HomeMy WebLinkAboutbocc.ord.015.2018 CONTRACT
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITION
COUNTY,COLORADO,AUTHORIZING ACQUISITION OF JOINT INTEREST IN
THE RED HILL CONSERVATION EASEMENT
ORDINANCE NO. 69/5 -2018
RECITALS:
1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners of Pitkin County,
Colorado("BOCC"), a home rule county, is authorized to make and publish ordinances
for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources,and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
4. The Open Space and Trails Program is charged with preserving open space lands and
protecting egress to the same.
5. Red Hill is a valley wide recreational asset that is utilized by Pitkin County residents,and this
acquisition will protect and enhance its recreational features.
6 The preservation of Red Hill will also protect the rural character of the Roaring Fork
watershed as enjoyed by our residents and guests
7. The Pitkin County Open Space and Trails Board recommended that the BOCC approve the
proposed Ordinance.
8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ORDINANCE AUTHORIZING ACQUISITION
OF JOINT INTEREST IN THE RED HILL CONSERVATION EASEMENT and
authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of
the County Attorney as to form,execute any other associated documents necessary to complete
this matter. Further,that the Chair or the Chair's designee shall be authorized to.
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RECEPTIONS' 652025,R: 50.00, D: 50.00
Ordinance V 17 -2018 DOC CODE: ORDINANCE
Pg 1 of 33. 11/16/2018 at 01:18:27 PM
Janice K.Vos Caudill, Pitkin County, CO
1. Approve an expenditure of up to $150,000 for a partial interest in the 25 acre Red Hill
Conservation Easement and transaction costs up to $5,000.00.
2. Execute the acceptance of the deed of conveyance upon approval of the form by the
County Attorney.
3. Execute other documents as necessary to complete the transaction upon approval of the
form by the County Attorney.
4. That adjustments be made to the year 2018 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous This Revised Project
Budget Change Budget
Red Hill Conservation Easement Acquisition
Acquisition Cost $0 $150,000.00 $150,000.00
Estimated Transaction Costs $0 $ 5,000.00 $ 5,000.00
Total Expenditure $0 $155,000.00 $155,000.00
INTRODUCED AND FIRST READ ON THE 14th DAY OF MARCH, 2018 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 28th DAY OF MARCH 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
SOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /- DAY OF
,2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIALTKIN COUNTY WEBSITE (www.pitkincounty.com)ON THE
/h DAY OF \ 2018.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE fit' DAY
OF 4'(64,4,tf, 2018.
PUBLISHED BY TITLE AND SHORT S Y,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 5'r�- DAY OF v t ( ,2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincountv.com)ON THE 14 ' DAY OF n l i ,2018.
Signatures on next page
Ordinance (V -2018
ATTEST: BOARD OF COUNTY COMMISSIONERS
I2
By I t.' 1 By:
Jead:ite Jones Patti Clapper,Chair
Dep,i ty County Cler
Date: 03 -a 8 "Cc 8
APPROVED AS TO FORM: MANAGERIAPPROVAL
1L XL- "-F'
John Ely, County Attorney Jon Pea k, County Lager
Open Space and Trails
Gary Tannenbaum, Director
Ordinance O/C -2018
CONTRACT
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NOTICE TO TITLE COMPANY: Division of the property subject to this Easement is I
prohibited in accordance with Section 7 1. This Easement further requires $1,000.00 be paid
by the recipient to Aspen Valley Land Trust or its successor at the time of every transfer of
this Property, as described in Section 16 This payment is exempt from the transfer fee
restrictions contained within C R.S. 38-35-127
DEED OF CONSERVATION EASEMENT IN GROSS
RED HILL
Gat field Crampy
THIS DEED OF CONSERVATION EASEMENT IN GROSS ("Easement') is granted
this I4hdav of , 2018, by THE TOWN OF CARBONDALE ("Landowner") to
and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation
having offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust') and the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body
corporate and politic ("Pitkin County"), as co-grantees (the Trust and Pitkin County are
heicmaftei
colleetiN ely referred to as the "Co-Grantees" and individually as a "Co-Grantee")
(all the parties are referred to collectively as the "Parties"). The Trust is hereby designated as
"Lead Grantee,"defined in Section 21.1 hereafter.
The following exhibits are attached hereto and incorporated by reference herein.
Exhibit A: Property Legal Description,
Exhibit B Map of Property,
Exhibit C' Survey,
Exhibit D: Description of Activity Envelope,
Exhibit E Red Hill Road Realignment Conceptual Design.
RECITALS
WHERLAS, Landowner is the sole owner in tee simple of approximately 24 99 acres of
cal pioperty in Carbondale the County of Garfield, State of Colorado, more particularly
described in Exhibit A and shown in Exhibit B(the "Property")
WHEREAS, the Property possesses open space, natural, scenic, and recreational values
(collectively, "Conservation Values")of importance to Landowner, the Co-Grantees, the people
of Garfield County, and the people of the State of Colorado that are worthy of presen anon,
D
-S Return to Aspen Valley land Trust
e 320 Main Street,Suite 204
gj Carbondale,CO 81623
970-961-84-10
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WHEREAS, the Conserry inion Values of the Property are more particularly described in
the Baseline Documentation, described in Section 4 herein, and include the following
conservation purposes, the protection of which are recognized for qualified conservation
contributions under Section I70(h014)(A) of the Internal Res cone Code of 1986, as amended
CIRC"), and under Section 1170A-14(d) of the 1 reasury Regulations
• Open Space [Reg S 1.17UA-141d114)] The Pi operty qualifies as open space because it
will be presen ed for the scenic enjoyment and it ws ill yield a significant public benefit
te Scenic Enjoyment The Property adds to the scenic character of the local landscape in
which it Ices and pros ides a dem cc of Openness, contrast and variety to the overall
landscape 'Ihe entire Property is visually accessible to the general public from
Colorado State Highway 82. Colorado State Highway 133, and County Road 107,
which are open to and actively used by residents of Garfield County and the State of
Colorado In particular, the Property includes the low ci slopes of the face of Red Hill,
visible from throughout the Town of Carbondale I he terms of the Easement do not
permit a degree of intrusion or future development that would interfere with the
essential scenic quality of the land
(roe erne rental Policies, Conservation of the Property is promoted by local, state, and
federal governmental policies, including the goals and policies of the Town of
('mbondalc and Garfield County The laws and regulations of the State of Colorado
and the l lured States support conservation of the Propel ty relate e to its seenic and
natural area w attics
• Significant Public Benefit The Property's unique location at the entrance to
Carbondale, and adjacent to a popular public recreation arca, mean that it is
Important to the local landscape and will ploy ide sigmficant recreational
resources to the general public that attract tourism and commerce to the mea
It is located adjacent to the town ol Carbondale in Garfield County, where
Ther c is intense development and dew elopment pressure in the kicinrty of the
Property The Property pros ides relief hom proposed conimetcial
ries
elopment at the entrance of Carbondale There is a strong likelihood that
development of the Property would contribute to degradation of the scenic and
natural character of the area, Preservation of the Property will continue to
provide an opportunity for the general public to appreciate its scenic w vines
and to gain access across the Property to the adjacent Bureau of Land
Management (BI.NI) Red Hill Recreation Area, defined below
• Recieation,[Reg g 1 170.A-141d1(2)) This Property is intended for use by the general
public and to provide public access to the existing BLNI Red Hill Special Recreation
Management Area I aka "Red Hill Recreation Area'), located adjacent to the north
boundary of the PI operty I his property has plans for public wads, which will link
adjacent publlch owned open space with the Property
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WHEREAS, Landowner intends to eons ey to the Co-Grantees the right to preserve and
protest the Conservation Values in perpetuity and the Co-Grantees agree by accepting this grant
to honor the intentions of Landowner stated herein and to preserve and protect in perpetuity the
Conservation Values,
WHEREAS, the Tiust le a charitable inganinnlon as described 1n IRC' §50I(c)(31, and is
a publicly-supported organization as described in IRC pI 70(h)(] )IA) whose primary pun pose Ns
to permanently preserxe and protect the natural, scenic, agnc uhural, historical, and open space
resources of the greater Roaring Fork and Color ado Rn er Valleys. and who is a "qualified
organization" to do so within the meaning of IRC *170(h)(3), possessing the resources and
commitment to protect and defend the conservation purposes of this grant,
WHEREAS, the Board of lhnectors of the lrust has duly authonzed the Trust s
EsLunn ne Uuectm m he, designee to execute and accept tins Easement on behalf of the Trust,
WI IEREAS, the Board of Counts Commissioners of Pitkin County, Culoi ado is a body
corporate and politic and is duly authorized to execute and accept the Easement
AGREEMENT
NOW, THEREFORE., in consideration of the matters nhoc e, the mutual cm enants,
terms, conditions and restrictions contained herein, and other good and valuable considermwn.
the Ieeelpi and sufficiency ofw hick arc hereby acknowledged, the Fames agree as follows
1. GRAN I
andownet hereby yuluntanly and me cucably grants and conveys to the Co-Grantees
this unrestricted gift of a perpetual Conserv anon Easement in gross 1"Easement") rix Cr and
across the Property pro suant to C R S §§3S-30 5-I et sec? , through the terms mutually agreed
to m this Easement, and to hold said Easement unto the Co-Grantees and then successors and
assigns forever pursuant to the terms sct forth herein Landow ner agrees that the donation of the
Easement gix es nse to a property right, immediately vested in the Co-Grantees, which shall
constitute a binding servitude upon the Property and shall he subject to prior reservation,,
easements, encumbrances and exceptions of record, except as others ise set forth herein
2. PLRPosES
Pursuant to the terms of C' R S §p3ft-3(1 5.101 et rex , the purposes of the Easement are
to assure that the Froperh will remain former predomnantly in its scenic, natural and open
space condition, suhjL et to the uses of the Property permuted hereunder, to protect and preset ye
the C'on,en anon Values in perpetuity, to prevent any use of the Pn opci ty that is inconsistent with
the presern atnon and protection of the Conserv anon \'aloes and, In the et ent of then degradation
or destruction, to iequue l estoration est such Conservation Values
The purpose of this Easement is to presen e and protect the Conservation Values of the
Property in perpetuity, listed hereafter in order of priority "fhe Conservation Values arc
prioritized in order to guide the perpetual protection. enforcement, and management of the
Comm anon Values ox Cr time pursuant to Sections 7 and 12 herein, and the apprux al,
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amendment, and termination requests relating to the preservation and protection of the
Conservation Values pursuant to Sections I I, 19, and 14, respectively
The primary purpose of this Deed is to protect the Property's open space and public
recreational \aloes; the secondary purpose of this Deed is to protect the Property's scenic and
natural value, which provides steruhcant public benefit (This paragraph collectively defines the
"Purposes' )
Should the Property's use for the primary Purpose become uuposstble to achieve, the
Property shall continue to he protected fon the secondary Purposes, and remain available for the
primary Purpose Should the Property's use for all of the listed Purposes become impossible. the
Parties shall proceed in accordance radii Sections 14 and 15 below, and consistent with
applicable lams, to continue to honor the original Purposes set out for protection by this
Easement
3. 1.\IENf
Sub)cLt to the expt ess reser anions and prohibitions described in Section 7 below. the
Panes' intent is to penult all uses of the Property that are consistent 'illi the Purposes of the
Easement (defined above) as determined by the Co-Grantees in then sole discretion Nothing
this Easement rs intended to compel a specific use of the Property other than the preservation and
protection of the Canscry anon Values,
4. BASELINEDOCUNIE\TATION
I he Parties acknms ledge that a Baseline Documentation of the Conservation Valves and
relevant Ieatures of the Property has been prepared on April 30, 2018 by Colorado Wildlife
Science, a company familiar with conservation easements, the Property, and the em irons, and is
on tile w ith the Parties and mcotporated herein by ieference (the "Baseline Documentation")
I he Parties and Landowner acknowledge and agree that by the etecunon of this Easement they
appror c, acknuw ledge, and ac apt the Baseline Documentation as an accurate n epresentation of
the t ondttmn of the Property at the time of this grant The Parties agree that the Baseline
Documentation is not intended to preclude the use of other evidence to establish the pi esent
condition of the Properly should a controversy arse over its use
5. RICIN s OF"I HE CO-GRAN I EES
To tulfill the Put poses of this Fat.ement, Landowner hereby wavy)' to the Co-Grantees a
property Tight and interest in the form of this Easement, w hich immediately vests with the Co-
(irantees las agreed in Section I and stipulated in Section 14 3 herein), and includes the
following attimiatn e rights
5.1. All development rights deriving trom the Property in any way f Co-C rantees'
Development Rights"i, except those expressly reserved by Landowner in Section 7 of this
Easement The Parties agree that Co-Grantees' Development Rights shall he held by the Co-
Grantees in perpetuity in order to fulfill the Purposes of this Easement, and to ensure that such
rights are for es er released and terminated as to Lando tier, such Day elopment Rights shall not
be utilized by the ('o-Grantees on or off of the Property,
4
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5.2. The right to preserve and protect the Conservation Values in perpetuity,
5.3. The right to enter upon the Property at least annually at times agreed to mutually
by Landownei and the Co-Grantees to inspect the Property thoroughly, to monitor Landowner's
compliance with, and otherwise enforce the terms of this Easement, no agreement shall be
iequil ed in the ea eat the Co-Granters reasonably believe that immediate entry upon the Propel tv
essential to prcu cut or mitigate a u rolatiou of the Easement,
5.4. The right, as an ilii est owner in the Property, to prevent or enjoin Landowner of
third parties (whether or not invitees of 1 andowner) f urn engaging in any actin ity or use of the
Property that is inconsistent with the Purposes of die Easement, and the right to require
I andow ner or third parties, as ma} he responsible, to restore such areas or fertures of the
Property that are damaged by any ria orsIstent actndy of use, subject to the quahiieat was of
Section 13 5 het cul.
5.5. To plats and maintain on Ilii Property a sign or signs indicating that a
rouser)at ion easement is held by the ('n-Grantees on the Property, and Iecognt/mg donors to
this project and conservation partners. The size and number of the slants), and the location,
design and content of such signs shall be mutually agreed to by the Trust and Landowner in
accordance with applicable signage regulations and the temis of this Deed The Trust shall be
iespousnhlc tnu the maintenance of an) such signs, except those installed and maintained by the
Landow net to guide public aceess rules ,aid regulations
5.6. The right, as an interest owner in the I'i operty, to receive notification hom and
_loin Landownei as a party to any condemnation or eminent domain proceedings affecting the
Property (as descubed in Section 14), or to any leases, surface use agreements, damage
agreements or rights-of-v;d}' that may he proposed, granted or required hereafter as a result of
mineral dct elopment las described In Section 711'1 or other activities with the potential to
n apact the surface of the Property or its Conserv anon Values: and
5.7. Any other rights that the Patties ni:I appru\r consistent with the Purposes of the
hase hent, including adding additional puiposes or defining additional Conservation V,ducs.
6. RIGnrs CD L\\DU\ 1ER
I andow ner reser)es to itself and to its psi sinal rept csentatives. hen s, successors, and
assigns, all nghts and obligations act ruing from its ownership of the Property, including the right
to engage in actio dies and uses of the Property not prohibited here in and that are consistent with
the Put poses of the Easement pursuant to IRC It I70th)Itit and CRS * S-31) 5.102
7. Nairn ni I El)Al)\ PI,RAD 1-11DLISES/RESER'ED AND RESTRICTED RIGHTS
The following uses and practices by Landow nci though not air exhaustive iccit.d, are
either permitted on prohibited by this Easement Certain uses where malts ated. require notice to
C o-Grantees or approt al front the Co-(iramees according to Sections 10 and II An) uthei
activities that ate inconsistent with the Purpose of this Easement, as defined by Section 2, or with
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prsen'at:on end protection of the Conservation Values, as described m more detail in the
Recitals, are pmhibncd Landowner shall request the Co-Grantees' prior approval for uses not
dept e:sly described herein when there is a question as to their consistency with the Purposes of
this Easement
7,1. Division of Property I endow ncr may mg do ide or suhdtt idc fine:udang kw,to
subdlu,sion) the Property into more than one parcel of land At all times the Property shall he
ov.ned a< a Slagle pm cel sabred to this Lascawni. u:iless other vse app:oved h}' the ( o-
Gmllces OSS nership of the ...triple parcel h) joint tenant.y or tenancy In common is permitted,
howew ci, a:tar::, to partt:an crndor m unnee the Properts aie prohibited
7.2. improvements The C005371chum, :nca:uni tole:::3m or Cwanslan of ams
entactin es or unprol ements (defined as permanent or t;mportry cn ucnu es or other physical.
hurnaa-tri�.. 'u.ed des elopmenl of.a on the Proper tri iS probibocd on the Property except as
billow. in this Section
A Residences and Buildings Resid.aces, residential structres, and mdusn tai ni
souuuercial buildings or snuctuic> are piohihiied oil ilte Property,
13 Impenious Surfaces Impervious surfaces ale materials the, do not allow tS atcr to
percolate into the coil on the Proper This mciudes,but n not ,cried to penmanenr,
non-seasonal rooftops. and concrete and asphalt ,urfaces ,open roes surfaces rue
prop:":a::d c.c:;ide of the Act is it} !9:vespc described below, anles,. (ithero,i<<
approt ed by the Co-Grantees for the purpose of furthering public safer). mining/Mg
:to-:c:.ii :r.kfa/l Lizard. Jr othe: sna:t.t: pa.pose>.
C :\et cal hnSehpv 1 andev.ncr zetam. 429-acre disturbance envelope. as
legally described and sh<nwn on b thihit C hetehr (the ' ACthiI) Envelope-I. for the
purpos. of senneu:g and enahhng public use and enio>inent of the Pt opera_ 4Cnhin
the Actin ty Envelope, Landon ncr ma) engage in ail non industrial and non-
commercial uses then permitted by applicable laws (as defined to Section 21.I and
w icned to heicaller as "Applicable Laws') and consistent with the Purpose: of this
Easement, including but nig limited to constnritou of nails and a trailhead, parking
lot. iand.caping, and grading The litho v pg stmnares and unhurt,emcnts aria
specifically permitted or prohibited eirhint,c slit ivity Envelope the Landowner
a,same, rill iecponsibilit for ..onstnstivn, 0n12011g n i r ten in e, and 11.-.h;la , to the
exlcnt allowed by Y 'ohuado law and consntcut with the immunities, deler.se. en
Litutae,•s e:; i.,h:ln, as p:o,ided c: Sri.lion I'3.3. hero+., associated with sac::
unprol eanents, and apt ct to make be.i elfin ts to ensure the t'ioperty and
mipan monis lv.ai ed the:con arc mJ::nes:red in a safe.clean and usable manner
T)ad-R.lakzl Slim tures mid inippo ,nrrsm Tull-related structures Icuch as
trails, tradheads, fencing. trash receptacle., restrooms ur pott-a-pots, a pane site,
rrterprctne and directional signs, and'or a gazebo w picnic shelter) are permitted
within the Act'sity Envelope in order to facilitate passive recreational use of the
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Property and provide public access to the Red Hill Recreation Area. The current
plans undens ay to design and build trails hoth within and beyond the Activity
Envelope to connect the property to the existing Red Hill trail system, as more
particularly described in Section 7 2 F, below, are approt ed as of the grant of this
Easement The location and design of additional public trails located outside the
:\cin ity lint elope shall require appros al by the Co-Grantees prior to construction,
in accordance tt Ith Section 7 2 F.bLlow
h Pin king Lot and )Tuft rpau Larding A dirt or grat el parking lot may be
constructed on the lower bench (highwa) level) of the Actis ity Ern elope for the
purpose of providing Railhead parking to the general public, and a connection
may also he constructed tt thin the ALtlt'It) Envelope to link such parking lot to
the new Railhead descubed In Section 7.2 F, below, and the design and
construction of such parking lot and 'railhead c onnec Wm shall not require ant
future approval from the Co-Grantees Such parking lot shall not be paced or
expanded to the upper bench of the Activity Em elope without approval of the('o-
Grantees. In addition, the Co-Grantees recognize that in the future, a highway
underpass of m egxus may he desirable in this location. in which case the
'1 cos ity Lm elope may be used as a landing site for such over- or underpass, upon
notice to the Co-Grantees, provided public access to any existing trails on the
Property is not blocked or impaired as a result
Road Rea/rpm/en/ I an doss ncl res en es the right to use a pot of the Acts ity
Ent elope to realign a portion of County Road IU7, which hes adjacent to the
Property, or to authorize Garfield Count) to use a part of the Activity Envelope to
conduct the realignment, in order to iinpros e safety concerns on the road, upon
notice to the Co-Grantees The plans tui realignment of a portion of County Road
107, as they currently exist in draft conceptual form as shown on Exhibit E, are
appros cd as of the grant of this Easement, including road construction, storage,
and remol al of road material such that Landowner may use the Activity
Fm elope for temporau v storage of road material The Co-Grantees agree that then
appi'rval of these draft plans shall automatically, without further consideration,
virga nr apprut al, extend to an) final plain. including all alterations or
modifications to the draft plans, that tesult from the Landowner, Gat field Count}
and the Colorado Department of Transportation's completion of their
comprehensive design and engineering processes Ln the event further or
additional road realignment is desired in the future, Landotwer may use the
Activity Ent dope Ini tcmpui[Hy stnmge of road material, upon approval of the
Co-Grantees of a plan r egardmg such road construction, sto age and ienros al of
road material
d .11uc ellunc0!t ('tilmrt, Sb ucture3am/Impruvemous. Lando'c ncr may IOL ate
additional minor structures, facilities, and utilities W.ohm the Activity Envelope in
a manner consistent pith the terms and Purposes of this Easement In order to
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enhance public safety and facilitate recreational use of the Property, including but
not limited to lighting, electric Imes or solar panels, and water wells and lines
I) Fencing Nev. or replaced fencing rs permitted on the Property In a manner that is
compatible with the movement of the wildlife across the Property, except as
necessary to present wildlife from enten ng the highway Right-of-Way or other
dangeious areas Any disturbance to the Property that results from such fence
maintenance or construction shall be reseeded within three months. season permuting.
or as othemise approved by the ( o-Urantees so as to prevent the spread of needs
Fencing along Property boundaries that detrimentally affects the general public's
isual access to and across the Piopertyis prohibited, except a'thin the Acta Hy
Envelope
It Roads and Ac ess Easements Ihcie arc no existing roads on the Property A
parking lot and a portion of County Road 107 may be located across a portion ul the
Activity tail elope iii u.cotdance twill Section 7 2 (', abose. and an appropriate Right-
of-R ay or access easement may he granted across the Property as necessary and in
conneenon with the such parking tot arid public road. boo ea Cr. m1 other roads or
roadways are permitted on the Property
F Trails The dcy clopment and use of non-mntori7ed foot and bike paths are
permitted on the Property in order to access the Red Hill Recreation Area in a manner
and location that n innings erosion and disturbance to the Property's natural :rad
scenic values. The current plans underway to design and build trails yy ithtn and
beyond the Achy rty Try elope to connect the property to the existing Red Hill trail
system are appros ed as of the grant of tins Easement the Co-Grantees agree that
such appun al includes the construction of up to two multi-use ti ails that can
uccommodate pedestrians. bikes and horses and one pedestrian trail alignment, all of
which will connect to the existing Red Hill trail system, and any trail-related
structures, and shall automatically. u'thorn further approy al. extend to any final plans
that result from the design process and public outreach efforts In the event further or
additional trails are desired in the future, Landowner must request appros al of the Co-
Grantees of a plan regaiding such trails 'I he desiLm and location of future hails must
be approved by the Co-Grantees prior to construction Impel nous surfaces, culverh,
and gr ailing may be used in trail design and construe non only to the degree necessary
to protect agorast emamn rockfall hazards, and ether public safety and em ironmental
concerns
(i Recreational Structures and Improvements Outside of the Acta dy Em elope.
lou-impact (defined in Section 21 I herein) recreational structures. such as a
Railhead, picnic tables, picnic shelters. benches, kiosks and trail signs. are permitted
in a location and manlier not damaging to the Conserv ation Values (or as approy ed by
the Co-Grantees Permanent, roofed, or high-Impact (defined m Section 21 I
structures or improvements are prohibited except as permitted within the Acta cry
Fnvelope
S
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ReceitsonI 907838
061 212018 09 15 26 RM Jean Piberico
9 of 30 Rec Fee $158 00 Doc Fee 0 00 GPRFIELD words ,^,0
II Utilities and Renewable Energy Technology Utility hoes as permitted by
agreements preceding this Fasement are permitted Low-impact, renewable energy-
generating stmetures (tet ins defined in Section 211 herein) are permitted as
uecessai v to facilitate the Purposes of this Easement. such a, rout-mounted solar
panels. or solar- or wind-powered pumps Commei cial production of energy or the
connection of renewable energy-gerieratme structures to the power grid iegnres the
('o-Grantee's poor approval
Landow tier shall promptly reseed and restore an\ Sul face impacts that result from the installation
or maintenance of any above-described improvements to as close to the Property's original
condi'on as possible within three months, season permitting. or as otherwise approved by the
C u-Grantee.,
7.3. Natural Resource Management Land Use Landowner recognizes the
importance of good resource management and stewardship to presen e and protect the
Conservation \ aloes Accordingly, I ;endow nor agrees not to alter the topography of the Property
outside of the Nap ity Lan elope through placement or r trio\al of soil, gra\el, land fill, or other
material,. nor to impair or disturb the relatively natural habitat fur native plants wildlife, tit
'Nosy shims ua the Property except (a) as necessary in emergencies including wildfire. flood
and landslide, (ht as appro\cd by the Co-Grantees and any required permitting agenc t es for
habitat enhancement or iestnration purposes, or pursuant to an management plan, (c) as
necessn v tot unpros anent. descubed to Schon 72 ahoy e, and (di as necessary for uses
described in this Section 2 3, below No sin Lace alterations may he made that damage the
C unseat a'on Values.
A Weed Control landowner agrees to comb)] noxious weeds and invasive plant
spores on the Property in accordance with the Colorado Noxious Weed Act (January
, Moro, as amended, and other Applicable Laws. and shall not intentionally
introduce noxious weeds m my aell e spears to the Pitip,rty
B Ott-Road [Ise of Vehicles Off-road use of motor y ehicles n pet mttted only as
necessmy for property maintenance and the construction, location, relocation.
expansion or maintenance of any structures or nuproy ements approy ed in Section 7 2,
above, in a manner that does not result in rutting, mesion. or damage to the natural
cc osystenn or scenic values of the Property, and ac necessary in emergencies
RLLreational and public use of off-road y chi Iles is prohibited on the Property.
C Trash. Dumping.Storage and Staging Landow ncr shalt not dump or permanently
accumulate trash. gatb,n e, snow piles Porn street cleaning, or other refuse on the
Property 'I he Property may not he used fur constructions staging or materials storage,
except on a temporary basis as necessary to construction, location, relocation,
expansion or maintenance of the impro\ements permitted heem_
9
•III! :0110filYiv'ild,N4ih4VIAWL YJI 1E01
Recept sena 901038
06/12/2018 09 15 26 RM Than 9thenco
0 of 30 Rec Fee $158 00 Doc Fee 0 00 GARFIELD COUNTY CO
D \inmg and M1linerals. lo the best of the Parties' knowledge and belief, there is
no current or past history of mineral development or mining on the Property. and
Landowner owns all the minerals associated with the Property. (wining, quart yore,
drilling. boring, or exploring for or removing oik gas, minerals, rocks. stones, gran el
or earth (collectively hereafter ` minerals", on or below the Property is prohibited
Landowner shall not sell, lease. Transfer or separate from the Property any mineral
rights as ut the date of this Easement grant. but should a third party mineral rights
holder require surface oi sub-surface access to minerals on or below the Property,
Landowner agrees to notice the Co-Grantees and include Co-Grantees as a party to
any negotiations regarding nuncral leases. surface use agreements. damage
agreements or other related mu nerd agreements (collectively hereafter "Mineral
Agreements") that may affect the surface of the Property or its Consen anon Values
(including ground and surface nw ater resources) for the purpose of protecting and
pi esersung to the extent possible, and if nee essary, restoring and remediating, the
Censer,anon Values. the Co-Grantees shall claim no rights to proceeds of royalties
torn any permitted mineral dgvelopnent and ISandoww ner shall retain sole execution
authority for all permitted Mineral Agreements. provided the Co-Grantees have been
proper)), notified and provided the 11ppurtunny to participate in negotiations for such
Mineral Agreements
h huture Non-Surface Mineral Development In accordance with Section 5 6
Landowner shall notice and obtain the consent of the Co-Grantees prior to engaging
m or entering into aur, non-surface occupancy mineral den clopment, uiuts, pools.
leases. or agreements affecting the Property or underlying minerals, whah
documents, leases, and agreements (the `Mlineial Agreement' or '1\!mend
Agreenenri) shall be subordinate to this Easement. shall reference this Easement.
AM] summarize the restrictions of this paragraph
1' \Vater (Lights Ihere are no wine! rights included in or encumbered by this
Easement
G Commercial and Industrial Actrw mes Landow nen shall not (aonduct commer c cal
or indiistn al activity on the Prnpertn, except in a manner Consistent ash the terns
and Purposes of this Easement
li Rec_reation Passe e non-motorized re.reat tonal uses such as hiking. horseback
tiding. ualontain hiking. paneling, and wildlife viewing are permuted on the
Prnpertt in manner Lonsi stent w Ith the terms and Purposes of this Easement Hunting
and public or commercial shooting range, are prohibited on the Property In order to
preserve public safer) and quietude
Nothing permitted by this Easement of approved by the ( o-Grantees in accordance with this
Easement constitutes approval by any government or regulatory agency for construction,
dew elopment or land use, nor does an permit or appmot al granted by a government or regulatory
agency os erode the temis of this East rent Landowner retains responsibility for obtaining and
10
11111KRIM,�U,11r.0.•1141171 01071610141114111u1
Recept sent': 907838
06/12/2018 09 15 26 PM Jean eenco
Fe
11 o! 30 Rec Fee $158 00 Doc Fee 0 00 GARFIELD COUNTY CO
complying with all necessary permits and Applicable Laws before engaging in uses or activities
permitted under this Easement.
8. Punic ACCESS
Landowner intends to and shall provide substantial and regular access to the public on
this Property via public trails and other amenities that may be constructed in the future, which
amenities are not required Upon the opening of such trails or amenities to the public, Landowner
agrees to make best efforts to maintain the Property and its amenities in a safe and usable
condition for the general public. If circumstances or conditions arise that prohibit the Landowner
from pro\iding public access, or warrant temporary or permanent closure of public access due to
landslides, floods, tires, or other unsafe conditions. Landowner may enact closures or other
measures necessary to protect its Property and public safety until such circumstances or
conditions may be cured. 1empoiary closures and limitations on public access may also he
enacted by the Landowner as necessary for construction or maintenance of the Property and its
amenities, or to protect the Property, its amenities and sensitive ecosystems on a temporary or
seasonal basis In the event public trail access is closed or limited for any duration, Landowner
shall notify the Co-Grantees, and ensure that public access is provided under all reasonable and
prudent circumstances. Landowner shall ensure that any public access is consistent with
Colorado's recreational use statute C.R.S. § 33-41-101 et seq.
9. REPRESEN9 ATIONS AM)WARRANTIES
Landowner represents and warrants that, to the best of its actual knowledge, based upon
its review of the assessments and reports provided to Landowner by the Trust, including the
Mineral Assessment Report and Transaction Screen Process Report
9.1. Except for fuels customarily used or ti ansported in connection with agricultural
and construction activities, no substance defined. listed, or otherwise classified pursuant to any
federal, state, or local law or regulation as hazardous, toxic, polluting, or otherwise or
threatening to human health or the environment exists or has been used or released on the
Property,
9.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in compliance
with Applicable Laws,
9.3. Landowner and the Property arc in compliance with all federal, state, and local
laws and regulations applicable to the Property, and Landowner is not aware of any existing,
pending or threatened litigation affecting or relating to the Property:
9.4. Landowner has good and sufficient title to the Property, subject to the exceptions
listed in the Special Warranty Deed from the Trust to Lan owner dated bf nllt and recordedr/ nin
the Office of the Garfield County Clerk & Recorder on /0 IIIs
at Reception No.9O 1pr 12_. ,
and has lawful authority to grant and convey the Easement, and that Landowner shall warrant
and Corner defend the title to the Easement against all and every person or persons lawfully
11
�IllkM1'ION1t' iU,7i1 YNiNI NSRI'tiWMill
Recept Iomit 907838
111 3 2019 33 Ree ve9 e E15826 000Cean Doc Feeeraco
C 00 GARFIELD COUNTY Co
claiming by, through or under landowtet, the whole or any part thereof, except for nghts-of-
tsa}, easements restriction;, covenants and mineral reser'ations of record
10. NO I ICr OF INTENTION TOL\DERI ARP CERTAIN PERMITTED AC 110\S:
REQUESTS FOR APPROVAi,
the purpose of regwnug Landowner to notify the Co-Cr'anteec before iiudertakI
certain act,ities and uses of the Pt operty, as identified in Section 7 or elsewhere in this
Easement. is to afford the Co-Grantees an opportunit} to update its Or their records and, if
approval is iequ tred to ensure that the activities In question are consistent with the terms and
Purposes of this Easement Landowner shall notice the Co-Grantees and seek the approval of the
Cu-Grantees according to Section I I below, for proposed activities or uses not described herein
when there is a question as to consistency with the terms or Purposes of the Easement of
pioteetion of the Conservation Values Whenever notice and the approval are required,
Landowner shall notifx the Co-Grantees in writing not less than 60 days prior to the date
Landowner intends to undertake the activity in question, and describe the nature. scope, design,
location timetable, and au} other material aspect of the pi uposed actis it} in sufficient detail to
permit the Co-Grantees to make an informed Judgment as to the activity's consistency stint] the
terms and Purposes of this Easement R'henev et notice I. Iequi red without the Co-Grantees'
approv alLandowner shall notif} the Co-Grantees in wrung not less than 30 days m advance of
the proposed activity, unless this Easement pros ides nthens ise
11. CO-CR 1\TEES' APPROVAL
V.'hene'er this Easement requires that I undoes ncr obtain the Co-C;rantecs' approval for
an}' activity of use of the Property, or if Landowner desires approval for any activity or use not
clearly consistent with the terms or Purposes of the Easement, such approval shall be given in the
Cu-Grantee's sole discretion if they determine that such actor its will not damage the
Conservation Values, which but den of pi sof lies tt ith the Landowner Approval may he withheld
in the sole discretion of the Co-Grantees if either determine that the proposed activity would
damage the Consort anon Values or be otherwise Inconsistent with the terms and Purposes of this
Easement I he Co-Grantees shall est forth their determination as required, and the reason(s1 for
the determination, m writing to landowner within 30 days of rel cipt of Landowner's written
notice and request for approval (as described in Section ID, abut el In the event that either of the
Co-Grantees should withhold appr uv al, that Parts .hall also specify to I :inknc net an'
modifications to the Iequest that might render the request consistent with the terms and Purposes
of the Fasement
12. CO-GRANT FES'1tF\ir IIIE\: ENFORCE VENT
the Cu-Grantees shall hate the right to prevent and correct, or require correct ion of,
mlatums of this Easement The Co-Grantees are not responsible for nnnutormg for or enforcing
violations of any Applicable Laws. permits, of thud part} contra.is affecting the Property now or
in the future, except to the degree that ally s iolationc of Applicable I aws also violate this
Easement, damage the Censersation Values. or are other ise inconsistent with the Purpose. or
tors of this Easement
liiIhV:1BIV4KS61411 ! L'1P'EliIION IIi4Y0, IIIA
Recept1009 907838
06112,2018 09 15 26 PM Jean Plbe-mo
t3 at 10 Rec Fee $158 00 Doc Fee 0 00 GRRFIELD county CO
If either or both Co-Grantees find what they believe is a violation, or a threat of a
violation of this basement, either one or both of the Co-Grantees shall determine if notice or
enforcement is appropriate and] shall notify Landowner of the nature of the alleged violation
Upon receipt of this notice, Landowner shall immediately discontinue any acts itv, or assist to
discontinue any thud party's aan ity, that could mciease of expand the alleged violation and
shall either hal restore the Property tt ithin 60 days as is best possible to is uonduton prior to the.
s ndatIon. DI if inuncdtate iestoranoll is not possible. Landowner shall submit a restoration plan
to the Co-Grantees within 611 days, or Ihl provide a "ritten explanation to the Co-Grantees of
the reason why the alleged violation should he permitted If the Co-Grantees arc not satisfied
with Lando"ner's "kitten explanation or restoration actions, the Co-Grantees and Lando"ner
agree to meet Si soon as possible to resolve their differences If a resolution cannot he achieved
at the meeting, the Parties agree to attempt to iesols c the dispute pursuant to Section 12 I, holo"
At any time, mel udurg it Landowner does nut immediate!) discontinue any activity that
could uteieme or expand the alleged violation, or it the Co-Grantees believe an ongoing,
imminent, or threatened activity violates the Easement, the Co-Grantees may take inuuediate
legal action to stop the activity"ithout prior notice to Lando"nor, without waiting for the period
pros ided for cure to expire, and without waiting tut the 60-day mediation period to expire The
( o-Grantees may bring an action at law or in equity, et parte as necessary, in a court of
turisdietion to enforce the term, of this basement and to Glynn a violation by ternpoian ur
permanent injunction, which may require restoration of the Property to the condo ion that casted
prior to the violation- The Co-Grantees remedies described here shall he in addition to all
tem .:dies non or hereafter existing at law or in Gritty, and shall include, without lmntation, the
richt to recover damages fort solation of the terms of this Easement or mlury to the Censer anon
Values. Including damages for the loss of scenic aesthetic, or Cm ironmental values, and the
right to other remedies designed to deter bad acts, including restitution of tax benefits or
payments lot the Easement, disgorgement of piofts and liquidated and pumtne damages Ile
Co-Grantees may apply any damage, r cern ered to the cost of undertaking restoranse, remedial
of conecnve action on the Properly "ithout limiting Landowner's hahtht) for such damages or
conecus e action
Enforcement of the terns of this Easement shall be at the sole discretion of the Cu-
Grantee, and any forbearance by either or both of the Co-Grantees to esti mise their tights under
this Lncment shall nut be construed to be a "asset h> eithei or both of the Co-Grantees of their
tight:, or of any tennis) of the Easement, mdudmg any subsequent breach of the same or other
to nrfvl of this Easement No dela), or omission by either or both of the Co-Grantees in the
e seicise of any right or remedy shall impair such right or remedy or he construed as a wait er
The Luluie or Luber kir both of the Co-Grantees to disc of era violation or to take immediate legal
action shall not bar either or both of the Cu-Grantees from doing so at any time after the date
upon"birch the s rotation is discos ered
All reasonable costs incurred by both the Co-Grantees in enforcing the terms of this
Easement by legal or other means including but not limited to expert fees, staff time, legal fees,
and costs of pursuing legal or other action, and costs of restoration necessitated by Landowner's
t iota""" of the terms of this Easement, shall he borne by I andowner, unless Landowner
13
Ohl MCAI V,Ili Mini IVIRTVION/1111M li WA 11111
Receptronnc 907838
IA OF 30 RAG Fee $158.00 Jac Fee 0 00 GARFIELD G011l.iv ;0
ult:rr atd> prat ails in a Judicial enforcement action or 4 court finds as a matter tit law that one or
birth of the ('o-Grantees acted m bad faith in seeking to enforce the teens of this Easement, in
which ease; each Fart\ shall bear its own cost,. If the Fames agree to mediation,the Parties will
equally share the cost of the mediator's fees
12.1. tlediation If a dispute ansen between the Parties concerning the consistency of
any pi.posed activity with the terms of this Easement, said I andowner agrees not to proceed
with the acts ty rending rosdattion of the dr,;pute. at:v Part} m,ry rear the dispute to mediation
by written request to the othci Within 10 days of the receipt of such request. the Patties shall
sole:t :• tra:red and impartial mediator. preferably R.th e\pen:nee -n regi property law and land
eunscn'nhnn. If the Parties ay unable to agree on a mediator, to no such experienced mediator is
at unable, tires he Parties shall each selee: a qualified used:ati r and those it-to mediators shall
select a mediator who 'shall alone mediate the dispute Nlednuun shall then pweeed in
accordance atilt the following guidelines
A Purpose. the purpose of the nredta0on is to (al pmor tote di ensnum between the
Patties, (b) help the Parties des clop and e\change mfonnnimi concerning the issues
in dispute. and Icl help the Parties dew chip moposals that as ill enable them to an the at
a mutually acceptable rc.n::.tion. The mediation Is not intended to result in or be
snap$eted as resulting in any modification or amendment of the terms. conditions, or
restrictions of this Easement;
}i Pat:c,pation Tlr, mediator may nit et nitl:the Partes and ilei tr counsel jointly n:
esu parte The Parties agree that they Rill part is)pate In the mediation process in good
faith and expzduion-dy. except in eases where the Co-firantecs !\ahece ;hal there I,
wiping damage to (:ansen anon Values. in which case the Co.t irantees can suspend
their un ort enrent in the mediation to iemcda this threat of ongoing \tolanon.
Represeri tat i\es of the Patties Nidi Sail en tem authority Rill attend ii ied l at lots session,
as lequu ed by the mediator.
C. Contidenhalp} All in tonnation presented to the mediator shall be confidential
and may be disclosed h} the mediator nuiy with the consent of the Parties or their
i-espeeti counsel The mediator shall not he suhi et I to suhpocn,t by tinv Patty in any
rabsequel l 110gatiel
D Ting Pcirod=ad Fees No Party shall he obligated a:tura:;ue the mediation
process beyond a petted of 60 days from the date of the initial meeting with the
:nes-hater, nor if the ;nail:aim c nl.lock, hat :here Is no reasonable likelihood than
continuing mediation well result m a nmturlly agreeable resolution 1 he Patties shalt
emelt bear Ilk 01 the mediator's tees
13. Cos75,1.1'im(.ITIES,T\1$.S,AN I)E'VIRONMENTAI.CO\IMANCE
13.1. (costs, Legal Requirements and Liabilities, landowner retains an
responsibilities and obligations and shall heat all costs and liabilities related to the ownership.
operation, and maintenance of the Property, including the payment of any property and other
14
■III Nler�11P.ShF61'rIVAillklIill4MPAT W4 ■IIII
Receptson8: 907838
061122018 09 15 26 RM Jean Rtbermo
15 of 30 Rec Fee $158 00 Doc Fee 0 00 GARFIELD COUNTY CO
taws related to the Property (provided Landowner is tax-exempt), and maintenance of liability
insurance coverage Landowner shall make best efforts to keep the Property free of any liens
arising out of any work performed for, materials furnished to. or obligations Incurred by
Landowner Nothing in [hu Easement shall be interpreted as prohibiting Landowner from
obtaining loans secured by deeds encumbering the Property, provided any such deeds are
subordinate to this Easement.
13.2. Control. Nothing In this basement shall he construed as gis Ing use. in the
abs ILe of a Judicial decree, to any right or ability of the Co-G rants es to exercise physical or
managerial control user the day-to-day operations of the Prupet ty, or over any of Landowner's
activities on the Property, or otherwise to become an operator with respect to the Property within
the meaning of The Comprehensise Environmental Response, Compensation, and Liability Act
of 1950, as amended I"C ERCLA 'I, and any Colorado state law counterpart;
13.3. Hold Harmless To the extent allowed by Colorado (ass. I andowner shall hold
l ianiless, indemnify and defend the Co-Grantees and their members, directors, of fitters,
employees. agents, and contractors and the hens, personal representatives, successors and
assigns of each of them (collectively, the 'Co-Grantees' Parties") from and against all liabilities.
mcludulg, without limitation, court awarded third-party attome)s' fees, arising from or in any
n ay connected with (al the irnun to or the death of any person or damage to pi open iy.
occurring on or about or related to the Property occurring atter Landowner takes title to the
Property. unless and to the extent such injury, death, or damage was caused by the willful and
wanton act (as defined by C R S S13--2_1-102(1 kb), or omission of any of the Co-Grantees'
Parties, (hl the violation or alleged violation ol, or other failure to comply with, any state,
tedci al, or local law, regulation, or requirement, including, without limitation CERCL A.
t can ing after Landowner takes title to the Property, by any person other than any of the Co-
Grantees' Panics, in any way affecting invoh,mg, or relating to the Property. (c 1 the prescucc or
release of hazai dous tit toxic substances in. on, from, or under the Properly occurring at any time
after Landowner takes title to the Property, of any substance now or hei carter defined. listed tit
otherwise classified pursuant to any federal, stale, or local law, regulation, uI requirement as
ha/anions, toxic, polluting, to otherwise contaminating to the air, water, or soil or in any way
harmful or threatening to human health or the ens comment. unless and to the extent caused by
any of the Co-Grantees' Parties, and (d) the obligations, cos enanis representations, and
warranties desci bed herein How es et, nulliIng herein shall be interpreted as a warier of
goer ernmental imm�unty. to 'lush Laudownet would otherwise he entitled under $ 24-I0-101, et
aeq , C R,S , as amended. or any other rights, protections, Immunities. defenses or lini tations on
h,Ihddy plus riled by law and, all of Landowner's obligations pursuant to this Easement shall he
in as unlace with the Colorado Constitution and other local government budgeting laws
applicable w Ithn the State of Colorado, sus li that nothing in this Easement should be etmstrued
a, a multi-year financial obligation of the Town tit Cm bond ale
13.4. Waiver of Certain Defenses Landowner hereby waives the defenses of laches,
estoppel and prescription Landow ncr varves any defenses or rights available to Landowner
pursuant to C R.S q38-41-119 and agrees that the one-year statute of limitation provided by
C R S §38-41-111 does not apply to this Easement,
IS
EIIItl1SrII\!t c : Krik !teLlCIhkl'b M4I4irIII
9ecept tonitt: 907B38
06112/2018 09 15 26 rim Jean niberma iF.iO GOUni1 CO
15 0 30 Rec Fee $158 00 Doc Fem. 0 00 Gnu°
135. Acts Be}ond Landotsner's Control Nothing contained in this Easement shall
he construed to entitle the Co-Grantees to bring any action against Landaunet for any injury to
ni change in the Property resulting from causes beyond Landowners conn of or from any prudent
action taken by Landowner under emergency conditions to prevent. abate. or mitigate significant
num to ti' Property Landowner is not responsible for acts of third panes not authorized to
access the Property. but shall he responsible for all thud parties including guests or in aces,
authonred bs Landow rut to access the Property To the extent al',o,ved by Colorado law and
consistent with OW immunities, defenses or limitations en liability as provided in Section 13 3,
ah we. du^ng ant period of ou nersh:p when Landowner is a government entite, Landowner is
and shall he responsible for all parties authorized by Landowner to access the Property. For any
ite^.•d r'ownership IN hen Lamt n:net is a nen-vas enanert candy. Landow ser rt not respors:He
tor lcts of third parties nut authorized to access the Property, but shall be responsible fin all third
partan, rncludur_ guests or in iter, authorized by Landowner to ace.. the Propery. Nothing
hrreut Shall he interpreted as a n an'er of t;o\eminental immunity to which 1 andow nor would
other-a ise be entitled under : 24-10 101. or cry , C R S , as amended. "I he Co-Grantees retain
the nein to enforce the terns of this Easement against third padres or Landowner or both for
iol.+tiuns of the Pas cmnetit or damage to the Property.
14. Ext INI.LISMIE]I AIN IJ CA]nEM ATIo\
14.1. Extinguishment. The Panes agree that any. changes in the economic s iabditq of
the use, permitted or prohibited by this Easement. or changes to te'ghboring land and in, use
:doll not be deemed cirom:4311cs er condt:icm.; just lying the [emir I anon or es tingui.hment of
the Easement. In addition, the utabtlity of Landowner, or Landau net's heirs, successors or
assigns, to :implement a:.> or all ut the uses permitted under this Easement shat: not impair the
validity of the Easement, of be considered grounds for termmatrou or extinguishment of this
Basement. 1 hither, the I'i i;ca: volae: be al'andor.:d. released, term;:hated. extinguished, or
afteeted b} adverse possession
II circumstances arise m the future that render the Purposes of this Easement impossible
to aceenmtnh, the Easement can only be terminated or extinguished. in whole or in part. bit
Iu heist pluscedings after a court of competent tunsdleilon tuts found thai the Purposes of this
h asemcot ate impossible to accomplish and hes explored all options for importing other
Purposes for the Easement Each Party shall promptly notify the others when rt fust learns of
such cin instances. l he amount of the proceeds to which the Co-Crt all tees shall be entitled lions
an sale, asudange, or rnvoluntan cons ersran of:d: or any porton of the Property subsequent so
such termination. shall he determined. mile it, otherwise provided by Colorado law at the tune, in
aceordanee with the Proceeds paragraph bed-u. and such :'rccecd< <had be. used by the Co-
Grantcea in a manner consistent with Ihc' cusses aurin Purposes of the original Easement
11'1 required In ;1 1111A-h4i eH tr Int at Teas'ary Regulations,
142. Condemnation II alt or any part of the Prop_rt, is taken by condemnation. or by
purchase in Iwo oft ondemnation by any public, corporate, or other authcntty so as to terminate
the Easement m whole or in part, Landowner and the C o Grantees shall act Jointly to rccos cr the
full value of the interests in the Properly subject to he taking or in-lieu purchase, and all
16
liiiWituiAM1l ill UR1rMH11PF1:ti41,14, 1111I
Receptionp 907838
0611212018 09 15 06 RM Jean 9lberaco
17 or 30 Pee Fee $158 00 Doc Fee 0 60 GPFc IELO cocas( CO
damages resulting therefrom All expenses reasonably incurred by Landowner and the Co-
Grantees in connection with the taking or in-leu purchase shall be paid out of the amount
recover ed The Co-Grantees' share of the balance of the amount recovered shall he determined
by multiplying that balance by the percentage set Firth in Proceeds paragraph below,
14.3. Proceeds. Landrm net and the Co-Grantees stipulate that as of the date of this
Easement, they are each vested with a real pt opertv Interest in the Property The Pasties further
agree that the Cu-Grantees' 'ritziest m the basement has a ),alue that is equal to no less than 50ea
of the fair market a alue of the Property Phe actual percentage shall be determined by a qualified
c onset anon easement teal estate appraisal at the time of extinguishment. condemnation, or am
othct ey eat terminating part or all of the Easement on the property, should any such event occur
m the than c. hut is asked not to he less than 50"a Thus value shall he represented as a
percentage of the tatr market value of the Property that is at least equal to the proportionate value
that the Easement bears to the c alue of the Properly as a whole at the time of the Easement's
giant, which percentage shall remain constant in relation to any future fair market calve of the
Property. Such percentage shall he used only for determui uig the each of the Co-Grantees'
proportion of proceeds from any payment of damages or action iesuiting from circumstances
described in the Extinguishinew and Condemnation paragraphs abo\e, and including other
ca ents of partial or complete [emanation of the Easement Should the Easement he condemned ur
othenylse terminated according to the Extinguishment or Condemnation paragraphs ahoy e, C'o-
Cnantees. taut and Pitkin County shall he entitled to compensation for their proportionate
interests, which shall reflect the proportionate monetary contribution of each to the total Red Hill
project as tot lofts 89'b l rust and I I"a Pitkin C Dunn the Parties agree that the Glue of any
improvements to the Property made by Lando' ncr after the date of this Easement is reserved to
Landow ncr
15. AsslG\'iE]1 0$ F\St.NIL\1
Ethel Co-Grantee man, upon mutual agreement of the Parties, elect to transfer and assign
its rights and obligations under this basement solely to the other C o-Grantee Should the Parties
not eel ce, or if othennse necessary or appropriate, the Co-Grantees may Jointly elect to transfer
and assign this Easement to another qualified land conservation organization, provided that
organization is (L) willing and able to accept the transfer, t'_) a qualified organization at the time
of transfer under $170(h) of the Internal Revenue Code of 1986, as amended for am, runLessor
provision then applicable), and its applicable regulations. til authorized to acquire and hold
consenanon easements under Colorado law, and (4) charged w ith a mission similar to that of the
I rust ar Pitkin County Open Space and Trails The Parties hereby agree that joint asstgmment of
the Lasetuent. if necessary, shall be offered first to C'oloiado Open Lands (COL). If COL should
riot meet the abovc criteria at the time of assignment, the Co-Grantees shall consult with and
attempt to assign the 1 asewent to 1 :ndawner's prefeued assignee, but in the event the Parties are
unable to agree,the Co-Grantees shall ultimately have the right to select and assign the Easement
to an of ganization that meets the ahoy e enteua, and to notify Grantor of its selection prior to
assignment Furthermore, as a condition of any assignment under this paragraph, the Cc-
Grantees shall require the assignee to expressly agree, in writing, to carry out and uphold the
Purposes and terms of the hasenic nt and otheny tie assume all of the obligations and liabilities of
the Cu-Grantees set forth het em on created hereby After such transfer, the Co-61 anteet s) that
17
■iiiRW\IliCnPhI b? ihTFPOIMM►Eitir Malik ■uu
Recept son8 907838
06o12/201B 09 15 26 RR Jean RlOer mo
19 a1 30 Pec Fee $158 00 Cot Fee 0 00 GBRFIE.0 FOUN r CO
has assigned its nghts shall have no further obligation or liability under this Easement Should
the Co- Grantees he unable to assign the Easement according to this procedure, a court with
competent Jurisdiction shall assign the Easement
16. SURSEQUEN1 1Ra\\FER.S OF PRON.'R11
Laudtni nein agrees to l otlfy any party who may purLhase, lease. or otherwise hold interest
in this Property of the ter rix of this Easement. and to provide a LUpy of the Easement and the
Baseline Documentation to such party it requested The coin evante document shall expressly
refer to this Easement and acknowledge that all subsequent owners are subject to its terms The
Co-Grantees shall be available to meet with an} pi ospes tive recipient of the Property o1 explain
the terms of this Easement either before or after closing, and to answer any questions related to
ihi, basement or 1is suppnrtmg documentation
In addition, at any time Landowner transfers the Pi opertv to a thrid party, including all
subsequent tianstets. that part} shall pin $1,000.00 to the I runt to eau er adnnnlstlative costs
associated ii ith the trans fer. as well as to put the third part} recipient on notice of the existence
of this F-asenient This payment is exempt ham Et ansfei fee result noes of C R.S 43s-35-127
because it does nut affeLt residential teal proper
17. Voices
Anv communication that either Part} is required to give to the other under the terms of
this Easement shall be in writing and phy;indly deli weed or sent by first class mail, postage
prepaid. to the following addresses or to such other address as either Party may designate in the
luture by written notice to the other Other communications not required bs this Easement may
be in the form of email or other electronic eutnnnmtatiun
1 U 1 indow ner 1 he Town of Carbondale
dol own Manager
(iii bondale Town Hill
511 Colorado Aie
Carbondale CO 51623
f o .1CL C. Aspen Valley Land Trust
320 Main Street. Suite 204
Carbondale. COX I 623
Ph,lie y 70963-5440
7 o Pitkin County Prtkm County Board of C aunty Comm Issioners
e'u Pitkin Count} Open Space and 1 rails Director
530 E Main Street. 3rd Floor
Aspen, CO X1611
Phone Q7U-920-5203
s
/IIIKII>fi11{.E414 PIraillki lAliaLhaYt"a li 111 111
Recept tonb: 901838
05,12/2016 09 15 26 pm lean Plbeneo
or 30 Pao Fee 8158 00 Doc Fee 0 e0 GARP ILD COUNTY 1,0
E8. KEEORIMriUN
The (:o-Guaees shall record this Easement in the official records of Garfield County,
Colorado and may re-record tt at any tune as may be regmred to preserve its rights m this
Easement
19. AMMI:NDMENI
It en LU ms tances ,ase under winch an amendment to this Easement would he appropttate
to promote the purposes of the Easement, Landry iter and the Co-(irantees may jointly amend
this Easement How es et. the Co-Grantees ,tie under no obligation to amend this Easement, and
way, dcchae any ameadme:t in its:, sole discretion Any amendment shall be consistent with the
Purposes of the Lasenient, and may nut affect the Eavenient's perpetual duration Ain
a, c;:dnwn.shall he ii: v,ritm , waned by all tie Parties, and recorded in the records of the Clerk
and Recorder of Ga,field County, ( olomdo. Curr venom, to coned factual mistakes or
typ',graphical :a c ricai errors may be mtdc at :he discretion of the co_Granteec No
:intendment shall he allowed that ail cc ts the quail ficanon of this I asemrnt or the status of the
Co-Grantees under any Applicable Laws, including C.R.S **4S-3O S-101 et s'q or IRC
17011i or p 5011c 1(3), or any regulations pronutlgateo thereunder. Ni' amendment shall be
pet mated that will con let tmpcnnlsstble pits ate benefit to Landow net or to ally other indn ideal
in entity (see Trca: Reg. 1170A-l-0thfl3)(h), of that will result in prig ate inutetncnt to a Board
member, staff of tuutuu9 employed of the Co-Grantees (see Treas Reg 1 501(c1(trite I(2)
A'nendment; may he subject lo a fee set by Co Grantees according to Co-Grantees' policies to
goy cr their daft tulle. legal and other costs
20. SLBORDIN t I ION
The Pi opal tv'5 not suhlee*to an iiia t i es of taros.
21. GENE RAI, PROVISIONS
21.1. Definitions For the purpoves of this Easement, the following 3301-di and phrases
are defined as follows:
A Landowner and Cu-Cirtntec the terns "I and wwcr," 'True ""I'nkm County;'
and "( n-Gt anter, and any pronouns used in place of those terms rein to.
tc>peetiy elv the or initial Landowner and all other landow nets 'vho sin cc ed the
original landowner, tneludmg but not Incited to Landow ter and Landow.net irus,
personal representatives. ckecutois, admintchatrns. suc e sor and .uulvm,, and
restecti ety,('o-Gt antecs:n:d thug heirs,petsot:al representatn es,exeet,tor,s,
adnnm.trato,s, snecessnrs and assigns, and the sue cssm s and ussimio of the Aspen
\ dley (sand Trust and pili. r C'auttc. or Nib, rc pectvely:
13 Easc::lent the terns ' 1.'isement,' "consern at nen easemy nils "It-oil Of
('vnsery atwn hasewah,' and "Deed of C'onsers at ion Casement m gloss" refci to this
iegsl d„eune tt and to :he Iml ed:alch. 'c ted interest in real proper defined Ey
Colorado Revised Statutes 3E58-30 i 101 el sty„
19
VIII IJ! *Rl4I ' !n6kJU1:III III
Receptianti: 901838 e
0nN6 09 IS 26 991n P:6et ico
20 or 0t' Pec Foe $150 00 Doc Fee U CO CANFIELD County co
C' :\Ppl!eable,Lnsss. The term "Apphwbk Laws' refers to all relevant federal, state,
and hued statutes, ordinances. judicial decisins, executive orders, coda or
regulations having the force and effet.t of Iatt that haze hearing on or may control
certain uses allowed by the Fasentent,
D Lon-Impact The term '1 ow-impact" refers to activities in improvements whose
Incation, use and construction have negl igthle or no sin face uupacI on the Property
and do not damage the ton:.enatr.n.Values,
E Higgh-hr ji The term inn sipa,t' refers to any as:it itie> nr imps ot.r:taats
whose location, use, and construction mat Iinpatr the l'oilsen anon Values through
a,enie erne, from puShc I:glas-: -aas, harassment ofu;Idl f. car h'ut'unm, re-
contourmr of land. construction of roads or installation of utility lines. Increased
eros inn or Cumpaction of soils, or damage to ECI0O1 CIS netting habitat.
!' Renesvahle Lnet g5Cichcutunt,;Su uylurc, the tent "tenets able energy generating
sn ueitaea" refers to struei tiles used to Collect tCnc'.t able ening) resour'cs that me
replaced rapidhy he natural processes. sus h as biomass, hl cleat geothermal, solar or
wind.
Cr Lead Grantee To fulfill the Purposes of rite. Easement. Grantor appoint> the T lust
a, Lead Grantee Ilia this Easement At such, the Trust shall he responsible tier annual
ni,n:tom nig Laic to Inc itroptifts, trittilltettIttit2 aI na:c:ine in;hrmatthn an]
stewardship filet', and well,tag ( rant' r tot lees and iequests for approt al under the
Euse:uenr. t.Inch not.nea and reqtteas shall b: mcvten ed to:rtlt hs the C<-Grantee=_.
unless otherwise stated
2I1. Controlling Lan The toterprealon and performance of this Easement shall be
rot c me d Fy the laws of the State of Colorado:
21.3. Liberal Construction This Easement shall be liberally construed in favor of the
grant to effect the Purpose, of the Fa>emenI and the potter and put pose of C R S S3 b.30 5. 101
fa ntq. If any prot'i.,ton m this Iroumount i, found to he amhigunua, an Interpretation consrtcnt
Hitt ensuring continuation of doe Purpt nes of the basement dui ouid thither the revisit n: s and
,hall be favored Ova any interpretation that would render it invalid The conunin law ole, of
e 'nstn.cuon and of dxfitt enno restriction;on the thin of real property and no:istnting restriction;
m favor of the nee and unrestricted use of teal property shall not apply to interpretations of this
Lcce:nent or to dt, :aa, beta hen the Parties concerning ihz anfar.:ng of parttic. la: raittt was of
this Ea,eiuer t
21.4. Severability If nap prat mum or application of any pmt icon of this Easement, is
found to be int Mid. the remainder of the grow rams shall he deemed severable and remain in full
trice and effect,
20
/III RlP1PtlIWZON'AMEfd'NratilEth i4kYlri, 11111
Receptsonit 907838
06:12/20.8 09 15 25 API Jean plcerrco
21 or 30 Rec Fee $158 00 Dec Fee 0 OC GARFIRO COUNTY CO
21.5. Entire Agreement This instrument sets forth the entire agreement between the
Parties with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement,
21.6. No Forfeiture Nothing contained in this Easement xi di result in a forfeiture or
re\ersion of Landowner's title in any respect,
21.7. Joint and Sew erd Obligation the obligations Imposed by this Easement upon
L.uidows nor shall be Joint and several. If the Property's ownership, now or in the future, is by a
single entity consisting of multiple parties including shareholders, partners, or members, that
entity is required to notify its shareholders partners, or members of the entity's and its parties'
individual right and respon;ibtli nes, mcludmg monetary or other obligations set forth in this
Easement,
21.8. Successors the cuw roans, terms, conditions, and restrictions of this Easement
shall he binding upon, and inure to the benefit of, the Parties hereto and Landowner's respectne
personal t epresentative., hens, successors transfer ccs, and assigns. and the Co-Grantees'
successors, transferees, and assigns. and ;hall continue as a servitude running in perpetuity ws ith
the Property,
21.9. 7 ermination of Rights and Obligations A Patty's rights and obligations under
this Easement terminate upon transfer of the Party's interest in the Casement or the Propene.
except that liability for acts or omissions OCeuirmg prior Its transfer ,hell sun tie transfer,
21.10. Captions Idle captions in tins instrument have been inserted solely for
convenience of reference and shall Ince no effect upon construction in interpretation,
21.11. Counterparts The Patties may execute this instrument In two or more
unmtcmar s, row hish shall, in the aggregate, be signed by all the Parties Each counterpart shall be
deemed an original instrument us against any Patty who has signed it In the es enl of any
dispanti behw een the counterparts produced the recorded counterpart shall he controlling,
21.12. Merger I nlcs, the Parties e\pres.h, state that they intend a mt i get of estates or
interests to occur, no merger shall be deemed to haw e occurred hereunder or under any document
e\ce stud in the future affecting this Easement Should the Co-Grantees m the future own all or a
portion of the tee Interest in the Property, the Co-Grantees as successor in title to Landowner.
shall observe and be bound by the obligations of Landowner and the restrictions imposed on the
I'I opens by this Easement In addition, this Easement shall not merge with the fee title without
the prior row rmcn approve al of Landowner Ile Easement shall not be extinguished, in whole or in
part, through the legal doctrine of merger un w iew of the public Interest in its enforcement
21.13. Acceptance of Gift per IRC Section 170(6')(8) The ('o-Grantees acknowledge
receipt and acceptance of this Easement encumbering the Property, for \w finch no goods or
sen ices row ere provided: and
21
111111rdO itriliENIRa6i1NIIII'MAIra 9iiI+111111
Recept,ena• 907838
06/12,2018 09 15 26 GM Jean R.eer,ca
22 of 3D Rec Fee $158 00 Doc Fee 0 00 GARFIELD COUNTY CO
21.14. Authority to Execute Each Part} represents that such Part} has hill power and
authority to execute and deliver this Deed of Consert ation Easement, to perform its obligations
under this basement, that the individual(sl executing this Easement on behalf of said Party are
fully cmpott ered and legally authorized to do so; and than thn Easement constitutes a tau d.
enforceable. and legally binding obligation of said Party
IN WI I NESS W IIEREOI., Landowner and the Co-Cilantte.s have executed tins Decd of
Couse anon Easenxnt n. of the date first st viten abuse
',S1pnlrt et un lollou pug(
12
1111NJ01111 X00.1 h'Wy14lDA1ML'410.111411111
Reception0. 907838
06/12/2018 09 15 26 An Jean Albano()
23 of 30 Rec Fee $156 00 Dec Fee 0 00 GARFIELD COUNTY CO
LANDOWNER:
TOWN OF CARBONDALE,
a c?6lora)lo Are muni-pal corporation
Dan Richar,+son, Mayor
ATC S' : '-J��,L,�)
Lr, 1 l �/
Ca y I erby, Town Clerk
STATE OF COLORADO )
)55
COUNTY OF GARFIELD) ��"I
i/ The foregoing instrument was acknowledged before me this -Pt day of
1[��///,r, . , 2018,by Dan Richardson as Mayor and Cathy Derby as Tossat Clerk of the
wn of Carbondale, a Colorado home rule municipal corporation, as Landowner
WITNESS my hand and official seal
[SEAL]
Notary Public �
My commission expires: �/ ` C --7-940,_20
DANIKA VAN DAVIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY IO#20164040882
MY CDmmissmn Expires December 7,2020
23
�Ifl1r11Y@VKIU�F�CF�7ihHtll7i�tatit�ll4Vil�{rY4A 11I11
Reception9. 907835
06112/2019 09 15 26 PM Jean Altar Ica
24 a, 30 Pen Fee rel C9 One =et C RRR°1E1-9 COJI^" tO
ACCEPTED by CO-CRANTEES:
ASPEN VALLEY LAND"1 RUST.
a Colorado nonprofit cat pontoon,
l-,
By: _ L 'L-ii.-/ '' +,,,.�-•..—
Surmnb, tephenti. F, ecunec Director
STATE OF COLORADO
1s.
COUNTY OF AgrIr=-u-'))
The foregoing m1nument was acknowledged before me this Ti(` day of '300r
0018, by Swanne Stephens us EACcutirr Direcioi of ASPEN VALLEY LAND"RUST, a
Colombo nonpl alit mt poiatIOn. "� "�. ,,'/
WITNESS my hand and official seal —am f-` -i-
SEat1
Notary Pubic 10IfI 201 '
My commission ezpnes:
JEANNEHAYES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 0[20.34941492
MV COMMISSION EXPIRES OCTOBER le 2018
2T
•
liu hUh1n+FKAIIIIIR 11111
Reception 907838
05f12/2018 09 15 26 AM Jean Americo
25 or 30 Rec Fee $156 00 Doc Fee 0 00 GARFIELD COUNTY CO
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. Colorado.
a body (.0 irate and politic
Bs. kyee♦
,Chairman of the Board of County Commissioners of Pitkin County
Pa+ft (,1 type,�
STATE OF COLORADO
ss
COUNTY OF LI/ K ITJ 1
The foregoing instrument was acknowledged before me this Lm day of )1J-14 e
2018. by Vty,{{K. (\yp pgf as Chairman of the BOARD OF COUNTY
COMMISSIONERS OF pi rKIN COUNTY, Colorado. a hod) corporate and politic
WITNESS my hand and official seal
[SEAL] Ct - G
N t y abr<
teritifti
JANE A ACHEa \ , commission exptres AL,.31L Vt 4, 3.0
STATE EDF,_
■IilNPJORPI tiF11'114 11.61311111,13111ttiII4dsI 11111
Receptsonk 907838
06112/2019 09 15 26 PM Jean Otbe',co
26 0 30 Re^. Fee $158 CO Doc Fee 0 00 GARFIELD COU1lnn Co
EXHIBI I' A
Legal Descnptton of Property
ALL THAT PART OF THE FOLLOWING DESCRIBED PARCEL WHICH LIES WESTERLY OF THE WEST LINE OF
COUNTY ROAD 107 IN LOTS 7,5, 9 AND 21, SECTION 28,TOWNSHIP 7 SOUTH, RANGE 88 WEST,6TH
P M COMMENCING AT A BRASS CAP FOUND IN Pt ACE AND PROPERLY MARKED FOR THE EAST
QUARTER CORNER OF SAID SECTION 28, NORTHEAST CORNER OF SAID LO1 8,AND SOUTHEAST CORNER
OF SAID LOT 7,THE POINT OF BEGINNING,THENCE S 01 DEGREES 46'54"W ALONG THE COMMON EAST
LINE OF SAID SECTION 28,AND SAID LOT 8 A DISTANCE OF 944 97 FEET,THENCE LEAVING SAID SECTION
LINE N 78 DEGREES 20'58"W ALONG THE NORTH RIGHT OF WAY OF STATE HIGHWAY NO 82 A
DISTANCE OF 45 58 FEET,THENCE CONTINUING ALONG SAID RIGHT OF WAY N 69 DEGREES 07'24"W
269 70 FEET,
THENCE ALONG SAID RIGHT OF WAY N 68 DEGREES 48'24"W 378 90 FEET,
THENCE ALONG SAID RIGHT OF WAY N 71 DEGREES 52'54" W 234 2 FEET,
THENCE ALONG SAID RIGHT OF WAY N 52 DEGREES 29'24"W 57 10 FEET,
THENCE ALONG SAID RIGHT OF WAY S 89 DEGREES 44'06"W 111 46 FEET,
THENCE ALONG SAID RIGHT OF WAY S 89 DEGREES C4'06" W 8 54 FEEL
THENCE ALONG SAID RIGHT OF WAY S 42 DEGREES 22'06" W 31 07 FEET;
THENCE ALONG SAID RIGHT OF WAY S 42 DEGREES 22'06"W 117 63,
THENCE ALONG SAID RIGHT OF WAY N 84 DEGREES 53'32"W 64.93 FEET;
THENCE ALONG SAID RIGHT OF WAY N 86 DEGREES 37'40"W 85.07 FEET,
THENCE ALONG SAID RIGHT OF WAY N 85 DEGREES 17'54" W 101 GO FEET,
THENCE Al ONG SAID RIGHT OF WAY N 85 DEGREES 17'54" W 186 60 FEET;
THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1760 4 FEET
AND DELTA ANGLE OF 14 DEGREES 59'54" A DISTANCE OF 460 70 FEET(LONG CHORD BEARING N 74
DEGREES 45'54"W 459 5 FEET),
THENCE ALONG SAID RIGHT OF WAY N 60 DEGREES 34'05" W 287 99 FEET THENCE ALONG SAID RIGHT
OF WA). N 62 DEGREES 0947' W 150.26 FEET;THENCE ALONG SAID RIGHT OF WAY N 61 DEGREES
5b'24"W 327 44 FEET TO THE COMMON NORTHSOU IH CENTER LINE OF SAID SECTION 28 AND WEST
LINE OF SAID LOT 21, THENCE LEAVING SAID RIGHT OF'NAY ALONG SAID CENTER LINE N Ol DEGREES
20'27" E 240 86 FEET TO THE COMMON CENTER OF SAID SECTION 28 AND NORTHWEST CORNER OF
SAW LOT 21,THENCE S 89 DEGREES 10'22'E ALONG THE EAST-WEST CENTER LINE OF SAID SECTION Z3,
1858 20 FEET TO THE WEST
INE OF SAID LOT 7,THENCE LEAVING SAID CENTER LINE AND ALONG SAID WEST LINE OF LOT 7 N 00
DEGREES 28'14"W 199 71 FEET TO THE NORTHWEST CORNER OF LOT 7,THENCE ALONG NORTH LINE
OF SAID LOT 7 N 88 DEGREES 34'42" F 812 12 FEET TO THE COMMON EAST LINE OF SAID SECTION 28
AND SAID LOT 7,THENCE ALONG SAID EAST LINE 5 00 DEGREES 04'18"W 231 55 FEET TO THE POINT OF
BEGINNING, LXCIPI SAID POWER TRANSMISSION RIGHT OF WAY DESCRIBED IN BOOK 351 AT PAGE 597
AS RECEPTION NO 222266;
COUNTY OF GARFIELD
STATE OF COLORADO
26
VIII
Pr i 1111X1n11101hWil444 111 II I
Receptaonk 907838
06,12'2018 09 15 26 Ppl lean arbenco
J> of 30 Rec Fee S‘F41 OC CQC Fee 0 00 GRR=IEl0 COW11Y Co
EXHIBIT B
Map of Property
/. / ' /1
i
;�
"3 1 ('/PED ifn_OS�+C U.1/kka..RETRl7AHEH
i^
' / //et t r ,
- 1Y YY-Y rf n�#1_ �•
•}
FOARr'1P 1 OPk r✓ER .`
I _.\
T 4
r ` -
1 _
_ I '
• Ik
—I_- JNlle>
Legend
EXHIBIT B. yL a Property ��r (25 acres) -- aarteld CowAy Reads -�rlYb`-
MAPOF
PROPERTY ,T„ Bureau of
land Managernert ...._ Roa ung pork R:Jer r n•;,TR' s
27
IIII NFlYUIIt1rIIMll.NUk1UICIR41i'IA41R1fr14, 11111
Receptaona: 907838
06/1212016 09 15 26 AM Jean RIb6/mo
2B et 30 Rea lee $198 00 Onc Fee 0 00 JAPFIELD COunh CO
INHIBIT C
Sun cy
I F—' f i`di;i'1t°i i i ild_ Il
rY0 me 11.1' i 3it.iii Pi ''.ti'"1`— ,y,.9, ry—
1t.
!tett* %Le;ilipt. 4 !It, tilt -,. � I
i 4iii�15,'9`e e;7is ;j± i illi t, ,.. ' Pi.: .. 1 - =
Ito 14;it .iii' I i , , it � '9,11 ; I,
f t ,;! ,4111 . P. .
. f % i 'I P . . f a .
111 1111 •i• i, Ali I ..! + i. .
;1:{ iI6',13'3 i° ii- fps : f-- Ailii -
'I��!'gIF •46 r;;; III ; !1116' { .i 1' I ,;;E;;t Pfii
l: Q�i
11;3 °ii! •lI ' 'Ii '. ' 4. 11';,11 „ 'Julri( liEi:
-_—.. i" 3 ; li I ill i ' ' -1- •'i' s i i • IT i{!•
i; 113. tS #116 i i ! II U
1 ! 1 aye t< r he 3
iii i ,fl, i i i,
?z :I SI r1: Al •
Y, I�
3 � 1 ' g 1111 I 1I1m
} t it• 131
i Ri 'it i • 'i,-i! ' t. c•-
tt ' i =:gl
ly ff 1;1`{IIIA tii •'.�� LL F6.1' { N v
I 1 1 1,i 'h) i '(�,'Wl • 11 \1, m. *4V
i 1 #5 r frot-
t* _
lII 'f 3 1 + 3 e ( it .� 'M1
jil
A2 '
IiF 11I}: t iP, 4111 iiiiii;iliili,ilill'S�i*i
d tjl�' t`1=114 1_
t;iissi ( 4�,'il ILL
3:1d{
e.i, iini 31 iglilir,ll:ilNIMiiiinfitl114 igi 1;3:A.4°2
`il"` . r= Itis ?IiiI . 511PI,E.iiiIiiiiilyill'1%1!� -ji ��e-"
I ;I. Ii�<1PP IA.p :x 41 ry 1 ti i pimp 4!f= tie"
►11ii:nil1pii16=iI i i
1'.4141 Jlej 3 6 11 if7 j i ii33i iii33i1i391li +'
`f= lr if'fe,;•ii 4933ijiiUjiijiljl lei it
LI itl ,,se1,4 y _50 154
11
ulQNlIAlhflllfiM1l:MMRMWIILA I Kki41UIIII
Receptsona' 907838
IC012/201E1 09 15 26 PM Jean Blberrco
2D or 90 Pec fee 3150 00 Doc Fee n 00 cnRrlELD COMITY CO
EXHIBIT D
Dcsi ription of Activity Envelope
The Activit} l.nvehrpc is known as Vat eel A consrvnng of 4 29 acre. on the Red lint PUD„.
depicted on the PL.D plat, which 15 l ecor ded at Book 673 at page 648 in Garfield County.
Colorado,
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Recept tong 907838
.50 of 30 Re° roe $559 CC Dot' ree 0 CO GAHLIELD COUNTY t'e
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