HomeMy WebLinkAboutbocc.con.108.2013 RECEPTION#: 596070, 01/10/2013�t �a,�,�.�RaC•�•#rD,�Q�3
04:09:58 PM,
� oF 27, R $141.00 Doc Code DEED
CQNSERV
Janice K.Vos Caudi!!, Pitkin County, CO
NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in gross requires a one-
hundred dollar($100.00) fee be paid to Aspen Valley Land Trust or its successor organization by
purchaser, transferee or recipient upon purchase of this Property or any portion of this Property
or any lot located on this Property, pursuant to Section 16 herein. This payment is exempt from
the transfer fee restrictions contained within C.R.S. 38-35-127.
DEED OF CONSERVATION EASEMENT IN GROSS
RED BUTTE RANCH-PITKIN COUNTY
THIS DEED OF CONSERVATION EASEMENT IN GROSS ("Easement") is granted
this�day of����2012, by RBR12, LLC;RBR 34, LLC (formerly known as RBR345,
LLC); RBR 5, LL , all Colorado Limited Liability Companies; and the Red Butte Ranch
Homeowners Association, Inc., a Colorado not for profit corporation, of the County of Pitkin,
State of Colorado (each hereinafter referred to as a "Grantor" and collectively as "Grantors")
whose address is C/O Hurst, 500 Jalanda Lane, Aspen, Colorado 81611;,to and for the benefit of
ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having offices at 320 Main
Street, Suite 204, Carbondale, Colorado 81623 (the "Trust") and the BOARD OF COLJNTY
COMMISSIONERS OF PITKIN COLTNTY, Colorado, a body corporate and politic, having its
address at 530 E. Main St., Ste 301, Aspen, Colorado 81611 ("Pitkin County"). AVLT and
Pitkin County are collectively referred to herein as "Co-Grantees" or individually as "Co-
Grantee". Grantors and Co-Grantees may be collectiveiy referred to as the "Parties" and
individually as a"Party."
The following exhibits are attached hereto:
Exhibit A: Property Legal Description,
Exhibit B: Survey of Property,
Exhibit C: Dollard Rock Outcropping and No Winter Recreation Area.
RECITALS
WHEREAS, Grantors are the owners in fee simple of the following parcels which
comprise the Red Butte Ranch (the "Ranch") described on the Plat map for the Red Butte Ranch
Subdivision/PUD, which plat has been filed fo�j record in the real property records of Pitkin
County, Colorado, on the /4� day of c�-Gf U�r , 2�9�2 in Plat Book� at
Pages 5�d (hereinafter referred to as "Plat"): � d Gi3 S�� ��Y
Return to: Aspen Valley Land Trust
320 Main Street,Suite 204
Carbondale,CO 81623
970-963-8440 �
Open Space Parcel: Red Butte Ranch Homeowners Association, Inc
Lots 1 and 2: RBR12, LLC
Lots 3 and 4: RBR34, LLC
Lot 5: RBRS, LLC
Grantors desire to subject a portion of the Ranch consisting of approximately fifty-nine
(59) acres of real property to this Deed Of Conservation Easement as more particularly described
on E�ibit A attached hereto and incorporated herein by this reference (the"Property");
WHEREAS, the Ranch was granted certain land use approvals pursuanf to Resolution
No. 080-2009, (the "Resolution") of the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") recorded at Reception No. 564648, on November 19, 2009, which approvals
contained certain rights and restrictions which pertain to the Properly and which are also
contained in a document titled "Red Butte Ranch Subdivision Exemption For A Major Plat
Amendment Subdivision Improvements, Development Agreement And Vested Property Rights
Agreement"(the "SIA"), recorded at Reception No. g�� D�� , on /—/D , �;
�G/3
WHEREAS, the Property possesses natural, scenic, open space, and wildlife values
(collectively, "Conservatian Values") of importance to the Trust, the people of Pitkin County,
and the people of the State of Colorado that are worthy of preservation;
WHEREAS, according to Section 170(h)(4)(A)of the Internal Revenue Code and Section
1.170A-14(d) of the Treasury Regulations, a qualified conservation contribution may be donated
for the protection of one or more of several defined conservation values, provided however that
notwithstanding the foregoing, Grantors do not intend to seek the benefits of a taat deduction in
connection with the grant of the Property to this Deed of Conservation Easement;
WHEREAS, the Conservation Values of the Property include Relatively Natural Habitat
of Wildlife and Plants and Open Space as further described below:
• Relatively Naturai Habitat [§ 1.170A-14(d)(3)]. The Property contains healthy sagebrush
shrublands, which several wildlife species (e.g., Brewer's sparrows) require and which are
identified a Key Habitat Type and Priority Action Area by the Colorado Division of
Wildlife's 2006 report titled "Coiorado's Comprehensive Wildlife Conservation
Strategy." The habitat on the Property is also "significant" as required by the Treasury
Regulations, as it represents habitat for rare, endangered or threatened species such as
fringed myotis, northern pygmy-owls, and Harrington's beardtongue. A portion of the
Property lies within the Maroon Creek/Castle Creek Potential conservation area as
designated by the Colorado Natural Heritage Program for its high biodiversity
significance. The Property serves as an important link between conservation lands to the
east and west, preserving an historic migration route for mule deer and Rocky Mountain
elk.
• Open Space [§ 1.170A-14(d)(4)]. The Property qualifies as open space because it will be
preserved for the scenic enjoyment of the general public and pursuant to a clearly
2
delineated federal, state or local governmental conservation policy and will yield a
significant public benefit.
o Scenic Enjovment. T'he Property adds to the scenic character of the local rural
landscape in which it lies, contains a harmonious variety of shapes and textures,
and provides a degree of openness, contrast and variety to the overall landscape.
The Property is visually accessible to the general public from Colorado State
Highway 82, McClain Flats Road, the Rio Grande Trail, the Sunnyside Trail, and
the Roaring Fork River,which are open to and actively used by residents of Pitkin
County and the State of Colorado. The Property is also close to nearby public
lands managed by the US Forest Service, and provides sweeping views of the
Roaring Fork Va11ey just west of Aspen. The terms of the Easement do not permit
a degree of intrusion or future development that wouid interfere with the essential
scenic quality of the land.
o Governmental Policies. Conservation of the Property is promoted by the ',
following local, state, and federal governmental; and the laws and regulations of
the State of Colorado and the United States support conservation of the Property
relative to its scenic,wildlife habitat, and natural azea values:
■ Local Policies: The land use code of Pitkin County, Colorado contains
numerous policies, rules, regulations and guidelines encouraging and in many
cases requiring, the establishment and preservation of open space, scenic
views and wildlife and ecological habitats.
■ Statewide Policies:
The State of Colorado has recognized the importance of private efforts toward
the preservation of natural systems in the State by the enactment of C.R.S.
§§38-30.5-101 et seq. C.R.S. § 33-1-101, provides in relevant part that "it is
the policy of the state of Colorado that the wildlife and their environment are
to be protected, preserved, enhanced, and managed for the use, benefit, and
enjoyment of the people of this state and its visitors." C.R.S. § 38-30.5-102
provides for the creation of conservation easements to maintain land "in a
natural, scenic, or open condition, or for wildlife habitat, or for agricultural,
horticultural, wetlands, recreational, forest or other use or condition consistent
with the protection of open land . . ."
The Property contains significant sagebrush habitat, therefore conservation of
the Property is further promoted by the Colorado Division of Parks and
Wildlife's (CPW) November 2006 Comprehensive Wildlife Conservation
Strategy and Wildlife Action Plans, which designates sagebrush as a Key
Habitat and Priority Action Area.
o Significant Public Benefit. The Property is located in a rural, agricultural,
mountainous area of Pitkin County, where there is a foreseeable trend of intense
development in the vicinity of the Property in the near future. The City of Aspen
3
lies less than one mile from the Property. There is a strong likelihood that the
permitted development of the Property would contribute to degradation of the
scenic and natural character of the area. Preservation of the Property wi11
continue to provide an opportunity for the general public to appreciate its scenic
values, as described above and provide connectivity between neighboring
conserved and public lands and the Roaring Fork River corridor.
These Conservation Values are of great importance to Grantors, the Trust, the residents
of Pitkin County, and the State of Colorada
WHEREAS, Grantors intend, as owners of the Property, to convey to the to the Co-
Grantees the right to preserve and protect the Conservation Values of the Property in perpetuity
and the Co-Grantees agree by accepting this grant to honor the intentions of Grantors stated
herein and to preserve and protect in perpetuity the Conservation Values of the Property for the
benefit of this generation and the generations to come;
WHEREAS,the Trust is a charitable organization as described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code") and is a publicly-supported
organization as described in Section 170(b)(1)(A) of the Code whose primary purpose is to
preserve and protect the natural; scenic, agricultural, historical, and open space resources of the
greater Roaring Fork and Colorado River Valleys, including the area in which the Property is
located, by assisting landowners wha wish to protect their land in perpetuity, and is a "qualified
organization" to do so within the meaning of Section 170(h)(3) of the Code, possessing the
resources and commitment to protect and defend the conservation purposes of this grant and
Conservation Values identified herein; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept conservation easements on behalf of
the Trust and the Board of County Commissioners of Pitkin County, Colorado that is a body
corporate and politic and is duly authorized to execute and accept the Easement.
AGREEMENT
NOW, THEREFORE, in consideration of the matters above, the mutual covenants,
terms, conditions and restrictions contained herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Grant
Grantors hereby voluntarily and irrevocably grants and conveys to the Co-Grantees a
perpetual Conservation Easement in Gross ("Easement"), pursuant to C.R.S. §§ 38-30.5-101 et
seq., through the terms mutually agreed to in this Easement, consisting of the rights and
restrictions enumerated herein, over and across the Property, to hold said Easement unto the Co-
Grantees and their successors and assigns forever. The Easement shall constitute a binding
servitude upon the Property and shall be subject to prior reservations, easements, encumbrances
and exceptions of record, except as otherwise set forth herein.
4
2. Purposes
Pursuant to the terms of C.R.S. §§ 38-30.5-101 et seq., the purposes of the Easement are
to assure that the Property will remain forever predominantly in its scenic, natural and open
space condition, subject to the uses of the Property permitted hereunder, to protect and preserve
the Conservation Values of the Property in perpetuity, to prevent any use of the Property that is
not inconsistent with the preservation and protection of the Conservation Values of the Property
and, in the event of their degradation or destruction, to restore such Conservation Values of the
Property (the "Purposes"). The primary purpose of this Easement is to preserve and protect the
important and healthy sagebrush community in its undisturbed state and sscondarily to maintain
the important ridgeline bluff as undeveloped scenic open space.
3. Intent
Subject to the express prol�ibitions below, the intent of the Parties is to permit ali uses of
the Property that are consistent with the Purposes of the Easement as determined jointly by the
Co-Grantees in their sole discretion in accordance with the terms and conditions contained
herein. Nothing in this Easement is intended to compel a specific use of the Property other than
the preservation and protection of the Conservation Valnes.
4. Baseline Documentation
Co-Grantees and Grantors acknowledge that a Baseline Inventory & Present Condition
Report: Red Butte Ranch Conservation Easement (hereinafter `Baseline Documentation")
documenting the Conservation Values and relevant features af the Property has been prepared on
November 8, 2010 and updated on April 4, 2012, by Colorado Wildlife Science, LLC, a
company familiar with conservation easements, the Property, and the environs, and is on file
with the Parties. Co-Grantees and Grantors acknowledge and agree that by the execution of this
Easement, they are hereby approving, acknowledging, and accepting the Baseline
Documentation as an accurate representation of the condition of the Property at the time of this
grant. Co-Grantees and Grantors agree that the Baseline Documentation is not intended to
preclude the use of other evidence to establish the present condition of the Property should a
controversy arise over its use. The Baseline Documentation also contains management
recommendations and relevant information that shall be considered by the Trust in determining
the consistency of certain proposed uses or activities not explicitly described herein.
5. Rights of the Co-Grantees
To accomplish the Purposes of the Easement, Grantors convey a real property interest in
the Property to the Co-Grantees (as stipulated in Section 14.3) and appoint Trust as Lead Agency
for this Easement. As such, Trust shall be responsible for annual monitoring visits to the
Property, maintenance of baseline information and stewardship fiies, and receiving Grantor
notices and requests for approval under the Easement, which notices and requests shall be
reviewed jointIy by the Co-Grantees. This Easement shall be co-held by Prtkin County, and the
respective roles and rights of each Co-Grantee shall be described in the co-holder agreement
dated October 27, 2010, and as may be amended and periodically updated by the Co-Grantees.
5
Upon mutual agreement of all Parties, Trust may reassign Pitkin County as the Lead Agency. If,
at any time, the Lead Agency is unable to perform these duties, the Co-Grantee may assume
these duties. Notwithstanding the forgoing, Grantors convey the following additional rights to
the Co-Grantees in support of the Purposes of this Easement:
5.1. The right to preserve and protect the Conservation Values of the Property in
perpetuity;
5.2. The right to enter upon the Property at least annually at reasonable times agreed to
mutually by Grantors and the Co-Grantees to inspect the Property thoroughly, to monitor
Grantors' compliance with, and otherwise enforce the terms of this Easement; provided
that such entry shall not unreasonably interfere with Grantors' use and quiet enjoyment of
the Property, with the exception that no such notice shall be required in the event the Co-
Grantees reasonably believe that immediate entry upon the Property is essential to
prevent or mitigate a violation of the Easement;
5.3. The right to prevent or enjoin any activiTy on or use of the Property that is
inconsistent with the Purposes of the Easement, and the right to require Grantors or third
parties, as may be responsible, to restore such areas or features of the Property that are
damaged by any inconsistent activity or use, subject to the qualifications of Section 13.5
herein;
5.4. Any other rights that the Parties may mutually approve consistent with the
Purposes of the Easement and the preservation and protection of the Conservation
Values, including adding additional purposes or defining additional Conservation Values;
and
5.5.� The right to receive notification from and join Grantors as a party to any damage
agreements or rights-of-way that may be proposed, granted or required hereafter as a
result of condemnation or eminent domain proceedings.
6. Rights of Grantors
Except as limited by this Easement, and specifically by Section 7 below, Grantors reserve
to themselves and to their personal representatives, heirs, successors, and assigns, all rights and
obligations accruing from its ownership of the Property, including the right to engage in
activities and uses of the Property not prohibited herein that are consistent with the Purposes of
the Easement, pursuant to Section 170(h)(3) of the Code and C.R.S. § 38-30.5-102. Grantors
shall have the right to allow their guests and invitees to use the Property as permitted hereby.
7. Prohibited and Permitted Uses
The following uses and practices by Grantors, though not an exhaustive recital, are either
prohibited or permitted by this Easement. Certain of these uses, where indicated, require notice
to or approval from the Co-Grantees, or both, according to the procedures described in Sections
10 and 11 herein. Co-Grantees prior notice and approval is required for uses not expressly
6
described herein when there is a question as to consistency with the Purposes of this Easement.
The Parties recognize that notwithstanding certain rights contained herein, there may be
additional restrictions imposed on the use of the Property pursuant to the terms of the Resolution
and in the event of any conflict between the terms of the Resolution and the terms of this
Easement,the terms which are more restrictive shall be given effect.
7.1. Improvements. The construction, improvement, relocation or replacement
improvements (defined as permanent or temporary buildings, structures,mobile homes or
other physical, human-introduced development of or on the Property, including
landscaping, fences, roads, septic systems, utilities, etc.) are prohibited on the Property,
except as follows:
A. Fencin . Grantors may erect, replace, repair or improve perimeter fencing on the
Property, though not around the portion of the individual lots within the Property,
provided such fencing is consistent with then-current Colorado Division of Wildlife
guidelines for fencing in a wildlife migration area so as to permit the flow of wildlife
onto and across the Property.
Privacy fencing and the planting of trees or other vegetation along Property
boundaries that detrimentally affects the general public's visual access to and across
the Property is prohibited;
B. Trails. The development and use of unimproved, natural-surfaced trails for
horseback riding and other non-motorized uses on the Property are permitted,
provided new trails are designed, located, and used in a manner to minimize erosion
and disturbance to the Property's wildlife and scenic values. It is specifically agreed
that Grantors may continue to use existing equestrian and hiking trails located on the
Property and particularly, without limitation, the existing trail running to the Rio
Grande Trail from the southerly boundary of the Property and the existing trail within
Lot 1 to access rock climbing areas;
C. Recreational Structures. Picnic tables, benches, fire pits, temporary carnping
accommodations, natural or temporary equestrian obstacles and other temporary or
portable and self-contained recreational structures are permitted on the Property;
D. Utilities and Technolo�v. The granting of easements or rights-of-way for, and the
installation or construction of, any utilities or other technology infrastructure on the
Property is prohibited, except as permitted by easements and rights-of-way in
existence prior to the grant of the this Easement, and as follows:
i. Alternative Energy Technolo�ies. Wind-powered electric generators, solar
collectors, fuel cells, and other energy-generating technologies may be installed
on the Property as approved by the Co-Grantees, which approval is not required if
the technology and its infrastructure are self-contained or portable, for use on the
Property (such as windmills and fence-mounted solar panels), do not result in new
road construction and are camouflaged or have little or no visual impact from
7
public rights-of-way. Commercial use of wind farms or solaz arrays, or the
connection of such amenities to the power grid, requires the Co-Grantees prior
approval; and
ii. Other Utilities. The installation of domestic and agricultural water wells and
pumps is permitted anywhere on the Property. The installation of other
technology infrastructure, such as cell phone towers and other communication or
network structures, facilities, devices, equipment, or related materials, must be
approved by the Co-Grantees, unless such amenities have no surface impact to the
Property, are self-contained or portable, and are camouflaged or not visible from
public rights-of-way.
7.2. Resource Management. Grantors recognize the importance of good resource
management and stewardship to preserve and protect the Conservation Values of the
Property. Accordingly, Grantors agree not to alter the topography of the Property
through placement or removal of soil, gravel, land fill, or other materials nor to alter,
disturb, or impair the relatively natural habitat for native plants, wildlife, or simiiar
ecosystems within and upon the Property, except: (a) as necessary in emergencies,
including for fire control and prevention; (b) as approved by the Co-Grantees for habitat
enhancement or restoration purposes; (c) as specifically permitted for improvements
described in Section 6.1 above; (d) as required by the Resolution and SIA; and (e) as
permitted or prohibited.below for the Property:
A. Agriculture: Agricultural uses and operations prohibited by this Easement include
(a) grazing or keeping of horses and livestock, and (b) raising of crops, including tree
farms, nurseries, or sod farms. Habitat restoration activities required by the
Resolution and SIA are expressly permitted as described in Section E below;
B. Off-Road Vehicle Use. Off-road use o£motorized vehicles is prohibited, except in
emergencies and for property maintenance, including setting of Nordic ski tracks, and
agriculture;
C. Huntin�. Hunting on the Property may be permitted or prohibited at Grantors'
discretion and according to Colorado Division of Wildlife regulations and other
pertinent federal, state and local laws and regulations;
D. Trash. Grantors shall not dump, permanently accumulate, or dispose of trash,
garbage, or other hazardous or unsightly refuse on the Property, except for
compostable matter produced or used on the Property;
E. Vegetation Mana e�ment. Native vegetation on the Property may be cut, thinned
or burned on a limited and localized basis as that phrase is used by Section 1.170A-
14(g) of Treasury Regulations to control insects, fire and disease; to prevent personal
injury and property damage; or to otherwise maintain the character or health of the
wildlife habitat or ecosystem, and as may be otherwise required or permitted by the
Resolution and the SIA and as may be recommended in the Baseline Documentation.
8
The Co-Grantees approval sha11 be required for removal or alternation of vegetation
for commercial purposes, or for such activities performed on more than a limited and
localized basis not otherwise consistent with the Resolution, SIA or Baseline
Documentation, which approval may be contingent upon consultation with the CPW,
NRCS or other qualified biologist or forester in order to preserve and protect the
Conservation Values. The Co-Grantees may request, at the Parties' shared expense °
(or at Grantors' expense if for commercial purposes), a vegetation management plan
prepared by such qualified third party to guide management activities.
F. Weed Control. Grantors agree to make a good faith effort to control noxious
weeds and invasive plant species on the Property in accordance with federal, state and
local laws and regulations, and shall not intentionally introduce noxious weeds or
other invasive species to the Property;
G. Minerals. At the time of granting the Easement, Grantors own all of the mineral
rights associated with the Property, subject to patent reservations of the right of a
proprietor of a vein or lode to extract and remove ore should the same be found to
intersect the Property. Grantors sha11 not lease, sever or separate the ownership of
such rights from the Property, nor explore for, develop, mine or otherwise extract any
minerals, coal, peat, sand, gravel, rock, soil; geo-thermal resources, oil, oil shale,
natural gas or other hydrocarbons from on or below the Property;
H. Water Resources. Grantors retains the right to construct, maintain and improve
agricultural ditches, irrigation pipelines, stock ponds, and domestic or agricultural
wells, without further permission from the Co-Grantees, provided such construction
and maintenance is in compliance with local, state, and federal rules and regulations.
Other water features, ponds, fountains or improvements not directly related to or
required by the agricultural use of the Property are prohibited, unless otherwise
approved by the Co-Grantees and consistent with Section 7.2.I below; and
I. Water Ri ts. There are no water rights included in or encumbered by this
Easement.
7.3. Other Restricted Uses and Practices.
A. Subdivision and Mer�er. Portions of the Property are located within the parcels
shown on the Plat and labeled respectively as the Open Space Parcel and Lots 1,2,3,4
and 5. Grantors may not divide or subdivide (including de facto subdivision) the
Property from the Lots in which its portions are located, except that provided all
required local land use approvals are obtained from Pitkin Cou.nty, Grantors may (i)
create a separate parcel or parcels dividing the Property from the lots or parcels in
which its portions are contained; and (ii) in the event Grantors desire to revise the lot
lines of the lots and parcels shown on the Plat, including, without limitation, lot line
adjustments, re-subdivision or merger of subdivided pazcels, such revisions shall be
permitted provided that the location of the Property is not changed and the ownership
9
and conveyance of the Property sha11 be subject to the terms and conditions of this
Easement.
B. Commercial and Industrial Activities. Grantors sha11 not conduct industrial
activity or any more than de minimis commercial recreational activity on the Property
pursuant to Section 2031(c) of the Code.
C. Recreation. Private, non-motorized recreational uses such as hiking, horseback
riding, mountain biking, cross-country skiing, rock climbing, hunting, and camping
are permitted on the Property, except that recreational use of the area of the Property
known as the Dollard Rock Outcropping (also known as Dollard Outcrop Hill) and
areas within the Property to the north and west of it, as shown on E�chibit C as the
"No Winter Recreational Area," sha11 not be permitted from November 1 through
Apri131, unless otherwise approved by the Co-Grantees. From May through October,
low-impact recreational activities (defined as having no or negligible surface impact
on the Property and not damaging to the Conservation Values) such as hiking and
horseback riding are allowed on Dollard Rock Outcropping and in the area
immediately to the north and west; however, recreational uses of Dollard Rock
Outcropping shall be limited to existing trails only and removal of native vegetation
from Dollard Rock Outcropping is prohibited. Use of a11-terrain vehicles and
snowmobiles are prohibited unless necessary for property management, setting track
for cross country skiing, habitat restoration work or as may be otherwise permitted if
consistent with the Baseline Documentation.
8. Access
By terms of this Easement, Grantors do not afford the public any more than visual access
to any portion of the Property, although Grantors may permit public access to the Property on
such terms and conditions as it deems appropriate, provided that such access is not inconsistent
with the terms of this Easement. Grantors must ensure that any grant of public access is
consistent with Colorado's recreational use statute C.R.S. § 33-41-101, et seq. and provides
indemnity to Grantors and the Co-Grantees for the public's access to and use of the Property.
9. Representations and Warranties
Grantors represent and warrant that,to its knowledge without duty of inquiry:
9.1. No substance defined, listed, or otherwise classified pursuant to any federal, state,
or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise or
threatening to human health or the environment exists or has been used or released on the
Property;
9.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in
compliance with applicable laws,regulations, and requirements;
10
9.3. Grantors and the Property are in compliance with all federal, state, and local Iaws,
regulations, and requirements applicable to the Property and its use and there is no
existing, pending or threatened litigation in any way affecting, involving, or relating to
the Property;
9.4. Grantors have good and sufficient title to the Property and has Iawful authority to
grant and convey the Easement, that any mortgages or liens on the Property aze
subordinate to the terms of this Easement, and that Grantors shall warrant and forever
defend the title to the Easement against all and every person or persons lawfully claiming
by, through or under Grantors, the whole or any part thereof, except for rights-of-way,
easements, restrictions, covenants and mineral reservations of record.
10. Notice of Intention to Undertake Certain Permitted Actions
The purpose of requiring Grantors to notify the Co-Grantees before undertaking certain
activities or uses, as identified in Section 7 or elsewhere herein, is to afford the Co-Grantees an
opportunity to update its records and, if approval is required, to ensure that the activities or uses
in question are not inconsistent with the terms of this Easement. Grantors shall also notice Co-
Grantees and seek their approval for proposed activities or uses when there is a question as to
consistency with the Purposes of the Easement. Whenever notice and the Co-Grantees approval,
as described in Section 11 below, are required, Grantors shall notify the Co-Grantees in writing
not less than 60 days prior to the date Grantors intend to undertake the activity or use in question,
unless the Parties agree otherwise, and describe the nature, scope, design, location, timetable,
and any other material aspect of the proposed activity or use in sufficient detail to permit the Co-
Grantees to make an informed judgment as to the activity or use's consistency with the terms and
Purposes of this Easement. Whenever notice is required without the Co-Grantees approval,
Grantors sha11 notify the Co-Grantees in writing not less than 30 days in advance of the proposed
activity or use.
11. The Co-Grantees Approval
Whenever this Easement requires that Grantors obtain the Co-Grantees' approval for an
activity or use of the Property, or if Grantors request approval for an activity or use not clearly
consistent with the terms or Purposes of the Easement, such approval shall be given in the Co-
Grantees' sole discretion, according to whether the Ca-Grantees determine that such activity will
not damage the Conservation Values, which burden of proof lies with the Grantors. The Co-
Grantees' approval may be withheld in its sole discretion if the Co-Grantees determine that the
proposed activity would damage the Conservation Values or be otherwise inconsistent with the
terms and Purposes of this Easement. The Co-Grantees shall set forth their aetermination, and
the reason(s) for the determination, in writing to Grantors within 30 days of receipt of Grantors'
written notice and request for approval (as described in Section 10, above). In the event the Co-
Grantees shouId withhold their approval, they may also specify to Grantors any modifications to
the request that might render the request consistent with the terms and Purposes of the Easement.
11
12. Co-Grantees' Remedies: Enforcement
The Co-Grantees shall have the right to prevent and correct or require correction of
violations of the terms and Purposes of this Easement. The Co-Grantees are not required to
monitor for or enforce violations of local, state or federal laws, codes, or regulations, or third
party contracts affecting the Property, though the Co-Grantees reserve the right to pursue
enforcement of any such violations that may damage the Conservation Values, or be inconsistent
with the Purposes or terms of this Easement.
If the Co-Grantees find what it believes is a violation, or a threat of a vioiation, the Trust
sha11 notify Grantors of the nature of the alleged violation. Upon receipt of this notice, Grantors
sha11 immediately discontinue any activity that could increase or expand the alleged violation
and shall either: (a)restore the Property within 60 days as is best possible to its condition prior to
the violation in accordance with a plan approved by the Trust, or if immediate restoration is not
possible, Grantors sha11 submit such plan to the Trust within 60 days; or (b) provide a written
explanation to the Trust of the reason why the alleged violation should be permitted. If the Trust
is not satisfied with Grantors' written explanation, the Parties agree to meet as soon as possible
to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, the
Parties agree to attempt to resolve the dispute pursuant to Section 12.1,below.
At any time, including if Grantors do not immediately discontinue any activity that could
increase or expand the alZeged violation while the Parties are attempting to resolve the alleged
violation, or if the Trust believes an ongoing, imminent, or threatened activity violates the
Easement, the Trust may take immediate, appropriate legal action to stop the activity, without
prior notice to Grantors; without waiting for the period provided for cure to expire; and without
waiting for the 60-day mediation period to expire. The Trust may bring an action at law or in
equity, ex parte as necessary, in a court of jurisdiction, to enforce the terms of this Easement and
to enjoin by temporary or pertnanent injunction a violation, which may require restoration of the
Property to the condition that existed prior to the violation. The Trust's remedies described herein
shall be in addition to al1 remedies now or hereafter existing at law or in equity, and shall
include, without limitation, the right to recover damages for violation of the terms of this
Easement or injury to the Conservation Values including damages for the loss of scenic,
aesthetic, or environmental values. Without limiting Grantors' liability therefore, the Trust, in its
sole discretion, may apply any damages recovered to the cost of undertaking any restorative,
remediai, corrective action on the Property.
Enforcement of the terms of this Easement shall be at the sole discretion of the Co-
Grantees, and any forbearance by the Co-Grantees to exercise their rights under this Easement in
the event of any breach of any term of this Easement by Grantors shall not be deemed or
construed to be a waiver by the Co-Grantees of such term or any subsequent breach of the same
or any other term of this Easement or of any of the Co-Grantees' rights under this Easement. No
delay or omission by the Co-Grantees in the exercise of any right or remedy upon any breach by
Grantars shall impair such right or remedy or be construed as a waiver. The failure of the Co-
Grantees to discover a violation or to take immediate legal action shall not bar the Co-Grantees
from doing so within four years from the date upon which the violation is discovered.
12
All reasonable costs incurred by the Co-Grantees in enforcing the terms of this Easement,
including, without limitation, costs and expenses of pursuing legal action and reasonable
attorney's fees, and any costs of restoration necessitated by a Grantor's violation of the terms of
this Easement, shall be borne by said Grantor unless (1) Grantor ultirnately prevails in a judicial
enforcement action, in which case each Party shall bear its own costs; or(2),unless a court finds
that one or both of the Co-Grantees acted in bad faith in seeking enforcement thereof, in which
case, whichever one, or both, of the Co-Grantees found to have acted in bad faith shall pay
Grantor's court-awarded costs and attorney fees.
12.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed use or activity with the terms of this Easement, and Grantor agrees not to
proceed with the use or activity pending resolution of the dispute, either Party may refer
the dispute to mediation by written request upon the other. Within 10 days of the receipt
� of such request, the Parties shall select a trained and impartial mediator with experience
in easements and other land preservation tools. If the Parties are unable to agree on a
mediator, then the Parties shall each select a mediator with experience in conservation
easements and other land preservation tools, and those two mediators shali select a
mediator who shall alone mediate the dispute. Mediation sha11 then proceed in
accordance with the following guidelines:
A. Purpose. The purpose of the mediation is to: (i) promote discussion between the
Parties; (ii) assist the Parties to develop and exchange pertinent information
concerning the issues in dispute; and (iii) assist the Parties to develop proposals
which will enable them to arrive at a mutually acceptable resolution of the
controversy. The mediation is not intended to result in any express or de facto
modification or amendment of the terms, conditions, or restrictions of this Easement;
B. Participation. The mediator may meet with the Parties and their counsel jointly or
ex parte. The Parties agree that they will participate in the mediation process in good
faith and expeditiously, except in cases when the Co-Grantees believe that
Conservation Values are continuing to be harmed during the mediation process, in
which case the Co-Grantees can suspend its involvement in the mediation to remedy
this threat of ongoing violation. Representatives of the Parties with settlement
authority will attend mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of the
Parties or their respective counsel. The mediator shall not be subject to subpoena by
any Party in any subsequent litigation;
D. Time Period. Neither Party shall be obligated to continue the mediation process
beyond a period of 60 days from the date of receipt of the initial request or if the
" mediatar concludes that there is no reasonable likelihood that continuing mediation
will result in a mutually agreeable resolution of the dispute. The Parties shall equally
share and each bear 50% of the mediator's fees.
13
13. Costs,Liabilities,Taxes, and Environmental Compliance
13.1. Costs Le�a1 Rec�uirements and Liabilities. Grantors retain all responsibilities and
obligations and shall bear a11 costs and liabilities af any kind related to the ownership,
operation, upkeep, and maintenance of the Property, including the payment of property
and other taxes related to the Property, and maintenance of Iiability insurance coverage.
Grantors shall make best efforts to keep the Property free of any liens arising out of any
work performed for, materials furnished to, or obligations incurred by Grantors. Nothing
in this Easement sha11 be construed or interpreted as prohibiting Grantors from obtaining
loans secured by deeds of trust encumbering the Property, provided any such deeds of
trust are subordinate to this Easement;
13.2. Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability of the Co-Grantees to exercise
physical or managerial control over the day-to-day operations of the Property, or over any
of Grantors' activities on the Property, or otherwise to become an operator with respect to
the Property within the meaning of The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended ("CERCLA"), and any Colorado
state law counterpart;
13.3. Hold Harmless. Grantors shall hold harmless, indemnify and defend the Co-
Grantees and their members, directors, officers, employees, agents, and contractors and
the heirs, personal representatives, successors, and assigns of each of them (collectively,
the "Co-Grantees Parties") from and against all liabilities, including, without limitation,
court awarded third-party attorneys' fees, arising from or in any way connected with: (a)
injury to or the death of any person, or damage to property, occurring on or about the
Property, unless and to the extent such injury, death, or damage was caused by the wiilful
and wanton act (as defined by C.R.S. §13-21-102(1)(b)) or omission of any of the Co-
Grantees Parties; (b)the violation or alleged violation of, or other failure to comply with,
any state, federal, or local law, regulation, or requirement, including, without limitation,
CERCLA, by any person other than any of the Co-Grantees Parties, in any way affecting,
involving, or relating to the Property; (c) the presence or release of hazardous or toxic
substances in, on, from, or under the Property at any time, of any substance now or
hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating
to the air, water, or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Co-Grantees Parties; (d) payment of
taxes imposed upon or incurred by the Property as a result of this Easement, including
property; (e) t� benefits or consequences of any kind which result or do not result from
entering into this Easement; and(fl the representations and warranties described herein.
13.4. Waiver of Certain Defenses. No action shall be commenced or maintained to
enforce the terms of any building restriction described in this Easement, or to compel the
removal of any building or improvement, unless said action is commenced within four
years from the date of discovery of the violation for which the action is sought to be
brought or maintained. To the extent that any defense available to Grantors pursuant to
14
C.R.S. §38-41-119 is inconsistent with the foregoing, Grantors waive that defense.
Grantors waive the defenses of laches, estoppel and prescription with regard to the
enforcement of all other terms of this Easement; and
13.5. Acts Bevond Grantors' Control. Nothing contained in this Easement shall be
construed to entitle the Co-Grantees to�ring any action against Grantors for any injury to
or change in the Property resulting from causes beyond Grantors' control or from any
prudent action taken by Grantors under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes. Grantors are not
responsible for acts of third parties not authorized to access the Property, but shali be
responsible for all third parties including guests or invitees, authorized by Grantors to
access the Property. The Co-Grantees retain the right to enforce the terms of this
Easement against third parties for violations of the Easement or damage to the Property.
14. Extinguishment and Condemnation
14.1. Extinguishment. The Parties agree that any changes in the economic viability of
the uses permitted or prohibited by this Easement, or changes to neighboring land and its
use shall not be deemed circumstances justifying the termination or extinguishment of the
Easement. In addition, the inability of Grantors, or Grantors' heirs, successors or assigns,
to implement any or all of the uses permitted under this Easement shall not impair the
validity of the Easement, or be considered grounds for termination or extinguishment of
this Easement.
If circumstances arise in the future that render the Purposes of this Easement
impossible to accomplish,the Easement can only be terminated or extinguished, in whole
or in part, by judicial proceedings in a court of competent jurisdiction after the court has
explored all options for importing other purposes for the Easement pursuant to the cy pres
doctrine. Each Party shall promptly notify the other when it first learns of such
circumstances. The amount of the proceeds to which the Co-Grantees shall be entitled,
after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion
vf all or any portion of the Property subsequent to such termination, shall be determined,
unless otherwise provided by Colorado law at the time, in accordance with the Proceeds
paragraph below, and such proceeds shall be used by the Co-Grantees in a manner
consistent with the conservation Purposes of the original Easement contribution, as
required by §1.170A-14(g}(6)(i)of Treasury Regulations;
14.2. Condemnation. If all or any part of the Property is taken by exercise of the power
of eminent domain or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate the Easement in whole or in part,
- Grantors and the Co-Grantees shall act jointly to recover the full value of the interests in
the Property subject to the taking or in-lieu purchase and all damages resulting therefrom.
All expenses reasonably incurred by Grantors and the Co-Grantees in connection with the
taking or in-lieu purchase shall be paid out of the amount recovered. The Co-Grantees
share of the balance of the amount recovered shall be detertnined by multiplying that
balance by the percentage set forth in Proceeds paragraph below;
15
�_ � _. � ..��.. -
14.3. Proceeds. Grantors and the Co-Grantees stipulate that as of the date of this
Easement, they are each vested with a real property interest in the Property. The Parties
further stipulate that the Co-Grantees' interest in the Easement has a value of one percent
(1%) of the fair market value of the Property from this date forward, and such percentage
interest sha11 remain constant in relation to any future fair market value of the Property.
Such percentage interest shall be used only for determining the Co-Grantees' proportion
of proceeds from any payment of damages or action resulting from circumstances
described in the Extinguishment and Condemnation paragraphs above. The Parties agree
that the value of any improvements to the Property made by Grantors after the date of this
Easement is reserved to Grantors.
15. Assignment
In the event one of the Co-Grantees is no longer able to carry out its duties and
obligations under this Easement, or if circumstances change so that the other Co-Grantee is
better able to carry out such duties and obligations, either Co-Grantee may, upon mutual
agreement of the Parties, elect to transfer and assign its rights and obligations under this
Easement solely to the other Co-Grantee. Should the Parties not agree, or if otherwise necessary
or appropriate, the Co-Grantees may jointly elect to transfer and assign this Easement to another
qualified land conservation organization, provided that organization is (a) a qualified
organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986,
as amended (or any successor provision then applicable), anci the applicable regulations
promulgated thereunder; (b) authorized to acquire and hold conservation easements under
Colorado law; and (c) charged with a mission similar to that of the Co-Grantees. As a condition
of such transfer, the Co-Grantees shall require the assignee to expressly agree, in writing, to
carry out and uphold the Purposes of the Easement and otherwise assume all of the obligations
and liabilities of the Co-Grantee who has assigned its rights set forth herein or created hereby.
After such transfer, the Co-Grantee that has assigned its rights sha11 have no further obligation or
liability under this Easement. The Transfer Notice shall provide that Grantors' shall have the
right to object to the assignee by providing a notice of objection (the "Notice of Objection")
given not later than thirty (30) days after the Co-Grantees have given the Transfer Notice to
Grantors. The failure to give a Notice of Objection within the time provided shall be deemed an
approval of the assignee. If after consultation regarding the notice of objection,the Parties fail to
mutually agree upon a qualified assignee within 30 days of Grantors' notice of objection,the Co-
Grantee who is assigning its rights shall assign such rights to a willing and qualified holder upon
written notice to Grantors. Should the Co-Grantee(s)be unable to assign said rights according to
this procedure, then a court with competent jurisdiction shall assign the Easement to a qualified
organization.
16. Subsequent Transfers
Grantors agree to notify any party who may purchase, lease, or otherwise hold interest in
this Property of the existence and terms of this Easement, and to provide a copy of the Easement
and the Baseli�e Documentation to such party if requested. Grantors further agree to give notice
to the Trust of the transfer of any such interest prior to transfer. The Trust shall be available for
16
and welcome the opportunity to meet with any prospective buyers or transferees of the Property
to explain the terms of this Easement to potential new owners prior to or after sale closing, or to
answer any questions or concerns related to this Easement, or any of its supporting
documentation, including the Baseline Documentation.
In addition, at any time Grantors or Grantor transfer the Froperty to a third party (except
for Grantors' affiliates and family members and direct descendants of any Grantor), that party .
shall pay a fee of $100.00 to the Trust or the then-Lead Agency to cover administrative costs
associated with the transfer as well as put the third party purchaser on notice of the terms of this
Easement. The failure of Grantors to perform any act required by this paragraph sha11 not impair
the validity of this Easement or limit enforceability in any way.
17. Notices
Any communication that either Party desires or is required to give to the other shall be in
writing and served personally or sent by first class mail, certified, with return receipt, postage
prepaid, addressed as follows or to such other address as either party from time to time shall
designate by written notice to the other:
To Grantors: At the address shown at the beginning of this document.
To the Trust(as Lead Agency): Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
To Pitkin County: Pitkin County Board of County Commissioners
c/o Pitkin County Open Space and Trails
530 E. Main Street, 3`d Floor
Aspen, CO 81611
Phone: 970-920-5203
Fa�c: 970 920-5198
With a copy to: Pitkin County Attorney
530 E. Main Street
Aspen, CO 81611
18. Recordation
The Trust, as Lead Agency, shall record this instrument in timely fashion in the official
records of Pitkin County, Colorado and may re-record it at any time as may be required to
preserve its rights in this Easement.
19. Amendment
If circumstances arise under which an amendment to this Easement would be appropriate to
promote the Purposes of the Easement, Grantors and the Co-Grantees may jointly amend this
Easement. However, the Co-Grantees are under no obligation to amend this Easement, and may
17
decline any amendment in its sole discretion. Any amendment must be consistent with, and
protect and preserve, the Purposes of the Easement and the Conservation Values and may not
affect the Easement's perpetual duration. Any amendment must be in writing, signed by all the
Parties, and recorded in the records of the Clerk and Recorder of the appropriate Coiorado
County. Corrections to correct factual mistakes or typographical or clerical errors may be made
at the discretion of the Co-Grantees. No amendment shall be allowed that affects the
qualification of this Easement or the status of the Co-Grantees under any applicable laws,
including C.R.S. Section 38-30.5-101, et seq., or Section 170(h) of the Code or any regulations
promulgated thereunder. No amendment shall be permitted that will confer a private benefit to
any Grantor or any other individual or entity (see IRS Reg. 1.170A-14(h)(3)(i)) greater than the
benefit to the general public, or that will result in private inurement to a Board member, staff or
contract employee of the Co-Grantees (see IRS Reg. 1.501(c)(3)-1(c)(2)).
20. Subordination
The Property is not subject to any mortgages or liens.
21. General Provisions
21.1. Definitions. The terms "Grantors", "Grantor", "Pitkin County", "the Trust," and
"Co-Grantees" wherever used herein, and any pronouns used in place of those terms,
shall refer to,respectively, Grantors(or where"Grantor" is used to an individual Grantor)
and its/their heirs, personal representatives, executors, administrators, suceessors and
assigns, and the Trust, its successors and assigns and Pitkin County, its successors and
assigns. The term "Property," wherever used herein shall refer to the land described in
Exhibit A. The terms "Easement", "Deed of Conservation Easement," and "Conservation
Easement in Gross" refer to the immediately vested interest in real property defined by
Colorado Revised Statutes §§ 38-30.5-101 et seq., and this legal document, consisting of
the rights and restrictions enumerated herein,by which said Easement is granted.
21.2. Controlling Law. The interpretation and performance of this Easement sha11 be
governed by the laws of the State of Colorado;
21.3. Liberal Construction. This Easement shall be liberally construed in favor of the
grant to effect the Purposes of the Easement and the policy and purpose of C.R.S. §38-
30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with ensuring continuation of the Purposes of the Easement that
would render the provision valid shall be favored over any interpretation that would
render it invalid. The common law rules of disfavoring restrictions on the use of real
property and construing restrictions in favor of the free and unrestricted use of real
property shall not apply to interpretations of this Easement or to disputes between the
Parties concerning the meaning of particular provisions of this Easement;
21.4. Severabilitv. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement shall be deemed severable and remain in full force and effect;
18
21.5. Entire Agreement. This instrument sets forth the entire agreement between the
Parties with respect to the Easement and supersedes a11 prior discussions, negotiations,
understandings, or agreements relating to the Easement, ail of which are merged herein;
21.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect;
21.7. Joint and Several Obli a�, tion. The obligations imposed by this Easement upon
Grantors shall be joint and several. If the Property's ownership is by a single entity
consisting of multiple parties including shareholders, partners, or members, that entity is
required to notify its shareholders, partners, or members of the entity's and their
individual rights and responsibilities, including any monetary or other obligations set
forth in this Easement. Grantors sha11 provide a copy of such notice at any time upon the
Co-Grantees' request;
21.8. Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties hereto and Grantors'
respective personal representatives, heirs, successors, transferees, and assigns, and the
Co-Grantees' successors, transferees, and assigns, and shall continue as a servitude
running in perpetuity with the Property;
21.9. Termination of Rig�its and Obli at� ions. A Party's rights and obligations under this
Easement terminate upon transfer of the Party's interest in the Easement or the Property,
except that liability for acts or omissions occurring prior to transfer sha11 survive transfer;
21.10. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation;
2111. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart
shall be deemed an original instrument as against any Party who has signed it. In the
event of any disparity between the counterparts produced, the recorded counterpart shall
be controlling;
21.12. Mer�er. Unless the Parties expressly state that they intend a merger of estates or
interests to occur, no merger sha11 be deemed to have occurred hereunder or under any
document executed in the future affecting this Easement;
21.13. Authoritv to Execute. Each party represents to the other that such party has full
power and authority to execute and deliver this Deed of Conservation Easement, and
perform its obligations under this Easement, that the individual executing this Easement
on behalf of said party is fully empowered and authorized to do so, and that this
Easement constitutes a valid and legally binding obligation of said party enforceable
against said party in accordance with its terms; and
19
21.14. Development Ri ts. Grantors hereby grant to the Co-Grantees a11 development
rights associated with the Property, except for the particular development rights expressly
reserved by Grantors in this Easement, or as otherwise permitted by this Easement, and
except for any available TDRs allocated to the Property in the future (which shall,
nevertheless, be used consistently with the other provisions of this Easement); for the
limited purpose of ensuring that such development rights are forever terminated and
extinguished and may not be used on or transferred off of the Property by Grantors or the
Co-Grantees or any other parly,to any other properly, adjacent or otherwise.
SIGNATURES ON NEXT PAGES
20
IN WITNESS WHEREOF, Grantors and the Co-Grantees ha�e executed this Deed of
Conservation Easement as of the date first written above.
GRA,NTORS:
RBR 12, LLC
By: Red Butte Partners, LLC, its Sole Member
By: � �
Soledad DeLeon Hurst, Manager
RBR34, LLC
By RJH Investment Pa ers, L.P, its sole member:
By: 1..C�.�w�
Robert J. Hurst, Trustee, Robert J. Hurst Revocable Trust, General Partner of RJH
Investment Partners, L.P..
RBRS, LLC
By: Red Butte Partners, LLC, its Sole Member
BY: „�[ !� 1�'u�-�-C,
Soledad DeLeon Hurst, Manager
Open Space Parcel:
Red Butte Ranch Ho eowners Association, Inc.
By:��Y �
Robert J. Hurst, President
STATE OF C'p����db )
) ss.
COUNTY OF P��-k�n )
The foregoing instrument was acknowledged before me this a�t day of
�! 4 St , 2012, by RBR 12, LLC by Red Butte Partners, LLC, its Sole Member
by Soleda DeLeon Hurst,Manager, as Grantor.
WITNESS my hand and official seal. Q � �
[SEAL] �►1.�
Notary Public
LORI MOSCHET My commission expires: 40 �4 !�
NOTAftY PUBLIC
STATE OF COLORADO
My Commisaion Expkes 10/29/20 f 5
21
......e.�.� . _ _, _.._ _
C�ol aCado�"'
STATE OP � .+ )
) ss.
COUNTY OF �i�-k�h }
The foregoing instrument was acknowledged before me this_�day of
�u u -l- , 2012, by RBR34, LLC, by RJH Investment Partners, L.P, its sole member,
by Robert J. Hurst, Trustee, Robert J. Hurst Revocable Trust, General Partner of RJH Investment
Partners, L.P., as Grantor.
—
SEALES y�A��'��Tse �^ ,
L � STATE OF COLORADO ���-�-�
t�yc�s��xo+res�ot2�t2ots NotaryPublic
My commission expires: 4 a 1 a q �1 S
STATE OF C�I or G do )
) ss.
COUNTY OF P:�k�r� �
The foregoing instrument was acknowledged before me this a7y�{� day of
/�uSu.St' , 2012, byRBRS, LLC by: Red Butte Partners, LLC, its Sole Member
By Soledad DeLeon Hurst, Manager, as Grantor.
WITNESS ha��c������1.
LIC
[SEAL] STATE OF COLORADO
M�Cat�sion Expirea t a29/2o t 5 Notary Public J
My commission expires: �01 a q /02 o I S
STATE OF (,� ��r�do )
) ss.
COUNTY OF Pa'I�IG�h )
The foregoing instrument was acknowledged before me this�day of
�,�, t , 2012, by Red Butte Ranch Homeowners Association, Inc. by Robert J.
Hurst, P esident, as Grantor.
WITNESS my hand and official seal.
[SEAL] �-�-t,t
Notary Public
LORI MOSCHET My commission expires: t c� a 4 o�,U 15
NOTARY PUBLIC
STATE OF COLOftADO
My co�+,.�o�,��a2s�2o�s
22
ACCEPTED by the CO-GRANTEES:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
By:
Martha Cochran, Executive Director
STATE OF COLORADO )
) ss.
COUNTY OF��� )
The foregoing instrument was acknowledged before me this �L"�day of ,
2012,by Martha Cochran as Executive Director of ASPEN VALLEY LAND T UST, a
Colorado nonprofit corporation.
WITNESS my hand and official seal.
[SE --- ��
M. SUMERA Notary Public
Notary Publfc
State of Colorodo My commission expires: 5� 1
BOARD OF COLTNTY COMMISSIONERS OF PITKIN UNTY, Color
a body corporate and politic <<'
A�fTEST:
� , ` �
; �
By: • B `
� ����a�;�;r /�..! �G/� Jeanett ones, Deputy ty Clerk��-/�'-�Gf 2-
Fe�
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN-_)
The foregoing instrument was acknowledged before me this� day of �,
2012, by Ck��n�r, Chair of the Board Of County Commissioners f Pitkin County.
1'Y1 r c�til �. OwskY
WITNESS my hand and official seal. •
[SEAL]
QFtISCp Not Public
��.,.,.....,,.� 7_r�--��l
� Y �•
My commission expires:
: •
�: O'�P� t
.
. •
�;� ,G :g
; Q,�, , .
., :o� �
•••.......••� �
STArE oF��s
� 23
EXHIBITA: Legal Description of Property
CQNSERV'ATlC}N EASEME'NT
A PAftCfL bF'LAND S17UATEp IN SEC710M1f 35, TOWNSkiP 9 504fTH, RANGE 85 WESF ANp IN SECTION 2, TOY�fSHIP 10 SOUTH,
RANGE 85 YlEST QF iHE 6'FH PRINCIPAC MERiINAtY; COUNTY 0� PiTKtN, S7A7E OF Ct�ORAD4 ANd BEING MORE PAR7tCULARLY
pE5CRi8EU A5 fOLt01YS�
COMNIENCING AT THE YV£ST QUARTER �(7RNER �]F SAlD SECTtfN+l 3S, A 2'GLO 9RASS CAP IiJ PLACf, SA1U PptNT BEING i,�,
�QB�IT L1F 8�{'NNING: THENCE Sd9'46�36"E A UISTANCE C� 564.�8�EET TQ A PQIt�T ON THE 11�S7ERLY RIGHT-OF-WAY OF
McX.A1N FLAts RQAD; TNENGE AL�RG SA1D WEStERLY R1GHt-OF-wAr S46�53'03"E A �IS7Ah10E OF 314.2� EEEt; THENCE
CONTINUINQ ALt1NG $AID WESTERLY R1GH1'-4F-WA1' AlONG A CURVE TO TFIE LEFT HAViNG A RApN15 OF SC13.U6 FEET ANO A
CENTRAL ATlGiE OF 26'1�'Sf`, A piSTANCE OF 229,87 FEET (CHORp BEARS S59'S8'?8"E A DlSTAN�E Of 227,B7 fEE7); iHENCE
Ct�ITIIVUtNG AL9FJG SAID WE5TERLY RlGHT-OP-WAY S73'03'S3"E �4 DtSTANCf d6 15,31 FEE7; THENGE CONTINUING ALONG SAIO
WEST$RLY RtGtt7-pF-WAY ALONG A CtlRVE TO THE RIGMT HAVIPtG A RA1)IUS QF ],Ot&.$7 FEET AND R CEN7RAL ANC�E Qf
ti'S9'47", A DiSTA1VCE OF 212.91 FEET (CHORb BEARS S67'04'00'E A pISTAAICE Of 212;52 Ff£T); TH£NCE CONTINUINCa ALONG
SA10 YMEST�RIY RIGNT-OF-WAY S61'04'�5"E A D(SiANCE � 15.43 �ES; TIi£MCE C4NTINUING AtONG $Atp 1YE57ERtY
RM�{T-flF-WAY ALONG A CURVE TO 7ffE R1GHT HAVING A RJIDIUS �F 495.40'FEET ANU A CENti�AL ANGLE UF 20'29'ST", A
DF'SFANCE Cli 177:23 FEET (CHORA BEARS S50'44'f0"E A 01STANCE 176.29 fEETj; TtIENCE Cpi�TINUING At.ONG SAIO VIESTERI.Y
R[iYiT-OF'-VlAY 54034'12"E A D7STANCE OF 268:67 FEE7; THENGE CONTlNUlNG AL4MG SAlD WES7ERLY RIGtf7-OF-WAY At,OhlG A
CURYE TO THE lEF7 HAYING A RADIUS OF 572.90 fEET ANO A CENTRAL dNGLE OF 20'S2'23", A-DISTANCE OF 208.71 fEE7
(CHORD BEARS S5t'00'24"E A pi57ANCE 4f 2U7.S6 FEEij; THENC€ G�lANtJN1G pLtSNG SAt4 NIFSTEaLY RtGHT-�-WAY
S61'26�36"E A OISTANCE OF 154.45 FEET; THENCE GONTINUlNG ALaNG SAW WESTERLY RIGHi-�F-WAY AI.ON�s A CURVE TO THE
Rtl�iT FSAWING A Rl101US OF 598.23 FEET ANQ A CEP2TRAL ANGE.E OF IQ'S4'41", p piS1ANCE Of 11�.93 FEEi (CHf�RU BEARS
S55'S9'16"E A WSTAIdCE OF 113.75 FEEi); THENCE GONTINUING A�pNG SAIO WEST£RlY RIGHT-pF-WAY S5q'32`33"E A DISTANCE
OF T92.45 FEET, 1F3EMCE LEAVtNC SAtD YYESTERtY RIGHT-OF-WAY S39'27'2T°W A DISTANC€ OF 14�.96 FEET; THENGE
S55bB'S9"E A DlS7ANGE OF i07.?2 FEE7; TFFENCE ALONG A lVOM-F/�NGENT CIIRVE 70 THE lEF7 HAYlN£RADIUS OF 75.Qp FEET
AND A CENiRAL ANGLE OF d0'11'25", A OISTANCE OF 52.bt FEET (CH�2p BEAR5 S39'20'20"W A OISTANGE OF 51.54 FEfT);
1HfNCE N'T$'13"29"W A OISFANCE OP 24.28 FEE7; TFtENCE S05'S9`Ot"W A DISTANCE OF t01.1(l fEET; TH£NCE 53fl'00'40"W A
pISTANCE OF 84.58 fEET; TFIENCE S52'3t'42"W A �ISTANCE OF 167;71 fEE7; THENCE S78'S$'S5"W A iNS7ANCE pF t$t.27 FEE7;
THENGE N88'37'30"W A DISTANCE OF 298.58 fEET; THENCE N74'47'S1"W A OfSTANCE OF tOfi,tl PEET; T1iENGE N65'f3'32"W A
O)STANC� OF T05:85 FEET; iHENCE S43'07'27°W A DfSTANCE (}F 251.22 iEEi; iHENCE S29'47'02"E A 41ST/tNGE QF 173.87 FEET;
THENGE 56735'OS"W�A DISTAN(� (� 3?,06 FEET; iHENCE S24'28'5U'E A 4�STAWGE Qf 297,24 EEET; TH£NCE S45'�'00"W A
�15TAAfGE dF i7.30 FEET; THFMCE 520'47'43"E A OISTANCE bF 141.88 FEE7; TNENCE S58'43'2Fi"E R tNSTAtJCE OF 547.52 FEET;
11-�ENCE S35'30�33"E A OtSTANCE OF 218,79 FEET; THENCE S23'39'38"� A OISTANCE OF 320,98 FEET; THENCE SO7'S3'31"E A
pISTANGE OF 145.38 FEET; iHENGE SOp'00'00"E A OI5TANCf OF 126.0� �EET; TN£NCE SiU48'00"E A OISTANCE pf 7g:41 fEET;
THENCE S30'00'00"E A pISTANCE QF 93:97 FEET; iHENCE 873'a8'39"E n OISTANCE Of 137,34 FEEF; TFtENG� S8B'll'09"E A
DiSTANCf l� 20$.4fi fEET: THENCE N6Q'53'ti"E A p15TANCE OF 155.64 FEET; THENGE N74'06"41"E A DfSTANCE OF 2Q6.98 FEET;
THENGf S84"76'?$"E A DIS7ANCE Of 251.fi7 FEE7; THEMGE S58'?3`19"E A ptStANCE Uf 40$.59 FEE7; TNENC£ 54?'1028"E A
DIS'IANCE OF 127.7i FEET; THENCE S31'41`52"E A DISTANCE OF 7Q6.34 FEET; TH£NCE N89'5$'02`E A p)STANC£ OF 80.28 fEET;
iHfNCE 56f'42'24"E A UISTANCE OF t35.27 FEET; THENCE AIONC A iYON-TANGEWT Gt1RVE TO THE LEFT HAVINCa RAp[t15 OF
96:89 fEET AND A CENTRAI ANG'�E Of 84'40'24", A Dl57ANCE OF 136.42 PE£T(CHORU BEARS N52'22'22"E A QiSTANCE OF
t25,�3 FEEF) ; 7HENCE N22'S2'20"W A DISTANCE OP 42b.74 FEET; iHENGE N22'IY39"E A DISTpN(� Qf' i38:33 FEET; THENCE
N3�'21'13"E A dISTANCE OF 387.53 FEET; THENCE N58'21'32"E A DISTAMCE OF 173.54 FE�T TO A pOWT ON iNE
AFQRE1+tENTFONEQ WESTERLY R[GNT-OF-WAY OF MGLAIN F�AiS ROA(7; TH£NGE AI:ONG SA1D WESTERLY RIGHT-OF-WAY
S70'18'45"E A dISTANCE OF 209.41 FEE7; THENCE COAlFlNUING ALONG SAIp WE$T£RLY R1GH7-OF-WAY AL�IG A CURVE TO 7HE
RtGHT HAVkNG A RAbiUS OF 130.92 FEET ANp A CEMTRAL ANGLE 4F 34`31'22", A DIS7ANCE OF Z8.88 FEEF (CHORD BEARS
SS303'd4"£ A DIS7ANCE OF 7?.70 FEET); iHENCf CQN7iNUtNG RtQNG SAtO WESTERLY RtGFiT-OF-WAY S35'47'25"E A D1S7ANCE
OF 344J4 FEET; TFtENCE CONTINUING ACONG SAIb WESTERLY RIGHT-OF-WAY AI;QMG A GURVE TO iHE LEFT HAVING A RAOIUS
OF t,317.88 FEEF ANQ A CENTRAL ANGLE OF Ot'50"1$`, A D15TANCE f)F #2.28 FEE7 {GHdRO BEARS 536'd2'34"E A OISTANCE OF
42.28 fEETj; THENCE IEAUING SAIO WESTERLY RI�T-pf-WAY 552'22'17"Nf A D15TANCE Of EiT.ti FEET; THENCE N6�'22'48"W A
piST14NCE Of 234.00 fEET; THENCE N8438'11"W A p(SFANCf af 184.87 FEET; THENCE S01'30'S2"YV A DISTANCE OF 550.73 fEET
70 A POINT pN THE NqtTHEASiERLY RtGHT-OF-WAY OF THE RIO GRANp� TRA►L (FORMER DENYER dc R10 GRANDE 1MESTERAi
RAII,ROAp�: TFiENCE ALONG SAID NdRTHEASTERLY RIGHT-OE-WAY ALQNG A NON-TAtVGENT CURVE t0 THE LEfT}iAVING RADIUS
OF 672.Q6 F�E7 AND A CENiRAL AFIGLE OF Q4'09'48", A bISTANCE Of 48,90 fEET (�ht(TRQ $EARS S64'2t'46"W A OISiANCE Of
48:89'FEET}; THENCE CONTiNWNG ALONG SA10 RtGHT-OF-WAY SS2`i6'S2"W A UiSTANGE OF tO6.p0 F£ET; THENCE C4NTINUING
/41.QNG SAIO RIGHT-pF-WAY ALONG A CURVE TO THE RIGHT HAYING A RADiUS Of 412.96 FEEi ANfl A �NTRAL ANGCE Of
28'f2'pU", A DISTANCE Q� 232.78 FEET (C+�ORO OEARS S�6'22'S2"w A D�STANCE OF 234.44 FEET}; THENCE GONnNUWG nLONG
SAID RIGHT�OF-WAY ALONG A CURVE TO THE RIGHT HAYING A Rq01US OF 6t6.20 fEET AND A CENTRAL ANGIE UF 35'4Q'00", A
DIS7ANCE (� 384,66 FEET (CHORO BEARS N71'3$'08"1Y A DISiANCE OF 37$,45 FEET);
O REG�
� �....; _i�
, v +���P _
' V t ac, Qo'�
;
! . .9:� 19598 �,s�
�s,s, :a:�
.� . V�z�E�z„J�,
Fs••.ti
S��1yAL LANp y
orrt�wNer. scaF:
NIC�-i COUNTRY EHlCIR[EER1hiG,INC. RPK N/A `
CHECKED BY: ROJEGT O_
�s»au�cewveNUe,sr��o�, REDHUTTERANGH rwH 2oaieasoa
GLENWOpDBPRIN68�C081801 OATf: PAGE:
PHONBf9701gd6Se76 FAX(9701946aS55 CONSERYA710N 5.27-12 7 pF2
WWW.HCENG.GdM EASEMENi' F�:
J:fsos�ao�l2p4/f 8454t/OWGlNa�o pui
24
EXHIBIT A CONTINUED
TH£NGE CONTtNU1NG AtONG SAtD RtGHT-OF-WAY M53'45'08"W A DIS7ANCE Of 257:D0 FEET; TNENCE GONUNUtNG ALflNG SAID
Rtf�HT-OF'-WAY ALQNG A CURVf TO THE LEFT HAVING A RADIUS OF 62�.87 fEET ANO A CENTRAt, AMfLE QF' 47'05'00", A
01STANef Of 514;21 FEEi (CHORO BEARS N77"f7'38°W A OtSTANCE OF 495.97 FEQT'); THENGE Clk�J71NtltNG rU.ONG SRIO
RIGHF-OF-WAY $79'09'52"W A DISTAMCE E?f' 2$8.00 fEET; THfNCE GONTCNUING At,ONG 5A1Q RIGHT-OF-WAY ALOAIG A GURVE t0
fiiE RI�HT HAYING A RADIUS 4F 567.72 FfET AND A CENTRAL AM{�E QF 23'15'p0", A OtSTANCf OF t49�32 FEET(CHORD
BEARS NH9'1�08"W A DISTANCE pF 148,3Q fEET); TFtENCE GONTINUINC,Ak,pNG SAIp RIGW7-pF-WAY Al4NG A CURYE TO 7H�
RIGHT NAYlNG A RA4tU5 Of 616.Z0 FEET ANO A CENTRAI ANGIE OF 0$'00'00", A i315tAP1Cf f�' 86.04 FEET (GNORD 8£ARS
N7T34�Q8'W A DtS7ANCE OF 85.47 FEEt); TNEMCE CONTINUlNG ALONG SAID RfGHT-E)F-WAY ALQkG A CUR3�E Tp iHE R1GHT
NAVING A l�AOIUS Of 398.22 FEET AND A CEWTRAL kNGIE Of 38'48'Oi7"; A Dl5TANCE OF 255.77 �EE7 (CHpRD BEARS
N51'10'OS"hN A piSTANGE OF 251.40 pEET); THENCE CqNTiNUWG ALdNG SA�O RtGHT-�'-WAY A�pNG A CURNE TO THE RIGHF
HAVING A'RAUIUS (3F 420.87 FEET At�►Q A CENTRAI ANGIE OF 22'0�'40", A OlSTRNCE pF {61,6Q FEET{CMiORD �ARS
N21'4$'f)8"YY A p15TAPICE OF 160.61}; THENCE CONTINUING ALOIVC SNO RlpfF-OF-WAY N10'46'OS"W A t7k5TANCE pF 138.00 �
FEE7, 7HENCE CON71NUING AlOMG 5/UO RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVWG A RA011)S OF 672.96 FEET AND A
GENTRAL ANGIE iIF 09'24'00". A OISTANCf bf t10.41 fEET (CHORD BEAR$ N1528'08"W A 0lSTANC£ Of iifl.28 F�ET); THENCE
Ca+ITINU}MG Ail�lG SAID i21GHi-OF-1YAY AlON6 A GURVE 70 TNE lEFT HAVING A l2ADlUS OF 2,9&+l.79 fEET i4N0 A CENFltA�
AN6LE OF 04'28`00", A OtSTANCE OF 231.t3 f€ET(CMORb BEpRS N22'24'Q8"W A DtSX+,NCE OF 231,p7 i'EET); T}tENCE
GONTINUiNG ALOkG SAID RtGHT-OF-WAY µ(.ONG A GURVf TO THE IEFT HAVtHG !t RA[N{)5 � 8b3.94 FEET AMD A CENTRAt
ANGiE E� 2t`b0`t4", A DtSTANCE OF 516.69 i'EET{CHORD BEARS N35'(t8'13"W A OISTANCE OF 314.92 FEET); THENCE
GOkANt11NG AL(X�IG SAID RIGHT-OF-WAY NO3'18'44"E A DISTANCE aF 34.78 FEET; THENCE CONTINUING AL4NG 5AID
RIGHT-Of-�MIAY N89`18'31"W A piSTANCE �' t21.33 fEET; THENCE CONTINiliNG A4.ONG SAlD RIGHT-pF-YdAY ALOAIG A
NqN-TANFfNT GURVE TO TIiE IEFT HAVING RADtUS Of 813.94 FEET AND A CENTRAt AMGLE OF 00'49'17", A OISTANCE Of it.6�
FEE7{�FiC�tO BEARS N53'S1'30"W A DISTANCE OF 11,67 FEE7); THENGE G(�1JTINU(N�A�pNG SAIQ RlGH7-pF-WAY NS#'i6'OB"YV A
piSTAk�E OF t32.Q0 fEET; iHENCE CONTINUIMG ALONG SAtp RIGIiT-OF-WAY AIONG A CUR1+E T0 THE RIGHT HAVING A RADIUS
Qf 427A6 FEE7 ANp A CENTRA� ANGY.E Uf 23'10'00", A OISTANCE � 172.84 FEET(t;htORp BfaRS k47%It'QS'W A OiSTANGE Qf
1�1.66 EffT}; iHENCE COPIIINUlNG A�ONG SAIp RI�FfT-OF-WAY ALOtJG A GURVE 70 THE RtGHT HAVING A RA(}IU5 f�€ t,g59.86
FEET ANO A GENTRAL ANGLE Of 05'S5'06", A OISTANCE OF 192.06 FEET(GHQRD BEARS N28'08"38'W q �(STANCE OF 191.97
FEET}; TH£NGE CONTtNUiNG ALONG SAtp RIGHT-OF-WAY ALONG A CURYE TO THE RIGHT HAVING A RADIUS Of 666.2D FEET ANO
A CENTRAI ANCIE OF 13'50'QO", A bISTANCE pE t$0.85 fEET (CHORD BEARS Ni8'i6'08"Vp A DISTANCE OF lbQ.4b FEET);
iH�NCE CONTIAlWNG ALONG SAID RIGHT-Of-WAY N1t�}'Q&"W A 0lS7ANCE OF �94.00�E£7; TNEAtCE COMIINUlNG ALONC SA1D
RIGH7-0E-WAY ALQNG A CURVE i0 FHE lEFT HAYING A RADIUS QF 622.96 FEET ANU A CENTRAL ANGLE OF 15'S4'00°, A
OISTANCE OF 172.8$ FEET (CHORO BEARS N19'18'OB"W A ptSiANCE dF 172,32 FEETj; THENCE CONTfNUING ALONC SAIb
RIGHT-OF-WAY N2795'08"W A DISTANCE Of 119.00 FEET; iMENCE CONTINUING AF.pMG SAID R�GHT-pf-WAY AIQNG A CURVf TO
THE RiGHT HAVtNG A RADIUS OF 44$.22 FEET ANO A CENTRAI ANGLE OF 13'S8'3$`, A OISTANC� Of 109.34 FEET (GH�2D
BEARS N2t7'f549"5N A DIS7ANCE OF 149.0� FEET); TFiENCE EEAVING SAIU R1GliT-OF-WAY S85'Q2'S3"E A DtSTANCE OF 68.96
fEET; TFtENGE M20"14'S3"W A DtSTANCE OF 121.07 fEET; THENCE NOS'22'36"E A OtSTANGE OF 73.30 FEET; 7HENCE N26'52'55"E
A tNSTRNCE � 134.77 FEET; TFiEFYC£ N56'S3't9"E A pIS7ANCE OF 121.00 FEE7; TkENCE NS8'4S'03"W A DlS7ANCE OF 63J9
FEET; THENCE N83'17'04"W A O�STANCE OF �3.00 FEET; TQ A POINT ON THE AfOftEMENDflNEO NORTHEASTERLY R1GHT-OF-WAY
� THE RFb GRANOf TRAtI (FORIAER�Y DENYER dc RIO GRANDE wfSTfRN RAlLROAp}; THENCE AL,ONG SlUD NORTHEASTERtY
RIGHT-OF-WAY AIONG A NON-TANGENT CURYE 70 THE LEFT HAYING RAOtUS 6F 870.87 FEET ANp A QENTRAI ANGIE OF
39'40'Q8", A QiSTANCE OF 395.24 FEET (CHORO BEARS NQ2'ST04"W A DISTANCE OF 387.40 FEET; THENCE CONTINUtNG ALONG
SAID RIGHT-OF-WAY TO ALONG A NON TANGENT CURVE 70 THE LEfT, HAVING RA6NS OF 527.46 FEET ANO A CENTRAL ANGIE
OF 31'05'QO", A 04STANCE OF 28&.15 fEET (CHORD BEAR5 N38'19'38"W A pISTANCE OF 262.65 fEET); 7FIENCE CONTINUING
ALONC SAtp f21GHi-pf-WAY AtONG A CURVf TO THE l.EFt HAVlNG A RADIUS OF z,4f4.93 FEE7 AIVD A CENTRAL ANGLE Of
04'30�00", A OISTANCE OF 228.94 FEET (CHORD BEARS N56'07'08"W A DISTAMC£ OF 228.88 FEET); THENCE GONTINUtNG ALONG
S,41D RfGHT-Qf-WAY ALQNG A CURVE i0 THE tEFi HAVtNG A RAOIUS OF 766,20 FEfT AAIO R CENTRAL ANGLE OF 15'41'Oa", A
UISTANCE OF 209.73 FEET (CHORO BEARS N66'12'3B"W A DISTANC� OF 209.07 FEET); THENCE CONTINUING ALONG SAID
RtGHT-OF-WAY N74'03'08"W A DISTANCE OF 85.63 fEET; THENC£ LEANNG SA1D NORTHEASFfRLY RlGHT-OF-WAY N45'00'S2"E A
DiSTANCE OF 74.88 FEET; THENCE N44'S9'48"W A OI5TANCE OF 380.63 fEET; THENGE NO3'29'75`NF A DISTAN£E Of 65.36 fEET
70 �f POINT OF 6EGINNING: SAID PARCEL OF lANO CONTAINING 59.233 ACRES MORE OR LESS.
p�� ,
v
( ��'�'�• ��0;�i�
� ;�
�;d 15598 Z:
a
7�;y c:0
O•� .�,.'�
�+'.�Lr�'�`���-'Qa
s/��AC�LANa 5J
� bRAWNHY: SCAtE:
MIGH.�OUN7RY�AiGlNEERIN6,INC. ftPK ""'
1$17'BLAKEAVENU$,8TH101, � CHECKEOBY: PROJEGTNO:
GLENYVOOD9PR1NG9,C08}�1 RE�BUTTE RANCH FWH 2O4164504
PHONIE t970)9n98676 FwX(87'0)94g-2g8$ CONSERVAY70N OATE; PA6E:
WWW.HCENG.�OM EASEMENT g27-I2 1.OF2
FtLE:�,����z04/164b04/DWG/Mt�oEOPUT
25
EXHIBIT B: Survey of Property
u� . ;
,,
a
;'
�, _ _.,
_ �
,
�'
r' � ,
; � �
!� f�!", ; 1
� , i
r �' �� ,�;
j �; .
� � r 7 ` �Y
� /
�
i /�, �` `�
� ---v� , /, �,
. � � , l�. ------�' -- -- . . ri
- e _� �.
'.� .. :
. ,.- �� � . , i
i. � ;' p � i
'/ � � F " � " — . � %� i
.�
.�
��� . �
:i �� q __ .: � ` i
:�_h i� :$ " ���'( {
Ci ��' ��„\'��8r �� R i i
.'��� t— � p� �� ..m:.,. _ : � _- 1 i
�' � �#� r ..: � � i
�_�--_ �:r @ . „ ..�. .
----- .
� i �! .
'—'�--__'.—__ i i '. ...::.. �
-----'---- —' — — _ :: � �.:.:
.��_ _. a ... ��
. . ,- ..� t �_ ... �
��
_—' � � +'�
�..-- � , • i�� �/�
,: - ¢��( ,
. , ,
,> �,� - ��. ;� - ,
;; -'- �' ": L
<< � � _-_____-- ,,
, % �� ; ��ti %�
; 1"°`° ,� t �� `� � �,
� ' ���o �►�
i i � � .� t'� ��
,
� � � ��E* : p�;y �
� 1 � wa�� � �� ���
,� ;�� �� t�� R --- o m$ �At �
; � �?� «, �.. ' �N�9p�6
� �
l �r � �,!� ��N �S
yrA..
i ' �, ���-�°- �n
/' j�� �; , ������ �i
.
v' T� ��9>�� �3
� ��..�� 2 �'��t�l `.r,Z
� i .
� }
�' �I y` ��� ' \`` D����� C O
i
;
> 7 ^"�. i C �1
( { - .. �.� �pl y �_
i �•,.s* ��� � ,On��'�j�D��z ��
� ',1\ .l>`,'� ��'r � O��(AjzO �D .
` c ... � ��CIm��� �Q�
......... �. , tA
� ����, o
;
�� Z
, ;
� � / � � r
; �; - �� ; � �o� � �
' � �"' -, c
, ,
, _ ,, __, �
,� � � � — , � �i
� �
i � _'� m �
i� 9�
%� �� 39
� ;
� � .
' 6" � �,}�
--... �'� }� '�
--- �
t �,��.�,
~j , l
s.*�, : �
�. ,
p � �°��.ry°F-DP���T HIGMCWNTRYENGINE�RIN6,INC. ��spn ��
� rso�exr�.Nuwr �:�..� .
�,'.�°.?«.';��
� . O ��� QW.Ill4ANDAtANC rr'wl�w�.n.�us�a �
$ �srw.caanwoos�ei+
26
EXHIBIT C: Dollard Rock Outcropping and No Winter Recreation Area
�� _ - - ��
Y� � , j,- �;' �� ;��� �
��. � i ��' i £g� �
� i � I
i
���F( ;' " � _; , s i
!j� .i P 1: >X', �t `f , p �
0
�il. �* ��� M � 5^r i ` ` i x 1 i
F n
f�� � � �'� ��� �� � �� K � 7; f�
.x' �1 .�� i � �
� � .. _ t� .�Ii � ✓Y j f
A / ` 1 ` k 31 ( �... I
�
. . _ �^�! ".I _
. . l `��< " I .
i' � k
� ; / , ' �l' � �7 Y� y�' i�
. -' '' �J ,rg~ ���� t hx T'� � �
E
1. �� . �. /i r u :�< %.
� � � i v
.r _____'__'_' A
f Y � "y �l �� I
� C � 'f Y i�. I
� 3> r �.F�:i 1
_ -� _'______ -` ` -: � \,� x•K !�f f
�� � 1 i
i �`` �{ X�,K ' ' .
� ' � � -_._.______�-�.� 1 �
I �
_ '',�,u'� _� ' r' ,
f � ;� ; I
, s� � > � ; �
ti4'`x �" �°� '� ��'� �Z ` ! `
�� > ,� ,�' �.`-� � � x / � �
�'N�-� ��o w � ��r � sr. °.� ,� i
� � i /;' � �, ,r� 3 ��.�S� "�,3' a 9 .r i I .
� � ;, � ��F '=t;�� �3 �c�i / �
h
� ��\ r�f � �J S� ,���� M k �� . 1 . .
T YO l � �
1\�� �y�/ �� ��� X�.� Y/,' ' .
, �"S . {Y 4� + }� A u % � / � -
� d 3 �z I
. E � ���� � .�i�t r �w� � � � : �, § i` � �
�j ,
s
�ut i� �ti x�r; � r r �{+' I' '� �F � '�
i ir # �:
� ��j � � '� l/�t^#"J s" i
� ,i l y ' A�✓F�
�
. r�i � �' � �� �� x�� ��_Y��� /
� ,�" �" .1 i "s�
�a 9
. ' I I � � � > F ) .�� � '�k � `
1 #,: / �
` I 1 I 1 �" 4 f � d � i .
� !� F �, �3 _ � �
��I� 1 ` �! � � {� �;-. I� I��'r��� 1 � ,. ��0� ... i
} � .
i`� = r '� ,� ��ND���
�.� `` ii� f €� .� r� . 0�03 ^ :
�
� , � t . i� Z m �� �
�6 `t �� �� �� ���, ,. �U��� �
.�?s � �l*x`�1 `� h + � C p�i�j � i
n� �� � ��; '�� � / ��' m 7� � i
.' �� �A��^� / �
t `�\� ..rrL �a.y. Y= V "�I
'ia-
� � ^
�� .�b��.�
�,� .��_tt _ , �� �,- ��9;5 �
v�� ������ �` f �,� ��m 9� m
q��� ,�i I �\ a�,: �
; �i m��mm r�
�i�j��� �
, _ ����o �' !
' I
_.__---..
-"� o���� 0 ;
,.___.____.__ ���� Z
�
mMgz �
���o � ;
���� �; ' �
(�,ip...
.....� rreoe�rrr�wv+cw HN`:H COUN'TRY ENGINEERING,INC. �. _.. �°" — "�" 'f'-'*�'�°'
-- iaoosu��;,o�
p p � FrtwNCCNINTV.COI.OHA60 �sNaua�VMR ��o� - �. v
. ; g R09[ATJ.MURlT uawremw�oo�,mwiw��<� « [��
..._ ne�:wv�
� f�e�►iu�sYr�rvs��e�r ._. .___ ."-'_'_ _ ..- . ,: �.
e R ' OOOJALIINDAUINE w.w.HCO1wcor
p b �sva.c�x.ow�oons�i
2�
AN ORDINANCE OF THE
BOARD OF COUNTY CQMMISSIONERSOF PITKIN C4UNTY,COLORADO,
ACCEPTING A CONSERVATION EASEMENT AND CONVEYANCE OF
CLIMBING AREAS ON RED BUTTE RANCH SUBDIVISION
ORDINANCE#(r�-�, SERIES OF 2012
RECITALS
1. RBR 12 LLC, RBR 34 LLC, (formerly RBR 345LLC), RBR 5 LLC, and RBR Home owners
Association ( the "Applicant") together are current owners of the Red Butte Ranch Subdivision,
located on McLain Flats Road. In 200�, the Applicant sought a major plat amendment to the Red
Butte Ranch subdivision.
2. BOCC Resolution 08-2009 granted approval of the plat annendment conditioned on the conveyance
of a conservation easement on the natural areas of the ranch, and fee simple conveyance to the
County of lands containing the "Gold Butte"rock climbing area and the"Sewer Falls" ice climbing
area.
3. The Applicant has submitted a Deed of Conservation Easement encumbering 59 acres of the natural
area on Red Butte Ranch, to be granted to Aspen Valley Land Trust and Pitkin County Board of
County Commissioners. The Applicant also submitted a Deed for the 12.5$-acre Gold Butte Parcel
and.6-acre Sewer Falls Parcel.
4. On September 26, 2012,the Open Space and Trails Board(OSTB)recommended to the BOCC the
acceptance of both of these property interests and the designation of these property interests as open
space assets. The OSTB further recommended that a climbing management plan be created in
eonsultation with the climbing community before the Gold Butte Climbing area is open to the
public.
5. The conservation easement and deed for the climbing areas have been approved by the County
Attorney and Open Space and Trails Directar.
NOW THEREFORE BE IT ORDAINED by the Board of Counry Commissioners of
Pitkin County,Colorado,that:
1. The Board accepts the conveyance of a conservation easement on approximately 59
acre of Red Butte Ranch to the County, with Aspen Valley Land Trust as a co-
grantee.
2. The Board accepts the conveyance of the Gold Butte and Sewer Falls climbing areas.
3. The Board designates both of these property interests as open space assets,placing them
under the management by the Open Space and Trails Department.
RECEPTION#: 596069, 01/10/2013 at
04:09:37 PM,
1 OF 6, R $0.00 Doc Code QRDINANCE
Janice K.Vos Caudill, Pitkin County, CCl
�,� -- W;,.. _._.. . _ _�.�_. - Y..__
1NTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE l Oth DAY OF
OCTOBER, 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED 1N THE ASPEN TIMES WEEKLY ON j�1-// , 2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFF C PITKIN COLJNTY WEBSITE (www.asvenoitkin.com) ON THE �/�
DAY OF ��� 2012.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 24TH DAY OF
OCTOBER, 2012.
PUBLISHED BY TITLE AND S,HORT SUM RY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE�DAY O / ��r 2012.
TEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
r/lw'
J nette Jones Michael M. Owsley
puty Clerk Chair )n�j� ,�A ,
V�t��L � ,�
//-.R Gr- ?o��-
APPROVED AS TO FORM:
� �
John Ely Jon P ock
Co rn County anager
! �-
Da e Wi11,Director
Open Space and Trails Program
Ordinance ��� -2012
EXHIBITA: Legal Description of Property
GONSERVATION EASEMENT
A PARCEL OF LAND SITUATEO IN SECTION 35, TOti'1NSH1P 9 SOUTH, RANGE 85 Y(EST ANp IN SECTION 2, TOWPJSHIP tU SOUTH,
RRNGE 85 YVEST OF THE 6TH PRINCIPAC MERIOtAN, COUNTY OF PITKIN, STATE OF COI.ORA00 ANQ BEING MQRE PAR7ICULARLY .
DESCRl8�0 AS fOLlOWS:
CQMMENC�NG AT THE 1NfST Q[IART£R GORNER OF SA10.SECTION 35, A 2'GLO 8RA55 GAP IN PLACf, SAID POINT$EItJG �
POI�7T OF'BEGINNING: THENCE S8Q'd6'36"E A DISTANCE OF 564.78 FEET TQ A POINT ON iHE WESTERLY RIGHT-OF-WAY OF
MCLAiN FLATS ROAO; THENCE ALONG SAIp 1MESTERIY R1GH7-0E-WAY S46'53'03"E A �15TANCE �F` 374.24 FEET; 1HENCE
CQNTMUWE3 ALONQ SAID WESTERLY RIGHT-OF-WAY AlONG A CURVE 70 THE LEFi NAVING A RApIUS Of 503.06 FEET ANO A
CENTRAL ANGLE OF 26'10'Si", A bISTANCf OF 229.87 FEET (CHORO BEARS S59'S8'2$"E A D157AN.CE OF 227.8� fEEi), THENCE
CQN7INUING ALONG SAID WESTERIY R1GHT-Of-WAY S73'U3�53"� A DF$TANCf CJF 15,3f FEET; THEMGE CONTlNU1NG ALQNG SAIO
�NEST�RIY RIGHT-OF-WAY ALONG A.CURVE TO THE RIGHT HAVING A RAOfUS QF 1,Qt6.87 FEE7 AND A CENTRAL ANGlE OF
11'59'47`. A QISTANCE OF 212.9f FEE7 (GHQRd BEARS S67'a4'00°E A UISTANCE Of 212.52 FEETj; TkEMCE CONTtNUIMG ALQNG
SAId'WESTERLY RI(�IT-OF-WAY S51'04'05"E A DISTANCE OF 15:43 FEET; THENCE C�N7INUING AI�WG 5AtD �4ESTERLY
RI�T-�F-WAY ALONC A CURVE TO THE R1GHT HAVING A RAOIUS OF 995.40 FEET AN0 A CEN�'RAL ANGLE QF 2d'29'$f", A
: ql$7ANEE OF 177,23 FEET(CHORp BEARS S50'49'10"E A D)STAMCE 176.29 �'EEn;, THENCE CpNTINUING ACONG SA113 WE$TERLY
RfGFIT-4F-WAY 540'3492"f A D1S�ANCE OF 2b8.67 F€ET; THENGE CONTlAfUlNG ALONG SAID WES7ERI.Y RIGHT-Of^WAY ALONG A
CURVf TO l'HE LEFT HAVING A RADIUS bf 572.90 FEET ItNO A CENiRAC ANGLE OF 20`52'23", A D15TANCE OF 208.7f fEE7
{CHORD BEARS S51'q0'24"E A DISTANCE OF 207,56 FEET); THENCE CONIINUtNG ALONG SAID WESTERIY RtGH7-QF-WAY
S61'?6'3&"E A DIS7ANCE OF 154.45 fEET, iHENCE CONTINUlNC ALONG SAtD Y,IES'f�RIY RIGHT-Of-WAY ALONG A CURL'E TO'THE
RtpiF HRYING A ftA01U5 OF 598.23 FEE7 ANp A CENTRAL ANGLE OF 10'S4'41", A OISTANCE Of 113.93 FEET(CHORO 8EAR5
S55'59'16"E d DtSTANCE OF 1t3.15 FEEi); TNENCE CQNDNUING ALOMG SAID WESTERLY RIG1iT-OF-WAY 55Q"32'33"E A 01SiANCE
6F 192:45 FE�T; THENCE tEAVING SAID WESTERCY RIGHT-OF-WAY S39'27'21"W A DISTANCE OF 142:96 FEET; TNENCE
S55'O6'S9"E A DISTANCE OF t07.72 fEfl'; THENCE AIONG A NOM-TAfdC,ENT CUiiVE 70 THE LEF7 HAVINfi RADtltS OF 75.00 fEET
AND A GENTRAL ANGLE OF 40'l1'25",'A DISiANCE OF 52.61 fEE7{CHORO B£AR5 S39'2Q`20"W A AfS7AAtCE OF'S}.54 FEEi);
SHENGE N79'22'29"W A DISTANCE OF 24.28 FEEi: TtiENCE S05'59'01"W A DISTANCE-0f tOt.TO fEEi; THfNCE S30'OQ`QO"W A
OlSTANCE OF 80,58 fEET; THENCE S52'31'42"W A OISTANCE OF 167.71 FEET; THENCE S78'S6'S5"W A OtS7ANCE Of t81.27 FEEi;
THENCE N88'37'3Q"W A OISTANCE OF 298.59 FEET; THENCE N74'47'51"W A OISTANCE OF t06.11 FEET; THENCE N65'13'32"W A
Ot5TANCE dF 505.85 FEET; THENCE S43'07'27'W A OIS7ANCE OF 251.22.FEET; THENCE S29'4Z'Q2"E A DISSANCE OF 173.87 FEET;
THENC£ SB7'5S'OS"W A DIS7APlCE OF 37.06 FEET; THENCE S24'28'5Q E A DISiAMCE OF 297.�4 FEE7; THENCE S45'00'00"W A
DISTANCE OF 77.30 FEET; THENCE S20'47'a3"E A o15TaNCE OF t41.88 FEET; THENCE S58�a3'26"E A DISTANCE OF 5a7.52 FEE7;
THENCE S�5'3U'34"E A pISTMiCE OF 218J9 FEET; THENCE S23'39'38"E A DI$TANCE Of 320:98 FEE7; THENCE S07'S3'31"E A
DISTAMCE OF 145.38 FEET, 7}IENCE S00'00'00"E A DIStANCE OF 126.00 FEET; THENCE 510'48'00"6 A OISTANCE OF 79.41 FEET;
iHENCE S30'DO'00"E A DISTAkCE'OF 93.97 fEET; THENCE S73'48'3S"E A OISLANCE Of ]31.34 FEET; THENCE 586'11'�9"E A
OI$TANCE'OF 208.46 FEET; THENCE N60'S3'11"E A DtSTANCE QF 135.64 FE�7; THENCE N74'O6'41"E A DiSTANCE OF 206.98 FEET;
THENCE S84'16'28'E A DISTANCE OF 25t.6T PEET; THENCE S56'23'i9"E A DISTANCE QF 408,59 fEET; THENCE 54290'28"E A
DISTANCE QP 127,71 FEET; THENCE S31'41'SZ"E A OiSTANCE OF 19$.34 FEE7; THENCE N8958'Q2"E A DISTANGE OF 80.28 fEE7;
THENCE S6Y42'24"E A DISTANCE OF ]35.27 FEET; THENCE ALONG A NON-7ANGEMT CURYE TO 1H� LEFT HAVING RADIUS OF
46.89 FEET AND A CENTRAL ANGIE OF 84'40'24", A DISTANCE OE.136.42 FEET (CHORd BEAR5 N52'22'22"E A OISTANCE OF
125,43 FEEF) ; THENCE N22'S2'20"W A DISTANCE OF 42bJ4 FEEi; iHENCE N22'11'39"E A DISTANCE OF 138.33 FEET; THENCE
N33'21'iS"E A OISTANCE OF 387.b3 FEET; TNENCE N53'21'32"E A OISTANCE OF 173.54 FEET TO A POINT ON THE �
AFQREMENTtONEO WESTERIY RfGHT-OF-WAY OF MCLAIN FLA7S ROAD; THfNCE ALONG $Alp WESTERI.Y RIGHT-OF-WAY
S70'l8'45"E A DISTANCE Of 209.41 FEET; THENCE CONTtNUING ALONG SAlO WESTERlY RiGHT-Of-WAY ALONG A CURVE TO 7HE
RIGHT HAVING A RADIUS OF 130,92 FEET AN� A CEN'tTZAL ANGLE OF 34'3i'22", A D1S7ANCE OF 78.88 FEE'f (CHORD SEARS
S53'03'04"E A DISTANCE Of 77,70 fEET); THENCE CONTINUING ALONG SAIQ WESFERCY RIGHT-Of-WAY S35'47'25"E A DISTANCE
OF 34�J+L fEET; THfNCE CONi1NllING AIONG SAID WESTERLY RIGHT-OF-WAY ALONG A CURVE FO THE LEFT HAIANG A RADIUS
OF 1,317.88 FEEF AND A CENiRAL ANGLE OP 01'50'i8", A D15TANCE OF 42.28 fEET(CHORO BEARS S36'42�34"E A DIStANCE OF
42.28 FEET);, THENCE LEAVING SAIO V/ESTEftLY RIGHT-Of-WAY S52'22'T7"W A DISTANCE OF 8TJl FEET; THENCE N67'22'48"W A
OtSTANCE Of 234.00 fEET; THENCE M84J8'11"N!A �C57ANCE Of 184,87 FEET; THENCf SDt'30'52"W A DISTANCE OF 550.73 EEET
TO A PO(NT ON THE NORiHEASiERCY RIGHT-OF-WAY OF THE RIO GRAN�E 7RA1�.•(FORMER OENYER dt RIO GRANDE YIES7ERN
RAILROAD); THENCE ALONG SAID NORTHEASTERIY RIGHT-OF-WAY ALONG A kON-TANGEkT CURVE 70 THE LEFT HAVlNG RADIUS
pF 672.35 FEE7 AND A CENTRAL ANGtE OF 04'09'48", A �ISTANCE OE 48.9Q FEEF (CHORQ BEARS S64'2t'A$"W A 0157AMCE Of
48.89 FEEI); THENCE CONTINUING AIONG SAID RIGHT-aF-WAY S62'16�52"W A DiSTANCE Of iq6,Op FEE7; THENCE CONTINUING •
• ALONG SAIp R1GH7-OF-WAY A�ONG A CURVE TO THE RlGHT HAVIMG A RAOIU$ OF 472.96 fEET AND R CENtRAL ANGLE OF
28't2`00", A DIS7ANCf OF 232.78 FEE7 (CHORD BEARS S76'22'S2"W A OISTANCf OF 23Q.44 PEfT}; THENCE CONi1NUING ALONG
$Ai0 RIGHT-OF-WAY A�OAtG A Ct1RVE TO iHE RIGHT HAVlMG A RADIUS OF 616.20 FEE7 ANO A CENTRAL ANGLE OF 35'46"00", A
DISTANCE OF 384,66 FEET (CtiORO BEARS M7t'38'D8"W A DlSTANlCE OF 37$.45 FEE'f};
O REG
� ,....,�'$ ��
• U�.�,�°` Q�o.o
;r y.
. .a:d 19599 �s a
. . p;� ��O
°�'• c.�2�i��j�
'o .J
' �s����AL tAN��
. � �� RPK � SChtF, N/A
HIGFi COUNTRY ENGtN�ERING,tNC. CHECKEDBYt ROJECT «
t5t�suKewv�ue,srEtof, REDBU7TERANCN rwH 2oat6a5o4
GLENWOODSPRINGS,COB[601 DATHC P�we:
� PHOHE(970)9468676 FAX W7018462S5B . CONSERYA�I7ON
W1NW.Hd�NG.COM FeceM�ryr 627-12 t OF2
' �'J:lSDSt�I�DJ/204/164544/DWG/lwFNOEO pLqT
24
EXHIBIT A CONTINUED -
TH£NCE CaNT�NUWG AIONG SAIU RtGHT-Of-WAY N53'45'08"W A DIS7ANCE OF 257.00 fEEF, THENCE CON�NUIMG ALONG SAIO
? RI�F17-pF-WAY ALQNG A CURVE TO THE LEFT HAVING A RADtUS OF 620,87 FEES qND A CENTRAC ANGIE � 47'05'OQ", A
p1STANCE OF 510,24 FEET (CHOR� BEARS N7Ti7'38"W A OISTANCE OF 495.97 FEE7�: THENCE GflN?INUING AIONG SAIO
RIGHT-OF-WA1�S79'q9'S2"W A D15TANCE OF 288.00 fEET; tHEMCE CdNTMUtNG ALONG SAtD R1GHT-OF-WAY ALONG A CUR�E 70
THE RIGNT HAVING A RAOItlS OF 367.72 FfET ANO A CENTRAI ANGLE OF 23't6'OQ"� A QtSTANCE bF t49.32 FEEF jl,7IORp
BEARS N.89'12'08''W h DISTANCE OF 148.30 FEET}; THENC@ CON1[NUING AIOFIG SAI�RICH?-OF-WAY XLONCi A CURVE TO 7HE
R1GHi HAVING.q RAOIUS Of 616.20 fEET AND k CENTRAI ANGLE OF Q8'00'00", A DISTANCf Qf 86.04 FEET (CFIORD 6£ARS
N73'34'08"W A QISTANCE OF 85.97 FEEi}; TFtENCE CQNTtNU1NG ALOMG SAIU R[(�T-OF-WAY AIONG A CUf�VE T0 THE RIGHT
HAV►NG A Rp�lUS QF 398.22 FEET AND A CENTRAL ANGiE Of 36'48'OD", A DISTANC� OF 255�77 FEET (CHOR4 BEARS
NSt'10'QS"W A-01$iANCE OF 251.40 fEET� THENCE CONTtNUING AtONG SAIO R[GNT-�-WAY AL(NIG A CUf2VE TO iHE RIGHT :
HAVING A'RAQIUS OF {20.87 FEET AND A CENTRAL ANGLE OF 22'00'00", A OISiANCE OP 16f,6Q FEEF (CHQRD BEARS
N2l'4B'08"W A DISTANCE OF ifi0.&t); THEMCE CONTINUING ALONC SAIO RIGHT-OF-WAY N10'4§'O8"W A DISTANCE OF 138,00 �
FEET; iHENCE CONTINUING ACONG SAIO RIGHt-pF-WAY ALONG A CURVE T6 THE LEFT HAVINC A RADiUS OF 672.96 fEE7 AMD A
CENTRA� ANGLE 9f 09'24'00", A bISTANCE OF ti0.41 FEET(CHORO BEARS N15'28'0&"W A DISTANCE QF 110.28 FEET}; THENCE
CONTINUING ALONG SAID PoGHT-OF-WAY AIONG A CURVE TO THE IEFT NAVING A RADIUS OF 2,464.79'FEET ANO A CENFRAL
ANGLE Of 04'28'00", A DiSTANCE OF 231.13 FEE! (CHORD BEARS N22'24'R8"W A p157ANCE OF 23t.07 F'EET); THENCE
COkTINU1NG Al,�{G SAIp RIGHT-OF-WAY ALONG A CURVE TO TME LEPT NAVING A EtAWUS OF 853.44 fEET AND A CEN7RAL
AN�LE OF 21'b0'10", A D)STANCE OF 316.59 FEET(CHORD BEARS N35'08'13"W A OISTRNCE OF 314,92 FEET); THENCE
CONTiNU1NG At4NG SAtD RIGH7-OF-WAY NO3't$'44"E A DIS7ANCE OF 34.78 FEEi; TFtENCE COMDNUIMG ALONC S/UO •
RIGHT-OF-WAY N&9'18'31"W A DISTANCE OF 121.33 FEET; THENCE CONTINUING ALONG SAID RIGHt-Of-WAY ALONG A
NON-TANGENT CURVE TO TtiE LEfT HAVING RADtUS Of 813.94 FEET AND A CENTRAL ANCLE OF 00'49'17", A UISTANCE Of ti.67
FEET{GHORD BEARS N53'St'30"W A OISTANCE OF 11,67 FEET); THENCE CQNTlNUING ALON(3 SA�O RIGHT-OF-WAY N54`16'a8"W A
D15TAD10E OF t32.00 FEET; THENCE CONTINUfNG ALONG SAiD RIGHT-dF-WAY ALONG A:CURVf TO THE RIGHT HAVING A RAbfUS
OF 427.45 FEET AND A CENTRAI ANGLE OF 23'10'00", A DISTANCE OP t72.84 fEEt'(GHORD BEARS N42'91'08"W A DISTANCE Of
t7t,66 FEETj; THENCE CON11NU1NG ALQNG SAID RIGH7-OF-WAY AI.ONC A CURVE 70 THE RfGHT NAVING A RA6lUS OF t,659.86
FEET ANp A CENTRAL ANGLE QF 05'55�40", A DISTANCE OF 192.06 fEET{CFl�3D BEARS N28'08'38'W A DISTANCE OF 191.97
FEET); TFtENCE CONT(NUING ALONG SAID RlGHT-OF-WAY ALONG A CURVE TO THE RIGHT HAVING A RAD1U$OF 666.20 FEET ANO
A CENTRAk. ANCLE OF 13SQ'00", A DISTANCE OF 1b0.85 fEET {CHORD BEARS Ni8'I6'08"W A DISTANCE Of 160.46 FEET);
THENC6 CONTINUING ALONG SND RIGHT-O�-WAY Ntl'2i'Q8"W A 0lSTANCE OF �94.00 F'EET; THENCE CON7INUING ALONG SA�O
RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS QF 622.86 FEEi AND A CENTRAL ANCLE OF 15'S4'OQ", A
DISTANCE OF 172.88 FEET {CNORO BEARS Nt9'18'08"W A DISTANCE dF 172,32 FEEi)• THENCE CONT)NU1NC ALONC SAIO
RfGHT-OF-WAY N27't5�08"W A DISiANCf OF 119.00 FEET; THENCE CONTINUINC+AtONC SAIO RIGHT-OF-WAY A�ONG A CURVf TO
THE RIGHT HAViN6 A RADtUS OF 448.22 FE�T AND A CENiRAL ANGIf OF 13'S8'38", A DISTANCE OF Ifl9.34 FEET (CHORD
BEARS N2Q'15'49"W A Ot5TANCE OF iQ9.Q7 FEET); THENCE EEAYING SAID R1GHT-OF-WAY S86'02'53"E A OISTANCE OF fi8.06
FEET; THENCE N2U'14'S3"W A OIS7ANCE OF l21.07 FEE7; THFNCE N08`72'36"E A DlSTANCE OF 79.30 FEET; THENCE N26'S2'S5"E
A OISTANCE OF 134.77 FEET; THfNCE N56'S3'19"E A DIS7ANCE OF 121.00 FEE7; THENCE N68'4fi'03'W A piSTANCE OF 63.79
F�ET; THENCE N83'17'04"W A DtSTANCE OF 73.04 FEET; TO A POINT ON THE APOREMEMTIONED NORTHEASTERLY RIGHT-OF-WAY
OF TNE RIO GRANQE TRAlL (PORAIERLY.DENVER dc RIO GRANUE wESTERN RAflROApj; TH�NCE ALONC�SAID NORTHEASiERLY
R(GNT-OF-WAY ALCTtd1G A MON-TANGENT CURYE TO THE LEFT HAVING RAOIUS df 570.87 FEEi ANO A GEMTRAL ARlGLE OF
39'40"08". A OtSTANCE OF 345.24 FEET (CHORU BEARS NO2'S7'04"W A DISTANCE OF 387.40 FEET; THENCE CONTINUtNG AIONG
SAIQ RIGHT-OF-WAY TO AtONG A NON TANGENF CURVE TO THE LEFT, HAVIN(3 RADFUS OF 527.46 PEEt AND A CENTRAt ANGLE
Of 31'OS�00", A 0157ANCE OF 286.15 FEET(CHORD BEARS N38'13'38'1Y A DiSTANCE OF 282.65 FEET); THENGE CONiiNUtNG
' ALONG SAlO RIGHT-OF-WAY AC4NG q CURVE 70 THE LEFT HAVlNG A RAp1US OF 2,914.93 FEET IIND A CENTRAC ANCLE OF
04'30b0", A DISTANCE OF 228.94 FEET (CHORO BEARS N56'07'OS"W A DIS7ANCE Of 22&$8 FEET); THENCE CON71NUINC ALONC
SAID RlGHT-OF-WAY ALONC A CURVE TO THE IEfT HAVING A RAOfUS Of' 768.20 FEEF AND A CENTRAI ANGLE OF 15'41'00', A
WSTANCE OF 269.73 FEET (CHORD BEARS N6fi'12'38"W A DiSTANCE OF 209.07 fEET); TNENCE CONTINUING ALONG SAID
RfGHT-Uf-WAY N76'03'08"W A DIS7ANCE OF 85.63 i£ET; THENCE LEAVING SA10 NORIHEASTERLY RtGMT-OF-WAY N45'00'S2"E A
DISTANCE OF 74.88 fEE7; THENCE N44'59'08"W A DlSTM10E Of 380.63 fEET; THENCE NO3'29�15'W A dISiANCE OF 65.3fi FEE7
TO TNE POiNY 4F 9EGINNtNG: SAID PARCEL OF LAND CQNTAININC 59.233 ACRE5 MORE OR LESS.
P0�i^El+.
I ���', ���p�:o
7959$ ?:
? .�r� �.�
�.�.L«��`�1 t�s''�
a
' S���AC�U.NO 5�
DRAVlN BY: SC�LE-
� MI6{-f COUNYRY E1+IGINEERING,INC. RPK N�A
1$IYBLAK6AVENU6,�8T6fOt� � ��E��: PRO.iECf O:
GLENYV/OODSPRIN6S,C08tBQ1 REDBUTTBRANCH �/t� 204164504
PHONI:(87619a88676 FAX p7�9462656 CONSBRVA710N �T� PAGE:
FASEMENT �27-12 20F2
W W W.HCENd.GOM ' fl�;
. . J:/30sl�iOJ/204/t645Q4/DWG/A►IENDED PLA7
25
EXHIBIT B: Survey of Property
�� � l
n� ,%
�1� % _
�, �,
� ,
� . ; �'
� ' r�� � �
N� ;,
,
�f 1--� � 1 _
� 0 i i
ii�Ji '� '
� , 7 .
, r �, ; -_
—�,� �. ' .�/ - r;
. �,�- ---- , ;
� '� �f
,, � _ _ , ��
.,, _,.-' - ,
,, :_- � ''- __ _ ,
;
,/, , ;� � ! _. - _� .. _ �
,�
,
,,� �• __ -: �. � : �
. _-
;; � ; �
,��' --, --- - — - - � f
��__+ ; --- , �
,; r .,e, - - %, '
i , ,' — � �� ` : ./! �
% ,__�,' — ' i� .` "_ = ' . ;
__ i i -- _. .
°—'---� ..r � ...— —.� ._.. '��
---'—'-- �-- �--- ...._.
__�. � ..—:. � t
_.
---�--------------- `_.'� ---- _._. "_ ✓ .
. '---- — �� � � �. _
, ,y f 1 t " _��/
= .� ,sI`� e i _ . .
. . ,.� ..`�f . . ' �1� � -A .-/� . .
_ �
��
i -:. „r^' . �, � - - i . .
r . �
_� . �
i �'l —�,.� � � . _.✓� .
• � ' — _
/ _.'� o • � ..
i � �,r:. �: �. - .r
1 '`� ��� � �i� �s
: �'`�' z�`
. '` � �E, , z�n . m
.? / p m
F �. � ,,.-'� m Z o.
,' �:;:; �5 ���i;� A------ � o m$ A �
1 ��� .,,� -'� Z�Z � �
�' � "» '' ' ' oa�'°�o
/+ �' '. �z�s�`� mcmi
; � m �o
` _
� ----� ��•� 9'°�,xi�� �y '
; ; l �HVa��i =3
, � � zp�-1 m m
J (,, �� /! • ���'xa V1r°n
; �;j 8t� ; �' �mc��y C�
1 � „�r ^'Z / O�' �O3 �2�r
�� ' n61,��,�?Z �F' .
�y` r' tN y['
� ;\ – -- -�i '�/ � D�mp1nyp �i
� � — �� 5 �( � �i
�.` ; — i �ry�N'Q�5 Z O .
�� �"r Z
` 1 . ' °{�z
'� .; % �°n. z � �
� � - ' ---__ m"'" � C
, �
, o
' v
/ � f� ���,. ' '-- _ , g m�
x�
. / ,�' ;
:% a
%� ' ' � � 3
'�' �i�'J 6� � -
- �,; �d �
--- �
t
e
:
M �
#
s�ou�+owrc+�'uT HIGH COUNTRY ENGINEBRM6,INC. "°"A10N `�CL�'
� p ���� PmaNCaur�m'.coWW�DD . " . e:ma.eWaFbmomwrn
� ROB�J.XURfT s �wwsmis�
WOJAIANDALAN[ �M�eaaiuro��s� airix �,�;��j,�°
� � � MPlN.COL.DRADOS7611 �w'^'�
sirtrMd
L
26
EXHIBIT C: Dollazd Rock Outcroppirig and No Winter Recreation Area
� -- ,
;
ui� � . � ,
1
,,s• � i�� ' � �� ;� �
� ;r � ;�-.�� ; �if
( i � F8�
��H{7! . ; e I �� ,�;,
'y�. �� i £�n� 1 � � /a�S�A � '
� . 1 � { <
� t
s �� "�—�1�� � ��� ) �1 '��_{��Y%Yy 9
F � � ; y—� ^` ���� ; x,��� �vJ �
. r� A+� \ 5��4 � � / x k Y Y1`1 �\ §. �n
�i $ i. j +e X k}}�)^ F�.x
i R f �.� F, p�.�"�ri'�",n � �-'��
. J � � � .� r �iJ�� ���{2�x n� r�t�r
. . � � ..t)`xY�1� ✓� ��`�Xx;Yv� `�"p
Y <� 'r.xX'�i i y�� �
' F. . �i i� , /� �`��(,���xKxh�h��� ;�;; v .
_ %'��r . �� n h�i:h�)�'J)'��xYXkry ,✓.K n�', �
i �v\�:
, = : a° t`�xx kxy,r t {��a�cs �
�i �x�' ��v Y��.X�r 7�r��n����`,t i`�y ti� .
' � � � 'T.�r >`C k'� x,!'�.'`� ✓ ,R;`
� �4R
� � i"� ��' > ) 7 �t � C�t � X x �� )
zc i �^'J >�r�)t��< ( t z x r Y �
s.`.�____����`�'��� C� k � / �� �./1/� r�1,���.Y�X�lvY��Y y` ��,,
( r � i�
�t �
�+�.�� � ^�O� / E�<{.t%r}.%kk�}?�, C:{�y� .
. ��y '`�{? Y 1.� YY^Yvk�S.�i�j�l.i /'�� , % �
�, �
I — ����_���� 'S 3 � ' 6° /1 /�F�W-`\'���\�.KA\/` _
.' '!' ^���. . �� ��� +`_``�_` � .
�i �A 1�J'/� � !\ F.� . /'.. �
� �l
. , '� <��'`x � k'�?) 1/4 �4'��xx'�„ '
Y �
i� r < �1 k 1y> 1� h '��Y�K F' i
).�4 L,
_ � .. '_ __` / ��.� i��C<'�R�k x'��h�p� , � i
� . � ..Y'r���r�n•;���vY���tiy i � . � 1�YvY ����,}�h i<�Q���Yy � xkfh..- /��� i . .
'��C+C'�a�nkn�R�Y i �� �� d av. . r K a`R�J. v '`i .<'x x�> . r �iC�'." . i
i � � ��f�j ,," . ( c <.n ? ) > �. 2Ot< (�{ � xhYy�';y / < �
- � I�^� \ t'���xk}kX}x�i}/f% :\� {T rT {S:E � ?.;>:� < {<<Y�vx Y} Y�>� < t L k Y ' /�`j !f r I
irt, ��Y Y�Y Y n n /•!.L S' x=. �'`�l`}qr� p' t� v x < 1 ✓,� `� ��if� i �
,�n`���J �vi:h/�y x i`'� � 'i!�' �` �.,✓T�v < 4��<.Y.�s �v v i�'� i
lll n 7 . > � ✓.�,x x �O</ ,y ��^�' a'"�,t.�". v�� ,y � C �C n > k >r7 C�'��R''." �� I
' � �{�/ 3 i :< t < t z;�y �'(./ESz i�a,�� < C t e � h >��,>.�< ' t < . �
, \{Y �U` ) ^h lh 3F,�!� � < t f > } ) ; { t''!' / I , '
,,.r. � �C�;4Crv ��W�wi r���,�+K�Y � ! ��i �v�1: � !�e �r � i .
� n n'T�`� v e��`n�.��� � �- ,+f`! n r / `i' � .
�� � �`�' �x->.����e�����i��'���Yg���� . y�'31y y> }:t � t���<��� ��)�l�) �� � �� � .
.` "SY'itX � S�' � x' t.�. � � � � i �
'"��,� � `K n nn
��� kNrl/�yhi���fi�i�,y��'�>���{���V�.�3��+����'�R-x�> }y��� �'�(�>. �� � -
' `\ �j�4 y� rt%tl 'h> yi'� 'tl.€li K SY,fL,., � $'���1°+�� < t .y�( hy) 7 �<�t �i� � .
\\ �r�.�,r�Y�`� �r��f�*��jti�J� �rK K?F��"`Y..el.'C�t f.. V � J+,I � 1 � ' ,
��� i���k��N r��9 ��.��J X�'r Px'���'x�``��` ��. iSx£h"v}-�?�`,��� ���,rir X �'� i i I
i I yNSfY<�Fnf�A�y y�3��„'�s�.�,J�k�x�..�,'��`��`+ �;a N,v s > ' ��r ����v v , i �
���X 1>�r���y ���u�.��x������x{� ����` � }?}�y �'� �
��i�(�{(�H'ki��"'�`�k' d r,'S�r�Y5�4'���� \ ( ,�Y� �Yy> . .
tY�f� f�3r�I.�./�V��y�FJ l�3{��' '}.��'r $�Fv.a�f�`/ ,yi/ /,%Sh /� \!' '
fi la''����""'��k�.�n�' '�'�.;s'��,x ��`�j��`€,;'� � y��) � ��.' �.
- _ i;l ��£, i�i Z� ����^C'41„�p.a3ra�✓, ���'y�ej�� � �� �k!/
"'N F1 t"j 1^ ,+ v V V �
I 1�1 � �t ���!� T . .x a{ ,+� � 4 �
� � ,� ��'�'a�-S�'"E''`�� sa vn �t i,� ��,s���>y> ' </�.�< �i�� �x� �
� , �i .. C �.�'v��t I fx �' � . 3 � � S � 1
� � �� ! 'L`�`�'�Y%E"�`"fr�¢�'krl���,��' s:(�����'x <` �Y �>� � �� D
� l��� ����.�������;��.�7� Y�r�r�����S�i� f�t ��� � �� �'� �� Z O Q� i
1\� l'.i�l�'+-� 6 �k F^4> i� � � �
� i ���t,;r��"'i, y�.�ay�'�'�£ L�Fxx�2 x ` x � � , OA^Z,Qp �
+ ����t`2.,� ,��.r,ti,�{i �������w -y y��?� � i� �M�N �1
� ,a,�"��K�1 -i
`� ;�14:;� ¢*� � � x� t,� � o>
� ��� t � ���r k��s,t�¢'�v+��'`"'�'.rr,�,���''�..� <\t� � � t�Zm � ' .
x�9 ���*�'y�`y4�j.'*, ,�� 3 �' ^ pNZ pm �
\�```"'��2��� '`''�,�' �; COtl�'�a O
�'a����"�:i'�n'�.�' Gg��� +,; ��p O Z �
`I\ �'' ^- iI� �" / �' '/ ���`'O> �"
:� ``\''i��� �' '9 9�y V'0
'm� �,��� `��� �,��� ,�O.o y 5 �
;���€� %��J�'�' ,v�' z aj°p°v Am �tl
F �; I ��� . � ���+ �
i �� mm ,� ,
oZ �� �' i
_ �a��
�� � 1 .
------------- " ����� � �
�m
� ��o5z �
m��� � ?
M�� j
� �'"�, ' . . - ��y O �i ' . .
', �I 3 v
.'`"`p /% � , .
�
o g ��°�TE�N HI6HCOUM'RYENGWEERIN6,ING �+ ��,
' � sg R09QRTJ.XlAK1' voul.YwYMi/R . � aNal�w2iai�a�awmi
O �^���I DOO.UIUINDAL�NE �wNrrr�i ru�u��� �
� � AfPBi.CD40Rl�DOef411. wrw.mm�.oew
2/