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HomeMy WebLinkAbout1.00 General Application Materials CIVIL ENGINEERING, LAND SURVEYING & BEYOND 923 Cooper Ave #201, Glenwood Springs, CO 81601 | (970) 945-5252 | bu-inc.com 1 December 17, 2024 Garfield County Community Development Attn: Glenn Hartmann 108 8th Street, 401 Glenwood Springs, CO 81601 RE: Tract 3 and Tract 4, A. O. D. Amendment No. 1 To Whom It May Concern: On behalf of John and Georg Ann Jewell, we are reconfiguring the above-mentioned tracts. Most of the Antlers Orchard lots are 1/64 of a section, 10 acres, plus or minus. Both of these lots were less than that, due to the 1909 owner not owning the property north of the Farmers Irrigation ditch. New Tract 3A is 13.382 acres and 4A is 10.278 acres. Per Section 5-305 of the Garfield Land Use and Development Code (GLUDC) the plat amendment 1) does not increase the number of lots, 2) does not result in a major relocation of a road or add any new roads and 3) there are no corrections for technical errors such as surveying or drafting errors. Access, setbacks to existing buildings, existing drainage patterns or flows, water supply, utility services and On-Site Wastewater Treatment Systems are NOT affected by this plat amendment. Because the are not affected by this amendment, we are seeking a waiver for the Engineering Reports and Plans A. through H., Table 5-404: Application Submittal Requirements of the GLUDC. Thank you in advance for your consideration and assistance. Sincerely, Steven L Smith cc: John and Georg Ann Jewell ENCL // 3 hard copies (in 3-ring binders) of Application and 1 digital PDF of entire submittal. Both the paper and digital copies shall be split into individual sections. _ Signed Application Form - Statement of Authority for Steven L Smith on behalf of John and Georg Ann Jewell - $100 check for Plat Amendment Planning Review Fee - Signed Payment Agreement Form Section 1 CIVIL ENGINEERING, LAND SURVEYING & BEYOND 923 Cooper Ave #201, Glenwood Springs, CO 81601 | (970) 945-5252 | bu-inc.com 2 - Vicinity Map - Pre-Application Conference Summary, Revised 10/28/24 - List of Adjacent Owners within 200 feet Section 2 - Title Commitment - Owners Certification of Mineral Rights - Special Warranty Deeds, Easement Agreements, previous BLA/Quit Claim Deeds Section 2 - The Antlers Orchard Development Company’s Plat No. 1 dated 1908 - Tract 3 and Tract 4, A. O. D. Amendment No. 1 cE( Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 {970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION D Minor Subdivision D Major Subdivision DIVISIONS OF LAND APPLICATION FORM D Preliminary Plan Amendment [Z] Final Plat Amendment D Sketch0Preliminary0Final D Common Interest Community Subdivision D Conservation Subdivision D Public/County Road Split Exemption D Yield □Sketch 0Preliminary0Final D Rural Land Development Exemption D Time Extension D Basic Correction Exemption INVOLVED PARTIES Owner/ Applicant Name: John and Georg Ann JEWELL Phone: (970 )379-0397 Mailing Address: 280 Co Rd 259A City: Rifle State: co Zip Code: 81650-9721 E-mail: jewellmerinos@gmail.com Representative (Authorization Required) Name: Steven L Smith Phone: (970 ) 404-9474 Mailing Address: 923 Cooper, Ste 201 City: Glenwood Springs State: co Zip Code: 81601 E-mail: ssmith@bu-inc.com PROJECT NAME AND LOCATION Project Name: Tract 3 and Tract 4, A. 0. D. Amendment No. 1 Assessor's Parcel Number: 2127 -331 -00 -171 ------------· Physical/Street Address: TBD Legal Description: A part of RN 913184 including Tr 3 & Tr 4, Antler Orchard all w/i the N/2 NW/4 NE/4 Sec 33 and part of S/2 SW/4 SE/4 Sec 28-5-92 Zone District: Rural Property Size (acres): 23.66 • I Section 1 Vicinity Map Pre-Application Conference Summary Map & List of Adjacent Owner’s within 200 Ft ) I ) [. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DATE: Revised 10/28/24 PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2127-331-00-171 PROJECT: Amended Final Plat for Tract 3 & 4, Antlers Orchard OWNERS/APPLICANTS: John and George Ann Jewell CONTACT/SURVEYOR: Steve Smith, Boundaries Unlimited PRACTICAL LOCATION: 280 County Road 259A, Rifle, CO 81650 TYPE OF APPLICATION: Amended Final Plat heard concurrently with a Boundary Line Adjustment ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION -BACKGROUND The Applicant is owner of several Tracts in the Antlers Orchard Subdivision. The Applicant wishes to amend Tract 4 to shift a lot line and allow conveyance of a small portion of the northeast corner of the Tract to the adjacent Tract 3 . The area being conveyed is north of an access easement serving other neighboring properties and is estimated to be approximately 1 /3 of an acre in size. Other conveyances may have occurred associated with the Tracts and may need to be addressed as part of the review process. If properties outside of Antler's Orchard Subdivision are affected, concurrent review of Boundary Line Adjustments may be appropriate. The Applicant's properties including the Antler's Tracts are shown with one Parcel Number, so coordination with the Assessor's Office is appropriate to ensure proper documentation of legal descriptions and assignment of new Parcel Numbers. TRACT 13: As a point of clarification, no changes are proposed for Antlers Orchard Tract 13, which the Applicant's have under contract for sale pursuant to the original Antl e rs Orchard Subdivision Plat. Topics relevant to the revised plans include the following: • The corrected mapping of Tract 4 showing its proposed north line following an existing irrigation ditch. • The need to show all easements including ditches. • Documentation Access easements for Tract 4 need to be shown or referenced by note on the Amended Plat. • Improvement location information will be needed to confirm that no non-conforming conditions will result from the Amended Plat. • The Application will need to address basic Article 7 Standards or provide a statement that no changes affecting Article 7 Standards are proposed including access, utilities, water, sewer, grading/drainage will result from the Amendment. • The Application will need to reflect that no new lots or resubdivision are proposed. • Title work for both properties will need to be provided to address any other historic conveyances and/or boundary line adjustments. • A Boundary Line Adjustment process may need to be applied for and reviewed concurrently with the Amended Plat. The Approval Criteria for an Amended Final Plat are noted below: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: ► Section 5-305 -Amended Final Plat Review ► Table 5-103 Common Review Procedures and Required Notice ► Table 5-401 Submittal Requirements ► Section 5-402 Description of Submittal Requirements including requirements for a Final Plat ► Section 4-103 Administrative Review and Section 4-101 Common Review Procedures ► Article 7, Divisions 1, 2, 3, and 4 as applicable Ill. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. It is recommended that the outline be utilized as a check list for submittal: ,1 General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form. 11 Proof of Ownership for both properties (i.e. deeds) n Recent Title Work for both properties including information on any lien holders. ,1 All owners must sign the Application or include a signed consent form and authorization letter. n A narrative describing the request and related information. n Responses to Approval Criteria in Section 5-305. u A Vicinity Map showing areas within approximately 3 miles of the site (see attached). n Names and mailing addresses of property owners within 200 ft. of the subject property. :1 Mineral rights ownership for the subject property including mailing address (see attached mineral research form). 11 If the owners intend to have a representative complete the Application and processing, then an additional authorization letter is needed. 11 Copy of the Preapplication Summary. u The Proposed Plat showing the revised lot configurations. 11 The Proposed Plat shall include a purpose statement and plat notes describing the purpose of the amendment. 11 If there are Lienholders on the property, the Proposed Plat shall include certificates for Lienholder Consent or separate consent documentation provided acceptable to the County Attorney's Office. 11 A copy of the Antlers Orchard Plat needs to be provided. u Recorded copies of any previous Boundary Line Adjustments on the affected Tracts. ,1 All easements still in place shall be shown on the amended plat and all required details including certificates (signature blocks) shall be included on the plat. r1 Identification of any irrigation ditches and easement on the property including contact information for the ditch company. n A copy of the improvement location information may be required to confirm that no non-conforming conditions would result from the amendment. A statement that the properties are vacant may suffice. 11 The Application should include a waiver request from submittal of an Improvements Agreement. ri The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum a statement that the amendment will not result in any changes to drainage, access, will not affect utility services, including water and sewer and any other applicable Subdivision and Article 7 topics. n Copies of any covenants of the property. IV. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: ► Pre-application meeting. ► Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. ► Completeness Review. ► Additional submittals if needed. ► Referrals. ► Setting a date for the Director's Decision. ► Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property. ► Director's Decision including any conditions. ► 10-day Call-up Period. ► Finalizing the Plat and satisfaction of any conditions. ► Circulation for Applicant/Owner and other signatures. ► The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): Referral Agencies: .JLNo Public Hearing, Directors Decision (with notice per code) _ Planning Commission __ Board of County Commissioners _ Board of Adjustment May include but is not limited to: Garfield County Surveyor, County Assessor's Office Mapping Department, Garfield County Attorney, Garfield County Building Department, Garfield County Consulting Engineer V. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $100 $na $100 (County Surveyor may have billing) (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. ) wnerships within 200' GarCo Parcel 2127-331-00-171 Parcel ID Owner Name Address City State Zip R211029 JEWELL, JOHN & GEORG ANN 280 COUNTY ROAD 259A 0R040708 RIF LE CO 816509721 MULLENNEX, DAVID JOSEPH & CHRIST IN A MARI 132 RUSTY SPUR TRAIL ®R211028 RIF LE CO 816509533 LAROCQUE, KIM L 284 COUNTY ROAD 259A ®R210427 RIFLE CO 81650 GUTIERREZ, YAKLIN & OCHOA, JORGE 5032 COUNTY ROAD 335 #145 ®R084669 NEW CASTLE CO 81647 ( ) SAUCEDO LO PEZ, OMAR & ARANA, FIDE L & CRU 1339 ORCHARD AVENUE SILT CO 81652 R084229 JEWELL, TRAVIS LEE 2890 COUNTY ROAD 210 ® R084477 RIFLE CO 81650 VELASCO, BEN JAM IN LEAL 1801 W 2ND STREET #14 @R084668 RIFLE CO 81650 REDMAN, JAMES ROBERT & AMY REN EE 272 SCUTT ER RIDGE ROAD (J) R009803 RIFLE CO 8 1650 ALLEN JEREMIAH T 114 RUSTY SPUR TRAIL RIFLE CO 81650-9533 R009125 CHAVEZ I CLAUD IA 2920 COUNTY CLUB ROAD SW DEMING NM 88030 R084191 JEWELL, JOHN & GEORG ANN 280COUNTYROAD259A RIF LE CO 816509721 R084605 CARROLL, JOHN NEIL PO BOX 1137 ® SILT CO 816521137 R084563 MURIL LO, ARCE LI A & HUMBERTO PO BOX 885 SILT CO 81652 ) American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I -Requirements; f. Schedule B, Part II -Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to: i. comply with the Schedule B, Part I -Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured: d. The Company's liability does not exceed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company, This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 ~~~~r~J~•\N LAND TITH AS~l1Cl,\110N American Land Title Association Commitment for Title Insurance 2021 V. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office's ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2025-01-1 Issuing Office File Number: 2025-01-1 Property Address: TBD Rusty Spur Trail Tract 3 & 4, Rifle, CO 81650 Revision Number: SCHEDULE A 1. Commitment Date: December 31, 2024 8:00 AM 2. Policy to be issued: (a) 2021 AL TA Owner's Policy Proposed Insured: Proposed Amount of Insurance: Policy Premium: The estate or interest to be insured: (b) 2021 AL TA Loan Policy Proposed Insured: Proposed Amount of Insurance: Policy Premium: The estate or interest to be insured: $ $0.00 fee simple $ $0.00 fee simple 3. The estate or interest in the Land at the Commitment Date is: fee simple 4. The Title is, at the Commitment Date, vested in: John Jewell and Georg Ann Jewell 5. The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to ALT A licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 -~\!~X~_!.~~\.~ l~N_D __ n:n.E >\S.rnt:l,\l ION American Land Title Association SCHEDULE B, PART I -Requirements All of the following Requirements must be met: Commitment for Title Insurance 2021 V. 01.00 (07-01-2021) 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Recordation of a good and sufficient amended plat of subject property. 4. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Informational Commitment: $'250.00 5. -This is an informational only commitment and no policy will be issued hereunder. -Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B -Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 111111111111111 ~.'.~~~.~.1_<;.AN ~~-~--~~•-! 1 ·:i: ~~ ,\SSOU,\llON American Land Title Association SCHEDULE B, PART II -Exceptions Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I-Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on February 25, 1910 as Instrument #38879 in the official records 10. Reservation of mineral rights more fully described in Deed recorded on August 29, 1951 as Instrument #177005 in the official records and any and all interests therein or assignments thereof. 11. Reservation of mineral rights more fully described in Deed recorded on May 9, 1961 as Instrument #213691 in the official records and any and all interests therein or assignments thereof. 12. Reservation of mineral rights more fully described in Deed recorded on July 11, 1969 as Instrument #243817 in the official records and any and all interests therein or assignments thereof. 13. Reservation of mineral rights more fully described in Deed recorded on April 23, 1970 as Instrument #246121 in the official records and any and all interests therein or assignments thereof. 14. Right of way for ditches and canals in place and in use. 15. Oil, gas and mineral lease recorded on January 7, 1973 as Instrument #261287 in the official records and any and This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to ALT A licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 -~,~E~l<::;~N LAND TITLE A'S\OCl,\1 ION American Land Title Association all interests therein or assignments thereof. Commitment for Title Insurance 2021 V. 01.00 (07-01-2021) 16. Terms, conditions and all matters set forth in Resolution recorded on May 26, 1982 as Instrument #328082 in the official records 17. Terms, conditions and all matters set forth in Agreement recorded on April 7, 1993 as Instrument #445984 in the official records 18. Terms, conditions and all matters set forth in Agreement recorded on November 19, 1990 as Instrument #418908 in the official records 19. Conveyance of mineral rights more fully described in Deed recorded on May 6, 2014 as Instrument #848905 in the official records and any and all interests therein or assignments thereof. 20. Reservation of mineral rights more fully described in Deed recorded on May 13, 2015 as Instrument #862624 in the official records and any and all interests therein or assignments thereof. 21. Reservation of mineral rights more fully described in Deed recorded on October 19, 2018 as Instrument #913179 in the official records and any and all interests therein or assignments thereof. 22. Easement and right of way as described in document recorded on February 7, 2019 as Instrument #917056 in the official records 23. Easement and right of way as described in document recorded on February 7, 2019 as Instrument #917059 in the official records 24. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 18, 1908 as Instrument #37 488 in the official records 25. Terms, conditions and all matters set forth in Easement Agreement recorded on November 18, 2024 as Instrument #1001868 in the official records 26. Easement and right of way as described in document recorded on April 12, 2024 as Instrument #995128 in the official records 27. Easement and right of way as described in document recorded on April 12, 2024 as Instrument #995129 in the official records 28. Deed of Trust from John Jewell and Georg Ann Jewell for the use of Bank of the San Juans showing an original amount of $420,000.00 recorded on October 19, 2018 as Instrument #913186 official records This page is only a pa,t of a 2021 AL TA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Pa,t I -Requirements; and Schedule B, Pan II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 -0..(~.H ~J~.-:\.i'.'.4 ~.~.~.-~'._J.~ .• ! ~ E ,WiOCI,\ l ION American Land Title Association EXHIBIT "A" Commitment for Title Insurance 2021 V. 01.00 (07-01-2021) The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: A portion of that parcel of land recorded under Reception Number 913184 located in the Northeast Quarter of Section 33, Township 5 South, Range 92 West of the Sixth Principal Meridian and being more particularly described as Tracts 3 and 4 of Antlers Orchard Development Company's Plat No. 1 recorded September 18, 1908 as Reception No. 37 488 to be determined by plat. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form ( or any derivative thereof) is restricted to ALT A licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 -~\.i.~ .. ~ ~-'-~~\-~ LAND TITl..£ ASSOt.;l,\JION FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective Aptil 9, 2020 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, ''FNF ," "our," or "we'') respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal infoi-mation, when and to whom we disclose such information, and the choices you have about the use and disclosure or that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the ptivacy notice will be available on the subsidiary's website ai1d this Privacy Notice does not apply. 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DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the granter or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. 91318410/19/2018 11 :08:29 AM Page 3 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $23.00 eRecorded EXHIBIT A: A PARCEL OF LAND SITUATED IN THE NORTH ONE-HALF OF SECTION 33, ALL IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SLTIH PRINCIPAL MERIDIAN, COUN1Y OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE N 87°52'02" E, A DISTANCE OF 929.38 FEET; THENCE N 24° 43'02" E, A DISTANCE OF 90.05 FEET; THENCE S 72°28'59" E, A DISTANCE OF 284.62 FEET; THENCE S 38°24 116" E, A DISTANCE OF 464.00 FEET; THENCE S 58°39'21" W, A DISTANCE OF 92.95 FEET; THENCE S 08°29'39" W, A DISTANCE OF 72.28 FEET; THENCE S 56°19'18" W, A DISTANCE OF 126.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; THENCE S 00° 05' 05 1 ' E ALONG THE SAID EAST LINE, A DISTANCE OF 311,99 FEET TO THE NORTHEAST CORNER OF LOT 1, JEWELL EXEMPTION SURVEY (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID JEWELL EXEMPTION SURVEYTHE FOLLOWING FOUR (4) COURSES: 1) S 89° 52' 31" W, A DISTANCE OF 199.77 FEET 2) S 00° 04' 23 11 W, A DISTANCE OF 859.96 FEET 3) N 89° 30' 04" E, A DISTANCE OF 203.00 FEET 4) S 00° ol' 2111 W, A DISTANCE OF 461,45 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER; THENCE S 89° 56 1 2111 W ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOlYrHWEST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER, A DISTANCE OF 1322-48 FEET TO THE SOUTHWEST CORNER OF TRACT 21, ANTLER'S ORCHARD DEVELOPMENT AS RECORDED UNDER RECEPTION NUMBER 878224; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY IJNES THE FOLLOWING TWO (2) COURSES: 1) N oo" 041 41 11 W, A DISTANCE OF 718.88 FEET 2) S 82" 07' 29" W, A DISTANCE OF 380,94 FEET THENCE N 05° 42'14" E, A DISTANCE OF 304,52 FEET; THENCE N 33°37'15" E, A DISTANCE OF 47.54 FEET; THENCE N 34° 43'51" E, A DISTANCE OF 297,31 FEET; THENCE N 00°07'26" E, A DISTANCE OF 875.80 FEET TO A POINT IN THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER; THENCE N 79°38'49" E ALONG SAID NORTH LINE, A DISTANCE OF 150,00 FEET TO THE POINT OF BEGINNING. NOTE: This legal description has been provided and created by Steven L. Smith, P.L.S,, 25642, Boundaries Unlimited Inc,, 923 Cooper Avenue, Suite 201, Glenwood Springs, Colorado 81601. 913184 10/19/2018 11 :08:29 AM Page 4 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $23.00 eRecorded EXHIBIT Bi TBD Jewell Lane, Rifle, Colorado 81650 1, Taxes and assessments for the yea1· 1w18 and subsequent years, a lien not yet due or payable. 2. Right of way for ditches or canals constructed by the authority of the United States, and terms, conditions, provisions, agreements and obligations specified under the United States Patent, dated December 12, 1901 1 and recorded April 26 1 1913, in Book 71 at Page 5871 as Reception No,046846, 3. Right of way for ditches or canals constructed by the authority of the United States, as described in the United States Patent dated July 11, 1930, and recorded November 6, 1930, as Reception No. 108380, 4, Right of the proprietor of a vein 01• lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way fol' ditches or canals constructed by the authority of the United States, as described in the United States Patent dated May 11, 1893, and recorded February 6, 1942 1 in Book 73 at P,age 215, as Reception No. 145908, 5, Terms, conditions, provisions, agreements, 1•eservations and obligations specified under the Warranty Deed, recol'ded August 29, 1951, in Book 260 at Page 28, as Reception No, 177005. 6, Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated May 51 1961, and recorded May 9, 1961, in Book 334 at Page 51, as Reception No, 213689. 7, Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated May 51 1961, and recorded May 9, 1961, in Book 334 at Page 53, as Reception No. 213691. 8, Terms, conditions, provisions, agreements and obligations specified under the Contract and Grant of Electl'ic Transmission Line Easement, dated July 18, 1962, and 1•ecorded July 15, 1963, in Book 351 at Page 421, as Reception No. 222142, 9, Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement for Access Road, dated April 26, 1963, in Book 351 at Page 475, as Reception No. 222188, 10, Terms, conditions, provisions, agreements and obligations specified under the Contract compensating Landowner for Government Use of Reserved Right-of-Way, dated May 26, 1965, and recorded October 26, 1967, in Book 389 at Page 314, as Reception No, 239322, 11. Terms, conditions, provisions, agreements and obligations specified under the Contract and Grant of Road Easement, dated April 23, 1968, and recorded July 9, 1968, in Book 395 at Page 379 1 as Reception No, 241282. 12, Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated June 17, 1969, and recorded July 11, 1969, in Book 403 at Page 149, as Reception No. 243817. 13, Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated April 1, 1970, and recorded Aplil 23, 1970, in Book 409 at Page 457, as Reception No, 246121, 14, Terms, conditions, provisions, agreements, reservations and obligations specified under the Wal'ranty Deed, dated April 16, 1973, and recorded May 1, 1973, in Book 443 at Page 577, as Reception No. 258065, 15. Terms, conditions, provisions, agreements, reservations and obligations specified under the Quit Claim Deed, dated April 16 1 1973, and recorded May 11 1973, in Book 443 at Page 581 1 as Reception No. 258067. 16. Terms, conditions, provisions, agreements, reservations and obligations specified under the Oil and Gas Lease, dnted November 29 1 1973, and recorded January 7, 1974, in Book453 at Page 476, as Reception No. 261287. • 17, Terms, conditions, provisions, agreements and obligations specified under A Resolution Concerned with Granting an Exemption from the Garfield County Subdivision Regulations for Gene Mulvihill, as Trustee 91318410/19/2018 11 :08:29 AM Page 5 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $33.00 Doc Fee: $23.00 eRecorded for Andrew Mulvihill (Resolution No. 82-126) recorded May 26 1 1982 1 in Book 600 at Page 162, as Reception No. 328082. 18. Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated August 23, 1982 1 and recorded March 8, 1983, in Book 621 at Page 609, as Reception No. 339016. 19. Terms, conditions, provisions, agreements, reservations and obligations specified under the Warranty Deed, dated August 23, 19821 and recorded March 8, 1983 1 in Book 621 at Page 615, as Reception No. 339018. 20. Terms, conditions, provisions, agreements and obligations specified under the Cooperative Agreement for Permanent Damage Prevention Fendng, dated May 9, 1986, and recorded April 71 1993, in Book 858 at Page 791, as Reception No. 445984, 21. Terms, conditions, provisions, agreements, reservations and obligations specified under the Special Warranty Deed, dated January 7, 1986, in Book 681 at Page 961, as Reception No. 368045, 22. Terms, conditions, provisions, agreements and obligations specified under the Agreement dated October 15, 1990, and recorded November 19, 1990, in Book 793 at Page 413, as Reception No. 418908. 23. Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement, dated November 7, 2001, and recorded November 13, 2001, as Reception No. 591868. 24, Terms, c01lditions, provisions, agreements and obligations specified under the Affidavit re: Boundary Line Adjustment, dated August 13 1 2007, and recorded August 29, 2007, as Reception No. 731912. 25. Terms, conditions, provisions, agreements and obligations specified under the Affidavit re! Boundary Line Adjustment, dated August 13, 2007, and recorded August 29, 2007, as Reception No. 731914, 26. Terms, conditions, provisions, agreements and obligations specified under the Bargain and Sale Deed, dated May 1, 2014, and i•ecorded May 6, 2014, as Reception No. 848905. 27. Terms, conditions, provisions, agreements and obligations specified under the Personal Representative's Deed of Distribution, recorded May 13, 2015, as Reception No. 862624. 28. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 29. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, limestone, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or dghts excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. 30. Rights of others to use easements and rights of way of a public or private nature but not exclusively, roads, canals, dirt trails, ditches and pipelines, as shown on the Improvement Survey Plat provided by Boundaries Unlimited Inc., dated June 4, 2018, as Project No. 18007, 31. Any claim that the Title is subject to a trust or lien created under the Perishable Agricultural Conunodities Act (7 U.S.C. Section 499a, et seq.), the Packers and Stockyards Act (7 U,S.C. Section 181, et seq.) or under similar fede1•al or state laws. 32. Claims of right, title and/or interest in tl1e property between the boundary lines and the fences as depicted on the Improvement Survey Plat provided by Boundaries Unlimited Inc., dated June 4, 2018, as Project No. 18007, whether said claims arise by abandonment, adverse possession or other means. 33. The apparent lack of access to and from the subject property via a public street, road or highway, or via a plivately granted easement; the effect of the apparent lack of access upon the marketabifity of the title of the land. ) ) .. 9,:1 70 §.1 02/07/2019 12 :58 :36 PM Page 1 of9 Jean Alberico, Garfield County, Colorado Rec Fee : $53.00 Doc Fee: $0 .00 eRecorded EASEMENT AGREEMENT ~ THIS EASEMENT AGREEMENT (this "Agreement") is made effective this J 3 day of ,.) Q;_v'\.\J:.-l'--•-~ , 20Ji_, between John and Georg Ann Jewell, whose address is 280 County Road 259~ Rifle, Colorado 81650 ("Grantors"), and John Neil Carroll, whose street address is 604 CatToll Lane, Pierce, Colorado 80650 ("Grantee"). RECITALS WHEREAS, Grantors are the owners of certain real prope1iy located in Garfield County, Colorado, commonly known as TBD Happy Trails Road, Rifle, Colorado 81650 as shown on Exhibit A hereto (the "Grantor Property" or "Servient Estate"); WHEREAS, Grantee is the owner of cetiain real property located in Garfield County, Colorado, and described on Exhibit B hereto (the "Dominant Estate"); and WHEREAS, Grantors desire to grant to Grantee, and Grantee desires to accept, an easement for ingress and egress over the portion of the Grantor Property described on Exhibit C attached hereto, from County Road 259A to Lot 1, Jewell Exemption Plat (Amended), subject to the conditions and limitations set forth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grantors hereby grant and convey to Grantee, his heirs, successors and assigns, subject to all the terms and conditions hereof, a perpetual non-exclusive easement for pedestrian and vehicular and livestock access for Grantee and his heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of underground utilities and roadway improvements, on, over, under and across those portions of the Grantor Property, more particularly described on Exhibit C, attached and incorporated herein by this reference (the "Easements"), 2. The Easement is appurtenant to and shall run with said Dominant Estate and any part thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate, and their respective guests and invitees for the purposes set fotih herein. 3. Grantors reserve the right of co-use of the Easements for pedestrian, vehicular, and livestock ingress and egress to the Grantor Property (the "Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate . 4. • Grantee and his successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Grantors and their successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and 917054 02/07/2019 12:58:36 PM Page 5 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Doc Fee: $0.00 eRecorded EXIIlBIT A SERVIENT ESTATE/GRANTOR PROPERTY LOT 2, JEWELL EXEMPTION PLAT (AMENDED) AS PLA TIED UNDER RECEPTION NUMBER 521461, A TRACT OF LAND CONTAINED IN THE SOUTHERN ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33 WITHIN COUNTY ROAD #259, WHENCE THE NORTHEAST CORNER OF SAID SECTION 33 BEARS N 00° 00' 52" W 1447.22 FEET; Tf-IENCE ALONG SAID COUNTY ROAD S 00° 00' 52" E 631.53 FEET; THENCE LEAVING SAID COUNTY ROAD N 61° 56' 37" W 229.77 FEET; THENCE WEST 331.17 FEET; THENCE S 49° 24' 59" W 170.55 FEET TO AN EXISTING FENCE LINE; THENCE ALONG SAID FENCE LINES 70° 08' 30" W 261.08 FEET; THENCE S 71° 29' 28" W 69.16 FEET; THENCE S 79° 41' 18" W 352.76 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33; THENCE N 00° 02' 12" W ALONG SAID WEST LINE 543.98 FEET; THENCE LEAVING SAID WEST LINE S 89° 57' 48" W 200.00 FEET; THENCE N 00° 02' 12" E 235.73 FEET; THENCE N 83° 36' 33" E 201.24 FEET TO THE NORTHEAST ONE-SIXTEENTH CORNER OF SAID SECTION 33; THENCE N 89° 51' 01" E 1322.02 FEET ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33 1322.02 FEET TO THE POINT OF BEGINNING, CONTAINING 20.60 ACRES, MORE OR LESS. 5 917054 02/07/201912:58:36 PM Page6 of9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Doc Fee: $0.00 eRecorded EXHIBITB LEGAL DESCRIPTION OF DOMINANT ESTATE DESCRIPTION OF CARROLL PROPERTY A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, ST A TE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE S 79° 38' 49" W ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE S 00°07'26" W, A DISTANCE OF 875.80 FEET; THENCE S 34° 43' 51" W, A DISTANCE OF 297.31 FEET; THENCE S 33° 37' 15" W, A DISTANCE OF 47.54 FEET; THENCE S 05° 42' 14" W, A DISTANCE OF 304.52FEETTO A POINTON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE S 82° 07' 29" W ALONG SAID SOUTH LINE, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 21, ANTLERS ORCHARD DEVELOPMENT COMPANY PLAT NO. 1, AS RECORDED UNDER RECEPTION NUMBER 37488, SAID TRACT 21 CONVEYED UNDER RECEPTION NUMBER 878224, A DISTANCE OF 291.86 FEET TO THE NORTHWEST CORNER OF SAID TRACT 21, SAID POINT ALSO BEING TI-IE NORTHEAST CORNER OF TRACT 22, SAID ANTLERS ORCHARD DEVELOPMENT; THENCE S 82° 08' 49" W ALONG THE NORTH LINE OF SAID TRACT 22, A DISTANCE OF 671.46 FEET TO THE NORTHWEST CORNER OF SAID TRACT 22, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE N 00° 09' 48" W ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1377.89 FEET TO THE WEST ONE-SIXTEENTH CORNER OF SECTION 28 AND 32; THENCE N 79° 38' 49" E ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1205.69 FEET TO THE POINT OF BEGINNING, GARFIELD COUNTY, COLORADO; EXCEPT FOR AND RESER YING TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE PERPETUAL EASEMENT FOR PEDESTRIAN AND VEHICULAR AND LIVESTOCK ACCESS FOR GRANTEE AND ITS SUCCESSORS AND ASSIGNS, AND EACH OF THEIR GUESTS, TENANTS, AND INVITEES, AND FOR THE INSTALLATION, REP AIR, MAINTENANCE AND REPLACEMENT OF UNDERGROUND UTILITIES and ROADWAY IMPROVEMENTS, ON, OVER, UNDER AND ACROSS THE PORTION OF THE PROPERTY DESCRIBED AS FOLLOWS: A THIRTY (30) FOOT ACCESS EASEMENT OVER, ACROSS AND THROUGH A 36.12 ACRE PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER THAT PARCEL OF LAND CONVEYED UNDER RECEPTION NUMBER 913184; THENCE S 00°07'26"W ALONG WEST LINE OF SAID PARCEL, A DISTANCE OF 15.26 FEET TO THE POINT OF BEGINNING; THENCE S 79°38'49" W, A DISTANCE OF 52.75 FEET TO THE POINT OF TERMINUS SAID EASEMENT CONTAINS 52.75 LINEAL FEET OR 1,582 SQUARE FEET, MORE OR LESS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT BEING LENGTHENED AND/OR SHORTENED TO MEET ON THE ABOVE REFERENCED PROPERTY LINES. NOTE: This legal description has been provided and created by Steven L. Smith, P.L.S. 25642, Boundaries Unlimited Inc., 923 Cooper Avenue, Suite 201, Glenwood Springs, Colorado 81601. 6 917054 02/07/2019 12:58:36 PM Page 7 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Doc Fee: $0.00 eRecorded EXHIBITC EASEMENT LEGAL DESCRIPTION -ACCESS EASEMENT LOT 2, ,TEWELL EXEMPTION PLAT (AMENDED) AN ACCESS EASEMENT OVER, ACROSS AND THROUGH A PORTION OF LOT 2, JEWELL EXEMPTION PLAT (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461 SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 2, SAID POINT BEING THE NORTHWESTERLY CORNER OF THE 15 FOOT RIGHT-OF-WAY AS RECORDED UNDER RECEPTION NUMBER 157657; THENCE S 00° 01' 21" W ALONG THE WEST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET; THENCE S 89° 50' 31" W, A DISTANCE OF 30.00 FEET; THENCE N 00° 05' 01" W, A DISTANCE OF 11.72 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 2; THENCE N 83°36' 33" E ALONG SAID NORTHERLY LINE, A DISTANCE OF 30.18 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 400 SQUARE FEET, MORE OR LESS. BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 33 AS MONUMENTED AT THE NORTH ONEQUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S 28 / S 33 1978" AND AT THE NORTHEAST CORNER BY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 / S 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEAR N 89° 38' 51" E. 7 917054 02/07/201912:58:36 PM Page 9 of9 Jean Alberico, Garfield County, Colorado ) ) ) 917055 02/07/2019 12 :58 :36 PM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee : $43.00 Doc Fee: $0.00 eRecorded EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made effective this ,i 3 day of ·1 ('--11---1...\..,""S:: ]j , 20£, between Lee Roy Urban, Trustee and his successors in trust;' under the__:rban Family Trust dated July 27, 2007, whose address is 0284 County Road 259A, Rifle, Colorado 81650 ("Granter"), and John Neil Carroll, whose street address is 604 Carroll Lane, Pierce, Colorado 80650 ("Grantee"). RECITALS WHEREAS, Granter is the owner of certain real prope1ty located in Garfield County, Colorado, described on Exhibit A hereto (the "Granter Property" or "Servient Estate"); WHEREAS, Grantee is the owner of certain real property located in Garfield County, Colorado, and described on Exhibit B hereto (the "Dominant Estate"); and WHEREAS, Granter desires to grant to Grantee, and Grantee desires to accept, an easement for ingress and egress over those portions of the Granter Prope1ty described on Exhibit C attached hereto, subject to the conditions and limitations set forth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Granter hereby grants and conveys to Grantee, and his heirs, successors and assigns, subject to all the terms and conditions hereof, a perpetual non-exclusive easement for pedestrian and vehicular and livestock access for Grantee and his heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of underground utilities and roadway improvements, on, over, under and across the portion of the Granter Property, more particularly described on Exhibit C, attached and incorporated herein by this reference (the "Easement"), 2. The Easement is appmtenant to and shall run with said Dominant Estate and any pa1t thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate, and their respective guests and invitees for the purposes set forth herein. 3. Granter reserves the right of co-use of the Easement for pedestrian, vehicular, and livestock ingress and egress to the Granter Property (the 11 Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate. 4. Grantee and his successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Grantors and their successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without 1 917055 02/07/2019 12:58:36 PM Page 2 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Grantee or any person claiming under Grantee, 5, Granter and its successor owners of the Servient Estate agrees to indemnify, defend and hold harmless Grantee and his successor owners of the Dominant Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Granter or any person claiming under Grantor. 6. The Easement shall be appmtenant to and shall run with the title to the Dominant Estate, as it may be severed in the future, and shall be binding upon and inure to the benefit and detriment of the parties, their respective heirs, successors, and assigns. This Easement Agreement shall therefore be recorded in the real property records of Garfield County, Colorado, to serve as notice to any fuh1re owners or occupants. 7. This Agreement may be amended or terminated by written agreement signed by all owners of record of the Grantor Property and the Dominant Estate, including as it may be severed in the future, and other successors to the respective interests of Granter and Grantee to their respective properties. Any amendment must be recorded. 8. This Agreement contains the entire agreement between the patties relating to the rights granted and the obligations assumed, Any oral representations or modifications concerning this Agreement shall be of no force and effect. 9. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable expenses, attorney's fees, and costs. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. 2 917055 02/07/201912:58:36 PM Page 5 of7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded EXIDBIT A SERVIENT ESTATE/GRANTOR PROPERTY LOT 1, JEWELL EXEMPTION PLAT (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461, A TRACT OF LAND CONTAINED IN THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33, WHENCE THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 33 BEARS N 89° 51' 01" E 1322.02 FEET; THENCE S 83° 36' 33" W 201.24 FEET; TI-IENCE N 00° 02' 12" W 622.27 FEET; THENCE N 89° 57' 48" E 200.00 FEET; THENCE S 00° 02' 12" E 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.81 ACRES. 5 917055 02/07/2019 12:58:36 PM Page 6 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $0.00 eRecorded EXHIBJTB LEGAL DESCRIPTION OF DOMINANT ESTATE DESCRIPTION OF CARROLL PROPERTY A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE S 79° 38' 49" W ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE S 00°07'26" W, A DISTANCE OF 875.80 FEET; THENCE S 34° 43' 51" W, A DISTANCE OF 297.31 FEET; THENCE S 33° 37' 15" W, A DISTANCE OF 47.54 FEET; THENCE S 05° 42' 14" W, A DISTANCE OF 304.52FEETTO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE S 82° 07' 29" W ALONG SAID SOUTH LINE, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 21, ANTLERS ORCHARD DEVELOPMENT COMPANY PLAT NO. 1, AS RECORDED UNDER RECEPTION NUMBER 37488, SAID TRACT 21 CONVEYED UNDER RECEPTION NUMBER 878224, A DISTANCE OF 291.86 FEET TO THE NORTHWEST CORNER OF SAID TRACT 21, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT 22, SAID ANTLERS ORCHARD DEVELOPMENT; THENCE S 82° 08' 49" W ALONG THE NORTH LINE OF SAID TRACT 22, A DISTANCE OF 671.46 FEET TO THE NORTHWEST CORNER OF SAID TRACT 22, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE N 00° 09' 48" W ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1377.89 FEET TO THE WEST ONE-SIXTEENTH CORNER OF SECTION 28 AND 32; THENCE N 79° 38' 49" E ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1205.69 FEET TO THE POINT OF BEGINNING, GARFIELD COUNTY, COLORADO; EXCEPT FOR AND RESERVING TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE PERPETUAL EASEMENT FOR PEDESTRIAN AND VEHICULAR AND LIVESTOCK ACCESS FOR GRANTEE AND ITS SUCCESSORS AND ASSIGNS, AND EACH OF THEIR GUESTS, TENANTS, AND INVITEES, AND FOR THE INST ALLA TI ON, REPAIR, MAINTENANCE AND REPLACEMENT OF UNDERGROUND UTILITIES and ROADWAY IMPROVEMENTS, ON, OVER, UNDER AND ACROSS THE PORTION OF THE PROPERTY DESCRIBED AS FOLLOWS: A THIRTY (30) FOOT ACCESS EASEMENT OVER, ACROSS AND THROUGH A 36.12 ACRE PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER THAT PARCEL OF LAND CONVEYED UNDER RECEPTION NUMBER 913184; THENCE S 00°07'26"W ALONG WEST LINE OF SAID PARCEL, A DISTANCE OF 15.26 FEET TO THE POINT OF BEGINNING; THENCE S 79°38'49" W, A DISTANCE OF 52.75 FEET TO THE POINT OF TERMINUS SAID EASEMENT CONTAINS 52.75 LINEAL FEET OR 1,582 SQUARE FEET, MORE OR LESS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT BEING LENGTHENED AND/OR SHORTENED TO MEET ON THE ABOVE REFERENCED PROPERTY LINES. NOTE: This legal description has been provided and created by Steven L. Smith, P.L.S. 25642, Boundaries Unlimited Inc., 923 Cooper Avenue, Suite 201, Glenwood Springs, Colorado 81601. 6 ) ) 917056 02/07/2019 12 :58:36 PM Page 1 of 10 JeanAiberico, Garfield County , Colorado Rec Fee: $58.00 Doc Fee : $0.00 eRecorded EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made effective this ,) j day of : C"-v,.__t.,._,,JU' , 201.1_, between John Jewell and Georg Ann Jewell, whose address is 280 County R . ad 259A, Rifle, Colorado 81650 ("Granters"), and John Neil Carroll, whose street address is 604 Carroll Lane, Pierce, Colorado 80650 ("Grantee"). RECITALS WHEREAS, Granters are the owners of certain real prope1ty located in Garfield County, Colorado, commonly known as TBD Happy Trails Road, Rifle, Colorado 81650 as shown on Exhibit A hereto (the "Grantor Property" or "Servient Estate"); WHEREAS, Grantee is the owner of certain real prope1ty located in Garfield County, Colorado, and described on Exhibit B hereto (the "Dominant Estate"); and WHEREAS, Granters desire to grant to Grantee, and Grantee desires to accept, an easement for ingress and egress over the portion of the Granter Property described on Exhibit C attached hereto, subject to the conditions and limitations set forth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grantors hereby grant and convey to Grantee, its successors and assigns, subject to all the te1ms and conditions hereof, a non-exclusive perpetual easement for pedestrian and vehicular and livestock access for Grantee and his heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of underground utilities and roadway improvements, on, over, under and across the portion of the Grantor Property, more particularly described on Exhibit C, attached and incorporated herein by this reference (the "Easements"), 2. The Easement is appurtenant to and shall run with said Dominant Estate and any severed part thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate and their respective guests and invitees for the purposes set forth herein. 3. Grantors reserve the right of co-use of the Easement for pedestrian, vehicular, and livestock ingress and egress to the Granter Prope1ty (the "Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate. 4. Grantee and his successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Granters and their successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without I I 917056 02/07/2019 12:58:36 PM Page 2 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Grantee or any person claiming under Grantee. 5. Grantors and their successor owners of the Servient Estate agree to indemnify, defend and hold harmless Grantee and his successor owners of the Dominant Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any propetty or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Grantors or any person claiming under Grantors. 6. The Easement shall be appmienant to and shall run with the title to the Dominant Estate, as it may be severed in the future, and shall be binding upon and inure to the benefit and detriment of the parties, their respective heirs, successors, and assigns. This Easement Agreement shall therefore be recorded in the real prope1ty records of Garfield County, Colorado, to serve as notice to any future owners or occupants. 7. This Agreement may be amended or terminated by written agreement signed by all owners of record of the Grantor Property and the Dominant Estate, including as it may be severed in the future, and other successors to the respective interests of Grantors and Grantee to their respective properties. Any amendment must be recorded. 8. This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 9. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing patty shall be entitled to recover from the other party its reasonable expenses, attorney's fees, and costs. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. 2 917056 02/07/2019 12:58:36 PM Page 5 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXIDBIT A SERVIENT ESTATE/GRANTOR PROPERTY 70.37 AC JOHN JEWELL LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTH ONE-HALF OF SECTION 33, ALL IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE N 87°52'02" E, A DISTANCE OF 929.38 FEET; THENCE N 24°43'02" E, A DISTANCE OF 90.05 FEET; THENCE S 72°28'59" E, A DISTANCE OF 284.62 FEET; THENCE S 38°24'16" E, A DISTANCE OF 464.00 FEET; THENCE S 58°39'21" W, A DISTANCE OF 92.95 FEET; THENCE S 08°29'39" W, A DISTANCE OF 72.28 FEET; THENCE S 56°19'18" W, A DISTANCE OF 126.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; THENCE S 00° 05' 05" E ALONG THE SAID EAST LINE, A DISTANCE OF 311.99 FEET TO THE NORTHEAST CORNER OF LOT 1, JEWELL EXEMPTION SURVEY (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID JEWELL EXEMPTION SURVEY THE FOLLOWING FOUR ( 4) COURSES: 1) S 89° 52' 31" W, A DISTANCE OF 199.77 FEET 2) S 00° 04' 23" W, A DISTANCE OF 859.96 FEET 3) N 89° 30' 04" E, A DISTANCE OF 203.00 FEET 4) S 00° 01' 21" W, A DISTANCE OF 461.45 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER; THENCE S 89° 56' 21" W ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, A DISTANCE OF 1322.48 FEET TO THE SOUTHWEST CORNER OF TRACT 21, ANTLER'S ORCHARD DEVELOPMENT AS RECORDED UNDER RECEPTION NUMBER 878224; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINES THE FOLLOWING TWO (2) COURSES: 1) N 00° 04' 41" W, A DISTANCE OF 718.88 FEET 2) S 82° 07' 29" W, A DISTANCE OF 380.94 FEET; THENCE N 05°42'14" E, A DISTANCE OF 304.52 FEET; THENCE N 33°37'15" E, A DISTANCE OF 47.54 FEET; THENCE N 34°43'51" E, A DISTANCE OF 297.31 FEET; THENCE N 00°07'26" E, A DISTANCE OF 875.80 FEET TO A POINT IN THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE N 79°38'49" E ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. 5 917056 02/07/2019 12:58:36 PM Page 6 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBITB LEGAL DESCRIPTION OF DOMINANT ESTATE DESCRJPTION OF CARROLL PROPERTY A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRJNCIPAL MERIDIAN, COUNTY OF GARFIELD, STA TE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE S 79° 38' 49" W ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE S 00°07'26" W, A DISTANCE OF 875.80 FEET; THENCE S 34° 43' 51" W, A DISTANCE OF 297.31 FEET; THENCE S 33° 37' 15" W, A DISTANCE OF 47.54 FEET; THENCE S 05° 42' 14" W, A DISTANCE OF 304.52 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE S 82° 07' 29" W ALONG SAID SOUTH LINE, SAID LINE ALSO BEING THE NORTH LINE OF TRACT 21, ANTLERS ORCHARD DEVELOPMENT COMPANY PLAT NO. I, AS RECORDED UNDER RECEPTION NUMBER 37488, SAID TRACT 21 CONVEYED UNDER RECEPTION NUMBER 878224, A DISTANCE OF 291.86 FEET TO THE NORTHWEST CORNER OF SAID TRACT 21, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT 22, SAID ANTLERS ORCHARD DEVELOPMENT; THENCE S 82° 08' 49" W ALONG THE NORTH LINE OF SAID TRACT 22, A DISTANCE OF 671.46 FEET TO THE NORTHWEST CORNER OF SAID TRACT 22, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE N 00° 09' 48" W ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1377.89 FEET TO THE WEST ONE-SIXTEENTH CORNER OF SECTION 28 AND 32; THENCE N 79° 38' 49" E ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1205.69 FEET TO THE POINT OF BEGINNING, GARFIELD COUNTY, COLORADO; EXCEPT FOR AND RESERVING TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE PERPETUAL EASEMENT FOR PEDESTRIAN AND VEHICULAR AND LIVESTOCK ACCESS FOR GRANTEE AND ITS SUCCESSORS AND ASSIGNS, AND EACH OF THEIR GUESTS, TENANTS, AND INVITEES, AND FOR THE INSTALLATION, REPAIR, MAINTENANCE AND REPLACEMENT OF UNDERGROUND UTILITIES and ROADWAY IMPROVEMENTS, ON, OVER, UNDER AND ACROSS THE PORTION OF THE PROPERTY DESCRIBED AS FOLLOWS: A THIRTY (30) FOOT ACCESS EASEMENT OVER, ACROSS AND THROUGH A 36.12 ACRE PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, ST ATE OF COLORADO. SAID EASEMENT BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWJNG DESCRIBED CENTERLJNE: COMMENCING AT THE NORTHWEST CORNER THAT PARCEL OF LAND CONVEYED UNDER RECEPTION NUMBER 913184; THENCE S 00°07'26"W ALONG WEST LINE OF SAID PARCEL, A DISTANCE OF 15.26 FEET TO THE POINT OF BEGINNJNG; THENCE S 79°38'49" W, A DISTANCE OF 52. 75 FEET TO THE POINT OF TERMINUS SAID EASEMENT CONTAINS 52. 75 LINEAL FEET OR 1,582 SQUARE FEET, MORE OR LESS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT BEJNG LENGTHENED AND/OR SHORTENED TO MEET ON THE ABOVE REFERENCED PROPERTY LINES. NOTE: This legal description has been provided and created by Steven L. Smith, P.L.S. 25642, Boundaries Unlimited Inc., 923 Cooper Avenue, Suite 20 I, Glenwood Springs, Colorado 8160 I. 6 917056 02/07/2019 12:58:36 PM Page 7 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBITC EASEMENT LEGAL DESCRIPTION -30' ACCESS EASEMENT OVER 70.37 AC ,JOHN JEWELL PARCEL A THIRTY (30) FOOT ACCESS EASEMENT OVER, ACROSS AND THROUGH THE 70.37 ACRE PARCEL AS CONVEYED UNDER RECEPTION NUMBER 913184 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, SITUATED IN THE NORTH ONE-HALF OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, JEWELL EXEMPTION PLAT (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461; THENCE S 00° 04' 23" W, A DISTANCE OF 21.67 FEET TO THE POINT OF BEGINNING; THENCE N 71° 07' 12" W, A DISTANCE OF 57.56 FEET TO A POINT OF CURVE; ; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 21°00'40", A RADIUS OF 195.00 FEET AND A LENGTH OF 71.51 FEET TO A POINT OF TANGENT; THENCE N 50° 06' 32" E, A DISTANCE OF 184.72 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 22°49'29", A RADIUS OF 160.00 FEET AND A LENGTH OF 63.74 FEET TO A POINT OF TANGENT; THENCE N 27° 17' 04" W, A DISTANCE OF 64.05 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A DELTA OF 20°07'40", A RADIUS OF 110.00 FEET AND A LENGTH OF 38.64 FEET TO A POINT OF TANGENT; THENCE N 07° 09' 23" W, A DISTANCE OF 88.48 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 10°06'04", A RADIUS OF 300.00 FEET AND A LENGTH OF 52.89 FEET TO A POINT OF TANGENT; THENCE N 17° 15' 28" W, A DISTANCE OF 233.96 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 36°47'46", A RADIUS OF 100.00 FEET AND A LENGTH OF 64.22 FEET TO A POINT OF TANGENT; THENCE N 54° 03' 14" W, A DISTANCE OF 129.25 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HA YING A DELTA OF 11°38'30", A RADIUS OF 240.00 FEET AND A LENGTH OF 48.76 FEET TO A POINT OF TANGENT; THENCE N 65°41 '43" W, A DISTANCE OF 30.18 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 26°26'15", A RADIUS OF 175.00 FEET AND A LENGTH OF 80.75 FEET TO A POINT OF TANGENT, SAID POINT BEING 15.00 FEET SOUTH OF THE NORTH LINE OF LAND CONVEYED UNDER SAID RECEPTION NUMBER 913184; THENCE S 87°52'02" W 15.00 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH LINE, A DISTANCE OF 402.48 FEET; THENCE S 79°38'49" W 15.00 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH LINE, A DISTANCE OF 151.71 FEET TO A POINT ON THE WEST LINE OF LAND CONVEYED UNDER SAID RECEPTION NUMBER 913184, SAID POINT BEING THE POINT OF TERMINUS, FROM WHENCE THE NORTHWEST CORNER OF SAID LAND CONVEYED UNDER RECEPTION NUMBER 913184 BEARS N 00° 07' 26" E, A DISTANCE OF 15.26 FEET. 7 917056 02/07/2019 12:58:36 PM Page 8 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded SAID EASEMENT CONTAINS 1,762.90 LINEAL FEET OR 1.21 ACRES, MORE OR LESS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT BEING LENGTHENED AND/OR SHORTENED TO MEET ON THE ABOVE REFERENCED PROPERTY LINES. BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 33 AS MONUMENTED AT THE NORTH ONEQUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S 28 / S 33 1978" AND AT THE NORTHEAST CORNER BY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 / S 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEAR N 89° 38' 51" E. 8 ) ) 9170 §.Z 02/07/2019 12 :58:36 PM Page 1 of 9 Jean Alberico, Garfield County , Colorado Rec Fee : $53 .00 Doc Fee: $0.00 eRecorded EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made effective this ,2 3 day of .JltV-...':::\ LL"=J , 20.J...1_, between John and Georg Ann Jewell, whose address is 280 County Road 259A, Rifle, Colorado 81650 ("Grantors"), and Travis Lee Jewell, whose street address is CR 210, Rifle, Colorado 81650 ("Grantee"). RECITALS WHEREAS, Grantors are the owners of ce1tain real prope1ty located in Garfield County, Colorado, commonly known as TBD Happy Trails Road, Rifle, Colorado 81650 as shown on Exhibit A hereto (the "Grantor Property" or "Servient Estate"); WHEREAS, Grantee is the owner of ce1tain real prope1ty located in Garfield County, Colorado, and described on Exhibit B hereto (the "Dominant Estate"); and WHEREAS, Grantors desire to grant to Grantee, and Grantee desires to accept, an easement for ingress and egress over the po1tion of the Grantor Prope1ty described on Exhibit C attached hereto, from County Road 259A to Lot 1, Jewell Exemption Plat (Amended), subject to the conditions and limitations set forth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grantors hereby grant and convey to Grantee, his heirs, successors and assigns, subject to all the terms and conditions hereof, a perpetual non-exclusive easement for pedestrian and vehicular and livestock access for Grantee and his heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of undergrnund utilities and roadway improvements, on, over, under and across those portions of the Grantor Property, more particularly described on Exhibit C, attached and incorporated herein by this reference (the "Easements"), 2. The Easement is appu1tenant to and shall run with said Dominant Estate and any part thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate, and their respective guests and invitees for the purposes set fo1th herein. 3. Grantors reserve the right of co-use of the Easements for pedestrian, vehicular, and livestock ingress and egress to the Grantor Property (the "Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate. 917057 02/07/201912:58:36 PM Page2 of9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Doc Fee: $0.00 eRecorded 4. Grantee and his successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Grantors and their successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easements and exercise of rights by Grantee or any person claiming under Grantee. 5. Grantors and their successor owners of the Servient Estate agree to indemnify, defend and hold harmless Grantee and his successor owners of the Dominant Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any prope1ty or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easements and exercise of rights by Grantors or any person claiming under Grantors. 6. The Easement shall be appurtenant to and shall run with the title to the Dominant Estate, as it may be severed in the future, and shall be binding upon and inure to the benefit and detriment of the parties, their respective heirs, successors, and assigns. This Easement Agreement shall therefore be recorded in the real prope1ty records of Garfield County, Colorado, to serve as notice to any future owners or occupants. 7. This Agreement may be amended or terminated by written agreement signed by all owners of record of the Grantor Property and the Dominant Estate, including as it may be severed in the future, and other successors to the respective interests of Grantors and Grantee to their respective properties. Any amendment must be recorded. 8. This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 9. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable expenses, attorney's fees, and costs. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. 2 917057 02/07/2019 12:58:36 PM Page 6 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Doc Fee: $0.00 eRecorded EXHIBIT B LEGAL DESCRIPTION OF DOMINANT ESTATE 35.64 AC TRAVIS JEWELL LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 28; THENCE S 79° 38' 49" W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 79° 38' 49" W ALONG SAID SOUTH LINE, A DISTANCE OF 1205.69 FEET TO THE WEST ONE-SIXTEENTH CORNER OF SECTIONS 28 AND 33; THENCE N 00° 00' 02" E ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1260.61 FEET TO Tl-IE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE N 82° 03' 37" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 1343.89 FEET TO THE SOUTH ONE-SIXTEENTH CORNER ON THE NORTH-SOUTH CENTERLINE OF SECTION 28; THENCE S 06° 43' 27" W, A DISTANCE OF 1238.98 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,552,406 SQUARE FEET OR 35.64 ACRES, MORE OR LESS. BASIS OF BEARINGS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 28 AS MONUMENTED AT THE SOUTH ONE-QUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S 28 / S 33 1978" AND AT THE SOUTHEAST CORNER BY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 / S 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEAR N 89° 38' 51" E. 6 917057 02/07/2019 12:58:36 PM Page 7 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $53.00 Qoc Fee: $0.00 eRecorded EXHIBIT C EASEMENT LEGAL DESCRIPTION -ACCESS EASEMENT LOT 2, JEWELL EXEMPTION PLAT (AMENDED) AN ACCESS EASEMENT OVER, ACROSS AND THROUGH A PORTION OF LOT 2, JEWELL EXEMPTION PLAT (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461 SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE ANGLE POINT ON THE NORTHERLY LINE OF SAID LOT 2, SAID POINT BEING THE NORTHWESTERLY CORNER OF TrlE 15 FOOT RIGHT-OF-WAY AS RECORDED UNDER RECEPTION NUMBER 157657; THENCE S 00° 01' 21" W ALONG THE WEST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET; THENCE S 89° 50' 31" W, A DISTANCE OF 30.00 FEET; THENCE N 00° 05' 01" W, A DISTANCE OF 11.72 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 2; THENCE N 83°36' 33" E ALONG SAID NORTHERLY LINE, A DISTANCE OF 30.18 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 400 SQUARE FEET, MORE OR LESS. BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 33 AS MONUMENTED AT THE NORTH ONEQUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S 28 IS 33 1978" AND AT THE NORTHEAST CORNER BY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 / S 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEAR N 89° 38' 51" E. 7 ) ) _9 1705~ 02/07/2019 12:58:36 PM Page 1 of 10 J ean Alberico, Garfield County , Colorado Rec Fee : $58 .00 Doc Fee : $0 .00 eRecorded EASEMENT AGREEMENT .-THIS EASEMENT AGREEMENT (this "Agreement") is made effective this _.2J_ day of , I C\"'--L-..___1'>--•-· , 20J:l_, between John Jewell and Georg Ann Jewell, whose address is 280 County . oad 259A, Rifle, Colorado 81650 ("Grantors"), and Travis Lee Jewell, whose street address is CR 210, Rifle, Colorado 81650 ("Grantee"). RECITALS WHEREAS, Grantors are the owners of certain real property located in Garfield County, Colorado, commonly known as TBD Happy Trails Road, Rifle, Colorado 81650 as shown on Exhibit A hereto (the "Grantor Property" or "Servient Estate"); WHEREAS, Grantee is the owner of certain real property located in Garfield County, Colorado, and described on Exhibit B hereto (the "Dominant Estate"); and WHEREAS, Grantors desire to grant to Grantee, and Grantee desires to accept, an easement for ingress and egress over the pottion of the Grantor Property described on Exhibit C attached hereto, subject to the conditions and limitations set fmth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set fotth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Grantors hereby grant and convey to Grantee, his heirs, successors and assigns, subject to all the terms and conditions hereof, a non-exclusive perpetual easement for pedestrian and vehicular and livestock access for Grantee and his heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of underground utilities and roadway improvements, on, over, under and across the pottion of the Grantor Property, more particularly described on Exhibit C, attached and incorporated herein by this reference (the "Easements"), 2. The Easement is appurtenant to and shall run with said Dominant Estate and any severed part thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate and their respective guests and invitees for the purposes set forth herein. 3. Grantors reserve the right of co-use of the Easement for pedestrian, vehicular, and livestock ingress and egress to the Grantor Property (the "Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate. 4. Grantee and his successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Grantors and their successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without 917059 02/07/2019 12:58:36 PM Page 2 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Grantee or any person claiming under Grantee. 5. Grantors and their successor owners of the Servient Estate agree to indemnify, defend and hold harmless Grantee and his successor owners of the Dominant Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any prope1ty or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Granto rs or any person claiming under Granto rs. 6. The Easement shall be appurtenant to and shall run with the title to the Dominant Estate, as it may be severed in the future, and shall be binding upon and inure to the benefit and detriment of the parties, their respective heirs, successors, and assigns. This Easement Agreement shall therefore be recorded in the real property records of Garfield County, Colorado, to serve as notice to any future owners or occupants. 7. This Agreement may be amended or terminated by written agreement signed by all owners of record of the Grantor Property and the Dominant Estate, including as it may be severed in the future, and other successors to the respective interests of Grantors and Grantee to their respective properties. Any amendment must be recorded. 8. This Agreement contains the entire agreement between the patties relating to the rights granted and the obligations assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 9. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing patty shall be entitled to recover from the other patty its reasonable expenses, attorney's fees, and costs. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. 2 917059 02/07/2019 12:58:36 PM Page 5 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBIT A SERVIENT ESTATE/GRANTOR PROPERTY 70.37 AC JOHN JEWELL LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTH ONE-HALF OF SECTION 33, ALL IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 33; THENCE N 87°52'02" E, A DISTANCE OF 929.38 FEET; THENCE N 24°43'02" E, A DISTANCE OF 90.05 FEET; THENCE S 72°28'59" E, A DISTANCE OF 284.62 FEET; THENCE S 38°24'16" E, A DISTANCE OF 464.00 FEET; THENCE S 58°39'21" W, A DISTANCE OF 92.95 FEET; THENCE S 08°29'39" W, A DISTANCE OF 72.28 FEET; THENCE S 56°19'18" W, A DISTANCE OF 126.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; THENCE S 00° 05' 05" E ALONG THE SAID EAST LINE, A DISTANCE OF 311.99 FEET TO THE NORTHEAST CORNER OF LOT 1, JEWELL EXEMPTION SURVEY (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID JEWELL EXEMPTION SURVEY THE FOLLOWING FOUR (4) COURSES: 1) S 89° 52' 31" W, A DISTANCE OF 199.77 FEET 2) S 00° 04' 23" W, A DISTANCE OF 859.96 FEET 3) N 89° 30' 04" E, A DISTANCE OF 203.00 FEET 4) S 00° 01' 21" W, A DISTANCE OF 461.45 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER; THENCE S 89° 56' 21" W ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, A DISTANCE OF 1322.48. FEET TO THE SOUTHWEST CORNER OF TRACT 21, ANTLER'S ORCHARD DEVELOPMENT AS RECORDED UNDER RECEPTION NUMBER 878224; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINES THE FOLLOWING TWO (2) COURSES: 1) N 00° 04' 41" W, A DISTANCE OF 718.88 FEET 2) S 82° 07' 29" W, A DISTANCE OF 380.94 FEET; THENCE N 05°42'14" E, A DISTANCE OF 304.52 FEET; THENCE N 33°37'15" E, A DISTANCE OF 47.54 FEET; THENCE N 34°43'51" E, A DISTANCE OF 297.31 FEET; THENCE N 00°07'26" E, A DISTANCE OF 875.80 FEET TO A POINT IN THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER; THENCE N 79°38'49" E ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. 5 917059 02/07/2019 12:58:36 PM Page 6 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBITB LEGAL DESCRIPTION OF DOMINANT ESTATE 35.64 AC TRAVIS JEWELL LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 28; THENCE S 79° 38' 49" W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 79° 38' 49" W ALONG SAID SOUTH LINE, A DISTANCE OF 1205.69 FEET TO THE WEST ONE-SIXTEENTH CORNER OF SECTIONS 28 AND 33; THENCE N 00° 00' 02" E ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1260.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE N 82° 03' 37" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 1343.89 FEET TO THE SOUTH ONE-SIXTEENTH CORNER ON THE NORTH-SOUTH CENTERLINE OF SECTION 28; THENCE S 06° 43' 27" W, A DISTANCE OF 1238.98 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,552,406 SQUARE FEET OR 35.64 ACRES, MORE OR LESS. BASIS OF BEARINGS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 28 AS MONUMENTED AT THE SOUTH ONE-QUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S28/S33 1978" ANDATTHESOUTHEASTCORNERBY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 IS 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEAR N 89° 38' 51" E. 6 917059 02/07/2019 12:58:36 PM Page 7 of 1 O Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded EXHIBITC EASEMENT LEGAL DESCRIPTION -30' ACCESS EASEMENT OVER 70.37 AC JOHN JEWELL PARCEL A THIRTY (30) FOOT ACCESS EASEMENT OVER, ACROSS AND THROUGH THE 70.37 ACRE PARCEL AS CONVEYED UNDER RECEPTION NUMBER 913184 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, SITUATED IN THE NORTH ONE-HALF OF SECTION 33, IN TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT BEING FIFTEEN (15) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, JEWELL EXEMPTION PLAT (AMENDED) AS PLATTED UNDER RECEPTION NUMBER 521461; THENCE S 00° 04' 23" W, A DISTANCE OF 21.67 FEET TO THE POINT OF BEGINNING; THENCE N 71° 07' 12" W, A DISTANCE OF 57.56 FEET TO A POINT OF CURVE;; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 21°00'40", A RADIUS OF 195.00 FEET AND A LENGTH OF 71.51 FEET TO A POINT OF TANGENT; THENCE N 50° 06' 32" E, A DISTANCE OF 184.72 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A DELTA OF 22°49'29", A RADIUS OF 160.00 FEET AND A LENGTH OF 63.74 FEET TO A POINT OF TANGENT; THENCE N 27° 17' 04" W, A DISTANCE OF 64.05 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A DELTA OF 20°07'40", A RADIUS OF 110.00 FEET AND A LENGTH OF 38.64 FEET TO A POINT OF TANGENT; THENCE N 07° 09' 23" W, A DISTANCE OF 88.48 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 10°06'04", A RADIUS OF 300.00 FEET AND A LENGTH OF 52.89 FEET TO A POINT OF TANGENT; THENCE N 17° 15' 28" W, A DISTANCE OF 233.96 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 36°47'46", A RADIUS OF 100.00 FEET AND A LENGTH OF 64.22 FEET TO A POINT OF TANGENT; THENCE N 54° 03' 14" W, A DISTANCE OF 129.25 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 11°38'30", A RADIUS OF 240.00 FEET AND A LENGTH OF 48.76 FEET TO A POINT OF TANGENT; THENCE N 65°41'43" W, A DISTANCE OF 30.18 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 26°26'15", A RADIUS OF 175.00 FEET AND A LENGTH OF 80.75 FEET TO A POINT OF TANGENT, SAID POINT BEING 15.00 FEET SOUTH OF THE NORTH LINE OF LAND CONVEYED UNDER SAID RECEPTION NUMBER 913184; THENCE S 87°52'02" W 15.00 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH LINE, A DISTANCE OF 402.48 FEET; THENCE S 79°38'49" W 15.00 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH LINE, A DISTANCE OF 151.71 FEET TO A POINT ON THE WEST LINE OF LAND CONVEYED UNDER SAID RECEPTION NUMBER 913184, SAID POINT BEING THE POINT OF TERMINUS, FROM WHENCE THE NORTHWEST CORNER OF SAID LAND CONVEYED UNDER RECEPTION NUMBER 913184 BEARS N 00° 07' 26" E, A DISTANCE OF 15.26 FEET. 7 917059 02/07/2019 12:58:36 PM Page 8 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $58.00 Doc Fee: $0.00 eRecorded SAID EASEMENT CONTAINS 1,762.90 LINEAL FEET OR 1.21 ACRES, MORE OR LESS. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT BEING LENGTHENED AND/OR SHORTENED TO MEET ON THE ABOVE REFERENCED PROPERTY LINES. BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 33 AS MONUMENTED AT THE NORTH ONEQUARTER CORNER BY A 3" BRASS CAP STAMPED "LS 10732 1/4 S 28 / S 33 1978" AND AT THE NORTHEAST CORNER BY 3" BRASS CAP STAMPED "LS 10732 T 5 S R 92 W S28 / S27 / S 33 / S 34 1978" WITH THE LINE BETWEEN BEING ASSUMED TO BEARN 89° 38' 51" E. 8 917059 02/07/2019 12:58:36 PM Page 9 of 10 Jean Alberico, Garfield County, Colorado. Rec Fee: $58.00 Doc Fee: $0.00 eRecorded CONSENT AND SUBORDINATION For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, Bank of the San Juans, a Division of Glacier Bank, whose address is Meeker Branch 504 Main Street, PO Box 600, Meeker Colorado 81641, as beneficiary of that certain Deed of Trust recorded October 19, 2018 at Reception No. 913186 in the records of the Clerk and Recorder of Garfield County, Colorado, and all related documents and instruments (collectively, the "Deed of Trust"), hereby consents to the execution of that certain Easement Agreement to which this Consent and Subordination is attached, subordinates the lien of the Deed of Trust to the Easement Agreement and agrees that any foreclosure of the Deed of Trust shall not adversely affect the existence or continuing validity of the F,asement Agreement. The Easement Agreement shall run with the land and remain in full force and effect as if such were executed, delivered, and recorded prior to the execution, delivery, and recording of the Deed of Trust. IN WITNESS WHEREOF, the undersigned have executed this Subordination this day of 27/·'t /4twu.:J."4V ,2019. 21 J STATE OF COLORADO COUNTYOF~'o ~~LJ?J ) ) ss. ) Bank of the San Juans, a Division of Glacier Bank By:~~«-.~~ Title: t/,X-C.,..U,1 _L,.,.e;.1.-11-I t...o~ e,£¥'},:_,,..,,. The foregoing instrument was acknowledged before me this;:?'?' day of ~u-ua.o/, 2019,by Q:;,,.,,~ I(. tt/1/&6'"'-as v,~,P..-..r,..f..nt:ofBankoftheSanJuans,a Division of Glacier Bank. Witness my hand and official seal. My commission expires: ~ cJ V / 'J. [} 0 / 1 NoWylfll"':V ~ KATHRINE AMICK NOTARY PUBLIC STATt 0~ OOL:ORAOO NOiARY lD#20164044161 ~yComlt\l~AJon !~Plrot N©Yombtr 12, 2010 )j 947897 12/31/2020 11 :31 :37 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee : $21.50 eRecorded SPECIAL WARRANTY DEED (Joint Tenants) ,John Jewell and Georg Ann Jewell, hereinafter referred to as "Gran tors", do, for and in consideration of the sum o f ten dollars and ot her good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confinn unto Arcelia Murillo 1111d Humberto Murillo hereinafter "Grnntees", their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, tog ether with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows : A.portion of that pnrcel of land recol'ded under Reception Number 913184 located in the Northeast Qharter of Section 33, Township 5 South, Range 92 West of the Sixth Principal Meridian and being more particularly descl'ibed as Tt·act 20 of Antlers O1·chard Development Company's Plat No. 1 recorded September 18, 1908 as Reception No. 37488, County of Garfield also known by street and number: 0 Happy Trails Road, Rifle, CO 81650 TOGETHER with all and singular the hereditam ents and app11rtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rent s, issues and profits thereof, and all the estate, right, title, interest, clnim and demfmd whatsoever of the grantor{s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns fore,ver. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bnrgained premises in the quiet nnd peaceable possession of the grantees, their heirs and assigns, against all and every person or perso ns claiming the whole or any pnrt thereof, by , through or under the grantor(s); excepting from the grantor's warranty, general taxes and assessments for the year 2020 and subsequent years; and "subject to stah1tory exceptions" ns defined in§ 38-30-l l 3{5)(a), C.R.S. Special Warran ty Peed File No.: 2020-10-98 1 I I' a~ c 1001868 11/18/2024 08:43:02 AM Page 1 of 3 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $0.00 eRecorded EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made effective this / 1/ 11i day of November, 2024 between John Neil Carroll as Grantor and John Jewell and Georg Ann Jewell as Grantees. RECITALS WHEREAS, Granter is the owner of certain real property located in Garfield County, Colorado, as conveyed to him in Special Warranty Deed recorded January 9, 2019 as Reception No. 916114 (the "Granter Property" or "Servient Estate"); WHEREAS, Grantees are the owner of certain real property located in Garfield County, Colorado, as conveyed to them in Special Warranty Deed recorded October 19, 2018 as Reception No. 913184 (the "Dominant Estate"); and WHEREAS, Granter desires to grant to Grantees, and Grantees desire to accept, an easement for ingress and egress over Grantor's Property as shown on Exhibit A attached hereto, subject to the conditions and limitations set forth in this Agreement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Granter hereby grants and conveys to Grantees, their successors and assigns; subject to all the terms and conditions hereof, a non-exclusive perpetual easement for pedestrian and vehicular and livestock access for Grantees and their heirs, successors and assigns, and each of their guests, tenants, and invitees, and for installation, repair, maintenance and replacement of underground utilities and roadway improvements, on, over, under and across Grantor's Property, the location of which is westerly of Tract 13 Antlers Orchard Development and designated as "Esmt to be recorded by separate document" as shown on Exhibit A, attached and incorporated herein by this reference (the "Easement"). 2. The Easement is appurtenant to and shall run with said Dominant Estate an9 any severed part thereof. The Easement shall be available for use by all present and future owners of the Dominant Estate and their respective guests and invitees for the purposes set forth herein. 3. Grantor reserves the right of co-use of the Easement for pedestrian, vehicular, and livestock ingress and egress to the Grantor's Property (the "Servient Estate"), and for installation, repair, maintenance and replacement of utilities to or benefitting the Servient Estate. 4. Grantees and their successor owners of the Dominant Estate agree to indemnify, defend and hold harmless Granter and his successor owners of the Servient Estate from and against any and all claims, damages, loss and expense whatsoever, including attorneys' fees and other legal expenses, by reason of any injury to any person or persons (including, without limitation, death or bodily harm), damage to any property or breach of any governmental regulation, statute or ordinance resulting from, directly or indirectly, use of the Easement and exercise of rights by Grantees or any person claiming under Grantees. 5. Grantor and his successor owners of the Servient Estate agree to indemnify, defend and hold harmless Grantees and their successor owners of the Dominant Estate from and against any and all claims, damages, loss 1 of 2 1111 W)fa1~1!I~~ ~I\N1~r.11.~~~~1.-tl,}Wr»ri'ilaii'ri\lli 11 lll 6 Reception#: 995129 , 04/12/2024 01:54,39 PM Jacklyn K. Harmon 1 of 3 Rec Fee:$23,00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT TO EASEMENT AGREEMENT , THIS AMENDMENJ_ T9J-EASEMENT AGREEMENT is made effective this JD day of Qen l , 202~! b~ween John Jewell and G~crg Ann Jewell, whose address is 280 Co nty Road 259A, Rifle, Colorado 81650, and John Neil Carroll, whose address is r{)69-4 f?.t tie Co g 1 4,sv RECITALS WHEREAS, John Jewell, Georg Ann Jewell and John Neil Carroll executed an Easement Agreement on January 23, 2019, and said Agreement is recorded in the records of the Garfield County Clerk and Recorder as R.N. 917056 (the "Easement Agreement"); and • WHEREAS, Paragraph 1 of said Easement Agreement provides that a non-exclusive perpetual easement was granted by John•Jewell and Georg Ann Jewell to John Neil Carroll; and WHEREAS, Paragraph 7 of said Easement Agreement provides that the Agreement may be amended by written agreement signed by all owners of record of the Granter Property and the Dominant Estate and that any such amendment must be recorded; and WHEREAS, the parties to such Easement Agn!ement now desire to amend said Easement Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the fore&oing Recitals, and other good and valuable consideration, the receipt and sufficiency of which ai i.i hereby acknowledged, the parties hereto agree as follows: 1. Paragraph 1 of the Easement Agreement recorded in the records of the Garfield County Clerk and Recorder as R.N. 917059 is hereby amended to read as follows: "1. Granters hereby grant and Mnvey to Grantee, his heirs, successors and assigns, subject to all the terms ar.d conditions hereof, an exclusive perpetual easement for p~destrian anc V"'hiculi,r an•. 1i .'estoc> r1ccess fer Grantee and his heirs; c;uccessors and as-;igns, and e2•: :1 of tkiir t;· 1€:ts, :•~mints, and invitees, and for instaHation, repair, maintenance and repl,;:eme-nt _,.f ur,derground utilities and roadway improvements, on, over, under and ;-,cress the PL•rt;;~)n of the Granter property more particularly described on Exhibit C, attached cind ir,cr,rpor=:i~,:~tl .12 ··ein by this reference {the 11 F.as('ment").11 IN WITNESS WHEREOF the parties have executed this Amendment to Easement Agreement as of the date first set hrth auov<:!. Section 3 Tract 3 and Tract 4, A. O. D. Amendment No. 1 – Ledger size Plat Document Tract 3 and Tract 4, A. O. D. Amendment No. 1 – Full size Plat Document Waiver requests are included in Letter of Intent