HomeMy WebLinkAboutbocc.con.135.2011 1111 IT,IMPAI MwRIY JCLOLM1.Wr/ N+ 11111
Reception #: 811516 RECEPTION #: 584791, 12/02/2011 at
1 Doc a Fee:0.00 c GARFIELD COUNTY CO 01 :14 :41 PM,
1 OF 11, R $0.00 Doc Code EASEMENT
Recording requested by and return to: Janice K. Vos Caudill, Pitkin County, CO
COLORADO CATTLEMEN'S AGRICULTURAL LAND TRUST.
8833 Ralston Road
Arvada, CO 80002 CONTRACT # / 35 -Vo(/
AMENDMENT TO
DEED OF CONSERVATION EASEMENT
FOR JEROME PARK RANCH
THIS AMENDMENT, TO D ED OF CONSERVATION EASEMENT this
"Amendment ") is made this 1-t day of 4e , 2011, by the NORH THOMPSON FOUR
MILE MINERAL AND LAND CORPORATION, a Colorado corporation, having its address at
4239 Highway 133, Carbondale, Colorado 81623 ( "Grantor "), and the COLORADO
CATTLEMEN'S AGRICULTURAL LAND TRUST, a Colorado nonprofit corporation
( "CCALT "), whose address is 8833 Ralston Road, Arvada, Colorado 80002 and the BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and
politic ( "Pitkin County "), whose address is 530 East Main Street , Aspen, Colorado 81611
(collectively "Grantees "). Grantors and Grantees may collectively be referred to herein as the
"Parties ".
RECITALS
A. Grantor conveyed to Grantees that certain Option Agreement for the Purchase and
Sale of a Conservation Easement recorded on 11/9/1998 at reception number 424346 in the land
records of Pitkin County (the "Option Agreement ").
B. Grantor conveyed to Grantees that certain Deed of Conservation Easement for
the Jerome Park Ranch dated August 15, 2007, and recorded on 8/15/2007 at reception number
541011 in the land records of Pitkin County and on 8/22/2007 at reception number 731420 in the
land records of Garfield County (the "Conservation Easement "), which encumbered 4,773 acres
of real property located in Garfield and Pitkin Counties, Colorado and further described on
Exhibit A attached hereto and made a part hereof (the "Original Property ").
C. The legal description of the Original Property contained a scrivener's error which
erroneously included a 5.36 acre parcel and a 5.24 acre parcel, as part of Lots 1, 2, and 3 of
Section 6, Township 8 South, Range 88 West, of the 6 P.M. in Garfield County ( "Erroneous
Inclusion Parcels "). The Erroneous Inclusion Parcels were not owned by Grantor at the time of
the Option Agreement and Conservation Easement and are not currently owned by Grantor. .
D. The Conservation Easement was re- recorded on April 15, 2008 at reception
number 548345 in the land records of Pitkin County and on March 19, 2008 at reception number
744880 in the land records of Garfield County ( "Re- Recorded Conservation Easement ") to try to
correct the legal description with an additional page excepting the Erroneous Inclusion Parcels.
However this re- recorded version was not clear as to its intent.
E. The Parties now intend with the grant of this Amendment to correct the legal
description for the Original Property subject to the Conservation Easement to exclude the
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Reeeption #: 811516
12/02/2011 04:34:01 PM Jean Alberico
2 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
Erroneous Inclusion Parcels and to invalidate the Re- recorded Conservation Easement. The
corrected legal description is further described on Exhibit B attached hereto and made a part
hereof (the "Updated Property").
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the Parties hereby ratify and affirm that the Conservation Easement encumbers the entire
Updated Property, as further set forth below, and that the Conservation Easement remains as a
perpetual conservation easement on the Updated Property, a vested interest in real property as of
the date of the Conservation Easement defined by Colorado Revised Statutes § 38- 30.5 -101, et.
seq., of the nature and character described in the Conservation Easement, as amended in this
Amendment. The Parties hereby agree to the following:
1. Exhibit A to the Conservation Easement is hereby deleted and replaced in its
entirety by Exhibit B, attached to this Amendment and made a part hereof, which is identical to
the original legal description of the Original Property except for its exclusion of the Erroneous
Inclusion Parcels. All references to the "Property" in the Conservation Easement are hereby
amended to mean the Updated Property described on Exhibit B.
2. All capitalized terms in the Conservation Easement shall have the meanings
assigned to them in the Amendment.
3. The parties agree the Re- Recorded Conservation Easement shall be of no force or
effect.
4. In the event of a conflict between the terms of the Conservation Easement and this
Amendment, the terms of this Amendment shall prevail.
5. The Parties hereby ratify and confirm this modification to the legal description of
the Conservation Easement. Nothing herein shall be construed to change or otherwise affect the
effective date of the Conservation Easement, and except as amended by this Amendment, the
terms of the Conservation Easement shall remain in full force and effect.
6. This Amendment shall be recorded in the real property records of the Clerks and
Recorders of Pitkin County and Garfield County.
7. This Amendment shall be effective as of November 9, 1998, the effective date of
the Option Agreement.
IN WITNESS WHEREOF, Grantors and Grantee, intending to legally bind themselves,
have set their hands on the date first written above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW]
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1111 P1 '4,IihIlhII 1114Iria141.10.1V.Wliiiii 11 111
Reception #: 811516
12/02/2011 04:34:01 PM Jean Rlberico
3 of 11 Rec Fee:$61.00 Doc Fee:0.00 GRRFIELD COUNTY CO
GRANTOR:
North Thompson Four Mile Mineral and Land
Corporation
By 1/�� -4-
y
Name: iI I & E. L, Fe, 1 P 5
Title: _ ?c e 5 , rvT"
STATE OF C 01 (ZP'(9O )
) ss.
COUNTY OF 1 l" l& L1 )
The foregoing instrument was acknowledged before me this l0 4 " day of 0■3 OJ tvn&A' ,
2011, by then i'A wivk_ , L. Fu,1(,5 of the North Thompson Four Mile Mineral and Land
Corporation.
WITNESS my hand and official seal.
My commission expires: My Commission Expires
August 4, Zu75
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Reception##• 811516
12/02/2011 04:34:01 PM Jean Rlberico
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ACCEPTED: COLORADO CATTLEMEN'S AGRICULTURAL
LAND TRUST, a Colorado nonprofit corporation
By ' 1.� '�►
Name: -AA.
�j2n�s .�. �• �.,k�
Title: acr�-z, i
STATE OF COLORADO )
) ss.
COUNTY OF s41
The foregoing instrument was acknowledged before me this 22_ day of 0o i t ,- ,
2011, by .4 3, • , as Se cre-, ' of
Colorado Cattlemen's Agricultural Land Trust, a Colorado nonprbfit corporation.
WITNESS my hand and official seal.
My commission expires: I 0/2_ (/2 01
Notary ublic
•
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1111 An P1 N LIN IWILiki 11111
Reception #: 811516
12/02/2011 04:34:01 PM Jean Alberico
5 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
A PTED: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
A. �
/. 2 . , 11 By: -/.
Jea e Jones / Ra , hel E. Ric P ards, Cr ai oman
Dep, ty Clerk and Recorder DATE: j d'
APPROVED AS TO FORM: MANAGER APPROVAL:
datifr
John Ely on Pe. ock
County • • me County Manager
•
RECO1b E ED FO ROVAL:
t c y
Dale Will, Director
Pitkin County Open Space and Trails
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this V day of ,
2011, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado.
WITNESS my hand and official seal.
My commission expires: G1 as f ac 1
S14 ., ,�''� Notary s , lic
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8111 I "♦ 10.1 1110 IilIPITA1, !Mt 111 14,1 IN 11111
Reception #: 811516
62ofz110Rec0Fee4$61.00 Doc COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
h ,`
The foregoing instrument was acknowledged before me this o day of l�fjVr
2011, by Rachel Richards, as Chair of the Board of County Commissioners of Pitkin County,
Colorado.
WITNESS my hand and official seal.
My com s so ,fires: (o `�1.3
Z.I OTAR}, e
• ' 'UBUG o = Notary Pubiii
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Schedule of Exhibits
Exhibit A Legal Description of the Original Property
Exhibit B Legal Description of the Updated Property
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Reception #: 811516
12(0212011 04:34:01 PM Jean Rlberico
7 of 11 Reo Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION OF THE ORIGINAL PROPERTY
SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY:
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 14:
W'/NW%4;EYNE%4;SW%4;SE%4
SECTION 15:
NE'/4;N% NW %;SE
SECTION 16:
NE %NE %4
SECTION 22:
E '/z
SECTION 23:
ALL
SECTION 25:
W' /zSWY4
SECTION 26:
W%; SE% 4;NW'/4NE%4
SECTION 27:
E '/z
SECTION 34:
NE %; E'/ NW Y4
SECTION 35:
NW %;W%NE%
COUNTY OF PITKIN, STATE OF COLORADO
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 3:
LOT 4; S'/z NW %; W'/z SE %; E'/ SW %; SW %SW %4
SECTION 4:
LOT 1;SE %NE%4
SECTION 9:
N' /zNE%4;SW%4NE %;SE %NWY4
SECTION 10:
SEY4;W%zNEY4;E%W %,SW%4SW%4
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1111 NAI 'hPIN1, 1041KlNii 11111
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12/02/2011 04:34:01 PM Jean Rlberico
8 of 11 Rec Fee:$61.00 Doc Fee:0.00 GARFIELD COUNTY CO
SECTION 11:
S %2 SW %4
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 33:
S' /2SE%4
SECTION 34:
SW %4 SW 1/4;
ALL THAT PART OF THE E' /2 SW 1 /4 AND THE W% SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH,
RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WEST LINE OF THE SE % SW 1 /4 OF SAID SECTION 34 WHENCE
THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET;
THENCE S 89 °41' E 508.13 FEET;
THENCE S 56 °19' E 170.63 FEET;
THENCE S 53 °48' E 109.88 FEET;
THENCE N 60 °25' E 130.84 FEET;
THENCE N 32 °26' E 245.12 FEET;
THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH;
THENCE N 89 °32' E 533.82 FEET;
THENCE N 26 °59' E 162.40 FEET;
THENCE N 03 °15' E 392.60 FEET;
THENCE N 08 °06' W 387.66 FEET;
THENCE N 58 °05' E 84.60 FEET;
THENCE N 66 °24' E 412.78 FEET;
THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W 1 /2
SE 1/4 OF SECTION 34.
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M.
SECTION 5:
THE WEST TWENTY -ONE (21) ACRES OF LOT 4,
SECTION 6:
LOTS 1,2, AND 3,
COUNTY OF GARFIELD, STATE OF COLORADO.
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12/0212011 04:34:01 PM Jean Rlberico
9 of 11 Rec Fee:$61.00 Doc Fee:0.00 GRRFIELD COUNTY CO
EXHIBIT B
LEGAL DESCRIPTION OF THE UPDATED PROPERTY
SURFACE RIGHTS ONLY IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY:
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 14:
W'// NW %; E %2 NE'/4 ; SW %; SE %
SECTION 15:
NE %;N% NW %;SE%
SECTION 16:
NE 1/4 NE 1/4
SECTION 22:
E
SECTION 23:
ALL
SECTION 25:
W 1/2 SW 1/4
SECTION 26:
W %2; SE% 4; NW%4NE%4
SECTION 27:
E %2
SECTION 34:
NE%4;E' / %NW%4
SECTION 35:
NW %;W' /2NEY4
COUNTY OF PITKIN, STATE OF COLORADO
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 3:
LOT 4;S%2NW%4;W' /2 SE' /4;E' /2SW'/ 4; SW%4SWY4
SECTION 4:
LOT 1;SE%4NE%
SECTION 9:
N' /2 NE 1/4; SW' /4NE%4; SE %NW%
SECTION 10:
SEY4;WYNE%4;E %2W %,SW%4SWY4
SECTION 11:
S SWY4
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TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6 P.M.
SECTION 33:
S %SE' /<
SECTION 34:
SW %SW%4;
ALL THAT PART OF THE EY2 SW 1 /4 AND THE W /2 SE 1 /4 OF SECTION 34, TOWNSHIP 7 SOUTH,
RANGE 89 WEST OF THE 6 P.M. LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WEST LINE OF THE SE % SW % OF SAID SECTION 34 WHENCE
THE NORTH QUARTER CORNER OF SAID SECTION 34 BEARS N 16 °04'E 4589.52 FEET;
THENCE S 89 °41' E 508.13 FEET;
THENCE S 56 °19' E 170.63 FEET;
THENCE S 53 °48' E 109.88 FEET;
THENCE N 60 °25' E 130.84 FEET;
THENCE N 32 °26' E 245.12 FEET;
THENCE N 26 °04' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH;
THENCE N 89 °32' E 533.82 FEET;
THENCE N 26 °59' E 162.40 FEET;
THENCE N 03 °15' E 392.60 FEET;
THENCE N 08 °06' W 387.66 FEET;
THENCE N 58 °05' E 84.60 FEET;
THENCE N 66 °24' E 412.78 FEET;
THENCE N 75 °33' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W %Z
SE 1 /4 OF SECTION 34.
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6 P.M.
SECTION 5:
THE WEST TWENTY -ONE (21) ACRES OF LOT 4,
SECTION 6:
LOTS 1, 2, AND 3,
Less and except a 5.36 acre tract of land situated in the N'h of Section 6, Township 8 South,
•
Range 88 West of the 6 P.M recorded at book 820 page 952 in the land record of Garfield
County more particularly described as follows:
Beginning at a point whence a brass cap found in place and properly marked for the South
quarter corner of Section 31, Township 7 South, Range 88 West of the 6 P.M., bears N. 11
degrees 31'13" E. 1238.79 feet;
thence N. 51 degrees 00'27" E. 727.96 feet;
thence S. 20 degrees 13'52" E. 544.07 feet;
thence S. 82 degrees 41'26" W. 622.22 feet;
thence N. 46 degrees 05'56" W. 189.92 feet to the Point of Beginning.
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Also less and except a 5.24 acre parcel of land situated in Lot 1, Section 6, Township 8 South,
Range 88 West of the 6 P.M. recorded at reception number 440084 book 844 page 252 in the
land record of Garfield County and more particularly described as follows:
Beginning at a point whence the Northeast Corner of said Section 6 bears S 89 °42' E, 132.39
feet, said point also lying on the easterly line.of the Snowmass Coal Company access easement
(90 ft. in width); thence along said easterly line S 58 °19'09" W, 99.61 feet; thence along a curve
to the left 476.10 feet having a radius of 671.20 feet and a chord that bears S 37 °59'54" W for
466.18 feet; thence S 17 °40'41" W, 357.11 feet; thence departing said easterly line S 89 °22'10"
W, 249.81 feet; thence N 15 °55'37" E, 793.04 feet; thence N 89 °33' E, 210.5 feet; thence S
89 °42' E, 301.89 feet to the Point of Beginning.
COUNTY OF GARFIELD, STATE OF COLORADO.
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