my hand an official dal. Notary Public Mary L. Scheurich My commission expires: Stewart Title File Number: 01330-49218 Page 2 921 JT WARRANTY DEED (To Joint Tenants) STCO EXHIBIT "A" DEED EXCEPTIONS 1. Taxes for the year 2015 and subsequent years not yet a lien due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right or the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 30, 1941 in Book 205 at Page 380 as Reception No. 145554. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded as follows: July 6, 1911 in Book 71 at Page 483 as Reception No. 42198 and December 30, 1941 in Book 205 at Page 380 as Reception No. 145554. 4. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded July 10, 1972 in Book 433 at Page 25 as Reception No. 254439 5. Deed recorded March 25, 1966 in Book 375 at Page 50 as Reception No, 234013. 6. Deed recorded November 6, 1974 in Book 466 at Page 103 as Reception No. 265290. 7. Waiver recorded June 3, 1982 in Book 600 at Page 635 as Reception No. 328312. 8. Subdivision Improvement Agreement, recorded October 1, 1984 in Book 657 at Page 647 as Reception No. 356155 and Amendment thereto, recorded July 23, 1985 in Book 672 at Page 744 as Reception No. 363572, and Amendment recorded January 22, 1986 in Book 682 at Page 409 as Reception No. 368260 and Amendment recorded June 3, 1986 in Book 689 at Page 299 as Reception No. 371585, and Amendment recorded July 1, 1986 in Book 690 at Page 655 as Reception No. 372238. 9. Declaration of Protective Covenants, recorded October 1, 1984 in Book 657 at Page 657 as Reception No. 356156, and recorded December 4, 2001 in Book 1307 at Page 915 as Reception No. 592809, and Amendments to the Covenants of Cottonwood Hollow Subdivision recorded January 10, 2002 in Book 1319 at Page 622 as Reception No.'s 595446, 595447, 595448, 595449, 595450, 595451 and 595452, Amendment recorded January 14, 2002 as Reception No. 595573, Amendment to the Declaration of Protective Covenants recorded January 21, 2009 as Reception No. 761907, Amended and Restated Declaration of Protective Covenants recorded June 13, 2014 as Reception No. 850247. 10. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river, or lies below the mean high water mark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river; (c) the land is subject to water rights, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. 11. Matters as shown on the Cottonwood Hollow Subdivision Final Plat recorded October 1, 1984 as Reception No. 356154. 12. Well Sharing Agreement recorded September 8, 1988 in Book 740 at Page 775 as Reception No. 395129. 13. Memorandum of Water Allotment Contract recorded June 20, 2002 in Book 1364 at Page 137 as Reception No. 605621. 14. Exhibit B to Water Lease and Agreement recorded March 10, 2003 in Book 1444 at Page 729 as Reception No. 622577. 15 Water Rights Agreement recorded December 9, 2008 as Reception No. 759882, Amendment recorded April 22, 2010 asReception No. 784993. 16. Findings of Fact, Conclusions of Law, Ruling of Referee and Decree of the Water Court, recorded November 30, 2011 as Reception No. 811320. 17 Encroachment and/or possessory rights of wood fence located on the Southeast portion of Lot 7 as disclosed by Improvement Location Certificate dated September 3, 2014 by David C. Nicholson L.S. 34595, Divide Creek Surveyors, Inc. Stewart Title File Number: 01330-49218 Page 3 921 JT WARRANTY DEED (To Joint Tenants) STCO REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all properly for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Rea! Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers. TBD Cottonwood Hollow, Carbondale, CO 81623 2. Type of property purchased: _ Single Family Residential Townhome Condominium ^ Other Multi -Unit Res Commercial Industrial _ Agricultural Mixed Use SL Vacant Land 3. Date of closing: January 07, 2015 Date of contract if different than closing: October 15, 2014 4 Total sale price: Including all real and personal property. $95,500.00 5 Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? _Yes No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. X Yes No If no, interested purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes •-.N o 9. Check any of the following that apply to the condition of the improvements at the time of purchase. New _ Excellent Good _Average _• Fair Poor Salvage /-: Vacant land. If the property is financed, please complete the following. 10. Total amount financed. $92,700.00 11. Type of financing: (check all that apply) X New Assumed Seller Third Party Combination; Explain File No : 01330-49218 Real Property Transfer Declaration TD 1000 STCO Page 1 of 2 12. Terms: Variable; Starting interest rate fir $ s( _ Fixed; Starting interest rate Length of time ' Pr -70 Balloon payment _Yes No. If yes, amount Ok years Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price inctud If yes, franchise or license fee vi or cense fee? Yes _ No 15. Did the purchase price involve an installment land contract? _Yes No If yes, date of contract 16. If this was a vac nt land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? vac _ No Remarks: Please include any additional information concerning the sale you may feel is important. 17 Signed this 7th day of January , 2015 Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. , /' Buy (s): c}i Rogef B Eshelman -- (Amelia'S Eshelman 18. All future correspondence (tax bills, property valuations, etcr)'regarding this property should be mailed to: 7378 CR 100 Address (mailing) Carbondale, Colorado 81623 City, State and Zip Code Daytime Phone File No.: 01330-49218 Real Property Transfer Declaration TD 1000 STCO Page 2 of 2 858021 01/08/2015 10:21.:58 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded- STATEMENT OF AUTHORITY (38-30-172, C.R.S.) to entity named t?rfttEWYB SMITH FAMILY TRUST 1. This Statement ofAuthority relates an And Is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2.. The type of entity is a TRUST 3. The mailing address for the entity Is: 12 o <74-14,107M105 . 152/46 --ell ...._._ 4, The entity is formed under the laws of COLORADO 5. The name of the persons) authorized to execute instruments conveying, encumbering, or otherwise affe ng dile to real properly on behalf of the entity is: etlAt-E14 B SMITH AND PAMELA 0. SMITH , Trustees e. The authority of the foregoing person(s) to bind the entity Is X Not limited OR ® Limited as follows: 7. Other matters concerning the manner in which the entity deals with interest in real property: Dated this day of I `: ;:.....'.. r , 144 Airv T 1'Air , J State of Y.-iAOrr \r2.— County of 0,AOtLt91X e foregoing Instrument was acknowledged before me this At°day of +ems . f.GAL-L-NII Sli fPH AND PANEL.A D. Milli as the TRUSTEE . of tt-i3. SM1RITH FAMILY TRUST . soaone„ my hand and official P"-, I Vit*. ^ V 4.#04osirs'35\ c `oto-:.. .IIc Tiskt.P.tormrie:of My commission expires: icQ �S- M1 4r rr O �rMaann Statement of Authority Buyer Full SICO Page 1 of i STATEMENT OF AUTHORITY (38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named drAte'1V'B SMITH FAMILY TRUST And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2. The type of entity is a TRUST 3. The mailing address for the entity ia: ,e, n,(/ 6 4. The entity is formed under the laws of COLORADO 5. The name of the person(s) authorized to execute instruments convoying. encumbering, or otherwise affe ng title to real property on behalf of the entity Is: -eAtEN B SMITH AND PAMELA D. SMITH , Trustees —6114ffeil 6. The authority of the foregoing person(s) to bind the entity is X Not limited OR ® Limited as follows: 7. Other matters concerning the manner in which the entity deals with interest In real property: Dated thi,sofrii g day of _....11-1 'f ,f & �,. it rte, NV State of O1C , County of '1'-',2A(aLt T e fo oIng instrument was acknowledged before me this ) day of t-t%- , AiLb rAL-E#*H SMITH AND PAMELA D. $MUCH as the TRUSTEE of ;y -t tS. SMITH FAMILY TRUST - iL oµitisarurergyrf t s my han_ d and official seal. A Ery .r Fp.,„ 1"lei /rt. - /47VA #04009835 't % iota �. •tic sP_1 Exo►zertet s My commission expires: fa 2-LA 162 4,erum noy Statement ofAuthority Buyer Full STCO Page 1 of 1 State of OY ilk/fY16t.- County of -00 ii c,.,'1P_ 2eq, 1st" The foregoing instrument was acknowledged before me this 4041 -day of Octobe4 2014 by Gallen B Smith as Trustee and Pamela D Smith as Trustee of Gailen B Smith Family Trust. Wit my hand and officla seal. Notary ublic My commission expires: Stewart Title Title Flle Number. 01330.35830 Page Z 932A WARRANTY DEED STCO llrSVVVtlll P670 .7- ,14/•°"14')- #04009835 %EXP. torzarref a 14- ':771s.n ,HLG o c 4j'3kOI1ryp ,` 858023 01/08/2015 10:21:58 AM Page 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $26.00 Doc Fee: $0.00 eRecorded QUITCLAIM DEED AND ASSIGNMENT Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as Trustees of the Gailen B. Smith Family Trust (collectively, "Grantors"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively, "Grantees"), whose legal address is 7378 County Road 100, Carbondale, Colorado, 81623 the following property in the County of -Garfield, State of Colorado, to -wit: All the right, title, interest and claims which Grantors have, if any, in and to any and all water and water rights, ditch and ditch rights, well and well rights, reservoir and reservoir rights, and plans for augmentation appurtenant to, used on, for the benefit of, or in connection with the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, including, but not by way of limitation, the following: • Bobcat Ridge Estates Well No. 7 water right decreed in Garfield County District Court, Water Division 5 Case No. 80CW359 for 15 gpm for domestic, stockwatering and lawn and garden irrigation uses and further decreed in 08CW12 for 5 gpm for domestic use in one single family dwelling. • That portion of the Wendi Smith Reservoir water right decreed in Garfield County District Court, Water Division 5 Case No. 84CW707 for 5.0 acre-feet, conditional, for h-rigation, domestic, and livestock watering purposes that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. • That portion of the -Wendi- Smith Reservoir First Enlargement water right decreed in Garfield County District Court, Water Division 5 Case No. 00CW198 for 0.30 acre-feet for augmentation, domestic, irrigation, and livestock watering uses that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. • That portion of the McVey Reservoir water right decreed in Garfield County District Court, Water Division 5 Case No. 79CW59 for 13.0 acre-feet for irrigation and fish culture uses that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation pursuant to the plans for augmentation decreed in Garfield County District Court, Water Division 5 Case Nos. 80CW359 and 00CW159. • Those portions of the plans for augmentation decreed in Garfield County District Court, Water Division 5 Case Nos. 80CW359, 00CW159, and OSCW12 necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. Page 1 of4 QUITCLAIM DEED AND ASSIGNMENT Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as Trustees of the Gailen B. Smith Family Trust (collectively, "Grantors"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively, "Grantees"), whose legal address is 7378 County Road 100, Carbondale, Colorado, 81623 the following property in the County of Garfield, State of Colorado, to -wit: All the right, title, interest and claims which Grantors have, if any, in and to any and all water and water rights, ditch and ditch rights, well and well rights, reservoir and reservoir rights, and plans for augmentation appurtenant to, used on, for the benefit of, or in connection with the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, including, but not by way of limitation, the following: • Bobcat Ridge Estates Well No. 7 water right decreed in Garfield County District Court, Water Division 5 Case No. 80CW359 for 15 gpm for domestic, stockwatering and lawn and garden irrigation uses and further decreed in 08CW12 for 5 gpm, for domestic use in one single family dwelling. • That portion of the Wendi Smith Reservoir water right decreed in Garfield County District Court, Water Division 5 Case No. 84CW707 for 5.0 acre-feet, conditional, for irrigation, domestic, and livestock watering purposes that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. • That portion of the .Wendi Smith Reservoir First Enlargement water right decreed in Garfield County District Court, Water Division 5 Case No. 00CW198 for 0.30 acre-feet for augmentation, domestic, irrigation, and livestock watering uses that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. • That portion of the McVey Reservoir water right decreed in Garfield County District Court, Water Division 5 Case No. 79CW59 for 13.0 acre-feet for irrigation and fish culture uses that is necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation pursuant to the plans for augmentation decreed in Garfield County District Court, Water Division 5 Case Nos. 80CW359 and 00CW159. • Those portions of the plans for augmentation decreed in Garfield County District Court, Water Division 5 Case Nos. 80CW359, 00CW159, and 08CW12 necessary for providing a legal water supply to the property described on Exhibit "A" directly, indirectly, or by way of augmentation. Page 1 of 4 Quitclaim Deed Water Rights Page 2 of 4 • All rights and obligations under that certain Water Rights Agreement filed as Reception No, 759882 of the Garfield County Clerk and Recorder's Office. • Colorado Division of Water Resources well permit number 75787-F and all rights to use the well drilled pursuant to such permit. • Any and all well permits issued to permit construction of a well to serve the property described on Exhibit "A". • The well and well structure constructed to serve the property described on Exhibit "A" and any and all other personal property, equipment, hardware or infrastructure affixed to or used in connection with said well. • All pumps, motors, conveyance structures and any other structures and equipment related to and/or used in connection with providing a legal water supply for the property described on Exhibit "A". • All rights of way and easements associated with the water rights appurtenant to, used on, for the benefit of, or in connection with the property described on Exhibit "A". with all appurtenances; Signed this 7th day of January, 2015 GRANTORS Pine IIlnd LLC yllen B. Smith, Mea,ber of Pine Island LLC (/ By: Pj mela D. Smith, Member of Pine Island LLC 9 ► en B. Smith, Individually and as Trustee of the Guile. Smith Family TrustTrj .7 amela D. Smith, Individually and as Trustee • of the Gailen B. Smith Family Trust [Acknowledgement on following page] After recording, return to: Kerst & Strautman PC 823 Blake Ave., # 202, Glenwood Springs, CO 81601 COUNTY OF GARFIELD ) )ss STATE OF COLORADO ) Quitclaim Deed Water Rights Page 3 of4 The foregoing quit claim deed and assignment was acknowledged before me this 7th day of January, 2015, by Gailen B. Smith and Pamela D. Smith, as Members of Pine Island, LLC and Individually and as Trustees of the Gailen B. Smith Family Trust. WITNESS my hand and official seal. My commission expires: r : MARYMARYL., 13CHEURBCH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007954 MY Commivoio thiplrony 22, 2017 After recording, return to: Kerst & Strautman PC 823 Blake Ave., ti 202, Glenwood Springs, CO 81601 Notary Public Quitclaim Deed Water Rights Page 4 of 4 EXHIBIT "A" LOT 7 COTTONWOOD HOLLOW SUBDIVISION According to the Final Plat recorded October 1, 1984 as Reception No. 356154 COUNTY OF GARFIELD, STATE OF COLORADO also known by street and number as: TBD Cottonwood Hollow, Carbondale, CO 81623; Assessor's Parcel No. 239312302007 After recording, return to: Kerst & Strautman PC 823 Blake Ave., # 202, Glenwood Springs, CO 81601 858022 01/08/2015 10:21:58 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc -Fee: $0.00 eRecorded MINERAL DEED Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as Trustees of the Gailen B. Smith Family Trust (collectively, "Grantors"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively, "Grantees"), whose legal address is 7378 County .Road 100, Carbondale, Colorado, 81623, that certain real property interest situated in the County of Garfield, State of.Colorado, to wit: All of Grantors' right, title and interest in and to all of the oil, gas and other minerals, if any, in, on an Under, and that may be produced from, any lands located in Garfield County, Colorado, including mineral rights interest in the following lands: LOT 7 �knl:i COTTONWOOD HOLLOW SUBDIVISION According to the Final Plat recorded October 1, 1984 as Reception No. 356154 also known by street and number as: TBD Cottonwood Hollow, Carbondale, CO 81623; COUNTY OF GARFIELD, STATE OF COLORADO Assessor's Parcel No. 239312302007; together with all appurtenances. SIGNED this 7th day of January, 2015. GRANTORS Pine Iwo = nd LLC 13/y . a'len B. Smith, Member of Pine Island LLC ✓ r / of Pine Island LLC Gailen B. Smith, Individually and as Trustee of the Gailen B. Smith Family Trust [Acknowledgement on following page] After Recording Return To: Kerst & Strautman P.C. 823 Blake Avenue, Suite 202, Glenwood Springs, CO 81601 MINERAL DEED Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as Trustees of the Gailen 13. Smith Family Trust (collectively, "Grantors"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively, "Grantees"), whose legal address is 7378 County Road 100, Carbondale, Colorado, 81623, that certain real property interest situated in the County of Garfield, State of Colorado, to wit: All of Grantors' right, title and interest in and to all of the oil, gas and other minerals, if any, in, on and under, and that may be produced from, any lands located in Garfield County, Colorado, including mineral rights interest in the following lands: LOT 7 COTTONWOOD HOLLOW SUBDIVISION According to the Final Plat recorded October 1, 1984 as Reception No. 356154 also known by street and number as: TBD Cottonwood Hollow, Carbondale, CO 81623; COUNTY OF GARFIELD, STATE OF COLORADO Assessor's Parcel No. 239312302007; together with all appurtenances. SIGNED this 7th day of January, 2015. GRANTORS Pine Isi[rind LLC By: "len B. Smith, MerPber of Pine Island LLC By: P f ela D. Smith, Mem of Pine Island LLC 2 dailen B. Smith, Individually and as Trustee of the Gailen B. Smith Family Trust [Acknowledgement on following page] After Recording Return To: Kerst & Strautman P.C. 823 Blake Avenue, Suite 202, Glenwood Springs, CO 81601 COUNTY OF GARFIELD )ss STATE OF COLORADO The foregoing mineral deed was acknowledged before me this 7r" day of January, 2015, by Gailen B. Smith and Pamela D. Smith, as Members of Pine Island, LLC and Individually and as Trustees of the Gailen B. Smith Family Trust. WITNESS my hand and official seal. My commission expires: v MARY L. 8CHEURICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #16974007954 My Commission Expires May 22, 2017 J Notary Public Address: After Recording Return To: Kerst & Strautrnan P.C. 823 Blake Avenue, Suite 202, Glenwood Springs, CO 81601 858024 01/08/2016 10:21:58 AM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Alpine Bank, A Colorado Banking Corporation Alpine Benk Basalt 400 7th Street South Rills, CO 01850 WHEN RECORDED MAIL TO: Alpine Benk 400 71h Street South Rifle, CO 81660 SEND TAX NOTICES TO: ROGER ESHELMAN AMELIA ESHELMAN 7378 COUNTY ROAD 100 •'t][)ji93DALE, CO B1023-81115 FOR REG_QRDER'S USE ONLY DEED OF TRUST , MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien or thte Deed or Trust shall net exceed at any one time 192,700,00 except ea k Allowed under applicable Colorado law. [r THIS DEED OF TRUST is dated January 5, 2015, among ROGER ESHELMAN and AMELIA ESHELMAN l_:: ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Basalt, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"): and the Public Trustee of EAGLE County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable censiderntinn. Grantor hereby irravueabty grants, Cranafaro and assigns to Trustee for tho benefit of Leader as Benotlotary ail of Grealor'e right. lith, and Miami In end to the following described real property, together with nil (whiting or subsugurntiy erector! or alibied hulklinga, Impmvanienre era! Ilxtures; all easements, rights of way, and appurtenances; all water. water rights end ditch rights (Including stock in utilities with ditch or Irrigation tights}; end ell other rights, royalties, and profile relating to the real property, including without tmhatien se minerals, ell, 915, geothermal and similar matters, (the "Real Properly") located in EAGLE County, State of Colorado: LOT 7 COTTONWOOD HOLLOW SUBDIVISION ACCORDING TO THE PLAT RECORDED OCTOBER 1, 1984 AS RECEPTION NO. 356154. COUNTY OF GARFIELD, STATE OF COLORADO TOGETHER WITH, ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST NOW VESTED OR WHICH GRANTOR MAY HEREAFTER ACQUIRE, IN AND TO ALL WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, RESERVOIRS AND RESERVOIR RIGHTS, WELLS AND UNDERGROUND WATER RIGHTS, UNNAMED AQUIFERS, SEEPAGE AND WASTE WATER, WHICH ARE APPURTENANT TO OR HAVE BEEN HISTORICALLY USED ON THE ABOVE DESCRIBED PROPERTY. TOGETHER WITH ALL EASEMENTS, PERMITS, RiGHTS-OF-WAY, EQUIPMENT, FIXTURES, HEADGATES, FLUMES, INTAKE, SPILLWAYS, ASSETS, AND LINES REQUIRED FOR THE DELIVERY OF WATER, USED UPON OR APPURTENANT TO THE ABOVE DESCRIBED PROPERTY OR WATER RIGHTS. The Real Property or its address is commonly, known as TBD COUNTY ROAD 113 , CARBONDALE, CO 81623. CROSS COLLATERALIZATION. in addition to the Nole, riga Dead of Trust nacurea ell obligations, debts end IIeblltloa, okra interest thereon, of either Grantor or 11orrawnr ro Lender, or any ane or mere or them, as wen as all. claims by Lender against Borrower and Granter or any ane or Mara of them, whether now existing or hereafter arising, whether related or unrelated 10 the purpose at the Nolo, whether voluntary or otherwise, whether duo or nal•duo, direct or indirect, determined or undetermined. absolute or contingent, Moldered or un8quldated, whether Renewer ar Grantor may be halite Inrllvldrrnlly or jointly with others, whether obligated es guerantar, surety, occommodatlonparty or alherwise, end whether recovery upon such amounts may be or hereafter may become barred by eny etatute of Ilmltetlane, and whether the obligation to mune such ameunte may be or hereafter may Income otherwise unenforceable. Grantor presently assigns to Lender (also known es Beneficiary in this Deed of Trust) ell of Grantor's right, title, and interest in and to all present end future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Coda security Interest In the Pereonal Property and Rents. THIS DEED OF•TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Granter warrants that: lel this Dead of Trust is executed at Borrower's request and net et the request of Lander; .51 Grantor has the foil power, right, end authority to enter lila this fired of Trust and to hypothacete Iia Property: (c} the preYielone of this'Deed of Truot do not conflict with, or result In a default under any agreement or ullnir insuumarlt binding open Granter and do net result in a violation al any law, regulation, court team( or nrdo' applicable to Grenror: fdl Granter bee astahilahed edequnte manna of obtaining from Borrower on a continuing bailie information al;nut Borrowers linencgd condition; and lel (.ander hes made no reptesentadon to Grantor about Borrower (including without [Imitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives al rights or defenses analog by reason of any "one action' or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either Judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except es otherwise provided In this. Deed of Trust, Borrower and Grantor shall pay -to Lender all Indebtedness aecured by this Deed of Trust ea It becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed al Trust, and the Related Documents. RECORDATION REQUESTED BY: Alpine Bank, A Colorado Banking Corporation Alpine Bank Basalt 400 7th Street South Rifle, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81650 SEND TAX NOTICES TO: ROGER ESHELMAN AMELFA ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE. CO 81623.9816 FOR REQQRDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shelf not exceed at any ane time $92,700.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated January 5, 2015, among ROGER ESHELMAN and AMELIA ESHELMAN ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Basalt, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"): and the Public Trustee of EAGLE County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest In and to the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in EAGLE County, State of Colorado: LOT 7 COTTONWOOD HOLLOW SUBDIVISION ACCORDING TO THE PLAT RECORDED OCTOBER 1, 1984 AS RECEPTION NO. 356154. COUNTY OF GARFIELD, STATE OF COLORADO TOGETHER WITH, ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST NOW VESTED OR WHICH GRANTOR MAY HEREAFTER ACQUIRE, IN AND TO ALL WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, RESERVOIRS AND RESERVOIR RIGHTS, WELLS AND UNDERGROUND WATER RIGHTS, UNNAMED AQUIFERS, SEEPAGE AND WASTE WATER, WHICH ARE APPURTENANT TO OR HAVE BEEN HISTORICALLY USED ON THE ABOVE DESCRIBED PROPERTY. TOGETHER WITH ALL EASEMENTS, PERMITS, RIGHTS-OF-WAY, EQUIPMENT, FIXTURES, HEADGATES, FLUMES, INTAKE, SPILLWAYS, ASSETS, AND LINES REQUIRED FOR THE DELIVERY OF WATER, USED UPON OR APPURTENANT TO THE ABOVE DESCRIBED PROPERTY OR WATER RIGHTS. The Real Property or its address is commonly known as TBD COUNTY ROAD 113. , CARBONDALE, CO 81623. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts end liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all.clalms by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND 15) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (e) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, end authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shell pay to Lender ell Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, end the Related Documents. Loan No: 0560301601 DEED OF TRUST (Continued) Page 2 or violation of any Environmental Laws, lb/ any use, generation, manufacture, storage. treatment, disposal, release or threatened release of any Hazardous 5ubetance On, under, about or from the Property by any prier owners or occupanta of the Properly, or fel any aclual or thraatened Nineteen or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and acknowledged by Lender in writing, tall neither Grantor nor any savant, contraotor, agent Pr other authorized user of the Property shall use, ganorste, manufacture, store, treat, dispose of or release any Hazardous Substance en, ender, about or friar the Property; and (b) any such activity shall be conducted In compliance with al applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such impactions and mate, at Granter's expense, es Lender may deem appropriate to determine compliance of the Property with this section Of the Dead of Truax. Any Irlspeerions or tests made by Lender shall be for Lender's purposes only and shall not be construed to create arty responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are betted on Grantor's due diligence in invesligettng the Property for Hazardous Substances. Grantor hereby (t) releeses and waives any future claims against Lender far indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws: and 12) wrens to Indemnify, defend, and hold harmless Leeks agalnst any and elf claims, lasses. liabilities, damages, penalties, and expanses which Lender may directly or indirectly eusteln or suffer resulting from a breach of this section of the Mad of Trust or es a consequanca of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the saris was or should have boort known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shell promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and se long as, In Lender's sale opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately doe and payable all suras secured by this Deed of Trust upon the sale or transfer, without Lender's prior written toneant, of all or any part of the Real Property, or any Interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, 11110 or interest in tha Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale conrrect, lend contract, contract for dead, leasehold interest with a term greater than three (3l years, lsaso option contract, or by safe. assignment, or transfer of any beneficial Interest in or to any land trust holding thio to the Real Property. or by any other method of conveyance of an Interest In the Heat Property. However, this option shall not be exercised by Lender if such exer€iso Is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and In all events prior to delinquency) ell texas, spacial taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, end shall pay when due all claims for work done on or for services rendered or material Furnished to the Property. Grantor shall maintain the Property tree of all liens having priority over or equal to the interest of Lander under this Deed et Trust, except for the lien of taxes end assessments not due and except as otherwise provided in this Deed of Trust. Right to Central, Grantor may withhold payment of any toe, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long es Lender's interest in the Property is not jeopardized. If a iben arises or is filed as a result of nonpayment. Grantor shall within fifteen Iib) days alter the lien arises or, if a Hen is tiled, within flltean 1161 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or e sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge rho Ilan plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shell defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shalt name Lender as an additional obligee under any surety bond famished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, materlelmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in faun, amounts, coverages and basis reasonably accordable to Lender and issued by a company or companies reasonably acceptable to Lender, Grantor. upon request of Lender, will deliver to Lender from liana to lime the policies or cerlilidates of insurance In form satisfactory to Lender, including stipulations that coverages will not he cancelled or diminiehed without at least ton 1101 days prior written notice to Lender. Each Insurance policy attic shall include an endorsement provldlnyt diet coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Properly be located in en area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, far the full unpaid principal balance of the boon and any prior liana on the property securing the loan, up to the maximum policy Ilrnits sat under the National Flood tnauranco Program. or as otherwise required by Lender, and to maintain such insurance for the term of the loan. DEED OF TRUST Loan No: 0560301601 (Continued) Page 3 sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and 'Wilily insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to .Lender. Each insurance policy also shall include an endorsement providing that coverage In favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain end maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, end to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the cesusity. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property. or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days atter their receipt and which Lender hes not committed to the repair or restoration of the Properly shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (11 the term of any applicable insurance policy; ur (2) the remaining term of the Note; or IC) be treated as a balloon payment which will he due and payable at the Note's maturity. The Dead of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rtghta or any remedies to which Lender may be entitled en account of any defoult. Any such action by Lender shall not be construed es curing the default so as to bar Lender from any remedy that It otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (5) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense, Grantor may be the nominal party in such proceeding, but Lender shell be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness Is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shell promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's Ilen an the Real Property. Grantor shall reimburse Lender for ell taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shell constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of'principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect es an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, DEED OF TRUST Loan No: 0560301601 (Continued) Page 4 interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a pert of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request el Lender, Grantor wilt make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, end when requested by Lender, cause to be Hied, recorded, refiled, or rerecorded, as the case may be, at such times and In such offices and pieces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, soeudty agreements, financing statements, cant€nuadon statements, instruments of further assurance, certificates, and other documents as may, in the aide opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, ar preserve I51 Borrower's end Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens end security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited Isy law or Lender agrees to the contrary in writing, Grantor shell reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact. II Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of Grantor end at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's dlte'nayIn-foot for the purpose of making, executing, delivering, filing, recording, end doing ell other things es may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred 10 in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following happen: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any egreernent related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made ar furnished. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Death ar Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower or Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Properly or any other of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or tevying on tiorrower'a or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the claim on which the tatting of the Property is based is valid Or reasonable, and if Borrower or Grantor gives Lender written notice of the claim end furnishes Lander with monies or a surety bond satisfactory to Lender to satisfy the claim, Ihen this default provision will not apply. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedios, All of Lender's rights end remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform eny of Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not ailed Lender's right to declare Grantor in default end to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right et its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shell apply the proceeds of the sale in the following order: la) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; lb) to all sums secured by this Deed of Trust; and ic) the excess, if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to ell or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage :ha Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, ever and above Lender's costs. against the Indebtedness. In furtherance of this right, Lender may require any tenant ar ether user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates lender as Grantor's attorney-in-fact to endorse instruments received In payment thereof in the name of Grantor and to negatiete the same and collect the proceeds. Payments by tenants or other users to Lender fn response to Lender's demand shall satisfy the obligations for which the payments ere made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of ell or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the DEED OF TRUST Loan No: 0560301601 (Continued) Page 5 Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rants from the Property end apply the proceeds, over and above the cost of the receivership. against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify' a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either 11) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on ell or any portion of the Property. Upon any sale of the Property, whether made under a power of sate granted in this Dead of Trust or pursuant to judicial proceedings, if the holder of the Note Is a purchaser at such sale, it shall be endued to use and apply elf, or any portion of, the Indebtedness for or in settlement or payment of ali, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, arid any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person eondueting the safe In order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the tonne of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge raaaonable as attorneys` feria et trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by taw, all reasonaters expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of Its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there Is a lawsuit, including attorneys' fees and expanses for bunktuptcY proceadlrrgs (including efforts to modify or vacate any automatic stay or injunetlen(, appeals, and any anticipated posopetgment colrection services, the cost of searching records, obtaining title reports (including foreclosure reports). surveyors' reports. end appraisal foes, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, intruding without [Imitation any notice of default and any melee of sale shall be given in writing, and shall be effective when actually delivered, when actually received by tetefeceimlle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if melted, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lion which hes priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any parson may change his or her address for notices under this Deed of Trust by giving formal written notice to the other parson or persona, specifying that the purpose of the notice Ia to change the person's address. For notice purposes, Grantor agrees to keep Lender Informed et all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than ane Grantor, any notice given by Lander to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Dead of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and. to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Eagle County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, end all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that. Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Property and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of the Property. Grantor waives ali rights of exemption from execution or similar law in the Property, and Grantor agrees that the r1 hts of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect. Severability. If a court finds that any provision of thls Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the DEED OF TRUST Loan No: 0560301601 (Continued) Page 6 Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Alpine Bank, A Colorado Banking Corporation, end ite successors and assigns. Borrower. The word "Borrower" means ROGER B. ESHELMAN, AMELIA S. ESHELMAN and BENJAMIN ESHELMAN and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean thls Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Envtrenmental Laws. The words 'Environmental Lows" mean any sod all slate, federal and Iacel statutes, regulations end ordinances relating to the protection of human health ar the environment, including without limitation the Comprehensive Envtranmantsl Response, Compeneetion, and liability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. {'CERCLA'I, the Superfund Amendments and Reauthenzatfan Act of 1988, Pub. L. No. 99,499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 18Q1, el seq., the Resource Conservation and Recovery Act, 42 U.S.C. Sectien 6801, et seq., or other applicable state or federal laws, tuies, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means ROGER B. ESHELMAN and AMELIA S. ESHELMAN. Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substantias. The words "Flezardoua Substances" mean materials that, because of their quantity, concentration or phyelc-el, che+nical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, trained, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used In their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or weate as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and.other construction on the Real Property. Indebtedness. The word "indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note ar Related Documents. together with ell rented/41s of, extetnalone of, modifications of, consolidations at and substltuttana for the Note ar Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee ar Lander to enforce Grantar'a obligations under this Dead of Trust, together with Interest on ouch amounts es provided in this Deed et Trust, Specifically, without limitation, Indebtedness includes all amounts Chet may be indirectly secured by the Cross -Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Alpine Bank, A Colorado Banking Corporation, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note Note. The word "Note" means the promissory note dated January 5, 2015, in the original principal amount of $92,700.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note ar agreement. The maturity date of the Note is January 5, 2020. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with ell proceeds {including without limitation all insurance proceeds and refunds of premiumsl from any sale or other disposition si the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, Interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means the Public Trustee of GARFIELD County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: Rs tER 119N AMELIA S. ESHELMAN DEED OF TRUST Loan No: 0560301601 (Continued) Page 7 STATE OF ee)\ O' COUNTY OF INDIVIDUAL ACKNOWLEDGMENT ISS MARIA VERONICA VARGAS Notary Public State of Colorado Notary ID 20014021313 My Commission Expires Jan 21, 2018 On this day before me, the undersigned Notary Public, personally appeared ROGER ESHELMAN, to me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my handpn�If�E� By Dto s . day of or1fcinand for the State ofX(hf,r ca, 20 1 s My commission expires INDIVIDUAL ACKNOWLEDG STATE OF Cr, `(D CG Cy -17 ISS COUNTY OF Clit On this day before me, the undersigned Notary Public, personalty appeared AMELIA described in and who executed the Deed of Trust, and acknowledged that he of she voluntary act and deed, for the uses and purposes therein mentioned. Given under my jtgn Ojiicl1ls r I By p Negri; Pub -lrrviid fax the State of de>Li`4 'r, AL` NT MARIA VERONICA VARGAS Notary Public State of Colorado Notary ID 20014021313 My Commission Expires Jan 21, 2018 ESHELMAN, to me known to be the individual signed the Deed of Trust as his or her free and day of20 Residing at 1 il pyit My commission expires LASER PRO Lending, Ver. 14,1.0.009 Copr. Harland Financier Solutions, Inc. 1997, 2015, Alt Rights Reserved. MICA LPL1G01.FC TR -50059 PR 171 CO 858025 01/08/2015 10:21:58 AM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Alpine Bank. A Colorado Banking Corporation Alpine Bonk Basalt 400 7th Street South Rills, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81650 SEND TAX NOTICES TO: ROGER B. ESHELMAN ' AMELIA S. ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE CO 81623-8816 FOR RECORDEI;'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $92,700.00 except es allowed under applicable Colorado law. THIS DEED OF TRUST is dated January 5, 2015, among ROGER B. ESHELMAN and AMELIA S. ESHELMAN ("Grantor"); Alpine Bank. A Colorado Banking Corporation, whose address is Alpine Bank Basalt, 400 7th Street South, Role, CO. 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). l I'! 1 CONVEYANCE AND GRANT. For vetunble consideration, Grantor hereby 4 -revocably grana, transfers and assigns to Trustee for the ,benotit of Lender as Senofclnty air of Grantor's tight, title, and Intelsat in and to the following described real property, together with all existing or aubsotlucntiy emoted ar affixed buildings, Improvements end fixtures: all easements rights of way, and appurtenances; ' all water. water rights end ditch rights pnoluding stock. Inutllit:as with ditch or Irrl59tionnd of a);tae dall l other rl5hts, (yhei s. and . profits relating to the real property. Including witheu1 Ilmitatton all minerals, 011, g ga el Property") located in GARFIELD County, State of Colorado: LOT 1 PIONEER POINT SUBDIVISION - ACCORDING TO THE PLAT RECORDED AUGUST 20, 2013 AS RECEPTION NO. 839556, IN THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO COUNTY OF GARFIELD, STATE OF COLORADO The Real Property or its address is commonly known es 7332 COUNTY ROAD 100, CARBONDALE, CO 81623. GROSS•COLLATERALIZATION. In addhlen to the Note, this Deed of Thiel aaCtlres all o)lrgelrena, debts and Itabititiee, plus Interest thereon, of either Grantor or Borrower to lender, er any one or more of them, as wall es all claims by Lender against Borrower and Grantor or Ray one or more of prem. whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due er not due, direct or Indirect, dotonnlned cr undetermined, elmolute Or contingent, liquidated er untlquldeted, whether Borrower ar Grantor may be Mable individually or jointly with Others, whether oblfgernd as guarantor, aeraly, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become tented by any statute of limitations, end whether the obligation to repay such amounts may tee or hereafter may become atirerwies unenforceable. Grantor presently assigns to (.ender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and Interest in end to all present and future Icaaas 01 the Property and all Rents from the Property, In addition, Grantor grants to Lender a Uniform Commercial Code temerity interest in the Personal Property and Bente. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Greeter warrents that: (elthis Dead of Treat fa executed et Borrower's request and not at the request of Lender; (b1 Grantor has the roll power, right. and authority to enter into thio Deed of Trust end to hypothecate the Property; lel the previsions of this Deed of Trust do not confect with, or result in a dainult under ony agreement or otter inetroment binding open Granter and do not result In a vloiatlen of any law, regulation, court decree or order applicable to Grantor, (u) Grantor has established adequate mama of obtaining from Borrower oo a continuing Lasts rnlormatlsn aheul Borrower's financial condition; and (al Lender has made no representai(cn 1a Grantor about Borrower linafiedlng without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives ell rights or defenses edging by reason of any 'ane action" or 'enii•dellctenoy" raw, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender Is otherwise entitled to claim for deficiency,- before or after Lender's commencement or completion of any foreciosura action, either Judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as It becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Dead of Trust; and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession end use of the Property shell be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents From the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environment! Levee, Granter represents end warrants to Lender the: 111 During the period of Grantor's ownership of the Property, there hoe bean no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Harerdoua Subetenco by any person on, under. about or from the Properly; 121 Grantor has no knowledge of, or reason to believe that there hoe been, except se previously disclosed to and acknowledged by Lender in writing, (al any breach RECORDATION REQUESTED BY: Alpine Bank. A Colorado Banking Corporation Alpine Bank Basalt 400 7th Street South Rifle, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81650 SEND TAX NOTICES TO: ROGER B. ESHELMAN AMELIA S. ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE, CO 81623.8916 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time 592,700.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated January 5, 2015, among ROGER B. ESHELMAN and AMELIA S. ESHELMAN ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Basalt, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in GARFIELD County, State of Colorado: LOT 1 PIONEER POINT SUBDIVISION ACCORDING TO THE PLAT RECORDED AUGUST 20, 2013 AS RECEPTION NO. 839556, IN THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO COUNTY OF GARFIELD, STATE OF COLORADO The Real Property or its address is commonly known as 7332 COUNTY ROAD 100, CARBONDALE, CO 81623. CROSS -COLLATERALIZATION. In addition to the Note, thls Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not clue, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust( all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property end Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any 'one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust; and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (11 remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person an, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there hes been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach DEED OF TRUST Loan No: 0560301601 (Continued) Page 2 POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 111 remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Envkonmentel Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release of threatened release of any Hazardous Substance by any person on. under, about or from the Proparte; (2) Grantor has no knowledge of, or reason to believe that there has boon, except as previously d)sofosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, Ib) any use, generation, manufacture, storage; treatment. disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prier owners or occupants of the Property, or (c) any actual or threat©ned'(itigafon or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wridrig, (e) neither Grantor nor any tenant, cantreater, agent or other authorized user of the Property shall use, generate, manufacture, stare, treat. dispose of or release any Hazardous Subelores en, under, about or from the Property; and Ib) any such activity shall be conducted in compliance with all applicable federal, •slate, and local laws, regulations and ordinances, including without limitation ell Environmental Lowe. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, el Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of frust, Any inspections or teats made by Lender shall be for Lender's purposes only and shall not be construed tO create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties eontelned herein are based an Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 11) releases end wolves any future dolma against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such taws; and al agrees to indemelfy, defend, and hold harmless Lender against any end ell claims, losses, liabilities, damages, penulties. and expenses which Lender may directly or indirectly sustain or suffer resulting, from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior tO Grantor's ownership or interest in the Property, whether or not the alma was or ahould have bean known to Grantor. The provisions of this sealers of the Dead of Trust, including the obligation to indemnify and defend, shall survive the payment of the lndobtedneas and the safialaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisillan of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordlnefCes, and regulations, now or hereafter in effect, of all governmental authorities appilceble to the use er occupancy of the Property. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including eppropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long es, in Lendar's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security Or a surely bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, deckare immediately due and payable ell sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A 'sole or transfer' means the conveyance of Real Prupsrty or any right, Fitts or Interest in the Reel Property; whether legal, benelic)al or equitable; whether voluntary or involuntary; whether by outright sale, deed, Installment sale contract, fend contraet, contract for deed, leasehold interest with a term greater than three (31 years, lease.opden contract, or by sale, assignment, or transfer of any beneficial interest in er to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. I-lawover, thio option shalt net be exercised by Lander If such exercise is prnhlb(ted by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due lend in all events prior to delinquency( all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or On account of the Properly, and shall pay when due ail claims for work done on or for services rendered or materiel furnished to the Property. Grantor shall maintain the Property free of ell liens having priority over or equal to the interest of Lender under this Deed of Trust, except lar the lien of taxes end assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tae, assesam.eni. or claim in conneatJOn with a goad felt h dispute Over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. if a (tan arises or is filed as a result of nonpayment, Grantor shall within fifteen (151 days atter the lien arises or, if a lien is Mad, within fifteen /151 days after Grantor hes notice of the filing, secure the discharge of the than, er If requested by Lander. deposit with Lander cash or a sufficient corporate surety hand or other security satisfactory to Lender in on amount sufficient to discharge the Ilan plea any costs and attorneys' fees, or other charges that could accrue as a resull of a foreclosure or sale under the Ilan. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse (udgmenr before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond Vanished In the Contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount DEED OF TRUST Loan No: 0560301601 (Continued) Page 3 Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property, Lender may make proof of loss if Grantor fails to do so within fifteen (151 days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any lnaurance and apply she proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. It Londer elects to apply the proceeds to restoration and repair, Grantor shall repair or wince the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proeeods for the reasonable cost of repair or restoration if Grantor is not in default under this Deed at Treat. Any proceeds which have not been disbursed within 180 days alter their receipt and which Lender hes not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor es Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails IA) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, than Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's Interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rata charged under the Note from the date incurred ar paid by Lender to the date of repayment by Grantor. All such expenses wit) become a part of the indebtedness and, et Lender's option, will (Al be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default ao as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pert of this Deed of Trust: Title. Grantor warrants that; (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Reel Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all parsons. le the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee Or Lender under this Dead of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver. or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain procaadinge or by any proceeding or purchase in flou of condemnation, Lender may of its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property, The net proceeds of the award Shall mean the award after payment of all reasonable costs. expanses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pert of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The follrwittg shall constitute taxes to which this section applies: (11 a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Deed of Trust; 12) a specific tax on Borrower which Borrower is authorized or required to deduct from payments en the Indebtedness secured by this type of Deed of Trust; (31 a tax on thls type of Deed of Trust chargeable against the Lander or the holder of the Noto; and 14) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shad take whatever action is requested by Lender to perfect and candnua Lender's security Interest in the Personal Property, in addition to recording this Deed of Trust in the real property recerda, Lender may, at any time and without further outhorizatlon from Grantor. file executed counterparts, copies or reproduollons of this Deed of Trust as a financing statement. Grantor shell reimburse Lender ter all expeneee incurred In perfecting or continuing this security interest. Upon default. Grantor shall not remove, sever or detach the Personal Property from the Property. limn default, Grantor shell assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security DEED OF TRUST Loan No: 0560301601 (Continued) Page 4 and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender. Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the reel property records, Lender may, at any time and without lurther authorization from Grantor, file executed counterparts, eepiea or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lander for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at o place reasonably convenient CO Grantor and Lender and make it available to Lender within throe (31 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) end Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, refiled, or rerecorded, as the case may be, at such times end in such offices and places as Lender may deem appropriate, any and nil such mortgages, deeds of trust, security deeds, security egreemente, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (11 'Borrower's end Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (21 the liens and security interests created by this Deed of Truer as firer and prior Ilene on the Property, whether new owned ar hereafter acquired by Grantor. Unless prohibited by law or Lander agreea to the contrary in wilting, Grantor shall reimburse Lender for ell costs end expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Feet. It Grantor fails to do any of the (binge referred to in the preceding paragraph. Lander may do so for and in the name of Greniet and at Grantor's 'sewers. For such ptxpoeos, Grantor hereby Irrevocably appoints Lender as Grantor's attorney -intact for the purpose of making, executing, delivering. tiling, recording, and doing all other things as may be necessary or desirable, In Lender's sore opinion, to occampiiah the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full perlcrrnence of ell the obligations under the Note and flee Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release Orel constitute a release of the lien for all such additional Gums and expenditures made pursuant to this Deed of Trust. Lender agrees le cooperate with Grantor in obtaining such release end releasing the other collateral securing the Indebtedness. Any release leas required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following happen: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly In the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments, Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien, False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower or Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on 9errowet's ar Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Borrower or Grantor gives Lander written notice of the 031111 and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will nos bar Lender from using any other remedy. If Lender decides to spend money or to Perform any of Grantor's obligatlone under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor In default end to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause ell ar any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of she State of Colorado as respects foreclosures against real properly. The Trustee shall glue notice in accordance with the laws of Colorado, The Trustee shall apply the proceeds of the sale 1n The following order: (a) to ell costs and expanses of the We, including but not limited to Trustee's fees, attorneys' fees, end the gust of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess, UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. DEED OF TRUST Loan No: 0560301601 (Continued) Page 5 Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon defaultof Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shell he free to designate on or before it flisa a relelce of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, In one sale er by separate sales. Lender shall be entitled to bid at any public sate on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Dead of Trust or pursuant to judie(e1 proceedings, if the holder of the Note is a purchaser at such safe, it shall be entitled to use end apply all, er any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase pries of the Property purchased, and, in such case. this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shail he presented to the parson conducting the sale in order that the amount of Indebtedness se used or applied may be credited thereon es having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum es the court may adjudge reasonable as attorneys` fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law. ail reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the prolactien of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there Is a lawsuit, including attorneys' fess and expenses ler bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -Judgment collection services, the cost of searching records, obtnining title reports (including foreclosure reports}, surveyors' reports, and appraisal fees, title insurance, and fees for the "%MG, to the extent permitted by applicable law. Grantor also will pay any court eosts, In addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation arty notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefncslmile (unless otherwise required by taw), when deposited with a nationally recognized overnight courier, or, if matted, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any ilea which has priority over this Deed of Trust shell be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or parsons, specitylne that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, eny nonce given by tender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of thls Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Eagle County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shell mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below Is responsible for all obligations in this Deed of Trust. No Waiver by Fender, Grantor understands Lender will net give up any et Lender's rights under thea Deed of Trust unless Lender does so in writing. The fact that Lender delays or emits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights. that (Wee not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Granter also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation hoppers again. Grantor further undorutsnds that just because Lender consents to one or more of Grantor's requests, Chet does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. to the event Lender institutes legal process to obtain possession of the Properly end to the extent permitted by law, Granter hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possessing of the Property. Grantor waives all rights of exemption from execution or similar law in the Property. and Grantor agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in affect. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Deed of Trust will not be valid er enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEED OF TRUST Loan No: 0560301601 (Continued) Page 6 provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's interest. this Dead of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of they Property becomes vested in a person other than Grantor, Lender, without notice to Grantor. may deal with Granter's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by thls Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used In this Deed of Trust: Beneficiary. The word "Beneficiary" means Alpine Bank, A Colorado Banking Corporation, and its successors and assigns. Borrower. The word "Borrower" means ROGER B. ESHELMAN, AMELIA S. ESHELMAN and BENJAMIN ESHELMAN and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, end Liobility Act of 1990, es amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superlund Amendments and Reauthorization Art of 1988, Pub. L. No, 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable stele ar federal laws. rules. or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word 'Grantor" means ROGER ESHELMAN end AMELIA ESHELMAN. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances, The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical ar infectious characteristics, may cause or pose a present or potential hazard to human health or the envlranment when Improperly used, treated, stored, disposed of, generated, manufactured, transported Or otherwise handled. The words "Hazardous Substances" aro used In their very broadest sense and include without IhniteliOn any and all hazardous or toxic substances. materiate or waste es defined by or listed under the Environmental Laws. The term "Ilezardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means ell existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents. together with all renewals Of, extensions of, modifications of, consolidations of and subalilullont Mr the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or axpensas incurred by Trustee or Lender to enforce Grantor's obligations under this Dead of Trust, together with interest an such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness Includes all amounts that may be indirectly secured by the Cross•Collatorallzatlon provision of this Dead of Trust. Lender. The word "Lender" means Alpine Bank, A Colorado Banking Corporation, its successors and assigns. The words "successors or assigns" mean any parson or company that acquires any interest in the Note. Note. The word 'Note" means the promissory note dated January 5, 2015, in the original principal amount of $92,700.00 from Borrower to Lender. together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is January 5, 2020. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, end now or hereafter attached or affixed t0 the Real Property; together with all accessions, parts, and additions to, all replacements of, and elf substitutions for, any of such property; end together with all proceeds 'including without limitation all insurance proceeds and refunds of premiums) from any sale or outer disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the reel property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, Security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and ducumenls, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived front the Property. Trustee. The word "Trustee" means the Public Trustee of EAGLE County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. x L. AMLIA ESHELMAN DEED OF TRUST Loan No: 056030160/ (Continued) Page 7 STATE OF _L.46t, COUNTY OF INDIVIDUAL ACKNOWLEDGMENT 1SS MARIA VERONICA VARGAS Notary Public State of Colorado Notary ID 20014021313 My Com!nisaion Expires Jan 21, 2018 On dila day before me, Use undersigned Notary Public, personally appeared ROGER B. ESHELMAN, to me known to be the individual described in and who executed the Deed of Trust, and acknowledged diet he or she signed the Deed of Trust as his or her free and voluntary act and deed, Lor the uses end purposes' therein mentioned. Given under myba and 1/15.1aLsgel th : _ day of v f Vl By ..•r Residing et P1 o • ry tit c n an or thrilete of .044-17 20/S. Ve + % & .1/ My commission expiresI . STATE OF COUNTY OF INDIVIDUAL ACKNOWLEDGMEN I SS MARIA VERONICA VARGAS Notary Poblte Ste of Colorado Notary 10 20014021313 My Cormission Entries Jan 21, 2048 On this day Indere me. the undersigned Notary Public, personally appeared AMELIA S. ESHELMAN, to me known to be the individual described in and wino executed the Dead of Trust, end aoknowtedged that he or she signed the Deed of Trust as his or her free and voluntary set and dead, for the uses end purposes therein mentioned. Given under my- .add title > s, el th day of q , 20 r % .4111 Residing at r I G Notary ` bio In and for the State et O �: My commission expiresI A/ / i LASER PRO Landing, Ver. 14.1.0.009 Copr. Harler+d Anenclal Sminilons, inc. 1997, 2015. API Rlghre Reserved. • CO M:\CFI\LPL\G01.FC TR -50069 PR -171 PROPERTIES WITHIN 200 FEET OF THE LOT 7 COTTONWOOD HOLLOW SUBDIVISION (SECTION 12, TOWNSHIP 7, RANGE 88) Lot 8 Cottonwood Hollow Subdivision HCE PROJECT NUMBER 2151036.00 CHECKED WITH GARFIELD COUNTY ASSESSOR ON 8/3/15 Bassett, Marc A. and Erin J 202 Cotton Hollow Lane Carbondale, CO 81623 Parcel Number 2393-123-02-008 Vickers, Matthew T. and Messner -Vickers, Carrie J. 168 Cotton Hollow Lane Carbondale, CO 81623 Parcel Number 2393-123-02-011 Edman, Julie 126 Cotton Hollow Lane Carbondale, CO 81623 Parcel Number 2393-123-02-004 Tenbrook, Joanna and Nationiewski, Aaron 4972 County Road 113 Carbondale, CO 81623 Parcel Number 2393-123-02-005 Till, Barry C. and Henzel-Till, Jane A 206 Cotton Hollow Lane Carbondale, CO 81623 Parcel Number 2393-123-02-009 Datel, Priscella M. 606 Saint Etienne Road Broussard, LA 70518 Parcel Number 2393-123-02-010 Forbes, Authur and Janice 1493 County Road 106 Carbondale, CO 81623-2357 Parcel Number 2393-123-02-003 Johnson, Randall L. and Pamela A. 3059 County Road 103 Carbondale, CO 81623 Parcel Number 2393-123-00-298 Minetree, Thomas A. PO Box 2408 Muscle Shoals, AL 35662 Parcel Number 2393-141-00-380 COTTONWOOD HOLLOW SUBDIVISION MINERAL RIGHTS The mineral rights, title, and interest in to all oil, gas, and other minerals, if any, on an under, and that may be produce from, any lands located on Lot 7, Cottonwood Hollow Subdivision were deeded from the original owners of the Cottonwood Hollow Subdivision (Gailen B. Smith Family Trust) to Roger and Amelia Eshelman on January 7th of 2015. The attached mineral deed is included in Tab 5 of this application and was signed during the sale of the property. Mr. Eshelman performed additional research at the Garfield County Clerk and Recorder's office to determine if any transfer of mineral rights had occurred since the recording of the 1984 Cottonwood Hollow Subdivision plat that may not have shown up in the title commitment from Stewart Title on January 12, 2015. Mr. Eshelman was assisted in his research by Beverly Favre from the Cleak and Recorder's office and found no evidence or any transfer of mineral rights. Lincoln DeVoce F'O Rox 1,1;ri Glinmeoci ;313(ing; c,nlo 81 L,01 (303} 9d'i G021; Mr. Dean Moffat Sundesigns Architects 901 Blake Avenue Glenwood Springs, CO 81801 Re: Dear Mr. Moffat: January 13, 1964 GENERAL & ENGINEERING GEOLOGY COTTONWOOD (HOLLOW SUBDIVISION GARP I ELD COUNTY, COLORADO Transmitted herewith is a report concerning the general and engineering geology of a proposed subdivision located up Cattle Creek in Garfield County, Colorado. This report has been prepared in accordance with the provisions of Colorado Senate Bill N35 (30-28-133 C.R.S. J173 ,as amended) and the Garfield County Subdivision Regulations. Respectfully submitted, LINCOLN-DeVORE TESTING LABORATORY, INC. Py: Mi:hael T. [•leaver Professional Geologist A1Tld/'dl s LIYJ L Job No. 5053F3 -GS :.lo,odo Springs, Colorudo Pueblo, Colorado yvi z'rrnd Junction, Cohrud, Glunwood 5riri11:, Colurad3 II4Ts:ODucr1 ON Personnel of Lincoili-I:i tv(` .•t°1r:1 1et011 .1 ficu1(Jglc tr1L'1'tl:;atinn C1 the proposed Cotic1(t•',,od 111.1 I>>':. t11 f11V1z;1on, ifs! ,11 r•d 1n ho 1,(1r1-heast quart c?r of the Sottlr...e ,t (;u.i1 t t';' t)I S• c t i(111 17.., '1rn•rnr h 7 `Sul h, RJage 88 West of the 6th Principal Me: idtan, C;ar': iel.1 C( Ant.y, Coloi aclo. Inor.m.ation included in (_his 1'opo 1 L 1}..I:i 11,x, 11 (tWI: '1 1 i 1(iI.i .'i:;u.11 r ci,)rin.l.i ;F�.111( inlcrprct IL;C 11 cd aerial 1)i1CiIotjl i; 11'1 F. 1'.' .t 11)n of 10 11 1 (',,t i•1 is and re>.0 lrS;h and Einalysi ii geologic mai is ] 10'. id" i ! 1'; .1,2 1 ,111-:1 !n Po[ii n001 tl'i •le0109y Ina;.; i s provid:'ri 1s 1'1.j111t` 2. 1 t is otn taxi t L.>Il l i n l 1 ha this t (`n are pro; oscd c1r1 'it,. ,Ipi 1t'';21111 tel y rs r2t_-r oa r r(-11 art' ;•.Ir 1',•1 'I`t%'f) 1ot'. .11lc'1(1°.' have oxir'tini te'.l(]L'ntle}1 strut': a eti <)l1 I hc'1n. 1'.'! ?:1 11 .:t'1 l., ,in 1 l l 1 Ill 11 1:,,11 ..y .rc'mr> for the eleven to .: 1,": . SITE DESCRIP1IOi1: The site iie iot_1 (Ili r,. Il 1c Creri:,••i'r=3::im3trl`, five lni.lea a.l 1. e it', conf.luen,_e with the l , 11: 1 1'111 Pi or. iiv. r•(1:'lhl'y rectangular straddles both :..isles .1 t 11,E I1 ' 1 • Ci eot V.11 1 by .:n'1 1'r-Lv i •ii::, land use 11.10 been mainly 'al min(j .Inti r,tn•-lltti 1. Topoiraphic:ally the si to i c..h.1rarteri:=er1 by moderately stoop r: descending to an c 1st-t,'t:it 11 t n,l int vat ley inr't,iod thrc< ,t:11 an upland tnr0:.3u Elevations on the Silt` 1;1:=1(' 1:t ti 1111 lo;-: n,ltel;' Nr120 tc, .a1„z+tt (900 fOOL. Slopes on the si-1e v ir'1 r:1;Sic1t , tbly with ,1 mu ,-r t / over 101. Slopes .acro -. the bu.i ldi11 2 :.i 1 s r,tn•i'' 1;, tt;; .• 1 10'1. dill Thr major drainago "0,Itu:(' i;' Cat t lc Cr ock, ':Illi h out r, ,1c1'oso the si (10111 cast to west. ;tt, t:11_'r i 1!t'1_. 1 !t(;(. 1':tln 1)„ 1111} 11111_, inLo ca1IL1r_' Creek from the Snuth .11 r1 1,11 11 t.rt• di vet 10 .1 ntrt .1 1 1 pond near the Center of t]le `3it-i.. rt]] the .'l_' di a in ine13 tiiLlnrtr.e]'r' Lributary to thr Poa1 ins; Fork and C't11 '1 nif, 1 11', r GENE RAJ GI<OLc)t;l' : 'Phe ;11 of 1)530(1 Cot LOrtt-rOOd II "• 1 1 c1';: Su1.(11'; 1.`,1'jn 1 1+ 'i in 0 cjeoloriic Setting -1- GENERAL GEOLOGY, coin( characterized by a sequett.r of relatively young, basalt lava flows overlying a thick inl:etvrll ul 1(•1.ttively old ovrporito locks. The combination of the resistant basalt cap and the underlying body of sort, easily eroded gypsum has result -ed in 1 he development. ,>1 many ilia o1 esLin(; structural feature:., including some areas +1f lan(1'>1 1'.l('5:, unstable '.lopes, potentially unstable slopes and r(r,-l:1 a 1 1 fn mole Ic cent tiles, the ''it.e has been subjected to various surficia1 i rocesse9, I r 3tn.ml i1 involving the: weathering, break-up And erosion of the: basalt. The primary bedrock t..Ii+ttlr'n unckr•lyin.: the ,ciLe is the Eagle Va.11e_y. Evctporite (Pev) of Middle 1"l r1 :,,'1v.1I1i In Ago (Deposited ted about 295 to 280 million years ler 1 (arc the IEt (;,c nl ). As the name implies, t_he Eagle Valley 1 vapori to consists of quantities of gypsum„lnhy IriLc and halite (rock salt), together with layers of ;n idtouc•:-1 ,incl similar lot}.:;. The material was deposited at :l Lime in which mo ft of central Colorado—the Eagle uranin --win,_ cover.•:l by a s,hallcw seal, wit1 highlands to the northeast and southwest, and an which an ,arid or S 1Ii1-.11 Irl (lit:+al+ pluv=ttltd. With the passage of time, the Eagle Barin dcej(el ed at:: _m ...;111_ (rt 1;(s1 h tectonic force. and local subsi- dence of the cruet under zhe load or accumulating evaporitic =sediments. As a consequence, a considerable or igin.m1 Lhir:knr;'::. of the Eagle Valley Ev.TIporiLe was deposited. Outcrops o; Ea -fie Valley Ev.mi or ite can be readily r .:cognized throughout the lower R0ariri 1 l'a r}: Valley by the charactet i,stic gray, yellow - gray and gray -black color of the ri>uks, ,lid by the contorted, eroded topography. OutcrupS within t hi, 1 10I u: t r lhdivl:;i(.Il .11 (r 1 Ind along the slopes south of Cattle Creel: (see !'icjult; 1) . with the rutting of liar lO11In; I`or.): livor V+11( the Eagle Valley E:vaporite was once l(;.1111 ('::Dosed It the 'JI )Ulwd :311r-tdCr. In general, evaporate rocks are As long .(;; the Eagle Valley Ev.lporite was confined under the fairly uniform loading of thick sedimentary rock beds, it was unable to dofortn ,l:l t lo•:r appreciably. When the volley cutting unloaded GENERAL GEOLOGY, C'0711t a part of the Eagle Val le.' '.vai or i t'e, however , t h1' 1 t)c^1•::; laC 1:1n tc, squeeze out from bc_,neath he 110.1.'y hi11 , ,,:t i 3:3 un1 tin.; in 1 :,1:'l'ly :` 1 n '-i,Lwarcls to-i;trd 3130 val Icy. This f; roc,':::, 1:n .1 pled 1,, rh,`u 3.• 1! is ll,•;Of: tn I he rocks which c us,:d them to expand i n vol 133r3 1. Cun ,ider,i1)1e v3)1 0•.30 e 3::ti'.'ity .r' :n )i .1. f.1 1(c in the Roaring Foil; fever Valley at :)Lout, the gime I Irr Act i':„ v(,1' .11j srl 11n31 been prescnt in the at ea since about 231 mi.)1ion 'ie.): L'fo,re the 1,11i:SeliL; mor,t of the activity in the immediate area of th(' 1:33 1•. : .)(1 .; 11)(dirl,,ion . , h,,caevr-r. much younger.. About 13 mill ion yeaI .; ]:,.:l „re 3 he present , a ret ie'; ,)t er uf,LiUrt<: of basalt .and ash rapidly built the :ul3ic lc! e.',.1,' ir1'') 11(Y4 1:nt 'n ,Is P`o;:111 i-iounl i (summit about 9 mil CS cast c.t the , 1 1 3 ) . ']'11i s .'e l m s ; 1/ 1 I ;,1 1r.'-. '? a1,4:11t: 00c -11,11r million years ],ate!' h'' .i iotil''r : 1 r ie'•, or b 1::,11 L lava t 1=',: ; ('11)) , ::11Lc11 poured (-Jilt onto the. floor of r !le v:i1 ley, '11,31 CrC.ut i F u Lho 111 1,3,1'1 ru'Si3 now known irk; Llte i'i.' s sC3111 L Ife.iuhl_ii 100'1. '1110,4 1 .t. 1t'rtly 11,3:13 111, f.1'lde Val 1ay t'.v;n:orite. Si nc.o the fol 1n 11 Inn , t he 1, o;,1 I t , 011 (nu, 1 I r. ;i 0,3 LIQ: e)uc,h talc- volcanic tcle-1:: the; el i'.:;e.1v, 11, 1133, I .113h' ,;.111, y1 •.,01::111, :I ihe' q1.1• Irl 'WIIII 1 1,,13,111.. Cc)r1a,_,I;I0nt:ly, the 11 is nut, i 1(:,l r�'.', 1 ; h4 :;1)1tit ir)31 a1C,3':,' anal r1'lrkud disruptions of the stir 3 = _e tni n.:r tl 11;: ,1n'1 , . th..0 int'c]rlty of the basal t fl have or:carred. The geo.lod1C S11opt 11r3, 0: elle at en ir, clo.mir,lted by regional Ceat3:'les re- lated to rhe. upli rt alil /13 )s c[uun' clef'i'rmc: „1.]t; t Lhe Southern hor_'l: ,3 1•1 '1ut ins. To the west and 13,131311:.'+::( :1:r the n -),I 1i1111 t 31,1 3,1 t-130 Grand 1inclback, ::hic•ii ma r1 -is the boo ndO3 ;. l;e L'::l c 3. 3 he 1-3 unt I3 133; 111d I he . 3(11,Icent C:o103 .-1z1n Plateau, and the ]x,:..:t -La rearm elo 1 1310 ;:, 1 Tit 113,_ 313)331,1 ;•01,1 1 s 1.3c.C_ol ;113. To the 0 .ind southeast, t1 - ,,- u1e1,31; It( 1,1, ken 1 .' 1h• Red 'I',11.1c l3o.311-1111 ,Ind Cast 1c Creel: Caul •nc 113, li ='nt 101 1h'• alai)i (11' Pori rinl 1'or}- Rive: and m41I'). t fl unk or i -a > 11', ,,.'I;;,3 113. Tine. ,,,1 11 t:}10 Pod Tali] e Mountain Paul passes about f. :ei 1, In 111,, 1 1:;1 r+l ()1,' VI/ r1"1`"1 f101)(11 i011 T 1:; probable that the .'•11(..)1:1:' ,1c't ? 'l ` v tihir h for:i,c' 1 hot ll 831.31] t Mountain and the - 1- GENERAL GEOLOG:', Lo:."i" Missouri Heights plateau w,tF; r • 1.11 :'rl to the two falrl L system, which lncrri,� with each other i n 1he Pasalt-1'1 .1- 1,•r 1 aro :a! 1ant Ling is found in the Missouri, Heights clistrict .i lite- 1 i. Ihir; Irrohr11i1y rluc• t the mechanical in- competence al the undo] 1yirnr I.!,;11• Va11ey Eva ltrr 1tr , trh1r:h tends to flow rather than break under ::t roc.::. DESCRIPTION OP t•tAI' U:d1'1':+: The following rl•';jL1 ipt;1i,11!. .11A2 b•1 ad upon visual examination of the geologic units mapped. The location !!i those units can be found on the geologic map, Figure 1. EACLE"VALLE•r' FVAPO1 iTi't', POP, ATIOti j(I'c`..) The tn., jc,r .i t y t!1 thi; silo is unri(:1 1•iin by t Pennsylvanian Age Eagle Val ley Evapor1r,n wh1ch, at Iht• 1 !li"I•1('l'. 1': ('1mpc sc,(1 of massiV', coirso to fine grained, white to Alia'} Tip:,urn bells and widely spaced bed of calcareous sandstone and tritl: cpay 1 1,4.11x• •.:11.31:'. This 1111i1 is 9olnb1P, Lnc_!o ijui llt and 11rotlr to r,lrrid :,t rtll.•11n;. 11 { Sig “:1 1: r ; 11 i' tlrli 1 r •t ut, 1_ r .. I 11.t1• I • ,i.•. 1• 1 1 • 1•; .l.tt 1.. ; , `r 11 ] .. ri<+ _rlt. Q11 ,ar. ' 11 .- F?,1SAI:C 1,AV11 V1.Ol•is (i'1,) Tertiary hip, Rasa]t !lows are prir,r•ttt. on the site only in the extreme ::ou&heast corner of lho !'I'olrr)'•:L'd subdivision. The Basalt: Flows aro dart: gray, highly fractured, ,vesicular, dense and are found in lava flow lavers from 5 lent to 200 foot 1111x1 13x1 c(, ;Lruc'ttorl it planned whcr.e the ba1li:t1t out crept.: 4)11 Illi : :i to. TALUS DEPOSITS (t,11.i) Talus rle;alf.i1'1 can 11e I(mild a11 ilrrn(; the north part of the subdivision ,al tIic bas of t1i' :13t•A•Is I1111r•:: t•:1111 h:110.11 11rIws outcrn;!ll.i.ntl al: the Lop. These deposit , .it hi 3111y v.r11 1bl0 hill mainly consist of gravel, cobble .and boulder si ri 1 ci ial1 dc vv,1 from L1t • 41t5:irltt+rjratl_otl of thea basalt outcrops, DESCRIPTION OF MAP Cref TALUS DEPOSITS (Ota), CONT. as observed i 'Post Pit v4. Thc:tc. dep)its ori:e stuteeptible to potential rockfall hazards and aro considered potentially unstable. Construction C/111 • ! h1,1". '1IN ll 1 : 1 • 0,1e IlL6 1,111111 !1, Ski -AO d 1)1! 1 1 1 z 1 y•1 .1c r ic udi 10 co, 1 4. 01. i t i rrtin.01141LP 4 ilat TERRACE GRAVELS (1.) Stroam oi Liver tortoce2 grovels Lan bo !mind in the south 4-2en1ral pOrtion of the site,. These deposits ehatacteristically consist of a mixture of sand, silt, gravel and cobbles, with the pate -titles being sub - rounded tO VA! 1 1 -1'0111/101 P. W:VI encolin r) TOS11 Pi 1: 111 • LANDSLIDES (01s) Two landslides wo:e t()nn( on the site, one an the eastern edge and one on the western edge of the sito. The landnlides are approximately Several hundred yearn old Ind have 1,..nolled from the failure et surfir'ial materials .in.1 thc undoi 1y1 1A E pile, Vol hey Lverpeoi i 11: r0r111•11 i m • dui! to saturation 1 row Nervol.K. 4/I 11 411 the Shipt. 1 'hlrY11 11 1 unstable aril le -at e 1,, !r LIt1 i /ad tWIN:1 Oir or rin ir those depo!sit!:. DEVRIS FAN (gdf) A small debril fan was ent-ountered near the center of the site on the south side or Cattle ro0:. This fon is o minor depositional feature which does not pone a significant hazard from mudflowl or llooding. No construction 1F.; planned On U: neat 1.117S 14;4:111/.0. COLLUVTUM (ocl Colluvium is tinconsolidatcd :1711 (27'! 0 derosited by the actions of sheet - wash, eronion and .m ovity. DecpQr occumulotions of colluvium aru indicated on the geologic urn, mostly ori tho southern pott.ion or the siLe and are found as wedge-shaped depositn it the bose of the Slopes and in the bottom of the -5- DESCRIPTION OF MAP U;11 COLLUVIUM (2c), ('Oi•1T. drnin:lgeways. These 44,11:1':i.11 d.•1`IIsi1.s ui)t1:;1r;l of d 14ixtur:e 4!• Bandl, :ill, cloy and gravid ikt ived flom the weathci my of the various other geologic Units present on Lho Nilo. Typically, these deposits are Eine?-grained in nature. h slightly :-and`;', fine, silty c:1.iy was; encountered in Test Pit 02 to a d1' .I h id 11) t :r' 1 . Colluvialf1•tl1n its will have variable thicknesses o11 the site, depending on their location and size of their source area. 1 I1 1 • et 1E1, 111 ]7a f ')l r Iii 1 r 1I'p" 11r)N'..:I 1[: ,lir [ 1 ,.; y l �.� } ! iot •)fl nr1 rio: ;it.. ALLUVIUM (O<11) Recent alluvium d.1 osi tcd along tattle Creel: consists of low density, line grained silts, :iaU4.1'; .111'1 clays r1VC11y111{l moderately dense, silty, sandy gravels with occa:rott.11 1)4)11Ider` . These 11i l•et soft clays were ell- CoUnto ._d 1:o a depth el ii tett in Ti''..1 1'tt ii'i . '1'l1U:ie deposits arc ch iL- r'ct.cr izc'd by hi ;11 illrlllrid'.. 11.•r I11•.1 1S and seasonal fluctuations. ENGINEERING NG G! OLOGY : Geologic 1'.1eI u1 :: which I f t' 1 i ke l y to affect ch've l u11n1ent are dependent upon several factors including: 1U1)u.lrpl)hy, surface and subsurface drainage conditions, engineering properties of the material types dud the development which is proposed. The severity of each t ypt, oI hazard will depend on the nature of the hazard and the nature of the 1':otoneci d.•."eloi itnt. The f' 1111w1n,l cl1;cuss1on de.cri.bos the geologic hazards mapped on 1'iyut 2. Stability of Loth 11.11 111 .11 :;119.+': .1nd c tlt. ,II)d Nil sic4ms i:; a factor to Ia311:;.MCI'. :1111i 11(Jll •'.,1 114.1' t•t Illi'!• ?n•.1l 'd instabilities of the be:d- roc1: units found ran tho :sits 311 the fcutll of .landslides indicates unstab1e slopes me pre lent, no ; 11:E1'll•"t ie•11 1: t. i ti.ie.; have boon l finned o11 near the affected :,1, 1.,... ,I;, 1 •mit.. 1'i the belt_ mit 1117.1'1011 Cot these. areas. - ENGINEERING GEOLOGY, ( SLOPE STAI3ILIT , CO/JT. The areas of act iv,s 1.smia 11 11119 have t ul-n indicated d:: urs.t_able or .land- slide on Figure 2. Other slopes on the site have been mapped as potentially unstable. These slopes, although in a rel.itively stable c:oncli tion at present, could become unstable :iepending on pro imi ty and inappropriate development, grading and changes in moisture conditions.,. Presently, most of these slopes ale dry and ths'retore, ale not of a major concern. Depending on proposed clevcl(pr c•nt, r,: uncontrolled addition of water to these slopes, Limy could 1,4.4.rrs,b sus .t,sl ':,• us l ,s,•I tae 1.u2 i::l t line could rr:suit. r,,,:ner.slly, it is Wise t(1 .Ivor: thy'e :,lul«,: :'t:9 t»i'-e:., 1,1 insen,,itive or irnres111ctrd l+ ve1._lm:cnt. , 1 ,Im, 1:1 mt./ b'r iIl rul,rt,(it; i f pre r_e 1e 1 by a thorough site pociti in:esriyati<n, o that stable construction an proceed. ROCKF'! 1 L HAZARD Pocklall :anye from minor: to moderate on the site. The main area posessinr a rocl:fal 1 hazard is �n th° northerly portion of the site at time base of the :::t,:,•is .:lope doscenclin1l f rum the tnraa top. In tl,c-5.c- areas, blocks of wether out u1 the lava flow which cap the mesa top. Mitigation of the hazard on this site appears relatively simple in most cases. t•Iiti;-tion c•oul I consist of simply t king off or pulling down loose ani perche.i houldez _ t rom above the building sites, or by providing s le sort ;f catchment, arm,mc:nt•, or deflection structures where necessary. The best method can br> lot /milted in the prelimin ►ty design stages once the ;it and type strwtule ha b en precisely located. FLOODING AND SURFACL bWAttJA+ l-: Due to its tremendous ca13 u•ity for damage, flooding must be considered as a potential lla•:.trri affecting tl„- portions of the site adjacent to the major and rLooDII•u, AND St RPACT minor drai nageL•/Zys. 11. i:; • lir ,111•:+`.1 ';L:lrlrl1 n+l 1-11/1t; :1 dt:11 .11 i -nil fi00{1 1r1.7i n anti dra1natae study is being c;ntlt,lt•t,•rl 11y 11 clu,ilt1 i, -..I 1'nlj1neer. C;cncr.11ly, the best mitigative nle.l. fr[• S ? 1....11d I S t., lrl•IIIt hrltqrAter:, channel r:'.1Lion or t:hc ''or1Strut,! 1„i• ' 1 . .,,, .10. •„11 ° ,II,2-1 11• ,d',4 I. t'. r l Lirj ile this hazard. E V.IRONI•IENTi4I, i1AZA1il)`>: A certain clertr•c' . of soismtc risk e::ist;, throughnnt western Colorado. Al Lhruigh the Roaring Fork River valley 1`, 711,t noted seri 1'',tr 1l1it1,rl:r1 ..iriivi l.y en the same scale as some Testi:: (11 1 ill' U;ii t y i :,Lill, , .1 1—w -;lI 1:3 1i1 ,i.clni f.icant n1Arlt i tude have been felt in thi: ,le't's W1 t 111 lr t ,'4,1111ir•li 11i alit y. :.r..i;;ntic activity seems to be concentrated Alone; elements r,1 the Castle Creel: i'.cult zone in the Aspen area and in the White River Uplift t+l the north of is;lerreofx1 Springs. Although the Red 'Table Mountain F tli11 due.; nut ;t•cr ttl be i ar 11cu11r1y active at the present time, the potential for movement cine., exist. Tt appears that there is a chance that earth tremors of Modified :14'realli intensity VL or VII (approximately Richter 110911 t idc :n) 4,-147141 (it _111 within 1111, dc•.iiqrt lite of the development, At cnrclitif11y1, i 1.:, t 1'.11 11': 1; it i til s[ .41 1 1 ;i i; r . wt 1. it 1: 1 h 111,11 ,-1 e4;1 subdivision be R11±'.r•I:,t 1 111 .tl'4, :.11. 1:11 II,r' E 1 t41.•lltl,' 1 t t-Iic' UilrfCtIP Building Code fol seismic 1 1' 1 :'4+Itt' ' There do not appear to 114, any deposits of rndiC)aetive minerals or other SOUL CQS of anomalous r.ielr,-.1. i i•.'i 1 •y either on or war thc proposed subdivision. Furthermore, there do not 't'i•Ill to be any economically extractable mineral deposits either ren or near the property. Although sand and gravel forms a component of the sur 1 icia 1 :ui 1:: and eno, enrol yuntiLitier of gypsum are found within the Ed' 1c Volley i.v.tl447114•, neither 111 tluse mineral deposits is of''C1 quality suitable for extraction or Use. SUMMARY.: The following SUflIIuary i:, .1 .1i .4! 1:.;44111 rel the hazards associated with each -a- SUMMARY , CONT.: lots' building envelope and jos':il; Le Iii Ligation techniques: Lot No. 1 is 1a.ated on hilus; ci'.pol;it:; and m y 1:c susceptible to instabilities or settlement i f proper ou_:;iyn techniques .1: c not employed. it Subsurface Soils Exploration to establish Luundatlol► des►yn roil l).►r.tmeturs and proper drainage measures will be nece.snat-' to mltly,1te tilt:, ioton ttal llil Lot No. 2 i; at the toe of the: t.11u '!e_po!.its and a Subsurface Soils Explora- tion will be necessary to provide foundation design. The criteria buiLdi 1 envelope on Lot No. 2 is also in a rockfrall hazard area and the presence of several large bou1do►s indica os .a moderat.uly ;;eve re hazard may exist. h site specific investigation is recommended to dnLemine the severity of the hazard and most effective mitigation. 'file presence c.f the county road above the site may be used to advantage in r,tolq..iny most 1:oc1:n or at least removing most of the momentum of the large: t boulders. Lot No. 3 has hien p1ac•d in the alluvium ,Ilony Cattle Creek and Indications from the soils exposed in Tes t Vit 4,1 arc: that shallow foundations may be suitable for foundations on 1:1i:: lot_. ,\ Id] tion.el Suh,;ul f.rt'e Exploration will he: required to es tab 1ish approprle cies.ieln 1 dramp 1t•r'. on t,o1. No. 3. Surf'ace boul- ders indicate rock€all may ,also affect this site and should be addressed. lhe flatness of the site, the set bock from the toe of the slope and the presence of the county road may already effectively mi tigate the rockfa11 hazard. Lot No. 4 already h,t An existing sttuctute built on it and is not addressed in this report. Lots No. G and No. G are 1o,.oteef on potentially un:,tal,lc: talus deposits. A detailed Subsutfaeel Soils I:xuloiatiutr and a building and foundation proper design should mitigate prol,l('rrss for construction. The building envelope on Lot. No. 7 lies in an apparent hazard free zone and con- struction should rut encounter any you logic: hazarck . However, a Subsurface Soils Exploration to establish proper foundation design criteria and drainage control is recommended. -9- SUMMARY, CONT.: Lot No. 8 has i.t:'5 building envelope lo. t—cd on torr of a long, narrow ridge, which may not h.i:'s' ,uty :.1,iata f r ,,nt ha;:rc1 cls ,1C;:;ocidtLrl with it, provided a proper set back is 1n,lint.duod 110111 the potentially unstable slopes. A site: specific investigation is 1 conimencle I h) determine 1how close to the slopes construction can be safely accomplished. 'I'hc dense terrace gravels encountered in Test Pit ii should provide adequate beol incl for conventional shallow foundations. Lots No. 9 anti NO. 1(. ars: bo U1 located ort COL 1W/1 i slope wash clays;, as indicated in 'Test Pit f:.:. 1':un:l.tti.ons m,ty need to be designed to overcome the expansive properties of thet•c clays .and site specific investigations are recomn:enrieci to d0Lctnitno lrloy:ui dor_,ign criteria for both foundations and outer structures such as retaining walls, pavements, etc. Lot No. 1f hat: pan nxif.;t111i; .:11ll Lure ,anei ,1j 1,1 not b'_ ,lc:dresse'] in tial.: re po r L. Lots No. 12 and No. fOS, the more serious con-;Lruction problems in this subdivision and will reciui ie d[ t shed sire specific investigations to overcome the hoLenLia l.lj uns.Loh lo r'.OpOL; atlsl aoc•kC,ili 11,1z1Icl. A hi}I.sidn tc:Lroc:cd Lylro of architectural solution may be appropriate in developing these sites. Possible mitigation recommendations may include, but are not limited to: shallow cuts, terraced box -like construction, heavily reinforced foundations, elimination of uphill doors and windows, defleotion.bermt; 02 walls, special drainage precautions and special septic disposal construction to eliminate introduction of waater to the subsurface. We hope this has provldad you with the infozmation you require at this time. If questions should arise, please do not hesitate to contact our °frier: at your convenience. -10- SOILS TYPES ON LOT 7 COTTONWOOD HOLLOW SUBDIVISION 42 - FLUVAQUENTS, 0 TO 10 PERCENT SLOPES, NOT SUITABLE FDR HDMESITE DEVELOPMENT, HYDRAULIC GROUP D. 55 - GYPSUM LAND-GYPSIORTHIDS COMPLEX, 12 TO 65 PERCENT SLOPES, MODERATELY PERMEABILITY, SLIGHT TO SEVERE HAZARD OF RUNOFF EROSION, HYDRAULIC GROUP D. 106 - TRIDELL-BROWNSTO STONY SANDY LOADS, 12 TO 50 PERCENT SLOPES, EXTREMELY STONEY, MODERATE TO MODERATELY RAPID PERMEABILITY, MODERATE HAZARD OF RUNOFF EROSION, HYDRAULIC GROUP B NOTE: AREA DF PROPOSED BUILDING AREAS ARE IN SOIL TYPE 55 DR 106. SOIL TYPE ACCORDING TO THE GARFIELD COUNTY GENERAL SOIL TYPE MAP MORVAL-VILLA GROVE - DEEP, WELL DRAINED, MODERATELY SLOPING TO MODERATELY STEEP SOILS ON MESAS, MOUNTAINSIDES AND ALLUVIAL FANS, HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 1 01 , GLENWOOD SPRINGS, CO 81601 PHONE (970) 945.8676 FAX (970) 945.2555 WWW.HCENG.COM ESHELMAN GARFIELD, CO OT 7 COTTONWOOD HOLLOW SCS SOILS MAP DRAWN BY: DRD SCALE: 1"=500' CHECKED BY: PROJECT No: RDN 2151036 DATE: PAGE: 9/24/15 1 FILE. J:/SDSKPROJ/2151036/DWG/SCS CORONA WATER LAW Craig V. Corona, Esq. 420 E. Main St., Ste. 203 Aspen, CO 81611 (970) 948-6523 cc@craigcoronalaw.com August 18, 2015 Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th St., Ste. 401 Glenwood Springs, CO 81601 Re: Roger and Amelia Eshelman / Cottonwood Hollow Lot 7 Dear Glenn: This firm represents Roger and Amelia Eshelman in water rights matters related to their Cottonwood Hollow Lot 7 property. Following is a description of the Eshelmans' legal water supply for the property. This supply includes a well water right and augmentation plan to supply one single family residence, lawn irrigation and fire protection use. This water right and augmentation plan are held by the Cottonwood Hollow Homeowners' Association (the "HOA"). The Eshelmans own a second well water right and augmentation plan to supply a second single family dwelling on the property. Single Family Residence. One single family residence on the property is to be supplied by a well pursuant to the Bobcat Ridge Estates Well No. 7 water right originally decreed in Division 5 Water Court Case No. 80CW359 for a rate of 0.033 cfs (15 gpm), conditional. This right was originally decreed for in- house domestic use in one single family dwelling, watering of one horse, irrigation of 1,000 square feet of lawn and landscaping, and fire protection. This well right is augmented pursuant to the augmentation plan decreed in Division 5 Water Court Case No. 00CW159. The Case No. 00CW159 decree changed the uses such that the Well No. 7 water right is no longer decreed for livestock watering, but the other uses, domestic, irrigation, and fire protection, remain intact. The HOA holds this water right and augmentation plan and is responsible for operating the augmentation plan. There is, therefore, a sufficient legal water supply in place for one single family residence, 1,000 square feet of lawn and landscaping irrigation, and fire protection on Lot 7. The Eshelmans have applied for a well permit under this water right and augmentation plan and it should be approved without issue. Glenn Hartman, Senior Planner Garfield County Community Development Second Single Family Residence. The Eshelmans own a second water right decreed to the Bobcat Ridge Estates Well No. 7 to supply a second single family residence. This right was decreed by the Division 5 Water Court in Case No. 08CW12 for a rate of 5 gpm, conditional, for in-house domestic use in one single family dwelling (the "Second Right"). This is in addition to the uses originally decreed for Well No. 7 as described above. This Second Right is augmented by the plan for augmentation decreed in Division 5 Water Court Case No. 08CW12. That plan for augmentation relies on releases from the Wendi Smith Reservoir located on Lot 1 of the subdivision. The releases are made for Lot 7's benefit pursuant to a Water Rights Agreement between the owners of Lots 1 and 7 that is recorded at Reception No. 759882. Under this well water right and augmentation plan, a sufficient legal water supply is available to supply a second single family residence on Lot 7. Please note, there is no distinction in the water court decrees between a main residence and an accessory dwelling unit. The water rights are decreed for use in two separate single family dwelling units regardless of their land use designation. As such, the Eshelmans are legally free to use the originally decreed Bobcat Ridge Estates Well No. 7 right in either residence on the property whether the County designates such a residence as the main residence or the accessory dwelling unit. Well Permit. The Eshelmans are required to obtain a new well permit for the well. A well permit was issued to the former owner of the property and the well was constructed in April of 2012. However, at that time, the former owner did not install a pump and the well permit expired on December 30, 2012. As noted above, the Eshelmans have applied for a well permit under the original water right and augmentation plan decreed in 80CW359 and amended in 00CW159 for use in one single family dwelling. We do not anticipate there will be issues with this permit. For the Second Right, however, it was discovered that the location in the 08CW12 decree did not match the constructed location. To have a well permit issued under that water right and augmentation plan, the location must be changed by water court decree. The Eshelmans are preparing a water court application for that purpose and intend to file it soon. Wendi Smith Reservoir. The augmentation plan supporting the Second Right relied on diversions under a conditional 2000 water right for the Wendi Smith Reservoir First Enlargement. Due to a misunderstanding between the former owner of Lot 7 and the owners of Lot 1, that water right was canceled for lack of diligence in 2012. This does not affect operation of the augmentation plan or the sufficiency of the legal water supply since water may be diverted to the Wendi Smith Reservoir during times when there is no call and later released for augmentation. The depletions for the well use in the second single family home amount to 0.039 acre-feet, or 12,706 gallons. This amount can be diverted to the pond at a rate of 0.5 cfs in just under one hour. There are months on Cattle Creek Glenn Hartman, Senior Planner Garfield County Community Development when there is no call on. As such, there is a sufficient legal water supply for the second single family dwelling on Lot 7. Nonetheless, the Eshelmans are drafting their current water court application to include a new junior water right to fill Wendi Smith Reservoir to cover the Second Right's use and to amend the 08CW12 augmentation plan to include that new water right. This way, the Eshelmans will have a definite priority for their augmentation diversions which will provide security for the future. I am confident the water court application will be approved for all claims, especially since the Second Right's consumptive use is minuscule at 12,706 gallons. In the unlikely event that the application to amend the existing 08CW12 augmentation plan does not result in the Eshelmans being able to use the Wendi Smith Reservoir, the Eshelmans could resort to installing storage tanks on their property and prosecuting an augmentation plan using that storage. Once a final decree is issued, the Eshelmans will apply for a new well permit for the Second Right's use in a second dwelling on the property. Conclusion. In sum, there is a legal water supply in place and available for the Eshelmans' Lot 7 for use in two single family residences, irrigation for 1,000 square feet of lawn and landscaping, and fire protection. The Eshelmans intend to undertake some water court work to provide a priority for the augmentation supply, but the rights and plan that are in place are sufficient at this time. Thank you very much and please feel free to call me with any questions or concerns. Sincerely, Craig V. Corona WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY RECEIVED JUN 0 4 2012 WATER RESOURCES STATE ENGINEER COLOCity, 1. WELL PERMIT NUMBER 75787-F 2. Owner Name(s): Pine Island LLC Mailing Address: P.O. Box 241 State, Zip : Snowmass, Co 81654 Phone #APPROVAL#GWS31-91-03 WELL LOCATION AS DRILLED 3 NW 1/4 SW 1/4 Sec: 12 Twp: 7 S Range: 88 W 6th PM DISTANCES FROM SEC. LINES ft. from Sec. line and ft. from Sec. line OR Easting: 3 12 794 Northing: 43 69 911 SUBDIVISION: Cottonwood Hollow LOT: 7 BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 4/10/2012 TOTAL DEPTH: 190 DEPTH COMPLETION: 190 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 40 000-005 Dirt, Rocks 6.5 40 190 005-190 Volcanics 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 40 5.5 PVC 0.250 30 160 PERF. CASING : Screen Slot Size 5.5 PVC 0.250 160 190 1 Water Located: 160+ Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Placement Cement 7 sks 6 gal/sk 10-40 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 150 ft. Date/Time Measured 4/10/2012 Production Rate 15+ gpm Pumping Level : Total ft. Date/Time Measured 4/10/2012 Test Length : 2 hours Test Remarks : 13. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant to Section 24-4-1-4 (13)(a) CRS, the making of false statements constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co.: 621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signa / — Date 4/10/2012 RICHARD D. LAMM Governor 2319H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 27, 1984 Mr. Mark L. Bean Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Bean: JERIS A. DANIELSON State Engineer -L! f) re) ,21984 )11 _.;' _'1dr'i'i!D CQ..PIAf�Ihi,Fl Re: Cottonwood Hollow Section 12, T7S, R88W We have received additional information from Ray Walker concerning this proposal and have discussed it with our Division Engineer, Orlyn Bell. Our previous letter of February 27, 1984 questioned whether the reservoir could be operated in conformance with the decree in Water Court Case 80CW359. Our response to this additional information follows: 1. Mr. Walker indicates that 1.22 acre-feet per year would be required to compensate for 13 units plus evaporation. The capacity of the reservoir is currently estimated to be 1.28 acre-feet. The appli- cants have agreed to develop a depth -area -capacity curve and install a staff gage. It is our understanding that this will be required prior to final county approval. We are in agreement with Mr. Walker's calculation of the amount of water which will be necessary. We will consider this issue to be resolved if the depth -area -capacity curve indicates a total capacity in excess of 1.22 acre-feet. 2. Our Division Engineer has visited the site with Mr. Walker. He has indicated to us that there was an inflow of sediment to this reser- voir which may have had a sealing effect. At the time he visited the site, outflow was approximately equal to inflow, indicating the reservoir is not leaking excessively at the current time. The leak- age from a reservoir is highly dependent upon ground water levels, whether the ground is frozen, etc. As these factors change through the seasons, leakage rates vary. For this reason, we ask that you contact our Division Engineer to reconfirm that the reservoir is holding water prior to final approval. 3. We understand that an incorporated homeowners association is the intended institutional arrangement. Plat notes and covenants should indicate that the homeowners association will be responsible for the Mr. Mark L. Bean Page 2 March 27, 1984 plan for augmentation and the reservoir. The plat notes and cove- nants should limit each well to serving one dwelling, one horse, and 1,000 square feet of lawn and garden. Water rights involved in 80CW359 must be committed to serve this development. We can recommend approval provided the above conditions are met and pro- vided a leakage problem with the reservoir does not become apparent prior to final approval. Please let us know if you have any questions. Sincerely, 1 D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Orlyn Bell, Div. Eng. Fred Loo RICHARD D LAMM Governor 2124H OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 February 27, 1984 Mr. Mark L. Bean Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Bean: JERIS A DANIELSON State Engineer PLANM* Re: Cottonwood Hollow Subdivision Section 12, T7S, R88W We have reviewed the above referenced proposal for 13 lots creating 11 new dwelling sites. The proposed source of water is individual wells pursuant to the augmentation plan in Water Court Case No. 80CW359. The augmentation plan in 80CW359 allows for 35 on -lot wells with specific water use limitations. The plan determines that the total consumptive use from these wells would be 2.06 acre-feet per year. The source of water would be releases from McVey Reservoir, decreed for three acre-feet absolute and ten acre feet conditional in 1980. The reservoir would be filled only under its own priority and no senior water rights support this plan. We are concerned about the storage reservoir and must indicate that the water supply plan does not contain sufficient information in this regard. Our concerns and/or comments about the reservoir follow: 1. We are concerned that the reservoir may leak excessively. We believe that springs and seeps above may represent an uncontrolled, diffuse source of inflow which is not readily measured. The reservoir may be located in such a manner that these sources are not readily diverted around the reservoir. When the reservoir is not in priority, inflow from these sources should not compensate for evaporation. Rather, water levels should be lowered to compensate for evaporation and also probably seepage loss unless it can be demonstrated that the physical situation is such that the uncontrolled seepage from the reservoir would get to the stream essentially unaltered in timing and volume. The reservoir may leak to such an extent that the water level cannot be maintained even when diffuse sources enter the reservoir. 2. A depth -area -capacity curve should be developed by survey to estab- lish the measurement needed for administration. A staff gauge will need to be installed. Our Division Engineer may also require measur- ing devices to determine inflow and releases. Mr. Mark L. Bean Page 2 February 27, 1984 3. We are concerned that the actual capacity of the reservoir may be less than the decreed amount. The applicant should demonstrate that the actual capacity as determined by the area -capacity curve is sufficient to compensate for make up water requirements, evaporation, and any potentially injurious seepage losses which occur. The plan for augmentation also requires the applicant to take necessary steps including protective covenants, etc. to ensure water use limits are enforced. We would ask for the water use limitations to be specifically men- tioned in both plat note and covenant. The augmentation plan limits each well to serving one dwelling, one horse, and 1,000 square feet of lawn and garden. This is a rather strict limit on irrigation of which buyers should be made aware. There may be irrigation ditches crossing the property. We recommend the ditch companies be contacted and their recommendations concerning rights of way, easements, etc. be considered. We cannot recommend approval of this proposal until the applicant demon- strates the reservoir will be able to provide water in accordance with the augmentation plan. We will be happy to review additional information at your request. Sincerely, CL?5 Ha1 D. Simpson, P.E. Assistant State Engineer FIDS/KCK :ma cc: Orlyn Bell, Div. Eng. Mel Malley CIVIL ENGINEERING October 9, 2015 Garfield County Building & Planning Department 108 8t St. Suite 401 Glenwood Springs, CO 81601 - LAND SURVEYING RE: Land Use Change Permit Application Lot 7 Cottonwood Hollow Subdivision Accessory Dwelling Unit (ADU) Request Narrative The existing Cottonwood Hollow Subdivision was created in 1984. Since the creation of the subdivision individual lots have been developed and accessory dwelling units (ADUs) have been constructed on a number of the properties. The covenants of the subdivision were revised to specifically allow ADUs on all of the lots that had not yet constructed ADUs. This was not described in the original creation of the subdivision. The latest version of the covenants recorded in June of 2014 allows for one single family house, one ADU, and two outbuildings. The covenants also describe the limitation on the proposed building and the review process of the Architectural Control Committee (ACC). The installation of an ADU is common throughout Cottonwood Hollow Subdivision. This application is being submitted simultaneously with a permit to amend the plat for Lot 7 Cottonwood Hollow to allow for two proposed envelopes for the primary single family house and the ADU. The west envelope would be for the primary residence and outbuildings. The east envelope would be for the ADU and outbuildings. The applicant intends to apply for a building permit for the ADU first. The requirements for an ADU per the Garfield County Land Use Code (Section 7-701) are as follows: A. Maximum Floor Area: The ADU size will be restricted in size based limitations of 3,000 square feet floor area for a lot over 4 acres in size. This will be the size limitation unless the Protective Covenants for Cottonwood Hollow at the time of the application for building permit of the ADU has even more restrictive maximum floor area limitations. B. Ownership Restrictions: The ADU shall be restricted to leasehold interest in the dwelling unit and is for residential or home office/business use only. C. Compliance with Building Code: The construction of the ADU will be treated with the same standards set forth in the Land Use Code and Building Code for a standard residential structure. D. Minimum Lot Size: Lot 7 exceeds the minimum lot size for an ADU of 2 acres. E. Entrance to Dwelling Unit: The future ADU design is required to have a separate entrance from the main house. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-9458676•PHONE 970.945.2555 • FAX W W W.HCENG.COM The following narrative describes why the applicant feels it is appropriate to approve the applicant's request to place an ADU on Lot 7. Zoning (Section 7-101) Lot 7 Cottonwood Hollow is in the Rural zone district which allows ADUs. Table 3-403 states that accessory dwelling units for household living require an administrative review process for approval. The ADU is required to meet the setbacks, building height restrictions, and maximum lot coverage limits established for the Rural zoning on Table 3-201. Comprehensive Plan Conformance (Section 7-102) The Garfield County Comprehensive Plan 2030 (amended on November 8, 2013) discusses the number of dwelling units allowed per the size of the lot. A map of where Lot 7 Cottonwood Hollow sits is included in Tab 10 of the application. This lot is within the RM (Residential Medium) zone which allows 1 dwelling unit per 6-10 acres properties. Lot 7 is 5.3 acres but has been in place since the subdivision was created in 1984. The subdivision has allowed for ADUs to be constructed in the past and the installation of an ADU would be in conformance with the existing Protective Covenants is compatible with the existing densities on the surrounding lots. Compatibility (Section 7-103) The inclusion of an ADU on Lot 7 is compatible with the existing land uses in the area. Lot 7 is one of the larger lots within Cottonwood Hollow Subdivision where there are currently other lots with ADUs installed. The limitations in the size of the ADU by the Land Use Code and the Cottonwood Hollow Subdivision Protective Covenants will insure that the scale and visual impacts to the subdivision are in keeping with the existing uses. Source of Water (Section 7-104) The existing onsite well was intended to serve the original building envelope which is the location of the proposed ADU envelope. The 2 -hour pump test performed when the well was constructed produced 15 gallons per minute. This rate would be more than capable of serving both units on Lot 7 (700 gallons per day) and any minor irrigation uses. The location of the well is in close proximity (150 feet) to both proposed building envelopes reflected in the Final Plat Amendment application for this lot. A waiver is being requested for some of the submittal requirements in Section 4-203M. The status of the water rights and permits for the property is covered in the "Utility Report" section of the application in a letter from the Applicant's water attorney from Corona Water Law. The first water right currently allows for one single family house, 1000 square feet of lawn irrigation, and fire protection on Lot 7. The well for Lot 7 was constructed in April of 2012 but the well permit has since expired. A new well permit application has been submitted to the State of Colorado to replace the original with the same uses. There should not be any issues with the approval of this permit and it will be provided to the County when it is completed. A separate (second) water right is in place for a second single family residence in agreements between Lot 1 and Lot 7 and the status of this right is explained in the letter attached from Craig Corona. This letter also explains alternatives in case the existing reservoirs can't be used including installing storage tanks on Lot 7 to hold the required augmentation water volume. The location of this second right will need to be relocated in a water court application that will be filed soon. The original Division of Water Resources correspondences for the 1984 Cottonwood Hollow Subdivision are attached in the Utility Report (Tab 7) section. Central Wastewater Distribution and Wastewater Systems (Section 7-105) The Cottonwood Hollow Subdivision does not have access to a public water or wastewater system. All of the lots currently have individual wells and septic systems. Individual water services from the existing well will serve the two dwelling units on Lot 7. The location of a future onsite wastewater treatment system (OWTS) field or trench will also be determined at a later date but there is no indication from the original subdivision geology study that a suitable location for the treatment can't be found at or around the proposed building envelopes and served without pumps. The County GIS map also does not show the area of the proposed envelopes to be in an area that is expected to problematic for the use of a traditional OWTS system. The future OWTS system will require a set of three percolation test holes at the proposed OWTA absorption field location. If the results require a special design beyond the typical chamber system due to high or low percolation rates, an engineered design will be provided. Public Utilities (Section 7-106) The electric is already in place up to an existing transformer along the existing driveway into Lot 7. This transformer is served by underground electric installed within the utility easement along the southern edge of Lot 8. The overhead power pole that serves this line is on the southeast corner of Lot 8. The existing transformer can serve both proposed building envelopes. There is not currently a public gas line or cable line available to Lot 7. Underground phone service is not currently in place up to Lot 7. The utility easements are in place to provide connectivity to the ROW in Cotton Hollow Lane and through Lot 8 to provide additional utilities in the future. The utilities will be placed under the future driveways to avoid trenching areas not already disturbed with the driveway construction. Access and Roadways (Section 7-107) The main subdivision road, Cotton Hollow Lane, intersects directly with County Road 113 (Cattle Creek Road). This internal road is within a 40' road right-of-way and utility easement. This road provides access for 7 of the 13 lots within Cottonwood Hollow Subdivision. This gravel road is between 20-24' feet in width up to the one-way cul-de-sac which is approximately 18' wide. The subdivision allows ADUs on each lot so there could be up to 14 residential units served off of Cotton Hollow Lane. This road would fit the "rural access" classification per the Garfield County Land Use Code Table 7-107. This road is maintained by the homeowner's association and has been in place since the original subdivision was created in 1984. Cotton Hollow Lane is a common element as defined in the covenants and meets the standards for a rural access and is acceptable to the Carbondale and Rural Fire District. The additional traffic generated by this project at build out is 9.57 average daily traffic (ADT) based on an additional single family housing unit. The total ADT generated by the lot for is 19.14 on the local road network. The existing shared driveway for Lot 7 and 8 is in place and was constructed for the purposes of serving these two lots. This driveway has a Cotton Hollow Lane address and traverses Lots 8 and 9 within a 30' wide driveway and utility easement. The driveway does stray from the easement in places but has a prescriptive use over years of use to access both Lot 7 and 8. A letter from the attorney for the Eshelmans in Tab 10 of the application explains this prescriptive use in detail as well as how the maintenance of the shared portion of the driveway will be addressed. Lot 8 currently has a primary residence and an ADU that is accessed by this driveway. Lot 7 has not built any structures upon the property as of the time of this application. However, the driveway is in place up to and beyond the Lot 7 lot line and the Applicant plans on utilizing this existing driveway alignment to access the future building. The existing shared portion of the driveway will service a maximum of 4 residential units at build -out by the driveway. This fits within the "semi primitive" classification of 21-100 trips per day according to the Garfield County Land Use Code. The Carbondale and Rural Fire District has examined and drove the driveway up to Lot 7 and has determined that it is suitable for their emergency vehicle access and recommends not making any alterations to the shared portion of the driveway for pullouts or road widening. The reason for this is the adequate sight distance from the bottom to the top of the straight section of the shared driveway. A profile of this existing driveway with the sight line can be seen on sheet 3 of the land use change plan set. The Fire Department used this driveway in 2010 to fight a nearby wildfire that threatened the surrounding homes where the Fire Department provided structure protection for homes in the subdivision. A letter from the District has been included as part of the application. The fire hazard in area of the access driveways and building envelopes of Lot 7 is between low to moderate. There are not any areas defined at "severe" hazards. There is an agreement between the owner of Lot 7 and the ranch to the south maintain a gate that would allow a secondary exit path for both parties in case of a wildfire due to the long dead end driveways for both properties. The driveway beyond the Lot 8 units would fit the "primitive driveway" classification of 0-20 trips per day to serve the future primary unit and ADU. The existing portion of the driveway in place beyond the Lot 8 buildings currently meets the standards for slope and width of the primitive driveway but a design waiver is requested so that this portion of the road through Lot 8 be evaluated on all criteria in Table 7-107 at the building permit stage and not at the land use change application stage. The land use change plan set does show the ability of a conforming driveway standard to access both building envelopes that would service the primary residence and the ADU. The future internal driveways will be constructed to be compatible with the topography of the area. A representation of the impact of constructing the driveways to serve the building envelopes can be seen on Sheet 4 of the drawing set. There is one drainage path between the building envelopes that will need to be studied for building permit on the west envelope. A waiver is being requested to complete a full grading and drainage plan along with the building permit application because the exact driveway location and building footprint has yet to be established. Use of Land Subject to Natural Hazards (Section 7-108) The original building envelope has already been studied for hazards in the original subdivision Geology Report. The proposed east envelope sits above the original building envelope and has similar slopes. This envelope area was not found to the hazardous. The west envelope has not been studied in detail. A plat note has been added to require a detailed professional engineer study of the slope and rockfall hazards for the building permit for the dwelling unit on this west envelope. Fire Protection (Section 7-109) Adequate fire protection will be provided to the future ADU per the review comments from the Carbondale and Rural Fire Protection District. The access has been reviewed by the District and the comments can be seen in the letter in Tab 10 of the application. Agricultural Lands (Section 7-201) Lot 7 is already platted and only intended for agricultural or livestock. There are not any irrigation ditches on Lot 7. Wildlife Habitat Areas (Section 7-202) The wildlife analysis is limited to referencing the County Wildlife maps. The property is on the edge of a resident elk population and within overall range of the black bear and mule deer. These maps are included in Tab 10 of the application. The ADU will have no effect on any migration patterns. There is no need for a detailed impact analysis. The applicant will require that all garbage be stored inside of the buildings or within bear proof containers. All future fencing to be constructed within Lot 7 will be according to Colorado Department of Wildlife's "Fencing with Wildlife in Mind" guidelines to maintain the ability of wildlife to move across the fencing. These standards include making the fencing visible and to allow animals to negotiate under or over the wires/rails without getting caught or tangled. A waiver is being requested to the requirement the hiring of a qualified wildlife biologist. Protection of Waterbodies (Section 7-203) There are not any existing water bodies on Lot 7 or above Lot 7. Drainage and Erosion (Section 7-204) The ADU is not being designed as part of this application. The design of erosion control methods, culverts, runoff treatment and detention, and proper drainage of away from the building will all be addressed with the building permit. The applicant is asking for a waiver from these requirements at this stage. Environmental Quality (Section 7-205) Hazardous materials related to the ADU must be stored in compliance with applicable State and Federal hazardous materials regulations. Wildfire Hazards (Section 7-206) Tab 10 has the overlay of the County wildfire hazard map showing the upper portions of Lot 7 containing the building envelopes to have a moderate level of fire hazard. The ADU will be developed so as not to adversely affect wildfire behavior and roof materials will be made of noncombustible materials. Natural and Geologic Hazards (Section 7-207) Portions of the impact analysis are covered in the other application for the amended fmal plat to create 2 new proposed building envelopes. The geology, hazards, and soil characteristics are covered in the "Geologic and Soils Report" section. Additional study of geology will be completed with the building permit for the OWTS and foundation design. The building permit for the proposed west envelope will also prepare a rockfall and slope hazard analysis since the overall subdivision geology report only studied the original building envelope location at the east envelope location. The site includes a defined stormwater drainage path that crosses between the 2 proposed building envelopes. The future driveways and building footprints will require analysis of the 100 -yr 24 -yr storm event to properly size culverts and establish finished floor elevations. We are asking that this analysis be withheld until a final location of these future improvements is established. The proposed building envelopes are beyond the mapped areas of hazardous slopes and soils hazardous soils per the countywide geologic hazards analysis prepared by Lincoln-Devore in 1975-1976. The future building footprints will be studied with the building permit design submittal to provide mitigation measures to overcome excessive slope problems where slopes exceed 20%. Lot 7 has limited options to avoid steep slopes and the existing building envelope also has steep slopes. Reclamation (Section 7-208) Areas disturbed by the future construction of the ADU, OWTS, and access driveway will be designed in a wall to avoid visible cut slopes and retaining walls will be made to blend in with the natural landscape. The impacts to the flora will be minimal to cover the future building footprints, minimal landscaping area, and future driveways. The future building permit plan set will need minimize the disturbance of the lot and provide a revegetation plan for the areas not replaced with impervious surfaces. The disturbed areas from cuts created in the future grading permits and building permits will need to be reseeded according to an approved Garfield County dry seed mix design. Compatible Design (Section 7-301) The ADU design will need to be compatible with the adjacent uses and will also be reviewed by subdivision architectural review committee and must follow the current Protective Covenants. Off -Street Parking and Loading Standards (Section 7-302) The site allows a lot of flexibility to locate the required 2 off-street parking spaces for the proposed ADU. This will be a residential lot so there is not a concern with loading areas for delivery vehicles. Landscaping Standards (Section 7-303) Landscaping is not required for accessory dwelling units. Lighting Standards (Section 7-304) Exterior lighting for the ADU must be downcast toward inward so that they do not shine directly onto other properties. All exterior ligh sources will be restricted to 40' in height. Snow Storage Standards (7-305) Snow storage area will be provided on Lot 7 for the driveway beyond the Lot 8 buildings, the internal driveways, and off-street parking areas at a level of 2.5% of the area plowed. This snow storage area can't include any of the area required for the driveway widths and parking. This area will be designed with the building permit application for the ADU. Trail and Walkway Standards (Section 7-306) Not required for this rural ADU site. Conclusion Lot 7 Cottonwood Hollow Subdivision is seeking approval to construct an ADU on a lot within a subdivision where there is a precedent for allowing ADUs. The 5.3 acre size of the lot lends itself to two separate envelopes that can provide a level of privacy between the structures. The impact to the local road system is minimal and the existing subdivision roads either meet the County standard or have been in place for many years and have the approval of the Fire District to serve the two building envelopes on Lot 7 as designed. The utilities for the ADU can either be extended to the lot via existing utility easements or constructed in place. The water rights and well permits have been extensively researched and the applicant would ask that there be no conditions of approval related to the ADU approval since the water rights in place for the first residence constructed on the property which will be the ADU. Sincerely, pcj A - Dan Dennison, P.E. Project Manager HIGH COUNTRY ENGINEERING, INC. CIVIL ENGINEERING October 9, 2015 Garfield County Building & Planning Department 108 8th St. Suite 401 Glenwood Springs, CO 81601 An Employee -Owned Company LAND SURVEYING RE: Land Use Change Lot 7 Cottonwood Hollow Subdivision Engineer's Technical Explanation of the Waiver Requests Submission Requirements Waiver Note: Waivers are according to the review criteria in section 4-202C of the Garfield County Land Use Code. Improvements Agreement Overview: The revision of the Lot 7 Cottonwood Hollow Subdivision fmal plat does not require any physical improvements. Any necessary improvements to the driveways and utilities will be completed as part of the associated building permit applications. Criteria 1: There is good cause not to prepare an improvements agreement because there is not any construction involved with the revision of the existing building envelopes since all construction to provide services to the envelopes is contained within Lot 7 and can and should be completed as part of the building permits for each unit. The final location of the building footprints will drive the location of utilities and driveways on Lot 7 and any work completed at this stage would only limit the future design. Criteria 2: The lack of improvements required outside of Lot 7 created by the plat amendment make this waiver appropriate. Criteria 3: This waiver does not compromise a complete review because the plat amendment process in itself is not requiring any construction. Criteria 4: An improvements agreement is not material to plat amendment. Codes, Covenants, Restrictions (CCRs) Overview: The vacation and creation of the building envelopes on Lot 7 do not require any changes to the existing CCRs of the entire subdivision. The last revision to the existing Cottonwood Hollow Subdivision CCRs was recorded in May of 2014 and is included in the application materials. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-945-8676 • PHONE 970-945-2555 • FAX W W W.HCENG.COM Criteria 1: The applicant will be the owner of both units and has already accepted that the CCRs for the overall subdivision already provide enough guidelines for the two units. There is no intention of creating a shared maintenance agreement for the well sharing and driveways to each unit in the future. Criteria 2: The limitations on ADUs are already in covered in the overall subdivision CCRs. Criteria 3: The lack of additional CCRs does not affect the review because the County code and subdivision CCRs will still guide the project design. Criteria 4: CCRs within the lot is not material to the creation of two separate envelopes within a single residential lot. Traffic Study Overview: A full traffic study that includes traffic counts along the adjoining road network is not necessary for the application of an ADU due to the minimal impact to the road network. The full traffic study requirements are listed in Section 4-203L. Criteria 1: The additional traffic onto Cattle Creek Road is minimal since only 1 unit will be added to the road network in the future. Cotton Hollow Lane as constructed is capable of handling up to 200 trips per day per the Garfield County road standards of a rural access. The additional traffic created by the proposed ADU does not push the future buildout of the lots utilizing Cotton Hollow Lane near the 200 trips maximum. Criteria 2: The application's small size does not support additional traffic data collection. Criteria 3: The collection of traffic counts is not necessary to determine that the ADU does not overload the adjoining road network since the applicant is provided worst case traffic generation data. Criteria 4: The collection of traffic counts is not necessary since the traffic analysis that is provided does give a conservative estimate to the traffic impact and finds no impact to the level of service from an ADU. Wildlife Study Overview: A full wildlife study by a qualified wildlife biologist is not necessary for the application for an ADU on an existing subdivision lot. Criteria 1: The addition of an ADU does not have any impact to the wildlife migration patterns since the property was already approved as a residential lot in a rural zoning. The county wildlife maps show only elk, black bear, and mule deer in this area of the County. Criteria 2: The scope of an ADU application is too limited to require additional study within an already approved lot. Criteria 3: The application's small size does not support additional expense to hire a biologist. Criteria 4: The collection of additional study on the wildlife in the area would have no impact on the ADU application since the ADU envelope is proposed close to original building envelope location. Water Supply Report Requirements Overview: The exiting well on the property was installed on in 2012 and was found to produce 15 gallons per minute during the 2 -hour pump test performed at the time. The location of the well is in close proximity (150 feet) to both proposed building envelopes reflected in the Final Plat Amendment application for this lot. A waiver is being requested for some of the submittal requirements in Section 4-203M. The applicant is asking for a deferral of the requirement of a 4 -hour pump test and water quality testing till building permit of the first dwelling unit. Criteria 1: The wells one other lots in the subdivision have been found to be a good water quality according to the owner of Lot 7. There is already a recent pump test form 2012 that showed a good production rate although not the 4 -hour pump test required in the Land Use Code. Criteria 2: The size of the land use change to just add an ADU should not require additional costs until it is known that the ADU will be approved as presented. The additional testing will be completed once the application is approved and the building permit process has begun. Criteria 3/4: This additional data is not likely to effect the ability to serve both units due to the good pump test we do have and the knowledge of the water quality of the surrounding wells. Wastewater Management and System Plan Overview: The location of a future onsite wastewater treatment system (OWTS) field or trench will also be determined at a later date but there is no indication from the original subdivision geology study that a suitable location for the treatment can't be found at or around the proposed building envelopes and served without pumps. The applicant plans on building the OWTS absorption fields on the downhill side of the envelopes or just outside the envelopes. The applicant wants to wait until building permit of the associated dwelling unit to establish where the test locations will done and not put this information on the plat. This means that all testing would also occur as part of the associated building permit submittals. This waiver would also include the deferral of any wastewater management plan until the type of system is selected following testing. Criteria 1: Due to the size of the building envelopes proposed, the location of the field is still not clear and any testing done ahead of time might be wasted time and money. Criteria 2: The ADU will not create the need for a larger system due to the small floor area restrictions. A good location for the field should not be difficult to find around the future building footprint. Criteria 3/4: If the results require a special design beyond the typical chamber system due to high or low percolation rates, an engineered design will be provided. This requirement allows for flexibility in the review to ensure the system will be designed properly. Drainage and Erosion Plan Overview: The ADU is not being designed as part of this application. The design of erosion control methods, culverts, runoff treatment and detention, and proper drainage of away from the building will all be addressed with the building permit. The grading plan and the future driveway alignments in the drawings set does show potential drainage and grading elements for when the building envelopes are eventually designed but none of these physical improvements are required as part of the land use change process. The applicant is asking for a waiver from the requirements related to Section 7-204 at this stage. Criteria 1: The site is not impacted by a large offsite basin so the off-site drainage basins are small. The building envelopes are designed to show the only large draw on the lot to pass between the two proposed envelopes. The establishment of building finished floor elevations and culvert sizes can be done once driveways and building permits are established at building permit. The sizing of roadside swales, erosion control measures, and methods of stormwater treatment/ detention can all be designed as part of the building permit review. Criteria 2: The uncertainty of the building locations and driveway locations prohibit any detailed design at this stage. Criteria 3/4: Since this is not a subdivision review, the ADU building permit review should be able to address the requirements of the drainage and erosion section of the Land Use Code. Waiver of Standards Note: Waivers are according to the Access and Roadways design standards in section 7-107 of the Garfield County Land Use Code and Policy 01-14 "Waivers for Roads and Demonstration of Complience". Roadway Standards Overview: Table 7-107 of the Garfield County Land Use Code establishes roadway standards for roads based on design capacity in Average Daily Traffic (ADT). These waivers are to represent what road standard waivers are required to access the new building envelope locations. Cotton Hollow Lane The main subdivision road, Cotton Hollow Lane, intersects directly with County Road 113. This road is within a 40' road right-of-way and utility easement. This road provides access for 7 of the 13 lots within Cottonwood Hollow Subdivision. Geometry: This gravel road is between 20-24' feet in width up to one-way cul-de-sac which is approximately 18' wide. Maintenance: This road is maintained by the homeowner's association and has been in place since the original subdivision was created in 1984. Cotton Hollow Lane is a common element as defined in the covenants. The subdivision covenants that describe the maintenance can be found in Tab 4 of the application. Traffic Demand: The subdivision allows ADUs on each lot so there can be up to 14 residential units served off of Cotton Hollow Lane. This would mean approximately 134 trips per day once all of the units are installed per the ITE Trip Generation Manual for single family housing. This road would fit the "rural access" classification per the Garfield County Land Use Code per the design capacity of 101-200 ADT. Design Waiver Request: The applicant is asking for a variance to allow Cotton Hollow Lane as constructed and that they not be required to perform a full survey of the road to confirm the cross slopes and drainage slopes to determine if there are some isolated spots that vary from the rural access standard. This road was already approved for the subdivision and has been adequate to serve the subdivision since 1984. The method of collecting fees from the residents of Cottonwood Hollow Subdivision is already in place and Lot 7 is part of that existing agreement. The subdivision plat established the legal access for Lot 7 on Cotton Hollow Lane. Lot 7/8 Shared Driveway The shared driveway for Lot 7 and Lot 8 currently serves two residential units on Lot 8 currently that are accessed by this driveway. Lot 7 has not built any structures upon the property as of the time of this application. Geometry: The shared portion of the access driveway requires a design waiver in a number of categories related to the semi primitive classification with Table 7-107. The existing drive is a single lane and does not meet the design standards for two 8' lanes. The existing access does not have 2' wide shoulders throughout. The ditch width does not meet the four foot wide standard. The horizontal radius at the top of the steep section of the driveway is approximately 35' radius. The design standard is to allow for a minimum radius of 50'. The maximum grade for the semi primitive road is 12% and the existing driveway has a maximum slope of 16.6%. The existing shared driveway serving the units on Lot 8 is approximately 12' wide and varies in slope from 12-16.6%. This driveway was approved by the County in the past as part of the subdivision process and is currently in use. There is line of sight for vehicles from the top of the hill to the bottom so that cars can wait to drive till the oncoming vehicles have cleared the steep straight section of driveway. A profile of this existing driveway with the sight line can be seen on sheet 3 of the land use change plan set. The Carbondale and Rural Fire District has examined and driven the driveway up to Lot 7 and has determined that it is suitable for their emergency vehicle access and recommends not making any alterations to the shared portion of the driveway for pullouts or road widening. The reason for this is the adequate sight distance from the bottom to the top of the straight section of the shared driveway. The Fire Department used this driveway in 2010 to fight a nearby wildfire that threatened the surrounding homes where the Fire Department provided structure protection for homes in the subdivision. The driveway does stray from the 30' access and utility easement in places per the most recent HCE survey. However, there is a historical prescriptive usage in place which provides the owners of Lot 7 use of the driveway in its current alignments. Traffic Demand: The existing shared portion of the driveway will service a maximum of 4 residential units at build -out. This fits within the "semi primitive" classification of 21-100 trips per day according to the Garfield County Land Use Code per the approximately 39 ADT when all 4 units are in place. Maintenance: The existing shared driveway is currently maintained by the owners of Lot 8 up to the existing units on Lot 8. The Eshelmans are willing to work with the owners on a shared maintenance agreement in order to share the burden of the costs for plowing and maintenance of the driveway. They will pursue this agreement but do not feel that a condition of approval should be required. The maintenance should not be a legal precondition to the approval of the application. Design Waiver Request: HCE considers the existing driveway to be adequate for the addition of one ADU. The available sight distance and physical limitations to improving the driveway due to the existing topography and platted easement location make the existing driveway as constructed appropriate for the traffic utilizing the driveway. The shared driveway and roadside swale will need to be strictly maintained and plowed in order to maintain a safe driveway. The fire department is satisfied that the available turnaround at the top of the steep hill and the availability of sight distance from the top of the driveway to the bottom make this driveway sufficient for maximum 4 units served. Lot 7 Driveway on Lot 8 The existing portion of the driveway in place beyond the Lot 8 buildings currently meets the standards for slope and width of the primitive driveway but a design waiver is requested so that this portion of the road through Lot 8 be evaluated on all criteria in Table 7-107 at the building permit stage and not at the time of recording the final plat. Geometry: This portion of the driveway is profiled on sheet 4 of the Land Use Change plan set does show the ability of a conforming driveway standard to access both building envelopes that would service only the primary residence and the ADU for Lot 7. The profile shows that the portion of the driveway on Lot 8 is in place and is used by the owners of Lot 7 currently. The Lot 8 Cottonwood Hollow Subdivision amended plat included in Tab 9 of the application realigned the access easement across Lot 8 to follow the south lot line which is the existing location of the driveway. Traffic Demand: The driveway beyond the Lot 8 units would fit the "primitive driveway" classification of 0-20 trips per day to serve the primary building envelope and ADU building envelope. The ADT generation at upon the installation of both units will be approximately 19 trips. Maintenance: The Eshelmans are willing to pay for all of the maintenance related to this portion of the driveway across Lot 8. There is currently no maintenance agreement in place. Design Waiver Request: The applicant is asking for a variance to allow any adjustments necessary for this portion of the Lot 7 driveway to be completed as part of the first building permit application submitted for Lot 7. The driveways alignments shown in the Land Use Change plan set are just conceptual to show that access will work according to the Land Use Code to reach the proposed building envelopes and that the existing portion within Lot 8 meets the slope and width requirements. The designs of the first individual driveway for building permit will establish the fmal design of the driveway across Lot 8. Sincerely, Dan Dennison, P.E. Project Manager HIGH COUNTRY ENGINEERING, INC.