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Home My WebLink About1.08 Mineral Owner ResearchDecember 21, 2015 Garfield County Building & Planning Dept. 108 8t Street Suite 401 Glenwood Springs, CO 81601 Attention: David Pesnichak RE: Page Spracher / ADU File No. GAPA-8374 David, Enclosed please find requested materials for Mr. Spracher's application regarding an ADU. Mineral title, a copy of the Deed to Mr. Spracher, Conditions and Covenants for the subdivision and other reference material are enclosed that you may want to review. Mr. Spracher asked me to run the mineral title and anything else of record that may aid your review. Please let me know if I can be of any assistance to you. Best Regards, Mike Mohror Contract Landman 970-948-6083 MOUNTAIN FIELD SERVICES INC. P.O. BOX 443 DELTA, CO 81416 970-948-6083 December 16, 2015 Mr. Page Spracher 341 Homestead Road Glenwood Springs, CO 81601 RE: Research Mineral Title Mr. Spracher, Per your request, on December 14, 2015 I research the Mineral Title on your property located in Homestead Estates, located in the Southeast ! of the Northeast F (SE/1/4 NE % ) of Section 36, Township 6 South, Range 87 West of the 6th P.M. all in Garfield County, Colorado. Garfield County records show the United States of America reserved "all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. 862)". This reservation can be found at the Clerk and Recorder's Office at Reception No. 168913, recorded June 28, 1949. Please let me know if you need any additional research. Thank you, Mike Mohror Contract Landman Mountain Field Services Inc. 970-948-6083 Book 243 Page 464 Filed for record June 28, 1949 at 3:0; o'clock P. M., Recepti.ryn No. 168913 Charles S. Keegan, Recorder. Denver 046821 4--1010 (Ocloba IDil7 � eElnittb D tater ornerita To on to Inborn tljt a pregentsS cam, Greeting: WHEREAS, a Certificate of the District Land Office at Denver, Colorado, is now deposited in the Bureau of Land Management, whereby it appears that, pursuant to the Act of Congress of May 20, 1862, "To Secure Homesteads to Actual Settlers on the Public Domain," and the Acts supple- mental thereto, the claim of John J. Quigley has been established and duly consummated, in conformity to law, for the following -described land: Sixth Principal Meridian, Colorado, T. 6 S., R. 88 '?., sec. 26, Lots 11,12; sec. 35, NEL; sec. 36, NW , W NEg, SEINE4i NW45E4a sec. 25, Lot 1 T. 6 S., R. 87 W., see. 31, Lots 2,7, SE1NW4. The areas desoribed aggregate 609.83 acres, according to the Official Plat of the Survey of the said lands on file in the Bureau of Land Management. NOW KNOW YE, That there is, therefore, granted by the UNITED STATES unto the said claimant the tract of land above described; TO.HAVE AND TO HOLD the said tract of land, with the appurtenances thereof, unto the said claimant and to the heirs and assigns of the said claimant for- ever; subject to any vested and acorued water rights for mining, agricul- tural, manufacturing, or other purposes, and rights to ditches and reser- voirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of courts; and there is reserved from the lands hereby granted a right-of-way thereon for ditches or canals constructed by the authority of the UNITED STATES. Excepting and reserving, however, to the UNITED STATES all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. 862). Subject to such right3for telephone lines purposes as the Mountain States Telephone and Telegraph Company may have under the Act of March 4, 1911. Potent No...1128 34 114 TESTIMONY WHEREOF, the undersigned authorised officer of the Bureau of Land Management, in accordance with the provisions of the Act or June 17, 1948 (62 Stat., 476), has, in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to be hereunto affixed. GIVEN under my hand, in the District or Columbia, the SIXTEENTH day of MAT in the year of our Lord one thousand nine hundred and FORTY-NINE and of the independence of the United States the one hundred and ,SEVENTY-THIRD. For the Director, Bureau of Land Management. By �1.. Mel, Patents Sultan. 4. 7. 01.76.4•1441 Ph" 4471Cr 1 21R7F7 Book 445 Recorded o'clock.-. May _30 1973 ..� �__ �d^r �. r." Page 126 Reception No _258511_. Ella Stephens, Recorder. THIS DEED, Made this 10th day pf March 1973 ,between JAMES V. QUIGLEY and DANIEL P. QUIGLEY of the County of Garfield Colorado, of tho first part, and and State of JAMES D. PETERSON and HEATHER M. PETERSON RECORDER'S STAMP A ;1019Y3 STATE OOCOtiEIlIAR f€f 6.00 of the County of Garfield and State of Colorado, of the second part: WITNESSETff, that the said part ieS of the first part, for and in consideration of the spm of Fifty Thousand and No/100 DOILARs, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the raid parties of the second part, their beim and assigns forever, not in tenancy in common but in joint tenancy, al! the following described Iot S or parcelS of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: All of Lots 2, 7, and the SE'NW' of Section 31, Township 6 South, Range 87 West of the Sixth Principal Meridian. Also all that part of the SE'NE' of Section 36, Township 6 South, Range 88 West of the Sixth Principal Meridian, described as follows: Beginning at the East Quarter Corner of said Section 36, thence S. 88°12'49" W. 129.63 feet along the Southerly line of said SEkNE'; thence N. 09°19'23" W. 640.79 feet; thence N. 11°58'24" E. 205.61 feet; thence N. 00°02'00" E. 504.10 feet, more or less, to a point on the Northerly line of said SEkNE14; thence East 190.75 feet, more or less, to a point on the Easterly line of said Section 36; thence S. 00°13'45" W. along the Easterly line of said Section 36 to the East Quarter Corner of said Section 36, the point of beginning. Containing 92.30 acres, more or less. Together with an easement for purposes of ingress and egress to and from the above described property conveyed hereby, which easement begins at the north boundary of the NEkSE14 of Section 36, Township 6 South, Range 88 West and proceeds in a general northerly direction over an existing roadway to an existing transmission line and ease- ment therefor maintained by the Public Service Company of Colorado. Book 1145 Page 127 TOGET&ER with all and singular the hereditaments and appurtenances thereunto belonging, er in anywise appertaining. the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever cf the said part jegof the first part, 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 said parties of th sec�tYond part, their heirs and assigns forever. And the said part ies of the first part, for [:hem sol yes. tue1TL"trs, execatore, and administrators do covenant, grant, bargain and agree to and with the said e&s Atte second part, their heirs and assigns, that at the time of the enscaling and delivery of these pres- ents JJ'' ;.ell seized of the premises above conveyed, as of good, aura, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawfnl authority to grant, bar- gain, sell and cnnvey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants. bargains, sales, Bens, taxes, assessments and encumbrances of whatever kind or nature soever, except general taxes for 1973, easements and rights of way of recor and Patent reservations of record. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the avid part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the anid parties of the first part ha Ve hereunto setthel;ands and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, ss. county of Garfielid ' �QLt1�� c2 [SEALI r C�Y..f•••,••• r;.'c.::.. a[SEAL], Quigley st1 nlos.i iAI i�egoffia jristrument was nclmowledged before me this lath 'may 01 March Vdaly,. .,;des V. Quigley and Daniel P. Quigley hfp� iiokofi;e,�ryyises �lJ1.l. / A, 1976. Witness my band and official seal. '• s: a ''—..• � 0/..21 � � e. r%N.=: .. ' 1 G Notary Piddle. Nn. 92I. 11: ARHANT!' DEED—Te Jolat Tmunts.—Bendfanl Publishing Co.. 1931-I6 Sleet Street. Bearer. Caloraela-14.71 •Tt by aatunt porsoa or persons hers Insert name or names; If by person noting In representative or official capacity or as nttaraey-In-fact. thou insert name of person Ms executor, attorney -la -fact or other capacity or description; rf by otflcar of cor- poration. or- p r Acknowledgment, then boort Seen 21 a of much Colorado offer or Resistedofficers as a ideat or other officers of such corporation. namfag It.—Btetutor9 RFCOROEU '2:V4) 0 -CLOCK P.m. R -C a 463062 Bncli f)ce':f:;2R) w1/4.112 1994[LOREO ALSD;RF, L,ARFIELG• COUNTY CLERK STATE OF COLORADO ss. COUNTY OF GARFIELD AFFIDAVIT The undersigned affiant, being first duly sworn upon his oath, swears and affirms as follows: 1. I am Dan P. Quigley. My brother, James V. Quigley, now deceased, and I formerly owned the property now known as Homestead Estates, Garfield County, Colorado. 2. The property adjacent to Homestead Estates on the north was formerly owned by Willis Kissee. Mr. Kissee conveyed the property to tor. and Mrs. Neal Elsworth. I understand the property is now owned by Buck Point Club, Inc. 3. More than forty years ago when my brother and I owned the -r, property now known as Homestead Estates and when the adjacent -B property was owned by Willis Kissee, a fence was constructed. A verbal agreement was made between my brother and 1 and Willis Kissee that for the purpose of convenience, the fence did not have to constructed exactly on the boundary lines between the two - properties. A good portion of the fence was constructed on our property (now known as Homestead Estates), including Lots 1, 2, 6, and perhaps other lots in Homestead Estates. Even though some of 2 3 the land that my brother and I owned was on the Kissee side of the fence and even though Mr. Kissee used this property to graze rrE cattle, his construction of the fence and use of our property was done with our consent. It was never intended that the property 0 0 that we owned on the Kissee side of the fence would be transferred or conveyed to Mr. Kissee or would be subject to a claim of adverse possession. The fence was constructed as a matter of convenience only and was not to be a boundary fence. We had the right to reconstruct the fence on the actual boundary line at any time if we chose to do so. 4. After Mr. and tors. Elsworth purchased the Kissee property, I discussed this matter with Mr. Elsworth. He was aware of the agreement my brother and I had made with Mr. Kissee. Mr. Elsworth also acknowledged that this agreement would continue during his ownership of the property. 5. Further, the affiant sayeth not. tV,,,27.6g Dan P. Quigley SA Subscribed and sworn to before me this x2L:: day of �llv�R , 1993, by Dan P. Quigley. Witness my hand and official seal. My commission expires :3`131C(c 0614,]-Th.dnc\,pr.char.nf C-�c • Notary P blit /,�a Y 7 pro �nn �� /25/,9,/ Cha 9/G/' RECORDED AT 3.341 O-cIOCK P.M. MAY 25 1993 EEC i 447837 MILDRED ALSDORF, COUNTY CLERK r 0 QUIT CLAIM M FOSTER PETROLELij4 CORPORATION, a rou 86 r..5212 MY 25 MU GAF4F1F;7<D Rolm Occ. Fa S 50 dissolved Delaware corpora- tion, acting through a majority of the surviving members of the last Board of Directors, for the consideration of Ten Dollars and other good and valuable consideration, in nand paid, hereby quit claims to W. Pape Spracher whose address is P. 0. Box 7904, Aspen, CO 81612 all right, 'Cele and interest it may have in and to the following real property in the County of Garfield, State of Colorado, to wit: Lot 1, Homestead Estates, also known by street and number as 0341 Homestead Road, Glenwood springs, CO 81601. DATED this , !G day of February, 1993. FOSTER PETROLEUM CORPORATION STATE OF OKLAHOMA ss. COUNTY OF WASHINGTON Subscribed and sworn to before 1993, by Henry F. Kane, John Kane, the surviving members of the last Petroleum Corporation, a dissolved Witness my hand and official ty .commission expires: J' l p36��I.lrylYss.�l.t,��[.. qGC- By: By: ,e. Kane () By: f Lacy y or 6 ri me this day of February, nd Lacy Taylor as a majority of Board of Directors of Foster Delaware corporation. seal. Notary'BGblic --$ L-20 f FE? 2 2 1977 Recorded at ...... ..... _ ...._o' Lek. �. k Reception No. " Ella Stephens, Recorder QUIT CLAIM DEED BM 41:33 PACE 647 FOSTER PETROLEUM CORPORATION, a Delaware Corporation, whose address is P.O. Box 729, Bartlesville, County of Washington, State of Oklahoma, for the consideration of One Dollar ($1.00), in hand paid, hereby quitclaims to HOMESTEAD RANCH HOMEOWNERS ASSOCIATION, a Colorado Nonprofit Corporation, whose address is c/o J.E. DeVilbiss, P.O. Box 278, Carbondale, Colorado 81623, the following real property in the County of Garfield, and State of Colorado, to -wit: All roads platted and shown upon that final plat of Homestead Estates recorded as File Number 270400, located in Cabinet 1, 21B of the records of Garfield County. In witness WHEREOF, this Quit Claim Deed has been executed this�t ay:of February • ;e3 mors SJiJ1Jr:rt,`;. — 1: �J,J� J• f • _ b Attest: retary STATE &"OKLAHOMA COUNTY OF WASHINGTON 1977. FOSTER PETROEUM CORPORATION A Delaware brporation I By 1� f vsch - President )ss The foregoing instrument was acknowledged before 14th day of February as , 1977 by Henry F. Kane me this Vice President and by L. C. Taylor as Secretary of Foster Petroleum Corporation, Corporation. Witness my hand and official seal. "!"(j►: commission expires: May 7, 1980 a Delaware Notal Puit7C c: F. Recorded at %'c?o2'._--o'clock...._.. L. Dom-=--^' - 1975 Recentioa __ Ella Ella Stephens. Recorder HOrESTEAB ESTATES bOE480 PAGE 940 DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS I. EFFECTIVE DATE. The within Declaration of Protective and Restrictive Covenants shall be and become effective from and after the 26th day of November , 1975 for all lands in Homestead Estates, Garfield County, Colorado. II LANDS COVERED - DEFINITIONS. 1. "Association" means Homestead Estates Home Owners Association. 2. "Common Property" or "Common Area" means all private road and utility easements and open space easements as shown on the plat of Homestead Estates. The term also includes any common (i.e. used by two or more residential estates) water wells, sewer treatment disposal facilities, and distribution or service lines serving either, if such facilities are installed by the association. 3. "Easement" means all private road and all utility easements referred to or shown on the plat of Homestead Estates. 4. "Estate" or "Residential Estate"means a residential building parcel of not less than thirty-five (35) acres in size located within Homestead Estates. 5. "Homestead Estates" means all of the lands in Garfield County, Colorado included within the following described boundaries and also any adjacent property which may be acquired subsequent to the execution of this instrument and denominated Homestead Estates, to -wit: Section 23, Township 6 South, Range 88 West of the 6th P.M. S 1/2 NE 1/4 N 1/2 SE 1/4 SW 1/4 SE 1/4 SE 1/4 SE 1/4 b1)1K480 ME 94 Section,24, 'Township 6 South, Range BB West of the 6th P.M. N 1/2 SW 1/4 SE 1/4 SW 1/4 W 1/2 SE 1/4 SW 1/4. SW 1/4 Section 25, Township 6 South, Range 88 Went of .the 6th P:M. Lot 1 Section 26, Townnhip 6 South, Range 88 West of the 6th P.M.' W 1/2 -NE 1/4 Lots 4 and 9 Lots 11 ad 12 Section 35; Township 6...South, Range 88 West of. the 6th P.MNE 1/4. Section 36, Towitship6 South, Range88 West of the 61± P.M, NW 1/4 W 2 NE 1/4 SE 1/4 NE 1/4, less tnat'portion heretofore conveyed -to James and Haiel Peterson in 1973... - . . . . 6 "Home'OccUpation or Profession means an occupatio - - - . ' or profession -customarily conducted -.entirely within a- --dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of ' the dwelling for dwelling.ptxposes and does,not change the character thereof, and in connection with which tharq is no display, no stock in trade, no outside storage of eAuipment, no commodiEy,sold upon thepremisesand not more than two persons are engaged,in such occupation. Such uses as barbershop,_ beauty parlor, tearoom,- tourist home, animal hospital, and dancing school shall .not be deemed to be home occupations. 111, GENERAL; Purposes, Homestead Estates Home Owners Association, Membership. 1. General Declaration. Foster Petroleum Corporation, a Delaware Corporation, the owner of Homestead Estates, declares the following Protective and Restrictive Covenants for the R fi .. '`L 4-ry; ,41 - �.usa and benefit of thus who, from time to time, shall- hold }title tW-or-otherwise:have an interest in the lands comprising ;-,,w1.,..-- Vii. ; Homestead Estates, 2. `P4ur 'ose, The .:intention of. declarant, Foster Petroleurm. Corporation, as expressed by its execution of this instlimt.1 mss- that `:the' lands within Hoasestead Estates be .developed and maintained4as-,a highly,6desirable rural residential area These covenants 'are intended to protect, insofar as possible, the -! '7 Fr.., ;. .'nY ., � �scec and -Secluded qualityY.-..of Homestead Estates, together IreLtt~ giving ample: considerationi:to the present environment, view,. and surroundings of Homestead Estates so that the rural re ident- "i:al development will be= in• harmony with the aforementioned r , , qualities �, •4 _ 3.3,,,Membership iti Homestead Estates Home Owners Association All persons' or. associations, (other than Homestead Estates Horpe �. '.,. - Owners Association) who"owm or acquire the tithe in fee to .any of the lands in Homestead .Estates (other than lands dedicated as common area, common property or easements) by whatever= means.. acquired, shall automaticallybecome members ofHomestead Estates Home Owners Association, a Colorado Corporation not for profit, in accordance with thearticles of Incorporation -of -said Homestead Estates Home Owners Association as presently in effect ;and recorded or filed. in the records of Garfield County, Colorado, and as the same may -be duly amended from time -to time and; -also filed or recorded in the"Garfield County records: IV. ARCHITECTURAL COMMITTEE. 1. Architectural Committee-. The architectural committee shall mean the Board of Directors of Homestead Estates. Home Owners Association, a Colorado,Corporation not for profit as said Board of Directors is presently constituted or from -time to time in the future constituted. Said architectural committee M480fitcg`943 .-14* shall have and exercise all of the powers, duties and responsibAfties set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind including but not limited to dwelling houses, out buildings, swimming pools, parking areas, walls, garages, drives, antennae, curbs and walks, shall be erected, altered, or permitted 1:* to remain on any land within Homestead Estates, nor shall any excavating, clearing or landscaping be done in conjunction therewith on any lands within Homestead Estates, unless the., complete architectural plans and specifications and a site . -4-_-:‹.....0 plan showing the orientation for such erection or alteration--, arid landscaping landscaping aresubmitted to and approved by the architect- .,.. -q . . •! yo_ ural committee prior to the commencement of such work: ,The,':'., Ag, architectural committee shall consider andbaseits decision .„ . upon: design of the improvement's; materials to be used on the external features of said buildings or structures; external...7'. t P. colors; location with respect to topography and grade elevations; harmony of landscaping with the natural settings and native trees, bushes and other vegetation within Homestead Estates; and minimization of damage to vegetation. In the event the architectural committee fails to take any action within forty- five (45) days after the architectural plans for such work havebeensubmitted to it, then such architectural plans shall be deemed to be approved. In the event the architectural committee shall disapprove any architectural plans, the person or association submitting such architectural plan may appeal the matterat the next annual or -special meeting of the members of Homestead Estates Home Owners Association, wherein an affirmative vote of at least the majority of the votes entitled to be cast at such meeting shall be required to change the decision of the architectural committee. Bow,4SO 944 3. Rules and Regulations. The architectural committee shall have the power to prescribe reasonable rules and regu- lations to aid in carrying out the provisions of these covenants, 4. Variances. Where circumstances, such as topography, location of property lines, location of trees and bushes, or other matters (including the need for outdoor antennae for adequate television and radio reception) require, the architectural committee may, after open hearing, by an affirmative vote of the majority of the members of the architectural committee, allow reasonable variances as to any of the covenants and restrictions contained in this instrument, its terms and conditions as may be required; provided, however, that no such variance shall be finally allowed until thirty (30) days after the architectural committee shall have mailed a notice of such hearing to each member of the Association. In the event any three (3) members shall notify the architectural committee in writing of their objections to such variance within said thirty (30) day period, the variance shall not be allowed until such time as it shall have been approved by the affirmative vote of at least the majority of votes entitled to be cast at an annual or special meeting of the Association, 5. General Requirements. The architectural committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within Homestead Estates conform with the general declaration and purposes of these covenants. The architectural committee shall protect the seclusion and natural view of each residential estate insofar as possible in the development of Homestead Estates pursuant to these covenants. 6. Architectural Plans. The architectural committee shall disapprove any architectural plans submitted which are not -5- rg:c 94-3 sufficient to enable the architectural committee to exercise the judgment required by these covenants. 7, Architectural Committee Not Liable. Neither the architectural committee nor the association shall be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of land within Homestead Estates, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove, with regard to such architectural plans. Any person or associat- ion acquiring the title to any property in Homestead Estates, or any person or association submitting plans to the architectural committee for approval by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the architectural committee, its members as individuals or its advisors, employees or agents. 8. Written Records. The architectural committee shall preserve for a reasonable time, complete written records of all applications for approval submitted (including one(1) set of all preliminary sketches and all architectural plans so submitted) and all actions of approval or disapproval, and all actions taken by it under the provisions of this instru- ment. V. GENERAL RESTRICTIONS. 1. Zoning. No land within Homestead Estates shall ever be occupied or used by or for any improvement, structure or purpose or in any manner which is contrary to the zoning regulations of Garfield County, Colorado, validly in force from time to time. 2, Mining, etc. No mining, quarrying, excavating, or drilling for any substances within the earth including oil, gas, minerals, gravel, sand, rock, and earth, shall ever be permitted within the limits of the Homestead Estates. euu;480 fAGE945 3. No Business Uses. No land within Homestead Estates shall ever be occupied or used for any commercial or business purposes nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or which may become a nuisance to the owner or owners of any of said lands. A home occupation or profession is allowable if it meets all other conditions and restrictions of these covenants. 4. Signs. With the exception of one (1) "tor Rent" or "For Sale' sign, which shall not be larger than twelve by twenty (12 x 20) inches and one (1) entrance gate sign of a style and design approved by the architectural committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in Homestead Estates. 5. Animals. Owners and lessees of land within Homestead Estates may have ordinary household pets, including horses, belonging to the household in Homestead Estates. Such pets shall be kept and restrained exclusively within the boundaries of the pet owners estate and must not annoy the owners of other estates or property adjacent. The architectural committee shall have the power to require any owner or lessee of lands in Homestead Estates to remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of lands within Homestead Estates or adjacent property. Owners and lessees of land within Homestead Estates may have such other animals, including cattle, as are approved by the archi- tectural committee, after a finding that the keeping of such animals is in conformity with the purposes of these covenants. Provided that no animals may be kept for commercial purposes and no feed lot shall ever be allowed. A feed lot is defined as: aoU::48O Plicf 947 (1) The raising of swine under any conditions; (2) Any tract of land or structure wherein more than ten (10) of any type of fowl, in the aggregate, or the by-products thereof are raised; (3) Any structure, pen, or corral wherein cattle, sheep, goats or other animals, whose flesh or the by-products thereof are a marketable commodity numbering more than (5) in the aggregate, are maintained in close quarters for the purpose of feeding livestock. 6. Resubdivision Prohibited. No estate within homestead Estates shall ever be resubdivided into smaller lots, estates, or parcels, nor conveyed nor encumbered in any less than the full original dimensions of the estate; provided that conveyance or dedications of easements for utilities or private roads may be made for less than all of one (1) lot. 7, Combining Estates. If two (2) or more contiguous residential estates are owned by the same owner or owners, they may be combined into one or more larger residential estates by means of a written document executed and acknowledged by all of the owners thereof, approved by the architectural committee, reported in the real property records of Garfield County, Colorado. Thereafter, the new and larger estates shall be considered as one residential estate for the purpose of these covenants, The combining of two (2) or more residential estates shall not diminish the number of votes which the owners thereof are entitled to cast under the provisions of the Articles of Incorporation of Homestead Estates Homeowners Association. 8. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any estate in Homestead Estates shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring estates and streets and access roads. All rubbish and trash shall ba removed from all lots in said Homestead Estates and shall not be allowed to accumulate and shall not be burned thereon. c hti� rat 948 9. Underground Utility Lines. All water, gas, electrical, telephone lines and all other utility lines within the limits of the Homestead Estates must be buried underground and may not be carried on overhead poles nor above the surface of the ground, except such electrical, telephone or other electronic lines as may then be installed overhead or above the surface upon platting of any area within Homestead Estate and such other electrical, telephone and other electronic lines to be built which, in the sole exclusive judgement of Foster Petroleum Company, Inc., its successors and assigns, do not constitute a violation of the intent of these protective covenants. VI. RESTRICTIONS ON RESIDENTIAL ESTATES. 1. Number and Location of Buildings.No buildings or structures shall be placed, altered, erected, or permitted to remain on any residential estate other than: (1) One (1) detached single-family dwelling house with a minimum of fifteen hundred (1500) square feet on the first or ground floor, as measured on the outside of the building, excluding porches and garages: (2) One (1) detached guest or servant house with a minimum of four hundred (400) square feet on the first, or ground floor thereof excluding open porches and garages: (3) One (1) attached or detached garage; and (4) One (1) attached or detached tool or storage shed; and (5) Such buildings as are necessary for shelter and keeping of allowed animals. 2. Dwelling House to be Constructed First. No garage, or other building shall be constructed on any residential estate until after commencement of construction of the dwelling house, -9- s}Cur;43O PAGE .949 guest house or servant house on the same residential estate except as otherwise specifically permitted by the architectural committee. All construction and alteration work shall be prosecuted diligently and each building, structure or improvement which is commenced on any residential estate shall be entirely completed within twelve (12) months after the commencement of construct- ion. to the event that a guest house or servant house is the first structure constructed on a residential estate, the guest house or servant house may be used as a residence for a period of not to exceed one year from completion and issuance of the certificate of occupancy or two years from commencement of construction, whichever is shorter. 3, Setbacks. All buildings and structures on all residential estates in Homestead Estates shall be set back at least two hundred (200) feet from all estate boundary lines and common areas. 4. Metal Roofs, Siding,Towers and Antenna. No metal roofs, or metal siding, towers, exposed or outside radio, television or other electrionic antennae shall be allowed or permitted to remain on any residential lot in Homestead Estates, provided however, outdoor radio and television antennae may be permitted by the architectural committee. 5, Trees and Landscaping. Except for such cutting and altering of trees and bushes and other natural vegetation growing on a residential estate as is necessary to be done in connection with the construction of improvements or landscaping previously approved in writing by the architectural committee, there shall be no further cutting or altering of trees or bushes or other natural vegetation growing on any residential estate, and no further landscaping thereof, if such cutting or alteration of the landscaping would change or alter the natural growth and native setting of Homestead Estates, except as may be authorized in writing by architectural committee. CJ- 6. Tanks. No elevated tanks of any kind shall be erected, placed or permitted upon any residential estate. Any tank used in connection with any dwelling house or other structure of any residential estate, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 7. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or non- permanent outbuilding shall ever be placed, erected, or allowed to remain on any residential lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 8. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior sound generating or emitting system on a residential estate shall be constructed, created or permitted unless previously approved by the architectural committee for harmonious development and the prevention of lighting and sound nuisances to other lands within Homestead Estates. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any land within Homestead Estates. 9. Garbage Disposal and Sanitary Systems. Each dwelling house or other structure containing a kitchen constructed on any residential estate in Homestead Estates shall be equipped with a garbage grinder or disposal unit of a type approved by the architectural committee. No sewage disposal system or sanitary system shall be constructed, altered, or allowed to remain or allowed to be used on any lot unless fully approved as to design, capacity, location and construction of all proper Public Heath Agencies of the State of Colorado, and the County of Garfield and also by the architectural committee. 10, Fences. It is the general intent of these covenants that all perimeter fencing within Homestead Estates have a continuity of appearance in keeping with the native setting cO X480 PAL 95 1 and surroundings of Homestead Estates. All perimeter fencing shall be of a nonview obstructing ranch type rail nature not exceeding six (6) feet in heighth, and shall be approved by the architectural committee. Interior fences, screens or walls which are associated with or connected with a building or structure may be of such design, material and heighth as may be approved by the architectural committee. 11. Automobile Repair and Unlicensed Automobiles. No automobile repair shall be permitted at any time nor shall any unlicensed automobile or other vehicle be allowed to remain on any residential estate within Homestead Estates. 12, Campers,_ Trailers, and Other Recreational Vehicles. No camper trailers, boats, or recreational vehicles of any kind whatsoever, or trailers for such recreational vehicles, shall be parked or maintained, at any time, outside of the garage or other outbuildings on any residential estate in Homestead Estates. 14. Operation of Motorized Vehicles. No dune buggies, motorcycles, trail bikes, snowmobiles or other motorized vehicles of any type or description shall ever be operated on any estate in Homestead Estates. VII, RESTRICTIONS ON COMMON AREA. 1, Improvements. No improvements of any kind or nature shall be constructed, altered, or allowed to remain on the common areas of Homestead Estates, except as otherwise provided herein. 2. Operation of Motorized Vehicle. motorcycles, trail bikes, snowmobiles No dune buggies, or other motorized vehicles of any type or description shall ever be area in Homestead Estates. operated on common ►1f1ti4V4 ?ME b:1. VIII. EASEMENTS RESERVED. (1) There are hereby created and reserved perpetual easements, as described in (2) and (3) below, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing water wells, electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, ditches and conduits, and walking and riding trails. (2) Along that portion of the perimeter of a residential estate which is also a portion of the exterior boundary of Homestead Estates the easement created and reserved in (1) above, shall be twenty (20) feet in width. (3) Along the perimeter of each residential estate to which (2) above does not apply, and along the entire perimeter of the common areas, as described on the recorded plat of Homestead Estates, including any portion of said perimeter which abuts on a private road, and through all of the common areas and all private roads described on the recorded plat of Homestead Estates, the easement created and reserved in (1) above shall be ten(10) feet in width on each side of the perimeter boundary of each residential estate. 2. Fence Licenses Within Utility Easement No fence or other improvements shall be placed in any of the easements within residential estates created and reserved under Section 1 of this Article VIII unless prior written authorization shall have been obtained from the architectural committee. Any such authorization shall be deemed to be a revocable license and the owner or owners of the residential estate upon which said fence is constructed shall promptly remove the same at their expense upon request of the architectural committee. Damage to any such fence occasioned by the construction, maintenance and repair of any utilities or systems shall be repaired by the owner or owners of the residential estate at their sole buu:4CO rt'.,:95; expense. Fences erected within easements, in accordance with the provisions of this section shall also meet the standards set out in VI, 11, Supra. 3. Elimination of Utility Easements. Upon approval of the architectural committee of a request that certain easements be eliminated on originally platted lines which are no longer to be lot lines upon the combining of lots pursuant to Section 7 of Article V, the then owner of such easement shall release and quit claim such easement upon such terms and conditions as the architectural committee may establish. 4. Ownership of Easements. All easements and rights created and reserved in Section 1 and Section 2 of this Article shall be vested in the undersigned corporation, its successors and assigns until such time as the undersigned corporation, its successors and assigns, shall have executed and delivered an instrument in writing transferring the same or a part thereof to The Association. Prior to such transfer, the undersigned corporation, its successor or assigns, may authorize the use of said easement, either temporariliy or permanently, for the purposes set forth in Section 1 and Section 2 of this Article for the benefit of lands not included in Homestead Estates. Upon any such transfer to The Association, the undersigned corporation, its successors and assigns, shall be relieved from all continuing responsibilities therefore. IX. ROADS. 1, Ownership of Roads. The title in fee to all lands platted as private roads as shown on the recorded plat of Homestead Estates shall be and remain vested in the undersigned corporation until such time as the undersigned corporation shall have executed and delivered an instrument in writing transferring the same or a part thereof to The Association; provided, however, prior to any such transfer the undersigned corporation reserves the -14- _ _ ..480 Pia954 right and authority to dedicate to public use any such platted private roads. 2. Easement for Use of Roads. The undersigned corporation hereby conveys to The Association for the private use of all owners of Homestead Estates a non-exclusive easement over and across all the private roads platted and dedicated as private roads on the plat of Homestead Estates; provided, however, that the undersigned corporation reserves the right and authority to authorize additional users of all of said private roads as well as the right to dedicate said roads in whole or in part to public use. 3. Maintenance of Roads, All private roads in Homestead Estates as shown on the recorded plat of Homestead Estates shall be maintained by The Association, X. ENFORCEMENT. 1. Enforcement Actions. The architectural committee shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of land in Homestead Estates. In addition, each owner of land within Homestead Estates, including Homestead Estates Home Owners Association, have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced on any of the lands in Homestead Estates in violation of these covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall be available to any party aggreived. Said ninety (90) day limitation shall -15- u _ J. 480 PAGE 955 not apply Co injunctive or equitable relief against other violaticr..s of these covenants, nor shall it apply to provisions of Section 2 of Article VIII. XI. GENERAL PROVISIONS. 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title all of the lands in Homestead Estates, and the benefits thereof shall enure to the owners of all of the lands in Homestead Estates, and the benefits and burdens of all said covenants shall run with the title to all of the Homestead Estates. 2, Termination of Covenants. The covenants contained in this instrument shall terminate December ', 1985, or at the time of final dissolution of the Colorado corporation not for profit known as Homestead Estates Home Owners Association, which ever date shall first occur. Effective September 1, 1978, and December 1, 1981, these covenants may be amended by a vote of three-fourths of the votes entitled to be cast by the members of the Homestead Estates Home Owners Association, said vote to be cast at a meeting of the members duly held not more than six (6) months before and not more than six (6) months after said date, provided a properly certified copy of the Resolution of Amendment be placed on record in Garfield County, Colorado, not more than six (6) months after said date. If these covenants are amended on December 1, 1978, then they shall continue in effect as amended for so long thereafter as may be stated in such amendment. 3. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any Court of competent jurisdiction, such decision shall not effect the validity of the remaining covenants. bui"r:480 PALE 956 4. Paragraph Headings: The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. •d'v.0 41TEST to O../ •`* sec e ar OKLAHOMA STATE OF Com[} WASHINGTON COUNTY OF 011ikElaLla )ss FOSTER PETROLEUM CORPOON By F, j uT vita- Rusias-A) - Acknowledged, subscribed and sworn to before me this 15th day of September • 1975, by Henry F. Kane, Vice President and 1.. G. Taylor, Secretary of Foster Petroleum Corporation. •^L." Witness my hand and offical seal ry,'Coi'imission expires: May 7, 1976 ra :� MyIJL=. FL. • , and attested by otfaXy ruosic L. G. Taylor as Secretary of Foster Petroleum Corporation . • -17- Pi . IgME5TEA7 mATE.S. reNhSG,P .'YJL 57G;ILL. RANGE:NO BB 'NESS OF THE '_:Y TH PR1,YU:AL MERIDIAN I'OLDRApi`, .111414 • ...,. «. ef,l..... 5..t-Sw... .r ...�.�...--.: Wit.. ,«,�L...,.,� ILCZ- r HAI •FcAttSit.gz 01+Mr r.704.9.14 +1c6 517t:'ti!, P+44i # 14_51 I?I' TAIL t1-1173.1 MIAOW- FBF 'A- 107-17=0 Ai 9 Waal, Ai ra.A.aly I"tlr FE11 _ •••._ 114Pc iP4 • , .. .. . *HoYES-"rc...1 mins' icww,,,rvmr..€, STH. R.:to:moo Oa wf..si oo /.,z ,:,,..fr ,. FNVICAVAL &F..kV..4. AN , COLOR= , , —i. — t .6 i ': i•oput .ri i 4 iicimic 1.1 l'; -.----1. 1 1— -=.2.1,7.-: -- , i Prat=3.11 P.C11,11-1 rec &Lit 11471-14.4. ":1, 111 ! PL 2 8 '3FEB 4 ISM • Receptioi No. �' 'Q Ella Stephens. Recorder ' HOMESTEAD ESTATES 1 SUPPLEMENTAL DECLARATION OF RROTECTIVE AND RESTRICTIVE COVENANTS Recorded at... 1� ' 1 lc` M 601g482 PAGE 553 I. EFFECTIVE DATE: The within Supplemental Declaration of Protective and Restrictive Covenants shall be and become effective all lands II. from and after the 30th day of January, 1976 for in Homestead Estates, Garfield County, Colorado, ARTICLE V,GENERAL RESTRICTIONS of the Homestead Estates Declaration of Protective and Restrictive Covenants as recorded in Book 480 at page 940 of the Garfield County records is amended by the addition of paragraph 10, Hunting, which paragraph shall read as follows: "10. Hunting. No land within Homestead Estates shall ever be used for hunting nor shall hunting ever be carried on or permitted within the limits of Homestead Estates. "Hunting" as that term is used in this section shall mean such activity as is specified by the definition of hunting contained in C.R.S. 1973, 33-1-102(17). " a §ea17 c= ,) 4 tyLTES 'l 3ecr-eta STATE OF 0K M0MA COUNTY OF WASHINGTON )ss FOSTER PE ROLEUM C RPORATt N By ri -� Acknowledged, subscribed and sworn to 30thday of January, 1976 by - HENRY F. KANE Vice -President , and L. G. TAYLOR Secretary of Foster Petroleum before me this , as Corporation. as � Recorded at.....f1ppi.. o; clock.-._ ..-....... M. APR 1 3 X977 857 Reception Ida;. _...L.._ Ella Stephens. Recorder HOMESTEAD ESTATES SUPPLEMENTAL Boux495 FACE 331. DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS I. EFFECTIVE DATE. The within Supplemental Declaration of Protective and Restrictive Covenants shall be and become effective from and after the 1st day of April, 1977, for all lands in Homestead Estates, Garfield County, Colorado. IV. ARCHITECTURAL COMMITTEE. Section 4. Variances. of the Homestead Estates Declaration of Protective and Restrictive Covenants as recorded in Book 480 at page 940, Garfield County records is amended by the addition at the end of said Section with a paragraph which shall read as follows: "Any variance granted by the architectural committee shall be in writing and shall be signed by the members of the architectural committee and shall be recorded in the office of the Clerk and Recorder, Garfield County, Colorado." Attest_ ec d STAVE. `•.OF , OKLAHOMA • ar COUNTY OF WAS11r14GTON t FOSTER PETROLEUM CORPORATIO By .71 / Vice Preident } ) ss Acknowledged, subscribed and sworn to before me this 5thday of April , 1977, by Henry F. Kane, Vice President G. Taylor, Secretary, of Foster Petroleum Corporation. Alibrigs:s my hand and L. ei,.. r,- 'iMy comfiissian and official seal. expires: May 7, 1980 Noty Public �y'ecordec! at. L4; j$ ck1ock M. M. FEB 9 19$2 Reception No.4620 MILDRED A1.SDORF, RECORDER f RESOLUTION OF AMENDMENT TO HOMESTEAD RANCH ESTATES ai77X 592 NGE628 r. V. DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS SECTION VI, PAGE 9 •AND 10, RESTRICTIONS ON RESIDENTIAL ESTATES -Paragraph'2,.which reads in part: In the event that a guest house or servant house is the first struc-- 'ture constructed on a residential estate, the guest house or servant house may be used as a residence for a period of not to exceed one year from completion and issuance of the certificate of occupancy or two years from commencement. of construction, whichever is shorter. sha1T'be changed to read: In the event that a guest house or servant house is the first struc- ture'constructed on a residential estate, the guest house or servant house may be used as a residence for a period of not to exceed three -years from completion and issuance of the certificate of occupancy or four years from commencement of construction, whichever is shorter. ATTEST: Secr-tary STATE OF COLORADO COUNTY OF Ac 1, edged, subscribed.and sworn day of ev /.602r , .1.982 , by 0f - C.5 ►' - f _ �✓cif c Witness my hand and offs. My commission expires: as HOMESTEAD RANCH HOMEOWNERS ASSOCIATION PresIdent. • / ki„,L �3 �Q .041 47. Recorded of 3:1%2 o'clock M. M. MAY 27 1982 BOOK 600 PACE331 Reception No. 328173 MILDRED ALSDORF, RECORDER HOMESTEAD RANCH HOMEOWNERS ASSOCIATION Extension of Protective Covenants At the Special Meeting of Homestead Ranch Homeowners Association held on May 25, 1982, in Carbondale, Colorado, 75" of the membership approved to extend the Protective Covenants of the Association, Section 4, Paragraph 2, until December 1, 1995. And that the membership has the right to "amend" the Covenants at any time with a 75% approval of the membership at a Regular Meeting duly called by The President of the Homestead Ranch Homeowners Association. SIGNED: Ottmar Antze, P esiRient Homestead Ranch }fomeowners Association SIGNED: ti William H. Heldman, Secret y Homestead Ranch Homeowner's Association STATE OF COLORADO) ss. COUNTY OF PITKIN The foregoing was subscribed and sworn to before me this day of , 1982, by OTTMAR ANTZE, President Homestead Ranch Homeowners Association. Witness my hand and Official S eal. My commission expires: (Q// Not ry P STATE OF COLORADO) ss. COUNTY OF PITKIN ) T_ The foregoing was subscribed and sworn to before me this c 7 ' day of /7k/ _ , 1982 by WILLIAM H. HELDMAN, Secretary, Homestead Ranch Homeowners Association. Witness my hand and Official Seal. 3/1/04 My commission expires: o.Noo Vy•" .• � y� 0 r\1 fl,7'•0+ Notary Recorded at 3•Zg o'clock p �� MAY 2? 1982 �� 831 600 1'4E331 Reception No. .��J�J��\ kN|oxso ALSoORP, RECORDER HOMESTEAD RANCH HOMEOWNERS ASSOCIATION Extension of Protective Covenants At the Special Meeting of Homestead Ranch Homeowners Association held on May 26^ 1982, in Carbondale, Colorado, 75% of the membership approved to extend the Protective Covenants of the Association, Section XI, Paragraph 2, until December 1, 1995. And that the membership has the right to "amend' the Covenants at any time with a 75% approval of the membership at a Regular Meeting duly called by The President of the Homestead Ranch Homeowners Association. SlGMEO:57'7;e41.°1-.1 Antze°- P.esfliwnt Homestead Ranch homeowners Association SIGNED:Zpv William H. Heldman, Secret y Homestead Ranch Homeowners Association STATE OF COLORADO) COUNTY OF P/TKlN The foregoing was subscribed and sworn to before me this f�j ��1_` day of ss. , 1988,�by OTTMAR ANTZE, President Homestead Ranch 'Homeowners As-Sbciat1nn. Witness, my hand^and Official Seal. ^' My commission expires: 5/04 STATE OF COLORADO) / ss. COUNTY OF PITKIN ) The foregoing was subscribed and sworn to before me this day of gal/ � , 1982 by WILLIAM H. eELDwAM, Secretary, .__--- Homestead Ranch Homeowners Association. \�.�� .�� Not ry p Witness my hand and Official Seal. 3///84 My commission expires: Notary tow • 1> Recorded at • - 0 (-) APP 111984 Reception No. :51327 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO RESOLUTION OF AMENDMENT 1385K 647 1,4E769 TO HOMESTEAD RANCH ESTATES DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS ' SECTION V, PAGE 8, GENERAL RESTRICTIONS Paragraph 8, which reads, iri part: All rubbish and trash shall be removed from all lots in said Home- stead Ranch Estates. and shall. not be allowed to accumulate and shall not he burned thereon. shall be changed to read: All rubbish and trash shall be removed from all lots in said Home- stead Ranch Estates and shall not be allowed to accumulate. SECTION V, PAGE 9, GENERAL RESTRICTIONS Paragraph 9, which reads: Underground Utility Lines. All water, gas, electrical, telephone lines -- - - of these .protective covenants. shall be changed to elimination of above paragraph in its entirety. SECTION VI, PAGE 9,. RESTRICTION ON RESIDENTIAL ESTATES Paragraph 1, which. reads in part: No buildings orstructures shall be -placed, altered, erected, or permitted to remain'on any residential estate Other than: (1) One detached single-family_ dwelling- house with a minimum of fifteen hundred (15Q0} square feet ;bn the first or ground floor, as measured on the °outside' of the building, excluding porches and gar -ages. - shall bechanged to•read: No buildings or- strctures'.shall be placed,altered, erected, or permitted to remain, on any residenti,`al`estate other than: {�} One. detached.. s'i'ngle -family dwelling house with a minimum of eight hUndred..(800) square €eet, as Measured on the out - din .. - side of the builg;•• excluding: porches and garages'. ,. p 1 •1 . - SECTION VI, PAGE••],O,,RESTRICTION ON RESIDENTIAL ESTATES Paragraph 4, .which rreads;:� . Metal Roofs, Siding, `Towers and Antenna. 1No petal roofs, or metal siding,'towers, exposed a :outside radio, television or other elec- tronic antennae shall be allowed or:permittedto remain on any re- •sidential lot in Homestead Ranch Estates, provided however,.outdoor radio -and television antennae may be permitted by the architectural committee. 1A• 110 647 PACE77O shall be changed to read: Metal Roofs, Siding, Towers and Antenna. No metal roofs, or metal siding, towers, exposed or outside radio, television or other elec- tronic antennae shall be allowed or permitted to remain on any re- sidential lot in Homestead Ranch Estates, except that a metal roof of an unobtrusive color, such as dark green or brown (earth color), may be used. Glaring aluminum or galvanized roofs are not permit- ted. Outdoor radio and television antennae may be permitted by the architectural committee. SECTION VI, PAGE 10, RESTRICTION ON RESIDENTIAL ESTATES Paragraph 5. Add to the end of this paragraph the following: Each lot owner who is permitted by Colorado law and Garfield County ordinance to irrigate one acre of his property may cultivate, land- scape,: plant or farm that one acre in any way he wishes. All other 'acreage in Homestead Estates shall remain, in so far as possible, in its original and natural condition. SECTION VI, PAGE 11, RESTRICTIONS ON RESIDENTIAL ESTATES Paragraph 9. Garbage Disposal and Sanitary Systems. Eliminate the following lines: Each dwelling house or other structure containing a kitchen con- structed on any residential estate in Homestead Ranch Estates shall be equipped with a garbage grinder or disposal unit of a type ap- proved by the architectural committee. Paragraph 10, which reads in part under Fences: All perimeter fencing shall be of a nonview obstructing ranch type rail nature not exceeding six (6) feet i'. height.; and shall be.ap--- proved by the architectural committee. shall be changed to read: All perimeter fencing shall be of a nonview obstructing ranch type rail nature not exceeding six (6) feet in height. Barbed wire- fences shall be permitted. Paragraph 11, which reads in part: - No unlicensed automobile or other vehicle be allowed to remain on _ any residential estate within Homestead Ranch Estates. shall be changed to read: No unlicensed automobile or other vehicle be allowed to remain on any residential estate within Homestead Ranch Estates, except for farm vehicles used upon such estate. Paragraph 12. Add to the end of this paragraph the following: Each owner may visit his property with a travel trailer or camper and use the trailer as his .abode during his stay, provided, that: ;%: no trailer or camper is left unattended for more than a week. 2A BOK 617 PAGE i 7'1 Paragraph 14, which reads: Operation of Motorized Vehicles. No dune buggies, motorcycles, trail bikes, snowmobiles or other motorized vehicles of any type or description shall ever be operated on common area in Homestead Ranch Estates. - shall be changed to read: Operation of Motorized Vehicles. No dune buggies, motorcycles, Grail bikes, snowmobiles or other motorized vehicles of any type or description shall ever be operated on common area in Homestead Ranch Estates for recreational purposes, but may be used on the common areas'for access to the lots by owners when necessary. SECTION XI, PAGE 16, GENERAL PROVISIONS All paragraphs. Eliminate the entire section and substitute the following: - -SECTION XI, PAGE 16, GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Homestead Ranch Estates, and the benefits and burdens of all said covenants shall run with the title to all of the Homestead Estates. 2. Termination of Covenants. The covenants contained in this instrument shall terminate December 1, 1995, or at the time of final dissolution of the Colorado corporation not for profit, known as Homestead Ranch Homeowners Associa-tion, which -ever date shall 'first occur. These covenants may be amended by -a vote of three -fourth of the votes entitled to be cast by the members of the Homestead Ranch Homeowners Association, said vote to be cast at any annual meeting or special meeting called for the purpose, ded;:a properly-certified::dopy of the Resolution of Amendment be placed on. record in,Garfield County, Colorado, not more than six (6} months after said meeting. 3. Hunting, use of Firearms. Hunting of any type on the Homestead Estates or any properties covered by these covenants shall be 'forbidden an prohibited throughout the. year. The use of -firearms for recreational purposes or for target practice shall be .restricted to especially constructed and supervised enclosires to avoid accidental injuries and damage. 4. Annual Meeting.- The annual'meeting of the Homestead Ranch Homeowners Association shall be held on the first Tuesday in July of every year, except when that day shall be the fourth of July. During years when the first Tuesday in'July is the fourth day of•the month, then the meeting shall be held.on the 5th day of July. "5. ,Severability. Should any part or -parts of these covenants be declared invalid or'uneufdreeable by any Court of competent juris- diction, such decision shall not affect the validity of the remaining covenants. 3A provi•- Recorded at /71' /19 o'clock—LM. -"Ili a 7 Ips — Reception No 393503 MILDRED ALSDORF. RECORDER GARFIELD COUNTY, COLORADO RESTATED AND AMENDED DECLARATIONS OF PROTECTIVE AND RESTRICTIVE COVENANTS OF HOMESTEAD RANCH ESTATES I. PURPOSE AND EFFECTIVE DATE. 1. Purpose. The purpose of these Restated and Amended Dec1a-Lcior.3 Of Protective And Restrictive Covenants is to: (a) restate the original Declarations of Protective and Restrictive Covenants to include all subsequent rimendments thereto which have been enacted prior to the date hereof, and'(b) to further amend the Declaraticrn:? of Protective and Restrictive Covenants in. certain respects by the adoption hereof. 2. Effective Date. The original Declarations of Protective and Restrictive Covenants became effective from and after the first day of April, 1977, for all lands within Homestead Ranch Estates, Garfield County, Colorado. This instrument becomes effective when adopted by the members in accordance with the procedure set forth in the original Declarations and is intended to continue the original Declarations where applicable, and supercede the same. II. LAUDS COVERED - DEFINITIONS. 1. "Association" means HOMESTEAD RANCH HOMEOWNERS ASSOCIATION. The name of the asso,.iation described in the original declarations was Homestead Ranch Estates Home Owners Association, but the name was duly changed in accordance with law. 2. "Common Property" or "Common Area" means all private road and utility easements and open space easements as shown on the plat of Homestead Ranch Estates. The term also includes any common (i.e. used by two or more residential estates) water wells, sewer treatment disposal facilities, and distribution or serv'_ce lines serving either, if such facilities are installed by the association. 3. "Easement" means all private road and all utility easements referred to or shown on the plat of Homestead Ranch Estates. 4. "Estate" or "Residential Estate" means a residential building parcel of not less than thirty- five (35) acres in size located within Homestead Ranch Estates. 73'? r!cE259 5. "Homestead Ranch Estates" means all of the lands in Garfield County, Colorado included within the following described boundaries and also any adjacent property which may be acquired subsequent to the execution of this instrument and denominated Homestead Ranch Estates, to -wit: Section 23, Township 6 South, Range 88 West of the 6th P.M. S1 NE Nh SE; SWa5E4 5E1SE; Section 24, Township 6 South, Range 88 West of the 6th P.M. Nh SWa SE;SW1/4 Wh SE1/4 SW1/4SW1/4 Section 25, Township 6 South, Range 88 West of the 6th P.M. Lot 1 Section 26, Township 6 South, Range 88 West of the 6th P.M. W1 NE a Lots 4 and 9 Lots 11 and 12 Section 35, Township 6 South, Range 88 West of the 6th P.M. NEMC Section 36, Township 6 South, Range 88 West of the 6th P.M. NW; W1 NE1 SE1/4NE1/4, less that portion heretofore conveyed to James and Hazel Peterson in 1973. 6. "Home Occupation or Profession" means an occupation or profession customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. and does not change the character thereof, and in connection with which there is no display, no stock in trade, no outside storage of equipment, no commodity sold aeon the premises and not more than two persons are engaged in such occupation. Such uses as barbershop, beauty parlor, tearoom, tourist home, animal hospital, and dancing school shall not be deemed to be home occupations. GENERAL: Purposes, Homestead Ranch Homeowners Association, Membership. 1. General Declaration. The owners of Homestead Ranch Estates, declare the following Protective and Restrictive 737 P:GE2G0 Covenants for the use and benefit of those who, from time to time, shall hold title to or otherwise have an interest in the lands comprising Homestead Stanch Estates. 2. Purpose. The intention of declarant as expressed by its execution of this instrument, is that the lands within Homestead Ranch Estates be developed and maintained as a highly desirable rural residential area. These covenants are intended to protect, insofar as possible, the scenic and secluded gLality of Homestead Ranch Estates, together with giving ample consideration to the present environment, view, and surroundings of Homestead Ranch Estates so that the rural residential development will be in harmony with the aforementioned qualities. 3. Membership in Homestead Ranch Homeowners Association. All persons or associations (other than Homestead Ranch Homeowners Association) who own or acquire the title in fee to any of the lands in Homestead Ranch EstatL (other than lands dedicated as common area, common property or easements) by whatever means acquired, shall automatically become members of Homestead Ranch Homeowners Association, a Colorado Corporation not for profit, in accordance with the Articles of Incorporation of said Homestead Ranch Homeowners Association as presently in effect and recorded or filed in the records of Garfield County, Colorado, and as the same may be duly amended from time to time and also filed or recorded in the Garfield County records. IV. ARCHITECTURAL COMMITTEE. 1. Architectural Committee. The architectural committee shall mean the Board of Directors of Homestead Ranch Homeowners Association, a Colorado Corporation not for profit as said Board of Directors is presently consituted or from time to time in the future constituted. Said architectural committee shall have and exercise all of the powers, duties and responsibilities set out in this instrument. 2. Aeproval by Architectural Committee. No improvements of any kind including but not limite.. ,o dwelling houses, out buildings, swimming pools, parking areas, walls, garages, drives, antennae, curbs and walks, shall be erected, altered, or permitted to remain on any land within Homestead Ranch Estates, nor shall any excavating, clearing or landscaping be done in conjunction therewith cit any lands within Homestead • Ranch Estates, unless tate complete architectural plans and specifications and a site plan showing the orientation for such erection or alteration and landscaping are submitted to—and approved by the architectural committee prior to the commencement of such work. The architectural committee shall consider and base its decision upon: design of the improverent's; materials to be used on the external features of said buildings or structures; external colors; location with respect to topography and grade elevations; harmony of landscaping with the natural settings and native trees, bushes and other vegetation within Homestead Ranch Estates; and minimization of damage to vegetation. In the event the architectural committee fails to take any action within forty-five (45) days after the architectural plans for such work have been submitted to it, then such architectural plans shall be deemed to be approved. In the event the architectural committee shall disapprove any architectural plans, the person or association submitting such architectural plan ray appeal the matter at the next annual or special meeting of the members of Homestead Ranch Homeowners Association, wherein an affirmative vote of at least the majority of the votes entitled to be cast at such meeting shall be required to change the decision of the ar ectural committee. 3. Rules and Regul ons. The architectural committee shall have tide power to prescribe reasonable rules and regulations to aid in carrying out the provisions of these covenants. 4. Variances. Where circumstances, such as topography, location of property lines, location of trees and bu°;hes, or other matters (including the need for outdoor antennae for adequate television and radio reception) require, the architectural committee may, after open hearing, by an affirmative vote of the majority of the members of the architectural committee, allow reasonable variances as to any of the covenants and restrictions contained in this instrument, or its terms and conditions as may be required; provided, however, that no such variance shall be finally allowet until thirty (30) days afL r the architectural committee shall have mailed a notice of such hearing to each member of the Association. In_ the event any three (3) members shall notify the architectural committee in writing of their objections to such variance within said thirty (30) pe.) 73'7 r E262 day period, the variance shall not be allowed until such time as it shall have been approved by the affirmative vote of at least the majority of votes entitled to be cast at an annual or special meeting of the Association. Any variance granted by the architectural committee shall be in writing and shall be signed by the members of the architectural committee and shall be recorded in the office of the Clerk and Recorder, Garfield County, Colorado. 5. General Requirements. The architectural committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within Homestead Ranch Estates conform with the general declaration and purposes of these covenants. The architectural committee shall protect the seclusion and natural view of each residential estate insofar as possible in the development of Homestead Ranch Estates pursuant to these covenants. 6. Architectural Plans. The architectural committee shall disapprove any architectural plans submitted which are not sufficient to enable the architectural committee to exercise the judgment required by these covenants. 7. Architectural Committee Not Liable. Neither the architectural committee nor the association shall be liable in damages to any person or association sub- mitting any architectural plans for approval, or to any owner or owners of land within Homestead Ranch Estates, by reason of any action, failure to act, approval, dis- approval or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in Homestead Ranch Estates, or any person or association submitting plans to the architectural committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the architectural committee, its members as individuals or its advisors, employees or agents. 8. Written Records. The architectural committee shall preserve for a reasonable time, complete written records of all applications for approval submitted (including one(1) set of all preliminary sketches and all architectural plans so submitted) and all actions of approval or disapproval, and all actions taken by it under the provisions of this instrument. ij•. Ix 737 PiGE26 3 V. GENERAL RESTRICTIONS. 1. Zoning. No land within Homestead Ranch Estates shall ever be occupied or used by or for any improvement, structure or purpose or in any manner which is contrary to the zoning regulations of‘`G Ffield County, Colorado, validly in force from time to time. 2. Mining, etc. No mining, quarrying, excavating, or drilling for any substances within the earth including oil, gas, minerals, gravel, sand, rock, and earth, shall ever be permitted within the limits of the Homestead Ranch Estates. 3. No Business Uses. No land within Homestead Ranch Estates shall ever be occupied or used for any commercial or business purposes nor for any noxious activity and nothing shall be done or permitted to be done on any of said lands which is a nuisance or which may become a nuisance to the owner or owners of any of said lands. A home occupation or profession is allowable if it meets all other conditions and restrictions of these covenants. 4. Signs. With the exception of one (1) "For Rent" or "For Sale" sign, which shall not be larger than twelve by twenty (12 x 20) inches and one (1) entrance gate sign of a style and design approved by the architectural committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in Homestead Ranch Estates. 5. Animals. Owners and lessees of land within Homestead Ranch Estates may have ordinary household pets, including horses, belonging to the household in Homestead Ranch Estates. Such pets shall be kept and restrained exclusively within the boundaries of the pet owners estate and must not annoy the owners of other estates or property adjacent. The architectural committee shall have the power to require any owner or lessee of lands in Homestead Ranch Estates to remove any household pet which is not disciplined or which does constitute an undue annoyance to owners and lessees of lands within Homestead Ranch Estates or adjacent property. Owners and lessees of land within Homestead Ranch Estates may have such other animals, including cattle, as are approved by the architectural committee, after a finding that the keeping of such animals is in conformity with the purposes of these covenants. Provided that no animals may be kept for commercial pur- poses and no feed lot shall ever be allowed. 737 wE2G4 A feed lot is defined as: (1) The raising of swine under any conditions; (2) Any tract of land or structure wherein more than ten (10) of any type of fowl, in the aggregate, or the by-products thereof are raised. (3) Any structure, pen, or corral wherein cattle, sheep, goats or other animals, whose flesh or the by-products thereof are a marketable .commodity numbering more than (5) in the aggregate, are maintained in close quarters for the purpose of feeding livestock. 6. Resubdivision Prohibited. No estate within Homestead Ranch Estates shall ever be resubdivided into smaller lots, estates, or parcels, nor conveyed nor encumbered in any less than the full original dimensions of the estate; provided that conveyance or dedications of easements for utilities or privateroads may be made for less than all of one (1) lot. 7. Combining Estates. If two (2) or more contiguous residential estates are owned by the same owner or owners, they may be combined into one or more larger residential estates by means of a written document executed and acknowledged by all of the owners thereof, approved by the architectural committee, reported in the real property records of Garfield County, Colorado. Thereafter, the new and larger estates shall be considered as one residential estate for the purpose of these covenants. The combining of two (2) or more residential estates shall not diminish the number of votes which the owners thereof are entitled to cast under the provisions of Articles of Incorporation of Homestead Ranch Homeowners Association and the Restated Articles of Incorporation of Homestead Ranch Homeowners Association. 8. Service Yards and Trash. All clothes lines, equipment, service or storage piles on any estate in Home- stead Ranch Estates shall be kept screened by adequate planting or fencing so as to be concealed from the view of neighboring estates and streets and access roads. All rubbish and trash shall be removed from all lots in said Homestead Ranch Estates and shall not be allowed to accumulate. VI. RESTRICTIONS ON RESIDENTIAL ESTATES. 1. Number and Location of Buildings. No buildings or structures shall be placed, altered, erected, or permitted to remain on any residential estate other than: 737 r 265 (1) One detached single-family dwelling house with a minimum of eight hundred (800) satiate feet, as measured on the outside of the building, excluding porches and garages. (2) one (1) detached guest or servant house with a minimum of four hundred (400) square feet on the first, or ground floor thereof excluding open porches and garages; (3) One (1) attached or detached garage; and (4) One (1) attached or detached tool or storage shed; and (5) Such buildings as are necessary for shelter and keeping of allowed animals. 2. Dwelling House to be Constructed First. No garage, or other building shall be constructed on any residential estate until after commencement of construc- tion of the dwelling house, guest house or servant house on the same residential estate except as otherwise specifically permitted by the architectural committee. All construction and alteration work shall be prosecuted diligently and each building, structure or improvement which is commenced on any residential estate shall be entirely completed within twelve (12) months after the commencement of construction. In the event that a guest house or servant house is the first structure constructed on a residential estate, the guest house or servant house may be used as a residence for a period of not to exceed three years from completion and issuance of the certificate of occupancy or four years from commencement of construction, whichever is shorter. 3. Setbacks. A11 buildings and structures on all residential estates in Homestead Ranch Estates shall be set back at least two hundred (200) feet from all estate boundary lines and common areas. 4. Metal Roofs, Siding Towers and Antenna. No metal roofs, or metal siding, towers, exposed or outside radio, television or other electronic antennae shall be allowed or permitted to remain on any residential lot in Homestead Ranch Estates, except that a metal roof of an unobtrusive color, such as dark green or brown (earth color), may be used. Glaring aluminum or galvanized roofs are not permitted. Outdoor radio and television antennae may be permitted by the architectural committee. 5. Trees and Landscaping. Except for such cutting and altering of trees and bushes and other natural vegetation growing on a residential estate as is necessary 73? ?-ME266 to be done in connection with the construction of improvements or landscaping previously approved in writing by the architectural committee, there shall be no further cutting or altering of trees or bushes or other natural vegetation growing on any residential estate, and no further landscaping thereof, if such cutting or alteration of the landscaping would change or alter the natural growth and native setting of Homestead Ranch Estates, except as may be authorized in writing by the architectural committee. Each lot owner who is permitted by Colorado law and Garfield County ordinance to irrigate one acre of his property may cultivate, landscape, plant or farm that one acre in any way he wishes. All other acreage in Homestead Estates shall remain, in so far as possible, in its original and natural conditions. 6. Tanks. No elevated tanks of any kind shall be erected, placed or _permitted upon any residential estate. Any tank used in connection with any dwelling house or other structure of any residential estate, including tanks for storage of gas, fuel oil, gasoline, oil or water, shall be buried. 7. Used or Temporary Structures. No used or previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any residential lot except during construction periods and no structure designed to be inhabited by humans shall be occupied in any manner prior to its completion. 8. Exterior Lighting and Sound. No exterior lights or light standards, or any exterior sound generating or emitting system on a residential estate shall be constructed, created or permitted unless previously approved by the architectural committee for harmonious development and the prevention of lighting and sound nuisances to other lands within Homestead Ranch Estates. No loud, offensive or other disturbing or disruptive activities shall ever be allowed or tolerated on any land within Homestead Ranch Estates. 9. Garbage Disposal and Sanitary Systems. No sewage disposal system or sanitary system shall be constructed, altered, or allowed to remain or allowed to be used on any lot unless fully approved as to design, capacity, location and construction of all proper Public Health Agencies of the State of Colorado, and the County of Garfield and also by the architectural committee r aE r n 1► 3 I E2b i 10. Fences. It is the general intent of these covenants that all perimeter fencing within Homestead Ranch Estates have a continuity of appearance in keeping with the native setting and surroundings of Homestead Ranch Estates. All perimeter fencing shall be of a nonview obstructing ranch type rail nature not exceeding six (6) feet in height. Barbed wire fences shall be permitted. 11. Automobile Repair and Unlicensed Automobiles. No unlicensed automobile or other vehicles shall be allowed to remain on any residential estate within Home- stead Ranch Estates, except for farm vehicles used upon such estate. 12. Campers, Trailers, and Other Recreational Vehicles. No camper trailers, boats, or recreational vehicles of any kind whatsoever, or trailers for such recreational vehicles, shall be parked or maintained, at any time, outside of the garage or other outbuildings.on any residential estate in Homestead Ranch Estates. Each owner may visit his property with a travel trailer or camper and use the trailer as his abode during his stay, provided, that no trailer or camper is left unattended for more than a week. 13. Operation of Motorized Vehicles. No dune buggies, motorcycles, trail bikes, snowmobiles or other motorized vehicles of any type or description shall ever be operated on any estate in Homestead Ranch Estates for recreational rurposes. VII RESTRICTIONS ON COMMON AREA. 1. Improvements. No improvements of any kind or nature shall be constructed, altered, or allowed to remain on the common areas of Homestead Ranch Estates, except as otherwise provided herein. 2. Operation of Motorized Vehicles. No dune buggies, motorcycles, trail bikes, snowmobiles or other motorized vehicles of any type or description shall ever be operated on common area in Homestead Ranch Estates for recreational purposes, but may be used on the common areas for access to the lots by owners when necessary. VIII.EASEMENTS RESERVED. 1. Utility Easements and Other Easements. There are hereby created and reserved perpetual easements, as described in (a) and (b) below, for the purpose of constructing, maintaining, operating, replacing, enlarging and repairing water wells, electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, ditches and conduits, and walking and riding trails. arE 73? ME 26S (a) Along that portion of the perime,.ar of a residential estate which is also a portion of the exterior boundary. of Homestead Ranch Estates the easement created and reserved herein shall be twenty (20) feet in width. (b) Along the perimeter of each residential estate to which (a) above does not apply, and along the entire perimeter of the common areas, as described on the recorded plat of Homestead Ranch Estates, and along all of the private roads throughout Homestead Ranch Estates, the easement created and reserved herein shall be ten (10) feet in width on each side of the perimeter boundary of each residential estate and ten (10) feet in width along and outside of each road, boundary. The language in this subparagraph (b) is intended to clarify, but not modify, the language concerning such ten (10) foot utility easements as set forth in the original Declarations of Protective and Restrictive Covenants recorded in Book 480 at Page 940 of the Garfield County records. 2. Fence Licenses Within Utility Easement. No fence or other improvements shall be placed in any of the easements within residential estates created and reserved under Section 1 of this Article VIII unless prior written authorization shall have been obtained from the architectural committee. Any such authorization shall be deemed to be a revocable license and the owner or owners of the residential estate upon which said fence is constructed shall promptly remove the same at their expense upon request of the arc'aitectural committee. Damage to any such fence occasioned by the construrtion, maintenance and repair of any utilities or systems shall be repaired by the owner or owners of the residential estate at their sole expense. Fences erected within easements, in accordance with the provisions of this section shall also meet the standards set in Article VI, Section 10, Supra. 3. Elimination of Utility Easements. Upon approval of the architectural committee of a request that certain easements be eliminated on originally platted lines which are no longer to be lot lines upon the combining.oflotsz. pursuant to Section 7 of Article V, the then owner of such easement shall release and quit claim such easement upon such terms and conditions as the architectural committee may establish. 4. Ownership of Easements. All easements and rights created and reserved in Section 1 of this Article aO:r. 737 PtGE 269 shall be vested in Foster Petroleum Corporation, its successors and assigns, until such time as Foster Petroleum Corporation, its successors andassigns, shall have executed and delivered an instrument in writing transferring the same or a part thereof to The Association. Prior to such transfer, Foster Petroleum Corporation, its successor or assigns, may authorize the use of said easement, either temporarily or permanently, for the purposes set forth in Section 1 of this Article for the benefit of lands not included in Homestead Ranch Estates. Upon any such transfer to The Association, Foster Petroleum Corporation, its successors and assigns, shall be relieved from all continuing responsibilities therefore. IX ROADS. 1. Ownership of Roads. The title in fee to all lands platted as private roads as shown on the recorded plat of Homestead Ranch Estates shall be and remain vested in Homestead Ranch Homeowners Association, unless such were previously dedicated to public use. 2. Easement for Use of Roads. The developer, Foster Petroleum Corporation, previously conveyed•to The Association a non-exclusive easement over and across all the private roads platted and dedicated as private roads on the plat of Homestead Ranch Estates; said road easements are hereby dedicated to the private use of the owners of lots within Homestead Ranch Estates, their guests, invitees and licensees. 3. Maintenance of Roads. All private roads in Homestead Ranch Estates as shown on the recorded plat of Homestead Ranch Estates shall be maintained by The Association. X. ENFORCEMENT. 1. Enforcement Actions. The architectural committee shall have the right to prosecute any action to enforce any of the provisions of any or all of these covenants by injunctive relief, on behalf of itself and all of these covenants by injunctive relief, on behalf of itself and all or part of the owners of land in Homestead Ranch Estates. In addtion, each owner of land within Homestead Ranch Estates, including Homestead Ranch Homeowners Association, have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these covenants. 2. Limitations on Actions. In the event any construction or alteration or landscaping work is commenced on any of the lands in Homestead Ranch Estates in violation of these covenants and no action is commenced within ninety (90) days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall be available to any party aggreived. 73'7 wE2?O Said ninety (0) day limitation shall not apply to injunc- tive or equitable relief against other violations of these covenants, nor shall it apply to provisions of Section 2 of Article VIII. XI. GENERAL PROVISIONS. 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Homestead Ranch Estates, and the benefits and burdens of all said covenants shall run with the title to all of the Homestead Estates. 2. Termination of Covenants. The covenants contained in this instrument shall terminate December 1, 1995, or at the time of final dissolution of the Colorado corporation not for profit, known as Homestead Ranch Homeowners Association, whichever date shall first occur. These covenants may be amended by a vote of three-fourths of the votes entitled to be cast by the members of the Homestead Ranch Homeowners Association, said vote to be cast at any annual meeting or special meeting called for the purpose, provided, a properly certified copy of the Resclution of Amendment be placed on record in Garfield County, Colorado, not more than six (6) months after said meeting. 3. Hunting, Use of Firearms. Hunting of any type on the Homestead Estates or any properties covered by these covenants shall be forbidden and prohibited throughout the year. The use of firearms for recreational purposes or for target practice shall be restricted to especially constructed and supervised enclosures to avoid accidental injuries and damage. 4. Annual Meeting. The annual meeting of the Homestead Ranch Homeowners Association shall be held on the first Tuesday in July of every year, except when that day shall be the fourth of July. During years when the first Tuesday in July is the fourth day of the month, then the meeting shall be held on the fifth day of July. 5. Severability. Should any part or parts of these covenants be declared invalid or unenforceable by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. ATTEST: HOMESTEAD; CH HOMEOWNERS ASSOCIATION L,/,741/24jex,g,Q1vir/a4t, cretary President --13-- STATE OF COLORADO COUNTY OF GARFIELD ) btt"x '737 PoE c71_ Acknowledged, subs::rib=d and sworn to before me this 7 day of cy .1988 , by %4.t/tA, .0 2)0RitiA, v , as President, and /4/g//Y,t,Z. , 040,4f,t.v as Secretary, of Homestead Ranch Homeowners A_iso•_iation. Witness my hand and official seal. My commission expires: ~ 9�� Notary Public CERTIFICATE OF RESOLUTION The undersigned, being the duly elected Secretary of Homestead Ranch Homeowners Association, hereby certifies that the above and foregoing RESTATED AND AMENDED DECLARATIONS OF PROTECTIVE AND RESTRICTIVE COVENANTS OF HOMESTEAD RANCH ESTATES were adopted, as set forth hereinabove, at a meeting of the members of the Homestead Ranch Homeowners Association called for said purpose, and that the adoption of said instrument by the members was by a vote in favor of adoption by more than three-fourths of the members entitled to vote at said meeting appearing in person or by proxy. Secret omestead Ranch Homeow er issociation # r rn v 1. £ 074-4;, r Recorded at ., • __▪ o'clock 1p 61 SSP 1 j 1971) Reception ;;o._.. ±•55 3a Ella Stt:phens. Recorder HOLY CROSS ELECTRIC ASSOCIATION, INC. UNDERGROUND RIGHT--CF-WAY EASEMEN_' 3PJur; 515 PACE 269 KNOW ALL MEN BY THESE PRESENTS, that th- unders_gncd, FOSTER PETROLEUM CORPORATION, a Delaware corporation (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address is Glenwood Springs, Colorado (hereinafter called "Grantee"), and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Garfield, State of Colorado, described as follows: Being Parcel 1 of the Homestead Ranch subdivision in Section 36, Township 6 South, Range 88 West of the Sixth Principal Meridian, as more fully described in Book 462 at Page 200 of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures, and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: A ten (10) foot wide strip of land, beginning at the Northwest property corner of said Parcel 1; thence 5 46°51' E, a distance of 646 feet, more or less. Together with the right to remove any and all trees, brush, vegetation, and obstructions within said strip of land when such is reasonably necessary for the implementation and use of the rights hereinabove granted. After the exercise by Grantee of any of its rights hereunder, Grantee shall promptly restore the surface of the ground to its former condition, as nearly as is practicable, and shall promptly replace any and all trees, brush, and vegetation removed or damaged by Grantee. Grantor agrees that all facilities installed by Grantee on the above described lands shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands, and that the said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following: TO HAVE ANO )H¢LD'.:said right-of-way and easement, together with all and singuAa`T,Or,,.the..rii'elts and privileges appertaining thereto, unto Grantee, its succe ;sorsoand •adsigns, forever. IN' dd'rt;ESS WHER}:OF, Grantor has caused these presents tote duly execu4ed oh'this? 4jMt,, day of &,,(.,,i , 1978. • .LC• , FOSTER PETROLEUM CORPORATION ATTEST• . BY: TITLE: STATE OF ) } ss. COUNTY OF ti L,.L.� t:. ) The foregoing instrument was acknowledged before me this 7 day of .g _____ , , 1978, by lla rte.‘,..,,..e- as 22.e.re,-p�cc l... + and by }/�„;,/6,,1- as SlJ1AP tt, for FOSTER PETROLEUM CORPORATION, a Delaware corporation. , nnu„ WI 'Ntg5 m9''-.lj•and and official seal. M3?. a 9mrriav9n, expires : BY: r1 TITLE: U!L -P1) S.❑ea."7" Notary Public (Homestead Ranch -Parcel 1/UG:job478-7669:are_461-36:8;'21"78) RECORDED .353 O'CLOCKP .M_ REC a 456E69 DEC 16 1593 M[LDRED ALSDORF. GARF[ELD COUNTY CLERK EASEMENT CONTRACT (OPTION) STATE OP COLORADO COUNTY of GARFIELD ) SS. eormOS86 MI 451 KNOW ALL MEN BY THESE PRESENTS: FOR AND IN CONSIDERATION OP THE SUM OF TWO IIULthaEDf� FIFTY 'DOLLARS ($ 250.00 ), the receipt of which is hereby acknowledged, and the further consideration of Si2t2cit.{!ttil r1 W6.00.) per lineal rod (the term "rod" — 16.5 feet) to be paid as hereinafter provided, the undersigned. herein called Grantor (whether one or more), hereby grants, bargains-. ooll4. conveys, and warrants to Rocky MAuntai.n Natural Gas Company, a Colorado corporation, its successors and naaiene, herein, called Grantee, the right, privilege and Aasement for 'thu purpose from time to time of constructing, reconstructing, installing, replacing, protecting, altering, operating, inspecting, maintaining, repairing, removing, changing Lbs Fixe 01. relaying, and abandoning in place a pipeline or pipelines and telecommunication conduits along a route or routes selected by Grantee, for the tranaportation, transmission and distribution o1 telecommunications, gas, natural and/or artificial., or mixed natural and artificial, and any combination and mixture of any of the foregoing, together with such valves, fittings. at►° ,u tures, drips, rogulatora, mains, service connections, meters, route markers and other equipment and appurtenances thereto as may be necessary or convenient for such purposes, in, on, over, under, across and through the following described laud located in Garfield County, State of Colorado, to—wit: Lot 1, Homestead Estates, being part of the SE/4 of the NE/4 of Section 36, Township 6 South, Range BB West, Garfield County, Co),orado, together with the right of ingress and egress to and from the same over and across the adjoining lands of Otantur for any and all purposes reasonably necessary and incident to tit exercise by Grantee of the rights granted hereunder. F.kI B1[xO8861VA452 This option shall extend for a period of thirty-six (36) months from the date hereof, during which time Grantee piny enter upon the premises for the purpose of making aurveyn or performing acts incidental thereto. Grantee may exercise this option at any time during said period by paying to Grancor the a.oresnid sum per lineal rod for the full length of the pipeline ro be initially constructed on said land. Upon Ruch payment, this option shall become an indefeasible easement. rf Grantee fails to make said payment within thirty-six (36) months from the date hereof, all rights, terms, and conditions of this contract shall cease and terminate. TO IIAVE AND TO HOLD said rights, privileges and easements unto said Grantee, its successors and assigns, until this easement or any one. or rnore of said rights or privileges granted herein are used or exercised, and for so .long thereafter as any one or more of said rights of privileges are eyrrciced, or any structure or facility installed hereunder is used or remains thereon. The tome and conditions of this Basement are as fol}owe: 1. The width of this Basement shall be 50 feet. 2. Upon completion of construction Grantee shall fully restore the surface of said land so that there shall not be any permanent mounds, ridges, sinks, or trenches along said easement, to the exti:nt that it may reasonably be done. 3. Grantee shall fully restore ail private roads, drainage and irrigation ditches, levees and canals disturbed by Grantee's exercise of rte rightre hereunder to their condition immediately prior to Grantee's exercise of said rights. 4. Grantee shai.1 have the right to install ternunr'ary or permanent gates .in fences crossing the easement and shall fully repair any and all damage done to any fences of Grantor cut or otherwise- damaged in exercising any of the rights granted hereby. 5. Grantee shall bury any pipeline constructed under this grant acroaa lands under.cult.iivation to such n depth as will not interfere with ordinary cultivation al the time of construction. 6. Grantee shall pay for any and all darrnge to growing crops, fences, trees, liyectock, irrigation installations. and other improvements on said lnrtd whi.h may arise from the exercise of the tights herein granted. 2 sco0886 r xcr 453 7, it is hereby reserved unto the Grantor the right Lo-usc- said land in any manner that will not prevent or interfere with the exercise by granter of its rights hereunder, provided, however, that nr.antpr shall not construct nor permit to bo cottstrucr. d, any houat, building„ or other improvements or obstructions within the easement area, , without the expresn priur written content of the Grantee. 5 . Grantee shall have the right- frrsr,r t i aha.). to time to cut a.l1 trees, undergrowth and other obstructions that:, in its judgment, may injure, endanger nt int et fere with the exercise by Grantee oE the rights, privileges and easement herein granted. The rights herein granted may be sseignad in whole or in ,part and the terms, conditions, at+d provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personalrepresentatives, successors and assigns, of the parties hereto. 10. Grantors shall obtain subc•rd.ination of any deed or deeds of trust existing on said property at Grantor's expense. 11. No above -ground appurtenances will be installed on this easement except for line markers, cathodic Lest stations, gas service equipment or any other facility which may be required as a result of future changes to federal and/or orate pipeline safety regulations. 12. Grantee shall stake the proposed pipeline route prior ro construction. The staked route is subject to final approval by Grantor or a representative denigt,ated by Grantor. Said approval by Grantr.r rhal.l not be unreasonably withheld. 3 RooK0886 PAU 454 It is mutually agreed and understood that this Easement Contract (Option), as written, covets all the agreements and stipulations between the said parties, and no represetttaLioctct or statements, oral or written, have been made modifying, adding to, or changing the terms hereof. Executed this �� day of (Grantor) Name: /.1/7.7-2;�C�� r`G� Name: SSN: C� ` 7 2 cle9 SSN: Witness: STATE OF COUNTY OF ,ss. On this )1' day of Qc . , 199Z, before the personally appeared ...�L-d to me known to be the person(s) described in, and who executed the foregoing instrument, and acknowledged chat he/she executed the same as his/her free act and deed. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in said county and state the day and yent above written. My commission expires: Natno.: L—e 2Q 73 (Notary Public) I 111111 11111 111111 111111 1111 111111 11111 111 11111 11 1111 581075 05/17/2001 11:04A 31253 P480 11 ALSDORF 1 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a rectular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 13th of November, 2000, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe Commissioner Don DeFord , County Attorney Mildred Alsdorf Clerk of the Board Ed Green , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 2001- 31 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR W PAGE SPRACHER (HIGH ASPEN RANCH). LEGAL DESCRIPTION SEE ATTACHED EXEIIBIT "A" WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from W. Page Spracher concerned with a Subdivision Exemption to allow a total of two (2) lots being approximately 4 019 and 69.821 acres in size; WHEREAS, the Board held a public meeting on the 136 day of November, 2000 upon whether the above-described Subdivision Exemption should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact - A, That proper posting and public notice was provided as required by law for the hearing before the Board of County Commissioners. B That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 1 111111 11111 111111 111111 1111 111111 11111 111 11111 1111 1111 581076 05/17/2001 11:048 01253 P48I M RLSDORF 2 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO C That fr the above stated and other reasons, the proposed Subdivision Exemption is in the best interest of the health, safety, morals, convenience order prosperity and welfare of the citizens of Garfield County D That the application is in conformance with the Garfield County Subdivision Regulations of l984, as amended NOW TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the. High Aspen Ranch Subdivision Exemption be and hereby is approved, upon the following specific conditions A That all representations of the applicant, either within the application or stated at the meeting before the Board of County shall be considered conditions of approval B An Exemption Plat shall be submitted . indicating the legal description of the properly, dimension and arca of the proposed Tots, 25 foot wide access to a public right-of-way for cach lot and any proposal casements for setbacks, drainage irrigation access or uulities. C The applicant shall have 120 days to present the plat to the Commissioners for signature, from the date of approval of the Exemption. The Board may gram extensions of up to one (1) year from the original date of approval, provided the applicant submits a request for extension prior to the approval expiration date. 13. The applicant shall submit 5200.00 per lot, in School Site Acquisition Fccs for the creation of aII exempted parcels. E. The following plat notes slut] be included: 1 "Control of noxious wads is the responsibility of the property -owner" 2 "One (1 ) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries." "No open hearth solid -fuel fireplaces will be allowed anywhere in the within an exemption. Onc (1) new solid fuel burning stove as defined by C.R.S 25-7-401, et scq , and the regulations promulgated thereunder, will be allowed in any dwelling unit. Alt dwelling units will be allowed an unrestricted number of natural gas burning stoves ad appliances." 4 -All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, toward the interior of the subdivision, except that provision may be made to allow for safety lighting that goes beyond the property boundaries." 5 Garfield County has a Right -to -Farm -and Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations will not be pursued." 6 "Specific geological hazards may be encountered during the placement of structures and septic systems. Site specific analysis for placement may be required." F The applicant shall receive any necessary driveway permits, for tach lot created, from the Road and Bridge Department, prior to the signing of an exemption plat G The applicant shall demonstrate thatan adequate supply of water in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of each well 1 A well be drilled and a four hour pump test be performed, 11 The applicant supply to the Planning Department the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level, III The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge shall be submitted to the Planning Department, 1111111111111111111111111111111111111111111111111111111 581076 05/17/2001 11:04A B1253 P482 11 ALSDORF 3 of 7 R 0.00 0 0.00 GARFIELD COUNTY CO IV A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed kis and be submitted to the Planning Department; V An assumption of an average or no less than 3 5 people per dwelling unit, using 100 gallons of water per person, per day, Vi The water quality be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids Dated this 1 9th day of MAY , 2001 A.D ATTEST. f&GA,o erl oftt1jA Boar' f7 S;,0 - :o -:17o ;-�Elpo ��, duly made and seconded the forego i'�� Resoluti. was adopted by the folloyyingcv �c;,t'` d1 •. ,�:..Aye COMMISSIONER WALTER A. STOWE -,Aye Aye GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO CCF MIggT€i 'I STATE OF COLORADO County of Garfield )ss ) I , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 2001 County Clerk and ex -officio Clerk of the Board of County Commissioners APR.18.2000 10:113AM NO.096 P.8/9 Cz,44« head r 4 1011 EXHIBIT B-2 PROPERTY DESCRIPTION A PARCEL OF LAND BEING THE E1/2NE1/4, LOT 3 AND LOT 10 OF SECTION 26, ALL OP SECTION 25 EXCEPT THE NE1/4NE1/4 AND LOT 1, THE NE1/4NE1/4 AND A PORTION OF THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OP THE SIXTH PRINCIPAL MERIDIAN AND LOT 1, 3, 4, 5, 6 AND THE SE1/4NW1/4 OF SECTION 30 AND LOT 1, LOT 7 AND A PORTION OF LOT 2 AND THE SE1/4NW1/4 OF SECTION 31, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, A 1924 GW BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE N 89°52'41' W ALONG THE SOUTHERLY LINE OF SAID SECTION 26 1321.18 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 26; THENCE N 00°00'04" W ALONG THE WESTERLY -LINE OF THE 31/29E1/4 OF SAID SECTION 26 2639.08 FEET TO THE EAST -CENTER 1/16T11 CORNER OF SAID SECTION 26; THENCE N 00°01'24" W ALONG THE WESTERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 26 2640.53 FEET TO THE EAST 1/6TH CORNER OF SECTION 23 AND SECTION 26; THENCE N 89°53'39" E ALONG THE NORTHERLY LINE OF SAID SECTION 26 1313.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 89°59'44° 5 ALONG THE NORTHERLY LINE OF SAID SECTION 25 2649.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE 9 89°58'22" E 1319.65 FEET TO THE EAST 1/16TH CORNER OF SECTION 24 AND SECTION 25; THENCE S 00004'46" E ALONG THE EASTERLY LINE OF THE NW1/4NE1/4 OF SAID SECTION 25 1322.95 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 25; THENCE 8 89°55'33" E ALONG THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 25 1319.07 FEET TO THE NORTH 1/16TH CORNER OF SECTION 25 AND SECTION 30; THENCE N 99°59'19" E ALONG THE NORTHERLY LINE OF THE S1/2NW1/4 OF SAID SECTION 30 2673.99 FEET TO THE NORTH -CENTER 1/16TH CORNER OF SAID SECTION 30; THENCE S 00°07'00" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 30 1325.64 FEET TO THE CENTER OF SECTION 30; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE S 00°07'00" E 2616.22 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 30, A STONE IN PLACE; THENCE S 00022'10" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 31 2279.33 FEET TO A 414 REBAR IN PLACE; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE S 89°57'59" W 2670.35 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 31 (WHENCE A REBAR AND CAP L.S. 443317 BEARS N 89°57'59" E 1.53 FEET); THENCE N 00°13'49" E ALONG THE WESTERLY LINE OF SAID SECTION 31 512.75 FEET; THENCE LEAVING TSR WESTERLY LINE OF SA:D SECTION 31 N 38'31'5:" W 31.94 FEET; THENCE N 89'58'33" W 173.63 FEET; TO A POINT ON THE EASTERLY LINE OF PARCEL 1, HOMESTEAD ESTATES; THENCE N 0G°01'27" 5 416.14 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE N 89°51'51" W ALONG THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36 1111.17 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 36; THENCE Received Time Acr•IB. 1O:16AM .+ .�. iv.Luuu • » 4Cr. 1 1 111111 IIIII 1111111111 11111 111ill 1101 111 1111 Ell 581075 05/17/2001 11:04A 01263 P484 ry ALSOORF 5 of 7 R 0.00 D 0.00 GRRFIELD COUNTY CO PAGE NO. 2 SUCK POINT RANCH P.9/9 N 00°46'07" E ALONG THE WESTERLY LINE OF SAID NE1/4NE1/4 1329.94 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 25; THENCE S 89°54'48" W ALONG THE SOUTHERLY LINE OF SAID SECTION 25 1293,79 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°25'29" W 49.51 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 8 89°59'300 W 1324.96 FEET TO THE WEST 1/16TH CORNER OF SAID SECTION 25, A #5 REBAR IN PLACE; THENCE LEAVING SAID SOUTHERLY LINE N 00°05154" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 25 1306.20 FEET TO THE SOUTHWEST 1/16TH CORNER OF SAID SECTION 25, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S 89049'56" W ALONG THE SOUTHERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 25 1324.83 FEET TO THE SOUTH 1/16TH CORNER OF SAID SECTION 25 AND SECTION 26, A REBAR AND CAP L.S. 49018 IN PLACE; THENCE 9 00°05'30° E ALONG THE WESTERLY LINE OF SAID SECTION 25 1323.25 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 1,142.276 ACRES, MORE OR LESS. AAKialikkelli\ECCAR3DVANN1142 D...n.vpd Received Time APf•18. 10:16AM 111111111111 1111111111111111 III111111111111111111111111 581078 05/17/2001 11:94A 81253 P485 H ALSDORF 6 of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Recording requested by: Page Spracher And when recorded, mail to: Page Spracher c/o Banker's Mortgage Corporation P.D. Box 7904 Aspen, Colorado 81612 figure, C.1. QUIT CLAIM DEED PAGE SPRACHER ("Grantor"), with an address of c/o Banker's Mortgage Corporation, P.O. Box 7904, Aspen, Colorado 81612, for a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and quitclaims to HIGH ASPEN RANCH, LLC, a Colorado limited liability company, whose address is c/o Curtis B. Sanders, Krabacher Law Offices, 201 North Mill Street, Suite 201, Aspen, Colorado 81611, the following real property in Garfield County, Colorado: A parcel of land situated within the SE1/4 NE1/4 of Section 36, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly described as follows: Commencing at the East quarter corner of said Section 36, a stone in place, the true point of beginning; thence N. 89°40'21" W. along the southerly line of said SE1/4 NE1/4 130.31 feet to the southeast corner of Parcel 1, Homestead Estates, as shown on the plat recorded as Reception No. 270401 in the Garfield County Clerk and Recorder's Office; thence leaving said southerly line N. 09°19'56" W. along the easterly line of said Parcel 1 635.75 feet; thence continuing along said easterly line N. 11°57'51" E. 209.48 feet; thence continuing along said easterly line N. 00°01'27" E. 84.96 feet; thence leaving said easterly line N. 89°57'59" E. 173.63 feet; thence S. 38631'57"E. 31.94 feet to a point an the easterly line of said Section 36; thence S. O.0°13'49" W. along said easterly line 893.09 feet to the true point of beginning; said parcel containing 4.019 acres, more or less; subject to the following: 1. Those matters affecting title described in Exhibit A attached hereto and made a part hereof; and 2. The Restrictive Covenants described in Exhibit B (and Exhibit B-1 and Exhibit B-2 attached thereto). Together with all its appurtenances and all the estate, right, title, interest of Grantor. P SEP 24197E yisssrd WI ST, 2' LT x■wrL1oa aO 2691B-1 alt. Stephens. Recorder GENERALNASRAWTT DEED Janes D. and Heather 14. Petersen. husband d wife ?vboes7addr■is is Aspen. County of Pitkin. Colorado, for the consbderatlen 0f Ten Oallars,. in hand pall, together with other good andvaluable es coisideer.tity and Camtb0o br sell and convey to N1111es F. Ogen. o Denver. Colorado, the following teal property In the Cotet17.of,Gariifld . • and State of Colorado: _ "7 ' r' • That part of the MN of Sec. 31, 7p. 6 3.; 11:2.7 Nrj'r6t1 rf'r� +- and that part of the NE11 of Sec. 36, Tp. 6 5:;711-....118 Ni,F.6th,-P:11'>�srN,- described as follows: ' { -,! 3.. "i `y 1" Beginning at the center of said See. 31, ,...-g."-• �f Pd .:.- thence k thence N. 19'00'x6" N. 2673.25 ft. along the SOntherli. • . of lot 2 and SES146'* of Sec. 34 .4y;�� 'SEPr:i thence S. 11'12,49" N. 129.63 feet; - -,.. .•Wit thence N. 09'19'23" N. 640.79 ft., <.• r }t thence N. 11.51'24" E. 201.61 ft.. �•, r thence 5. 74'14'06"- E. 140.13 ft.; .,..., thence S. 60'21'21" E. 61.61 ft.1 . thence S. 00'13'45" 11. 373.86 ft.; - thence 611.45 ft. E. along the lino of Lot 2 of Sae`$Y thence S. 60'21'21" E. 76.31 ft.; ^i'+.-"�~ N thence . 76'55,43" E. 143.13 tt.; _ thence N. 34'34'35' E. 5.77 ft.; thence E. 95.15 ft. .11111 the line of said Lot 2 of•Eie thence N. 201.07 ft. along the lines of said Lot 2 of Sae thence N. 2/'36'31''1. 105.47 ft.; - i=...,- :' 1r' . •. 479 rtrF 305 thence N. 29'27'01" E. 220.75 ft.; thence N. 32'21'39" E. 53.31 ft.; thence N. 4391'41" E. 929.66 ft.; thence N. 46'01'14" E. 186.66 ft.; `••�'r thence 319.64 ft. E. slung the line of Lot 7 of Ser: 31.R thence 290.10 ft. N..long the line of Lot 7 of Bec-4114r thence N. 46'00'52" E. 272.74 ft.: ti ,'.u,,�.,:y�C�•._, thence N. 43'2316" E. 347.41 ft.; ' • , thence 5. 00'17'04" N. 2494.31 feet to the point of beg;t0 g Nlth .11 Its appurtenances and warrants the title to ane, Colorado -te, •, d right-of-way granted to the Public Service en.peny o In Doc. Its. 216297, in Boot 343 at page 261, those reser.ations .nd exceptions as contained in the United States Patent recorded June 6. 19494 in !look 243 .t pegs 464, end general eases for 1974. :.ya , . Signed and delivered this a, day ofTtarch .; 1975 , 1r 1 n -11111, r �aair': aaea ' 100710n 1'Cwfir eat. er 'etere0n (1c.41r t,..... STATE OF COLORADO ) COUNTS OF'GARFItLD ) 74: a The foregoing la$trtwent wee acknowledged before owe this % of !lurch , 19: S by Janes 0. Peterson and Heather N. Peterson, hum end 1,14 .lee. t Notary Public it ae. $FIS c R. WIL$O'l """"","4h 0116• 011 • gM y,f�.ww„ i 1101 w," 1r . 1w+. ace". t1 1110* 1111444 IIIA 11111111111111111111111111114111111 11114111 70aff77 850.00212 0.00 GRRF1EELO C04WN7YnCO �Oi2F 1111111111111111111111111111111111111111111111111111111 583385 06/28/2001 09:20A 01264 P438 11 RLSOORF 1 of 8 R 40,00 0 0.00 GARFIELO COUNTY C0 QUIT CLAIM DEED THIS DEED, Made thisl5lh day of June. 2001. between LMK, LLC a Colorado limited liability company of the County of Pitkin and the state of Colorado. grantor(s), and GRANDE RONDE RIVER, LLC a Colorado Limited Liability Company (formerly Page Sprachcr) whose legal address is Banker's Mortgage Corporation. P.O. Box 7904, Aspen Colorado, 81612 of the County of Pitkin and State of Colorado, grantee(s): WITNESSETH, That the grantar(s) for valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents does remise, release sell, convey and QUIT CLAIM unto the grantee(s), its, successors and assigns, forever, all the right, title, interest, clairr and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: 4n Exemption Plat Parcel C of land situated within the SE % NE 14 ofSection 36, Township 6 South, Range 88 West of the Sixth Principal Meridian, =aunty of Garfield, State of Colorado; said parcel of land being a pan of High Aspen Ranch, formerly Buck Point Ranch, as shown on the Exemption at and Boundary Line Adjustment recorded at Reception No.578833 and said parcel being more particularly described as follows. Commencing at the East quartet coma of said Section 36, a stone in place, the Min point of beginning; thence N. 89'4021" W along the southerly line auk! SE%NEV. 130.31 feet to the southeast coma of Parcel 1, homestead Estates, as drown on the plat recorded as Reception No. 270401 in the Garfield County Clerk and Recorders Oiftee; thence leaving said southerly line N 09°1916" W along the castcrty line of said Parecl 1635.75 feel, thence continuing along said easterly lint N 11.57'51' E 209.48 fat; thence continuing along said easterly line N 00'01'27' E 84 96 fret; thence Leaving said easterly line N 89.57'59' E 173.63 feet; thence 5 38.31'57' E 3194 fest to a point on the anted}, line of said Section 36; thence S 00'1349" W along said easterly line 893.09 feet to the true point of beginning; said parcel containing 4 019 saes, more or less: subject to the following. 1 Those marten affecting title described in Exhibit "A", and 2. The Restrictive Covenants described in Exhibit "13", Exhibit 13.1" and Exhibit "13-2' TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunta appertaining, and all the estate, right, tile, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantec(s),its successors and assigns forever. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. LMK, LLC, a Colorado Limited liability Company By. tcPherson, Manager STATE OF COLORADO ) ) ss. County of A -Tr\ f n ) The foregoing instrument was acknowledged before me Ihis194" day of Ti r YIP— , , 2001, by Don Me_Plterson. as Manager of LMK. LLC„, a Colorado Limited Liability Comnanv. Witness my band and official seal Notary Public QUrr CLAIM DEED '�-!C`f� {AC'r'.� '� S p'f'wl,2r 1 gC�C. (tt-r'vC�Q. iZ h,,,A4. �� IS SI,As(CD g 161 FFR. ta.2@0 I 19: i7Arr EXHIBIT TO WARRANTY DEED SCHEDULE B SECTION 2 EXCEi'TTONS The poi,cy or po Ices to be issued wil contain exceptions to the fo:'owing unless the same are dsposed of to the satisfaction of the Compan.y: 1. Rights or claims of parties In possess:on not shown by the public records. 2. Easements, or claims of easements, not shown by the pub"c records 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises wn,rl+i diae!ose and which are not shown by the public records. 4. Any "len, or right to a Ilen, for services, labor, or material heretofore or hereafter furnisher!, imposed by law and not shown by the pubic records. 5 Defects, liens, encumbrances, adverse claims or other matters, if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date We proposed insured acquires of record for va ue the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable, and any tax, special assessment, charge or fen imposed for water or sewer service ar for any other special taxing district 7. Right of the proprietor of a veln ar lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in Unted States Patent recorded February 25, 1899 in Book 12 at Page 501 and on November 9, 1920 in Book 73 at Page 115. 8 Right of way for ditches or canals constructed by the authority of the United States as reserved In United States Patent recorded Febniary 25, 11399 in Book 12 at Page 501 and November 9, 1920 in Book 73 at Page 115. 9. All the coa. and other minerals in the lands so entered and patented, together witht he right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916. as reserved in the United States Patent recorded May 22. 1940 In Book 194 at Page 619 (Lots 3 and 10, Section 26) 10. All interest in all oil, gas and other minerals as reserved by Deed recorded May 26, 1952 In Book 264 at Page 300 and any and all assignments thereof. or interests therein. (Affects the SE1/46E1/4, Sec. 25, NE1l4NE1l4, Sec, 36, Tp 6 S, R88W, 6Ih P.M. Lot 1, Sec 30 and Lot 1, Sec. 31, Tp 6 5, R87W, 6th P.M.) 11 Easement and right of way for the construction, re -construction, operation and maintenance of conducotrs and conducts as set forth in instrument recorded December 19 1862 in Book 346 at Page 135 end Instrument recorded January 24, 1963 in Book 346 at Page 532. 12. Easement and right of way as granted to The Motintafn States Telephone and Telegraph Company In instrument recorded June 25, 1936 In Book 183 at Page 429. 13. Reserving all the coal and other minerals, together with the right to prospect for, mine and remove Iha same purusant to the provisions and limitations of the Act of December 25, 1916 as reserved by the United States of America in Deed recorded November 9, 1939 in Bock 194 at Page 593. 14. Easement and right of way for ditches as set forth .n Instrument recorded July 18, 1888 as Reception No. 7292. 15 Exceptions and Reservations as contained in the Patent recorded June 28, 1949 in Book 243 at Page 465. 16. Easement and right of way as sat forth In Instrument recorded July 26, 19621n Book 343 et Page 261. 111111111111111111 i11I11 11111 111 DIEM 11111 1111 1111 583396 06/28/2001 09:206 81264 P439 11 ALSOORF 2 of 8 R 40.00 0 0.00 GARFIELD COUNTY CO Received 1<iae Ayr . 111. 10-10M1 (Continued) APR.19.2080 10:171 1 ' C' P. :!9 1111(1111111111111111111 11111 111 EEO 01 11111 1111 1111 583396 06/28/2001 09:20A 81264 P440 M ALSDORF 3 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO SCHEDULE B SECTION 2 EXCEI'I-IONS - (Continued) 17. Easement and r.ght of way for an electric transmission or distrbution i:ne w system„ as granted to Holy Cross E ectric Association, Inc., In instrument recorded April 10, 1986 in Boo:: 686 at Page 427 18 Right of way for ditches or canats constructed by the authority of the United States as reserved In United States Pate -,t recorded September 14, 1907 in Oook 720 at Page 824 19 Exceptions and Reservations as contained In the United States Patent, recorded September 14, 1987 in Book 720 at Page 824. 20 Easement and right of way for an electric transmission or distribution line or system. as granted to Holy Cross Electric Association, Inc.. "n Instrument recorded November 5, 1990 in Book 792 at Page 609, 21 Easement and right of way as shown on High Country Engineedng, Inc.°s survey dated July 26, 1993 as File No. 93637.01. 22. Easement as granted to Rocky Mo mtaln Natural Gas Company in Instrument recorded June 21, 1994 in Bock 944 at Page 484_ ftecerved Trze Ayr. B. 10:16AM APR.19.2000 10:17RM 1111111 11111 11111111111111111 111 1111111 111 1111111111111 583396 08/28/2001 09:20A 81264 P441 M ALSDORF 4 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO to wit: NO. 096 r' . E. 9 Exhibit 13 to Warranty Deed RES1'RIGTIVE COVENANTS The Subject Parcel is conveyed subject to the following perpetual Restrictive Covenants, 1. Within the Building Envelope on the Subject Parcel, as depicted and described an thn map attached hereto as Exhibit 13-1 and made a part hereof by thic reference, the only permitted development shall be a guest house containing a maximum number of square feet permitted by Garfield County and will not in any case exceed (whether permitted by Garfield County or not) 2,500 square feet of above grade residential floor arca, an access driveway, and fencing and landscaping as appropriate. Said guest house must contain a two -car garage or larger, and must be of new construction and may not be prefabricated or manufactured and may not be moved onto the Subject Parcel from another location. No other structures or improvements of any kind shall be constructed, placed or allowed to remain within the Building Envelope. 2. Restricted Area #1 on the Subject Parcel, Pasture for horses with a two horse limit, as depicted and described on attached Exhibit 13-1, shall forever remain undisturbed open space, and no disturbance or change in the natural state of the surface thereof shall be permitted, and nn impmveanentc of any kind shall ever he cnnstructed, installed, plated or permitted to remain thereon, including without limitation structures, lighting, fences, walls, roads, driveways, antennae, satellite dishes, flag poles, tennis courts, pools, hot tubs, patios, Iandscaping, beans, other land forms, or above -ground utilities. A perimeter fence of this area will be allowed. 3. Restricted Area tt2 on the Subject Parcel, Pasture for horses, as depicted and described on attached Exhibit 13-I, shall forever remain open space, and no improvements of any kind shall ever be constructed, installed, placed or permitted to remain, including without limitation atructures, Iighting, fences, walls, antennae, satellite dishes, flag poles, tennis courts, pools, hot tubs, patios, landscaping, berms, other land forms, or above -ground utilities. A perimeter fence of this arca and driveway to guest house will be allowed. 4. The owner from time to time of the Subject Parcel shall at all tunes keep and maintain in the Subject Parcel and all parts thereof and all improvements and landscaping in a neat and attractive condition and in a good state of repair. No motor vehicles of any kind shall ever be parked or stored or allowed to remain on the Subject Parcel, except in the guest house garage (if a guest house is in fact built on the Subject Parcel) or on the driveway serving said guest house. No mobile homes, and no equipment or materials, shall ever be placed or stored or allowed to remain an the Subject Parcel. AIL utility lines and facilities serving the guest house shall be underground. 5. These Restrictive Covenants shall bo binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, and shall be a perpetual burden on the Subject Parcel and adjoining Parcel 1 of Homestead Ranch Ree 'red Time .n:. S I0.i4AM Af'R.I8.20f0 10:17AM MO 096 P. 11111111111111111111111111111111 1111111 111 11111 1111 1111 383396 06/28/2001 09:20A 51264 P442 M ALSDORF 3 of 8 R 40.00 CO 0.00 GARFIELD COUNTY CO Estates, and shall be for the benefit of the property described on Exhibit B-2 attached hereto and made a part hereof by this reference and all parts thereof, and shall be appurtenant to and run with the title to the lands burdened and benefitted thereby. 6. These Restrictive Covenants shall be enforceable by the owner or owners from time to time of all or any part of the lands described on attached Exhibit B-2, by proceedings at law or in equity, including without limitation a form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. 7. In any action brought to interpret and/or enforce these Restrictive Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection therewith. 8. These Restrictive Covenants may only be amended by a writing signed by the owners from time to time of Parcel 1 and ofl3uck Point Ranch. If a homeowners association is someday formed to govern the affairs of lots or parcels at Buck Point Ranch, that association shall act for the owners of Buck Point Ranch in connection with the amendment of these Restrictive Covenants. CMOO UMMIWmmarradten„,m4 Received fine Aar 18 10 16AM —g - �CZ 10081 . 0 .:n -N ,i irll - m 1:1 0 Nom 9 - ..Elm ea EXHIBIT "B-1" d‘ 0IIIc ID NGS JO TO FE G ALLOWED. BUILDING EffVELd \ \ ,(rr� 11 .\ v---1 \ ? \ FOR GU T HOUSE 111111111111111111 111111 1111111111111111111111111111111 583396 06/26/2001 09:20A 61264 P444 M ALSOORF 7 of 6 R 40.00 1) 0.00 GARFIELD COUNTY CO EXHIBIT 8-2 PROPERTY DESCRIPTION A PARCEL OF LAND BEING THE E1/2NE1/4, LOT 3 AND LOT 10 OF SECTION 26, ALL OF SECTION 25 EXCEPT THE NE1/4NE1/4 AND LOT 1, THE NE1/4NE1/4 AND A PORTION OF THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND LOT 1, 3, 4, 5, 6 AND THE SE1/4NW1/4 OF SECTION 30 AND LOT 1, LOT 7 AND A PORTION OF LOT 2 AND THE SE1/4NW1/4 OF SECTION 31, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, A 1924 GLO BRASS CAP IN PLACE, THE POINT OF BEGGINNING; THENCE N 89°52'41" W ALONG THE SOUTHERLY LINE OF SAID SECTION 26 1321.18 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 26; THENCE N 00°00'04" W ALONG THE WESTERLY LINE OF THE E1/2SE1/4 OF SAID SECTION 26 2639.08 FEET TO THE EAST -CENTER 1/16TH CORNER OF SAID SECTION 26; THENCE N 00°01'24" W ALONG THE WESTERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 26 2640.53 FEET TO THE EAST 1/6TH CORNER OF SECTION 23 AND SECTION 26; THENCE N 89°53139" E ALONG THE NORTHERLY LINE OF SAID SECTION 26 1313.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 89°59'44" E ALONG THE NORTHERLY LINE OF SAID SECTION 25 2649.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 89°58'22" E 1319.65 FEET TO THE EAST 1/16TH CORNER OF SECTION 24 AND SECTION 25; THENCE S 00°04'46" E ALONG THE EASTERLY LINE OF THE NW1/4NE1/4 OF SAID SECTION 25 1322.95 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 25; THENCE S 89°55'33" E ALONG THE NORTHERLY LINE OF THE SEI/4NE1/4 OF SAID SECTION 25 1319.07 FEET TO THE NORTH 1/16TH CORNER OF SECTION 25 AND SECTION 30; THENCE N 89°59'19" E ALONG THE NORTHERLY LINE OF THE S1/2NW1/4 OF SAID SECTION 30 2673.99 FEET TO THE NORTH -CENTER 1/16TH CORNER OF SAID SECTION 30; THENCE S 00°07'00" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 30 1325.64 FEET TO THE CENTER OF SECTION 30; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE S 00°07'00" E 2616.22 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 30, A STONE IN PLACE; THENCE S 00°22'10" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 31 2279.33 FEET TO A ##4 REBAR IN PLACE; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE S 89°57'59" W 2670.35 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 31 (WHENCE A REBAR AND CAP L.S. #3317 BEARS N 89°57'59" E 1.53 FEET); THENCE N 00°13'49" E ALONG THE WESTERLY LINE OF SAID SECTION 31 512.75 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID SECTION 31 N 38'31'57" W 31.94 FEET; THENCE N 89'58'33" W 173.63 FEET; TO A POINT ON THE EASTERLY LINE OF PARCEL 1, HOMESTEAD ESTATES; 'THENCE N 00°01'27" E 416.14 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE N 89°51'51" W ALONG THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36 1111.17 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 36; THENCE 1 111111 11111 111111 111111 11111 111 1111111 III 11111 11111111 183396 06/28/2001 09:208 81264 P445 h RLSDORF 8 of 8 R 40.00 0 0.00 GARFIELD COUNTY CO PAGE NO. 2 BUCK POINT RANCH N DO°46'07" E ALONG THE WESTERLY LINE OF SAID NE1/4NE1/4 1329.94 FEET TO THE EAST 1/16TH CORNER OF SAID SECTTION 25; THENCE S 89°54'48" W ALONG THE SOUTHERLY LINE OF SAID SECTION 25 1293.79 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°25'29" W 49.51 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°59'30" W 1324.98 FEET TO THE WEST 1/16TH CORNER OF SAID SECTION 25, A #5 REBAR IN PLACE; THENCE LEAVING SAID SOUTHERLY LINE N 00°05'54" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 25 1306.20 FEET TO THE SOUTHWEST 1/16TH CORNER OF SAID SECTION 25, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S 89°49'56" W ALONG THE SOUTHERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 25 1324.83 FEET TO THE SOUTH 1/16TH CORNER OF SAID SECTION 25 AND SECTION 26, A REBAR AND CAP L.S. 59018 IN PLACE; THENCE S 00°05'30" E ALONG THE WESTERLY LINE OP SAID SECTION 25 1323.25 FEET TO THE POINT OF BEGINNING; SAID PARCE:, CONTAINING 1,142.276 ACRES, MORE OR LESS. \\Keili\ke11i\DOCS\MSD\WI01142 Dee M wpd I 111111 11111 I11111 till 11111 1111E1 111 11 111 11111 III 11 11 Recorder 562229 04/19/2000 09:47A B1182 P945 M RLSDORF 1 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO WARIZAig7'Y DEED z I 210 'ruts DE1•.111 Madc rh s I24 day ol'Apri1, 21100, between LAM:, LLC a Colorado I.ir rted Liabilay Company attic *County of Mtkin, State id -Colorado. grantor, and Page Spracher whose legal address is Q/, V4. (s iJor 1st 6 gf �D fay 11° , ,4sp , 612— of Om County of Garfield ,State of Colorado, grantee WIT 5SIfl 1, That the grantors. for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and suRieicneyofwhichishereby acknowledged, has granted, bargained, sold and conveyed. and by these prescoudiscs grant bargain sell. convcyand conliim, unto the grantees. his heirs and assigns forever, all the real property, together with improvements. if any, situate, lying and bang rn the County of Liarfrele. State of Co' urado, described as follows A parcel ',nand situated within the Sf:'1. NE 14 ofSectinn 36. Township 6 Samh,Range 88 West oldie Sixth Principal Muidhan,County c GnrGold, time of Colorado; said parcel or land being more particularly described as follows: Commencing at the East quarter corner of said Section 36, a stone in place, the true point of beginning. thence N 89'40'21' W along the southerly line of said SE% NE'/. 130 31 feet to the southeast coma of Parcel 1,1 lomestead Estates, as shown an the plat recorded as Reception No. 270401 in the Gadreld County Clerk and Recorders ORice; theme leaving said southerly line N 09' 19'56' W along the easterly line of said Parcel 1635.75 feet; thence continuing along said easterly line 14 11'57'51 E 209 48 feet; thence continuing along said easterly line 14 00'01'27" E 84.96 fed; thence leaving said madly line N 39'57'59' E 173.63 feet; thence 5 3831'57• E 31 94 feet to ■ point on the easterly line of said Section 36; thence 5 00'13'49' W along said easterly line 893 09 feet to the true point or beginning; said parcel containing 4019 ecru, more or test; subject to the following: t Those matters effecting title described in Exhibit "A"; and 2 The Restrictive Covenants dt cribed in Exhibit "B" as shown on Exhibit' 113•1" (and sec Exhibit "0.2"). TOCETII ER with all and singular the hemditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversion, remainder and remainders, rents, issues and profits thereof and all the estate, right, lido, intetet claim and demand whatsoever oldie grantnr(s), either I • law or equity, of. in and to the above bargained premises. with the hereditaments and appurtenances; TO HAVE AND TO ILOLD dm said premises above bargained and described with the appunertancra, unto the gransce(s), his heirs and assigns forever1 And the grantor, for himself, his heirs and personal representative; docs covenant, grant. bargain, and agree to and with the grantee, his heirs and assign, that at the lime of the ensealing and delivery of Ihvse presents. he is well seized of the premises above conveyed. has good. sure, perfect. absolute ars/ indefeasible estate of inheritance, in law; in fee simple, and has good right full power and lawful authority to grant, bargain, sell and convey the same in manner and forma aforesaid, and that the same are free and clear from alt former and aha grants, bargains, aales,licns. talcs, assessments, encumbrance' and restrictions of whatever kind or nature snever, except those title exceptions of record and a7 set out in this decd The grantor shall and will WARRANT AND FOREVER DEFEND the above-bmgained premises in the quid and peaceable posaesaton of the granter. his heirs and assstgru,agamst all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plata,'r. the plural dtc singular, and the use orally gender shall be applicable lo MI genders. IN WITNESS WIIEREOF, the grantor has executed this deed on the date set forth above i1 , Manager STATE OF COLORADO County of Pitkin LMK, LLC a C' • ado Li d L' ]i Company By: mug M' mon, Manager a/k/a t" J. McPherson The foregoing instrument was acknuwled$ cd before me this 18th day of April,2000, by I.Mk LLC a Colorado Ltmhted Ltabiltt Company by Doug McPherson, Manager a/k/a Douglas J. bkftter_sort and Gideon K ii®n Manager My commission expires *Ifni Denver. insert `City and.' &las .2003 Witness my and and official a al. 'i blic iM1.an+Ft1TJ. 1•SENS h f. t "c•f A No. 932A. Rev 7.04 WARRANTY DEED (Fur Photographic Retard) C 00CS.FtSTYt.MKLLh1K Warrant} fksi-r•h F EXHIBIT "A" TO WARRANTY DEED o nNim 0 N -- SCHEDULE B SECTION 2 !�• � • . en EXCEPT IONSA p= m ..... mi. • 113 lima The policy ar policies to be issued will contain exceptions to the foltowing unless the same are disposed of to a m' the satisfaction of the Company: o vi m , • m� 1 Rights ar claims of parties in possession not shown by the public records. m �� 2 Easements, or claims of easements, not shown by the public recordsJa SMEN 3 Discrepancies, conflicts in boundary lines, shortage In area, encroachments, any facts which a correct 3) --•=_.- survey and inspection of the premises would disclose and which are not shown by the public records. .'r. m 4 Any lien, o• right to a lien, for services, labor. or materia! heretofore or hereafter furnished, imposed by law rm- m.,m and not shown by the public records. C3 'SI MOM 5 Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the public 2 records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for va:ue the estate or interest or mortgage thereon covered by This Commitment. -c = 6 Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer o H service or for any other spacial taxing district. o`r o� 7. Right of the proprietor of a vein or lode to extract or remove his ore Therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded February 25, 1899 in Book 12 at Page 501 and on November 9, 1920 in Book 73 at Page 115. " 8. Right of way for ditches or canals constructed by the authority of the United Stales as reserved in United Stales Patent recorded February 25, 1899 in Book 12 at Page 501 and November 9, 1920 in Book 73 at Page 115 9 All the coal and other minerals in the lands so entered and patented, together witht he right to prospect for, mine, and remove the same pursuant la the provisions and limitations of the Act of December 29, 1916, as reserved in the United Stales Patent recorded May 22, 1940 in Book 194 at Page 619 (Lots 3 and 10. Section 26) 10. All interest in alt oil, gas and other m:nerals as reserved by Deed recorded May 26, 1952 in Book 264 at Page 300 and any and al, assignments thereof, or interests therein (Affects the SE1/45E1/4. Sec, 25, NE1/4NE1/4, Sec. 36, Tp 6 S, R88W, 6th P.M. Lot 1, Sec. 30 and Lot 1, Sec. 31, Tp 6 S. R87W, 6th P.M.) 11 Easement and right of way for the construction, re -construction, operation and maintenance of conducotrs and conduits as set forth in instrument recorded December 19, 1962 in Book 346 at Page 135 and instrument recorded January 24, 1963 In Book 346 at Page 532. 12. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded June 25, 1936 in Book 183 at Page 429. 13. Reserving all the coat and other minerals. together with the right to prospect for, mine and remove the same purusant to the provisions and limitations of the Act of December 29, 1916 as reserved by the United Stales of America in Deed recorded November 9, 1939 in Book 194 at Page 593 14. Easement and right of way for ditches as set forth In instrument recorded July 18. 1888 as Reception No. 7292. 15. Exceptions and Reservations as contained in the Patent recorded June 28, 1949 in Book 243 at Page 465 16. Easement and right of way as set forth in instrument recorded Jity 2G, 1962 in Book 343 at Page 261 (Continued) 1111111 11111 111111 11111 11111Ilil1I111111 IIl 11111 1111 1111 562229 04/19/2000 09:47A 01162 P947 A ALSDORF 3 of ti R 40.00 D 0.00 GARFIELD COUNTY CO SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 17 Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc , In instrument recorded April 10, 1986 in Book 686 at Page 427. 18 Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 14, 1987 in Book 720 at Page B24. 19 Exceptions and Reservations as conta'ned in the United States Patent, recorded September 14, 1987 in Book 720 at Page 824 20 Easement and right of way for an electric transmission or distribution line or system, as granted 10 Holy Cross Electric Association, Inc., in instrument recorded November 5, 1990 in Book 792 at Page 609. 21 Easement and right of way as shown an High Country Engineering, Inc's survey dated July 26, 1993 as File No 93637 01. 22 Easement as granted to Rocky Mountain Natural Gas Company in instrument recorded June 21, 1994 in Book 944 at Page 484. 1111111 11111 111111 Illi 11111111111111111 111 11111 Illi 1111 562229 04/19/2000 09:47A 01182 P948 M RLSDORF 4 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO Exhibit 13 to Warranty D_ Ed RESTRICTIVE COVENANTS he Subject Parcel is conveyed subject to the following perpetual Restrictive Covenants, to wit: I. Within the Building Envelope on the Subject Parcel, as depicted and described on the map attached hereto as Exhibit 13-1 and made a part hereof by this reference, the only permitted development shall be a guest house containing a maximum number of square feet permitted by Garfield County and will not in any case exceed (whether permitted by Garfield County or not) 2,500 square feet of -above grade residential floor area, an accesE driveway, and fencing and landscaping as appropriate. Said guest house must contain a two -car garage or larger, and must be of new construction and may not be prefabricated or manufactured and may not be moved onto the Subject Parcel from another location. No other stnictures or improvements of any kind shall be constructed, placed or allowed to remain within the Building Envelope, 2. Restricted Arca 111 on the Subject Parcel, Pasture for horses with a two horse limit, as depicted and described on attached Exhibit 13.1, shall forever remain undisturbed open space, and no disturbance or change in the natural state of the surface thereof shall be permitted, and no improvements of any kind shall ever be constructed, installed, placed or permitted to remain thereon, including without limitation structures, lighting, fences, walls, roads, driveways, antennae, satellite dishes, flag poles, tennis courts, pools, hot tubs, patios, landscaping, berms, other land forms, or above -ground utilities, A perimeter fence of this area will be allowed. 3. Restricted Area 112 on the Subject Parcel, Pasture for horses, as depicted and described on attached Exhibit B-1, shall forever remain open space, and no improvements of any kind shall ever be constructed, installed, placed or permitted to remain, including without limitation structures, lighting, fences, walls, antennae, satellite dishes, flag poles, tennis courts, pools, hot tubs, patios, landscaping, berms, other land forms, or above -ground utilities. A perimeter fence of this area and driveway to guess house will be allowed. 4. The owner from time to time of the Subject Parcel shall at all times keep and maintain in the Subject Parcel and all parts thereof and all improvements and landscaping in a neat and attractive condition and in a good state of repair. No motor vehicles of any kind shall ever be parked or stored or allowed to remain on the Subject Parcel, except in the guest house garage (if a guest house is in fact built on the Subject Parcel) or on the driveway serving said guest house. No mobile homes, and no equipment or materials, shall ever be placed or stored or allowed to remain on the Subject Parcel. All utility lines and facilities serving the guest house shall be underground. 5. These Restrictive Covenants shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, and shall be a perpetual burden on the Subject Parcel and adjoining Parcel 1 of Homestead Ranch 1111111111111111111111111111111111111111111111111111111 562229 04/19/2000 09:47A 81182 P949 M ALSDORF 5 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO Estates, and shall be for the benefit of the property described on Exhibit B-2 attached hereto and made a part hereof by this reference and all parts thereof, and shall be appurtenant to and run with the title to the lands burdened and benefitted thereby. 6. These Restrictive Covenants shall be enforceable by the owner or owners from time to time of all or any part of the lands described on attached Exhibit B-2, by proceedings at law or in equity, including without limitation a form of injunctive relief available under Colorado law (including specific performance), or an action for damages, or both. 7. In any action brought to interpret and/or enforce these Restrictive Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection therewith. 8. These Restrictive Covenants may only be amended by a writing signed by the owners from time to time of Parcel 1 and of Buck Point Ranch. If a homeowners association is someday formed to govern the affairs of lots or parcels at Buck Point Ranch, that association shall act for the owners of Buck Point Ranch in connection with the amendment of these Restrictive Covenants. r unci61/11,0war7OW 1.1666■,jl lea, ik- = S .. vI -aU mon r r - kai MEN m - W rlIR m k —__..6 cc .1., GI Q CB • m ABO — m IWITI $.11 g8 alma1 era _ \ - 're=' — v —ma of m N — N.. emeL O W — M ID 1111111 11111 111111 1111 111111111113111 111111111III! 562229 04/19/2000 09:47A 61182 P9'S1 11 ALSDORF 7 of 8 R 40.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B 2 PROPERTY DESCRIPTION A PARCEL OF LAND BEING THE E1/2NE1/4, LOT 3 AND LOT 10 OF SECTION 26, ALL OF SECTION 25 EXCEPT THE NE1/4NE1/4 AND LOT 1, THE NE1/4NE1/4 AND A PORTION OF THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND LOT 1, 3, 4, 5, 6 AND THE SE1/4NW1/4 OF SECTION 30 AND LOT 1, LOT 7 AND A PORTION OF LOT 2 AND THE SE1/4WW1/4 OF SECTION 31, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, A 1924 GLO BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE N 89°52'41" W ALONG THE SOUTHERLY LINE OF SAID SECTION 26 1321.18 FEET TO THE EAST 1/16TH CORNER DF SAID SECTION 26; THENCE N 00°00'04" W ALONG THE WESTERLY LINE OF THE E1/2SE1/4 OF SAID SECTION 26 2639.08 FEET TO THE EAST -CENTER 1/16TH CORNER OF SAID SECTION 26; THENCE N 00°01'24" W ALONG THE WESTERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 26 2640.53 FEET TO THE EAST 1/6TH CORNER OF SECTION 23 AND SECTION 26; THENCE N 89°53'39" E ALONG THE NORTHERLY LINE OF SAID SECTION 26 1313.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 89°59'44" E ALONG THE NORTHERLY LINE OF SAID SECTION 25 2649.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID NORTHERLY LINE S 89°58'22" E 1319.65 FEET TO THE EAST 1/16TH CORNER OF SECTION 24 AND SECTION 25; THENCE S 00°04'46" E ALONG THE EASTERLY LINE OF THE NW1/4NE1/4 OF SAID SECTION 25 1322.95 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 25; THENCE S 89°55'33" E ALONG THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 25 1319.07 FEET TO THE NORTH 1/16TH CORNER OF SECTION 25 AND SECTION 30; THENCE N 89°59'19" E ALONG THE NORTHERLY LINE OF THE S1/2NW1/4 OF SAID SECTION 30 2673.99 FEET TO THE NORTH -CENTER 1/16TH CORNER OF SAID SECTION 30; THENCE 5 0D°07'00" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 30 1325.64 FEET TO THE CENTER OF SECTION 30; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINE S 00°07'00" E 2616.22 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 30, A STONE IN PLACE; THENCE S 00°22'10" W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 31 2279.33 FEET TO A #4 REBAR IN PLACE; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE S 89°57'59" W 2670.35 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 31 (WHENCE A REBAR AND CAP L.S. #3317 BEARS N 89°57'59" E 1.53 FEET); THENCE N 00°13'49" E ALONG THE WESTERLY LINE OF SAID SECTION 31 512.75 FEET; 'THENCE LEAVING THE WESTERLY LINE OF SAID SECTION 31 N 38'31'57" W 31.94 FEET; THENCE N 89'58'33" W 173.63 FEET; TO A POINT ON THE EASTERLY LINE OF PARCEL 1, HOMESTEAD ESTATES; THENCE N 00°01'27" E 416.14 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE N 89°51'51" W ALONG THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36 1111.17 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 36; THENCE 1 1111 I i 0111 11111111111 HIP 1111111111111 I1 R 1111 582229 04/19/2000 09:47R B1182 P932 H RLSDORF 8 of 8 R 40.00 D 0.00 GRRFIELD COUNTY CO PAGE NO. 2 BUCK POINT RANCH N 00°46'07" E ALONG THE WESTERLY LINE OF SAID NE1/4NE1/4 1329.94 FEET TO THE EAST 1/16TH CORNER OF SAID SECTION 25; THENCE S 89°54'48" W ALONG THE SOUTHERLY LINE OF SAID SECTION 25 1293.79 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°25'29" W 49.51 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°59'30" W 1324.98 FEET TO THE WEST 1/16TH CORNER OF SAID SECTION 25, A 05 REBAR IN PLACE; THENCE LEAVING SAID SOUTHERLY LINE N 00°05'54" W ALONG THE WESTERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 25 1306.20 FEET TO THE SOUTHWEST 1/16TH CORNER OF SAID SECTION 25, A REBAR AND CAP L.S. 419598 IN PLACE; THENCE S 89°49'56" W ALONG THE SOUTHERLY LINE OF THE NW1/4SW1/4 OF SAID SECTION 25 1324.83 FEET TO THE SOUTH 1/16TH CORNER OF SAID SECTION 25 AND SECTION 26, A REBAR AND CAP L.S. 49018 IN PLACE; THENCE S 00°05'30" E ALONG THE WESTERLY LINE OF SAID SECTION 25 1323.25 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 1,142.276 ACRES, MORE OR LESS. \\Kalli\k°11i\DOCS\}[SD\LHK11142 DCF.N 'pd TN1 eDUKTY Tru INC 601 E. HOPKINS AVL ASPEN, CO 815.11 1111111 Hill Hi1111I1111111111111111111 III 11111 1111 1111 603032 05/08/2002 03:49P 91353 P476 !1 ALSDORF 1 of 1 R 3.00 D 0.00 GRRFIELD COUNTY CO TO. Page Spracher, Property Owner FROM, Victoria Giannola, Planning Consultant RE Boundary Line Adjustment DATE: March 2002 A Boundary Line Adjustment on the property of Parcel 1, of Homestead Estates, was recorded on 7 March 2002 in the Clerk and Recorders of GarfieldT, County, Colorado, to transfer 4.058 acres from Parcel 1 to Parcel C, of High i�lo "7(31 Aspen Ranch Exemption Plat, to create a total acreage of 7.677 for Parcel C. csr, ne 'NYS VICTORIA GLANNOLA 0285 CRYSTAL CIRCLE ESTATES CARBONDALE CO 81623 (970) 963-8297 PHONE (970) 704-0305 FAX Rei . p- C. b U tp V Z 1111111 11111 1111111I11I 11111111111111111111111111111111 606582 07/05/2002 02:02P 81367 P822 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO TO: Page Spracher, Property Owner FROM: Victoria Giannola, Planning Consultant RE: Boundary Line Adjustment DATE: June 2002 A Boundary Line Adjustment on the property of Parcel 1, of Homestead Estates, was recorded on 7 March 2002 in the Clerk and Recorders of Garfield County, Colorado, to transfer 4.058 acres from Parcel 1 to Parcel C, of High Aspen Ranch Exemption Plat, to create a total acreage of 7.677 for Parcel C(1ee Es 0o7LuA •2„� Additionally, 0.400 acres was transferred from Parcel C, of High Aspen Ranch Exemption Plat, to Parcel 1, of Homestead Estates to create a total acreage of 31.384 for Parcel 1. VICTORIA GIANNOLA 0285 CRYSTAL CIRCLE ESTATES CARBONDALE CO 81623 (970) 963-8297 PHONE (970) 704-0305 FAX +li✓C�7 E�.�•.� vG 1 1111111111111111111111111111011111111 111 1111111111111 606382 07/05/2002 02:02P 61367 P823 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO £X1 -,N\ "A:2." PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SEI/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SECTION 36 A STONE IN PLACE, THENCE N 89°40'21" W ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 A DISTANCE OF 130.31 FEET TO A REBAR AND CAP LS 419598, THE POINT OF BEGINNING; THENCE CONTINUING N 89°40'21" W ALONG THE SOUTH LINE OF SAID SEI/4NE1/4 A DISTANCE OF 378.90 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ACCESS EASEMENT; THENCE LEAVING SAID SOUTH LINE AND ALONG THE CENTERLINE OF SAID 60.00 FOOT ACCESS EASEMENT THE FOLLOWING EIGHT (8) COURSES; 1. N 04056147" W 90.01 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 235.70 FEET AND A CENTRAL ANGLE OF 29°38'55", A DISTANCE OF 121.97 FEET (CHORD BEARS N 09°52'41" E I20.61 FEET) 3. N 24°42'08" E 64.00 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 887.36 FEET AND A CENTRAL ANGLE OF 07°03'38", A DISTANCE OF 109.35 FEET (CHORD BEARS N 2190'19" E 109.28 FEET) 5. N 17°38'30" E 99.83 FEET 6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 846.25 FEET AND A CENTRAL ANGLE OF 18°33'58", A DISTANCE OF 274.22 FEET (CHORD BEARS N 26°55'29" E 273.02 FEET) 7. N 36°12'27' E 47.89 FEET 8. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 186.19 FEET AND A CENTRAL ANGLE OF 27°44'55", A DISTANCE OF 90.17 FEET (CHORD BEARS N 22°20'00" E 89.29 FEET); THENCE LEAVING SAID CENTERLINE S 81°3T28" E 23.14 FEET; THENCE S 11 °57'51" W A DISTANCE OF 204.21 FEET TO A REBAR AND CAP LS #19598; THENCE S 09°19'56" E A DISTANCE OF 635.75 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAIN • 4.058 ACRES, MORE OR LESS. 15 1 7 13424e Avenue, Ste. Glenwood Springs, CO 81601 phone 970 943.876 • f.r 970 945-2555 14 Inverness Drive East. Ste D-136 Englewood. CO 80112 pi orae 303 925.0544 • for 303 925 0547 GrandJunc,inn, CO 80501 phone 970 858-0933 • far 970 838 0275 774181 08/31/2009 10 43 32 AM Page 1 of 2 Jean Albcrico, Garfield County, Colorado Rec Fee: $11 00 Doc Fee $0 00 eRecorded ID 1 1111 1111 111111 1111111 11111 111 QUIT CLAIM DEED THIS DEED, Made This day of AUGUST 33., 2009 , between GRANDE RONDE RIVER, LLC A COLORADO LIMITED LIABILITY COMPANY Grantor, fur Ilse consideration 0f •••TVS DOLLARS AND OTIIF:R GOOD AND %'At,UAIILE CONS'DF:RATIOI? in hand paid, hereby sells and quitclaims 10 W. PAGE SPRACRRER Grantee, whose street address is P.O. BOX 7904, ASPEN, CO 81612 City of cwojCu.E , County of GARFIELD , Stale of COLORADO , the following real property in the County of GARFIELD , and Stale or Colorado, to wit: SEE ATTACHED LEGAL EXHIBIT "A' also known as street and number 341 HOMESTEAD ROAD, CARBONDALE, CD 81623 TOGETHER with all its appurtenances. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. W PAGE SPRACHER, MANAGING MEMBER Slate ar COLORADO ) )ss. County or CARPIELD ) The foregoing instrument was acknowledged before me this day of ATtr,ILST 'i3 , 200( by W. PAGE SPRACEER, MANAGING MEMBER 0P GRANDE RONDE RIVER, LLC, A COLORADO LIMITED LIABILITY COMPANY ilroatesi my hand and official seal. My commission expires BARBARA A. WALLACE NOTARY PUBLIC STATE OF COLORADO My Commission Exp.. Jan 71 2011 When recorded return to: W. PAGE SPRACHER P.O. BOX 7904, ASPEN, CO 82612 Form 38 01/14/03 003 butt CLAIM DEED C1363004613 GTF63004613 (8479015) 774181 08/31/2009 10 43 32 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee. $11 00 Doc Fee $0 00 eRecorded EXHIBIT A A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OP SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL. MERIDIAN, COUNTY OP GARFIELD, STATE OP COLORADO, SAID PARCEL BEING HIRE PARTICULARLY DESCRIBED AS FOLLOWS: COi'A4ENCING AT THE E1/4 CORNER OP SECTION 36 A STONE IN PLACE, THENCE N 89 DEGREES 40'21" W ALONG THE SOUTH LINE OF SAID SE1/4NL1/4 A DISTANCE OP 509.21 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ACCESS EASEMENT) THE POINT OP BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE OP SE1/4NE1/4 ALSO BEING THE SOUTHERN BOUNDARY OF PARCEL 1, 08 HOMESTEAD ESTATES N 69 DEGREES 40'21" W A DISTANCE OF 859.55 FEET TO THE CENTER EAST 1/16 CORNER SECTION 36: THENCE ALONG THE WEST LINE OF SAID SE1/4NE1/4 ALSO BEING THE WESTERN BOUNDARY OP SAID PARCEL 1, N 02 DEGREES 55'16" E A DISTANCE OP 1330.65 FEET TO THE NE1/16 SECTION 36 ALSO BEING THE NORTHWEST CORNER OP SAID PARCEL 1; THENCE ALONG THE NORTH LINE OF SAID SE1/4NE1/4 ALSO BEING THE NORTHERN BOUNDARY OF SAID PARCEL 1, S 89 DEGREES 51'51" £ A DISTANCE OP 1111.17 FEET: THENCE LEAVING SAID NORTH LINE OP SE1/4NE1/4 S 00 DEGREES 01'27" W A DISTANCE OF 416.14 FEET TO A POINT ON THE NORTH LINE OF SAID 60.00 FOOT WIDE ACCESS EASEMENT: THENCE N 89 DEGREES 57'59" 2 A DISTANCE OF 173.63 FEET; THENCE S 38 DEGREES 31'57" E A DISTANCE OF 31.94 FEET TO A POINT ON THE EAST LINE OF SECTION 36: THENCE ALONG SAID EAST LINE S 00 DEGREES 13'49" W 66.99 PEET; THENCE LEAVING SAID EAST LINE N 89 DEGREES 46'20" W A DISTANCE OF 187.59 FEE? TO A POINT ON THE EASTERLY LINE OF SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE N 81 DEGREES 32'28" W A DISTANCE OP 30.00 PEET TO A POINT ON THE CENTERLINE OP SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE ALONG THE CENTERLINE OF SAID ACCESS EASEMENT THE FOLLOWING EIGHT (B) COURSES: 1. ALONG THE ARC OF A CURVE TO THE RICHT HAVING A RADIUS OF 186.19 PEET AND A CENTRAL ANGLE OP 27 DEGREES 44'55", A DISTANCE OP 90.17 PEET (CHORD !EARS 5 22 DEGREES 20'00" W 89.29 FEET) 2. S 36 DEGREES 12'27" W 47.89 PEET 3. ALONG THE ARC OP A CURVE TO THE =PT HAVING A RADIUS OF 846.25 FEET AND A CENTRAL ANGLE of 18 DEGREES 33'58", A DISTANCE OF 274.22 PEET (CHORD SEARS S 26 DEGREES 55'29" W 273.02 FEET) 4. S 17 DEGREES 38'30" W 99.83 PEET 5. ALONG THE ARC OP A CURVE TO THE RIGHT HAVING A RADIUS OF 887.36 FEET AND A CENTRAL ANGLE OF 07 DEGREES 03'36", A DISTANCE OP 109.35 FEET (CHORD BEARS S 21 DEGREES 10'19" W 109.28 PEET) 6. $ 24 DEGREES 42'08" W 64.00 FEET 7. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 235.70 PEET AND A CENTRAL ANGLE OF 29 DEGREES 38'55", A DISTANCE OP 121.97 PEET (CHORD BEARS S 09 DEGREES S2'41" W 120.61 FEET) 8. 5 04 DEGREES 56'47" E 90.01 PEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OP COLORADO GTF63004613 Forms 426, 430 EXHIBI:A1 D1!1?,•:3 JAN -15 2002 02:09P FROM:2LDGPLANGARCO 9703843470 TO:9P9205590 1111111 11111 111111 11111 111111111111111111 11111111111 606582 07/03/2002 02:02P 81367 P819 M ALSDORF 1 of 3 R 25.00 D 0.00 GARFIELD COUNTY CO AFFIDAVIT RE: BOUNDARY LINE ADNST11r1ENT the undersigned affiants being first sworn upon thereof depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits. other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this 2Pliffi day ofiv Z.00a. • P:3 4 0-7 gci de, RN -Q.( LLc S ) NOTE: The full legal name of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing document was subscribed and swo,{n State of Colorado this 1.13 day of JaNe. ,W959.by f Commission Expires: C.47/0-3 to before me in the County of Garfield, G E Si/ /Ade&and Notary Public SS E h÷.-) 64...± C L Address A- -P . C -c) 116/ I Fiporn Sos\ q'' { 2 e. Corp rattcx. pc {cx %y A-RerN CL gtcotZ 111111111111111111111111111111111111111 III 1111111111111 608582 07/05/2002 02:02P 81367 P820 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Exhibit A A Boundary Line Adjustment for Parcel C, High Aspen Ranch Exemption Plat and Boundary Line Adjustment, as shown on the plat recorded as Reception No. 578833 in the records of the Clerk and Recorder, Garfield County. The land to be conveyed from Parcel C being more particularly described as set forth on Exhibit "A.lattached hereto and made a part thereof Said land is to be merged with a tract of land presently identified as Parcel 1; said parcel of land being a part of Homestead Estates, Reception No. 270401 in the records of the Clerk and Recorder, Garfield County. 1 111111 11111 111111 11111 11111 111111 11111 III 11111 1111 1111 ��ah 3o682 0733.0200200.20GPRF137 g51114 2s"" ___.Q lGyiE' ,Fii.6 Ex ht br-E A .1 PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SEI/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36, A STONE IN PLACE; THENCE N 00°13'49" E ALONG THE EASTERLY LINE OF SAID SECTION 826.10 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 89°46'20" W 187.59 FEET; THENCE N 81°32'28" W 6.86 FEET; THENCE N 11°57'51" E 5.27 FEET; THENCE N 00°01'27" E 84.96 FEET; THENCE N 89°57'59" E 173.63 FEET; THENCE S 38°31'57" E 31.94 FEET TO A POINT ON SAID EASTERLY LINE; THENCE 5 00°13'49" W ALONG SAID EASTERLY LINE 66.99 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 0.400 ACRES, MORE OR LESS. 1517 Bloke Avenue. Ste. 101 Glenwood Springs. CO 81601 phone 970 945-8676 • fax 970 945.2555 14 Inverness Drive East. Ste. D-136 Englewood, CO 80112 phone 303 925-0544 • fm 303 925-0547 Grand Junction. CO 80501 phone 970 858-0933 • fax 970 858-0275