HomeMy WebLinkAbout08.0 Section 7 Access and RoadsSECTION 7
Access and Roadways 7-107
Legal Access
7-107 (see Section 4, Section7 Div 1-3)
411
Book 359
Page 5718
Recorded44:32 _•docx. P m, July 30, 1964.
Reception No..226479 Chas. S. Keegan Re,,,„,,,_
nus JJEED, Madetbis 27th clayof-cTttly
in the year a our Lord one thousand nine hundred and sixty-four
'between
JAMES V. MINOR, JR.
-of the County of and State
of Colorado, of the first part, and GEORGE J. PETRE and
ROBERT S. ZIMMERMAN, doing business
as GLENWOOD INVESTMENT CO.
of the
County of Garfield and State of Colorado, of the second part:
WITNESSETI[, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOAD AND VALUABLE CONSIDERATION RilkUVWx
to the said part y of the first part in hand paid by the said part ies of the second part, the receipt
whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and convoyed, end by those
presents do es grant, bargain, sell, convey and confirm, unto the said parties of the second part, their
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to wit:
A tract of land situate in the SE 1/4 SW 1/4 of Section
34, Township 5 South, Range 89 West of the Sixth P. M. and described
as: Beginning at a point on the northerly line of said SE 1/4 SW
1/4 a distance of 150 feet easterly of the Northwest corner of said
SE 1/4•SW 1/4 thence easterly along the northerly line of said
SE 1/4 SW 1/4 a distance of 150 feet; thence South 0°10' East and
parallel to the westerly line of said SE 114 SW 1/4 a distance of
1048.94 feet; thence South 67°05' West a distance of 37.07 feet;
thence South 55°23' West a distance of 45.75 feet; thence South
71°42' West a distance of 49.72 feet; thence South 54°08' West a
distance of 37.98 feet and thence North 0°10' West and parallel to
the westerly boundary of said SE 1/4 SW 1/4 a distance of 1126.66
feet to the point of beginning.
This conveyance is subject to the restrictions set out in
that certain deed recorded as Doc. No. 210934, in Book 329 at Page
558 of the records in the office of the Clerk and Recorder of
Garfield County, Colorado.
Reserving to the grantor an easement or right of way for
road purposes thirty feet in width across the above described
property as the same is now situate and in use, being a continu-
ation of the street as platted in the Western Hills Subdivision
between Lots 1 and 10 in Block 10 of said Subdivision. Said reser-
vation is also made for uti3_ities.
LEGAL ACCESS
Description of
original legal access
Reserving to the grantor an easement or right of way for
road Purposes thirty feet in width across the above described
property as the same is now situate and in use, being a continu-
ation of the street as platted in the Western Hills Subdivision
between Lots 1 and 10 in Block 10 of said Subdivision. Said reser-
vation is also made for utilities.
'rOGETuER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whataoever of the said part y of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. •153. WARRANTY
DECO-6'er Ph,i i..p1, r ard. Drcd!ord-Iiobfrtwn P[{etler Cemy.ny, 1B24.16 atwt Sure. Domer, Ca]onda
861 077 04/03/2015 09:43:39 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $0.00 eRecorded
LEGAL ACCESS
See page 2 of this deed
SPECIAL WARRANTY DEED
THIS DEED is dated the ✓`� day of April, 2015, and Is made between
(whether one, or more than one),
Mike Kluth
the "Grantor" of the County of Garfield and State of Colorado and
Western Slope Welding, LLC, a Colorado limited (lability company
(whether one, or more than one). the 'Grantee". whose legal address is 0388 Mountain Shadow Drive, Glenwood
Springs, CO 81601 of the County of Garfield and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Ten dollars and other good and valuable
consideration ( $10.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property. together with any
improvements thereon, located in the County of Garfield and State of Colorado described as follows:
See Exhibit "A" attached hereto and made a part hereof
also known by street address as: TBD Mountain Shadow Drive, Glenwood Springs, CO 81601
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee, and the Grantee's heirs and assigns forever, The Grantor. for the Grantor and the Grantor's heirs and assigns, does
covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described
premises. bul not any adjoining vacated street or alley, if any, In the quiet and peaceable possession of the Grantee and the
heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through,
or under the Grantor except and subject to:
2015 taxes and all subsequent years, restrictions, reservations, covenants, easements and rights-of-way of
record, if any.
IN WITNESS WHEREOF, the Grantor has executed thls deed on the date set forth above.
Mik Kluth
State of Colorado
County of Garfield
The foregoing instrument was acknowledged before me this +/, day of April, 2015 by Mike Kluth.
NEVADA R. HUNTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144041060
MY CORRASSICIPI EXPIRES OCTOBER 22, 2019
Witness my hand land official seal.
Notary Public Nevada Hunter
My commission expires: toll -k.118'
4
861 077 04/03/2015 09:43:39 AM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $0.00 eRecorded
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL ACCESS
A tract of land situated in the SE1/4SW1/4. Section 34, Township 5 South, Range 89 West of the 6th P.M.
described as beginning at a point whence the witness corner for the South Quarter corner of said Section 34
bears S. 65°15'46" East a distance of 1,118.085 feet;
thence S. 0°06' East parallel to the West line of said SE1/4SW1/4 a distance of 225.39 feet;
thence S. 65°05' West a distance of 37.07 feet;
thence S. 55°23' W. a distance of 45.75 feet;
thence S. 71°42' West a distance of 49.72 feet;
thence S. 54°08' West a distance of 37.98 feet;
thence N. 0°06' West parallel to the West line of said SE1/4SW1/4 a distance of 265.91 feet;
thence N. 77°35' East a distance of 130.89 feet;
thence N. 66°24' East a distance of 24.03 feet to the point of beginning.
TOGETHER with an Easement or Right of Way for roadway purposes over and across a tract of land being 30
feet in width and being that amount South of the above described tract of land which Easement or Right of Way is
described as follows: T
Beginning at a point whence the witness corner of the South Quarter corner of Section 34, Township 5 South,
Range 89 West of the Sixth Principal Meridian bears S. 65015'46" East 1,118.085 feet;
thence S. 66°24' West 24.03 feet;
thence S. 77°35' West, a distance of 130.89 feet;
thence N. 0°06' West, a distance of 30.71 feet;
thence N. 77035' East, a distance of 121.40 feet
thence N. 66°24' East, a distance of 34.14 feet
thence S. 0°06' East, a distance of 32.71 feet to a point of beginning.
County of Garfield, State of Colorado
This is the legal description
for access on the latest deed
of record.
The word "South" is inaccurate. See Section 3 - Road
Waiver for a comprehensive description of legal access.
Karp.NewHAa4nIYonw
Michael J. Sawyer
mjs@mountainlawfirm.com
June 14, 2017
Sander N. Karp*
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Jeffrey J. Conklin
Andrew A. Mueller
* Fellow of the College of
Labor and Employment
Lawyers
David Pesnichak
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Sent Via Email: dpesnichak@garfield-county.com
Matthew L. Trinidad
Patrick L. Barker
Jon T. Hoistad
Delphine F. Janey
Of Counsel
Richard I. Zuber**
Anna S. Itenberg
Greg S. Russi
** Fellow of the American
Academy of Matrimonial Lawyers
Re: Minor Subdivision — Mountain Shadow Place
Garfield County File No. MISA-05-17-8547
Dear Dave:
Glenwood Springs Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen Office***
323 W. Main Street, Suite 301
Aspen, CO 81611
Montrose Office ***
1544 Oxbow Drive, Suite 224
Montrose, CO 81402
Telephone: (970) 945-2261
Facsimile: (970) 945-7336
www.mountainlawfirm.com
***All correspondence should be sent to the
Glenwood Springs office
I represent David Rasmussen with regard to the above referenced subdivision. David has provided
to the county a statement of authority related to Parcel No. 2119-343-00-006 (the Western Slope Welding
Property). David has provided me your letter dated May 23, 2017. I have been asked to provide an
opinion as to the state of legal access to the property in question.
In February 1956, James V. Minor, Sr. and James V. Minor, Jr. were conveyed the SE1/4SW1/4
and SW1/4SE1/4 of Section 34, Township 5 South, Range 89 West. (Exhibit 1). This area is
approximately depicted on an aerial photo attached as Exhibit 2. Shortly thereafter, an interest in the
SW1/4SE1/4 and SE1/4SW1/4 was granted to Paul Engelbrecht. (Exhibit 3). In 1958, the Western Hills
Subdivision was platted out of most of the lands in the SW1/4SE1/4 and SE1/4SW1/4. The plat dedicated
to "the public" the streets within the subdivision. (Exhibit 4). This included Mountain Shadow Drive
(County Road 133B) which ended at a cul-de-sac contiguous with the western boundary of the
subdivision.
The western boundary of the Western Hills Subdivision terminates just over 300 feet from the
western line of the SW1/4SE1/4. The remaining 307 feet of this quarter section was conveyed in 150 foot
segments between Minor Sr., Minor Jr., Paul Engelbrecht and a couple of other parties. Exhibit 5
identifies the two 150 foot wide parcels — one outlined in green the other in pink (for ease referred to as
the Green Parcel and the Pink Parcel). Because the legal descriptions for the Green Parcel and the Pink
Parcel start at western corner points of the SE1/4SW1/4 and then traverse in 150 foot increments to the
east, there remains a 6.94 foot gap between the eastern boundary of the Pink Parcel and the western
boundary of the Western Hills Subdivision.
Karp_Neu_HanlYonL
Minor Subdivision — Mountain Shadow Place
Garfield County File No. MISA-05-17-8547
Page 2
The Green Parcel was conveyed to Minor Jr. in 1958. (Exhibit 6). The bulk of the Pink Parcel
was conveyed to Minor Jr. in 1961 (Exhibit 7). As of 1961, Minor Jr. owned all of the Pink Parcel except
the area encompassed by Garfield County PIN Nos. 2119-343-00-007, 2119-343-00-008, and 2119-343-
00-009. In 1964, Minor Jr. sold all of his ownership in the Pink Parcel to George Petre and Robert
Zimmerman (Exhibit 8). In the deed conveying the Pink Parcel to Petre and Zimmerman, Minor Jr.
reserved to himself "an easement or right of way for road purposes thirty feet in width across the above
described property as the same is now situate and in use, being a continuation of the street platted in the
Western Hills Subdivision between Lots 1 and 10 in Block 10 of said subdivision. Said reservation is also
made for utilities." This easement thus became appurtenant to the property still owned by Minor Jr. — the
Green Parcel.
In 1967, James Minor Jr. sold a portion of the Green Parcel to Von -Lee, Ltd. (Exhibit 9). This
property was conveyed "together with that certain easement or right-of-way for road purposes and utilities
reserved by the said party of the first part in that certain warranty deed recorded as Document No. 226479"
(the deed from James Minor Jr. to Petre and Zimmerman). At the time of conveyance of this easement to
Von -Lee, Minor Jr. had the ability to grant an easement all of the way to the termination of Mountain
Shadow Drive within the Western Hill Subdivision (as stated in the easement's description). This is
because in 1967 Minor Jr. still owned a 50% interest in the gap between the Pink Parcel and the western
boundary of the Western Hills subdivision. (See Exhibit 1).
The Von -Lee property was later subdivided into Chalet -Village No. 1 and Chalet -Village No. 2.
On both plats, the owner dedicated "to the public use that certain easement or right-of-way for road
purposes and utilities reserved and described in warranty deed filed for record as Document No. 226479."
Thus, as of 1967 the extension of Mountain Shadow Drive (which abuts the Western Slope Welding
Property) was a public easement for roadway and utility purposes.
As noted above, Minor Jr. conveyed to Petre and Zimmerman the bulk of the Pink Parcel
(including the Western Slope Welding Property). Petre and Zimmerman sold what is today the Western
Slope Welding Property to Como Inc. in 1979. In the deed conveying the property, Petre and Zimmerman
included "an easement or right-of-way for roadway purposes over and across a tract of land being 30 feet
in width ..." across the property that they owned to the north. (Exhibit 11). The meets and bounds
description of the easement created to serve the Western Slope Welding Property is depicted as Mountain
Shadow Drive on the draft Final Plat for the Mountain Shadow Subdivision. (Exhibit 12). This is the
same easement as was reserved by Minor Jr. and later dedicated to the public on the Chalet -Village plats.
This easement was included in the deed conveying the property to Western Slope Welding. (Exhibit 13).
Based on this information, we answer your questions in the May 23 letter related to access as
follows:
1. The submitted information includes an access easement just north of the subject parcel. According to
the graphic depiction of this easement on the draft Final Plat, this easement appears to end at the
eastern edge of the property and does not extend all the way to Mountain Shadows Drive. As a result,
there appears to be a gap in legal access from Mountain Shadows Drive to the easement that would
provide legal access to the property. Please provide an explanation of this gap and how legal access
will be achieved to the development.
Karp_Neu_HanloII
Minor Subdivision — Mountain Shadow Place
Garfield County File No. MISA-05-17-8547
Page 3
The Western Slope Welding Property has access to the western boundary of the Western Hills
Subdivision. Rights in the easement for the extension of Mountain Shadow Drive for the benefit
of the Western Slope Welding Property were created in the deed from Petre and Zimmerman to
Como (who owned the bulk of the Pink Parcel at the time of the conveyance). Further, Minor Jr.
conveyed an easement to Von -Lee extending from the western boundary of the Western Hills
Subdivision all the way to the Green Parcel for the extension of Mountain Shadow Drive. This
easement was then dedicated to the public by two separate plats. By virtue of the express
conveyance of an easement to use the extension of Mountain Shadow Drive in the Petre and
Zimmerman deed and the dedication of that same easement to the public, the Western Slope
Welding Property has a legal right of access to connect with the Mountain Shadow Drive county
road at the western boundary of the Western Hills Subdivision.
2. According to the County Attorney's Office, the legal access provided in Book 359 Page 578 is from
James Minor to Robert Zimmerman. Minor reserved an easement as grantor. As such, this appears to be
a personal easement to Minor and it is not attached to a property. Please provide proof of a right to use
this easement. A letter from an attorney analyzing the applicant's right to use the road is preferable.
Also, should the access easement cross the "gap" property where ownership is unknown, then please
provide proof that it has a right to cross this "gap" property.
As discussed in response No. 1, the easement for the extension of Mountain Shadow Drive is not
personal to Minor, but has been expressly dedicated for use of the Western Slope Welding
Property as well as dedicated for use by the public in general. Because Minor Jr. owned the
property constituting "the gap" at the time that he conveyed the easement to Von -Lee, which
easement was later dedicated to the public, Minor Jr. had the legal capacity to create an easement
for "a continuation of the street platted in the Western Hills Subdivision between Lots 1 and 10"
which is Mountain Shadow Drive. Thus, the easement is not affected by the title gap between the
Pink Parcel and the western boundary of the Western Hills Subdivision.
If you have any questions, I would be happy to discuss with you and Kelly Cave in person.
Sincerely,
KARP HAN LQN, P.C.
Michael J. Sawyer
MJS:
Enclosures
cc: client
Recorded at ../:r!? o'clo k_.
Reception No
7405
M.,
AUG 19 1916
THIS DEED, Made this 13th ' day of August 1976
between
WESTERN HILLS, INC.
a corporation duly organized
and existing under and by virtue of the laws of the State of Colorado
of the first part, and
STANLEY W. JENNINGS, JEPTHAH J. SPINK and
JAMES DAVIDONST CE, tenants irid common
the e County of ciar ie
and State -of Colorado, of the second part:
WITNESSETH: That the said party of the first part, for and in con-
sideration of the sum Ten ($10.00)
FAGE923
ecorder.
FILING STAMP
AUG 19 1976
STATE SOCU E1 TARY FEE
5
w.•wJ•w•..w..ws..wa�,
DOLLARS,
to it in hand paid by the said parties of the second part; the receipt whereof is hereby confessed and acknowledged,
has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto
the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, 'situate, lying
and being in the County of Garfield and State of Colorado, to wit.
Lot 10, Block 1 of Western Hills Subdivision, County of Gar-
field, State of Colorado, subject to the following described
road easement.
Beginning at a point on the Westerly line of said Lot 10
whence the Witness Point to the South Quarter Corner of Sec-
tion 34, Township 5 South, Range 89 West of the Sixth Prin-
cipal Meridian bears: S.65°12'25" E. 1110.87 feet; thence
N.00°10'00" W. 34.72 feet along the Westerly line of said
Lot 10; thence N.50°36'00" E. 11.58 feet to a point on the
Southwesterly right-of-way line of a cul-de-sac at the end of
Mtn. Shadows Drive in said Subdivision; thence 31.47 feet
along the arc of a curve to the left, having a radius of
50.00 feet, said curve running along the Southwesterly right-
of-way line of said cul-de-sac; thence S.50°36'00" W. 29.94
feet; thence S.66°24'00" W. 11.50 feet, more or less to a
point�ocon the Westerly line of said Lot 10, the point of be
`TUGLri with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate,. right, title, interest, claim and remand whatsoever of the said party of the first part, either in law or
equity of, in and to tate above bargain premises, with the hereditaments and appurtenances.
'1'O HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for-
ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and
agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns
of such survivor, that at the time of the ensealing and delivery of these presents, it is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and 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 form
aforesaid, and that the same are free and clear from all former and otherrants, bargains, sales, liens, taxes, as-
sessments and encumbrances of whatever kind or nature soever., subject to United States Patent
reservations and exceptions; protective covenants from Western Hills Subdivision
recorded as Document No. 203827; Water Service Agreement with the City of
Glenwood Springs, Recorded as Document No. 202896; easements and right-of-way
of record and restrictions of record,
and the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto sub-
scribed by its
Attest:
C.:1
President and its corporate seal to be hereunto affixed, attested by its.
Secretary, the day and year first above written.
STATE OF COLORADO,
- Secretary
ss.
County of G.arfi.e.1d......._....
• The +foregoing instrument was acknowledged before me this
-. 19 ;7(,,b' • JAMES V. MINOR, JR- ,
• pb)Illi. A ./r„✓or
a - WESTERN HILLS, INC. My Commissi
hly notarial commission e
Witness m,
By
J
WESTERN HILLS, INC., a Colorado
:..onEmtion
L <!'t j
V Minor., Jr.,
i
President
day of �f/U
as-;Ptidenf' and
as Ar,i lit -^Secretary of,
a corporation.
expires May 10, 198Q
nd official s
N.q,ary-Pul,tic
•
No. 929. WARRANTY DEED.—Prom Corporation to Joint Tenant..—Bradford Publishing Co., 1821-46 Stout Street, Denver, Colorado —12-7d
B ook 291
Page 372
Exhibit 1
Feb 17 5b
Recorded at 2 115 o'clock P M., _
Reception No 1 93 3 0
2 Qa s . S . Ke ear? .... ....Recorder.
THIS DEED,
Made this 14th day of February
in the year of our Lord one thousand nine hundred and fifty-six.
between
CHESTER T. EARNEST., and GLADYS EARNEST
of the
County ofGarfield and State of Colorado, of the Brat part, and
JAMES V. MINOR and JAMES V. MINOR, JR.
of the County of Garfield
State of Colorado, of the second part:
and
,
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
Tenand no/100 Dollars and other valuable considerations RQULAIR4X
to the said part ies of the first part in hand paid by the said part ies 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 said part ies of the second part, their
heirs and assigns forever, all the following described lot S or parcel s of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
The SE3SW4 and SW+.SE of Sec. 34, Township 5 South, Range 89 West of the
6th P. M.
Together with all ditch and water rights belonging to, used upon or in con-
nection with said land and particularly, but without limitation upon the foregoing, all
interests in the Nott No. 2 Ditch and its Priority No. 147 for . 8 of a cubic foot of
water per second of time by virtue of decree of District Court of Garfield County,
Colorado in and for Water District No. 39. Also by way of Quit Claim only, all of
the grantors' right, title and interest in and to the Reynolds and Cain Ditch and wate
rights, the Mitchell Creek Ditch and water rights, and the Mitchell and Cooper
Ditch and water rights together with their respective priorities.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said partieS of 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 part ies of the second part, their heirs and assigns forever. And the said part ies of the first part,
for them selves their heirs, executors, and administrators, do covenant, grant, bargain, and
agree to and with the said part ies of the second part, their heirs and assigns, that at the time of the enseal-
ing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains;sales, liens, taxes, assessments and encumbrances of
Whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part ies 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 said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set their hand S
and seal S the day and year first above written.
•
(SEAL)
(SEAL)
(SEAL)
STATE OF COLORADO �l
i ss.
.) County of Garfield
• The•fdyegoing instrument was acknowledged before me this , 16* day of February
D. is•56Cy;,CHESTER T. EARN ST and GLADYS EARNEST.
, • i; 1�y1 cbliiinission expires '`� YYl W , 19J' . Witness my hand and official seal.
� G
l0 ' ..... • • 7 Notary Public.
No. 932. WARRANTY DEED.—For Photographic Record.
—Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-48 Stont St., Denver, Colo.
CDSS
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Date Prepared: 611012017 3:51:16 PM
3ook 291
.3 'age 374.
Exhibit 3
Recorded oft. 19 o'clock F .M., Feb. 17 1956
Reception No .9210_ Cha s . S. K. e e cra n Recorder.
THIS DEED,
Made this 15th
day of . February
in the year of our Lord one thousand nine hundred and fifty-six
between
JAMES V. MINOR
' of the
County of Garfield and State of Colorado, of the first part, and
PAUL J. ENGELBRECHT
of the County of Garfield
State of Colorado, of the second part:
and
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
Ten and no/100 Dollars and other valuable considerations 12 ttE2x
to the said part y of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these
presents do es grant, bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to wit:
An undivided one-fourth interest in and to the SE: SW4 and the
SW+SE4 of Section 34, Township 5 South, Range 89 West of the
6th P. M. , together with the ditch and water rights belonging
to, used upon or in connection with said lands.
DCIIMEN7AAY
l `9.
•
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part y of 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 part y of the second part, his heirs and assigns forever. And the said part y of the first part,
for him sel f his heirs, executors, and administrators, do es covenant, grant, bargain, and
agree to and with the said part y of the second part, his heirs and assigns, that at the time of the enseal-
ing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind ornaturesoever. Subject to a Deed of Trust dated February 14, 1956 to
secure payment of the sum of $14, 000. 00 to Chester T. Earnest and Gladys
Earnest as joint tenants , one-fourth of which the grantee herein, by acceptance
hereof, assumes and agrees to pay
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to .claim the whole
or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part y of the first part ha S hereunto set his hand
and seal the day and year first above written.
STATE OF COLORADO
SS.
,.\4\O.:,.!'i. County of Garfield {1.JJ
\,;..; �'.i'he foisgoin'instrument was acknowledged before me this
rokIV',b.,,by, JAMES V. MINOR
:-:_;.,:-.,.-.„,1 ,• My;.commissiFn :expires '4J 6,
--�.r O
L
4t t..r&e. 4SEAL)
(SEAL)
(SEAL)
day of February
, 19 3 . Witness my band and official seal.
Notary Public.
No. 932. WARRANTY DEED.—For Photographic Record.
Bradlord-Robinson Pte. Co., Mfrs. Robineon'e Legal Blanlffi,1824-48 Stout St., Deaver, Colo.
ti
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Exrhibituffiy Land Explorer
Garfield County Colorado Land Explorer
http://gis.garfield-county.com/LandExplorer/index.htm I
1/1
Book 310
Page 362
Exhibit 6
p July 2t�, 195$ .
Recorded at 3:2 7 o'clock.._..._...M., ..._.....
Reception No...a4 .47.. ...- Recorder.
THIS DEED,
Made this 12th day of July
in the year of our Lord one thousand nine hundred and fifty- eight
between JAMES V. MINOR, of the County of Garfield
and State of Colorado, and PAUL J. ENGELBRECHT
of the City andCounty of ,Denver
and 'State of Colorado, of the first part, and
JAMES V. MINOR, JR.
of the • County of Garfield and
State of Colorado, of the second part:
WITNESSETH, That the said part les of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable consideration -DOLLARS,
to the said part ies of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve granted, bargailied, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
An undivided one-half interest in and to: A tract of land situate in the SE4SW4
of Section 34, T. 5 S. , R. 89 W. of the 6th P. M. and more particularly
described as: Beginning at the Southwest Corner of $aid SE4SW4 of said Sec-
tion 34; thence easterly along the southerly boundary, )f said SE4SW4 a distance
of 150 feet; thence northerly on a line ,parallel with the westerly boundary of
said SE4SW4 to the northerly boundary of said SE4Sltv4; thence westerly along
the northerly boundary of said SE4SW4 a distance of 150 feet to the Northwest
Corner of said SE4SW4, and thence southerly along the westerly boundary of
said SE: SW4 to the Southwest Corner of said SE4SW4;, the point of. beginning.
TOGETHER with all and singular the hereditaments and' appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the. said part ices of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said part y of the second part, his heirs and assigns forever. And tie said part ies of the first part,
for them selves, their heirs, executors, and administrators, do covenant, grant, bargain, and
agree 'to and with the said part y of the second part, his heirs and a$signs, that at the time of the enseal-
ing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, gni ha ve good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, tastes, assessments and encumbrances of
whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against ail and every person or persons 1 wfully claiming or to claim the whole
or any part thereof, the said part les of the first part shall and will W RRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set theirhand s
and seal S the day and year first above written.
:;rsseaaor
f
x
wi* D w hili _
(SEAL)
(SEAL)
(SEAL)
>.� STATE OF COLORADO
" \;'•, ...... �':y County of Garfield • }ss.
1�T• #ore•n + g
e � : g lit instrument was acknowledged before me this I g 6k day of July
w kj`' i, •g' y 0 aures V. Minor and Paul J. Enge1bredht
y co Ai ;expires
. nor,0 B � c y March 19 + 1960 •Witness my hand and official seal.
�,/`'i COG 11111 kk''' . ... ............a• .
...feaeaaaao0-
Notary Public.
No. 932. WARRANTY DEED.—For Photographic Record.
—Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-46 Stout St., Denveri Colo.
11N�uii[�
�T
r3ook 338
Page 120
Exhibit 7
Recorded at 12:17
....o'clock P .1I., D.it C., 11., 1961..
Reception No 215970 Chas. S, KQegs3.i1r Recorder.
THIS DEED, Slade this 14th day of December
in the year of our Lord one thousand nine hundred and sixty-one
between
WILLIAM J. CATO, JR. and OPAL D. CATO
of the
of Colorado, of the first part, and
JAMES V. MINOR, JR.
County of Garfield
and State
of the County of Garfield and State of Colorado, of the second part:
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations nettlX016,
to the said part i e s of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha v e granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part, hiS
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield
and State of Colorado, to -wit:
A tract of land situate in the SE4SW4 of Section 34, Township 5 South, Range 89
West of the 6th P.M. and described as: Beginning at a point on the northerly line
of said SE4SW4 a distance of 150 feet easterly of the Northwest corner of said
SE4SW4 thence easterly along the northerly line of said SE4SW4 a distance of 150
feet; thence'South 0°10' East and parallel to the westerly line of said SE4SW4 a
distance of 1048.94 feet; thence South 67°05' West a distance of 37.07 feet;
thence South 55°23' West a distance of 45.75 feet; thence South 71°42' West a
distance of 49.72 feet; thence South 54°08' West a distance of 37.98 feet and
thence North 0°10' West and parallel to the westerly boundary of said SE4SW4 a
distance of,1126.66 feet to the point of beginning.
This conveyance is subject to the restrictions set out in that certain
deed recorded as Doc. No. 210934, in Book 329 at Page 558 of the records in
the office of the Clerk and Recorder of Garfield County, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED—For Photographic Record.—Bradford-Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, Denver.
Exhibit 7
Book 33$
Page 121
TO HAVE ANI) TO IHOLi) the said premises above bargained and described, with the appurtenances, unto the
said part y of the second part, his heirs and assigns forever. And the said part ies of the first part,
for them sel ves, & their heirs, executors, and administrators, do covenant, grant, bargain
and agree to and with the said part y of the second part, his hairs and assigns, that at the time of the
ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and :form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of, the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part ha v
and seals the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of GARFIELD
}ss.
nto set their
a atto
and OPAL D. CATO
SEAL]
IAM J. CATO, JR.
[SEAL]
[SEAL]
The foregoing instrument was acknowledged before me this 14th day of . December
A. D. :0) 61 , by GEORGE J . PETRE as attorney in fact for WILLIAM J .CATO, JR. and
OPAL D. CATO.
'.lIy'ecnpnission expires July 29 , 19 65 . Witness may hand and official seal.
O
0
O
U
I hereby certify that this instrument was filed
0
1
5
5)
Notary Public.
Send future tax statements to:
Book 329
Page 558
Recorded at 4:00
Exhibit 7
Sent 7 ,.1960
o'clock...:.�.... M., x,..:
Chas. S. Keegan Recorder.
Reception No -21093A—
THIS DEED, Made this 7th daiof September
in the year of our Lord one thousand nine hundred and S ixty
between
JAMES V. MINOR
of the County of Garfield
and State of Colorado, of the first part, and
WILLIAM J. CATO, JR. and OPAL D. CATO
of the County of Garfie ld
and State of Colorado, of the second part:
WITNESSETH, That the said part y of the first part, for and in consideration of the suns of )00MM
Ten Dollars and other good and valuable consideration,
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the
effollowing olloy of described Garfield lS t S or parcelS of land, as d ateat� ong f
and being in the
Colorado, to -wit: A tract of land situate in the SE4SW4 of Section 34, Town-;
ship 5 South, Range 89 West of the 6th P.M. and described as: Begin-
ning at a point on the northerly line of said SE1SW* a distance of 150;
feet easterly of the Northwest corner of said SE4SW4 thence easterly
along the northerly line of said SE4SW* a distance of 150 feet; thence
South 0°101 East and parallel to the westerly line of said SE4SW4 a
distance of 1048.94 feet; thence South 67°05' West a distance of 37.07;
feet; thence South 55°231 West a distance of 45.75 feet; thence South
71°421 West a distance of 49.72 feet; thence South 54°08' West a dis-
tance of 37.98 feet and thence North 0°101 West and parallel to the
westerly boundary of said SE4SW4 a distance of 1126.66 feet to the
point of beginning. 1
This conveyance is subject to the following restrictions:
1. Said tract shall be used for residential purposes only and for
no other purpose whatsoever; and no buildings shall be erected, alter -i
ed, placed or permitted to remain thereon other than one detached sin-
gle-family dwelling not to exceed one and one-half stories in height,
one guest house and a private garage for not more than two cars.
F 2. No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or become airanuoy�-
ance or nuisance to the neighborhood.
3. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding of any description shall be
used on any lot at any time as a residence, either temporarily or per-
manently.
4. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot, excepting that dogs, cats or other household
pets may be kept thereon_, provided that they are not kept, bred or
lmaintained for any commercial purposes, and excepting also that riding
horses not to exceed one horse for each person in actual residency on
said premises may be kept thereon for private use.
5. No sign or signs of any kind shall be displayed to the public
view on said_premises, excepting one professional sign of not more
than 1 square foot, one sign of not more than 5 square feet advertis-
ing the property for sale or rent, or a sign or signs used by a build-
er or contractor to advertise the property during construction and sale
6. No oil drilling, or other development operations, oil refining,
quarrying, or mining operations of any kind shall be permitted, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be per-
mitted upon said premises. No derrick or other structure designed fort
use in drilling f Or oil Or natural gas shall be erected, maintained or
permitted.
7. Said premises shall not be used or maintained as a dumping
ground for rubbish or trash of any kind, and all garbage, trash or
other waste materials shall not be kept thereon except in sanitary
containers. All incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary con-
dition.
8. These restrictions shall be binding upon the above-named gran-
tees, their heirs and assigns, for a period of twenty-five (25) years
from the date hereof; provided, however, that if said premises shall be-
come subject to any Zoning Resolution f Or Garfield County, Colorado,
or any Zoning Ordinance of the City of Glenwood Springs during such
period, then these restrictions shall be automatically terminated,
excepting as to easements then in existence.
9. These restrictions may be enforced by the above-named grantors,
their heirs and assigns, or by•any owner of property in Western Hills
Subdivision adjoining said tract to the East and now subject to those
protective covenants recorded in the Garfield County records as Docu-
ment No. 203827.
Goes from
Northern
line of SE
SW to
Southern
boundary
of WS
Welding
parcel.
Exhibit 7
Boe,k :329
°e:559
lrt;t; Ian',at:wit.h all and singular the. ltere.iit•anterts and appurtenances thereunto .belonging, or in anytvtse
;•i,t•r,:,i^ink„ anc_ the reversion and revi:tsions,. _remainder and remainders, rents, 'is:c ,ca and profits thereof; and .!
c;.t:ttte,.ri;;itt, ;i.l., interest, claim and demand v:hittsoe•:er of tl;': said part y o -t the first pnrt,.either-in.=
laer c,: et;tiity, of, in and to the ahove.bar;tainell premises, with the hc•rtcli'•.::ntents and appurtenances.
,wl
ra,Tt(
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.TO I1;11•'i::t [) TO ilI)1 1) the said prt:-;iise:: above bargained and described, with the appurtenances, unto the
,id parti•'••a of th,.: •,'r,ind p.t,1, t.hri-r heir:. and assigns forever. A.nd the. said part y of the first part; for.
li.i tn.tel: I . .It:i.s 11:•ir::, ex••tutors, and ;administrators, do es covenant;, grant, bargain and agree to
:a„1 .: i': i.ltf ' tmrtie: i rlf tho sicun.l part, -their heirs and assigns, that at the t•inlc_ of the ensealing arid .delive ' •
he .i.s well rr-Phed of the premises above conveyed, as of good, sure, perfect, absolute
r.l .:r ,it ...ill .. :ate tti , Cnori!arwe in 1x17, in fee simple, and lea s . good right, lull power and 1aw!'ul authority; .'.
t+, ;,i.tnl, 1:::r,•aia, ; -:1 ;tail e.'1;:•. t:8 t h,' : ;:Lir it manner ;end Lorin aforesaid, and that -the sante are free,•and-clear froin
all ,t! ,,(.i ..m': u.,..:r ;,i.tn::i, bat•ti0it1:1, sales, -a n.,, taxes, assessments and incumbrances Of whatever kind:or nature,
1.-i ( rut ii -'•i ,t , i i°i ii i i, J� ♦F ,,
•^ .3. 4 "1'.f ni• Tt 1 i i L 14:1 1 , ''
ice�il:
�+ 1
•
Ili .`.'A,•R
3 ��,rd:6s4.Pr
�4n .
4' : �ir•.i� .
and Elle above bar rained premixes in the quiet and peaceable possession of the said parties of the secondpart, their•
heirs and assigns, against all and every person or persons lawfully claiming or. to claun the whole :or any part theroof,
the r::►iti pad; y of the first part stall and will WARRANT AND FOREVER DEFEND .
1N iii ITN ESS \\-IIT.RLOF, lite said part - y of the first part ha s., hereunto set :gi.g hand. and
:teal the:day and year first above. written:
Signed Sealed:ma Delivered in the Presence of L� ' :C i -C L^� � 4L -L --z.." [SEAL]
1' [SEAL]
EAL]
STATE OF COLORADO,
County of Garf ie ld
The. fciregoiti;; instrument was acknowledged before ole this 7 ,day of September
1960,bx!, Jtames • V.Minor
4•-::.iy. ;:conittUy n ttires
n:ilt,eX Mar 19
55.
, 19 64 . Witness my hand and official- seal.
,.. .rt
. Notnry Pn}ilie. -
•I! ?. rmtt,r._1per tn; or perton,i hero insert name or names; if by persons acting in representative or official capacity or as attorney in fact;
then tritert rimae:arperson ns execator, atturndr-in-fact or other capacity or description; if by officer of.corporation;then Insert name ofsueh
offieer or offic,rs, an the president or other of learn of'snch corporation, naming; it. ;
0
S'1A'TE U.H' C
w
0
1
0
O
U
0
0 .'
PO
a
•
a
K:
Book 314
Page 510
Exhibit 7
Recorded at 9 ' 4°. o'clock A M , sja n 21 , 1 95.9._
Reception
o;
6 �
fq
W i
z.
of
1
z
2r
a
a.
THIS DEED,
Made this 2nd day of January
in the year of our Lord one thousand nine hundred andfifty-nine
between
PAUL J. ENGELBRECHT
of the City and
County of Denver and State of Colorado, of the first part, and
of the
JAMES V. MINOR
County of Garfield
State of Colorado, of the second part:
and
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
Ten Dollars an`l other good and valuable considerations,
to the said part y of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these
presents do es grant, bargain, sell, convey and confirm, unto the said part y of the second part, his
heirs and assigns forever, all the following described lot S or parcel S of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
.An undivided one—half interest in and to: A tract of land situate in the SE46W4
of Section 34, T. 5 S. , R. 89 W. of the 6th P.M. and more particularly
described as: Beginning at a point on the south boundary line of said SE4SW4
150 feet easterly along said boundary line from the Southwest Corner of said
SE4SW4 of said Section 34; thence northerly on a line parallel with the westerly
boundary line of said SE4SW4 and 150 feet easterly therefrom to a point on the
northerly boundary line of said SE4SW4 150 feet easterly of the Northwest
Corner of said SEaSVJ4; thence easterly on the northerly line of said SE4SW4 a
distance of 150 feet; thence southerly parallel to and 300 feet distant from the
westerly line of said SE4SW4 to a point on the southerly boundary of said SE4SW4
300 feet easterly of the Southwest Corner of said SE4SW4; thence westerly along
the southerly boundary of said SE4SW4 150 feet to the point of beginning.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part y of 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 descrilied, with the appurtenances, unto the
said part Y of the second part, his heirs and assigns forever. And the said part y of the first part,
for himself , his heirs, executors, and administrators, do es covenant, grant, bargain, and
agree to and with the said part y
ing and delivery of these presents,
of the second part, his heirs and assigns, that at the time of the enseal-
he is well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from alI former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature soever.
0
land the above bargained premises in the quiet and peaceable possession of the said part y
his heirs and assigns against all and every person or persons lawfully claiming
or any part thereof, the said part y of the first part shall and will WARRANT AND
IN WITNESS WHEREOF, the said part y of the first part ha S
and seal the day and year first above written.
hereunto
of the second part,
or to claim the whole
FOREVER DEFEND.
set his hand
STATE OF COLORADO l
Boulder } ss.
County of Rel 111
The foregoing instrument was acknowledged before me this
A. D. 19 -5E1*- --PAUL J. ENGELBRECHT.
My commission expires Feb.20, 1962
17th day of
January
(SEAL)
(SEAL)
(SEAL)
, 19 . Witness my hand and official seal.
Notary Public.
No. 932. WARRANTY DEED.—For Photographic Record.
—Bradfor.!_Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-46 Stout St., Denver, Colo.
Exhibit 7
Recorded at 3 25 o'clock. P M.,
July 24., 19%
ty c•
Reception. No... 2x211. L .v..l�:.:1.r...�1s... ?L�?. , ,n
Recorder.
3ook 310
Pa 361
THIS DEED,
Made this 12th
day of July
in the year of our Lord one thousand nine hundred and fifty-eight
between JA v.:ES V. MINOR, JR.
of the
County of Garfield and State of Colorado, of the first part, and
JAMES V. MINOR of the County of Garfield and State
of Colorado, and PAUL J. ENGELBRECET
of the Cit.; and County of Denver and
State of Colorado, of the second part:
WITNESSETH, That the said part Y of the first part, for and in consideration of the sum of
T; n Dollars and other good and valuable consideration
to the said part of the first part in band paid by the said part of the second part, the receipt
whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these
i• presents do CS grant, bargain, sell, convey and confirm, unto the said part ies of the second part, their
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
An undivided one-half interest in and to: A tract of land situate in the SE4SW4
of S-,ction 34, T. 5 S. , R. 89 W. of the 6th P. M. and more particularly
described as: Beginning at a point on the south boundary line of said SE4SW4
150 feet easterly along said boundary line from tie Southwest Corner of said
SE4SW4 of said Section 34; thence northerly on a line parallel witi the westerly
boundary line of said SEI -SW -1 and 150 feet easterly therefrom to a point on the
port:=erly- boundary line of said SE4SW4 150.feet westerly of the Northwest
N • B ICorner of said SE1SW1• thence easterly on the northerlyline of said SE*SW
c4,44 4a y 1
4 4
a distance of 150 feet; thence southerly parallel to and 300 feet distant from
• & i the westerly line of said SE4SW4 to a point on the southerly boundary of said
4?„
11 SE4SW4 300 feet easterl„ - of the Southwest Corner of said SE4SW4a thence
z z • '1 westerly along the southerly boundary of said SEI -SW -,1-1 150 feet to the point of
egi
o A '1�ER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
a. a appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
w the estate, right, title, interest, claim and demand whatsoever of the said part y of 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 part ies of the second part, their heirs and assigns forever. And the said part y of the first part,
for himsel f, his heirs, executors, and administrators, do es covenant, grant, bargain, and
agree to and with the said part ies of the second part, theiTheirs and assigns, that at the time of the enseal-
ing and 'delivery of these presents, he is well seized of the premises above conveyed, as of good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other, grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature soever. •
i;
and the above bargained premises in the quiet and peaceable possession of the said part ies 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 said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS 'WHEREOF, the said part y of the first part ha S hereunto set his hand
and seal the day and year first above written.
STATE OF COLORADO
County of
The foregoipgjfyngtrument was
A�D.sj$i>l? •J51141ES V.
Iy :coramaoinf4pires
E,Lt'
Gerfield
acknowledged before me this
MINOR, JR,
March 19
,-1ht1%42 0-4 l4 - yt /SEAL)
tiA
(SEAL)
(SEAL)
day of July
, 19 60 . Witness my hand and official seal.
s
Notary Public.
N0. 932. WARRANTY DEED.—For Photographic Record.
—Bradford -Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-46 Stout St., Denver, Colo.
Book 359
Page 578
Exhibit 8
Recordedat.7tt 2 o'clock P M, July 30, 1964.
Reception No 2z6479 Chas. S. Keegan
PHIS DEED, Made this 27th day of
in the year of our Lord one thousand nine hundred and
'Between
JANES V. MINOR, JR.
JpLy
sixty-four
'of the County of and State
of Colorado, of the first part, and GEORGE J. PETRE and
ROBERT S. ZIMMERMAN, doing business
as GLENWOOD INVESTMENT CO.
of the
County of Garfie ld and State of Colorado, of the second part:
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION RiZbib dNx
to the said part y of the first part in hand paid by the said part ies of the second part, the receipt
whereof is hereby confessed and acknowledged, ba g granted, bargained, sold and conveyed, and by these
presents do es grant, bargain, sell, convey and confirm, unto the said parties of the second part, their
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being
in the County of Garfield and State of Colorado, to -wit:
A tract of land situate in the SE 1/4 SW 1/4 of Section
34, Township 5 South, Range 89 West of the Sixth P. M. and described
as: Beginning at a point on the northerly line of said SE 1/4 SW
1/4 a distance of 150 feet easterly of the Northwest corner of said
SE 1/4 -SW 1/4 thence easterly along the northerly line of said
SE 1/4 SW 1/4 a distance of 150 feet; thence South 0°10' East and
parallel to the westerly line of said SE 1/4 SW 1/4 a distance of
1048.94 feet; thence South 67°05' West a distance of 37.07 feet;
thence South 55°23' West a distance of 45.75 feet; thence South
71°42' West a distance of 49.72 feet; thence South 54°08' West a
distance of 37.98 feet and thence North 0°10' West and parallel to
the westerly boundary of said SE 1/4 SW 1/4 a distance of 1126.66
feet to the point of beginning.
This conveyance is subject to the restrictions set out in
that certain deed recorded as Doc. No. 210934, in Book 329 at Page
558 of the records in the office of the Clerk and Recorder of
Garfield County, Colorado.
Reserving to the grantor an easement or right of way for
road purposes thirty feet in width across the above described
property as the same is now situate and in use, being a continu-
ation of the street as platted in the Western Hills Subdivision
between Lots 1 and 10 in Block 10 of said Subdivision. Said reser-
vation is also made for utilities.
LEGAL ACCESS
Description of
original legal access
Reserving to the grantor an easement or right of way for
road purposes thirty feet in width across the above described
property as the same is now situate and in use, being a continu-
ation of the street as platted in the Western Hills Subdivision
between Lots 1 and 10 in Block 10 of said Subdivision. Said reser-
vation is also made for utilities.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 463. WARRANTY DEED—For Photornphie Record--Dtadrord-Robtawn Printing Conn any, 16SO.96 Stout Street, Denver, Colornde
L1
41\1ill of Nw tonomog .t s LLed lob or wool of lord, olkuato, lyi,lg and hctnE iu tat
county- os Go' r rlc•iU PM woo Colorado, trawl l or 1.onsI a ltuatcd in lilt
SE.1151 T of Stet Ion y•t, 1'ownottip 5 South, J.ungo OO West of the Gilt dl.M.. do-
sorll}cd as falluw,il
J3egdnning nt tt point on the Westerly lint` of acid S1;1SWi•, 30O. DO feet NarIIL-
crl<y of We Southwest cnr]ler thar-eof; lheticr. 1.1. 00.00' W. 1010.00 leer 11100g the
WL'eteul,y liar of nihil SE,',SW;li to Inc N{W HlwCHt ro1310L' Usvecof; thence N. 89'5O'
10"11;, 150, 00 rept along the• N(1l•tllcrJy lint of stOrt SE SW4; illcticr S. OO°oO'
E. 10111. HD Fool: thence S. 8O°5DI VV. 150. OD loot to a point on the Wentorly line
..I raid 51LISWa_ the pub 1 of beginning,
'l'C gc t1lrr with that refrain t;as cu1e1tI or right-of-way roc i'oatl purpuhlrtr & ui1111
reserved hp ilio said parity of the ihr:t part in that certain warranty deal room -d-
ere As Document No, 226479 in !book :l5O at Page 5711 thereof of the rrcor,Jn of
Garfield County, r'illorado.
'TocnoIl1SR wI11 nil u111 eisllul/r the haraditrwreEtto Rod eppnrtcuonl'G+ tiicranxke belonhlr or ix tnywiwc
apnerrnintuir and the solenilo r e111I rorrsio114, multiplier dull 1(111L SI1ILTry, rent , Isms olid wail.; thereof; and nU
ilio rnlale, riitTi . GLIo, ilik•rOnt, skim nod drmmid winstsuo4er‘gD14odd 11Riny of do tient nowt. CAW ill Iew
or lvinilr, of. lot nIMJ W deo Mono bsrr .snit 11nmIVA with tan 11Credilnownta lard rppareennocer.
ID WINN At » TO 1ILIJ.1) no Noll promisee o]ovo ba rgaino4 mol dcootibed milb tiro onvartelm(4'W, unto the
vriLll lied. of Ulu aroaurl part, Ito Rvrceseor/ anti oaslr,iR fewer! Ault the +1nid pRlt y of the 1LlM pmt, for
hillnalr, 111s toile mouton., mol utliqinistestors, de CS crerrio]t, emit, hairdo and acme to mol will,
uLQ wad Love, of the zecond r wt, Ili mu¢Lrosa:a nod 'Ignitors, eon at Lbn limn of. kite enrcoling and I divert of
Garr prompt!, ht: jkf well Adxe11 or No prop,"" obg+o canyon!, as of goo,1, rote, wriest, .loyluln 0301
i,ulrfr'nsibla wok of ir11w1il rate, bi k(w,111 Ier shellta. and Los girl! right, [all power acid frwtnt nukharlLT to
MOIL. 1.4117allti.. I1 sod a try y' (he wont ih Milner nndierm sa etorna>td, and Ih01 Lh' &kmt- ori fate rad Ancor iron.
all d liner RJY] aLhcr gr wtey hsrreina, oalnq, Bold, laex.lr, noerronleaaR mitt Lnculnbruuce of pholever kiwi or LRtur.
Nut.err,
Exhibit 9
nook 5B] -I- liro❑rdod
d'nl;o 565 9�p/1
]iccaliaoo No...JG'.r.41Q,2 .. ,. .....li4sOrd6f.
J i11s 11}]':lto, r[mla u,ia Otli ,Iny of May
in Lb yoor of our Lova gnu kltouiai11111m lrundrod nvi sikty-se'VCn
huln^e�1i
.]AM) V-. MI.1VOlt, J1L. of the
Cm* of Otterlol4 oral }Stain
o f Colorado, at 11ro tarot nark and VO'1-LEU, LTD..
n cozj,erotion orghuixtI nod
n oistinr untior sed by *Ian* of Olio lows of OM Slob of 0010 Little ,
or tiLt llgoolkl Lint;.
It-ECM//DJf1CS RAMP
WursESS rU, not Lha olid !miry of OILo fila irar6, for mrd in oaealdrec Lion of the arms of
frail DoIT rg tru1 other good :Ind valuable canslderitten, X11iISr..HoS!C
57 Llrr aald porn y o1 t]in Sirup milt 1.. hand V," by lis/ rgiL',nasty a Om "cola peri, Ilio 7rt0I1 wllclnaf 1'
ILOT01 l t 11fenitd 0.0I11041110wikdged,10 gmolal, biugninrd, Bold Roll cplrreyrll, RNLI lir 0ko0 p oe'ta slo CS
hoist, biivpialrl, well, convoy alit por.Litin, urkt Ow sn[tl pAtLy oC rile Rccand purl, 5lo Ito CECi1WTY Mid nriig'nr forayer,
amI Guo itrvr b,rrxrdacd preelinec in the cadet rod pel.rlul ilaeagywion of the raid pnrly of Iha aesond port, fly
Ruccutteoto Rad sxxirnz, alralust n0 ped every ]uLOR,r or yerselrt lawfully claiming or Lo Anima kin wlrolo or any perk
lbcnofr lire Snot 11n1'L ,y of t1 Eliot pert /holt end S.4U 1VA1.l1I1.NT ANL! u'e LLG.:VI.1t 11Ir108.t1D,
ala wi'rf1i3Ss wirmttior,.. hr mkt pnroy of Ono ural y bo A ncfruntu act Wu fund
anti "Cal ilio clay mrd pray first ehpao wrJLlon,
Signed, footed .nil 11)01l1rttvl in Guo lrvsrucsof .LIE'S- 14 , -eS1gAtj
ktio..UDeulkamiLw'}- ltnuipr2 x quisls3l..... . tri... ...• ._.._. W .CSxAI,I
iY ATly 01, cOro11&tro
Coolly of GUPtiold
Tncgrispkl initruntmml was eallnoa'itlgod brfoco 1110 t1lt ', r1' day of bbiny
ifftiti't1r 1 /'AFS V. MY1JNOl1„ J.
•.. t ,�rt7 oly and outdo!. we.
Y T.,} y • ir onii .JJpnD Irnr 1u•r .eta 1M, N f f' S. • /
YJ •ti [i ll S CJ�� _ .-4-g....1_-4_,..:111.-2! t''...-:-2---
.7.;'.
R� - .
fnr'Gn>A� wooly INV%
rt'0•—• - -
No. 9Lt WAu1ANtT omen TO C410rult11001.-Sar r'r.tuonnk 14ro.t,
- 1,r'rourd-Norm Nr re,ntlrr Qrrrrooel list-ot oWmi3411°. Walir. Ork0M0
es
Scanned by CamScanner
Exhibit 10
CH, ,LET— X06 Ll.. AG E NO *./1"3
e
. t'
see
c.,..., A... $
ri
.
ll
'•,
CUSS AMA-
C..... Ane.. .
ase
f
se
- ROADWAY
•
,..t..r ..
Z3Fd} �
•
5
•
.... . .•......... , .bpi,;........... �.
�ft 1•11 or USIA ., ..
is for
cest... . 1. tr.vo R... S 1aW
sufriut
• BDL_
Ann or w..oatoc,
mom nr aaM.u.al •••
-.n ....i.%
Exhibit 10
'V.A11.1(.1P1k, INERIO/ 414
-N—
I it 10 FT.
23,
iTATFMIFNI OF OWNER AND DFEO OF OF D1CATION
•
• ENOW ALL MEN RY TaNci. iREsEI1TS 'Pict the talertio.red '/C1.L.
LTD. , s Zolorado oorhcratien, being the cne t In fee sio.,de o" al7 The'•
:art of the 6443Wi of dection 34, Township b Scutt, Hangs CD West, 5th
1'. IA., described as Do] lows:.
•
Beginning at a poirt on she ''' , et Line of said skity.y witas, •
• the Southwest Corner of. said SEk57i bears 6. oec.g, E. a
..- l'a.;4- •
t 3:s V
a of 3 56 feet. thence . 0'06' W. n el stance of
1-40.00. feet along the West Lin6 01 nt
N. e95" E. a •dl.stance of 160.30 r.ot to a polAi eitauce t
• Witnees Corner far the South Mive:-tou Corner .1f said Sec Lice. fa
34 boars b. 'S0.05.12' E. a di ftanta of 1, S.4%52 feet,
, cs36E. a di stance of 140.00 rat;- thanse 3. N,
distance cf 1b0.00 feet •to the point nf berinniag, nod
containing 0,482 acres, mare 11' lase,
Together with that Certain easement se right-nr.ou4 fer riai
purposos and utilities reserved mid described in warranty.
deed filed for record. es Doeoiscnt NO, 22117.9 In Fool31.i. at
Page 5O8 of the records of ,Garfi all County, ' Color,do.
•
does hereby subdivide said reel property. and designs:to Sne come as CRAI.ET-
.
WILLNIE No. 1, and does further herety elate hnd certify as follows:
I. That It has caused. this official plat of said CHALET.
TILLAGE No, 1 to be made and filed.
• C. That it tas caused the above-dese Ibed. sm.erty to •
:slatted and subdivided into the Chalet Lots,
Roadways, Easements- and m.on Areas desiznoted,endshown h011. ere-
3. That it hereby dedicates to the public' see all of
the Roadways ;designated and shown hereon, and also hereby
dedicates toithe public use -that sertaiii easement or right -
of -say for 1501 1..rposee and utilee-,td and deseriri:4
in warranty deed filed for record AR Document Ns, 2264s*,
in BooR 355 et Page 570, of the records of Carfield County,
Calorade.
•
4, That utility easements are ne'reby located and re-.
'serve& from the dedication hereof as shown hereon and thst
said owner further hereby reserves utility -eau:Poen:a over en3.
across all. Comaca- areas hereon designated.
5. That the are hereon designated ,v.
hereby dedicated in perpetuity ns and recreational areeu
for the common use and benefit- of all Chalet Lot owners in
.01 11 subdi vi Lon; sub j so t, however, to the re erva t ion of
easements for ,tillisles a. aforesaid.
6, That this plat enrreotly shave the ic,eSIon and 11-
mension0 of said Chalet Lots, Roadways, LaSements /tn.! COMaitsn'
Areae with Nie dimenalenu indicated bere,n•as prepared from •
an actual field PUrTe!, thereof:
IN WITNESS WHEREOF the said VON -LEE, LTD. has CM:ned .1 CS
corporate name to be hereuatc, suha.:11bed by its Fresident and it.1..eor- '
porato seal to be affixed, attestad by Its Secretary, this / TJ.
iitteztt VON -LEE, LTD.
STATE OF COLORADO )
I es.
COUNTY OF GARFIELD) .
By:
-plur:
•
Tee foregoing Statement• of:Owner ard Deedcf Dedisetl`n 7t5::
acknonl edged het -'o mo. c121._...daY of -Z • .:.A.D., „
L). 71.-1 gmL:5:2y- • rroolus.n. an,
Cl. 5, mearetary of VON -LRE. L.11..-7777r=sio
cc:wean es.
Witness my hand and Notorlal seel,
Aly 001:011101 11 ezif.i re 14
-S2
CESTIFICATS CF SURVEYOR
I. J. WAFtREN FERRIN, do hereby certify that I am a Registered Lend 5';3
103.01' licensed under the lass of the 3te te cf Colorado; Vui this
I s 1true, correct. and complete Plat of the Chalet -Village No. 1, as
herein laid out, platted and dedicated; Ibat said plat wao
from an accurate survey of said property by me and under my super7lalen
and Correctly chows the locatica and ilmendicns of oli Chalet: Lots,
Easements, Poadoays and Common Areas in an of ...al/ cy,1as..7121a,4
06 the same are iltaked. and 1C0ate,t Thr_ zmund.,
•
STATE Or COLOR -41() )
Y 56.
COUNTY OF GARFIELD)
7e ...el.----
/(
agleieset :..en znr,y,1 - ,.,:.1,0nd,
,rt.1.1'Ine.t.- N., _Zan
The abovird foregoing Certificate of Surveyor oas ledged
before ma this 4;1-- lay of May, A. D., 11C,, by I, wAhltaii FyR1303.
XI, co= i sal on ewpirea
.Atd".1111-527,,. =u751 -37---
k
Scanned by CamScanner
e''
4a, F2}'479 `O
004,)-14,-.04R.00“.,
VO
Exhibit 10
fel,. 2437-54
SCALE
(c7'/ i /o FEET
•a
'Leo .YO 1L
79s •Far 74/7/5-
7727/77
`h/5- ornerss{curd
c%,%,..//•/07`.4,797
✓:// ge. A/0. /.
CH/LET-V/LLAGE NO z
5"/ 71447 -ED //V THE
SE/ SA/Xi OF SECT/ON 34
TOGYNSH/P 5 SOUTH RANGE 89 Gd/EST OF.7-NE OM 1?frf
GARF/LLD COC/NT)...; COLORADO
SCALE,/ /NCH = /0 FEET
STATEMENT OF OWNERS AN0 DEED 0/ 050/CAT/ON+
/0 0I o//mer, 6y /4Cse ,O' sewfs. s'Yi't the uodersiyneo' !/ON -LEE L70., o
Co/orada C. e,-ofio/1, 6eii/9file sore osrce,- ,ir {re sii770/e of o// fin! rear
A-, Per/y hereon ,o%iced one/ .5ubdivio'ed, hereby ,otot and svbd'vide fhe a' -ea
.shown / fhrouy/7 6 o -7d eos`eme,'7's- -s shower ono/heieby
name and des/grate "h . e some o Cs/44LGT-✓/LLAGG A/0. 2 » >Vie Cou of
Gar//e/d Sfefe of Co%rddo, 5774:' P aPei/y bei. -7.57 described es fa//oats
,',of ,onrs. of fhe SE,*5W%a of Secrian 34, Township S South, .44../79e 29
[rest of /he 6th - coo/ Meric'ion 4'.', , / orffiei/y o/ ,97€
o! "he C4..CLET- ✓/LLAGE Nv a
0. / / codte//9/ of ,1/2C rester/y rite o.r..o4d
SE/a S!-Yyv, rep/ property Oeiri9 deser bed
Beg/i3Oin9 07' o /20,07' or5 fhe s✓este//yy. /lite e/ spill .5 *.5 '/ whence
southwest corner of so/o' Se/ S -9b Dsois S. DO.06 LYJ'E 473.66 7.-ee2'J 'hence
N. 00' oro -00 /30.00' feet o/or7 the wets -/e, -/y /tire o/so-d SEJG S7'✓%o4 , *5,7 -e
N. 09 ..S-7-00-7 /50.00 /ce / i ,Yif ,cC ^. 00'06'Gb •E /30. 00 {ee/ ,'o o or7
fhe nor,'her/y //i7e of. 27/d CHi7LET-✓/LLAGE 4/0. /; Yhenee S.89'57D0'i✓. •
/50.00 fee/ o/0-'9 fne r7orfher/,f /,ire o/ sold C/IALET V/LLA65 N0.
an fhe sa-ester/y tine 0,-.0i7/0/ SE/o SW/a, 7.17e ,o0,-;,-,/ of 6eyi/7 7/89, cnn�b'0 0 7
0.448 sere., rn•.--e or /ess...
? '9efhe- w 7'h 7'7907' cer/b/ir easement arriyhf-a7' was' y 7'r .rood".,00i06 e5
and u7'//,', - reserved descii6ed /i/ isroe70/7 Oeed recorded /n. /he
a to e, fhe C/e.k and Recorder e/ Gore/d Caor fy, Co/or-ado o-r'bocumeni
4/0. 226579 447 Ba7.F .959 o//bye•
therefore, 7./.7e solo' VO4'-LEE, /TV. sv/e ow er of- -of/ %ands
r/erein described, ,o/of/ea' and su4d,'vided 'dots heie6y s7'o74c odd rer7'ify
F
77%77' ao/d acne, has c,. -se./ Yhi.'s oftc-o/ p/v/ ,,. ' s. CNAL57-
1r/LLA0E 4/0.2 Yo be /47ode or'd
2. Tho/ so/d owner hos caused /he reo/,Orooer7'c. os shawl, on 714.'4,-
070,0
744,mop 7b 6e talo' ouf p/o75'ed and su6d.'v/Wed into cho/s7'. /ofs--.
rood and Cose,77en /s os shown and s727`e d /7e' 04.
3. 7/707` so/d ohne,- hereby dedic,77'es 7b 7Y7e o// of 7'he
roadways design/ed and -»0 -,7 hereon, and o/s0 hereby dedico%s
7.0 fhe pY46/ic use 755•of c-5/-7401;7 80.9emen7' or right-of-uio46/' i�r
road ...our -poses orvd 4.4//././A/es-a
/r$' .-k- d nd de -ci/6 ed 444 i,'orron/
Oeeo' 7'i'/ell,» fhe office o/ Yhc C/erk and Record' ,- o/. Go/fie/dy
Country, CO/or-ado os Oocumerrf A/0. 229479 /i7 Boe.P 9.59 of .5797'
.579.
4 Thof ufi/'ty eoseojen, s- ole hereby /arated and reserved.7{rom /he
ded co,'7on as shown hereon and /hot sorb/ 0,0,78./ frurfhei hereby
reserves u7' •/.'7' eosaments.
S Tha/ this p/a/ corrrcf/4r, shows the /Ocotions or/o' oiirieiasicns o'.mid
Cho/e/ ./07. ,/2,002‘.109"..7 and 6 .,7e -7/s .u././"4 fhe drit7ens 'o is i io'.co,fzd
hereon, os Prep'. c' ,lam on 00,4/0/ fie/ Survey thereof- -
SN 1.1/:/7NES0 i✓HEREOA-- the .so/d YON -LEE, LTO., hos caused r /,. •
Corporate nose 7'0 ba hezun/b so4sop-bed 6y /7's Presider,/ and //s
CorPoro,'s Seo/ 7.0 be of red, Oheested by Secreforry 7'h/s 04- =dr p•oy,.o{.
/.4...E • .40/ /969. a
FTTEST . V LEE 'GTO
e0 a or -3- "S/'4en .1
STATE OF/COLORA00 ?ss.
COUNTY O0 GARF/EGOS-
7ile Z-: aaa,6/e9n57.5/07`0/770 /.. ,p' Os,-07or7d Oeed :1_,____,,z7ea,"Car71,::,,,,,,..._77.,
-.
oc.Fr,ow/edged before me. "his ;•__Z -../o4.,..,,,, d� ;,qO69,d N'
/h,.+ea• os secretory -a,, -AY 774,,.44' 0---oreide.N-
LEE LTO., 0 Co%opoao Co/pa/bfon.. /a7ifness rrmy hand and A/ofor, /Seo/ /"y Ca r7rr,4Ss/an erp/J�..c r97.9
Ce.,-fi'//ca/e of Surveyor 4✓atory Seo/
/Poberf 4 i>7ms/ey, "15e» 9 fir -s, du/fr ssror' vo.40,7 his oaf.* deposes .
e7/70...3-07..... Tho/ h0 /s 0 reg;sfered /ono' surveyo. /rceosed under 7447c./0.x7 '
Oar fhe 6/pre of Cb/rodo; fh0f he hos .6,/,•-veyed fhe CH/4L5T- V/LLAGE NO.0
su6di v's/an 77 fhe County. o/ &'o.-'2e/d or70' ,tote of Cb/rodo, ".071'o /
such survey sr -os oc e/5. done; /hof "he ,a/a/ shown hereon eorr�cf/y
,haws the /pts, streets oe7d Basem0nts /i7 7'he C/IALET-!r/LLAGE /''-0'
•
subd vis/on os fhe sone ore sfo.Fed ue0'7 fheAraurL
.Peyst red Lo.7 survey
STATE OF COL ORAOO ss
• COUNTY OF GARF/EGO• •
TJ�je a6o✓e ' 7Srezy,,nq .i,strurr,en7'.wos 4704-low/ed s5efoic .n.
7'744, 2S day of_.Jonoam..' ..0 //9697 6y /Po6e.f ido
A. ms/e .
4ny ged
'ine�s "Sono' Na7b - e." sea/. y
My erw7/77.ss/0n expires /6, 'S
f/Keafed fo/ 7'..>/..,;747 by„"o 00ce Count` SuivevorfGo ir.9
Cozen/y, Ca/or-ado, on fhe 92hy
69
Ury ref prveyor
Scanned by CamScanner
Exhibit 10
Sass
Repo
CHALET
L0„7„.
r f0 4
G-fNiLET
L07-
�S8
Ch:4LET
0 T/O 6
so
0
Spas
IVE/L/T✓ CASE
8
CN4GET
LO R6
CHALET
LOT NQ S
jeep
•
SO ROADWAY
.6 0,9' S761! /30.00
GALE-. (//(LADE .A4
"" {y 1117 FS
n.�e..2. ` CHAL ET- V/LLA GE A/O 2
SITUATED AV >WC
SE% SIV/ OF SECT/ON 34
v aL TO/YNSH/P S SOUTH RANGE 679 NEST OP TME 6TH. PM
GARF/ELD COUNTY, COLORADO
SCALE / /NCH • /O FEET
amr:"ar am�e ., and w,�n`:.✓C/`e.;, y.. , ea `.6"i.6`
."'a i• of .r�� "rri. FPo_M� Qy�� ""i «.` �!r.."'" S i
e.yero.
s�F aaa`rfm`e"ai 'ra/ �dsF�;.� j.se.,e. e
resanee a ..real ?e,� 717.7 e
�e
rso.a�re�r/� wie e..earroeai��n a/-za,.rce s.sys
g MeiY naC,J.✓,I
s .. i.za,fr / as davM 44.swi , Me w%.s/ o/ a yeessny, ews6.-inq
eras▪ e." EA.. ASS ..i 'ds�e.� /�Cwiy,c woe."....I
me Ag
A.. -P Ma...a e." .ree are'AVON-GC`iv`.'27. haVil,✓ASAO, i'..oss..",sfah ws '`""''y
• .rAt Pm, ,e e a �iY _xs �`d �a.,/"aiena ��ir`/
.m/d a n a 4, XXVI a Me fe.Jri um % eF M
ea/yweeee a/ro�vs n d obs K�da n
aed ,0 amernec *7 Cdfi ed
aao fy,
0-000,0,0 Off a/ Na. r a,. F„pe
r.:* road.,°.., a„ 1.7%,4;7 -V;
m,zra" a...3.r fr.�` a mea µ
kf%sY F+� fseed tyros/d s ei
'71'f•
C,� � �% M da orr�aad o,vrohd eyicce a.y
(el, 243154
y
Cbu fAe d asw%9 mMna,z p/gyp/ o �e f and oead s/KKaadtaf...p
�. �. ' f ✓Y aha N„w; .ttu..._ �-' �s /-0za. -,rt e{ ✓4,
LE LTO., C
Wl /oad
fle0/c a yey
AAA.,.m ,devf q. ak
Ay
be: eaf d",,yy
%q.'sf �sd %wrd uJ a naed'.oa
•
ness my and A6kim/Sm/ s�
r'"sry/e of Cs.ine Ms y�Me - < F,raa
• n ..r Me Ciw�/u d �.���� Jsare l ebmrods, wMf
rar AP rry
M.aeo oared /a�e�� a r oc4no." Yee ec.b.r .ne
ooyy.a. %ae9 eecr� �v. NenrrkJ/.
2 ..3
ad r6M✓ reqs `ee .. A of OreVA,
roanfy; °tiro red, r"ne Mae`y'e �/'+�
Scanned by CamScanner
Exhibit 11
KNOW ALL MEN BY THESE PRESENTS THAT
GEORGE J. PETRE d. b. a. GLENWOOD INVESTMENT CO.
at•d.••ZIMMERPIAN INVESTMENT CO.
First Party
Box .400
P.O. Box or Street Address
Glenwood Springs, Colorado 81601
City
State Zjp;
RECO ER
NOV -:5i9f
Sfers nni'giArritRY FIE
39.
x Individually
* o a Colorado Corporation
❑ a Partnership
❑ a Limited Partnership
for and in consideration:of tei :dollars and other.valuable considerations, inhand paid, hereby sells and conveys to
t . C0M0.;:_:INC ':
€ Second Party
.t P.O .Box 1334
P.O. Box or Street Address
Glenwood Springs, Colorado 81'601
.City
State Zip, .
•
*❑ individually
❑,joint:tenancy
.0 .tenancy in common
®a Colorado Corporation.
0 a Partnership
'❑.a Limited Partnership.
the following described property, 'in the Count yy of Garfield and State of Colorado:
A tract of, land. situated in the SEaS[ , •Section.34, Township:'5 South, Range 89 West
of the 6th .P M described' as. beginning at, a:' point whence the Witness Corner for the
SouthQuarter• Corner of said Section 3.4 bears S, 65°15'46" East a. distance of 1,118.085
feet; thence S.:.0°06' East parallel to the West line of said.SE4SW- a distance_of
1225.39 feet,• :thence S::_;65°05' West a distance of 37 07 feet;_ thence S 55°23' W. a
'distance of. 45:75 feet; thence S. 71°42' West a distance •of '-:49:'72 feet, 'thence' S.
54°08' West a distance of 37.98 feet; thence N 0°06' West parallel: to the•West.line
of said SEaSW; a distance of 265.91feet;:thence .:N. 77°335' East a distance. of 130.8.9
feet; thence N. 66°24•' East a distance of. 24.03 feet to the point of beginning. Tp�FIHER
ith an easement or right of wag: for roadway'purposes-over and across a tract :of.:,and
land30 -.feet in width and.. being that amounsouth_of the above • described tract of
land..which easernent or right. of, wayis described as. follows.' Beginning at a point
whence the Witness Corner for the South Quarter Corner of Section 34; Townshipp'.`5•
ISouth, Range 89 West of the Sixth PrincipalMeri;dianbears S. 65°15'46" East 1',118..085
feet;; thence S. 66°24' West: 24 .03: feet,•. thence S. 77°35! West, :a distance of 130 89'
feet; thence N :0°06'_:West,'a distance of 30:.71 feet, thence .N .77°35'.East, a'
distance
of 121.•40. feetii. thence N. 66°24' East,a, distance of 34.:14' feet; thence S 0°06'
East, a distance of 32.71 feet to the point of beginning._
withall:its appurtenances and warrants title to the same, except and subject to general property taxes:for the
current year, U.S. patent reservations and, exceptions, any and all: easements and rights of way of a public or
private nature, planning, zoning and other governmental rules and regulations and prior oil; gas and. other
mineral reservations and exceptions, if any , and; restrictive covenants.of record.
SIGNED this 2nd .day of November A D
TATE OF COLORADO)
ss.
:t:UNT_Y OF GARFIELD . )
7 9
tiff
cei 414 ,.
Geoyga-,E.P.Ili . b = Glenwood Investment Co
.: (( a: — , �r :dvr.-
General Par erten —.Zimmerman Investment- o.
79,..: George J., Pette •d/b/a Glenwood Investinent...Co.:and Robert g, immerber
Ttie foregoing instalment was acknowledged before me this day of
19 by Zimmerman,
General Partner,, Zimmerman_Investment Co.
Mlitne sr'rty.fiand..and off icialseal.
:ti*IVIy cq►.nmissiori'exoi.res 6./34:, /83
If;aPPlica�ls, i4og oci* with x
$�ngularshell'inolude ptJral as eonteict requires::
Notary Public.
Exhibit 12
FINAL PLAT
Certificate Dedication Ownership
of and
MOUNTAIN SHADOW SUBDIVISION
The undersigned David Rasmussen, being sole Owner in fee simple of all that real property situated in Garfield County, described as
i r . .�� �., ?.' • :►r'.‘+ a • L7}� �d i alb
f- `w • ,ij •Z, .• ��•'
••
follows: 1 1F.
BEING SITUATED IN SE/SW/ of SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST, 6TH P.M.PM Ot°
A parcel of land situated in the SPASM of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian, Garfield
° COUNTY OF GARFIELD STATE OF COLORADO.
County, Colorado. All bearings contained herein being relative to a bearing of N00 09 31 W along the West Line of the SPASM of
said Section 34,Township5 South,Range 89 West of the 6th Principal and beingbetween the Southeast corner of the Mitchell Creek
g p SHEET 1 O F 2
Project Filing No. 1 Subdivision, a found rebar with cap, L.S. No. 14100 and the Northwest Corner of Chalet Village No. 3 being af.
found rebar with cap, L.S. No. Illegible. Said parcel of land being more particularly described as follows:
•,
r ` ,j {_°�
��,,, �_,M«
- 'r �l .
.� - ,�. ,�j
� ; .
� ! �'.
.�,.
{
,� ►' ;4, ' '`=r
# -' .I ; •
,# 1,41 r y
Lrn,ranvsH oot
;�,. ,-
/ ': '''�,•', . `• • `'
_" l �k!' '� s�
„1 r,,
x - �r. "'
~ - r c4 ;
-¢' s
_ ,,,
, '` '
• -
. • i, • ''
-•
'p �' r::'', „
^ ! •
r
Commencing at the Witness Corner to the SY4 Corner of Section 34 of said Township and Range, being a found rebar with cap, L.S.
�,.. -_ :' - <,DONEGAN,RD
No. Illegible (True SA, a boat nail in Donegan Road bears S00°09131"E, 25.18'); thence N65°15'19"W, a distance of 1118.22 feet to a
�
- 4 r� 1h-, . IF a•
,t7
s
point on the easterlyline of aparcel of land described in Book 329 at Page 558 of the Garfield Countyrecords,the True Point of
:{ N •
:,•'
-
Beginning; thence along the exterior of said parcel of land described in Book 329 at Page 558 the following six (6) courses:
rr (� ' _: __:; ' '�•: 1 *•
- -':'
1) thence S00°09'31"E, a distance of 225.41 feet;
2)thence S67°05'29"W a distance of 37.07 feet
3thence S55°23'29"W a distance of 45.75 feet
4) thence S71°42'29"W a distance of 49.72 feet
5) thence S54°08'29"W, a distance of 37.98 feet;
6) thence N00°09'31"W along the westerly line of said parcel of land described in Book 329 at Page 558 and also being the same as
the easterlyline of a parcel of land described in Reception No. 271083 and also beingthe easterlyline of Chalet Village No. 1,
recorded as Reception No. 238074, a distance of 265.91 feet to a point on the southerly line of Mountain Shadows Drive as reserved;_
;
+ �
l •
4;- '
'
�i -,
�_
+ia
u *` ` i -
""
f 4'?zF - , 1'ip'4r"
-. "�_ _moi YS!• tea.±_, ' f r:...I
Y
"I , '{'•'_� „ j W�� ('
r 6 error: v, I -
i '� r' ; ' 1 V ' •:r. 14, y,- � T I
._ ,. ,.
r b- i f Mfr •= "-,d
in Book 359 at Page 578 of the Garfield County records; thence along said southerly line of Mountain Shadows Drive the following
two (2) courses:
.�.
{ r
�,
E , ',,.T G NWOO� SPRINGS Mdf.L� f J ,
~• . r:... �' A :'it`- e,. "s . , {•t' i
14M
1) thence N77°35'29"E, a distance of 130.89 feet;
2) thence N66 24 29 E, a distance of 24.08 feet to the True Point of Beginning.
z
150.00'
Line Paraf
el to West Line SE'4SW'4
..�.
-, - ' ` ` T �gf� ; y rr •- _ _ •.-- '7
- ' - --4.-i?__- >fiA
Said parcel of land containing, 0.833 acres, more or less.
Said owner has caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on�olvrado'I�,r_.,.
this Final Plat under the name and style of MOUNTAIN SHADOW SUBDIVISION, a subdivision in the County of Garfield. The Owner
°
Q)
"2
150.00'
f Line Parallel to West Line SE'4SW'4
^'a' --=
!fib.. 1-1 t J _.
QA1 ;
�� :---
, ,, ;�• .,-4
u,
zi
does hereby dedicate and set apart to the public those portions of land labeled as utility easements on the accompanying Plat as
perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities Including, but not limited to,
electric lines, gas lines and telephone lines, together with the right to trim interferingtrees and brush, with perpetual right of ingress
p g g p p g g
MITCHELL CREEK PROJECT FILING NO. 1 _,
v
EHLERS
EHLERS
ORIGINAL PARENT DEED
MINOR to CATO
: `t, ..' + ,,
�► 'Of s ,x � .•, • •' �. : rT h. —� --
r, .. _ r `_ •- •
i{•'' ' = ��`` ..' ��
and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent.
manner.
Fnd. Bent Rebar for
NE Cor. Chalet Village No. 3
BK. 329 -PG. 558
VICINITY MAP
SCALE: 1" = 500'
Note: It is mutually understood and agreed that the access road easement as shown is private and is for ingress, egress and
emergency access. The owners of or their successors and/or assigns are responsible for the maintenance, upkeep and snow removal
with respect for this easement, any driveways or parking areas. The maintenance and additional uses are outlined in an Agreement
Fnd. Bent Rebar for,
W Cor. Chalet Village No. 3
On 1/16 Line
Fnd. No. 5 Rebar
Recorded as Reception No. of the Garfield County, Colorado records.
®
Western Hills Sub.
LOT1
There are no Protective Covenants filed for this Minor Subdivision.
Fnd. Bent Rebar for
NW Cor. Chalet Village No. 2
on 1/6 Line
CHALET
VILLAGE NO.
_
Fnd. No. Rebar WEST 'N HILLS SUB.
est- . - ...
EXECUTED this _ day of _,A.D., 20_. Owner Address:
®
CHALET
STARR
96,94'
STATE OF COLORADO)
MOUNTAIN SHADOW SUB.
VILLAGE NO. 2
-and
-Gap Between
Western Hills
ro. :'• •...wSub.
Sub.
SS
COUNTY OF GARFIELD)
By
Fnd. Bent Rebar for SW Cor. Chalet Village No. 1
Base Retaining Wall —�
CHALETT
VILLAGE NO. 1
\��
LOT10
LOTS
T
Fnd. Rebar w/Ca.-L.S. 7972
Western Hills Sub.
David Rasmussen
at of
(1.05' East of Line)
0
TjF
The foregoing Certificate of Dedication and Ownershipwas acknowledged before me this dayof
g g g r
°D
S6S1s1
LOT 19,
Witness Cor. to S% Corner Sec 34
.�
VIDAKOVICH
l Z18
A.D. 2017,m
My commission expires:
Q) ,-1
"�
rn
ENTNER
2 Fnd. Rebar w/Cap-L.S. # Illegible
W. ' o.rn Hills Sub. ,7,
Witness my hand and official seal.
.� c,
Fnd. Rebarw/cap-L.S. 14100 o o�
DORMA
Lore
SE Corner Mitchell Creek Project No. 1
County Surveyor's Certificate
On 1/6 Line
VIDAKOVICH
LOT 1
Notary Public
Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. §
Title Certificate
N89°50'41"E 1314.12' N89°50'41"E 1314.12' N00°09'31"W
Midpoint 25.18'
SW Corner Section 34 SW Cor. Sec. 34 to S% Corner Sec. 34.
38-51-101 and 102, et seq.
I, an attorney licensed to practice law in the State of Colorado, or agent authorized by a title
Fnd. U.S. GLO Brass Cap -1926 (Nothing Found) S% Corner Section 34
Fnd. Boat Nail in Asphalt
DATED this _ day of _,A.D., 20_.
insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is
vested in ,free and clear of all liens and encumbrances (including mortgages, deeds of
Garfield County Surveyor
follows:
MONUMENT LEGEND
trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as
By Deputy
SECTION CONTROL MONUMENT
N 0 RT H
0 INDICATES FOUND MONUMENT, AS SHOWN
Certificate of Taxes Paid
DATED this day of , A.D., 20_ .
I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as
TITLE COMPANY: Agent of ; upon all parcels of real estate described on this Plat are paid in full.
SURVEY CONTROL MAP
OR SCALE: 1" = 200'
Attorney Colorado Attorney Registration No. DATED this dayof A.D., 20_.
—
Lienholder Consent and Subordination NOTES SOURCE DOCUMENTS:
(Exception Needed in Title Certificate) • PLAT -U.S. GLO Plat Extension Survey,Township5 South,Range 89 West,6th P.M. as Treasurer of Garfield County
1) Date of Survey: June 29 -July 24, 2015, Updated April 17, 2017.g
accepted by the U.S. Supervisor of Surveys on Dec. 2, 1930.
The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real property platted 2) Date of Preparation: April, 2017 -June 14, 2017. • PLAT -Chalet Village No. 1, Rec. No. 238074.
and divided as shown upon the within Subdivision [Exemption] Plat, certifies that the undersigned has reviewed the • PLAT Chalet Village No. 2, Rec. No. 243754.
3) Linear Units: The linear unit used in the preparation of this plat is the U.S. Survey Foot as • PLAT -Chalet Village No. 3, Rec. No. 244652.
MOUNTAIN SHADOW SUBDIVISION Plat and by this certification hereby consents to said Subdivision Plat and to the defined bythe • PLAT -The Mitchell Creek Project Filing No. 1, Rec. No. 335063.
United States Department of Commerce, National Institute of Standards and
p
recording thereof. Beneficiary further consents to said Subdivision Plat as stated in the certificate of dedication and • PLAT -Western Hills Subdivision, Rec. No. 203826. Surveyor's Certificate
Technology.
ownership executed by the Owner hereon, and hereby subordinates any interest that Beneficiary may have in and to the • DOCUMENT-Rec. No. 861077.
property subject to such dedication, to the entity or the general public to which such dedication is made. 4) Basis of Bearing: Bearings are based on a bearing of N00°09'31" W between a found rebar with • DOCUMENT -Bk. 329 -Pg. 558-Rec. No. 210934. I, Mark S. Beckler, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of
cap marked L.S. 14100 representing the the Southeasterly corner of The Mitchell Creek Project • DOCUMENT -Bk. 359 -Pg. 578-Rec. No. 226479. Colorado, that this Plat is a true, correct and complete Plat of the Mountain Shadow Subdivision, as laid out,
Filing No. 1 Subdivision and a found rebar with cap, L.S. No. Illegible representing the • DOCUMENT -Bk. 310 -Pg. 352-Rec. No. 202471.
EXECUTED this day of , A.D., 20_. • DOCUMENT -Bk. 493-P 34-Rec. No. 276622, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me,
g'
Northwesterly Corner of Chalet Village No. 3. Points being called for being on the historic
or under m supervision, and correct) shows the location and dimensions of the lots easements and streets of
position of the West Line of the SE'/4SW'/4, Section 34, Township 5 South, Range 89 West of the • DOCUMENT -Bk. 482 -Pg. 619-Rec. No. 732788. Y su p Y
Lienholder 6th P.M. • DOCUMENT -Bk. 890 -Pg. 006-Rec. No. 458125. as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of
• DOCUMENT-Rec. No. 637681. land.
STATE OF COLORADO) 5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine • DOCUMENT-Rec. No. 476806.
ss ownership or easements of record. For all information regarding easements, rights of way and/or • DOCUMENT-Rec. No. 447783. In witness whereof, I have set my hand and seal this day of , A.D.,20 -
• DOCUMENT Rec. No. 271083.
title of record, SE relied upon the Title Policy prepared by Stewart Title Guaranty Company of
COUNTY OF GARFIELD) Glenwood Springs. Policy No. 0-9301-002872788, dated November 14, 2014. In addition this • DOCUMENT Rec. No. 428389.
survey utilized the documents and plats as shown in the Source Documents, hereon. • DOCUMENT-Rec. No. 648807.
The foregoing Lienholder Consent and Subordination was acknowledged before me this day of • SURVEY -High Country Engineering, LLC Improvement Survey Plat, Project No. 2141769.00
,A.D., 20_. 6) The East and West boundary lines of the subdivision boundary have been derived by following dated November 1, 2014. Mark S. Beckler, Colorado Professional Land Surveyor No. 28643
the intent of the parenting deed. The deed states that these lines are parallel to and 150' and
300' respectively from the the West line of the SE'/4SW'/4 of Section 34. This creates a gap of ALL OF THE THE GARFIELD COUNTY, COLORADO RECORDS.
BY
6.94' between the easterly boundary of the Mountain Shadow Subdivision and the westerly
boundary of Western Hills Subdivision as configured by the found monuments.
Clerk and Recorder's Certificate
My commission expires:
Witness my hand and official seal. This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at
Notary Public on this day of , 20 and is duly recorded as Reception
_o'clock _,
No.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS Clerk and Recorder
502 MAIN STREET, SUITE A3 By Deputy
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN ( 970)704-0311 SO P R I S E N G @ S O P R I S E N G . CO M
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 6/14/2017 - 17076 AC RJ sb - G:\2017\17076\SURVEY\17076-Plat-RJ.dwg
Exhibit 12
FINAL PLAT
MOUNTAIN SHADOW SUBDIVISION
°c
P
BEING SITUATED
IN SEYISW3/4 of SECTION 34, TOWNSHIP 5 SOUTH, RANGE
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 2 OF 2
89 WEST, 6TH P.M.
Olik
150.00'
CHALET VILLAGE No. 2
REC. No. 243754
150.00'
STARR
REC. No. 648807
_ 30.00'
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(Bk, 359 123-Rec.
(Bk 539 r b
63.68
30.00' 130.89
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SUBDIVISION
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Witness Corner to S% Cor. Sec. 34
LOT 10, BLOCK 1, WESTERN HILLS SUB.
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(Bears N00°09'31"W, 25.18' of True Corner
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25' SETBACK -4- 079° 28' 4767'C-29."
REC. No. 335064
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P1 PARKING SPACE FP ' LOT 1
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L.S. 7972
5790 28'
10, 10, SETBACK
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13,672 Ft2 ±
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PARKING EASEMENT DEDICATED TO
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LOT 2
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+ +
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0.175Ac.±
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7,605Ft2±
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Easement Table
_____-I____
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PARKING EASEMENT DEDICATED TO
Fnd. Bent Rebar
(Bears S54°16'E, 1.30'
0.345 Ac.±60
15,028 Ft2±
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Line #
Direction
Length
____ ____ ___
_ _ ___ ___ __
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9.54'
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SO° 00' 00.00"E
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8.70'
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17.10'
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INDICATES INGRESS, EGRESS,
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S79° 28' 49.23"W
4.34'
EMERGENCY & UTILITY EASEMENT
02' �'
573°
L7
SO° 01' 15.95"W
16.30'
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INDICATES SEWER EASEMENT
02A8j :.00'L10
N79° 28' 49.23"E
17.20'
0
(,)
VIDAKOVICH
REC. No. 271083 -LESS REC. No. 428389
1033
10.33' iJ
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° 24' 24.24"E
9.09'
Q
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" 30.99' / 1'
E
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15.92'
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° 02 48 / 31
x'.23"E
NOTE:
073 / 90\1\I
L13
N79° 28'
24.08'
.69' i 7° 05
• J
L14
N10° 31' 10.77"W
9.00'
• UTILITY EASEMENT OVERLAPS INGRESS -EGRESS -EMERGENCY
8"E s 56
25 00' „ 3° 0
L15
S79° 28' 49.23"W
22.80'
EASEMENT TO ALLOW INSTALLATION WITHIN.
//\•<",*`
,-. r• 151
4%.LOT3,
GRAY
BLOCK I, WESTERN HILLS SUB. MONUMENT LEGEND
LAND USE SUMMARY:
- 99 SS° ti
8,
• `'
9.
,, Vv
. SECTION CONTROL MONUMENT
0 INDICATES FOUND MONUMENT, AS SHOWN
® INDICATES SET No. 5 REBAR WITH PLASTIC CAP MONUMENT-L.S. 28643
LOT 1 = 0.345 Acres± SET 12.00' WITNESS CORNER
(TRUE CORNER FALLS IN DITCH)
LOT 2 = 0.175 Acres±
LOT 3 = 0.314 Acres± (
°g2,2g
571
i-
cb
. 9
•
3�
o\I CENTNER
L9 REC. No. 732788
0
TOTAL = 0.833 Acres±
ACCESS, INGRESS, EGRESS, EMERGENCY & UTILITY EASEMENT AREAS
AREA = 0.229 Acres±
°
15
DORMAN
REC. No. 458125
COOMBS
LOT 2, BLOCK 1, WESTERN HILLS SUB.
20
N
GRAPHIC
0 10 20
O RT H
SCALE
40 80
SOPRIS ENGINEERING - LLC
(IN FEET)
1 inch = 20 ft.
NOTICE: ACCORDINGTOEI LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CAR6ONDALE, COLORADO 81623
(970)704-0311 SOPRISENG@SOPRISENG.COM
U.S. SURVEY FEET
6/14/2017 - 17076 QDN/RJ - G:\2017\17076\SURVEY\17076-Plat-RJ.dwg
I
Exhibit 13
861 077 04/0312015 09:43:39 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $0.00 eRecorded
SPECIAL WARRANTY DEED
THIS DEED is dated the . V day of April, 2015, and is made between
(whether one, or more than one),
Mike Huth
the "Grantor" of the County of Garfield and State of Colorado and
Western Slope Welding, LLC, a Colorado limited liability company
(whether one, or more than one), the "Grantee", whose legal address is 0388 Mountain Shadow Drive, Glenwood
Springs, CO 81601 of the County of Garfield and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Ten dollars and other good and valuable
consideration ( $10.00 ) the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any
improvements thereon, located in the County of Garfield and Stale of Colorado described as follows:
See Exhibit "A" attached hereto and made a part hereof
also known by street address as: TBD Mountain Shadow Drive, Glenwood Springs, CO 81601
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee, and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does
covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described
premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the
heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through,
or under the Grantor except and subject to:
2015 taxes and all subsequent years, restrictions, reservations, covenants, easements and rights-of-way of
record, if any.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
1
Mike Kluth
State of Colorado
County of Garfield
The foregoing instrument was acknowledged before me this day of April, 2015 by Mike Kluth.
NEVADA R. HUNTER:
NOTARY PUBLIC
STATE OF COLORADO
NOTARY.$D 20144041060 •
.
Mli COMMISSJON EXPIRES OCTOBER 22.2018
Witness my hand
and official seal.
1 1\l
Notary Public Nevada Hunter
My commission expires:101 1_'t
Page 1 of 2
Exhibit 13
861 077 04/03/2015 09:43:39 AM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $0.00 eRecorded
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land situated in the SE1/4SW1/4. Section 34, Township 5 South, Range 89 West of the 6th P.M.
described as beginning at a point whence the witness comer for the South Quarter corner of said Section 34
bears S. 65°15'46" East a distance of 1,118.085 feet;
thence S, 0°06' East parallel to the West line of said SE114SW1/4 a distance of 225.39 feet;
thence S. 65°05' West a distance of 37.07 feet;
thence S. 55°23' W. a distance of 45.75 feet;
thence S. 71°42' West a distance of 49.72 feet;
thence S. 54°08' West a distance of 37.98 feet;
thence N. 0°06' West parallel to the West line of said SE1/4SW1/4 a distance of 265.91 feet;
thence N. 77°35' East a distance of 130.89 feet;
thence N. 66°24' East a distance of 24.03 feet to the point of beginning.
TOGETHER with an Easement or Right of Way for roadway purposes over and across a tract of land being 30
feet in width and being that amount South of the above described tract of land which Easement or Right of Way is
described as follows:
Beginning at a point whence the witness corner of the South Quarter corner of Section 34, Township 5 South,
Range 89 West of the Sixth Principal Meridian bears S. 65°15'46" East 1,118.085 feet;
thence S. 66°24' West 24.03 feet;
thence S. 77°35' West, a distance of 130.89 feet;
thence N. 0°06' West, a distance of 30.71 feet;
thence N. 77°35' East, a distance of 121.40 feet;
thence N. 66°24' East, a distance of 34.14 feet;
thence S. 0°06' East, a distance of 32.71 feet to a point of beginning.
County of Garfield, State of Colorado
Page 2 of 2