bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · bruce c. jenkins, #5972 joseph m. hood, #13536...

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Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770 Telephone: 435-656-8200 Facsimile: 435-656-8201 bcj@vf-law. com jmh@vf-law. com Counsel for CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR IRON COUNTY, STATE OF UTAH CHALET VILLAGE RESORT CONDOMINIUMS PHASE I & PHASE II HOAs; Plaintiffs, vs. CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, Defendant. CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, a Utah nonprofit corporation; Counterclaimant, vs. CHALET VILLAGE RESORT CONDOMINIUMS PHASE I HOMEOWNERS ASSOCIATION, a Utah nonprofit corporation; CHALET VILLAGE RESORT CONDOMINIUMS PHASE II HOMEOWNERS ASSOCIATION, a Utah nonprofit association; JOHN DOES I-X; Counterdefendants. NOTICE OF ENTRY OF ORDER APPROVING STIPULATION AND DISMISSAL OF CASE Case No. 100500746 Judge G. Michael Westfall

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Page 1: bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770

Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770 Telephone: 435-656-8200 Facsimile: 435-656-8201 bcj@vf-law. com jmh@vf-law. com

Counsel for CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION

IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR IRON COUNTY, STATE OF UTAH

CHALET VILLAGE RESORT CONDOMINIUMS PHASE I & PHASE II HOAs;

Plaintiffs, vs.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION,

Defendant.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, a Utah nonprofit corporation;

Counterclaimant, vs.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE I HOMEOWNERS ASSOCIATION, a Utah nonprofit corporation; CHALET VILLAGE RESORT CONDOMINIUMS PHASE II HOMEOWNERS ASSOCIATION, a Utah nonprofit association; JOHN DOES I-X;

Counterdefendants.

NOTICE OF ENTRY OF ORDER APPROVING

STIPULATION AND DISMISSAL OF CASE

Case No. 100500746

Judge G. Michael Westfall

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CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, a Utah nonprofit corporation;

Third-Party Plaintiff, vs.

CHALET VILLAGE RECREATION ASSOCIATION, INC., a Utah non-profit corporation formed in 2009; MOUNTAIN SPIRIT PROPERTIES, INC.; PINERIDGE ASSOCIATES, LLC, a Nevada limited liability company; and STEPHEN V. SCHMIDT AND BILLIE C. SCHMIDT, husband and wife,

Third-Party Defendants.

TO ALL PARTIES:

Please take notice that the ORDER APPROVING STIPULATION AND

DISMISSAL OF CASE ("Order") was signed by the Honorable G. Michael Westfall on

March 27, 2014, and was entered in the above-titled matter. A true and correct copy of the

Order is provided herewith as Exhibit A. The Exhibits to the Order, which are the four

Easements, have been made available to the concerned parties through the websites for The

Chalet Village Resort Condominiums Phase A Owners Association and The Ridges at Chalet

Notice ofEntry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page2

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Village. A copy of the letter to the homeowners is attached hereto as Exhibit B. This notice

is given pursuant to Rule 58( A) of the Utah Rules of Civil Procedure.

Dated this f-,f day of r= , 2014.

Vial Fotheringham SG, LLP

Bruce C. Je ns

Notice ofEntry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 3

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CERTIFICATE OF SERVICE

I hereby certify that on the 3nfl day of ~ 2014, I caused a true and correct copy of the foregoing signed NOTICE OF ENTRY OF ORDER APPROVING STIPULATION AND DISMISSAL OF CASE to be sent via U.S. Mail, postage prepaid, to the following:

The Ridges At Chalet Village Homeowner Association C/0 Ronald W. Truman

Truman Law Firm, P.C. 20 N. Main Street, Suite 309 St. George, UT 84770

CPBS,LLC Successor in interest to Pineridge Associates, LLC c/o Christina Pitch, Manager 2563 Swan Lane Las Vegas, NV 89121

Mountain Spirit Properties, Inc. c/o William R. Bishop Bishop & Leigh P.O. Box 279 Cedar City, UT 84721-0279

Billie C. Schmidt c/o Gary Schnitzer Kravitz, Schnitzer & Johnson 8985 South Eastern A venue, Suite 200 Las Vegas, Nevada 89123

Chalet Village Resort Condominiums Phase A Owners Association C/o Christina Pitch, Manager 2563 Swan Lane Las Vegas, NV 89121

Chalet Phase A Association Members:

Grant Wheeler Christina Pitch M. Maritz & L. Pretorius Kim & Charlotte Nielson Teresa Brown Jeff & Roberta Hodgkinson

P.O. Box 1453 2563 Swan Lane 6435 Stargaze Lane 7820 Rancho Destino 521 North 2110 East Circle HCR 33 Box 2981

Cramerview 2060 Las Vegas Charlotte Las Vegas St. George Las Vegas

Notice of Entry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 4

SOUTH AFRICA NV 89124 NC 28269 NV 89123 UT 84790 NV 89161

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Charles & Marian Kaye Manuele 161 E 500 S. #6 Provo UT 84606 Kathy Watkins 295 New River Circle Henderson NV 89052 Randy & Maria McGhie 1930 Kay Lynn Circle Las Vegas NV 89117 Randy & Maria McGhie 1930 Kay Lynn Circle Las Vegas NV 89117

1945 Village Center Circle, Suite Robert Thalgott, DDS 110 Las Vegas NV 89134

1945 Village Center Circle, Suite Robert Thalgott, DDS 110 Las Vegas NV 89134 Martin & Jeanne Gavin P.O. Box 97397 Las Vegas NV 89193 David Trylovich 2644 Bad Rock Circle Henderson NV 89052 Harris Family Trust c/o Delores A Harris Trustee 1116 Casady Hollow Ave Henderson NV 89012 Jerry Smith & Valerie Stefko 4125 Toronto Circle Las Vegas NV 89121 Tim West P.O. Box 3 Blue Jay CA 92317 Bonnie Hamilton 7450 West Cheyenne #100 Las Vegas NV 89129 A Peterson & R Miller 21 Brindisi Mission Viejo CA 92692 Marcus Blowers 1660 Lakeside Drive #430 Bullhead City AZ 86442 Greg Brockelman 1393 Octet Court Henderson NV 89052 John & Jennette Gow 6220 Elmira Drive Las Vegas NV 89118 Mason Harvey 3320 N. Buffalo Drive, Suite 107 Las Vegas NV 89129 Patricia McKittrick 50 Welsh Circle Enoch UT 84721

West Cedar Chandler Whitelaw 918 Cedar Knolls West City UT 84720 Joe Ayson & Jim McElhinney 3916 Creek Bank Rd Edmond OK 73003 Vickie & Greg Hicks P.O. Box 600032 Paragonah UT 84760 Robert & Kery Whitelaw P.O. Box 1552 Parowan UT 84761

North Las Maria & Carlo Ferretti 5926 Willis Street Vegas NV 89031 Kenneth & Barbara Jeanne Boyd P.O. Box CAL2185 Chino CA 91708 Nancy & Bob Bruce 3040 South Camino Real Avenue Washington UT 84780 Lori Roorda 5109 Regal Spruce Las Vegas NV 89130 Bryce Larkin P.O. Box 1164 Eden UT 84310 Stephen & Billie Schmidt 3241 La Mirada Las Vegas NV 89120 Larry Cole PO BOX 190271 Brian Head UT 84719 Robert & Kery Whitelaw P.O. Box 1552 Parowan UT 84761

Lake Havasu Dennis Englert 3265 Oakwood Drive City AZ 86404 Timothy Donnelly 531 Meadbury Henderson NV 89014 Mark Dunford 3005 Beach View Court Las Vegas NV 89117 Marna Willmott 3617 Hammock St Las Vegas NV 89147 Tompkins Street, Inc. 73 East 200 North #308 Provo UT 84606 McK Squared, LLC 1746 West Redstone Ave #B Park City UT 84098 Douglas Shepherd 3161 East 5400 North Liberty UT 84310 Linda Shepherd 3161 East 5400 North Eden UT 84310 Ryan Tyler 77 40 West Rosada Way LAs Vegas NV 89149 Vanessa Waite 1425 Redwood Tree St. St. George UT 84790

Notice of Entry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 5

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Ridges Association Members:

PO Box 190322 Andrey Yarbrough Brian Head, UT 84719

Jim Allen Trust

Craig & Diane Olsen

Christine Helchinger

Justine Ries SM

Tim and Yvonne Thompson

Shawn & Brenda Buckley

Cynthia Ramser

Howard Van der Meer

Brett & Michelle Edmonds

Gilbert & Cynthia Mayfield

Curtis & Jennie Briggs

Larry & Saundra Russell

Jensen Family

247 Chestnut Ridge Circle Henderson, NV 89012

1077 West 3270

south Hurrkane, UT 84737

P.O. Box 190183 Brian Head, UT 84719

11044 Turlington Lane Las Vegas, NV 89135

7616 E Paseo Laredo Anaheim Hills CA 92808

2028 Winter Wind Street Las Vegas, NV 89134

4485 Lindenhurst Ln. Las Vegas, NV 89120

6618 Villa Bonita Road

Las Vegas, NV 89146

2662 Graceful Ln. Las Vegas, NV 89052

4 Bergholt Crest Ave. Henderson, NV 89002

220 Lindy Drive Las Vegas, NV 89107

35211 Portola Palace Wildflower,CA 92565

17 Corporate Plaza Drive #200

Newport Beach, CA 92660

Notice of Entry of Order Approving Stipulati~n & Dismissal of Case Chalet Village Resort v. Chalet VIllage HOA

Page 6

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Russell & Laura Swallow

Diane Farkas

Mike & Renee Fredricks

Charles & Beverly Kircher

Dennis & Robyn Yates

Sarah Howcroft

Bob & Jan Lawry

Conrad & Marilyn Bauer

Gerald &. Tami Verchick

Duane & Betsy Sheilds

Name

Cindy & Weston Ross

Lisa Duvall

Dave & Paulette Baker

Joe Paulk

1001 Via Gandalfi Henderson, NV 89001

8536 Sierra Cima Lane Las Vegas, NV 89128-7363

PO Box 272 Warner Springs, CA 92086

1215 Anchores Way Dr spc.129 Ventura, CA 93001

2208 Versailles Court

Henderson, NV 89074

840 N. Sloan Ln #106 Las Vegas, NV 89110

740 Nacion Ave Chula Vista, CA 91910

462 E 400 S Kanab, UT 84741

9916 Dusty Winds Ave Las Vegas, NV 89117-5986 947 Woodacre Drive

Boulder City, NV 89005

Address

8850 S Tenaya Way LasVegas, NV 89113-5502

2822 Preciso Lane Henderson, NV 89074

7228 Gentle Valley St.

Las Vegas, NV 89149

4440 Glen Falls Ln. Vail, CO 81657

Notice of Entry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 7

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H&P Holdings

Kuriso Living Trust

Michael Livengood

Michael & Paulette Allen Jim Siwy & Pam English

Ed & LeaAnn Braithwaite

Paul & Sheree Haney

Debon Finance

Baker Family Trust Scott Baker

Stephen & Anne Jones

Don & Donna Evans

Gerald& Rose Evans

Donald Van Sickle

Mick Galatia & Patti Shaw

2071 Dover Ridge CT. Henderson, NV 89074

1501 Brindle Dr. Henderson, NV 89002

1163 W. Timber Ridge Rd. Prescott, AZ 86303

6915 April Wind Ave. Las Vegas, NV 89131

6919 April Wind Ave. Las Vegas, NV 89131

1614 S. Flatrock Rd.St. George, UT 84790

4470 Copley Cir. Las Vegas, NV 89120-2195

510 Main St. Ste. B-1 Cedar City, UT 84720

1314 Goodrick Dr Tehachapi, CA 93561

2744 Botticelli Dr. Henderson, NV 89052

2218 JoAnn Ave Bullhead City, AZ 86442

1015 Riverfront Dr Bullhead City, AZ 86442

PO Box 2411 Avalon, CA 90704

1281 Echo Wind Ave.

Henderson,NV ~~

Notice of Entry of Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 8

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NOTICE OF ENTRY OF ORDER APPROVING STIPULATION AND

DISMISSAL OF CASE

EXHIBIT ''A''

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The Order of Court is stated below: J Dated: March 27, 2014 Is/ G. Mich

10:51:55 AM Distric~,.

Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FoTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770 Telephone: 435-656-8200 Facsimile: 435-656-8201 [email protected]. com [email protected]. com

Counsel for CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION

March 27, 2014 10:51 AM

IN THE FIFTH JUDICIAL DISTRICT COURT IN AND FOR IRON COUNTY, STATE OF UTAH

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page I

'{.:

1 of 11

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CHALET VILLAGE RESORT CONDOMINIUMS PHASE I & PHASE II HOAs;

Plaintiffs, vs.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION,

Defendant.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, a Utah nonprofit corporation;

Counterclaimant, vs.

CHALET VILLAGE RESORT CONDOMINIUMS PHASE I HOMEOWNERS ASSOCIATION, a Utah nonprofit corporation; CHALET VILLAGE RESORT CONDOMINIUMS PHASE II HOMEOWNERS ASSOCIATION, a Utah nonprofit association; JOHN DOES I-X;

Counterdefendants.

FINDINGS AND ORDER APPROVING STIPULATION AND DISMISSAL OF CASE

Case No. 100500746

Judge G. Michael Westfall

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 2

March 27, 2014 10:51 AM 2 of 11

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CHALET VILLAGE RESORT CONDOMINIUMS PHASE A OWNERS ASSOCIATION, a Utah nonprofit corporation;

Third-Party Plaintiff, vs.

CHALET VILLAGE RECREATION ASSOCIATION, INC., a Utah non-profit corporation formed in 2009; MOUNTAIN SPIRIT PROPERTIES, INC.; PINERIDGE ASSOCIATES, LLC, a Nevada limited liability company; and STEPHEN V. SCHMIDT AND BILLIE C. SCHMIDT, husband and wife,

Third-Party Defendants.

The Court having considered the Motion to Approve Stipulation and Dismissal of Case

and the Stipulation of the Parties filed with the Court by the Parties and after the Parties and

interested members of Plaintiffs and Defendants having had an opportunity to be heard, and for

good cause of appearing.

FINDINGS

The Court makes the following findings:

1. On August 2, 2010, the Plaintiffs filed their Complaint against Defendant Chalet Village

Resort Condominiums Phase A Owners Association (the "Chalet Phase A Association");

2. On or about October 22, 2010, the Defendant filed a Third Party Complaint against

Chalet Village Recreation Association, Inc., Mountain Spirit Properties, Inc., Pineridge

March 27, 2014 10:51 AM

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 3

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Associates, LLC, Stephen V. Schmidt and Billie C. Schmidt;

3. The Parties have filed Answers, Counter-claims and Third Party Complaints in this

matter;

4. The Complaint of Plaintiffs included allegations against Brian Head Property

Management Co., L.C. ("BPHM") even though BPHM was not a named party to this

litigation, thus it is proper to settle claims the parties may have against BPHM in the

Stipulation;

5. On or about November 30, 2012, the Chalet Village Resort Condominiums Phase I

Association and the Chalet Village Resort Condominiums Phase II Association executed

Articles of Merger with the surviving entity to be known as The Ridges At Chalet Village

Homeowner Association;

6. The Articles of Merger were filed with the Utah Department of Commerce, Division of

Corporations, on or about December 10, 2012;

7. Hereafter the Chalet Village Resort Condominiums Phase I Association and the Chalet

Village Resort Condominiums Phase II Association shall be referred to the "Ridges

Association";

8. Pineridge Associates, LLC has been acquired by CPBS, LLC, a Nevada limited liability

company, hereafter referred to as "CPBS";

9. Stephen V. Schmidt is now deceased. His wife Billie C. Schmidt is the heir to and

successor in interest to his interests which are at issue in the Lawsuit;

10. The Stipulation will provide for the winding up of the affairs of the Original Rec

Association (defined below) to either dispose of the assets of the Original Rec Findings and Order Approving Stipulation & Dismissal of Case

Chalet Village Resort v. Chalet Village HOA Page 4

March 27, 2014 10:51 AM 4 of 11

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Association or reincorporate and rehabilitate the Rec Room (defined below) for use by

the members of the Original Rec Association;

11. The Parties have resolved their differences to the Lawsuit by Stipulation, which

Stipulation was served on all the Parties hereto and upon the unit owners of Chalet Phase

A Association and the Ridges Association;

12. The matter came before the Court at a hearing on the 3rd day of March, 2014 and no

objections were made; and

13.As of the date of entry of these Findings and Order no objection to the Stipulation has

been received by the Court.

ORDER

BASED UPON THE STIPULATION OF THE PARTIES, THE ABOVE FINDINGS,

THE PRESENTATIONS AT THE HEARING, AND FOR GOOD CAUSE APPEARING IT IS

HEREBY ORDERED THAT:

1. The Parties Motion to Approve Stipulation and Dismissal of Case is hereby granted;

2. The Stipulation of the Parties is hereby entered as the findings and orders of the Court:

a. Concurrent with the execution of the Stipulation the Ridges Association shall pay

the Chalet Phase A Association $3,526 as a one time pool payment no interest

accruing, for its share of the past maintenance of the Chalet Phase A Association

swimming pool. Sum shall be paid in monthly installments of $1,000 with the first

payment being made at the 1st of the month following this settlement. The final

monthly installment will be $1,526.

b. Concurrent with the execution of the Stipulation, the Ridges Association shall pay Findings and Order Approving Stipulation & Dismissal of Case

Chalet Village Resort v. Chalet Village HOA Page 5

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to the delegate of BPHM, Mountain Spirit Properties, Inc., a Utah corporation, the

sum of $1 ,800 back payment for snow removal.

c. The Parties shall execute the following agreements to be recorded

contemporaneously with the entry of this Court's Findings and Order Approving

Stipulation and Dismissal of Case:

(i) Right-of-Way and Snow Storage Easement Agreement by and between CPBS,

LLC and The Ridges At Chalet Village Homeowner Association, an executed

copy of which is attached as Exhibit A;

(ii) Right-of-Way and Snow Storage Easement Agreement by and between Billie C.

Schmidt and The Ridges At Chalet Village Homeowner Association, an

executed copy of which is attached as Exhibit B;

(iii)Right-of-Way and Snow Storage Easement Agreement by and between Billie C.

Schmidt, The Ridges At Chalet Village Homeowner Association, Chalet Village

Resort Condominiums Phase A Owners Association and Mountain Spirit

Properties, Inc., an executed copy of which is attached as Exhibit C; and

(iv)Easement and Agreement re: Common Access and Utility Easements by and

between all Parties hereto, an executed copy of which is attached as Exhibit D.

d. The Ridges Association, on oehalf of the Association and all of its members, hereby

March 27, 2014 10:51 AM

and henceforth forever waived, disclaimed and disavowed any ownership interests

in the Chalet Phase A Association swimming pool and associated common area; as

more fully described and depicted in the warranty deed and map attached hereto as

Exhibits E and F, respectively, and agree that title to the swimming pool should be Findings and Order Approving Stipulation & Dismissal of Case

Chalet Village Resort v. Chalet Village HOA Page 6

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quieted in the Chalet Phase A Association. Neither the Ridges Association nor any

of its members shall have any right to use the Chalet Phase A Association's

swimming pool. The Chalet Phase A Association shall be solely responsible for all

aspects of the Chalet Phase A Association's swimming pool and associated

common area.

e. The Parties have acknowledged that on or about March 4, 1982, the Chalet Village

Recreational Association (the "Original Rec Association") was established as a

non-profit corporation to own, lease, maintain, manage and operate certain

recreational facilities limited to and located in a condominium unit in the "J"

Building of the Chalet Village, which is now part of the Ridges Association.

f. The Parties have also acknowledged that the Recreational Room located in Building

J was conveyed to the 1982 Recreational Association by Warranty Deed on or about

December 11, 1984. A true and correct copy of the Warranty Deed is attached

hereto as Exhibit G.

g. The Parties have also acknowledged that the 1982 Recreational Association was

involuntarily dissolved on or about March 31, 1985.

h. The Parties have also acknowledged that the Recreational Room was the only real

March 27, 2014 10:51 AM

property whicli was ever owned by the 1982 Recreational Association and that on

or about August 11, 2009, Articles of Incorporation of Chalet Village Recreation

Association Inc. were filed with the Utah Department of Commerce, Division of

Corporations and Commercial Code. This entity shall be dissolved because the

affairs of the Recreational Room shall be administered according to the terms and Findings and Order Approving Stipulation & Dismissal of Case

Chalet Village Resort v. Chalet Village HOA Page 7

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provisions ofthe Stipulation and in accordance with Utah law.

i. The Parties have also acknowledged that from and after April1, 1985, the Chalet

Phase A Association members and the Ridges Association members continued joint

use of the Recreational Room by common consent and shared costs of maintenance

and repair on a pro rata basis according to the number of individual units within

each Association.

J. The presidents of the Chalet Phase A Association and the Ridges Association shall

be and are hereby appointed as trustees ofthe 1982 Recreational Association for the

purposes of either winding up and/or managing the affairs of the 1982 Recreational

Association according to the prior Articles of Incorporation of said Association

attached hereto and incorporated herein as Exhibit H and in accordance with Utah

law.

a. Among other pertinent provisions, the Original Rec Articles stated the following

purposes in Article 3:

The Association is organized as a nonprofit corporation to own, lease, maintain, manage and operate certain recreational facilities limited to and located in the "J" Building of the Chalet Village Condominium Projects in Brian Head, Iron County, Utah, to exercise any and all powers and authority conferred by law upon such a nonprofit corporation, and for any other lawful purpose or purposes ...

k. The Trustees shall have the power to assess Phase A and the Ridges for the taxes,

March 27, 2014 10:51 AM

utilities, and insurance for the Rec Room while the Trustees develop a plan to

present to the Rec Association Members, under Utah law, for either disposing of or

rehabilitating the Rec Room.

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 8

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1. Class A Members of the Original Rec Association shall be and are comprised ofthe

individual Unit Owners of the Chalet Phase A Association and the individual Unit

Owners of the Ridges (Class B Members have, below, waived their Class B

Membership rights pending Court approval of this Stipulation).

m. Billie C. Schmidt, successor to Class B membership interests in the 1982

Recreational Association, has, by stipulation, forever waived and disclaimed any

and all Class B membership rights and any interest in and to the Recreational

Association or Recreational Room and she shall have no interest in the Recreational

Association or the Recreational Room.

n. Except as otherwise expressly stated herein, the Parties have, by stipulation,

released, discharged, waived and disclaimed any and all causes of action or claims

which they may have had against one another, known or unknown, that relate to the

allegations set forth in the pleadings in this Lawsuit.

o. The Court recognizes that in entering this Order the following were served a copy

March 27, 2014 10:51 AM

of the Stipulation and provided notice of the date the Stipulation was presented to

and heard by the Court and did not object and that as a result they shall be bound by

this Order:

a. all unit owners in the Chalet Phase A Association; ·

b. all unit owners in the Ridges Association;

c. Mountain Spirit Properties, Inc.;

d. Billie C. Schmidt; and

e. CPBS. Findings and Order Approving Stipulation & Dismissal of Case

Chalet Village Resort v. Chalet Village HOA Page 9

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p. Except as provided for in subparagraph q., the Parties shall bear their own costs

and attorneys' fees.

q. The Chalet Phase A Association and the Ridges Association shall pay, on a per unit

basis, for all legal fees incurred by the Chalet Phase A Association in preparation of

the Stipulation and all documents referred to in the Stipulation which are to be

entered into as a part of this Order.

r. Any and all claims the Parties have, had, or may have had or have, known or

unknown and accrued or unaccrued, against BPHM, including its owners, agents,

assigns, employees, officers, managers, successors, and delegates, are, by

stipulation of the Parties, waived.

s. This Court shall retain jurisdiction to enforce the Stipulation and this Order through

a Summary Proceeding.

3. This Case is dismissed pursuant to the Motion and Stipulation made by the Parties; and

4. This Order is final as the matter is ruled upon and should be entered by the Clerk with the

Court without unreasonable delay.

Dated this_ day of _______ , 2014.

Honorable Judge Michael Westfall District Court Judge

Approved as to form and content:

March 27, 2014 10:51 AM

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page 10

10 of 11

Page 20: bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770

Is/ Bruce C. Jenkins Bruce C. Jenkins Attorneyfor Chalet Village Resort Condominiums Phase A Owners Association

Is/ Willard Bishop Willard Bishop, Attorney for Mountain Spirit Properties, Inc.

Is/ Christina Pitch Christina Pitch, Manager for CPBS, LLC Successor in interest to Pineridge Associates, LLC

Is/ Ronald W. Truman Ronald W. Truman Attorney for The Ridges At Chalet Village Homeowner Association (fka Chalet Village Resort Condominiums Phase I & II)

Is/ Willard Bishop Willard Bishop, Attorney for Billie Schmidt individually and as surviving heir to Steven V Schmidt

Findings and Order Approving Stipulation & Dismissal of Case Chalet Village Resort v. Chalet Village HOA

Page II

March 27, 2014 10:51 AM 11 of 11

Page 21: bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770

NOTICE OF ENTRY OF ORDER -

APPROVING STIPULATION AND DISMISSAL OF CASE

EXHIBIT ''B''

Page 22: bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · Bruce C. Jenkins, #5972 Joseph M. Hood, #13536 VIAL FOTHERINGHAM SG, LLP 1173 South 250 West, Suite 308 St. George, UT 84 770

· VIALFOTHERINGHAMsGLLP LAWYERS

Bruce C. Jenkins, Managing Partner, CCAL+ Carson B. Bagley* Joseph M. Hood+ James C. Purcell+

June 2, 2014

285 W. Tabernacle, Suite 301 St. George, UT 84770

Tel (435) 656-8200 Fax (435) 656-8201

[email protected] [email protected] [email protected]

[email protected]

+Licensed in Utah *Licensed in Utah and Nevada

TO: All Homeowners in The Chalet Village Resort Condominiums Phase A Owners Association and The Ridges at Chalet Village Homeowners Association:

Attached you will find enclosed the Notice of Entry of Order Approving Stipulation and Dismissal of Case. We have recorded, in the records of the Iron County Recorder, the four Easements referred to on the Order and the Stipulation. If you would like to view these fully executed and recorded Easements, please follow the directions below for your homeowner association:

The Ridges at Chalet Village: Go to https:\\theridgesatchaletvillage.shutterfuly.com. The documents will be listed below "WebCAMS and links".

The Chalet Village Resort Condominiums Phase A Owners Association: Go to www.terrawest.com. Below the column headed "Community Management" - click "Log Into Your Community Association" - you can Log In and create a password.

Please feel free to call with any questions.

Sincerely, VIAL FOTHERINGHAM SG, LLP

BCJ/jcs

In Affiliation with Vial Fotheringham, LLP Offices in Portland, OR; Salt Lake City, UT; Boise, 1D & Chandler, AZ

14-06-02.0UT.l.Ltr to Homowners re Easemts on Website.CV.Co.S088!4-00I jcs.wpd