HomeMy WebLinkAbout1.0 ApplicationIC Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www�a rfield-county.com
TYPE OF APPLICATION
❑ Administrative Review
❑ Limited Impact Review
❑ Major Impact Review
• Amendments to an Approved LUCP-6 ,°
❑ LIR ['MIR ❑ SUP
LAND USE CHANGE PERMIT
APPLICATION FORM
O Minor Temporary Housing Facility
❑ Development in 100 -Year Floodplain
❑ Development in 100 -Year Floodplain Variance
❑ Code Text Amendment
❑ Rezoning
❑ Zone District❑ PUD ❑ PUD Amendment
❑ Administrative Interpretation
O Vacation of a County Road/Public ROW
❑ Location and Extent Review
❑ Comprehensive Plan Amendment
❑ Appeal of Administrative Interpretation
❑ Areas and Activities of State Interest
❑ Accommodation Pursuant to Fair Housing Act
O Pipeline Development j 0 Variance
0 Time Extension (also check type of original application)
r INVOLVED PARTIES
[Owner/APPIican/,
Name:iee)(21/43/72,-YiefAi
Mailing Address: 73 75 C,/7, /bO
City: C ,CuQ/1ZP-
E-mail: eek. 5yk2A+ a 1 /4, -2.1
Representative (Authorization Required)
Name: 5 P-27/5
Mailing Address:
City:
E-mail:
State: C® Zip Code: EC/,..? 3
1
Phone:(
State:
Zip Code:
PROJECT NAME AND LOCATION -
Project Name:
E5i/a4'4, )/94c '.6 % e,& x ibO2o L4) LO-7-
Assessor's
aiAssessor's Parcel Number: 3 3 - / 2 j - 0 a -0 c) 7
Physical/Street Address: (200 C(77r •L
legal Description:
Zone District: /20I7./
f
4 T?Y C0-7;; { 5 4I
Property Size (acres):
'r5�1
PROJECT DESCRIPTION 1
Existing Use: 10e2/U,& CpwS7% 1_ G<-rf'/7// /9Def PeW4tv6—
Proposed Use (From Use Table 3-403):
Description of Project: 6NC J (0104)/z/&0_5 A f4'6V 1.e5 /11657
nSf1 ,�CI. W/LL C4 9FTi 197u , /4' .06/671)4170/6--" 1. f77 � 7¢ -I'7
e(J// �f9J 6.x) /7/iy/74/f',D(CrA)/?/Cc6U
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
// 6/m
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: -
Fee Paid: $��
Glenn Hartmann
From: Roger B. Eshelman <rbeshelman@gmail.com>
Sent: Tuesday, November 06, 2018 6:46 AM
To: Glenn Hartmann
Subject: Fwd: Condition of approval for land -use change for ADU approval for Lot 7 Cottonwood
Hollow subdivision
Sent from my iPhone
Begin forwarded message:
From: "Roger B. Eshelman" <rbeshelman@gmail.com>
Date: November 5, 2018 at 8:05:52 PM MST
To: Roger Eshelman <rbeshelman a gmail.com>
Subject: Condition of approval for land -use change for ADU approval for Lot 7
Cottonwood Hollow subdivision
Dear Garfield County Commissioners,
One of the conditions of approval for our land use change resolution for an ADU has to do with
clarification of the driveway access easement(s) across Lot 8 and on to Lot 7 in the Cottonwood
Hollow Subdivision.
We intend to demonstrate and then request confirmation that this condition (#4) has been met, or
needs to be completely stricken, or modified. We intend to bring new information and use
numerous supporting documents including the original plat for the subdivision. The other 12
conditions of approval for our land use change have currently been met. We will demonstrate
that also.
Thank -you.
Sincerely,
Roger and Amelia Eshleman
Sent from my iPhone
1
Glenn Hartmann
From: Roger B. Eshelman <rbeshelman@gmail.com>
Sent: Monday, March 19, 2018 11:53 AM
To: Roger Eshelman
Cc: Glenn Hartmann
Subject: Eshelman Cottonwood Hollow Lot#7 ADU conditions of approval #4
Dear Garfield County Commissioners,
I would like the opportunity to demonstrate to you that I have already met condition # 4 in my resolution for my
accessory dwelling unit. I believe the NEW information that I am presenting is self evident. In my last personal meeting
with Glenn Hartman and with the County Attorney Kelly Cave, she indicated very clearly to me that ONLY the acting
County Commissioners could deem that this particular condition has been met.
1. On June 12, 1984 your predecessors put condition # 10 on the original preliminary plan for the Cottonwood Hollow
subdivision. That condition addressed the very same issue that we are facing today! (The driveway in question has been
in place since prior to 1976.) 2. On October 1, 1984 that condition was very clearly met on the final plat showing TWO
defined, surveyed and labeled driveway easements for perpetual access, specifically to Lots #7 and #8 and #9. The
access driveway to lot # 7 is in one or both of those labeled easements. The acting county commissioners agreed and
signed off on that plat.
3. On March 10, 2016 the acting Garfield County surveyor Scott Aibner agreed that there were TWO labeled driveway
easements "clearly indicated easement for access for the benefits of Lots #7, 8 and 9."
4. On September 30, 2003 Lot #8 owners Marc and Erin Bassett with permission from the owner of lot #7 legally
amended the platted driveway access easement so that it did not go across their meadow. That document signed by the
Bassets states that amended easement to be permanent legal access to lot #7.
5. On November 9, 2017 and excerpt and direct quote from an email from Lot #8 owner Erin Bassett reads as
follows..."still we do not have a clear idea/reason as to why this easement is needed, it has been this way for close to 30
years with no problems".
6. I believe we have demonstrated beyond any doubt that we have met the intent of condition #4 on our conditions of
approval for our ADU.
Sincerely,
Roger and Amelia Eshelman
Sent from my iPhone
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Receptiontk: 875536
04/05/2016 09:47.10 RM Jean Rlberioo
1 of $ Reo Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 215` day of March A.D. 2016, there were present:
John Martin
Mike Sanson — absent
Tom Jankovskv
Tari Williams
Kelly Cave
Jean Alberico
Fred Jarrnan
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
Clerk of the Board
, Acting County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. &biz, - 7
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR AN
ACCESSORY DWELLING UNIT, ON A 5.3 ACRE PROPERTY OWNED BY ROGER
ESHELMAN AND AMELIA ESHELMAN, LOCATED APPROXIMATELY 6 MILES
NORTHEAST OF THE TOWN OF CARBONDALE OFF OF COUNTY ROAD 113 AND
COTTON HOLLOW LANE IN SECTION 12, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO# 2393-123-02-007
Recitals
A. An application for an Accessory Dwelling Unit (ADU) located on Lot 7 of the
Cottonwood Hollow Subdivision ("Application") was submitted to the Garfield County
Community Development Department (File No. GAPA-08-15-8381). The property is located in
Section 12, Township 7 South, Range 96 West of the sixth F.M., Garfield County.
B. Lot 7, Cottonwood Hollow Subdivision is approximately 5.3 acres in size and is owned
by Roger Eshelman and Amelia Eshelman. The property is described on the Final Plat of
Cottonwood Hollow Subdivision (recorded as Reception No. 356154) and further described in the
Warranty Deed recorded as Reception No. 858020 in the records of the Garfield County Clerk and
Recorder. The ADU site plan is shown on Exhibit "A".
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C. The subject property is located within unincorporated Garfield County in the Rural Zone
District, approximately 6 miles northeast of the Town of Carbondale.
D. On November 6, 2015, the Director of the Community Development Department issued
a Director's Decision for a call-up of the Application for review by the Board of County
Commissioners ("Board").
E. The Board is authorized to approve, deny or approve with conditions an Administrative
Review Land Use Change Permit pursuant to the call-up provisions contained in the Land Use and
Development Code, as amended.
F. The Board of County Commissioners opened a public hearing on the 14`h day of
December, 2015 for consideration of whether the proposed Land Use Change Permit should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the request. The Board continued the public
hearing to January 19, 2016.
G. The Board of County Commissioners re -opened the continued public hearing on January
19, 2016, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request. The Board continued the public hearing to February
16, 2016.
H. The Board of County Commissioners re -opened the continued public hearing on
February 16, 2016, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the request. The Board continued the public
hearing to March 21, 2016.
I. The Board of County Commissioners re -opened the continued public hearing on March
21, 2016, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the application.
J. The Board closed the public hearing on the 2151 day of March, 2016, to make a final
decision.
K. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
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3. That for the above stated and other reasons the proposed Eshelman Accessory
Dwelling Unit, Administrative Land Use Change Permit is in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That, with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of conditions and granting of a waiver from Section 7-107,
Roadway Standards, for the driveway right-of-way, road cross section, ditches, shoulders,
width, turning radius and grade, the application has adequately met the requirements of the
Garfield County Land Use and Development Code, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for a Eshelman Accessory Dwelling Unit is hereby approved
subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application shall be conditions of
approval unless specifically altered by the conditions of approval of the Board.
2. Prior to the issuance of the Land Use Change Permit, the Applicant shall resolve all legal
water issues to the satisfaction of the County Attorney's Office demonstrating a legal supply
of water through the provision of an appropriate well permit with the Division of Water
Resources to serve both the primary single family dwelling and the ADU. This may include
completion of augmentation plans, installation of augmentation plan improvements and
contracts with a water conservancy district.
3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a 4 hour
pump test on the well and water quality testing in accordance with the requirements of Section
4-203(M)(1)(b)(5) of the County Land Use and Development Code. The reports/tests shall
include determinations by qualified professionals that there is adequate water supply to serve
the primary single family dwelling and the ADU and that the water quality meets the Colorado
Primary Drinking Water Standards or provide an appropriate treatment solution to address any
water quality concerns.
4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide additional
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documentation acceptable to the County Attorney's Office, establishing that the Applicant has
legal access to the site to serve the ADU. Options for the Applicant include but are not limited
to the following:
a. Affirmation acceptable to the County Attorney that the Property owners of Lot 8
and Lot 9 do not contest the use of the reservoir, drainage, utility, and driveway
easement across their properties for access to the ADU on Lot 7 or obtain a
declaratory judgement that the reservoir, drainage, utility and driveway easement
across Lots 8 and 9 can provide legal access for the ADU on Lot 7.
b. Provide an easement agreement with the owners of Lots 8 and 9 establishing an
easement covering the existing location of the driveway.
c. Obtain an amended plat approval from the County for Lots 8 and 9 modifying the
existing platted easement to conform with the existing Location of the driveway.
d. Physically relocate the existing driveway so that it is located entirely within the
platted easement.
5. Prior to issuance of the Land Use Change Permit, the Applicant shall complete all
conditions of approval for the Amended Final Plat for Lot 7, Cottonwood Hollow Subdivision,
fully execute and record the plat.
6. The Applicant shall comply with all plat notes on the Amended Final Plat of Lot 7,
Cottonwood Hollow Subdivision. Prior to the issuance of the Land Use Change Permit, the
Applicant shall update the proposed site plan for the ADU to include all of the plat notes as
contained on the amended plat including but not limited to the requirement for site specific
soils testing and that an engineered OWTS may be required based on the soils testing.
7. Prior to the issuance of the Land Use Change Permit the Applicant shall update the site
plan to include a fire/emergency vehicle access turn around on Lot 7. The access turnaround
shall be reviewed and accepted by the Carbondale Fire Protection District. The turnaround
shall be constructed and in place prior to the issuance of a certificate of occupancy for the ADU
or the second residential unit constructed on the property.
8. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an
executed shared driveway agreement with the owner of Lot 8 or in lieu of said agreement a
commitment to ongoing maintenance by the Applicant that shall ensure adequate physical
access to Lot 7 and the proposed ADU. Said agreement or commitment shall address
maintenance of the driving surface, storm water drainage and shall include winter time
maintenance and snow removal provisions. The agreement or commitment shall be subject to
review and approval by the County Attorney's Office.
9. A roadway waiver from the standards contained in Section 7-107 for the portion of the
access driveway from Cotton Hollow Lane to Lot 7 (including driveway width, right-of-
way/easement width, grade, cross section including ditch width, and turn radius) is approved
4
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subject to the Applicant providing prior to issuance of a Land Use Change Permit additional
engineering opinions that there are no structural concerns with the roadway, and a copy of the
Engineer's Opinion letter indicating the adequacy of the roadway stamped by a licensed
professional engineer.
I0. A roadway waiver from the standards contained in Section 7-107 for the portion of the
access driveway on Lot 7 serving the ADU building envelope (including cross section for
ditches and shoulders) is approved subject to the Applicant providing prior to the issuance of
a Land Use Change Permit a chart showing the areas where the ditches and shoulder vary from
the standards, engineered plans for the driveway, and a statement of adequacy for the driveway
stamped by a licensed professional engineer. The driveway shall be constructed at the time of
building permit for the ADU to meet all other standards including but not limited to width,
surfacing, and grade and shall accommodate the weights and turning radius of emergency
response vehicles in adverse weather conditions.
11. A roadway waiver from the Standards contained in Section 7-107 for Cotton Hollow Lane
is hereby approved based on the Roadway Waiver Request dated 10/9/15 which includes a
statement of adequacy for this section of roadway which serves the overall subdivision. A
copy of the Roadway Waiver Request stamped by a licensed professional engineer shall be
provided prior to the issuance of a Land Use Change Permit.
12. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide a noxious
weed inventory and map for the property and an appropriate weed management plan for any
noxious weeds found on the site. The plan shall be subject to approval by the County
Vegetation Manager.
13. The ADU roof materials shall be made of non-combustible roofing materials or other
materials as acceptable to the local fire agency. The Applicant shall consult the Colorado State
Forest Service Firewise construction guidelines at the time of building permit.
14. At the time of building permit, the Applicant shall address site control during construction
including rock fall protection for down slope properties, re -vegetation and stabilization of
disturbed areas after construction including road cuts and fill, utility excavations, and
foundation excavations.
I5. That the Applicant shall be required to comply with Wildlife Mitigation measures noted in
the CPW referral comments and listed as follows:
a. Utilize bear—proof dumpsters or store garbage indoors until the morning of pickup,
as mentioned in the application.
b. Feed pets indoors, bring in bird feeders at night, and avoid compost bins and other
attractants that could bring in bears and other wildlife.
c. Prohibit fruit, berry, and nut producing trees and shrubs from all landscaping within
5
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the building envelope (s).
d. Ensure that pets are not roaming free and able to chase wildlife such as deer and
elk. This is especially relevant during winter months.
e. Construct any future fencing on the property following wildlife friendly fencing
guidelines (also already mentioned in the application).
16. All exterior lighting on the property shall be fully shielded, down directed, and internally
oriented to the site to help Iimit light trespass onto adjoining properties.
17. Extension of electric lines to serve the ADU shall be below grade consistent with the current
installations on Lot 7.
18. That the Lot shall not be further subdivided.
Dated this day of ` , A.D. 20 /6O
ATTEST:
GARFIELD COUNTY BOARD OF
COM SS ► ERS, GARFIELD
COUN Y.CI ORADO
-�--� m a ,t -c.1-
Jerk of the Board
Upon motion duly made and seconded the )ted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
., Aye
, Absent
, Aye
6
Reception#: 875535
0410542016 09.47:10 AM Jean Alberimo
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STATE OF COLORADO
)ss
County of Garfield
I, , County CIerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
7
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EXHIBIT A
SITE PLAN
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8
11111 J owliartrimia'1`V G R44141114 11111
Receptton#: 888800
02/07/2017 03:33:29 PM Jean Albertoo
1 of 3 Rue Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 9th day of January A.D. 2017, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Tari Williams , County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
Kevin Batchelder , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. ...at)/ 7. /i9
A RESOLUTION CONCERNED WITH AN EXTENSION OF TIME TO MEET
CONDITIONS OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR AN
ACCESSORY DWELLING UNIT ON A 5.3 ACRE PROPERTY OWNED BY ROGER
ESHELMAN AND AMELIA ESHELMAN, LOCATED APPROXIMATELY 6 MILES
NORTHEAST OF THE TOWN OF CARBONDALE OFF OF COUNTY ROAD 113 AND
COTTON HOLLOW LANE IN SECTION 12, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO. 2393-123-02-007
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for a one year extension of time to meet conditions of approval for an Administrative
Land Use Change Permit for an Accessory Dwelling Unit (ADU) on property owned by Roger
Eshelman and Amelia Eshelman. (File No. GAPA-08-15-8381)
B. The Eshelman ADU was approved by Resolution No. 2016-27. It is located on a 5.3
acre parcel described on the Final Plat of Cottonwood Hollow Subdivision, recorded as Reception
No. 356154 and further described in the Warranty Deed recorded as Reception No. 858020 in the
records of the Garfield County Clerk and Recorder.
1
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C. The Applicant submitted their extension request timely and in accordance with the
requirements of the Land Use and Development Code Section 4-101.1.
D. In accordance with the Land Use and Development Code as amended, the Board of
County Commissioners is authorized to grant extensions of time to complete conditions of
approval for Land Use Change Permits.
E. At a public meeting held on January 9, 2017 the Board considered the question of
whether to grant an extension to satisfy conditions of approval, at which meeting the public and
interested person were given the opportunity to express their opinions regarding the issuance of
said extension.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The approval for Eshelman Accessory Dwelling Unit is hereby extended for one year to
March 21, 2018.
C. All findings and conditions of approval contained in Resolution No. 2016-27 shall remain
in effect.
D. The requested extension is in the best interest of the health, safety and welfare of the
citizens of Garfield County.
Dated this in day of
ATTEST:
C of the Board
, A.D. 20 / 7
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, OLO 1O
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F: MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
3
■III ��It'Y6 '�I�' �!V IrI*AiaMi!' . 04114 11111
Reception#: 906482
05/09/2019 01:40:38 PM Joan Rlberiao
i of 3 Reo Fee.$0.00 poo Fee:0.00 GRRFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
•
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in GIenwood Springs on Monday, the 19th day of March A.D. 2018, there were present:
John Martin , Commissioner Chairman
Mike Samson . Commissioner
Tom Jankovsky , Commissioner
Tari Williams , County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
Kevin Batchelder , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.cj/(?r
A RESOLUTION CONCERNED WITH AN EXTENSION OF TIME TO MEET
CONDITIONS OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR AN
ACCESSORY DWELLING UNIT ON A 5.3 ACRE PROPERTY OWNED BY ROGER
ESHELMAN AND AMELIA ESHELMAN, LOCATED APPROXIMATELY 6 MILES
NORTHEAST OF THE TOWN OF CARBONDALE OFF OF COUNTY ROAD 113 AND
COTTON HOLLOW LANE IN SECTION 12, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE 6T11P.M., GARFIELD COUNTY
PARCEL NO. 2393-123-02-007
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for an additional one year extension of time to meet conditions of approval for an
Administrative Land Use Change Permit for an Accessory Dwelling Unit (ADU) on property
owned by Roger Eshelman and Amelia Eshelman. (File No. GAPA-08-15-8381)
B. The Eshelman ADU was approved by Resolution No. 2016-27 with a first extension
approved by Resolution No. 2017-10. It is located on a 5.3 acre parcel described on the Final Plat
of Cottonwood Hollow Subdivision, recorded as Reception No. 356154 and further described in
the Warranty Deed recorded as Reception No. 858020 in the records of the Garfield County Clerk
and Recorder.
1
3
1111 E11'JF: til :HU 11 II
Reception#: 905482
p5/18/2p18 01:40:36 PM Jean Rlberico
2 of 3 Rec Fee:;0.0e Doo Fee:0.00 GRRFIELD COUNTY CO
C. The Applicant submitted their extension request timely and in accordance with the
requirements of the Land Use and Development Code Section 4-101.1.
D. In accordance with the Land Use and Development Code as amended, the Board of
County Commissioners is authorized to grant extensions of time to complete conditions of
approval for Land Use Change Permits.
E. At a public meeting held on March 19, 2018 the Board considered the question of
whether to grant an extension to satisfy conditions of approval, at which meeting the public and
interested person were given the opportunity to express their opinions regarding the issuance of
said extension.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The approval for Eshelman Accessory Dwelling Unit is hereby extended for an additional
one year to March 21, 2019.
C. All findings and conditions of approval contained in Resolution No. 2016-27 shall remain
in effect.
D. The requested extension is in the best interest of the health, safety and welfare of the
citizens of Garfield County.
Dated this 7 day of
ATTEST:
m�
A.D. 20 : 8
GARFIELD COUNTY BOARD OF
COMMISSIO ► " GARFIELD
COUNTY, S LO ' { O
k of the Board Chairm
1111 I corh IN11 I I' 1' IiMilib'14s idi 1141/1111
Reception#: 808482
0B/0612016 01:40:36 PM Jean Alberioo
3 of 3 Rea Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO
)ss
County of Garfield
, Aye
Aye
, Aye
1, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
3
PROPERTIES WITHIN 200 FEET OF THE LOT 7 COTTONWOOD HOLLOW
SUBDIVISION
(SECTION 12, TOWNSHIP 7, RANGE 88)
Lot 8 Cottonwood Hollow Subdivision
HCE PROJECT NUMBER 2151036.00
CHECKED WITH GARFIELD COUNTY ASSESSOR ON 10/31/18
Bassett, Marc A. and Erin J
202 Cotton Hollow Lane
Carbondale, CO 81623
Parcel Number 2393-123-02-008
Vickers, Matthew T. and
Messner -Vickers, Carrie J.
168 Cotton Hollow Lane
Carbondale, CO 81623
Parcel Number 2393-123-02-011
Siegel, Jack L. and Bertini, Lisa A.
1621 Meeting House Lane
Virginia Beach, VA 23455
Parcel Number 2393-123-02-004
Tenbrook, Joanna and Nationiewski,
Aaron
4972 County Road 113
Carbondale, CO 81623
Parcel Number 2393-123-02-005
Lawrence, Shawn and Lisa
3404 Country Club Circle
Guntersville, AL 35976
Parcel Number 2393-123-02-009
Flynn, Jerome
P.O. Box 834
Broussard, LA 70518
Parcel Number 2393-123-02-010
Forbes, Arthur and Janice
1493 County Road 106
Carbondale, CO 81623-2357
Parcel Number 2393-123-02-003
Slaver, Dorothy Recovable Trust
Atrrecrnent 06/28/2001
P.O. Box 1276
Carbondale, CO 81623-1276
Parcel Number 2393-123-00-299
Minetree, Thomas A.
P.O. Box 2408
Muscle Shoals, AL 35662
Parcel Number 2393-141-00-380
Johnson, Randall & Pamela A.
3059 103 County Road
Carbondale, CO 81623
Parcel Number 2393-123-00-300
MINERAL DEED
Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as
Trustees of the Gailen B. Smith Fancily Trust (collectively, "Grantors'), for consideration of
Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of
which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and
quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively,
"Grantees"), whose legal address is 7378 County. Road 100, Carbondale, Colorado, 81623, that
certain real property interest situated in the County of Garfield, State of Colorado, to wit:
All of Grantors' right, title and interest in and to all of the oil, gas and
other minerals, if any, in, on and under, and that may be produced from,
any lands located in Garfield County, Colorado, including mineral rights
interest in the following lands:
LOT 7
COTTONWOOD HOLLOW SUBDIVISION
According to the Final Plat recorded October 1, 1984 as Reception No.
356154
also known by street and number as: TBD Cottonwood Hollow, Carbondale, CO
81623;
COUNTY OF GARFIELD, STATE OF COLORADO
Assessor's Parcel No. 239312302007;
together with all appurtenances,
SIGNED this 7th clay of January, 2015,
GRANTORS
Pine I and LLC
By: 'a len B. Smith, Merpber of Pine Island LLC
By: P nela D. Smith, Membe "of Pine Island LLC
C;alien B. Smith, Individually and as Trustee of the
Gailen 13. Smith Family Trust
[Acknowledgement on following page]
After Recording Return To: [Geist & Strautman P.C.
823 B lake Avenue, Suite 202, Glenwood Springs, CO 81601
COUNTY OF GARFIELD
)ss
STATE OF COLORADO
The foregoing mineral deed was acknowledged before me this 71" day of January, 2015,
by Gallen B. Smith and Pamela D. Smith, as Members of Pine Island, LLC and
individually and as Trustees of the Gallen B. Smith Family Trust.
WITNESS my hand and official seal.
My commission expires:
MARY L. 3CHEURICH
NOTARY PO9LIO
STATE OF COLORADO
NOTARY ID #1999974001854
My Commission E$PEres Ma 22.2017
Notaryif\
Public
Address:
Atter Recording Return To: Kerst & Strautrnan P.C.
823 B lake Avenue, Suite 202, Glenwood Springs, CO 8160
858020 01/08/2015 10:21:58 AM Page 1 of 3
Jean Alberico, Garfield County, Colorado
Reo Fee: $21.00 Doo Feo; $9,55 eRecorded
WARRANTY DEED
State Doc Fee: $9.55
THIS DEED le dated the 7th day of January, 2016, and le made between
Gallen B. Smith Family Trust
(whether one, or more than one), the 'Grantor' of the County of PltkIn and Slate of Colorado and
Roger B Eshelman and Amelia S Eshelman
the "Grantees'. whose legal address Is 7378 CR '100, Carbondale, CO 81823 of the Courtly of Barfield and Slate of
Colorado.
WITNESS, that Ilse Grantor, for and in consider/4w of the siatr of Ninety Five Thousand Five Hundred Dollars and
No Cents { $95,590.00 ), the receipt and auficlency of which to hereby acknowledged. hereby grants, bargelna, softs,
eonvoye and confirms unto the Grantees end the Grantee& heirs and assigns forever, not ki tenancy In common but to joint
tenancy. all the real property, together with any Improvements (hereon, located fn the County of Ger eld and Stela of
Colorado described as follows:
Lot 7
COT TONWOOD HOLLOW SUBDIVISION
Accurdlny to the Plat recorded October 1, 1984 es Reception No. 356154.
County of Garfield, State of Colorado
known by street address as: TBD Cottonwood Hollow, Carbondale, CO 81623
TOGETHER wall all end sirryufer the heredllalnents and appurtenances therein belonging, or In anywise epperlalntng,
the reverelons, retiralntfcre, rents, iarwee end profits thereof, end all tho oaloto, rtyht, alta, Interest, claim and demand
wherscever of the Granter, ntll:er In law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantees, and Iho Granlmss' heirs and aasigsrs forever,
Tile Grantor, for the Granter end the Grantor's heirs and assigns. dune covarrant, grant, bargain, and agree to end with
ire Grantees, and the Grantees' heirs end assigns: that at the lime of the ensealing and delivery of those presents, the
Granter le well sexed of the prentlsos above described; has good, sure, perfect, absolute and indefeasible estate of
inhertansu, In raw, end In feu simple; and has good right, full power and lawful authority to trent bargain, self and convey the
soma in manner and form as ofe,roun d: and that lie same are free and clear from oil former end other grants, bcrgatnc, nates,
liens, taxes, assessmenla, encumbrances arid restrictions or wfrataver kind or nature aoever, except arrd stb(acl to:
See Exhibit "A" attached hereto and made a part hereof
And the Grantor 0119112nd cola WARRANT THE nTL{-AND DEFEND the above described premises, but noteny adfuI01rg
vrtcared erreor or alley, If any, In the quiet end peaceable pueeesoton 01 lhn r3renlvne, end the hairs and assigns of the
Grantees, agafnel all arid every persbrr or parsons lawfully i P 1uning the whule or tri part !hornet.
IN WITNESS WHEREOF, the Grantor hes executed this deed on the date set forth above.
GAIL _ B SMITH FAMILY TR
a n all
(fru sy a
Pmeta 0 Smith
Trustee
Stewart Die File Number. 01330-49210
921 JT WARRANTY DEED (To Joint Tenenle) STCO
Page 1
WARRANTY DEED
State Doc Fee: $9.55
THIS DEED is dated the 7th day of January, 2015, and is made between
Gallen B. Smith Family Trust
(whether one, or more than one), the "Grantor" of the County of Pitkin and State of Colorado and
Roger B Eshelman and Amelia S Eshelman
the "Grantees", whose legal address Is 7378 CR 100, Carbondale, CO 81623 of the County of Garfield and State of
Colorado.
WITNESS, that the Grantor, for and in consideration of the aum o( Ninety Five Thousand Five Hundred Dollars and
No Cents ( $85,500.00) the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantees and the Grantees' heirs and assigns forever, not in tenancy in common but ;n Joint
tenancy, all the real properly, together with any Improvements thereon, located in the County of Garfield and Stele of
Colorado described as follows:
Lot 7
COTTONWOOD HOLLOW SUBDIVISION
According to the Plat recorded October 1, 1984 as Reception No. 356154
County of Garfield, State of Colorado
also known by street address as: TBD Cottonwood Hollow, Carbondale, CO 81623
TOGETHER with all and singular the hereditaments and appurtenances !hereto belonging, Jr In anywise appertaining,
the reversions, remainders, renis, issues and reels thereof, and all the estate, right, title interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in and to lite above bargained premises, with the hereditamenis and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargalned and described, with the appurtenances, unto the
Grantees, and the Grantees' leers end }assigns forever.
The Granter, for the Creator end the Granter's heirs and assigns, dous covariant, grant, bargain. and agree to and with
the Grantees, and the Grantees' heirs end assigns; that at the time of the meeting and delivery of these presents, the
Grantor is well sa'v'ed of the premises above described; has geed. sure, perfect. absolute and Indefeasible estate of
inheritance, in law, and in to simple, and has good right, full power and lawful authority to grant: bargain, sell and convey the
same in manner and form as aforesaid; and that the same are free and Clear from alt former and eater grants, bargains, sates,
(lens, taxes, assessments, encumbrances and restrictions of whatrsveelelpd or nature sower, except and subject to:
See Exhibit "A" attached hereto and made a part hereof
And the Grantor shall and will WARRANT TH6 TITLE AND DEFEND the above described premises, but not any adjoining
vacated sheer or alloy, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the
Grantees, arealnst all and every person or persons lawfully claim Ing the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed cn the date set forth above.
GAIL61 B SMITH FAMILY TRU
—i1rt'�—�et-
rr3a IAtt $• ith
Truste6
744'111
P mels D Smith
Trustee
i
7-Ya11 1
Stewed Title He Number: 01330-49218
921 Ji -WARRANT( DEED (To Joint Tenants) STGO
Page 1
State of Colorado
County of Garfield
The fcregaing instrument was acknowledged before me this 7th day of January, 2015 by Gallen B Smith as
Trustee end Pamela D Smith as Trustee of Gallen B Smith Family Trust.
MARY L. 8.CHEUR1CH
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID #19974447954
W rian Expire 1 AYE, x61r
Stewart Title File Number: 0230-49218
92i JT WARRANTY DEED ire Joint Tonants STCO
Witness my hand an official spat.
Notary Public Mary L. Scheurich
My commission expires:
Page 2
EXHIBIT "A"
DEED EXCEPTIONS
1. Taxes for the year 2015 and subsequent years not yet a lien due and payable.
2. The effect of inclusions in any genera( or specific water conservancy, Fire protection, soli conservation or
other disirlet or inclusion in any water service or street improvement arca. Right or the proprietor of a
vein or lode to extract and remove his ore therefrom, should the same he found to penetrate or intersect
the premises hereby granted, as reserved in United States Patent recorded December 30, 1941 In Book
205 at Page 380 as Reception No. 14555.9..
3. Right of way for ditches ar canals constructed by the authority of the United States, as reserved in United
States Patents recorded as follows: July 6, 1911 In Book 71 at Paye 483 as Reception No 42198 and
December 30, 1941 In Book 205 at Page 380 as Receptrr2Yl,j+l_g; 145554.
4. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded July 10, 1972 in Book 433 at Page
25 as Reception No. 254439
5. Deed recorded March 25, 1966 in Book 375 at Page 50 as ReceoppnJ4Q 234013,
6. Deed recorded November 6, 1974 in Book 466 at Page 103 as Reception No. 2 529.Q.
7. Waiver recorded June 3, 1982 in Book 600 at Page 635 as Reception No. 328312.
8. Subdivision improvement Agreement, recorded October 1, 1984 in Book 657 at Page 647 as Raceotton
No. 356155 and Amendment thereto, recorded July 23, '1985 in Book 672 at Page 744 es fteceijion No.
363572 and Amendment recorded January 22. 1986 In Hook 682 at Page 409 as Reception No_anliaN
and Amendment recorded June 3, 1986 in gook 889 at Page 299 es Receolsan No. 371585, and
Amendment recorded July 1, 1985 in Book 690 at Page 855 as ReceptJon No, 372230..
9. Declaration of Protective Covenants, recorded October 1, 1984 In Book 667 at Page 857 as Reception
No. 350158, and recorded December 4, 2001 in Book 1307 at Page 915 as Receetion No._59Z 0 , and
Amendments to the Covenants at Cottonwood Hollow Subdivision recorded January 10, 2002 in Book
1319 at Page 622 as Reception No.'s 595446, 896447, 595448, 695449, 59545% 595451 and 595452,
Amendment recorded January 14, 2002 as Reception No. 605571, Amendment to the Deciaratton of
Protective Covenants recorded January 21, 2009 as Reception No. 761907, Amended and Restated
Declaration of Protective Covenants recorded June 13, 2014 as Reception No. 850247.
10. Any adverse claim based upon the assertion that (a) some portion of the land forms the had or bank of a
navigable river, or Iles below the mean high watermark thereof (b) the boundary of the land has been
affected by a change In the course or water level of a navigable river, (c) the lend is subject to water
rights, claims ar title to water and to any law or governmontol regulation pertaining to wetlands; (d) the
public's rights to use the waters.
11. Matters as shown on the Cottonwood Hollow Subdivision Final Plat recorded October 1, 1984 as
Rocaptlon No. 3 6151.
12. Well Sharing Agreement recorded September 8, 1986 in Bock 740 at Page 775 as rteceot onJdQ
395129.
13. Memorandum of Water Allotment Contract recorded June 20, 2002 In Book 1364 at Page 137 as
Reception No 60621.
14. Exhibit B to Water Lease and Agreement recorded March 10. 2003 in Book 1444 at Page 729 as
Reception No. 622577.
15. Water Rights Agreement recorded December 9, 2008 as Hrr..=f!Lon No !ti -?88 , Amendment recorded
April 22, 2010 asRecepiten No. 784993.
16. Findings of Fact, Conclusions of Law, Ruling of Referee and Decree of the Water Court, recorded
November 30, 2011 as Reception No. y1132Q.
17 Encroachment andlar possessory rights of wood fence located an the Southeast portion of Lot 7 as
disclosed by Improvement Location Certificate deted September 3, 2014 by David C. Nicholson L.S.
34595, Divide Creek Surveyors, inc.
Stewart Title File Number 01330-49218 Page 3
021 JT WARRANTY DEED (To Joint Tenants) STCO
REAL PROPERTY TRANSFER DECLARATION - (TD -1000)
GENERAL iNrORMATION
Purpose: The Real Property Transfer Oec.1aratlon provides essential inlormaLon to the county assessor to help ensure
fair and uniforms assessments for all property for properly tax purposot. iteler to 3g-14=102(4), Colorado Revised
Statutes (C. R.S.).
Requirements: All oonvcyaeoe documents (deeds) subject to the documentary fee submitted to the county clerk arid
recorder far recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be
completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk
and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned
within thirty days after the notice is mailed.
If the completed Real Property Transfer Declarelion is not returned to the county assessor within the 30 days of notice,
the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever Is greater. This penalty may
be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to
39-14-102(1)(b), C.R.S.
Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the
buyer. However, it is only available to the seller If the seller Mad the declaration. Information derived from the Real
Property Transfer Declaration Is availahle to any taxpayer or any agent of such taxpayer subject to confidentiality
requirements as provided by law. Refer to 39.5-121.6, C.R.S. and 39-13-102(5)(c), C.R.S.
1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers.
TBD Cottonwood Hollow. Carbondale, CO 81623
2. Type of property purchased:
_ Single Family ResidentialTownhome _ _ Condominium Other
Multi -Unit Res — Commercial Industrial
_ Agricultural Mixed Use Vacant Land
3. Date of closing: January 07, 2015
Date of contract if different than closing: October 15, 2014
4 Total sale price: Including all real and personal property. $95,500.00
5 Was any personal property included in the transaction? Personal property would include, but is not limited to,
carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed,
the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
_ Yes to If yes. approximate value $ Describe
6, Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the
approximate value of the goods or services as of the date of closing.
Yes X No Byes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? _Yes No
7. Was 100% interest In the real property purchased? Mark "no" if only a partial interest is being purchased.
X Yes No If no, Interested purchased
8 le this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties
include persons within the same family, business affiliates, or affiliated corporations.
_Yes ye -No
9, Check any of the following that apply to the condition of the Improvements at the time of purchase.
New _ Excellent _ Good _Average Fair Poor Salvage - vacant land.
If the property Is financed, please complete the following.
10. Total amount financed. $92,700,00
11. Type of financing: (check all that apply)
X New
Assumed
Seller
. Third Party
Combination; Explain
File No : 01330-49216
Real Property Transfer Declaration TO 1000 STCO Page 1 of 2
12. Terms: }
_Variable; Starting interest rate 7 5
_ Fixed; Starting interest rare %
Length of timeYeur
f Balloon paymerrt Yes No. if yes, amount
Due date
13. Please explain any special terms, seller conceesions, or financing and any other information that would help
the assessor understand the terms of sale.
For properties other than residential (Residential Is defined as: single family detached, townhomes, apartments and
condominiums) please complete questions 14-16 if applicable. Otherwise, sklp to #17 to complete.
14. Did the purchase price includa #ra1+a i - or cense fee? Yes No
If yes, franchise or license fee v l $ I I1
15. Did the purchase price Involve an installment land contract? _ Yes No
If yes, date of contract
16. If this was a vant land sale, was an on-site Inspection of the property conducted by the buyer prior to the
closing? Yrs No
Remarke: Please include any additional information concerning the sale you may feel Is Important.
17 Signed this lIh day of January , 2915
Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an
address and a daytime phone number. Please designate buyer or seller. /'
,,,4'/
Buy r(a): if:, _ w
Roge 0 Eshelman Amelia S Eshelman'
18. All future correspondence (tax bills, property valuations, et r)'regarding this property should be mailed to:
7378 CR 100
Address (Trailing)
Carbondale, Colorado 01823
City, State and Zip Code
j I
Daytime Phone
File No : 01330-49218 Page 2 of 2
Real Property Transfer Declaration TD 1000 STCO
858021 01/08/2015 10:21,58 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $16.00 Doc Fee: $0.00 eRecorded•
STATEMENT OF AUTHORITY
(3a-30-772, C.R.S.)
1. This Statement ofAuthodty relates to an entity named t9fttetre small FAMILY TRUST
And Is executed on behalf of the entity pur uantto the provisions of
Section 3940-172 C.R.S.
2. The type of entity Ie a TRUST
3. The melting address for the entity ie: n, { gV/
4. The entity is formed under the laws of COLORADO
5. "'ha name of the psrean(s) authorized to exetxiie instruments conveying, encumbering, or otherwise
affe ng Ulla to real property on behalf of the entity Is:
B SMITH AF1F) PAMELA D. sMrllI , Trustees
a. The eutharlty of the foregoing person(s) to bind the entity Is X Not limited OR ® Limited as follows:
7. Other matters concerning the manner in which the entity dein* with Interest in real property:
Dated thus day of__ 2
State of
r_
County of
i o foRgolng Instrument was acknowledged before me this Aill) day of + —4
Lat
OA, . i3Y
40ft
TRU$TF.F
ce4i4dei,z-71
56121 F_s a irihl AIt 1EL,P Li _,V111I
Oji 4Yi1Tli rAML f TRUST
sc the
of
Statement oFAulhodty Suver Full 0TCO
my had and official seal.
ora P1 lIc
Mycommission expires:o
r:), fig, z)i j
Pagel oft
STATEMENT OF AUTHORITY
(38-30-172, C.R.S.)
6alLLry
I. ThIs Statement of Authority relates to an entity named t 8 SMITH FAMILY TRUST
And Is executed an behalf of the entity pureuent to the provisions of
Section 38-30-172 C.R.S.
2. The type of entity Is a TRUST -
3. The mailing address for the entity is: L,q
jet � u t rr5a 4f. ,4I
4. The entity Is formed under the laws of COLORADO
5. The name of the person(s) authorized to execute Instruments conveying. encumbering, or otherwise
_affe ng title to real property on behalf of the entity is:
-N B SMITH AND PAMELA D. SMITH , Trustees
WARLEV'
6. The authority of the foregoing person(s) to bind the entity is X Not limited OR I: Limited as follows:
7. Other matters concerning the manner In which the entity deals with interest In real property:
Dated this d'Q lclay of
State of L J C,. •__k0T.IY,
yy
County of VRI t.4tt•y �r
f res tar oing Instrument was acknowledged before me (his Ad) day of N-e[4o1.t #
rJ SII T 1
B SMITH�p QAM[F(J 0, SMITH
TRUSTE
9Af alt 9, $WITH FAMILY TRUST
itisAI
*04ossass
Exp..'itt
aii)'
oc
Irmu
Statement ofAutheity Buyer Full 3TCO
II s my hand and official seal.
eta 'F • tic
My commisslon expires: ccia
Page 1 ar
State of -1,0-4ATY112 -
County of l k11,7or,V_
4-zgfi
The faregcfng instrument wes acknowledged before me this 1 -00 -day of S�s, 2014 by Gallen B Smith es
Trustee and Pamela D Smith as Trustee of Gegen B Smith Family Trust.
my hand and °filchh] seal.
•
,td
Notary uhllc
My Cornmtesion expires:
Stewart Title File Number. 01330-4503g
932A WARRANTY DEED 3TC()
ocr-9_06- 2'l1. -
Page 2
858023 01/08/2015 10:21:58 AM Page 1 of 4
Jean Alberico, Garfield County, Colorado
Ree Fee: $26.00 Doc Fee: $0.00 eRecorded
QUITCLAIM DEED AND ASSIGNMENT
Pine bland LLC and Gailen B. Smith and Pamela D. Smith, Individually and as
Trustees of the Gailen B. Smith Family Trust (collectively, "Grantors"), for consideration of
Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of
which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and
quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively,
"Grantees"), whose legal address is 7378 County Road 100, Carbondale, Colorado, 81623 the
following property in the County of.Garfxeld, State of Colorado, to -wit:
All the right, title, interest and claims which Grantors have, if any, in and to any and all water
and water rights, ditch and ditch rights, well and well rights, reservoir and reservoir rights, and
plans for augmentation appurtenant to, used on, for the benefit of, or in connection with the real
property described on Exhibit "A" attached hereto and incorporated herein by this reference,
including, but not by way of limitation, the following!
• Bobcat Ridge Estates Well No. 7 water right decreed in Garfield County District Court,
Water Division 5 Case No. 80CW359 for 15 gpm for domestic, stocicwatering and lawn
and garden irrigation uses and further decreed in 08CW12 for 5 gptn for domestic use in
one single family dwelling.
• That portion of the Wendi Smith Reservoir water right decreed in Garfield County
District Court, Water Division 5 Case No. 84CW707 for 5.0 acre-feet, conditional, for
irrigation, domestic, and livestock watering purposes that is necessary for providing a
legal water supply to the property described on Exhibit "A" directly, indirectly, or by way
of augmentation.
• That portion of the ,Wendi Smith Reservoir First Enlargement water right decreed in
Garfield County District Court, Water Division 5 Case No. 00CW198 for 0.30 acre-feet
for augmentation, domestic, irrigation, and livestock watering uses that is necessary for
providing a legal water supply to the, property described on Exhibit "A" directly,
indirectly, or by way of augrn.entation.
• That portion of the McVey Reservoir water right decreed in Garfield County District
Court, Water Division 5 Case No. 79CW59 for 13.0 acre-feet for irrigation and fish
culture uses that is necessary for providing a legal water supply to the property described
on Exhibit "A" directly, indirectly, or by way of augmentation pursuant to the plans for
augmentation decreed in Garfield County District Court, Water Division 5 Case Nos.
80CW359 and 00CW159.
• Those portions of the plans for augmentation decreed in Garfield County District Court,
Water Division 5 Case Nos. 80CW359, 00CW159, and 08CW12 necessary for providing
a legal water supply to the property described on Exhibit "A" directly, indirectly, or by
way of augmentation.
Page 1 of4
QUITCLAIM DEED AND ASSIGNMENT
Pine Island LLC and Gailen B. Smith and Pamela D. Smith, Individually and as
Trustees of the Gailen B. Smith Family Trust (collectively, "Grantors"), for consideration of
Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt of
which is hereby acknowledged, hereby grant, bargain, sell, convey, transfer, assign, deliver, and
quitclaim to Roger Eshelman and Amelia Eshelman, as joint tenants, (collectively,
"Grantees"), whose legal address is 7378 County Road 100, Carbondale, Colorado, 81623 the
following property in the County of Garfield, State of Colorado, to -wit:
All the right, title, interest and claims which Grantors have, if any, in and to any and all water
and water rights, ditch and ditch rights, well and well rights, reservoir and reservoir rights, and
plans for augmentation appurtenant to, used on, for the benefit cif, or in connection with the real
property described on Exhibit "A" attached hereto and incorporated herein by this reference,
including, but not by way of limitation, the following:
• Bobcat Ridge Estates Well No. 7 water right decreed in Garfield County District Court,
Water Division 5 Case No. 80CW359 for 15 gpm for domestic, stockwatering and lawn
and garden irrigation uses and further decreed in 08CW12 for 5 gpm for domestic use in
one single family dwelling.
• That portion of the Wendi Smith Reservoir water right decreed in Garfield County
District Court, Water Division 5 Case No, 84CW707 for 5.0 acre-feet, conditional, for
irrigation, domestic, and livestock watering purposes that is necessary for providing a
legal water supply to the property described on Exhibit "A" directly, indirectly, or by way
of augmentation.
• Thal portion of the .Wendi Smith Reservoir First Enlargement water right decreed in
Garfield County District Court, Water Division 5 Case No. 00CW198 for 0.30 acre-feet
for augmentation, domestic, irrigation, and livestock watering uses that is necessary for
providing a legal water supply to the property described on Exhibit "A" directly,
indirectly, or by way of augmentation.
• That portion of the McVey Reservoir water right decreed in Garfield County District
Court, Water Division 5 Case No. 79CW59 for 13.0 acre-feet for irrigation and fish
culture uses that is necessary for providing a legal water supply to the property described
on Exhibit "A" directly, indirectly, or by way of augmentation pursuant to the plans for
augmentation decreed in Garfield County District Court, Water Division 5 Case Nos.
80CW359 and 00CW159.
• Those portions of the plans for augmentation decreed in Garfield County District Court,
Water Division 5 Case Nos. 80CW359, 00CW159, and 08CW12 necessary for providing
a legal water supply to the property described on Exhibit "A" directly, indirectly, or by
way of augmentation.
Page 1 of 4
Quitclaim Deed
Water Rights
Page 2 of 4
• All rights and obligations under that certain Water Rights Agreement filed as Reception
No. 759882 of the Garfield County Clerk and Recorder's Office.
• Colorado Division of Water Resources well permit number 75787-F and all rights to use
the well drilled pursuant to such permit.
• Any and all well permits issued to permit construction of a well to serve the property
described on Exhibit "A".
• The well and well structure constructed to serve the property described on Exhibit "A"
and any and all other personal property, equipment, hardware or infrastructure affixed to
or used in connection with said well.
• All pumps, motors, conveyance structures and any other structures and equipment related
to and/or used in connection with providing a legal water supply for the property
described on Exhibit "A".
• All rights of way and easements associated with the water rights appurtenant to, used on,
for the benefit of, or in connection with the property described on Exhibit "A".
with all appurtenances;
Signed this 7th day of January, 2015
GRANTORS
Pine I. land LLC
$y. " . 'len B. Smith, Me
7
her of Pine Island LLC
jr-2a4--:6>
By: I'<•mela D. Smith, Member of Pine Island LLC
(. ei' f,
cu en B. Smith, Individually and as Trustee of the
Calle B. Smith Family Trust
Fi
antcla D. Smith, Individually and as Trustee of the
Gallen B. Smith Family Trust
[Acknowledgement on following page]
Aller recording, return to: Kerst & Strautmen PC
823 Blake Ave., 4 202, Glenwood Springs, CO 81601
Quitclaim Deed
Water Rights
Pages of4
COUNTY OF GARFIELD )
)ss
STATE OF COLORADO )
The foregoing quit claim deed and assignment was acknowledged before me this 7th day
of January, 2015, by Gallen B. Smith and Pamela D. Smith, as Members of Pine Island, LLC
and Individually and as Trustees of the Gallen B. Smith Family Trust.
WITNESS my hand and official seal.
My commission expires;
1.
1
Notary Public
MARY apHEURI+CH
tvaf kPY PUBLIC
STATE OF CQLO ADO
NOTARY 10 #19974001054
My Cornwhoicri ex free May
22, 20i7
After recordii}�, return to: Kerst & Stia:rt:nan PC
823 Blake ! •.e., tl 202, Glenwood SpLinKs. CO 81601
Quitclaim Deed
Water Rights
Page 4 of 4
EXHIBIT "A"
LOT 7
COTTONWOOD HOLLOW SUBDIVISION
According to the Final Plat recorded October 1, 1984 as Reception No. 356154
COUNTY OF GARFIELD, STATE OF COLORADO
also known by street and number as: TJ3D Cottonwood Hollow, Carbondale, CO 81623;
Assessor's Parcel No. 239312302007
After recording, return to: tCerst& Strautman PC
823 Blake Ave., It 202, Glenwood Springs, CO 81601
895202 07126/2017 08:57:56 AM Page 1 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
RECORDATION REQUESTED BY:
Alpine Bank, A Colorado Banking Corporation
Alpine Bank Basalt
400 7th Street South
Rifle, CO 81650
WHEN RECORDED MAIL TO:
Alpine Bank, A Colorado Banking Corporation
400 7th Street South
Rifle. CO 81650
SEND TAX NOTICES TO:
ROGER B. ESHELMAN
AMELIA S. ESHELMAN
7378 COUNTY ROAD 100
CARBONDALE. CO 81623 fOR RECORDER'S USE ONLY
05 cLIszoI
CONSTRUCTION DEED OF TRUST
MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time 5365,000.00 except as
allowed under applicable Colorado law.
THIS DEED OF TRUST Is dated July 14. 2017, among ROGER 8. ESHELMAN and AMELIA S. ESHELMAN
("Grantor"): Alpine Bank. A Colorado Banking Corporation, whose address Is Alpine Bank Basalt. 400 7th
Street South. Rifle. CO 81650 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"):
and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"),
CONVEYANCE AND GRANT. For valuabio consideration. Gfantor hereby irrevocably grants. transfers end assigns to Trustee for 610
5000111 of London m Beneficiary all of Grantor's right, thin, and interim! in and l0 !ho following described real property, taget1ar wIth
all roosting or aubsoqunnlly erected or el!IKod buildings, improyomonts and fixtures; all easements, rights of way, and appurtenaneas;
all water, water rights and ditch rights tinntrufinp stock in utilities with dlich or irrigptlnn rights!: and all °that rights, rny,tllEns. and
hrnfrtv rulahng !u the moi piop,uty, Including without limitation AO minerals. Oil. gas, geothermal and similar mattals. (the `Real
Property") located in GARFIELD County. State of Colorado:
LOT 7
COTTONWOOD HOLLOW SUBDIVISION
ACCORDING TO THE PLAT RECORDED OCTOBER 1, 1984 AS RECEPTION NO. 356154, AND THE
AMENDED PLAT OF LOT 7. RECORDED JUNE 15, 2016 AS RECEPTION NO. 878426.
COUNTY OF GARFIELD, STATE OF COLORADO
The Real Property or its address is commonly known as TBD COTTON HOLLOW LANE, CARBONDALE, CO
81623.
CROSS -COLLATERALIZATION. fn addition to the Notu, this Deed al Trust snruros all obligations, debts and liabilities, plus rntmext
111 1000. tit either Grantor or Borrower t0 Lender, or any Ono or mato of thorn, as wail as all claims by Lander against BO 1001111 and
Granlol or any one or more of (hem. whether now existing or 'wearier orlsinQ, whether related or unroVehtd to the purpose of the
Hobe, whether voluntary or otherwise, wheihnr duo or nal duo, riiroct or ll>01rect, dotormined or undetermined, absolute Or conlingr•.OT,
IlyuWalud or unllyulduted, whnlhor Borrower Of Grantor may he 1.051e ladhxidually 0: j01015 101111 noters, vrnetller Ob11501111 as
guarantor. surety. acro rnmedalinn warty er Olharwle, and whether recovery upon such amounts may be or Wordier may become
barred by any statute of limitations, and whether Ihn obligation to repay such amounto may he Or horoaftor may handfno otherwise
uncolorceobld. II the Lander ,s required !0 give notice of the rlghl l0 Ca nein under Truth In Landing in connection with any utidllienal
bars, extensions Of credit and other liabilities or Wit/ado-no of Grsnldr 10 Lender. [hon this Deed of Trust shall not secure additional
loans or obligations unless and until such notice Is given.
Grantor presently assigns to Lander ielso known as Banollciaty In this Dead 01 Trust) all of Grantor's right, title. and Interest in and to
all presanl and Moro 4ona04 nl the Pro;lorty and ail Runts Iron, !ha Property. In addition, Grantor grants to Lender a Unilorm
Comrnarcier Code security inmost in tlw Personal Property and Rents.
THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY. IS GIVEN TO SECURE IA; PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL
OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE
SECURITY INTEREST IN THE RENTS ANO PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S
OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN SORROWER AND LENDER OF EVEN DATE
HEREWITH, ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY AT THE RELATED DOCUMENTS
REFERRED TO THEREIN. SHALL ALSO SE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN
AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S REPRESENTATIONS ANO WARRANTIES. Granter warrants that: 01 this Deed of Trust is ax00110tl at 0orrowor's
mews! and not at the rogues! of Lender; ih) Grantor has the full power, right. and authority to onto! into this Deed of Trust and to
hypelhecele the Pfopnrty; Icl the provisions 01 this Drool of Trust do not conflict with. Or result in a default under any ugru0mant or
other Ito lImunt blinding upon Grantor end do not roster In a violation 01 coy law, regsdadan, court ducmc or cedar applicable to
Grantor; WI Grantor has ostabllahed sdaquate manna of obloimng from Norr1wor on a continuing basis information about Borrowers.
Mancini condition: and bol Lando+ has made no representation to Grantor obou! Borrower !including without limitation lh0
creditworthiness of Borrower!.
GRANTOR'S WAIVERS. Grantor waives all rights 0r delensea arising by reason al any 'one action' or "anti.deliciarr0y" law, or any
ocher law which may prevent Lander trent bringing any nt:tinn ngninst Grantor, Including t1 claim for deficiency 10 the natant Lender is
otherwise ontilled to a claim ler 080101cncy, before co eller Lender's commencement or cornplotion of any ToroctCsuru action, either
judicially or by exorcise of a power of sale.
PAYMENT AND PERFORMANCE. Except as otherwise moulded In this Dond of Trust, Borrower and Grantor shell pay to Lender all
Indabicdness secured by this Deed of Trust as it becomes duo. and Borrower and Grantor shall strictly perform all their respoclive
obligations urdOr the Note, this Deed OI Trust, and the Helaine Documents.
CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage' for the purposes of Sections 9-334 and 2A 309 of
the Urrilorm Commercial Code, as those sections have boon ed0Plnd by the Stnte of Colorado.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and
use 01 the Property shall be governed by the following provisions:
Possession end Use. Until the occurrence of an Event of Delault. Grantor may 111 remain in possession and control of the
095202 07/26/2017 08:57:56 AM Page 2 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fos: $0.00 eRacorded
Loan No: 0560445201
DEED OF TRUST
(Continued) Page 2
Property: (2) use, operate or manage the Property; and 13) collect the Rents from the Property.
Duty to Nlalntain. Grantor shell maintain the Property in good condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Lewis. Grontor represents and warrants to Lender that: 11) During the period of Grantor's
ownership of the Property, there has been no use, generation, manufacture, storage, treatment, dispose), release or threatened
release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has no knowledge of, or
reason to believe that them has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach
or violation of any Environmental Laws, lb) any use, generation, manufacture, storage, treatment, disposal, rebase or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the
Property, or lc) any actual or threatened litigation ar claims of any kind by any parson relating to such matters; and (3) Except
as previously disclosed to and acknowledged by Lender in writing, 10) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on,
under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicsblo federal, state,
and local laws, regulations and ordlnences, including without limitation all Environmental Laws Grantor authorizes Lender and its
agents to enter upon the Property to make such Inspections and teats, at Grantor's expense, as Lender may deem appropriate to
determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be
for Lender's purposes only and shall not be construed 10 Create any rosponsbiliry or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein era based on Grantor's due diligence in investigating the
Property for Hazardous Substances. Grantor hereby 111 releases and waives any future claims against Lender for indemnity or
contribution in the event Grantor becomes liable for cleanup or other coals under any such laws; and 12) agrees to indemnify,
defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender
may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust ar aa a consequence of any
use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest
in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed
of Trued including the obllgoticn to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the )bon of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,
whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of nr
waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not
remove, or grant to any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, scoria, soil, gravel
or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's
prior written consent. Aa a condition to the removal of any Intpiuvainonts, Lender may require Grantor to make arrangements
snlisfaolory to Lender to replace such Improvements with Improvements of at beset equal value.
Lender's Right to Enter, Lender and Lender's agents and representatives may anter upon the Real Property at all reasonable
limas to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and
conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with ell laws, ordinances, and regulations, now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property Grantor may contest In
good faith any such law, ordlnenre, nr regulatinn end withhold compliance during ono proceeding, including appropriate appeals,
so long es Grantor has notified Lender in writing prior to doing so and so long as, in Lender's solo opinion, Lender's interests in
the Property are not jeopardized. Lender may require Grantor to poet adequate security or a surety bond, reasonably satisfactory
to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Properly. Grantor shell do all other acts, in addition
to those acts sat forth above it' this sucliwn, which front the character and use 0) the Property are reasonably necessary t0
protect and preserve the Property.
Construction Loan. If some or all of the proceeds of the loan creasing the Indebtedness are to be used to construct or complete
construction of any Improvements on the Property, the Improvements shall ba completed no later than the maturity date of the
Note (or such earlier date as Lender may reasonably establish) and Grantor shell pay In full all costs and expenses in connection
with the work, Lender will disburse loan proceeds under such terms and conditions es Lender may deem reasonably necessary to
insure that the interest created by this Deed of Trust shell have priority over all poselblo liens, including those of material
suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills,
expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably
request.
DUE ON SALE . CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payable all sums secured by
this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any
interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Reel
Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale
contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease -option contract, or by sale,
assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of
conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by
federal law or by Colorado law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Dead of Trust:
Payment. Grantor shall pay when due lend in all events prior to delinquency) all taxes, spacial taxes, assessments, charges
)Including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims
for work done on or for services rendered or material furnished to the Properly. Grantor shall maintain the Property free of all
liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments
not due and except es otherwise provided in this Dead of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over
the obligation to pay, so long as Londor's interest in the Property is not Jeopardized. If a )ban arises or is filed as a result of
nonpayment, Grantor shall within fifteen 11 5) days after the lien arises or, If a lien is filed, within fifteen 11 5) days after Grantor
has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lander cash or a sufficient
corporate surety bond or other security satisfactory to Lender in an amount eufllcient to discharge the lien plus any costs and
attorneys' foes, or other charges that could accrue as a result of a foreclosure or sale under the ken. In any contest, Grantor
shell defend itself and Lender and shall satiety any adverse judgment before enforcement against tha Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished In the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
assessments and shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the
taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen 11 5) deye before any work is commenced, any services are
furnished, or any materials are supplied to the Property, if any mechanic's lien, meterialmen's lien, or other lion could be asserted
on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurancao
895202 07126/2017 08:57:56 AM Page 3 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
Limn No: 0560445201
DEED OF TRUST
(Continued) Pape 3
satislactory to Lender that Grantor can and will pay the coat of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Malntenwree of hgwance. Grantor elute procure and maintain polioses or fire fnaurenee with atatulard extended cavemen
arworsements an a raplbcamarll Wein ler the 11 Maurable value covering all improvements on the Reel Property In en amount
/lullicium( 10 avoid implication Of any coineurande clause, and with a granderd mortgagee clause in favor of Lender, logethei with
such oilier hazard and hebillty inaurence ea Leder may rnaeonatlly require. Policies shall he written In lorm, amounts. coverages
and b0111a /amenably acaaptable to Lender rime Issued try a company or campanina r0aaanehly acceptable t0 Lender. Grantor,
u pon request 0! Lender. will deliver to Lender Irani lime to time the pada% Err Certifk0tee of insurance In form 0e1101801ory to
Lander. Inducting atipuletiona 1001 coverage's will not be cancelled or dlmintsltnd without at toast thirty 13O} daya prior written
notice 1a Lander. Each Insurance policy oleo ,'hall include an endorsement providing that coverage in favor of Lander will not be
impaired in in. way by any net, omission or delaalt of Grantor or any other parson. Seated the Pure Property bo teemed In en
area Iloaigr4'ted by llia Adeenisrrater of the radars! Emergency Management Agency as a special lewd hazard area, Grantor
agrees i0 ahtnin and maintain Federal Fined Insurance. 0 availebte, for the full unpaid principal balance of the wen sod one prler
lions on the property aecwire the loan, ua to the maxlmunt policy limits out under the Notional Freed Insurance Program, or as
otheewlsu roquifed by Lender. and le maintain such Insurance for the term a1 the lean.
Application et Proceeds. Grantor shall promptly notify Lender of any less err damage to the Properly. Lender may maid proof of
loss i1 Grantor rails to do so within hlteen 11el. days of the casualty- Whether or nut Landers security is impaired. Lander may.
at Lender's 010011on, receive and retain Me proceeds of any insurance and apply the proceeds to the reduction of the
Indebtedness. poymeris of any lien affecting the Property, or the restoration and repair or 1110 Properly. I! Lender elect's to apply
the eroeted0 t0 maturation end repair, Grantor abed repair or replace the damaged or doeirOyed Improvements in a 11usrinar
sadsl0Ii 10!y tD Lander. Lunder shall, upon satislactely Proof al such oxpandilure, pay or reimburse Grantor learn the eroc1Ws for
the reasonable cast of repair or reslorofion if Grantor le reue in default under this Deal el Twat. Any proceeds which haver nal
been disbursed within In pole after their receipt and which Lender hes not =remitted In tee repair nr reatora1inn of the
P roperly shall be used 141111 10 pay oily amount Owing to Lender under ihda Deed 0! Trust. shun 10 pay accrued interest, and the
remainder, if any, shalt be Whet) to lee principal batande of the lndebiednOOS- t1 Lander holds any proceeds alter payment in lupe
oI Ihu frxteblednees, arch proceeds shall be pied to Grantor es Granror'S interest,' may apacer.
LENDER'S EXPENDITURES, 11 Granter tads AlIle keep this Prop -arty tree of n11 100es, pians. aocurily Intorosts, encumhrnnces, and
ether claims, 1111 te provide any required ineurence on the Property. or IC} to make repair's to the Property then Lando, may 00 so.
11 any action err proceeding is commenced 'hal would moter}orly alfecf Lender's Ms/netts 1n the Property, 'hen Lemke an Granrur'x
br:halI may, true le not required to, lake any ac100 that Lender behaved 'D a0 appropriate to protect Lender's interests. All bxp0ns9S
incurred eir paid by Lender for such purposes will then boar interest et the rate charged under the Note from 1410 41110 lncurrod or paid
by Lender 10 the dee nr rapaymOnl by Greeter An talo expenses will Weems a pan al oho Indabledrwlle and. at Lenders option,
W111 IAl be payable on demand; 1B1 be added to the balance oI the Now and be apportioned nmOng end be payable with any
inetallrnunt payments to became due during either 111 the term of any applicable Insurance peke; or 121 the remaining term of the
Nolo; or fel be treated au a trillium payment which wIg be due and payable et the 100te'e maturity. The Deed 111 Trust also will
aut:ure payment of these amounts. Tho rlghta provided for in Ibis paragraph shell be In addition 10 any other rights or any remedies 10
which Lender may be entl'I40 en account ut any Jalault. Arty 50011.0140n by Lander shall not 00 construed iso curing 1h11 defeuir so as
to bar Lender Irom any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor w errenls Mae tel 6171ntor holds good and merkatabla tiler of record to the Properly in fee simple, free end clear of
all lions and encumbrances other Then thane sol forth in the Real Property description or In pay Ii1d0 .nsurenc0 'uliuy. lido report,
or linsl title opinion rasrxrd Irl favor of, end accepted by. Lender in cunnectlen with this Dodd 0l Trust, and fie Grantor has the
lull right, power. end authority 10 csweura and deriver this Deed of Trull to Lander,
Defense of Title. Subject to 1110 exception in the paragraph above, Grantor warrants and will forever defend too title to the
Property ageinat the luwlul claims of 01 persona fn the event any 0014011 a1 proceeding is commenced !ha' queetiores Grantor's
title or the internal of Trustee or Lender under this Deed of Trust, Grantor shell defend lee ocean et Grantor's expense. Grantor
may he the neminel pony in such procaading, but Lender shall be entitled to participate in the proceeding and to be represented in
the pracaedltrry by counsel of Lender's own choice. and Grania1 will deliver, or cause to be delivered, to tender such inslrumOnls
OS LonUOr may requ0st tram time t0 time t0 permit such participation.
Compliance With Lawa. Grantor warrants that the Property and Grantor's use of the Property complies with all existing
applicable lows, ordinances, and regulations of governmental authadties.
Survival of Promisee. All premises, ogroomo'1ts, end statements Grantor '05 moria in this Deed of Trust shall survive the
execution and delivery of this Dead of Treat, sheep be continuing in nature and shell remain in lull force and effect until such time
as Borrower's Indebtednoas is paid in full.
CONDEMNATION. Tha following provisions relating r0 condemnation proceedings are a part of this Deed of Trust:
Proceedings. 11 any preceedIng in u1ndaumatiun is lihrd. Grantor aholl promphty natily Lender M writing, end GrenH1r /half
promptly 10x9 such atopy to may bo nnceasory to defend rho ocean end obtain the award. Grnnlvr may 1w the neminei perly in
such prorn4ding, but Lender shall be 001,1 vd 10 participate In the proceeding and to he raprOICnlael In 111A tlracnailing by 01lurteet
0r ifs nlyh choir.0. and Grnnl]r will deliver or rause 10 be delivered 10 Lender such InSIrurneree and documunlati0n as may be
requested by Lender from time to time to permit such participation.
Application of Net P1000ade. if all or any part 01 the properly i9 condemned by eminent dumein p'OCeudln90 Or by 1111 proceeding
or purchase 111 lieu el COrWamnhlio'1. Lender m'ly s! Ilk election roeuire than alp al any portion Or the net p11Crind:1 of 1110 ,'mete be
applIOd to Ing Indebtedness or the repair Or fester0Nan of the Properly. The net preceede Of the awded shall meen the award
after payment ni ad rensdnshlte caste, expenses. end attorneys' lees Incurred by Trustna nr Lender in eanneulit1n lune Ma
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes, fees end charges area part of this Deed of Trust:
Currant Taxas, Fees and Charges. Veen 1948051 by Lander. Grantor ahtel execute such documents i1 addition to this Dead al
Trust end Inks whatever 01001 Action is requested by lender to podect and continuo Lender's thin an the Real Properly. Graeae
shall reinlhuren Lender fill afi Mime, as described below. heather with all expenses Incurred to recording, perfecting or continuing
time Deed al Trust, including without hmilbtiarl 011 Marie. 14100, doconlantary stomps, and other eherges for wording 44 or renistering
this Deed of Trust.
Taxes. The following shall con0I1tutc mos to +which this etetio0 applies: 11) o specific tote upon Ibis type 01 Deed el Trust or
upon all or any port of the Indubrolhlcde Oncurod by this Deed of Trust; 121 a apecilec tax 0n Borrower which Borrower is
uutharized Or required to deduct from payments on the Indebtedness secured by del type tsf Deed of 1'us1: (3) a tax 0n this
type of Deed of Trial chargeoblo against rhe Lender or 1110 balder of 1110 Nota; and id! a SpeOilic tax on all or any portion al the
hldebtudnesa err en payments of principal and interest medo by Borrower.
Setweeaanl Texas. If any 100 l9 which this Suction applies is enacted eubsequant to end date of thea Deed 01 Truer, thin oven!
'shell hover the same effect as an Event of 0nfevil, and Londar may 11x010.80 Any 10 ell of ire evsileble remedial ler an Event 01
Default 0a provided below unless Confer Dither 01) peva the tee below It baae111te delinquent. or l21 100180ts the lax 0x
provided 01x)vll i'1 the Truces and Lima necuan end deposits vele Lender cash to a sufficient rarllalaie surety pond or other
895202 07/20/2017 08'57'50 AM Page 4 of 7
Jean Alberico, Garfield County, Colorado
Roc Foe: $43,00 Doc Fee: $0.00 eRecorded
Loan No: 0560445201
DEED OF TRUST
(Continued) Page 4
security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS, The lolkowing provisions relating to this Deed of Trust as a aacudty agreement
ere a port of (hie Deed of Trust:
Security Agreement. This instrument shall conatilute 0 Security Agreement to the extent any of the Property constitutes fixtures,
and Lender shall have all of the rights of a mewed parry under the Uniform Commercial Code es amended from time to time.
Security Interest. Upon regttreat by Lender, Graneor shall lako whatever ether es requested by Lander to porlene end continuo
Lender's security interest let the Portional Property. In midterm to recording this Deed of Trust In the real property records. Leader
Ferry, et any time and without bather oulhoriontlon from Grantor. IHe extrema! counterparts, copk0a or reproductions of lhls Deed
of Trust as o financing statement. Grantor shalt reimburse Lender lor 011 expenses Incurred In perfecter.; or 0ontknulne this
securtsy interest. Upon dolauh, Grartlor hall net remove, saver or detach the Porsenel Property from the Proporty. Upon default.
Grantor shalt exoomble any Personal Property not affixed to !ho Property inn manner end at a plata reasonably ceevenlanl 10
Grantor end Londe, and make it svailablo ro Lertdar within throe (3). days offer receipt of written demand from Lender to the
extant permitted by applicable law
Addresses. The mailing addresses of Grantor !debtor! and Lender leecurod party) from which Information c0ncemene the aoeurity
intertal granted by this Dead of Trust may be obtained (each os required by the Urifntm Commercial Carla) ate as slated on the
first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions reioting to further assurances and attorney-in-fact are a part
of this Deed of Trust:
Further Asawanoes. Al any time, and from time to time, upon squeol of Lender, Grantor well make, execute and deliver, on will
souse to bo made. executed Or delivered, to Lender or to Lender's erasignuo- and when rrttguaat0d by Lender. come to be Bled.
recorded. rallied, or rerecorded, os the ease may be, et such litres and in such offices and peecee as Lender mny doom
appropriate, any and old such mortgages, deeds ol trust, security deeds, security agreements. linare:mg statements, eantInuetien
ylateinente, Irretruments oI teether assurance, certiflcoIOa. end other documents 05 may. ire Oar soiu opinion ul Lender, be
necessary Of desirable In order ro ollectuate complete. perfect, continuo, or preserve 111 Rnerower•n and Gfuntues 0bilgetlutta
tinder the Notn, this Deed 00 Trust, and the Reintne Decnmenls, and 0.) the Ilene and security Inlercats creared by this Deed nl
host es firer and prior klens on the Prepnfly, whether now awned or harealtar ecquired by Grantor. Unless prohibited by low or
Lender egroes to the contrary in writing, Grnnlor shall reimburse Conder for all cosec and expense& incurred in rannoclion with
the matters referred to in this paragraph.
Attorn.yin•Fact. 11 Grint0r faits to do any of the things referred to in the retreading paragraph, Lender may do se tor and In the
name ol Greni0r end et Grenlor's expense. For such nwpoaos, Grantor hereby Irrevocably 'appoints Lender as Granldr'S
attorney-En•lacl tut the purpose of making, oxacuring, de)Iyn11lOj. Bring. rwwprhog, and tiring at other things as may be nae0Ssefy
or doneobto. In Londors 8010 0010000. 10 aC4011101 h 1110 MMIMna Marred to In the preceding paragraph.
FULL PERFORMANCE, Upon the lull lxrrforrrience of 011 1h0 yhtigalions under the Nese and thin Deed of Trust, Theme may, upon
production 01 documents and 0009 ns required under appleae1710 law, release this Dead ol Trust, and sueh release shall constitute a
release ol the lien for all such addlrionel sums and eepv+xlk(ures made pursuant to !hie Deed of Truer. Loner agrees t0 000110/010
wllh Grantor in oblerning ouch rol0asa and rol03skrt9 the other eotatarul sawing the lndeblndnees. Any release lees teetered by law
shall be paid by Grantor, if permitted by applicable law.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following happen:
Payment Default. Borrower falls to make any payment when due under the Indebtedness.
Break Other Promisee. Borrower or Grantor breaks any promise mode to Lender or foils to perform promptly at the time and
strictly in the manner provided in this Deed o1 Trust or in any agreement related to this Deed of Trust.
Compeeneo Default. Failure to comply with any other term, obligation, covenant or condition contained In thea Deed of Trust, the
Note or in any of the Related Documents.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or
insurance, or any other payment necessary to prevent filing of or to ailed discharge of any lien.
Fofee Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or
Granroret behatl under this Deed of Trust or the Rotated Documents in anise ol misleading in any material respect, either now or
at the time mado or furnished.
Defective Colleterelization. Thea Deed of Treat or any 01 the Related Documents cornus to be in full force and effect (including
I0,ture> of any collateral document to creole a valid and perfected security Intermit er Neel at any lime and for any reason.
Death or insolvency. Tho death of Bornevrar Of Grantor, the insoMrncy 01 Borrower ur Greet.. the appointment of a receiver for
any port of Dorrower's or Grantor's property, any assignment for the benefit of creditors. any type of creditor workout, or the
commencement al any proceeding under uny bankruptcy Co Insytvency !ewe by or [menet Borrower or Grantor.
Taking of the Property. Any rummer or governmental agency trigs to tak0 any o! the Property or any other of Borroweee on
Grantor'o property In which tender hes a lien. ThLt includes totting of, porniabin0 of or levying an Borrower's or Grantor's
accounts with Louder. However, If Borrower or Grantor &ermine In quad With wlxelhor the rinim on whlrh 1ho laking or the
Property is tweed to Velld Or retraceable., and I! Borrower or Grantor gives Lender written notice o1 11w claim end lurniehpa Lender
with monies or a surely bond sali610et01y to Lender to misty the claim. then this detain[ previ5000 will not rpply.
Broach of Other Agreement. Any breach by Burrower er Grantor tender the tame n! any other agreement between Borrower or
Grantor And Lander that is not remedied within Orly grace period provided therein. knc)udime without limitrlion any agreement
concerning any indib(adnass or other obligation o1 Borrower or Grereor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding elrent occurs with rospoc1 to any Guarantor of any of the Indebtodnoee or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity ol, or (lability under, any Guaranty of the
Indebladnaee,
Insecurity. Lender in good faith believes Itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. Subject to any ippllcoble notice and cure provisions under Colorado law, if an Event of
Default occurs under this Deed al Trust, et any time thereafter, Trustee or Lender rimy exercise any new or more of the fallowing
rights and remedies:
Elactlan of Remedies. All al Lender's rights and remedies will be ournutuliye 000x1 mr0y be exercised alone or together. An utecikln
by Lander to choose any ono remedy wet not bar Lender Ilam using any other remedy. EI Lender decides to spend money er to
perform any of Granter's abtegotions under this Deed o1 Trust. aper Granter's failure to de so. that decision by Lender will not
alien Lnndar'& right to declare Grantor in default and to exercise Lender's remedial.
Accelerate Indebtodness. Lender shell have the right at as option to declare the entire Indebtedness immediately due and
payable, including any prepayment penalty which Borrower would be required to pay.
Foreclosure. Lander snarl bevy the right to crump an or any part of the ileal Property, and Personal Property, if Lender decides to
proceed 0geinat it as if it were real property, to bo sold by the TruStee aucurding to the lows of gm State oI Colorado es respects
fareceosure0 against real property. The Trustao shell give name in accordance with the laws of Colorado. The Tnuldea shalt
895202 07/26/2017 08:57:56 AM Page 5 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
Loan No: 0560446201
DEED OF TRUST
(Continued) Page 5
apply the ioocpads of the nate in the lollowing order: l0) to all cols and expenses of the sale, including but not limited to
Truman's fees. attorneys' Mes, and the cost of title evidence; (bk 10 5g sums secured by this Deed of Trust; and lc) the excess,
if any, to the person or persons legally entitled to the excess.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a
secured party under the Uniform Commercial Code.
Castel Rants. Lander elute here that right la lake possession of and manage the Properly and collect the Renis. Including
amounts pea( Blue aril unpaid, Ord apply the not proceeds, over and above tundor'a costs, agaonsS the Indebtedness. In
turtheronce of this right. Lender may require any teem/ w other user of the Properly to make payment% of rent or use feoc
direelt0 to Lender. II the Renter are collected by Lender. Ihen Grantor irruvocolby deeignaten Larder es Grentor'5 ellornoyindact
to endorse Instrument% received in payment thereat in the name of Greeter and le negeli0t0 the Stem and coltec1 lie pleceed5.
Peynlerlts by leemas or ether users to Lender In rnapomals 011 Lender's damerel shall satisfy the obllgatlons for which the
payments aro made, whether or not tiny preps+. grounds for the demand Belated. (.under may exercise its rights under (hie
subpnragrnph either 61 parson. by agent. or Morsel 6 receiver
Appoint Receiver. tender shall have the right to have a leceieer appointed to lake 8055asa1014 of all ur any pent 01 the Probang.
040h the power to protect end preserve the Properly. to operate fie Prepe0ty preceding loroclosure or silo, and to collect the
Runts Tram are Property and apply the proceeds, over end shave the coal el the reenlverahip, egelnat Ire Indebtedness. Tho
receiver may servo without bond 11 peemettod by law. LOnder's right to Fila sppoinlment Ola receiver shall exert whether or nor
the app:uent value of rho Properly exceeds the Indebtedness by a subetenllet am0Lnt. Emj1oyme6t by Lander shoe ndl AIM/606N
a person Irani serving as n receiver. Receiver may bo appointed by a court or competent iteisdicllon upon ex parte application
and 0vitfwul rxtl1ae. nullyn In4ing 0105101410.10 wurvud-
Tenancy of Sufferance, If Grantor remains in posaossios Of the Properly after the Property is sold es provided ol1ouu or Lender
otherwise becomae entitled 10 00601551011 .1 the Property upun dufeull of Borrow6r or Grantor, Grnnlor retail become a tenant at
sulforanee of Lander or the purebasat of 44111 Properly and shall, at Lender's option, either Stl psy a reeeonable ranlat for The axe
of the Property. or 1ZI vacate the Property immediately open Mu demand of Lender.
Other Remedies. Trustee or Lender shell have any other right or remedy provided in this Deed of Trust or the Note or available et
law or in equity.
Sala of the Pe/party. In exercising its rights and remedies, Londe/ shell be free to designate an or before It Mee a nollce of
election and damned with the Trustee, Mar the 1r1194e12 snit oil or env part of the Plupnrly together or separately. le ane solo o, by
separate 65165 (.4411+101 shell be entitled le bid at any pubNc sate on gel or any portion of lhu Properly. Upon any stet of tho
Properly, whether made under is power 01 sate granted in the; Deed of Treat or plrreuenl to judicial proceedings, 11 the holder 01
the Note 15 a purches51 at such Belo. it shall b0 entitled so use arid apply all, o1 any pester of, the lndabtednesa for Or In
settlement Or payment 01 all, or any pal1een of, the puncheon price of the Property purchased. and. in such came, this Deed of
Trent, Tho Nate. 0611 any documents evidencing 61(006dlturas secured by this Dead of Trust shelf be presented to the person
cunduciing the sate in seder that the: mecum o1 ln,lutledneee SO used Or applied may be credited thereon os having been paid.
Attorneys' Foes: Expon5oe. 11 Lender 11+8010080 or institutes any 9uit or active to amerce any 0f IAL' teems 01 Dale Deed of Trust,
Lendor shall be Omitted to recount Birch mum as the coon may :IdiudOe eaasdnable as attorneys' feoc of Mei end upon any appeal,
Whether or not any evert amine is involved. end to the extent 0401 prohibited by law. oil reesan4tle expenses Lender incurs that in
Lender's 1104 (111 art nocossaty at Orly limn for the protection of Its Interest or the enforcement of its regent% ea became is part of
the Indchlld1ess payable on dcmanol rind shalt hear interest 0t the Nola 0010 1001.1 the date of the expenditure until repaid.
Expunion covered by Mit paragraph lrreludu, welhoot limitation, hewaver 6u60tI 10 any Ie erie under rippliaable low, Lender's
attorneys' teen wh0ther 01 net there is a /orison, Including etternpye' team and expanses for bankruptcy proceedings ilneluding
0110,1s to m0dlfy Or vacate any eutarnatic clay or injtrrlcllorll, appeals, end any anticipated poeel ldgmenl collecllsn services, the
cost of searching re0arda. oblairen5 tette reports tire:Iodine lorccloe+lre mooing/. 0urveverie 0050110, and eppeeksal fees. 111111
lrt5ultn06. and Iee9 far the T1651e0, to the eeten1 permitted by applicable law. Granter 6100 wit) pity any court casts: In addition
to all other sums provided by law.
Rights of Trustee. To the extant permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth
ler this section,
NQTiCES. Any notice rammed 141 be given under 11140 Deed of Truer, I01434din9 wilhaul limitation any malice of 041110111 and any notice
el solo shall be seven In wrieng, end (shall be olfectivu when actually delivered, ween actually received by lalu10usemile )unless
otherwise required by Iawl. when depeSited with a narelnalty recognised overnight courier, of, if malted, when tlemesoted In Mt United
Status mall. es first class, certified or registered mail postage prepaed. dk eeled to the addresses shown near rho beginning 01 this
Deed 01 Truer. All copies ul notic0a 01 foraetonere born the holder u1 Orly lien wheel has 411151(4y 1440444' 015 Deed of Trust 'hell be sent
TO Lundar'e eddrees, as 010010 ro130 the beginning of this Deed el Trust. Any parson may change his or her eddrees for n40cee under
;hex Deed 01 Trust by giving Memel written notice to tae other person or omens, specifying that the purpose of the nonce is to
chorea Ow peraoh's eddrose. For notice ourpoeee, Grantor agneas to keep Lender informed at all times of Grantor's CUOMO address.
Untess otinelwiae Weeded nr required 4y low, i1 there is mare Than one Grantor, arty notice given 170 Lenten 05 any (5,001100 i1 domed
to hn nudce given to all Grantors. 11 will tor Gmnror'n reepoosibelily to 1611 the others ul the neliee frorn Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust;
Amendments. Weal is written In this Decd of Trust and in the Related D0clrmente 7s Grantor's entire agreement with Lender
re -lemming rhe maws covered by thke Deed of Trust. To be effective. any ch0ng0 or amendment to this Diehl of Trust mo,st be
u, writing end most to 144jnod by whoever will be bound or obllparnd by Iha thenge or amendment.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and ere not to be used to interpret
or define Me provisions of this Decd of Trust,
Merger. There ohne be no merger of the inler051 or estate created by this Deed of Trust with any other interest or estate in the
Property at any rime held by or for the benefit of Lender In any capacity, without the written consent of Lender.
Governing Law. This Deed o1 Trust will be gev0rned bo federal law ap0)80ble to Lander and, to the extent not preempted by
federal law, the laws of the Stale of Colorado rri1hvut 1101)14111 to iia conflicts of law provisions. Thee Deed of Trust has been
accepted by Lendor in rho State of Colorado.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit l0 the jurisdiction of the courts of Eagle
County, State of Colorado
Joint end Several Liability- All oblleatiun5 of Borrower and Greeter under this Deed 01 Trust shod be Joint end seoersl, and all
relerances to Grantor shell matin path erre every Granter, and se references le %neewer shall moan each end every Borrower.
This mums that each Granter signing below is responsible for all obligations in there Deed of Trust.
No Walvor by Lender. Grantor urderoten de Lendor will not give up any of Lender's eights under this Clued of Trust urdess Sender
does so lot writing. Tho feel that tender deleya ter omits to exercise any 1141(11 will not moon that Lender hay gores up Ihat right
If Lendor does agree In writing to give up one 01 Lender's rights, that dors not mann 04511107 w11 001 have le (:00447!0 wil11 the
011101 provisions of this Deed of Trust. Granter also underolarxle Iha1 i1 Lendor does cement to 01quesl. thnl does not moon
Mel Grantor will not have TO got Lendor's consent nein II tee situation happens again. Granter further undotatanda [flat just
because Lender consents to one o0 more 01 Glamors requests, that doer not moon Lendor wilt bo required 10 melee) 1u any of
0100101'(1 luture 4151u0004. (514101111 wae0000 p0050n161e61. 66,116111.1 101 payment. protest. and notice of dfstonur. In 1015 OVUM
895202 07/26/2017 09;57:56 AM Page 6 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
Loan No: 0560445201
DEED OF TRUST
(Continued) Page 6
Lender institutes legal process to obtain possession of the Property end to the extent permitted by law, Grantor hereby knowingly
and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of the Property.
Grantor waives all rights of exemption from execution or similar law in the Property, end Grantor agrees that the rights of Lender
in the Property under this Deed of Trust aro prior to Grantor's rights while this Deed of Trust remains In effect.
Severability, if a court finds that any provision of this Deed of Trust Is not valid or should not be enforced, that fact by itsell will
not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Deed of Trust even if a provision of this Deed of Trust may be Lound to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Deed of Truer on transfer of Grantor's interest, this Deed of
Trust shall be binding upon and inure to the benefit of the parties, their successors end assigns. If ownership of the Property
becomes vested in a person other than Grantor, Lender. without notice to Grantor, may dao) with Grantor's sucoeoaors with
reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Grantor front the
obligations of this Deed of Trust or Ilebility under the Indebtedness.
Time IN of the Essence. Time ie of the essence In the performance of this Deed of Trust.
Waive Jury. All parties to thia Dead of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim
brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of
the State of Colorado as to ell Indebtedness seoured by this Deed of Trust.
DEFINITIONS. The fallowing words shall have the following meanings when used in this Dead of True11
Beneficiary. The word "Beneficiary" means Alpine Bank, A Colorado Banking Corporation, and Its successors and assigns.
Borrower. The word "Borrower" moons BENJAMIN J, ESHELMAN and includes all co-signers and co -makers signing the Note
and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" moan this Deed of Trust among Grantor, Lender, end Trustee, and includes without
limitation ell assignment and security interest provisions relating to the Personal Property and Rents.
Environmental Laws. The words "Environmental Laws" mean ally and all state, federal and local statutes, regulations end
ord'inantes relotine Ea the protection el human refold' ur the environment, Including withrlut limitation the Comprehensive
Er:'lrermantol Response, Compensation, and Liebillty Act of 1000, as emended, 42 U.S.C. Section 9001, el seq. 1"CERCLA°I,
the Supertund Amendments and Reauthorization Act of 1906, Pub. L. No. 99,499 I"SARA"1" the Hazardous Malnriele
Trensporretton Act, 49 U.S.C. Section 1801. et seq., the Resource Canserentlen and Recovery Act. 47 u.S.r,. Snr.ilnn 801'11. al
seq., or other applicable state or federal laws, rural', or regulations adapted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events o1
default section of this Deed of Trust.
Grantor. The word "Grantor" means ROGER B. ESHELMAN and AMELIA S. ESHELMAN.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or
part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that because of their quantity, concentration or
physicnl. chemical or Inlertious characteristics, may course or pose a present er pnlantiel harard to human health or the
environment when improperly used, treated, stored, disposed of, generated.. monulerlured, transported or otherwise handled.
Tho words "Hazardous Substances" ere used in their very broadest sense and include without limitation any end all hazardous or
toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances"
also includes, without limilallwi, petroteuni and petroleum by-products or any fraction thereof end asbestos.
Improvements. The word "Improvements" means all existing and luture improvements, buildings. structures. recreao home
affixed on the Real Property, facilities, additions, replecomento and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the
Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for
the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses
Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts
as provided in this Deed of Trust. SpocificDBy, without limitation, Indebtedness includes all amounts that may be Indirectly
secured by the Cross -Collateralization provision of this Deed of Trust,
Lender. The word "Lender" means Alpine Bank, A Colorado Banking Corporation, Its successors and assigns. Tho words
"successors or assigns" moan any person or company that acquiree any interest in the Nolo.
Note. The word "Note" means the promissory note dated July 14, 2017, in the original principal amount of
S365,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of. refinancings of,
consolidations of, and substitutions for the promissory nose or agreement. The maturity date of the Note is July 14, 2018.
NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Properly- The words "Personal Property" mean all equipment, fixtures, and other articles of personal properly now or
hereafter owned by Grantor, and now or hereafter attached or affixed to the Reel Property; together with all accessions, parts,
and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds tincluding
without limitation ell insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" moan the real property, Interests end rights, as further described in this Deed of Trust.
Rotated Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements,
environmental agreements, guaranties, security agreements, mortgages, deeds al trust, security deeds. collateral mortgages, and
all Other Instruments, agreements and documents, whether new or hereafter existing, executed in connection with the
Indebtedness.
Rents. the word "Rants" means all present and future rents, revenues, Income, Issues. royalties, profits, end other benefits
derived from the Property.
Trusted. The word "Trustee° means the Public Trustee of GARFIELD County, Colorado,
895202 07/26/2017 08:57:56 AM Page 7 of 7
Jean Alberico, Garfield County, Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
Loan No: 0560445201
DEED OF TRUST
(Continued) Page 7
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES
TO ITS TERMS.
GRANTOR:
STATE OF ` tiLirl,7l.�
COUNTY OF
INDIVIDUAL ACKNOWLEDGMENT
SS
On this day before mo, the undersigned Notary Public, personally appeared ROGER B. ESHELMAN. to me known to be the individual
described in end who executed tho Dood of Trust, end acknowledged that ha or she signed tho Dead of Trust as his or hor Irco and
voluntary act and deed, for the uses and purposes therein mentioned.
Giv u der my hand rd allicid seal this j { day of c.11i 1. V) • 20 ?Cr i 1 •
BY .,{/.Yi . i�—f Residing at Bl}AL+tx
Notary Publlo in and for the State 01 ({2f.001 11'fh'2 My commisalon e- re ; 4
ELL
NOTARY PUBLIC
STATE OF COLORADO
M;r C^mndsaon E>'pxcs May 15, 2021
1.16 'LitiDSEY H. LATHRCP-ALM sr
Nolary Public 1
Slate of Colorado
NolarytD29. pg�c16329
b1y Cornmissi;,i 2 17
On ltd. day Ixulora mo, the vridorslgrwd Nutery Publir:. purnonolly supreme AMELIA S. ESHELMAN, to mo known I0 be Ira rndividuoi
described .n and ware axacotcd the Oeed el Trust. end acknowledged that he or she signed the Dead of Trust as his or her free end
voluntary ACI and dead. 101 The Uses end purposes minelo montl000d. --1
Given under my hand and official seal this day of y►�I. _ . 20 11 .
6y Residing at 131 ffl t Pr ve, BRSft. 17 C 0
My �LI.L'r .5., O1'i ti
Notary Public in and for the State al CQt-C20 M commission aspires
STATE OF CL V 0
INDIVIDUAL ACKNOWLEDGMENT
1 SS
COUNTY OFef:IC=tL°
LINDSEY 1 • a • AL1A
Clary Public
Originator Names and Nationwide Mortgage Licensing System and Registry IDs: Slate tI Colorado
Nolary IC 20134046529
Organization: Alpine Bank, A Colorado Banking Corporation NMLSR ID: 414674 M1 CammtSsisn Expires Jul 25, 2017
7:
Individual: Yuoni RubNMLSR ID: 458872
l dserPro. Ver. 16,4.0.017 Doli, D•. If USA Cari:o'rtion 1622. 2017. All Rights Renamed. • CO C:uAscnrnatcri straT
T6•69278 PR -215
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")26.• 2 fhl-J
2,0 C ,T /Y -A -2/6-2t.) Ls1c5 c',01,215 -A20/726; W. 8/6.23 agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
7
CO 74 u6 ( '1�5W LO 7
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person ce- ,.1= ,n"/ Phone: (%7Q) ,w3' Qc 5c
Billing Contact Address: 7 ?7 ? C, /e)®
City: D/9ZE-
State: CO Zip Code:
Billing Contact Email: Izf �2_/ii'e"J
Printed Name of Person Authorized to Sign: / g .23//22e1/. 1
(Signature)
(Date)