HomeMy WebLinkAboutbocc.con.219.2013 __ _ _ .
RECEPTION#: 601973, 07/30/2013 at Eagle County, Co 'LO1$O1 SSJ
11:23:40 AM,
t OF 30, R $0.00 Doc Code EASEMENT Teak J Simonton 01l29/2013
Janice K. Vos Caudill, Pitkin County, CO P9s: 30 09:34:13 AM
REC: $0.00
DOC: $0.00
DEED OF CONSERVATION EASEMENT
(RED RIDGG RANCH PARCEL)
NOTICE: THlS PROPERTY lNTEREST F/AS 13LEN ACQUIRED IN PART WITH
GRANT#12410 ("CRANT') FROM THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO 7RUST FUND ("BOARD"). T/-//S DEED OF CONSERVAT/ON
EASEMENT CONTA/NS RESTRICTIONS ON THE USE AND DEVELOPMENT OF
THE PROPERTY WH/CH ARE /NTENDED TO PROTECT /TS OPEN SPACE AND
OTHER CONSERVATION VALUES. THE BOARD HAS FOUND T/�AT TF/IS DEED
OF CONSERVAT/ON EASEMENT PROV/DES l3ENEF/TS THAT ARE IN 7HE PUBL/C
lNTEREST.
� THIS DEED OF CONSGRVATION EASGMENT ("EasemenP') is made this ph 4�
d. day of January, 2013, by Board of County Commissioners of Pitkin County, 530 East
�� Main Street, Aspen, Colorado 81611 ("Grantor"), in favor of Eagle County, Colorado,
� PO Box 850, Eagle, Coloradq 81631 and the Town of Basalt, 101 Midland Ave., Basalt,
� y Colorado 81621 (collectively, "Grantees", individually, `'Co-Holder").
UThe followin exhibits are attached hereto:
.� ,� g conm�acr� , ao�
. � � Exhibit A: Legal Description oFthe Property
� � Exhibit B: Map of the Properiy
� Exhibit C: Baseline Attestation
�
�` c�. Exhibit D: Exceptions to Title(Pitkin County Title Case No. PCT23683 W 5
� �6 Schedule B-2) ,APPROV�e� � �
�� Exhibi[ E: Description of Water Rights ORDINA�VCE
� v RECITALS: # DO �I. o2O /z-
C � A. Grantor is the sole owner in fee simple of approximately 145.864 acres of
� � real property located in Eagle County, Colorado, known as Red Ridge Ranch and more
, particularly described in Exhibit A attached hereto and generally depicted on the map
attached hereto as Exhibit B, both oFwhich are incorporated herein by this reference (the
"Property")
B. The Yroperty possesses natural, scenic, open space, agricultural, and
ecological values (collectively, "Conservation Values") oPgreat importance to Grantor,
the people of Pitkin and Gagle Counties, the people of the Town of Basalt, and the people
of the State of Colorado. [n particular, the Property contains the following characteristics
which are also included within the definition of Conservation Values:
i. Agricultural: "Che Property is located in a rural, agricultural area of
Eagle County, where development in the vicinity of the Property threatens
to degrade the rural and scenic character oPthe area. Open space and
, agricultural land is increasingly being lost to exurban sprawl in the
Red Ridge Ranch Conservation Easemenl � .
January 29,2013 -
6US RF.A4d44281.1
Roaring Fork Valley and particularly around the Town of Basalt and
Emma area. The Property possesses 45 acres of fertile irrigated fields
with 24,500 appurtenant shares in the Home Supply Ditch, which
comprise superior agricultural lands that are a part of the historic'
agricultural production of the Emma area of Eagle and Pitkin Counties,
Colorado;
ii. Ecological: The Property hosts a high diversity of wildlife habitat.
Portions of the Property have been mapped as overall range, winter range,
and winter concentration areas for elk (Cervus canadensis) and mule deer
(Odocoileus hemionus) and further mapped as critical and severe winter
range and summer range for mule deer. The irrigated hay fields on the
Property provide grassland habitat for a variety of birds including the
mountain bluebirds (Sialru currucoides), vesper sparrows (Pooecetes
gramitteus), westem kingbirds (Tyrannus verticalis), and western
meadowlarks (Sturnella neg[ectu). The Colorado Natural Heritage
Program (CNHP) has included the southwestern porlion of the Property
within The Crown Proposed Conservation Area(The Crown). The Crown
received a biodiversity ranking of B2-Very high significance because of
the excellent occurrence of globally rare species by the CNHP;
iii. Scenic: Protection of this PropeRy will preserve an impor[ant
viewshed and open space asset in the Roaring Fork Valley. Development
of[he Property would impair the scenic character of the local rural
landscape since the agricultural land uses of this Property are consistent
with the agricultural uses of other land in the vicinity. Red Ridge Ranch is
visually appreciated by residents and visitors alike from the Rio Grande
Trail, Hooks Spur Rd., State Highway 82, and recreationists utilizing the
Crown;
iv. Recreation: The Property will be made widely available to the
general public for non-motorized seasonal recreational use along
designated trails and potentially for occasional educational programs for
the benefit of the public. Anticipated trails will enhance the existing
recreational trail networks of Eagle and Pitkin County, the Town of
Basalt, and the unincorporated area of EI Jebel by providing links between
the Rio Grande Trail and the Crown trail networks;
v. Open Space: The Property possesses important open space values
in the heart of the Emma area whose contiguity with BLM lands known as
the Crown and several conservation easements in the mid-Roaring Fork
Valley compile over ]0,000 acres of protected landscape.
C. Grantor intends that the Conservation Values be preserved and protected,
and that any uses be prohibited that would substantially diminish or impair the
Conservation Values or that otherwise would be inconsis[ent with the Purpose of this
Red Ri�ge Rench Conservalion Casement 2
January 29,2013
BUS RE\4444281.1
Easement, as defined in Paragraph 1 below. The parties acknowledge and agree that uses
expressly permitted by this Easement and the current land use patterns, including, without
limitation, those relating to grazing of horses or livestock existing at the time of this
grant, do not significantly impair or interfere with Ihe Conservation Values and are
consistent with the stated Purpose of the Easement.
D. Grantor further intends, as the owner of the PropeRy, to convey to
Grantees the right to preserve and protect the Conservation Values in perpetuity.
E. Grantees are publicly supported, tax-exempt government organizations.
F. Grantees are also charitable organizations as required under C.R.S. § 38-
30.5-101 et seq., which provides for conservation easements to maintain land and water
' in a natural, scenic or open condition, for wildlife habitat, ar for agricultural and other
uses or conditions consistent with the protection of open land in Colorado.
G. Funding for this project has been provided in part by the Great Outdoors
Colorado Trust Fund program. The voters of the State of Colorado by adoption of Article
XXVII to the Constitution of the State of Colorado, the legislature of'the State of
Colorado by adoption of enabling legislation, and the Board, by adopting and
administering competitive grants application and rigorous due diligence review
processes, have established that it is the policy of the State of Colorado and its people to
preserve, protect, enhance and manage the state's wildlife, park, river, trail and open
space heritage, to protect critical wildlife habitats through the acquisition of lands, leases
. or easements, and to acquire and manage unique open space and natural areas of
statewide significance.
H. Grantees agree by accepting this Easement to preserve and protect in
perpetuity the Conservation Values for the benefit of this and future generations.
NOW, THEREFORE, in consideration of the above and the mutual covenants,
terms, conditions, and restrictions contained herein, and pursuant to the laws of the State
of Colorado, and in pariicular C.R.S. § 38-30.5-101 et seq., Grantor hereby voluntarily
grants and conveys to Grantees a conservation easement in gross in perpetuity over the
Property, of the nature and character and to the extent hereinafrer set forih.
1. Purpose. The purpose of this Easement is to ensure the Conservation
Values are preserved and protected in perpetuity ("Purpose„). This Purpose is in
accordance with §170(h) of the Internal Revenue Code of 1986, as amended, and the
Treasury Regulations adopted pursuant thereto. The intent of the parties is to permit acts
on and uses of the Property that are consistent with the Purpose and to restrict or prohibit
uses of the Property that are not consistent with the Purpose ("Intent"). In this Easement
"Consistent with the Purpose" shall mean acts on and uses of the Property that have a
positive impact, neutral impact, or no impact on the Conservation Values as determined
by Grantees in their reasonable discretion. Notwithstanding the foregoing, nothing in this
Ked Ridge Ranch Conservation Eucment 3
January 29,2013
BUS Rt\4444281.1 .
Easement is intended to compel a speciYic use of the PropeRy, such as agriculture, other
than the preservation and protection of the Conservation Values.
2. Baseline Documentation Report. The parties acknowledge that a written
report has been prepared, reviewed, and approved by all parties which documents the
Property's condition as of the conveyance date of this Easement (the `Baseline Report").
A copy of the Baseline Report shall be kept on file with all parties and by this reference
made a part hereof. The parties acknowledge that the Baseline Report is intended to
establish the condition of the Property as of the conveyance date of this Easement, and all
parties have acknowledged the same in a signed statement, a copy of which is attached
hereto as Exhibit C. The paRies further agree that the exisfence of the Baseline Report
shall�in no way limit the parties' ability to use other periinent information in resolving
any controversy that may arise with respect to the condition of the Property as of the
conveyance date of this Easement.
3. Ri¢hts of Grantees. To accomplish the Purpose of this Easement, the
following rights are hereby conveyed to Grantees:
a. To preserve and protect the Conservation Values;
b. To enter upon the Property at reasonable times to monitor
Grantor's compliance with and, iP necessary, to enforce the terms of this Easement;
provided that such entry shall be upon prior reasonable notice to Grantor, and Grantees
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property;
c. To prevent any activity on or use of the PropeRy that is
� inconsistent with the Purpose of this Easement and to require the restoration of such areas
or features of the Property that may be damaged by any inconsistent use; and
d. To have all other rights conveyed by this Easement.
4. Reserved Ri h�ts. Grantor reserves to Grantor, and to Grantor's personal
representatives, heirs, successors, and assigns, all rights accruing from Grantor's
ownership of the Property, including the right to engage in or permit or invite others to
engage in all uses of the Property that are not prohibited or restricted herein and that do
• not substantially diminish or impair the Conservation Values. Grantor retains the right to
comply with 42 U.S.C. §§12101 et. sey. as applicable and in accordance with the
Conservation Values and consistent with the Purpose of this Easement. Withoul limiting
' the generality of the foregoing, the Grantor reserves the right to engage in the following
activities, so long as they are undertaken in compliance with applicable local, state and
federal laws and regulations and pursued in a manner that does not substantially diminish or
impair the Conservation Values:
a.) Agriculture. Grantor retains the right to conduct agricultural operations on the
, Property, and to lease lands with appurtenant Water Rights for agriculture, in a
manner consistent with sound farming and range management practices so as not
� Red Ridge Ranch Cunservation EasemeN 4
January 29,2013
BUS_RE\4444281.1 . � �
to cause significant soil erosion or low soil quality. Permitted agricultural .
operations include grazing and raising of horses and livestock, maintenance of
existing pasturelands, cultivation and raising of crops, and all other agricultural
activities not inconsistent with protection of the long-term ecological viability of
the land.
The following agricultural practices are considered inconsistent with the Purposes
of this Easement, and are therefore prohibited on the Property: (1) commercial
feed lots, defined as confined azeas or facilities within which the Property is not .
grazed or cropped annually for purposes of extended feeding and finishing of
large numbers of livestock for commercial reception and feeding of livestock, and
other intensive growth livestock farms, such as dairy, swine, or poultry farms; (2)
clearing or conversion of native rangeland or habitat to create new pastures; (3)
tree 1'arms, sod farms, nurseries, fish hatcheries or aquaculture; (4) commercial
equestrian boarding.
If agricultural operations on the Property cease in the future, Grantor agrees to
reseed heavily disturbed areas and take other measures necessary to establish
native or non-invasive ground cover to prevent the spread of noxious weeds. The
parties agree that agricultural operations may resume at any time thereafrer.
b.) Reserved Development Rights.
i.) Activiry Envelope. Grantor retains the right to construct a structure or
structures not to exceed a total of 2,000 squaze feet in floor azea, to be used
for a residence or facility that complements the operations of the Property
and in compliance with the Management Plan described in Pazagraph 6'
Such structures will be.located within a five(5) acre Activiry Envelope
("Activitv Envelope") to be located in the vicinity of the former Glassier
homesite, as identified on Exhibit B, or in another location mutually agreed
on by all parties provided that such Activity Envelope is located along the
access road identified in Exhibit B, and the relocation does not result in �
substantial impacts to the Conservation Values.
ii.) Utilities. This Easement is granted subject to existing utiliry lines and
easements described in Exhibit D. Grantor reserves the right to establish
utilities to serve the Activity Envelope, provided that such envelope shall be
located either along an existing road or in a location approved by Grantees.
rii.) Agricultural Structures. Grantor retains the right to eonstruct, replace,
enlarge, relocate and maintain structures for agricultural purposes (such as
hay sheds, loafing sheds or water tanks). No covered agricultural structures
shall be constructed in the wetlands, riparian areas, or upland hills of the
Property.
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January 29,2013
13U5_RE\4444281.1 . .
iv.) Irri�ation Improvements. All existing ditch or irrigation structures, and
other improvements are generally iden[ified on the map attached hereto as
Exhibit B. With Grantees' approval, existing ditch or irrigation structures,
and improvements may be replaced and reasonably enlarged in their
current locations or other such locations that Grantees determine.do not
substantially diminish or impair the Conservation Values. Grantor may
maintain and repair existing ditch or irrigation sYructures and
improvements without Grantees' approval. Grantor intends to replace
portions of the irrigation system in order to separate delivery of water for
Parcel 2 of the Red Ridge Ranch Subdivision, and may make other
modifications to the system to improve its efficiency. Such modifications �
aze deemed consistent with the Purposes of this Easement To the extent
practical, any area which is disturbed by irrigation improvements must be
revegetated and restored to a natural condition promptly afler completion
of the irrigation improvements.
v.) Recreational Structures. Low-impact recreation structures, including but
not limited to benches, picnic tables, open-sided shade or rain shelters,
public restrooms or port-a-pots, and interpretive signage for public use,
enjoyment or education ara permitted on the Property in a location and
manner consistent with the Purposes of the Easement. All recreational
structures will be constructed in accordance with the Management Plan
and will be consistent with the Purposes and terms of this Easement.
Athletic fields, golf courses or ranges, race tracks, airstrips, helicopter
pads, and shooting ranges are prohibited.
vi.) Trails. Grantor reserves the right to'develop natural-surfaced recreational
trails not to exceed ]0 feet in width for non-motorized, non-commercial
recreational uses including; hiking, biking, horseback riding, cross country
skiing, snowshoeing, guided tours, outdoor or agricultural education
programs, and other public uses specified in the Management Plan, which
use Grantor may restrict as provided in Paragraph 12.
' vii.) Fencina. Grantor may maintain; repair, and replace existing fences and
erect new fences on the Proper[y, provided such new or replaced fencing
is consistent with then-current Colorado Parks and Wildlife ("CPW")
guidelines for fencing in a wildlife migration area so as to permit the
movement of wildlife across the PropeRy, and is consistent with the
Purposes of this Easement.
viii.) Mobile Homes Af t6e time of conveyance of this Easement, two mobile
homes exist on the Property, in locations identified on Exhibit B.
Residential use of these mobile homes may continue unti An,u. 29 2014.
B� wr 2 , 2014, the mobile homes and all associated struct res shall
be remo ed. After the mobile homes are removed, Grantor may restore
the area with native vegetation, or to agricultural use, or may seek to
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BUS RE\4444281.1
relocate the activity envelope to this vicinity. Grantor shall notify Grantee
when the mobile homes are removed.
c.) Forest and Ve�etation Mana e�. Selective cutting, thinning and buming of
trees and vegetation on the Property is permitted to control fire danger, insects,
disease and weeds; to prevent personal injury and property damage; for
construction of permitted fences, trails, roads or structures; or to maintain the
health of the wildlife habitat or ecosystem. Clear cutting or any management
activities performed for commercial purposes, or with the potential to damage
riparian areas, contribute to erosion, or negatively impact the scenic or wildlife
Conservation Values of the Property are prohibited. Reforesting or re-vegetation
of the Property is permitted so long as reforesting and re-vegetation does not
substantially diminish or impair the Conservation Values.
d.) Recreation. Public non-motorized recreational uses of the Property along
designated routes and to public facilities, and as otherwise described in the
Management Plan provided for in Paragraph 6.
e.) Sienaee. Signs informin� the public of funding partners that participated in the
pwchase oP the Property, directing the public to facilities and recreational access
points on the Property, and relating to agricultural activities on the Property are
permitted. No signs shall significantly diminish or impair the Conservation
Values.
£) Weed Control. Grantor agrees to control noxious weeds and invasive plant
species on the Property in accordance with the Colorado Noxious Weed Act,
C.R.S. §§ 35-5.5-]O1 et seq. as amended, and other applicable laws, and shall not
intentionally introduce noxious weeds or invasive species to the Property.
5. Prohibited and Restricted Uses. Any activity on or use of the Property
inconsistent with the Purpose of this Easement is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are expressly prohibited, or
restricted as set forth below:
a. Development Rights. To fulfill the Purpose of this Easement,
Grantor hereby conveys to Grantees all development rights deriving from, based upon or
attributable to the Property in any way ("Grantees' Develo ment Ri hts"), except those
� expressly reserved by Granror herein, and the parties agree that Grantees' Development
Rights shall be held by Grantees in perpetuity in order to fulfill the Purpose of this
Easement, and to ensure that such rights are forever released, terminated and
extinguished as to Grantor, and may not be used on or transferred off of the Property to
any other property or used for the purpose of calculating permissible lot yield of the
Property or any other property. The construction of any building, structure or other
improvement, except as permitted in Paragraph 4(b), is prohibited.
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January 29,2013
BUS_RE\4444281.I
b. Subdivision. The parties agree that the division, subdivision or de
facto subdivision of the Property, whetber by legal or physical process, into two or more
parcels of land or partial or separate interests is prohibited. At all times the Property shall
be owned and conveyed as a single parcel which shall be subject to the provisions of this
Easement. Ownership of the single parcel by joint tenancy or tenancy in common is
permitted; provided, however, that Grantor shall not undertake any legal proceeding to �
partition, subdivide or divide in any manner such undivided interests in the single parcel.
c. Timber HarvestinQ. Commercial timber harvesting is prohibited.
Trees may be cut to control insects and disease, to control invasive non-native species
and to prevent personal injury and properiy damage, and as permitted in Paragraph 4(c).
d. Mining.
(1) The exploration, mining, or extraction of minerals, oil, gas, or
other hydrocarbons, soils, sands, gravel, rock, or other materials on or below the surface
of the Property by Grantor is prohibited. Grantor, its heirs, successors, transferees or
assigns shall not transfer, lease ar otherwise separate the soil, sand, gravel, rock, oil,
natural gas, fuel or any other mineral substance from the PropeRy. A minerals
assessment repoR was completed by Rare Earth Science dated September 5, 2012. The
report concludes that, as of the date of this Easement, the probability of extraction or
removal of minerals from the Property by any surface mining method is so remote as to
be negligible.
(2)Notwithstanding any of the 1'oregoing to the contrazy, soil,
sand, gravel or rock may be extracted upon written notice to but without further
permission from Grantees, so long as such extraction is solely for use on the Property for
non-commercial purposes, is in conjunction with activities permitted herein, is
accomplished in a manner which is consistent with the Purpose of this Easement, and
does not substantially diminish or impair the Conservation Values. Any such extraction
shall be limited to an area less than one-half acre in size at any given time. Any area
which is disturbed by extraction must be re-vegetated and restored to a natural condition
promptly afrer completion of extraction.
e. Pavine and Road and Trail Construction. No portion of the
Property shall be paved or otherwise covered with concrete, asphalt, nor any other paving
material, nor any new road constructed without Grantees' approval. The existing road
identified on Exhibit B may be improved or expanded as permitted by the Access,
Utilities and Irrigation Structures Easements Agreement recorded at Reception No.
�0)3 01 fr Sb of Eagle County Records on January Zq , 2013. The new trail identified on
Exhibit B, and other new trails identified in the Management Plan, may be constructed,
improved, repaired or replaced in accordance with Paragraph 4(b).
f. 1'rash. The dumping or accumulation of any kind of trash or refuse
on the Property, including but not limited to household trash and hazardous chemicals, is
prohibited. Limited dumping or accumulation of other farm-related trash and reFuse
Rcd Ridge Ranch Conservation Eascmcnt g
January 29,2013
I3US_RE\4444281.1
produced on the Property is permitted, provided that such dumping does not substantially
diminish or impair the Conservation Values, and is confined within a total area less than
one-quarter acre in size at any given time. This paragraph shall not be interpreted to
prevent the storage of agricultural products and by-products on the Property in
accordance with all applicable government laws and regulations.
g. Motorized Vehicles. Motorized use of the existing road is
permitted. Motorized vehicles may be used only in conjunction with activities permitted
by this Easement and in a manner that does not substantially diminish or impair the
Conservation Values. Off road vehicle courses for snowmobiles, all-tenain vehicles,
motorcycles, or other motorized vehicles are prohibited.
h. Commercial or Industrial Activitv.
(1) No industrial uses shall be allowed on the PropeRy.
(2) Commercial uses are prohibitcd except in compliance with the
Management Plan and as approved by Grantees pursuant to
Paragraph 7, provided that such approval is based on a finding that
such activities do not significantly impact the Conservation Values
1 of the Property, and those that are customary to agricultural
operations including but not limited to Community Supported
Agriculture, community gardens, agricultural educational
programs or other agricultural activities that are consistent with the
Purpose of this Easement. Any agricultural structure associated
with such commercial agricultural operations must be approved by
Grantees, provided that such approval is based on a finding that
such activities do not significantly impact the Conservation Values
of the Property.
i. Sienaee or Billboards. No signs or billboard shall be displayed or
placed on the Property, except as permitted by Paragraph 4(e).
. j. Water Ri�hts:
(1) Water Rights Included. The Property includes any and all water
and water rights beneficially used on the Property that are owned by the Grantor
including surface water rights and groundwater rights, whether tributary, nontributary or
not-nontributary, decreed or undecreed, and all ditches, head gates, springs, reservoirs,
water allotments, water shares and stock certificates, contracts, units, wells, easements
and rights of way associated therewith (the "Water Ri h�ts") including, but not limited to;
those water rights or interests specifically described in Exhibit E attached hereto. Some
or all of the Water Rights are represented by shares in a mutual ditch or reservoir
company. Grantor has provided sixty (60) days notice in accordance with the applicable
requirements of the mutual ditch or reservoir company, including but not limited to its
articles of incorporation and bylaws, as required by C.R.S. 38-30.5-104(5), prior to
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l3US_RE\4444281.1 -
granting this Easement. The parties agree that it is appropriate to include the Water
Rights in this Easement pursuant to C.R.S. § 38-30.5-102. Grantor shall retain and
reserve the right to use the Water Rights or that portion sufficient to maintain and
improve the Conservation Values, and shall not transfer, encumber, lease, sell or
otherwise separate water rights necessary and sufficient to maintain and improve the
Conservation Values from title to the PropeRy.
(2) Permitted Water Uses. Grantor shall have the right to continue
recent historic use of the Water Rights on the Property for inigation, agricultural
purposes, and protection and preservation of the Conservation Values.
� (3) Restrictions on Water Ri h�ts. The Water Rights may not: (1) be
changed to or used for municipal, industrial, or commercial uses or any other new uses;
(2) be changed for use other than on the Property; (3) be sold or legally separated from
Ihe Property; or (4) be changed via a change in point of diversion, quantity, or type or
place of use, except upon receipt of the Grantees' written determination that such changes
are consistent with the Purposes of this Easement.
(4) Protection of Water Ri�. If Grantor fails to continue the recent
historical use of the Water Rights on the Property in such a way that the Water Rights
should become subject to a threat of abandonment, by action or inaction, Grantor shall
provide the Grantees a copy of any written notice received from any s[ate water official
concerning the use, or possible abandonment, of the Water Rights. If the Grantees
discover that the Water Rights are subject [o a threat of abandonment, the Grantees shall
give Grantor written notice of such [hreat. If, and only if,Grantor fails to cure the threat
of abandonment within 90 days of receiving such notice from the Grantees or state, the
Grantees shall, in addition to any other remedies available to the Grantees under this
Easement or law, have the right, but not the obligation, to: (1) enter upon the Property
and undertake any and all actions reasonably necessary to continue the historical use of
the Water Rights; (2) seek removal of the Water Rights from the decennial abandonment
list (3) seek to change the Water Rights to another use consistent with the Purposes of
this Easement; and (4) sell, lease or otherwise convey all or part of such Water Rights to
the Colorado Water Conservation Board or other then-qualified entity for the specific
conservation purpose of protecting or enhancing instream flows or water levels in
streams, rivers, lakes and/ar reservoirs. Grantor agrees to cooperate in any manner
necessary to accomplish the Grantees' election, which may include authorizing the
Grantees to file for and obtain any administrative or judicial approvals.
(5) Effect of Loss. No loss of Water Rights through injury or
abandonment, or conversion of the Water Rights as set forth above, shall be considered a
severance of the title to the Water Rights from the Property or as basis for extinguishment
of this Easement.
(6) Instream Flow Use of Water Rights. The parties recognize that
certain environmental conditions, such as drought may pose a greater threat to the
environmental quality and ecological diversity of streams, rivers, lakes and reservoirs ,
Red Ridge Rtmch Conservation Easement 1 Q
� January 29,2013
I3US RE\4444281.1
than to the Conservation Values. The parties therefore agree that Grantor may enter into
water leases, contracts, emergency water loans, or similar agreements with the Colorad0
Water Conservation Board or other entity for conservation purposes to increase instream
flows and/or water levels in streams, rivers, lakes, and/or reservoirs, provided that the
Grantees have given their approval to such arrangements.
k. Alternative EnerQy. The installation of alternative energy
improvements including wind turbines, photovolatic panels, biofuel plants or other clean
energy technologies may occur within a two (2) acre area within the Activity Envelope to
support uses permitted on the PropeRy (and not for third paRy uses and needs) and as
approved by Grantees pursuant to Paragraph 7 of this Easement. The design and location
of such improvements within the Activity Gnvelope shall minimize impacts to the
Conservation Values. Any limited renewable energy generation systems proposed for the
Property must be sized to support permitted uses on the Property and not third party uses
or needs. Any incidental excess energy not consumed by Grantor may be sold, conveyed
or credited to a provider of retail service to the extent permitted by Colorado law.
� 6. Land Manaeement/ Management Plan. To facilitate periodic
communication between Grantor and Grantees about management issues that may impact
the Conservation Values, the Property shall be operated and managed in accordance with
a "Management Plad'jointly prepared by Grantor and Grantees. The Management Plan,
which plan shall be initially agreed upon within one year of the date of this Easement and
shall be reviewed at least every five years thereafrer and updated if any party determines
an update is necessary. A copy of the final Management Plan shall be provided to the
Board by the parties.
7. Grantor Notice and Grantees Approval. The purpose of requiring Grantor
to notify Grantees prior to undertaking certain permitted activities is to afford Grantees
an opportunity to ensure that the activities in question are designed and carried out in a
manner consistent with the Purpose of this Easement. Whenever notice is required,
Granror shall notify Grantees in writing not less than sixty (60) days prior to the date
Grantor intends to undertake the activity in question. The notice shall describe the nature,
scope, design, location, timetable, and any other material aspect of the proposed activity
in sufficient detail to permit Grantees to make an informed judgment as to its consistency
with the Purpose of this Easement. Where Grantees' approval is required, Grantor shall
not undertake the requested activity until Grantor has received Grantees' approval in
writing. Grantees shall grant or withhold its approval in writing within sixty (60) days of
receipt of Grantor's written request therefor and submittal of sufficient supporting details
as described above, and Grantees' failure to approve Grantor's proposed activities during
such period of time shall constitute a withholding by Grantees of Grantees' approval.
Grantees' approval may be withheld only upon Grantees' reasonable determination that .
the activity as proposed would substantially diminish or impair the Conservation Values
or would be inconsistent with the Purpose of this Easement.
Rcd Ridge Ranch Conservation I:asemen[ 1 1
January 2Q 2013 �
BUS RE\4444281.1
8. Enforcement. If Grantees find what is believed to be a violation of this
Easement, Grantees shall immediately notify Grantor and the Board in writing of the
nature of the alleged violation. Upon receipt oP this written notice, Grantor shall either:
a. Restore the Property to its condition prior to the violation; or
b. Provide a written explanation to Grantees of the reason why the alleged
violation should be permitted, in which event the parties agree to meet as soon as possible
to resolve their differences. If a resolution cannot be achieved at the meeting, the parties
agree to meet with a mutually acceptable mediator to attempt to resolve the dispute.
Grantor shall discontinue any activity that could increase or expand the alleged violation
during the mediation process. Should mediation fail to resolve the dispute, Grantees may,
at its discretion, take appropriate legal action. When, in Grantees' opinion, an ongoing or
imminent violation could ineversibly diminish or impair the Conservation Values,
Grantees may, at any co-holder's discretion, take appropriate legal action without
pursuing mediation. If a court with jurisdiction determines that a violation is imminent,
exists, or has occuned, Grantees may get an injunction to stop such violation, temporarily
or permanently. A court may also issue an injunction to require Grantor to restore the
Property to its condition prior to the violation. The Board shall in no event be required to
parlicipate in any mediation.
9. Costs of Enforcement.' Any costs incurred by Grantees in enforcing the
terms of this Easement against Grantor, induding, without limitation, costs of suit and
attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the
terms of this Easement shall be borne by Grantor. If Grantor prevails in any action to
enPorce the terms oF this Easement, Grantor's costs of suit, including, without limitation,
attorneys' fees and expenses, shall be borne by Grantees.
]0. No Waiver or Estouvel. Forbearance by Grantees to exercise their rights
under this Easement in the event of a violation of any term shall not be deemed or
construed to be a waiver by Grantees of such term or of any subsequent violation of the
same or any other term of this Easement or of any of Grantees' rights under this
Easement. No delay or omission by Grantees in the exercise of any right or remedy upon
any violation by Grantor shall impair such right or remedy or be construed as a waiver.
Grantor hereby waives any defense of laches, estoppel, or prescription, including the one
year statute of limitations for commencing an action to enforce the terms of a building
restriction or to compel the removal of any building or improvement because of the
violation oPthe same under C.R.S. § 38-41-119, et sey.
11. Acts Beyond Grantor's Control. Nothing contained in this Easement shall
be construed to entitle Grantees to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, ar from any prudent action
taken by Grantor under emergency conditions to prevent, abate, or mitigate significant
injury to the.PropeRy resulting from such causes. Notwithstanding the foregoing, the
Grantor shall take reasonable efforts to prevent third parties from performing, and shall
Red Ridge Ranch Conservation Euemenl 1 Z
January 29,2013
BUS �RE\4444281.1
not knowingly allow third parties to perform, any act on or affecting the Property that is
inconsistent with the Purpose of this Easement. .
12. Access. The general public shall have access to the Property, subject to
any restrictions or regulations imposed in the Management Plan by or as otherwise
mutually agreed on by the parties as necessary and appropriate to protect public health
and safety (including closures during construction, maintenance, or for emergency or
administrative purposes), and to protect the Property's scenic and natural Conservation
Values (including seasonal closures to protect big game migration corridors and winter
range). �
13. Costs and Liabilities. Grantor retains all responsibilities and shall bear all
costs and liabilities of any kind related to the ownership, operation, upkeep, and
maintenance of the Property, including weed control and eradication and including the
maintenance of adequate comprehensive general liability insurance coverage. Grantor
shall keep the PropeRy free of any liens arising out of any work performed for;materials '
furnished ro, or obligations incurred by Grantor.
14. 1'axes. Grantor shall pay before delinquency all taxes, assessments, fees, •
and charges of whatever description levied on or assessed against the Property by
competent authority (collectively "taxes"), including any taxes imposed upon, or incurred
as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of �
payment upon request. '
I5. Hold Harmless. Grantor shall hold harmless, indemnify, and defend
Grantees and the Board and the members, directors, officers, employees, agents, and
contractors and the-heirs, representatives, successors, and assigns of each of them
(collectively `9ndemnified Parties") from and against all liabilities, penalties, costs,
losses, damages, expenses, causes of action, claims, demands, or judgments, including,
without limitation, reasonable attorneys' fees, arising from or in any way connected with:
(1) injury to or the death of any person, or physical damage to any property, resulting
from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause, unless due solely to the negligence of any of the
Indemnified Parties; (2) the obligations specified in Paragraph 9 herein; and (3)the
presence or release of hazardous or toxic substances on, under or about the Property. For
the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or
toxic substance that is regulated under any federal, state or local law. Without limiting
the foregoing, nothing in this Easement shall be construed as giving rise to any right or
ability in Grantees or the Board, nor shall Grantees or the Boazd have any right or ability,
to exercise physical or managerial control over the day-to-day operations of the PropeRy,
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.
16. Co-Holder ARreement.
Rcd Ridgc Ranch Conserva[ion Easement 13
January 29,2013
B US_RE\444428 L I
a. Lead AgencvBoard Liaison. Eagle County shall be appointed as the Lead
Agency for the Grantees. The Lead Agency shall be responsible for
annual monitoring visits, maintenance of baseline informaiion and
stewardship files, and �eceiving Grantor notices and requests for approval
under the Easement, which notices and requests shall be reviewed jointly .
by the Grantees. Eagle County is appointed as the Liaison with the Board
for the purposes of any communications related to administration of this
Easement. The Town of Basalt shall inform Eagle County of any matter
arising under the terms of the Easement which requires notice or other
communication with the Board. Eagle County will promptly forward any
such information to the Board, and will also promptly forward any
inFormation received from the Board in regard to the Property to the other
' Co-Holder. "fhe duties of Lead Agency or the Board liaison may be
reassigned as agreed upon by Co-Holders.
b. Joint ManaQement of Conservation Easement. In deciding upon
discretionary actions and expenses, or responding to requests from the
Grantor or its successors or assigns relating to the Conservation Easement,
including any request to amend the Easement, the Grantees shall use good
faith efforts to implement a course of action agreeable to all consistent
with the Conservation Values set forth in the Easement, including
reference to the Baseline Study. Provided, however, if either Co-Holder
does not agree to a request from the Grantor or its successors or assigns,
the request shall be deemed to be denied.
c. Enforcement. In deciding upon whether to initiate enforcement actions
concerning enPorcement of the terms and conditions of the Easement, the
Grantees shall use good faith efforts to implement a course of action
agreeable to all. Provided, however, in the event that the Grantees are
unable to reach agreement on such actions, any party may, acting
individually and at its sole discretion and expense, undertake such action
as is otherwise consistent with the Easement, without any right to
contribution from the other.
d. Inabilitv to A�. In the event that the Grantees are unable to reach
agreement on any actions and expenses, either party may, at its sole
discretion and expense, undertake such action as is otherwise consistent
with the Easement and pursuant to the terms set forth herein. Nothing in
this paragraph shall be construed as applying to or in any way affecting
land use jurisdiction of any Co-Holder.
17. Real Propertv Interest. This Easement constitutes a real property interest
immediately vested in the Grantees, the value of which has not been determined as of this
date.
a. Allocation of Proceeds. Should the Easement be taken for public use or
otherwise terminated according to the Extinguishment and Condemnation
' paragraphs below, Grantees and the Board shall be entitled to
compensation for their proportionate interests, which shall reflect the
Red Ridge Ranch Conservation Fuement 14
January 2Q 2013
L3US_RE\4444281J
�
proportionate monetary contribution of each toward the $5,000,000
purchase price of Ihe PropeRy, which is as follows; the Board's is 12%,
the Town of Basalt's is ]0%, Eagle County's is 40%, MidValley Trails
Committee's is 1%, and the balance of the interest (37%) is held by
Grantor.
b. Reinvestment of Proceeds. In the event the Easement shall be wholly or
partially extinguished, whether by condemnation or otherwise, the
proceeds from such extinguishment shall be reinvested as determined by
� each paRy in their sole discretion in improvements to or stewardship of the
Property or shall be returned to the dedicated funds from which the
original contributions were derived, or otherwise reinvested in projects
- with purposes similar to this Easement.
18. Condemnation or Other Extinguishment. If this Easement is taken, in
whole or in part, by exercise of the power of eminent domain, or if ciroumstances arise in
the future that render the Purpose of this Easement impossible to accomplish, this
Easement can only be terminated, whether in whole or in part, by judicial proceedings in
a court oP competent jurisdiction. Each party shall promptly notiFy the other party and
the Board in writing when it first learns of such circumstances. Grantees shall be entitled
to full compensation for their interest in any portion oF this Easement that is terminated as
a result of condemnation or other proceedings. Grantees' compensation shall be
consistent with Pazagraph 17(a). Grantees shall use their respective proceeds as specified
in Pazagraph 17(b).
19. Assignment.
a. This Easement is transferable, but Grantees may assign their rights and
obligations under this Easement only to an organization that:
(1) is a qualified organization at the time of transfer under Section
170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision
then applicable), and the applicable regulations promulgated thereunder; .
(2) is authorized to acquire and hold conservation easements under
Colorado law;
(3) agrees in writing to assume the responsibilities imposed on
Grantees by this Easement; and
(4) is approved in writing as a transferee by the Board in its sole
and absolute discretion. Grantees shall provide the Board with a written request to assign
the Easement at least foRy-five (45) days prior to the date proposed for the assignment
transaction.
Red Ridge Ranch Conservation Lasement 15
January 29,2013
13US_RE\4444281.1
b. The Board shall have the right to require either Co-Holder to assign its
rights and obligations under this Easement to a different organization if that Co-Holder
ceases to exist; is unwilling, unable, or unqualified to enforce the terms and provisions of
this Easement; or is unwilling or unable to effectively monitor the Property for
compliance with this Easement at least once every calendar year. Prior to any assignment
under this Paragraph 19.b., the Board shall consult with Grantees and provide Grantees
an opportunity to address the Board's concems. If the Board's concerns are not addressed
to its satisfaction, the Board may require that Grantees assign this Easement to an
organization designated by the Board that complies with Paragraph 19.a.(1), (2), and (3)
above.
c. If Grantees desire to transfer this Easement to a qualified organization
having similar purposes as Grantees, but Grantor or the Board has refused to approve the
transfer, a court with jurisdiction shall transfer this Easement to another qualified
organization having similar purposes that agrees to assume the responsibility imposed on
Grantees by this Easement, provided that Grantor and the Board shall have adequate
notice of and an opportunity to participate in the court proceeding leading to the court's
decision on the matter.
d. Upon compliance with the applicable portions of this Paragraph 19, the
paRies shall record an instrument completing the assignment in the records of the county
or counties in which the Property is located. Assignment of the Easement shall not be
construed as affecting the Easement's perpetual duration and shall not affect the
EasemenYs priority against any intervening liens, mortgages, easements, or other
encumbrances.
20. Subsequent transfers. Grantor shall notify Grantees immediatel}� of the
transfer its interest in the Property and, to the extent possible, shall give Grantees thirty
(30) days notice prior to any such transfer. Grantor shall incorporate by reference the
terms and conditions of this Easement in any deed or other legal instrument by which it
divests itself of any interest in the Property. Notwithstanding the foregoing, Pitkin
County shall consult with Eagle County and Town oPBasalt�in advance of any proposed
' transfer of its interest in the Property ro ensure compliance with those agencies' then
current policies and resolutions on the transfer of open space acquired in whole or in part
through their Open Space Programs. The failure of Grantor to perform any act required
by this paragraph shall not impair the validity of this Easement or limit its enforceability
in any way.
,
21. Additional Board Refund. The Board's Grant has provided partial
consideration for Grantor's acquisition of fee title to the Property, associated water rights,
and/or partial real estate interest in the Property above and beyond this Easement;
therefore, any voluntary sale, conveyance, transfer, or other disposal of all or any portion
of Grantor's interest in the Property or associated water rights ("Sale"), excluding any
lease of the Property or the water rights to a third party in the ordinary course of using the
Property for permitted purposes, shall constitute a material change ro the Grant that shall
require prior written Board approval and may require a separate refund to the Board of an
Red Ridge Ranch Conservation Hasemcnt �6
� January 2Q 2013 �
HUS RE\444428L1 �
amount to compensate the Board for use of the Board's Grant, plus administrative costs
(the "Additional Board Refund"), in addition to any payment that the Board may be
entitled to receive under Paragraphs 17 and 18 above.
21. Notices. Any notice, demand, request, consent, approval, or
communication that either party or the Board is required to give ro the other in writing
shall be either served personally or sent by first class mail, postage prepaid, addressed as
follows:
To Grantor:
Pitkin County Board of County Commissioners
c/o Open Space and Trails Director
530 East Main Street
Aspen, Colorado 81611
To Grantee:
Eagle County Open Space Director
PO Box 850
500 Broadway
Eagle, Colorado 81631
With a copy to:
Eagle County Attorney's Office
PO Box 850
500 Broadway
Eagle, Colorado 81631
And
Town of Basalt
c/o Town Manager
101 Midland Avenue
Basalt, Colorado 81621
To the Board:
Executive Director
State Board of the Great Outdoors Colorado Trust Fund
303 E. 17th Avenue, Ste 1060
Denver, CO 80203
or to such other address as any party or the Board from time to time shall designate by
written notice to the other.
Rcd Ridgc Ranch Conservation Eazement 1� �
January 29,2013
13US RG\4444281.1 '
22. Renresentations and Warranties. Grantor represents and warrants that, to
its knowledge and without duty of inquiry:
a. No substance defined, listed, or otherwise classified pursuant to any
federal, state, or local law, regulation or requirement as hazardous, toxic,
polluting, or otherwise threatening to human health or the environment
exists or has been used or released on Ihe Property;
b. There are not now any 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;
c. . Grantor and the Property are in compliance with all federal, state, and
local laws, 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;
d. Grantor has good and sufficient title to the Property and has lawful
authority to grant and convey the Easement, that any mortgages or liens on
the Property are subordinate ro the terms of this Easement, and that
Grantor shall warrant and forever defend title to the Easement against all
and every person or persons lawfully claiming by, through and under
Grantor the whole or any part thereoF, except for rights-of-way,
easements, restrictions, covenants and mineral reservations of record.
23. Subsequent Liens on the Property. No provisions of this Easement shall
be construed as impairing the ability of Grantor to use the Property as collateral for
subsequent borrowing, provided that any mortgage or lien arising from such a borrowing
shall be subordinate to this Easement.
24. Recordine. Grantees shall record this instrument in a timely fashion in the
official records of each county in which the Property is situated, and may re-record it at
any time as may be required to preserve its rights in this Easement.
25. General Provisions. •
a. Controlling Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the
grant to effect the Purpose of this Easement and the policy and purpose of
C.R.S. §38-30.5-101, et seq. [f any provision in this instrument is found to
�
be ambiguous, an interpretation consistent with the Purpose of this
Red Ridge Ranch Conservution L'asement �g
January 29,2013 '
QUS_RE\444428I.I ,
Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
c. Severabilitv. If any provision of this Gasement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the
provisions of this Easement, or the application of such provision to
persons or circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement This instrument sets forth the entire agreement
between Grantor and Grantees with respect to the Easement and
supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement, all of which are merged herein.
f. Joint Obli a¢ tion. The obligations imposed upon the Grantor and Grantees
of this Easement shall be joint and several in the event that more than one
entity or individual holds either interest at any given time.
g. Non-Mer¢er. This Easement shall not be interpreted as creating a right of
Grantees to acquire fee simple title to the Property. Nonetheless, if
Grantees wish to acquire fee title to the Property or any additional interest
in the Property (such as a leasehold), Grantees must first obtain the written
approval of the Board. As a condition of such approval, the Board may
require that the Grantees first transfer the Easement to another qualified
organization consistent with Paragraph 19 above.
h. Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective personal representatives, heirs, successors, and
assigns and shall continue as a servitude running in perpetuity with the
Property.
i. Termination of Riehts and Obli atg ions. Each party's rights and
obligations under this Easement terminate upon transfer of such party's
interest in the Easement or the Property, except that liability for acts or
omissions occurring prior to transfer shall survive transfer.
j. Captions. The captions in this instrument have been inserted solely for �
convenience of reference and are not a paR of this instrument and shall
have no effect upon its construction or interpretation.
k. No Third Partv Beneficiaries. This Easement is entered into by and �
between Grantor and Grantees, and is solely for the benefit of Granror,
Grantees, and the Board and their respective successors and assigns for the
purposes set forth herein, and does not create rights or responsibilities in .
any third parties beyond Grantor, Grantees, and the Board.
Red Ridge Ranch Conservation Basemenl 1(�
January 29,2013
13US_RE\4444281.I -
I. Amendment. If circumstances arise under which an amendment to ar
modification of this Easement or any of its exhibits would be appropriate,
Grantor and Grantees may jointly amend this Easement so long as the
amendment (a) is consistent with the Conservation Values and Purpose of
this Easement, (b) does not affect the perpetual duration of the restrictions
contained in this Easement, (c) does not affect the qualifications of this
Easement under any applicable laws, (d) complies with Grantees' and the
Boazd's procedures and standards for amendments (as such procedures
' and standards may be amended from time to time) and (e) receives the
Board's prior written approval. Any amendment must be in writing,
signed by all parties, and recorded in.the records of the Clerk and
Recorder of the county or counties in which the Property is located. In
order to preserve the Easement's priority, the Board may require that the
Grantees obtain subordinations of any liens, mortgages, easements, or
other encumbrances. For the purposes of the Board's approval under item
(e) above, the term "amendment" means any instrument that purports to
alter in any way any provision of or exhibit to this Easement. Nothing in
this paragraph shall be construed as requiring Grantor or Grantees or the
Board to agree to any particular proposed amendment.
m. Change of Conditions. A change in the potential economic value of any use
that is prohibited by or inconsistent with this Easement, or a change in any
cunent or future uses of neighboring properties, shall not constitute a
change in conditions that makes it impossible for continued use of the
Property for conservation purposes and shall not constitute grounds for
terminating the Easement in whole or in paR.
� n. Termination of the Board. In the event that Article XXVII of the
Colorado Constitution, which established the Board, is amended or
repealed to terminate the Board or merge the Board into another entity, the
rights and obligations of the Board hereunder shall be assigned to and
assumed by such other entity as provided by law, but in the absence of
such direction, by the Colorado Department of Natural Resources or its
successors.
o. Authority to Execute. Each party represents to the other that such party
has Pull power and authority to execute, deliver, and perform this
Easement, that the individual executing this Easement on behalf or 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.
. p. Count,y ApprovaL Although Eagle County has a property interest as .
described in this Easement, nothing in this Easement shall be construed to
mean that any uses, structures or construction permitted herein have been
Rcd Ridge Ranch Conserva�ion Easement ZO
January 29,2013
13US Rfi\444428L1
given approval by Eagle County in its governmental capacity. To the
extent that any provision of this Easement differs from the land
use regulations of Eagle County, the more restrictive provision shall apply.
Grantor shall be solely responsible for obtaining all other approvals
necessary Por the lawful use of the Property.
q. Annual Appropriation. To the extent that any financial obligation of this
Easement is subject to the multiple fiscal year obligations as set forth in
Article 10 oPthe Colorado Constitution or C.R.S. Section 29-1-1 ]0, such
obligation may be subject to annual appropriation. Nothing in this
paragraph 25(q) shall prevent Grantees from enforcing the Easement in
accordance with its terms, despite failure by Grantor to appropriate funds.
TO HAVE AND TO HOLD unto Grantees, Iheir successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantees have executed this Deed of
Conservation Easement on the day and year first written above.
GRANTOR
BOARD OF COLJNTY COMMISSIONERS OF PITKIN COUNTY, Colorado,
a bod corporate and pol'tic
By:
George Newi an, Ch ir
STATE OF COLORADO ) ,
)ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged before me on January�', "L013, by
George Newman, Chair of the BOARD OF COIJNTY COMMISSIONERS OF PI"I'KIN
COUNTY, Colorado, a body corporate and politic. ``����������,
.�`•```,ane.A:.�c��•�
Witness my hand and official seal.
My Commission Expires _ . ��``�P,r. '• :
My commission expires: Au ust 4 = : �°— _
� ���; •'�G[.t� ..;' �
:�w�,'• o �.
-' a .
( Notary Public ���'�i°;io;o`;��`�
Rcd Ridge Ranch Cnnscrvation Hascmcnl 21
January 29,2013
6U5_RE\4444281.1
ACCEPTED by GRANTEES:
EAG COUNTY, LORADO
By:
Jon t nev
Chai an, Board of County Commissioners
STATE OF COLORADO )
� )ss. �
COUNTY OF EAGLE )
The foregoing document was acknowledged before me on January 0'y2013, by
Jon Stavney, Chairman of the Board of County Commissioners of EAGLE COiJNTY,
COLORADO.
Witness my hand and official seal.
My commission e�ire�s�^ � � � �� _
-�•�-.. , .
DEBURAN LYCvN CMURCHi�L �� r � `�
NOTARY PUBLlG � U Vl�
STATE OF COCORaGO Notary Public
MY CAMMISSION EXPIFiE3 3/2M2015
1'OWN OF BASALT, COLORADO, BY AND THROUGH THE BASALT TOWN
COUNCIL �//'�
By: �
�-tt-wi,�cs�tt G/�-, p
P,oTe.—�
Title: Mayor�of Town of Basalt, Colorado
STATE OF COLORADO )
)ss.
COUNTY O'' °�r�cnv G�6'l� )
The foregoing document was acknowledged before me on January Z�, 2013, by
��cqae-R-t�dfiitsitt, Mayor of the TOWN OF BASALT, COLORADO.
�rlG�n �/�-(�er?- I��o re.-..
Witness my hand and official seal. SALLY FERREN
NOTARY pUBLiC
Iv►y commission expires: /b •2�• ZD/� STATE OF COLORADO
NOTARYID 78894p3pq3y
MY COMMISSION p(p�RES 70QB2p15
`--•—^--`.--__....__._.�_,.
N Public
Red Ridge Ranch Conscrvation Easement 22
January 29,2013 �
- 6US RG\4444281.1
EXHIBIT A TO DEED OF CONSERVATION EASEMENT
(Legal Description of Property)
Parcel 1, according to th� ubdivision Exemption Plat, Red Ridge Subdivision
Exemption, recordedJ e�r. 2'1, as�eception No.o'1�1301?q9 , Eagle County, Colorado.
,
Rcd Ridge Ranch Cooscrvation Gascmcnt 23
January 29.2013 ,
� I3US RH\4444281J
EXHIBIT B TO DEED OF CONSERVATION EASEMENT
(Map of Property)
�
Red Ridge Ranch Conservation Eascmenl 24 �
Januury 29,2013
aus ks�aaaazai.i .
Exhibit B - Map of Property
r �.^'�Fi.,,.�sa�� '•;���'��"��",ypE���}�� •,�, '� L� ��S",j ��� h ��'6f.r`" ^J_ . . d "b,N:�],�y4�
$
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-�i�� � 2��.`,yl �t'��h".. i .�` . ,�s���� ��5 '��jo {��.
� , ` O Red Ridge Ranch Parcel 1 ° �a.��` � � �� ��. � . �,�%v teq�u ti� �
' � i •�{,;, ^ e - '�� n'Str�,ca�
�. Former Glassier Homesite ��t r� , ��`��; �"��� _�' ;� '��� ,�; � � r �
ri� e , � � �R:
, t:
�� � Mobile Homes,' �� ��� �� ��9 m -� � q /,��` �:���. " � s j" �,:
�� — Existing Roads �. � � ` �#�4 �� �*� .; ��°` � �` t j � �.�, �
„ � � .� � f, � , � ; , �
�:� � �u ., k�„a t ti� i x r i'� �.y �s� � , •
Proposed Trail • a � z��� ,� �. "�x
�. - --- . . �-. � � . a , ��. �+ a c�,,� {+ � �A z r.�i' �4
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s �
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. �_ T� t . �
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.
EXHIBIT C TO DEED OF CONSERVATION EASEMENT
(Baseline Documentation Attestation)
Red Ridgc Ranch Conserva[ion Euemen[ 25
January 29,2013
BUS Rli\4444281.1
A
�
� 1.0 Attestation
� THE DATA, EXPLANATORY TEXT, PHOTOGRAPHS AND MAPS ASSEMBLED IN
THIS BASELINE DOCUMENTATION REPORT ARE AGREED BY ALL PARTIES
HERETO TO • ACKNOWLEDGE THAT THLS BASELINE INVENTORY IS AN
� ACCURATE REPRESENTATION OF THE NATURAL RESOURCES, CONSERVATION
VALUES AND PHYSICAL FEATURES AND CONDITION OF SALTONSTALL
RANCH AT THE TIME OF GRANT OF THE CONSERVATION EASEMENT. THIS
REPORT SERVES AS AN OBJECTIVE INFOIZMATION BASELINE FOR"MONITORING
� COMI'LIANCE W1TH THE CONSERVATION EASEMENT.
� GRANTOR: DATE: � '�� �
� P kin County Open Space & Trails
530 East Main Street, 3=d floar
Aspen, Colorado 81611
�
� GRANTEE: DATE: I ._Iz�! 3
Bo d f County C 'ssioners of Eagle County .
� 500 r adway, Post Office Box 850
Eagle, Colorado 81631-0850
�
� GRANTEE: DATE: �' 2 1f /3
� Town of Basalt
� 101 Midland Avenue
Basalt,Colorado 81621
'
�
�
I Pine Brook Ecological Page 1
Baseline Documentation Report November 21,2012
Salronstall Conservation Easement
�
EXHIBIT D TO THE DEED OF CONSERVATION EASEMENT •
(Exceptions to Title — Pitkin County Title Policy Case No. PCT23683W5) �
Right of the propnetor of a vein or lotle to e�Rract antl remove his ore therefrom, shoultl lhe same be iountl
� to penetrate or intersect the premises hereby granted an0 nght af way for ditches or canals conSWcted by
the authoriry of lhe United States as reser�etl in Unitetl States Patent recordetl NovemUer 4, 1896 in Book
48 at Page 210.
Rfght oi the proprietor oi a vein or lode to eXtract antl remove his ore thereirom, shoultl ihe same be fountl
to penetrate or intersect the premises hereby granted antl nght of way for ditches or canals constructed by
the authority of Ne Unitetl Slates as reserved in Unitetl States Patent recortletl NovemUer 1. 1993 in Book
623 at Page 606.
Terms, wnditians, provisions,obligations antl all matters as set torth in Resol�tion ot the Eagle County
BoarA ot County Commissioners recortletl Jury 30, 1992 in Book 585 at Page 525 as Resolution No. 73,
Series of 7992 to Rocky Mountain Natural Gas(or Approval of Special Use Permit. ' �
•. Easement antl right ot way grantetl to Rocky Mountain Natural Gas Company, Inc., in instrument recordetl _
August 7, 1991 in Book 559 at Page 471.
. Easement antl nght oi way for an electnc transmission or tlistnUUtion line or system,as granted to Hory
Cross Electnc Association, Inc., in instrument recortled March 30, 1992 in Book 576 at Page 322.
- Easemenl and nght of way tor an electnc transmission or distnUUtlon line.or system, as granted[o Hory
_ Cross ElecMc AssociaUOn, Inc., in insWment rewrtled January 8, 1599 as Reception No. 683088.
�. Easemer.t antl nght of way for Pnvate Road as set foM In Pnvate Roatl Easement Agreement recortletl
OdoUer 3, I997 as Reception No. 635370 and Agreement and Amendmenl ta Privale Road Easement
recordetl November 18, 1998 as Reception No. 676359.
. Easement antl right oT way far access antl pasturrng as sei forth in Reciprocal Easement Agreement
recortletl October 3, 1997 as Reception No. 635371.
�. Easemenl and right of way for maintenance and diversion of irrigation ditches as set forth in Re[iprocal
Easement Agreement recordetl OctoUer 3, 1997 as Reception No. 635372.
.. Terms, contlitions, provisions and obligations as set forth in Agreement recarded October 3, 1997 as � '
Receptian No. 635373. (NOte: In order to remove this ezception, a compliance agreement is needetl to
prove lhat this agreement is no longer in efiect).
Continued on following puge
Red Ridge Ranch Conservation Hasement 2C
January 29,2013 �
BUS RE\4444281.1 .
Terms, contlitions,provisions antl obligations as set torth in Private Way License recortled November 16, .
7998 as Receptian Na 676360(NOte: 7his exception u�ill be removed antl replacetl with a new Private Way
License once it is recorded).
Terms, conditions,provisions antl obllgations as set forth in Ouit Claim Oeed tor Water Rights to the Home
Supply Dltch Company recorded Apnl 4,2012 as Reception Na. 201206503 _
Terms, co�Witions,provisiane,obligatians antl all matters as set torth in Resolution of[he Pitkin County Board .
oi Counry Commissioners recortletl SeptemUer 27, 2012 as Reception No. 592619 as Resolution No.070 an0
rerecordetl NovemUer 13,2012 as Reception No. 593&96. .
Te�ms,contlitions,provisions and oUligations as set torth in Intergovemmental Agreement Uetween Pitkin
. Counry antl Eagle Counly and Town of Basalt recortled September 27, 2�12 as Receptian No. 592620 .
Easements,nghYS of way and all atters as disclosed on Subdivision Exemption Plat of Retl Ridge .
Subdivision Exemption recorded uawi Zq ,2013 as Receptian No. �0130/By�I �
Terms, conditions,provisions and oUlig�ations as set torth in Grazing Easement recorded�_.
2013 as Reception No. �{JJ�O I SS7
�
Terms, contlitions,pro isions and obligations as sei forth in Access, Utility antl Irri ation Siructure Easements
Agreement recordetl���.2013 as Reception No. 3J13 ���
� Red Ridge Ranch Conserva[ion Easement 2'�
January 29,2013 �
BUS RE\444428L1 . . .
EXHIBIT E TO DEED OF CONSERVATION EASEMENT
(Water Rights Desaription)
24,500 shares in the Home Supply Ditch Company, Inc.
Well Permit 206262
� Well Permit 206263
�
Red Ridge Ranch Conservalion Easemenl 27 -
January 29,2013 '
BUS_RE\4444281.1