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bocc.ord.011.2016
RECEPTION#: 630991, 07/29/2016 at 02:28:08 PM, 1 OF 13, R $0.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE ACQUISAON OF PROPERTY FROM DKD"2004"TRUST ALONG PRINCE CREEK ROAD ORDINANCE NO.0/1-2016 RECITALS 1. The Board of County Commissioners of Pitkin County,Colorado(BOCC)approved the creation of several parcels of land along Prince Creek Road for creation of a trail,pursuant to Resolution No. 055-2013. This Subdivision Exemption approval included a condition requiring the acquisition of right-of-way for Prince Creek Road adjacent to the trail parcels. 2. The Community Development Director approved an amendment to the Resolution,pursuant to Administrative Decision No.34-2016. 3. The BOCC authorized the acquisition of trail parcels along Prince Creek Road,pursuant to Ordinance No. ofU-2016. 4. DKD"2004"Trust has agreed to quit claim those areas located north of the center line of Prince Creek Road and south of Prince Creek Trail Parcels 1 and 2,as described in the attached Quit Claim Deed in Exhibit A. 5. The BOCC desires to accept conveyance by DKD"2204"Trust of land more fully described in the Quit Claim Deed in Exhibit A. NOW THEREFORE,BE IT ORDAINED that the Board of County Commissioners of Pitkin County, Colorado,authorizes the acquisition of property from the DKD"2004"Trust,and the chair of the Board of County Commissioners of Pitkin County,Colorado is further authorized to execute such documents as necessary to consummate this transaction subject to the recommendation for approval as to form by the County Attorney. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON JUNE 8,2016. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 4, - 9 ,2016. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com)ON (, -9 2016. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON JUNE 22,2016. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN THE ASPEN TIMES WEEKLY ON 6 - g 0 ,2016. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com)ON - ,2016. ATT."' : BOARD OF COUNTY COMMISSIONERS 011111 B � I, By:y: l .Ir. . �`anette Jones f el E. Richards,Chai //� !eputy County 1-rk 1 / APPROVED AS TO FORM: MANAGER APPROVAL: — — ASP John Ely . ey Jo/n 'eacoc ,County Manager a V Ar Emerson! Road R-O-W • \ dedicated parcels • OpenSpace OpenSpaceEasements • r -, _. Town Boundary Town Boundary Fill< 18K 2 T�n-Writ Rn ` County Line —ditch M —Roads \_ —Rivers/Streams l 9QPCE T _ Ft ink West Conserv. Eas: 1 11i� A..., ,!N COV/ 1 ;� Iiiiiitij yon r �/ 0 265 530 1,060 Feet ` ,.„ s.c, N 4 \-,–^ Flying Dog East Conservation Ease W E O. ,:..;p Geek i cnu, ---'\ �O I This map/drawing is a graphical representation of the features Pipin County depicted and is nota legal representation. Accuracy is not guaranteed QUIT CLAIM DEED THIS DEED, made this day of 2016, between the DID "2004" Trust, a Texas Trust, ("Grantor"), whose legal address is c/a Cameron D. Sewell, Trustee, 2100 Ross Ave., #2600, Dallas, 75201, of the County of Dallas and State of Texas and the Board of County Commissioners of Pitkin County("Grantee") whose legal address is 530 East Main St.,Aspen, 81611 of the County of Pitkin and State of Colorado; WITNESS,that the Grantor, for and in consideration of Ten($10.00)Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise,release, sell and QUIT CLAIM unto the Grantee, and the Grantee's heirs and assigns forever, all of the right, title interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of Pitkin and State of Colorado,described as follows: See Exhibit A attached hereto TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity,to the only proper use,benefit and behalf of the Grantee,and the Grantee's heirs and assigns forever. • EXECUTED AND DELIVERED on the date set forth above. Grantor By as State of Colorado ) ) ss. County of Pitkin ) The foregoing Instrument was acknowledged before me this day of 2016 by as for DKD"2004"Trust,a Texas Trust. Witness my hand and official seal My commission expires on: Notary Public Grantee By:Rachel E.Richards,Chair State of Colorado ) )ss. County of Pitkin ) The foregoing Instrument was acknowledged before me this day of 2016 by Rachel E.Richards,Chair,Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal My commission expires on: Notary Public EXHIBIT A Tybar Ranch Prince Creek Road Right of Way Dedication Legal Description All those areas located north of the center line of the as-built portion of Prince Creek Road(Pitkin County Road No. 5)and south of Prince Creek Trail Parcels 1 and 2 described on Schedule"A"attached hereto,and as shown and described on the Subdivision Exemption Plat of Open Space Parcels for Prince Creek Trail, recorded ,2016 in Plat Book at Page under Reception No. COUNTY OF PITKIN STATE OF COLORADO SCHEDULE A Y. SUBDIVISION EXEMPTION PUT OF OPEN SPACE PARCELS FOR PRINCE CREEK TRAIL PORTIONS OF LOTS 4,6 AND OPEN SPACE PARCEL B,TYBAR RANCH SUBDMSION/PU0 SITUATED IN SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH,RANGE 88 W EST OF THE 6th P.M.,COUNTY OF PITKIN,STATE OF COLORADO sxEETaaE THE PURPOSE Of NIS SUFOMSION EFfMPtION O TOMIExDLOTS41=0OPRI YR[FvlJlat E N OM.TO ORfATFTRRR IMQU aulD] AND i0 DE(RGTF.C[F55 NID fA5FA1ENSSIS SHOWN xFRFON ,•R.,MU 0...r can Run \ - r • k... nwo-wRu[Nww.rNva4¢sswnivunmc„a npur.wnuf.wrm„urn.uo.uw.o.u,.ow...uunu.uio,.w.nwr,m.mxn.mumwrR.. '• ro[r.n,o.ru P[so..fuurwvwv \ el xvnvw rvv,ar.uru.n¢Dene osnow xR.z--- w.amxf m,.rurm[.maNm.o,u.r..vrm ixrurwuur.x a,wm N�,.w a. 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Geo ,\I I�I 7.976 act 'C"(WM COUNTY*coma 1 sa COM.)IB ,. 10M.MME¢HAMRElIEE'‘'ll I W 509.59 M� ( /4 .uxa 1 nom) �T! --- CUR IMP POW E.STMf.A. .. '�MRM,Ao>s MD ,COUNT/ROM MD.SI 3 I!�(SU SUR,R P , :I I>MDTYfA9EMER _- -- --_'- - ---- PERREC.R 6 DE w ERME,•M M�aMM ED.OFASMMET r EASTN NM �- ----- ---- NUMaaEUM. .g ME 817 l�_ LOT: --- MA `,1, =`IOW'1— � �_��\ LOT. N. `fEPIMKMIROI MING 004RM.WEST INC `,Ik —x 'ss --FiOR .etf YYf ro I G • xE /r /�y �\.--------..::::.1 e REC.833.4. TYBAR RANCH \ Sm! I I ! ��� y --1-..„...,,.._,T. >; REG 0.536444 I L MUM EMMERT / /7 �N�b� \ w'wmE OPEN SPACE PARCEL B .01.08 ','I !///j PMm 11:1 En. AND DI MEM 1,151A085V.RS ,•S atafffff �� /,� Ra oafsm�: 41 EK..996«.` 102.190 a� \\ %/ /' / / — '/ /TRAILPARm2 \ P / 7. • AX, / I PERTHISPUT � �.MPGn NOV /, .�• . , � / I I , MC ? � % / \(SEE SHEETS 4-6] ''\ D / RM.MUM TIIALTS �. , AMOx"un.EH... • / ' ala 4.3 1 '�- ...: ---•---� %.R [AwLEP 132>31' ' \O! xfxl6m( I\ MO.sI \\ _i e �L a D `Mu:a u.MOMxOMw i wxuof`�tlBiawM�oruwarw F000 RE SEC Mw eACO5NEALUMINUM13 oforw• _ ' I is Immo EA RUM 710 I . OM '-�1:"...._ ACCEPTED DECEMBRm.m66 \,; FOUNOR0xP057Mxo;',1/.6.IMEs$v Ma, ,R�6 ]� yi 1.4 1 ' `` r Rc n3iro6EMf MEEMEM I �KMSi10`) \ 1 /-_I / .101 TUi PARCEL: Ity \ 'E Imsotoss eewMyy I I / / \, PER THIS PUT b Mtcy9as3itiiwOw-- / I MAGMA ®m 1(9EE SNEER 461 \ \E.\ _ __ LAND.TAME .11//1/ yyy jj� !RAMMING ><n0.Mc.�+w w mufti TMXPMCEES PER THIS NM ' Nwp«vACE RAMT,E „E„„, :.,.,.,,i a fan)•W ma a m.a E.E.. REAL ,;.>.„,,.-: 1x=-R • wIIIRMV COMER ranDTH T, r 961WwE IWO a m.4.' MM. Sva m4. ' FOUND MA MIE STOW M S�aE E•r a ,�LS DNI - PRMONOMENTMPOR M-- ..... Mr-- "”' `w '� MEraw x,Pa - MFw OfdGTFOroP01IP[ODnTYRow,MDFSW.D7W PEA TMS MAI _� ACCEPTED RIMµMO v MPYw ,EEM o m4. PMa an 1.111 7E•MREMw wP• MHDm,,,„ T R 7.EN,; DEDGr10H PARAGRAPH MO.S AMfNDE01Di5 -- u M•M.w a4. a M. m' Er 41,1TOMP MM. IryME AM,R f.•v. 3.02.11/ 01W Rax: r,Raw a a. KM as flaws m Amu, raw GRAPHIC SCALE m Erw•a, Sv m v Rma W. v EMM.MM raw a: m SKIM, SNAP m SaM MTM ra Eur /910. raw _ — ,. �>; m as MN KO Er W. MAT _.-._._.—._._._._.._ CENTERLINE or PRINCE CHEER ROAD AswxrAND in.va 10 MK MK far von 111 IMO' MA le 01701 EounoxwwMEo BY PRI.cwxrvou •�PowrM.REr7a•w,xm.uma1..mm.aEw - m Sr m4. a4. Er ....L.. rry - CREEK LCGr0NPROVIDED x.P,«PCOUNTY OM SOPRIS ENGINEERING-LLCWOW WM CIVIL CONSULTANTS m A< M. E.r 002 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 61823 (970)7040311 aw,a..r� ".Ew9EY ,....RaMMPe Rt@BOPEUa1B.com Em..a+nn v.am,... SUBDIVISION EXEMPTION PUT OF: OPEN SPACE PARCELS FOR PRINCE CREEK TRAIL PORTIONS OF LOTS 0,6 AND OPEN SPACE PARCEL B,TYBAR RANCH SUBDIVISION/PUD SITUATED IN SECTIONS 13 AND 14,TOWNSHIP B SOUTH,RANGES/WEST OF THE 6th P.M.,COUNTY OF PIT6IN,STATE OF COLORADO SART 3 O 6 THE PURPOSE OF TNB sUSDPASION EREMPTON IS TO AMEND LOTS.,6 AND OPEN SPACE PARCEL 6 w ORDER TO CR.11 TRAL PAP ISS 1 AMD 2 AND TO DEDICATE ACCESS AND USW.EASEMENTS AS SHOWN AMOK INE]SIX'wrAsoAENr _—.—m11W - — ` --_— RFCzs 16CRU EIWECouem AND _ ND —_--___�_— _ AMENDED LOT< EN (MEI 6R.,:P6. N COUNTSTYBAR RANCH SUBDIVISION ENNA mom PER THIS PLAT 4V5�M ilU 330,568 MN, S 7.680 wrest N6 POWER POLE ——_ mP.l —DDD6LAELEMIus,D0 Smz.m•E.79.9E RFC 006910 Om TRAIL PARCEL .BERmmwnoNE / 6\ to B C ICDOB COUNTS PER THIS PLAT rxx���---��� rEomu R wL-L.nL 0 12,897 s9.flS EmTx6 DrPI \ On.l e,{O �RAM � 0.296 aclesN az s.nz w.x9.M \ y ....- "YnNKI OiEIIIRWO(Pmgcou nbROsl S\ tt n. ,a iM,.��. v.N •� � i ASPNALTSUREAR _�_-- \\e I 11 GARY EDDEd ASHY, ' ---•-� ----'--' W TOT z OMAN COUNTY) MIInuuRD MAIN.3L. ""REC MM. ooc RANG warlxC MOUNTAIN MEADOWS,ATMA 3 Dom=mot PPNE_I UEER� PDOC;' I:m is --- 1411 )----..'..-- GRAPHIC SCALE _ - tsINRm AREA DEDICATED TO PI..COUNTY BOW.AS DESCRIBED IN DEDICAFMN PARAGRAPH NO.6 CENTEMPA OF PRW.CRT.ROAD AS MKT AND IN MACE OREM LOCATION PROVIDED By P.M COUNTY 019 SOPRIS ENGINEERING-LLC CML CONSULTANTS 502 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81023 666,,,6666666%.66666666666•,6,66•66 (970)701-0311 '" ..�r.,.....»..... "'aRwro,..._o soprisenageOprblenscan me w.Ta aAK+..r SUBDIVISION EXEMPTION PLAT OF: OPEN SPACE PARCELS FOR PRINCE CREEK TRAIL PORTIONS OF LOTS 4,6 AND OPEN SPACE PARCEL B,TYBAR RANCH SUBDIVISIONPUD SITUATED IN SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH,RANGE 88 WEST OF THE 6th P.M.,COUNTY OF PITKIN,STATE OF COLORADO STOUT 4 OF 6 TNF PURPOSE OF THE SUBONISFON ERdE ERRE IS TO AMEND LOTS 4,6,V ID OPEN SPACE P Al65 ORDER TO MATE TVA PARCELS F Nq] AMDroMDKAR ACCESS AND UOIITf'EASfMENT$AS SMONN HEREON // ( LEANT OF PRIVATE ACOESS AND MITE EASEMENT // CDT6 FOR OPEN SPACE P OPEN SPACE PARCEL B AN11111.C..3.44.. NBOT SOME ,' / NOW.10FNvl3Ort ORD 2004 D4IR ucBBBEEB4 PER THIS Pur M<.EW FP 4,155,4CE eq.R9 % ��. 96.611 act _ \\�- AG TDIw F eO:usxuE�NE %'moi'/ ' taro +. =r //%J LOT-6 'SSW �. CENPER TINS TERLINE EKE. c,n PAM NE .v.a 1,( ...0.H> c ,...7......._.....,...... - �L .5ss:Q"rtT \ " r. ADeNDI MOM NE LINE -` - 6 _ - Orr uAx FNVEiDPE �.. j .7-.....,;-; S TK N]@0� __ �� MINCE a1FFlt�_. -_ ARSUBJECT TO AG AGREEMENT _—_--- , 66L _—_ — •� CENTERLINE WEl ` i� � FM M[ S•STIYF SAAF �- H 10. INITA /i ...�...�._ !6 EASE -i / T. EASEMENT FOR / \ M PUT \�� ABMC N ML_KCI$S _ :'I � �'N WO HOLT EMM EASEMENT \ - ` C F l - ::' 'Wb•E -14 EALSTMDrFrNf \. \-_ 4 ZOT,T6I pLA _fix �' f ` _.fLy1„/ iBAnf 3s P 'C f \ `%Sy �n PER P4 _ IJ: On.l ".: 4.633 ack \, ,�" ,...,....-,:-.1.. f9•eTM•E uS.m ASPHALTTILLMAN. \\ •uw. rn z' a EDGE \ \ uw6n 1MCTf _ ..noses ETP ieAB TP/+E PARCEL , SIM MEBA MICR B IAN MOM OM= N NK MINN0 TMCTI TxE Pur TT._- v_ \ EOUND MARBLE STONE KR MONLILIDO RT IDAccEPODluxE 4p9M Tom En TE Norse. WAG eanesta ma ta• Aston,. am _ MN MN UMW, Ale MrlirarlY Mil LT rem..., M. nas Nue wale Y. sham. _KU AREA DEDICATED IC PRIM COUNTY.s ROW,AS MUiMDN GRAPHIC SCALE past DEDICATION PARAGRAPH NO Us▪• lasorLn TE• TIS 2.131 SUM rarer alas ara-anata au• ...Rh LIE LEFTIES.r Tr•lel ------------------ mDBWX[oE PBx[E[REEF ROAD AS eUIT AxOM PULE la• awn... my Oft Ali ill.• roof LAU =WM. LW — — — —WC.LOCATION PROM.RV PITIEN COUNTY GS ------------CM=LOCATION PROVIDED BV PrtxM COUNT'GIS NSA SOPRIS ENGINEERING-LLC CML CONSULTANTS 502 MAIN STREET,SUITE A3 CARBONDALE,COLORADO 81823 (970)704.0311 aNr *... �..�.rwM.N. - BOplA0ETO®BOPTI..rH.DurTl .m.w.,..a-f...r SUBDIVISION EXEMPTION PLAT OF: OPEN SPACE PARCELS FOR PRINCE CREEK TRAIL PONTIONS OF LOTS 4,6 AND OPEN SPACE PARCEL 8,TYBAR RANCH SUBDNISION/PUD SITUATED IN SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH,RANGE 88 WEST OF THE 6th P.M.,COUNTY OF PTTKIN,STATE OF COLORADO TXE PURPOSE OF TX6 SUBOMSIOX F%FMITOX IS TO AMEND LORI 6 AND OPEN SPACf PAPCELB IX ORDEATO CBFATE TRAILPMCEI.S IAXD] -- AND iO DEDIGTE ACCRS AND UEIIffY fA6EMENR AS SNOWN NfAEON — I'N' SW ——- -a. A[[FSS AND SAWN. FM -- —I BFC.MX. XE]IWRi SEE 0 'AIL THIS SEET —nap WOE EASEMENT FOR N":".�'W_ i ay N] �- x�wEMxEr r. .3], 1Sp >5' lw-- A ==--- :LW —_— I PecmP4 RAMBO 1 ��{^\; ]]vv; / ———y C'B'E _'-."21'1-'!"-' ''''.- +rw — OPENSPACE PARCELS UPPER PRINCE CREEK TRAIL——— !NM j/ — 4';'''"-- Bn• -�IED_b PER THISrtwr --- �— — TRAIL PARCEL2 — ".� f ]yB 95,482 R.3 —— — TRAIL PARCEL 2 ED'——— - ——_ qy PER THIS PUTT — 201.761 sQR3 — --- n mer \\ — s�a•]n31'E x-__]su——— x:: : vssm \ N. ` \ DETAIL OPEN SPACE PARCEL 8 —' \ \ \ PER THIS PLAT suE A.B[uBTow.aoERax ':., �'RA]f' 1\ 4,295,482 s9.RS Ns6-Iyy,W]%b \`\ \\ 4�'q\ \ 98.611 act %,,...'...\ \ "b\ \ *y ]x"aP.TF. E �`\ \\ `\}�!F!\s\ PIM / MCC] C `\' \ ",'`8, �— TRACT] `\• \ 'N, - — nnBiABRIIIKIf �.:� G ,\`. \ `\ II Ant f1'W= 1 -\. sp r—Cr STK REM \ r F \`\ \\ \�`'N,.\ P aPWIDE G • \. \ \ ! \ BB]M re.3n MRM MAIM•\, \ \y \_ LIP - \ \ Nnvarw wad \ sw EXISTING Ex --—- —_. OPEN SPACE PARCELS sss•3B'sa•E sn.Er hV,y \ Ofy." of ,•,:. " 5„5 ,---lAxt1 •IST i ♦6 PARCEL2 PERSLAT ' 201,761 sq% 4.632 act '-\ RI f 1 ti M I z'r>s.1 nse s]n w Eze]e _ nABCMF6R1MC15 TRAM TRAM. f a I S_OPRIS ENGINEERING-LLC ABEADEDN.TEC3CAUXIN COUNTY ROW,ASDESCIBEDWDm..TN.commas GRAPHIC SCALE CIVIL CONSULTANTS D.DNPAB.4BANND.s I 502 MAIN STREET.9UTTE A3EVESEMHCdMtY om .--71-----61 7.,r7:-.7:47:-,",Er,-E. \\\ CARBONDALE,COLORAU081B23 CE CMS BDAouxultTAxo lx ruff ,:"7;Is (970)704.0311 aINBWsxew ,.rnx.x.No. soPltPfl9 EDPnBenB.eDm ,,or...Awn PaepvnnTI. SUBDIVISION EXEMPTION PLAT OF: OPEN SPACE PARCELS FOR PRINCE CREEK TRAIL PORTIONS OF LOTS 4,6 AND OPEN SPACE PARCEL B,TYBAR RANCH SUBDIVISION/PUD SITUATED IN SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH,RANGE 88 WEST OF THE 6th P.M.,COUNTY OF PRIOR,STATE OF COLORADO SHEET 6 Of 6 THE PURPOSE Of THIS SUBDIVISION EMOTION IS TO AMEND FORA,6 AND OPEN SPACE PARCEL B W ORDER TO CREATE TRAM PARCELS I AND 3 AND TO DEDIGTF ACCESS AND UTILITY EASEMENTS..SHOWN HEREON .i -- •.. yy i i -,-II i CEIDIRDNE 21'NIDE i ."I, I1 \ AGRFASMANTFOR ICULTURAL ACCESS 'W- / ..... I xU11lITY FASFMEM PFRTHISPIAi107 76 / , '�' / BC MS PG,3EA3 /• I . R MAR RANCH SUBOMDON -•� 3`, ' � 1011 06. / , I EG 3 --\14 I 11,}• / TW xf59T ?�1 _. / I Y MEM MK 6l6'AD1YE ...... FA _ cxs ..r�^''''-.Iv ". .. ! TRAIL PARCEL 2 i7 e i+s-... .",..:....vv„. ' ' I. PER THIS PLAT \rptTAB,s —.". -- 201,761 sq.ft.i - Ry.^ OPEN SPACE PARCEL B I ';' 4.632 act •• R PER THIS PLAT p E _ "� �' E I ( 1 1 8 /�r. MnRGu M.vuwuurn ,' /" 4,295.611 act R �'� / 98.611 act ' \ RFc RxxDBa3 `kd 6 ' �\ ".L� MINIS MiumAFxr �N 'Y ,\ i Yu \ 'A EEL'\µ •\ `I r 669.37.x•6 33191• �V"IT m , •\ • _ I, -. w 9 n 6o Ee ao w z6a Ta NSca3O6 W 6Dsa b� / T/ \ �- OF ASPHALT IIVP.I — ----—-- _____lliU - Wit TRACT] / \-�__--_ PMMCE BEER i / OPEN SPACE PARCELS _______....--.---TT --- - _- PERTHISPLAT 6RIY3Y6 vx.x• 4,295,482 sq.ft.t LOT 6 98.611 act PER THIS PLATft 239,566tq.. 5.500 act TRAIL PARCEL 2 - s3Y65'A•E 6a6°E PER THIS PIAT 201,761 4q.R.3 am / 4.632 act MAT / al T6 a r/ xs3e 4 ns. T7 N.AB 4K,a•," �''" av ".� agr.w§�. .. K r4sigR,g On POOR TRUST \ ,.;._,:z.,, j RFC UMW] k �: F MARGUERITEFC.Rli®M A ~ ..',. \ W - \ - Q1': ,T ••\ c " 63-w • S • PON DFMG j6� • GRAPHIC SCALE AREA DEDIGITO TO prnan COUNTY- — -- —. —DNaLDG,TDHPRD,'DED.YPTRICOUNTYD. SOPRISENGINEERING-LLC OFD" w ATNPARAGRAPHHO.6 - ^�.A6D�RNFDIN 0.1"7".;. CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 CENTFRUNE OF PRINCE REEF ROAD.RUT ANON PLACE CARBONDALE,COLORADO 61623 sO RNER tSY66S 3 A. (970)704-0311 FOUND DMANUMSTONEE mws=.=1ws ......6.... BOPTierI(43.00166139cOR ACCEPTED TUNEIA MP ,....AN....�e�..� SPECIAL WARRANTY DEED THIS DEED,dated JulySS 2016 between the DKD"2004"TRUST,a Texas trust,Grantor,and the BOARD OF COUNTY COMM IONERS OF PITKIN COUNTY,COLORADO,whose address is 530 East Main Street,Aspen,Colorado 81611,Grantee: WITNESS,that the Grantor, for and in consideration of the sum of TEN DOLLARS($10.00)AND OTHER GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee its successors and assigns forever,all the real property,together with improvements,if any,situate, lying and being in the County of Pitkin and State of Colorado,described as follows: SEE EXHIBIT"A"ATTACHED HERETO Commonly known as:agricultural land near Carbondale,Colorado(the"Property") TOGETHER with all and singular the hereditaments and appurtenances[hereunto belonging,or in anywise appertaining,the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances;EXCEPTING AND RESERVING, HOWEVER,unto Grantor,all water rights associated with the Properly,whether adjudicated,unadjudicated, historically benefitting or appurtenant to the Property. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee,its successors and assigns forever.Grantor,for itself,its successors and assigns does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor EXCEPT FOR AND SUBJECT TO THE EXCEPTIONS TO TITLE LISTED ON EXHIBIT"B"ATTACHED HERETO. IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth above. DRO"2004"TRUST,a Texas trust By:enriaa_ a• Ue`s'k4 _eig "41 _ Emma panciger,Trustee /VI AJ A STATE OF COLORADO ) COUNTY OF PITKIN ) I1 V The foregoing instrument was acknowledged before this Au day of July, 2016, by Emma Danciger,Trustee on behalf of the DKD"2004"Trust,a Texas trust. V CC'— Witness my hand and official sea . — My commission expires: ;U NOfARYFUBW Imo/, moi/ / EIB OFDOIARAOo N' AM, NOTARY ID 10124022%8 8997164_I My 00I0118810N IO APNIL 28,2020 RECEPTION#: 631089,08/0212016 at 12:18:14 PM, 1 OF 4, R $0.00 DF $0.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County,CO EXHIBIT"A" Property Description Trail Parcel I and Trail Parcel 2 TRAIL PARCEL I SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL, q ACCORDING TO THE PLAT THEREOF RECORDED tiJlc�yy 2 q ,2016 IN PLAT BOOK II 5 AT PAGE 9 I . J COUNTY OF PITKIN, STATE OF COLORADO. TRAIL PARCEL 2 SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL, ACCORDING TO THE PLAT THEREOF RECORDED ::ru.1 2q ,2016 IN PLAT BOOK IIS AT PAGE/II . COUNTY OF PITKIN, STATE OF COLORADO. 8997508_1 EXHIBIT "B" TITLE EXCEPTIONS TRAIL PARCEL I AND TRAIL PARCEL 2 I. THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017 2. EXISTING LEASE AND TENANCIES.(NOTE: THIS EXCEPTION WILL BE REMOVED AFTER RECEIPT OF COMMERCIAL CLOSING AFFIDAVIT IN WHICH THE SELLER STATES THAT THERE ARE NO LEASES ON THESE PARCELS). 3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05, 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 166, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 2', AND RECORDED APRIL I I, 1923 IN BOOK 55 AT PAGE 274 4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02, 1908, IN BOOK 55 AT PAGE 166, RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 237, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL I I, 1923 IN BOOK 55 AT PAGE 274 5. TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. SIX AND ONE-QUARTER PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835,ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 7. A STRIP OF LAND 25.00 FEET IN WIDTH, 12.50 FEET ON EACH SIDE OF THE EAST MESA DITCH AS CONVEYED TO FRANK E. SWEET IN DEED RECORDED FEBRUARY 27, 1895 IN BOOK 115 AT PAGE 499. 8. EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833. 9. RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 324. 10. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 377. 11. EASEMENT AND RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF PRINCE CREEK. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755. 13. TERMS,CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 996. 14. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 129. 15. TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION 98-205 APPROVING THE DANCIGER/TYBAR RANCH SUBDIVISION/PUD CONCEPTUAL SUBMISSION RECORDED DECEMBER 03, 1998 AT RECEPTION NO. 425077 AND EXTENSION OF THE CONCEPTUAL APPROVAL IN RESOLUTION 99-183 RECORDED NOVEMBER 24, 1999 UNDER RECEPTION NO. 438011. 16. TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION 113-2000 APPROVING THE DANCIGER/TYBAR RANCH SUBDIVISION/PUD DETAILED SUBMISSION, FINAL PLAT AND CARETAKER DWELLING UNIT RECORDED SEPTEMBER 05, 2000 AT RECEPTION NO. 446686. 17. TERMS,CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12,2007 AT RECEPTION NO. 513;09. 18. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY RECORDED JANUARY 12,2007 AT RECEPTION NO. 533310. 19. TERMS,CONDITIONS AND PROVISIONS OF SUBDIVISION/PUD AGREEMENT RECORDED APRIL 09, 2007 AT RECEPTION NO. 536445. 20. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE PLAT OF TYBAR RANCH SUBDIVISION'PUD RECORDED APRIL 9,2007 IN PLAT BOOK 83 AT PAGE 28. 21. TERMS,CONDITIONS AND PROVISIONS OF OCCUPANCY DEED RESTRICTION AGREEMENT RECORDED JUNE 14,2007 AT RECEPTION NO. 538909(OPEN SPACE PARCEL B). 22. TERMS,CONDITIONS AND PROVISIONS OF OCCUPANCY COVENANT AND AGREEMENT RECORDED JUNE 27,2007 AT RECEPTION NO. 539789. 23. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 06, 2007 AT RECEPTION NO. 544687. 24. TERMS,CONDITIONS AND PROVISIONS OF PITKIN COUNTY COMMISSIONERS RESOLUTION NO.055-2013 RECORDED AUGUST 19,2013 AT RECEPTION NO.602604 AND ADMINISTRATIVE DECISION NO. 34-2016 RECORDED MAY 11,2016 AT RECEPTION NO. 629276. 25. EASEMEN RIGHTS OF WAY I) D ALL OTHER MATT AS DISCLOSED N THE SUBDIVI ON EXEMPTION PLL OF OPEN SPACE PAR LS FOR TYBAR NCH TRAIL CORDED UNDER RECEPT ON NO. £& EASEMENTS,CONDITIONS,COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL RECORDED445 2 , 2016 Un er Keee er No, 4.3,668 f. TERMS,CONDITIONS,PROVISIONS AND OBLIGATIONS OF OR9INANCE OF THE PITKIN COUNTYfBOARD OF COUNTY COMMISSIONERS,NQ. ID SERIES OF 2016 RECORDED, Lit 24 ,2016 AS RECEPTION NO.4' %14fAND EMERGENCY ORDNANCE ORDED fi.L.. 2q_,2016 AS RECEPTION NO. /03099 V . 8995364_1 _ SPECIAL WARRANTY DEED THIS DEED,dated July_,2016 between the DKD"2004"TRUST,a Texas trust,Grantor,and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,whose address is 530 East Main Street,Aspen,Colorado 81611,Grantee: WITNESS,that the Grantor,for and in consideration of the sum of TEN DOLLARS(S10.00)AND OTHER GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee its successors and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Pitkin and State of Colorado,described as follows: SEE EXHIBIT"A"ATTACHED HERETO Commonly known as:agricultural land near Carbondale.Colorado(the"Property") TOGETHER with all and singular the hereditaments and appurtenances(hereunto belonging,or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances;EXCEPTING AND RESERVING, HOWEVER,unto Grantor,all water rights associated with the Property,whether adjudicated,unadjudicated, historically benefitting or appunenanl to the Property;such reserved water rights include Grantor's interest in the water rights,easements,rights of ingress,pipelines and wafer storage facilities and structures associated with the Vandventer Spring Ditch and domestic water system. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee,its successors and assigns forever.Grantor,for itself,its successors and assigns does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the Grantor EXCEPT FOR AND SUBJECT TO THE EXCEPTIONS TO TITLE LISTED ON EXHIBIT"B"ATTACHED HERETO. IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth above. DKD"2004"420TRUST, Texas trusttr By Co�1'Px.L L[ QV Emma Danciger,Trustee nn A. 0- STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before this ° day of July,2016, by Emma Danciger,Trustee on behalf of the DICD"2004"Trust,a Texas trust. A A A. CO- Witness my hand and official seal I My commission expires: 7 2/s 6/.) O?O aJR1R ROTARY MOotary Pub IcBTATB OF COLORADO N0mw D201240P2396 MY CO602B810N EXPIPESAPRIL28 2020 899716422 RECEPTION#:631085, 0 810 2/2 01 6 at 12:02:11 PM, I OF 3, R 50.00 DF $0.00 Doc Code SPEC WD Janice K.Vos Caudill,Pitkin County,CO EXHIBIT"A" Property Description Ball Pen Parcel A PARCEL OF LAND SITUATED IN LOTS 4 AND 8, SECTION 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980); NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8,WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46'50" E,A DISTANCE OF 3922.61 FEET(WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S 00 DEGREES 14'30" E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56'50" W.ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE(1980);THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23"E,ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980);THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE(3) COURSES: I)S 73 DEGREES 54'22"E,A DISTANCE OF 369.02 FEET 2)S 65 DEGREES 30'55" E,A DISTANCE 0E56.13 FEET 3)S 42 DEGREES 31'29"E, A DISTANCE OF 393.85 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO 8997985_1 EXHIBIT"B" TITLE EXCEPTIONS BULL PEN PARCEL I. THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017. 2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05, 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 166, RECORDED JUNE 21, 18921W BOOK 55 AT PAGE 27, AND RECORDED APRIL I1, 1923 IN BOOK 55 AT PAGE 274 3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02, 1908,IN BOOK 55 AT PAGE 166,RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 237,RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL II, 1923 IN BOOK 55 AT PAGE 274 4. TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL,GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479,ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 5. SIX AND ONE-QUARTER PERCENT ROYALTY INTEREST IN ALL OIL,GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835,ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833. 7. RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 324. 8. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 382. 9. TERMS,CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED MARCH 27, 1974 IN BOOK 285 AT PAGE 416. 10. EASEMENT AND RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF PRINCE CREEK. 11. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755. 12. TERMS,CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 996. 13. TERMS,CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 129. 14. TERMS,CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12,2007 AT RECEPTION NO. 313309. 15. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 06, 2007 AT RECEPTION NO. 544687. 8995334 2 SPECIAL WARRANTY DEED Tills DEED,dated July_, Nilo between the DRO'2004"TRUST,a Texas trust,Grantor,and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY.COLORADO.whose address is S31)Fast Manu Street,Aspen,Colorado RI 61 I,Grantee: WI FNESS,that the Grantor, for and in consideration of the sum of TEN DOLLARS(Stt1.OD)AND UTI IER GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency ot'which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant.bargain.sell,gurney and confirm unto the grantee its successors and assigns forever,all the real property,together with improvements,it any,situate, lying and being in the County of Pitkin and State of Colorado,described as follows: SEE EXHIBIT"A"ATTACHED HERETO C omm:nly known as:agncultumal land near Carbondale,Colorado(the"Property") TOGETHER with all and singular the hereditaments and apptmenanees thereunto belonging,or it: any ise appertaining,the reversion and reversions,remainder and remainders.rents, issues and profits thereof,and all the estate,right,title, interest,claim and demand whatsoever of Grantor,either in law or equity,al,in and to the above bargained premises.with the hereditament and appurtenances.EXCEPTING AND RESERVING, HOWEVER, unto Grantor,all water rights associated with the Property,whether adjudicated, unadjudicated, historically bencfitung or appurtenant to the Property;such resented water rights include Grantor's interest in the watei rights,casements,rights of ingress,pipelines and water storage facilities and structures associated with the Vundventer Spring Ditch and domestic water system. TO HAVE AND TO HOLD the said premises abuse bargained and described with the appurtenances, unto Grantee, its successors and assigns foret Or.Grantor, For itself its successors and assigns does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the abase bargained premises in the quiet and peaceable possession of Grantee,its successors and assigns,against all and eveta person or persons claiming the whole or any part thereof, by,through or under the Grantor EXCEPT FOR AND SUBJECT TO THE EXCEPTIONS TO TITLE LISTED ON EXHIBI I"B"ATTACHED HERETO. IN t\ITNESS WHEREOF.Grantor has executed this died or,the date set forth whom e. DKD"2004"TRUST,a Texas trust tit-aat-rt, C Iv uJ By _ Emma Dauciger,Trustee A. �CO- STA lE OF COLORADO ) COUNTY Of P1T KIN The foregoing instrument was acknowledged before this ft day of July, 2OIG, by Emma Danciger. Trustee on behalf ol'the DKI) 2UOT'Trust,a Texas trust A A A. Co- Witness my hand and official seal jjqq My commission expires: '//.4X O.20 I(MIM MLYJ, //utio I NOTARY MIX , otacy Public $TAPE OF COLORADO NOTARY ID 20124022396 M' COMMISSION EXPIRES a 28,2320 8497144 -- RECEPTION#: 631085, 08/0212016 at 12:02:11 PM, 1 OF 3, R $0.00 DF $0.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County,CO EXHIBIT"A" Property Description Bull Pen Parcel A PARCEL OF LAND SITUATED IN LOTS 4 ANT)8, SECTION 14. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND fN PLACE(1980): NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 ANI) WESTERLY OF THE EAST LINE OF SAID LOT 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TI IE SOUTHEAST CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46' 50" E. A DISTANCE OF 3922,61 FEET(WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE TO A BEARING OF S 00 DEGREES 14.30" F FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAST CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56' 50" W. ALONG THE SOUTHERLY LINES OF SND LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A PONT ON A FENCE LINE AS CONSTRUCTED AND IN PLACE(1980); THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23" E,ALONG SAIL) FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980);THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE(3) COURSES' 1) S 73 DEGREES 54'22" E, A DISTANCE OF 369,02 FEET 2) S 65 DEGREES 30' 55" F, A DISTANCE 0F56 13 FEET 3) S 42 DEGREES 31'29" E, A DISTANCE OF 397.85 FEET TO A POINT ON THE EASTERLY LINE 01: SAID LOT 8; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15.27 FEET TO THE POINT OF BEGINNING COUNTY OF PITKIN, STATE OF COLORADO 8497405 I EXHIBIT "B" TITLE EXCEPTIONS BULL PEN PARCEL I. THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017. 2 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05. 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 16n, RECORDED JUNE 21. 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 3 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02. 1908, IN BOOK 55 AT PAGE 166, RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 47, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27. AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 4. TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 5. SIX AND ONE-QUARTER PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 6. EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833, 7. RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 324 8. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 382 9 TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED MARCH 27. 1974 IN BOOK 285 AT PAGE 4_16 10. EASEMENT AND RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF PRINCE CREEK. 11. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755. 12 TERMS,CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 096. 13. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 129. 14. TERMS,CONDITIONS AND PROVISIONS OF TRENCH. CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12,2007 AT RECEPTION NO. 533400 15 TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 06. 2007 AT RECEPTION NO 51468 8995334 SPECIAL WARRANTY DEED THIS DEED,dated July� 2016 between the DED"2004"TRUST.a Texas trust.Grantor,and die BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO.whose address k 530 East Main Street, Aspen,Colorado 81(d.1,Grantee: WITNESS,that the Grantor, for and in consideration of the sum of TEN DOLLARS($10004 ANI) OTHER GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged.has granted,bargained.sold and eonseyed,and by these presents does grant,bargain.sell convey and confirm unto the grantee its successors and assigns forever,all the real property,together with'mural,enients, it any.situate,lying and being in the County of Pitkin and State of Colorado,described as tollows: SEE EXHIBIT"A"ATTACHED HERETO C ommmnly known as agricultural land near Carbondale,Colorado(the"Property"; TOGETHER nth all and singular the hereditaments and appurtenances thereunto belonging,u:in anywise appertaining,the reversion and reversions, reniaindet and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of Grantor, either in law or equity, ut, in and to the above bargained premises.with the hereditaments and appurtenances;EXCEPTING AND RESERVING, HOWEVER, unto Grantor, all water rights associated with the Property,whether adjudicated,unadiudicated, historically benefitting or appurtenant to the Property. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee,as successors and assigns forever.Grantor,for itself,as successors and assigns does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns,against all and every person or persons claaning the whole or any part thereof,by,through or under the Grantor EXCEPT FOR AND SUBJECT TO THE EXCEPTIONS TO TITI,E LISTED ON EXHIBIT"B"ATTACHED HERETO IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth abase DKD"2004"TRUST,a Texas trust yi U Emma fanrger.Trustee A, tic ., STAT L OF COLORADO COUNTY OF PITKIN I A, V The foregoing instrument was acknowledged before this �g day of July, 2016, by Emma Danciger.Trustee on behalf ol'Ihe DED"2014"Trust,a Texas trust. Witness my hand and official sea My commission espies._ (/IU _ tr J;i1 .41.1*C17 tex, .'4 won PUtIO N• ,P J Mt OPOOLORADO NOAH(102012i022%6 8q971 MY I,ry SSON EXPIRES APRIL 2A 2020 RECEPTION#: 631089, 08102/2016 at 12:18:14 PM, 1 OF a, R $0.00 DF $0.00 Doc Code SPEC WD Janice K.Vos Caudill, Pitkin County, CO EXIIIBIT "A" Property Description Trail Parcel 1 and Trail Parcel 2 TRAIL PARCEL t SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK FRAIL, ACCORDING TO THE PLAT THEREOF RECORDED Jk ly 2'l , 2016 IN PLAT BOOK 115 AT PAGE LI . l COUNTY OF PITKIN,STATE OF COLORADO. TRAIL PARCEL 2, SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL, ACCORDING TO THE PLAT THEREOF RECORDED 1-1-LLIy ?A ,2_016 IN PLA f BOOK 115 AT PAGEHI . J COUNTY OF PFI KIN, STATE OF COLORADO. 8997508_1 EXHIBIT "B" TITLE EXCEPTIONS TRAIL PARCEL I AND TRAIL PARCEL 2 I THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017 2. EXISTING LEASE AND TENANCIES. (NOTE. THIS EXCEPTION WILL BE REMOVED AFTER RECEIPT OF COMMERCIAL CLOSING AFFIDAVIT IN WHICH THE SELLER STATES THAT THERE ARE NO LEASES ON THESE PARCELS) 3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 05, 1895, IN BOOK 55 AT PAGE 61, RECORDED MARCH 21, 1908 IN BOOK 55 AT PAGE 169, RECORDED JUNE 21, 1892 IN BOOK 55 AT PAGE 27, AND RECORDED APRIL II, 1923 IN BOOK 55 AT PAGE 2- 4 -4 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF TIIE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 02, 1908, IN BOOK 55 AT PAGE I6h, RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 237, RECORDED JUNE 21, 1892 N BOOK 55 AT PAGE __%, AND RECORDED APRIL 11, 1923 IN BOOK 55 AT PAGE 274 5. TWELVE AND ONE-HALF PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY ROBERT W. LONG IN DEED RECORDED APRIL 17, 1961 IN BOOK 193 AT PAGE 479, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. SIX AND ONE-QUARTER PERCENT ROYALTY INTEREST IN ALL OIL, GAS AND OTHER MINERALS PRODUCED AND SAVED FROM THE SUBJECT PROPERTY AS RESERVED BY M. STANLEY PINGS AND AMY W. PINGS IN DEED RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 835,ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 7. A STRIP OF LAND 25.00 FEET IN WIDTH, 12.50 FEET ON EACH SIDE OF THE EAST MESA DITCH AS CONVEYED TO FRANK E SWEET IN DEED RECORDED FEBRUARY 27, 1895 IN BOOK 115 AT PAGE 499 8. EASEMENTS AND RIGHTS OF WAY CONVEYED IN DEED RECORDED DECEMBER 23, 1968 IN BOOK 238 AT PAGE 833. 9. RESERVATIONS, EASEMENTS AND PROVISIONS CONTAINED IN DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE +24. 10 TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MARCH 26, 1974 IN BOOK 285 AT PAGE 377. II. EASEMENT AND RIGHT OF WAY FOR TIIE UNINTERRUPTED FLOW OF PRINCE CREEK. 12 TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755. 13. TERMS, CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RECORDED DECEMBER 05, 1988 IN BOOK 579 AT PAGE 996. 14. TERMS. CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING RECORDED MARCH 15, 1993 IN BOOK 706 AT PAGE 120. 15 TERMS,CONDITIONS AND PROVISIONS OF RESOLUTION 98-205 APPROVING THE DANCIGER/TYBAR RANCH SUBDIVISION /PUD CONCEPTUAL SUBMISSION RECORDED DECEMBER 03, 1998 AT RECEPTION NO 423077 AND EXTENSION OF THE CONCEPTUAL APPROVAL IN RESOLUTION 99-183 RECORDED NOVEMBER 24, 1999 UNDER RECEPTION NO 438011 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 113-2000 APPROVING THE DANCIGER/TYBAR RANCH SUBDIVISION/PUD DETAILED SUBMISSION, FINAL PLAT AND CARETAKER DWELLING UNIT RECORDED SEPTEMBER 05, 2000 AT RECEPTION NO 440686. 17. TERMS,CONDITIONS AND PROVISIONS OF TRENCH,CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12,2007 AT RECEPTION NO. 53;:09 18. TERMS,CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY RECORDED JANUARY 12, 2007 AT RECEPTION NO. 553310. 19 TERMS,CONDITIONS AND PROVISIONS OF SUBDIVISION/PUD AGREEMENT RECORDED APRIL 09, 2007 AT RECEPTION NO 5564-15 20. EASEMENTS. RIGIITS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE PLAT OF TYBAR RANCH SUBDIVISION/PUD RECORDED APRIL 9, 2007 IN PLAT BOOK 83 AT PAGE 28. 21. TERMS, CONDITIONS AND PROVISIONS OF OCCUPANCY DEED RESTRICTION AGREEMENT RECORDED JUNE 14,2007 AT RECEPTION NO 538999(OPEN SPACE PARCEL B). 22. TERMS, CONDITIONS AND PROVISIONS OF OCCUPANCY COVENANT AND AGREEMENT RECORDED JUNE 27, 2007 AT RECEPTION NO. 5393800. 23. TERMS, CONDITIONS AND PROVISIONS 01- AGREEMENT RECORDED DECEMBER 06, 2007 AT RECEPTION NO. 544687. 24. TERMS, CONDITIONS AND PROVISIONS OF PITKIN COUNTY COMMISSIONERS RESOLUTION NO 055-2013 RECORDED AUGUST 19,2013 AT RECEPTION NO 61:'04 AND ADMINISTRATIVE DECISION NO. 34-2016 RECORDED MAY 11, 2016 AT RECEPTION NO. 929270 25 EASEMEN , RIGHTS OF WAY ryND ALL OTHER MATFE AS DISCLOSED N THE SUBDIVI ON EXEMPTION PLL OF OPEN SPACE PAR LS FOR TYBAR ANCH TRAIL CORDED UNDER RECEPT ON NO .24 EASEMENTS,CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL RECORDED JU5 2q 2016 -_aq_-�_�. J C(/1 Pr ,cece 'or) (o,j�O air 7/. TERMS, CONDITIONS, PROVISIONS AND OBLIGA'I IONS OF OR INANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,N�9. Itt SERIES OF 2016 RECORDED JUX 24 ,2016 AS RECEPTION NO.&AI/gadAND EMERGENCY ORDINANCE RECORDED Jut, 24 . 2016 AS RECEPTION NO 43O90 V . 849576.4_] RESTRICTIVE COVENANTS FOR TYBAR BULL PEN PARCEL THESE RESTRICTIVE COVENANTS (the "Covenants") are entered into effective as of the n2 Ot_h day of T\4L , 2016 (the "Effective Date"), by and between DKD "2.004" TRUST, a Texas trust, doing business as TYBAR ANGUS RANCH ("Tybar") and the BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY, Colorado (the "County"). RECITALS: A. Tybar is the owner of the real property described as the Tybar Ranch Subdivision/PUD, according to the Plat thereof recorded April 9, 2007 in Plat Book 83 at Page 28 as Reception No. 53644, as modified and amended by the Subdivision Exemption Plat of Open Space Parcelsfor the Prince1Creek 'I rail recorded Sul Z4r'j Cv , 2016 in Plat Book � at Page I-7 as Reception No. &3 'i 2_ (the "tybar Property"). B The County, in Ordinance No Olio -2016 (the "Approval Ordinance"), approved the acquisition from Tybar of a 4.918-acre tract of land (the "Bull Pen Parcel") located south of and across Prince Creek Road (Pitkin County Road No. 5) from the Tybar Property. The Bull Pen Parcel is legally described on Exhibit "A" attached hereto and shown on a reduced copy of the Improvement Survey Plat of the Bull Pen Parcel (the "Improvement Survey Nat") attached hereto and labeled as Exhibit "B." C Tybar and the County have agreed upon the terms and conditions of the sale and transfer of the Bull Pen Parcel from Tybar to the County, and in connection therewith Tybar and the County desire to enter into and establish these Covenants which shall burden the Bull Pen Parcel and benefit the Tybar Property. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows 1 . Trailhead Use Restrictions Applicable to Bull Pen Parcel So long as the County owns all or any portion of the Bull Pen Parcel, the use of the Bull Pen Parcel shall be limited to [railhead parking, picnicking and related recreational activities, and to provide public restrooms consistent with these permitted uses and restrictions (hereinafter collectively referred to as the "Trailhead Use Restrictions"); provided, however, that pursuant to Section 13.5.3 of the Pitkin County Home Rule Charter, the County reserves the right to convey interests in the Bull Pen Parcel and in connection therewith unilaterally terminate the Trailhead Use Restrictions in the event the County determines, in its sole discretion, that all or some portion of the Bull Pen Parcel is not RECEPTION#: 631086. 08/02/2016 at 12:02:12 PM, 1 OF 8, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill, Pitkin County, CO needed for trailhead parking in this location, or if all or any portion of the Bull Pen Parcel is not essential for the preservation of Open Space. Any portion of the Bull Pen Parcel which the County designates as being not needed for trailhead parking or not essential for the preservation of open space shall hereinafter he described as an "Unrestricted Parcel". 1 he termination of the Tradhead Use Restrictions on an Unrestricted Parcel shall be effective as of the date the County sells and conveys title to an Unrestricted Parcel to a third party. '_. Commercial Use Restrictions Applicable to Bull Pen Parcel. The Bal? Pen Parcel shall not be used for commercial purposes. The forgoing restriction on commercial uses shall remain :n place until the earlier to occur of either Ia) the date which is thirty (30) years from the Effective Date of these Covenants; or, (b) the date on which the last remaining portion of the Tybar Property ceases to retain its agricultural land classification, as provided under the State of Colorado and the Pitkin County Assessor's property tax valuation and assessment statutes, rules and regulations. 3. Prohibition of Development of Mineral Estate. The exploration, leas,ng or development of the oil, gas and other mineral rights and interests underlying the Bull Pea Parcel from the surface of the Bull Pen Parcel is and shall be strict!) prohibited. 4. Tvbar's Reserved Water Rights and Water Facilities. The parties acknowledge that the County shall own all right, title and interest in the water rights and well facilities associated with Colorado Division of Water Resources Well Permit Number 156225, with an owner well designation of Danciger #1 Well, located on the Bull Pen Parcel. Tybar reserves all other ditch, reservoir, well and other water rights. whether adjudicated, unadjudleated, historically benefitting or appurtenant to the Bull Pen Parcel (collectively, the "Reserved Water Rights"). The Reserved Water Rights include Fybar's rights and the rights of third parties in and to the Vandventer Spring Ditch and the Vandventer Spring Ditch pipeline and domestic water system and appurtenant easement rights (collectively, the "Vandventer Spring Facilities"),which include (a) all Vandventer Spring Ditch water rights, (b) all easements and rights of way for transporting such water rights, (c) all water pipes, lines, cisterns. water tanks. vents, pump houses, surface improvements, electric riser and utility lines and facilities located on the Bull Pen Parcel which sere and benefit the Vandventer Spring Facilities; td) all fencing enclosing the Vandventer Spring Facilittes as shown and described on the Improvement Survey Plat, and, te) a right of access to and from the Vandenter Spring Facilities for purposes of maintaining, operating, repairing or replacing any and Vandventer Spring Facilities. 5, Temporary Irrigation Water for Revegetatton of Buil Pen Parcel. To the extent permitted by law, and consistent with prior water irrigation practices on the Bull Pen Parcel, for a period of three (3) years from the effective date of these Covenants, and during the June I to September 30 irrigation season, Tybar agrees to provide the County with excess temporary irrigation water to aid the County in its efforts to revegetate the disturbed surface areas of the Bull Pen Parcel following parking lot traiihead construction. The source of the irrigation water shall be from water resources 2 on the Tybar Property, and the water shall be delivered to the Bull Pen Parcel via a temporary three inch (3") pipe extending from an existing sprinkler irrigation riser on the Tybar Property, and through an existing corrugated metal culvert under Prince Creek Road. The maximum amount of excess irrigation water that Tybar will make available to the Bull Pen Parcel is 0.lcubic feet per second (c.f.s.) of time or 45 gallons per minute. The County shall be responsible for managing the water distribution once the water enters the Bull Pen Parcel. The County shall notify Tyhar ten days in advance of when the County desires water deliveries, and such water shall be made available if and only if Tybar determines, in its sole discretion, that sufficient excess water resources are available. Tybar will not guarantee delivery of irrigation water during periods of drought when there is likely to be no excess irrigation water. 6. Miscellaneous. These Covenants shall be recorded in the real property records of Pitkin County. Theses Covenants shall constitute covenants running with the land and shall not be amended, modified or terminated without the prior written consent of Tybar and the County, and shall be binding on the parties hereto, and their respective successors and assigns. In the event of any breach or threatened breach of the terms and conditions of these Covenants, either party shall have the right to seek specific performance against the other party. In the event of litigation to enforce any of the terms or pro%isions of these Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys fees. IN WITNESS WHEREOF, the parties hereto have executed these Covenants effective as of the day and year first above written. TYBAR: DKD "2004" TRUST, a Texas trust By: 4r14.r+ti K OY. ,,,_, Emma )anciger.jT`ruste STATE OF COLORADO A . Co- ss. COUNTY OF PITKIN ) A The foregoing instrument was acknowledged before me this.2- day of July, 2016 by Emma Danciger,Trustee on behalf of DKD"2004"Trust, a Texas trust. AA . ACa- Witness my hand and official seal. My commission expires: /J.uj,202C , OMSK IOW WARY MATE -- NOIRRY Id 10I24022$Notary Pu* i MY COMMON EXPIRESAPRIL 28,_- 3 COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By. <141 Board Chain:maw. STATE OF COLORADO ss. COUNTY OF PITKIN n 1 The foreg�-oitTips rument was acknowledged before me this&Q dy of July, 2016 by ��QL�1'ALQ_ x as Chairuaaa of the Board of County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. ll r� My commission expires: ��/p`Vbo SUSANNCOLORAR M'F Vat .�l � . NOTARY PUBLICSTATE OF COLORA00 lipNOTARYINM 1996400]05] 2ublic MY COMMISSION EXPIRES D5-20-2020 List of Exhibits Exhibit "A" Legal Description of Bull Pen Parcel Exhibit "B" Improvement Survey Plat Showing Bull Pen Parcel 889(4)49_1 4 EXHIBIT"A" Property Description Bull Pen Parcel A PARCEL OF LAND SITUATED M LOTS 4 AND 8, SECTION 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(19801, NORTHERLY OF THE SOUTH LINE OF SAID LOTS 4 AND 8 AND WESTERLY OF THE EAST LINE OF SAID LOT 8, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAS F CORNER OF SAID LOT 8, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS S 36 DEGREES 46' 50" F, A DISTANCE OF 3922.61 FEET(WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE 10 A BEARING OF S 00 DEGREES 14'30" E FROM THE 1/4 CORNER COMMON TO SECTIONS 13 AND 14,TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO SAID SOUTHEAS I CORNER OF SAID SECTION 14); THENCE N 89 DEGREES 56' 50" W ALONG THE SOUTHERLY LINES OF SAID LOTS 4 AND 8 A DISTANCE OF 768.71 FEET TO A POINT ON A FENCE LINE AS CONSTRUC FED AND IN PLACE (1980),THENCE LEAVING SAID SOUTHERLY LINE N 12 DEGREES 40'23" E, ALONG SAID FENCE LINE A DISTANCE OF 441.13 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY FENCE OF PRINCE CREEK COUNTY ROAD AS CONSTRUCTED AND IN PLACE(1980),THENCE LEAVING SAID FENCE LINE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE(3) COURSES. 1)S 73 DEGREES 54'22" E.A DISTANCE OF 369.02 FEET 2) S 65 DEGREES 30' 55" E, A DISTANCE OF56 13 FEET 3) S 42 DEGREES 31' 29" E, A DISTANCE OF 393 85 FEE I TO A POINT ON THE EASTERLY LINE OF SAID LOT 8, THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 00 DEGREES 19'05" E, ALONG SAID EASTERLY LINE OF SAID LOT 8 A DISTANCE OF 15 27 FEET TO THE POINT OF BEGINNING COUN I Y OF PITKIN, STATE OF COLORADO 8997485 I EXHIBIT 4 s 111 PI E t -.`a ei lita .11: a s5 e . y} a ,a1 qtq hill Wil k i 3 1w 'p it .t% °i O ..E `� ! iit 6 I 1 a162x OA-f1ti14tI l41 _t a i- 'k9 1gt1 .4.ri4q';v. x i,1 46tat III:31gkg a{( W.' 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't 1_% ;IS 7 1 TA • n i- + 1 'E S tit e�`itf % 1 sA t/'�Rf?l'J *7 lY I, ''Fthi'' ' 1' Iif i►''.iltN Ii i 11111 ,. .pt one 680549 • RESTRICTIVE COVENANTS FOR OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL AND EASEMENT AREAS THESE RESTRICTIVE�1COVENANTS (the "Covenants") are entered into effective as of the of 965 day of Jut,' _. 2016, by and between EMMA DANCIGER, in her inndfvidual capacity and the DKD "2004" TRUST, a Texas trust, collectively doing business as TYBAR ANGUS RANCH (collectively, "Tybar") and the BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY, Colorado (the "County"). RECITALS: A. Tybar is the owner of the real property described on Exhibit "A" attached hereto (the "Tybar Property"). B. Pursuant to Resolution No. 055-2013 of the Board of County Commissioners of Pitkin County, Colorado. recorded in the official records of Pitkin County under Reception No. 602604 and the Amendment thereto approved by Administrative Decision No. 034-2016 recorded in the official records of Pitkin County under Reception No. 629276 (the "Approvals"), the County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels (the "Open Space Parcels"), hereinafter referenced as Trail Parcel I and Trail Parcel 2, to be created from portions of the Tybar Ranch Subdivision/PUD as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Plat Book 83 at Page 28 under Reception No. 53644. The Open Space Parcels are legally described on Exhibit "B" attached hereto and are illustrated on the Subdivision Exemption Plat recorded on July ?9 2016 in Plat Book //S at Page i4/ under Reception No. 309999 2- . A reduced copy of the Subdivision Exemption Plat is attached hereto and labeled as Exhibit "C " C. Additionally, the acquisition Ordinance No. 016-2016. recorded in the official records of Pitkin County under Reception No. Gk30 994 contemplated the donation of two (2) Easement Areas, with one Easement Area being located in Garfield County and one Easement Area being located in Pitkin County. Such Easement Areas are legally described on Exhibit "D" attached hereto, and shown on the Location Maps attached hereto as Exhibits "E" and "F". D. Tybar and the County have agreed upon the terms and conditions of the sale and transfer of the Trails Parcels from Tybar to the County as well as the terms and conditions of the donation of the Easement Areas. and to accommodate the use by Tybar of the retained portions of the 7 ybar Property (the "Retained Tyhar Property'). Tybar and the County desire to enter into and establish these Covenants that shall burden the Trails Parcels and Easement Areas and benefit the Retained Tybar Property. RECEPTION#: 631090, 08/02/2016 at 12:18:15 PM, 1 OF 24, R $0.00 Doc Code COVENANTS Janice K. Vos Caudill Pitkin County. CO J ■° Firjk, :!' w&' 'tPLf.I t�!ii+tl:Ir.4',ln.!�t,t ,}, �i'ii Pcept Aonu Lant343 r _ V .0 Im „ a rm. . hi. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Use Restrictions Applicable to Trails Parcels and Easement Areas. Tybar hereby declares and covenants that the Trails Parcels and Easement Areas shalt be used for open space and trails purposes only. The development of the Trails Parcels and Easement Areas with building improvements shall be expressly prohibited. For purposes of these Covenants, the term "building improvements" shall include any above grade man-made structure of any size or shape; the term "building improvements" excludes utilities, landscaping, irrigation systems and facilities, water features and at- grade improvements such as public trails, roads, pathways and driveways. The parties acknowledge that the use of the Trails Parcels and Easement Areas shall be expressly limited to hiking, mountain biking and equestrian trail uses and that any motorized uses shall be strictly prohibited, except for motorized vehicles used exclusively for trail construction, maintenance and emergency response services by the County and/or its authorized agents and governmental affiliates. _. FencintRestrictions. The future use and improvement of the "trails Parcels will require the relocation of certain portions of the agricultural fencing that currently serves the Retained Tybar Property's cattle operations and livestock grazing activities. Prior to the removal of any existing fencing on the Trails Parcels or Easement Areas that presently fence out Tybar's livestock from Prince Creek Road, the County shall pay for the materials to erect any new fencing that may be required to fence out livestock from the Trails Parcels. Any new fencing shall be installed under Tybar's supervision. Tybar and the County shall share equally in the cost of labor for installing the new fencing, and either party shall having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Trails Parcels and shall be constructed of woven and barbed wire satisfactory to Tybar with a height of not less than fifty-two inches (52") above existing grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above existing grade down to forty-two inches (42") above existing grade when livestock are not present on the Retained Tybar Property. Tybar shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing, and Tybar shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to this paragraph so long as any portion of the Retained Tybar Property continues to be used for cattle operations and livestock grazing activities. In the event the Tybar Retained Property completely ceases to be used for cattle operations or livestock grazing activities, the County, at the County's expense, may modify the fence to change the wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife migration. Creek clappers will be incorporated into the fencing and utilized as necessary at stream and irrigation ditch crossings. 3. Prohibition of Development of Mineral Estate. Tybar hereby declares and covenants that the exploration, leasing or development of the oil, gas and other mineral 1 RI:' rltitt i:Ak'4k Rtctption" t'8o544 rights and interests underlying the Trails Parcels from the surface of the Tails Parcels are and shall be strictly prohibited. 4. Tybar's Reserved Easement Rights. Tybar hereby reserves the right to construct, reconstruct and maintain (a) all utility lines and facilities. (b) all well and water line facilities and (c) all irrigation ditches. driveways and agricultural access ways in the easements located on, over, under and across the Trails Parcels and Easement Areas, as shown, described and dedicated on the Subdivision Exemption Nat Map and Location Maps. 5. Tvbar's Reserved Water Rights and Water Facilities. fhe County acknowledges that all ditch, reservoir, well and other water rights, including Tybar's rights to the uninterrupted flow of Prince Creek (collectively, the "Water Rights"), whether adjudicated, unadjudicated, historically benefitting or appurtenant to the Trails Parcels, are and shall be expressly excluded from the sale and transfer of the Trails Parcels, and are reserved by Tybar and by third parties who may have record interests in the Water Rights. 6. Miscellaneous. These Covenants shall be recorded in the real property records of both Pitkin and Garfield Counties. These Covenants shall constitute covenants running with the land and shall not be amended, modified or terminated without the prior written consent of Tybar and the County, and shall be binding on the parties hereto, and their respective successors and assigns. In the event of any breach or threatened breach of the terms and conditions of these Covenants, either party shall have the right to seek specific performance against the other party. In the event of litigation to enforce any of the terms or provisions of these Covenants, the prevailing party shall be entitled to an award of its reasonable attorneys fees. IN WITNESS WHEREOF, the parties hereto have executed these Covenants effective as of the day and year first above written. TYBAR: C k Emma Danciger, individually ( DKD "2004" TRUST, a Texas trust By: ✓ ;+yr '.ti EmmaADancigerTrusteeA U A . to- 3 lit!N!rJt"7' 41'.04 h!'.W&IL16/1V '1W.1I' Reception4 880599 STA I F. OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this X25-day of , 2016 by Emmaanciger, individually, and in her capacity n Trustee on behalf aruKD "2004" Trust, a Texas trust.' and Ein m� A' D` f5 c',"•i3 (gyp.. Witness my hand and official seal. My commission expires: _1/24700:1:i0 rK_ N btar' Pu tic TfIGBEiil.97> W—. VOTARY PUBLIC STATE OF COLORADO NOTARY ID 2012112239E MY CCIAMISSION EXPIRES APRIL 2E,2020 4 IF'P;4117 Cili :VI M P'6 F W,!.!+1;10101 1,', A;Ip Rtc.ptiond 860549 COUNTY: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO • S` Board Chairwan. STATE OF COLORADO ) 1 ss COUNTY OF PITKIN ) The foregoing instrument ' s acknowledged b ore me this` Q day of 2016 by , {1L d E j as Chairrxef•of the and County Commissioners of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: 5102()/90 SUSANNA MILLER M ,t/I NOTARY PUBLIC 11 �/y�,,�,,� � ///// STATE OF 0#16407COLORADO AA'Publi IPI ✓/`4�e NOTARY ONEXPP 600]052 tar Public MY COMMISSION EXPIRES 05-20-2020 I Y List of Exhibits Exhibit "A" Legal Description of Tybar Property Exhibit "B" Legal Description of [rails Parcels Exhibit "C" Reduced Copy of Subdivision Exemption Plat Showing Trails Parcels Exhibit "D" Legal Description of Easement Areas Exhibit "E" Location Map Showing Easement Area on AVLT Portion of Tybar Exhibit "F" Location Map Showing Easement Area on Garfield Cty. Portion of Tybar 6364007_4 S EXHIBIT "A" PMMA DANCIOER PROPERTY DESCRIPTION .4 trod of land situate /n Sostns 1712,17 and 14 Towtoao 8 South, Narpe 88 West of the 6th Paola/ and/en Lang man pot0xia described as Cara 6aNnis at the Southeast afar at sad Sotbn 1$• thence 5 (778»0' C 27667 foot along the oast Fns of sold Salton 77 a the Q n 4-At& County sarcoma S Etna 675625 tat *fng raid LW*Seta tsar N ES4'Jt W 75849 feet to the north Fne of La 9 of sad Section if Mace N 88'1178 E 291.6) feet otmg sad north One a Lot 9 to the matins of an h#gatan Ask chance 5 7726.0S' E 7479 feet clang said catch nnterfine to an existing lone: Nepro N 6572'48 E 13821 feet *bag said tenor; thence N S5412C F 41.01 tnt Nang sad fray thence S 7118'09' E 299:71 feet. fr_i g 44721T E 1ak79 het a on sating face.• thence S 25'52'4 £ 9876 at clop .tad lona: Marco S 897547E 65760 feet Wang sok/ fence: Mena N 2498'06' E • • 88.08 feet Wang gad fence thence N 70485' W 40598 Couto a malt In on e4ttNg pat-wast fancw, manes N 8990'44'F 7714.05 at along nM hnn; thence N rant' W 172.65 feat tang +old b,,cdmann N 40.8278 W 23.511 feet Wag said !nest tante N 1'0748 W 2.00 Jeal along ssood� hew testa south Fro of a tract of land casaba in Rook 525 of Fare 74fof Me mads of the Cant and 8scaVer of Garfield Canty Colon* thmae S 75'1572" E 57.127 feel Wong said nuN Inc: Noce S 872721' C 59470 test along sad nub limn tante 5 6950570' E 2577.91 feet along said south Naga the pat fine of Lot 5, Ssotfnn 12. thence S 1729'OT E 57382 feet o/5n9 sat oast lfne to he earth line of sold Seaton 12: thence 5 8¢4554' E 225647 lea achy said sato fine to the mutt a begat containing 724295 odes mom or less. ■UI 11;/11"F!'J410434It tLI,4:[44:, 1«:V'1Y41.)1II 11" r Receptions Et$0548 LW! 1.1/14 'H' Rec„ptionu 880549 I .- i'. � i 0� r � oYr4rF - EXHIBIT "A" DIS"2004" TRUST PROPERTY DESCRIPTION Order MwW): 00020317 Lana DES(1PIPITON rho South one-half of a. Southeast os.-gv.rt•r, the Northwest ono-garter of a. Southeast oa.•pu.rt.r, and the Smithy's! enc-gu.rt.r of Section Ii, Twmshlp I South, Reese SI Meet of the Sixth Priaalpel Meridian. EXCEPT that pare as described in hoed to Doul. O. bon reworded September 19, 1952 ill Each 155 at Pap Ill and as described la Correction sad Clarification Deed reworded S.pteabar 2, 197( La leak 911 et Page 170 a Ata.ptlon No. steno. COMITY 0► P1TEiN, ETAIT 09 COLORADO. •"' , Ip i"E'''lh i4'Ml 1171 Wrie d+54C IM,} #I !! R„„r,t,on,: II/10549 DIM"2004"TRUST PROPERTY DESCRIPTION Continued Tybar Ranch Subdivision/ MD according to the Final Plat thereof recorded April 9, 2007 in Plat Book 83 at Page 28 at Reception No. 536444 LESS AND EXCEPT: Trail Parcel I and Trail Parcel 2 of Open Space Parcels for the Prince Creek Trail, according to the plat thereof recorded July, 2016 in Plat Book 115 at Page `I I,at Reception No. 6 SO9QZ sW8 N4 11' K+4^iRMik'+,:11Jli11ti!,+KI:'Iiftu 11111 Rocepcionn 8P0543 EXHIBIT "B" Property Description Trail Parcel I and Trail Parcel 2 TRAIL PARCEL I SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK FRAIL. ACCORDING TO THE PLAT THEREOF RECORDED JIAX 2 , 2016 IN PIAT BOOK l S AT PAGE 241 COUNTY OF PITKIN, STATE OF COLORADO. TRAIL PARCEL 2 SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK 1 RAIL, ACCORDING TO THE PLAT THEREOF RECORDED Tu L42Ct , 2016 IN PLAT BOOK 16 AT PAGE�}1 .J COUNTY OF PITKIN, STATE OF COLORADO 8c97508-I EXHIBIT a Ii' i f131•07, 7,1 :,,, 7.14, ,,;„ 333,t! t44 I iii. i=.>14 °; fi 4 >� tilt : 1111} , : !. Rt 1 . "1 ' , 1, ii .,1, .a i� i u. , i feti {e {1{{. E ` ai 't , ;ak ala{. • , i ^ ` {I °;ia,r, °, e :III --'"—.••-• •—• '-- (1 k 1, ; a ;i , 1 i' i t le i : a.it 11; ill ils a^,:, I. L Ill I"Hitt" ; ;i al dill r , ^i 1 1 "y0;ii 'ii'Sit, 1i;ii" ili. i t,1 '{ 1a f'1! l` • 11 i4 fat t, 1 ' ii,ll ` .6;.111 ,iii' 10?' i '. j �i i I u A °� ,,;, a4 ; i.d .t� ii. ' 1�"i'11 i t • R ti81y18 !,lid t li il i1 ��X11' ii, 111 ti1� <i'1}i S`�" ' i't s , 'i; ilf . 11, 1 e i" iii; i+ `I ,. i3ta ,I:il + i !1 �ii. ii. " Ifii•. il;t€i f 4 ;p{ats 1 ; .iii ilii lie} , ?dr' '1;,i, i i i 11 • • _ ; y 4:' ^# .,1 a Iz `. 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( ƒ \ ' !$ ~ 11 in ! , ! y I { \ \{ ( I \ � � . j ( � ° wj ; .1 - . ) § / (//(% I , s 2 a/ � ^ ® \ K � \ / Q! / ƒ / a ! ] # \ 2 % ` ee \ / , 1Z % ( � \, v C #( ii --X1 : , § ) ] q ! !. R ili. f / g! ! '\ . ; ; ; ` \ ; ~ ` \ Q ) ( § | 1 ) • ! ` \ ! 1@ / ` ' . , hi { ) fr< i � . \ g . \ )} \ m ` ! ) �/ i � / /{, \ ' \ , I < 1 II FrilMAYIL VIP Pliffl10.11ATEIO 11 Rrcept 1005 880549 Pn EXHIBIT "D" Property Description Easement Area A EASEMENT AREA A: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE DEED RECORDED MAY 22, 1981 AS RECEPTION NO. 3151 1 1 OF THE GARFIELD COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION 11 AND THE NORTH 1/2 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89°57'00" W BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENT LOCATED AT 2ND& MAIN STREET AND THE MONUMENT LOCATED AT 8TH & MAIN STREET THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S.00°35'27"E. ALONG THE EAST LINE OF SECTION 13, FROM THE NE CORNER OF SAID SECTION 13 TO THE E '4 CORNER SAID SECTION 13, BOTH MONUMENTED BY FOUND 1924 US-GLO BRASS CAPS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT SAID NORTHEAST CORNER OF SAID SECTION 13,A FOUND 1924 US-GLO BRASS CAP IN PLACE; THENCE S.00°35'27"E.,ALONG THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 236.67 FEET TO THE NORTHEAST CORNER OF THE TYBAR RANCH SUBDIVISION, ACCORDING TO THE FINAL PLAT OF TYBAR RANCH SUBDIVISION/PUD, RECORDED APRIL 09, 2007 UNDER RECEPTION NO. 536444 OF THE PITKIN COUNTY RECORDS; THENCE LEAVING SAID EAST LINE S.89°50'41"W., ALONG THE NORTHERLY BOUNDARY LINE OF SAID TYBAR RANCH A DISTANCE OF 8,753.98 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY FENCE LINE OF PRINCE CREEK ROAD, THE TRUE POINT OF BEGINNING, THENCE ALONG SAID FENCELINE AND THE WESTERLY BOUNDARY OF SAID PROPERTY THE FOLLOWING SEVEN (7)COURSES: I)N.02°24'19"W„ 78.00 FEET; 2)N.01°20'59"E„ 124.23 FEET; 3)N,03°14'53"W., 76.67 FEET; 4)N.04°06'22"W, 106.99 FEET; 5)N.03°38'19"W, 196.19 FEET; 6)N 04°19'06"W, 139.79 FEET, 7)N.06°46'32"W, 37 70 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE LEAVING SAID FENCELINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY N.88°12'36"E„A DISTANCE OF 19.20 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY THE FOLLOWING THREE (3)COURSES: 1) S 0604023"E, 126A0 FEET; 2) S.03°43'42"E„ 208.23 FEET; 3) S.01°45'53"E.,425.42 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PROPERTY THENCE S.89°50'41"W., ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 20.74 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. 8997533_1 ■Pr ciNVI . ,\'rI' NJ Illi''1'A{lli+i'71 IIATW:'}, PI4 Racaptinnd 880549 EXHIBIT "D" Property Description Easement Area B EASEMENT AREA B: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22, 2001 AS RECEPTION NO. 454617 OF THE PITKIN COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89 DEGREES 5700"W. BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENTS LOCATED AT 2ND& MAIN STREET AND AT 8TH & MAIN STREET. THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S 00 DEGREES 14'30"E. FROM THE WEST 1/4 CORNER OF SAID SECTION 13 A FOUND REBAR AND CAP L.S. NUMBER 15710 TO THE SOUTHWEST CORNER OF SAID SECTION 13 A FOUND STONE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13, THENCE N 00 DEGREES 14'30"W. ALONG THE WESTERLY LINE OF SAID SECTION 13,A DISTANCE OF 1651.55'TO THE POINT OF BEGINNING, SAID POINT BEING THE MOST SOUTHWESTERLY ANGLE POINT OF SAID PROPERTY; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY AND CONTINUING ALONG SAID SECTION LINE N 00 DEGREES 14'30"W.,A DISTANCE OF 237.97 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY AND SAID SECTION LINE THE FOLLOWING SEVENTEEN (17)COURSES: S 65 DEGREES 17'39"E , 33.03 FEET; S 00 DEGREES 14'15"E., 213.44 FEET; S 38 DEGREES 45'37"E., 302.13 FEET; S 73 DEGREES 13'07"E., 514.66 FEET; N 84 DEGREES 48'00"E.,278.06 FEET; N 57 DEGREES 09'09"E , 235.28 FEET, N 13 DEGREES 13'44"E., 23.72 FEET, N 65 DEGREES 3711"E., 182.01 FEET; N 80 DEGREES 0445"E.,206.31 FEET: S 65 DEGREES 01'09"E, 245.84 FEET; S 71 DEGREES 10'34"E., 189.59 FEET; N 75 DEGREES 32'30"E., 143.58 FEET; S 50 DEGREES 01'32"E, 135.28 FEET; S 39 DEGREES 23'22"E., 28.14 FEET; N 71 DEGREES 33'03"E.,46.46 FEET; S 40 DEGREES 53'36"E., 1,091.65 FEET, S 09 DEGREES 56'03"E., 533.56 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22, 2001 AS RECEPTION NO. 454617. THENCE ALONG SAID SOUTHERLY BOUNDARY LINE N 89 DEGREES 49'43"W.,31.30 FEET TO THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF PRINCE CREEK ROAD*; IM/501740111 NUOIA/AlUarq7,14 Peception4 8.69543 THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE ALONG SAID NORTHERLY RIGHT- OF-WAY THE FOLLOWING FOURTEEN (14)COURSES: N 16 DEGREES 14'30"W., 136.09 FEET; N 08 DEGREES 50106"W., 209.11 FEET; N 20 DEGREES 27'17"W., 187.46 FEET; N 37 DEGREES 01134"W., 366.68 FEET; N 43 DEGREES 24121"W, 725A3 FEET; N 66 DEGREES 13'54"W., 85.68 FEET; S 89 DEGREES 46103"W., 163.23 FEET; N 70 DEGREES 24125"W., 268.25 FEET; N 81 DEGREES 33154"W., 165.19 FEET; N 83 DEGREES 06120"W., 297.08 FEET; S 46 DEGREES 58'51"W.,227.99 FEET; S 84 DEGREES 48'00"W., 361.56 FEET; N 73 DEGREES 13'07"W, 529.79 FEET; N 38 DEGREES 4557"W.,321.76 FEET TO THE POINT OF BEGINNING. "PRINCE CREEK ROAD RIGHT-OF-WAY AS PER THE ALIGNMENT DETAILED ON THE RECORD PLATS OF PRINCE CREEK VILLAGE TRACTS (RECORDED AS RECEPTION NUMBER 150377)AND PRINCE CREEK SUBDIVISION(RECORDED AS RECEPTION NUMBER 154711). COUNTY OF PITKIN, STATE OF COLORADO. 8997531_1 •.9 : _ ; iii ...:: :-::!:::':::ti 8. .:F`� f': S.+s!- ;S ' y $ _ .... .-',:, 6:F!," , d -,v 41 ai_ _ e . 'i eel # e -ie s\ a- i ssisd at e' V ; ger 7ei ; d";;;1!: ;1 1 f e3! 5 1 en. . e iii 5; a _ r,, 2 erit 51.44g :5 i ° 229451"17,-425. ! 7iggig .551 a 'v it 5 } ,1 } 5 _ ggi 44 �:?€� C• - ' 1 �� 1 e "4"4-545,: _` 51€; t.v .g E .3e ;40551: , - - sZ;1!;.-' a. F :AI:.: s:it S @ gia 251 4 _ f€� hi dd 1111: .''l;e" j ;Yf .e, 'd 'a ` ;F W u aIry It —..e ' er .._ j 444 5t la - '� 44 C # z o o $%yFF A ;-t Ejg , . r.F .r' 4_ � °e.rni YSn11 N I`__ _"'fr; I �/^\ f./ ri • 5 he a i 'n P) II Pi .(�iiEi { ' S ` , 5' ; ' ! zo lR e ?i. tr. 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I f +I f N fiil! 111!'1 !111 i ti I II 11 t111P IItl 1 111 1 11 111I f�111 Pt I I ' 1 s1 111, tI tf ! s 1 � '• 'f II' 11!'I III►' t hi 1 t I Au 1 till tl km I 1 I 1 t I 1 11 I'flf I1tll 11 °SI 1 it II !ti 111111 ,lt1 It !t1 ' 11111 44 r ===.- I f I 1 % /i ° \ / � c 5 \ J , . 2l \ A ` _ \ . % \ \ ± \ \ \ \ +c \ § \ . \ ¥ ' \ ,k \ : � ƒ: as:- / y > \ � e ' ilir % V \ \_ . k\ \t s \:` \ r ! % \ c !1i 1\ q %9 • ° \s, ; V / \ 1\ %j\ �i I , \ . 1\ , ►\�1#\ \ \ 1 § \ \e�# , 1 ( % \e% \ . \ -------- \ � \ , \k %*t$tc\ � �% \ . \% �/ ! \ % " \ \ \ PUBLIC ACCESS AND USE EASEMENT THIS PUBLIC ACCESS AND USE EASEMENT (the "Easement"), made and entered into this 294"day of July 2016, by and between the DKD "2004"TRUST, a Texas trust ("Grantor"),-aind the Board of County Commissioners of Pitkin County, Colorado ("Grantee") (collectively, the "Parties"), RECITALS: A. Grantor is the record owner of certain real property located in Pitkin County, Colorado, located adjacent to and east of Prince Creek Road (Pitkin County Road No. 5), legally described on Exhibit A attached hereto and as depicted in Exhibit B attached hereto (the "Property"), and B. Pursuant to Resolution No 055-2013 of the Board of County Commissioners of Pitkin County, recorded in the Official Records of Pitkin County under Reception No. 602604 and the Amendment thereto approved by Administrative Decision No. 034-2016 recorded in the Official Records of Pitkin County Under Reception No. 629276 (the "Approvals"), Pitkin County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels (the "Open Space Parcels"). The two (2) Open Space Parcels, hereinafter referenced as Trail Parcel I and Trail Parcel 2, were to be created from portions of the Tybar Ranch Subdivision/PUD, as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Pla ook 83 at Page 28 under Reception No. 536444. Additionally, the acquisition Ordinance No. UIQ -2016, recorded in the Official Records of Pitkin County under Reception No. /03098 4 contemplated the donation of two (2) Easement Areas, with one Easement Area being located on land in Garfield County and the other Easement Area, being the subject matter of this Easement, being located on land in Pitkin County; and C. Grantor desires to donate this Easement and Grantee desires by this instrument (a) to accept said Easement subject to the restrictions set forth herein, and (h) to assume certain responsibilities in connection therewith. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, a variable width non- exclusive perpetual public access and use easement, which shall include a gravel or paved surface non-motorized trail of approximately 15' in width, running over and across the Easement, in an alignment that runs approximately parallel to the alignment of Prince Creek Road. The location of the Easement area is depicted on Exhibit B and is legally described on Exhibit C (the "Easement Area"). 2. Acceptance of Easement. Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement Area insofar as such activities may be allowed or required by this Easement RECEPTION#: 631088, 08/02/2016 at 12:18:13 PM, Page - 1 - 1 OF 17. R $0.00 Doc Code EASEMENT Janice K. Vos Caudill, Pitkin County, CO 3. Easement Use Restrictions. a) Public use of the Easement shall be exclusively for non-motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs within the Easement Area must be leashed at all times. b) This Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or re- codified from time to time, provided always that the provisions of this Easement shall control wherever they are more restrictive than the provisions of said Title XII. c) No motorized vehicles shall be permitted in the Easement Area except as needed for maintenance of the Easement Area, the construction and maintenance of the trail surface, or for emergency service responses. d) Grantor reserves the right to use and enjoy the Easement Area and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to maintain any previously designated agricultural access and livestock access areas or utility easements on the surface or in the subsurface of the Easement Area. Grantor shall notify Grantee at least 48 hours in advance of Grantor's performing maintenance or construction activities within the Easement Area that would disrupt trail users' use of the Easement. Upon receipt of such notice or notices, Grantee shall post appropriate signs and/or trail closure notices to warn or redirect trail users away from Grantor's maintenance or construction activities. This Easement is granted subject to the exceptions to title listed on Exhibit D attached hereto. 4. Covenants Regarding Fencing. Prior to the removal of any existing fencing on the Easement Area that presently fences out Grantor's livestock from Prince Creek Road, Grantee shall pay for the materials to erect any new fence as may be required to fence out livestock from the Easement Area. Any new fencing shall be installed under Grantor's supervision. Grantor and Grantee shall share equally in the cost of labor for installing the new fencing, with either party having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Easement Area and shall be constructed of woven and barbed wire satisfactory to Grantor with a height of not less than fifty-two inches (52") above grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above grade to forty-two inches (42") above grade when cattle are no longer present. Grantor shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing. Grantee, at Grantee's expense, shall be responsible for repairing any damages to the fencing caused by third parties, including trail users, but Grantor shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to these restrictions so long as any portion of the Tybar Ranch Subdivision/PUD continues to be used for cattle operations and livestock grazing activities. In the event Tybar Ranch Subdivision/PUD ceases to be used for cattle operations or livestock grazing activities, Grantee, at Grantee's expense, may modify the fence to change wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife mitigation. Creek clappers will be utilized as necessary at irrigation ditch crossings. 5. Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to maintain the public trail and Easement Area in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor,or its successors or assigns in interest in the ownership of the Property, in which case Grantor, or its successors or assigns in interest, shall perform the Page -2- maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by livestock(including cattle and horses) or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the public trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 6. Severability. Should any one or more sections or provisions of this Easement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Easement, the intention being that the various sections and provisions hereof are severable. 7. Governmental Immunity. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Easement, the monetary limitations or terms or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 8. Grantor's Immunity. The Parties expressly agree and acknowledge that this Easement has been granted for a "recreational purpose" under C.R.S. Section 33-41-101,et seq., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said Section 33- 41-101, et seq. By granting this Easement, Grantor shall have no obligation to repair,clear or otherwise maintain the Easement Area, or to insure or indemnity Grantee or the public for any injury, claim or damage to any person or property,whether alleged to have occurred as a result of use of the public trail or Easement Area for public non-motorized travel or otherwise, or due to the condition of the public trail or Easement Area. The provisions of this paragraph expressly extend to and shall include Grantor's trustees and beneficiaries, as well as Grantor's successors and assigns, and their respective agents, contractors and employees, and any record owner of all or any portion the Property. 9. Attorneys' Fees; Choice of Law and Venue. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation between Grantor(or their/its successors and assigns in the record ownership of the Property traversed by the Easement Area, or any part thereof) and Grantee, the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. This Easement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court for Pitkin County, in the Ninth Judicial District of the State of Colorado. Each party to this Easement shall have standing to bring an action to enforce the terms and conditions of this Easement in District Court, including an action for specific performance and injunctive relief. 10. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying Property traversed by the Easement Area, or any part thereof. The benefits and burdens hereof shall also run with the title to the Property and all parts thereof traversed by the Easement Area. This Easement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Property traversed by the Easement Area I I. Notices. Any notice, demand or document which either party is required or may desire to give, deliver or make to the other party shall be deemed delivered when sent via electronic delivery and deposited in the US Mail, via certified mail, return receipt requested addressed as follows: Page -3 - If to Grantor: DKD'2004"TRUST Emma Danciger do Tybar Ranch 1644 Prince Creek Road Carbondale Colorado 81623 e-mail: emmadancieerai me.com With copy to: Holland & Hart LLP, attention Thomas J. Todd, Esq 600 East Main Street, Suite 104 Aspen, Colorado 81611 e-mail: ttodd@hollandhart.com If to Grantee: Pitkin County Open Space and Trails attention: Dale Will, Director 530 East Main Street Aspen Colorado 81611 e-mail: dale.will Iaipitkincounty.com With copy to. County Attorney attention John Ely, Esq. 530 East Main Street Aspen Colorado 81611 e-mail.John elya-cpitkincounty.com IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written GRANTOR: DKD "2004" TRUST, a Texas trust By: r a D Emma Dancigcig er Trusteeze �J STATE OF COLORADO ) A , ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this 28=day of July, 2016, by Emmapanciger, Trustee of the DKD "2004" TRUST, a Texas trust. Ii Witness my hand and official se.l. My commission expires LJ NOTARY PUBLIC -/rni iHt/� 107)-- swe OF COLORADO 7Nbotary Pub NOTARY 10 2012402230e MY COMMISSION EXPIRES APRIL 2S,2020 Page -4- GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,C-----1141 COLORADO \ C-----114By: J • Rachel E. Richards, Chair STATE OF COLORADO ) ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me thisaQ day of July, 2016, by Rachel E. Richards Chair, Pitkin County Board of County Commissioners. Witness my hand and official/ Iao My commission expires: `�/ / ��y^� SUSANNAMILLEP �aikilth tr1 �// NOTARY PUBLIC STATE OF COLORADO Is ary Public NOTARY ID n 19964007052 MY COMMISSION EXPIRES 05.2u 2, Page -5- EXHIBIT"A" DKD "2004" TRUST PROPERTY DESCRIPTION Orrin Hotter: 0001(317 LEGALDESCRIPTION She South one-halt of the Southeast on.-Quarter, the Northwest ase-Quarter of the Southeast one-Quarter, and the Southnat one-Quarter of Mention Al, Township 0 South, Rupe MI Deet of ehe Sixth Principal Meridian. =DT that part as described la Deed to Loafs J. Lore recorded S.Dteab.r 12, 1369 to look 163 at Page 111 and as described In Correction and Clarification need recorded September 2, 1176 La Souk 31f at Page 190 as Reception No. 115710. CODNfr or =RAN, STATE or COLORADO. 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Ii P ! 111111111,11 k' lii1l I I iiiiiiiiiiiiii i I , . ' ° i cccuec°cecccc , i I i § ;ILII°S°CSee i I i Iiiiiliiiiiiii 3 /Iv 9 i i i iii 1 I�i g. `il I i i u. I - Yi@,0 i _ z 1 ii I Ifi:::: E......;: II IIIii� Iji I. If110JIM " P1 11 ; OiI;Ji!f IjI !i I1Ii 11111' I , 1Ia;,,,i1411 4lJ jl, II I SIiii3141/ EXHIBIT"C" Property Description Easement Area B EASEMENT AREA B: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22, 2001 AS RECEPTION NO. 454617 OF THE PITKIN COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN THE BASIS OF BEARING FOR THIS DESCRIPTION IS BASED ON A BEARING OF N 89 DEGREES 57'00"W. BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENTS LOCATED AT 2ND&MAIN STREET AND AT 8TH& MAIN STREET. THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S 00 DEGREES 14'30"E. FROM THE WEST 1/4 CORNER OF SAID SECTION 13 A FOUND REBAR AND CAP L.S. NUMBER 15710 TO THE SOUTHWEST CORNER OF SAID SECTION 13 A FOUND STONE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13,THENCE N 00 DEGREES 14'30"W. ALONG THE WESTERLY LINE OF SAID SECTION 13,A DISTANCE OF 1651.55'TO THE POINT OF BEGINNING, SAID POINT BEING THE MOST SOUTHWESTERLY ANGLE POINT OF SAID PROPERTY; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY AND CONTINUING ALONG SAID SECTION LINE N 00 DEGREES 14'30"W., A DISTANCE OF 237.97 FEET, THENCE LEAVING SAID WESTERLY BOUNDARY AND SAID SECTION LINE THE FOLLOWING SEVENTEEN (17)COURSES: S 65 DEGREES 17'39"E., 33.03 FEET; S 00 DEGREES 14'15"E.,213.44 FEET; S 38 DEGREES 45'37"E., 302.13 FEET; S 73 DEGREES 13'07"E., 514.66 FEET; N 84 DEGREES 48'00"E., 278.06 FEET; N 57 DEGREES 09'09"E., 235 28 FEET; N 13 DEGREES 13'44"E., 23 72 FEET; N 65 DEGREES 37'11"E., 182 01 FEET; N 80 DEGREES 04'45"E.,206.31 FEET; S 65 DEGREES 01109"E., 245.84 FEET; S 71 DEGREES 10134"E., 189 59 FEET; N 75 DEGREES 32'30"E., 143.58 FEET; N 50 DEGREES 01'32"E., 135.28 FEET; S 39 DEGREES 23'22"E., 28.14 FEET; N 71 DEGREES 33'03"E., 46.46 FEET; S 40 DEGREES 53'36"E., 1,091.65 FEET; S 09 DEGREES 56'03"E., 533.56 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THE WARRANTY DEED RECORDED MAY 22,2001 AS RECEPTION NO. 154617, THENCE ALONG SAID SOUTHERLY BOUNDARY LINE N 89 DEGREES 4943"W.,31.30 FEET TO THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF PRINCE CREEK ROAD*; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE ALONG SAID NORTHERLY RIGHT- OF-WAY THE FOLLOWING FOURTEEN (14)COURSES: N 16 DEGREES 1470"W., 136.09 FEET; N 08 DEGREES 50106"W., 209.11 FEET; N 20 DEGREES 27117"W., 187.46 FEET; N 37 DEGREES 01134"W., 366.68 FEET; N 43 DEGREES 2421"W., 725.43 FEET; N 66 DEGREES 13'54"W., 85.68 FEET; S 89 DEGREES 46'03"W., 163.23 FEET; N 7Q DEGREES 24'25"W.,268.25 FEET; N 81 DEGREES 33'54"W., 165.19 FEET; S 83 DEGREES 06'20"W., 297.08 FEET; S 46 DEGREES 58'51"W.,227.99 FEET; S S4 DEGREES 48130"W., 361.56 FEET; N 73 DEGREES I3'07"W., 529.79 FEET; N 38 DEGREES 45'37"W., 321.76 FEET TO THE POINT OF BEGINNING, 'PRINCE CREEK ROAD RIGHT-OF-WAY AS PER THE ALIGNMENT DETAILED ON THE RECORD PLATS OF PRINCE CREEK VILLAGE TRACTS(RECORDED AS RECEPTION NUMBER 150377)AND PRINCE CREEK SUBDIVISION (RECORDED AS RECEPTION NUMBER 154711). COUNTY OF PITKIN, STATE OF COLORADO. 8999511 1 EXHIBIT "Jr TITLE EXCEPTIONS EASEMENT AREA B I THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017 2 RIGH P OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PA FENT RECORDED SEPTEMBER 05, 1902, IN BOOK 55 AT PAGE I I I 3 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 30, 1926, IN BOOK 55 AT PAGE 58(1. 4 TERMS,CONDITIONS AND RESERVATIONS OF DEED RECORDED JANUARY 21, 1971 IN BOOK 253 AT PAGE 24 5 TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 27, 1974 IN BOOK 285 AT PAGE 417. 6 TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 80-13 RECORDED FEBRUARY 19, 1980 IN BOOK 383 AT PAGE X62 7. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 14, 1981 IN BOOK 415 AT PAGE S C. 8. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 15, 1987 IN BOOK 536 AT PAGE 755 9 TERMS,CONDITIONS AND PROVISIONS OF NON-EXCLUSIVE EASEMENT RECORDED MAY 15, 1987 fN BOOK 536 AT PAGE -611. 10. TERMS,CONDII IONS AND PROVISIONS OF SETTLEMENT AGREEMENT RECORDED DECEMBER 27, 2006 Al' RECEPTION NO 5326.44. I 1 FERMS, CONDII IONS AND PROVISIONS OF DETERMINATION RECORDED JUNE 06. 2001 AT RECEPTION NO 45520' 12 TERMS, CONDI LIONS AND PROVISIONS OF RESOLUTION# 094-2001 RECORDED NOVEMBER 08, 2001 AT RECEPT ION NO. 46157 13 TERMS,CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMEN I RECORDED APRIL 10, 2000 AT RECEPTION NO. 4121117 AND AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED JANUARY 11. 2008 AS RECEPTION NO. 5-15811. 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 036-2001 RECORDED MARCH 29, 2001 AT RECEPTION NO 45211 15. TERMS,CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 12, 2007 AT RECEPTION NO. 533399. 16 TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY RECORDED JANUARY 12,2007 AT RECEPTION NO 31310 17 TERMS, CONDITIONS AND PROVISIONS OF WATER RIGHTS AGREEMEN I' RECORDED MAY 19. 2009 AT RECEPTION NO. 559091. 18 ANY RIGHTS, INTERESTS OR EASEMEN PS IN FAVOR OF THE UNITED STATES OF AMERICA, THE STATE OF COLORADO, OR THE PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PAST AND PRESENT BED. BANKS OR WATERS OF PRINCE CREEK. 19 EASEMENTS AND RIGH IS OF WAY FOR PRINCE CREEK ROAD. 20 TERMS, CONDITIONS AND PROVISIONS OF FIRST AMENDMENT TO CORRECTED DEED OF CONSERVATION EASEMENT RECORDED JULY 29, 2011 AT RECEPTION NO. 5815/J). 21. TERMS, CONDITIONS AND PROVISIONS OF PITKIN COUNTY COMMISSIONERS RESOLUTION NO. 055-2013 RECORDED AUGUST 19,2013 AT RECEPTION NO 602601 AND ADMINISTRATIVE DECISION NO. 34-2016 RECORDED MAY 11. 2016 AT RECEPTION NO. 629276. 22. EASEMENTS,CONDITIONS,COVENANTS, RESTRICTIONS, RESERVATIONS AND NO FES ON THE PLAT OF SUBDIVISION EXEMPTION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL RECORDED 4l,rksf2 ,20161N BOOK AT PAGE k tide. 2ecPpkiVi4 b 3fosrt J 23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORgINANCE OF THE PITKIN COUNTY BOARD�iOF COUNTY COMMISSIONERS,NO. ID, SERIES OF 2016 RECORDEDEJ /9 , 2016 AS RECEPTION NO.4,30991/AND EMERGENCY ORDINANCE RE�ORDED Jai O 29 ,22016 AS RECEPTION NO. 6.3099171 . 24. TERMS,CONDITIONS, AND PROVISIONS OF SECOND AMENDMENT TO CORRECTED DEED OF CONSERVATION EASEMENT RECORDED 314bY a . 2016 AT RECEPTION NO (473 10 s£? Atiedt 8995718_2 t!rM'r1Li4Pi' '!' F•.-ept iontt 380550 2aI fIb ! r PUBLIC ACCESS AND USE EASEMENT THIS PUBLIC ACCESS AND USE EASEMENT (the "Easement"), made and entered into this .2 Cita day of July 2016, by and between Emma Danciger("Grantor"),and the Board of County Commissioners of Pitkin County,Colorado ("Grantee") (collectively, the "Parties"), RECITALS: A. Grantor is the record owner of certain real property located in Garfield County, located adjacent to and east of Prince Creek Road (Garfield County Road No. 1 l 1), legally described on Exhibit A attached hereto and as depicted in Exhibit B attached hereto(the "Property"); and B. Pursuant to Ordinance No. 055-2013 of the Board of County Commissioners of Pitkin County, recorded in the Official Records of Pitkin County under Reception No. 602604 and the Amendment theeto approved by Administrative Decision No. 034-2016 recorded in the Official Records of Pitkin County under Reception No. 629276 (the "Approvals"), Pitkin County established approvals for the Open Space Parcels for the Prince Creek Trail Subdivision Exemption to create two (2) open space parcels(the "Open Space Parcels"). The two (2)Open Space Parcels, hereinafter referenced as Trail Parcel I and Trail Parcel 2, were to be created from portions of the Tybar Ranch Subdivision/PUD, as such Subdivision/PUD is described in the plat thereof recorded in the Pitkin County real property records in Plat Book 83 at Page 28 under Reception No 536444. Additionally, the acquisition Ordinance No. 01 (0 -2016, recorded in the Official Records of Pitkin County under Reception No. to 300jO 4- contemplated the donation of two (2) Easement Areas, with one Easement Area being located on land in Pitkin County and the other Easement Area, being the subject matter of this Easement, being located on land in Garfield County; and C. Grantor desires to donate this Easement and Grantee desires by this instrument(a) to accept said Easement subject to the restrictions set forth herein, and(b)to assume certain responsibilities in connection therewith. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys unto Grantee and its successors and assigns, for the use and benefit of the general public, a variable width non- exclusive perpetual public access and use easement, which shall include a gravel or paved surface non-motorized trail of approximately 15' in width. running over and across the Easement, in an alignment that runs approximately parallel to the alignment of Prince Creek Road. The location of the Easement area is depicted on Exhibit B and is legally described on Exhibit C (the"Easement Area"). 2. Acceptance of Easement. Grantee hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained. Such acceptance does not preclude improvement or maintenance activities within the Easement Area insofar as such activities may be allowed or required by this Easement. Page - I - it 1''11?7!hQikQl!'JKrQ+AaIdis1+ 0 .1141'1vl ,W ) AFil Recept,onk 880550 1 7I PM O]h ca 3. Easement Use Restrictions. a) Public use of the Easement shall be exclusively for non-motorized recreation such as hiking, horseback riding, bicycling and nordic skiing. Dogs within the Easement Area must be leashed at all times. b) This Easement is governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code, as said Title XII may be amended or re- codified from time to time, provided always that the provisions of this Easement shall control wherever they are more restrictive than the provisions of said Title XII. c) No motorized vehicles shall be permitted in the Easement Area except as needed for maintenance of the Easement Area, the construction and maintenance of the trail surface, or for emergency service responses. d) Grantor reserves the right to use and enjoy the Easement Area and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to maintain any previously designated agricultural access and livestock access areas or utility easements on the surface or in the subsurface of the Easement Area. Grantor shall notify Grantee at least 48 hours in advance of Grantor's performing maintenance or construction activities within the Easement Area that would disrupt trail users' use of the Easement. Upon receipt of such notice or notices, Grantee shall post appropriate signs and/or trail closure notices to warn or redirect trail users away from Grantor's maintenance or construction activities. This Easement is granted subject to the exceptions to title listed on Exhibit D attached hereto. 4. Covenants Regarding Fencing. Prior to the removal of any existing fencing on the Easement Area that presently fences out Grantor's livestock from Prince Creek Road, Grantee shall pay for the materials to erect any new fence as may be required to fence out livestock from the Easement Area. Any new fencing shall be installed under Grantor's supervision. Grantor and Grantee shall share equally in the cost of labor for installing the new fencing, with either party having the right to utilize its own employees to provide such labor. All new fencing shall be placed within the boundaries of the Easement Area and shall be constructed of woven and barbed wire satisfactory to Grantor with a height of not less than fifty-two inches (52") above grade; provided, however, that the height of the new fencing will be capable of being reduced from fifty-two inches (52") above grade to forty-two inches (42") above grade when cattle are no longer present. Grantor shall continue to reserve the right to select the manner and method for replacing and maintaining such new fencing. Grantee, at Grantee's expense, shall be responsible for repairing any damages to the fencing caused by third parties, including trail users, but Grantor shall pay the cost of ongoing maintenance of any boundary fencing constructed pursuant to these restrictions so long as any portion of the Tybar Ranch Subdivision/PUD continues to be used for cattle operations and livestock grazing activities. In the event Tybar Ranch Subdivision/PUD ceases to be used for cattle operations or livestock grazing activities, Grantee, at Grantee's expense, may modify the fence to change wires or the weave of the fence, or reduce the height of the fence, or to install gates or create gaps for wildlife mitigation. Creek clappers will be utilized as necessary at irrigation ditch crossings. 5. Easement Care and Maintenance. Grantee hereby assumes complete responsibility for and agrees to maintain the public trail and Easement Area in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefore is caused by Grantor, or its successors or assigns in interest in the ownership Page -2- UI" N!CRN+`11'.1:41,V,'kFF IVdN$ &lhPAi} I ReCt pt'onl 380550 nn of the Property, in which case Grantor, or its successors or assigns in interest, shall perform the maintenance or care so required; provided, however that Grantor is not responsible for said damage if caused by livestock(including cattle and horses) or third parties. Grantee's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the public trail clear of rocks,vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 6. Severability. Should any one or more sections or provisions of this Easement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Easement, the intention being that the various sections and provisions hereof are severable 7. Governmental Immunity. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Easement, the monetary limitations or terms or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 8. Grantor's Immunity. The Parties expressly agree and acknowledge that this Easement has been granted for a"recreational purpose"under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to pursue the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said Section 33- 41-101, et seq. By granting this Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the Easement Area, or to insure or indemnify Grantee or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the public trail or Easement Area for public non-motorized travel or otherwise, or due to the condition of the public trail or Easement Area. The provisions of this paragraph expressly extend to and shall include Grantor's trustees and beneficiaries, as well as Grantor's successors and assigns, and their respective agents, contractors and employees, and any record owner of all or any portion the Property 9. Attorneys' Fees; Choice of Law and Venue. In the event the interpretation or enforcement of this Easement should ever become the subject of litigation between Grantor(or their/its successors and assigns in the record ownership of the Property traversed by the Easement Area, or any part thereof) and Grantee,the substantially prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. This Easement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in a District Court in and for Ninth Judicial District of the State of Colorado. Each party to this Easement shall have standing to bring an action to enforce the terms and conditions of this Easement in District Court, including an action for specific performance and injunctive relief. 10. Binding Effect. This Easement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying Property traversed by the Easement Area, or any part thereof. The benefits and burdens hereof shall also run with the title to the Property and all parts thereof traversed by the Easement Area. This Easement may only be amended in writing signed by Grantee and by the then-record owner or owners of the Property traversed by the Easement Area 11. Notices. Any notice, demand or document which either party is required or may desire to give, deliver or make to the other party shall be deemed delivered when sent via electronic delivery and deposited in the US Mail, via certified mail, return receipt requested addressed as follows: Page -3 - $ 1 KtI L1 U,tlt', r.111it, :llt4 ' 4AI +k4 WI!! Recep Lona aao5S0 If to Grantor Emma Danciger c/o Tyhar Ranch 164.4 Prince Creek Road Carbondale Colorado 81623 e-mail: Cittniadanciger o int cont With copy to: Holland& Hart LLP, attention Thomas J. Todd, Esq. 600 East Main Street, Suite 104 Aspen,t olorado 81611 e-mad. ttodd(inhollandhart.com If to Grantee: Pitkin County Open Space and Trails attention: Dale Will, Director 530 East Main Street Aspen Colorado 81611 e-mail: date.will @pitkincounty.com With copy to: County Attorney attention John Ely, Esq. 530 East Main Street Aspen Colorado 81611 e-mail.john.ely@)pitkincounty.com IN WITNESS WHEREOF,the parties have hereunto .,et their hands and seals as of the day and year first above written. GRANTOR: 117 deal Emma Danciger // STA FE OE COLORADO ) ) s COUNTY OF PITKIN The foregoing instrument was acknowledged before me this c18 day of July, 2016, by Emma Danciger. Witness my hand and officio t eal. My commission expires: q/20/2C&x 11 4,..11-1c _.rohrrfi.... �` � NOTARY NI STAMOROOLORADO- .To ry Public NOTARY IO 2012422$0 MY COMMIBBION EXPIRES ARK a.2021' Page -4- ■iReiM�r�o nils; u'1Mtll;il'e�' Rail"JIM'PI'OpIlil, r: bni kn4 88050 n GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: _, /'4 5 C, Rach l E. Richards, Chair` STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of July, 2016, by Rachel E. Richards Chair, Pitkin County Board of County Commissioners. Witness my hand and officia p.I. My commission expires: biab SUSANNA MILLER NOTARY PUBLIC / y/ /./ 1.4\ STATE OF COLORADO to Public NOTARY ID#19984007052 p' MY COMMISSION EXPIRES 05-20-2020 Page - 5 - EXHIBIT "A" EMMA DANCIGER PROPERTY DESCRIPTION A trod of land situate in Sections 11,12.13 and 14 Township 8 South Mop 88 West of the 60 Pnndpoi Meridian doing mora pvt6adorie dcanired as follows; 8plankg of the Southeast comet of sold SectIOn 12' thence S C236'00' f 23067 feet Clop Me eat (ins of said SeeSon 13 to the tierfield-r M, County one; awn S 893003 W 875625 fest along said county ling thence N 734JS' W 75849 40 to the north fine of tot 9 of sold Section 11; thence N eternise E 29467 feet okra said norm lino of Lot 9 to the cm recti of ort irrigation OW; thane S 3726'04 E 3432 feet along said Weep centerline to an existing Anee; Nance N 891246' E 116.21 feet along sold fence; thence N 0941'26' t 41.01 feet along said fence; thence S 3421&00♦ f 299a2 teen thenct S 40•32'40" £ 784:3g feet to on existing fence; Mance S 2552;33' E 98.76 feet along said fence; thence S 6935'43 E 857.60 lest along sold Inc.: thence N 2476'06' E MOD feat Wong sold fence; thorn N Stent W 40598 testis a point Mon e xisting vast-west fence; thenar N 69104♦• E 137.05 feet along sot fence; Mena N J'JJ'JY W 132.65 fast thong sold fence thence N 40'0156' W 13.50 fest Meng sold fence; thence N 107'48' W A00 Int Wong sant fencV to,Ma south tan of a hast of land dinanised 4, Rook 525 of Page N✓ot the records of the pen and Recorder of Garfield County. Cororodo; thence S 7515:37' t 57327 feet along said Guth /lie Mens S 872323 E 594.30 feet along said south biu; thence S 8g;0J;3;' E 2577.91 fete along ▪ d south fine//A the east tine of Lot 5, Section 12; thence S 07903- E 513.82 feet o/6ng sad east floe to Me south tins of Rood Section 12; thence S 894554 E 225647 Int Wang sad south Neu to the point of dpLnnMg, containing 124.295 owes more or less. II P1'1F'lIfiPf'17F,1 I+G•I 1'� N N4h lug,' "&V I }, Ill Ii Reception 880550 �i w5r• I.. Eq� . ro i icw'i II nulls• i Iii ,' ..,.. ii,ih( ::'Bras WI I 1`41""1"±-3l ,'2121'.11-:-i '1-i . id .-- I tI I ; s+_ :i� E ;I:!i € a I .I it of s I f- .3, l, h:2: 42,',Stall .f.` i i5. !f !Was; ,I , 1 E; 1 ! 1f Ed I11 - fd ,Ili f , 1 ,�4 4 pp it 1 ...2!/27 I s 10 I OWI ! ° hii: ; - 2112, 1 1 t'; 'P"2% 2-a.'ir ' ;i: i i 22 a:ei X'21 I i I:,i. : f IliI''d +:!j° z C 1 ! `.j) '''li I::: + . w. f - i ' - :;Pt t-' li 1' Si; ;iil. a ii1 I'i�� 1 is ,•1' I'3 Pr 1 — a SNC ` V-r ' • -+^ . ,' ‘ _ , , Nr ,4 . 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Rerrpt onl 810550 1=e' prcn EXHIBIT "C" Property Description Easement Area A EASEMENT AREA A: A PARCEL OF LAND SITUATED WITHIN THE PROPERTY DESCRIBED IN THE DEED RECORDED MAY 22, 1981 AS RECEPTION NO. 315111 OF THE GARFIELD COUNTY RECORDS, ALSO WITHIN THE SOUTH 1/2 OF SECTION I I AND THE NORTH 1/2 OF SECTION 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THE BASIS OF BEARING FOR Tills DESCRIPTION IS BASED ON A BEARING OF N 89'57'00" W BETWEEN THE FOUND NO. 5 STEEL BARS USED AS THE TOWN OF CARBONDALE STREET MONUMENT LOCATED Al 2ND & MAIN S FREE!'AND THE MONUMENT LOCATED AT 8T11 & MAIN STREET THIS ESTABLISHED A PROJECT BASIS OF BEARING OF S.00°35'27"E. ALONG THE EAST LINE OF SECTION 13, FROM THE NE CORNER OF SAID SECTION :3 '10 THE E 'a CORNER SAID SECTION 13, BOTH MONUMENTED BY FOUND 1924 US-GLO BRASS CAPS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SAID SECTION 13, A FOUND 1924 US-GLO BRASS CAP IN PLACE THENCE S.00°35'27"E., ALONG THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 236.67 FEET TO THE NORTHEAST CORNER OF THE TYBAR RANCH SUBDIVISION, ACCORDING TO THE FINAL PLAT OF TYBAR RANCH SUBDIVISION/PUD, RECORDED APRIL 09, 2007 TINDER RECEPTION NO. c36444 OF THE PITKIN COUNTY RECORDS, THENCE LEAVING SAID EAST LINE 5.89`50141"W., ALONG THE NORTHERLY BOUNDARY LINE OF SAID TYBAR RANCH A DISTANCE OF 8,753.98 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY FENCE LINE OF PRINCE CREEK ROAD, THE TRUE POINT OF BEGINNING,THENCE ALONG SAID FENCELINE AND THE WESTERLY BOUNDARY OF SAID PROPERTY THE FOLLOWING SEVEN (7)COURSES: I) N.02'241191'W, 78.00 FEET; 2)N.01°20'59"E., 12423 FEET; 3)N.03°14'53"W., 76.67 FEEL 4)N.0490622"W., 106.99 FEET; 5) N.03°3819"W., 196.19 FEET. 6) N.04°19106"W., [39.79 FEET; 7) N.06°46'32"W.,37.70 FEET TO'I HE NORTHWEST CORNER OF SAID PROPERTY; 'FHENCE LEAVING SAID FENCELINE AND ALONG TILE NORTHERLY BOUNDARY OF SAIL) PROPERTY N.88°1276"E., A DISTANCE OF 19 20 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY THE FOLLOWING 1 HREE (3)COURSES: I) S 06'4023"E., 126.40 FEET; 2) S.03°43'42"E., 208.23 FEET; 3) 5.01°45'53"E., 425 42 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID PROPERTY THENCE S.89°5U'41"W., ALONG SAID SOUTHERLY BOUNDARY LINE A DISTANCE OF 20.74 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE. OF COLORADO. N997533_I SI I NIVI hE:141,U 1�R'ivi'Ni' \ i idh'#t+IS t Ili'' Re_Fpt:ood fle0 50 EXHIBIT D List or Exceptions to Title Burdening Easement Area A (See attached.) 8q0[287_2 • 11; P"cdlb`°Y iv v. `a'4.4 , gyp,it Rec=8 tion4 980550 - GA111If11 "D" TITLE EXCEPTIONS EASEMENT AREA A I. THE LIEN FOR 2016 PROPERTY TAXES DUE AND PAYABLE IN 2017 2 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1904, IN BOOK 56 AT PAGE 501 AND RECORDED JANUARY 12, 1911 IN BOOK 71 AT PAGE 43I AND RECORDED MARCH 7, 1957 IN BOOK 298 AT PAGE 99 AND RECORDED MARCH20 1908 IN BOOK 71 AT PAGE 315 AND RECORDED OCTOBER 19, 1923 IN BOOK 73 AT PAGE Ph. 3 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1904, M BOOK 56 AT PAGE 501 AND RECORDED JANUARY 12, 1911 IN BOOK 71 AT PAGE-151 AND RECORDED MARCH 7, 1957 IN BOOK 298 AT PAGE 99 AND RECORDED MARCH 20, 1908 IN BOOK 71 AT PAGE 335 AND RECORDED OCTOBER 19, 1923 IN BOOK 73 AT PAGE 1'6. 4. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE TIIEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 21, 1892, IN BOOK 55 AT PAGE '_' OF THE PI I'KIN COUNTY RECORDS. 5. RIGH OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 21, 1892, IN BOOK 55 AT PAGE 27 AND RECORDED NOVEMBER 5, 1919 IN BOOK 55 AT PAGE 21' IN THE PITKIN COUNTY RECORDS. 6. 12 1/2 PERCENT ROYALTY INTEREST OF ALL OIL,GAS AND OTHER MINERALS AS RESERVED BY ROBERT W. LONG IN WARRANTY DEED RECORDED APRIL 12, 1961 IN BOOK 333 AT PAGE 31'AS RECEPTION NO. 213373 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 7 SIX AND ONE FOURTH ROYALTY INTEREST AS RESERVED IN INSTRUMENT RECORDED DECEMBER 23, 1968 UNDER RECEPTION NO 24238: 8 EASEMENT AND RIGHT OF WAY FOR THE EAST MESA DITCH. 9. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE EASEMENT AGREEMENT RECORDED DECEMBER 09, 1983 IN BOOK 640 AT PAGE 245 UNDER RECEPTION NO. 348052 10.. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUBDIVISION EXEM TION PLAT OF OPEN SPACE PARCELS FOR THE PRINCE CREEK TRAIL RECORDED rpU wst2 ,2016 Ltnd*e' RscoPE.'n O, 6,3/0 Sir JJJ 11 TERMS,CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS,NO. 16 SERIES OF 2016 RECORDED L 24 , 2016 AS RECEPTION NO. ,30'j41{AND EMERGENCY ORDINANCE REC DED ) 'j 2'L 2016 AS RECEPTION NO _C 8495718 3