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HomeMy WebLinkAboutR13-098 Diemoz River Ranch Vacation of Final Plat Commissioner (J,b l a 2- - ■-+moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013-0 I b VACATION OF THE FINAL PLAT AND SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT FOR THE DIEMOZ RIVER RANCH PUD (A.K.A. the"CARRICARTE PROPERTY") WHEREAS, on November 26, 2012, Michael and Natalie Carricarte (the "Applicants") submitted a request to the Board of County Commissioners(hereinafter the"Board")to vacate the Final Plat(the"Final Plat") for the Diemoz River Ranch Planned Unit Development(the"Diemoz River Ranch PUD"),a 46.7 acre parcel(the"Property")located adjacent to Hooks Spur Road Right- of-Way, and due West of the Hooks Spur Road Bridge; SE '/ of Section 3;NW % Section 11, and; NE '/ Section 10; Township 8 South, Ranch 87 West of the 6th Principle Meridian, in El Jebel, Colorado, and; WHEREAS,the Final Plat for PUD,attached hereto as Exhibit"A"and incorporated herein, was approved on April 24, 2001, and was subsequently recorded on May 10, 2001, at Reception Number 756794, in accordance with the Diemoz River Ranch Preliminary Plan for PUD, creating four (4) lots and associated building envelopes, associated easements and rights-of-way, and a common open space area(Eagle County File No. PDF-00049), and; WHEREAS,the Final Plat was approved subsequent to approval of the Diemoz River Ranch Preliminary Plan for Planned Unit Development (Eagle County File No. PDP-00007) and the companion request for an Amendment to the Official Zone District Map for Eagle County(Eagle County File No.ZC-00022)to rezone the Property from Resource(R)Zone District to Planned Unit Development(PUD), and; WHEREAS,the Final Plat includes and describes a five foot public fishing easement on or over portions of the Property(the "Fishing Easement"); a public right-of-way dedication to Eagle County for a portion of Hooks Spur Road; a private access easement granted to an individual by the name of Amy French; and a utility easement granted to Holy Cross Energy(the"Holy Cross Utility Easement"); and Page 1 of 4 WHEREAS,a Subdivision and Off-Site Improvements Agreement (the"SIA")for Diemoz River Ranch PUD, such SIA attached hereto as Exhibit`B"and incorporated herein,was executed by and between the developer and Eagle County on April 24, 2001, and subsequently recorded on April 30, 2001, at Reception Number 755728, and; WHEREAS, the Applicants' request to vacate the Final Plat was submitted concurrently with separate requests to amend the Official Zone District Map for Eagle County(Eagle County File No.ZC-4096),specifically to re-zone the Property from the Planned Unit Development Zone District (PUD)to the Resource(R)Zone District; to vacate the Fishing.Easement(Eagle County File No.G- 4097); and to evidence via separate documents the right-of-way dedication to Eagle County for a portion of Hooks Spur Road,the private access easement to Amy French and the Holy Cross Utility Easement; and WHEREAS,in conjunction with the request to vacate the Fishing Easement,the Applicants proposed to grant to Eagle County a new fishing easement for the benefit of the public, to be conveyed via a separate easement agreement and recorded in the records of the Eagle County Clerk and Recorder; and WHEREAS,the Fishing Easement has been vacated pursuant to Eagle County File No. G- 4097, as approved by the Board pursuant to Resolution No. 16- (p and the new public fishing easement has been recorded in the records of the Eagle County Clerk and Recorder at Reception No. 0(0 , a copy of which is attached hereto as Exhibit"C"; and WHEREAS, in conjunction with the request to vacate the Final Plat, the Applicants proposed to execute a quit claim deed to evidence the dedication to Eagle County of the public right- of-way for a portion of Hooks Spur Road, to be recorded in the records of the Eagle County Clerk and Recorder; and to record evidence of the Holy Cross Utility Easement and the private access easement to Amy French; and WHEREAS,a quit-claim deed to evidence the right-of-way dedication to Eagle County for the portion of Hooks Spur Road described on the Final Plat has been recorded in the records of the Eagle County Clerk and Recorder at Reception No.201319671,a copy of which is attached hereto as Exhibit"D"; and WHEREAS,the Applicants recorded an easement agreement dated January 18,2013,in the records of the Eagle County Clerk and Recorder at Reception No.901301168 to evidence the private access easement with Amy French described on the Final Plat,a copy of which is attached hereto as Exhibit"E"; and WHEREAS,the legal description of the Holy Cross Utility Easement and a letter from Holy Cross Energy have been recorded in the records of the Eagle County Clerk and Recorder at Reception No. 201319670 to evidence the utility easement described on the Final Plat, a copy of which are attached hereto as Exhibit"F"; and Page 2 of 4 WHEREAS, a boundary survey has been created for the Property to delineate the boundary of the Property following vacation of the Final Plat, a cop of which survey is attached hereto as Exhibit "G" and incorporated herein, and; WHEREAS, no development permits for the Property have been issued since the time of Final Plat approval and no construction activities have commenced on the Property pursuant to the PUD Preliminary Plan, Final Plat and associated SIA, and; WHEREAS, no public hearing or notice is required to vacate a final plat. WHEREAS, at a public hearing held on May 2, 2013, the Roaring Fork Valley Regional Planning Commission unanimously voted to recommend approval of the Applicants' request to vacate the Final Plat; and WHEREAS,at a public hearing held on May 28,2013,the Board approved the Applicants' request to vacate the Final Plat, and concurrently approved,pursuant to Resolution No. I 0'11 , the Applicants' request for a zone district amendment with conditions ( File No. ZC-4096), and pursuant to Resolution No. 13-0114 , Applicants' request for vacation of a public fishing easement with conditions (File No. G-4097). NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, that the Final Plat and associated SIA are hereby VACATED. THAT the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the (6--- day of October, 2013, nunc pro tunc to the 28`h day of May, 2013. //SIGNATURE PAGE TO FOLLOW// Page 3 of 4 COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its eF EAa�� A RD OF COUNTY COMMISSIONERS ATTEST: i /' z • By: ORA':. Teak J. Simonton Sara J. Fisher, Chairman Clerk to the Board of County Commissioners p . By: f/ ian H. Ryan, Co ssioner . Ldi Kathy tit, dler-Henry, Commissioner Commissioner —Y , seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Sara J. Fisher ?S Commissioner Jillian H. Ryan Commissioner Kathy Chandler-Henry This Resolution passed by / v vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Page 4 of 4 , . i 01. _rn tilf tl NO i av Pr a. r E i . 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Id 48 I— 88r: ,IU.: --------------------FMIC.788--------- 8t in " g;.,a --2-----------------------,,,,,,, ii: q--------- Hilt W I i 5;t3 113 ' I % G ! - r '7 -- 5( 110111011111 111 1111111 1111 11111 755728 of Page: 1 13 04/30/200] 11:14A Sara J Fisher Eagle, CO 89 R 0.00 0 0.00 SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT DIEMOZ RIVER RANCH File No. PDF-00049 THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT("Agree- ment")made and entered into this L441-L. day of i L ,2001,by and between Oscar F. Diemoz and Vivian L.Diemoz Trust and Diemz Family Trust(hereinafter "Subdivider")and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter"County"). WITNESSETH WHEREAS, the Subdivider, as a condition of approval of the Final Plat of Diemoz River Ranch(hereinafter referred to as "Subdivision"), desires an Agreement as provided for by the Land Use Regulations of Eagle County,Colorado, 1999, as amended("hereinafter referred to as "Land Use Regulations")Chapter II, Section 5-280.B.5.e. and C.R.S. §30-28-137; and WHEREAS,pursuant to the same authority,the Subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of certain public improvements hereinafter described("Subdivision Improvements"); and WHEREAS,pursuant to Chapter II, Section 4-620 of the Land Use Regulations,when a proposed subdivision is located in an area serviced by an existing County road and the County determines that the traffic generated by such development will result in safety hazards for vehicle drivers,pedestrians and/or adjacent residents, or will result in substantially increased mainte- nance costs to the County,the County is empowered to determine the amount of work necessary to bring the affected County road to acceptable standards to provide adequate safe service to present owners,to the proposed subdivision and to other probable subdivisions, and to require the Subdivider to improve its equitable portion of such road to an acceptably safe condition; and WHEREAS,the County has determined that the traffic which will be generated by the Subdivision, along with other potential subdivisions in the area,will result in safety hazards and substantially increased maintenance costs relative to the off-site roads; and 1 G:Vackic\SIA\Diemoz River Ranch.wpd EXHIBIT 755729 Pay.: 2 of 13 04/30/2001 11:148 Sara J Fisher Eagle, CO 69 R 0.00 D 0.00 WHEREAS,the Subdivider has agreed to improve the roads to an acceptably safe condition and to accommodate the incremental increase in traffic burden to the said roads result- ing from the development of this Subdivision,by the engineering, construction and completion of physical improvements to the said road as set forth in this Agreement; and WHEREAS, as a further condition of approval of the final plat of this Subdivision, the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County to make reasonable provision for completion of the Subdivision Improvements, including but not limited to off-site road improvements,referred to herein; and WHEREAS,pursuant to Chapter II, Section 4-620.9 of the Land Use Regulations and C.R.S. 43-2-147,the Subdivider shall provide access for all lots and parcels it creates to the state highway system in conformance with the State Highway Access Code. NOW,THEREFORE,in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. SUBDIVISION IMPROVEMENTS. 1.1 Subdivision Improvements. Subdivision Improvements are deemed to include all public improvements, including but not limited to off-site improvements- including roads, utilities and other similar public improvements. 1.2 Scope of Work. The Subdivider hereby agrees, at its sole cost and expense,to furnish all necessary equipment and material, and to complete all Subdivision Improvements as referenced in the attached Exhibit "A", and as set forth in all documents, construction drawings, designs,maps, specifications, sketches, and other materials submitted by the Subdivider prior to or at final plat approval and accepted by the County, and in accordance with all laws of the United States of America, State of Colorado, County of Eagle, and their respective agencies and affected governmental entities. Such performance shall include acquisition of all necessary rights-of-way. 1.3 Duties of Subdivider. For those Subdivision Improvements required herein, including but not limited to the reconstruction and physical improvement of that portion of any road subject to this Agreement,the Subdivider shall retain an engineer whose duties shall include construction staking, observation of construction for conformance to the approved plans and specifications, and materials sampling,testing and inspection using the Colorado Department of Highways 2001 Field Materials Manual as a guide for frequency of sampling and testing. 2 G:Uackie\SIA\Diemoz River Ranch.wpd 1111 1101 :32020°81 Page755: 13 04/30 11:14A Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 1.3.1 Construction Staking. Where applicable and by way of example only,the following is a highlighting of the construction staking that will be required of the Subdivider: a. Roadway-horizontal and vertical control every 50 feet or every 25 feet in critical areas, specifically including: -slope staking -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b. Water, Sewer,and Other Utilities -horizontal and vertical control every 100 feet,or every 50 feet in critical areas. 1.3.2 Testing. Where applicable and by way of example only,the following is a highlighting of the acceptance testing that will be required of the Subdivider: a. Utility and drainage culvert trench backfill under roadway prisms-one density test per 200 C.Y. of backfill or a minimum of one test per roadway crossing. This will require daily visits to the site by a testing laboratory when utilities or drainage culverts are being backfilled within the roadway prism. b. Embankments for roadways-one density test per 2,000 C.Y. of any additional embankment(s); and one density test per 500 C.Y. when within 100 feet of bridge approaches." c. Finished sub-grade-one density test per 250 lineal feet of roadway. d. Aggregate base course-one in-place density per 250 lineal feet of roadway,and gradation and Atterberg Limits test per 2000 tons of aggre- gate base course. e. Hot Bituminous Pavement-two asphalt content, gradation and in-place density tests per day's production. 3 G:\Jackie\SIA'Diemoz River Ranch.wpd • 755728 Page: 4 of 13 04/30/2001 11:14A Sara J Fisher Eagle. CO 89 R 0.00 D 0.00 f. Concrete-Curb and Gutter, Sidewalks and Bikepaths-tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. 1.3.3 Notification/Road Construction. Subdivider or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48)hours in advance of the following stages of road construction: 1) Finished subgrade 2) Finished Aggregate Base Course 3) Asphalt Placement. 4) Concrete- Curb and Gutter, Sidewalks and Bikepaths The County Engineer shall make an on-site visit within the forty-eight(48)hours notification period for the purpose of observing proof rolls on items 1) and 2)above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Subdivider's engineer to a minimum of three divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to acceptance of the Subdivision Improvements by the County. In addition to witnessing of the horizontal location of these laterals, a vertical witness shall be required. Horizontal witnessing shall be to property corners, fire hydrants,manholes, and other"permanent" features. Vertical witnessing shall be based on depth below ground and elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.3.5 Test Reports. All test repOrts shall be consecutively numbered,with copies furnished directly to the Eagle County Engineer from the laboratory as they are reported to the Subdivider or its engineer. 1.3.6 Record Drawings of Subdivision Improvements. Record drawings,sealed, signed and dated by a Registered Professional Engineer showing the as-constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to completion of the two year warranty period and the final release of Collateral by the County. 4 G:■ackie'SIA\Diemoz River Ranch.wpd 111111111111111111111111111111 755728 Page: 5 of 13 04/30/1001 11:14A Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that the subdivision has been monumented in accordance with §38-51-105, C.R.S., and Chapter II, Section 5-280.5.a (1)(a)of the Eagle County Land Use Regulations shall be provided to the Eagle County Engineer prior to the acceptance of the Subdivision Improvements by the County. 1.4 Compliance with Colorado Department of Highways Access Code. Subdivider shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. 1.5 Date of Completion. All Subdivision Improvements shall be completed prior to January 15,2005. 1.6 Approval and Acceptance of Work. 1.6.1 Copies of all test results corresponding to work which is being inspected and any other information which may be necessary to establish the satisfactory completion of the work for which inspection is requested must be submitted prior to said inspection. All such information shall be accompanied by a letter from the Subdivider's engineer verifying the satisfactory completion of the work performed to date. 1.6.2 Notwithstanding Section 1.3.3 above,promptly after receiving a request for inspection and the required documentation,the County Engineer shall review the information presented and,if necessary,make an on-site inspection of the work completed. 1.6.3 All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is unknown. Prior to any substitution of collateral the Subdivider shall provide to the County Engineer, an estimate prepared by a professional engineer of the total cost of the improvements as summarized in Exhibit"A"or proof of actual costs of the improve- ments if they have already been installed. To secure and guarantee performance of its obligations as set forth in this Section 1,including the completion of the required Subdivision Improve- ments,the Subdivider hereby agrees to provide security and collateral in the form and as set forth in Section 2,below. 5 G:Vackie\SIA\Diemoz River Ranch.wpd 755728 Page: 6 of 13 04/30/2001 11:14A Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 2. SECURITY and COLLATERAL. 2.1 Collateral. Security and Collateral required in Section 1.6 herein, as security for the performance by Subdivider of its obligations under this Agreement, shall be in the form of a plat note in substantially the following form: Nat Note: No lots within Diemoz River Ranch shall be sold,transferred or otherwise conveyed-nor shall any building permit be issued by Eagle County for these lots -until all of the improvements required under the Subdivision Improvements Agreement recorded at Reception No. , are either(a)in place and approved by Eagle County,or(b) collateralized in the form as described in the Subdivision Improvements Agreement and Land Use Regulations and acceptable to Eagle County to secure the performance of the obligations as described in the Agreement. This Plat Note shall only be released in accordance with the proce- dures set forth in Eagle County Resolution No. 95-35. Any documentation denoting the release of the Plat Note shall be recorded in the Eagle County Clerk and Recorder's Office. 2.2 Partial Release of Collateral. Subdivider may apply to the County for the release of portions of the Collateral based upon work completed in accordance with this Agreement. To make such releases, Subdivider shall request the County Engineer to inspect the work in order to verify satisfactory completion in accordance with plans and specifications in accordance with Section 1.6. 2.3 Final Release of Collateral/Warranty. Within thirty(30) days after Subdivider has completed all of the work required by this Agreement and the work has been approved and accepted by the County,the entire remaining amount of the Collateral, less an amount equal to ten percent(10%)of the original Collateral, shall be released. Subdivider shall be responsible for the condition of the Subdivision Improvements for a period of two years after completion;this shall be guaranteed either through the retention of Collateral, as set forth above,or Subdivider may provide a guarantee bond in an amount and in a form acceptable to the County-which would be substituted for the release of the entire amount of the Collateral. 2.4 Substitution of Collateral. The Subdivider may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County,to guarantee the faithful completion of the Subdivision Improvements referred to herein 6 G:Vackie\SIA\Diemoz River Ranch.wpd 111111111111111111111 111111 755728 Page: 7 of 13 04/30/2001 11:14A Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 and the performance of the terms of this Agreement. At the time of substitution of collateral, an inflationary and/or deflationary factor based upon the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers,All Items(1967=100)published by the U.S.Bureau of Labor Statistics, 303-837-2467,or, alternatively, an approved construction cost index, shall be used to determine an adjusted estimated cost for all Subdivision Improvements as described herein, and collateral shall be submitted by the Subdivider in accordance therewith. 2.5 Draws. Draws against the Collateral shall only be made as directed by written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the work required by this Agreement and related expenses and costs. 2.6 Events of Default. The following events shall be deemed "Events of Default," entitling the County to draw on the Collateral: 2.6.1 If Subdivider has not completed the work required by this Agreement within thirty(30)days prior to the Date of Completion set forth herein,the County may, after ten (10)working days written Notice to Subdivider, draw upon the Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses related to said draw. 2.6.2 If the original collateral presented to the County(or any extension thereof) is due to expire and the work is not yet completed,and Subdivider has not provided substitute collateral or the bank's written extension to the original collateral(as it may have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is Subdivider's responsibility,with or without notice,to ensure that the Collateral is extended,or that substitute collateral is provided in a form acceptable to the County,at least ten days prior to its expiration. If Collateral is neither extended nor substitute collateral provided,in a form acceptable to the County,at least ten days prior to its expiration,the developer shall pay the County an additional$500(Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute collateral in a timely manner as required by this agreement. 2.6.3 If the Collateral is substituted, as otherwise provided herein,this Agreement may be amended or modified in order to set forth specific Events of Default deemed necessary, in the County's sole discretion, commensurate with the type of collateral substituted. 2.7 Costs and Expenses. Subdivider agrees to pay any costs and expenses,including but not limited to legal fees,which the County may incur in determining to accept collateral, in drawing upon the Collateral,or in accomplishing an extension of its expiration. 7 G:\Jackie\SIA\Diemoz River Ranch.wpd 111111111111111111111011111111111111111 755728 Page: 8 of 13 04/30/2001 11:14A Sara J Fisher Eagle. CO 89 R 0.00 D 0.00 2.8 Materials and Payment Bond. In addition to the Collateral described herein,the Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contrac- tors, suppliers and materialmen are paid. Such bonds shall conform with the requirements of Title 38,Article 26, Colorado Revised Statutes. Subdivider shall also retain funds from all contractors employed for Subdivision Improvements as required by said Article, and further shall coordinate with the County Attorney to ensure proper Notice of Final Settlement and Retention of Funds, as required. 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Subdivider shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor,materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims against the County because of the activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Subdivider shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of$150,000 per individual and$600,000 per occurrence,naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision Improvements,shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24,Article 10,Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not,nor shall any officer or employee thereof,be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements specified in this Agreement prior to the comple- tion and acceptance of the same;nor shall the County, nor any officer or employee thereof,be liable for any persons or property injured or damaged by reasons of the nature of said work on the Subdivision Improvements,but all of said liabilities shall be and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the County and any of its officers,agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to,insofar as any such losses, claims, damages or liabilities(or actions in respect thereof)arise out of or are based upon any performance by the Subdivider hereunder; and the Subdivider shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss,claim,damage,liability or action. This indemnity provision shall be in addition to any other liability which the Subdivider may have. 8 G:\Jackie\SIA\Diemaz River Ranch.wpd 11113 1111111111111111111 772 Page: 9 of 8 13 04/3550/2001 11:14A Sara J Fisher Estill), CO 89 R 0.00 D 0.00 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements,including off-site improvements, set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Subdivider shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations,including but not limited to the Regulations for Construction within the Public Ways of Eagle County(Chapter V), as the same are in effect at the time of commencement of construction of the Subdivision Improvements referred to herein. 4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations,the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two-year correction period,or such longer period as may be prescribed by law, from the time of completion of the Subdivision Improvements during which time the Subdivider shall promptly correct or remove and replace,in accordance with the County's written instructions,defective work or materials and consequences thereof. Repair or replacement made under the two-year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected, at the request of the Subdivider,no less than sixty(60)days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Subdivider. 4.4 Approval of Final Plat. The County agrees to the approval of the final plat of this Subdivision, subject to the terms and conditions of this Agreement. 4.4.1 Final Plat Amendments. Where field changes or other circumstances have caused the road,utilities, or other subdivision improvements to be constructed in locations different from those shown on the approved plans,the locations of rights-of-way,easements, lot lines,building envelopes, setback lines,or other attributes shown on the Final Plat shall be amended as necessary to comply with Final Plat requirements of the Eagle County Land Use Regulations 4.5 Amendment and Modification. The parties hereto mutually agree that this Agree- ment may be amended or modified from time to time,provided that such amendment or modification be in writing and signed by all parties hereto. 9 G:uackie\SIA\Diemoz River Ranch.wpd 111111111111111111111111111111111 7P0845,63507/2120081f1113:140 Sara J Fisher Eagle. CO 89 R 0.00 D 0.00 4.6 Assignability. This Agreement shall be enforceable against the Subdivider,provided, however,that in the event the Subdivider sells,transfers or assigns all or part of the subject Sub- division,the obligations of the Subdivider under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser of the parcel, and the Subdivider shall have no further obligations hereunder. It is agreed,however,that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assump- tion following an investigation of the financial condition of the purchaser. The Subdivider shall not otherwise assign,transfer,convey,pledge or otherwise dispose of this Agreement without prior written consent of the County,which consent shall not be unreasonably withheld. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the off-site Subdivision Improvements set forth herein by the County, each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Subdivider. When it is neces- sary to allow the general public to utilize the roadways under construction by the Subdivider, traffic control and warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation,Federal Highway Administration. 4.9 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms,covenants, agreements or conditions contained herein. 4.10 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails,postage prepaid,certified or registered mail,return receipt requested. 10 G:Vackie\SIA\Diemoz River Ranch.wpd 755728 Pogo: 11 of 13 04/30/2001 11:14A Sara J Fisher Eagle, CO 89 R 0.00 0 0.00 IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 9q ..,day of _�G�ri e.p , ,2001. i�_ _ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ay c.wEc Z Y. Clerk to the Bo. ; of * c Tom C. Stone, Chairman County Commissioners Address for giving notice: P.O.Box 850 Eagle, CO 81631 (970) 328-8685 11 G:Jackie\SIA\Diemoz River Ranch.wpd 755728 Pay.: 12 of 13 Sara J Fisher Eagle, CO 89 R 0.00 04/30DD20.0011:14A SUBDIVIDER: Diemoz Family Trust • By: v-l/1-L L •n-� '�Y Vivian L. Diemoz, Trustee By: (Qt...h.t5/6i Jani e Duroux, Trustee Address for giving notice: 1569 Willits Lane Basalt, CO 81621 (970) 927-3549 STATE OF COLORADO ) ) SS County of Eat- ) The foregoing was acknowledged before me this 114= day of r ( ,2,001, by Vivian L. Diemoz, as Trustee of the Diemoz Family Trust. WITNESS my hand and official seal. ; ' r '.` . •. t1 i hf r S� - } ,- .a•My commission expires �' ct�J �;; •`•1 KkAA 774-22i7 Not Public =;1 STATE OF COLORADO ) ) SS County of The foregoing was acknowledged before me this —1 — day of A2,i 1 ( , 2001, by Janice C. Duroux, as Trustee of the Diemoz Family Trust. WITNESS my hand and official seal. My commission expires 1.(- 7: ubhc G:Vackie\SIA\Diemoz River Ranch.wpd : ;�2 ..i�\� 'C' s;.t; J,, 1 1 1,11 IN ill 11111 111'1 IN 11 111111 Il 111 57 Pap75e; 1 230 8 of 04/30/201 11 13:14P Sara J Fisher Eap1e, CO 89 R 0.00 D 0.00 SUBDIVIDER: Oscar F.Diemoz and Vivian L. Diemoz Trust • By: TI-1)(71--�•��d Vivian L.Diemoz,Trustee By: gr� ( Janice 110;uroux, Trustee Address for giving notice: 1569 Willits Lane Basalt, CO 81621 (970)927-3549 STATE OF COLORADO ) ) SS County of `c 4 L. ) �J ±i_ The foregoing was acknowledged before me this 1 - day of F lFt r 1 , 2001, by Vivian L. Diemoz,as Trustee of the Oscar F.Diemoz and Vivian L. Diemoz Trust. WITNESS my hand and official seal. .•. ��:0 '-I;�. My commission expires E -9 ���=' 4 yrt tO c r1'•,�}�, . „n�1.\hAiNlX— V Wt..jr, ',/..� -,i --1 4,7i;.1 c, .k- Nota ub1ic e.N "'`• ).i' `----,-r) ':'' yr G O V)s r. STATE OF COLORADO ) p.i.. ;,. ) SS County of ) The foregoing was acknowledged before me this �{ r- day of A ,t1 t ,2001, by Janice C.Duroux, as Trustee of the Oscar F.Diemoz and Vivian L. Diemoz Trust. WITNESS my hand and official seal. 0`' ✓ 'A',4,1 , ' r CI r' My commission expires c,•c(. - ; -! ,' ,a Notary uibhic Vi^.r'-` C l. f-f . ' . .'e' 13 13 G:Vackie\SIA1Diemoz River Ranch.wpd PUBLIC FISHING EASEMENT AGREEMENT BETWEEN MICHAEL AND NATALIE CARRICARTE AND EAGLE COUNTY,COLORADO THWUBLI FISHING EASEMENT AGREEMENT (this "Agreement") is granted on this 2.?' day of , 2013, by MICHAEL AND NATALIE CARRICARTE, whose address is 1093 AlA Beach Blvd., #389, St. Augustine, FL 32080 ("Grantor"), to the COUNTY OF EAGLE, STATE OF COLORADO, whose address is P.O. Box 850, 500 Broadway, Eagle, Colorado 81631 ("Grantee"), collectively,the "Parties". RECITALS: A. Grantor is the owner of real property located in Eagle County, State of Colorado, described on Exhibit A, attached hereto and made a part hereof(the "Property"). B. The Parties desire to provide for a public fishing easement over a certain portion of the Roaring Fork River situated within the Property for the recreational use and enjoyment of the public, all in accordance with the terms and conditions of this Agreement. EASEMENT: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Grantor and Grantee mutually agree as follows: 1. Grant of Fishing Easement. Grantor hereby grants to Grantee a non-exclusive easement within the portion of the Roaring Fork River situated on the Property from the southern and western high water mark on the Property to the northern and eastern Property boundaries in the Roaring Fork River, as further described and depicted as the "Fishing Easement" on Exhibit B attached hereto (the "Easement Area"). The Fishing Easement shall be made available to, and is for the benefit of, the public for the limited purposes of floating by boats and rafts, anchoring by boats on the river bottom to allow for fishing from the boat, and, in cases where a boat becomes immobile or capsized, the right to portage around impediments in the river (the "Easement"). Except for cases where a boat becomes immobile or capsized, the Easement does not include the right of any person to step onto any dry land on the Property and, in no event, shall the Easement include the right of any person to access or exit the river by or through the Property. 2. Maintenance. Grantor shall have no obligation for repair and/or maintenance of the Easement and/or the Easement Area. 3. Rights of Grantor. Grantor shall have the rights accorded to the general public to use the Easement. Grantor reserves the right, but is not obligated to, remove or exclude from the Property any persons who are in locations other than within the Easement Area (such as areas of dry land on the Property). EXHIBIT 1 1 #01 4. No Charge for Access. Neither Grantee nor Grantor shall charge a fee for use of the Easement. 7. No Liability. Grantor by entering into this Agreement shall not assume any liability to the general public with respect to use of the Easement or Easement Area including, without limitation, the following: (i) any unsafe condition within the Easement Area; (ii) the failure to inspect for or warn against possible unsafe conditions within the Easement Area; or (iii) the failure to close the Easement when unsafe conditions may be present. Grantor shall not be liable for injury or damages occurring in the Easement or within the Easement Area, and subject to the foregoing, Grantee hereby assumes any and all liability for injury or damages occurring within the Easement Area. Such liability shall not exceed an amount equal to any limits set forth in the Colorado Governmental Immunity Act now existing or as may hereinafter be amended, nor confer any rights or benefits on any person not a party to this Agreement. Grantor shall have all of the protections available to it under Colorado law including limitations of liability pursuant to Title 33, Article 41 of the Colorado Revised Statutes. Grantee shall have all protections available to it under Colorado law and Grantee does not waive or intend to waive the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 8. Insurance. Grantee shall obtain and maintain at all times commercial general liability insurance ("CGL"), which policy shall provide for insurance consistent with the limits of liability under the Colorado Governmental Immunity Act. The CGL policy shall name Grantor, its successors and assigns, as an additional insured. Grantee shall provide Grantor, its successors and assigns, with evidence of such insurance and verification of payment of premiums therefor, upon any request therefor by Grantor. 9. Indemnification. To the extent permitted by law, Grantee agrees to indemnify, defend and save harmless Grantor, its successors and assigns forever, from and against any and all demands, claims, causes of action or judgments, losses, liabilities, costs and expenses of any kind or nature (including, without limitation, those involving death, personal injury or property damage, attorney's fees and costs of litigation) suffered or incurred by Grantor in investigating or defending the same and arising out of or incurred in any way in connection with Grantee's or the public's use of the Easement or the Easement Area, or by any employee, agent, guest, licensee or invitee of Grantee or by any other person permitted by Grantee to use the Easement or the Easement Area, or arising from any condition of the Easement or the Easement Area, or by any act of negligence of Grantee or of its agents, guests, licensees or invitees or arising from any breach or default on the part of Grantee in the performance of any covenant or agreement on the part of Grantee to be performed pursuant to the terms of this Agreement. Notwithstanding anything in this Easement Agreement to the contrary, Grantee shall have all of the protections available to it under Colorado law and Grantee does not waive or intend to waive the limitations of liability which are provided to it under the Colorado Governmental Immunity Act. Likewise, Grantor does not waive or intend to waive limitations of liability which are provided pursuant to C.R.S. 33-41-101 et.seq. 2 10. Recording. Upon execution by the Parties, this Agreement shall be recorded in the records of the Eagle County Clerk and Recorder's Office. 11. Governing Law and Venue. It is the intention of the Parties hereto that all questions with respect to the construction and interpretation of this Agreement and the rights and liabilities of the Parties hereunder shall be determined in accordance with the laws of the State of Colorado. 12. Annual Appropriations. All financial obligations of Grantee set forth in this Agreement are subject to annual appropriation pursuant to C.R.S. § 29-1-110, as amended. 13. Termination. Notwithstanding the provisions of paragraph 12 above, in the event Grantee fails or refuses to appropriate on an annual basis sums sufficient to pay its financial obligations as set forth in this Agreement, including without limitation, the obligations for insurance, or in the event of a breach of the terms and conditions of this Agreement that are within Grantee's control, then Grantor may terminate this Easement Agreement provided that Grantor shall first send by certified mail to the Grantee, a notice of default. The notice of default shall specify the nature of the alleged default and Grantor's intent to terminate. If, within ninety (90) days from the date of mailing said notice, the Grantee shall have appropriated sums to pay its financial obligations as set forth in this Agreement, and/or shall have begun in good faith to correct such other default within its control and shall thereafter diligently prosecute correction of such default, there shall not be termination therefor. If such default is not corrected, or correction thereof is not begun in good faith as hereinabove required, within ninety (90) days after mailing of such notice, this Easement Agreement will terminate. In the event Eagle County is no longer the Grantee under this Agreement, notice of any default and intent to terminate shall also be provided to Eagle County. In such event Eagle County shall have the right but not the obligation to cure. 14. Duration. The Parties agree that this Easement Agreement shall be perpetual unless earlier terminated pursuant to the terms of paragraph 13 hereof or by mutual written agreement of the parties. 15. Notice.All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii)two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or (iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. GRANTEE: Eagle County, Colorado 500 Broadway 3 Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8605 Facsimile: 970-328-8692 And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 GRANTOR: Michael and Natalie Carricarte 1093 AlA Beach Blvd., #389 St. Augustine, FL 32080 And a copy to: Genshaft Cramer LLP 420 E. Main Street, Suite 420 Aspen, CO 81611 Attn: Ben Genshaft Telephone: 970-925-9450 Facsimile: 888-266-0103 16. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law; provided, however, if any provision of this Agreement shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement. 17. Assignment. Neither Grantor nor Grantee may assign any of its rights and obligations under this Agreement to any other person or entity without the prior written permission of the other. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successor and assigns. 18. Warranty of Title. Grantor represents that it is the record owner of the Property upon which the Easement Area is located and that it has full power and authority to execute this Agreement. Otherwise, Grantor makes no warranties as to the title of the easement conveyed. 4 19. Modifications. The Parties agree that any modifications of this Agreement shall be effective only when made in writing signed by both Parties and recorded with the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRAN OR: LINDSEY H.LATINROP.ALM Public State of Colorado Notary ID 20134046529 i h �' carte . Commission ices Jul 25,2017 _�/ 1r tat OP Natalie Carricarte STATE OF COLORADO ) )ss. COUNTY OF Le- ) The foregoing instrument was acknowledged before me this 9-1-D-day of SE(7T'eMt3e , 2013, by Michael Carricarte. Witness my hand and official seal. My commission expires: 0 5/ c Notary Public STATE OF COLORADO ) )ss. COUNTY OF 6°t L.- ) The foregoing instrument was acknowledged before me this °1-rtday of SCV g , 2013, by Natalie Carricarte. Witness my hand and official seal. My commission expires: (2 5 j o I Notary Public LINDSEY H. LATHROP-ALM Notary Public State of Colorado Notary ID 20134046529 es Jul 25,2017 5 GRANTEE: EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners By: Sara Fisher, Chairman STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2013, by Sara Fisher, Chairman Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires: Notary Public 6 PROPERTY DESCRIPTION OF: EXHIBIT A CARRICARTE PROPERTY C/�fl D f1 A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 53 WITHIN SECTIONS 3,10&11 OF TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6th P.M. COUNTY OF EAGLE,STATE OF COLORADO SHEET 1OF 1 PROPERTY DESCRIPTION A Tract of Land being situated in Government Tract 53,being a portion of the SE1/4 of Section 3,the NW1/4 of Section 11 and the NE1/4 of Section 10,Township 8 South,Range 87 West of the 6th P.M.County of Eagle,State of Colorado,said tract of land being more particularly described as follows: Beginning at a point on the East Line of said Tract 53 from whence the witness corner for A.P.4 of said Tract 53 bears S.00°15'57".E,a distance of 393.45 feet and N.88°57'22".E.,a distance of 17.16 feet,said point also being on the northerly Hooks Spur Road Right-of-Way as described in that document recorded as reception no.141670 of the Eagle County records; thence the following two(2)courses along said northerly Hooks Spur Road Right-of-Way: 1) S.75°44'56"W.,a distance of 36.18 feet; 2) 91.93 feet along the arc of a curve to the right having a radius of 79.32 feet and a central angle of 66°24'15",chord bears N.71°02'56"W.,a distance of 86.87 feet,to a point on the northeasterly line of the Roaring Fork Transit Authority Railroad Right-of-Way as established per The Railroad Right-of-Way Survey of the El Jebel Segment performed by Farnsworth Group dated December 28,2007; thence N.37°50'49"W.along said Northeasterly line of the Roaring Fork Transit Authority Railroad Right-of-Way,a distance of 1,996.16 feet,to a point on the West Line of said Tract 53;thence leaving said Northeasterly line N.00°24'42"W.along said West Line,a distance of 882.81 feet,to a point on the North Line of said Tract 53;thence leaving said West line N.87°32'11"E. along said North line,a distance of 293.26 feet,more or less to a point in the centerline of the Roaring Fork River;thence leaving said North line along said river centerline the following four(4)courses: 1) S.55°54'05"E.,a distance of 556.29 feet; 2) S.74°28'05"E.,a distance of 198.00 feet; 3) S.67°46'05"E.,a distance of 139.00 feet; 4) S.68°53'18"E.,a distance of 285.25 feet,to a point on the East line of said Tract 53; thence S.00°15'57"E.along said East line,a distance of 1,535.47 feet;thence leaving said East line N.89°44'02"W.,a distance of 12.33 feet;thence 5.00°41'12"W.,a distance of 97.13 feet;thence S.89°18'48"E.,a distance of 13.94 feet,to a point on the East line of said Tract 53;thence S.00°15'57"E.along said East line,a distance of 338.07 feet to the POINT OF BEGINNING. Containing 2,028,928 square feet or 46.578 acres,more or less. COUNTY OF EAGLE STATE OF COLORADO Excludes area being deeded to Eagle County for Hooks Spur Road right-of-way. Basis of Bearing: A bearing of S 00°15'57"E along the East boundary line of Tract 53,within sections 2,3,10,&11 Township 8 South Range 87 West of the 6th Principal Meridian. Established based on Angle Point 1,Tract 53 monumented by a found P.K. nail in the asphalt of Willits Lane and Angle Point 4 being witnessed by a 1"pipe and 2.5"brass cap stamped U.S General Land Office Survey 1924 W.C.AP 4 Tract 53,AP 3 Tract 52,AP 2 tract 58,AP 1 tract 57,as shown. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3 BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG @SOPRISENG.COM sb RAB 13005 2013-08-09 13005-LSP.dwg FISHING EASEMENT EXHIBIT ON: EXHIBIT�T D CARRICARTE PROPERTY C/�fl v A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 53 WITHIN SECTIONS 3,10&11 OF TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6th P.M. COUNTY OF EAGLE,STATE OF COLORADO SHEET 1 OF 1 —� • NORTH BOUNDARY TRACT 53 S N. •.r► 0■ �. 9TFRl7�F NINNY 11•111.11 ��, `• a AREA OF FISHING EASEMENT . 1 '\ t i 1 ■\ ! ) MICHAEL&NATALIE CARRICARTE I $;; PARCEL#246510101002 REC#201301168 *I \ 1 m CO CO D C I O /. ClAREA OF FISHING EASEMENT 1 p i D I 9P i D w I • � y0 O A w 9 I >' is J,p 1 2i) 99 . O 99 ■ •• BUILDING I \\-114/7- Ni i i' SOUTH BOUNDARY TRACT 53 ' SCALE 1" =400' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CIVIL CONSULTANTS ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3 BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG @SOPRISENG.COM sb RAB 13005 2013-08-09 13005-LSP.dwg Eagle County, CO 201319671 Teak J Simonton 09/27/2013 Pgs: 4 03:14:44 PM REC: $0.00 QUIT CLAIM DEED DOC: $0.00 [No documentary fee required—no consideration] THIS QUIT CLAIM DEED (this "Deed") is made between MICHAEL CARRICARTE AND NATALIE CARRICARTE, whose legal address is 1093 A 1 A Beach Blvd., #389, St. Augustine, Florida 32080 (together, "Grantors"), and the COUNTY OF EAGLE, STATE OF COLORADO,whose legal address is 500 Broadway, Eagle, Colorado 81631 ("Grantee"): WITNESS, that Grantors for and in consideration of $10.00 and other valuable consideration, do hereby sell, convey and quit-claim to Grantee, the property located in County of Eagle and State of Colorado and legally described as the "Right-of-Way Description" on Exhibit A attached hereto, for the purpose of dedicating such property as a right-of-way for Hooks Spur Road as depicted on Exhibit B attached hereto. SUBJECT TO all easements, encumbrances, rights-of-way, matters of record and protective covenants, if any. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate,right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoove of the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has executed this Quit I aim De,d on the date set forth below. Michael Carrica►, ALtL.I Natalie Carricarte Signed as of the/ day of August,2013. [acknowledgments follow] t m STATE OF C,---A0- ct(-1 ) ) ss. COUNTY OF ) Subscribed, sworn to, and acknowledged before me this i 5-`"day of 4);;_ , 2013 by Michael Carricarte. d Witness my hand and official seal. My commission expires: O L1-(2-1 4 x ,Y Put' f di ..e---,__ KEILA Nota ublic 'r °LAVE ? *Ii )^ •49 STATE OF 1.-u o v c,fit.o ss. C isi Erin 012314 COUNTY OF /-:,,,,,6 oett ) Subscribed, sworn to, and acknowledged before me this I `3 day of Ai) , 2013 by Natalie Carricarte. Witness my hand and official seal. My commission expires: 0 t-f r 7. _i L ota Public 1s..•`" I s : KEILA t OLAVE / j '4 . My Commission Wes 0411212014 QUITCLAIM DEED EXHIBIT OF: EXHIBIT D I� ^ 1 CARRICARTE PROPERTY C/�fl v F1 A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 53 1 WITHIN SECTIONS 3,10&11 OF TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6th P.M. COUNTY OF EAGLE,STATE OF COLORADO SHEET 1 OF 1 0 j Basis of Bearing: A bearing of S i 00°15'57"E along the East 1 boundary line of Tract 53,within FOUND#6 REBAR& ` Sections 2,3,10,&11 Township 3.25"ALUMINUM CAP 8 South Range 87 West of the 84.0'WITNESS CORNER 6th Principal Meridian. AP2 TRACT 53 Established based on Angle N00°24'42"W 844.86' Point 1,Tract 53 monumented FOUND#5 REBAR& by a found P.K.nail in the PLASTIC CAP L. asphalt of Willits Lane and Angle #ILLEGIBLE MELTED / j Point 4 being witnessed by a 1" pipe and 2.5"brass cap stamped N00°24'42"w 46.06'AO NORTHERLY R.O.W.LINE U.S General Land Office Survey POINT OF BEGINNING lir EXTENDED OF HOOKS 1 1924 W.C.AP 4 Tract 53,AP 3 '�f�A..0 SPUR ROAD Tract 52,AP 2 tract 58,AP 1 FOUND#6 REBAR& tract 57,as shown. 3.25"ALUMINUM CAP �� , R.F.T.A.-R.O.W. ■1/ • BOUNDARY r 0 43)....1, SCALE 1" = 100' � � F % NORTHERLY ROW LINE OF mss; THE ROARING FORK TRANSIT 1 RIGHT-OF-WAY DESCRIPTION AUTHORITY RAILROAD ,y R.O.W. �. .4 A Parcel of Land being a portion of that Property described N50°26'26'W 86.21'' 'N as Parcel No.246510101002 of Eagle County;said Parcel of NORTHERLY R.O.W.LINE OF _` ILand also situated in a portion of Government Tract 53 HOOKS SPUR ROAD L=84.07' •� lying within the NE1/4 of Section 10,Township 8 South, R=382.50' `� \ Range 87 West of the 6th P.M.County of Eagle,State of T=42.21' Colorado,said Parcel of Land being more particularly o=12°35'37" described as follows: CD=N44°x8'37"w C=83.90' i Beginning at a the intersection of the West boundary of said Tract 53 with the Northerly Right-of-Way line of the Roaring Fork Transit Authority Railroad Right-of-Way as established per The Railroad Right-of-Way Survey of the El Jebel Segment performed by Farnsworth Group dated December 28,2007 recorded as reception no. 141670 of the Eagle County records, I whence the Witness Corner for A.P.2 of said Tract 53 bears N.00°24'42"W.,a distance of 844.86 feet;thence N.00°24'42"W. along the West boundary of said Tract 53,a distance of 46.06 feet to a point on the Northerly Right-of-Way line extended of Hooks Spur Road Right-of-Way as described in that document recorded as reception no.141670 of the Eagle County records; thence leaving the West boundary of said Tract 53 S.37°50'49"E.along said Northerly Right-of-Way line extended,a distance of 388.35 feet to a point on the Northerly Right-of-Way line of said Hooks Spur Road Right-of-Way;thence leaving Northerly Right-of-Way line extended a distance of 84.07 feet along the Northerly Right-of-Way line of said Hooks Spur Road ' Right-of-Way,along the arc of a non-tangent curve to the left having a radius of 382.50 feet and a central angle of 12°35'37", chord bears N.44°08'37"W.,a distance of 83.90 feet;thence continuing along the Northerly Right-of-Way line of said Hooks Spur Road Right-of-Way N.50°26'26"W.,a distance of 86.21 feet to a point on said Northerly Right-of-Way line of the Roaring Fork Transit Authority Railroad Right-of-Way;thence N.37°50'49"W.along said Northerly Right-of-Way line of the Roaring ' Fork Transit Authority Railroad Right-of-Way,a distance of 184.23 feet to the POINT OF BEGINNING. Said Parcel of Land Containing 7,490 square feet or 0.172 acres,more or less. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3 BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG @SOPRISENG.COM sb RAB 13005 2013-08-09 13005-LSP.dwg ..... , s... it i. 'TI• 7 QUITCLAIM DEED EXHIBIT OF: EXHIBIT j CARRICARTE PROPERTY EXHIBIT 1 A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 53 WITHIN SECTIONS 3,10&11 OF TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6th P.M. COUNTY OF EAGLE,STATE OF COLORADO SHEET 1 OF 1 FOUND#5 REBAR& FOUND P.K.NAIL IN I PLASTIC CAP L.S.#27613 -----•-•-� ASPHALT UTILIZED AS 17.5'WITNESS CORNER -�NORTH BOUNDARY TRACT 53 ��, BOUNDARY CORNER•AP 2 TRACT 53 - I MONUMENT FOR AP 1 FOUND#6 REBAR& • TRACT 53 i 3.25"ALUMINUM CAP \ 84.0'WITNESS CORNER a� ■ I AP2 TRACT 53 t'' .\ \._. FOUND#S REBAR& �4 ROq PLASTIC CAP L.S.#27613 N \I \/? ° \R �_ VFR • '. PLASTIC CAPEL..S.27613 N PARCEL OF LAND TO BE FOUND#5 REBAR& DEDICATED AS RIGHT OF WAY \ �. PLASTIC CAP L.S. FOR HOOKS SPUR ROAD , #ILLEGIBLE MELTED \`‘,i FOUND#6 REBAR& , " , MICHAEL&NATALIE CARRICARTE 3.25"ALUMINUM CAP r�,;rj PARCEL#246510101002 R.F.T.A.-R.O.W. REC#201301168 1 BOUNDARY *I \ FOUND#6 REBAR& 3.25" m I ALUMINUM CAP m R.F.T.A.-R.O.W.BOUNDARY O I WITNESS CORNER 10.0' Ow � l z FOUND#6 REBAR& 3.25" z vI , D D ALUMINUM CAP •z _ D I 4•• R.F.T.A.-R.O.W.BOUNDARY I .< I a. > f wI . 4y0 t �' 1, '1,P I FOUND#5 REBAR&PLASTIC CAP L.S.#15710 t I `I FOUND#5 REBAR& I FOUND#6 REBAR&3.25"ALUMI PLASTIC CAP L.S.#27613 R.F.T.A.-R.O.W.B (NP') I WITNESS COR _ I FOUND#6 REBAR&3.25"ALUMINUM CAP �/ R.F.T.A.-R.O.W.BOUNDARY 1 I FOUND#6 REBAR& 3.25"ALUMINUM CAP 5.0'WITNESS CORNER AP3 TRACT 53 SCALE 1" =400' SOUTH BOUNDARY TRACT 53 FOUND 1"PIPE&2.5"BRASS CAP 17.16'WITNESS CORNER USGLO 1924 AP4 TRACT 53 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3 BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG @SOPRISENG.COM sb RAB 13005 2013-08-09 13005-LSP.dwg I Eagle County,CO 201301168 Teak J Simonton 01/18/2013 Pgs: 6 04:22:16 PM REC: $36.00 DOC:$0.00 EASEMENT AGREEMENT AND DEED THIS EASEMENT AGREEMENT AND DEED made this 2.2 day of NO tit'w+bel- ,2012,by and between MICHAEL CARRICARTE and NATALIE CARRICART,individuals,(collectively,"Grantor"),and AMY FRENCH,an individual("Grantee").whose address is 0095 Hooks Lane, Basalt, CO 81623 WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property located in unincorporated Eagle County, Colorado and described on Exhibit A(the"Property"); WHEREAS, Grantee owns land neighboring the Property described on Exhibit B that is accessed by a driveway on the southeast edge of the Property; WHEREAS,Grantor wishes to convey and Grantee wishes to receive a non-exclusive access easement on,across and over a portion of the Property for said driveway. NOW THEREFORE,in consideration of the mutual covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated by reference herein. 2. Grant of Easement. Grantor hereby grants and conveys unto the Grantee,its successors and assigns,a non-exclusive access easement more particularly described and depicted on Exhibit C attached hereto and incorporated herein by reference, for the purpose of private ingress and egress, utility and emergency services access to the Grantee's property(the"Easement"). 3. Terms and Conditions. a. The Easement provides shared access to Grantor's and Grantee's property. Maintenance(i.e. graveling,grading and like items)of the access road located in the Easement shall be shared by the parties equally. Grantee shall be solely responsible for maintenance of any portion of the access road located in the Easement that only serves Grantee's property. Snow removal on the access road located in the Easement shall be Grantee's exclusive obligation until such time Grantor constructs a building accessed from the access road that is used year-round. At that time,the cost of snow removal from the access road shall be shared equally. b. Grantor shall have the unilateral right to relocate the Easement on the Property,so long as the Easement continues to provide uninterrupted and reasonable ingress and egress to Grantee's property. Relocation of the Easement may be limited to relocating the access road to a new location and leaving utilities in the existing Easement. Grantor shall be solely responsible for the costs of relocating the Easement and access road to be located therein. Prior to relocating the Easement, Grantor shall submit plans for the relocated Easement to Grantee. Grantee shall have ten(10)days to review and comment on the relocation plans. c. To the extent allowed by law,Grantee agrees to indemnify and hold Grantor harmless from any and all losses, claims, suits, rights, causes of action, damage, liability or expense, including, without limitation, attorney fees and court costs, arising from Grantee's (and EXHIBIT l�eN Grantee's guest,invitees,and licensee)use of the Easement. 4. Authority. The parties represent and warrant that they have full right and lawful authority to enter into this Agreement and that no consent or approval of any mortgagee or other entity is required. 5. Counterparts. This Agreement may be executed in multiple counterparts,each of which shall be an original,but all of which shall constitute one instrument. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns. This Agreement shall be recorded in the public records of Eagle County,Colorado. IN WITNE S WHEREOF,the Grantor has executed this easement on the date set forth above. I MICHAE I CA' ° / ARTE NATAL ARRICART L , tlaiiic STATE OF C• ORADO ) 6:4,3 (4'4 14. )ss. COUNTY OF.EA6bl± ) Subscribed and sworn to before me this 3-? day of /1,7_4:.e.41 L,:,----,2019,by Michael Carricarte. WITNESS my hand and official sea. 4;: " *2:41.4;:.....,,` .v, M Commission expires: Notary Pu'lie W S" Y L e C1E01t1CHo ; STATE OF COLORADO ) '`$Chv 5- Li-6A )ss. fly COMM8ien E xpim K12212013 COUNTY OF EAGLE ) Subscribed and sworn to before me this 0i7 day of j)e<E-n11.t ,201A.-by Natalie] u4 arte. WITNESS my hand and official.seal. ;�' ° '°•e�,�,, My Commission expires: l 11 ! ' o .WRY L tC A ':F1::101CH,o Notary Public ., ' c.1l.,.sue kly Coruii i!9 1:.0's(-512212013 AMY FRENCH aThAa, '1NreAf STATE OF COLORADO ) 2 201301168 )ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this c)`t day of N:3Vve42012,by Amy French. WITNESS my hand and official seal. My Commission expires: - 3I) t AML.'ur Not. Public r CORY NELSON POTTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124063251 MY COMMISSION EXPIRES SEPTEMBER 26,2016 • 3 201301168 Lots 1, 2, 3 and 4 and Common Area, DIEMOZ RIVER RANCH-SUBDIVISION, According to the plat recorded May 10, 2001 as Reception No. 756794. COUNTY OF EAGLE, STATE OF COLORADO. also known by street address as: TBD Hooks Sur Road, El Jebel, CO EXHIBIT 4 . 201301168 r L A tre<ct of land situate in Tract b3 6 and 11), Section 11,. Township 8 South,Range 8'7 West of the 6th Principal Median being more particularly dacdbed as follows: Beginning eta point on the Wert line of said Tract.52 whence the witneie corner to A.P.3 of said Tract 53 betas 102' 'OPW.37922 feed thence N.00.032"W.680.45 feet along said west line to the meter of the Romig Pork River;glom S:2013W2rll.694.43feet along said river center to the'north ay hr* of Hooks La> thence along saki north ti lifle the following courses: S, 5x°59'2"W.87.71 feet;thence 62.89 feet along the arc • of a curve to the right,hang a radius of 7429 feet,a mini angle of 4008O'00",an4 subtending a chord bead g S`.T6'14`21'�W.61.02 er s;'N., Wur �, = f18,-...4 f the , a 116.9,110_101.140/ ,attd tnu tet ing a cttaird beads$R,e7'6x'ilxw W. an few thence 9. 74'64`31" W, 76.70 feet to the point of begintdrig,containing 1736 arr+aa biota or lees. Also known as 0095 Hooks Lane,Basalt,60 8162$, There is also hereby cozweyed the following water and ditch*Mt .10 cfs from the Home Supply Ditch, Priority No. 179, Appropriation Data - May 27, 1887, District Court of Garfield County,Colorado, Civil Action Nb. 132.together with a carriage easement through a lateral located acmes a 46rarre parcel of ply owned by Grantors and located westerly of the property above described to a point of intersection with a 6-inch pipeline now situate and in place;thence through said pipeline a distance of approximately 140 feet to the southwest comer of the properly above described. EXHIBIT B 201301168 4 Iil :i1 ; i'i k ii i I I °� ill. f 1 � kP ri t ! F 9.°'k itf4 CD ti:gg k q�e j I m fir,¢ a z : ; ; 4 f 17 t. all R o g r ppp: 40 l' a i leif 0 aa 4r t 7S S". 1 € ,.{1y` f li ¢ a 7 4-r o ri -n I. _ if rn } [ m = eii L F 4i3 fiSP \ m m ''s; - # tag' Ft '1 n 121 o�D - lilts; ; '�4 �� e a c>cZn�D O 3r}3?i g _ ° got? \ OMO0 H� \ g c -C Tl 11;,i . ti� ill lif 11E; \ (n` r- 23 g g mCC=y — gra3f [�:'.I i \ c?ZZ D ■ s y 94 \ a >--..c 1 V 7a \r t a 4 4 a Q 3y ° \ q\ -,-,.<0z\ 0 -10 -0 3 vpc,\♦°' 0-1Z< \\\°:4''-' cg O E iJ!1{Jff \ m v 5 & 141/0111£:tggv \`"ASC,a0`�o 2ZD a a� � i • a m�, `� m 0(7., ..„,„.„...„,..,,,. ,,,.illiii I% leii 41:ipa ,101 I ill ! lx!vig 'i 01 ;1 ityg ill 1 \:1:\IJ-::::::::::k .1,\ \ \ 2-9. ill ommZ --: i :::i; 1 11:ig:4 t! 3: :1141 I::: 1-i.gia,45;111 1 r 392300'N ♦\ \ ■ O O co♦ m iy(! ..- �� �� I w \ a.1 i�p yG f��f If , f € 4 \\ \ It g a 9 !!! x 4 r :::14.1-.;.."iiiiii.! '4 s t f \\ \ F _ m^l f ae$.a 0 ;°y1 s �/.j�.. r , .,.1j , o EXHIBIT \\ ;l i 20130 16 F-is �, a .r 1 UPI ,Igo! >. . �C f dy-i! .^' 3.. -i°sue ..". ,., .0±..+s 1 C GRO55 E.�v O 0 'r 3799 HIGHWAY 82 P.O.BOX 2150 GLENV�'OOD SPRINGS,COLORADO 81602 p (970)945-5491•FAX(970)945-4081 doa-9 �) 55D Eagle County, Co 201319670 November 19, 2012 Teak J Simonton 09/27/2013 Pgs: 2 03:14:44 PM REC: $0.00 DOC: $0.00 Mr.Jeff Conklin Karp, Neu, Hanlon Attorneys at Law PO Drawer 2030 Glenwood Springs, CO 81602 Re: Diemoz River Ranch Subdivision 1 Dear Jeff: Holy Cross Energy has existing facilities located on the above mentioned property. These facilities were in place prior to the development. The existing facilities are covered under existing easements in place. Holy Cross Energy has no objection to abandoning the PUD. Please contact me if you have any questions. Sincerely, HOLY CROSS ENERGY dirlY lA, _le frey A. Franke, Engineering Department ifranke @holvcross.com (970) 947-5416 JAF:vw Franke\Conklin A Touchstone Energy`Cooperative O..'' ,:?9,76717 UTILITY EASEMENT EXHIBIT ON: CARRICARTE PROPERTY • A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 53 WITHIN SECTIONS 3,10&11 OF TOWNSHIP 8 SOUTH,RANGE 87 WEST OF THE 6th P.M. COUNTY OF EAGLE,STATE OF COLORADO SHEET 1 OF 1 ^_ •-• NORTH BOUNDARY TRACT 53 7' \. � Al _ I Millilil "-----_______ _. \qR 7; 1 30'WIDE UTILITY ------.___� •G l r 1\ EASEMENT CENTERED _ OVER EXISTING •.- OVERHEAD UTILITIES MICHAEL&NATALIE CARRICARTE PARCEL#246510101002 1 , ` \ ` REC#201301168 r II 1 ` J Lim \ ZI Z O O �I \\.i ( -1 I I m �I q cr,W •. y00 W \ tr, s ,. 4 :\\:\\'t 1 .• AGE BUILDING *-1.,!, \ \ '''''''''''‘,=,-.,1,,,,,,,,„ ''''Sl.'1‘;(0'''''- \\ SCALE 1" =400' 1 SOUTH BOUNDARY TRACT 53 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING - LLC DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3 BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 DATE OF CERTIFICATION SHOWN HEREON. 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