HomeMy WebLinkAboutbocc.ord.033.2010 RECEPTION #: 576295, 12/2912010 at
02:40:19 PIVI,
$0 CONTRACT # °, 6 3 - J
1 OF 5, R $0.00 Doc Code ORDINANCE=
Janice K. Vos Caudill, Pitkin County, CO / 4 & C
AN EMERGENCY ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING DROSTE PROPERTY
ACQUISITIONS.
ORDINANCE # , , SERIES OF 2010
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources in Pitkin County, and established an Open Space and Trails Board of Trustees to
guide the expenditure of those funds.
2. The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes, and recreational routes on public lands.
3. The Droste property of approximately 841 acres (the "Property") lies in unincorporated
Pitkin County, and possesses important natural, wildlife, scenic, recreational, and
agricultural values.
4. Development of the Property would result in loss of important habitat, would degrade the
,. scenery of the Brush Creek corridor, and would forever block the possibility of public
access on the ridge between Seven Star and Cozy Point.
5. The 841 acre Property comprises a nearly two mile long ridgeline reaching from Seven
Star, past the Airport Radar, to Cozy Point South, the conservation of which will
dramatically enhance the health and welfare of Pitkin County citizens and visiters.
6. The Open Space and Trails Board supports the fully executed contract to purchase the
Property and recommends an initial expenditure of $17,000,000 of Open Space funds, with
an anticipated repayment of $2,500,000 from GOCO, $2,000,000 from Snowmass Village,
$1,000,000 from the City of Aspen, and such additional funds as may be raised publically or
privately for this project, and the anticipated maintenance thereof.
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado, that:
1. The Board approves an expenditure of $17,000,000 for the purchase of the
Droste Property and related Easements, plus up to $100,000 for any transaction
expenses.
5
RECEPTION #: 576295, 12/29/201 at
02:40:19 PM,
1 OF 5, R $0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
AN EMERGENCY ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING DROSTE PROPERTY
ACQUISITIONS.
ORDINANCE #, , SERIES OF 2010
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources in Pitkin County, and established an Open Space and Trails Board of Trustees to
guide the expenditure of those funds.
2. The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes, and recreational routes on public lands.
3. The Droste property of approximately 841 acres (the "Property") lies in unincorporated
Pitkin County, and possesses important natural, wildlife, scenic, recreational, and
agricultural values.
4. Development of the Property would result in loss of important habitat, would degrade the
scenery of the Brush Creek corridor, and would forever block the possibility of public
access on the ridge between Seven Star and Cozy Point.
5. The 841 acre Property comprises a nearly two mile long ridgeline reaching from Seven
Star, past the Airport Radar, to Cozy Point South, the conservation of which will
dramatically enhance the health and welfare of Pitkin County citizens and visiters.
6. The Open Space and Trails Board supports the fully executed contract to purchase the
Property and recommends an initial expenditure of $17,000,000 of Open Space funds, with
an anticipated repayment of $2,500,000 from GOCO, $2,000,000 from Snowmass Village,
$1,000,000 from the City of Aspen, and such additional funds as may be raised publically or
privately for this project, and the anticipated maintenance thereof.
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado, that:
1. The Board approves an expenditure of $17,000,000 for the purchase of the
Droste Property and related Easements, plus up to $100,000 for any transaction
expenses.
5
2. After acquiring the property, the County may convey a conservation easement to
Aspen Valley Land Trust, the City of Aspen and/or another mutually agreed upon
qualified organization, as provided for under the Pitkin County Home Rule Charter
Article 13.5.3.
3. The Board hereby declares its official intent to reimburse current expenditures
from a future issuance of Pitkin County general obligation bonds. The
maximum amount of bonds expected to be issued for this project is
$10,000,000.
4. That adjustments be made to the year 2010 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This Change Proi Budget
Droste Property Acquisition
Expenditure $500,000 $16,600,000 $17,100,000
5. That adjustments be made to the year 2011 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This Change Proi Budget
Droste Property Acquisition
Revenues
Bond Proceeds $10,000,000 $10,000,000
GOCO Grant 2,500,000 2,500,000
City of Aspen contribution ($1 million over 4 years) 250,000 250,000
Snowmass contribution ($2 million over 7 years) 200,000 200,000
Other contributions _ 1,500,000 1,500,000
$14,450,000 $14,450,000
Expenditures
Bond issuance costs $102,500 $102,500
The BOCC finds that adoption of this emergency ordinance is necessary to secure the
Droste Property and related Easements for the immediate preservation of the public
health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance and legislation to be effective immediately.
INTRODUCED, FIRST READ, AND APPROVED ON THE 27th DAY OF
December, 2010.
6
NOTICE OF PUBLIC HE G PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THEg _ DAY OF 2010.
CONF4 ME UPON SECOND READING AND PUBLIC HEARING ON
THE (-14.66
PUBLISHED AFTER AD,QPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE DAY OF Crialttia r 2010.
A ST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
4
Je:ij ette Jones / George Ne II an
De r uty Clerk Chair
Date: 1?,/ Z.- /a,Ga0
APPROVED AS TO FORM:
John Ely
County : o •y
1 '
Kale Will, Di ctor
Open Space and Trails Program
Ordinance -2010
7
27083 DEED PLOT 12- 22- 10.txt
SUBJECT PROPERTY DESCRIPTION
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF THE PROPERTIES DESCRIBED IN THOSE
DOCUMENTS RECORDED AS RECEPTION Nos. 340104, 340407 AND 408695 ALL OF THE PITKIN
COUNTY RECORDS; SAID PARCEL OF LAND SITUATED IN SECTIONS 28, 29, 32,33 AND 34,
TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF BRUSH CREEK ROAD, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN REC. NOS. 391098 AND
410437 WHENCE THE WEST QUARTER CORNER OF SECTION 28 BEARS N57 °58'22 "E , A DISTANCE
OF 3398.33 FEET; THENCE LEAVING SAID RIGHT -OF -WAY ALONG THE EASTERLY BOUNDARY LINE
OF SAID REC. N05. 511 ° 25'45 "W, A DISTANCE OF 310.68 FEET; THENCE LEAVING SAID
EASTERLY BOUNDARY THE FOLLOWING EIGHT (8) COURSES:
1) s86 ° 59'26 "E, 278.65 FEET;
2) S22 °52'57 "E, 516.65 FEET;
3) 589 °39'11 "E, 1110.66 FEET;
4) N66 °06'18 "E, 1031.47 FEET;
5) N85 ° 01'06 "E, 927.20 FEET;
6) N21 °59'38 "E, 729.98 FEET;
7) N73 °52'56 "E, 300.00 FEET;
8) N16 °07'04 "W, 20.05 FEET, TO A POINT ON THE NORTH LINE OF THE SE /2 OF THE SW1 /4;
THENCE ALONG SAID NORTH LINE OF THE 51/2 OF THE sw1 /4 N87 °42'10 "E, A DISTANCE OF
1,573.24 FEET; THENCE ALONG THE NORTH LINE OF THE sw1 /4 OF THE SE1 /4 N87 °48'01 "E, A
DISTANCE OF 1,319.90 FEET; THENCE ALONG THE EAST LINE OF THE SW1 /4 OF THE 5E1 /4 OF
SAID SECTION 28 S00 ° 56'40 "E, A DISTANCE OF 1,346.21 FEET; THENCE ALONG THE SOUTH
LINE OF THE 5W1 /4 OF THE SE1 /4 OF SAID SECTION 28 587 °32'39 "W, A DISTANCE OF 406.16
FEET TO A POINT ON THE BOUNDARY LINE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 859
(RECEPTION NO. 322299) OF THE PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE
THE FOLLOWING FOUR (4) COURSES:
1) 500 °55'57 "E, 220.10 FEET;
2) 558 °59'33 "W, 315.13 FEET;
3) 530 °06'23 "E, 1,090.00 FEET;
4) N87 °49'09 "E, 150.00 FEET TO THE SOUTHEAST CORNER OF THE NW1 /4 OF THE NE1 /4 OF
SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SE1 /4 OF THE NE1 /4 OF SAID
SECTION 33 N87 °48'43 "E, A DISTANCE OF 1,334.63 FEET; THENCE ALONG THE EAST LINE OF
THE SE1 /4 OF THE NE 1/4 OF SAID SECTION 33 501 °19'45 "E, A DISTANCE OF 1,343.34 FEET
TO THE NORTHWEST CORNER OF GOVERNMENT LOT 25 OF SAID SECTION 34; THENCE ALONG THE
BOUNDARY OF SAID LOT 25 THE FOLLOWING TWO (2) COURSES:
1) N90 °00'00 "E, 98.49 FEET;
2) 500 °00'00 "E, 71.90 FEET;
THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 25 AND GOVERNMENT LOTS 5, 7, AND 8
OF SAID SECTION 33 N84 °24'55 "W, 2918.13 FEET; THENCE LEAVING SAID BOUNDARY
SOO ° 02'05 "W, A DISTANCE OF 1,320.00 FEET; THENCE N89 °57'55 "W, A DISTANCE OF 2,725.80
FEET; THENCE S00 ° 02'05 "W, A DISTANCE OF 396.87 FEET; THENCE 589 ° 40'17 "W, A DISTANCE
OF 2,450.86 FEET; THENCE 589 ° 54'31 "W, A DISTANCE OF 262.97 FEET TO THE SOUTHEAST
CORNER OF THE CONSERVATION EASEMENT DESCRIBED IN RECEPTION NO. 391098; THENCE
589 °54'31" w, 1068.71 FEET ALONG THE SOUTH LINE OF SAID CONSERVATION EASEMENT AS
RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION
NO. 391098; THENCE NO1 °12'27" w, 1339.19 FEET ALONG THE WEST LINE OF SAID
CONSERVATION EASEMENT AS RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND
RECORDERS OFFICE AT RECEPTION NO. 391098; THENCE N89 °41'41" W, 166.64 FEET ALONG THE
SOUTH LINE OF SAID CONSERVATION EASEMENT AS RECORDED IN THE RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NO. 391098; THENCE N00 °09'34" E,
2463.51 FEET ALONG THE WEST LINE OF SAID CONSERVATION EASEMENT AS RECORDED IN THE
RECORDS OF THE PITKIN COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NO. 391098;
THENCE N63 °06'27" E, 110.16 FEET ALONG THE NORTHWESTERLY LINE OF SAID CONSERVATION
EASEMENT AS RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDERS OFFICE
Page 1
27083 DEED PLOT 12- 22- 10.txt
AT RECEPTION NO. 391098; THENCE N09 ° 18'28" W, 437.21 FEET ALONG THE WESTERLY LINE OF
SAID CONSERVATION EASEMENT AS RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND
RECORDERS OFFICE AT RECEPTION NO. 391098; THENCE N10 ° 09'21" E, 186.19 FEET ALONG THE
WESTERLY LINE OF SAID CONSERVATION EASEMENT AS RECORDED IN THE RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NO. 391098; THENCE N11 ° 14'06 "W, 56.28
FEET ALONG THE WESTERLY LINE OF SAID CONSERVATION EASEMENT AS RECORDED IN THE
RECORDS OF THE PITKIN COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NO. 391098 TO
THE SOUTH RIGHT -OF -WAY LINE OF BRUSH CREEK ROAD; THENCE THE FOLLOWING SEVEN (7)
COURSES AND DISTANCES ARE ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF BRUSH CREEK
ROAD:
1) N61 ° 33'00" E, 163.64 FEET TO A POINT OF CURVE TO THE RIGHT;
2) NORTHEASTERLY, 221.88 FEET, SAID ARC HAVING A RADIUS OF 1097.52 FEET, A CENTRAL
ANGLE OF 11 ° 35'00" AND BEING SUBTENDED BY A CHORD THAT BEARS N67 ° 20'30" E, 221.50
FEET;
3) N73 ° 08'00" E, 573.12 FEET;
4) 201.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A RADIUS OF
1090.92 FEET, A CENTRAL ANGLE OF 10 ° 33'38" AND BEING SUBTENDED BY A CHORD THAT BEARS
N78 ° 24'49" E, 200.79 FEET; 5) N79 ° 20'03" E, 50.53 FEET;
6) N87 ° 07'22 "E, 30.37 FEET;
7) N87 ° 55'00" E, 27.14 FEET, TO THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 844.689 ACRES, MORE OR LESS.
COUNTY OF PITKIN
STATE OF COLORADO
SAID PROPERTY FORMERLY KNOWN AS PARCELS 1 - 9 AND TRACT A AS SHOWN ON THE FIRST
AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED SEPTEMBER 27, 2010 AS
RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS
DESCRIPTION PREPARED BY:
MARK 5. BECKLER, PLS NO, 28643
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A3
CARBONDALE, CO 81623
Page 2
i
5
RECEPTION #: 576362, 12/30/2010 at
10:43:51 AM,
1 OF 7, R $0.00 Doc Code RELEASE
Janice K. Vos Caudill, Pitkin County, CO
THIS RFL,EASE, VACATION AND RELINQUISHMENT ( "RELEASE ") is
made this a of December, 2010, by Peter C. Droste; Bruce F. Droste;
Peter C. Droste, Trustee for Peter C. Droste Children's Trust for the benefit of
Peter C. Droste, Jr. and Elise A. Droste; and Bruce F. Droste, Trustee for Bruce
F. Droste Children's Trust for the benefit of Edward F. Droste and William Droste
(collectively, "Owners "), and the Board of County Commissioners of the County
of Pitkin, Colorado ( "BOCC ").
Whereas, certain documents affect the real property and real property
interests described on the attached Exhibit A.
Whereas, the Owners and the BOCC wish to release, vacate and
relinquish each and every right set forth below in paragraphs A, 0, C, D and E that
is appurtenant to, accrues to and /or benefits the real property and real property
interests described on Exhibit A (collectively, "Exhibit A "), but the benefit of each
and every right set forth therein shall be expressly reserved as to Parcels 10 and
10B as described in the FIRST AMENDED PLAT OF BRUSH CREEK RANCH
LIR -80 P.U.D. RECORDED 09/27/2010 IN PLAT BOOK 94 AT PAGES 68 -78.
Whereas, the Owners and the BOCC do further agree that this
RELEASE may be signed in counterparts, with each to be deemed a part of the
original.
Now, therefore, the Owners do hereby release, vacate and relinquish
each and every right set forth below in paragraphs A, B, C, D and E as to
Exhibit A, but the benefit of each and every right set forth therein is expressly
reserved to Parcels 10 and 10B as described in the FIRST AMENDED PLAT
OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED 09/27/2010 IN PLAT
BOOK 94 AT PAGES 68 -78.
(A) TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
RESOLUTION NO. 051 -2009 RECORDED SEPTEMBER 04, 2009 AT
RECEPTION NO. 562550 AND RE- RECORDED DECEMBER 9, 2009 AS
RECEPTION NO. 565141.
UPON RECORDATION OF THIS RELEASE, (A) SHALL BE DELETED AS TO
EXHIBIT A BUT SHALL STILL ENCUMBER, BE APPURTENANT TO, ACCRUE
TO AND /OR BENEFIT PARCELS 10 AND 10B as described in the FIRST
AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED
09/27/2010 IN PLAT BOOK 94 AT PAGES 68 -78.
(B) THOSE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS,
EASEMENTS, RESTRICTIONS, ASSESSMENTS AND ALL MATTERS AS SET
FORTH IN DECLARATION OF PROTECTIVE COVENANTS FOR BRUSH
CREEK RANCH PUD RECORDED JANUARY 7, 2010 AS RECEPTION NO.
585969 AND RE- RECORDED JANUARY 19, 2010 AS RECEPTION NO. 566269,
1 of 5
DELETING THEREFROM ANY RESTRICTIONS INDICATING ANY
PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
UPON RECORDATION OF THIS RELEASE, (B) SHALL BE DELETED AS TO
EXHIBIT A BUT SHALL STILL ENCUMBER, BE APPURTENANT TO, ACCRUE
TO AND /OR BENEFIT PARCELS 10 AND 10B as described in the FIRST
AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED
09/27/2010 IN PLAT BOOK 94 AT PAGES 68 -78.
(C) TERMS, CONDITIONS AND PROVISIONS OF BRUSH CREEK RANCH
PUD IMPROVEMENT AGREEMENT RECORDED JANUARY 07, 2010 AT
RECEPTION NO. 565967 AND RE- RECORDED JANUARY 19, 2010 AS
RECEPTION NO. 566270.
UPON RECORDATION OF THIS RELEASE, (C) SHALL BE DELETED AS TO
EXHIBIT A BUT SHALL STILL ENCUMBER, BE APPURTENANT TO, ACCRUE
TO AND /OR BENEFIT PARCELS 10 and 10B AS DESCRIBED IN THE FIRST
AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED
09/27/2010 IN PLAT BOOK 94 AT PAGES 68 -78.
(D) EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED
ON PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED JANUARY 7,
2010 IN PLAT BOOK 93 AT PAGE 7 AND FIRST AMENDED PLAT OF BRUSH
CREEK RANCH LIR -80 P.U.D. RECORDED 09/27/2010 IN PLAT BOOK 94 AT
PAGES 68 -78.
UPON RECORDATION OF THIS RELEASE, (D) SHALL BE DELETED AS TO
EXHIBIT A BUT SHALL STILL ENCUMBER, BE APPURTENANT TO, ACCRUE
TO AND /OR BENEFIT PARCELS 10 AND 10B OF THE FIRST AMENDED PLAT
OF BRUSH CREEK RANCH LIR-80 P.U.D. RECORDED 09/27/2010 IN PLAT
BOOK 94 AT PAGES 68 -78.
(E) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT OF FIRST AMENDED PLAT OF
BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED 09/27/2010 IN PLAT BOOK
94 AT PAGES 68 -78.
UPON RECORDATION OF THIS RELEASE, (E) SHALL BE DELETED AS TO
EXHIBIT A BUT SHALL STILL ENCUMBER, BE APPURTENANT TO, ACCRUE
TO AND /OR BENEFIT PARCELS 10 AND 10B OF THE FIRST AMENDED PLAT
OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED 09/27/2010 IN PLAT
BOOK 94 AT PAGES 68 -78.
IN WITNESS WHEREOF, the Owners and the BOCC have executed this
RELEASE as of the day and year first above written.
2 of 5
Peter C. Droste
Trust for the benefit of Peter C. Droste Jr. and
Elise A. Droste
By: t er • sm► Nsp- ! _a. is m,.
Peter C. Droste, Trustee
e�i_ — ate
ruse . Droste
Trust for the benefit of Edward Droste and
William Droste
By:
F. Droste, Trustee
The Board of County Commissioners of the
Cou of Pitkin, Colorado
By: 1
STATE OF COLORADO )
)
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this -9 day of
_P__c_,__A,k 2010, by Peter C. Droste, individual.
WITNESS my hand and official seal.
My Commission expires: .
Notary Public
KATHERINE STASKAUSKAS
NOTARY PUBLIC •
STATE OF COLORADO
3 of 5 My Commission Expres Sept. 12.2013
1
STATE OF COLORADO )
)
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me thisatflay of
oeC6,0.Q. , 2010, by Peter C. Droste, as Trustee of a Trust for the benefit of
Peter C. Droste, Jr., and Elise Droste.
KATHERINE STASKAUSKAS
WITNESS my hand and official seal. NOTARY PUBLIC
My Commission expires:
STATE OF COLORADO
' My Commission Expires Sept. 12, 2013
110 ♦ �. -
Notary Public
STATE OF CCR-c cX> )
)
COUNTY OF Q 01014 014 )
The foregoing instrument was acknowledged before me thisjday of
Oariat. , 2010, by Bruce F. Droste, individual.
WITNESS my hand and official seal. KATHERINE STASKAUSKAS
NOTARY PUBLIC
My Commission expires: STATE OF COLORADO
My Commission Expires Sept. 12, 2013
Notary Public
STATE OF Cartvwoe )
p )
COUNTY OF ` (-CV ( )
The foregoing instrument was acknowledged before me thisLday of
b{ , 2010, by Bruce F. Droste, as Trustee of a Trust for the benefit of
Edward Droste and William Droste.
WITNESS my hand and official seal. KATHERINE STASKAUSKAS
My Commission expires: NOTARY PUBLIC
/ STATE OF COLORADO
t 12
My Commission Expires Sept. ,2013
Notary Public
4 of 5
9
STATE OF COLORADO )
)
COUNTY OF PITKIN )
ru
The foregoing instrument was acknowledged before me this day of
(1(.6.61 -0 , 2010, byer_cg r4Ew■At\/ , the es--its, le- - of the Board of
County Commissioners of the County of Pitkin, Colorado.
WITNESS my hand and official seal.
My Commission expires: .
- a., ki
Notary Punic
KATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 12, 2013
5 of 5
/0
PARCEL A PROPERTY DESCRIPTION
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF THE PROPERTIES DESCRIBED
IN THOSE DOCUMENTS RECORDED AS RECEPTION Nos. 340104, 340407 AND 408695
ALL OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND SITUATED IN
SECTIONS 28, 29, 32, 33 AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE
SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF BRUSH CREEK ROAD,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE CONSERVATION EASEMENT
DESCRIBED IN REC. NO. 410437 WHENCE THE WEST QUARTER CORNER OF SECTION 28
BEARS N57 ° 58'22 "E, A DISTANCE OF 3398.33 FEET; THENCE LEAVING SAID RIGHT -
OF -WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID REC. NOS. S11 ° 25'45 "W, A
DISTANCE OF 310.68 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY THE
FOLLOWING EIGHT (8) COURSES:
1) S86 ° 59'26 "E, 278.65 FEET;
2) S22 °52'57 "E, 516.65 FEET;
3) S89 ° 39'11 "E, 1110.66 FEET;
4) N66 ° 06'18 "E, 1031.47 FEET;
5) N85 ° 01'06 "E, 927.20 FEET;
6) N21 ° 59'38 "E, 729.98 FEET;
7) N73 °52'56 "E, 300.00 FEET;
8) N16 ° 07'04 "W, 20.05 FEET, TO A POINT ON THE NORTH LINE OF THE S1/2 OF
THE SW1 /4;
THENCE ALONG SAID NORTH LINE OF THE S1 /2 OF THE SW1 /4 N87 ° 42'10 "E, A
DISTANCE OF 1573.24 FEET; THENCE ALONG THE NORTH LINE OF THE SW1 /4 OF THE
SE1 /4 N87 ° 48'01 "E, A DISTANCE OF 1319.90 FEET; THENCE ALONG THE EAST LINE
OF THE SW1 /4 OF THE SE1 /4 OF SAID SECTION 28 S00 ° 56'40 "E, A DISTANCE OF
1346.21 FEET; THENCE ALONG THE SOUTH LINE OF THE SW1 /4 OF THE SE1 /4 OF
SAID SECTION 28 S87 °32'39 "W, A DISTANCE OF 406.16 FEET TO A POINT ON THE
BOUNDARY LINE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 859 (RECEPTION
N0. 322299) OF THE PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE
THE FOLLOWING FOUR (4) COURSES:
1) S00 °55'57 "E, 220.10 FEET;
2) S58 0 59'33 "W, 315.13 FEET;
3) S30 ° 06'23 "E, 1,090.00 FEET;
4) N87 ° 49'09 "E, 150.00 FEET TO THE SOUTHEAST CORNER OF THE NW1 /4 OF THE
NE1 /4 OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SE1 /4 OF THE
NE1 /4 OF SAID SECTION 33 N87 °48'43 "E, A DISTANCE OF 1334.63 FEET; THENCE
ALONG THE EAST LINE OF THE SE1 /4 OF THE NE 1/4 OF SAID SECTION 33
S01 ° 19'45 "E, A DISTANCE OF 1343.34 FEET TO THE NORTHWEST CORNER OF
GOVERNMENT LOT 25 OF SAID SECTION 34; THENCE ALONG THE BOUNDARY OF SAID
LOT 25 THE FOLLOWING TWO (2) COURSES:
1) N90 ° 00'00 "E, 98.49 FEET;
2) S00 ° 00'00 "E, 71.90 FEET;
THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 25 AND GOVERNMENT LOTS
5, 7, AND 8 OF SAID SECTION 33 N84 °24'55 "W, 2918.13 FEET; THENCE LEAVING
SAID BOUNDARY S00 °02'05 "W, A DISTANCE OF 1320.00 FEET; THENCE
/1'
N89 ° 57'55 "W, A DISTANCE OF 2725.80 FEET; THENCE 500 °02'05 "W, A DISTANCE
OF 396.87 FEET; THENCE S89 °40'17 "W, A DISTANCE OF 2450.86 FEET; THENCE
S89 °54'31 "W, A DISTANCE OF 262.97 FEET TO THE SOUTHEAST CORNER OF SAID
CONSERVATION EASEMENT DESCRIBED IN RECEPTION NO. 410437; THENCE
S89 °54'31" W, 1068.71 FEET ALONG THE SOUTH LINE OF SAID CONSERVATION
EASEMENT; THENCE N01 °12'27" W, 1339.19 FEET ALONG THE WEST LINE OF SAID
CONSERVATION EASEMENT; THENCE N89 °41'41" W, 166.64 FEET ALONG THE SOUTH
LINE OF SAID CONSERVATION EASEMENT; THENCE N00 °09'34" E, 2463.51 FEET
ALONG THE WEST LINE OF SAID CONSERVATION EASEMENT; THENCE N63 °06'27" E,
110.16 FEET ALONG THE NORTHWESTERLY LINE OF SAID CONSERVATION EASEMENT;
THENCE N09 ° 18'28" W, 437.21 FEET ALONG THE WESTERLY LINE OF SAID
CONSERVATION EASEMENT; THENCE N10 ° 09'21" E, 186.19 FEET ALONG THE
WESTERLY LINE OF SAID CONSERVATION EASEMENT; THENCE N11 °14'06 "W, 56.28
FEET ALONG THE WESTERLY LINE OF SAID CONSERVATION EASEMENT TO THE SOUTH
RIGHT -OF -WAY LINE OF BRUSH CREEK ROAD; THENCE THE FOLLOWING SEVEN (7)
COURSES AND DISTANCES ARE ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
BRUSH CREEK ROAD AND THE NORTHERLY BOUNDADRY OF SAID CONSERVATION
EASEMENT:
1) N61 ° 33'00" E, 163.64 FEET TO A POINT OF CURVE TO THE RIGHT;
2) NORTHEASTERLY, 221.88 FEET, SAID ARC HAVING A RADIUS OF 1097.52 FEET,
A CENTRAL ANGLE OF 11 °35'00" AND BEING SUBTENDED BY A CHORD THAT BEARS
N67 °20'30" E, 221.50 FEET;
3) N73 °08'00" E, 573.12 FEET;
4) 201.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A
RADIUS OF 1090.92 FEET, A CENTRAL ANGLE OF 10 ° 33'38" AND BEING SUBTENDED
BY A CHORD THAT BEARS N78 °24'49" E, 200.79 FEET; 5) N79 °20'03" E, 50.53
FEET;
6) N87 °07'22 "E, 30.37 FEET;
7) N87 °55'00" E, 27.14 FEET, TO THE POINT OF BEGINNING;
COUNTY OF PITKIN
STATE OF COLORADO
SAID PROPERTY FORMERLY KNOWN AS PARCELS 1 - 9 AND TRACT A AS SHOWN ON THE
FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED SEPTEMBER
27, 2010 AS RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS
DESCRIPTION PREPARED BY:
MARK S. HECKLER, PLS No, 28643
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A3
CARBONDALE, CO 81623
RECEPTION #: 576363, 12/30/2010 at
10:43:52 AM,
1 OF 3, R $0.00 Doc Code RELEASE
Janice K. Vos Caudill, Pitkin County, CO
THIS RELEASE OF MUTUAL EASEMENT DEED is made this2$ day of
December, 2010, by Peter C. Droste; Bruce F. Droste; Peter C. Droste, Trustee
for Peter C. Droste Children's Trust for the benefit of Peter C. Droste, Jr. and
Elise A. Droste; and Bruce F. Droste, Trustee for Bruce F. Droste Children's Trust
for the benefit of Edward F. Droste and William Droste (collectively, Owners )
concerning the real property and real property interests described herein.
Whereas, a Mutual Easement Deed recorded February 13, 2003, at
Reception No. 478728 affects the real property and real property interests
described in the Mutual Easement Deed.
Whereas, the Owners wish to release, vacate and relinquish each and
every right set forth therein.
The Owners do further agree that this Release may be signed in
counterparts, with each to be deemed a part of the original.
Now, therefore, the owners described in the Mutual Easement Deed do
hereby release, vacate and relinquish each and every right set forth therein and
appoint Land Title Guarantee Company to record this document to eliminate
item 34 of the Schedule B -2 dated December 28, 2010 (Order No. Q62003738-
5.
IN WITNESS WHEREOF, the Owners have executed this document as of
the day and year first above written.
Peter C. Droste
Trust for the benefit of Peter C. Droste Jr. and
Elise A. Drost-
By: l-- .1111111mr
Peter C. Droste, Trustee
Bruce F. Droste
Trust for the benefit of Edward Droste and
William Droste
By:
is
Bruce F. u roste, Trustee
/ 3
STATE OFW )
(� / )
COUNTY OF 'X! 1 (11 ) ��{{
The foregoing instrument was acknowledged before me this day of
(rata, 2010, by Peter C. Droste, individual.
WITNESS my hand and official seal. KATHERINE STASKAUSKAS
NOTARY PUBLIC
My Commission expires: STATE OF COLORADO
My Commission Expires Sept. 12,2013
Notary Public
STATE OF CCia_a_o )
D )
COUNTY OF ` i ikbrl )
The foregoing instrument was acknowledged before me this 29 day of
W._€(41--R , 2010, by Peter C. Droste, as Trustee of a Trust for the benefit of
Peter C. Droste, Jr., and Elise Droste.
WITNESS my hand and official seal.
My Commission expires:
V' Q AO,StaQS
Notary Public
KATHERINE STASKAUSKAS
}� ) NOTARY PUBLIC
STATE OF iV
STATE OF COLORADO
COUNTY OF C.ke.S h i 4 ) My Commission Expires Sept 12, 2013
The foregoing instrument was acknowledged before me this al day of
Or c.- , 2010, by Bruce F. Droste, individual.
WITNESS my hand and official seal.
jsMES M. TETHEAUL T
My Commission expires: D. of the Peace New H .., , 9 X11
'wry Public l l-
;' gi p,, T ''<
`, /' S _
STATE OF N I` )
COUNTY OF Cte.Sro,vL )
The foregoing instrument was acknowledged before me this aR day of
pn $, v , 2010, by Bruce F. Droste, as Trustee of a Trust for the benefit of
Edward Droste and William Droste. Ai, eaf
WITNESS my hand and official seal. .. % % A LT � '`
JAMES M. TETREAULT � ‘‘ ‘ ,G, . .14,1%
My Commission expires: = c ... F- flt
s
C
t a ""."- EL iv; .5
i
1)
RECEPTION #: 576364, 12/30/2010 at
10:43:53 AM,
1 OF 1, R $0.00 DF $0.00 Doc Code AUTH
Janice K. Vos Caudill, Pitkin County, CO
III 1//1111111111111111 111111111111
Statement of Authority
(Section 38 -30 -172, C.RS.)
1. This Statement of Authority relates to an entity named BRUCE F. DROSTE DROSTE CHILDREN'S TRUST
2. The type of entity is a TRUST
3. The entity is formed under the laws of THE STATE OF TEXAS
4. The mailing address for the entity is:
5. The name or position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to
real property on behalf of the entity is:
BRUCE F. TRUSTEE
6. The authority of the foregoing person(s) to bind the entity is limited as follows:
ALL TRUSTEES MUST EXECUTE DOCUMENTS
7. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38 -30 -172, C.R.S.
8. This statement of Authority amends and supercedes in all respects any prior Statement of Authority executed on behalf of the
entity.
Executed December 29, 2010
B E F. DROSTE, TRUSTEE
State of C O'LOR .PPO d )
p / )ss
County of l \ 'fk tn. )
The foregoing instrument was acknowledged before me on December 29, 2010 by BRUCE F. DROSTE AS TRUSTEE OF THE
BRUCE F. DROSTE CHILDREN'S , N'T RUST
t11 n a�V�y5
Notary Public
My commission expires:
When Recorded Return to: PIaC,
RETURN TO BRUCE DROSTE KATHERINE STASKAUSKAS
231 BOLTON ROAD NOTARY PUBLIC •
WINCHESTER, NH 03470 STATE OF COLORADO
My Commission Expires Sept. 12, 2013
Form 13796 05/2008 trust.soa.odt Q62003738 {10876895) 6
RECEPTION #: 576365, 12/30/2010 at
10:43:54 AM,
1 OF 1, R $0.00 DF $0.00 Doc Code AUTH
Janice K. Vos Caudill, Pitkin County, CO
III 11111 11111111111 1111 1111 1 I
Statement of Authority
(Section 38 - 30 - 172, C.RS.)
1. This Statement of Authority relates to an entity named PETER C. DROSTE CHILDREN'S TRUST
2. The type of entity is a TRUST
3. The entity is formed under the laws of THE STATE OF TEXAS
4. The mailing address for the entity is: PO BOX 8388
ASPEN, CO 81612
5. The name or position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to
real property on behalf of the entity is:
PETER C. TRUSTEE
6. The authority of the foregoing person(s) to bind the entity is limited as follows:
ALL TRUSTEES MUST EXECUTE DOCUMENTS
7. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38 -30 -172, C.R.S.
8. This statement of Authority amends and supereedes in all respects any prior Statement of Authority executed on behalf of the
entity.
Executed December 29, 2010
PETER C. DROSTE, TRUSTEE
State of G ttoIZcbtoo )
County of 9 I W,tni )
The foregoing instrument was acknowledged before me on December 29, 2010 by PETER C. DROSTE AS TRUSTEE OF THE
PETER C. DROSTE CHILDREN'S TRUST
Notary Public
�� KATHERINE STASKAUSKAS
My commission expires: NOTARY PUBLIC
STATE OF COLORADO
When Recorded Return to: PETER C. DROSTE
PO BOX 8388 My Commission Expires Sept. 12, 2013
ASPEN, CO 81612
Form 13796 05/2008 trust.soa.odt Q62003738 {10876895} / •/
RECEPTION #: 576366, 12/30/2010 at
10:43:55 AM,
1 OF 6, R $0.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
PUBLIC TRAIL EASEMENT
THIS PUBLIC TRAIL EASEMENT (the "Trail Easement "), made and entered
into this__ day of DEC.E,.AEft , 2010, by and between Bruce F. Droste and Bruce
F. Droste, Trustee for Bruce F. Droste Children's Trust for the benefit of Edward F.
Droste and William Droste ( "Grantor "), and the Board of County Commissioners of
Pitkin County, Colorado, a body corporate and politic ( "Grantee "),
RECITALS
1. Grantor is the record owner of certain real property located in
Pitkin County, Colorado, known as Parcel 10 of the FIRST AMENDED PLAT
OF BRUSH CREEK RANCH LIR -80 P.U.D, according to the Plat thereof
recorded on September 27, 2010, in Plat Book 94 at Page 68, Reception No.
573879, County of Pitkin, State of Colorado, which lies adjacent to Brush Creek
Road, the northern edge of which is presently traversed by a paved bicycle trail,
and
2. Pitkin County desires to augment the existing paved trail with an adjacent
soft surfaced trail for use by equestrians and pedestrians, and
3. Grantor desires by this instrument to establish and to grant to Grantee a
perpetual Trail Easement over, upon and across the property of Grantor, and
4. Grantee desires by this instrument (a) to accept said Trail Easement
subject to the restrictions set forth herein, and (b) to assume certain responsibilities in
connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of and the mutual covenants and
agreements set forth herein, and for other good and valuable considerations recited in the
C ntract to Buy and Sell Real Estate between Grantor and Grantee dated
fib Eceat,bE,Q t , 2010, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee agree as follows:
1. Grant of Public Trail Easement. Grantor hereby grants, transfers
and conveys unto Grantee and its successors and assigns, for the use and benefit
of the general public a 20' wide non - exclusive perpetual Trail Easement to be
located over the preexisting 10' wide paved trail as depicted on Exhibit A
attached hereto, such that the northern edge of the pavement existing on the date
of this conveyance will also be the northern edge of this 20' wide easement.
Within the 20' width a maximum of 14' may be utilized for hard and soft surface
trails, such that Grantee may utilize an additional 4' for an adjacent soft surface
�$
PUBLIC TRAIL EASEMENT
PAGE 2
with a maximum separation of 6' from the hard surface, and may increase the
soft surface width to more than 4' if the width of the hard surface is decreased
accordingly. Use of the Trail easement by the general public shall be exclusively
non - motorized except for equipment as may be needed for trail construction or
maintenance. Grantee may further limit the public's use of the trail to protect
wildlife, and agrees to gate the trail during such times as it is otherwise closed to
the public, to discourage unauthorized access onto Grantor's adjacent lands. Use
by the public of this Trail Easement shall not significantly interfere with the
Grantor's right of access over the existing driveway. Grantee shall erect proper
signage to establish a priority right -of -way for traffic on the driveway.
2. Grantee hereby accepts the Trail Easement in an "as is" condition,
subject to the restrictions herein contained, and subject to all patent or latent
defects or problems of any kind or nature. Such acceptance shall not preclude
improvement, repair or maintenance activities within the Trail Easement insofar
as such activities may be allowed or required by this Trail Easement.
3. Grantee acknowledges that Grantor shall have the right to add
vegetation to Grantor's adjacent lands to create a visual buffer between the trail
and Grantor's residential building envelope. To the extent such vegetation is
outside the landscaped area surrounding the residences, the plant species shall be
clustered into groupings similar to those naturally occurring on the site or
neighboring sites, and shall use indigenous species of shrubs and trees.
Vegetation within the landscaped ranchstead /residential area may mimic
traditional linear windbreak plantings and use species typical of such plantings
or present on the existing or nearby residential envelopes.
4. Trail Use Restrictions.
(a) Public use of the Trail Easement shall be exclusively for non -
motorized recreation such as hiking, horseback riding, bicycling and nordic
skiing; provided that, during the irrigation season, Grantor and Grantor's
employees shall be entitled to use the trail for irrigation maintenance access two
times per year by use of all terrain vehicles at no more than fifteen miles per
hour.
(b) Trail Easement Care and Maintenance. Grantee hereby assumes
complete responsibility for and agrees to care for, groom and maintain the Trail
Easement in a clean and attractive condition and in a good and safe order and
repair, at its sole cost and expense, unless the need therefore is caused by the
gross negligence or willful misconduct of Grantor, its assigns, or its successor in
interest in the ownership of the underlying real property in which case Grantor or
its successor in interest, shall perform the maintenance or care so required.
Grantee's maintenance responsibilities shall include, but not be limited to, trash
and debris removal, keeping the trail clear of rocks, vegetation and other
obstructions, grooming as needed, controlling erosion and water runoff, and
general care and maintenance.
l9
PUBLIC TRAIL EASEMENT
PAGE 3
5. Grantor's Immunity. The parties expressly acknowledge that the
Trail Easement is granted for a "recreational purpose" under C.R.S. Section 33-
41 -101, et sea., and that Grantor is entitled to the benefits, protections and
limitations on liability afforded by Colorado law governing recreational
Easements, including without limitation said Section 33 -41 -101, et seg. By
granting the Trail Easement, Grantor shall have no obligation to repair, clear or
otherwise maintain the area within the Trail Easement, or to insure or indemnify
Grantee or the public for any injury, claim or damage to any person or property,
whether alleged to have occurred as a result of use of the Trail Easement for
public non - motorized travel or otherwise, or due to the condition of the public
trail area.
6. Attorneys' Fees. In the event the interpretation or enforcement of
this Trail Easement should ever become the subject of litigation between
Grantor, Grantor's successors and assigns in the record ownership of the
underlying real property traversed by the Trail Easement, or any part thereof and
Grantee, the substantially prevailing party shall be entitled to an award of its
reasonable costs and attorneys' fees incurred in connection therewith.
7. Binding Effect. This Easement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns forever including all future record owners
of the underlying real property traversed by the Trail Easement, or any part
thereof. The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the Trail Easement.
This Trail Easement may only be amended by a writing signed by Grantee and by
the then - record owners of the underlying real property traversed by the Trail
Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
GRANTOR:
B g ke. I
: ruce F. Droste
Aa
l[ //I . _. Ati._ I r
:ruce . Droste, Trustee for the Bruce F. Droste Children's Trust
for the benefit of Edward F. Droste and William Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
17
PUBLIC TRAIL EASEMENT
PAGE 4
The foregoing instrument was acknowledged before me this 2 day of
0e,C.64-3[-ll. , 2010, by Bruce F. Droste, individually and Bruce F. Droste as Trustee
for Bruce F. Droste Children's Trust for the benefit of Edward F. Droste and William
Droste
Witness my hand and official seal.
My commission expires:
111,1, *h
Notary Public
GRANTEE: KATHERINE STASKAUSKAS:
NOTARY PUBLIC
BOA' A I COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO STATE OF COLORADO .
J r My Commission Expires Sept. 12, 2013
Byaf a
George Newm. ,, Chair
ATTEST:
Jeanette Jones, Deputy Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 2 day of
O ce ..f - Q,_ , 2010, by George Newman as Chair of the Board of County
Commissioners of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
KATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 12, 2013
Exhibit "A"
TRAIL EASEMENT
A 20 FOOT WIDE TRAIL EASEMENT SITUATED WITHIN PARCEL 10,
ACCORDING TO THE FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80
P.U.D. RECORDED SEPTEMBER 27, 2010 AS RECEPTION NO. 573879 OF
THE PITKIN COUNTY RECORDS. SAID EASEMENT CENTERED OVER AN
EXISTING TRAIL AND BEING 5 FEET SOUTH OF AND 15 FEET NORTH OF
SAID EXISTING TRAIL CENTERLINE AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID CENTERLINE WHENCE THE NORTHWEST
CORNER OF SAID PARCEL 10 BEARS N.11 ° 26'58 "W., A DISTANCE OF
10.88 FEET; THENCE ALONG SAID CENTERLINE THE FOLLOWING THIRTY -
SEVEN (37) COURSES:
1) N.84 ° 58'25 "E., 26.46 FEET;
2) N.85 ° 18 1 12 "E., 60.75 FEET;
3) N.86 ° 15'55 "E., 212.08 FEET;
4) N.85 °26'20 "E., 164.62 FEET;
5) N.80 ° 22 1 57 "E., 75.24 FEET;
6) N.78 ° 58'40 "E., 34.38 FEET;
7) N.76 ° 12'19 "E., 75.32 FEET;
8) N.68 ° 42'32 "E., 27.31 FEET;
9) N.62 ° 19'39 "E., 104.93 FEET;
10) N.64 ° 03'55 "E., 92.82 FEET;
11) N.65 °58'18 "E., 74.59 FEET;
12) N.66 ° 39 1 35 "E., 74.79 FEET;
13) N.68 ° 49'03 "E., 164.74 FEET;
14) N.65 °17'04 "E., 126.62 FEET;
15) N.65 °47 "E., 41.45 FEET;
16) N.69 °17'36 "E., 31.10 FEET;
17) N.72 °54'04 "E., 105.00 FEET;
18) N.68 °57'49 "E., 37.80 FEET;
19) N.60 ° 18'53 "E., 36.82 FEET;
20) N.52 °17'46 "E., 138.03 FEET;
21) N.39 °57 "E., 50.77 FEET;
22) N.37 ° 30'34 "E., 142.01 FEET;
23) N.39 ° 28'07"E., 63.94 FEET;
24) N.41 °39'53 "E., 63.97 FEET;
25) N.45 °50'13 "E., 58.32 FEET;
26) N.50 ° 53'20 "E., 118.54 FEET;
27) N.54 °51'40 "E., 213.50 FEET;
28) N.58 °48 "E., 161.77 FEET;
29) N.61 ° 34 1 42 "E., 202.24 FEET;
30) N.58 °04'58 "E., 140.05 FEET;
9
31) N.46 ° 34'26 "E., 91.23 FEET;
32) N.44 °18 "E., 145.85 FEET;
33) N.43 °16'57 "E., 127.93 FEET;
34) N.48 °01'51 "E., 60.45 FEET;
35) N.62 ° 31'41 "E., 49.71 FEET;
36) N.57 ° 07'16 "E., 34.50 FEET;
37) N.50 ° 16'59 "E., 205.14 FEET TO THE TERMINUS FROM WHENCE THE
NORTHEAST CORNER OF SAID PARCEL 10 BEARS N.16 ° 10'13 "W., A
DISTANCE OF 28.28 FEET.
COUNTY OF PITKIN, STATE OF COLORADO.
P3
RECEPTION #: 576367, 12/30/2010 at
10:43:56 AM,
1 OF 4, R $0.00 Doc Code EASEMENT
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE ACCESS EASEMENT
THIS ADMINISTRATIVE ACCMSS EASEMENT (the "Administrative Access
Easement "), made and entered into this`d' day of 1) ECEv.$L42-, 2010, by and between Bruce
F. Droste; and Bruce F. Droste, Trustee for Bruce F. Droste Children's Trust for the benefit of
Edward F. Droste and William Droste ( "Grantor "), and the Board of County Commissioners of
Pitkin County, a local body politic, 530 E. Main Street, Aspen, CO 81611 ( "Grantee ").
(collectively referred to as "Parties "),
RECITALS:
1. Grantor is the record owner of certain real property located in Pitkin County,
known as Parcel 10 of the First Amended Plat of Brush Creek Ranch LIR -80 P.U.D.,
recorded on September 27, 2010 at Reception No. 573879, County of Pitkin, State of
Colorado ( "First Amended Plat "), and
2. Grantor desires by this instrument to establish and to grant to Grantee a perpetual
Administrative Access Easement over Parcel 10 which would follow the existing Ranch
Road as depicted on the First Amended Plat for the purpose of providing Grantee with
permanent access for administrative, maintenance and emergency purposes, and
3. Grantee desires by this instrument (a) to accept said Administrative Access Easement
subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection
therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, Grantor and Grantee agree as follows:
1. Grant of Administrative Access Easement. Grantor hereby grants,
transfers and conveys unto Grantee and its successors and assigns, for the use
and benefit of the County an Administrative Access Easement over Parcel 10,
which would follow the existing Ranch Road as depicted on the First Amended
Plat. Use of this easement alignment shall be for a period of three (3) years from
the grant of this Easement. After three years, the easement alignment shall
follow La Reata Road as that alignment is depicted on the FIRST AMENDED
PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D, according to the Plat thereof
recorded on September 27, 2010, in Plat Book 94 at Page 68, Reception No.
573879, County of Pitkin, State of Colorado. Use of the Administrative Access
Easement shall be exclusively for administrative, maintenance and emergency
purposes by employees and agents of Pitkin County, and by emergency response
personnel.
2. Administrative Access Use Restrictions.
gy
ADMINISTRATIVE ACCESS EASEMENT
PAGE 2
A. Administrative Access, The administrative access shall be solely for
the use of authorized agents and employees of Grantee and its departments and
agencies in the course of their employment in relation to the operation and
maintenance of County Owned Lands.
B. Emergency Access. Emergency access shall be solely for the use of
official emergency response personnel, vehicles and equipment acting in response
to an emergency situation existing on the County Owned Lands.
3. Grantee's Obligation to Indemnify and Insure. Grantee agrees hereby to add
Grantors (their successors and assigns in ownership) as additional named insureds on its
comprehensive general liability insurance policy, which insurance shall be maintained by
the Grantee to provide protection against liability from claims arising out of the use of the
Administrative Access Easement granted hereby. Such insurance shall be carried in
amounts not less than the liability limits specified in C.R.S. Section 24 -10- 114(1), as it
may be amended from time to time, and shall provide Grantors and their successors and
assigns with thirty (30) days advance written notice prior to cancellation or termination.
Grantee shall, upon written request therefor from Grantors or any successor or assign,
provide a Certificate of Insurance as verification of compliance with these requirements.
4. Attorneys' Fees. In the event the interpretation or enforcement of this
Administrative Access Easement should ever become the subject of litigation between
Grantor (or her successors and assigns in the record ownership of the underlying real
property traversed by the Administrative Access Easement, or any part thereof) and
Grantee, the prevailing party shall be entitled to an award of its reasonable costs and
attorneys' fees incurred in connection therewith.
5. Binding Effect. This Easement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns forever including all future record owners of the
underlying real property traversed by the Administrative Access Easement, or
any part thereof. The benefits and burdens hereof shall also run with the title to
the underlying real property and all parts thereof traversed by the Administrative
Access Easement. This Easement may only be amended by a writing signed by
Grantee and by the then - record owners of the underlying real property traversed
by the Administrative Access Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
GRANTOR:
truce F. Droste
ate
�A S -
5
t
ADMINISTRATIVE ACCESS EASEMENT
PAGE 3
Bruce F. Droste, Trustee for the Bruce F. Droste Children's Trust
for the benefit of Edward F. Droste and William Droste
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
'rl-1
The foregoing instrument was acknowledged before me this day of
!.t(r $cam 2010, by Bruce F. Droste, individually and Bruce F. Droste as Trustee.
Witness my hand and official seal.
My commission expires: ' / Q�� / ��. �
K • lJ X1.1. i�Y..9.�vS
Notary Public
GRANTEE:
KATHERINE STASKAUSKAS
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO NOTARY PUBLIC
0 STATE OF COLORADO .
M y Commission Expires Sept. 12, 2013
B . 2 ' ..A.
George New : n, Chair
ATTEST
A, / 4
Jeanette Jones, Deputy, Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _a day of OPC-R-
2010 by George Newman as Chair of the Pitkin County Board of County Commissioners.
WITNESS my hand and official seal.
My commission expires:
V Wiliip.AS
Notary Public
K ATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 12, 2013
RECEPTION #: 576406, 12/30/2010 at
02:37:03 PM,
1 OF 4, R $0.00 Doc Code COVENANTS
Janice K. Vos Caudill, Pitkin County, CO
RESTRICTIVE COVENANT
I
This Restrictive Covenant is made and entered into this 29 day ofQF(6.,fj(2- 2010,
by Peter C. Droste; Bruce F. Droste; Peter C. Droste, Trustee for Peter C. Droste Children's
Trust for the benefit of Peter C. Droste, Jr. and Elise A. Droste; and Bruce F. Droste, Trustee for
Bruce F. Droste Children's Trust for the benefit of Edward F. Droste and William Droste
( "Drostes ") for the benefit of the Board of County Commissioners of Pitkin County, Colorado.
RECITALS
1. The Drostes are the fee owners of certain real property in Pitkin County, Colorado
known as Parcels 10 and 10B of the First Amended Plat of the Brush Creek Ranch LIR -80
P.U.D., recorded on September 27, 2010, in Plat Book 94 at Page 68, at Reception No. 573879 in
the County of Pitkin, State of Colorado ( "Property ").
2. The Drostes desire to execute and record this Restrictive Covenant concerning the
Property in consideration of the mutual obligations contained in the Contract to Buy and Sell
Real Estate dated December 2, 2010 between the Board of County Commissioners of Pitkin
County, Colorado and the Drostes, approved by the Board of County Commissioners of Pitkin
County, Colorado on December 27, 2010 as Ordinance No. 33 -2010 and recorded at Reception
No. 576295 in the County of Pitkin, State of Colorado.
COVENANT
1. By the execution of this Restrictive Covenant, the Drostes hereby request that the
County merge Parcels 10 and 10B together into one parcel.
2. The Drostes covenant that the Property shall not be subject to future subdivision,
parceling or other division of ownership interest occasioned by grant, devise or encumbrances.
3. The Drostes covenant that the Property shall be held in one single common
ownership, such that the ownership interest shall be the same at all times for the entirety of the
Property.
4. The Drostes covenant that the water rights appurtenant to the Property shall not be
sold or conveyed separately from the Property, nor abandoned, nor not used to benefit the
Property. These water rights are contained in Exhibit B.
5. There shall be no additional development rights associated with the Property as a
result of the merger or combination of the two parcels.
6. The parcel identified as 10B shall not be available for development or
improvement of any kind as those terms are defined in the Pitkin County Land Use Code in
effect at the time of this covenant.
RESTRICTIVE COVENANT
PAGE 2 OF 2
7. Nothing contained in this Restrictive Covenant shall be construed as a dedication
of any part of the Property to public use.
8. The provisions of this Restrictive Covenant shall constitute covenants running
with the title to the Property and shall be binding upon the Drostes and their successors, assigns
or grantees in the ownership of the Property and shall be deemed an appurtenance to the title to
the Property.
9. This Restrictive Covenant shall inure to the benefit of the Board of County
Commissioners of Pitkin County, Colorado and shall be enforceable by the Board of County
Commissioners of Pitkin County, Colorado.
10. In the event that the interpretation and enforcement of this Restrictive Covenant
or any provision hereof becomes the subject of litigation between the parties or their successors,
the substantially prevailing party shall be entitled to an award of its reasonable attorneys fees and
costs as part of any judgment entered therein or of any negotiated settlement.
Bruce F. Droste
Seller: � J�� _ - �� Date /2-- Z 9 - 2a/c
Bruce 7
Bruce F. Droste Children's Trust for the benefit of Edward F. Droste and William Droste
AdaP Sell- ,��i' .s Date / 2-2 7 - 20i0
y: : ruse . Droste, Trustee
Accepted by the Board of County Commissioners of Pitkin County, Colorado.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
B ' , 7 �' 4 /41„4/2-01v
George New an, Cha Date
ATTES
By /l/4
Jeanette Jones
Deputy County Clerk
S
RESTRICTIVE COVENANT
PAGE 3 OF 3
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
,-
The foregoing instrument was acknowledged before me this L' day of 2010 by
Bruce F. Droste, Individually and as Trustee for Bruce F. Droste Children's Trust for the benefit of
Edward F. Droste and William Droste.
My Commission expires: .
Witness my hand and official seal. I/ Qs� � ��,��
i, 17t(e'��1�lsil(O
Notary Public
I .
K ATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 12 2013
3 a
EXHIBIT "B"
1. Not less than 0.5 cfs from the Lemond Ditch, No. 33, the source of
which is Brush Creek, the headgate being located on the north bank of Brush Creek
whence the quarter corner common to Sections 29 and 32, T.9S., R 85 W. of the 6
P.M. bears N. 71 °30'E. A distance of 285 feet, decreed by the Garfield County District
Court for irrigation purposes for the following former Water District No. 38 priorities and
amounts:
2. Priority No. 27 with an appropriation date of June 7, 1882, and an
adjudication date of May 11, 1889, for 0.8 cfs;
3. Priority No. 187 with an appropriation date of April 2, 1888, and an
adjudication date of May 11, 1889, for 0.37 cfs.
4. Not less than 0.5 cfs of 20 cfs decreed to East Snowmass and
Brush Creek Ditch, Priority No. 208D, in former Water District No. 38, with an
appropriation date of January 11, 1891, and an adjudication date of March 1, 1910, in
Case No. 1321, Garfield County District Court.
3(
RECEPTION #: 576407, 12/30/2010 at 42
02:37:04 PM,
• 1 OF 10, R $0.00 DF $0.00 Doc Code WD
Janice K. Vos Caudill, Pitkin County, CO
Recorded at o'clock M.
Reception No. Recorder.
WARRANTY DEED
THIS DEED, Made this 29 day of December 2010, between PETER C. DROSTE,
INDIVIDUALLY; BRUCE F. DROSTE, INDIVIDUALLY; PETER C. DROSTE,
AS TRUSTEE OF A TRUST FOR THE BENEFIT OF PETER C. DROSTE, JR.
AND ELISE DROSTE UNDER WRITTEN TRUST INSTRUMENT, DATED DECEMBER 25, 1991; AND
BRUCE F. DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF EDWARD DROSTE AND
WILLIAM DROSTE UNDER WRITTEN TRUST INSTRUMENT DATED DECEMBER 25, 1991, of the Q
County of Y and State of (.CL3en
GRANTORS, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
V \ whose legal address is 530 East Main Street, 3 Floor, Aspen, CO 81611, of the County of Pitkin and State of
Colorado, GRANTEE:
WITNESSES, that the GRANTORS, for and in consideration of the sum of (810.00) * ** Ten dollars and other
\� good and valuable consideration * * *, the receipt and sufficiency of which is hereby acknowledged, have granted,
DS"- bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the Grantee,
their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in
the County of Pitkin and State of Colorado, described as follows:
, SEE ATTACHED EXHIBIT "A"
also known by street and number as BRUSH CREEK ROAD, SNOWMASS VILLAGE, CO 81615;
TOGETHER with all and singular the hereditaments and appurtenances hereunto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the GRANTORS, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
GRANTEE, their heirs and assigns forever. And the GRANTORS, for themselves, their heirs and personal
representatives, do covenant, grant, bargain and agree to and with the GRANTEE, their heirs and assigns, that at
IJ the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have
v good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and have good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances
and restrictions of whatever kind or nature whatsoever, except those items as set forth on Exhibit `B" attached
hereto.
\ The GRANTORS shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet
�p and peaceable possession of the GRANTEE, their heirs and assigns, against all and every person or persons
CID lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders. IN WITNESS WHEREOF the GRANTORS have executed this deed on the date set forth above.
Peter C. Droste, Individually
3 2-
a er ,.. er ----
Bruce F. Droste, Individually
PETER C. DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF PETER C. DROSTE, JR. AND
ELISE DROSTE UNDER WRITTEN TRUST INSTRUMENT, DATED DECEMBER 25, 1991
, I U f' - t
Peter C. Droste, As Trustee
BRUCE F. DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF EDWARD DROSTE AND
WILLIAM DROSTE UNDER WRITTEN TRUST INSTRUMENT DATED DECEMBER 25, 1991
,2 7
Bruce F. Droste, As Trustee p,
The foregoing instrument was acknowledged before me this a I of Q ECat 2010 by Peter C.
Droste, Individually and as Trustee for Peter C. Droste Children's Trust for the benefit of Peter C. Droste, .1r. and
Elise A. Droste.
STATE OF COLORADO )
) s5. KATHERINE STASKAUSKAS
COUNTY OF P ritZtni ) NOTARY PUBLIC •
STATE OF COLORADO
My Commission expires: .
Witness my hand and official seal. /�My Commission Expires Sept. 12, 2013
Notary Public
The foregoing instrument was acknowledged before me this 021' day of 4 .. 2010 by Bruce F.
Droste, Individually and as Trustee for Bruce F. Droste Children's Trust for the benefit of Edward F. Droste and
William Droste.
My Commission expires: .
Witness my hand and official seal.
Notary Public
K ATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO_
My Commission Expires Sept. 12 2013
3
Exhibit "A"
PARCEL A PROPERTY DESCRIPTION
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF THE PROPERTIES DESCRIBED
IN THOSE DOCUMENTS RECORDED AS RECEPTION Nos. 340104, 340407 AND 408695
ALL OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND SITUATED IN
SECTIONS 28, 29, 32, 33 AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE
SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF BRUSH CREEK ROAD,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE CONSERVATION EASEMENT
DESCRIBED IN REC. NO. 410437 WHENCE THE WEST QUARTER CORNER OF SECTION 28
BEARS N57 ° 58'22 "E, A DISTANCE OF 3398.33 FEET; THENCE LEAVING SAID RIGHT -
OF -WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID REC. NOS. S11 °25'45 "W, A
DISTANCE OF 310.68 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY THE
FOLLOWING EIGHT (8) COURSES:
1) 586 ° 59'26 "E, 278.65 FEET;
2) S22 °52'57 "E, 516.65 FEET;
3) S89 ° 39'11 "E, 2110.66 FEET;
4) N66 ° 06'18 "E, 1031.47 FEET;
5) N85 °01'06 "E, 927.20 FEET;
6) N21 °59'38 "E, 729.98 FEET;
7) N73 °52'56 "E, 300.00 FEET;
8) N16 °07'04 "W, 20.05 FEET, TO A POINT ON THE NORTH LINE OF THE S1 /2 OF
THE SW1 /4;
THENCE ALONG SAID NORTH LINE OF THE S1 /2 OF THE SW1 /4 N87 °42'10 "E, A
DISTANCE OF 1573.24 FEET; THENCE ALONG THE NORTH LINE OF THE SW1 /4 OF THE
5E1 /4 N87 °48'01 "E, A DISTANCE OF 1319.90 FEET; THENCE ALONG THE EAST LINE
OF THE SW1 /4 OF THE SE1 /4 OF SAID SECTION 28 S00 °56'40 "E, A DISTANCE OF
1346.21 FEET; THENCE ALONG THE SOUTH LINE OF THE SW1 /4 OF THE 5E1 /4 OF
SAID SECTION 28 S87 °32'39 "W, A DISTANCE OF 406.16 FEET TO A POINT ON THE
BOUNDARY LINE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 859 (RECEPTION
NO. 322299) OF THE PITHIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE
THE FOLLOWING FOUR (4) COURSES:
1) S00 °55'57 "E, 220.10 FEET;
2) 558 ° 59'33 "W, 315.13 FEET;
3) S30 °06'23 "E, 1,090.00 FEET;
4) N87 °49'09"E, 150.00 FEET TO THE SOUTHEAST CORNER OF THE NW1 /4 OF THE
NE1 /4 OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SE1 /4 OF THE
NE1 /4 OF SAID SECTION 33 N87 ° 48'43 "E, A DISTANCE OF 1334.63 FEET; THENCE
ALONG THE EAST LINE OF THE SE1 /4 OF THE NE 1/4 OF SAID SECTION 33
S01 ° 19'45"E, A DISTANCE OF 1343.34 FEET TO THE NORTHWEST CORNER OF
GOVERNMENT LOT 25 OF SAID SECTION 34; THENCE ALONG THE BOUNDARY OF SAID
LOT 25 THE FOLLOWING TWO (2) COURSES:
1) N90 °00'00"E, 98.49 FEET;
2) 500 °00'00"E, 71.90 FEET;
THENCE ALONG TLIE SOUTH BOUNDARY LINE OF SAID LOT 25 AND GOVERNMENT LOTS
5, 7, AND 8 OF SAID SECTION 33 N84 °24'55 "W, 2918.13 FEET; THENCE LEAVING
SAID BOUNDARY S00 °02'05 "W, A DISTANCE OF 1320.00 FEET; THENCE
✓ 1
N89 ° 57'55 "W, A DISTANCE OF 2725.80 FEET; THENCE SOO °02 "W, A DISTANCE
OF 396.87 FEET; THENCE S89 °40'17 "W, A DISTANCE OF 2450.86 FEET; THENCE
S89 ° 54'31 "W, A DISTANCE OF 262.97 FEET TO THE SOUTHEAST CORNER OF SAID
CONSERVATION EASEMENT DESCRIBED IN RECEPTION NO. 410437; THENCE
S89 °54'31" W, 1068.71 FEET ALONG THE SOUTH LINE OF SAID CONSERVATION
EASEMENT; THENCE N01 ° 12'27" W, 1339.19 FEET ALONG THE WEST LINE OF SAID
CONSERVATION EASEMENT; THENCE N89 ° 41'41" W, 166.64 FEET ALONG THE SOUTH
LINE OF SAID CONSERVATION EASEMENT; THENCE N00 ° 09'34" E, 2463.51 FEET
ALONG THE WEST LINE OF SAID CONSERVATION EASEMENT; THENCE N63 °06'27" E,
110.16 FEET ALONG THE NORTHWESTERLY LINE OF SAID CONSERVATION EASEMENT;
THENCE N09 ° 18 1 28" W, 437.21 FEET ALONG THE WESTERLY LINE OF SAID
CONSERVATION EASEMENT; THENCE N10 °09'21" E, 186.19 FEET ALONG THE
WESTERLY LINE OF SAID CONSERVATION EASEMENT; THENCE N11 °14'06 "W, 56.28
FEET ALONG THE WESTERLY LINE OF SAID CONSERVATION EASEMENT TO THE SOUTH
RIGHT -OF -WAY LINE OF BRUSH CREEK ROAD; THENCE THE FOLLOWING SEVEN (7)
COURSES AND DISTANCES ARE ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
BRUSH CREEK ROAD AND THE NORTHERLY BOUNDADRY OF SAID CONSERVATION
EASEMENT:
1) N61 °33'00" E, 163.64 FEET TO A POINT OF CURVE TO THE RIGHT;
2) NORTHEASTERLY, 221.88 FEET, SAID ARC HAVING A RADIUS OF 1097.52 FEET,
A CENTRAL ANGLE OF 11 ° 35'00" AND BEING SUBTENDED BY A CHORD THAT BEARS
N67 ° 20'30" E, 221.50 FEET;
3) N73 ° 08'00" E, 573.12 FEET;
4) 201.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A
RADIUS OF 1090.92 FEET, A CENTRAL ANGLE OF 10 °33'38" AND BEING SUBTENDED
BY A CHORD THAT BEARS N78 °24'49" E, 200.79 FEET; 5) N79 °20'03" E, 50.53
FEET;
6) N87 ° 07'22 "E, 30.37 FEET;
7) N87 °55'00" E, 27.14 FEET, TO THE POINT OF BEGINNING;
COUNTY OF PITKIN
STATE OF COLORADO
SAID PROPERTY FORMERLY KNOWN AS PARCELS 1 - 9 AND TRACT A AS SHOWN ON THE
FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED SEPTEMBER
27, 2010 AS RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS
DESCRIPTION PREPARED BY:
MARK S. HECKLER, PLS No, 28643
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A3
CARBONDALE, CO 81623
Exhibit "B"
Q62003738 -7
RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS
ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS
CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN
UNITED STATES PATENT RECORDED May 10, 1900 IN BOOK 55 AT PAGE 496.
RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS
ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS
CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN
UNITED STATES PATENT RECORDED June 05, 1982 IN BOOK 55 AT PAGE 57.
RESERVATION OF ALL RIGHTS TO ANY AND ALL MINERALS, ORES AND METALS OF
EVERY KIND AND CHARACTER AND ALL COAL, ASPHALTUM, OIL AND OTHER LIKE
SUBSTANCES IN OR UNDER SAID LAND AND THE RIGHT OF INGRESS AND EGRESS
FOR THE PURPOSE OF MINING, TOGETHER WITH ENOUGH OF THE SURFACE OF
SAME AS MAY BE NECESSARY FOR THE PROPER AND CONVENIENT WORKING OF
SUCH MINERALS AND SUBSTANCES AS RESERVED IN PATENT FROM THE STATE OF
COLORADO RECORDED FEBRUARY 26, 1941 IN BOOK 167 AT PAGE 364 AND
NOVEMBER 28, 1947 IN BOOK 171 AT PAGE 332.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 1,
1955 IN BOOK 180 AT PAGE 381.
MINERAL ROYALTY INTERESTS AS RESERVED IN DEED RECORDED JUNE 4, 1965
IN BOOK 213 AT PAGE 240.
EASEMENT AND RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE
AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED OCTOBER 19, 1970 IN BOOK
251 AT PAGE 369.
EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OR
DISTRIBUTION LINE OR SYSTEM, AS GRANTED TO HOLY CROSS ELECTRIC
ASSOCIATION, INC., IN INSTRUMENT RECORDED FEBRUARY 25, 1972 IN BOOK
261 AT PAGES 599, 602 AND 605.
3'
EXHIBIT Our Order No. Q62003738 -7
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED December 03,
1985 IN BOOK 500 AT PAGE 795.
ACCESS EASEMENT AND CLEAR ZONE RESTRICTIVE EASEMENT AS SET FORTH IN
DEED RECORDED MAY 4, 1990 IN BOOK 619 AT PAGE 859 AND AS SHOWN ON AIR
TRAFFIC CONTROL SUBDIVISION EXEMPTION PLAT RECORDED MAY 4, 1990 IN
PLAT BOOK 24 AT PAGE 18.
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED June 06, 1991
IN BOOK 647 AT PAGE 848.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS RECORDED November 08, 1991 IN BOOK 661 AT PAGE 704 AS
RESOLUTION NO. 91 -102.
AS TO PARCEL B
TERMS, CONDITIONS AND PROVISIONS OF OCCUPANCY DEED RESTRICTION
RECORDED June 24, 1992 IN BOOK 681 AT PAGE 676.
AS TO PARCEL B
TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED
November 13, 1992 IN BOOK 694 AT PAGE 419 AND 420.
TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT
AGREEMENT WITH HOLY CROSS ELECTRIC ASSOCIATION, INC., RECORDED May
13, 1994 UNDER RECEPTION NO. 370037.
TERMS, CONDITIONS AND PROVISIONS OF WATER TREATMENT PLANT EASEMENT
AGREEMENT RECORDED August 22, 1994 UNDER RECEPTION NO. 373385.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT OF RIGHT OF WAY FOR AN
ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM, AS GRANTED TO
HOLY CROSS ELECTRIC ASSOCIATION, INC., RECORDED April 12, 1996 UNDER
RECEPTION NO. 391704.
1 7
EXHIBIT Our Order No. Q62003738 -7
EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON HOLY CROSS
ELECTRIC PLAT RECORDED APRIL 7, 1997 UNDER RECEPTION NO. 403190.
CONSERVATION EASEMENT AS SET FORTH IN DEED OF CONSERVATION EASEMENT
RECORDED MARCH 22, 1996 UNDER RECEPTION NO. 391098 AND RE- RECORDED
RECORDED NOVEMBER 11, 1997 AS RECEPTION NO. 410437.
TERMS, CONDITIONS AND PROVISIONS OF FIRST AMENDMENT TO AGREEMENT
RECORDED March 16, 1999 AT RECEPTION NO. 428805. NOTE: COLLATERAL
ASSIGNMENT OF AGREEMENT WAS GIVEN TO VECTRA BANK COLORADO BY
INSTRUMENT RECORDED JANUARY 25, 2000 AS RECEPTION NO. 439833.
TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 99 -51, SERIES OF 1999
RECORDED December 01, 1999 AT RECEPTION NO. 438113.
EASEMENT FOR TRAIL PURPOSES AS SET FORTH IN INSTRUMENT RECORDED
DECEMBER 1, 1999 AS RECEPTION NO. 438190.
CONSERVATION EASEMENT AS SET FORTH IN INSTRUMENT RECORDED DECEMBER 1,
1999 AS RECEPTION NO. 438191.
TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION RESTRICTIVE COVENANT
RECORDED December 01, 1999 AT RECEPTION NO. 438192.
EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON SURVEY
RECORDED JULY 26, 2000 UNDER RECEPTION NO. 445491.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RELOCATION AGREEMENT
RECORDED November 05, 2001 AT RECEPTION NO. 460453.
AS TO PARCEL B
TERMS, CONDITIONS AND PROVISIONS OF DETERMINATION OF THE HEARING
OFFICER OF PITKIN COUNY, COLORADO RECORDED June 19, 2002 AT RECEPTION
NO. 468853.
3g
EXHIBIT Our Order No. Q62003738 -7
TERMS, CONDITIONS AND PROVISIONS OF MUTUAL EASEMENT DEED RECORDED
February 13, 2003 AT RECEPTION NO. 478728.
TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION AGREEMENT RECORDED
May 11, 2004 AT RECEPTION NO. 497444 AND AGREEMENT SUPPLEMENTAL TO
GRANT OF UNDERGROUND ELECTRIC TRANSMISSION LINE EASEMENT RECORDED
JULY 11, 2008 AS RECEPTION NO. 550989.
TERMS, CONDITIONS AND PROVISIONS OF WATER LINE AGREEMENT RECORDED July
07, 2005 AT RECEPTION NO. 512142.
TERMS, CONDITIONS AND PROVISIONS OF GRANT OF SUBSURFACE EASEMENT AND
PIPELINE ACCESS, MAINTENANCE, REPAIR AND OPERATION AGREEMENT RECORDED
July 07, 2005 AT RECEPTION NO. 512144.
TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENT RECORDED
November 16, 2005 AT RECEPTION NO. 517464 AND ASSIGNMENT THERETO
RECORDED NOVEMBER 24, 2008 AS RECEPTION NO. 554507.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED April 28, 2006
AT RECEPTION NO. 523470.
AS TO PARCEL B
TERMS, CONDITIONS AND PROVISIONS OF GRANT OF UNDERGROUND ELECTRIC
TRANSMISSION LINE EASEMENT RECORDED August 10, 2006 AT RECEPTION NO.
527365 AND AS RECEPTION NO. 527366.
TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENENTS GRANTED IN
FINAL RULE AND ORDER RECORDED FEBRUARY 23, 2009 UNDER RECEPTION NO.
556649, RECORDED FEBRUARY 23, 2009 UNDER RECEPTION NO. 556650.
TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENTS RECORDED March
14, 2008 AT RECEPTION NO. 547383 AND FEBRUARY 25, 2009 AS RECEPTION
NO. 556687 AND RECORDED FEBRUARY 25, 2009 UNDER RECEPTION NO. 556688.
q
EXHIBIT Our Order No. Q62003738 -7
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, RESOLUTION NO. 051 -2009
RECORDED September 04, 2009 AT RECEPTION NO. 562550 AND RE- RECORDED
DECEMBER 9, 2009 AS RECEPTION NO. 565141.
UPON VACATION WILL BE DELETED AS TO PARCEL A BUT STILL ENCUMBER
PARCEL B.
EASEMENT AS SET FORTH IN SPECIAL WARRANTY DEED RECORDED NOVEMBER 19,
2009 AS RECEPTION NO. 564659.
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED November 19,
2009 AT RECEPTION NO. 564660.
TERMS, CONDITIONS AND PROVISIONS OF COVENANT TO CEASE IRRIGATION
RECORDED November 19, 2009 AT RECEPTION NO. 564661.
TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANT RECORDED
January 07, 2010 AT RECEPTION NO. 565968.
THOSE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS,
RESTRICTIONS, ASSESSMENTS AND ALL MATTERS AS SET FORTH IN DECLARATION
OF PROTECTIVE COVENANTS FOR BRUSH CREEK RANCH PUD RECORDED JANUARY 7,
2010 AS RECEPTION NO. 565969 AND RE- RECORDED JANUARY 19, 2010 AS
RECEPTION NO. 566269, DELETING THEREFROM ANY RESTRICTIONS INDICATING
ANY PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
UPON VACATION WILL BE DELETED AS TO PARCEL A BUT STILL ENCUMBERS
PARCEL B.
TERMS, CONDITIONS AND PROVISIONS OF BRUSH CREEK RANCH PUD IMPROVEMENT
AGREEMENT RECORDED January 07, 2010 AT RECEPTION NO. 565967 AND
RE- RECORDED JANUARY 19, 2010 AS RECEPTION NO. 566270.
UPON VACATION WILL BE DELETED AS TO PARCEL A BUT STILL ENCUMBERS
1
EXHIBIT Our Order No. Q62003738 -
PARCEL B.
EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF
BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED JANUARY 7, 2010 IN PLAT BOOK
93 AT PAGE 7.
UPON VACATION WILL BE DELETED AS TO PARCEL A BUT STILL ENCUMBERS
PARCEL B.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES
ON THE PLAT OF FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D.
RECORDED 09/27/2010 IN PLAT BOOK 94 AT PAGES 68 -78.
UPON VACATION WILL BE DELETED AS TO PARCEL A BUT STILL ENCUMBERS
PARCEL B.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 116 -2010 RECORDED
September 27, 2010 AT RECEPTION NO. 573878.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 117 -2010 RECORDED
November 16, 2010 AT RECEPTION NO. 575138.
TER CONDITIONS AND PROVISIONS OF PUBLIC TRAIL EASEMENT RECORDED
2, 3 0/26 /D AT RECEPTION NO. SJL.PL.L
TERMS, CONDITIO 5 AND PROVISIONS OF ADMINISTRATIVE ACCESS EASEMENT
RECORDED / 5012D(6 AT RECEPTION NO. S7d367 .
TERMS, CONDITIONS AND PROVISIONS OF COVENANT RECORDED �p `� /2
AT RECEPTION NO. ,S 7 F , g (p 7 .
ALL MATTERS AS SHOWN ON IMPROVEM T SURVEY PLAT BY SOPRIS
ENGIN RIN7i LLC DATED DECEMBER , 2010 AS J0,13 27083 AND RECORDED
7 ityl UNDER RECEPTION NO. 57J ,57
4/7
RECEPTION #: 576408, 12/30/2010 at
02:37:05 PM,
1 OF 5, R $0.00 DF $0.00 Doc Code QCD
Janice K. Vos Caudill, Pitkin County, CO
6r
QUIT CLAIM DEED
THIS DEED made this C 1day of December 2010 between Peter C. Droste; Peter C.
Droste, Trustee for Peter C. Droste Children's Trust for the benefit of Peter C. Droste, Jr. and
Elise A. Droste; Bruce F. Droste; and Bruce F. Droste, Trustee for Bruce F. Droste Children's
Trust for the benefit of Edward F. Droste and William Droste as Grantors, and the Board Of
County Commissioners of Pitkin County, Colorado whose legal address is 530 East Main Street,
3rd Floor, Aspen, Colorado, 81611 as Grantee:
WITNESSETH:
That the Grantors, for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, have remised,
released, sold, conveyed and QUIT CLAIMED unto the Grantee, its successors and assigns,
forever, without warranty, the real property, together with improvements, if any, situate, lying
and being in the County of Pitkin and the State of Colorado, described as follows:
1. Any and all water rights and water interests, including but not limited to wells,
pipes, ditches, permits and applications used upon or appurtenant to the
Property, more specifically described in Exhibit "A" attached hereto, and
formerly known as Parcels 1 -9 and Tract A of the First Amended Plat of
Brush Creek Ranch, LIR -80 P.U.D., according to the Plat thereof recorded on
September 27, 2010, in Plat Book 94 at Page 68, Reception No. 573879,
County of Pitkin, State of Colorado, with all the estate, right, title, interest,
claim, and demand whatsoever of the Sellers, either in law or equity, of in and
to the water rights and said appurtenant interests including but not limited to
the following:
• 0.264 cfs of the Lemond Ditch Priority No. 37 water right,
originally decreed for 0.8 cfs in Civil Action No. 132, on May 11,
1889, with an appropriation date of June 7, 1882;
• 0.33 cfs of the Lemond Ditch Priority No. 187 water right,
originally decreed for 0.7 cfs in Civil Action No. 132, on May 11,
1889, with an appropriation date of April 2, 1888; and
• 2.118 cfs of the Lemond Ditch Second Enlargement water
right, priority No. 446, originally decreed for 4.5 cfs in Civil
Action No. 3723, on August 25, 1949, with an appropriation date
of September 1, 1936.
2. All interests in any mineral rights, mining claims and placer lodes, associated
or underlying the Property described in Exhibit "A" attached hereto, owned or
controlled by Sellers.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, all the estate right, title,
interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use,
benefit and behoof of the Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth
above.
Peter C. Droste
Grantor Date t t- - Z°l — 2- a I 0
Peter C. Droste
Peter C. Droste Children's Trust for the benefit of Peter C. Droste Jr. and Elise A. Droste
Granto j 12..t - tv Date I h.. - 'Z of - 'Z o t 0
By: Peter C. Droste, Trustee
Bruce F. Droste
Grant Date / 7 - 2 r- Zorn
Bruce . Droste
Bruce F. Droste Children's Trust for the benefit of Edward F. Droste and William Droste
Gran Tr" ✓...V"- Date /2 - 2 9 - 2erd
By: ruce F. Droste, ruste
G Ty
The foregoing instrument was acknowledged before me this e l day of DEC C-A.5 2010
by Peter C. Droste, Individually and as Trustee for Peter C. Droste Children's Trust for the
benefit of Peter C. Droste, Jr. and Elise A. Droste.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
My Commission expires: .
Witness my hand and official seal.
I S`A-aqatis
KATHERINE STASKAUSKAS Notary Public
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept. 12. 2013 2
L/3
The foregoing instrument was acknowledged before me this _day of vccC -y.$4? 2010 by
Bruce F. Droste, Individually and as Trustee for Bruce F. Droste Children's Trust for the benefit
of Edward F. Droste and William Droste.
STATE OF f"i }.' {mot); )
) ss,
COUNTY OF J
My Commission expires:
Witness my hand and official seal.
Notary Public
KATHERINE STASKAUSKAS
NOTARY PUBLIC
STATE OF COLORADO ;
My Commission Expires Sept. 12, 2013
3
Exhibit "A"
PARCEL A PROPERTY DESCRIPTION
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF THE PROPERTIES DESCRIBED
IN THOSE DOCUMENTS RECORDED AS RECEPTION Nos. 340104, 340407 AND 408695
ALL OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND SITUATED IN
SECTIONS 28, 29, 32, 33 AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE
SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF BRUSH CREEK ROAD,
SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE CONSERVATION EASEMENT
DESCRIBED IN REC. NO. 410437 WHENCE THE WEST QUARTER CORNER OF SECTION 28
BEARS N57 ° 58'22 "E, A DISTANCE OF 3398.33 FEET; THENCE LEAVING SAID RIGHT -
OF -WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID REC. NOS. S11 ° 25'45 "W, A
DISTANCE OF 310.68 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY THE
FOLLOWING EIGHT (8) COURSES:
1) 586 ° 59'26 "E, 278.65 FEET;
2) 522 °52'57 "E, 516.65 FEET;
3) S89 ° 39'11 "E, 1110.66 FEET;
4) N66 ° 06'18 "E, 1031.47 FEET;
5) N85 ° 01'06 "E, 927.20 FEET;
6) N21 ° 59'38 "E, 729.98 FEET;
7) N73 ° 52'56 "E, 300.00 FEET;
8) N16 ° 07'04 "W, 20.05 FEET, TO A POINT ON THE NORTH LINE OF THE S2/2 OF
THE SW1 /4;
THENCE ALONG SAID NORTH LINE OF THE S1 /2 OF THE SW1 /4 N87 °42'10 "E, A
DISTANCE OF 1573.24 FEET; THENCE ALONG THE NORTH LINE OF THE SW1 /4 OF THE
5E1/4 N87 ° 48'01 "E, A DISTANCE OF 1319.90 FEET; THENCE ALONG THE EAST LINE
OF THE SW1 /4 OF THE SE1 /4 OF SAID SECTION 28 500 0 56'40 "E, A DISTANCE OF
1346.21 FEET; THENCE ALONG THE SOUTH LINE OF THE SW1 /4 OF THE SE1 /4 OF
SAID SECTION 28 387 ° 32'39 "W, A DISTANCE OF 406.16 FEET TO A POINT ON THE
BOUNDARY LINE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 859 (RECEPTION
NO. 322299) OF THE PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE
THE FOLLOWING FOUR (4) COURSES:
1) S00 ° 55'57 "E, 220.10 FEET;
2) 558 ° 59'33 "W, 315.13 FEET;
3) S30 ° 06'23"E, 1,090.00 FEET;
4) N87 ° 49'09 "E, 150.00 FEET TO THE SOUTHEAST CORNER OF THE NW1/4 OF THE
NE1 /4 OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE 5E1 /4 OF THE
NE1 /4 OF SAID SECTION 33 N87 °48'43 "E, A DISTANCE OF 1334.63 FEET; THENCE
ALONG THE EAST LINE OF THE SE1 /4 OF THE NE 1/4 OF SAID SECTION 33
S01 ° 19'45 "E, A DISTANCE OF 1343.34 FEET TO THE NORTHWEST CORNER OF
GOVERNMENT LOT 25 OF SAID SECTION 34; THENCE ALONG THE BOUNDARY OF SAID
LOT 25 THE FOLLOWING TWO (2) COURSES:
1) N90 ° 00'00 "E, 98.49 FEET;
2) S00 ° 00'00"E, 71.90 FEET;
THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 25 AND GOVERNMENT LOTS
5, 7, AND 8 OF SAID SECTION 33 N84 0 24'55 "W, 2918.13 FEET; THENCE LEAVING
SAID BOUNDARY S00 °02'05 "W, A DISTANCE OF 1320.00 FEET; THENCE j/
N89 ° 57'55 "W, A DISTANCE OF 2725.80 FEET; THENCE S00 °02'05 "W, A DISTANCE
OF 396.87 FEET; THENCE S89 °40'17 "W, A DISTANCE OF 2450.86 FEET; THENCE
S89 ° 54•31 "W, A DISTANCE OF 262.97 FEET TO THE SOUTHEAST CORNER OF SAID
CONSERVATION EASEMENT DESCRIBED IN RECEPTION NO. 410437; THENCE
S89 ° 54'31" W, 1068.71 FEET ALONG THE SOUTH LINE OF SAID CONSERVATION
EASEMENT; THENCE N01 ° 12 1 27" W, 1339.19 FEET ALONG THE WEST LINE OF SAID
CONSERVATION EASEMENT; THENCE N89 ° 41 1 41" W, 166.64 FEET ALONG THE SOUTH
LINE OF SAID CONSERVATION EASEMENT; THENCE N00 ° 09'34" E, 2463.51 FEET
ALONG THE WEST LINE OF SAID CONSERVATION EASEMENT; THENCE N63 0 06 1 27" E,
110.16 FEET ALONG THE NORTHWESTERLY LINE OF SAID CONSERVATION EASEMENT;
THENCE N09 ° 18 1 28" W, 437.21 FEET ALONG THE WESTERLY LINE OF SAID
CONSERVATION EASEMENT; THENCE N10 ° 09 1 21" E, 186.19 FEET ALONG THE
WESTERLY LINE OF SAID CONSERVATION EASEMENT; THENCE N11 ° 14'06 "W, 56.28
FEET ALONG THE WESTERLY LINE OF SAID CONSERVATION EASEMENT TO THE SOUTH
RIGHT -OF -WAY LINE OF BRUSH CREEK ROAD; THENCE THE FOLLOWING SEVEN (7)
COURSES AND DISTANCES ARE ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
BRUSH CREEK ROAD AND THE NORTHERLY BOUNDADRY OF SAID CONSERVATION
EASEMENT:
1) N61 ° 33'00" E, 163.64 FEET TO A POINT OF CURVE TO THE RIGHT;
2) NORTHEASTERLY, 221.88 FEET, SAID ARC HAVING A RADIUS OF 1097.52 FEET,
A CENTRAL ANGLE OF 11 °35'00" AND BEING SUBTENDED BY A CHORD THAT BEARS
N67 ° 20'30" E, 221.50 FEET;
3) N73 ° 08'00" E, 573.12 FEET;
4) 201.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A
RADIUS OF 1090.92 FEET, A CENTRAL ANGLE OF 10 ° 33'38" AND BEING SUBTENDED
BY A CHORD THAT BEARS N78 °24'49" E, 200.79 FEET; 5) N79 ° 20'03" E, 50.53
FEET;
6) N87 ° 07'22 "E, 30.37 FEET;
7) N87 ° 55'00" E, 27.14 FEET, TO THE POINT OF BEGINNING;
COUNTY OF PITKIN
STATE OF COLORADO
SAID PROPERTY FORMERLY KNOWN AS PARCELS 1 - 9 AND TRACT A AS SHOWN ON THE
FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED SEPTEMBER
27, 2010 AS RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS
DESCRIPTION PREPARED BY:
MARK S. BECELER, PLS No, 28643
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A3
CARBONDALE, CO 81623
y17
RECEPTION #: 576409, 12/30/2010 at
02:37:06 PM, t 6j
Hunting License 12/29/2010 1 OF 3, R $0.00 Doc Code AGREEMENT
Janice K. Vos Caudill, Pitkin County, CO
HUNTING LICENSE
THIS HUNTING LICENSE (the "License "), made and entered into this V day
ofl C 2010, by and between the Board of County Commissioners of Pitkin County,
a corporate and body politic ( "County"), and Peter C. Droste, Peter C. Droste, Jr. and
Elise A. Droste ( "Droste "), collectively referred to as the "Parties."
RECITALS:
1. County is the record owner of certain real property located in
Pitkin which which has recently been acquired from Droste, and
2. As provided in the contract between the County and Droste executed
on December 2, 2010, the County has agreed to convey a hunting license to access
Tract A for the duration of Peter C. Droste's life, and
3. The Parties desire by this instrument to establish and to grant to
hunting license over certain property otherwise encumbered by a conservation
easement conveyed in 1996 and recorded in the Official Records of Pitkin County,
reception number 410437(the Property) for the duration of Peter C. Droste's life
( "License "), and
4. Droste desires by this instrument (a) to accept said License subject to
the restrictions set forth herein, and (b) to assume certain responsibilities in
connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein, and for other good and valuable considerations, the
receipt and sufficiency of which are hereby acknowledged, County and Droste agree
as follows:
1. Grant of License. County hereby grants, transfers and conveys
unto Droste for the use and benefit of Peter C. Droste, Peter C. Droste, Jr. and
Elise A. Droste for the duration of Peter C. Droste's life a non - exclusive, non-
commercial access license to be located on the Property. The use of the
License is limited to hunting purposes consistent with Colorado Division of
Wildlife Hunting Regulations and any Pitkin County management plan
established for the Property.
2. Droste hereby accepts the License in an "as is" condition, subject
to the restrictions herein contained.
'/7
• Hunting License 12/29/2010
3. License Use Restrictions. Use of the License shall be exclusively
for limited to hunting purposes consistent with Colorado Division of Wildlife
Hunting Regulations and any Pitkin County management plan established for
the Property.
4. Droste's Obligation to Indemnify. Droste covenants and agrees
to (at all times) protect, indemnify, hold harmless and defend County, its
directors, officers, agents, employees, successors, assigns, parents,
subsidiaries and affiliates from and against any and all claims arising from,
alleged to arise from, or related to any injury allegedly or actually occurring,
imposed as a result of, arising from, or related to (a) this License or any
other person's or entity's presence at the premises as a result of or related
to this agreement. Drostes duty to protect, indemnify, hold harmless and
defend hereunder shall apply to any and all claims and injury, including, but
not limited to: (a) Claims asserted by any person or entity, including, but
not limited to any third parties.
5. Attorneys' Fees. In the event the interpretation or enforcement
of this License should ever become the subject of litigation between County
(or her successors and assigns in the record ownership of the underlying
real property traversed by the Trail License, or any part thereof) and Droste,
the prevailing party shall be entitled to an award of its reasonable costs and
attorneys' fees incurred in connection therewith.
6. Binding Effect. This License shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns forever including all future record
owners of the underlying real property traversed by the License, or any part
thereof. The benefits and burdens hereof shall also run with the title to the
underlying real property and all parts thereof traversed by the License. This
License may only be amended by a writing signed by Droste and by the then -
record owners of the underlying real property traversed by the License.
y�
Hunting License 12/29/2010
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
COUNT
By: '
George Newman
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this s / 9 day of
QC 646 2010, by George Newman
Witness my hand and official seal.
My commission expires:
IC, WINS
Notary Public
DROSTE: I
B 1 `4
Peter C. Droste
ATTEST:
dZtN/(- STFT,16'a -S
(COUNTY OF PITKIN and COUNTY OF EAGLE )
- M
The foregoing instrument was acknowledged before me this 1- day of
DecriveF(L , 2010, by Peter C. Droste, and attested to
_ -res7 . ZV&S
Witness my hand and official seal.
My commission expires: I,f C
KATHERINE STASKAUS ry Public
NOTARY PUBLIC
STATE OE COLORADO
My Commission Expires Sept it 2013
t 9
fl EPP &U - ea' hy CilK/macr e' 110 , 33 ) -
RECEPTION#: 581345, 07/20/2011 at Return to: 320 Main Street, d Trust
1 O 11 : 49 PM, Carbondale, CO 81623
OF 4, R $0.00 Doc Code DEED 970 - 963 - 8440
CONSERV
Janice K. Vos Caudill, Pitkin County, CO
AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
WAPITI RIDGE
Pitkin County
NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH GRANT #11006
( "GRANT ") FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST
FUND ("BOARD"). THIS DEED OF CONSERVATION EASEMENT CONTAINS
RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE
INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. THE
BOARD HAS FOUND THAT THIS DEED OF CONSERVATION EASEMENT PROVIDES
BENEFITS THAT ARE IN THE PUBLIC INTEREST.
THIS AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN
GROSS ( "Easement ") is granted this )6 of July, 2011, by the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic
( "Grantor" or the "County") to and for the benefit of ASPEN VALLEY LAND TRUST, a
Colorado nonprofit corporation having offices at 320 Main Street, Suite 204, Carbondale,
Colorado 81623 (the "Trust "). The Grantor and the Trust are collectively referred to as the
"Parties "). The TOWN OF SNOWMASS VILLAGE, COLORADO, a Colorado Home Rule
Municipality (the "Town ") has executed this Easement for the purpose of (1) consenting to the
terms of this Easement; and (2) quitclaiming to the Trust its interest as a grantee under the 1999
Conservation Easement, described below, while retaining rights of enforcement as described in
Section 13, herein.
The following exhibits are attached hereto and incorporated by reference herein:
Exhibit A: Legal Description of Property
Exhibit B: Legal Description of County Tract and Tract A
Exhibit C: Map of Conservation Easement
Exhibit D: Water Rights
Exhibit E: Baseline Documentation Acknowledgement
Exhibit F: Consents of 1999 Conservation Easement parties to this Easement
...\7a 071811 1
RECITALS
I. The Property (County Tract, Tract A and South Tract).
WHEREAS, Grantor is the sole owner in fee simple of approximately 844.69 acres, more
or less, of real property in the Brush Creek area of Pitkin County, State of Colorado, known as
"Wapiti Ridge" and more particularly described in Exhibit A, together with certain Water Rights
described in Exhibit D (the "Property "). The Property includes the 438 -acre, more or less,
"County Tract" (previously encumbered by the 1999 Conservation Easement, described below),
the 99 -acre, more or less "Tract A" described in Exhibit B (previously encumbered by the
1996 -7 Conservation Easement described below) and the 308 -acre, more or less, remainder of
the Property (the "South Tract ") (not previously encumbered by a conservation easement). The
term "Property" shall hereinafter be defined as the land and water rights combined, and the term
"Water Rights" shall refer to the water rights alone and include all of Grantor's water rights,
title and interest described in Exhibit D. This Easement is an amended and restated conservation
easement as to the County Tract and as to Tract A, and is a new conservation easement as to the
remainder of the Property;
WHEREAS, the Grantor acquired the Property in part with funds contributed by the
Town and the City of Aspen, Colorado, a Colorado municipal corporation (the "City"), for the
purpose of protecting certain ecological, open space, agricultural and recreational values
important to the residents and visitors of the Town, the City and Pitkin County;
II. The County Tract and 1999 Conservation Easement.
WHEREAS, the County and the Town were the co- grantees of a Deed of Conservation
Easement encumbering 503 acres, more or less, of land and certain water rights, granted by Peter
C. Droste et al., and recorded in the real property records of Pitkin County on December 1, 1999
as Reception No. 438191 ( "1999 Conservation Easement ");
WHEREAS, approximately 438 acres encumbered by the 1999 Conservation Easement
was conveyed to the County by Warranty Deed (the "County Deed ") recorded in the real
property records of Pitkin County on December 30, 2010 as Reception No. 576407 (described in
Exhibit B as the "County Tract "), which County Tract is part of the Property encumbered by
this Easement;
WHEREAS, as evidenced by the consent agreements recorded immediately prior to this
Easement (the "Consents ") copies of which are attached hereto as Exhibit F, the parties to the
1999 Conservation Easement have agreed that upon the recording of this Amended and Restated
Deed of Conservation Easement the County Tract is released from the 1999 Conservation
Easement for the purpose of (1) allowing the County Tract to be joined together with the
remainder of the Property in this Amended and Restated Conservation Easement having terms
and provisions appropriate for protected land allowing public access for low impact recreational
uses; (2) conveying to the Trust any interest of the County and the Town as co- grantees under
the 1999 Conservation Easement; and (3) allowing the remainder of the property encumbered by
v7a 071811 2
the 1999 Conservation Easement (the "Droste Tract," referred to in Exhibit F, which is in
private ownership as of the date of recording this Easement) to continue to be subject to the 1999
Conservation Easement which does not require public access;
WHEREAS, by its execution of this Easement, the Town hereby quitclaims its interest as
a co- grantee under the 1999 Conservation Easement to the Trust, while retaining certain rights of
enforcement as described in Section 14, herein;
WHEREAS, by its execution of this Easement, the County hereby quitclaims to the Trust
any interest it may have as a co- grantee under the 1999 Conservation Easement while retaining
its interest as Grantor hereunder;
WHEREAS, by its execution of this Easement the Trust accepts (1) the quitclaim of any
interest of the Town as co- grantee under the 1999 Conservation Easement; (2) the quitclaim of
the County as to any interest it may have as co- grantee under the 1999 Conservation Easement;
and (3) the terms, provisions and obligations of this Easement pursuant to which the Trust is the
sole grantee;
WHEREAS, the Parties and the Town wish to restate, merge, supersede and replace the
1999 Conservation Easement as it affects the County Tract (but not interrupt the perpetual
duration of the 1999 Conservation Easement or the property right which vested in the grantees at
the recording of the 1999 Conservation Easement), with this Easement.
III. Tract A and the 1996 -7 Conservation Easement.
WHEREAS, Peter C. Droste et al., granted a Deed of Conservation Easement to Pitkin
County encumbering 99 acres, more or less, located in Pitkin County, Colorado (referred to as
"Tract A "), which was recorded in the real property records of Pitkin County on March 22, 1996
at Reception No. 391098 and re- recorded on November 11, 1997 as Reception No. 410437
( "1996 -7 Conservation Easement "). Tract A was conveyed to Pitkin County by the County
Deed recorded on December 30, 2010, and upon recording of the County Deed Pitkin County
became both the owner of the Tract A and the holder of the 1996 -7 Conservation Easement.
Pitkin County intends to restate, merge, supersede and replace the 1996 -7 Conservation
Easement with this Easement (but not interrupt the perpetual duration of the 1996 -7
Conservation Easement or the property right which vested in the grantee at the recording of the
1996 -7 Conservation Easement).
IV. Additional Recitals Pertaining to the Entire Property.
WHEREAS, the Property possesses natural, scenic, open space (including agricultural),
wildlife, historical, educational and recreational values (collectively, "Conservation Values ") of
importance to Grantor, the Trust, the people of Pitkin County, and the people of the State of
Colorado that are worthy of preservation;
WHEREAS, the Conservation Values of the Property are more particularly described in
the Baseline Documentation, described in Section 4 herein, and include the following
v7a 071811 3
conservation purposes, the protection of which are recognized for qualified conservation
contributions under Section 170(h)(4)(A) of the Internal Revenue Code of 1986, as amended
( "IRC "), and under Section 1.170A -14(d) of the Treasury Regulations:
• Relatively Natural Habitat [§ 1.170A- 14(d)(3)]. The Property's location and
diversity of vegetation, topography and structure provide habitat for a diverse array of
plants and animals, making the Property an important natural resource unique to the area
and critical to maintaining the landscape and habitat connectivity of the region. The
Property includes a portion of Brush Creek and its associated riparian wetland complex
with a rich variety of emergent and shrub -scrub wetlands, beaver ponds, and seeps and
springs, which collectively support a diverse ecological community. The Property's
prominent ridgeline and upland hillsides support a mosaic of plant communities in good to
excellent condition dominated by a variety of mixed montane shrublands with Gambel
oak, Saskatoon serviceberry, mountain snowberry, and mountain mahogany. Other
vegetative communities occurring on the Property include quaking aspen woodland,
Rocky Mountain juniper - Gambel oak, as well as a few patches of Douglas -fir / Rocky
Mountain juniper woodland.
Bare shale soils on the Property provide habitat for some rare and endemic plant
species including Rollins' twinpod (Physaria rollinsii), a rare plant endemic to Colorado,
which has been ranked by the Colorado Natural Heritage Program ( "CNHP ") as S2 /G2,
imperiled in the state due to its rarity. Another endemic plant, Harrington's beardtongue
(Penstemon harringtonii) also likely occurs on the Property and is globally vulnerable,
endemic to a six county area in Colorado. Finally, the Property supports sagebrush
shrublands and Gambel oak shrublands designated as rare and/or imperiled by CNHP.
The Property provides a critically important migration corridor for the Maroon
Bells - Snowmass elk herd, and its southeast facing slopes and bare shale ridge top provide
valuable winter range, a winter concentration area, and severe winter range for elk. Elk are
common on the Property from late fall through early spring with densities greatest during
fall and spring migration. Mule deer also use the Property throughout the year but most
heavily during the spring and fall transition periods. In addition, 56 species of birds, 29
species of mammals, seven bat species, and five species of herpetofauna are known or
suspected to occur on the Property. Species of concern occurring on the Property include
Brewer's sparrows, northern pygmy owl, and Virginia's warbler.
• Open Space [§ 1.170A- 14(d)(4)]. The Property qualifies as open space because it will be
preserved for the scenic enjoyment of the general public and is pursuant to a clearly
delineated federal, state or local governmental conservation policy and will yield a
significant public benefit.
o Scenic Enjoyment. The Property contains a prominent ridgeline as well as scenic
pastures and meadows all visible from heavily traveled public roads that add to
the scenic, natural and rural character of the landscape in which it lies.
Specifically, the Property is visible from Colorado State Highway 82, Brush
Creek Road, Owl Creek Road, points on McLain Flats Road, Snowmass Ski Area,
and public trails including the popular Owl Creek and Brush Creek Trails, in
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addition to other high points on nearby public lands, all of which are open to and
actively used by residents of Pitkin County and the State of Colorado. In
addition, the Property will be seasonally accessible to the public by trail and
provides outstanding views of surrounding mountain ranges and valleys from its
ridges. The terms of the Easement do not permit a degree of intrusion or future
development that would interfere with the essential scenic quality of the land.
o Agriculture. The Property has historically been used for agricultural production
including livestock grazing, irrigation and hay production. These uses are
representative of the historic uses of the area and are compatible with other land
use in the vicinity.
o Governmental Policies. Conservation of the Property is promoted by the
following local, state, and federal governmental policies and the goals and
policies of Pitkin County. The laws and regulations of the State of Colorado and
the United States also support conservation of the Property relative to its scenic,
wildlife habitat, agricultural heritage, natural area and recreational values:
• Local Policies:
Pitkin County Land Use Code includes policies that value and protect Rural
Development, Recreation, Wildlife and Scenic Quality, and the adoption of the
Ecological Bill of Rights.
The Brush Creek Master Plan and Owl Creek Master Plan both encourage
"conservation easements in the area to maintain and provide continuity
between habitat in the wildlife corridors and critical winter habitat in the
Brush Creek, Owl Creek, Wildcat Ranch and Williams Hill areas ".
The Snowmass Village Comprehensive Plans acknowledges that the
"main entrance into Snowmass Village and is a critically important scenic
resource to the Town. Lower Brush Creek provides the first significant view
of the Village's ranching heritage. [t]he open character of undeveloped
lands emphasizes Snowmass Village as a separate community, distinct from
other communities in the Roaring Fork Valley. The Lower Brush Creek
Valley is a picturesque, high - quality visual and wildlife resource. Preserving
the area's open character is a priority in the Lower Brush Creek Valley ".
• Statewide Policies:
The State of Colorado has recognized the importance of private efforts
toward the preservation of land by the enactment of Colorado Revised
Statutes ( "C.R.S. ") § §38- 30.5 -101 et seq. In addition, C.R.S. §33 -1 -101
provides in relevant part that "it is the policy of the state of Colorado that the
wildlife and their environment are to be protected, preserved, enhanced, and
managed for the use, benefit, and enjoyment of the people of this state and its
visitors." C.R.S. §38- 30.5 -102 provides for the creation of conservation
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easements to maintain land "in a natural, scenic, or open condition, or for
wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest
or other use or condition consistent with the protection of open land ..."
The State of Colorado also has provided incentive for Colorado
landowners to protect their land with conservation easements created pursuant
to C.R.S. § §38- 30.5 -101 et seq. and §170(h) of the IRC with the enactment of
the Conservation Easement Credit Against Income Taxes, C.R.S. §39 -22 -522,
which provides a transferable tax credit for qualifying grants of conservation
easements in gross.
The Colorado Department of Agriculture Statutes, C.R.S. § §35 -1 -101 et
seq., provide in part that "it is the declared policy of the State of Colorado to
conserve, protect, and encourage the development and improvement of its
agricultural land for the production of food and other agricultural products."
The Property contains significant sagebrush habitat and its conservation is
therefore promoted by the Colorado Division of Wildlife, which lists
sagebrush as a Key Habitat and Priority Action Area in its 2006
Comprehensive Wildlife Conservation Strategy and Wildlife Action Plans.
The voters of the State of Colorado by adoption of Article XXVII to the
Constitution of the State of Colorado, the legislature of the State of Colorado
by adoption of enabling legislation, and the Board, by adopting and
administering competitive grants application and rigorous due diligence
review processes, have established that it is the policy of the State of Colorado
and its people to preserve, protect, enhance and manage the state's wildlife,
park, river, trail and open space heritage, to protect critical wildlife habitats
through the acquisition of lands, leases or easements, and to acquire and
manage unique open space and natural areas of statewide significance.
o Significant Public Benefit. The Property is located in a rural, agricultural,
mountainous area of Pitkin County, where there has been a trend of intense
development in the vicinity of the Property. The Property provides a buffer
between the City of Aspen, one air mile to the southeast, and the Town of
Snowmass Village, immediately to the south, along Highway 82, the main,
heavily travelled route to Aspen, and along Owl Creek Road, a scenic secondary
route from Aspen to Snowmass Village. Given the Property's native habitat
features and value as an elk migration corridor and critical open space, any
development of the Property would contribute to fragmentation and Loss of habitat
and potentially to the degradation of the scenic and natural character of the area.
This Easement will provide the general public an opportunity to enjoy
recreational access to the Property, and to continue to enjoy its scenic views from
major travel corridors.
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In addition, conservation of the Property will increase the amount of
conserved land in the Brush Creek Area, an area currently identified by the Trust,
the City of Aspen, the Town of Snowmass Village and Pitkin County as a high
priority for protection. The Property is adjacent to over 1,660 acres of conserved
land on the Seven Star Open Space properties, Cozy Point South, Cozy Point
Ranch, Hidden Valley, and North Mesa conserved public lands and Seven Star
and Brush Creek Ranch Lot 10 conservation easements.
• Recreation or Education [§ 1.170A- 14(d)(2)]. The Property will be made widely available
to the general public for non - motorized seasonal recreational use along designated trails
and potentially for occasional educational programs for the benefit of the public.
Anticipated trails will enhance the existing recreational trail networks of Pitkin County,
the City of Aspen, and the Town of Snowmass Village by providing links between these
trail networks. Recreational opportunities on the Property will also include much needed
equestrian trails for public use accessible from nearby equestrian facilities.
WHEREAS, Grantor recognizes that the conservation goals accomplished by Grantor's
acquisition of the Property and protected through this Easement were advanced by prior
significant contributions made by the Town of Snowmass Village and Pitkin County in the
purchase of the 1996 -7 Conservation Easement and the 1999 Conservation Easement;
WHEREAS, Grantor intends to convey to the Trust the right to preserve and protect the
Conservation Values in perpetuity and the Trust agrees by accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation
Values;
WHEREAS, the Trust is a charitable organization as described in IRC §501(c)(3), and is
a publicly- supported organization as described in IRC §170(b)(1)(A) whose primary purpose is
to permanently preserve and protect the natural, scenic, agricultural, historical, and open space
resources of the greater Roaring Fork and Colorado River Valleys, and who is a "qualified
organization" to do so within the meaning of IRC §170(h)(3), possessing the resources and
commitment to protect and defend the conservation purposes of this grant;
WHEREAS, the Trust also meets requirements of Colorado law as a qualified recipient
for a conservation easement under C.R.S. §38- 30.5 -104, and is certified to hold conservation
easements for which a state tax credit is claimed by the State of Colorado's Division of Real
Estate as outlined in C.R.S. §12 -61 -720, and in Rule A -1 of the Code of Colorado Regulations,
Qualifications for Certification to Hold Conservation Easements, (4 CCR 725 -4, Rule A -1), for
the current term extending from January 1, 2011 to December 31, 2011. Additionally, the Trust
is accredited by the Land Trust Accreditation Commission at this time; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept conservation easements on behalf of
the Trust.
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AGREEMENT
NOW, THEREFORE, in consideration of the matters above, the mutual covenants,
terms, conditions and restrictions contained herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. GRANT
Grantor hereby voluntarily and irrevocably grants and conveys to the Trust this perpetual
Conservation Easement in gross ( "Easement ") over and across the Property pursuant to C.R.S.
§ §38- 30.5 -101 et seq., through the terms mutually agreed to in this Easement, and to hold said
Easement unto the Trust and its successors and assigns forever. Grantor agrees that the donation
of the Easement gives rise to a property right, immediately vested in the Trust, which shall
constitute a binding servitude upon the Property and shall be subject to prior reservations,
easements, encumbrances and exceptions of record, except as otherwise set forth herein.
2. PURPOSES
Pursuant to the terms of C.R.S. § §38- 30.5 -101 et seq., the purposes of the Easement are
to assure that the Property will remain forever predominantly in its scenic, natural and open
space condition, subject to the uses of the Property permitted hereunder, including agricultural
and limited public recreational use, to protect and preserve the Conservation Values in
perpetuity, to prevent any use of the Property that is inconsistent with the preservation and
protection of the Conservation Values and, in the event of their degradation or destruction, to
require restoration of such Conservation Values (collectively, the "Purposes ").
3. INTENT
Subject to the express prohibitions described herein, the Parties' intent is to permit all
uses of the Property that are consistent with the Purposes of the Easement (defined above) as
determined by the Trust in its reasonable discretion as described more specifically in Section 12.
Nothing in this Easement is intended to compel a specific use of the Property other than the
preservation and protection of the Conservation Values.
4. BASELINE DOCUMENTATION
The Parties acknowledge that a Baseline Documentation Report of the Conservation
Values and relevant features of the Property was prepared on June 10, 2011 by Colorado
Wildlife Science, LLC, a company familiar with conservation easements, the Property, and the
environs, which documents the Property's condition as of the conveyance date of this easement
( "Baseline Report "). A copy of the Baseline Report shall be kept on file with both Parties and
by this reference made a part hereof. The Parties acknowledge that the Baseline Report is
intended to establish the condition of the Property as of the conveyance date of this Easement,
and both Parties have acknowledged the same in a signed statement, a copy of which is attached
hereto as Exhibit E. The Parties further agree that the existence of the Baseline Report shall in
v7a 071811 8
no way limit the Parties' ability to use other pertinent information in resolving any controversy
that may arise with respect to the condition of the Property as of the conveyance date of this
Easement.
5. MANAGEMENT PLAN
Grantor shall work with the City and the Town to prepare a management plan for the Property,
which shall set forth management objectives and a comprehensive and detailed plan for the long-
term management of Property in support of the Purposes of this Easement and subject to the
terms of this Easement, including development and management of limited recreational
resources for the public, management of agricultural operations, and protection and management
of natural resources, including but limited to riparian areas and big game migration corridors and
winter range ( "Management Plan "). The Management Plan shall be prepared by qualified
individuals and then reviewed and approved by the Trust as being consistent with the provisions
of this Easement prior to its formal adoption on or around December 2011. A copy of the
Management Plan shall be kept on file at the offices of the Trust, and shall be provided to the
City, the Town and the Board. The Management Plan may be periodically amended or updated
as agreed to among the Trust, the County, the Town and the City. The Management Plan may be
periodically amended or updated as agreed to among the Trust, the County, the Town and the
City. The Trust's approval of the Management Plan, and any amendments or updates thereto,
shall be granted or withheld based upon the consistency with the Purposes and terms of this
Easement, and with the terms of any grant agreements by which funds to purchase this Easement
were secured, as determined in the reasonable discretion of the Trust. If Grantor disagrees with
the Trust's determination, it may appeal through the mediation process described in 13.1 herein,
or using other remedies, providing however that such appeal shall be limited solely to and shall
address only the merits of the Plan's consistency with Purpose and terms of the Easement and
grant agreements. Grantor agrees to abide by the terms of the Management Plan and to enforce
the provisions of the Management Plan against third parties.
6. RIGHTS OF THE TRUST
To fulfill the Purposes of this Easement, Grantor hereby conveys to the Trust a property
right in the form of this Easement, which immediately vests with the Trust (as stipulated agreed
in Section 1 and in Section 15.3 herein), consisting of the following affirmative rights:
6.1. All development rights deriving from the Property in any way ( "Trust's
Development Rights "), except those expressly reserved by Grantor in Section 8 of this
Easement. The Parties agree that Trust's Development Rights shall be held by the Trust
in perpetuity in order to fulfill the Purposes of this Easement, and to ensure that such
rights are forever released and terminated as to Grantor;
6.2. The right to preserve and protect the Conservation Values in perpetuity;
6.3. The right to enter upon the Property at least annually at reasonable times agreed to
mutually by Grantor and the Trust to inspect the Property thoroughly, to monitor
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Grantor's compliance with, and otherwise enforce the terms of this Easement; provided
that such entry shall not unreasonably interfere with Grantor's use and quiet enjoyment of
the Property, with the exception that no such notice shall be required in the event the
Trust reasonably believes that immediate entry upon the Property is essential to prevent
or mitigate a violation of the Easement;
6.4. The right to prevent or enjoin Grantor or third parties (whether or not invitees of
Grantor) from engaging in any activity or use of the Property that is inconsistent with the
Purposes of the Easement; and the right to require Grantor or third parties, as may be
responsible, to restore such areas or features of the Property that are damaged by any
inconsistent activity or use, subject to the qualifications of Section 14.5 herein;
6.5. The right to receive notification from and join Grantor as a party to any
condemnation or eminent domain proceedings affecting the Property (as described in
Section 15), or to any leases, surface use agreements, damage agreements or rights -of-
way that may be proposed, granted or required hereafter as a result of mineral
development affecting the Property (as described in Section 8.2.G); and
6.6. Any other rights that the Parties may approve consistent with the Purposes of the
Easement, including adding additional purposes or defining additional Conservation
Values.
7. RIGHTS OF GRANTOR
Except as limited by this Easement, Grantor reserves to itself and to its personal
representatives, heirs, successors, and assigns, all rights and obligations accruing from its
ownership of the Property, including the right to engage in activities and uses of the Property not
prohibited herein and that are consistent with the Purposes of the Easement, pursuant to IRC
§170(h)(4) and C.R.S. §38- 30.5 -102.
8. PROHIBITED AND PERMITTED USES
The following uses and practices by Grantor, though not an exhaustive recital, are either
prohibited or permitted by this Easement. Certain of these uses, where indicated, require notice
to or approval from the Trust, or both, according to Sections 11 and 12. Trust's prior notice and
approval is required for uses not expressly described herein when there is a question as to
consistency with the Purposes of this Easement.
8.1. Buildings and Improvements. The construction or placement of any
improvements (defined as permanent or temporary buildings, structures, mobile homes or
other physical, human- introduced development of or on the Property, including
landscaping, fences, roads, septic systems, utilities, etc.) is prohibited on the Property,
except as follows:
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A. Agricultural Structures. Grantor retains the right to construct, replace, enlarge,
relocate and maintain minor structures (as defined below) for agricultural purposes
(such as hay sheds, loafing sheds or water tanks) not to exceed a total covered ground
area of 6,000 square feet and in a location approved by the Trust. Minor structures are
defined as being unenclosed (i.e., possessing three or fewer walls), and not having
excavated, raised or slab foundations. No covered agricultural structures shall be
constructed in the wetlands, riparian areas, or upland hills of the Property, the
preservation of which is important to achieve the Purpose of this Easement;
B. Recreational Structures. Low - impact (as defined in Section 22.1 herein)
structures, including benches, picnic tables, open -sided shade or rain shelters, public
restrooms or port-a -pots, and interpretive signage for public use, enjoyment or
education are permitted on the Property in a location and manner consistent with the
Purposes of the Easement (i.e., at least 100 feet from riparian areas or wetlands and
not on ridgelines visible from public rights -of -way);
C. Fencing. Grantor may maintain, repair, and replace existing fences and erect new
fences on the Property, provided such new or replaced fencing is consistent with then -
current Colorado Division of Wildlife ( "CDOW ") guidelines for fencing in a wildlife
migration area so as to permit the movement of wildlife across the Property, and is
consistent with the Purposes of this Easement.
Grantor reserves the right to construct, expand, repair, replace, and maintain
temporary or permanent corrals, livestock holding pens and other enclosures for
permitted agricultural uses that do not meet the above CDOW guidelines, provided all
such enclosures do not exceed a total ground disturbance footprint of two (2) acres
and are located in the existing pasture areas of the Property.
Privacy fencing and the planting of trees or other vegetation along Property
boundaries in a manner that detrimentally affects the general public's visual access to
and across the Property is prohibited;
D. Roads. Grantor may maintain, grade and gravel existing ranch and access roads
and construct one new access road as shown on Exhibit C or in an alternate location
mutually agreed on by the Parties, provided such roads are not widened or surfaced
with impermeable materials. No roads shall be through -roads or open to the public
for motorized recreation or transport. The construction of or granting of easements or
rights -of -way for additional new roads is prohibited;
E. Trails. Grantor reserves the right to develop natural- surfaced recreational trails
not to exceed 10 feet in width for non - motorized public use, which use Grantor may
restrict as provided in Section 9. Grantor also reserves the right to replace, repair,
maintain, improve, widen or relocate the existing paved Brush Creek Trail;
v7a 071811 11
F. Utilities, Irrigation Structures, and Other Technology. The installation of, or
granting of easements and rights -of -way for utilities and related infrastructure is
prohibited, except as permitted by easements or rights -of -way existing at the time of
this grant, or as follows:
a. Buried utility lines and pipelines may be located within existing pasture areas
or along roadways;
b. The installation, maintenance and improvement of stock ponds and irrigation
ditches, pipelines, structures and related equipment for agricultural purposes or
the enhancement of wildlife habitat is permitted in compliance with all applicable
regulations, and in accordance with Section 8.2.H, Water Resources, and 8.2.I,
Water Rights. Construction of ponds or water features for other purposes requires
prior approval of the Trust. Soil, sand, rock and gravel produced during the
excavation or construction of permitted ditches or ponds may be used or relocated
on the Property in a manner consistent with the Purposes of this Easement;
c. Low - impact (as defined in Section 22.1) wind, solar and micro -hydro powered
generators are permitted in connection with approved uses of the. The
construction of commercial wind, solar and other energy generation facilities is
prohibited (including commercial wind farms).
Grantor shall promptly reseed and restore any surface impacts that result from the
installation or maintenance of any above - described improvements to as close to the
Property's original condition as possible within three months, season permitting, or as
otherwise approved by the Trust.
8.2. Resource Management. Grantor recognizes the importance of good resource
management and stewardship to preserve and protect the Conservation Values.
Accordingly, Grantor agrees not to alter the topography of the Property through
placement or removal of soil, gravel, land fill, or other materials nor to impair the
relatively natural habitat for native plants, wildlife, or ecosystems on the Property,
except: (a) as necessary in emergencies; (b) as required by permitting agencies for
habitat enhancement or restoration purposes; (c) as necessary for improvements described
in Section 8.1 above; or (d) as necessary for the following uses:
A. Agriculture. Grantor retains the right to conduct agricultural operations on the
Property, and to lease lands with appurtenant Water Rights for agriculture, in a
manner consistent with sound farming and range management practices so as not to
cause significant soil erosion or low soil quality as then - determined by the Natural
Resources Conservation Service or its successor organization ( "NRCS "). Permitted
agricultural operations include grazing and raising of horses and livestock,
maintenance of existing pasturelands, cultivation and raising of crops, and all other
agricultural activities not inconsistent with protection of the long -term ecological
viability of the land.
v7a 071811 12
The following agricultural practices are considered inconsistent with the Purposes
of this Easement, and are therefore prohibited on the Property: (1) commercial feed
lots, defined as confined areas or facilities within which the Property is not grazed or
cropped annually for purposes of extended feeding and finishing of large numbers of
livestock for commercial reception and feeding of livestock, and other intensive
growth livestock farms, such as dairy, swine, or poultry farms; (2) clearing or
conversion of native rangeland or habitat to create new pastures; (3) Tree farms, sod
farms, nurseries, fish hatcheries or aquaculture; (4) Commercial equestrian boarding.
If agricultural operations on the Property cease in the future, Grantor agrees to
reseed heavily disturbed areas and take other measures necessary to establish native
or non - invasive ground cover to prevent the spread of noxious weeds. The Parties
agree that agricultural operations may resume at any time thereafter;
B. Vehicle Use. On and off -road use of motor vehicles is permitted as necessary for
property maintenance, agriculture and range management in a manner that does not
result in erosion, harassment of wildlife, or damage to the natural ecosystems or
scenic values of the Property. Recreational or public use of motor vehicles is
prohibited on the Property. Off road vehicle courses for snowmobiles, all- terrain
vehicles, motorcycles, or other motorized vehicles are prohibited;
C. Hunting and Fishing. Hunting, fishing and the leasing of hunting rights on the
Property may be permitted or prohibited at Grantor's discretion and according to
Colorado Division of Wildlife and other applicable regulations;
D. Trash. Grantor shall not dump or permanently accumulate trash, garbage, or other
refuse on the Property, except for agricultural by- products and compostable matter
produced or used on the Property, and except in established trash receptacles for
waste disposal associated with public recreational visits;
E. Forest and Vegetation Management. Selective cutting, thinning (see definitions in
Section 22.1) and burning of trees and vegetation on the Property is permitted to
control fire danger, insects, disease and weeds; to prevent personal injury and
property damage; for construction of permitted fences, trails, roads or structures; or to
maintain the health of the wildlife habitat or ecosystem. Clear cutting or any
management activities performed for commercial purposes, or with the potential to
damage riparian areas, contribute to erosion, or negatively impact the scenic of
wildlife Conservation Values of the Property are prohibited. The Trust may require
that any such activities follow the Management Plan, or if not addressed specifically
in the Management Plan, by a supplemental plan prepared by a qualified expert
satisfactory to the Trust.
F. Weed Control. Grantor agrees to control noxious weeds and invasive plant
species on the Property in accordance with the Colorado Noxious Weed Act, C.R.S.
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§§ 35 -5.5 -101 et seq. as amended, and other applicable laws, and shall not
intentionally introduce noxious weeds or invasive species to the Property;
G. Minerals. In accordance with IRC §170(h) and §1.170A -14(g) of the Treasury
Regulations, exploration for, extraction or removal of any mineral resource (which
may include, but is not limited to, sand, gravel, rock, soil, peat, coal, uranium, oil, oil
shale, natural gas or other hydrocarbons) by any surface mining method or any other
method in a manner inconsistent with the Purposes of this Easement is prohibited.
Because Grantor does not own the mineral rights associated with the Property, a
mineral remoteness letter, on file with the Trust, was prepared by Rare Earth Science,
LLC on January 26, 2011 finding that the likelihood of surface mining on the
Property is so remote as to be negligible, in compliance with IRC § 170(h) and Treas.
Reg. §1.170A- 14(g). In order to satisfy the intent of this paragraph, any future
mineral development on the Property shall occur as follows:
a. Trust's Participation in Future Mineral Agreements. Grantor shall notice the
Trust prior to entering into any mineral leases, surface use agreements, non
surface use agreements, damage agreements, rights -of -way or other easements
(collectively "mineral agreements ") related to mineral development on the
Property that may be required by a third party interest - holder in mineral rights
underlying the Property. The Trust shall have the same legal rights as Grantor to
review and participate in negotiations for proposed mineral agreements in order to
direct the development of mineral resources to occur by those methods having no
more than limited, localized, temporary and reclaimable impacts on the Property,
which impacts must not be irremediably destructive of the Conservation Values
(in accordance with IRC §170(h) and Treas. Reg. §1.170A- 14(g)). The Trust's
participation is not intended to deny any third party's ultimate right to develop
minerals underlying the Property, and the Trust shall claim no rights to proceeds
or royalties from such development. Grantor shall retain sole execution authority
for all mineral agreements. Any mineral agreements entered into after this date
shall, at a minimum, include the following:
1) Reference to this Easement and summary of the Conservation Values;
2) Acknowledgement that the agreement is subordinate and subject to the
terms of this Easement to the degree legally possible;
3) Only the minimum structures, infrastructure, and other disturbance or
impacts to the Property shall be permitted as reasonably necessary to
mineral development; non - surface occupancy methods of mineral
development are preferred;
4) All impacted sites associated with mineral development shall be
recontoured and revegetated, and any damage to the Property or its
Conservation Values restored, to as close to the Property's original state as
possible upon completion of active drilling or mineral development
v7a 071811 14
operations; any structures required to remain upon the Property for more
than one year shall be concealed from public view and constructed and
maintained in a manner not damaging to the Conservation Values.
b. Current Oil and Gas Leases. There are no oil and gas or other mineral leases
on or affecting the Property at this time.
H. Water Resources. Grantor shall not, divert, dam, pollute, drain, dredge, or
otherwise alter Brush Creek or other naturally- occurring streams, springs, lakes,
ponds, designated wetlands or other surface or subsurface water features on the
Property in a manner that degrades or destabilizes their natural banks or shorelines.
Grantor may expand or create wetlands along Brush Creek in accordance with all
applicable regulations and the following paragraph, or construct and maintain ponds
and irrigation infrastructure in accordance with Section 8.1.F(b).
I. Water Rights. The following water rights are included with this grant and
burdened by this encumbrance:
a. Water Rights Included. Grantor agrees to include all water rights beneficially
used on the Property in this Easement pursuant to C.R.S. §38- 30.5 -102 (the
"Water Rights "). The Water Rights consist of all of Grantor's rights, title, and
interests in and to the water and water rights described in Exhibit D, together
with all associated canals, ditches, laterals, head gates, springs, wells, ponds,
reservoirs, water shares and stock certificates, water allotments, contracts, units,
permits, easements and rights of way, and irrigation equipment;
b. Permitted Water Uses. Grantor shall have the right to continue recent historic
use of the Water Rights on the Property for irrigation, agricultural purposes, and
protection and preservation of the Conservation Values;
c. Restrictions on Water Rights. The Water Rights may not: (1) be changed to
or used for municipal, industrial, or commercial uses or any other new uses; (2) be
changed for use other than on the Property; (3) be sold or legally separated from
the Property; or (4) be changed via a change in point of diversion, quantity, or
type or place of use, except upon receipt of the Trust's written determination that
such changes are consistent with the Purposes of this Easement;
d. Protection of Water Rights. If Grantor fails to continue the recent historical
use of the Water Rights on the Property in such a way that the Water Rights
should become subject to a threat of abandonment, by action or inaction, Grantor
shall provide the Trust a copy of any written notice received from any state water
official concerning the use, or possible abandonment, of the Water Rights. If the
Trust discovers that the Water Rights are subject to a threat of abandonment, the
Trust shall give Grantor written notice of such threat. If, and only if, Grantor fails
to cure the threat of abandonment within 90 days of receiving such notice from
v7a 071811 15
the Trust or state, the Trust shall, in addition to any other remedies available to
the Trust under this Easement or law, have the right, but not the obligation, to: (1)
enter upon the Property and undertake any and all actions reasonably necessary to
continue the historical use of the Water Rights; (2) seek removal of the Water
Rights from the decennial abandonment list; (3) seek to change the Water Rights
to another use consistent with the Purposes of this Easement; and (4) sell, lease or
otherwise convey all or part of such Water Rights to the Colorado Water
Conservation Board or other then - qualified entity for the specific conservation
purpose of protecting or enhancing instream flows or water levels in streams,
rivers, lakes and/or reservoirs. Grantor agrees to cooperate in any manner
necessary to accomplish the Trust's election, which may include authorizing the
Trust to file for and obtain any administrative or judicial approvals;
e. Effect of Loss. No loss of Water Rights through injury or abandonment, or
conversion of the Water Rights as set forth above, shall be considered a severance
of the title to the Water Rights from the Property or as basis for extinguishment of
this Easement;
f Temporary Instream Flow Use of Water Rights. The Parties recognize that
certain environmental conditions, such as drought may pose a greater threat to the
environmental quality and ecological diversity of streams, rivers, lakes and
reservoirs than to the Conservation Values. The Parties therefore agree that
Grantor may enter into water leases, contracts, emergency water loans, or similar
agreements with the Colorado Water Conservation Board or other qualified entity
for conservation purposes to temporarily increase instream flows and/or water
levels in streams, rivers, lakes, and/or reservoirs, provided that: (1) the Trust has
given its approval to such arrangements; and (2) the Water Rights shall not be
used for such uses more than three out of every ten years without a written
determination by the Trust that such use would not jeopardize the long -term
protection of the Conservation Values.
8.3. Other Restricted Uses and Practices.
A. Subdivision and Ownership. Grantor may not divide or subdivide (including de
facto subdivision) the Property into more than one parcel of land. At all times the
Property shall be owned as a single parcel subject to this Easement. Ownership of the
single parcel by joint tenancy or tenancy in common is permitted; however, actions to
partition or condominiumize the Property are prohibited;
B. Commercial and Industrial Activities. Grantor shall not conduct industrial activity
on the Property, and may only conduct commercial activity in a manner consistent
with the terms and Purposes of this Easement;
v7a 071811 16
C. Recreation. Non- motorized recreational uses for the public such as hiking,
horseback riding, mountain biking, cross - country skiing, and hunting are permitted on
the Property in a manner consistent with Sections 8.1.B and 8.1.E above.
9. PUBLIC ACCESS
The general public shall have access to the Property in accordance with Section 8.1.E,
Trails, and 8.3.C, Recreation, subject to any restrictions or regulations imposed by the Grantor as
necessary and appropriate to protect public health and safety (including closures during
construction, maintenance, or for emergency or administrative purposes), and to protect the
Property's scenic and natural Conservation Values (including seasonal closures to protect big
game migration corridors and winter range). Grantor must ensure that any public access is
consistent with Colorado's recreational use statute C.R.S. § 33- 41101 et seq. and provides
indemnity to the Trust for the public's access to and use of the Property.
10. REPRESENTATIONS AND WARRANTIES
Grantor represents and warrants that, after reasonable investigation and to the best of its
knowledge:
10.1. Except for fuels customarily used or transported in connection with agricultural
and construction activities; no substance defined, listed, or otherwise classified pursuant
to any federal, state, or local law or regulation as hazardous, toxic, polluting, or otherwise
or threatening to human health or the environment exists or has been used or released on
the Property;
10.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in
compliance with applicable laws and regulations;
10.3. Grantor and the Property are in compliance with all federal, state, and local laws
and regulations applicable to the Property and there is no existing, pending or threatened
litigation affecting or relating to the Property;
10.4. Grantor has good and sufficient title to the Property and has lawful authority to
grant and convey the Easement, that any mortgages or liens on the Property are
subordinate to the terms of this Easement, and that Grantor shall warrant and forever
defend the title to the Easement against all and every person or persons lawfully claiming
by, through or under Grantor, the whole or any part thereof, except for rights -of -way,
easements, restrictions, covenants and mineral reservations of record.
11. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS
The purpose of requiring Grantor to notify the Trust before undertaking certain activities
and uses of the Property, as identified in Section 8 or elsewhere, is to afford the Trust an
v7a 071811 17
opportunity to update its records and, if approval is required, to ensure that the activities in
question are consistent with the terms and Purposes of this Easement. Grantor shall notice Trust
and seek its approval, according to Section 12 below, for proposed activities or uses when there
is a question as to consistency with the terms or Purposes of the Easement or protection of the
Conservation Values. Whenever notice and the Trust's approval are required, Grantor shall
notify the Trust in writing not less than 60 days prior to the date Grantor intends to undertake the
activity in question, and describe the nature, scope, design, location, timetable, and any other
material aspect of the proposed activity in sufficient detail to permit the Trust to make an
informed judgment as to the activity's consistency with the terms and Purposes of this Easement.
Whenever notice is required without the Trust's approval, Grantor shall notify the Trust in
writing not less than 30 days in advance of the proposed activity, unless this Easement provides
otherwise.
12. THE TRUST'S APPROVAL
Whenever this Easement requires that Grantor obtain the Trust's approval for any activity
or use of the Property, or if Grantor desires approval for any activity or use not clearly consistent
with the terms or Purposes of the Easement, such approval shall be given in the Trust's
reasonable discretion if the Trust determines that such activity will not damage the Conservation
Values, the burden of proof for which lies with the Grantor. The Parties agree that the Trust may
withhold its approval if it reasonably determines that the proposal is inconsistent with the terms
or Purposes of this Easement or lacks sufficient information to allow the Trust to reach an
informed decision. The Trust may condition its approval on the Grantor's acceptance of
modifications, which would, in the Trust's reasonable judgment, make the proposed activity
consistent with the Easement or otherwise meet any concerns. The Trust shall set forth its
determination, and the reason(s) for the determination, in writing to Grantor within 30 days of
receipt of Grantor's written notice and request for approval (as described in Section 11, above).
If Grantor disagrees with the Trust's judgment, decision, or determination, it may appeal through
the mediation process described in 13.1 below, or using other remedies, provided however that
such appeal shall be limited solely to and shall address only the merits of the request or
conditional approval in the context of consistency with the Easement, its terms or Purposes.
13. TRUST'S REMEDIES: ENFORCEMENT
The Trust shall have the right to prevent and correct or require correction of violations of
this Easement. The Trust accepts no responsibility to monitor for or enforce violations of local,
state or federal laws, codes, or regulations, or third party contracts affecting the Property now or
in the future, by third parties or the public, except to the degree that any such violations may
damage the Conservation Values, or be otherwise inconsistent with the Purposes or terms of this
Easement, in which case, the Trust may elect to enforce, pursuant to Section 14.5.
If the Trust finds what it believes is a violation, or a threat of a violation of this Easement,
the Trust shall notify Grantor, the Board, the Town and the City of the nature of the alleged
violation. Upon receipt of this notice, Grantor shall inunediately discontinue any activity that
could increase or expand the alleged violation and shall either: (a) restore the Property within 60
v7a 071811 18
days as is best possible to its condition prior to the violation, or if immediate restoration is not
possible, Grantor shall submit a restoration plan to the Trust (with a copy to the Board, the Town
and the City) within 60 days; or (b) provide a written explanation to the Trust (with a copy to the
Board, the Town and the City) of the reason why the alleged violation should be permitted. If the
Trust is not satisfied with Grantor's written explanation or restoration actions, the Parties agree
to meet as soon as possible to resolve their difference. If a resolution cannot be achieved at the
meeting, the Parties agree to attempt to resolve the dispute pursuant to Section 13.1, below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation, or if the Trust believes an ongoing, imminent, or
threatened activity violates the Easement, the Trust may take immediate legal action to stop the
activity without prior notice to Grantor, without waiting for the period provided for cure to
expire, and without waiting for the 60 -day mediation period to expire. The Trust may bring an
action at law or in equity, ex parte as necessary, in a court of jurisdiction to enforce the terms of
this Easement and to enjoin a violation by temporary or permanent injunction, which may
require restoration of the Property to the condition that existed prior to the violation. The Trust's
remedies described here shall be in addition to all remedies now or hereafter existing at law or in
equity, and shall include, without limitation, the right to recover damages for violation of the
terms of this Easement or injury to the Conservation Values, including damages for the loss of
scenic, aesthetic, or environmental values. The Trust, may apply any damages recovered to the
cost of undertaking restorative, remedial or corrective action on the Property without limiting
Grantor's liability for such damages or corrective action.
Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and
any forbearance by the Trust to exercise its rights under this Easement shall not be construed to
be a waiver by the Trust of its rights, or of any term(s) of the Easement, including any
subsequent breach of the same or other term(s) of this Easement. No delay or omission by the
Trust in the exercise of any right or remedy shall impair such right or remedy or be construed as
a waiver. The failure of the Trust to discover a violation or to take immediate legal action shall
not bar the Trust from doing so in the future.
In order to protect the public investment in this Easement, the Town and the City (the
"back -up enforcement parties ") each are granted the individual right as a back -up enforcer to join
the Trust at the Trust's request in enforcing the terms of this Easement or the terms of the
Management Plan, or to pursue enforcement of this Easement or Management Plan without the
participation of the Trust in the event Trust declines enforcement in accordance with this Section
13, and invites the Town and the City to enforce in its stead. In addition, should the Trust fail to
monitor the Property annually as required by this Easement, the Town or the City or both may
elect to assume monitoring responsibilities for that calendar year. The Town and the City may
only exercise these back -up rights of enforcement after receiving such invitation from the Trust,
and thereafter providing thirty (30) days' notice to Grantor, the Trust, the Town, the Board and
the City of the alleged violation and the steps being taken to correct the alleged violation. The
back -up enforcing parties shall use good faith efforts to implement a course of action agreeable
to the Trust and both back -up enforcing parties, provided, however, in the event the back -up
enforcing parties are unable to reach agreement on such actions, either back -up party may, acting
v7a 071811 19
individually after receipt of invitation to participate from the Trust, undertake such back -up
enforcement action without any right to contribution from the other back -up enforcing party.
All reasonable costs incurred by the Trust in enforcing the terms of this Easement,
including, without limitation, costs of pursuing legal action and reasonable attomey's fees, and
costs of restoration necessitated by Grantor's violation of the terms of this Easement, shall be
borne by Grantor, unless a court finds that the Trust acted in bad faith in seeking enforcement, in
which case, the Trust shall pay Grantor's court- awarded costs and attorney fees.
13.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed activity with the terms of this Easement, and Grantor agrees not to proceed
with the activity pending resolution of the dispute, either Party may refer the dispute to
mediation by written request to the other. Within 10 days of the receipt of such request,
the Parties shall select a trained and impartial mediator, preferably with experience in real
property law and land conservation. If the Parties are unable to agree on a mediator, or no
such experienced mediator is available, then the Parties shall each select a qualified
mediator and those two mediators shall select a mediator who shall alone mediate the
dispute. The Board shall in no event be required to participate in any mediation.
Mediation shall then proceed in accordance with the following guidelines:
A. Purpose. The purpose of the mediation is to: (a) promote discussion between the
Parties; (b) help the Parties develop and exchange information conceming the issues
in dispute; and (c) help the Parties develop proposals that will enable them to arrive at
a mutually acceptable resolution. The mediation is not intended to result in or be
interpreted as resulting in any modification or amendment of the terms, conditions, or
restrictions of this Easement;
B. Participation. The mediator may meet with the Parties and their counsel jointly or
ex parte. The Parties agree that they will participate in the mediation process in good
faith and expeditiously, except in cases where the Trust believes that there is ongoing
damage to Conservation Values, in which case the Trust can suspend its involvement
in the mediation to remedy this threat of ongoing violation. Representatives of the
Parties with settlement authority will attend mediation sessions as required by the
mediator;
C. Confidentiality. All information presented to the mediator shall be confidential
and may be disclosed by the mediator only with the consent of the Parties or their
respective counsel. The mediator shall not be subject to subpoena by any Party in any
subsequent litigation;
D. Time Period. Neither Party shall be obligated to continue the mediation process
beyond a period of 60 days from the date of the initial meeting with the mediator, or
if the mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution. The Parties shall each bear
50% of the mediator's fees.
v7a 071811 20
14. COSTS, LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
14.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities
and obligations and shall bear all costs and liabilities related to the ownership, operation,
and maintenance of the Property, including the payment of property and other taxes
related to the Property, and maintenance of liability insurance coverage. Grantor shall
make best efforts to keep the Property free of any liens arising out of any work performed
for, materials furnished to, or obligations incurred by Grantor. Nothing in this Easement
shall be interpreted as prohibiting Grantor from obtaining loans secured by deeds of trust
encumbering the Property, provided any such deeds of trust are subordinate to this
Easement;
14.2. Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability of the Trust to exercise physical or
managerial control over the day -to -day operations of the Property, or over any of
Grantor's activities on the Property, or otherwise to become an operator with respect to
the Property within the meaning of The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended ( "CERCLA "), and any Colorado
state law counterpart;
14.3. Hold Harmless. The Grantor agrees to use its best efforts to hold the Trust and
the Board harmless from liability arising from or in any way connected with: (1) injury to
or the death of any person, or physical damage to any property, resulting from any act,
omission, condition, or other matter related to or occurring on or about the Property,
regardless of cause, except to the extent due to the negligence of the Trust or any of its
agents; (2) the obligations specified in Paragraph 14.1 herein; and (3) the presence or
release of hazardous or toxic substances on, under or about the Property, subject to the
current constraints or limitations of Colo. Const. Art. XI, Section 1, as amended from
time to time, which constraints or limitations the County believes currently prohibit it
from adopting a strict obligation to hold harmless the Trust. Nothing contained herein
waives or is intended to waive any protections that may be applicable to the Grantor
under the Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., or any other
rights, protections, immunities, defenses or limitations on liability provided by law, and
subject to any applicable provisions of the Colorado Constitution and applicable laws.
Grantor further agrees to add the Trust as an additional named insured on its
comprehensive general liability insurance policy. Such insurance shall be carried in
amounts not less than the liability limits specified in C.R.S. Section 24- 10- 114(1), as it
may be amended from time to time, and shall provide the Trust with thirty (30) days
advance written notice prior to cancellation or termination. Grantor shall, upon written
request therefore from the Trust or any successor or assign, provide a Certificate of
Insurance as verification of compliance with these requirements.
Without limiting the foregoing, nothing in this Easement shall be construed as
giving rise to any right or ability in the Trust or the Board, nor shall the Trust or the
v7a 071811 21
Board have any right or ability, to exercise physical or managerial control over the day -
to -day operations of the Property, or otherwise to become an operator with respect to the
Property within the meaning of The Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended.
14.4. Waiver of Certain Defenses. Grantor hereby waives any defense of laches,
estoppel, or prescription, including the one year statute of limitations for commencing an
action to enforce the terms of a building restriction or to compel the removal of any
building or improvement because of the violation of the same under C.R.S. § 38 -41 -119,
et seq.
14.5. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle the Trust to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control or from any
prudent action taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property. Notwithstanding the foregoing, Grantor shall
be responsible for preventing, monitoring, and enforcing activities by third parties,
including the public, on or affecting the Property that may violate the terms of this
Easement. The Trust retains the right to enforce the terms of this Easement against third
parties for violations of the Easement or damage to the Property.
15. EXTINGUISHMENT AND CONDEMNATION
15.1. Extinguishment. The Parties agree that any changes in the economic viability of
the uses permitted or prohibited by this Easement, or changes to neighboring land and its
use shall not be deemed circumstances or conditions justifying the termination or
extinguishment of the Easement. In addition, the inability of Grantor, or Grantor's heirs,
successors or assigns, to implement any or all of the uses permitted under this Easement
shall not impair the validity of the Easement, or be considered grounds for termination or
extinguishment of this Easement.
If circumstances arise in the future that render the Purposes of this Easement
impossible to accomplish, the Easement can only be terminated or extinguished, in whole
or in part, by judicial proceedings after a court of competent jurisdiction has explored all
options for importing other Purposes for the Easement pursuant to the cy pres doctrine.
Each Party shall promptly notify the other and the Board when it first learns of such
circumstances. The amount of the proceeds to which the Trust shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Property subsequent to such termination, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with the Proceeds
paragraph below, and such proceeds shall be used by the Trust in a manner consistent
with the conservation Purposes of the original Easement contribution, as required by •
§1.170A- 14(g)(6)(i) of Treasury Regulations. Grantee shall promptly remit the Board's
share of these proceeds to the Board.;
v7a 071811 22
15.2. Condemnation. If all or any part of the Property is taken by condemnation, or by -
purchase in lieu of condemnation by any public, corporate, or other authority so as to
terminate the Easement in whole or in part, Grantor and the Trust shall act jointly to
recover the full value of the interests in the Property subject to the taking or in -lieu
purchase, and all damages resulting there from. All expenses reasonably incurred by
Grantor and the Trust in connection with the taking or in -lieu purchase shall be paid out
of the amount recovered. The Trust's share of the balance of the amount recovered shall
be determined by the easement value ratio set forth in Proceeds paragraph below;
15.3. Proceeds. This Easement constitutes a real property interest immediately vested
in the Trust, the value of which has not been determined as of this date. Should the
Easement be taken for public use or otherwise terminated according to the
Extinguishment and Condemnation paragraphs above, Trust and Third Party
Beneficiaries as enumerated in Section 22.11 shall be entitled to compensation for their
proportionate interests, which shall reflect the proportionate monetary contribution of
each toward the $17,000,000 purchase price of the Property by the County, which is as
follows; the Board's is 14.71% ($2.5 million contributed), the Town is 11.76% ($2
million contributed), the City is 5.9% ($1 million contributed), the Trust is 2%
(approximately $305 thousand contributed), and the balance of the interest (66 %) is held
by the County based upon its contribution of the balance of $11,195,000.
a. Reinvestment of Proceeds. In the event the Easement shall be wholly or partially
extinguished, whether by condemnation or otherwise, reinvestment of the
proceeds from such extinguishment shall be made in improvements to or
stewardship of the subject Property or the adjacent open space parcels held by the
Grantor, the Town or the City, or to other property or properties jointly agreed
upon by the Parties, which, for the Easement, to the greatest extent possible,
protect the same conservation values as the extinguished easement. If the Parties
are unable to agree regarding the reinvestment of the proceeds from such
extinguishment, the proceeds shall be divided according to the proportionate
interests specified in Section 15.3 above.
16. ASSIGNMENT OF EASEMENT
16.1. This Easement is transferable, but the Trust may assign its rights and obligations
under this Easement only to an organization that:
(1) is a qualified organization at the time of transfer under Section 170(h) of the
Internal Revenue Code of 1986, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder;
(2) is authorized to acquire and hold conservation easements under Colorado law;
(3) agrees in writing to assume the responsibilities imposed on the Trust by this
Easement; and
v7a 071811 23
the City agree that any net proceeds from such transfer, after payment of any Additional Refund
that may be due pursuant to Section 18, shall be reinvested in the maintenance and improvement
of the Property or adjacent publically owned open space lands that are included in the scope of
the Management Plan.
18. ADDITIONAL REFUND To THE BOARD, THE TOWN AND THE CITY
The Board's Grant and contributions made by the Town and the City have provided
partial consideration for Grantor's acquisition of fee title to the Property, associated water rights,
and partial real estate interest in the Property above and beyond this Easement; therefore, any
voluntary sale, conveyance, transfer, or other disposal of all or any portion of Grantor's interest
in the Property or associated water rights ( "Sale "), excluding any lease of the Property or the
Water Rights to a third party in the ordinary course of using the Property for permitted purposes,
shall constitute a material change to the Grant that shall require prior written approval from the
Board, the Town and the City, and may require a separate refund to each entity of an amount to
compensate the them for use of the their respective Grant or contributions, plus administrative
costs (the "Additional Refund "), in addition to any payment that they may be entitled to receive
under Section 15 above.
18.1. Amount. The amount of the Additional Refund shall be based upon a percentage
of Grantor's net proceeds from the Sale (which shall be defined as the fair market value
of the property being sold in the Sale, minus direct transaction costs) ( "Net Proceeds ").
The Additional Refund shall be determined by: a) first dividing the Board's Grant and
the Town's and the City's contribution amounts by the original purchase price for fee title
to the Property; b) then by multiplying the resulting ratio (14.71% for the Board, 11.76%
for the Town, and 5.9% for the City) by the Net Proceeds; and c) adding interest figured
from the Grant payment date at the Prime Rate listed by the Federal Reserve Bank of
Kansas City, Missouri that is most current on the effective date of the Sale. The Board
may, in its sole discretion, waive the requirement for payment of interest or reduce the
amount of interest due at the time of the Sale. The Additional Board Refund shall be paid
to the Board in cash or certified funds on or before the effective date of the Sale, The
Additional Refund to the Town or the City shall be reinvested as set forth in Section 15.3
above.
18.2. Possible Exception to Refund Requirement. If a Sale occurs to a third party
which is eligible to receive open space funding from the Board, and the Board has
provided written confirmation of the third party's eligibility, Grantor shall not be required
to pay the Board an Additional Board Refund, unless the Board determines in its sole
discretion that one or more aspects of the Grant have changed that reduce the Grant
project's scope from that of the original Grant as approved by the Board. (For example,
if the Grantor proposed that the Grant project would include public access to the
Property, and the Sale will result in substantially the same amount and type of public
access, the Board will deem that a material change in the Grant project's scope has not
occurred, and Grantor shall not be required to pay the Board an Additional Board Refund,
v7a 071811 25
unless another aspect of the Grant project has changed that reduces the Grant project's
scope from that of the original Grant as approved by the Board).
19. NOTICES
Any communication that either Party is required to give to the other under the terms of
this Easement shall be in writing and physically delivered or sent by first class mail, postage
prepaid, to the following addresses, or to such other address as either Party may designate in the
future by written notice to the other. Other communications not required by this Easement may
be in the form of email or other electronic communication:
To Grantor: Pitkin County Board of County Commissioners
c/o Pitkin County Open Space and Trails Director
530 E. Main Street, 3rd Floor
Aspen, CO 81611
Phone: 970 - 920 -5203
Fax: 970 920 -5198
To the Trust: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
Phone: 970- 963 -844
Fax: 970-963-8441
To the Board: Executive Director
State Board of the Great Outdoors Colorado Trust Fund
303 East 17th Avenue, Suite 1060
Denver, CO 80203
To the Town: Town of Snowmass Village
c/o Town Manager
P.O. Box 5010
Snowmass Village, CO 81615
To the City: City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
20. RECORDATION
The Trust shall record this Easement in the official records of Pitkin County, Colorado
and may re- record it at any time as may be required to preserve its rights in this Easement.
21. AMENDMENT
v7a 071811 26
If circumstances arise under which an amendment to or modification of this Easement or
any of its exhibits would be appropriate, Grantor and the Trust may jointly amend this Easement
so long as the amendment (a) is consistent with the Conservation Values and Purpose of this
Easement, (b) does not affect the perpetual duration of the restrictions contained in this
Easement, (c) does not affect the qualifications of this Easement under any applicable laws, (d)
. complies with the Trust's policies and procedures and the Board's procedures and standards for
amendments (as such procedures and standards may be amended from time to time) and (e)
receives prior written approval of the Board, the Town and the City, provided corrections that do
not affect the terms or Purposes of this Easement do not require such approval of the Town and
the City. Any amendment must be in writing, signed by both Parties, and recorded in the records
of the Clerk and Recorder of Pitkin County. For the purposes of the Board's approval under item
(e) above, the term "amendment" means any instrument that purports to alter in any way any
provision of or exhibit to this Easement. Nothing in this paragraph shall be construed as
requiring the Trust, the Board, the Town or the City to agree to any particular proposed
amendment.
22. GENERAL PROVISIONS
22.1. Definitions.
A. Parties. The terms "Grantor" and "the Trust, ", and any pronouns used in place of
those terms, refer to, respectively, Grantor and Grantor's heirs, personal representatives,
executors, administrators, successors and assigns, and the Trust and its successors and
assigns. The term "Parties" refers collectively to both Grantor and Trust;
B. Easement. The terms "Easement," "Conservation Easement," "Deed of Conservation
Easement," and "Deed of Conservation Easement in gross" refer to this legal document
and to the immediately vested interest in real property defined by Colorado Revised
Statutes § §38- 30.5 -101 et seq.;
C. Low- Impact. The term "low- impact" refers to activities or improvements whose
location, use and construction have no or negligible surface impact on the Property and
do not damage the Conservation Values (i.e. have no scenic impact from public trails and
rights -of -way; do not result in earthmoving, recontouring of land, construction of roads or
connection to utility lines; and do not damage rivers, wetlands, riparian areas or other
sensitive wildlife habitat);
D. Forestry Terms. The term "clear cutting" refers to cutting or removal of a stand of
trees in which essentially all or most of the trees have been removed in one operation.
The term "selective cutting" refers to cutting that removes only a portion of trees in a
stand, and "thinning" refers to a treatment made to reduce stand density of trees
primarily to improve growth, enhance forest health, or recover potential mortality.
v7a 071811 27
22.2. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado;
22.3. Liberal Construction. This Easement shall be liberally construed in favor of the grant to
effect the Purposes of the Easement and the policy and purpose of C.R.S. §38- 30.5 -101 et seq. If
any provision in this instrument is found to be ambiguous, an interpretation consistent with
ensuring continuation of the Purposes of the Easement that would render the provision valid shall
be favored over any interpretation that would render it invalid. The common law rules of
disfavoring restrictions on the use of real property and construing restrictions in favor of the free
and unrestricted use of real property shall not apply to interpretations of this Easement or to
disputes between the Parties concerning the meaning of particular provisions of this Easement;
22.4. Severability. If any provision or application of any provision of this Easement, is found
to be invalid, the remainder of the provisions shall be deemed severable and remain in full force
and effect;
•
22.5. Entire Agreement. This instrument sets forth the entire agreement between the Parties
with respect to the Easement and supersedes all prior discussions or agreements relating to the
Easement;
22.6. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or reversion
of Grantor's title in any respect;
22.7. Joint and Several Obligation. The obligations imposed by this Easement upon Grantor
shall be joint and several. If the Property's ownership, now or in the future, is by a single entity
consisting of multiple parties including shareholders, partners, or members, that entity is required
to notify its shareholders, partners, or members of the entity's and its parties' individual rights
and responsibilities, including monetary or other obligations set forth in this Easement;
22.8. Successors. The covenants, terms, conditions, and, restrictions of this Easement shall be
binding upon, and inure to the benefit of, the Parties hereto and Grantor's respective personal
representatives, heirs, successors, transferees, and assigns, and the Trust's successors,
transferees, and assigns, and shall continue as a servitude running in perpetuity with the
Property;
22.9. Termination of Rights and Obligations. A Party's rights and obligations under this
Easement terminate upon transfer of the Party's interest in the Easement or the Property, except
that liability for acts or omissions occurring prior to transfer shall survive transfer, including the
County's and the Town's liability for acts or omissions occurring under the 1999 Conservation
Easement as it encumbered the County Tract;
22.10. Captions. The captions in this instrument have been inserted solely for convenience of
reference and shall have no effect upon construction or interpretation;
v7a 071811 28
22.11. Third Party Beneficiaries. This Easement is entered into by and between Grantor and
the Trust for the benefit of the Grantor, the Trust, the Board, the Town and the City and their
respective successors and assigns, and the public, for the Purposes set forth herein This
Easement is not intended to, and does not, create rights or responsibilities in any third parties,
including members of the public, beyond Grantor, the Trust, the Board, the Town and the City;
22.12. Change of Conditions. A change in the potential economic value of any use that is
prohibited by or inconsistent with this Easement, or a change in any current or future uses of
neighboring properties, shall not constitute a change in conditions that makes it impossible for
continued use of the Property for conservation purposes and shall not constitute grounds for
terminating the Easement in whole or in part;
22.13. Termination of the Board. In the event that Article XXVII of the Colorado
Constitution, which established the Board, is amended or repealed to terminate the Board or
merge the Board into another entity, the rights and obligations of the Board hereunder shall be
assigned to and assumed by such other entity as provided by law, but in the absence of such
direction, by the Colorado Department of Natural Resources or its successor.
22.14. Counterparts. The Parties may execute this instrument in two or more counterparts,
which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an
original instrument as against any Party who has signed it. In the event of any disparity between
the counterparts produced, the recorded counterpart shall be controlling;
22.15. Merger. If the Trust wishes to acquire fee title to the Property or any additional interest
in the Property (such as a leasehold), the Trust must first obtain the written approval of the
Board. As a condition of such approval, the Board may require that the Trust first transfer the
Easement to another qualified organization consistent with Paragraph 16 above;
22.16. Authority to Execute. Each Party represents that such Party has full power and
authority to execute and deliver this Deed of Conservation Easement; to perform its obligations
under this Easement; that the individual executing this Easement on behalf of said Party is fully
empowered and legally authorized to do so; and that this Easement constitutes a valid,
enforceable, and legally binding obligation of said Party.
v7a 071811 29
IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of
Conservation Easement as of the date first written above.
GRANTOR:
By execution of this Amended and Restated Deed of Conservation Easement the County
consents to and agrees to be bound the terms of this Easement and quitclaims to the Trust any
interest it may have as a co- grantee of the 1999 Conservation Easement, described herein.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado,
a body corporate and politic
By: l V 2 c c M��✓
George Newman, Commissioner
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged before me on this i ctday of July, 2011, by
George Newman, Commissioner of the BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, Colorado, a body corporate and politic.
WITNESS my hand ari %Official seal.
` , gy p
`` e •. .1. C4.40 &-
.� \to......
[SEAL] .:9 �P.':
,4pT44, N Public
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commission expires:
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10 02 1 COW S
v7a 071811 30
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
By: ,, /Waif/CAC 6d
Martha Cochran, Executive Director
STATE OF COLORADO )
) ss.
COUNTY OF C744Eid )
The foregoing instrument was acknowledged before me this 7U `'day of July, 2011, by Martha
Cochran as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit
corporation.
WITNESS my hand and official seal.
[SEAL] 5,1 14 A
Notary J.'{iblic
SUZANNE STEPHENS My commission expires: 7/11 /
Notary Public //
State of Colorado
V7a 071811 31
CONSENT OF TOWN:
By execution of this Amended and Restated Deed of Conservation Easement the Town consents
to the terms of this Easement, retains a right of enforcement as described in Section 13, herein,
and quitclaims to the Trust any interest it may have as a co- grantee of the 1999 Conservation
Easement, described herein.
TOWN OF SNOWMASS VILLAGE, COLORADO,
a Colorado Home Rule Municipality
r , ) L
B kc-....-CAR
, Mayor
By: _�t/le�_ L
, Town Clerk
STATE OF COLORADO )
n ) Ss.
COUNTY OF �' f : n )
The orega ng instrument was acknowledged before me this O day of July, 2011, by
I 1 oo i nCa ✓ as Mayor of the Town of Snowmass Village, Colorado, and by
r. n% (LA S. Coxo -as Town Clerk of the Town of Snowmass Village, Colorado.
ffemn
WITNESS my s ,; .0 .
[SEAL] �' N O T *.`. r t 0 4 . LC \I &A- --- s
rye; A,, r :- g Notary Public •
• U lm 1 C • $ My commission expires: ZD /2,0 /3
••....•
�
• a
v7a 071811 32
CONSENT OF CITY:
By execution of this Amended and Restated Deed of Conservation Easement the City consents to
the terms of this Easement and accepts a right of enforcement as described in Section 13, herein.
CITY OF ASPEN, COLORADO,
By: , l '! " ' *- . - 20 /
Michael . Ireland, Mayor
STATE OF COLORADO )
) ss.
COUNTY OF OFTrati )
Thg foregoing instrument was acknowledged before me this 14day of July, 2011, by
PI 0144 C T rulayis Mayor of the City of Aspen, Colorado.
WI yc!: yne‘,. and official seal. 1
•
[S ; A acme
LOTHIAN tart' Public
p , y commission expires: 15
v7a 071811 33
EXHIBIT A
Legal Description of Property
Wapiti Ridge (aka Droste Mountain Park)
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF THE PROPERTIES
DESCRIBED IN THOSE DOCUMENTS RECORDED AS RECEPTION Nos. 340104, 340407
AND 408695 ALL OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND
SITUATED IN SECTIONS 28, 29, 32, 33 AND 34, TOWNSHIP 9 SOUTH, RANGE 85 WEST
OF THE SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF BRUSH CREEK
ROAD, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE
CONSERVATION EASEMENT DESCRIBED IN REC. NO. 410437 WHENCE THE WEST
QUARTER CORNER OF SECTION 28 BEARS N57 °58'22 "E, A DISTANCE OF 3398.33
FEET; THENCE LEAVING SAID RIGHT -OF -WAY ALONG THE EASTERLY BOUNDARY
LINE OF SAID REC. NOS. 51 1 °25'45 "W, A DISTANCE OF 310.68 FEET; THENCE
LEAVING SAID EASTERLY BOUNDARY THE FOLLOWING EIGHT (8) COURSES:
1) S86 °59'26 "E, 278.65 FEET;
2) S22 °52'57 "E, 516.65 FEET;
3) S89 °39' 11 "E, 1110.66 FEET;
4) N66 °06' 18 "E, 1031.47 FEET;
5) N85 °01'06 "E, 927.20 FEET;
6) N21 °59'38 "E, 729.98 FEET;
7) N73 °52'56 "E, 300.00 FEET;
8) N16 °07'04 "W, 20.05 FEET, TO A POINT ON THE NORTH LINE OF THE S1 /2 OF THE
SWI /4;
THENCE ALONG SAID NORTH LINE OF THE S1 /2 OF THE SW1 /4 N87 °42'10 "E, A
DISTANCE OF 1573.24 FEET; THENCE ALONG THE NORTH LINE OF THE SW 1 /4 OF
THE SE1 /4 N87 °48'01 "E, A DISTANCE OF 1319.90 FEET; THENCE ALONG THE EAST
LINE OF THE SW 1/4 OF THE SE1 /4 OF SAID SECTION 28 S00 °56 "E, A DISTANCE OF
1346.21 FEET; THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF THE SEIl4 OF
SAID SECTION 28 S87 °32'39 "W, A DISTANCE OF 406.16 FEET TO A POINT ON THE
BOUNDARY LINE OF THAT LAND DESCRIBED IN BOOK 619 AT PAGE 859
(RECEPTION NO. 322299) OF THE PITKIN COUNTY RECORDS; THENCE ALONG SAID
BOUNDARY LINE THE FOLLOWING FOUR (4) COURSES:
1) S00 °55 "E, 220.10 FEET;
2) S58 °59'33 "W, 315.13 FEET;
3) S30 °0623 "E, 1,090.00 FEET;
v7a 07!811 34
4) N87 °49'09 "E, 150.00 FEET TO THE SOUTHEAST CORNER OF THE NW 1/4 OF THE
NE1 /4 OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SE1 /4 OF
THE NE1 /4 OF SAID SECTION 33 N87 °48'43 "E, A DISTANCE OF 1334.63 FEET; THENCE
ALONG THE EAST LINE OF THE SE1/4 OF THE NE 1/4 OF SAID SECTION 33
S01 °19'45 "E, A DISTANCE OF 1343.34 FEET TO THE NORTHWEST CORNER OF
GOVERNMENT LOT 25 OF SAID SECTION 34; THENCE ALONG THE BOUNDARY OF
SAID LOT 25 THE FOLLOWING TWO (2) COURSES:
1) N90 °00'00 "E, 98.49 FEET;
2) S00 °00'00 "E, 71.90 FEET;
THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 25 AND
GOVERNMENT LOTS 5, 7, AND 8 OF SAID SECTION 33 N84 °24'55 "W, 2918.13 FEET;
THENCE LEAVING SAID BOUNDARY S00 °02'05 "W, A DISTANCE OF 1320.00 FEET;
THENCE N89 °57'55 "W, A DISTANCE OF 2725.80 FEET; THENCE S00 °02'05 "W, A
DISTANCE OF 396.87 FEET; THENCE S89 °40'17 "W, A DISTANCE OF 2450.86 FEET;
THENCE S89 °54'31 "W, A DISTANCE OF 262.97 FEET TO THE SOUTHEAST CORNER OF
SAID CONSERVATION EASEMENT DESCRIBED IN RECEPTION NO. 410437; THENCE
S89 °54'31" W, 1068.71 FEET ALONG THE SOUTH LINE OF SAID CONSERVATION
EASEMENT; THENCE N01 °12'27" W, 1339.19 FEET ALONG THE WEST LINE OF SAID
CONSERVATION EASEMENT; THENCE N89 °41'41" W, 166.64 FEET ALONG THE
SOUTH LINE OF SAID CONSERVATION EASEMENT; THENCE N00 °09'34" E, 2463.51
FEET ALONG THE WEST LINE OF SAID CONSERVATION EASEMENT; THENCE
N63 °06'27" E, 110.16 FEET ALONG THE NORTHWESTERLY LINE OF SAID
CONSERVATION EASEMENT; THENCE N09 °1828" W, 437.21 FEET ALONG THE
WESTERLY LINE OF SAID CONSERVATION EASEMENT; THENCE N10 °09'21" E,
186.19 FEET ALONG THE WESTERLY LINE OF SAID CONSERVATION EASEMENT;
THENCE N11 °14'06 "W, 56.28 FEET ALONG THE WESTERLY LINE OF SAID
CONSERVATION EASEMENT TO THE SOUTH RIGHT -OF -WAY LINE OF BRUSH
CREEK ROAD; THENCE THE FOLLOWING SEVEN (7) COURSES AND DISTANCES
ARE ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF BRUSH CREEK ROAD
AND THE NORTHERLY BOUNDADRY OF SAID CONSERVATION EASEMENT:
1) N61 °33'00" E, 163.64 FEET TO A POINT OF CURVE TO THE RIGHT;
2) NORTHEASTERLY, 221.88 FEET, SAID ARC HAVING A RADIUS OF 1097.52 FEET, A
CENTRAL ANGLE OF 11 °35'00" AND BEING SUBTENDED BY A CHORD THAT BEARS
N67 °20'30" E, 221.50 FEET;
3) N73 °08'00" E, 573.12 FEET;
4) 201.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A
RADIUS OF 1090.92 FEET, A CENTRAL ANGLE OF 10 °33'38" AND BEING SUBTENDED
BY A CHORD THAT BEARS N78 °24 E, 200.79 FEET; 5) N79 °20'03" E, 50.53 FEET;
6) N87 °07'22 "E, 30.37 FEET;
7) N87 °55'00" E, 27.14 FEET, TO THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 844.689 ACRES, MORE OR LESS.
v7a 071811 35
COUNTY OF PITKIN
STATE OF COLORADO
SAID PROPERTY FORMERLY KNOWN AS PARCELS 1 — 9 AND TRACT A AS SHOWN
ON THE FIRST AMENDED PLAT OF BRUSH CREEK RANCH LIR -80 P.U.D. RECORDED
SEPTEMBER 27, 2010 AS RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS
DESCRIPTION PREPARED BY:
MARK S. BECKLER, PLS No, 28643
SOPRIS ENGINEERING, LLC
502 MAIN STREET, SUITE A3
CARBONDALE, CO 81623
v7a 071811 36
EXHIBIT B
Legal Descriptions for County Tract and Tract A
County Tract
A PARCEL OF LAND LOCATED WITHIN SECTIONS 28, 29, 32, 33 AND 34 OF
TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ALSO
A PART OF THE PROPERTY DESCRIBED AS BRUSH CREEK RANCH LIR -80 PUD PER
THE FIRST AMENDED PLAT THEREOF RECORDED JANUARY 10, 2010 AS
RECEPTION NO. 573879 OF THE PITKIN COUNTY RECORDS. SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF TRACT A AND PARCEL
8 OF SAID PUD, WHENCE THE 1/4 CORNER TO SAID SECTIONS 28 AND 29 BEARS N
38 °28'37" E (BASIS OF BEARINGS), A DISTANCE OF 5426.75 FEET; THENCE ALONG
SAID COMMON BOUNDARY N 11 °25'45" E, a distance of 2,185.16 feet TO A POINT ON
THE BOUNDARY OF PARCEL 10 OF SAID PUD; thence LEAVING SAID COMMON
BOUNDARY AND ALONG THE COMMON BOUNDARY BETWEEN SAID PARCEL 8
AND SAID PARCEL 10 S 86 °59'29" E, a distance of 278.65 feet TO A POINT ON THE
BOUNDARY OF PARCEL 10B OF SAID PUD; thence LEAVING SAID COMMON
BOUNDARY AND ALONG THE COMMON BOUNDARY BETWEEN SAID PARCEL 8
AND SAID PARCEL 10 S 22 °52'57" E, a distance of 516.65 feet TO A POINT ON THE
BOUNDARY OF PARCEL 7 OF SAID PUD; thence LEAVING SAID COMMON
BOUNDARY AND ALONG THE COMMON BOUNDARY OF SAID PARCEL 7 AND SAID
PARCEL 10B S 89 °39'11" E, a distance of 1,110.66 feet; thence CONTINUING ALONG SAID
COMMON BOUNDARY N 66 °06'19" E, a distance of 1,031.47 feet TO A POINT ON THE
EXTERIOR BOUNDARY OF SAID PUD; thence LEAVING SAID COMMON BOUNDARY
AND ALONG SAID EXTERIOR BOUNDARY THE FOLLOWING SEVENTEEN (17)
COURSES:
1)N 85 °01'06" E, 927.20 feet;
2) N 21 °59'38" E, 729.98 feet;
3) N 73 °52'56" E, 300.00 feet;
4) N 16 °07'04" W, 20.05 feet;
5) N 87 °42'10" E, 1,573.24 feet;
6) N 87 °48'01" E, 1,319.90 feet;
7) S 00 °56'40" E, 1,346.21 feet;
8) S 87 °32'39" W, 406.16 feet;
9) S 00 °55'57" E, 220.10 feet;
10) S 58 °59'33" W, 315.13 feet;
11) S 30 °06'23" E, 1,090.00 feet;
12) N 87 °49'09" E, 150.00 feet;
13) N 87 °48'43" E, 1,334.63 feet;
• 14) S 01 °19'45" E, 1,343.34 feet;
v7a 071811 37
15) N 90° E, a distance of 98.49 feet;
16) S 00° E, a distance of 71.90 feet;
17) N 84 °24'55 "W., a distance of 2,367.14 feet TO A POINT ON THE CONSERVATION
BOUNDARY OF SAID PUD; thence LEAVING SAID EXTERIOR BOUNDARY AND
ALONG SAID CONSERVATION BOUNDARY THE FOLLOWING TWO (2) COURSES:
I) N 00° W, a distance of 780.86 feet;
2) N 90° W, a distance of 6,491.18 feet TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 437.967 ACRES, MORE OR LESS
TRACT A
A tract of land situate in Section 29 and 32, Township 9 South, Range
85 West of the 6th Principal Meridian, being more particularly
described as follows:
Beginning at a point whence the Northwest corner of said Section 32
bears S 70 °48'37" W 1345.53 feet; thence along the South line of a 10'
easement granted to Holy Cross Electric Association by deed recorded
in Book 269 at Page 599 of the records of the Clerk and Recorder of
Pitkin County, Colorado the following courses: N 78 °03'27" E 23.52
feet; thence N 83 °34'14" E 68.03 feet; thence N 65 °04'33" E 74.89
feet; thence N 69 °13'48" E 262.31 feet; thence N 69 °53'30" E 278.48
feet; thence N 73 °22'11" E 19.73 feet; thence N 84 °00'00" E 40.50
feet; thence S 88 °00'58" E 21.46 feet; thence N 73 °58'41" E 22.60
feet; thence N 62 °56'49" E 41.50 feet; thence N 65 °24'35" E 52.65
feet; thence N 76 °14'35" E 34.77 feet; thence N 78 °50'27" E 21.75
feet; thence N 73 °12'42" E 122.69 feet; thence N 77 °20'03" E 45.04
feet; thence 5. '89°22'22" E 40.98 feet; thence S 86 °27'01" E 60.42
feet; thence leaving said south line S 11 °30'03" W 2369.27 feet;
thence S 11 °30'03" E 2507.72 feet to the south line(of the NE1 /4 of
the SW1 /4 of said Section 32; thence S 89 ° 57'36" W 1 feet along
said south line; thence N 01 °09'22" W 1339.19 feet along the west
line of said NE1 /4 of the SW1 /4; thence N 89 °38'36" W 166.64 feet
along the north line of the NW1 /4 of the SW1 /4 of said Sectin 32 to a
line previously described as a fence; thence along said line the
following courses: N 00 °12'39" E 2463.51 feet; thence N 63 °09'32" E
110.16 feet; thence N 09 °15'23" W 437.21 feet; thence N 10 °12'06" E
154.99 feet to the point of beginning.
v7a 0718;1 38
EXHIBIT C
Map of Property
rf t
'
0
y !
1
ig. ril
S <'
W n0 7
/' fl Wapiti Ridge CE
/"' m New Access Easement `(
/
Other Open Space New Road Location
-- - -- Brush Creek
- - - - - - -• Existing Trails ♦♦
-- Existing Roads
f i I I Q
0 750 1,500 Feet
- l am .
v7a 071811 39
EXHIBIT D
Water Rights
The "Water Rights" consist of the following:
1. 0.264 cubic feet per second from the Lemond Ditch Priority No. 37 water right, originally
decreed for 0.8 cfs in Civil Action No. 132, on May 11, 1889, with an appropriation date
of June 7, 1882.
2. 0.33 cubic feet per second from the Lemond Ditch Priority No. 187 water right, originally
decreed for 0.7 cfs in Civil Action No. 132, on May 11, 1889, with an appropriation date
of April 2, 1888.
3. 2.118 cubic feet per second from the Lemond Ditch Second Enlargement Priority No.
446 water right, originally decreed for 4.5 cfs in Civil Action No. 3723, on August 25,
1949, with an appropriation date of September 1, 1936.
v7a 071811 40
EXHIBIT E
Baseline Documentation Acknowledgment
v7a 071811 41
•
ff.,n/w Icaa /on iGh„d
IF qil; RM e (ka I )neM (_0m,mvGmn 1:a. rm q1 .Vo, 11. 1011
ATTESTATION
Wapiti Ridge (aka Droste) Conservation Easement
Pitkin County, Colorado
In compliance with Section 1.170 -14 of the Federal Tax Regulations, and to the best of
my knowledge, this Baseline Documentation Report, including text, maps, and
photographs, is an accurate representation of the easement property's conservation
values on the 11th day of April, 2011, the date of the site assessment for this report.
The conservation values including native vegetation, important winter range, habitat
connectivity, riparian areas, and other wildlife habitat as well as scenic viewsheds
and rural character.
Dale 111, Pitkin County Open Space & Trails GRANTOR Date
Director for the Pitkin County Board of County
Commissioners
•
17 (;C 4 6( A 7- Z/ //
Martha Cochran, AVLT Executive Director GRANTEE Date
•
•
Colorado N5ILi lily Science I. LC P
EXHIBIT F
Consents of 1999 Conservation Easement parties to this Easement
vin 071811 42
CONSENT TO REMOVE COUNTY TRACT FROM
1999 CONSERVATION EASEMENT
Wapiti Ridge Property
THIS CONSENT TO ROVE COUNTY TRACT FROM 1999 CONSERVATION EASEMENT
(the "Consent") is given this_ y of March, 2011, by Bruce F. Droste, individually, and Bruce F. Droste,
as Trustee of a Trust for the benefit of Edward Droste and William Droste under written Trust Instrument
dated December 25, 1991 (collectively referred to herein as "Droste ").
RECITALS:
A. The Deed of Conservation Easement granted to the Town of Snowmass Village and the Board of
County Commissioners of Pitkin County ( "Pitldn County "), which was recorded December 1, 1999
as Reception No. 438191, in the records of the Pitkin County, Colorado, Clerk and Recorder (the
"1999 Conservation Easement"), encumbered 503.296 acres of land, more or less, located in Pitkin
County, Colorado (the "1999 CE Property"). A portion ofthe 1999 CE Property was conveyed to
Pitkin County by deed recorded on December 30, 2010 as Reception No. 576407 (the "County
Tract"). The remaining portion of the 1999 CE Property is owned by Droste (the "Droste Tract ").
B. Pitkin County purchased the County Tract for the purpose of including the County Tract in Pitkin
County's Open Space and Trails Program, using its own funds and funds provided by the City of
Aspen and the Town of Snowmass Village. The December 2, 2010 Contract to Buy and Sell Property
pursuant to which Pitkin County acquired the County Tract (the "Contract') acknowledges that
Pitkin County had submitted a grant request to the State Board of the Great Outdoors Colorado Trust
Fund ( "GOCO ") for reimbursement of a portion of the funds Pitkin County used for the purchase.
The Contract requires Droste to cooperate with the efforts of Pitkin County to fulfill the grant
requirements of GOCO for such reimbursement.
C. The 1999 Conservation Easement allows the landowner to prohibit public access. GOCO requires that
a conservation easement be placed on the County Tract which permits public access. The Droste Tract
continues to be privately held and public access is not intended to be required for the Droste Tract by
the parties to the 1999 Conservation Easement.
D. Droste, Pitkin County and the Town of Snowmass Village wish to remove the County Tract from the
1999 Conservation Easement so that a new and separate conservation may be granted for the County
Tract which permits public access and includes other provisions necessary to obtain GOCO funding.
NOW, THEREFORE, Droste hereby consents to the recording of a new Deed of Conservation
Easement that will encumber the County Tract and agrees that upon such recording the County Tract is
released from and no longer encu mbbered by the 1999 Con - ation Easement
—J v \J
/Y vs
Bruce F. Droste, individually Bruce F. Droste, as Trustee of a Trust for the benefit of
Edward Droste and William Droste under written Trust
Instrument dated December 25, 1991
State of Colorado )
County of Pitkin )
The forgoing instrument was acknowledges before me this day of March, 2011 by Bmce F. Droste,
individually, and Bruce F. Droste, as Trustee of a Trust for the benefit of Edward Droste and William
Droste under written Trust Instrument dated December 25, 1991.
RECEPTION #: 581342, 07/20/2011 at
01:11:51 PM,
Man County/Droste/Consent le 1 OF 2, R $0.00 Doc Code CONSENT 1
Janice K. Vos Caudill, Pitkin County, CO
— „ _ ........_
WITNESS my hand and official seal.
My Commission expires: //b=c ta-e' Di/
/ .
, . .
[SEAL]
/ W ' Se %1/4• 1 oiary Public
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RECEPTION #: 581343, 07/20/2011 at
01:11:52 PM,
1 OF 2, R $0.00 Doc Code CONSENT
Janice K. Vos Caudill. Pitkin County NSENT TO REMOVE COUNTY TRACT FROM
1999 CONSERVATION EASEMENT
Wapiti Ridge Property
THIS CONSENT TO REMOVE CQUNTY TR4C1 FROM 1999 CONSERVATION
EASEMENT (the "Consent ") is given this day of J `-f , 2011, by the Town of Snowmass
Village, Colorado, a Colorado Home Rule Municipality (referted to herein as " Snowmass Village ").
RECITALS:
A. The Deed of Conservation Easement granted to Snowmass Village and the Board of County
Commissioners of Pitkin County ( "Pitkin County "), which was recorded December 1, 1999 as
Reception No. 438191, in the records of the Pitkin County, Colorado, Clerk and Recorder (the
"1999 Conservation Easement "), encumbered 503.296 acres of land, more or less, located in
Pitkin County, Colorado (the "1999 CE Property "). A portion of the 1999 CE Property was
conveyed to Pitkin County by deed recorded on December 30, 2010 as Reception No. 576407
(the "County Tract "). The remaining portion of the 1999 CE Property is owned by Bruce F.
Droste, individually, and Bruce F. Droste, as Trustee of a Trust for the benefit of Edward Droste
and William Droste under written Trust Instrument dated December 25, 1991 (the "Droste
Tract ").
B. The 1999 Conservation Easement was acquired by Snowmass Village and Pitkin County
pursuant to an Intergovernmental Agreement Concerning the Droste Property between them,
recorded on December 12, 1999 as Reception No. 438113 (the "Intergovernmental
Agreement ").
C. Pitkin County purchased the County Tract for the purpose of including the County Tract in Pitkin
County's Open Space and Trails Program, using its own funds and funds provided by the City of
Aspen and the Town of Snowmass Village. Pitkin County had submitted a grant request to the
State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") for reimbursement of a
portion of the funds Pitkin County used for the purchase.
D. The 1999 Conservation Easement allows the landowner to prohibit public access. GOCO
requires that a conservation easement be placed on the County Tract which permits public
access. The Droste Tract continues to be privately held and public access is not intended to be
required for the Droste Tract by the parties to the 1999 Conservation Easement.
E. Droste, Pitkin County and Snowmass Village wish to remove the County Tract from the 1999
Conservation Easement so that a new and separate conservation easement may be granted toj the
Aspen Valley Land Trust, a Colorado non - profit corporation, which encumbers the County Tract
and other property, and which permits public access and includes other provisions necessary to
obtain GOCO funding (the "Droste Mountain Park Conservation Easement ").
NOW, THEREFORE, Snowmass Village hereby consents to the recording of the new Droste
Mountain Park Conservation Easement that will encumber the County Tract and other property to which
this Consent is attached, and agrees that upon such recording (1) the County Tract is released from and
no longer encumbered by the 1999 Conservation Easement; and (2) any obligations under the
Intergovernmental Agreement that pertain to the County Tract are merged into the rights and
responsibilities of the County and Snowmass Village under the Droste Mountain Park Conservation
Fa sement, and the Intergovernmental Agreement is of no further force or effect as to the County Tract.
Pitkin County/SnowmassVinageConsent 2
TOWN OF SNOWMASS VILLAGE, COLORADO, A COLORADO HOME RULE MUNICIPALITY:
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1 / 1-4 ht J , Town Clerk
Date: 7t/ Sk
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
1; IThe foregoing document was acknowledg.sd beforg me Q� 7 . ii______ b i , by
3(11. 16D 1 h e4J as the Mayor and .1..OhLlo1 6 . crams the Town Clerk of the
Town of Snowmass Village, Colorado, a Colorado Home Rule Municipality.
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Witness my hand and official seal. `\ o� O N P.1.? � SS,,
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My commission expires: 1 �'� '� �� N 0 Tq • • y ri
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Pitkin County/SnowmassVillageConsent 2 2
g /T'fd by Ck'C / /if e b- 33- /d
CONSENT TO REMOVE COUNTY TRACT FROM
1999 CONSERVATION EASEMENT
Wapiti Ridge Property
THIS CONSENT TO REMOVE COUNTY TRACT FROM 1999 CONSERVATION
EASEMENT (the "Consent ") is given this 19tAlay of It- \. , 2011, by the Board of County
Commissioners of Pitkin County, Colorado (referred to hereih as "Pitkin County").
RECITALS:
A. The Deed of Conservation Easement granted to the Town of Snowmass Village and Pitkin
County, which was recorded December 1, 1999 as Reception No. 438191, in the records of the
Pitkin County, Colorado, Clerk and Recorder (the "1999 Conservation Easement "),
encumbered 503.296 acres of land, more or less, located in Pitkin County, Colorado (the "1999
CE Property"). A portion of the 1999 CE Property was conveyed to Pitkin County by deed
recorded on December 30, 2010 as Reception No. 576407 (the "County Tract "). The remaining
portion of the 1999 CE Property is owned by Bruce F. Droste, individually, and Bruce F. Droste,
as Trustee of a Trust for the benefit of Edward Droste and William Droste under written Trust
Instrument dated December 25, 1991 (the "Droste Tract ").
B. The 1999 Conservation Easement was acquired by Snowmass Village and Pitkin County
pursuant to an Intergovernmental Agreement Concerning the Droste Property between them,
recorded on December 12, 1999 as Reception No. 438113 (the "Intergovernmental
Agreement ").
C. Pitkin County purchased the County Tract for the purpose of including the County Tract in Pitkin
County's Open Space and Trails Program, using its own funds and funds provided by the City of
Aspen and the Town of Snowmass Village. Pitkin County had submitted a grant request to the
State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") for reimbursement of a
portion of the funds Pitkin County used for the purchase.
D. The 1999 Conservation Easement allows the landowner to prohibit public access. GOCO
requires that a conservation easement be placed on the County Tract which permits public
access. The Droste Tract continues to be privately held and public access is not intended to be
required for the Droste Tract by the parties to the 1999 Conservation Easement.
E. Droste, Pitkin County and Snowmass Village wish to remove the County Tract from the 1999
Conservation Easement so that a new and separate conservation easement may be granted to the
Aspen Valley Land Trust, a Colorado non - profit corporation, which encumbers the County Tract
and other property, and which permits public access and includes other provisions necessary to
obtain GOCO funding (the "Droste Mountain Park Conservation Easement ").
NOW, THEREFORE, Pitkin County hereby consents to the recording of the new Droste
Mountain Park Conservation Easement that will encumber the County Tract and other property to which
this Consent is attached, and agrees that upon such recording (1) the County Tract is released from and
no longer encumbered by the 1999 Conservation Easement; and (2) any obligations under the
Intergovernmental Agreement that pertain to the County Tract are merged into the rights and
responsibilities of the County and Snowmass Village under the Droste Mountain Park Conservation
Easement, and the Intergovernmental Agreement is of no further force or effect as to the County Tract.
RECEPTION #: 581344, 07/2012011 at
Pitkin County/CountyConsent 2 01:11:53 PM,
1 OF 2, R $0.00 Doc Code CONSENT
Janice K. Vos Caudill, Pitkin County, CO
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO:
By: . r .. :P . J Date: `f/r f
George Newman, Comm sioner
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN ) µ
The foregoing document was acknowledged before me on July 1 c1 •, 2011, by George Newman,
Commissioner of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorao,o, a
body corporate and politic. • �,e "A"
A I
Witness my hand and official seal. �: y
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- . _
My commission expires: s ts. .gbmvG
110 P a_ Notary Public U /1 /�° � °�t.`
Recommended for Approval:
�<�
Y f or
Dale Will, Director, O Space and Trails
Pitkin County/CountyConsent 2 2
/ � f,md b G'c / /!1Cr /7 O- 33 - &/d
CONSENT TO REMOVE COUNTY TRACT FROM
1999 CONSERVATION EASEMENT
Wapiti Ridge Property
THIS CONSENT TO REMOVE COUNTY TRACT FROM 1999 CONSERVATION
EASEMENT (the "Consent ") is given this 19 fay of `v- \\ , 2011, by the Board of County
Commissioners of Pitkin County, Colorado (referred to herei as " Pitkin County ").
RECITALS:
A. The Deed of Conservation Easement granted to the Town of Snowmass Village and Pitkin
County, which was recorded December 1, 1999 as Reception No. 438191, in the records of the
Pitkin County, Colorado, Clerk and Recorder (the "1999 Conservation Easement "),
encumbered 503.296 acres of land, more or less, located in Pitkin County, Colorado (the "1999
CE Property "). A portion of the 1999 CE Property was conveyed to Pitkin County by deed
recorded on December 30, 2010 as Reception No. 576407 (the "County Tract "). The remaining
portion of the 1999 CE Property is owned by Bruce F. Droste, individually, and Bruce F. Droste,
as Trustee of a Trust for the benefit of Edward Droste and William Droste under written Trust
Instrument dated December 25, 1991 (the "Droste Tract ").
B. The 1999 Conservation Easement was acquired by Snowmass Village and Pitkin County
pursuant to an Intergovernmental Agreement Concerning the Droste Property between them,
recorded on December 12, 1999 as Reception No. 438113 (the "Intergovernmental
Agreement ").
C. Pitkin County purchased the County Tract for the purpose of including the County Tract in Pitkin
County's Open Space and Trails Program, using its own funds and funds provided by the City of
Aspen and the Town of Snowmass Village. Pitkin County had submitted a grant request to the
State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") for reimbursement of a
portion of the funds Pitkin County used for the purchase.
D. The 1999 Conservation Easement allows the landowner to prohibit public access. GOCO
requires that a conservation easement be placed on the County Tract which permits public
access. The Droste Tract continues to be privately held and public access is not intended to be
required for the Droste Tract by the parties to the 1999 Conservation Easement.
E. Droste, Pitkin County and Snowmass Village wish to remove the County Tract from the 1999
Conservation Easement so that a new and separate conservation easement may be granted to the
Aspen Valley Land Trust, a Colorado non - profit corporation, which encumbers the County Tract
and other property, and which permits public access and includes other provisions necessary to
obtain GOCO funding (the "Droste Mountain Park Conservation Easement ").
NOW, THEREFORE, Pitkin County hereby consents to the recording of the new Droste
Mountain Park Conservation Easement that will encumber the County Tract and other property to which
this Consent is attached, and agrees that upon such recording (1) the County Tract is released from and
no longer encumbered by the 1999 Conservation Easement; and (2) any obligations under the
Intergovernmental Agreement that pertain to the County Tract are merged into the rights and
responsibilities of the County and Snowmass Village under the Droste Mountain Park Conservation
Easement, and the Intergovernmental Agreement is of no further force or effect as to the County Tract.
RECEPTION #: 581344, 07/20/2011 at
Pitkin County /CountyConsent 2 01:11:53 PM, 1
1 OF 2, R $0.00 Doc Code CONSENT
Janice K. Vos Caudill, Pitkin County, CO
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO:
By: , r
Y _ . A Date: `7/1 yi j j
George Newman, Comm sioner
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN ) �t
The foregoing document was acknowledged before me on July ZOl 1, by George Newman,
Commissioner of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colortd,o, a
body corporate and politic. `�x`•‘ r`
eA Ac psi
4. �
Witness my hand and official seal. T
My commission expires: , qUgt,�G
//f' IPA `
Notary Public ' q' 'Is mi `,��
Recommended for Approval:
l\
Dale Will, Director, O i6eth Space and Trails
Pitkin County/CountyConsent 2 2