bcj@vf-law. com jmh@vf-law. com · 2018. 10. 13. · bruce c. jenkins, #5972 joseph m. hood, #13536...
TRANSCRIPT
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
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
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
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
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
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
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
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
NOTICE OF ENTRY OF ORDER APPROVING STIPULATION AND
DISMISSAL OF CASE
EXHIBIT ''A''
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
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
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
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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
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
March 27, 2014 10:51 AM 5 of 11
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
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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
NOTICE OF ENTRY OF ORDER -
APPROVING STIPULATION AND DISMISSAL OF CASE
EXHIBIT ''B''
· 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]
+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