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Home My WebLink Aboutbocc.con.058.1997 , ____ ----� _......^_ _.,.. �; : '� /�Cl�/S �' AF��f_=�? ��x, t _ l.. ( / GY ��`�;<", 7Le M1�fN V�d1W�form ha.s been�PWmed h'I � ./f � �3 i � .f":tiy..,�: tMe Colomds Rpl Eelale Gwmlaatoa.(CBS SC-R95j �7` � ��':,i�:.... w � TfitSFORMiIASIMPORUNiLEGALCONSEQUENCF4AND7'FIEPAR'f1FSS110UiDCONSU471ECALANDTAXOR07'f1ERCOUN5ELBEFORESIGN�NC. - ' -Y YACANT LAND/FARM AND RANCH :� CONTRACT TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS OMITTED) . �:�� April 30 ,1997 ' . + t.PAATIESANDPAOPER7Y Board of County Cotmlissfoners af Pi 7n oNnty, o ora o � .twYeds)IeuYerL ) a�eees to buy,a�the undersigKd uikr(s)[Sellu],agrtes to sell,oe ihc tums and crnditions ut forih in this rnntrxt,the foilowing described ml � - es4te in the County of P i tk111 .Colorado,to wit: ,4,,�.�- . See Exhibit A attached hereto and inwrporated herein by reference. . �� vacant tand ` S4ctAddra Cib Swe Zip � !� i r .... .: � to�ther with a11 interat of Selkr in vuated strals and aileya qdJ�nt ihaet4�axmenis and otha appunonanas thercto.all impmvemenb .. � � tbereon sod all attached fixlures Ihccmn,ucept u haein acluded(edlepivdy the ProputYy. - . t i 7NCWSi(HYS/EXCLUSIONS The pnrchase price iMludcs the tdlawiag items(s)ila�tac6ed to Ibe Propaty on tbe dale of ihis con• � � tract:lightin heatin ! & &P�umbing,ventilriiog,and air conditioning fiaWres,TV antennes,water softencrs,smokd(rclburglar alarms,security 1 ' devias,inside tclephane wiringand wooeqing blac�acks,plants.mirtors,tloorcoveriogs,intercom systems,buill-in kilclKn applianca,sPrinkkr � j syslems aud coovols,built-in vacuum systuns(includiog aooessories),aod garagc door openers induding remole controls;(b)if on�he ProperlY w6ether attu6ed or mt ou the date of this conlncc stmm wiadows,stom�dmrs,window and porch shades.awnings,blinds,xrans, c 4 mrtain rods,dnpery rods,lrcplaa ioserts.fi+eplaa scmns.Lteplaa gra�es.heatin8 stoves,sturage sheds,aU kcys nod(c)� � N/A � 1 i � . t. (a)w.ter xtQea purc6aze vrioe to iocluae the fouowieg wa�er rigMs: None - j - i . 1 i i. (e)C�owia8 CmV+� WiN respect m t6e B�oB aoPg SeOv and Buyer a&�u Cdlowz �N/A r. � I IIIIII IIIII Illltllllll IIII!(IIII IIIIII III11111I111 llll � ; � l�ofe3 R�0i00 D9 0,00�N30,00NPITf10CIN COUNTY CLERK } � p 1Le abovedaetibod ioeluded itaos(loclusions)ue to be cooveyed W Buya by Sellv by bill of sak, N/A dad or other aDP�iabk lyal iosUUmrnt(s)at the doaiug,fiee and ekar ofaC tues,liem and encumbrances.ucept as provided in Section 12 The ' ' � fdlowing atWC6ed fixtura ue eecluded Gom this salc None Y ` � �. 3.PUHCHASE PR[CE AND 7ERMS The purctiax price shall be f 60,120.00 ,pay�yk yo US ddla�s by Buya u � � �� , � ldiowx(CamPkte tbe applicabk terms below.) . G1 -� � = , (�)E�rees�Mmq. � F I . � S -�' iu the(mm of N/A .as eamert money deP�t aod Vart payment of t6e wrchau = � . � pria,payaWe to aod held by N/A � .broker,in iu uuri � V i . aaaunt on behalf of both Seller aod Buyer.Brol�v is aulhociuA to deliver the earnat monry deposit lo lhe clnsing agent,if aoy,at or beforc closin& �W Z �yya��S 60.12D.00 (p��ebase Prim less earoest mooey)shaU be paid u Cdbws: ��=Y � . , (b)Cas6�l Cbsto�. �_.~�. !�. � s 60,120.00 ,plus closing cos(s.lo be paid by Huyer at closiog in funds which oomplY Ni[h aU appliubk Colorado laws.which �O 4 1' . � iurJude cas14 ekctmnic�nesfa lunds�ealified check savio4s and loau tdla�'e cdecic.and e<sbia's c4eek(Good Funds). �O m �. . . �M� , 'N/A ' �mZ . �� • �mm � I.F[NANCING COND61DN5 AND OBLiCAT10NS. =r,� • _, �p 0 FINANCINC TERMS,CONDIT[ONS AND 06LICATIONQ PERTi►MINC TO SECTIONS 3 AND 1, ��m '. ARE ATTACHED BY REAL ESP.�TE COMMISSION APPROVED ADDENDUM AS FOLI.OWS:(thect as npplicabk) ��„ai 0 � ❑Tlew C.oan —n� . . ❑Assumption �0� � � ❑Seller or Private Third•PariY fiosoei�g �W� . ' . �m 0 ' ��f� • N4C&SSC-9-95. VACANI'I.ANDIFAIMANDtANC1IIXINRACI'700UYANDSELLtF.A1.E5TA7F.(FLude�Sec/lw� @'i� .._;:,�:, • Bndford PuWuAi�,1713 Wux 54.Dromr.CO t0202—(703)291•2300—7-95 PaSe 1 uf I .. . • . � HM . . . y,,.,,�,_._. __-.—__. _ __.-- . . , . ��..7 � . �.. .. . . ' . " ��•` T , � � �:': 5.ANPRAISAL PROVISION. (Chcck onty onc box.)This Sation 5 qshall �sbafi nW apply. �x+ } If this S�xtiun 5 applics,as indicslctl ubovt,Buyct slmU bnvc thc snlc oplion anJ cicclion to Lcrminule Ihis conlract i(thc purchuc price cRCCCtis i(x--�� thc PrnpcnY's vnlualion dclvmined by an apyraisu engagcd bY N/A .� y�.. mrtnG shall terminate by�he Ouycr ausing the Sctkr to receive written�atioe of twmination and a copy of such appraisal ot writ�cn ao�ice Gam � lender which mnfirms�he PropenY's valuation is kss Ihan the purchasc price,on w bcfwc `t:;!= .• (Appraisal Deadiine).itShca doa nol roecire such wriUen notice of terminalion on or bcfore thc a raiasl dpoline,Bu �� PG ycr waivcs any right to ,� . tcrtninale uader lhis sec(ian. .��..r. 6.COSf OF APPRAISA4 Cpst of any appnisal b be obtaioed a4a Iht date of�his contrrct sM1all be timety paid by N/A ' . . 7.NOT ASSIGNABI.E. This oontrnct sha11 twt be assignabk by Buyer without Sc11erY prior written conunt,Exeept az w reatriacd,this ,�`� � wmma shal!inurc to the b:xfit of and bc binding upon the heirs,personal repreuntatives,sucocssors and azsigns of�hc pactics. ,, B.EVIDENCE OF TCfL& Scller slull Curnish w Buycr,at Sellak expense,either a curtent canmitmeet farowncr4 tiAe inwra�e pWiey in ��s,�.�� an amount equal to the purchase pria or at Sellet's choia,an abstract of titk oenifiM to a currrnt d�te,on or beturc 10 days from Sel l eM s '� ' execution hereof ! �-.p. � �tk Dwdtine�. + If a titk insuratroe rnmmitmrnt is Nrnished,Bayer may requirc of Ssller that copiu of instruments(or abstructs oP inslrumerts)listed in tAe �i-` sclKduk of uaptions(Exceptions)iu�he tiUe insurance commitment also bc furnished W Buyer at Selier's apense.This rcquirement shall penain 4t , , . ��Y��+m�nts shown of record in the oflia of ihe ckrk and«corder of the daignaced caunty or courtlia.77rc titk insuranx commitmrnt, � - mn f; together with any copies or abstracl5 of inummcnts furnished pursuant to this Section 8,�nstiw�e Itu 1i�k documenls(Ti�le Documents).Buyer,or . _ Buyer's designa,must rcquai Sella,in writing,m furnish copia ot abstmcts of ins�ruments liricd in the sehcduk of ezceptions oo(atcr than '�. � . 3 akndar days aRer Titk DeadliM.)f Seller fumishes a title insurance commitmenb Sdkr will pay the premium at closing a�have f'r`� Ne title inwrance pdiry delivuM to Buyer az soon as praclicable afler closin& 1: 9.TITLE. �� (�)7't�le Redea. Buyer shall have thc rigM lo inspect the Titk Daamenu m absttact.Writtcq notice by Buyer af unmerchantability of tide or �� of any atticr unsatisfaaory titk caMi�ion shown by the Tilk Dacuments w abstrx�shall be signed by or on brhalf of 6uyer and given m Sotkr on or � bcfarc�_cak�ar days aAer Titk Deadline,or wilhio five{5)ealrndar days a(�er ceaipt by Buyer of any Trtte Doeument(s)or endorse- s^�'- ment(s)adding new Eaception(s)lo lhe tilk commilment(oge(her with a copy of[he Titk Documepl adding oew Exaption(s)to title If Scller does _ oot reeeive Buya4 nWice by the date(s)speci6ed above,Suyerawryts�hc condition ottiik as dixbsW by�he TiUe Documents as satisfaclory. ��' (b)Matlen Not Showo by Ibe Pa6lic Records Seller sha11 deliver to Buyct,on or before tF�e Title Deadline set foAh in Section 8,true copies of ��j att Icase(s)and wneyts)ia Se�ltttt's posttssioq pertainiag Io tbe Property and shall disclose to Buya aIl tas�me¢ts,liens or other tide mat�cts not � �aW�+bY��WW�cravrdsofwbicbSelkr6uanualknowkdgaBuyershatlhavettxrighltoinspatlheproperryladatamineifanythirdparty(s) f:� has aay rigLt in the PropatY�shown by the pu6lic rxords(such as an unrecoided eaxment,uneernrdod leax,or poundary line diserepancY} • Writttn notice of any uns�sf�t��p�ion(s)dixloud by Scllor or rtvealed by such inspectioa shaU be signed by or on behalf ot Buyer and giv�n to Selkr m ot beforc arn�i�t n hy $pl l n ,�9 97 .If Selkr dou nW raeive Buyer's notice by said date,Buyer aaxpls tit�e subl�a such rtghta,ilany,olthird parties d'which Buyer has actual knowkdge, (c)SPt(3a�'faring Dlshkts. SPECIAL T�XING ULSlRIC15 MAY BE SUBJECf TO CENEpAL OBIICATION�NDEBTEDNFS$TIIAT 15 PAlD eY AEYE- NUFS PRODUCED FPOM ANNUALTAX LEVIFS ON T116 TAXABCE PHOPERTY Wfl7{IN SUCH U7S/'RK'[5.P110PERTY OWNERS IN SUCll DLSTRI(.'IS MAY BE PLACED AT ql$C FOR INCNEFSfD MILL IEVIFS AiYD F7CCFS5lY6 T,UI BURb6f�S TO SUPPOpT Ty1C 56RVICINC OF SUCII DEBT WIIEBE CIACUM• � STANCES AlILSE NFSULiiNG M THE/NA&l.�IY OF SUCU A D151'A1CI'70 DISCHAPCE SUCII W DEBTEDNESS W ITIIOUi SUCII AN INCNEASE IN MILL ILEVIFS.BUYER SIIDULD INYESTICA76 7llE DPbi F7NANCING REQUIPEMCNIS OF 711E AUCIfORIZEO GENERAL OBLICATION fNDEB7EDNPS$pF SUCH DLSfA1C15�E7(Lti7R1G MILL LEVIE$OF SUCII DIS(RI(.T SERVICING SUCEI INpEB7EDNE55�AND THE PO'iCNT7AL FOY AN INCAEASE IN SUCF7 � I MILL 4NIE5. [n the event thc Property is lacatal within a spcciat ta;eing distria and Buyer d�sires w lerminate Utis contnn as a rtwlt,if wriuen notice is � � givea ro Selkron or beforc the dale ut fonh in w6xnion 9(h),this coMract shall thrn tecminata IfSelkr does mt raeive Buyer s notice by the datc ' specified above,Buyer aecepq 16e elCect of the Pcoyehy s inclusion in suc6 specW tazing distria(s)and waives the right to w terminate (d)RIQht lo Cum ff Selkt receiva notice of unme�ehantability of titte or any oUrcr umatisfaceory titk condition(s)as provided in wbsection(a) or(b)above,Setler s6a11 use reasonable eltort ro carrect said unsatisCmory titk mndilion(s)priur ro tfie dam of cbsing If Sella fails to wcrect caid �j unsalisfaclory liUe caeditioa(s)On a beCore the dale ot dosin&�his contrect shall lhen tamipalr,provided,however,Buyer may,by written noda �S� rcceiKd by Sdkr,on or lxtore cbsing,waive objwion to said unutisfaaory title condition(s). � . 10.INSPECI'ION. °�::,�p,�—••�a-a••••-,�"......•�,-s.•- M/A �,i � � ' .Buyer or anY designee.shell iwve the rigbt to 6ave inspettion(s)of the physical condition of thc Property and Indusions,at Buyer'z upense.!f wrUten naoice of any unsatisfaaory �� COIIAIt1011.SI�CE Ily Of ql OEA3ICO�B4pGf IS OOI 1lCCIYC(I by$CIIGt Oq M IX�OtG May 16 .19 9�(Objectioo �� —� Deadlioel,the Physical eotdition of the Propeny snd laclusions shaU be dcemed to be satisfactory�o Buyec[f such notice is received by Sellttu set i � i�`�� ' forih abws,mA if Buyer and SHkr have oot apjeed.in writing,to a utdement theeeofon or bet'ore NaY 16 .19 97 �= Z �'� . . . (Resolution Deadline).this contnct s6a11 tamioate�hree Wendu days fallowing�6e Raolution DeadliM:unless,within the thra cakndar days, �� Y' � .i... Selkr rxava written ootia Rom Bu}ec waiviog ohjectjoo Io any unsatistactnry condLion.Buyv is responsible Cw and shall pay for any damage. -� V p � 1 whieh occurs to the PropeRy aod tnclusions u a rauA of such ins{xction. � �V w 11.DA7'E OF CLOSING. Tbe date of closing shall be �ay 2D ,t9 97,or 6y mumd ag2emcnt at ae eadier �� data7luhourandplaceofcbsingshallheazdaigpalcdby mutual agreement of buyer and seller (see Section 211 , ��►�n�. j � 12.TRANSFER OFTITL& Subjec[to lendcr or paymcnt at closing as rcquired berein and compliantt by Buyer with the other terms end �o m 1 provisionsBuw�SelkrshallaavieandddfveragoadandwR»eieat�Aecial warrantv deedioBuYer,onclasi�, =a� - . w �: conveyiug tde Property Geeand clrar ofell ea�ca aecept ihe gce�cral taxcs for ihe year ofc(osing,arM eucept at l matters of record ��w� as described in the Title Commitment �0 z ' .7itle shall be convey�ed t�ee arid clear otall liens for special impfovements N!61 . iostalted as of l6e date of BuyerY signaturc hercoq,whe[!rcr assesscd or not;uccpt(i)Jis�ributioo ulility easements(i�luding cable Tt7,(ii)those ��m : � matten mAMed try the Titk Docume�us ntcep�ed by Buyer in aaotdana with su6settion 9(a),(iiil�hose righta.i(anY.of ehird parties ie 1he �m� . . ProDenY na shmm 6y tbe Pubtic records iu aaordaMe with subuct'w�9(bl�(iv)inclusian of 14e PropMy withirt any special laxing distrin.ard(v) �� wbjat�o building wd zooing regutetions ��p B . 13.PAYMENT OF ENCUMBRANCFS. Aoy encumbnece required ro be paid shall be poid at or beCwe cbsing(ram tBe Drocads ofthis `��m �, . . tnnunionorfrom�vyott�ersouu. 1��a� . 1/.C1ASlNG COS7S,DOCUMEN75 AND SERV[CES, fluyer an4 Selkt sAell p►y,in Cood Fueds,their rcpective clming tobs and iJI q� � � Wda imms«quired to be yaid at closing,ucept u o�hefwix provided 6aein.Buyer and Sdkr shall sign and compkte all customary w requited =e O �documents at or before elosing.Fas far ral eslate Mosiag zervias shall mt uceed S 2D0.�0 a�shaq 6e paid at closing by _�e p � one-half each by buyer and selier. �I . • ,i No.C�SSG9-95. P�Se 2 ot4 U �1��1�1��III�'�"�li!'��'I��I�'I I(I�'�(I�I'��II'I I�'1 . . �, �04688 09/19/1997 02tS3P CONTRAC7 2 of S R 0.00 D 0,� H@,00 P2TKTN r!rn�urv rvr.... , �.i � ..._ J _ .. — ---._ .� _— __ __.. . _ ,:. ;-.: I IIIIII 111tl I�I��t I��n uir un��ui�n ill��i��uii idri = . _ � �, 4eaeee esiisise�� e2:s� corrraacr � � .. 3 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �::>�r'� -- - - A^y :s, z,;,:,::C', •xNd(lacal lnnskr taz ' s6a11 be paid at dosing ' � • bY buyer N/A ,pny saks and use tax that may amue beuux of this tlanmctioe shell � be paid when due by . IS.PRORATIONS. Cenualtaxafatheynrofclosin&baudonthetaxafortheealendaryearimmedia�elyprecedingdasing,rcnta,wala , � 'L;, endxwereha�ga,ow�r'ssssacia�iondua,anQ(ntaatoneontinuing(oan(s),ifsny,and other eustOmary prorations ' s6e11 be prorn�ed�o date of closing � � , „ 16.POSSFSSION. Posussioo oC1he P,operty shell be delivaed to Buyer az fdlows: at datE of del i verv of deed .c . � ,mbjat to the following kase(s)or tenaney(sr :'�� 'r; .If Seller,after dozing,fails to deliver possession on the date hdein spcei&4 Selltt shall be subject to eviaion�� f�� ' shdl be additibnaily liable to Buyer for paymmt of S H/e ptt day fian the dete of agreed possessfon mrtil posstssirn is ddivered. �,.:;r•~: �7.CONDI770N OF AND DAMACE 70 PROpERTY 6ccepl es othpwix piwided in ihis eontract,the Property a�M Indusions ahall be � . delivefed io the mndi�ion aisting at of the date oCthis contract,ordinary wear and tear ucepted.ln the evenl ihe Propeny shall be damaged by 6te ��.�, . or othercamalty prior to time ofebsing,in ao amouM ot�mom than trn perceot of the tMal purehue price,Selkr sYwD be obligamd to repair the � _ same before tAe date of cbsing In the event wch dama�is oot rcpaired within said time or if tMe damaga accecd such sum,ihis rontmcl may be - � taminated al tht oplion oC Buyer.ShouW Buytt elect to carty out this contract dapile sueh damage,Buyer shall be rntitkd to credit for af[ihe . - insunnce proceeds resulting Gom sueh dama6e to Ihe Propeny and Inclusions,not aaeding„however,the total purchax pria.Should any Inclu- i . ,. sioo(s)or service(s)fill or be damaged betwan tYK date of this co�trad and the date of cbsing or ihe date of possession,whiehever shall be eariier, '�' - � ehen Shcer shall be liabk fw the�epair or replattmeot of wch Indusion(s)w servia(s)with a unit of zlmilar sizq age and quaGty,or an equivalm� � � crcdi4��ssanYiusuranapruttedsraeivedbyBuyercoveringsucheepai�orreplmmeM.TheriskofbxaCoranydemagebgrowi�cmps,by6nor � aha cazualty,shalt 6e bame by the party rnGtled lo the growing cmps,iC a¢y,as provided in Sation 2 eM such parly shall 6e mtiUed to suc6 '�1 j'_j� iosurance o�ds or benefifs for ehe grow;ng crop,,if any. f 1&TIME OF FSSENCE/REMEDIES. Time is of Ihe essentt hercd:lf aoy note or checic received ss eamest money hereu�er or eny other �`,� paymrnt due hercunder is m[paid,leonored or lendead wbro duq w if aqy otha obli�tion hereundu is nal performed or waived az haein ' prmided.thae ahall be ihe fdlowing mnedia: �a�� (a)IF BUYER IS IN DEFAULT: .7i (G1�alc aae box only.l ❑(1)SpeciBePerforw�na. ';I Sclkr may ekcl to Ireat thii mnt2ct a+ian¢ped,in which esse ill psymeott and tAings of value rcaived Aaeunder shall be forfeited and rctained on behalf of SeDa,and Seller may Roover such damega as may be proper,or Se�er may elett m treat this conlnet as being ia fuU . � forte and e(fect aed Seikr sheit have We right to spxifie pafmmaua or dama�es,or both. � �(2)Liaciddd Mmoga. All paymeols and ihiogs of value�eaived hercunder shW be forfated by Buyer and rctaioM an 6ehalf of Sdkr and bolh panies shall . theraftv be released from all obligationa hueundec It is agrad t6at such paymrnet and thin�of value arc LIQUIDATED DAMAGFS aiM � ' (uap�u provided in mbsection(c))are SELLEitS SOLE AND ONLY REMEDY(a Buyet's failwe W perfrnn the obligaUona of this • � comruY.Selkr ecprcssly waiva the mmedies oCspeafie paformartcc ard additbna!damages. . (6)IF SELLER IS IN DEFAULT: �: . Buyer may e1M to treat this caMrec[u cancdled,in which nu all .� payments end things of value raeived hercunder shali be relurned and Buyer may txover such damaBes u may be pfoper,or Huyer may elect W treat this 000lnet at ixing in full faa and effect and Buycr . � shall have tAe right to specific perl'amaeKe m damaga,or both � (c)COSTS AND EXPENSFS. . Mything to ihe mntnry haein notwithstanding,in�he evrnt of any a�bihation or litigation arisiog wt of this conuaet,lhe azbitntor or � court shall awerd to the p�evailing putY all'easonable oosls and apenus,iocludiog auomty feex �� 19.EARNEST MONEY DiSPUIE. Nolwithstanding any trnnination oC lhis conteaU,Buyer a�d Seller agree ihat,in ihe event of any � i cantrwersy�tding the earnm money aod lhings of value Aeld by broker or ebsing agrn4 unlea mutual wriuen instructions a2 tarived by�he hdderof Ne earnest ma��ey and thingt of valuq brokerorclming agent ahall rtot be rcquited to lake any aelinn but may avnit anY Pmceedin8.�at .;� � broker's or closiog agenCs oplion and sole discretion,may interpkad all pania and deposit any moneys or t6ings of value inlo a court of tompeteW juritdiction and ahall rtcover coun costs and mawnaWe attorney fees. '� 20.AL7'ERNA7IVE DISPIT[E RESOLUT70N:MEDIATION. If a dispute arises relating to ihis rnntnct,and is not ruolved,the partia -i'� and 6mkn(s)imolved in such dispute(Disputants)shell first proceed irt good failh lo submil the matta lo tnediation.TLe DispuUnts wi0 joinlly ��{� eppoiM an aarptabk mediator aod will share equally in the mst otsuch mediation.ln ihe event ihe enlire dispule is nd resdved within t6irty(30) �'�` akndardays from ttie date writtrn notia requesting medietion is unt by oM DisDUUnt lo Ihe o�ha(s),the mediation,unlas Olhvwlst ag,ted,shell . � - , tumimte This sa1ion shall not alla any datt in this tonttacl,unias othmvix agreed. � �:( , 2I.ADDITIONAI.PROV ISIONS: (Thc Iaogua�e of these additiooai ptovisions hu not been approved by the Cob�ado Real Eslate Commis�ioaJ ` � �� ... A. This contract sball close.9mmediately.prirr tocertain Purchase and Sale Agreement between � seller, buyer and the Aspen Valley land Trust relating to a sale of a conservation easement � Z � ' by seller. To the extent that the closing date of the sale of the cnnservation easement is � � later than the closing date descrlbed in Section 11, the later closin9 Eate shall apply. � � —w z B. The actual purchase price shall be ad�usted to reflect the actuat acrea9e being conveyed =�� ,• multiplied times S9.ODD per acre. ---�m �om r i�0 ' �mZ —Pl B =B B �W B ��O � �\m ��B r� • , ' _��a ��K . �p N � . �—'__' � ��O ��k,.CBSSG9-95. Rge3of4 `�� • � . 1 • k.. �.�-�'�'. "' —...__.'_ ' . a.) ` � - . .�,� ��,, , ��'�� '. ;s,�:?.:. ��. '?":�f;`'ryik:: '�. �;,- .J, ,�. � .� �_;�...'�, � �::�i." . � . I.:..� i. �. .. . .. HA ''� � 22.RECOMMENDA770N OF LECAI.COUNSEL By signing t6it documt�nt,Buyer and Seller ecknowledge tlut the Selling Company or �� . the LisGng CompanY Yus advixd that this documen[has impaunt kgat coauquenca and hm mommended tlu aaminalion of tiqe�nd mnsulta- I� . tion witA leget and tac orothttoou�reel bcforc signivg this coMrut "�t �re ' � 23.7'ER111[NATION. [n lNe event Wis coMnd is taminated,all paymenis e�W Ihings of value iaeived Memunder ahell be rcwrned and ihe `I partics shaR be rclieved of all obligations htteundu,subjat to Section 19. ;f 24.SEI.LINGCOMPANYBROKERRELATIONSHlP. Theullingbrokcr, M�A � N/A .aM its salapersons have ban mgaged ss N/A , Shcing Company hu prcviously disclosed in wriliag to the Buyer tha!diBerent rdalionships are avaiLbk which indude buycr agncy,sella agency. w6apeneg or tranmAionbroker. 25.NO77CE TO BUYER Any em�ice to Buyer shail be eR'cctive when rcceived by Buyer,or,if ihis box is chxked C1 when feaived by - Shcing Company. � - . 26.N077CE TO SEW.ER My notia to Selkr shdl be eflxtive whcn ruxived by Selkr or Listing Company. -{ . � 27.MODIFICATION OF THIS COMRACI: No subaequent�ewdi6cetion olany of We tams of this conteact shalt be valid,bindi�upon =�� , the parlies,or enfaceabk unkss made in writing and sipied by the paAia. - _ 2&ENT(RE ACREEMEN7: This contract constituta the rntl�e oondact 6etween the parties mla6ng ro Ne subject herwf,ard any prior � eyeemenLt pertaining thercto.whethtt o[al or written,hm beto me,ged aod inlegnled into Ihis co�xL � 29.NOTICE OF ACCEP'CANCE:COUNtERPAR'[5. This pmposal shall upire unkss aaepted in wriliog,by Buyer a�Sellcy u evi- � . denad by tlxir signetures below,and the dfering party'eaxiva nolice of such ac«ptana on or befine IAa�r 16 , 19�_(Acaptenee Deadline).If xaDted,this do�vment shall become a toetnet betwan Sdkr and Buyee A copy of this dowmrnt mry bt . aewted 6y uch PartX separa�eiy�and w6rn eaeh psrty has executed a wpy thereoC,such oo0ies takrn together shd!be daaxd to be a fWl and ��! ' mmplele coqlnct bclween aflils. .� BOARD OF COUNTY SSIONERS OF PITKIN COUNTY, COLORADO �I,1 a""`g.� w�-S��(' �9Qrw`a^,.. e"'c ' `�x Date of Buyer's sipntum J '�� •� ,l9 9� Dale of Buyer's signsime ,19_ Y K Buyer'Addras 530 East Main Street, Third Floor, llspen, Colorado 80611 � � -��. ` t► DART AMILY PA NE IP, TD.. , a Colorado limited partnership � F �I' � - -1 �1` _ � ` � 0 7; ' � �`,�,—By:...tane7-3i-G, Dart, General rtner � �� '.N 1.1 �1NNt(.1 '`_ — i, . . 17a[E o[Shcer S Siyuwt2 ,19 97 Dam of Seller s signalwe ,l9_ —V�.Z. ..� . -Z M Sella'sAddras A66 P�'t-a�nn Dr1ve. Analder_ CO_ 80303 �M� _ �OB :�C.'+�' ITrc undcrsigned BrokeKs)acknowledges rxeipl of the ameri money deposit speci6ed in Senion 3,and$eliing Company con6rms ils Bmktt � ��= RelatioashiD as sel forth in Section 24. =�Z . . � �1 ��m . � SellingCwrtpany N/A =BB '. . . N.meaoaAdd�m =1�0 Y: By. �OI� 'i ' 3iwnuc o+u ��9 ��o . ��m I.istingCompaoy N/A �� . . , P4mcamAda:m =0K , B�" .19 �r � ' D�!e �� . N07'E:Qosioglmdadbrs sLurll be algnM a:f6e Uwe t6Ls:osl»M's sl�ned. �. . . NaCBSSG9-95. P�QeIof4 I IIIIII IIIII IIl111 IIIII IIII Illlll111111I11 llilll1111111 4B46B0 03/19/1997 02:S3p �p►�Rq�T • 4 of S R 0.00 D 0.00 N 0.00 pIn(IN COUNTY CLERK . �x, ---^— --— • ` . , di �--- _�_ �_ _.__ � I Iltlil fllll 111111!lIII flll 111111111111 Iil f1iA llll ilil C`�j� =�� U ��;�Y°�� 404871 0'3/19/1997 01:01P CONTRiiCT "a�.: :,��, 1 of 39 R 0.0@ D 0.@0 N 0.00 PITKIN COUNTY CLERK �r`�',.'i< :�,. �ONTRACT FOR PIIRC8g68 AND SALS OF A CONSERVATION EASEMENT •� `' DATED: March 18, 1997 �=;�`" �'• ,. ti. :r' ; . . . . ,' 1. PARTIE� AND PROPERTY. Pitkin County $odtd Of County - Commissionera ("Buyer") agrees to buy and the undersigned Dart �;'<. ' , Family Partnership, Ltd., a Colorado lfmited partnership {�'Se11erN) agrees to sell, on the terms and conditions set forth in this Contract, a Conservation Easement over the real property owned by t.�' Seller as legally deacribed on �hibit 71 attached hereto and ', incorporated herein by this reference (the °Property"), consisting r :r oY 292 acres of land, more or less, located in Pitkin County, �-' Colorado. Seller shall grant the Conservation Easement jointly to �`-. - � Buyer and the Park Trust Ltd., d/b/a tha Aspen Valley Land Trust �' . ("AVLT") in substantially the form attached hereto as Exhibit 8 and incorporated herein by this reference. ,;; 2. PURCHASE PRICE AND TERMS. The purchase price for the . ''� ` Conservation Easement to be ��"' granted by Seller over the Property shall be $1,400,000.00, payable in U.S. dollars by Buyer as follows: � ' .:.�, �` �r`. a. Earnest Monev, An earnest money deposit ("Earnest �r.,� ` . Money") in the amount of $140,000.0o in the form of a check payable i�. to and held by Stewart Title, Znc. (°Escrow AgentN), in trust on o behalf of both Se12er and Buyer, shall be delivered by Buyer to '; Escrow Agent within five (5j business days followinq approval by Buyer at second reading of the Ordinance approving this Contract. The Escrow Agent shall invest such Earnest Money in one or more interest bearinq accounts, the interest on which shall accrue for 'a the benefit of Buyer, unless a default by Buyer occurs under the terms of this Contract resultinq in the release of the Earnest Money to Seller, in which case all accrued interest sha11 be delivered to Seller as part of such Earnest Money. Seller and ' Buyer acknowledge that the parties respective obligations under ' this Contract are expressly contingent upon approval of the Contract by Buyer at a noticed public hearing. If this Contract is : � not approved by Buyer for any reason at a noticed public hearing, all things of value, including all Earnest Money with interest, shall be immediately returned to Buyer and this Contracf shall be k terminated and the parties released from further obligations hereunder. Payment of the Earnest Money as part of the purchase price at closing shall be conditioned upon satisfaction of all ; conditions precedent set forth in this Contraet, and if any of such , conditions precedent are reasonabZy determined by Buyer to fail or not be satisfied, the Escrow Agent shall, upon written demand , �-' ' delivered by Bnyer, immediately refund all Earnest Money with 'i interest to Buyer. ' b. Cash at C osinq. $1,260,d00.00, subject to ��, adjustment for closing costs, shall be paid by Buyer at closing in "' funde which comply with all applicable Colorado laws, which include , cash, electronic wire transfer, certified,check, savings and loan �,� teller's check and cashier's check ("Good Funds"). �:�� ' + ��::. 4 '. �.� � / �.. '�_` 1 -'^a - ' -:. . • , � • , • o.I ,_� � -. ---_-__---___ ��';:' _ . `. _ ,. - I illlll 11111 IIIIII Iilll IIII IIIIIII Ilill lll IIIN IIN illl �� '`?' t 7 ;�: 404571 08/19/1997 01:01P CONTRACT Y'�'�'''�� f:,.•.•.�.,�w.;(` : 2 oF 39 R 0.00 D 0.00 N 0.00 PITKIN COUN7Y CLERK ;; c, credit A 'nq Purchase Price. Seller agrees to - credit against the purchase price any funds received by it, whether :i��: � by qift, grant or otherwise, prior to or at closing, as a "`� contribution toward the purchase of a canservation easement ;y,•�� - relating to the Property. Thus, for example, if a qrant of $20,000 � ': . is made to Suyer for the preservation of elk habitat on the - = Property by a conservation organization, the grant amount shall be t � •' delivered to Seller, the cash due at closing from Buyer will be reduced by the amount of such grant (i.e. $20,000) resulting in the ,= cash payable at closing from Buyer being reduced to $2,240,000, r" ,� This credit shall only apply to amounts zeceived towards purchase �";r ' of a conservation easement and not to any amounts received by Seller relatinq to the sale or dedication of right of way along Colorado state Aighway 82 or any amounts received by Seller ��,'. relating to aqricultural leases, sales of property or other revenue � ` not related to purchase or sale of a conservation easement relating ; • to the Property. �.,.: �..,: � : 3. B7�A-AIN s r. .�CHARTT S .E GON�T�jT?ON, Buyer and Seller � acknowledge that the fair market value of the Conservation Easement being granted by Seller to Buyer pursuant to the terms of this � Contrac is $ as determined by Appraisal dated ' March �, 1997, pre ared�by Hunsperger & Weston, Ltd. ("Appraised �y Value"). Seller agrees to deliver a copy of the AppraisaZ to Buyer �"I�'' . within ten (10) days of its receipt. The parties further �,�� acknowledge that the difference between the Appraised Value and the ii purchase price of $1,400,000 represents a bargain sale by Seller to � Buyer and AVLT of the Conservation Easement. Buyer and Seller ;� agree that the Appraised Value as determined by the Appraisal _ represents the fair market value of the Conservation Easement, and . that Buyer has received a charitable benefit equal to the difference between the Appraised value and the purchase price. At the closing, Buyer shall execute and deliver to Seller any and all - Internal Revenue Service forms deemed necessary by Seller to fully describe the neture and value of the charitable contribution. If . the Appraisal has not been received prior to the execution of this Contract by al2 parties, it shall be furnished to Buyer promptly upon its receipt. 4. 2tar AsSIGN�LE. This Contract shall not be assignable by Buyer unless it obtains Seller's prior written consent, which consent shall not be unreasonably withheld. If consented to by Seller, any assignment by Buyer may be made only to a "qualified � organization° under Section 170(hj af the Code and under Colorado Revised Statutes 38-30.5-101, g�.. �., and shall be permitted only if the agency or organization receiving the assignment expressly • agrees to assume the responsibility imposed on Buyer under the Conservation Easement. Except as limited above, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. +�. �. i � ti _ i H:iDtWPtF212137611011MSCmtractPdB.wpd -2' . P : ' ' �,,° i -A . i ... � -� . • .y -- -- - ._. __ __ __. . . +....--�------- --r- o.J .... ___ _. __ _.. " . �.;,:,�.,:,>. ,1.,., ' k�:-��. ...;�::,: t.• 5. EVIDEVrcF oF mrTL. Seller shall furnish to Suyer, at �� Seller's expense, a current commitment for an owner's policy of title insurance in an amount equal to the purchase price, insuring •> title to the Conservation Easement in Buyer and AVLT, on or before .�': March 31, 1997 ('Title Deadline"), together with copies oP a11 instruments listed in the schedule of exceptions ('Exceptions��) in - the title insuraace commitment (collectively, the "Titie Docvments"). To the extent Seller reserves any mineral rights from this transaction, Seller shall deliver to Suyer a geologist's report demonstratinq (i) that said mineral rights were severed from the Property prior to January 1, 1972 and (2) the value of the , severed mineral rights. To the extent any mineral rights were * severed after January 1, 1972, said mineral rights, if any, owed by Seller, shall be conveyed ta.8uyer subject to the terms of this . - Agreement and the Conservation Easement. Buyer shall have the . right to inspect the Title Documents to determine that Seller has record title to the Property and that no liens or other conditions . exist that could terminate the Conservation Easement involuntarily. ': - Seller shall also provide Buyer with copies of any documents in its � possession, if any, relatinq to water rights owned by Seller which ` are appurtenant to the Property. } Buyer shall have seven (7) business days following receipt of • the Title Documents from Seller to give written notice to Seller describing any unsatisfactory title condition(s) relatinq to the , i Property. If Buyer fails to deliver written notice to Seller setting forth any unsatisfactory title conditions witlsin such seven � (7) business day period, it sha11 be deemed to have appzoved the condition to title. In the everit Buyer timely notffies Seller of an unsatisfactory title condition, seller shall have until closing � _ E to correct such unsatisfactory title condition or to notify Buyer t - that it will not correct such unsatisfactory title condition. If f Seller fails or refuses to correct said unsatisfactory title � condition(s) on or before the date of closinq, Huyer shall have the right, at its option, to either (i) terminate this Contract and receive the return of its Earnest Money deposit in which event the ; parties shall be relieved of further obligations hereunder, or (ii) � waive its objection to said unsatisfactory title condition(s) and ! proceed to close. At closing, Seller shall execute a standard form �; of inechanic's lien affidavit stating that Seller has not authorized . any work or improvements to the Property which could give rise to % a mechanic�s lien which could involuntarily termit�ate the t Conservation Easement. Seller shall pay the premium for the title t insurance policy at closing and shall have the policy delivered to Buyer as soon as reasonably practicable after clasing. , 6. DATF. OF C SING AND TRANS ER OF TITLF. The date of � closing shall be April 30, 1997 or by mutual agreement, at an earlier date, subject to the terms of this Contract. Closing shall occur at the offices o# the Escrow Agent, Stewart Title, Inc., and the hour of closing shall be mutually designated by the parties. Subject to tender or payment of the purchase price at elosing as ` 1 Iiiill Itill llllli Illil 1111 IIIIIII Illll I!I 11111 iii{Ilii �� ' H:�DIWP�F21I537611011ASCaotraGF3S.wpd -3 � 404571 0S/19/1997 01:01P CONTRpCt 3 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERN ' �,;.-s� ;;��._ i �:� -. ' . '� ,,.�---_ _�.� _�- -- --- _ _ _ ._. _ Ni _.�..._ —-_.�. . �.. _�,. , �.�";,."z. ,f,,;,,., a�� y;;'. ! . ,:�:'; �-: ,:��. ' required herein and compliance by Buyer with �he other terms and � `'. provisions hereof, Seller shall execute and deliver at closing a ' good and sufficient Deed of Conservation Easement in the form `' �'° attached hereto as Exhibit B. 1� y'.. ' � 7. c .o rN- o T . Buyer and Seller shall pay, in Good � Funds, their respective closinq costs and all other items required to be paid at cloaing. Except as specifically provided herein, all closinq costs s1w1I be al2ocated among Buyer and Seller and paid in accordance with Colorado custom. Buyer and Seller shall each pay �� P one-half of any fees charged by the Escrow Agent for reat estate :+ �,,. ' closing services. t ; 8. TTME OF RSSENGF1RF.'MF.nTF.R, T1ID0 is of the essence hereof. ` ` - ' If any note or check received as Earneet Money hereunder or any • other payment due hereunder is not paid, honored or tendered when � due, or if any other qbligation hereunder is not performed or - � , waived as herein provided, there shall be the following remedies: s�� a. T��;�,y�er i s �n D a>>t. All payments and things of 1: value received hereunder shall be forfeited by Buyer and paid to Seller and both parties shall thereafter be released from all � ;• . further obligations hereunder. It is agreed that such payments and �� things of value are LIQUIDATED DAMAGES and (except as otherwise �.�•I+ provided) are SELLER'5 SOLE AND ONLY REMEDY for Buyer's failure to :�; perform its obligations under this Contract. Seller e�ressly `�� waives the remedies of specific performance and additional damages against Buyer. ' :+I b. ?f seller is in p�fa>> . Buyer may elect to treat . this Contract as canceled, in which case all payments and things of . value received hereunder shall be returned to Huyer and the parties released from furthex obligations hereunder, or euyer may elect to treat this Contract as being in full force and effect and Buyer shall have the right to an action for specific performance of Seller's obliqations hereunder. Buyer acknowledges that its sole ' remedy against Seller shall be for specific performance of this � Contract and Buyer specifical2y waives the remedy of damages ; against Seller or any of Seller's partners, officers or agents. _ c. costs and Exuenses. Anything herein to the contrary notwithstandinq, in the event of any arbitration or litigation arising out of this Contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, � including reasonable attorneys' fees. � 9. F.ARNEST MONRY DISPLI'PR, Notwithstanding any terminatiori ,� � of this Contract, Buyer and Seller agree that, in the event of any I controversy reqarding the Earnest Money and other things of value held by Escrow Agent, unless mutual written iastructions are received by the holder of the Earnest Money and thinqs of value, Escrow Agent shall interplead all parties and deposit any moneys or �`•�f' ` , t;' • i H:'�'"�'�37�'�"��`� -4� I 111111 III�I lillil i�lli II�I Ii�lill Illtl III 1��11 Ilil��II �� 404s71 0S/19/1997 03:01P CONTRpCT .i 4 of 39 R 0.0P1 D 0.00 N@.00 AITKIM COUNTT CLERK . I I�•�'.•. / 1 , �_'��' ''. ) �t • 1 ' � .` . . ._ .. .. _ ' _' .__" '_ . +�^,^__.._ ..�-- . _ _.,- _ _.. . m�1 '� -- - ' ;t:� ,. _ ._ .. _ � '_,i�.,ri�.�.. I Ililll IIIII IIllil ilili Iltl illilll Illil III 11111 tlll Ilfl ��x��:� 404571 08/19/1997 01:01P CONTRiiCT �, �•;t.'�;, ' 6 of 39 R 0.00 D 0.@0 N 0.00 PItKIM COUNTY CLERK _ , '�.: thinqs of value into a court of competent jurisdiction. In no event, however, shall Buyer be entitled to the return of the �� `., Earnest Money until .it has executed and recorded a quitclaim deed .1� relinquishing its rights to the Property as described in paragraph - •.�. 22 hereof. � SO. gjTERxAT��' DTSPL�'i'F �SOLt�'�'IOIL_MF.DrATTON. If a dispute arises between the parties relating to this Contract, other than a dispute over the Earnest Money deposit, which is governed by :�:+..�s1 �: paraqraph 9 above, the parties aqree to submit the dispute to � mediation within fiva (5j days of the date upon which the dispute '•":r~ " arose. The garties will jointly appoint an acceptable mediator and t:: will share equally in the cost of such mediator. If inediation , . proves unsuccessful, or if no resolution of the conflict is . achieved despite the parties' best efforts within thirty (30y days of commencement of inediation, the parties may then proceed with . such other means of dispute resolution as they so chose. 11. CONDTT'rONS P�cRDENm, The following shall constitute conditions precedent to the Buyer's obligation to consummate the transaction contemplated by this Contract. The conditions ��.J, precedent are: �„ a. Official approval by the Buyer (Pitkin County Board �{ of County Commiseioners) at a regularly scheduled meeting which ,'r " occurs after the date upon which this Contract is signed by the i; County Attorney, the County Manager, the Chairman o# the Open Space � and Trails Soard of Trustees, and the Seller. The parties understand and agree that such approval requires consideration of the Contract at two readings at regular and off3cial meetings of � the Buyer, with a public hearing as one of those meetings, and shall be subject to applicable provisions of the Pitkin County Home Rule Charter and Colorado Revised Statutes. Should this Contract • not be approved by the Buyer for any reason, this Contract shall be terminated effective on the date the Buyer refuses or fails to . � approve the Contract, at the Buyer's option, in which event the ; parties shall be relieved of any further obligations hereunder. If � j Buyer has not approved this contract by June i, 199'7, Seller shall s have the right to �erminate this Contract in its sole discretion in � which event the Earnest Money shall be returned to Buyer and the � parties relieved of further obliqations hereunder. t b. Seller shall convey, prior to closing, a right-of- ; way on the west side of the Roaring Fork River to the State of Colorado for the expansion of &tate Hiqhway 82 to four lanes across the Southwestern portion of the Property. This conveyance shall be - upon such terms as may be acceptable to Seller in its sole discretion but must be consummated prior to closing. Should such conveyance not be completed by closing, Seller and Buyer agree to extend the closing for up to ninety (90) days to facilitate the completion of the conveyance of such right of way. Should such �. ° conveyance not be completed by. such extended date, at Buyer's •� ' � = 1 H:�WPJtS�1S376�10IWSComWPBS.wpd —5' � f � . s•'� � . . / • �'' � , . ` .. �k; ... . . .�_ '>.I .................... .- � _._.r . �. . I ��'� ��. ��1��(��l��1�� `,�'� � '' � t 404571 00/19/1997 01.01P CONTRiiC7 R °�,•.;'`',,�;; 6 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �'"- 'r - �.. option, this Contract shall terminate and shall be null and void and all Earnast Money and other things of value paid hereunder �'= `•> shall be immediately returned to Buyer. ,�'% :'`. c. Seller's execution at closing of a Deed of � Conservation Easement in the form attached hereto as Exhibit B. � ` j:�` , 12. gASBLINE sTUnY. As soon after closing as practicable, weather permitting, Seller shall allow Buyer and its agents to ='� enter upon the Property to prepare the Baseline Stud �� '• y (as defined in the Deed of Conservation Easement) to establish Y.he present < '°:r' condition of the Property's scenic, wildlife and aesthetic � :� resources, so as to be able to properly monitor future uses of the �., ' , • Property and assure compliance with the terms of the Conservation � , Easement. The Baseline Study shall describe the condition of the ; Property as of the date of the Deed of Conservation Easement, or a �s` ' date as close to the date of the Deed as possible. The Deed of ; ;.; , Conservation Easement shall also set forth the specific terms 1;' f . relating to the 5eller's obliqations (and those of its successors A and assigns) to maintain the Property in substantially the same �: . condition as of the date of the Baseline Study and to otherwise �� fulfill its obligations as fee owner of the Property as more ';�, particularly described therein. A+ 13. &L�yEy. Prior to closing, Seller, at Seller's expense, ' shall furnish Buyer with a survey for each of the two (2) building �i� " envelopes to be reserved as provided in the Conservation Easement �; in substantially the locations depicted and shown on the map attached as Bshibit C, each of which consists of approximately six (6) acres {the "Building Envelopes"). These Building Envelopes . shall be subject to minor change in configuration and/or location (but not the size of the Building Envelope) if required by Pitkin County or other applicable governmental authorities in connection with Seller or its successors or assigns obtaining any land use approvals or building permits for construction of improvements within the Building Envelope, as more particularly described in the Deed of Conservation Easement. In addition, Seller shall deliver ' + to Buyer as soon as practicable following closing, but in no event later than six (6) months after closing, a current survey of the entire Property, with corners flagged or otherwise indicated in the _ field. � 14. SUBORDINATION oF LIENHOLDER. Seller represents that there are no deeds of trust, mortgages or other consensual liens ! currently encumbering the Property. If any lien or mortgage '•� secured by an interest in the Property is recorded after the date �� of this Contract but prior to closing, Seller shall cause all �I lienholders of record to subordinate their lien or mortgage to the Deed of Conservation Easement and shall provide such documentation ; indicating such subordination as Buyer may reasonahly require. �;�. .. ii;•' . � -. '� � x:�wr�z�s3��ioiwsc�a,aea.s.wPa -6- ,t,.,> �-�� , � '+ . . � I �.�`� . t / � � . -_ - , ��._..-r�- ---�.. .. . U.! i�iiiii iiiiiiiiiii iiiiii�i�iiiiiiiiiiiiiii ii�oiiiiiiii � :; . 904371 06/19/1997 01:01P CONTRACT +'�f#r� � 7 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK •-_,'"-*�:. �`.`-: 15. RECOI�i�aDATroN OF • •G L CO naa . The conveyance of a T.� � � ' conservation easement may have substantial tax and estate planning ,,,..,,., ,P: ,y,n-., impacts upon the Seller. By its signature upon this Contract, - - Seller acknowledges that it has been advised to consult legal ;i;.; .; counsel with respect to the terms, conditions and ramifications of tia this Contract. �y. ; . 16. �Qg. In the event this Contract is terminated by � �. Buyer as provided in this Contract, all payments and things of j:`; , value received hereunder shall be returned and the parties shall be relieved of all further obligations hereunder, subject however to -- the terms of this Contract, including without limitation, the �°'` provisions of paragraph 22. �:.�:,Y.��: 17. N9TZGE. Notice to Suyer shall be delivered to: .k�' :.� . _7 Jane Ellen Hamilton, Chief Executive officer � Pitkin County Open Space and Trails Board of Trustees � 530 East Main Street, Suite 301 �;.``� ,. Aspen, Colorado 81611 ,i�,�: !;�; Copy to: John Ely, Pitkin County Attorney 530 East Main Street, Suite 302 �;' Aspen, Colorado 81611 ":'r: . , Notice to Seller shall be delivered to: ,,; Janneli C. Dart �i Dart Family Partnership, Ltd. 866 Paragon Drive Boulder, Colorado 80303 �' Copy to: Douglas D. Scott, Esq. Rothqerber, Appel, Powers 6 Johnson LLP 1200 17th Street, Suite 3000 � Denver, Colorado 80202 , lg, F.NTTRF A[_RFF`MF.NT, This Contract constitutes the entire � contract between the parties relating to the subject hereof, and . �, . any prior aqreements pertaining thereto, whether oral or written, e � have been merged and integrated into this Contract. 19. MODIFICATION oF THIS CONTRACT, No subsequent modification of any of the terms of this Contract shall be valid, bindinq upon the parties, or enforceable unless made in writing and signed by the parties. Any substantial modification of this � Contract following its full execution by the Buyer and Seller may �: require approval by Buyer at two of its regularly scheduled . meetings, the second of which must be a noticed public hearing. 2p, CTiRVTVAT., Except for any covenants or obligations which expressly survive the closing as provided herein, no 'r� � 71 .. 1, � x:�rnwe��zs3��t�oiw-sc�res...pa -7- � - � �� = ;; I �': �� . . . . . ' � . . ._ . �' . , . ' � � . . . .. : �� . ,':`;-�t, - . . � � . -. , r -:. � 1. . � ' � . .� ' . ` .r,i f .. ..;''�'': ��N��)�� :�;�";�';` 404571 0S/39/1997 01:01P CONTRRCT ,��.�r.,,i;y, 8 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �:<�i:3�'i''.; l`,`.,L,:':'s'�. • representations and warranties contained in this Contract shall �*�.:.K�:t'k;� survive the closing but shall be deemed to be merged into the � '° conveyance. i� 21. CoUNTF�r1�uTS/FAC_a�.F, This Contract may be executed in �� one or more counterparts, each' of which shall be deemed an .''�' '-; original, but all of which together shall constitute one and the � ' • same instrument. A facsimile signature shall have the same effect i�::' , as an original signature. Nevertheless, the executed document with the original signature shall be delivered to the non-signing party within five (5) days after execution by facsimile. =�;; �� 22. BECORDATION oF coNTRACT. Seller acknowledges it has been ;':':v-.. informed that a memorandum of this Contract or a copy of this � � Contract will be rewrded in the real property records of the Clerk & Recorder of Pitkin Count Colorado followin a ¢� ' y, , g pproval by the . Buyer at a public hearing. Buyer agrees that if this Contract is - terminated by Suyer for any reason after recordinq, Buyer shall ,_,: : execute and record a quitclaim deed relinquishing all of the rights of Buyer and AVLT under the Contract within five (5) days from the ! date of termination of this Contract by Buyer. Notwithstanding c, anythinq to the contrary contained herein, the execution and ;: recordation of the quitclaim deed releasing Buyer's rights under ;+s the Contract shall be a condition precedent to Buyer being entitled to the return of the Earnest Money pursuant to the terms of this �in ; Contract. This provision shall survive the closing or earlier S�+ - termination of this Contract. ' BUYER: � � .S�17�'"! � �� E Pi�t� County Board of County Date � Coma ssioners, Ctia person ATTE . 4 � � � t Je �ette Jones ; De�uty Clerk--and/ ecorder 1 � RECOMMENDED FOR APPROVAL: ' 6 � ,; •r. , A 4 , /% ne Elien' Hamilton � �F ie,f: Executide Officer ' ;��Pitk-in;COUnty open"Space and Trails ' �'r�'�� ... ,�'. , . � _ H:1D1WW+212337611011e45Co�c1p�S.wpd _$_ i _ �. I � ... ..._..—_.__ - ._ _ . �. ._._ . . ./ . � . .. . .. . . .. _ . . . ..__._. � . � _ . 1 � r �,`,.,_ ` � -- . +; � � .j.. , . . � . , ,h - . � ' ,,,__________, _. _ —_ _. __ . ._ — - ---- . ra .. '''�' °-- �. ___ _ .. - ✓s.� -...':l:!. '.,.. � . � . .... ... . .. .. .� . ... t.... _. �.....x . . ,t_, I I"II�"III'll'�I III'I I'I'II"II'll"I III"III I'll I'II �i' �L.,�'. 404571 06/19/199T 01:01P CONTRpCT ;;p-i,- .�,. 9 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ;, �7,�Fy".' � �:.��{:: APPROVED AS TO CONTENT: � Ch�� .�7C"-= ,•�J Pitkin C�ty Open Space Date � " and Trails, Board of Trustees � ; �•, AGER APP VAL• �' ', ' �;�,-'' Ei; ', ` ' Suz e Kon an, County Manaqer �,_::: ::�. . APPR VED AS TO FORM: r�"" _ — /� 2� _ Pitkin count orney ` Date 4 �_ 1; � `- � E� SELLER: �� }s DATLT FAMILY PARTNERSHIP, LTD., > a Col ado limited partnership :i .j . �; By: �1 n '' Janneli C. Dart Dat@@Q��,,,��,�,,,, � � �� General Partner �'"�" I x � . t; . jv ,; . i; � i� � i ° _ ' �i , r' 6 � � . � � ( f • � . F j f k . i + ':� . i ,( � x:�rnwr�sr��iotu-scme.urats.wpa -9- • I . I �' __...__..... . ........,:_. . . �.�. � . . ...__._... _..... ..._..'._. .. ..._. . ... . ..:.� ., ..-.-�....,v.. ' � � : - .... . -.. . ..-:�.:... ...� , ,._,..-, . .. .. / . _ . ._. . . - . �, ` .. � Q �, � _ . . . � . . ' tl '� 9 l; . t . � . . ' . 'r�..: .. .. ' , i � � ._ .__ . .. ..� .. _., . . • . � ', . ,,*`. - , � .. . . . , . . . �.�.�-- _.___._'__."_ . _._-.' __._. _ .___..-__� . .. . � , � a.! :y: .; ' ..,.;. �4._._... ...._..... J .. .:, ..... . _.._., ....__..___ " � , .:_,1..' , �. . .. " . ' . . . . . .� .. . . --�I 1�.. J 1\. . . . . . . ..... 1.-';`Illie:�.l�i'.YtvS.:� n.�.. � r}��,. ��`° `�',,�.: ��;�� :�A.S`'}i.k` .... EXHIDLT A ` • (LEGAL DESCR2F'TION OF DART pROPERT7� �� ,.,�• Tracf 73 (slsc Resarihcd as Locs 5 and s), tots 1q, 18, 16, 8ectlen 28, and s � ' pariion of Trac! 73 (ulso dcscr3bed as Lat 6) and Lofs �5 �nd to, Secrian 29, 7'oxashlp 8 SoetCh, Raa��8A!/esi, 6th P.M. beJng rar�+puerticula�lY deserfbed as ` fo110ws: i:� �•;.`?. �. t<. '. BepinaJag af a U.3.G.L.O. brass cap proFarly ararkad tor R+sg1t Paint t4 af 9ald 1::,7. - T�act ?3; �heace 9. 89'Jl'04" b'. .[84.68 feet alunE the SoufherlY Ltne ot said Tract 93 to a U.S.G.L.O. b[�ass �ap properly ararkCd tor Mg1e PaJat s4 aF 14�act . 72; chCar,c S. 89'39'18"1+. 5385.68 leeF alneg C6e Sootherlp 12ne pf tttld T'raC: -- 73 ip � O.S.G.L.O, brass eap properly aa�ked.for Angle 1'otnt C of said Tract i . T3; ttrance N. 00�'OS'3�" S. $d1.0I jarf along tLe desterly line ol s�iQ iracC 93 fo a paint aa rke ,Yariherly R.O.M: of dl�g 83: thenne along said • Nort6exly R.p.N, a! A1„vhaay 82 a»d alonp a curve to !be lelt havfng a chorA _ - bearing of S. 81'40'a2" E. 8T.18 teer and a radius af IOB6.00 feei; theace " deyartlny snld R.O.d at Nipbyay 82 N. 43°46'46' 6. 2�6.05 fea[ �o a pa3ac na � t6e centerliae ot tAa Roar.fAB Pork $iver; Yhenca alon�st.fd centarl.ine ot the +•. Roertag Fork River fhe tollantng fhree (3) courses: � `:� P. 22'SB•09" Y. •1o9.8X teet; ' �` N. 41°QI�25" 1!. 2D3.48 teef; (� • X. 59'36'40" N. 78.29 fest Ca a poiltt on Yhe A'e9terlp Ilne oC sald 7rsot 73; tBBaCE N. 00°OS'30" E. 526,13 lect eionp' ihe b'esi�rly� line af said Tract 73, '�� Section 27 to a U.S.G,L.o. brass c�p praper3y:arked for An�le Point t2 af said t` 7ract �3; i'hcuce N. 04'20'd1' 6. 785.09,{eet along the A'esrerly ISne ot sald lo� IO, Section 27: theacr M. $9'SO'00" S. 2648.58 teef aloag rhe Yariherly � llrre af ssid Lots 15 a»d I6, SeaCioa 27: iheace !N. 89`S2'00" 6. 2B43_SO feet alaay� tAc Not-lhcsly ltne ot s�id .Lols 15 aad IB, Secitoa 26; tkeace N. � . 89'32'23" �, I332,3s feeC al0ay ihe NoctDerLy ltaa at s�id Lat t4, Sactioc 26; • • , Lbcncc S. GO•41�38' X. 8rd.a feer aloq� the Easterlq 11ae of snld Lot 1a, ' Sectian 29; theaee N. 88'21'27' M. 112Q.T8 teec along the Sovtherly line oP satd Lot 74. 8eceion 2S; �heuce S. 00•o8'1B'tl_ 2304.69 ftaC alanF the 6asterly Itaa of sa,id tract 73 ta thc Point nf Beginniag. ExceptinF kerefrvm 31J vaeewants and rlghts of uiy ot rocord.vid [Le iract of u, �land eaclased and nsed tor cesetery perrpos�r kuorm as che`!?heatly Cemetery", YoPt:ther w1f6 a sCr1D Ot land ten.feef pide on the nortk tide and sYrfp of�and tea teet nide on cde sou4A stde ot the Pences enrlosSdg satd cemetery, heia¢ s Cracr at land opproslmaceJy 50 l3ei by 35 feet, and a arivate r}ghf ot way- 1S tCer iq aiQCA to aad Pros said cemet!^c}• exieadtng Iroa ttre soath sad� aC anid ccmeccry ia nc� Counry Road. � rne abav� aras taken tror descri�+rinrt of Recnrd :tnd prcv�aus survcs-s by Starrow ; aud (Pzlkc� QaCed l.�l�/?2, 6�L:94, ?;T;D5, IIrtd 6!4,�96. ' f f I{'�III'�I�I"{"I III'I III'II"!�'�I�'I Ill"I'll!'{I"1 404'J71 0'!/19/1997 01:01P CONTRpCT , 10 of 39 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK . �� i. � -> r; I i� . , ' __ _ _.� __ . : / - ,. ,. . g � ;' .. � , �•`. ♦ . . � • k. _ ._. . _.. ._...__._._..�...._ . . ,. � ___T�" ... _ �_ ... . al� `-- --_-------___ � � {IIIIII Illll illlli IIIII IIII Illllil lllll III 111111 IIl llil � �� 404571 06/19/1997 01:01P CONTRtiCT �,r ` 11 of 39 R 0.0@ D 0,00 N 0.00 PITKIN COUNTY CLERK �^�`�'��' R;°'��'' EaHIBIT H 'i:.<}�';Y:ts . :,`,:. Qj;ED OF CONSERVATIUN EASEMENT �i., THIS DEED OF CONSERVATION EASEMENT (the "Conservation � ,• _ Easement") is made and entered into this day of March, 1997, by and between the Dart Family Partnership, Ltd., a Colorado F �' limited partnership ("Grantor"), and the PaXk Trust Ltd., d/b/a the Aspen Valley Land Trust ("AVLT") and the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic (the "County"), as co-grantees (AVLT and the County are `rr ' hereinafter collectively referred to as the "Grantee"). , RECITALS � � 0 WHII2EAS, Grantor is the record owner of certain real property r �. , � ' loaated in Pitkin County, Colorado, consistinq of 292 acres, more t or less, which is more particularly described on Eshibit A attached � hereto and incorporated herein by this reference (the "Dart �. Property"); and s ! ; WHERF.AS, the Dart Property contains critical wildlife habitat, � including elk and deer severe winter ranqe and critical habitat, '` fexcellent quality aquatic habitat and wetland and riparian areas, and also contains open space, aqricultural, scenic, historic and ' �' ecological features and values important to Grantor, Grantee, the residents of Pitkin County, Colorado, and the people of the State oP Colorado which are worthy of preservation (the "Conservation � � values"); and �: ' WHEREAS, preservation of these natural features and values � 3; will yield substantial public benefit, and also has significant � _ _! ecological, agricultural and open-space values as defined in Section 38-30.5-101, et. sea., Colorado Revised Statutes; and i f WHEREAS, preservation of critical wildlife habitat, open space 1 and aqricultural operations conform with Policies 2-120 (Scenio ; Quality), 2-160 (Uiildlife Management), 2-240 (Compatibility with : Agricultural Land's and Operations) and 2-250 (Compatibility with : j Historical and Archaeological Resources) of the Pitkin County Land j: Use Code; and e �� WHEREAS, the portion of the Dart Property, consisting of 280 , acres, more or less, that will remain substantially undeveloped (referred to herein as the "COnservation Area"), which area is • ' outside and exclusive of the two building envelopes and related appurtenances permitted by this Conservation Easement (as more fully defined below), will contain approximately 60 acres of agricultural lands and approximately 220 acres of lands that will remain in a substantially undisturbed and natural state; and ! WHEREA5, the physical condition of the Conservation Area will -- be documented in an inventory of the Dart Property's Conservation � j Values to be prepared as soon as weather and conditions permit � 4 . _� . .�:.: . ' . '1�^ 4 _ � �: '.. i ' � �Y,. � .. .__ . . . ". " _'__'_. .... - . �^^�-,__-'-��.._�'— ' ..��_ _ o�% .; �_ , - __. •��. .. -__---____.._._._. ._. . _ _� - :,,,'��,_ .,,.,'��x.,.�,, �':-�.'�;:;�'�:' t�cz`,'°•.:�:y':•�. iri following the conveyance of this Deed, which inventory will be kept :��?� on file at the offices of the Grantee; and :t�;� WHEREAS, Grantor desires and intends to preserve, maintain and " '�a (at Grantor's option) enhance the ecoloqical health, wildlife _,+'�. •�� habitat, open space character, agricultural operations and scenic • . and historic qualities and values within and upon the Dart �-~ Property, and specifically within and upon the Conservation Area, �� ' by encumbering the Dart Property in its entirety with a •'. : Conservation Easement for the use and benefit of Grantee, pursuant p:�. + to the provisions of Section 38-30.5-101, � seQ•, Colorado Revised • � •.. �:; Statutes, which provides for maintenance of these values by the � :z continuation of land use patterns, including, without limitation, �,:: those relating to limited residential uses, farming and passive ;;i;E, !, . recreational uses which do not significantly impair or interfere •Y>- with those values; and {� `;°• WHEREAS; Grantor wishes to reserve the right to construct, ��' �..: ;.; .< improve and/or renovate certain residential dwelling units and z,, related improvements within two (2) buildinq envelopes of +f- approximately six (6) acres each (referred to herein collectively as the "Building �velopes" and individually as Buildinq Envelope 1 � � or 2, as depicted on the attached map of the Dart Property labeled "°`� 8xhibit B and as more fully defined below), as more particularly •-'� specified and described by the terms of this Conservation Easement; . and .r i >% WFIEREAS, Grantee is a "qualified conservation organization" as defined by the Internal Revenue Code, as amended (the "IRS Code"), and is qualified to acquire and hold conservation easements; and WHEREAS, Grantor, as owner of the Dart Property, intends to convey to Grantee the riqht to preserve and protect the ! Conservation Values of the Dart Property in perpetuity, and by acceptance of this Conservation Easement, Grantee acknowledges its commitment to honor the intentions of Grantor as expressed herein • to preserve and protect in perpetuity the Conservation Values of �� the Dart Property for the benefit of this and future generations. � �ONVEYANCL NOW, THEREFORE, for and in consideration of the facts recited above and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of j which is hereby confessed and acknowledged, Grantor hereby qrants { and conveys to Grantee, and its assigns, a perpetual, irrevocable, conservation easement in gross, pursuant to Section 38-30.5-101, f� • sea•, Colorado Revised Statutes (the "COnservation Easement"), over, across and upon the Dart Property as legally described on Exhibit A, subject to the terms and conditions hereinafter set i forth. Grantee hereby acknowledges, accepts without reservation �`. lit wn�wnrnxam�one-se...n..ac�.RC -Z- �` � � - I I"III'IIII"I"I(II'I I'I'II"II'II"I III"II'I III II'I '. , 404'371 0S/19/1997 01:01P CONTRfiCT 12 ef 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTC CLERK � �.xE / . . . . ._r � �_,�_ . 0 � �; .,. � � �I. • • '' -' -- - .. _._._..--'._ . . n.i .: � ---� ,_., �`�,.;,,�:. �`��i:;;4y��,i�,. t;�i�R r�i::',. r:��:�;;;__u�: �.• .�;':;; and agrees to be bound by the terms and conditions of this � `�,. � Conservation Easement. t.#•� � Y� M1.� 1. �n�dprAi�ion for Conservation Easement. In ' consideration for the Conservation Easement to be granted by ry��, �; Grantor to Grantee with respect to the Dart Property, Grantee has �. paid Grantor the amount of $1,400,000.00 upon eXecution of this �:�`: Conservation Easement, Grantor and Grantee acknowledqe, however, that the fair market value of the Conservation Easement being �� ' granted by Grantor to Grantee is $ ("Appraised �' �� Value") as determined by appraisal dated March , 1997 (the +•�:_�.. ' "Appraisal"), prepared by Hunsperger & Weston, Ltd. (a copy of which has been delivered or will be delivered to Grantee), and that such "�� , Appraised Value accurately reflects the fair market value of the ��: ' Conservation Easement as of the date of this Conservation Easement. t - Grantor and Grantee acknowledge that the diEference between the `:'. , Appraised Value and the consideration paid of $1,400,000 represents �` a bargain sale of the Conservation Easement by Grantor to Grantee. , ., ' It is agreed that the Appraised Value, as reflected in the �' ` � Appraisal, is the best evidence of the fair market value of the Conservation Easement and Grantee acknowledges receipt of a � ` benefit equal to the difference between the Appraised Value and the � purchase price actually paid for the Conservation Easement. �:r 2, purnnCP. It is the essential purpose of this Conservation ��' Easement to preserve and protect, in perpetuity, the natural, �j{ - ecological, wildlife habitat, scenic, historic, open space, � agricultural and aesthetic features and values of the Dart ,� Property, and in particular, the Conservation Values within the Conservation Area. In furtherance o£ the foregoing objective, this Conservation Easement is intended to establish permitted uses of ' the Conservation Area which are consistent with the purposes of the Conservation Easement, and to restrict the level of development and human activity on the Conservation Area in perpetuity as more particularly provided herein. , 3, r,-antee�s Aff�rmative Riahts. To accomplish the purposes of this Conservation Easement, the following affirmative rights are ? hereby granted to Grantee: a. To identify, preserve and protect in perpetuity, and in the event of their degradation or destruction, to compel the restoration of, the natural, ecological, open space, historic and • ' scenic features and values of.the Conservation Area. In the event { such restoration is Yequired, the standard of such restoration shall be to restore, to the qreatest extent possible, the features .�i . to the same condition in which they existed prior to their material •:� degradation oly destruction. b. To enter upon the Dart Property at reasonable times ' in order to monitor Grantor's compliance with the terms of this ��, , x+o,wnrnrmam��r..�n.ucm...oe -3- ,� j I llllll 11111 Illitl IIIII IIII IlIIIII IIIII III Illllt Iil IIII ;::';I 404571 06/19/1997 01:01P CONTRfiCT . :> ' 13 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CIERK %' i �-'�'.:: � , s � � � .:. • _. ' �,�. �- — — - -- ;- ...-..-------------- a.� I IIIIII 11111111111 Ilill IIII IIIIIII IIIII III iillll lll llll ^�`` 404571 08/19/1997 01:03P CONTRiiCT ��,�' 04 s.!�,.�; 14 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 1�^�?;�_;.-'�. �'�3K A'' fv, . „1. . �..., J Easement and as may be reasonably necessary to exercise the rights ,,� �t'.'y�,.. ' herein granted and to enforce the terms hereof. Routine ;"a`�� inspections by Grantee shall not occur more frequently than every - three (3) months and Grantee shall provide Grantor at least two (2) . ., days prior written notice before each routine inspection of the '� Dart Property by Grantee or its representatives. If Grantor so - requests, a repre5entative of Grantor shall accompany Grantee � '•. and/or its representatives during any such routine visit or inspection to the Dart Property, and Grantee aqrees to reasonably cooperate with Grantor to enable a representative of Grantor to be �J�. present durinq inspection. Grantee's inspections and other �;;.-x.,�'; activities hereunder shall not unreasonably interfere with l; � Grantor's use and quiet enjoyment of the Dart Property. The '�r� � Grantee shall also have the right of immediate entry to the _ Conservation Area if, in its reasonable judgment, such entry is necessary to prevent imminent and irreparable damage to or � _ destruction oP the Conservation Values protected by this � Conservation Easement. In the case of immediate entry, Grantee , shall make good faith efforts to notify Grantor, in advance, of its �..: , entry. ' c. To enjoin any activity on, or use of, the Dart ; Property which is inconsistent with the terms and provisions of �;, this Conservation Easement and to enforce and compel the ;'` . restoration of such areas or features of the Conservation Area as ,r may be materially damaged by such activities as more particularly �; ` described in paragraph 21 of this Conservation Easement. . ! � � d. To recommend (subject to Grantor's approval) � restoration measures for the Conservation Area, or measures which would enhance the habitat, stream, wetlands or riparian viability . E or other natural features of the Conservation Area and to enter � upon the Dart Property with Grantor's permission to perform such � � jrestoration or enhancement measures at its sole expense or the � expense of Grantor. Any such restoration or enhancement measuzes - shall be performed at such times as to not unreasonably interfere with the uses being made of the Dart Property by Grantor. i R. e. To place one (1) new sign upon the Dart Property, at ! Grantee's sole expense, visible to the public, identifying the r�le { that Grantee plays in conserving the Dart Property, in addition to ; % such other signs as may be agreed upon by the parties to identify �� and regulate the limited public access created by the terms of this � Conservation Easement. Such signs shall be designed by Grantee and 6 presented to Grantor for approval of their design, size and � location, which approval shall not be unreasonably withheld or . delayed. � q, nwceline Docientat�on. A collection of baseline data on • the Conservation Area and its resources (the "Baseline � Documentation") shall be prepared as eoon as practicable following x+u�wrw[uma�ona-se.soamcm...oa �' � . i S S. � , . . . _.._. .. , . . . ._ ._. ... .-.. . � ... � � � . . . � . • �','� ,. t 1 r .. 4 . � • . ,y . . — . ... _.__...__.... . . � ,,...�----— - ' — — — , �a> •; �-_ ___ _ _1 � .�;� ';,; '''• ��(�� "�;�'�;, 404d73 05/19/1997 01:01P CONTRiiCT �'�• 16 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �'r�`�` . iS!`�';�. l:� `��; • conveyance of this Conservation Easement. The Baseline Doc�entation shall be the property of and shall be deemed owned by the Grantee provided, however, that before the Baseline Documentation shall become effective, the Baseline Documentation "�� must be jointly approved by Grantor and Grantee which shall be - evidenced by the parties executing a signed statement attaching the •''•. approved Baseline Documentation report. Grantor shall grant • Grantee and Grantee�s agent(s) access to the portions of the Dart ' Property necessary in order to prepare the Baseline Documentation. once approved by both Grantor and Grantee, the data and explanatory text, photographs and maps to be assembled in the Baseline Documentation shall be deemed to provide an accurate representation of the condition of the Conservation Area at the time of this grant (notwithstanding the fact that the Baseline Documentation will be - prepared after the effective date of this grant), and the parties acknowledge that once approved, the Baseline Documentation will serve as an objective information baseline for monitoring compliance with the terms of this Conservation Easement. If ' . Grantee employs a wildlife biologist at the time the initial draft � of the Baseline Documentation is prepared, such bioloqist shall ! prepare the study at Grantee's expense; however, should the Grantee } not have such an employee, Grantor shall bear the expense of the preparation of the Baseline Documentation. The Baseline Documentation shall be completed and presented for review no later than July 1, 1997, weather permitting. • ! The parties agree that in the event that a controversy arises � with respect to the nature and extent of the biological or physica� condition of the Conservation Area, the parties shall not be foreclosed from utilizing all other relevant or material documents, f surveys, reports; and other information to assist in the resolution of the controversy in addition to the Baseline Documentation. j 5. Recervat:on o Bu�ldi�q Enve��y.; Identificat�on of �onGprvat�on �rea and D ve��ent o Bui�d'nc,�En�e7opg�. Grantor shall have the right, but not the obligation, to apply for and � obtain approval from the County for a subdivision of the Dart ; Property into two parcels as depicted on Exhibit B. The parties i acknowledge that the suhdivision described herein is consistent '; with the terms and provisions of this Conservation Easement. One j of the parcels contains an historic red brick school house and the _ : other parcel contains the existing farmhouse located on the Dart � Property. Grantor hereby reserves from the grant of this c Conservation Easement two (2) single family residential building �, envelopes of approximately six (6) acres each, with the first building envelope ("BUildinq Envelope 1") surrounding the red brick school house and the second building envelope ("Building Envelope • ' 2") surrounding the existing farmhouse in the locations shown on map attached hereto as Exhibit B. Minor modifications to the shape, location and size of these two building envelopes may be requested by Grantor and shall be approved by Grantee so long as x.wwnrnxv�w�o��em-----•- ..ve -5- � _ 1 . . . . .. .. ... . . i . . . . . . . . . � w�w.-: / i ...,, . . • '�r.'�,,�� -.. � � -.. • ,. �"� -- - .. _ ._._..__. ._ . - . u.R _�;; � , ,-,.,: :[��: ��iiii�rii�i ii�i�i�ui��i�i i��iiu ii�ii�ii iii�ii rii iiii ��:�� 40qS71 0S/19/1997 01:01P CONTRfiCT 38 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLEI�( `4�`• ��"�'r� • Grantee determines in its reasonable discretion tnac sucn ,u��«r • �?: modifications will not materially adversely impact the Conservation • Values within the Conservation Area, The remainder of the Dart Property located outside the two building envelopes is referred to ;.,,Y herein as the "COnservation Area.'� �' Buildinq Envelope 1 contains an historic red brick school , '. house. Although Grantor and Grantee aqree to preserve as much of . this historic structure as may be reasonably feasible (in Grantor's - reasonable discretion), Grantor reserves the right to repair the - school house, enlarge the school house by the addition of not more than 1,000 square feet, or construct an addition to the school house not to exceed 1,000 square feet without the prior consent of Grantee, provided, however, that Grantor agrees to work with an architect who has experience in renovations and/or additions to ' � historical structures and that Grantor shall not have the right to totally raze the school house without the prior written consent of Grantee, which consent sha1Z not be unreasonably withheld or ,_, ` ' delayed. Grantor may continue to use and occupy the school house F as a single family dwelling and may perform any renovations to the � structure which are otherwise permitted by any applicable laws !� without the consent of Grantee, except as otherwise provided herein. Grantor shall also have the right to seek approval to build an additional single family dwelling within Building � Envelope 1. The construction of the additional single fami�y f dwelling within Building Envelope 1 is consistent with the provisions of this Conservation Easement. If an additional single � family dwelling is built on Building Envelope 1, Grantor shall have the right to apply to the County for designation of the existing school house as a caretaker unit or affordable housing unit, or in F the alternative, to maintain the school house as a separate residence. 1 Building Envelope 2 contains an existinq farmhouse. Grantor = shall have the right to repair and renovate the interior of the farmhouse,. including enlazging the farmhouse, building an addition ; thereto or demolishing the farmhouse. Grantor may apply for 4 approval to construct an additional single family dwelling within t Building Envelope 2 in addition to the farmhouse, so long as any j additional improvements continue to be used as a single family ! residence. The parties acknowledge that the construction of the € additional single family dwelling within Buildinq Envelope 2 is f consistent with the provisions of this Conservation Easement. If c an additional sinqle family dwelling is built on Building ;, Envelope 2, Grantor shall have the right to apply to the County for designation of the existing farmhouse as a caretaker unit or affordable housinq unit, or in the alternative, to maintain the , ' farmhouse as a separate residence. Grantor shall also have the right to use and occupy the farmhouse as a sinqle family residence includinq the right to perform any renovations to the structure xw,wwnzss�nio�v-••-. .-„pe -G- i = 1 � i I ' ! . . . . . . I . . .... . . .4n.�.-.-�� - i� J . . ��:!..-.. .. . 4 a ' , M �I. • � i • ! k • . n) M �.��_,��.��.�. -;�; . r..._ - �-- -____ t , ' :. ........_—'_._._...... ..._ _...1 � I IIINI IIIII Illlll IIIII illl Il11111 NIII Iil Illtlllll IIII 'j��'�3 404671 06/19/1997 01:01P CONTRpCT �;F�"'` ��.ar:lK,... 17 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �,.�;>�� . �.!.�;;`c which are otherwise permitted by any applicable laws without notice '"`;:"' - to oz consent by Grantee. - , .� Except as provided above, any development or change in use '�� from the development and uses existi�g as of the date of this Conservation Easement within Building Ehvelopes 1 and 2, comprising � .• ' an area of approximately twelve (12) acres, as depicted on the map attached as Exhibit B hereto, shall be consistent with the Conservation Values of the Conservation Area and with this Conservation Easement. Building Envelope 2 will locate an area of three (3j acres around the existing structure. Within said three-acre parcel, Grantor may construct the new home as described r�' herein, attached or detached garaqes, and may plant non-native , vegetation and landscaping. The remaining three acres of the . Building Envelope may contain corrals, barns. storage sheds or � other baildings consistent with the operatian of an agriculture . ' operation upon the Property. Buildit�g Envelope 1 shall consist of . an area of six (6) acres around the existing structure. Within 7 '�� said six-acre parcel, Grantor may construct the new home as � F described herein, attached or detached garages, and may plant F non-native vegetation and landscaping. Additionally, Grantor may 2 construct corrals, barns, storage sheds or other buildings consistent with the o � : peration of an agricultural operation upon the = Property. The only building which may be constructed outside of � the Building Envelopes is a hay barn which must comply with all � . f County codes regulating agricultural out-buildings. The construction of a hay and/or livestock barn and corral and the i' structures and uses currently existing within the Building Envelopes are hereby declared to be consistent development within the Building Envelopes. � . t Any other proposed development or construction of any �� j' additional structures within the Buildinq Envelopes shall be submitted to Grantee for its review and approval under the terms of ; this Conservation Easeanent suEficiently in advance of any planned construction to allow Grantee reasonable time to evaluate such . ' proposal. If Grantee incurs any costs in evaluating any such jproposal, such as, for example, the costs of engaging a wildlife .� biologist or other expert to evaluate the impacts, if any, that the � proposed development might have upon the wfldlife and wildlife habitat and other Conservation Values protected by this % � Conservation Easement, Grantor shall reimburse such reasonabie t costs to Grantee not to exceed $2,000 per application in addition t to normal County application fees. Should Grantee determine that the proposed develogment or construction activity wouZd have . material adverse impacts upon the Conservation Values of the , Conservation Area, Grantor shall either revise its proposal to � • address such impacts or shall withdraw its proposal entirely. Grantee's right to refuse approval for any proposed development as inconsistent with the Conservation Values protected by the terms of this Cohservation Easement must be based upon reasonable objective x.wnwe�vussrsmnsaewna.eca...aa -7- ! - f � 1 � _ .x:w:;'. � , �'<'. � -.. ' t -: � ,,, ' . . � . '�,. � ,.,....._—-._�__ __�__ _ . _ _. , u,7 ..� . . ........... __..._. . _.. .�. - m - .. � - .___.✓ _^ .. _ f , �.�..�;�i�. ��r�'.�+�fi.`�' t;r",,,�1t;';�.�'':' I t � .;��j4�'• �,� :,:y�: , grounds but shall not be limited to the provisions of the Pitkin • _ County Land Use Code so long as it is consistent with the terms of ' this Conservation Easement. �' t' �'? The agreement by Grantee that the foregoing uses or any y':'.':;; further proposed development are consistent with the terms of this ' •. Conservation Easement shall not be interpreted as the granting of i'� any approvals required to be obtained by Grantor from Pitkin County for such uses, and Grantor acknowledges that Grantor must still comply with the provisions of the Pitkin County Land Use Code and ;��'.` any other similar laws in effect at the time any such development ` is proposed; yrovided,that all of the development items contained ��.`r� ., herein are consistent with the provisions of this Conservation �=� Easement and Grantee shall not utilize the provisions of this {-:. - � Conservation Easement to delay or hinder the approval provisions �`� _ described herein. �. I` ` 6. Consistent Uses. The following uses and practices, though not an exhaustive recital of consistent uses and practices, � are consistent with this Conservation Easement when carried out in �, the Conservation Area, and these uses and practices shall in no way be limited or precluded by this Conservation Easement, to wit: ;:;,• a. The continuation of historic farming and ranching Y� ��, operations on the Dart Property, including but not limited to, the � �� cultivation of alfalfa, hay and other grasses customarily planted .f _ in the area, including the use of pesticides so long as used in ,!� accordance with Colorado State University's Best Management Practices and in accordance with labels; plowing and reseeding in accordance with good farming practices; grazing or pasturing of no more than twelve (12) horses; the use of agricultural motorized • • vehicles, including tractors, four-wheelers, backhoes and similar vehicles; takinq the agricultural portion of the Conservation Area out of irrigation (if Grantor so elects), so long as noxious weed control methods are instituted, native grasses and plants are used - to revegetate the formerly irrigatecl fields, and other prudent practices are adopted to prevent the deterioration of the land once irrigation is terminated; and leasing the Property to others for t such purposes. If Grantor enters into an agricultural lease for the Dart Property, it shall discuss with any lessee the limitations , on the use of the Property contained in this Conservation Easement. If Grantor desires to graze more than twelve (12) horses or other domesticated livestock common to the area on the Property, Grantor i, shall utilize one of two accepted grazing practices as follows: (1) Rest-rotation; or (2) Savory (high intensity/short duration) �f method. b. The installation, repair and maintenance of water wells, pumps, irrigation systems, ponds, streams and irrigation ditches. �', .. E-.� � x.wnwrvaza�a�ona.sv��.Pa -8- � � �,�., � . ' I I"III I'III'II"I II�'I I'1'II"II'II'II III"I�'I'II I"I � � I 404371 0S/19/3997 01:01P C�ITRpCT ;;,1 18 of 39 R 0.00 D 0.00 N 0.00 PITKIN CWNTY CLERK�.' . . � ;>: � . ,', . i e :. -• ' .� I� � _ . . �'" �..�----- --� -- __ . . - ----— �� ----- � ��.F:a., ��±�`. �;' ��"�;�;: k: i: c. The takinq of such reasonable steps as are necessary - � to control erosion or to prevent sedimentation of streams or ponds : ., on the Dart Property. i� d. The installation, repair and maintenance of fencing '� �:. +,�. consistent with the fencing currently located 6n the Property, '. provided, however, that if new fencing is installed it shall be of ;�; ,, such height and type of construction that is designed to prevent interference with wildlife i.n accordance with Colorada Division of � - - Wildlife standards. ,{' ,' � li.:�.Y.��`. e. Such cutting and removal of dead, dying or diseased ' : �._;'. timber or brush as may be deemed by Grantor to be reasonably F� ; necessary for fire protection or disease prevention purposes, and � ' such other cutting of live trees sufficient to provide no more than K_: • two (2) cords per Buildinq Envelope per year for firewood and other domestic uses, including construction of permitted fences and other improvements on the Property, �Iovided that timber along the ��" Roaring Fork River and shrub oak along State Highway 82 shall not •. + .: ' be cut. Further, no dead trees may be cut if the cutting shall ► leave fewer than three (3) standing trees on each acre of the Property. f f. The pasturing, grazing, feeding and care_of domestic �'? animals Chat do not comprise a commercial feedlot. ,�i :� g. Passive, non-motorized (except as provided herein), �I ' non-commercial (except as provided hereinj uses, including hiking, � horseback riding, biking, hunting, shooting and archery, fishing ,?� and cross-country skiing, including those limited access rights granted to the public herein, all in accordance with standards intended to assure non-interference with the critical wildlife, riparian, wetland and river habitat; and including development of new trails for such uses either by Grantee in conformance with the public access rights granted by this Conservation Ea5ement or by , - Grantor (subject to the prior written approval of the Grantee, such - approval to be based upon a reasonable determination by Grantee ,- that the location of any trail will not substantially diminish or � impair the Conservation Values of the Conservation Area, or is otherwise consistent with this Conservation Easement, which approval shall not be unreasonably withheld or delayed). h. Performance of any restoration or improvement measures for the habitat or natural features of the Conservation { Area as recommended and/or approved by Grantee provided, however, i, that if recommended by Grantee, such improvement measures must . first be approved by Grantor before any improvements are made and � shall be at Grantee�s sole expense. 7. Prohibited Uses. The following uses and practices by �� Grantor, though not an exhaustive recital of inconsistent uses and �;�� , -�, x.♦a,wncunraiuneau..n..ac�....e -9- �' ' j -- I IIIIII IIIII IIIIII IIIiI IIII Iilllll illll lll lillll ill IIII ;;,�, 404'S71 0'3/19/1997 01:01P CdNTRACT . �+ 19 of 39 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK - ��='::'. ' _ _ .... .. ._ . �_ . . .� t . . � . ..` . / � 1 - i, . � , ; Q � �. ♦ i . .x �_ __ _.^- . ..�- . . . .,.] � _ ,.,.,. ,: �.__. ---- --.- _ _ _. ..__ ___.._� .�� r��- � �t.,•�,�:,,.;�, �.r,::.:_�"'.,,,., , b: practices, are inconsistent with the purposes of this Conservation y'�'=I.. Easement and shall be prohibited: ;`i,�;. ,; w. a. The material change, disturbance, alteration or impairment of the natural, ecological, historic, wildlife, open ;" :`,:�' space or scenic features or values of the Conservation Area, except �. as otherwise permitted in this Conservation Easement. The filling �:�: �,, in or other destruction of the ponds upon the Conservation Area is hereby declared to be inconsistent with the terms of this ' � Conservation Easement; however, should such ponds naturally fill i: �" " with sediment, Grantor may choose to dredge such ponds or not, in . its sole discretion. �� r .k ; b. The Development of any Structures or roads on the .�`^ : � " Conservation Area (as such terms are defined in the current version � of the Pitkin County Land Use Code, attached hereto as Eshibit C), except as permitted in this Conservation Easement or as requested `�' by Grantor (subject to the prior written approval of the Grantee, '�;%: such approval to be based upon a reasonable determination by '�� Grantee that the construction of and proposed location of any � Structure or road will not diminish or impair the Conservation � � , Values of the Conservation Area, or is otherwise consistent with r this Conservation Easement, and such approval shall not be � • unreasonably withheld or delayed). Roads serving residences �+��' ' located upon the Building Envelopes shall be subject to Pitkin ��: County codes. Grantee consents to the existence of the current � �: Driveways on the Property and agrees that additional Driveways �; within the Building Envelopes are consistent with the terms of this Conservation Easement. With respect to improvements on the Conservation Area, no such approval shall be granted for other than a bona fide agricultural outbuilding which does not contain a �f� dwelling unit, such as a livestock or hay barn or shed. The prohibition set forth in this subparagraph shall continue even if the Pitkin County Land Use Cade is revised to amend or eliminate _ such definitions or if the Dart Property, or any portion of the Dart Property, is annexed into a municipality which does not adopt the same definitions of "Development° and "Structure" as currently exists in the Pitkin County Land Use Code. � .� c. The removal, destruction, spraying or cutting of native vegetation or timber, except in accordance with historic R farming or ranching operations on the Property or as may be otherwise permitted in this Conservation Easement. i d. The introduction of non-native plant or animal ;' species to the Dart Property, except as used in normal agricultural � . operations or as otherwise permitted in this Conservation Easement. , ;% `� e. The exploration for or extraction of minerals,. oil, � gas, or other hydrocarbons, soils, sands, gravel, or other �'�� ;�; ,. x.w,we�rmmaooes�..o.vace.�.Pa -1Q- .' � _- I I I"I'I'�III"IIII IIIII I'I'II"II'II")III'IIIIII'I I"I �tt�' 404371 0s/19/1997 01:01P CONTRpCT :�.•.,� 20 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK i ' �� - i ' • !' , t :. -. . �i. � , � '. � �.^'----�---^ .—�- _ , . • �. . . i.�A .: �-_ , ��::�� rr„�: ,J�Mry�. ;.,. "u`��"��'; ,_�. a-!sii�'�,:,�{:;:i�;:'. . u}, materials (but not including water) on or below the surface of the _ Dart Property. ;�,j�_ � f. The dumping or other disposal of refuse, garbage, or " �� '= other unsightly or offensive material other than those incident to :%��'�,•;' normal farming or ranching operations (which incidental materials ' - shall � include appliances, farm implements, pesticides or other �,'�:,� , related refuse). Notwithstanding anything in this Conservation ' Easement to the contrary, this prohibition does not make the • Grantee an owner of the Dart Property nor does it permit the ;��' Grantee to control the use of the Dart Property by the Grantor, which may result in the storage, dumping or disposal of hazardous �� r� � or toxic materials; provided, however, that the Grantee may bring ,k=� an action to protect the Conservation Values of the Conservation �. - ' Area as described in this Conservation Easement. This �ti�' . , prohibition shall not impose liability on the Grantee, nor shall the Grantee be ":ti __ � construed as having liability as a "responsible party" under CERCLA or similar federal or state environmental statutes as a result of ''��4-: this Conservation Easement. �''� q. The commercial use of any motorized vehicles except � i for the occasional use as may be necessary in conjunction with -;.•,• farming and ranching or, or land management consistent with the '� r: permitted uses or emergency vehicles. �� ,�. h. The operation of a commercial feed lot. � ' • i� i. The transfer of development rights which were, are i or may be appurtenant to the Conservation Area. The pazties hereto �� acknowledge and agree that all development rights appurtenant to the Conservation Area are forever extinguished by virtue of the '' grant of this Conservation Easement, with the exception of the limited development allowed by the terms of this Conservation Easement. j. Subdivision of any portion of the Dart Property =' • ' except as otherwise contemplated herein. �' s 8, C-rantee Aj?groval of UnlistPd bu± Consistent Uses and Practice�;,� i p, In the event Grantor wishes to engage in a use ' or practice on the Conservation Area which is not listed above as p i a "Consistent Use" or as a ^Prohibited Use°, Grantor shall send Grantee written notice of Grantor's intention to commence or ' undertake such activity, which notice shall describe all material { aspects of the proposed activity. Said notice (and any other notice required or permitted hereunder) shall be sent by registered � or certified mail, return receipt requested, to the following , �� ' address or to such other address as Grantor may from time to time `',� be informed of in writing by Grantee: h �•}�� , ��, Kw�,wv�vn�s�taim�e.sv..u,.ec,�..p -11- �� ' : -- I I"II�"III�'I"I!lIII I'�'II'1II'II�'�III 1'll'�I'I I"I L�::•' � 404571 0S/19/399T 01:01P CONTRRCT _.�� 21 of 39 R 0.00 D 0.00 N 0•00 PITKIN COUNTr CLERK / ' ';,' : Y � -:. :�' ' , � _ __._— __ '`' M.--�-------._.�—_ .. _ . __ .._ . _ c�% _ —..._i _... �' --. . --.._ � ;:.. ....._ _,_.._.. ,.. ___._.—_.---- I s(��;, V��'.`r�". �'ci�� `�=°�'i�? Pitkin County Board of County Commissioners, "!�-. Piticin County Open Space and Trails Board of :t:;� .� Trustees and Pitkin County Attorney " ,.-, �.� 530 East Main Street ": Third Floor �'° . '• .,.; Aspen, Colorado 81611 �.` Park Trust Ltd., d/b/a Aspen Valley Land Trust P.O. Box 940 � �' Aspen, Colorado 81612 �' •'� � � '�::a f�,...'': Within fifteen (15) days after execution of this Conservation � Easement and from time to time thereafter, Grantee shall notify •k"� . ,H-. ;'_ Grantor in writing of the name of a single individual who will ,,.,. coordinate the actions of the Grantee (representinq both the County � � and AVLT) with respect to all matters relating to this Conservation ��, Easement. The representatives of Grantee shall have thirty (30) ;;` days from the receipt of such notice, as indicated by the -��'r? "' reqistered or certified return receipt, to review the proposed y.' �' activity and to notify Grantor of Grantee's objections thereto. Such objections, if any, shall be based upon Grantee's reasonable �.:' opinion that the proposed activity is materially inconsistent with ':;'?' the terms of this Conservation Easement. If at all possible, said i.� ,� notice shall inform Grantor of the manner in which the proposed !� activity can be modified to be consistent with this Conservation •1� Easement. � '� �i Grantee's response to Grantor's notice, and any other notice ,; that may be required or permitted of Grantee hereunder, shall be ,� sent by registered or certified mail, return receipt requested, to ;j, Grantor at the following address, or to such other address as Grantee from time to time may be informed of in writing by Grantor: Janneli C. Dart � Dart Family Partnership, Ltd. 866 Paraqon Drive Soulder, Colorado 80303 ' ti ` 9 Should Grantee fail to post its response to Grantor's notice within thirty (30) days of the posting of said notice, the proposed activity shall automatically be deemed consistent with the terms of '� this Conservation Easement, and Grantee shall have no further right to object to the activity identified by such notice. ' I Grantor shall be under no liability or obligation for any i' failure in the qivinq of notice as required above with regard to .�� . any activity undertaken by Grantor necessitated by virtue of fire, r " flood, act of God, or other element or cause beyond the control of � Grantor. �� ;�! .. Kiawnrexox�ioi�e.se.,.o.,aca,,..oa -12- . ' j -- I I"III"III'II"I III'I I'I'II"II�II"I III�'II'II II I"I f' ... 404971 0'S/19/1997 01.01P CONTRiiCT '=��+ 22 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ;`�-_. :•..t.:. _ . __ , . _ r ;.- ; ! i' i . ,` • ' �, � -• . . ..� - � } � - • � �h•. �^--- --'_'. - - — ._ — -- — � " , -. .. . m.7 �... _ -- � :u:�� _:.� _ �_..._ _ -- _ � _. ,:: ��1�M��;' � � �. �,,. ,. ,�.:�.�� :...,.,��:,;:, In the event Grantor and Grantee disaqree as to whether a ��";' - `''' , ,': particular use or practice is a "COnsistent Use�' or a "Prohibited - ' Use°, as defined herein, or if Grantor disagrees with a �t.;� �,, determination by Grantee that a proposed activity is inconsistent - 1, with this Conservation Easement, either Grantor or Grantee may •:y�.�;. : submit the dispute to such form of inediation, arbitration or .� confZict resolution as may be mutually acceptable to Grantor and Grantee. In the event af arbitration, the parties agree that the j�`: .. decision of the arbitrator(sj shall be final and binding upon the parties and may be entered as a final judgment in a court of - competent jurisdiction relatinq to such dispute. The non- , prevailing party shall bear the oost of the arbitration, if so ••�:,�-�� selected, however, each party shall pay its own attorney's fees, if .�. any, regardless of outcome. ;� � , . .�.. 9, �q�s nd .�ahi�; i a. Except as otherwise provided in • this Conservation Easement, Grantor, Grantor's heirs, , ., representatives, successors and assigns, shall retain all ,.;�. � responsibilities and shall bear all costs and liabilities of any ,;;: ` kind related to the ownership, operation, upkeep, and maintenance ° of the Dart Property, and in particular, the Conservation Area, including the maintenance of comprehensive general liability � .� insurance coverage in amounts reasonably determined by Grantor. -':�'' Grantor shall add Grantee as an additional insured to such %� insurance coverage, and shall deliver proof of such coverage to �' � ` • Grantee at closing. Grantor shall keep the Dart Property free of � any liens arising out of any work performed for, materials j� furnished to, or obliqations incurred by Grantor which would have � priority over or otherwise adversely affect this conservation �:,� Easement. 10. Taxes and Asse�mentG. Grantor understands that nothing in this Conservation Easement rel.ieves Grantor of any obligation o� restriction imposed by law with respect to the Dart Property, includinq the obligation to pay such reaI. estate taxes as may be assessed from time to time on the Dart Property. Grantor agrees to , pay before delinquency any and all real property taxes, fees, assessments and charges of whatever description assessed or levied �. on the Dart Property, including any tax or assessment on the t Conservation Easement granted by this document. Grantor shall furnish Grantee with satisfactory evidence of payment of such taxes or assessments, upon request. Grantor shall have the riqht to contest any such real property taxes which it feels were not , properly assessed or imposed, provided, however, that should such �' real property taxes or assessments remain unpaid for a period of time that would pose an immediate danger of the Dart Property being ��• lost to tax deed, Grantee shall have the right, in its sole . discretion and without obligation, to pay such taxes, fees, charges or assessments to preserve its rights under this Conservation Easement, and the obligation created by such payment shall bear interest until paid by Grantor to Grantee at the lesser of two (2) ' �:'�1 .. x.wavnrma�wone.se...�aca..ca —13' � ' '- x , i I Illiii illil lillil lllll llil lllllll lliil lli lllilli ll llil + Z3 ef 39 R 0.00 D 0�00 N 0.00 PI7KfN COUNTY CLERK; .� -,.�; i '� t -. � _:_ . � . •.,.p i- �i� ��:•, ��r�*.�.�'. �`4;'.,.�.:. �yy,.;�: t��:;.,.,:. .t: '•::. percentage points over the prime rate of interest from time to time P-:;;�':i4.. charged by Norwest Bank of Denver or the maximum rate allowed by ' law. � i, 11. water Riahts. Grantor hereby retains and reserves the . right to use all water rights appurtenant to the Dart Property, ' �.'•. including but not limited to, all non-tributary ground water appurtenant to the Property. Grantor shall maintain, for the , benefit of the Dart Property, sufEicient water rights to maintain the Conservation Values of the Cbnservation Area, includinq but not �,�;�:; �': limited to, those water rights as may be necessary to irrigate the ' historically irrigated agricultural lands protected by this �;�~' Conservation Easement. No sale, encumbrance, lease (except in connection with agricultural leases) or other transEer of water �� . rights appurtenant to the Dart Property shall be permitted unless " first approved by Grantee, which approval shall not be unreasonably ' withheld or delayed so long as the proposed transfer of water rights will not substantially diminish or impair the Conservation . Values of the Conservation Area, and is otherwise consistent with this Conservation Easement. Anything herein to the contrary notwithstanding, it is the intent of the parties that Seller may sell or transfer (after receipt of approval by Grantee) any water �� rights appurtenant to the Dart Property, if any, which are in �'� excess of those needed for the preservation of the Conservation �t Values of the Conservation Area and other uses of the Dart �i � Property. �' �. 12. Public Access. Public, non-commercial access to limited portions of the Conservation Area is hereby granted by Grantor to � the public as described below: (i) a public access point to Bureau of Land Management ("BLM") lands commonly known as Williams Hill . shall be established at the location noted on Exhibit H hereto; (ii) a public trail easement along Wheatley Gulch creating access to federal public lands adjacent to the north of the Dart Property shall be established in the location noted on Exhibit B hereto; ; � (iii) access to the historic cemetery for research or quiet . contemplation shall be established at the location noted on Exhibit B; and (iv) perpetual public fishing access to the Roaring Fork �, River shall be granted in accordance with the managed access ; currently in effect, as further described in this paragraph 12 below. The limited public access established by the terms of this Conservation Easement may be restricted at certain times of year, such as elk or deer calving, fawning or migration times, in � accordance with recommendations of a wildlife biologist familiar with the Conservation Area, and may further be limited by '• reasonable rules and regulations agreed upon by Grantor and Grantee designed to preserve the Conservation Values of the Property from • time to time. With the exception of the limited entry rights granted to Grantee and the public in this Conservation Easement which shall be limited to the specific areas delineated on Exhibit B, nothing contained in this document shall be construed as ,� ;1�. ` �tm,wr,vnx�xs�on►av..u,rca�„Pe -14 � - � � _ I Illlli IIIII Illill Ilitl lill Illlllt Illil III IIIINI II IIII '�� ' 404�371 06/39/1997 03:03P CONTRNCT 24 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � ! ___ i ! . i . t , �'' , y r ' � ' ,y � . . �_ �.�_ � _. .._ .. ...._ _.- .._. ._ . . ��'__��.-- R.I ` - � h t�k �Y : ,��:^'S:�c.'�; affording the public access to the Building Envelopes or other ��:: ��,��''(:�� portions of the Conservation Area not specifically delineated on % �_ Exhibit S as available to the public. Except as specifically :� provided herein, Grantor retains the right to control access to ':+,"' `•> the Building Envelopes and the Conservation Area and shall have the ' 1� right to enforce any prohibition of public access by all lawful ;.`�� means available to the owner of private property. � Grantee shall, at its expense and after consultation with j"� .' Grantor, install signage and any other reasonable measures necessary to educate the public about the locations of .public �:.` access on the Dart Property, the limitations upon such access, and • the fact that all other portions of the Dart Property remain `�"�" � private and unavailable to the public for use without permission of ��-� ' the Grantor, which the Grantor shall have the right to grant or `k- . refuse in Grantor's sole discretion. However, Grantor aqrees it '".` , will accommodate whenever conveniant requests by local schools, wildlife biologists, and ecological and environmental groups for access to the Conservation Area to study and learn about �"•; -- Conservation and preservation techniques. Grantee shall cooperate ��- with Grantor in enforcing Grantor's private property rights and ��'' limiting the public's access to those locations specifically identified on Exhibit B. � 1 ;:.,. Grantee shall coordinate the Williams Hill access with the BLM �. ` ` and the Colorado Department of Transportation and shall coordinate �� the access through Wheatley Gulch with the U.S. Forest Service. a � Grantee, at its discretion, shall construct low-impact trail� �; and/or fencing at Grantee's expense to direct public access across the areas delineated for public access and may also erect a small :! fence around the historic cemetery to protect the character of the cemetery. Should Grantor request that Grantee construct such low- '$' impact trails and/or fencing, Grantee shall confer with Grantor about the design of such trails and fencing and shall incorporate Grantor's reasonable requests relative to the design of the trails as well as requests relative to directinq the public to remain on designated public access areas only. The parties hereto shall • revisit from time to time the nature and extent of the public access created by this Conservation Easement to assure that it does ;� y not adversely affect the Conservation Values of the Conservation Easement or Grantor's quiet use and enjoyment of the Dart Property. If such values are adversely affected or if such access is k unreasonably disruptinq Grantor's quiet use and enjoyment of the Dart Property, such public access may be relocated, restricted or closed, if determined necessary to preserve the Conservation { Values. ,� Grantor agrees to maintain managed public fishing access to � ��; the Roaring Fork River in perpetuity in accurdance with ;I recommendations of the Colorado Division of Wildlife's aquatic biologists, provided that unless otherwise agreed by Grantor, such �,'•E � +IN!:ti,. ,. x.�rnwe�rnxn,sw��eaa..u.ac�..,e -ls- , ' I illlil iflll tlllll Illii 1111IIti11f liltl III III1111 il IIII . "Y , � -- : , � 4045'f1 05119/1997 0L•01P CONTRi1CT `-�}`- 2S of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ':..i _ . � '�'':^'.,., � � 1' ,, � ' �. :. � '��. _:T�_—.--- — _,� _ - - -- — _ n,i � ��Y''i.��, : t?: ; k�,., �;:�,...'s.. � �.;�.,�{a� ' ��.r.�':;t`':�. access shall not be greater than the public fishing aocess that ,;;'' V'� ' exists as of the date of execution of this Conservation Easement. - The current access allows a maximum six (6) individuals at any one � time to access the river from the Dart Property. Fishermen must �: pick up an access card at Taylor Czeek Fly Shop in Basalt, or such " alternative party as may administer the fishing rights in the ' . . future, prior to entering the Dart Property. Glxrrent access policy permits the administrator of the public fishing access to retain no � more than one (1) access card itself at any one time. As part of the compensation paid to Taylor Creek Fly Shop or another party administerinq the fishing rights to the Roaring Fork River acrass the Dart Property, Grantor may allow such administrator oommercial :_;��' fishing rights to the ponds located on the Dart Property east of Buildinq Envelope 2 (provided such use does not adversely impact , the critical wetlands or ripazian areas around the ponds), and may also rent the school house located in Building Envelope 1 as part ' of the fishing program. � 13. Roar�na Fork R�ver Re�t Area. Grantor hereby gran�s a 4 � public, non-commercial kayak/raft pullou� and rest area on the ,� Roaring Fork River in the location noted on Exhibit B hereto. Such ; rest area shall be used by in-river recreationists only, and no � } access to other portions of the Dart Property or access to any ?' public road shall be allowed by virtue of the river rest area. ,�i , Grantee, at Grantee's expense, shall install signs explaining the � • limitations upon such rest area, after consultation with Grantor ' � about the languaqe, design and location of such signs and approval of such signage by Grantor. � 14. Residual Estate. As expressly provided in Section 38- 30.5-105 of the Colorado Revised Statutes, all interests and rights 4 of ownership not transferred and conveyed to Grantee by this � Conservation Easement shall remain in Grantor, including the right j to engage in all uses of the Dart Property which are not inconsistent with tbe Conservation Easement or prohibited by this { Conservation Easement or b]r law. � 15_ $Sbse�ent S^��, Fxchanae Gondemnat�on or Snvoluntarv � � Conversion. Grantor and Grantee agree that the granting of this � Easement immediately vests the Grantee with a property right, and � '1 the fair market value of this property right as compared to the ' � fair market value of the entire Dart Property has been determined 4 i by the Appraisal of the Daxt Property and the Conservation Easement �' � as described in paragraph 1 hereof. This Appraisal shall establish j f the relative values of the Conservation Easement and the remaining � portions of the Dart Property for purposes of any future actions. , The parties hereto agree that in the event of a request to t . extinquish this Conservation Easement, the initiation of an � � involuntary conversion or condemnation action, or any other action which results in the termination of all or a portion of the Conservation Easement on the Dart Property, the compensation of the � , - x:�v,weurnxsnniona_mr.o..ec«�.�ce "16' ' - i I�"��I�'II�'�I�'�III'I�'�'II'III'�I"�lll'�III!"I I"I � 404571 0'3/19/1997 01:03P CONTRfICT 26 ef 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CI.ERK . ,.:..�:r .. .. .. . _ _. . . . � - l.' , / . �,�.� � •: : 1 , ; _. �a � • '}• _ • _ . � . / a; �^—___..-- -_--•—. -. _—_– � _. — - . ____. ` �. . . u! ,; <... , , _ __._ ,� .. -- _.._ . . -- -- - - , - _f ;�,�� .. .. . ,,. , ,,,, _;� . . ,.. .. . ; ... _ „. . .. :.... .... :... _. , �� { � �p r F`.,V�w 'L r�,}_,,,� �: wc•.', i Grantor and Grantee shall be based upon the relative ratios of - ownership as indicated in the Appraisal. The Grantiee may be 'i{�;�.. -< compensated for the value of this property right only in the event �� of a change in conditions resulting in the extinguishment of the ' Conservation Easement (as provided in Treas. Reg. Section 1.170A- � . 14(g) (6) (i)). In such event, Grantee shall apply its share of the proceeds in a manner consistent with the conservation purposes of 1�'' �� the Conservation Easement or for the protection of a ��relatively natural habitat of fish, wildlife, or plants or similar ecosystem" ,''_, as that phrase is used in the Internal Revenue Code. If the . ' Conservation Easement is taken, in whole or in part, by exercise of �"r•�' the power of eminent domain, Grantee shall be entitled to com ensation in accordance with a licable law in an amount as `� � . P PP t:i� . determined by the values established by this paragraph. •f-." r,'_, 16. s�ihC�quent Transfer�, Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal ,__.� : r.., instrument by which it divests itself of any interest in all or a :,; portion of the Dart Property, includinq, without limitation, a ': leasehold interest. Grantor further agrees to give Grantee written °!� notice of the transfer of any interest at least fifteen (15) days �:,,:� prior to the date of such transPer, including the transferee's '' name, address and telephone number. The failure of Grantor to ' ' �',` perform any act required by this paragraph shall not impair the $ validity of this Conservation Easement or limit its enfarceability � ' in any way. ii ,I 17. EiQld Harmless. Grantor shall hold harmless, indemnify ;� and defend Grantee, volunteer citizen board members, employees, �' agents and the heirs, personal representatives, successors, and � assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death or . 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 Dart Property, regardless of cause, unless due ! solely or in part to the negligenae or deliberate actions of any of the Indemnified Parties; and (2) the presence or release of � hazardous or toxic substances on, under or about the Dart Property, unless such release was caused by an Indemnified Party. For the purpose of this paragraph, hazardous or toxic substances shall mean �� any hazardous or toxic substance which is regulated under any federal, state or local law. Anything herein to the contrary �� notwithstanding, any liability under this agreement shall be . limited to Grantor's interest in the Dart Property and neither Grantor nor any of its partners, members, officers or representatives shall have any personal liability relating to this indemnity provision. ;� , .�� : xwwe�nxsr�a�m��se amac' ..pe -17- Fi l�r 1 I"I��III��I�II II�'I I'�'II�'ll'II"I II��'I'll��I��I .� 404571 8S/19/1997 81.01P CONTRACT �', 27 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ��. / , i�,;: . ^ ' r . ' ��. s 'u.. . ' ._ .. — ,.. _— ._ _ _._.._ —..._ . �. .....---------�_—'—_ . .. . :.,i __ 'P .._.... . .... _ _........ de_..—. . ........__ . , ' . ._.. .. . .___� - _ . _ ��. .. . .__._._. ...._....� . . 4�. - ..r .. ....._. .. . .�.i . ..1 . _. . ..'! .. ..-•. . . -_. . 1.�i1. ...... .-. .... . ��., µt��h�1 `�` �,, r.�� '��. h.�:.. . fa�, - ' '�:.' 18. AmPn m ., , The fact that any use of the Dart Property � that is expressly prohibited by this Conservation Easement, or any �� ` other use as determined to be inaonsistent with the purpose of this "�. Easement may become more economically valuable than consistent uses ;,�� allowed by this Conservation Easement, or that neighboring • . properties may in the future be put entirely to uses that are not � ` permitted hereundeir, has been considered by the Grantor in granting �� '' this Conservation Easement. It is Grantor's belief that any such changes will increase the benefit to the pubZic of the continuation `f'.'�,'� of this Conservation Easement, and it is the intent of both Grantor and Grantee that any such changes should not be assumed to be "' Y ` circumstances justifyinq the termination, extinguishment or automatic amendment of this Conseroation Easement. In addition, � ,^ , - the inability to carry on any or all of the Consistent Uses, or the . unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination, extinguishment or automatic amendment. �,: �}�: Notwithstandinq the foregoing, however, Grantor and Grantee + recogni2e that circumstances may arise under which an amendment to �:, or modification of this Conservation Easement would be appropriate. '�- Accordin 1 Grantor and Grantee ma J[ 5 y, y jointly amend this , Conservation Easement, provided that no amendment shall be allowed �'.p that will affect the qualification of this Conservation Easement ��` under Section 38-30.5-101, g� �e�•, Colorado Revised Statutes, nor " - its qualification as a conservation easement for purposes of the �f Internal Revenue Code,.and any amendment shall be consistent with �� the conservation purposes of this Conservation Easement, and shall ;� not affect its perpetual duration. Any such amendment must be signed both Grantor and Grantee or their successors and assigns and ' shall be effective upon recording in the official records of Pitkin County, Colorado. Although this paragraph recognizes that an amendment to this Conservation Easement may be appropriate in . certain circumstances, the terms of this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an • amendment requested by the other party. . 19. Fx i �ishment. If circumstances arise in the future � that render the purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether with respect to all or part of the Dart Property, by judicial proceeding in a court of competent ;� jurisdiction. i I 20. Fnforcement and Waiver. Enforcement of the tex'ms and ;' provisions of this Conservation Easement shall be at the discretion ,� • of Grantee. Any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor shall not be � deemed or construed to be a waiver of Grantee's rights hereunder in the event of any subsequent breach. Grantor hereby waives any defense of laches, estoppel or prescription. _��. ° �' ' _- x�avr.r•n:v�s�on��v o.aco.�..w -18- , I I I"III'�III"II�I II�'1 I'I'II'lll'II�'�III��II'If II I�'I „i � 4046T1 0Sl19/1997 01:01P CONTRpCT f 28 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK i;. ' ,... .. 4'";. : / � t',. J.. r � �'�' � . �V.. � ... __ . ... _ .._ ._..�. �—.. . . �—____ .._—r--. . ..�__... �n,� 1 �t `��crM��'� =Y� � t�.,�,� � 21. Fnfor ment of R�ght�• f�,;:�...f;�';�•;; ,. a. In the event of a violation by Grantor or a third party of any term, condition, covenant, or restriction contained in ?`�- ` this Conservation Easement, Grantee shall give the Grantor written "�;; notice of such violation, describing the violation and making ',,,�� demand that the violation cease and be remedied. if, after fifteen � . (15) days following receipt of such notice (as indicated by the • � registered or certified mail return receipt), the violation has not �� ' been corrected (or such correction commenced if it would reasonably take longer than fifteen (15) days to remedy) or the prohibited use r"'.;;. �. terminated, and any damage to the Conservation Area remedied and � the Conservation Area restored, or steps taken to ensure the swift �"r�� restoration of the Property; or, alternatively, if a written �::� - explanation to Grantee of the reason why the alleged violation � . should be permitted is not delivered to Grantee within such fifteen � ' � (15) day period, then Grantee may enjoin by temporary or permanent � � � injunction such violation, or may take such other action as it j' , ; deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Conservation Easement; provided, �r'� however, that any failure to so act by the Grantee shall not be � deemed to be �a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Conservation Easement �o� in the future. ��•y'i H'•;; b. Grantor further intends that should any Prohibited p�,; - Use be undertaken on the Conservation Area, the Grantee shall have '� the right to cause the restoration of that portion of the �:ii Conservation Area affected by such activity to the condition that � existed prior to the undertaking of such prohibited activity. In �� such case, the cost of such restoration shall be borne by Grantor, • Grantor's successors or assigns. Nothing contained herein shall be construed to preclude Grantor from exhausting legal remedies in determining whether the proposed activity to which the Grantee has objected is consistent with this Conservation Easement. c. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees (even in � the event that the Grantee secures redress without a completed judicial proceeding), and any costs of restoration necessitated by violation of the terms of this Conservation Easement, shall be ;� repaid immediately to Grantee by Grantor. If Grantor prevails in i any action to enforce the terms of this Conservation Easement ; whether brought by Grantor or Grantee, the costs of suit, including, without limitation, reasonable attorneys' fees of Grantor, shall be paid by Grantee. d. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor or require Grantor to take any affirmative action relating ;�, �. xw�wnr:vs�miona-m.�o�...va -19- r ', �:c . I IIIIII 11111�llll111111111i IIIIOi Ilill III Ilillll ll IIII ' � -- 404671 09/19/1997 01:01P CONTRi1CT � 29 of 39 R 0.00 D 0.0 0 N 0.00 PITKIN COUNTY CLERK _ , � :,,y; . _ � �,�.'';: ti , ^ I � ... + ' .. h . ` e,i � ___ —._ _�. :'� —... ;.�;�,�;�, �� f� ., s: ��F� �'. �' „;;` ;..�:.:. , to any injury to or chanqe in the Conservation Area resulting from ' causes beyond the control of Grantor, including, without �.;, � limitation, fire, flood, storm, and earth movement, or from any �.� prudent or good faith action taken by Grantor under emergency "' conditions to prevent, abate, or mitigate siqnificant injury to the ''' . '�• . Conservation Az'ea and/or the Dart Property resulting from such � causes. �:'�. �,, e. Notwithstanding any other provision hereof to the �� contrary, upon a transfer to a third party of Grantor's interest in '` `' all or any portion of the Dart Property, Grantor's rights and � >-;r`` obligations under this Conservation Easement relating to the � property transferred shall automaticall k"� y pass to said third party, , and Grantor shall have no further rights or responsibilities �' " hereunder with respect to such property transferred, except that (:. . ' liability for acts or omissions occurring prior to transfer shall �?, , survive transfer. k. � , 22. Ass; m n . Any assignment or transfer by Grantee of its j:�' rights hereunder shall be subject to the prior written notice to t Grantor. Grantee may assign this Conservation Easement only to a �:i� charitable organization exempt under Section 501 (c) (3) of the �- ',' Internal Revenue Code of 1954, as amended, which organization was %±' created at least two (2) years prior to receipt by it of the � ' Conservation Easement rovided that '��' , p (a) in the judgment of , Grantee, the assiqnee organization has the ability, experience, ;; . interest and resources to oarry out the conservation objectives ,! expressed in this Conservation Easement, and (b) the assignee ;� organization agrees in writing to abzde by and to carry out �he intentions of Grantor and Grantee as e�cpressed in this Conservation Easement. 23. Bindinq .fF Pp�}� Ru�e Acja,;nst Pery �i ' ; Cev ab�1 i v. This Conservation Easement shall run with the title to the Dart Propertjr and shall be binding upon and inure ta the benefit of the . parties hereto and their respective heirs, personal representatives, successors and assigns in perpetuity. If any term or provision of this Conservation Easement would otherwise violate ' p the rule against perpetuities or the rule restrictinq restraints on alienation, such term or provision shall automatically expire and be of no further force or effect twenty (20) years following the death of the last to die of Peter J. Dart, Frederick F. Peirce, and James R. True, and their now living children. If any provision of this Conservation Easement or the application thereof to any person i or circumstance is found to be invalid, the remainder of the � provisions hereof and the application of such provision to persons �i . or circumstances other than those to which it is found to be -:� invalid, shall not be affected thereby. 24. ?oint ob�i,ga ion; � . co c, The obligations imposed by this Conservation Easement upon the Grantor and Grantee shall be ��i � x.w,weirrss�m�m�•@ - „e+ -2�- ,� { .1 . I iitill iiilf ililll Hiii 111111111i1 illll I!i IIII Il111 Itll ��;:�, 404671 0Sf19/1997 03:01P CONTRpCT . a 30 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK / f . �'� . � : � . .�. . _ � �� ...r---- =------- — -- . ;_ _ _ i,,a ' `- - - --�-� ., _K'�. . . .. . -._' '-... . . t��;��: �� ' S ��'.. ��r.�,:.�:a�:'.. joint and several. The covenants, terms, conditions, and ;`?',._`' restrictions of this Consezvation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their i��- i,, respeetive personal representatives, heixs, successors, and assigns '�. and shall continue as a servitude running in perpetuity with the •,,�•� - _ .,• title to the Dart Property. � - 25. ?��retation. The provisions of this Consezvation !�`�' �• Easement shall be construed to effectuate their purpose of praservinq and protecting the Conservation Values of the �_�:;�; ': Conservation Area. No remedy or election given by any provision in . :;, ;;;,..'�: this Conservation Easement shall be deemed exclusive unless so - �r� indioated, but it shall, wherever possible, be cumulative with all 'k'_;�: - other remedies at law or in equity. The parties acknowledqe that ;�, •- each party and its counsel have reviewed and revised this �:: Conservation Easement and that no rule of construction that �: : ambiguities are to be resolved against the drafting party shall be �-; . employed in the interpretation of this Conservation Easement. «s;.�s ":� This Easement shall be interpreted in accordance with the laws of the State of Colorado. ��° ' ' �k . IN WITNESS WHEREOF, Grantor and Grantee have executed this I�:,y� Conservation Easement as of the day and year first above written. �`� r ;�,t ,t g ATTEST: GRANTEE: " BOARD OF COUNTY COMMISSIONER5 OF - PITKIN COUNTY, COLORADO . By� Jeanette Jones James R. True, Chairman ; Deputy Clerk and Recorder DATE: APPROVED AS TO FORM: MANAGER APPROVAL: County Attorney Suzanne Konchan County Manager � RECOMMENDED FOR APPROVAL: C ne Ellen Ha�ilton, Chief Executive Officer - pen Space and Trails �?. „ ' xw,weurnassteUm�e.sr.oe,eca..oe -21- � ' jM"- 1 I I �I'II'III�fl�,l III I'4I'I4�I�"l � ` ' I„'�II�'II�III�I1��OI:B1P CONTRRCT 31 oF 39 R 0.00 D 0.08 N 0•00 PI'[KIN CAUNTY CLERK �,; . 4��.. : . . ....... . . ..... ... .:. . .. . . .... .. . .. � , ' � . �+.... '' . . / / ' ♦ t 1 �1 �� , �: I• � ' ' . '�.. _. . ._ ..._ __.._...____�_.._� � ' �^�._-_ � . . � . / �_ ^ �±�s:' .:��ti , --- _ _. _ .--- -- . ,: �:; : `.��;�� ,�a',i�'a`x, . . ��'.�r:5,•`'^�'�' t� 1�� APPROVED AS TO CONTENT: y� `-`': , ':t�{'� i' '�. Chair, �,%�� ".;�' open Space and Trails Board of Trustees ' • j:"�. • . GRANTEE: � PARK TRUST, LTD,, D/B/A ASPEN VALLEY LAND TRUST p,'�`;?. � ;i.i:r'�.. sy: 'k:::� Darcey Brown, President - .`..,. GRANTOR: DART FAMILY PARTNERSHIP� I,TD., , � A COLORADO LIMITED PARTNERSHIP i : By: : , General Partner ':r;� y.f ,�f ' STATE OF ) • ; ) ss. - COUNTY OF ) u i t _ � The foreqoing instrument was acknowledged before me this day of , 19_ by , general partner of the Dart Family Partnership, Ltd., a Colorado limited � partnership. Witness my hand and official seal. My commission expires: �.! ' _ " Notary Public � .. ,� i ��'I�I�I'lII"�"��II'I�'I'II"I�I(�I'�('��I'��IIII I") 404571 06/19/1997 01.01P CONTRi1CT 32 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � " x.+n�ave�rn7s�ioi�a.m..u.�eraa.re -�- I � 1^•" . � i; 4 ; .__.. ._.._..,..- ...._.. . .... . . ._. ...---._:._ usf-i�r. �. . _...___._ . . _.__.___ . ,.� . . ._ - ---._. . _... . _...__._ .. _...._.. ..: ,...... ... / � . . I �A1' . � :. 4 �r. � % ' . - � � _ - f� . �� i. ' . . ... � .. . � _-' ! •x � . . � ' � ' � . . � �_'_ ._. .__..__._ - ..__.... ..__. . � ., . . , �_ , ', '� � � � _ _ .. _ _,.,.... `��`h�,. ' � �i,... ��=� °. . ,,�'+;•.,. ti�s: . EXHIBIT A <`fo D£.�b� - • (LEGAL DE5CRIFTION OF DAT2T PROPEIiT'Y) ,�� ' _ Trsct 7s (�Isa deseriA�d as Lots S and s), toCS 74, l8. 16, 8eclton 2B, and a -�='% portfoa ol Ti�tct 73 (also drscribed aS Laf s) aqd Locs ]5 and lo, Seccipn 2T, Toxnshlp 8 Saa�h, Raa�e RE N.sf, 6eh P.M. De1ng»ar�p:ertleularlp described us ' follawr: ��• Bepinning aT a u.S.6.L.0. 6rass cap proparly ararked tar Mg1e Point f4 of sa�d 4ract 93; fhenre,N. 89•31'44° 1I. 284•68 teat alortg the Saatherly Ltrte a,C s11d 1.:r��' - Tract 73 io 3 U.S.G,L.O. brass cap praperly ararkpd tor Mgte Polnt s4 aP 7`rac[ . � 92; tAcace S. 89'39'18"M, 538,s.FiB Peet alang ihe Souttrerl3 1in� ot aaid irac; 73 t0 a U.S.G.L.O, brass cap praperlp xarhed Por Aagla Pv1at s3 01 saJd 7'ract ! ' T3: rhance N, �0�•OS'3D" $, 3Q.t,01 feei sjong the Plesferty line ot said TracC • 93 io a pntnt oa tke 9artheriy R.D.1V: ot IIiehwop aa; ihcncre slarp sasd NoriAerly� R.O.w. ot Rlahar�q s2 3nA alone a curae �o !de lePt hsving a chord bearin,g of S. 8I'4o'42" E. 87.28 teef a�rd a radias af 1096,00 teet; theace . departtn� said R•O.H ot Nfgh:+ay 82 N. 49°48'46' 6, 2a6.05 Peef Ca a pofnc nn �;- the cenfarline ot tha Roor3qB Pork R�ver; thence alang s�t.fd ceaterl.ine ot tha ' Rvt�rtug pork Stver fhe follmring fhree (3) courses: � ' A. aa°is•os° x. •so�.sr reer; w' N. 42°D1�2S" k�. 203.48 Peef; G 1V. 59'36'40^ M. 78.29 teet to a poiat on tbe R'e�tarly lsne oP sald Trsci 73; �,.� thenc•e N. 00°01'30" E. •526,13 teet alon� �he wesierly line �t szid Tract 73, �` Sectton 27 Co a U.S.G.L.O. brass c�p praperly=ai-ked for Auple Point i�2 O.f 391d ( rract 93; cReaca N. 04'20'OI' E. 7ss.os teet alang the MestetlS' lt�° oI s,Tld 1f - Lat SU. Sacfion 27: thtnce lil, 89°5�'OD' E. 26QB.58 fee� slort¢ the.Yariherly I lino af said Lots 25 and 16, Ser.tion Z7; tAeae� H. 89`52'00" 6. 2841.Sa leef � , alan� i6e Hoi-Chtrly 12ae ot sald Lots 15 aed I6, Secifoa 26; theaee N. 88'32'23° &. 5332.Ss ferT olon?!At Not'Lherly liae ot aaid tat !4, Secfion 2G; � tbencc S. 00•43'28' X. 872.8 teai along tds Eastetly Itne of sald Lo[ 24, ' . 3eciiao 2B; tbence N. 88'21'17' M. 1120.78 Peee along Lhe SoufAerty l�ne of sald Lot 14, Sec�ion 26,- thenca S. Oo°o8'16"C. 1304.69 leet aleng the 6asierly 11ae ol safQ Tracf 73 ta the Poini ot Baztaning. - E[cepCin�hGrefCOU 31! 049FA18rit3 and righfs of pay ol rveord.u�d [he Yrace o! laad eaclased and ased !or ceaetarp p�rryoser kaoaa as che"l�heafly Caaetery". to�ther wtth a str,ty at.land tea.tee[ aide on tpe nvrtk side and sirlp bf land tea t<e� aide on ttre soutb stde at the PPaces enr.lnstnA said cemeters, bGing s tract of land �pproz3marely 50 l�tet by JS fert, and a pr3vate riA4t of waS• 18 feer i» crtd[h to and Prai safd cewpirry oxiendln,� lros t6r soath sider aC , aaid ccme[cry io sha Gouqiy Road_ � TAe :rba�e sas faXen fro� deserip:inrs of Recntd rtnd previou� sucveYs Dy Searrox l aad Nallcer dafed 1,�11/72, 6JL�94, 7,�7,`O5, dpd 6,�4,�96. ' '` f I IIIIII Illllilllillliil IIIIl1111I11111111111111[NIIIII �� . 404S7i 05l19l1997 01:01P CONTRpCT 33 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ,�:�. ' ��. � -- 1 b.� ; . � .. . . . _.._.. f.' .:�. . ... . - :_ .j. . ... . .. .. ... .. . . . . .. . . . . / _.. . ,' . . . .. . . . . ._I. .. ...., . .t` . � _ � t-. .�. . , �a , , - .�•.,. ♦ .- _ . , . , ,t .. �_ _ _ �._.. _ __- .. _ — . . .._ _'_'__.�.__ . . . � � ��..;.._. ,- � -- --:__.� u l �..:. ,.:... -----_ __ �,/'8'� � 830 P92/03 MRY 15 '97 11:3H t ��, REMfiX CONSULTRNTS � ' . �r} `� T �p t� ��a .l � � ;; ,,�w , I '`n�,'�� { 'Z. i2. � '.Y,'S��- � �� a�`' - . �� e . �, M � :J, i ` Q 1�. . � V� a ,`:. Z Y r � ' � � � Pz . � -- — .�1 : ; �- � ` ...:: , } '�" z � , � � � . a ! � � _ _ � � M ' F-� ` �a d w � � � , � � � ��m � � a (�° —~Z �- � � —mm =..m � a �mm { � z � —rn � - nw � ��m , • s '�"m � ._.� - t '� i �001 .. .j � ��.+� . � . t � r�O . . 4 � —Q PI �i �. . � '� �w _ � �� a . � ,TC i • � � �� / �� " ... . _. �!`�- '� � � . �� r�' , ' Z � �� . �' Y t:.... . . � . a � _ , � � q ` � r � � �� N � �tlrt ).MI�/M . •-trw . .�, .�' _. . . .. .. . . .. � . . . . � , } '��, _ ' / . � s r''� � �1., -. , � '. ' r . 'k, � wn+-�.---._— -- —_.. _._..�._— -- ` � . .. . . / / '�K.�" �rw� __... . �� 1 , ' � �oN�T�s EX/f/8/T"B�, _.. ---_ ;,,.,;, � � B36 P03i63 MAY 15 '97 11:38 � '� • �� p.� � ,�� . . � • ��4 � �; R � �� . . .��:,._ � � k �:��:; � ,.. .:� � . , � �ti� � � s �� . :=,.: w�' . ' , A � , 4 1 � � ^ Y '1 � ' r` R ,_: - � � � �� ' I . y � + i . • � F ' 3 . • �� . r� �� .1, � � '� � � � � _ , o � � . � t � � ♦ AL = t Q X a . ; . r �w _ �. ( ; " ; - i IlIIIII illl!MIIIII illll llli lllllll Nill lli IIIII Iil!IIII ; t � 404571 0s/19/1997 01.01P CONTRACT ; ; ; 3J of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK i ` �� t � ! j � � �� , � I V E i � , � � . . . . . � � �� ; . �'�� _ � � � � : . P�� . A � � Z ., i�;__. � � • � a, � ,. ,.,,, �' ; . _ ___ � _ . � , , . ___. __ . _ ,. , � - , ,�. � y y' �.. , . - . ` . I, ., , . . I� .. ( __ .. - � ... . • . � " .k ' - � . ' �. !.r...��— _ ... _._. ._.__ . . � , / . ,,; t-�- -- _.... --- _ _ __ ___.____.. _.___.___.._._�_��-------°' •.• i�air-i�-i�y7� .d�53 �rnui9 �cuncrci� r �.-r�r�irv . . ..... . . ., ��.e��17o r.uc -...._._. r� r �i•�.. r s� .. � {f !� . • �trr�.� t.� . ExI�'181� 8 . ; . ° � , � , >> � ��.� ° �;� � ��z��.��ti* �:,��I� l l��Ll��, J,�� ` �_ . : . . ; . -:; ' . � • CL1FCt:{C1`lCLI Land Sur.rryncx ' � . �-: . '{.,_ .; • ; • . 818 Culorad��rlvenur• , , �,� . ' ' � Gleawrxxi SprintCs,Culnr�du Blti()I ` . (97d) '.�tri-�36tL{ � `� � . . , ;�, . .. • . . ' . . . . . . • ' - • I . . . . - : .. � , � ' . • . . AART PAMILY PARTXERSNIP ' \ )`�� ', ,�, ... . � , � SCNOOL NOl1SE AARCEL . . • . . . J:-.s?.,�' . • � ', PROPERTY D83CRIPTION. •' ''* � , •k_ ;..: -'.:�•Tract ,73, (alsb�i�esc'sfbeil 3s Lots 5 anQ 6),' tvts 14, 15, 1�, Serciaa 2s, . `�±.:. - '� I'oamskfp s sonib, RanPe 86 West, 6th�P.af. beln�aore part.fevlarly deserthed as � „ 'r' . :`:•Pol2oiis: " . • Be�talrtng at a point 'troa, w6eace a U.S.G.L.O.'Drass Cap propeu�ly isrked fvr � �';i �Ahgle Poia.f #J nP said Ttscf ?3 bears 3. 64'48`OS° b'. 1452.21�Peei: tbence +;- ., c'5�80°45�42' 8, 1341.8� teet; rbeace 3, 78•57'23" b'. 225.97 feet; theacr�S. "" . � '��• ''�''6S•10'20' M. 278.Y1 teec; thence N.�'89•50'48"•.N. •180.30..f et;.; fhenee N.. ! � ��ti79'92�05^ M: .889.98 '#eat;' lbeace A. BS•I9�37'� N.�'243:28 t'et; 'fhettCe. N.� �a �` �-� ' . , , � 5. . . a p,�.:,,. �,� .:-;i=3S I2 07 f/. 105.24 feet•Yo the Point Of�,B¢gIRt1�A�, sstd psr.cyi contatn�»g O q� .; i ��=w+5.38�acres, irore or. lass. • . - � . "'.'�.i ' .�'.? ''/rij.� ,. . ' ' .ti.� : '_ ' � � a ' ' ..#r;. ;"-7._ . , . _ . ,. ','' . , ��_ .. .i' ;:�,��r'-t.,,;'ii._ .y, ' • . ' � . ';`- . ' ' . .. m m= ��l - r'-, . .. � .PARJ!BOUSS PARCSL . , : m�'m� ;-,- .�:,, .. � . . ., ; - i � • , . o�=j. i ts:r'r i' _ t 1;: PROPSRT'Y DSSC!?IP1'IQN . . "' . , �m�� : - ' :�.:��.Fj\�:?iP>l•. :i.i�::'rr'!:'y','.;`•i-'��,:II:,'r.ic:.e...�;.�. ♦ _ ..^f'J::i :j;s' . .. ':7'.+ mF+�_t�: �ji ;; ,1�.J:: . . ::.:.:•.. • : .:..'..:__ ...,:•] � ��1.•°.` „';iract ?3�.(sl'so deacr.i6ed as Lols S �end,6),'Lots.14,•..25, .I6, Se tXon 2B, aud t , a��• ��^��',. ' �. '�..patiioa of Traai 78 (u.lso,deacrfbed as Lot�6) aud Lota,15 and B,'-Seeftaut 27. _��' .: •:':.:�'olruship 8.Sout7l,;Raagr 86.Weat,•Bfh P.X. betng Rore particular�y descri6sd as mo� . ".l'ollo,ra: '�:::•. �.� .. • ' . ' . . � . . � m�� _ .—� . . . � . . . .: . ' M�— � . �,;:Beginaing af �a:.po'�t•,troa nhence s D.S.s..L.D. brass�cap�`pro. T y:iarlced tar �-�� '��Aitgle-'Pa1ar'ss�.4f:.aaia•"`rracr"�s eears s. 89'9,s!22•.,X.;s�9e.ex� eet: :ihnnce�V: �. •� Z , '-:•��.00'2d'39."..Jl..,��33S.2ix .!'eet;��thence A. SZ'19�Yl" B. �'sq3.f4�! t:,.:thenca S. � � e `::�Q9.'18�52�"�;:W:'�333.4d� teet: thence 3. �8•31'40" N. 2C4.03 .t'et;'.�t6eace •3.. . � � .• ' `�-`�:60!�7!1B"�:M..s�a.;so�teer ro fhe Point of BegSntting, �: Said pa�cel, conta9ntna� .., y �� -. ...::�N".� - . • . . . . . . . . � :'•3.06�aeres.=.iore o'r 2esr.- .. . , .. --' • . ,.!�� . . � — .. ..�. � : .. � . . aa►u�►rarrcai -� � '�. �.. ;;..;,-. . � : � � � i . . . , .. � . . , .. .. � .. PROPBRtY DESCRIPTION .;,.. _ . . :�;, . , .. ... • --• , �R 2'ratt 73'(also descrfbed as Lats 5 aad 6), 'Lois Y4,•�15,� 18, Seat3oa 26, � ,� TowasAip 8 Seuth, Rang+e 86 Nost, fth P.M. beinE pore par[teular.iy desaribed aa ,_,� follaKS: • ; ' . . " ..' . , . � . _. � �,�t . ' . ,8eginai.og a[ a po�nt tros Mhence a U�S.G.L.O. brass cap praperlp �arked for � AitPle Pn1nt #3 ot Safd Trac� ?9 baars S.�82•29'18' El. 2BXB.68 tiee�; t6snce X, +.' � -_ 79•44'19' 8,� SZ.77 feei; i6eace N. 8�J 49'OT' K. 495..21 'feet; t6enct S. �• . . , � � 00•28'39" G'. 226.09 feet; tAence 3. 89°31'21" k'. 581.17 feLt; thencc N. "' 00•41�ss" B. 21�.37 feer to tRe FoihY of Begfanlag. Sald partel contalctt� ± �� 3.01 acres, �ora vr less. ' � ':.•'i _,i ; - / � , � • y r, ;' -. . �f � . � . , tt' w�,,,-.."�___ -_•—•— - _.. ___- _. _. ._ ._ ... .. :____--. _ . . . ,;�- � ______ _��..�.- �._� ._... { ' � Exrn�ir 1 t�U ��rc-�r�t�`�• ,An.s �;�,�,�4,,t��` ;i:;:,;. DAY CARE CENTER means a facility that provides regular supervision and care for periods of less �� -`''- , than twen four 24 hours r da to six 6 or more children under the e of sixteen 16 eazs who are �� ; tY- ( ? I� Y � ) a8 � )Y � not relaied to the ovmer or operator thereof,which is licensed,as reqnired,by the Coiorado Department of ,.�� Soeial Services. ,�•�'• � _ DAY CARE HOME means a faciliry which provides reguiar supervision and care of fewer than six � (6)childien per day,and shall be allowed as an accessory use,subject to the following: 1��' �` a. If the family day care home is developed in conjunction with a residential use,it shall meet the j�'.� .�:,�, requiremenrs of a home occupation. i�:;:`:?�. - b. If ihe family day caze home is developed in wnjunction with an institudon or business,it shall {�' '�� be limited to use by the children of employees or guests of that institution or business and shall provide one � �; ' off-street parking space. � DEBRIS-FAN FI.00DPLAIN means a floodplain which is located at the mouth of a mountain valley � , g�, :: tributazy stream as such stream enters the valley floor. �4. �-:• ' DEMOLITION means the act of demolishing a swccure. f - - /. DENSITY means a measurement of land development intensity derived from a ratio of land azea in s-•' celation to dwelling unirs or building floor area.Density is meuumd 6y dividing total land area by the number ��, of dwelling units or building floor area to azrive at a dwelling per land area rario or sqnaze foot per land area �•,�; ratio. ,S! • DEVELOPER means any person or entity, including a govemmental agency, undertaking any �f development as detailed in this chapter. �� j^� DEVELOPMENT means the carrying out of any building activity,ihe making of any mazeriat change in the use or appeazance of any strucWre or land,or the subdividing of land inta two<2)or more pazcels. a. For the puiposes of these regula6ons,the following activities or uses shall be taken m involve - "developmenY': 1) A reconsuuction or alteration of the size or building footprint of a sUUCture. '�' 2) A change in the inCensity of use of land,such as the esCablishment of,or an increase or decmase � in,the number of dwelling units or floor arez. - 3) Commencement of drilling,muring,or ea�cavation on a parcel of land. ,i 4) Total demolition or paztiai demolition of a shucture. { 5) G7earing of land,including cieazing or removal of vegetarion, and including any sig►uficant .� . � disturbance of vegetarion or substrate(soil)manipulaaon. 6) Deposit of refuse,solid or liquid waste,or 6ll on a parcel of land. �: � Ki�1. '. /y � avs� 394 I II'III f'III"1"I I�I�)I'II II'�II'I�"I I�f II'1I'III I"I �::, ' 404871 0S/19/1997 01:01P CONTRqCT t•;� . 37 ef 39 R 0.0@ D 0.00 N 0.00 PITKLN COUNTY CLERK _ ___ .,__ _� _ . , . � � , -:. : , , .�. , . . . - -- _ _ _- --- a, ,,,,.�.�—_._ __^__. ._ ...._- -. — � . �. . . ,�: �----- - ^ � 1,.� �'• • �.8 �lY Y�i � � ...� �J �..:Yj..Z,F�, �:.;.�.:��;.�.��jt'•. !'.�:1�;• b. Development includes all other activity customarily associated with iL When appmpriate to the •` !" context,"developmenY'refers to the act of developing os[o the resutt of the act of deveiopment Refecence �'', .�. to an s fic o raaon is not intended to mean that the operation or acavity,when pact of other operations ;�' . ti, Y P� Pe oc activities,is not deveiopment Refetence to pazticulaz operations is not intended to limit the generality of thiS definidon. :y�:' '- DEVELOPMENT APPLICATION means any written re.quest for approval and/or issuance of a Y`: �` development oider. ' DEVELOPMENT PERNIIT inGudes an buiidin imit, S �al Rcview � ,'� Y 8 Pe P� apProval, subdivision i:;.:; . . approval,appiovai of g�owth management allotmenG approvai of a cerdficate of zoning compliance,or any ° +' other official acCOn by any official, councii, commission, or board of the County having the effect of �� permitting development �, . DIAMETER BREAST FIEIGHT(D.B.H.)means the diameter in inches of a tree measured at four and one-half feet above the existing grade. DIRECTOR,PLANNING means tfie person primazily responsible for plazuung and zoning administra- tion for the county,and includes persons designated by the Director. !�: k:. k:..� DOMESTICWATERANDSEWAGETREATbIENTSYSTEMmeansawastewatertreatmentplant, `'r water ueam�ent plant,or water supply system as defined in Secdon 25-9-102,C.R.S.,1973,and any system , '� of pipes,struclures,and facilities through which water supply is obtained,trcated,and sold or distributed for � T ,�; • human consumption or household use. _,� Ij DORMITORY UPIIT means a strucmre or portion theteof wider single management that provides gmup � sleeping accommodations for guests or residents in one(i)or more rooms for compensatioa Occupancy of f� a dormitory unit shall be limited to no moie than eight(8)persons.Each unit shalt p�ovide a minimum of . one hundred fifiy(150)squaze feet per person of net living area,including steeping,bathroom,cooking and lounge used In common.Standanis for use and design of such facflities shall be established by the County's . ; housing designee. DRAINAGE AlYD EROSION CONTROL STRUCTURES means all facilities necessary to control , the direction,depth,velociry and volume of water flow within a development,and to mitigate erosion and relazed water qualiry impacts resuldng from development � ; DRAIl�IAGE PROBLEM(s)means any unsatisfactory condition(S)ifiat may affect or msult from ihe ❑atura!withdrawal of excess surface watcr or gmundwater from the tract or from the vicinity of the tracL Such condi6ons include,but are not limited to,low-lying a[eas not having adequate drainage outlets,shallow gmundwater tables,or storm water runoff originaling fmm developed or undeveloped areas on or adjacent �� [o the hacL � DRY W ASH CIiANNEL and DRY WASH FLOODPLAIIV means a small wazecshed with a very high � pe�entage of runoff after tocrendal rainfall. I Ililll Illll lillti 01111if11111fli IIIII111 illil illi Iill A04'J71 0S!]811997 01.01P CONTRACT �: � 38 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK �; , ,�:._- 395 � � �, . c� l:a i�: , __ . � •_ ' . ` I t ,� _. � r ' ' �� . , a� _ _ _. ___—.—..__ . �+------- --._--._.. . — -- — .;; �- __ �> , �ti'!w. -p . �� nrc 8 .�� a '•^Ct':�:Ai4: ��.'. '..�Y,:�.��:,. ��_.' SITE COVERAGE means the percentage of a site coveced by buildings,measured at the exterior walis _ or suppoc�g members of a building at ground level.Roof or balcony ove�angs, cantilevered building ;�' element�and similar features shall be excluded from maximum allowabie site wverage calculations,provided =��'" �'� �,� thaz the acea of such overhangs is less than or equal to fifteen percent(15�90)of the maximum allowable site coverage. `''' ._�, SITE SPECIFIC DEVELOPMENT PLAN means Detailed Submission approval described in Section �:�`: ,, 4-20 of the Code.Whe[e Detailed Submission approval is not tequired,the Site Specific Development Plan shall consist of the Final Ptat approval identified in Section 4-20 of the Code. Where neither Detailed "��,�; Submission or Final Plat approvaI are required for a particular appiication,the final approval g[anted by . Resolution of the Board of County Commissioners,the Planning and Zoning Commission or the writien '" *� � approva]of the Planning Office,whichever agency is authorized to grant fina(approval of the project,shall ' 'k :: , be deemed to be the Site Specific Development Pian. A vaziance shall not constimte a Site Specific � . Development Plan.A zoning designation(e.g.,R30,R-15,etc.)not part of a Site Specific Development Plan �' . shall not constitute a Site Specific Development Plan and shail not cesuIt in ffie creation of a vested property "4 ' n�'� r', 5KI AREA means all s3d slopes and trails and other places under the convol of a ski area operator and �;�' ' administered as a single enterprise within the State of Coloraclo. �� SLOPE means the gradient of the ground surface which is definabie by degree or percent ::� SOIL means the relatively loose,incoherent earth material of whatever origin that ovedies bedrock. + q�;' � . STREAM see CREEK. ' . !; , , STREET means a public way other than an alley, which affocds the principal means of access to :! abutting pmperty,including privaze streets. 4 STREET,ARTERIAL means a sueet which has the primary funcrion of cazrying thtaugh traffic,but which also provides access to abutting propecty. STREET,COLLECTOR means a street which has the primary funcdon of pmviding for the distribution , of traffic within neighbor-hoods,and which cames through aafFic and pcovides access to abutting property. - STREET,LOCAI,means a sueet which has the primary function of providing access to abuming � property,and which does not normally carry ihrough traffic. { STRUCTIIRE means anything constructed,installed,or portable,which requires locaUion on @�e g�ound. i It includes yurts and tepees and movable buildings wt»cfi can be used for housing,business,commercial, agriculwral,or office purposes,either temporazily or permanently.°Swcture"also includes mads,walkways, � paths,fences,swimming pools,tennis courts.signs,sheds,and other accessory consaucaon."Structures"do �f �mt include fences or walls used as fences less than siz feet(6� in height;poles,littes,cables,or other ' no imnsmission or distribu6on facilides of pubiic utiliffes;bus shelteis less than 200 square feet in size. .�� SUBDI VIDER or DEVELOPER means the person including the owner,or agent for the owner,dividing or proposing to divide land so as to cons6tute a subdivision to be shown on a recottled p1aL �� .. �t, 413 �4�� „� , � I I"III�'ll��'1�'�1111��I�1��'ll'III��1'i II�I�I'�1�'�� '" 40AD71 03/19/1997 01.01P CONTRiiCT �'_'a' 39 of 39 R 0.00 D 0.00 N 0.00 PITKIN COUN7Y CLERK ,.,._, __ � ,_;. ' � . ''� , � � � -.. � � � ��• � � • ! '. . . �' �-.--_ _�- . - -- — ._ — _ _.____—__ - , � , .:... J :�-A :. ,,. - --_ ____ . _ ,� � , ��:;: �';�.,r'�'. ��r��. >1�:. a.,,: ��'_��.' '.�..;,��llT.� • l` .�F�.. DEfiD OF CONSEAVATTON EASII+l�NT � `�� THIS DEED OF CONSERVATION EASEME� (the "Con9enration ,�_� Easement"? is made and entered into this _(� day of May, 1997, by '.'.-;: and between the Dart Family Partnership, Ltd., a Colorado limited •. partnership ("Grantor°), and the Park Trust Ltd., d/b/a the Aspen Valley Land Trust ("AVLT") and the Board of County Conmu.ssioners of Pitkin County, Colorado, a body corporate and politic (the �� "County") , as co-grantees (AVLT and the County are hereinafter [;"' collectively referred to as the "Grantee") . �;.Y..�'�. RECITALS ' WHEREAS, Grantor is the record owner of certain real property located in Pitkin County, Colorado, consisting of 292 aczes, more ,_, " % or less, which is more particularly described on Exhibit A attached i; �E hereto and incorporated herein by this reference (the "Dart i Property"); and : ! WHFREAS, the Dart Property contains critical wildlife habitat, k r � including elk and deer severe winter range and critical habitat, �- excellent quality aquatic habitat and wetland and riparian areas, �: � and also contains, open space, agricultural, scenic, historic and �,� ecological features and values important to Grantor, Grantee, the � residents of Pitkin County, Colorado, and the people of the State of Colorado which are worthy of preservation (the "Conservation Values") ; and ` E ' �1 WHEREAS, preservation of these natural features and values ` will yield substantial public benefit, and also has significant �. . j ecological, agricultural and open-space values as defined in . Section 38-30.5-101, �q.,_, Colorado Revised Statutes; and r; WHEREAS, preservation of critical wildlife habitat, open space `' and agricultural operations conform with Policies 2-120 (Scenic R; i Quality) , 2-160 (Wildlife Management), 2-240 (Compatibility with � ' Agricultural Land's and Operations) and 2-250 (Compatibility with ' ! Historical and Archaeological Resources) of the Pitkin County Land � : Use Code; and • E WHEREAS, the portion of the Dart Property, consisting of 280 � acres, more or less, that will remain substantially undeveloped � (referred to herein as the "Conservation Area"), which area is outside and exclusive of the Cwo huilding envelopes and related . appurtenances permitted by this Conservation Easement (as more fully dePined below) , will contain approximately 60. acres of agricultural lands and approximately 220 acres of lands that will � remain in a substanCially undisturbed and natural state; and , WHEREAS, the physical condition of the Conservation Area will � � be documented in an inventory of the Dart Property's Conservation 4. - _ Va2ues to be prepared as soon as weather and conditions permit ; � " I 1�'III'�III��I"11��'I I�1�II'lll�I1"I�I��'I'f I��I II�t ' 404872 0S/19/3997 01:08P DEED � . 1 of 30 R 0.� D 0.� N 0.00 PI7KIN C9UNTY CLERK _ 1.?yi��'; A. ' / � " � '``�� . � .1 . ' r.�'�:.. � ' .!' ' { . k. ��__. . _.-'�- - . __ .. _. ._ . ._ _.' _ ___.._�_.... . . `--- -- -- ^ �St 4�y� k;;_.`.�pE �yfi,�i, :"lj'�.'At-�G_;. . R� .';�S}�� following the conveyance of this Deed, which inventory will be kept ' `��. on file at Che offices of the Grantee; and WHEREAS, Grantor desires and intends to I �� preserve, maintain and � (at Grantor's option) enhance the ecological health, wildlife � � habitat, open space character, agricultural operations and scenic '. and historic qualities and values within and upon the Dart , Property, and specifically within and upon the Conservation Area, `'c by encumbering the Dart Property in its entirety with a i��.::�'' Conservation Easement for the use and benefit of Grantee `•�'` � , pursuant _. . to Che provisions of Section 38-30.5-101, � se T,a-, Colorado Revised t r ' Statutes, which provides for maintenance of these values by the � -' . conCinuation of land use patterns, including, without limitation, E�, : those relating to limited residential uses, farming and passive " recreational uses which do not signi£icantly impair or interfere _ ' with those values; and • WHEREAS, Grantor wishes to reserve the right to construct, '° ` improve and/or renovate certain residential dwelling units and related improvements within two (2) building envelopes of approximately six (6) acres each (referred to herein collectively �° as the "Building Envelopes" and individually as Huilding Envelope 1 �`i or 2, as depicted on the attached map of the Dart Property labeled �,{ � Exhibit 8 and as more full defined below) , as more ',�' y particularly e, specified and described by the texms of this Conservation Easement; _ ' and WHEREAS, Grantee is a "qualiPied conservation organization" as � defined by the Internal Revenue Code, as amended (the "IRS Code"), and is qualified to acquire and hold consezvation easements; and WHEREAS, Grantor, as owner of the DarC Property, intends to convey to Grantee the right to preserve and protect the Conservation Values of the Dart Property in perpeCuity, and by � acceptance of this Conservation Easement, Grantee acknowledges its ' commitment to honor the intentions of Grantor as expressed herein to presenre and protect in perpetuity the Conservation Values of the Dart Property for the benefit of this and future generationa. CONVEYANCE � NOW, THEREFORE, for and in consideration of the facts recited ' above and of the mutual covenants contained herein, and for other � good and valuable consideration, the receipt and sufficiency of , which is hereby confessed and acknowledged, Grantor hereby grants and conveys to Grantee, and its assigns, a perpetual, irrevocable, . conservation easement in gross, pursuant to Section 38-30.5-101, � � secr•, Colorado Revised Statutes (the "Conservation Easememt"), � over, across and upon the Dart Property as legally described on E�ibit A, subject to the terms and conditions hereinafter set forth. Grantee hereby acknowledges, accepts without reservation , ��. `, �. ` '- H:�o�wruazn�sic��e-s�onec�.pa -2- � I I'ylll��III'!I�'I�II'I I�I'II'I'If 11'�I��I"II'II�I I�'I � .• 2 of 30 R 0.80 D 0.00 N 8.00 PITKIN COUNTY CLERK _. _ f ..,;�� , �'' � ^ � -:. f ... -�• . . , . , �. �v, - - _ _____.__-.__ . �..---- ---- - - ...., . � � , _ _ ---- - -- ------- �,� ,. . . . - , ,. .. � ... ,_.._.... .._.. . X F� [• ji��. j�. � l�: � l, . iu�t:4'': and agrees to be bound by the terms and conditions of this Consenration Easement. i, 1. Considera �on for c'oncP a ;on as m n In consideration for the Conservation Easement to be granted by �. Grantor to Grantee with respect to the Dart Property, Grantee has paid Grantor Che amount of $1,400,000.00 upon execution of this Conservation Easement. Grantor and Grantee ackn�wledge, however, that the fair market value of the Conservation Easement being ! granted by Grantor to Grantee is $2,204,000 ("Appraised Value°) as • determined by appraisal dated March 14, 1997 (the "Appraisal") , prepared by Hunsperger & Weston, Ltd. (a copy of which has been delivered or will be delivered to Grantee) , and that such Appzaised Value accurately reflects the fair market value of the Conservation Easement as of the date of this Conservation Easement. Grantor and Grantee acknowledge Chat the difference between the Appraised Value . and the consideraCion paid of $1,400,000 represents a bargain sale , of the Consenration Easement by Grantor to Grantee. It is agreed E that the Appraised Value, as reflected in the Appraisal, is the ` 3 best evidence of the fair market value of the Consexvation Easement j and Grantee acknowledges receipt of a benefit equal to the difference between the Appraised Value and the purchase price . actually paid for the Conservation Easement. i 2. p�poae. It is the essential puxpose of this Conservation ' ' Easement to preserve and protect, in perpetuity, the natural, � ecological, wildlife habitat, scenic, historic, open space, agricultural and aesthetic features and values of Che Dart Property, and in particular, the Coaservation Values within the � Consenration Area. In furtherance of the foregoing objective, this • Conservation Sasement is intended to establish permitted uses of jthe Consenration Area which are consistent with the purposes of the - Conservation Easement, and to restrict the level of development and - human activity on the Conservation Area in pezpetuity as more � particularly provided herein. ' � . e 3. -�,ran . � A �rn�? �v R�ahta. To accomplish the punposes t of this Consenration Easement, the following affirmative rights are 'i, hereby granted to Grantee: J * ' a. To identify, preserve and protect in perpetuity, and } in the event of their degradation or destruction, to compel the � � restoration of, the natural, ecological, open space, historic and �. ' scenic features and values of the Conservation Area. In the event , . such resCoration is required, the standard of such restoration shall be to restore, to the greatest extent possible, the features ` ' to the same condition in which they existed prior to their material degradation or destruction. b. To enter upon the Dart Property at reasonable times in order to monitor Grantor's compliance with the terms of this ` i '- x:wwevauss,a�o��e.sc.,.n..aco,,,..,oa -3- i I{INIf illll itllll Iiiil IIII Iillll!Iflii ill Iliff Ifil IIII � 404872 09/19/1997 01:0Sp pEED 3 ef 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � - � � i �t ti .. r .", � � '�� . . . u; ' • T , . __ .— _._ _—..— __ '�-----— - - N�� ;=� `. ..i:% ��.. �; �:�;. l", .�. . �';:,. . �1t�� Easement and as may be reasona.bly neceseary to exercise the rights herein granted and to enforce the terms hereo£. Routine inspections by Grantee shall not occur more frequently than every three (3) months and Grantee shall provide Grantor at least two (2) " days prior written notice before each routine inspection�of the - Dart Property by Grantee or its represenCatives. If Grantor so �. requests, a representative Qf Grantor ahall accompany Grantee and/or its representatives during any such routine visit or inspection to the Dart Property, and Grantee agrees to reasonably cooperate with Grantor to enable a representative of Grantor to be present during inspection. Grantee's inspections and other • activities hereunder shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Dart Propezty. The Grantee shall also have the right of im¢nediate entry to Che ' Conservation Area if, in its reasonable judgment, such entry is necessary to prevent imminent and irreparable damage to or destruction of the Conservation Values protected by this Conservation Easement. In the case of iaunediate entry, Grantee , .; ' ' shall make good faith efforts to notify Grantor, in advance, of its ? - fi entry. � � c_ To enjoin any activity on, or use of, the Dart Property which is inconsistenC wiCh the terms and provisions of this Conservation Easement and to enforce and compel the restoratioa of such areas or features of the Consenration Area as � may be materially damaged by such activities as more particularly , described in paragraph 21 of this Conservation Easement. � d. To recommend (subject to Grantor's approval) restoration measures for the Conservation Area, or measures which � -would enhance the habitat, stream, wetlands or riparian viability � � or other natural features of the Conservation Area and to enter i upon the Dart Property with Grantor's permission to perform such restoration or enhancement measures aC its sole expense or the . � expense of Grantor. Any such restoraCion or enhancement measures shall be gerformed at such times as to not unreasonably interfere � with the uses being made of the Dart Property by Grantor. 3 2 � e. To place one (1) new sign upon the Dart Property, at '1, Grantee's sole expense, visible to the public, identifying the role 1 that Grantee plays in consexving the Dart ProperCy, in addition to ; such other signs as may be agreed upon by the parties to identify � and regulate the limited public access created by the terms of this E Conservation Easement. Such signs shall be designed by Grantee and ; presented to Grantor for approval of their design, size and location, which approval shall not be unreasonably withheld or . delayed. 4. Base>;ne Doc»mentation. A collection of baseline data on the Conservation Area and its resources (the "Haseline Documentation") shall be prepared as soon as practicable following � xw�,wntzvnra�m�se.+�oemcw..M -4- � _- I IIII(I IINI llllil IIIII IIIi lllliil lllll ill lliil iill IIII 480572 03/19/1997 01:0SP pEEp 4 ef 30 R 0.00 � 0.00 N 0.00 PITKIN COUNT( C�ERK _ ... � ; Y r i ' ` . � t.�..;, Y �. , ��• � 1 . � _. ' . _ . .... ..._.____._�.. _. �`+ �..-.------ --^-'_ _ _ - - - , .°,? • 1�' . _. .. . ...... .. ........ . -:.J :�:�;� k:�� -�;�`:� h�; , (�„ty . 't:.. conveyance of this Conservation Easement. The Baseline ' Documentation shall be the property of and shall be deemed owned by the Grantee provided, however, that bePore the Baseline - Documentation shall become effeative, the Baseline Documentation .,� � must be jointly approved by Grantor and Grantee which shall be - evidenced by the parties execuCing a signed statement attaching the approved Baseline Documentation report. Grantor shall grant , Grantee and Grantee's agent(s) access to the portions of the Dart ' Psoperty necessary in order to prepare the Baseline Aocumentation. Once approved by both Grantor and Grantee, the data and explanatory text, photographs and maps to be assembled in the Baseline Documentation shall be deemed to provide an accurate representation of the condition of the Conservation Area at the time of this granC (notwithstanding the fact that the Baseline DocumenCation will be .. prepared after the effecCive date o£ this grant), and the parties acknowledge that once approved, the Baseline Documentation will serve as an objective infozmation baseline €or monitoring compliance with the terms of this Conservation Easement. If _ . Grantee employs a wildlife biologist at the time the initial draft -' of the Baseline Documentation is prepared, such biologist shall � prepare the study at Grantee's expense; however, should the Grantee ; not have such an employee, Grantor shall bear the e3cpense of the 1 preparation of the Baseline Documentation. The Baseline ' Documentation shall be completed and presented for review no later . than July 1, 1997, weather permitting_ j i The parties agree that in the event that a controversy arisea with respect to the nature and eactenC of the biological or physiCal i . condition of the Conservation Area, the parties shall not be � foreclosed from utilizing all other relevant or material documents, suxveys, reports, and other information to assist in the resolution . t of the controversy in addition to the Baseline Documentation. � 5. Resexvat�on of Building .nv 7ones• Identificat�on of .Conceroa �on A a and D v �oament of HL�ld�na Enve�ogg�. Grantor � ' - shall have the right, but not the obligation, to apply for and ' obtain approval from the CounCy for a subdivision of the Dart ; , Property into two parcels as depicted on Exhibit B. The parties R acknowledge that the subdivision described herein is consistent � with the terms and provisions of this Conservation Easement. One � of the parcels contains an historic red brick school house and the ' '� other parcel contains the existing farmhouse located on the Dart ' ' Property. Grantor hereby reserves from the grant of this � Conservation Easement two (2) single family residential building ' � envelopes of approximately six (6} acres each, with the first � building envelope ("Building Enveloge 1°} surrounding the red brick ' school house and Che second building envelope ("BUilding Envelope , 2°} surrounding the existing faxmhouse in the locations shown on I mag attached hezeto as Exhibit B. Minor modifications to the shape, location and size of these two building envelopes may be i requested by Grantor and shall be approved by Grantee so long as � " � _ e:�awewsau�nro��.sFa,eondcauwd '$' �`�. I i Iltli(IIIH ililll IIIII Illt IIIIIII IIIII ill lllll Ifllllil ' 4B4S72 0S/19/1887 01:03P DEEp + 9 of 30 R 0.00 D 0.00 N 0.00 pITKIN COUH'!'Y CLERK f-< r .. _..._ __ � .. .. , ' �}• : • � , y _ r. �'" ; {, -. , � � � , ,y, � �,,,,�__ _ ___�_... . .-- - . . . a.! > ..._- � ,. ;`l� ��,�,. t � �"�. .5,t . ,.; ,,,: 4' ��' ,;4`,. • '�:: � Grantee determines in iCS reasonable discretion that such minor modifications will not materially adversely impact the Consenration �'�Y Values within the Conservation Area. The remainder of the Dart Property located outside the two building envelopes is referred to ' ':;' herein as the "Consezvation Area." • Building Envelope 1 contains an historic red brick school ' house. Although Grantor and Grantee agree to preserve as much of this historic structure as may be reasonably feasible (in Grantor's �; �.� reasonable discretion) , Grantor resezves the right to repair the i',::, • school house, enlarge the school house by the addiCion of not more r than 1,000 square feet, or construct an addition to the school house not to exCeed 1,000 square feet without the prior consent of +::;' - Grantee, provided, however, that Grantor agrees Co work with an ' - I.: architect who has experience in renovations and/or additions to historical structures and that Grantor shall not have the right to ? ' totally raze the school house without the prior writCen consent of ��= Grantee, which consent shall not be unreasonably withheld or ':: delayed. Grantor may continue to use and occupy the school hause i. as a single family dwelling and ma}r perform any renovations to the structure which are otherwise permitted by any applicable laws "r without the consent of Grantee, except as otherwise provided 4r-�: herein. Grantor shall also have the right to seek approval to 9��j ; build an additional single family dwelling within Building �4� Envelope 1. The construction of the additional single family :� _ dwelling within Building Envelope 1 is consistent with the �` provisions of ehis Coaservation Easement. If an additional single family dwelling is built on Building Envelope 1, Grantor shall have `-'I the right to applp to the County for desigaation of the existing school house as a caretaker unit or affordable housing unit, or in . . the alternative, to maintain the school house as a separate . residence. Building Envelope 2 contains an existing farmhouse. Grantor shall have the right to repair and renovate the interior of the � farmhouse, including enlarging the farmhouse, building an addition thereto or demolishing the farmhouse. Grantor may apply for approval to construct an additional single family dwelling within Building Envelope 2 in addition to the farmhouse, so long as any additional improvements continue to be used as a single family residence. The parties acknowledge that the construction of the additional single family dwelling within Building Envelope 2 is it consistent with the provisions of this Conservation Easement. If 1 an additional single family dwelling is built on Building �7 Envelope 2, Grantor shall have the righti to apply �o the County for designation of the existing farmhouse as a caretaker unit or affordabl.e housing unit, or in the alternative, to maintain the farmhouse as a separate residence. Grantor sha11 also have the right to use and occupy the farmhouse as a single family residence inc2uding the right to perform any renovations to the structure , i,' _6- �� I��'- x.irnwneevs�mioi�-s�.�o�at�.wPa . - I I"III��I�)�'I"��II'I I\I'l��l'I'II"I III'lll"I�I I"I '�_� � . 404872 06l19/199T @1.0SP DEED 6 of 3@ R 0.00 0 0.00 N 0.00 PITKIN COUNTV CLERK , _. f � � , � . • � .. � , I. s - ,. __.- . •M �` ; _T_. .. .� . '_ _ ' �. . u.) � i Iilill lilll Ilifll iiltl iill iii(111 flfll III 1111{If[I illl ��;: �.#: 404572 0S/19lf997 01:04P DEED �. �� at., .. iTj 7 of 30 R 0.00 D 0.00 N 0.0@ PITKIN COUNTY CLERK ,{�,�':; .. �.L: which are otherwise permitted by any applicable laws without notice _ to or consent by Grantee. Except as provided above, any development or change in use "`� from the developmenC and uses existing as of the date of this Conservation Easement within Huilding finvelopes 1 and 2, comprising � • an area of approxi.aiately twelve (12) acres, as depicted on the map attached as Exhibit B hereto, shall be consistent with the , Conservation Values of the Consezvation Area and with this Conservation Easement. Huilding Envelope 2 wi11 locate an area of i_?. - three (3) acres around the existing structure. within said three-acre parcel, Grantor may construct the new home as described Y � herein, attached or detached garages, and may plant non-native vegetation and landscaping. The remaining three acres of the ` Y Building &nvelope may conCain corrals, barns, storage sheds or . other buildings consisCenC wiCh the aperation of an agriculture aperation upon the Property. Building Envelope 1 shall consist of � an area of six (6) acres around the existing structure. Within ' said six-acre parcel, Grantor may construct the new home as described herein, attached or detached garages, and may plant - non-native vegetation and landscaping. Additionally, Grantor may j ':' ' consCruct corrals, barns, storage sheds or other buildings ; consistent with the operation of an agrieultural operation upon the k. � Property. The only building which may be constructed outside of � ? the Building Envelopes is a hay barn which must comply with all �� County codes regulating agricultural out-buildings. The � construction of a hay and/or livestock barn aad corral and the strucCures and uses currently existing within the Building _ 1 Envelopes are hereby declared to be consistent development within the Suilding Envelopes. � Any other proposed development or construction of any additional structures within the Building Envelopes shall be • ; submitted to Grantee for its review and approval under the terms of % this Conservation Easement sufficiently in advance of any planned � � construction to allow Grantee reasonable ti.me to evaluate such proposal. If Grantee incurs any costs in evaluating any such - proposal, such as, for example, the costs of engaging a wildlife �' biologist or other expert Co evaluate the i.mpacts, if any, that the proposed development might have upon the wildlife and wiZdlife habitat and other Consexvation Values protected by thia � Consezvation Basement, Grantor shall reimburse such reasonable costa to Grantee not to exceed $2,000 per application in addition ,} to normal County application fees. Should Grantee determine that ! the proposed development oz construction activity would have � material adverse impacts upon the Conservation Values of the ; Conservation Axea, Grantor shall either revise its proposal to ' ` address such impaCts or shall withdraw its proposal entirely_ Grantee's right to refuse approval for any proposed development as inconsistent with the Conservation Values protected by the tezms of P this Consezvation Easement must be based upon reasonable objective iz;� , H1D�0.'TFTt5P611011E3EauDedCans.�pd �?— � y _ 1�-� .... ' a.;: � .. . . ... _... .. ......._._. .. ,.�..:i.:.. . _.. ... , � �,.',_�. , • � t . � / . ` 1 � ` , � . ' ___- —_--- -- — _ _ �a. ,..�-�------ — ---`� . �.�> �... _ _ _ ---� ., �.: _ _ .._ _..,- r:. ... � �� I IIIIII 11111111111IIIII IIII IIIIIII IIIII III IIIII IIII illl ��.� . 404672 0S/39/1997 01:03P DEED i`.:�„�g_..; 8 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK u"_,.k,= -�: ; ,,. grounds but shall not be limited to the provisions of the Pitkin ' County Land Use Code so long as it is consistent with the terms of ;-, -; this Consenration Easement. , . ti� The agreement by Grantee that the foregoing usea �or any ``.. further proposed development are consistent with the teXms of this ;; ._ Conservation Easement shall not be interpreted as the granting of �`: .• any approvals required to be obtained by Grantor from Pitkin County for such uses, and Grantor acknowledges that Grantor must still �" ` comply with the provisions of the Pitkin County Land Use Code and �� ,'� , any other similar laws in effect at the time any such development f�:r� `' is proposed; �rovided,that all of the development items contained �.;'.. herein are consistent with the provisions of this Conservation 4 ..._ &asement and Grantee shall not utilize the provisions of this :' ` Conservation Easement to delay or hinder the approval provisions F : " described herein. � 6, cons�stent LT�es. The following uses and practicea, , � - though noC an exhaustive recital of consistent uses and practices, are consistent with this Conservation Easement when carried out in �. . the ConservaCion Area, and these uses and practices shall in no way � ° be limited or precluded by this Consezvation Easement, to wit: ''`!' a. The continuation of historic farming and ranching � ��' operations on the Dart Property, including but not limited to, the • cultivation of alfalfa, hay and other grasses customarily planted � in Che area, including the use of pesticides so long as used in accordance with Colorado State University's Best Management ' Practices and in accordance with labels; plowing and reseeding in accordance with good farming practices; grazing or pasturing of no f ;-. ' more than twelve i12) horses; the use of agricultural motorized vehicles, including tractors, four-wheelers, backhoes and aimilar vehicles; taking the agricultural portion of the Conservation Area _ out of irrigation (if Grantor so elects) , so long as noxious weed • control methods are instituted, native grasses and plants are used . to revegetate the formerly irrigated fields, and other prudent � practices are adopCed to prevent the deterioration of the land once � irrigation is terminated; and leasing the Property to others for + such purposes. If GranCOr enters into an agricultural lease for 1 the Dart Property, it shall discuss with any lessee the limitations , on the use of the Property contained in this Conservation Easement. � If Grantor desires to graze more than twelve (12) horses or other . � domesticated livestock common to the area on the Property, Grantor ; shall utilize one of two accepted grazing practices as follows: (1) Rest-rotation; or (2) Savory (high intensity/short duration) ' mettiod. • b. The installation, repair and maintenance of water wells, pumps, irrigation systems, ponds, streams and irrigation ditches. f' ,. -_ � x:�uwnFnv»aio��.se.+.o«ecm...va -8- I . ... ..... .. . : ._. . _.. ....... . .... ......__. �. _ . .. . . .. - '-.. . / ':; 4 .�. , - t�I � � � � �. � ' . __._._..__.._ . . . ._ . _. __ � � ._ .— _.— _ . a..-------— �-^—_. . a�7 � '; ''� �' e �,,�.�,, ;,,��,�:; � c. The taking of such reasonable steps as are necessary �:�YJ�`'' to control erosion or to prevent sedimentation of streams or ponds `�- on the Dart Property. .� ia d. The installation, repair and maintenance of fencing consistent with the fencing currently located on Che Property, �,'+��, prqvided, however, that if new fencing is installed it ahall be of ,. �. such height and type of construction that is designed to prevent interference with wildlife in accordance with Colorado Division of Wildlife standards. e. Such cutting and removal of dead, dying or diseased timber or brush as may be deemed by Grantor to be reasonably necessary for fire protection or disease prevention purposes, and such other cutting of live trees sufficient to provide no more than ` two (2) cords per Building Envelope per year for firewood and other � domestic uses, including construcCion of permitted fences and other improvements on the Property, FYov�ded that timber along the +-., ' , Roaring Fork River and shrub oak along State Highway 82 shall not � be cut. Further, no dead trees may be cut if the cutting shall ? leave fewer than three (3) standing trees on each acre of the ! Property. . f. The pasturing, grazing, feeding and care of domestic animals that do not comprise a commercial feedlot. f " � ` g. Passive, non-motorized (except as provided herein), � � non-commercial (except as prrnrided herein� uses, including hiking, horseback riding, biking, hunting, shooting and archery, fishing and cross-country skiing, including those limited access rights � granted to the public herein, all in accordance with standards � ' intended to assure non-interference with the critical wildlife, j riparian, wetland and river habitat; and including development of � new trails for such uses either by Grantee in conformance with the - i public access rights granted by this Conaervation Easement or by Grantor (subject to the prior written approval of the Grantee, such � approval to be based upon a reasonable determination by Grantee i that the location of any trail will not substantially diminish or 1 impair the Conservation Values of the Conservation Area, or is % otherwise consistent with this Conservation Easement, which 1 approval shall not be unreasonably ivithheld or delayed) . � h. Performance of any restoration or improvement � measures for the habitat or natural features of the Conservation �. Area as recommended and/or approved by Grantee provided, however, , that if recommended by Grantee, such improvement measures must first be approved by Grantor before any improvements are made and . � shall be at Grantee's sole expense. �. P nh�b� d 4 .G. The following uses and practices by Grantor, though not an exhaustive recital of inconsistent uses and xw�wrwmv�mwi�-se.KOe�acoN.-ee -9- - i Itlllf fillf tiilll 11fii itil Illlifl 11111 iil ilifi IIII!III ' 404572 0J/19l1997 01:03P DEED 9 ef 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ,_. . , � _ ;... , i� _ i � , .,; � " �I. . l r . � �k. � � ._ �.� . ... ........ _..�...��..._ . ", . iw�'�___ - . .-- . . e,S __._.�. ..._.. �''�,�:�,;,; Cy�y;:��:`';. , � �x:��'�`�;�;. _..,t� , practices, are inconsiatent with the purposes of this Conservation - Easement and shall be prohibited: •s- ' '�, a. The material change, disturbance, alteration or :,�� -r impairment of the natural, ecological, historic, wildlife, open � • '•.�• space or scenic features or values of the Conservation Area, except -= as otherwise permitted in this Conservation Easement. The filling G`' �` in or other destzuction of the ponds upon the Conservation Area is hereby declared to be inconsistent with Che terms of .this '=' _ - � Conaervation Easement; however, should such ponds naturally fill r` ,� with sediment, Grantor may choose to dredge such ponds or not, in ' ' ;�'' its sole discretion. �. b. The Development of any Structures or roads on the � Conservation Area (as such terms are defined in the current version of the Pitkin County Land Use Code, attached hereto as Exhibit C) , except as permitted in this Consezvation Easement or as requested i;;,, by Grantor {subject to the prior written approual o£ the GranCee, • such approval to be based upon a reasonable determination by �� , - . ' ! Grantee that the construcCion of and proposed location of any Structuxe or road will not diminish or impair the ConservaCion �.,� Values of the Conservation Area, or is otherwise Consistent with �� Y this Conservation Basement, and such approval shall not be �',j, unreasonably withheld or delayed) _ Roads serving residences �'�, located upon the Building Snvelopes shall be subject to Pitkin ' CounCy codes. Grantee consents to the existence of the current �i� _ Driveways on the Property and agrees that additional Driveways �, within the Building Envelopes are consistent with the terms of this :1 Consexvatzon Easement. With respect to impzovements on the Conservation Area, no such approval shall be granted for other than a bona fide agricultural outbuilding which does not contain a • durelling unit, such as a livestock or hay barn or shed. The prohibition set forth in this sub�aragraph shall continue even iE the Pitkin County Land Use Code is revised to amend or eliminate such definitions or if the Dart Property, or any portion of the • � Dart Property, is annexed into a municipality which does not adopt the same definitions of "Development" and "Structure" as currently exists in the Pitkin County Land Use Code. x c. The removal, desCruction, spraying or cutting of native vegetation or timber, except in accordance with historic farming or ranching operations on the ProperCy or as may be ! otherwise permitted in this Conservation Easement. ; 1 d. The introduction of non-native plant or animal �� species to the Dart Property, except as used in normal agricultural :�!� - operations or as otherwise perntitted in this Conservation Easement. e. The exploration for or extraction of minerals, oil, •�• gas, or other hydrocarbons, soils, sands, gravel, or other � �`;�, , ,•} , , � '- kw.wr�rzixn,s�o��-se,.�o�ac�,..pa -10- ,�f�'� � i��i�i�iiiii��iii��ui ri�i�iiii�i i�ii�iii iiiiii ui irii ��`�;� 4045�2 0S/19/1997 03:08P DEED ' ' 10 of 30 R 0.00 D 0.0� N 0.00 PI1'KIM COlNITY CLERK _ __ _ _ . j � , , . . � .�. � . � . � . , , . . x ,,�=----- ____ . _.__ . _ �., _ __... _..� s ;� r ,� �;f��'� �;.;�:�. NSr,,.. ' `#��.yt•... i% • materiaZs (but not including water) on or below the surface of the - Dart Property. i. f. The d in or other dis osal of refuse �" ump' g p , garbage, or other unsightly or offensive material other than those incident to �, �.,, normal farming or ranching operations (which incidental materials . �. shall nQG, include appliances, farm implements, pesticides or other ' related zefuse) . Notwithstanding anything in this Conservation ' Easement to the contrary, this prohibition does not make the Grantee an owner of the Dart Property nor does it permit the Grantee to control the use of the Dart Property by the Grantor, r.4° which may result in the sCorage, dumping or disposal of hazardous � or toxic materials; provided, however, that the Grantee may bring an action to protect the ConservaCion Values of the Consenration ' Area, as described in this Consenration Easement. This prohibition shall not impose liability on the Grantee, nor shall the Grantee be construed as having liability as a "responsible party" under CERCLA or similar federal or staCe environmental statutes as a result of ' ; this Conservation Easement. .. f 1 g. The comnercial use of any motorized vehicles except � for the occasional use as may be necessary in conjunction with • farming and ranching or, or land management consistent with the _ pexmitted uses or emergency vehicles, � ' h. The operation of a commercial feed lot. � ' i. The transfer of development rights which were, are or may be appurtenant to the Consenration Area. The parties hereto acknowledge and agree that all development righCs appu•rtenant to �,: E' the Conservation Area are forever extinguished by virtue of the grant of this Consexvation Easement, with the exception of the � li.mited development allowed by the terms of this Conservation j Easement. ; j. Subdivision of any portion of the Dart Praperty i except as otherwise contemplated herein. 4 : t 8. Grantee Angrovr3] of Un�i d b� .on �c „ and %' Pra. � a; No i - In the event Grantor wishes to engage in a use ! � or practice on the Conservation Area which is not listed above as t ! a "Consistent Use" or as a "Prohibited Use", Grantor shall send � ; Grantee written notice of Grantor's intention to commence or • 6 : undertake such activity, which notice shall describe all maCerial ; aspects of the proposed activity. Said notice (and any other notice required or pezmitted hereunder� shall be sent by registered - . or certified mail, return receipt requesCed, to the following ' address or to such other address as Grantor may from time to time be informed of in writing by Grantee: x.w,wr�c�snami�-sc.,.n«ec�,..'a -11- ; � ; 1 I IIIlII IIIII IIIIII IIIII IIII llillll Iilll III Itil11 III IIII : 404572 0'3/19/1997 01s0SP DEED il of 30 R 0.90 D 0.00 N 0.00 PITKIN COUNTY CLERK . _ . _ _._._.__.. , i . � , �, _.; � � . -'�. . �. r , . . � . ' . . . . � __..---_�.__ j ..,� �„-^�---—_� _^�' _. - . � - - — � --` � . . . . �e;A ,.�,r./ _ � . .. .. _ . . __..... . lr.�-l:_ .. ...t._11'!:� n.4. ........, ..... � ��:, ;� I llllll lliil lliili Iilii illl 1lii11111111 IIl llllll III IIII ��`'�� 404Si2 0S/19J1997 03:03P DEED ';f�i��;: 12 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ��' �"�'� . ,.. . ' Pitkin County Board of County Commissioners, .c Pitkin CounCy Open Space and Trails Board of K, Trustees and Pitkin County Attorney 530 East Main Street � � Third Flaor � , Aspen, Colorado 61611 , Park Trust Ltd., d/b/a Aspen Valley Land Trust P.O. Box 940 Aspea, Colorado 81612 .�.�`' �^... Within fifteen (15) days after execution of this Consenration EasemenC and from time to time thereafter, Grantee shall notify " Grantor in writing of the name of a single individual who will . ' coordinate the actions of the Grantee (repre9enting both the County � and AVLT) wiCh respect to all matters relating Co this Conservation Easement. The representatives of Grantee shall have thirty (30) �' _ „ days from the receipt of such notice, as indicated by the +.: .' regiatered or certified reCurn receipt, to review the proposed � activity and to notify Grantor of Grantee's objections thereto. � = Such objections, if any, shall be based upon Grantee's reasonable � � opinion that the proposed activity is materia].ly inconsistent with the terms of this Conservation Easement. If at all possible, said notice shall inform Grantor of the manner in which the proposed .i activity can be modified to be consistent with this Conservation { Easement. . !�, � Grantee�s response to Grantor's notice, and any other notice ! that may be required or permitted of Grantee hereunder, shall be sent by registered or certified mail, return receipt requested, to j Grantor at the following address, or to such other address as ; Grantee from time to time may be informed of in writing by Grantor: ; - Janneli C. Dart � Dart Family Partnership, Ltd. ' 866 Paragon Drive j Houlder, Colorado 80303 Should Grantee fail Co post its response to Grantor�s notice within thirty (30) days of the posting of said notice, the proposed � activity shall automatically be deemed consistent with the terms of this Conservation Easement, and Grantee shall have no further right � Co object to the activity identified by such notice. GranCOr shall be under no liability or obligation for any • failure in the giving of notice as required above with regard to any activity undertaken by Grantor necessitated by virtue of fire, flood, act of God, or other element or cause beyond the control of ( Grantor. �r(�� 11' , � ' i xaa�wrvuss�e�iat�-s&tiuRac�....ya '12- (• . N �� i'',.'�' . _...__ __ . _ ._ { :' t. _ I _ . _ '1 , i � ', .':• �, �1. _., - t . . _ � . . , '�. ..-�---- — _ _ .. — , •e_� _.__ _�� . � , k: . ��I��I��1��I�� Y�"�a�''. �:�:%��- 404672 05/19/1997 01:0SP DEED " 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � ��Aj5�`:' ��•r.� ;;t�,:i:, • In the event Grantor and Grantee disagree as to whether a %��!'' particular use or practice is a "Consistent Use^ or a "Prohibited �'� Use", as defined herein, or if Grantor disagrees with a ��'i` ��•. determination by Grantee that a proposed activity is inconsistent " �`� with this Conservation Easement, either Grantor or Grantee may -.f',."_ submit the dispute to such form of inediation, arbitration or ' � conflict resolution as may be mutually acceptable to Grantor and " ` Grantee. In the event of arbitration, the parties agree that the ��,� '� decision of the arbitrator(s) shall be final and binding upon the parties and may be entered as a final judgment in a court of rJ'%. � competent jurisdiction relating to such dispute. The non- • prevailing party shall bear the cost of the arbitration, if so �"� ''� � selected, however, each party shall pay its own attomey's fees, if ��=� ` any, regardless of outcome. � - - . Y..,'..... 9. �oQ c and r,;abili i Except as otherwise provided in this Conservation Easement, Grantor, Grantor's heirs, '^' representatives, successors and assigns, shall retain all ";: ' ` responsibilities and shall bear all costs and liabilities of any �'' kind related to the ownership, operation, upkeep, and maintenance '' of the Dart Property, and in particular, the Conservation Area, including the maintenance of comprehensive general liability �:��,� insurance coverage in amounts reasonably determined by Grantor. � � Grantor shall add Grantee as an additional insured to such insurance coverage, and shall deliver proof of such coverage to ,�; • Grantee at closing. Grantor shall keep the Dart Property free of :; any liens arising out of any work performed for, materials !( furnished to, or obligations incurred by Grantor which would have :� priority over or otherwise adversely affect this Conservation Easement. i: 10. Tax- and A c m n Grantor understands that nothing in this Consenration Easement relieves Grantor of any obligation or � restriction imposed by law with respect to the Dart Property, including the obligation to pay such real estate taxes as may be � assessed from time to time on the Dart Property. Grantor agrees to ' pay before delinquency any and all real property taxes, fees, assessments and charges of whatever description assessed or levied r �� on the Dart Property, including any tax or assessment on the Conservation Easement granted by this document. Grantor shall � furnish Grantee with satisfactory evidence of payment of such taxes or assessments, upon reguest. Grantor shall have the right to , contest any such real property taxes which it feels were not properly assessed or imposed, provided, however, that should such �j real property taxes or assessments remain unpaid for a period of I time that would pose an immediate danger of the Dart Property being lost to tax deed, Grantee shall have the right, in its sole ' discretion and without obligation, to pay such taxes, fees, charges or assessments to preserve its rights under this Conservation Easement, and the obligation created by such payment shall bear i interest until paid by Grantor to Grantee at the lesser of two (2) t t�,. �t� , Hwwr�z�xs»n�oi�se.+eoaecw�+.Ra -13- � i ,i . ;� (5: � . . . . . . .. � .. . .. _ ... . -._._ . . _ . .. _ / � � �;i;�.�- � . 4 � Y� • • � • ! 'k.. �-'_ . ---�-__ . - . .- _ '_ . -._.._._.._...._ - . y) �.- ;,.v _ - � __ - �, __ _ .. .ri�`3. t.f�.�'� , ,. � . �, . .. ,�, " -_..—°-- . . . .. . . ... ... . ..... .... ............ . �";w�i;�':' �,�:��;�.. ��- _;.:' . k'?�.,�Ape, p,`.:i�..>�"r y1, kc _ :"�;" percentage points over the prime raCe of interest from time to time ' chazged by Norwest Bank of Denver or the maximum rate allowed by �� , law. �, ;`_ i -�. 11. Water RighrG. Grantor hereby retains and resenres the • right to use all water rights appurtenant to the Dart Property, �.� • � including but not limited to, all non-tributary ground water appurtenant to the Property. Grantor shall maintain, for the benefit of the Dart Property, sufficient water rights to maintain 'f';"�;<;:1�' the Conservation Values of the Conservation Area, including but not '� ` limited to, those water rights as may be necessary to irrigate the I";r�'` historically irrigated agricultural lands protected by this Conservation Easement. No sale, encumbrance, lease (except in �� connection with agricultural leases) or other transfer of water � rights appurtenant to the Dart Property shall be permitted unless ' . £irst approved by Grantee, which approval shall not be unreasonably ':- withheld or delayed so long as the proposed transfer of water xights will not substantially diminish or impair the Consezvation Values of the Conservation Area, and is otherwise consistent with i this Conservation Easement. Anything herein to the contrary notwithstanding, it is the intent of the parties that Seller may ��, . sell or transfer (after receipt of approval by Grantee) any water ; f rights appurtenant to the Dart Property, if any, which are in !' _ � excess of those needed for the preservation of the Conservation `1� Values of the Conservation Area and other uses of the Dart � r Property. � 12. Publ?c Access. Public, non-coimnercial access to limited . E portions of the Conservation Area is hereby granted by Grantor to ! ,; the public as described below: (i) a public access point to Bureau j; of Land Management ("BLM") lands commonly known as Williams Hill �� shall be established at the location noted on Exhibit B hereto; � � (ii) a public trail easement along Wheatley Gulch creating access '' to federal public lands adjacent to the north of the Dart Property � ;`' shall be estabZished in the location noted on Exhzbit B .hereto; � 1 (iii) access to the historic cemetery for research or quiet � contemplation shall be established at the location noted on Exhibit ! B; and (iv) perpetual public fishing access to the Roaring Fork � River shall be granted in accordance with the managed access % currently in effect, as further described in this paragraph 12 � below. The limited public access established by the terms of this k Coriservation Easement may be restricted at certain times of year, � such as elk or deer calving, fawning or migration times, in accordance with recommendations of a wildlife biologist familiar , with the Conservation Area, and may further be limited by reasonable rules and regulations agreed upon by Grantor and.Grantee • designed to preserve the Conservation Values oP the Property from time to time. With the exception of the limited entry rights granted to Grantee and the public in this Conservation Easement which shall be limited to the specific areas delineated on Exhibit B, nothing contained in this document shall be construed as -14- 1 x�awnFx�snqioi�.se.,.uaac�,.ya I I Itllll�1111 IIIIII IIIII illl Illilli lllll(ii 111111III IIII 404SM 0!S/19/3997 01:0SP DEED 14 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � _ . � ', � � . .. � �, . ' , _ _ � . , •� ' . ' , .a� ``– -- --- � ,��.< : __ _ ____ _ __ .,..__—_ .�a� �, �. ._ , , ,.. ;.:.. ,. ..::. , _. ., ::... .. ,_� .. . _ . _� ,. ... _, . . . �1�.�,�;�. "�.�.,:�,�: F;.;+��:,-, . f��,::�i`;�:•.. _..; affording the public access to the Building Envelopes or other portions of the Consenration Area not specifically delineated on : `: Exhibit B as available to the public. 5xcept as specifically - '� provided herein, Grantor retains the right to control access to the Building Envelopes and the Conservation Area and shall have the. � � . right to enforce any prohibition of public access by all lawful means available to the owner of private property. � i Grantee shall, at its expense and after consultation with Grantor, install signage and any other reasonable measures necessary to educate the public about the locations of public .� ` access on the Dart Property, the limitations upon such access, and the fact that all other portions of the Dart Property remain � ,. private and unavailable to the public for use without permission of the Grantor, which the Grantor shall have the right to grant or � refuse in Grantor's sole discretion. However, Grantor agrees it ! �, ; - • will accommodate whenever convenient requests by local schools, � '` wildlife biologists, and ecological and environmental groups for , access to the Conservation Area to study and learn about ! conservation and preservation techniques. Grantee shall cooperate with Grantor in enforcing Grantor's private property rights and � limiting the public's access to those locations specifically ' identified on Exhibit B. � - f: Grantee shall coordinate the Williams Hill access with the BLM and the Colorado Department of Transportation and shall coordinate � the access through Wheatley Gulch with the U.S. Forest Service. � Grantee, at its discretion, shall construct low-impact trails ; and/or fencing at Grantee's expense to direct public access across � • E` the areas delineated for public access and may also erect a sma.11 � -• fence around the historic cemetery to protect the character of the �. jcemetexy. Should Grantor request that Grantee construct such low- � _ impact trails and/or fencing, Grantee shall confer with Grantor about the design of such trails and fencing and shall incorporate � Grantor's reasonable requests relative to the design of the trails � • R as well as requests relative to directing the public to remain on t designated public access areas only. The parties hereto shall , � revisit from time to time the nature and extent of the public ' � access created by this Conaenration Easement to assure that it does ; ; not adversely affect the Conservation Values of the Consenration � ; Easement or Grantor�s quiet use and enjoyment of the Dart Property. E If such values are adversely affected or if such access is � unreasonably disrupting Grantor's quiet use and enjoyment of the Dart Property, such public access may be relocated, restricted or ' closed, if determined necessary to preserve the Conservation � Values. • Grantor agrees to maintain managed public fishing access to the Roaring Fork River in perpetuity in accordance with recommendations of the Colorado Division of Wildlife's aquatic biologists, provided that unleas otherwise agreed by Grantor, such ` x�wwv�ts3iaot�-s�uKx�..ya -15- I �I"III'IIII"I"I�II'I I�I'IIII'I'II"I III"II'I III I'II 404572 06/19/1997 01:03P DEED � 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTT CLERK I . � � {:"'`A ± , � -�• , �. ' ; � � •�. ' � n.� � ;:,_:' .� _ _----. . --..- ------------ '" r:,... , �,a:: , . „ , _ . _��.. ,,.��:: . � �.i:,_ ,... ., ..,._r.. .�_.:.�_ t��. , ��, �;. � . �:;vt�;� 4::, r.�.'`��... ...,:. access shall not be greater than the public fishing access that ` exists as of the date of execution of this Conservation Easement. ': The current access allows a maximum six (6) individuals at any one . time to access the river from the Dart Property. Fishermen must � ':�- pick up an access card at Taylor Creek Fly Shop in Basalt, or such � ' alternative party as may administer the fishing rights in the future, prior to eatering the Dart Property. Current access policy +': : permits the administrator of the public fishing access to retain no r:-`?, more than one (1� access card itself at any one time. As part of �:Y_';;. the compensation paid to Taylor Creek Fly Shop or another party administering the fishing rights to the Roaring Fork River across the Dart Property, Grantor may allow such administrator commercial . fishing rights to the ponds located on the Dart Property east of � Building Envelope 2 (provided such use does not adversely impact " the critical weClands or riparian areas around the ponds) , and may also rent the school house located in Building Envelope 1 as part , , ' � of the fishing program. i . 13. t3oarinc�Fork R�vr r R a A a. Grantor hereby grants a � public, non-commercia7. kayak/raft pullout and rest area on the i;� Roaring Eork River in the location noted on Exhibit B hereto. Such �'` rest area shall be used by in-river recreationists only, and no � �� access to other portions of the Dart Property or access to any i� public road shall be allowed by virtue of the river rest area. � - f Grantee, at Grantee's expense, shall install signs explaining the ,f limitations upon such rest area, after consultation with Grantor I' � about the lan a e desi n and location of such si 4u 3 , g gns and approval � ' of such signage by �rantor. ' � 14. R id�ai . As expressly provided in 5ecCion 38- ' 30.5-105 oE the Colorado Revised Statutes, all interests and rights . 'i of ownership not transferred and conveyed to Grantee by this ! Conservation Easement shall remain in Grantor, including the right � to engage in all uses of the Dart Property which are not � inconsistent with the Conservation Easement or prohibited by this � � Conservation Easement or by law. i � 15_ Subsequen al .x hanq� on na 'on o 7nvo m �} � Conv rc;on. Grantor and Grantee agzee that the granting of this ; • Easement immediately vests the Grantee with a property right, and � j the fair market value of this property right as compared to the s fair market value of the entire Dart Property has been determined � : by the Appraisal of the Dart Property and the Conservation Easement as described in paragraph 1 hereof. This Appraisal shall establish the relative values of the Consesvation EasemenC and the remaining ' ' portions of the Dart Property for purposes of any future actiona. The parties hereto agree that in the event of a request to extinguish this Conservation Easement, the initiation of an involuntary conversion or condemnation action, or any other action which results in the texmination of all or a portion of the Conservation Easement on the Dart Property, the compensation of the � � '- f xw,wnexas»aim�.sE.kodac�.,Pe -16- I I��II�"III"I'�I III'I III'II�I'I'II"I III��IIII"I I"I 404372 0'3/19/1997 01:0BP DEED � 18 of 30 R 0,00 D 0.00 N 0.00 PITKIN COUNTY CLERK � ,' '. �, _ _._ _ .. .,, . i '. - _� • � hi • ' ! . • ' ' __.-..�..._ � . . x. .1�+�'��_ .---^�... . . �_ _ '_ __ .. .... ._... . _. . ur� ��1`'t�(T��`�� Y �;t��-1 i'. r �C' i . Grantor and Grantee shall be based upon the relative ratios of ��" ��4.�_ ownership as indicated in the Appraisal. The Grantee may be ; �'` compensated for the value of this property right only in the event ' of a change in conditions resulting in the extinguishment of the �'''< ` Conservation Easement (as provided in Treas. Reg. Section 1.170A- �� 14(g) (6) (i)) . In such event, Grantee shall apply its share of the •;.'r�•-• proceeds in a manner consistent with the conservation purposes of � '. the Consexvation Easement or for the protection of a "relatively ' ` natural habitat of fish, wildlife, or plants or similar ecosystem" �� '' as that phrase is used in the Internal Revenue Code. If the Conservation Easement is taken, in whole or in part, by exercise of I��.�•`.?: � the power of eminent domain, Grantee shall be entitled to '= I::,.%�....... compensation in accordance with applicable law in an amount as 7.. :Y• determined by the values established by this paragraph. �:�� ' . 16. � e �en m ana r . Grantor a rees to inco �' Ri h.aqL g rporate the . terms of this Conservation Easement in any deed or other legal instrument by which it divests itself of any interest in all or a .... " portion of the Dart Property, including, without limitation, a - leasehold interest. Grantor further agrees to give Grantee written � notice of the transfer of any interest at least fifteen (15) days �, prior to the date of such transfer, including the transferee's name, address and telephone number. The failure of Grantor to �'+:' erfornt an act re "`k p y quired by this paragraph shall not impair the ' validity of this Consenration Easement or limit its enforceability ��p in any way. �� 17. Hold Ha_r_n_?less. Grantor shall hold harmless, indemnify ,;�� and defend Grantee, volunteer citizen board mesnbers, employees, agents and the heirs, personal representatives, successors, and i . assigns of each of them (collectively °Indemnified Parties") from ' and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, � including, without limitation, reasonable attorneys' fees, arising . from or in any way connected with: (1) injury to or the death or ' 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 Dart Property, regardless of cause, unless due solely or in part to the negligence or deliberate actions of any of the Indemnified Parties; and (2) the presence or release of � hazardous or toxic substances on, under or about the Dart Property, ' unless such release was caused by an Indemnified Party. For the ' puzpose of this paragraph, hazardous or toxic substances shall mean . � any hazardous or toxic substance which is regulated under any j federal, state or local law. Anything herein to the contrary � notwithstanding, any liability under this agreement shall be limited to Grantor�s interest in the Dart Property and neither Grantor nor any of its partners, members, officers or � representatives shall have any personal liability relating to this indemnity provision_ xwwAr-nxs3�siai�-s�o�ac�.�.oa -17- � . I III{II illll IIIIII illll IIII IIIIIII IIIII III IIIIII II!Ilii �� .' 404872 06/19/1997 01:03P DEED 17 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK i ... . . / ' . - F.ii:. . i , , ��;� � . ; 4 � ,. , � � . . _ , .1 • . � ' �.-�___.�-��__��. .". � '. _' _ " ' ..._ .'__"'_..._ . �1 P.j �.,,;N,.�:.'�:, ,... �,,,.,: :i�-':;'�,ti.: f,��-.:_. . . f�: ;��>;;:, •.;..`<' �,�'•, 18. Bmendment. The fact that any use o£ the Dart Property � - that is expressly prohibited by this Conservation Easement, or any a�-: `., other use as deternmined to be inconsistent with the purpose of this � "�; Easement may become more economically valuable than consistent �.ses allowed by this Conservation Easement, or that neigkiboring • . properties may in the future be put entirely to uses that are not - '• permitted hereunder, has been considered by the Grantor in granting �-� �' this Conservation Easement. It is Grantor's belief that any such changes will increase the benefit to the public of the continuation '-' of this Consesvation Easement, and it is the intent of both Grantor � ,f and Grantee that any such changes should not be assumed to be '":r' circumstances justifying the termination, extinguishment or 'k:: automatic amendment of this Conservation Easement. Tn addiCion, ;�_; :_ . the inability to carzy on any or all of the Consistent Uses, or the •?: unprofitability of doing so, shall not impair the validity of this �:;, � Conservation Easement or be considered grounds for its termination, extinguishment or automatic amendment. * , Notwithstanding the foregoing, however, Grantor and Grantee ?�� recognize that circumstances may arise under which an amendment to or modification of this Conservation Easement would be appropriate. � � Accordingly, Grantor and Grantee may jointly amend this y`� Conservation Easement, provided that no amendment shall be allowed 'r that wi1Z affect the qualification of this Conservation Easement y�; under Section 38-30.5-101, g� se�,u., Colorado Revised Statutes, nor :j its qualification as a consenration easement for purposea of Che i� • Internal Revenue Code, and any amendment shall be consistent with ; the consexvation purposes of this Conservation Easement, and shall 'I not affect its perpetual duration. Any such amendment must be signed both Grantor and Grantee or their succesaors and assigns and �# ahall be effective upon recording in the official records of Pitkin ' County, Colorado. Although this paragraph recognizes that an amendment to this Conservation Easement may be appropriate in certain circumstances, the terms of this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an • amendment requested by the other party. - :. �. 19. �Y �ng�aYLm n .. If circumstances arise in the future that render the purpose of this Consexvation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether with respect to all or part of the Dart Property, by judicial proceeding in a court of competenC jurisdiction. ! 20. Enfor_emen and Wa�v ;. Enforcement of the Cerms and � provisions of this Conservation Easement shall be at the discretion �� of Grantee_ Any forbearance on behalf of Grantee to exercise its ` �x rights hereunder in the event of any breach by Grantor shall not be � deemed or construed to be a waiver of Grantee's rights hereunder in � the event of any subsequent breach_ Grantor hereby waives any defense of laches, esCOppel or prescription. ��`. ° Hao�weo-z�xvisio��-se«wac�.�.pa -18- ,$ { I I'�I�)��II��I'I IIIII I'I'II'�II'II"�I�I"II'I III I�I� f. ::. 404572 0S/19/1997 01:03P DEED �,�';, ' 18 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK - _ , � . �',`,` � . � � � ..:. .. , i . � J . . - -- —.. k, �_'_. --�-�-.. .. __�_ ... ... ._ . . . . :��% .<- •_--__-_ - -- - . -___ ___� ._� ,... �.,;�,a;�;.. � �� 4� l.`: �.jTi.i;��.-' �'• iy . *°' ':�?��;�: ;?,,:`. � 21. Enforcement of Rights. - a. In the event of a violation by Grantor or a third �. i, party of any term, condition, covenant, or restriction contained in � this Conservation Easement, Grantee shall give the Grantor written `�' , notice of such violation, describing the violation and making .. � demand that the violation cease and be remedied. If, after fifteen (15) days following receipt of such notice (as indicated by the registered ox certified mail return receipt), the violation has not }.�:: - been corrected (or such correction commenced if it would reasonably ��' ' take longer than fi£teen (15) days to remedy) or the prohibited use �`-�-�� terminated, and any damage to the Conservation Area remedied and j,.;`.. the Conservation Area restored, or steps taken to ensure the swift I . restoration of the Property; or, alternatively, if a written ;�` ' explanation to Grantee of the reason why the alleged violation i.:, � should ba permitted is not delivered to Grantee within such fifteen ' . (15) day period, then Grantee may enjoin by temgorary or pennanent ` , injunction such violation, or may take sucri other action as it i" +- .�: deems necessary to insure compliance with the terms, conditions, � covenants, and purposes o£ this Conservation Basement; provided, �: however, that any failure to so act by the Grantee shall noC be ;a:', deemed to be a waiver or a forfeiture of the right to enforce any 2{ term, condition, covenant, or purpose of this Consexvation Easement , �� in the future. b. Grantor further intends that should any Prohibited �� ' Use be undertaken on the Conservation Area, the GranCee shall have the right to cauae the restoration of that porCion of the , Consenration Area affecCed by such acCivity to the condition that existed prior to the undertaking of such prohibited activity. In _ : such case, the cost of such restoration shall be borne by GranCor, Grantor's successors or assigns. Nothing contained herein shall be construed to preclude Grantor from exhausting legal remedies in determining whether the proposed activity to vrhich the Grantee has objecCed is consisteat with this Conservation fiasement. c. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, withouC � limitation, costs of suit and reasonable attomeys' fees (even in the event Chat the Grantee secures redress without a completed � ` _ judicial proceeding) , and any costs of restoration necessitated by � violation of the terms of this Conservation Easement, shall be � repaid immediately to Grantee by Grantor. If Grantor prevails in �� • any acCion to enfozce the terms of this Conservation Easement whether brought by Grantor or Grantee, the costs of euit, including, without limitation, reasonable attorneys' fees of �` . Grantor, shall be paid by Grantee. d. Nothing contained in this Conservation Easement �, shall be construed to entitle Grantee to bring any action against �, Grantor or require Grantor to Cake any affirmative action relating ''� �� K1qWNFNS)7e�101�EdEUrDcdCOn.wpd -19- P� .' { - i I IIIIII IINI Ilftll IIIII IIII iltillt Iliil flf Ililli tli illl � 404572 0d/19/1997 01s08P OEED " 19 of 30 R 0.08 C 0.00 N 0.00 PI7KIN COUNTY CLERK � - {;! _ � �i . y � .:. , � , : � . - 9 � ' ._.._._..__.. ._ i �x.. ��_'___��+ _�--�—_ _ . .�".. — -�. .- .._. . . . O)1� , �_ _ . __ - - - _._,.. �,,, .. .. - _... � r,�;�.��,� �'�''d�'�: .�:r.:�;.:.. r.�.:-:.�.,, . ��:�,::: to any injury to or change in the Conservation Area resulting from '`- causes beyond the control of Grantor, including, without ., limitation, fire, flood, storm, and earth movement, or from any '�� prudent or good faith action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the •',.:� Conservation Area and/or the Dart Property resulting from such ,_ �. causes. e. Notwithstanding any other provision hereof to the F.;,�'�• contrary, upon a transfer to a Chird party of Grantor's interest in �` � all or any portion of the Dart Property, Grantor's rights and ':.�-: obligations under this Conservation Easement relating to the r propezty transferred shall automatically pass to said third party, and Grantor shall have no further rights or responsibilities ' hereunder with respect to such property transferred, except that , • liability for acCs or omissions occurring prior to transfer shall � survive transfer. } . � �� 22. Assi?nmenC. Any assignment or transfer by Grantee of its + rights hereunder shall be subject to the prior written notice to !. Grantor. Grantee may assign this Conservation Easement only to a charitable organization exempt under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, which organization was � created at least two (2) years prior to receipt by it of the ? Conservation Easement, provided that (a) in the judgment of Grantee, the assignee organization has the ability, experience, � interest and resources to carzy out the consenration objectives expressed in this Conservation Easement, and (b) the assignee organization agrees in writing to abide by and to carry out the � intentions of Grantor and Grantee as 2Xpressed in this Conservation � Easement. . f 23. B�nd�na�ffPrt• Rule Av�,;n n ro �; i Q• Severab;l;tv. This Consexvation Easement shall run with the title to the Dart Property and shall be binding upon and inure to the benefit of the F parties hereto and their respective heirs, personal R ; representatives, successors and assigns in perpetuity. 2£ any term � or provision of this Conservation Easement would otherwise violate � the rule against perpetuities or the rule restricting restraints on � , alienation, such term or provision shall automatically expire and � ' be of no further force or effect twenty (20) years following the � ; death of the last to die of Peter J. Dart, Frederick F. Peirce, and • e '• James R. True, and their now living children. If any provision of e, this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions hezeof and the applicaCion of such pravision to persons � , ' or circumstances other than Chose to which it is found to be invalid, shall not be affected thereby. 24. o�n Obtjgar;on- Gucc G o The obligaCions imposed by this Conservation Easement upon the Grantor and Grantee shall be , I - xarnwn�sne�io��.s�o acan.�ye '20� � � I III{4{1114I It1111II!!!Itll Iltllll lllll ill 1111111 tl Itll 404672 0'S/19/1997 01:0'3P DEED 20 of 30 R 0.00 D 0.00 N 0.00 PITKIN C011NTY CLERK / � s � � -:. .' • 'k — -- — - - -._ —_ _ •; ...------- -.^-- _ ,..> __ � __ ^^. , `- ____.__ ". - ..,.. ._..,.... ; �-: °.; a"'�,;��;° �,;: �:. „ ��•,,, . . �}e��r5�: �:. joint and several. The covenants, tenns, conditions, and restrictions of this Conservation Easement shall be binding upon, •. and inure to the benefiC of, the parties hereto and their �'"� respective personal representatives, heirs, successors, and assigna _ and sha11 continue as a servitude running in pexpetuity with the • - title to the Dart Property. " , 25. T_ntexvretation. The provisions o£ this Consenration Easement shall be construed to effectuate their purpose of � ?. preserving and protecCing the Conservation Values of the !,`: Conservation Area. No remedy or election given by any provision in '�' � this Conservation Easement shall be deemed exclusive unless so ' indicated, buC it shall, wherever possible, be cumulative wiCh all ! '; � : other remedies at law or in equity. The parties acknowledge that , ' each party and its counsel have reviewed and revised this Conservation Easement and that no rule of constzuction that ambiguities are to be resolved against the drafting party shall be ,. ' _ - - employed in the intezpretation of this Consenration Easement. "f' This Easement shall be interpreted in accordance with the laws of , the State of Colorado. ? IN WITNESS WHEREOF, Grantor and GranCee have executed this 4 Consenration Easement as of the day and year first above written. t � - 1 AT� T: GRANTEE: + ,% � BOARD OF CO lYIIrlISSIONERS OF r l PITKIN COUNTY, RADO � � . / �r . E . �, � `�. .� , ' s; , � � ' By; � Jeanette J'ones Ri.11 Tu3.r.� Chairman . j De��uty Clerk �nd Recorder DATfi: .S'15��f 7 ' . j • i; i i APPROVED AS TO FORM: MANAGEI2 APPROVAL: R ? �� --� �t/ `, ; � ; ; C—on ty Attorney Suza Konc � � nty ager � E ! �� i : RECONII�iENDED FOR APPROVAL: ' � ' } ne Ellen amilton, Chief Executive Officer pen Space and Trails + � ! ��- i � nwweMevsne�mi�•ee.�o..mc«...ma -Z 1- I��'III'�III"I�'I III'I I'I�II'I'I'I�'ll I�I"II'�I'I I"� t A0A372 03/19/1997 01:0SP DF.ED 23 ef 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CIERK ` i n... . . . � aw . , _ __..._..... ._.. ......: . ..._. . .�. , . . / . , 4 • �'` ti ,., • . .I... �. � . . ;. . a ,! " ' . . . ' . .. .. , . . � .'j� � . ,� . . . ..�..._..�__�.._, � s.�--�---- —^—�-. - .----� —...— _ .__ . c.] _ � � . �� `r�. . ��=�',, t;a.�it�:,,. ' APPROVED AS TO CONTENT: �:��'�" . 1%�- �y\ �� . 'i1� . , Chair, �� Open Space and Trails Board of Trustees ' <, ' � GRANTEE: PARK TRUS , LTD., D/B/A ASPEN VALLEY LAND TRUST ��,�-.,' '.' r<: ': , i;: B �. Y� . Darcey Brown, President GRANTOR: DART FAMILY PARTNgRSHIP, LTD., � ' A CO ORADO LIMIT TNERSHIP Y+ � i By.� � .. } 14 ` General artner �� . =1 ;� �' STATE OF �� ) � ) ss. t �, COUNTY OF ) ° The foregoing instrument was a know dged before me this ��—` ' . E day of �, i9� b�.�� . , general partner - ; of the Dar Family Part rship; Ltd., a Colorado limited : j; partnership. - Witness my hand and official seal. _�_3 �� ' rIy commission expires: / 9� . j j '.`� U.�Q�IC� ,J` �' �. � ._�: 2,: � : _ - ; f( Notary Public -„y';,.,,`� :��`;' ( . __ �i ��,:_,`'',i.��; k 6i � 1 i ��l1�� - i . . 404l72 0S/19/1997 01:09P DEED � 22 of 30 R 0.00 D 0.00 N 0.80 PITKIN COI1N1'Y C�ERK x:�awwaxs��e��o��-se...o=ac�,.�a -22- q' I�: . �. _._.___ ---..--. ; _/ ____ _ .__.._ __.__ .. _ --- -- _._._ � ,,�= � . �.' " " 9 -� _ t , , I ' 4 � • �.'. ' . ' ,x' ' �^'_.T_.�"_��..... ._...._ ._._' _ "— ._ _._ _._'_'_—_"__— . . .' � - a.� /• .. � - ' . ' 6 ' ,.0 , �(��J��,'. ,,�,�'' st�. . . G}��e� '��i:;�,�: EXHIBIT A - (LEGAL DESGRIPTIOIY OF DART PROPERT� 'z�;. �,, ,., Tract 73 (also described as Lots 5 and 6), Lots 14, 15, 16, Section 26, and a .��: " portion of Tract 73 (a3so described as Lot 6) and Lots ZS and I6, Section 27, � ToT+nship 8 South, Range B6 West of the Sfxth Principal Meridtan, being more j:� , particuZar,Ly described as follows: Beginning at a U.S.G.L.O. brass cap properly marked for AngSe Point No. 4 of {:`." said Tract 73; thence North 89°18'S6" b�est I86.55 feet along the Soatherly ';,#,._: ,: Sine oP said Tract 73 to a U.S.G.L.O. brass cap properly marked for Mg1e � r Point No. 4 of Tract 72; thence South 89°34'IB" West SJ65.68 feet aZnng the �k ' SootherZy 1i.ne of said Tract 73 to a U.S.G.L.O. brass cap properly marked for �. , - ' Angle Point No. 3 of said Tzact 73; thence North 00°01'30" East 341.01 feet •�� . . aZong the Wester2y Zine of said Ttact 73 to a point on the Northerly R.O.W. o# �.��; Highway 82; thence along said Northerly R.O.W. of Highvay 82 and aZong a curve r`` to the left having a chord bearing of South 81°40'42" East 87.I8 feet and a ��y�^>� radias of I096.00 feet; thence departing sa.id R.O.W. of Nighway B1 '" � � North 43°4H'46" East 226.05 feet to a point on the centerline of Che Roari,ng ��1� Fork River; thence along said centerSine of the Roaring Fork River the � ..� foSlowing three (3) courses: �:`�' Horth Z1°18'09" WesG 109.72 feeL; ;p North 41°01'15" West 203.48 feet; � �•��:''1�' North 59°36'40" iJest 78.29 feet to a point o� the Westerly line of said Traet ,�,; � 73; thence North 00°01'30" East 530.37 feet a2ong the WesterZy 2ine of said i ,i " ' Tract 73, Section 27 to a U.S.G.L.O. brass cap proper.Ly marked for MgSe Point ;�j Ho. 2 of said Tract 73; thence Narth 00°00'00" East (accordfng to G.L.O. Plat � dated September 30, 1929) 759.78 feet along the Westerly line of said Lat 16, =� Section 27 to a potnt which intersects the NortherZy Iine of said Lot 16, , � Section 27; thence North 89°50•00" East (according to G.L.O. Plat dated '3` � �� September 30, I929) 2643.66 feet aZong the Northerly Zine af said Lots I5 and 16, Section 27; thence North 89°29'26" East 2707.56 feet aZong the Northerly _ Zine of said Lots IS and 16, Section 26; thence North 89°32'23" East I331.53 .•* . feet aZong the Northerly Zine of said Lot 14, section 26; thence South • 00°4I'28" West 872.80 feet aZong the EasterZy 2ine of said Lot 19, section 26; ' thence North 88°12'17" West II20.79 feee along the Sovtherly Zine of said _ • Lot 14� Seet.ion 26; thence South 00°03'20" West 2315.30 feet aZong the � a - � EasterZy Iine of said Tract 73 to tne Point of Be3inning. EXCEPTING THEREFROM the tract of land encZosed and used for cemetery purposes knovn as the "Wheatley Cemetery" together with a strip of land ten feet vide i �on ehe north side and strip of Zand ten feet wide on the south side of the - fences enclosing said cemetezy, beinq a tract of land approximately 50 feet by i � 35 feet� and a private zight of uay IS feet in c�idth to and itom said cemetery �, � extending from the souGh side of said cemeCery to the County Road, as �� reserved in Deed recorded Ju1y 2, 1930 in Book Z58 at Page 442 as. Reception � �',� ' � No. B5355. . � I ALSO E?fCEPTING TXEREFROM a tract of Iand approximately ten feet •i [p� square adjoining the Denver and Rio Grande Railroad right of way, on vhich a �1y wagon scales has been canstructed as reserved in need recorded Ju1y 2, 2930 in -11 Book I58 at Page 442 as Reeeption No. 85355. . Continued on nexe page � '- .i� � I Iltlll IIIII tlllll illl(ilii Iillill IIIII III Iililli li IIII ?�,'��; 404572 0S/19/1997 0f:0!fP DEED �,.;;i 23 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � . � ;. i , � , 4 � -:. . --• , ��. e _ .. .___...__.-- �- ''�'� n�^�----- _.�._. . —-�� — - -- ._ _ . . .. / U� . ,:. - ---- - - - ----� i.: . �.. ..: .� �,,�, 1 Desc tion . • ��+A,ry�i;,,�: Continuatton of schedule A - Lega rtp f,. ,, � order Nvmber: 00023458-C3 �'�"`J'�`=tik::' �% ALSO EXCEPTINC TXEREFROH those parce2s conveyed by Deeds recarded November 28, . .;��-i'1� 1995 fn Book B00 at Paga B17 as Reception No. 387734, and recorded May 31, " 1996 as Receptzon No. 393195. �'�,'�. AL50 EXCEPTTNG THEREFAOM Lhe following parcel known as the Dart �.�5.-��, FamiZy Partnership, Xiqhway 81 Parcel described as fo2lovs: A portion of Tract 73 (also deseribed as Lot 6) and Lots IS and 16, Sectioa � 9,:``-`• ,' 27, Township 8 Sauth, Range B6 West of Che Sixth Przncipal Xeridian, being �.,,;.:r4• more particularIy described as followr. � �4�:.'%'._�_. � Beginning at a tI.S.G.L.O. brass cap properly marked fro Mgle Point No. 3 of � �... � . said Tract 73; thence North 00°01'30° EasC 242.02 feet aZong the westerZy Iine • of said Tz'act 73 to a point an the Soucherly zight-af-way of Ntghaay 82; �`�1�.�,- � � thence aZong said right of way of Niqhway 82 the fo2Zowing six (6) co�rses: �:4 ' .. 328.79 Peet along a curve to the Zeft having a chord bearing of ��'Y� �;:r: South 86°37'32" East, a chord length of 327.76 feet and a radius of 1196.00 'feeE; � North B5°26� East 46J.4 feet; ��;. � 452.77 Feet along a cvrve to the right having a chord beari.ng of '�,r South BO°14'03" East, a chord length of 448.06 feet and a radius of 905.00 ,�� feet; `f ,. �. South 65°54' East 236.3 feet; ;,r � 298.15 feet along a cvrve to the Zeft having a chord beari.ng of i South 74°23'38° East, a chard length of 297.06 feet and a radius of I005.60 `.� � feet; � 1 South 82°54' East 141.56 feet; ' thence departin9 said right of way of Highxray 82 and aZong the Southerly Iine ` . _ of said Tract 73 North 89°39'I8^ West 1873.1I feet to the Point of Eeginning. � � COUNTY OF PZTXIN� STATE OF COLORADO. .. ' 4 I ; r i � . �. �1. .`� I IIIIiI lilil lillll illll llll lllllll lllll lll llllili il llll �� -' 404572 0'J/19/1997 01:0SP DEED � . 24 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CIERK � `j. i, �� I'"_ ' l;i � , . .., _ ....�..__..._....____ ...«� ,.:..� . _ . . . .:-___.....�.__.__ __.'.._____ _ ._� ._ .. ...._.. .._...:.. . _. ... ._._._........__.. . ) / . . �" 9 A ', - �;I , --a - . , . .i� . , i. .. � _ r • . �� - � • . ..— _ .-_ . _'___".�_�_"_. - . �� . �h._ �_.'_-t--.'_..—�•--_....""__�.-. — ' �' .�y .: � . . __ __— _—__ __--�-- Mla..' . ...,...;h. .-�. ., , ..-. : —',__, . . f._'_ ....�.....-_ � .�i'.� ..�.s�: :l.: .:c . ..,....� _._..... _ . ........ . � �YN'/Bi1"B u �"�'�': •I � REhqX CONSULTAhfTS 8� P02/63 MAl' SS '97 11:38 ��,r'��Y, `�+I I � I _��.•.. �� (P�� O,'�d� �� r.;s��:�,k•... ' � d � �� .`-� � "� , � �� , . '� � �': �� . , ..�, a y • � � ' _ d ir-'. i� �' 3� a i _ z � � : : ; pa � ,.., • f � z . � � .a� � � o . . � . � ,7µ a j �}= . i � � � w � i �a � a i � � � �:. t� K a � - Q 2 • X . f �w .. • . i � � + ; ; ' � . F7 � � i ` f '; � ' �y • , . � ! Illllllllll1111111111111111IIIIIIIIIIIIIUIIIIII�IIIIII �� ' � 284of 30 R 0.00 D 0.�N 0.00 PITKIN COUNTY CLERK � ' / � 1� ' , . �� . � , -.. . _. Y�� s � � . �� l �� . .. v I. - � . ; 1 9 4 � • q , *f�! J�M�• JLO 7 wK��M � / \ . �.' _• . . ._...._....... . . . . .. ... .. . � � . . . " . . � . �!' i y t � � �' � �• ' • ! . V� � ?�^�'--__' __..�.--_. _...—._-_ — — . . ._ .__'". "—"—._. � ' r a�, ��;; �_ ..,,,�� _ -�__._ ....JiM.. ., i. .. . ,. . "_—_ ..--_.-._.�_. . 1 +. .. --_�_......._.._-__..�_�._...___.�__ �-'� a�rw>c cor�uTaNrs �XH/�/1'"B" �..:, ,:., _._i_ ;:;, \ 830 F'03iO3 MFlY 15 '97 11:38 ��, t �� p.� .� . . !w f��'•f�Y�,I � ' ' _�' �,t, . ; ";{s�- .,� -� . � � `;.,.,.�s � ' � - : ..�,. � ��. • ' .. � . �i<.. , �;, _ :�. . ,.k . . . .�: 4 / i :Y.:,.:_�� ... / ■ � Y � � � i�. !,.;;. � � ' � � ( �•/. _ tQ � � 11/.. � k :. . y+�M� � .a:•; �� 't. ,.� � ��et� li �;:� . , ::,. �� 'b •� . � � �,.i:�� y� 0 (� � ./I.; '[= r � a . � :'! '1 x ' w h � � � . �� 'E � � ' �aJ �� ' � { � I ililll 1111i tlllil lllli Iili illilli illll fll 1111111 i{Itll ��' -'_ � ,�� . ' 404672 �'3/39/1997 01:0SP DEED Z� ZB of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTT CLERK �" ` P' � . ' . � �i,i. <. �Y - + . -_ �� ' ' � ,�. �� • ;a; � , . _ _ _� _ _ � , , ^, ' -� ......_. . r � ( � . . � , 4 � tI. ti, � 1 . - . f ',�. . , . . �'^-----------�—_...__ . _ .. � ._ . � _ _— .. ._ -----___._ . / :SF �.. _ __.—. -- -.•_.. i'WY-Y1Y177f id:�.� rKGi9 i[UL7Cicl� r �nnrru. �.� '_—_.. ;nrJ�1Dd r.Y�c . _ .. � . EXN��r "8" � . , ��.-h�;� • j � ,/, // i . �.,,�;u�:,j', ' �Ct2ZZ�.�L1.Y LLI�CI� L�LL�i«,i� JI r• � F:,s.'.�.-�:i:;•. . � . . • . �LL:�,�.rcrriti!I.und Sarvr.�n,r� . I , Lr; r�: - � • . ' � . . S l8 Cui��ridr�Avenue• . , . . • . ' Gleawax!Sprint�.Cotoradu B1tiA1 � " t�� :� , � . � i. ; ' � . - � (4��) �iS-Bfiti•f . .;.:rj:'�%. ' . . ' ;•�. ' . �. . � � , . � � , . . . c�.: .�,�, . . ' � � DART P.4l�lILY PNITIYERSAIP � ' � . ' . • • • , . ' ' ; • . - • j:'` •.,: -, � .. . � , ' SGHOOL HOUSE PARCEL • .s . • . ' � - PROPL�RTY DB3CRIPTIOX� • ' �'.�� ', , � . . ' , � ' ' _...:. � � ' ::t::�.Y;^�'�. -'.;:•Tract ,73 falso�described as Lots 5 aad sJ, Lots 1�. 1s, ,t�, Sectioa 2e, . 6 ' Toxashdp 8 9oalh, RanYe 86 Wesi, 6th P.M. being aore parficularly descrtbed as . • , 4�'^ '`:•folloivs: – . .. ; . � " . 'Beetantng st a point 'trox, xhence a U.S.O.L.O.'6rass cap prope{r2y �earked for ' . • A»gle Poin.f #3 oP satd• 2Yacf ?3 beai�s S. 6d'�8'06" b'. 14SX.2h�teet: theace , ':`5�80°45'42" B. I.341.8� Peet; rbeuee S� 78•57'23" M. 225.97 l�eet; theace 5. am� .' i: `'��;{6�S!10'20' 1V. 2Td.13,leet; tAence N."89:50�4Bw.IV. ..180.30,.f�et;.. thBDCO N.. , �u�� `'1.:.. I` � ;!;;�78•31!05" �II: .a89.38 'leet;' �Y6ence N. BI Y9 39 M.� 243:38 t e!; `theace. 1Y.• n� ��:�.;.35•12'07" fI. 105.2*�teet�to Ybe Paint of.aegianinp, satd parcp! conte.fAinp �a� �7' ! ��p,",5.33�acres, sore or. less. , ' • A;.;�. ' . 'r - r;:. ;,i . . . . . • .'t a�n�� ; ' y r ��,.:;J;;��"-'. . • ' •. . . ' . . ' ' - • . .. �e� . 7: ::I'+F�Y:':'t � � . . � • ; - . . . . OJ� � ��: • .. i�+:a j'�t''v:a`.�41::::.'�y� • . . :'.y:.' `�' .,,. � �'i, .•:.:.;�..r'.,,,.� ••�PARk BOUSE P�tRCEL • . • . . m a� - � � ;.ky,,•..�_�:, . -.. ' .. . •. : : . —` •i . � . ' . ��,'��:I.. I ' 't�y s:e `PItOPSRTY DBSCRIPTILW • '• . . ? ' .. �ui�'�:� � 'y��:=��:`. : •Z� '"_,.�.y,-..,: . _ Y . .�. . ' �': %�?..' 2'0�::j:... 1 ��'��C)N.:'r...'��w .'•�,L��..'y:�•,.�, :,.'�:E",s,o��v...:�rS..:. . : ::i..:.��'.r '.��'J:tia'•�.W�:"'bes•.•Y�e,�i�.�F�.;is '....... : �.��. ';tract �3 (slro desarSbed as Lots 5 and.�s),'Lots.14, Y5.•16. Se�*i'on�2e,�abd s �r°n� • =:..partion of Treci 7s (also,descri6ed as Lot�6) attd Lots,S5 aad 6,'�Secfian 29, mo� ,� ::';��'oMUShlp 9,So+rilt.;Raapr 86.West,•BY6 P.X. 6eing�eore partfcular�y deseribad aa w � ' .. ,._fallors: ., . • . . . . .. '� . � _ •_ •-• . " ..• '. . _. .• ... .•. .� � : z � :: ' :;};eeginniu�at a�•tioSat•lroa et4e�ee a D.S.s..L.o.•brass •cap•prop.e Iy.iarked.for ; o , ' j: -.. • ~ . _ ... F 4 -•�s`,Ati�1e,�Pafnti#S�•.'t:•said�Traci 73 bears 3. 89'95'22".;X.;,3298.¢,t��eL: ,'tdence/V. � . — : , ��.�,�. 9.....,,...,.......,. . � z � =� ,��C•.00'�'39."..Y._�-33B.2Q teet; Thence�N. 82'19'II S. ��•648.�t4'f t�. :Yhel+ce :8- , K � . '�:•"Q?.�18!51�"_;.X:��;339,4LF teet: thBAte;3. 93•31'40' N. 24f.03 f et;�, theace •9... . `��•, i t .`,`�_:6Q•a?'•16".:M.,4l8.,80�'!de! to the l�int o! BCFSnn3ng, : Said.par�ee1. aontaiata� � . m .. .; i �aore or�Iess.• • ..'^'.• : E ,`•'s..ne•acies. -• .. .. __. .I . . x � . . .. . , . � � � . ... � ... : . . " ��'? . '. • : ,•• k .BARN PARCEL � ;:;:'i..;';'• � '• .. ._ '„ .. . PROPER7Y bESCRIPTION .1.:• . ', .. . � . � � .. _ i -` r � iract 73�(also described as Lors 8 8ad 6), 'Lois 14,••15.' 1�, Seotlon 2ff, . � � ToMnship 8 South, Range 86 We9t, 6ih P.X. heirrp nore particularjy desCrtbed as follaire: �. . . • • � ; .. : . t . .Btginaing af a po.9ut trar s►henee a U.S.Q,L.O. brass cap properly �srked tcir � � Airgle Paint d'3 ot safQ ?racf 73 bears S. 82'29.'28' fil. aBY�.BB. 1�eei; tkBncR N. �=':� " 79`44'19' 8. 8P.99 fa+eC; theace N. 8�J°49'07' N. 495..21'fept; tbence S• �� , 00•28'39" G, 226.09 Peet; the»ae 3. 89°31'21" W 58Y.17 lelet; ihencc N. ; �^'- •00•41'SS" 8. 2If.37 feet io t6e Poln� of 8egiar+�ag• Sa1d paricel contatping i 1 3.01 acres, �ora ot Jesr. ' � ' �� -' .. � � ' . I• _ ._ ..:,.-+-.:..!. � K,.,. . / � �;: � . .� � .",. � � , •�, � � � ,,.,.,,_._--- ---�-_ — . _ _ . ..-- —_ _ , j 4.} Exmeir ,,�„ . , Art. 8 �:�r�x��.' �..� s.: h;"Cf,'��i1�f',`�� t!Y(�.r,�i.Y`�P�': DAY CARE CENTER means a facility that pnovides regular supervision and care for periods of less .:� "', _�-1�•' than twenty-four(24)houts per day to six(6)or moie children under the age of sixteen(16)yea�who ue ' `- not related to ihe owner or operazor thereof,which is licensed,as cequired,by ttre Colorado 17epaclment of -;z:,, . 3ocial 3ervices. '�; .�y.,,, ',.i• DAY CARE HOME means a facility which provides regular supervision and caze of fewer than six ' - . (6)children per day,and shall be altowed as an accessory use,subject to the following: �- = a. If the famity day care home is developed in conjunction with a residential use,it shall mect the �'�� '� requiremenrs of a home occupadon. '�`� .:;r..:. f•.:�,`: �: b. If the family day care home is developed in conjunction with an insacurioa or business,it shali ',1;;;;r:�.= be limited to use by the children of employees or guests of that insrituuon or business and sl�all p�ovide one off-street parking space. .�k':�^ t%.;: .. ' DEBRIS-FAN FLOODPLATN means a floodplain which is located at the mouth of a mountain valley ° � tributary stream as such sUeam enters the valley floor. i�;,.I-: r'(y:. - DEMOLITION means the act of demolishing a struc[ure. ;�.; '` r..;: . s s: DENSITY means a measusemenc of land devetopmen[intensity derived from a rario of land area in relation co dwelling uniu or building floor area.Density is measuied by dividing total land acea by the numbet �.' ,,:::x of dwelline uniu or building floor arez to uzive az a dweiling per land azea rario or sqvare foot per land area " �"�, ratio. �;' �;�; DEVELOPER means any person or enaty, including a govemmental agency, undertakii►g any � I '�' i( development as detailed in this chaQtet �� DEVELOPMENT means rho caaying out of any building activity,the making of any ma[eriai chaz�ge `� � in the use or appeuance of any strucdue or land,or the subdividing of land into two(2)or more parals. ;$� a. For the pucposes of these regulations,the following acrivities or uses shall be taken to involve "development": 1) A reconsavcdon or alteration of the size or building footprint of a sttucmce. • � 2) A change in the intensity of use of land.such as the establishment of,or an increase or deaease � � in,the number of dwelling units or floor area i � 3) Commencement of drilling,mining,or excavarion on a parcel of tand. 4) Total demolidon or paztiai demoliaon of a sIIucmre. �, �� I 5) Clearing of land,including clearing or removal of vegetation, and including any sigrificant �' disturbance of vegeqrion or substrate(soil)manipulaoon. � . , _ ,� 6) Deposit of refuse,solid or liquid waste.or fill on a parcel of land. ,� � *•I�� aeA 394 � ' j �- � i iri�ii��i�iiiii uui iiii iiimi iiiii��i�iiu�i i�i�ii : ;:� ' 404572 0S/18/199T 01 0'3P DEED ';,.;� 28 ef 30 R 0.00 D 0.00 N 0,00 PITKIN COUNTV CLERK ;: , / - __ �r - � ` � • , . r t -;, . , 1. . 1 . � , � '. . . , . ti. — . _ _ ----- _. .....-.----- _----. � - -- , �� . :.� ; ^ .--.: .�.—----- _ ° �c'�"°�r,"�� f� � . nre s �,t��t � �. YS�: 62fsa� :�:•; b. Development includes all other activity customarily associated with ii.When apptapriate W the "�,;'�;• �� contexG"developmenY'refers to the act of developing or to the result of the act of developmenr.Refesence '� to any speci&c operetion is not intended to mean that rhe operation or ac6viry,when part of other opecations -:_t�'s; �,, or acaviries,is not deveiopment Refeience to pazticular operations is not iniended to]imit the generality of �'= .;y.:,j •-. this definition. , DEVELOPMENT APPLICATION means any written mluest for appnival and/or issuance of a j:'�::�,, development order_ DEVELOPMENT PERMIT includes any building permit, Special Review approval, subdivision � �� approval,appcoval of growth management allotrnent appmval of a certi5cate of zoning compliance,or any =`>Y�` other official action by any official. councii,commission, or board of the Counry having the effect of '�_:? -' penmitting devdopment `:�-;`'.. .Y-,: DIAMETER BREAST FIEIGHT(D.B.H.)means the diameter in inches of a uee measured at four � and one-half feet above the existing grade. ��;_� ' - DIRECTOR,PLANNWG means the person primarily responsible forplanning and zoning administra- tion for the county,and includes pecsons designazed by the Director. �,;, DOMFSTTCWATERANDSEWAGETREATMENTSYSTEMmeansawastewatertreaunentplant, "'� water ueaunent plant,or water supply system as defined in Section 25-9-102.C.RS.,1973,and any system �'C of pipes,structures,and facilities through which warer supply is obtained.treated,and sold or distributcd for .�•'" human consumpuon or household use. �� i. DORMITORY UMT means a suucture or portion thereof under single management that provides group �� ! sleeping accommodations for guesrs or tesidents in one(1)or more cooms for compensarion Occupancy of ;I � a dotmitory unit shall be limited to no moro than eight(8)persons.Each unit shall provide a muiimum of one hundred fiity(150)square feet per person of net living area.inciuding sleeping,bathmom,cooldng and �' lounge used in common Standazds for use and design of such facilities shall be established by the Councy's housing desigiee. ' DRAINAGE AND EROSION CONTRUL STRUCTCIRES means atl facilities necessary w conarol i the direction,depttt,velocity and volume of water flow within a development,and to mitigate erosion and _ � relazed water quality impacts fesulting from developmenG �: b ! DRAINAGE PROBLEM(s)means any unsatisfactory condition(s)that may affect or iesult from the natural withdcawal of excess surface water or groundwater fmm the tiact or from the vicinity of the uact � Such conditions include,but aze not iimited to,low-lying aceas rroc having adequate diainage oudets,shallow groundwater tahles,or storm water runoff originating from developed or undeveloped areas on or adjacent to the tract_ I j DRY W ASH CFIANNEL and DRY W ASIi FI.00DPLAIN means a small wazershed with a very high }� percentage of nu►off af2er tomntial rainfall. �� ,� I IIIIII IINI IIIIII Illil IIII IIIIIII IIIII III 1111111!I IIII � �04572 0B/39/3997 01:09P DEED *i,1. • 29 ef 30 R 0.00 D 0.00 N 0.00 PITKIN COUWTT CLERK 395 1 � _- ,.i � .:�, ..� __ _ _ . ti / �. _ . � � � -;, -► . . "' �..--"------ --^- - — - — . _ _. _._.__—..__ /� a.a . � �-_.______ �� . � _ _. .... - ___._.._.__---- --- J ��,��"` Art 8 �trr vF.1�`�: ��;_;'�'.:art'; •;�- "�""i'': ��..i:x' SITE COVERAGE means the pertxnrage of a site covered by buildings,measumd at the exterior walis : r_ or suppotting membe�s of a buiiding at gmund level.Roof or balcony overhangs, cantilevered buiiding ;,;:,1 ;. elemenu and similaz feacures shall be excluded fmm maximum allowable siu covecage calculations,provided r,,' ;� that the area of such overhangs is less than or equai to fifteen percent(IS�Yo)of the maximum atiowabie site covecage. :�', - .._�, SITE SPECIF[C DEVELOPMENT PLAN means Detailed Submission appmval described in Secdon �:`:,� 4-20 of the Code.Where Detailed Submission appmvai is not iequired,the Site Specific Development Pian , shall consist of the Fuial Plaz approva2 identified in Section 420 of the Code. Where neither Detailed , Submission or Finai Piat approvai aze required for a par[icular applicarion,the final a�pmval granred by � ,� Resoludon of the Boazd of Councy Commissioners,the Planning and Zoning Commission or the written '`:r•�' approva!of tt�Planning Office,whichever agency is authorized to gran[final aQp�uval of the project,shail �k.:� be deemed tp be the Site 3pecifrc Development Plan. A variance shall not constitute a Site Specific `''.�-;' . - Development Plan.A zoning designation(e,g.,R-30.R-15,etc.)not part of a Site Specific Development Plan �'�`� .. shall not constitute a Site Specific Development Plan and shaii not iesult in the creaaon of a vested property '� ' right. ; �'' ' r.;.,:• ,.;,P;. SKI AREA means all ski slopes and uails and other places under the contral of a ski area opeiator and �;j,' admin➢s[ered as a single enterprise within the State of Co(ondo. �, SLOPE means the gradient of the ground surface which is definable by degree or petrznt ��' '`' �" r,. SOIL meaz�s the relafively loose,incoherent eanh mazerial of whatever origin that ovedies bedrock. i��I� .�� STREAM see CREEK. . ? ij � STREET means a public way othec than an alley,which affonds the principa[means of access ta ;� abutdng property,including private streets. ;� STREET,ARTERIAL means a stieet which has the primary funcdon of carrying thmugh traf@c,buc , which also provides access to abutting property. STREET,COLI.ECTOR means a stteet which has the primary fw�crion of pmviding for the distribuaon , � of a�affic within neighbor-hoods,and which cames Uuough traffic and provides aa:ess to abutting property. - � STREET,LOCAI..means a sdreet which has rhe primary function of providing access to abutting �' t : property,and which does not no�maity cazry tluough uaffic, STRITCTURE means anything consttucted,installed,or portabie,which iequires IocaUon on the gmund. � It includes yurts and tepees and movahle lwiidings which can be used for housing,business,commercial, agricultural,or office putposes,either temporarily orpetmanendy."Strucwre"a7so includes mads,walkways, { pathc,fences,swimming poots,tennis coucts,signs,sheds,and other accessory consavction."Swcmres"do y� not include fences or walls used as fences less than six feec(6� in height;poles,lines,cabies,or other nansmission or dis[ribution faCilities of public utilities;bus shelters less than 200 square feet in siu. , . � � SUBDIVIDER or DEVELOPER means the pecson including the owner,or agent for the owner,dividing �� or proposing to divide land so u to constirute a subdivision co be shown on a recorded plat �' �i�,� � 1 IIII(III iili iilii illi 413 ��j ';: � ; �- I I i i l l l l l l i l l l l l l l l l l l l l l l l l i l l l l =�'�=� 404SM 0S/19/1997 01:0'3P DEED �5�.�;� 30 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ;,;-:, .. ,:,;.:r,... , _ r,,:_ . , . 1:; , _ , , . , .;.. . � � , , . , . 'M. ' �^'�'��'._ __�,.,__. .. . - . __ ___ ._ ...._.____..._'_ _. � ; . � u�% - _ �` ., rn . .. . —.._ .�� +1 �+.;'`�"r�. . RecotdeJ at o clock_M., � 1, Ki6.` Reception No. RccorEcc �•. \� � 1�.��, � SPECIAL WARRANTY DEED �. .��"4'�:` ,.. THIS DEED�Madc this (�-(� d�y of May .19 97 , . bctwcen .. . �=;4�. Dart Family Partnership, Ltd., a Colorado limited partnership i .,,;;' _ o-w�pwrxli�w duly organiud and exisling unAcr a�ui by virtuc af Ihe laws o(thc SIa1c vf j ,, �. Colorado ,gmntor,and �:��, . i'., . �.:-. - Board of County Commissioners of Pitkin County, �;_.:,''�,y Colorado i;;,: . f;..:. whosete�.,ladarcssis 530 East Main Street, Third F1oor `p=:^ Aspen, Colorado 81611 �`•� ' � of Ibe `County of Pltkin .Stale o(Cdofaib,granktw. �,�..;��' . y '� {VITNFSSETH,That�he gnntor.!or atK!in cvnsiJcration of�hc sum o( �� .,' $10.00 and other good and valuable consideration - - - - - - - - - - - -DOLLARS �" }� [hercceiptamisufffciencyofwhichixherebyuckn wkd ed,has ronteJ,bargaiceJ.wldandconveycd,andbylhcseprescnlsdcesgnnt,bargnin, - 1 ull,convc andconfirm,untothe ramc ' ��8 �cCe�sois � � Y 6 ' " a�d accig�s furever,all lhe rcal property, ' }� Iogcther with improvcnxnts,i(any,siwalc,lying and bcing in thc County of P i tkin { S�ate of Coiorndu.Jexribed�s fdlows; e ;4 'i 4y � See Exhibit A attached hereto and incorporated herein by this reference. � � t? � S m � `� E;� _ j; . j; �� I IIIII!11111 Itlll!Illil liii IIIIIII IIIlI III Ilit!Ilil 11t1 4��69 + 404'369 03/19/1997 3x:S7P SPEC WD ��iION RECEIi�95/19/1�91 y� ! of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTII CLERI( _ �� . � � k' also known by stmel ami number as: � - E k:: TOGETHER wi�h all aMl sin ular thc herediwmenls aml a newnces�hereto belon in or in an wisc n E t,� � S PW S 6, Y PP�r�aining,and tM1e m�ersion end � reversiems.rcmaindcra�ullcmainders,mnts,issucsmdpmfits�hercof;andaUtheestak,right,tiAe.interest,claimanddemandwha�weverofthegrantor, . � cilher in!aw or equity,of,in and tu!ht above bargainnl premius,with t6e he.rediwments aml appurlcnanccs; �; TONAVEANDTONOLDihesaid .� 1 $ S1�CC.eS�OtS !.' � + �kemisesaba�pbargairMdanddescribcdwilhtheap�wrletunres,umolhegram a nss�gns orcver. ;, . ' The grantor,for itself,i1s successors and assigns,does covenanl:uxl agrce that i[shaii and witl WqRRANi AND FOREVER DEFEND the above- �' bargai�rcd psmises in�hc quie�•rid pexeable posscssion of the grame ' t sU��$ng a�ainst all and every persoa or persons claimi�the I' � � whole or an ar�thered', y p by,through or unJer thc gmmoa �_ ' INWITNESSWHEREOF,TMgranarhaacauudi�s�aerpwrwrnametobchereuatosubxribcdbyits General PettRCT �_ � .,__:�__. __. ° 4+i•' J1�f'ia Sxca...T.Ihc Jay and ye�r firs� �I � aho�C wriflca ,' ...-_ p��xi. D T FAMILY PART SHIP, LTD., a Colora li i[ed rtng�shi �. � I s""""�' Janneli C. Da�J, General Partner I By �w.a.r ��, . . I STATE OF COIARADO ��'��. ± (� 1 ss. Counry o( I l��1 V� `' ��"- • j : I The Coregang inxlrument wu ock�vledgeJ 6efore mc his ��`{�i J d Ma � �� ' Y .�5 97 �:'..:� � i bY Janneli C. Dart as General Partner of Dart Family Partnershlp, Ltd. � � ` '°"� a Colorado limited partnersh' +� � °�' .� RY i My commission expires �a-a-�-q-� �Sy P P�/ y �� ,:- � Witncu my hand and officiul seal. r / 2� 's� �� 1 � � � t � �� . �,.4 •It in Denvar.insen^City and:' F �!� ��;o. .� No.SISA.Rev.5-87. SPECIA4IYANRANTY DEEU(Corpontbn 10 JWn�Teaa�tsl fi-tl7 � � BmJfrnl PuMichinp.58:3\K 61h A�e..L�k�vnal.CO tl021J—1�13)?J3�6900 . ; • 's 1x % . �/, '�� „. . . � --�- . ... ....._ . ,..,..,.. �...�„... :i�r_-;�� .::tio-' � e,; ' . �XHIBIT A '�i• . �.�: ;`�',; '�.��': �;.�:��;� ,; LEGAL DESCRlP770N .'- �.� : A portion of Tract 7J (also deeeribed an Loe 6J and Loca 15 and 16, � ,�' Seeeion 17, Tounshtp B Soueh, Rengo 86 wese of ths Sixzh Prineipal Herid3an " •'% t .. being more psrticuSarly de�cribod e: foZlows: c,, � Beqinni.ufq aC a U.S.O.L.O. brass c�p proper2y marked for Mgle Poi.nt No. 3 of satd Traec 73j ehence Norch 00°01'30• East 197.02 feee aZoqg tha Nssterly ltne j��.`;.�..I aP stid TYS�c 73 Lo a polne on tha Southerly righL of vay ot NighNey B2t `:,��'� - thence aZon� said riqht of vay oi Ntghvey B2 eha folloving six (6) eourses: '`?'`R� . � 319.79 faei aSony a carve to Lhs 2eft having i cbosd beaYiAg of south 86°]7'32” Sd9C� a cbord longtA of 3d7.�6 _'est and a radius of 1I96,OC i feet� I'�, -; NoY'eb 85°26� 6ast 463.0 feet; 452.77 feec a2ong a curve to the riqht havin9 a chord bear.ing of I South 80°1!'03" East, e cl�ard length of 4I8.06 feet and a radius of 905.00 i^ : � r.ee, 4'� ':r South 65°SI• SasG 236.J teet; � � � 198.15 feet a2ang e curve ta the Sefs having a chord bearing of �,.. �` South 74°23'38" East, e ehord Iength ot 197.06 Feet and e rsdius of ]005.60 � f teee; i'. � soath B2°50' EasL 10I.56 featl � � thanca departinq said right o! way of Aighway 82 end along the soubherly line << i of aaid Traat 73 North 89'39'18• ✓est 1873.II ieat to the Poini of Daginning. � � 1 COUNTY OF PITKZN� STATS OP GVLORADO � � � . �I .i 1 A . . 1 _ . � � �+ � I I"III"I��I"i III�I'll I7'I"I II"!III"�I'1l�I I'll 404589 06/19/1997 12:S7P SPEC WD j 2 ef 2 R 0.00 D 0.00 N 0.� PITKIN COUN7'Y CLERK ; 1 • t i � I i ;� �. {._ . � j , � i � ,r.i. ___----- ------._._!._------ ---- __. -------- ---.__— _----- . , �� " : __ . `; � t----- `4�� , � �..� . 4 . �• � - . � , r�• .. y . . . . _ .ti__ ..,. � � � . �� • �. � . I ' � . . —. _._.._. .__ .—..--�-� � .i - " k'• :,...�'--- ,—^__.-... .___—._. � . . . // ;F;