HomeMy WebLinkAboutbocc.con.206.2018 - BOCC IilllllnlllHill111111�IIIIIIIFIIIIIIIIiIlI11111liii?11111101111111111
RECEPTION/1: 648447. R', $0.00,D:$000
DOC CODE. ORDINANCE
Pg 1 of 3 06/27/2018 at 03:26:29 PM
Janice K.Vos Caudin. Pakin County,CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AMENDING THE DEADWOOD RANCH CONSERVATION
EASEMENT(F.K.A, FENDER MIDDLE RANCH)
CONTRACT
ORDINANCE NO. 013 -2018
#50:7vs ;tc Vogl
RECITALS: �' f Ll�ea()
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 Board of County Commissioners of Pitkin County
(BOCCI established an Open Space and Trails Fund for the purposes of acquiring,
preserving, managing, and maintaining open space and trails assets and resources, and
established an Open Space and Trails Board of Trustees(OSTB)to guide the expenditure
of those funds.
4. The Open Space and Trails Program(OST) is charged with piotecting agriculture, open
space,habitat,scenic view planes,water rights and river access.
5. The Fender Middle Ranch Conservation Easement was granted to Aspen Valley Land
Trust and Pitkin County and recorded on March 29, 2011 and recorded at reception
numbei 578749(the"Conservation Easement").
6. Pitkin County BOCC Resolution No. 147-2016 approved the Deadwood Ranch I LLC
and Deadwood Ranch II ILC CD-PUD(Middle Ranch CD-PUD Plan), lot line
adjustment/merger,and activity envelope amendments(Resolution 147-2014
7. Resolution 147-2016 is conditioned upon an amendment to the Conservation Easement to
include the Deadwood Ranch H parcel and its water rights under the conservation
casement,and to guarantee continued commercial agricultural practice and operations.
8. On August 19,2010,the Pitkin County OSTB adopted a policy on Conservation
Easement Amendments that provides a framework to analyze when and why an
amendment to a conservation easement may be warranted.
9. In compliance with the aforementioned policy,the OSIS reviewed the information and
recommended approval of the atnendment to the Conservation Easement, to cure an error
or ambiguity.at their June 6,2017 board meeting.
Ordinance (Jt3 -2018
10 1 he BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pttkm County
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County,Colorado that it hereby adopts an ordinance of the Board of County Commissioners of
Pitkin County.Colorado,accepting amendments to the Deadwood Ranch conservation easement
(f.k a. Fender Middle Ranch) 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.
Signatmes on next page
•
Ordinance OI3 -2018
INTRODUCED AND FIRST READ ON THE 14th DAY OF FEBRUARY,2018 AND SEl
FOR SECOND READING AND PUBLIC HEARING ON THE 2814 DAY OF FEBRUARY,
2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /f'4'-' DAY OF
f,C.)o re r r>_ , 2018.
NOTICE OFF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL, PITKIN COUNTY WEBSITF. (Aw'L.pitkinconm ami)ON THE
1SSH' DAY OF :a)ro4✓r. __ 2018.
ADOPT�ED AFTER FINAL READING ANI) PUBLIC HEARING ON THE ,J-Ya- DAY
OF (-t�hrvc,ria- 2018.
PUBLISIIED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE `d DAY OF Yhara _, 2018.
POSTED BY TITLE AND SHORT SUMMARY ON TIIE OFFICIAL PITKIN COUNTY
WEBSITE(yywu'.pid,ia_qunn_inw) ON THE /41 DAY OF Il/G“-al.- 2015.
AT17: ((�A q4 II nn BOARD
�O.FtCOUNTY COMMISSIONERS
B}. ✓6 . .�. _)//'1'IJ`� BY: Yaw:
Ile Jones / Patti Clipper, Chair
Dep,ity County Clerk
Date; 0 3— 14 —I f
APPROVED AS TO FORM. MANAGER APPROVAL
John Ely, County Attorney ,o�n Piacock, County Manager
OPEN SPACE & TRAILS
Gary Tennenbaum, Director
Ordinance 013 -2018
CONTRACT 1111,111111111111111111111 1111131111111$111
RECEPTION* 648444, R. $0 00. D $0 00
DOC CODE: ASSIGNMENT
p} /' Pg t of 6,06727/2018 at 03:26:26 PM
CI dV Janice K Vas Caudill. Atkin County, CO
Tr ASSIGNMENT OF INTEREST IN
DEED OF CONSERVATION EASEMENT
Middle Ranch(aka Deadwood Rah)
Pitkin County
THIS ASSIGNMENT OF INTT REST DEED OF CONSERVATION EA.SEMENI'
(this"Assignment")is given this/3 ay of ,by ASPEN VALLEY
LAND TRUST,a Colorado non-profit corp° tion with offices at 320 MS St.,Suite 204,
Carbondale, CO 81623 ("the Trust"),to the BOARD OF COUNTY COMMISSIONERS OF
PNTK!N COUNTY,Colorado,a body corporate and politic,having its address at 53C Et,Main St.,
Ste 301,Aspen,Colorado 81611 ("Pitkin County").The Trust and Pitkin County are hereafter
coltectisely referred m as the"Parties."
RECITALS
A. On March 25,2011,Middle Ranch,LTC,a Florida limited liability company("Original
Grantor")granted a Deed ofCcnseicatio:Easeni^i'.to the Trust and Pitkin County as
Co-Giantecs, over and across certain real property,which Deed of Conservation
Easement was recorded in the:real property records of Pitkir.Counts on March 29,
201E4 Reception No.578749 (the"Easement Deed")
B. The Easement Deed encumbers approximately 335 acres,mule or less, located at 2600
West Sopris Creek Road, Basalt, Colorado 81621,m Pitkin County,Colorado, which is
.cgally described it Exhihi"_A"attached hereto(the"Property").
C. Pursuant to that certain Specta: Warranty Deed re;orded in:he real popery records of
Pitkin County on March 27,2011 at Reception No. 583857,Original Grantor transferred
its fee title ownership interest in the Property to Deadwood Ranch 1,LLC,a Florida
limited liabilily company("Current Owner').
D Corr at Owner s Origins: Grantor's ssiccesso: in interest.Current Owner is hereat-e
referred to as"Grantor."
E. With this Assignment,the Ti ust is assigning 100 percent of its interest as co-grantee of
the Easement Deed to Pekin County,so that Pitkin County shalt be the sole Grantee of
the Easement Deed as of the date of(his Assignment,
F. ?akin Cosy is a qualified o:gamzatio:ender Section 170(h)of the Internal Revenue
Code,and under C.R.S. Sections 38-30.5-101 c1 eeq.,to hold the Easement Deed;and
does by this Assignment accept fall Interest in the Easement Deed
G. Grantor has been notified of, has consented to and agrees with this Assignment.
AGREEMENT:
Now,therefore,the Panes agree as follows.
1 Assignment. The Trust hcieby assigns 100 percent(100%x)of its rights and obligations
under the terms of the Easement Deed to Pitkin County,as permitted m Section 15 of the
Easement Decd.
1
]l19/IS
2 Acceptance of Assignment. 1'itkin County accepts the assignment of the rights and
obligations originally granted m the Trust as a Co-G,antee of the Easement Deed.
3. Amendment. As a condition of this Assignment,Grantor agrees to amend the Easement
Deed to include mference to and plolectiona for the primary Purpose of the Easement
Deed;to include additional acreage within the Property,and to include and memorialize
the re}tsed locations of the turner exc'aded building aicas as Bei:ding Envelopes within
the Pioperty. Such amendment shall he executed by Grantoi and Pitkin County and
recorded in the Pitkin County real property recounts
4. Release. rhe Trust shall be released tion any and all obligations o! liabilities as original
Co•Grantee of the Easement Deed for clients arising on of after the dale of this
Assignment.
S. Consent and Counterparts. By its signature below, Grantor consents to this Assignment,
agrees to its terms,and waives any notice and consent requirements in the Easement
Deed related to this Assignment This Assignment may be executed in counterparts,each
of which shall be an original an all of which taken together shall constitute one and the
sate agreement.
'N WilNESS HPREOF,'be frust Cantor,and Pith r County, intending to legally bird
themselves,have set Mei! hands on the date first written above
[.Sigii lfiret on following pages]
0
ASSIGNOR:
ASPEN VALLEY LAND TRUS1,
a Colotado non-profit corporation
BY
Suzanne Stephens, baeculive Director
STATE OF COLORADO ) —
—
iss
COUNTY OF Lirr IIFlt r_D ) ,;
ca
o
'I he finegmng instrument was acknowledged before me this /a, day of arune- s
3 2t
2018,by Suzanne F. Stephens,as Executive Director of Aspen Valley Land Trust,a Colorado y•i26 z r
non-profit corporation. p a
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li'i'ncs m} hand and official seal. ,,,�}ypp ygc
Nntar Public ^�� (] _rS° m
My comltiissk -('' d
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ASSIGNEE:
BOARD OF COUNTY COMMISSIONERS OF PITT{IN COUNTY,Colorado,
a body corporate and politic
lit __—
Patti Clapper,Chair
STATE OF COLORADO 1
Ass.
COUNTY OF ()ITEM i
,.Paii mkl
uent was acawledged before me on this/5
?tett a> of di/1k,
2018, by fett./l i 14414,IC_ Ochairman of the HOARD OF COUNTY
COMMISSIONERS OF PAK'S COUNTY,Colo ado,a body co3Toi to and politic.
WITNESS my hand and official Seal i .3fr,
iS •'--,...— re _I—. 4(a u r ‘—'1" t. - _. .__
f JE'AM57"r�J0�."C7 oQny Public a
t NOTARA r.�pJ:- ;'.y comrnission cxpr,es' ___
f STATE 37 w_37-;3" I
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GRANTOR'S CONSENT AND AGREEMENT:
GRANTOR:
DEADWOOD RANCH !,LUC
a Florida i Red liability company
I
Ry: 1 1 /
Jerrod . r anager - --
AFF 411 STAN".OF 1.4,4 Q;cat )
ss
COUNTY OF 50..3(..4.., )
The foregoing iostmment was acknowledged before me this P4 day of Apnj ,2018,by
Jerrold Parkes,as Manager ofDeadwood Ranch 1,LLC,a Florida limited liability company,as
Grantor.
WITNESS my hand and official seal / /
[SEAL] 2.9PrAit A i�/ _ _ _
Notary Public
My commission expires: Neat,-
(08818188NDISSwww.! SNioI451(1111111
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4
A
, r. �. CONSRVkLO DESCRM T T EXHIBIT -� 1 EXHIBIT A I
PARCELDEADWOOD RANCH
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
PROPERTY DESCRIPTION1.
PARCELS OF LAND SITUATE IN SECTION 27 AND IN THE N1/2 OF SECTION 34, TOWNSHIP 8 SOUTH,RANGE 87 WEST OF
THE 6TH P.M., COUNTY OF PITKIN,STATE OF COLORADO.ALL BEARINGS RELATIVE TO A BEARING OF N89°56'10"W
BETWEEN THE E1/4 CORNER OF SAID SECTION 27,A 2.5"DIA. USGLO BRASS CAP IN PLACE AND THE W1/4 CORNER OF
SAID SECTION 27,A 25"CIA. USGLO BRASS CAP IN PLACE,SAID PARCELS OF LAND PREVIOUSLY DESCRIBED IN DEEDS
RECORDED IN RECEPTION NO.'s 583857 AND 583864, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID EAST 1/4 CORNER OF SECTION 27; THENCE SOO°02'22"F 2638.75 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 27,A USGLO BRASS CAP IN PLACE; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
N89°5729"W 961,56 FEET TO A POINT ON THE EAST LINE OFA PARCEL OF LAND DESCRIBED AS PARCEL B,PARCEL 2
AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN RECEPTION NO.583857;THENCE ALONG SAID PARCEL OF
LAND THE FOLLOWING SIX(6)COURSES:
1.) 505°49'06"E 111.58 FEET;
2.) 557°20'36"W 267.60 FEET;
3.) 548°17'21"W58.97 FEET;
4.) N64°38'06"W 98.69 FEET;
5.) 501°3.5100"E 1066.03 FEET;
6.) N89°55'24"W 38.19 FEET; THENCE DEPARTING SAID PARCEL OF LAND N89°57'01"W 287.32 FEET TO A POINT
ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED AS PARCEL B,PARCEL 1 AS DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED IN RECEPTION NO. 583857;THENCE ALONG SAID PARCEL OF LAND THE
FOLLOWING THREE(3)COURSES:
1.) S26°3138"W 64.46 FEET;
2.) 588°34'02"W 546.22 FELT;
3.) N53°05'53"E 119,28 FEET;THENCE DEPARTING SAID PARCEL OF LAND S89°5712"W 548.96 FEET TO THE
CENTER NORTH 1/16 CORNER OF SAID SECTION 34, REBAR AND CAP LS Na 14111 IN PLACE;THENCE
NO0°0840"W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 34 A DISTANCE OF 724.67 FEET
TO A POINT ON THE SOUTH LINE OF TRACT 75, THENCE 582°09'04"E ALONG SAID SOUTH LINE 137.68
FEET TO ANGLE POINT NO.4 OF TRACT 75,A 3 1/4"DIA.ALUMINUM CAP LS NO,28036 IN PLACE;
THENCE NOO°09'36"E 1329.53 FEET TO ANGLE POINT NO. 5 OF TRACT 75,A 2/:"DIA. USGLO BRASS CAP
IN PLACE; THENCE 589'13'59"W 1319.29 FEET TO ANGLE POINT NO. 3 OF TRACT 74,A 251"MA. USGLO F
BRASS CAP IN PLACE, THENCE N0073'49"W 2621,91 FEET TO ANGLE POINT NO. 2 OF TRACT 74,A 214"
DIA. USGLO BRASS CAP IN PLACE;THENCE S88°53'13"W ALONG THE NORTH LINE OF SAID TRACT 75 A
DISTANCE OF 789.88 FEET; THENCE DEPARTING SAID NORTHERLY LINE NOO°0424"W 803.48 FEET;
THENCE 589°38'01"E 1979.00 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 27,
THENCE 500°00'04"W ALONG SAID NORTH-SOUTH CEN I ERLINE 138.22 FEET TO THE CENTER NORTH 1/I6
CORNER SAID SECTION 27; THENCE 589°58'04"E 2634.43 FEET 10 THE NORTH 1/16 CORNER BETWELN L
SAID SECTION 27 AND SECTION 26,A REBAR AND CAP LS NO. 13166 IN PLACE;THENCE 500°00'33"E
1319.52 FEET TO SAID EAST ii CORNER OF SAID SECTION 27, THE POINT OF BEGINNING. LESS AND
EXCEPT 5.4 ACRES, MORE OR LESS AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT
NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND REORDER Of PITKIN COUNTY
COLORADO.SAID PARCEL OF LAND CONTAINING.379.481 ACRES MORE OR LESS.
MS DOES NOT OONS11TUT A P9£ SEARCH 8T
SOURIS ENGINEER, LI C(SET TO DETERMINE OWNERSHIP
SOPRIS ENGINEERING - LLC OR EASEMENTS OF RECORD. FOR ALL INFORMATION
- REGARDING oar US OE RECORD, SE REMO UPON THE
C1VIl CONSVTIANTS LOT LINE ABy 800Et(T FLAT SUPPLED ST THE MEW
YO2 MAINs.PEEO.VOTE A3 PREPARED BY 800401FY SURVEY 136 E. 3RD. STREET.
CARBON DAL E.COLORADOMa 9
(.- 704O.03M 2-23-T, ISA 9/MUT-AN PCONiPWAPON-S'ARUEN; ACTS UWE
1111111 111111111111111 IIIII111111111$11111I11IIIIIIIII
RECEPTION+. 648448.R:60.00.D: 5090
CONTRACT
DOC CODE: DEED CONSERV
Pg 1 of 40,06127(2018 at 03:2690 PM
Janice K.Vos Caudill, Pitkin County.CO
# 9‘106/ 30«
NOTICE TO TITLE COMPANY:
This Deed of Conservation Easement in gross requires a one-hundred dollar 1$140.00) fee he
paid to Aspen Valley Land Trust or its successor organization by purchaser, transferee or
recipient upon any transfer or purchase of this Property, pursuant to Section 16,
FIRST AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
Deadwood Parcel—Plain County
THIS FIRST AMENDED AND RESTATED DEED OF CONSERVAI ION
EASEMENT IN GROSS ("Easement") is granted this 7f1 day of 1t 2018 by
Deadwood Ranch I, I.LC. a Florida limited liability company ( '-Grantor"), o and for the benefit
of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. Colorado. a body
corporate and politic, having its address at 530 E. Main St., Ste. 301, Aspen, Colorado 81611
("Pitkin County"). Pitkin County is referred to herein as "Grantee" Grantor and Grantee may
be collectively referred to as the"Parties"and individually as a "Party"
Thy follow mg exhibits are attached hereto
Exhibit A Property Legal Description
Exhibit B: Survey of Property and Activity Envelope Legal Descriptions
Exhibit C Water Rights
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of 374.481 acres, mow or less, of
real property known as the Deadwood Pared thereafter, the "Deadwood Parcel"), located at 740
Sweanngen Way, Basalt, County of Pitkin. State of Colorado, more particularly described in
Exhibit A, together with certain Water Rights described in Exhibit C. attached hereto and made a
part hereof(the "Property") The term "Property" shall hereinafter be defined as the land and
water rights combined, and the term "'Dater Rights'" shall refer to the water rights alone. as
described in Section7.3 J and Exhibit C, attached hereto and incorporated herein by reference;
WHEREAS, Grantor's predecessor donated a conservation easement m gross to Grantee
and Aspen Valley Land Trust, a Colorado nonprofit corporation ("AVIA"), as "Co-Grantees"
by
grant of that certain Deed of Conservation Easement recorded in Pitkin County on March 29,
2011 at Reception No. 578749 ("Original Easement'), over and across all of the fee simple
interest in approximately 335 acres of the Property described as the "Deadwood I Parcel" in
Exhibit A, together with certain water rights associated with or appurtenant thereto;
WHEREAS, pursuant to that certain Assignment of Interest in Deepi of Conservation
Easement dated Jj/,(tt iS , 2018 and recorded in Pitkin County on Ai VL r _
2018 at Reception No. it fl1/44y , AVLT assigned to Grantee all of AVI.T's rights and
obligations under the terms of the Original Easement, and Grantor consented to such assignment;
WHEREAS, the Original Easement did not encumber the entire Deadwood Parcel
because(9 by its terms the Original Easement did not encumber certain areas within Deadwood 1
Parcel that were designated as "Agricultural Activities Facilities Envelope (Exclusion)",
"Historical Resources Activity Envelope (Exclusion)'. and ":Activity Envelope (Exclusion)'
(collectively, the "Formerly Excluded Activity Areas"), and (u) the Original Easement did not
cover any of the fee simple interest in approximately 35.339 acres of the Property described as
the "Deadwood II Parcel" in Exhibit A, together with certain water rights associated with or
appurtenant thereto:
WHEREAS, Pursuant to BOCC Resolution 147-2016 recorded in the office of the Clerk
and Recorder for Pitkin County, Colorado on January 5, 2017 under Reception No. 635224
("Resolution 147-2016"), Pitkin County approved, among other things, the merger of the
Deadwood II Parcel with the Deadwood I Parcel, the re-zoning of the Deadwood II Parcel and
including the Deadwood II Parcel within this Easement,
WHEREAS, pursuant to that certain Special Warranty Deed recorded in the office of the
Clerk and Recorder for Pitkin County, Colorado on March 15, 2017 under Reception No 636819,
the Deadwood 11 Parcel was conveyed to Grantor thereby making Grantor the owner of both the
Deadwood I Parcel and the Deadwood II Parcel;
WHEREAS, the Deadwood H Parcel merged with the Deadwood 1 Parcel pursuant to that
certain Deadwood Parcel Subdniston Exemption Lot Line Adjust
t�$ ent Plat recorded in the office
of the Clerk and Recorder for Pitkin County. Colorado on ez T/Q 39}1-9 in BookJJ., _at
Page (mg under Reception No. wiis _ 'dp18'
WHEREAS, Grantor has agreed to donate and grant to Grantee a conservation easement
in gross encumbering the entire Deadwood Parcel, including the Deadwood II Parcel, the
Formerly Excluded Activity Areas and to grant and encumber an additional 8.863 acres of real
property owned by Grantor within the Deadwood I Parcel and described in Exhibit A and Exhibit
B as "Activity Envelope I", "Activity Envelope 2'", and "Activity Envelope 3"' together with
Water Rights associated with or appurtenant to the Property, which Water Rights are collect')ely
described in Exhibit C herein:
2
WHEREAS, Grantor and Grantee have agreed to move and reconfigure the Approved
Road Activity Envelope and Formerly Excluded Activity Areas shown on Exhibit B of the
Original
Easement to avoid the irrigated meadows and further protect the Conservation Values of the
Deadwood Parcel;
WHEREAS, this Easement amends, supersedes, replaces and restates the Original
Easement without mien-opting the perpetual duration of the Original Easement or the property
right which vested in AVCf and Grantee upon the recording of the Original Easement;
WHEREAS, the Property possesses natural, scenic, open space (including agricultural).
and wildlife values (collectively. "Conservation Values") of importance to Grantor. Grantee.
the people of Pitkin County, and the people of the State of Colorado that arc worthy or
preservation;
WHEREAS, the Conservation Values of the Property are more particularly described in
the Baseline Documentation, described in Section 4 herein, the protection of which is recognized
under §I70(In)(4)(A) of the Internal Revenue Code of 1986, as amended ("IRC"), and §1 170A-
14(d) of the Treasury Regulations as valid conservation purposes for which a qualified
conservation contribution may be donated A summary of the Conservation Values follows:
Relatively Natural Habitat r§ 1.1704-14(d1i311. For the most part. the native plant
communities on the Property are in fair to excellent condition. The dominant plant
communities on the Property can be described as follows: (1 t mountain big sagebrush
shrublands, 12) Gimbel oak dominated mixed montane shrubland; (3) non-native pasture
grass hayfields. (4) quaking aspen thinleaf alder - willow species riparian woodland -
Sedge wetland complex. The riparian-wetland complex and hayfields occupy the valley
floor while the sagebrush and montane shrublands are primarily located on the
southwesterly- and northeasterly-facing slopes above, In many areas of the Property the
shrubland associations consist of intergrades between adjacent types with dominance or
co-dominance of(iambel oak or mountain big sagebrush.
There arc plants and pant communities w nth special conservation status known or
likely to occur on the Property, The Property is home to sagebrush shrubland associations
designated as rare and/or imperiled by the Colorado Natural Heritage Program
I"CNIIP"). Protecting sagebrush shrublands in Colorado has been identified by a number
of governmental and non-governmental agencies as a conservation priority. Elarrington's
heardtongue (Pen,stemon hari(ng/oiui) may occur on the Property This rare plant is
known to occur in similar habitat nearby and within the Crown Potential Conservation
Area ("PCA"), as designated by CNHP. This globally vulnerable member of the
Penstemon genus is endemic to a six county area in Colorado Gambel oak - alderleaf
mountain mahogany t elk sedge mixed montane shrubland associations on the Property
are threatened throughout their global range and u ulnerable to extirpation in Colorado
3
The interspersion of the sailed associations on the Property provides habitat for a
relatively rich assemblage of wildlife species The hayfields on the Property provide
valuable habitat for grassland birds such as mountain bluebirds, savannah and vesper
sparrows, and western kingbirds and small mammals such as long-tailed and montane
voles, northern pocket gophers. The Property is within the home range of a pair of golden
eagles. Other raptors such as bathers and red-tailed hawks arc commonly observed
hunting the abundant prey in the shrublands and hay fields. Both mule deer and elk occur
on the Property. Portions of the Property lie within active mule deer (Odoroilcus
henrionus) and Rocky Mountain elk (Cereus canodensis ne/soni) winter range as well as
mule deer summer range. Bobcats, coyotes, long- and short-tailed weasels, mountain
lions, and red fox all occur on the Property. The Property lies within an important black
hear fall foraging area R also provides habitat to a number of bat species t including rare
Townsend's big-eared hats) and four species of owl. Dry Creek runs through the Property
for approximately 0.8 miles.
• Open Space l§ I.170A-14(d)t4 1 The Property qualifies as open space because it wilt be
preserved for the scenic enjoyment of the general public and is pursuant to a clearly
delineated governmental conservation policy. Conservation of the Property will further
yield a .significant public benefit.
a Scenic Enlovment. The Property lies within a mapped Scenic View Protection
Area designated by Pitkin County, and adds to the scenic character of the local
rural landscape in which it lies, and provides a degree of openness, contrast and
ariety to the overall landscape. A portion of the Property is visually accessible
to the general public from West Sopris Creek Road. which is open to and actively
used by residents of Pitkin County and the State of Colorado, and from public
lands and trails on and surrounding Mount Sopris, a popular recreational
destination. The tents of the Easement do not permit a degree of intrusion or
future development on the Property that would interfere with the essential scenic
quality of the land.
Agriculture. The Property is currently used for agricultural purposes including
irrigated hay production and pasture for livestock. This use is compatible with
other land use in the vicinity, as adjacent properties are also used for agricultural
production. Hay is harvested from a portion of the approximately 95 acres of
irrigated fields las shown on Exhibit C) on the Property annually. The Property
has considerable senior water rights dating back to the origins of the Middle
Ranch and commencement of its agricultural uses in the 1880s, described in
Exhibit C. The Property has been continuously operated as a ranch since it was
homesteaded in 1885, and for most of that time has been used as part of a larger
cattle ranching operation by family ranchers.
• o Governmental Policies Conservation of the Property is promoted by the
following local and state governmental policies. The laws and regulations of the
State of Colorado and the United States also support conservation of the Property
4
relative to its scenic, wildlife habitat, agricultural heritage, educational and natural
area values:
• Local Policies:
Conservation of the Property helps to maintain a valuable open space
resource. Pitkin County addresses the need for protecting open space in its
Home Rule Charter, which contains the Open Space and Trails Program's
enabling legislation under Article XIII. Catena for open space acquisitions
include: (1) Areas within public scenic viewplanes, (2) Incorporating or
protecting significant wildlife habitat, (3) Protecting riparian or wetlands
areas, and (4) Protecting other public lands from the impacts of development.
In addition, Pitkin County's Down Valley Comprehensive Plan (DVCP)
recommends inclusion of the Ranch within its Agricultural/Wildlife Reserve
(AWR) District.
Conservation of the Property is also promoted by the Emma Area 2008
Master Plan, adopted January 13, 2009 by the Pitkin County Planning
Commission, which places this Property within a mapped Scenic View
Protection Area, as designated by Pitkin County Land Use Code, and
advocates for the following issues, which are achieved in part through
preservation of the Property I) Preservation of rural character,)
Preservation of open lands,3) Preservation of agricultural uses:4)
Preservation of privacy, peace and quietand 5) Managing growth and
development
• Statewide Policies:
The State of Colorado has recognized the importance of private efforts
toward the preservation of natural systems in the State by the enactment of
Colorado Revised Statutes ("C.R.S.") §§38-30.5-101 et seq In addition,
C R S. §33-1-101 provides in relevant part that "it is the policy of the state of
Colorado that the wildlife and their environment are to he protected,
preserved, enhanced, and managed for the use, benefit, and enjoyment of the
people of this state and its \isuors." C R S §38-30 5-102 provides for the
creation of conservation easements to maintain land "in a natural, scenic, or
open condition, or for wildlife habitat, or for agricultural, horticultural,
wetlands, recreational, forest or other use or condition consistent with the
protection of open land . .
The Colorado Department of Agriculture Statutes, C.R S §§35-1-101 et
seq., provide in part that "it is the declared policy of the State of Colorado to
conserve, protect, and encourage the development and improvement of its
agricultural land for the production of food and other agricultural products."
5
The Property contains significant native sagebrush habitat, and as such its
causer\ation is further promoted by the Colorado Division of Wildlife's
Wildlife Conservation Section Briefing Paper, dated March 3, 2005, `Needs
for Habitat Protection of Colorado's Sagebrush Communities."
o Significant Public Benefit. The Property is a unique part of a rural, agricultural,
mountainous area of Pitkin County, where there is a trend toward residential
des elopment in the near vicinity. The Town of Basalt is approximately five miles
by road from the Property, and the City of Aspen approximately 23 miles to the
east 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 values, and will increase the amount of
conserved lands both in the Emma area, currently identified by Grantee as a high
priority for protection, and within The Crown Potential Conservation Area
("PCA ), designated for its high conservation priority by the Colorado Natural
Heritage Program. The Property lies within The Crown PCA and borders Bureau
of Land Management land to the east It lies approximately one mile from existing
conservation easements on the 280-acre Sopris Mountain Ranch, the 56-acre
Flatbush Farm, and the 560-acre Crown Mountain Ranch, thereby adding to the
habitat and natural area connectivity of the area.
WHEREAS, the Parties acknowledge that this Easement is intended to satisfy in part the
requirement of the Pitkin County Land Use Code for the creation by Grantor of conserved open
space for the Middle Ranch LU' Conservation Development PUD, pursuant to the Resolution
059-2010 of the Board of County Commissioners of Pitkin County. Colorado approving the
Middle Ranch LLC Conservation Development ICD-PUD) Plan, Special Review, GMQS
Exemption and Activity Envelope, recorded on June 11, 2010, in Pitkin County at Reception #
570412, as such approvals may he amended from time to time by approval of Pitkin County.
including Resolution 147-2016, BOCC Ordinance 29-?016 recorded in the office of the Clerk
and Recorder for Pitkin County. Colorado on January 5, 2017 under Reception No. 615223
(hereafter, collectively, the "Land Use Approvals'). The Parties also acknowledge that the
Land Use Approvals permit development activity envelopes on the Deadwood Parcel ("Activity
Envelopes"), as such are shown and described in Exhibit B hereof, all of which are by this First
Amended and Restated Easement now encumbered by this Easement and included within the
Property. Except as limited above. Grantor may use the land within the Activity Envelopes for
any and all uses and activities permitted by the Land Use Approvals, local laws, codes, and
regulations, pros ided that Grantor notifies Grantee of the placement or relocation of any new
structures within the Activity Envelopes so that Grantee may update its records; and
WHEREAS, Grantor intends to convey to Grantee the right to preserve and protect the
Conservation Values in perpetuity and Grantee agrees by accepting this gran: to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation
Values for the benefit of this generation and the generations to come.
6
AGREEMENT
NOW, THEREFORE, in consideration of the matters ahoy e, the mutual covenants,
terms, conditions and restrictions contained herein. and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
GRANT
Grantor hereby voluntarily and irrevocably grants and conveys to Grantee a perpetual
Conservation Easement in gross ("Easement"). pursuant to C.R S. §§38-30.5-101 et seq ,
through the terms mutually agreed to in this Easement. consisting of the rights and restrictions
enumerated herein, over and across the Property, to hold said Easement unto Grantee and its
successors and assigns forever. The Easement shall constitute a binding sen¢ude upon the
Property and shall he subject to prior reservations, easements, encumbrances and exceptions of
record,except as otherwise set forth herein.
2. PURPOSES
Pursuant to the terms of C.R.S. §§38-30.5-101 et seq , the purposes of the Easement aic
to assure that the Property will remain forever predominantly in its scenic, natural and open
space condition. subject to the uses of the Property pennitted hereunder, including but not
limited to ongoing agricultural use and uses permitted under the Land Use Approvals, to protect
and preserve the Conservation Values in perpetuity, to prevent any use of the Property that is
inconsistent with the preservation and protection of the Conservation Values and, in the event of
their degradation or destruction, to restore such Conseil anon Values The primacy purpose of
this Easement is to first and Mremost preserve, protect. and enhance where possible the natural
wildlife habitat of the Property. Secondly, the purpose is to preserve and protect the agricultural
and ranching potential and scenic open space of the Property (This paragraph collectively
defines the "Purposes.")
3. IN FEN]
The intent of the Parties is to permit all uses of the Propeny that are consistent with the
Purposes of (Ins Easement as determined by Grantee in its sole discretion. Nothing in this
Easement is intended to compel a specific use of the Property other than the preservation and
protection of the Conservation Values, and it is the Parties' intent that the terms of the Easement
permit Grantor to achieve all of the entitlements set forth In the Land Use Approvals.
4. BASELINE DOCUMENTATION
Grantee and Grantor acknowledge that a Baseline Documentation of the Conservation
Values and relevant features of the Property has been prepared on October 4, 2010 and updated
tn 2015 and 2038 by Colorado Wildlife Science LLC, a company familiar with conservation
easements, the Property, and the environs, and is on file with the Parties. The Parties
acknowledge and agree that by the execution of this Easement, they hereby approve,
7
acknowledge, and accept the Baseline Documentation as an accurate representation of the
condition 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 present
condition of the Property should a controversy arise.
5. RIGHTS OF GRANTEE
Grantee shall be responsible for annual monitoring visits to the Property, maintenance of
baseline information and stewardship files. and receiving Grantor notices and requests for
approval under the Easement, which notices and requests shall he reviewed by Grantee
Notwithstanding the forgoing, Grantor conveys the following additional rights to Grantee in
support of the Purposes of this Easement.
5.1. The right to preserve and protect the Consery ation Values m perpetuity;
5.2. The right of Grantee to enter upon the Property once annually at a reasonable time
agreed to mutually by Grantor and Grantee, or atter five days if Grantor fails to respond
to advance notice from Grantee to Grantor, to inspect the Property thoroughly, to monitor
Grantor's compliance with, and otherwise enforce the terms of this Easement: provided
that such entry shall not unreasonably interfere with Grantor's use and quiet enjoyment of
the Property, with the exception that no such notice shall he required and more than one
annual visit shall be permitted in the event Grantee reasonably believes that immediate
entry upon the Property is essential to prevent or mitigate a violation of the Easement,
and provided, further, that such inspections shall he conducted only by staff members of
Pitkin County's Open Space and Trails department.
5,3. The right, as an interest owner in the Property (as stipulated in Section 14.3
herein), to prevent or enjoin Grantor or third parties (whether or not invitees of Grantor)
from conducting any activity on or use of the Property that is inconsistent with the
Purposes or the Easement; and the right to require Grantor or third parties, as may he
responsible, to restore such areas or features of the Property that are damaged by any
inconsistent activity or use, sub;e„t to the qualifications of Section 13.5 herein;
5,4. Any other rights that the Parties may approve consistent with the Purposes of the
Easement, including adding additional purposes or defining additional Conservation
Values; and
5.5. The right to be recognised as an owner in the interest of the Property represented
by this Easement (as stipulated in Section 143 herein), and therefore to receive
notifcsaon from and join Grantor as a party to any leases, surface use agreements,
damage agreements or rights-of-way that may be proposed, granted or required hereafter
as a result of condemnation or eminent domain proceedings, or for the purpose of
exploring for or extracting minerals on or below the Property.
6. RIGIHI S OF GRANTOR
K
Except as limited by this Easement, Grantor reserves to itself and to its personal
representatives, heirs, successors, and assigns, all rights and obligations accruing from its
ownership of the Property, including the right to engage in activities and uses of the Property not
prohibited herein that are not inconsistent with the preservation and protection of the
Conservation Values, pursuant to IRC §170(h)(3)and C R.S §38-30.5-102. The Parties stipulate
that the Land Use Approvals are consistent with the preservation and protection of the
Conservation Values
7. PROHIBITED,PERMITTED AND REQUIRED USES
The following uses and practices by Grantor, though not an exhaustive recital, are either
prohibited or permitted by this Easement, or required to be conducted by this Easement,
however, nothing in this Easement constitutes approval by any government or other permitting
agency for building, construction, development or land use, and Grantor recognizes that certain
uses or improvements described as consistent with or permitted by this Easement may require
further permitting and approval from Pitkin County or other federal, state and local agencies.
Certain indicated uses may require notice to or approval from Grantee, according to Sections 10
and II herein, and Grantee's may approve additional uses not expressly described in this
Easement upon Grantor's request according to the same procedure, provided such uses are
consistent with the Purposes of this Easement Any future or proposed amendments to the Land
Use Approvals or other separate agreements affecting the Property (as opposed to the Activity
Envelopes) entered into subsequent to this grant must also be consistent and comply with the
Purposes and terms of this Easement.
7.1. Development Rights. Grantor hereby grants to Grantee all development rights.
including the construction, location, improvement, or replacement of any
"improvements" (defined as buildings, structures, mobile homes or other physical,
human-introduced development of the Property, including landscaping, fences, wells.
roads, septic systems, utilities, etc ) associated with the Property in perpetuity for the
limited purpose of ensuring that such development rights are forever terminated and
extinguished as to Grantor, and may not be used on or transferred off of the Property by
Grantor or Grantee or any other party, or used as a credit for density of development
anywhere by any party, except for the particular development rights expressly reserved
by Grantor in Section 7.2 and 7 3 and also those rights set forth in the Land Use
Approvals, and except for those Transferable Development Rights ("TDRs") allocated to
the Property by the Land Use Approvals and BOCC Ordinance 06-2010 recorded in the
Pitkin County records at Reception No. 570415. Notwithstanding the above, Grantor also
retains the right to further reduce or diminish existing development rights or Land Use
Approvals on the Property in exchange for monetary or tax benefits, or additional TDRs.
or any combination thereof with Pitkin County's sole approval
7.2. Buildings and Improvements. The construction, location. improvement, or
replacement of any improvements (defined above) are prohibited on the Property, except
9
for those in existence at the time of this grant, or permitted by either the Land Use
Approvals or easements and rights-of-way in existence prior to this grant and as follows:
A Activity Envelopes In addition to three pond landscape envelopes, there arc
three primary activity envelopes that continue on the Property: Activity Envelope 1,
consisting of 3.650 acres; Activity Envelope 2 consisting of 3.066 acres; and
Activity Envelope 3 consisting of 2.117 acres Collectively, the Activity Envelopes
total 8 863 acres, and are legally described and shown on Exhibit B. Grantor may
engage in all non-industrial uses then permitted by the Land Use Approvals, Pitkin
County Regulations and all other applicable laws (as defined in Section 21.1 and
referred to hereafter as "Applicable Laws"), including but not limited to landscaping,
grading, and construction, and the right construct, locale. rebuild, remodel. relocate,
maintain and enlarge structures and improvements as follows
a. Residences. Residential dwellings and associated Accessory Dwelling I Inns
and'or Caretaker Dwelling Units, as then defined by Pitkin County are permitted
inside the Activity Envelope as allowed or permitted by Pitkin County.
h .4ccesson.Structures and hnprorenrents. Agricultural and accessory structures
(such as sheds, barns, greenhouses and garages) are permitted within the Activity
Envelopes together with all improvements allowed or permitted by Pitkin County
(including but not limited to utility lines, septic systems, fences, corrals, picnic
areas, ponds, landscaping and driveways).
B. Agricultural Buildings. In addition to any improvements within Activity
Envelopes. Grantor has the right to construct and use up to four permanent run-in or
loafing sheds for horses or livestock in the pasture areas outside of the Activity
Envelopes. The combined footprint of all such sheds outside of the Activity
Envelopes shall not exceed 1,200 square feet total. Such sheds shall be unenclosed
(i.e , having a maximum of three walls), and shall not have excavated, raised or slab
foundations Additional portable sheds nut to exceed 300 square feet each that
comply with the standards above may he installed in the pastures outside the Activity
Envelopes. Greenhouses may be constructed on the Property outside Me Acux ity
Envelopes subject to Grantee's approval
C Spoil Site. A Spoils Envelope, as shown on Exhibit B herein, may be used for
construction staging and temporary- storage of excavated and other road construction
materials during the period of road or building construction, and shall be restored to
as close to its prior condition as possible, or in accordance with a restoration plan
approved by Pitkin County.
D Fencing Grantor may replace, repair or improve existing fences on the Property
and erect new fencing provided such new or replaced fencing is consistent with then-
current Colorado Parks and Wildlife ("CPW") guidelines for fencing in a wildlife
migration area and any applicable county icgulautms, so as to pennit the movement
10
of wildlife across the Property Any disturbance to the Property that results from such
fence maintenance or construction shall be reseeded and restored to as close to its
prior condition as possible, or in accordance with a restoration plan approved by
Pitkin County.
E. Roads, Bridges, Driveways and Trails. The existing access road on and to the
Property may be maintained, graded, graveled and othenvise improved to the extent
permitted by Pitkin County to access the Activity Envelopes in the approximate
location shown on Exhibit B herein. In addition, Grantor may construct and maintain
one additional access road or driveway from West Sopris Creek Road to the Activity
Envelopes in a location and of a type and size approved by Pitkin County (shown on
Exhibit B). Landscaping and planting of trees is permitted along these roadways or
within any appurtenant road easements upon Grantee's determination that such
landscaping does not disrupt scenic views of the Property from West Soprts Creek
Road Grantor may also construct water crossings across Dry Creek and Monique's
Gulch using bridges or culverts, or both, as necessary to permitted uses of the
Property. The construction of or granting of easements or rights-of-way for additional
roads, driveways or water crossings are allowed with approval of Grantee.
Development of new trails for non-motorized recreational use and new trails or ranch
roads for agricultural purposes is permitted only in locations approved by Grantee.
Improved recreational trails or courses for dirt bikes or ATVs are prohibited
F Recreational Structures Low-impact (as defined in Section 20 1) and temporary
recreational structures, such as picnic tables, a gazebo without a permanent
foundation, benches, tents, fire pits. and equestrian obstacles are permitted on the
Property in locations and to a manner not damaging to the Conservation Values
G. Utilities, Energy Generation, and Other Technology. The installation of or
granting of easements and rights-of-way for utility lines and pipelines. or both, across
the Property is permitted as necessary to service the Acui ity Envelopes or connect to
the grid, and for agricultural uses on the Property, or as may be otherwise approved
by Grantee In addition.
a Water wells, pumps, and water storage tanks for domestic, agricultural or
wildlife use of the Property or Activity Envelopes, or both, are permitted.
h Low-impact (defined in Section 20.1) utilities or technology that are not
connected to the power grid (such as fence-mounted solar panels or low-profile
wind turbines to power water pumps) may he located on the Property or attached
to permitted agricultural structures.
c. Grantor may locate one wind power generator for use on the Property in a
location and of a type approved by Pitkin County Additional wind, solar, and
It
micro-hydro powered electric generators or other energy-generating structures or
technologies that are connected to the power grid or have more than low impact to
the Property, as defined in Section 20.1, require approval of Grantee.
Grantor shall promptly reseed and restore any surface impacts that result from the
installation or maintenance of any utilities or infrastructure on the Propeny to as close
to the Property's original condition as possible as set forth in the Land Use
Approvals.
7.3. Resource Management and Use, Grantor recognizes the importance of good
resource management and stewardship to preserve and protect the Conservation Values.
Accordingly, Grantor agrees not to aper the topography of the Property through
placement or removal of soil, gravel, land fill, or other materials nor to impair the
relatitsly natural habitat for native plants, wildlife, or similar ecosystems within and
upon the Property. except: (1) as necessary in emergencies, including for fire control and
prevention: (2) as approved by Grantee and any required permitting agencies for habitat
enhancement or restoration purposes; (3) as specifically permitted for improvements
described in Section 7.2 above: (4) as necessary for burial of livestock and pets in
accordance with applicable regulations; and 15) as necessary tor the uses described
below.
A. Agriculture. Grantor retains the tight and accepts the obligation to conduct
agricultural operations on the Property, and the right to lease lands with appurtenant
Water Rights for agriculture in a manner consistent with sound farming and range
management practices so as not to cause significant soil erosion or low soil quality as
then-determined by the Natural Resource Conservation Service or its successor
( 'NRCS"), or other then-appropriate entities. Agricultural operations may be
conducted by Grantor itself or by one or more lessees or operators who use lands
within the Property for agricultural operations. Permitted agricultural operations
("Permitted Agricultural Operations') include, but are not limited to grazing and
raising of livestock and horses, maintenance and irrigation of pasturelands, cultivation
of land and raising of hay and crops, raising or farming of fish, chickens or fowl in a
manner approved by all appropriate regulatory agencies. establishing greenhouse
operations and all other agricultural, ranching and farming activities not inconsistent
with protection of the long-tern ecological viability of the land and consistent with
the preservation, protection and where possible, the enhancement of wildlife habitat
on the Property, as the primary Purpose of this Easement.
Commercial feed lots, defined as confined areas or facilities within which the
Property is not grazed or cropped annually, and which are used and maintained for
purposes of extended feeding and finishing of large numbers of livestock for
commercial sale or production, are prohibited. though temporary enclosure and
feeding of livestock within corrals for short periods in a manner consistent with the
Purposes of this Easement is permitted. Other intensive agricultural uses of the
Property that may change the character or quality of the land, such as commercial tree
12
or sod farming, or commercial equestrian operations (except as approved by the Land
Use Approvals) require approval of Grantee and may be required to follow a ranch
management plan approved by Grantee, which approval may include restrictions on
the extent and location of the proposed use in order to protect the overall Purposes of
this Easement.
Subject to seasonal, climatic and other conditions beyond Grantor's control,
and in accord with Section 12.2 below, Grantor shall use reasonable efforts to ensure
that agricultural practices and operations arc conducted on the Property. In this
regard, Grantor. directly or through an operator or operators responsible to Grantor,
shall engage in "Productive Agricultural Uses," defined as a reasonable level of any
of the Permitted Agricultural Operations described above considering and within the
reasonable agricultural capacity of the Property and/or utilization of water rights
appurtenant to the Property decreed for agricultural or irrigation purposes in a manner
that does not jeopardize the legal existence of such rights and does not over
overstretch the facilities of the Property nor impair the primary Purpose of this
Easement If, notwithstanding Grantor's reasonable efforts to conduct agricultural
operations, agricultural operations are suspended for a period exceeding six (6)
months during the typical ranching/growing season, Grantee shall have the option to
exercise the rights set forth in Section 12.2 below
Grantor and Grantee agree and acknowledge that changed climactic,
economic, or other circumstances may result in the continuation of agricultural
operations on the Property becoming impracticable or impractical for a period
exceeding six (6) months. Accordingly, if Grantee, in the course of conducting
monitoring of the Property in accordance with Section 5, believes that Grantor is in
violation of the cotenant to conduct agricultural operations because Grantee believes
that agricultural operations have been suspended for a period exceeding six (6)
months without the consent of Grantee (an "Agricultural Covenant Violation"),
Grantee shall provide written notice to Grantor stating that Grantee believes that an
Agricultural Covenant Violation has occurred ("Notice of Agricultural Covenant
Violation") Grantor shall have a period of six (6) months after receipt of the Notice
of Agricultural Violation to respond to and/or cure the Agricultural Covenant
Violation by demonstrating to Grantee's reasonable satisfaction that either (i) no
Agricultural Covenant Violation has occurred (e g , because agricultural operations
have not been suspended for a period exceeding six (6) months); or (ii) that
agricultural operations, if they were suspended for a period exceeding six (6) months,
have resumed If Grantor cures the Agricultural Covenant Violation, Grantee shall
send notice to Grantor withdrawing the Notice of Agricultural Covenant Violation If
Grantor fails to cure the Agricultural Covenant Violation within six (6) months after
receipt of a Notice of Agricultural Covenant Violation, Grantor may request a
suspension of agricultural operations for a period of time, not to exceed two (2)
calendar years, in a written notice to Grantee (a "Request for Extended Suspension
of Agricultural Operations"), which shall be provided to Grantee in the manner set
13
forth below The Request for Extended Suspension of Agricultural Operations shall
describe with reasonable specificity the circumstances that Grantor believes
necessitate an extended suspension of agricultural operations. In response to a
Request for Extended Suspension of Agricultural Operations, Grantee may at the sole
discretion of Grantee, agree to a suspension of agricultural operations or, in the
alternative, have the option to exercise the rights set forth in Section 12 2 below.
Grantee shall not unreasonably withhold such consent. Upon expiration of any
approved period during which agricultural operations have been suspended, Grantor
may make an additional Request for Extended Suspension of Agricultural Operations
upon the same terms defined herein. During any such time as agricultural operations
are suspended, at the request of Grantee, Grantor shall take reasonable measures
necessary to maintain the existing ground cover so as to reasonably minimize the
spread of noxious weeds.
Notwithstanding the foregoing, if agricultural operations arc suspended
Grantor agrees to use reasonable efforts to cause agricultural operations to resume as
promptly as reasonably possible in a manner consistent with protection of the primary
Purpose of this Easement, which is to preserve, protect, and enhance where possible
the natural wildlife habitat of the Property
B Off-Road Vehicle Use Grantor's private use of off-road vehicles is permitted as
necessary for property maintenance, agriculture and range management in a manner
that does not result in erosion of or significant compaction to the Property's soils,
harassment of wildlife, or damage to the natural vegetation or sensitive ecosystems or
of the Property. Commercial and pm ate recreational or public use of off-road
vehicles is prohibited on the Property:
C. Hunting and Fishing. Hunting, fishing and the leasing of hunting rights on the
Property may be permitted or prohibited at Grantor's discretion and according to
Colorado Division of Wildlife and other applicable federal, state and local laws and
regulations;
D Harassment of Wildlife: Harassment of wildlife on the Property by any means is
prohibited. including as a result of failure to control or restrain dogs;
E Trash Grantor shall not accumulate or dispose of trash, garbage, or other
hazardous or unsightly refuse on the Property, except for non-toxic compostablc
matter produced or used on the Property;
F Forest and Vegetation Management. Selective cutting, thinning or burning (see
forestry definitions in Section 20.11 of trees and native vegetation is permitted on the
Property to control insects, fire or fire danger and disease; to prevent personal injury
and property damage; for domestic and agricultural uses on the Property such as
firewood collection and construction of permitted structures or fences, or to otherwise
maintain the character and health of the wildlife habitat or ecosystem. Replacement of
14
trees ander reforestation with native vegetation is permitted. Grantee's approval is
required for clear cutting of trees or for commercial timber harvesting, which
activities shall be guided by a forest management plan prepared by a qualified expert
satisfactory to Grantee;
G. Weed Control Grantor agrees to control noxious weeds and invasive plant
species on the Property in accordance with applicable federal, state and local laws and
regulations, and shall not intentionally introduce noxious weeds or other invasive
species to the Property;
H Minerals. Surface mining is prohibited on the Property Because, at the time of
granting the Easement. Grantor owns only a portion of the mineral rights associated
with the Property, a mineral remoteness letter, finding that the likelihood of surface
mining on the Property is so remote as to be negligible, was prepared by Rare Earth
Science LLC on July I, 2010.
Grantor shall not lease, sever or separate Grantor's portion of mineral rights from
the Properly, nor explore for, develop, mine or otherwise extract any minerals (which
may include, but are not limited to, coal, peat, sand, gravel, rock, soil, gee-thermal
resources, oil, oil shale, natural gas or other hydrocarbons) from on or below the
surface of the Property, except as required by third party owners or partial-interest
holders of mineral rights associated oath the Property. Grantor may lease to a third
party the right to explore for and extract minerals from below the surface of the
Property mils in a manner that is temporary and reclaimable and otherwise consistent
with the meaning, provisions. and terms of IRC §170(h) and §1.170A-14(g) of the
Treasure Regulations, and may enter into surface use agreements, non-surface use
agreements, damage agreements and other related agreements (collectively hereafter
"surface use agreements") necessary to honor third party rights to mineral
development, and to control resulting impacts to and restoration of the surface of the
Property. Any oil and gas leases or surface use agreements required and entered into
by Grantor shall be consistent with the following terms:
a, Future Oil and Gas Agreements. Grantor shall incorporate this Easement by
reference and summarize the Conservation Values in any and all future oil and
gas leases and surface use agreements affecting the Property to which Grantor is
required to participate, w hicb leases and agreements shall he subordinate to this
Easement to the degree legally possible Pursuant to Section 5.5 herein. Grantee
shall be noticed and have the same legal rights as Grantor to influence and control
impacts to the surface of the Properly from mineral development by third party
owners or lessors of the mineral rights associated with the Property, but shall
claim no rights to proceeds or royalties from such mineral development on the
Property Grantee's rights shall include, but not be limited to. the right to take
whatever legal action Grantee deem necessary in order to respond to proposals to
develop oil, gas, and other minerals from beneath the Property, including bringing
judicial or administrative actions. Grantor retains sole execution authority of ans
15
required leases and agreements. and shall ensure that the surface use agreements
require that the impacted site shall be recontoured, revegetated, and restored.
h, Current Oil and Gas Leases there are no current or active oil and gas or
other mineral leases on or affecting the Property at this time
I. Water Resources, Grantor shall not manipulate, divert. dam, pollute, drain,
dredge, or otherwise alter Dry Creek or other naturally-occurring streams, springs,
lakes, ponds, designated wetlands or other surface or subsurface water features on the
Property in a manner that degrades or destabilizes their natural banks or shorelines;
except that Grantor may take appropriate measures to restore Dry Creek, or to
conduct wetlands expansion, develop ponds within naturally-occurring drainages and
along historic irrigation ditches. augmentation or banking. or both, as such activities
may he approved by Pitkin County or other required permitting agencies.
The installation. maintenance, improvement and replacement of irrigation ditches,
pipelines, structures and related equipment, and/or of stock ponds or water features
for enhancement of wildlife habitat or agricultural use of the Property, or both, is
permitted in compliance with all applicable regulations. Installation of ponds or
ater features for other purposes must he approved by Pitkin County. Soil, sand, rock
and gravel produced during the excavation or construction of permitted ditches or
ponds may be used or relocated on the Property or to the Activity Envelopes in a
manner that does not damage the Conservation Values;
J. Water Rights Pursuant to Colorado Revised Statutes §3g-30.5 -102, the Parties
agree that it is reasonable that all water rights beneficially used on the Property for
farming, ranching and conservation purposes, as described in Exhibit C, excluding
well rights and those water rights currently decreed or decreed or developed in the
future for residential uses on the Property or for use within the Activity Envelopes,
are encumbered by this Easement ("Water Rights"). Grantor shall retain and resene
the right to use any and all water and watcr rights beneficially used on the Property
and all ditches, headgates, springs, reservoirs. water allotments, water shares and
stock certificates, contracts, casements and rights of way associated therewith for use
in present agricultural production and for all other decreed uses on the Property.
alternative energy facilities as permitted in Section 7 2 F(c), or for other lawful uses
sufficient to maintain the Consenation Values of the Property Grantor shall retain
and reserve the right to use the Water Rights and shall not transfer, lease, sell,
abandon, or otherwise separate the Water Rights from title to the Property itself,
pros ided that Grantor may, with Grantees' approval, transfer, lease for short term, or
loan, such portion of the Water Rights that Grantor demonstrates to Grantee's
reasonable satisfaction are no longer necessary for present agricultural production on
the Property and that the Water Rights remaining on the Property are sufficient to
maintain the Property's Conservation Values. Such approval will be gik en by Grantee
only upon demonstration of a lack of present and future need of a portion of the
Water Rights for agricultural production and the use of a statutorily recognized short
16
term lease, agricultural loan or use of a trust agreement with the Colorado Water
Conservation Board or any other entity which may he authorized to hold such lease,
loan, or trust to augment minimum stream flows in the Roaring Fork River basin
rivers and streams All of these vehicles or any other proposed loan or lease must be
capable of ultimately restoring the Water Rights to use on the property. Grantee will
assist Grantor with such permitted water leases or loans upon the request of the
Grantor
Restrictions on Use of Water Rights The Water Rights may not. (I) be changed
to or used for municipal, industrial, or commercial uses, provided that the Water
Rights may be changed for uses on the Property for all permitted agricultural
operations, including piscatorial, (2) be changed for use other than on the Property;
(3) be sold or legally separated from the Property, except upon receipt of Grantee's
written determination that such changes are consistent with the Purposes and terms of
this Easement. Provided items (1), (2) and (3) referenced above are adhered to,
Grantor may further secure, protect, expand and modify Water Rights as needed,
however only those Water Rights described in Exhibit C and the previous paragraph
shall be restricted under the terms of this Section.
Abandonment of Water Rights If Grantor fails to maintain the historic use of the
Water Rights in such a way as the Water Rights would be subject to a threat of
abandonment by action or inaction, Grantor shall provide Grantee a copy of any
written notice received from any state water official concerning the use, or possible
abandonment, of the Water Rights If Grantee determines that the Water Rights are
subject to a threat of abandonment, Grantee shall give Grantor written notice of such
threat If, and only if, Grantor fails to take action to cure the threat of abandonment
within 90 days of receiving such notice from Grantee or state water official, Grantee
shall, in addition to any other remedies available to Grantee under this Easement or
law, have the right, but not the obligation, to. (1) enter upon the Property and
undertake actions reasonably necessary to continue the historical use of the Water
Rights; (2) seek removal of the Water Rights from the decennial abandonment list;
(3) seek to change the Water Rights to another use consistent with the terms of this
Easement; and/or (41 sell, lease or otherwise convey all or part of such Water Rights
to the Colorado Water Conservation Board or other then-qualified entity for the
specific conservation purpose of protecting or enhancing instream flows or water
levels in streams, rivers, lakes and.or resenvotrs Grantor agrees to cooperate in any
manner necessary to accomplish Grantee's election,
Effect of Loss. No loss of Water Rights through injury or abandonment, or
conversion of the Water Rights as set forth above, shall be considered a severance of
the title to the Water Rights from the Property for federal or state tax or other
purposes, or as basis for extinguishment of this Easement
J Uses Allowed Under a CD-PUD (Conservation Development-PUD). Uses and
special review uses allowed under a CD-PUD as referenced in the 2006 Land Use
17
Code, as amended. are permitted under this Easement at the sole discretion of Pekin
County, provided those uses are consistent with the terms or Purposes of this
Easement,and have received any necessary permits.
7.4. Other Restricted Uses and Practices.
A Subdivision and Ownership. Grantor may not divide, subdivide or otherwise
partition (including de facto subdivision) the Property into more than one parcel of
land, or encumber by deed of trust less than the entirety of the Property. At all times
the Property shall he owned and conveyed as a single parcel that shall be subject to
the terms and conditions of this Easement. Ownership of the single parcel by an
entity, trust, one tenancy or tenancy in common is permitted; however. Grantor shall
not undertake any legal proceeding to partition. condommiumize, subdivide or divide
in any manner such undivided interests in the single parcel;
B. Commercial and Industrial Activities. Grantor shall not conduct industrial activity
or any more than de mintnti.c commercial recreational activity on the Property
pursuant to [RC 2031(cl. Commercial activities may be permitted on the Property in
a manner consistent with the Purposes and terms of this Easement. or as otherwise
appromed by Grantee Without limiting the generality of the forgoing, boarding of
horses is permitted on the Property;
C. Recreation Non-motorized recreational uses such as hiking, horseback riding,
mountain biking, cross-country skiing, hunting. fishing and camping are permitted on
the Property. All-terrain vehicles, motorbikes, and snowmobiles may be used for
agricultural operations in accordance u rth Section 7 3.B, Of-Road ['dude CLre.
R. PUBLIC ACCESS
By terms of this Easement, Grantor does not afford the public any more than visual
access to any portion of the Property, except that Grantor may permit, in its sole discretion,
additional public access to the Property on such terms and conditions as it deems appropriate,
provided that such access is not inconsistent with the terms of this Easement. Grantor must
provide indemnity to Grantee for any public access to and use of the Property. Public access as
required by Pitkin County BOCC Resolution 17-2009 is deemed consistent with the Purposes of
this Easement
9. REPRES1NTA PIONS AND w ARRANT IES
Grantor represents and wan rants that, to the best of its knowledge:
In
9.1. Except for fuels customarily used or transported in connection with agricultural
and construction activities; no substance defined, listed, or otherwise classified pursuant
to any federal, state, or local law, regulation, of requirement as hazardous, toxic,
polluting, or otherwise or threatening to human health or the environment exists or has
been used or released on the Property;
9.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks hate been removed from the Property in a manner not in
compliance with applicable laws, regulations, and requirements;
9.3. Grantor and the Property are in compliance with all federal, state, and local laws,
regulations, and requirements applicable to the Property and its use and there is no
existing, pending or threatened litigation in any way affecting, involving, or relating to
the Property;
9.4. Grantor has good and sufficient title to the Property and has lawful authority to
grant and convey the Easement; that any parties holding mortgages or hens on the
Property consent to the terms of this Easement as a perpetual encumbrance on the
Property enforceable in perpetuity by Grantee; and that Grantor shall warrant and fhrc\er
defend the title to the Easement against all and every person or persons lawfully claiming
by, through or under Grantor, the whole or any part thereof. except for rights-of-way,
easements, restrictions, covenants and mineral reservations of record
10. NOTICE OF INTENTION 10 UNDERTAKE.CERTAIN PERMITTED ACTIONS
the purpose of requiring Grantor w notify Grantee before undertaking certain activities
ur uses, as identified in Section 7 or elsewhere herein, is to afford Grantee an opportunity to
update its records and, it'approval is required pursuant to Section t I below, to ensure that the
activities or uses in question are not inconsistent with the terms of this Easement Grantor shall
also notice Grantee and seek its appros al, pursuant to Section 11 below, for proposed activities
or uses when there is a question as to consistency with the preservation and protection of the
Conservation Values Whenever notice and Grantee's approval are required, Grantor shall notify
Grantee in writing not less than 60 days prior to the date Grantor intends to undertake the activity
or use in question, unless this Easement provides otherwise. and describe the nature, scope,
design, location, timetable, and any other material aspect of the proposed activity or use in
sufficient detail to permit Grantee to make an informed judgment as to the activity or use's
consistency with the terms of this Easement and the preservation and protection of the
Conservation Values. Advance notice shall nor he required by Grantee of the date that approved
construction activities commence, since notice of such activities is deemed to have been given
when Grantor applied for des elopment approvals as set forth in the Land Use Approvals.
1l.
GRANTEE'S APPRO\ \I.
19
Whenever this Easement requires that Grantor obtain Grantee's approval for any activity
or use of the Property, or if Grantor desires approval for any activity or use of the Property not
specifically addressed herein that is not clearly consistent with the Purposes of the Easement (as
described in Section 2 herein), such approval shall he given in Grantee's sole discretion
according to Grantee's determination that such actit itis or use of the Property is consistent with
the Purposes of the Easement, the burden of proof for which lies with Grantor. Grantee may
withhold approval only if it determines, in its sole discretion, that the action as proposed would
he inconsistent with the Purposes or terms of this Easement Grantee shall set forth its
determination. Including the reason(s) for such determination, in writing to Grantor within 30
days of receipt of Grantor's written notice of and request for approval (as described in Section
10, above). Where a modification of the proposed use or activity by Grantor would render it
consistent with the Purposes of the Easement, and thereftxe permissible.Grantee may specify. in
such written notice to Grantor, such modifications to render approval appropriate.
12. GRANTEE'S REMEDIES: ENFORCEMENT
Grantee shall have the right to prevent and correct or require correction of violations of
the terms and Purposes of this Easement. Monitoring for and enforcement of potential violations
of the Land Use Approvals or other agreements outside the terms of this Easement that may
affect the Property non or in the future are the responsibility of Pitkin County Or that entity that
is a party to the respective agreement
If Grantee finds what it believes is a violation, or a threat of a violation of the terms of
this Easement, it shall immediatels notify Grantor of the nature of the alleged violation. Upon
receipt of this notice. Grantor shall immediately discontinue any activity that could increase or
expand the alleged violation and shall either (I1 restore the Property within 60 days as Is best
possible to its condition prior to the violation in accordance with a plan approved by Grantee, or
if immediate restoration is not possible, Grantor shall submit such plan to Grantee within 60
days, or (2) provide a written explanation to Grantee of the reason why the alleged violation
should be permitted If Grantee is not satisfied with Grantor's written explanation, the Parties
agree to meet as soon as possible to resolve this difference. If a resolution of this difference
cannot be achieved at the meeting. the Parties agree to attempt to resolve the dispute pursuant to
Section 12.1 below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation while the Parties are attempting to resolve the
alleged violation, or if Grantee believes an ongoing, imminent, or threatened actn ity violates the
Easement. Grantee may lake Immediate, appropriate legal action to stop the activity without
prior notice to Grantor, without waiting for the period provided for cure to expire, and without
waiting for the 60-day mediation period to expire. Grantee may act according to the following
paragraph to bring an action at law or in equib, ex parte as necessary, in a court of jurisdiction to
enforce the terms of this Easement and to enjoin by temporary or permanent injunction a
violation, which may require restoration of the Property to the condition that existed prior to the
20
violation. Grantee's remedies described herein shall be in addition to all remedies now or
hereafter existing at law or in equity, and shall include, without limitation, the right to recover
damages for violation of the terms of this Easement or injury to the Conservation Values
including damages for the loss of scenic, aesthetic, or environmental values. Without limiting
Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to
the cost of undertaking any restorative, remedial, corrective action on the Property.
Enforcement of the terms of this Easement shall he at the sole discretion of Grantee. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver. The failure of Grantee to discover
a violation or to take immediate legal action shall not bar Grantee from doing so in the future
All reasonable costs incurred by Grantee in enforcing a violation of the terms of this
Easement according to the process described above in this Section 12, including, without
limitation, costs and expenses of pursuing legal action and related reasonable attorney's fees in
the event Grantor does not immediately cease an activity that could increase or expand an
alleged violation while the Parties are attempting to resolve the alleged violation; in the event
Grantee believes an ongoing, imminent, or threatened activity violates the Easement and take
immediate, appropriate legal action; and in the event mediation fails or is refused by Grantor and
the situation requires further action to resolve; and any costs of restoration necessitated by
Grantor's violation of the terms of this Easement, shall be borne by Grantor, unless (I) Grantor
ultimately prevails in a judicial enforcement action, in which case each Party shall hear its own
costs, or (2) unless a court finds that Grantee acted in bad faith in seeking enforcement thereof,
in which case, Grantee shall pay Grantor's court-awarded costs and attorney fees.
12.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed use or activity with the terms of this Easement, and Grantor agrees not to
proceed with the use or activity pending resolution of the dispute, either Party may refer
the dispute to mediation by written request upon the other. Within 10 days of the receipt
of such request, the Parties shall select a trained and impartial mediator with experience
in casements and other land preservation tools. If the Parties are unable to agree on a
mediator, then the Parties shall each select a mediator with experience in conservation
casements and other land preservation tools, and those two mediators shall select a
mediator who shall alone mediate the dispute. Mediation shall then proceed in
accordance with the following guidelines-
A Purpose. The purpose of the mediation is to: (I) promote discussion between the
Parties, (2) assist the Parties to develop and exchange pertinent information
concerning the issues in dispute, and (3) assist the Panics to develop proposals which
will enable them to arrive at a mutually acceptable resolution of the controversy. The
mediation is not intended to result in an express or de facto modification or
amendment of the terms, conditions, or restrictions of this Easement;
B. Participation. The mediator may meet with the Parties and their counsel jointly or
21
ex parte The Parties agree that they will participate in the mediation process in good
faith and expeditiously, except in cases when Grantee believes that Conservation
Values are continuing to he harmed during the mediation process, in which case
Grantee can suspend its involvement in the mediation to remedy this threat of
ongoing violation. Representatives of the Parties with settlement authority will attend
mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of the
Parties or their respective counsel, The mediator shall not be subject to subpoena by
any Party in any subsequent litigation,
D. Time Period. Neither Party shall he obligated to continue the mediation process
beyond a period of 60 days from the date of receipt of the initial request or if the
mediator concludes that there is no reasonable likelihood that continuing mediation
will result in a mutually agreeable resolution of the dispute. The Parties shall equally
share and each hear 50°r,of the mediator's fees
12.2 Suspension of Agricultural Operations. In the event that an Agricultural
Covenant Violation occurs and such Agricultural Covenant Violation is not cured by
Grantor. as set forth in Section 7.3(A.) above, and a resolution acceptable to Grantor and
Grantee cannot be achieved at a meeting between the Parties as contemplated in Section
12 above. or pursuant to mediation conducted in accordance with Section 12.1 above.
Grantee shall have the following rights:
A. Replacement of Grantor with a Qualified Operator Should Grunior find that it
cannot, or that it does not wish to, continue agricultural operations and must cease, or
wishes to cease, agricultural operations. then Grantor shall in good faith promptly
seek to identify and retain a "Qualified Operator" (as defined below f to maintain the
present level of agricultural operations on the Property as of this time of this grant.
which consists of irrigation of pasturelands and production of either hay, grazing of
livestock. or both, on terms acceptable to Grantor. in Grantor's sole discretion, in
accordance with the other terms and conditions of the Easement and Land Use
Approvals. Grantor shall promptly use reasonable efforts, including, without
limitation, advertising, requests for proposals, and consultation with Pitkin County
and established nearby ranchers, and other similar organisations to obtain a Qualified
Operator. For purposes of this section, a "Qualified Operator" is a farmer or
rancher with knowledge, experience, and resources (including but not limited to
financial resources and appropriate and sufficient insurance acceptable to Grantor) to
conduct agricultural operations on the Property. Should Grantor be unsuccessful in
obtaining a Qualified Operator within a reasonable period — not to exceed six (6)
months — Pitkin County shall have the right to seek and obtain a Qualified Operator
subject to approval by Grantor and the conditions herein, in Grantor's sole discretion.
B. Lease with Qualified Operator If it is necessary to retain a Qualified Operator as
provided above, Grantor agrees to enter into an agriculture production lease
("Lease") with the selected Qualified Operator, on temis reasonably acceptable to
Grantor and consistent with the terms of the Easement and the Land Use Approvals,
which Lease shall provide for the Qualified Operator to be allowed such use of the
Property consisting of the land previously used for agricultural operations, permanent
improvements belonging to the Property previously used for agricultural operations
such as roads and fencing, and use of water and power resources, as may reasonably
be required to conduct agricultural operations Power resources used by the Qualified
Operator will be paid by the Qualified Operator directly to the electric utility provider
by way of an account opened by the Qualified Operator. In addition, the Lease shall
provide for a the Qualified Operator to pay rent to Grantor in an amount that Grantor
determines to be fair and reasonable consistent with then prevailing commercial
practice in the Roaring Fork Valley, and which also represents a reasonable economic
return to Grantor in light of the reasonably foreseeable impacts that such Lease would
have on the Property and Grantor's costs to maintain the Property (it being
understood that Grantor shall not be required to approve or sign any Lease, even if the
proposed rental is consistent with the then prevailing commercial practice in the
Roaring Fork Valley, if Grantor determines that Grantor would not receite a
reasonable economic return in light of the reasonably foreseeable impacts that such
Lease would have on the Property and Grantor's costs to maintain the Property). Any
Lease must bind the Qualified Operator to comply with the terms of this Easement
Prior to executing any Lease. Grantor shall make a copy of the proposed execution
version of the Lease available to Grantee for its review and approval to ensure its
consistency with the terms of this Easement, which approt al shall be deemed given
unless Grantee provides to Grantor written notice of objection within ten (10)
business days (and if objection is given, such notice shall identify the causes for any
objection and shall specify the changes to the Lease that would be acceptable to
Grantee) Agricultural operations shall resume after approval for deemed approval)
of the Lease by Grantee and execution of the Lease by Grantor and the Qualified
Operator.
13. COSTS,LIABILITIES,TAXES,AND ENS IRONMENIAL COMPLIANCE
23
13.1. Costs. Legal Requirements and Liabilities. Grantor retains all responsibilities and
obligations and shall bear all costs and liabilities of any kind related to the ownership.
operation, upkeep, and maintenance of the Property, including the payment of property
and other taxes related to the Property, and maintenance of liability insurance coverage
Grantor 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 Grantor. Nothing
in this Easement shall be construed or interpreted as prohibiting Grantor from obtaining
loans secured by deeds of trust encumbering the Property, provided any such deeds of
trust are subordinate to this Easement, and shall encumber the entire Property;
13.2. Control Nothing in this Easement shall be construed as gning rise, in the
absence of a judicial decree, to any right or ability of Grantee to exercise physical or
managerial control over the day-to-day operations of the Property, or over any of
Grantor's activities on the Property, or otherwise to become an operator with respect to
the Property within the meaning of The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended ("CERCLA"), and any Colorado
state law counterpart,
13,3. Hold Harmless Grantor shall hold harmless, indemnify and defend Grantee and
its officers, employees, agents, and contractors (collectively, the "Grantee Parties") from
and against all liabilities, including, without limitation, court awarded third-party
attorneys' fees, arising from or in any way connected with: (1) injury to or the death of
any person, or physical damage to any property, resulting from any act, omission,
condition, or other matter related to or occurring on or about the Property, regardless of
cause, unless due to the negligence or intentional act of any of the Grantee Parties; (2) the
violation or alleged iolanon of, or other failure to comply with, any state, federal, or
local law, regulation, or requirement, including, without limitation, CERCLA, by any
person other than any of the Grantee Parties, in any way affecting, involving, or relating
to the Property: (3) the presence or release of hazardous or toxic substances in, on, from,
or under the Property at any time, of any substance now or hereafter defined, listed, or
otherwise classified pursuant to any federal, state, or local law, regulation, or requirement
as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in
any way harmful or threatening to human health or the environment, unless caused
primarily by any of the Grantee Parties; (4) payment of taxes imposed upon or incurred
by the Property as a result of this Easement, including property taxes and the sale of
income tax credits acquired as a result of this Easement; (5) tax benefits or consequences
of any kind which result or do not result from entenng into this Easement, and (b) the
obligations, covenants, representations, and warranties described herein;
13.4. Waiver of Certain Defenses. Grantor waives the defenses of laches, estoppel and
prescnption with regard to the enforcement of all other terms of this Easement, and
13.5. Acts Beyond Grantor's Control Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control or from any
24
prudent action taken by Grantor under emergency conditions to prevent, abate. or
mitigate significant injury to the Property resulting from such causes Grantor is not
responsible for acts of third ponies not authorized to access the Property, but shall be
responsible for all third ponies, including guests or invitees, authorized by Grantor to
access the Property Grantee retains the right to enforce against third parties for
violations of the Easement or damage to the Property pursuant to Section 5 3 herein.
14. EVE INOUISHMENT AND CONDEMN.%I It)N
14,1. Extinguishment. The Parties agree that any changes in the economic viability of
the uses permitted or prohibited by this Easement. or changes to neighboring land and its
use shall not be deemed circumstances justifying the termination or extinguishment of the
Easement. In addition, the Inability of Grantor, or Grantor's heirs, successors or assigns,
to implement any or all of the uses permuted under this Easement shall not Impair the
validity of the Easement, or be considered grounds for termination or extinguishment of
this Easement,
If circumstances arise in the future that render the Purposes of this Easement
impossible to accomplish, the Easement can only be terminated or extinguished, in whole
or in part, by judicial proceedings in a court of competent jurisdiction after the court has
explored all options for importing other Purposes for the Easement pursuant to the cy
pros doctrine. Each Party shall promptly notify the other when it first learns of such
circumstances. The amount of the proceeds to which Grantee shall be entitled. after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Property subsequent to such termination, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with the Proceeds
paragraph below. and such proceeds shall he used by Grantee in a manner consistent with
the conservation Purposes of the original Easement contribution;
14.2. Condemnation. If all or any pan of the Property is taken by exercise of the power
of eminent domain or acquired by purchase in lieu of condemnation, whether by public.
corporate, or other authority, so as to terminate the Easement in whole or in part. Grantor
and Grantee shall act jointly to recover the full value of the interests in the Property
subject to the taking or in-lieu purchase and as damages resulting therefrom. All
expenses reasonably incurred by Grantor and Grantee in connection with the taking or in-
lieu purchase sha:l he paid out of the amount recovered. Grantee's share oldie balance of
the amount recovered shall be determined by multiplying that balance by the percentage
set forth in Proceeds paragraph below. Grantee shall not object to or participate in any
financial negotiations regarding payment of damages or compensation that may result
from such condemnation proceedings.
143 Proceeds. Grantor and Grantee stipulate that as of the date of this Easement, they
are each vested with a real property interest in the Property The Parties further stipulate
that Grantee's interest ui the Easement has a salue of seientcen percent {17°ori of the fair
25
market value of the Property from this date forward, and such percentage interest shall
remain constant in relation to any future fair market value of the Property Such
percentage interest shall be used only for determining Grantee's proportion of proceeds
from any payment of damages or action resulting from circumstances described in the
Extinguishment and Condemnation paragraphs above The Parties agree that the value of
any improvements to the Property made by Grantor after the date of this Easement is
reserved to Grantor.
IS. ASSIGNM EN I'OF EASEMENT
Grantee may, upon mutual agreement of the Parties, elect to transfer and assign its rights
and obligations under this Easement Should the Parties not agree, or if otherwise necessary or
appropriate, Grantee may elect to transfer and assign this Easement to another qualified land
conservation organization. provided that organization is: (1) willing and able to accept the
transfer; (2) a qualified organization at the time of transfer under §170(h) of the Internal Revenue
Code of 1986, as amended (or any successor provision then applicable), and its applicable
regulations; (3) authorized to acquire and hold conservation easements under Colorado law; and
(4) charged with a mission similar to that of Pitkin County Open Spacc and Trails. The Parties
hereby agree that joint assignment of the Easement, if necessary, shall be offered first to
Colorado Cattleman's Agricultural Land Trust, and secondly to Colorado Open Lands. If neither
organization meets the above criteria at the tune of assignment, Grantee shall consult with and
attempt to assign the Easement to Grantor's preferred assignee, but in the event the Parties arc
unable to agree, Grantee shall ultimately have the right to select and assign the Easement to an
organization that meets the above criteria, and to notify Grantor of its selection prior to
assignment. Furthermore, as a condition of any assignment under this paragraph, Grantee shall
require the assignee to expressly agree, in writing, to carry out and uphold the Purposes and
terms of the Easement and otherwise assume all of the obligations and liabilities of Grantee set
forth herein or created hereby. After such transfer, Grantee shall have no further obligation or
liability under this Easement Should Grantee be unable to assign the Easement according to this
procedure, a court with competent jurisdiction shall assign the Easement
16. SURSEQUENI TRANSFERS OF PROPERTI
At any time Grantor transfers the Property to a third party, including all subsequent
transfers, that party shall pay a notice fee of$100.00 to Grantee to cover administrative costs
associated with the transfer, as well as to put the third party purchaser on notice of the terms of
this Easement The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this Easement or limit its enforceability in any way
17. NOTICES
Any communication that any Party desires or is required to give to the others shall he in
writing and served personally or sent by first class mail, postage prepaid, addressed as follows or
26
to such other address as the Parties from time to time shall designate by written notice to the
others
To Grantor Deadwood Ranch I, LLC
c/o Jerrold Parker
26451 Rookery Lake Dr
Bonita Beach, FL 34134
To Grantee. Pitkin County Board of County Commissioners
c/o Pitkin County Open Space and Trails Director
530 E. Main Street, 3" Floor
Aspen, CO 81611
Phone 970-920-5232
Fax. 970 920-5198
18. RECORDATION
Grantee shall record this instrument in timely fashion in the official records of Pitkin
County, Colorado and may re-record it at any time as may be required to preserve its rights in
this Easement.
19. AMENDMENT
If circumstances arise under which an amendment to this Easement would be appropriate
to promote the Purposes of the Easement, Grantor and Grantee may jointly amend this Easement
However, Grantee is under no obligation to amend this Easement, and may decline any
amendment in its sole discretion. Any amendment must he consistent with the Purposes of the
Easement and may not affect the Easement's perpetual duration. Any amendment must he in
writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the
appropriate Colorado County Corrections to correct factual mistakes or typographical or clerical
errors may be made at the discretion of Grantee No amendment shall be permitted that will
confer a private benefit to Grantor or any other individual or entity greater than the benefit to the
general public
20. GENERAL PROVISIONS
20.1. Definitions
A. The terms "Grantor," and "Pitkin County" wherever used herein, and any
pronouns used in place of those terms, shall refer to, respectively, Grantor and its
successors and assigns,
B The terms "Easement," "conservation easement," "Deed of Conservation
Easement," and "Deed of Conservation Easement in gross" refer to the immediately
27
vested interest in real property defined by Colorado Revised Statutes ¢$38-30.5-I01
et .seq., and this legal document, consisting of the rights and restrictions enumerated
herein,by which said Easement is granted,
C The tem "low impact" or "low-impact" refers to activities or improvements
whose location, use and construction have negligible or no surface impact on the
Property and do not negatively impact the scenic views from West Sopris Creek Road
or the ecological Conservation Values:
D Forestry Terms. The term "clear cutting" refers to cutting or removal of a stand
of trees in which essentially all or most of the trees have been removed in one
operation The term "selective cutting" refers to cutting that removes only a portion
of trees in a stand, and "thinning" refers to a treatment made to reduce stand density
of trees primarily to impro'e growth, enhance forest health, or recover potential
mortality;
20.2. Controlling Law The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado.
20.3. Liberal Construction. This Easement shall be liberally construed in favor of the
grant to effect the Purposes of the Easement and the policy and purpose of C.R S. §38-
30.5-101 et seq If any provision in this instrument is found to be ambiguous. an
interpretation consistent with ensuring continuation of the purposes of the Easement and
the preservation and protection of the Conservation Values that would render the
provision valid shall be favored over any interpretation that would render it invalid The
common law rules of disfavoring restrictions on the use of real property and construing
restrictions in favor of the free and unrestricted use of real property shall not apply to
interpretations of this Easement or to disputes between the Parties concerning the
meaning of particular provisions of this Easement.
20.4. Severability If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement shall be deemed severable and remain in full force and effect;
203. Entire Agreement. This instrument, as it may be amended under Section 19. set
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, all of which are merged herein. This Easement amends and restates the
Original Easement in its entirety such that all of this Easement's terms and conditions
shall apply to the Easement, and upon its execution and recordation, this Easement shall
supersede and replace the prior Easement in its entirety, which prior Easement will have
no further force or effect,
20.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect;
20.7. Joint and Several Obligation. The obligations imposed by this Easement upon
multiple Grantors 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 their individual rights and responsibilities, including any monetary or other
obligations set forth in this Easement. Grantor shall provide a copy of such notice at any
time upon Grantee's request;
20.8. Successors The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties hereto and Grantor's
respective personal representatives, heirs, successors, transferees, and assigns, and
Grantee's successors, transferees, and assigns, and shall continue as a servitude running
in perpetuity with the Property;
20.9. Termination of Rights and Obligations. A Party's rights and obligations under this
Easement terminate upon transfer of the Party's interest in the Easement or the Property.
except that liability for acts or omissions occurring prior to transfer shall survive transfer,
20.10. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation if inconsistent with the underlying text:
20.11. Counterparts. The Parties may execute this instrument in two or more
counterparts. which shall, in the aggregate, be signed by all the Parties; each counterpart
shall be deemed an original instrument as against any Party who has signed it. In the
event of any dispanty between the counterparts produced, the recorded counterpart shall
he controlling;
20.12. Merger Unless the Parties expressly state that they intend a merger of estates or
interests to occur, no merger shall be deemed to have occurred hereunder or under any
document executed in the future affecting this Easement,
20.13. Authority to Execute Each party represents to the other that such party has full
power and authority to execute and deliver this Deed of Conservation Easement, and
perform its obligations under this Easement, that the individual executing this Easement
on behalf of said party is fully empowered and authorized to do so, and that this
Easement constitutes a ialid and legally binding obligation of said party enforceable
against said party in accordance with its terms.
[Signature Pages Follow]
29
IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of
Conservation Easement as of the date first written above
GRANTOR:
DEADWOOD RANCH I, LLC
a Flor ca limited liability company
BY dA Zl —
r Id Par'er, tanager
SIAIF OF Red-, I2,0o 1
1 ss.
COUNTY OF _Say..J..w., 1
AFF+r v�
The foregoing instrument was acknonledged before me this N day of ii , 2018, by
Jerrold Parker, as Manager of Deadwood Ranch I, LLC, a Florida limited Iia ility company, as
Grantor
WITNESS my hand and official seal.
{SEAL] -1�Ifr�
.•otar\ Public
My commission expires. Wapi-
RWITOSYIN \ a Sello (
a
\\ -‘,L§ F . 14:
It'
a
P:t . .N4,- i , .. l's. '
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30
ACCEPTED BY GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado,
a body
'corporate and politic
BY 1
Patti Clapper, Chair
STATE OF COLORADO 1
)ss.
COUNTY OF PITKIN )
The Keti'eg to o ent was a nowledged before me on this/J.1—day day ofK�YIC.
2018,by S/ . � , Chairman of the BOARD OF COUNTY
COMMISSIONE S OF P TK OUNTY, Colorado. a -odN.rporatc and politic
WITNESS my hand and official seal , - t _1'`_
[SEAL] �
Not. ] m he \\'tt. Z
My commission expires' 11 (7 V
LISA MACDONALD
Notary Public
State of Caloredo
NotarylD a 19924016269
My Commissm•r Ernes 11-18-2020
31
CONSERVATION EASEMENT EXHIBIT
PARCEL DESCRIPTION EXHIBIT A.
DEADWOOD RANCH Legal Description
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH.
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
ji
PROPERTY DESCRIPTION
PARCELS OF LAND SITUATE IN SECTION 2/AND IN THE N1/2 OF SECTION 34, roWNSHIP 8 SOUTH, RANGE 87 WEST OF
THE 6TH PM., COUNTY OF PITKIN, STATE OF COLORADO.ALL BEARINGS RELATIVE TO A BEARING OF N89°56'10"W
BETWEEN THE E1/4 CORNER OF SAID SECTION 27, A 2.5"DIA. USGLO BRASS CAP IN PLACE AND THE W1/4 CORNER OF
SAID SECTION 2/,A 2.5"DIA USG!0 BRASS CAP IN PLACE,SAID PARCELS OF I AND PREVIOUSLY DESCRIBED IN DEEDS
RECORDED IN RECEPTION NO.'s 583857 AND 583864, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID EAST 1/4 CORNER OF SECTION 27; THENCE 500°0222"E 2638.75 FEET TO THE SOUTHEAST
CORNER OF MIDSECTION 27,A USGLO BRASS CAP IN PLACE, THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
N89"57'29"W 961.56 FEET TO A POINT ON THE EAST LINE OFA PARCEL OF LAND DESCRIBED AS PARCEL B, PARCEL 2
AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN RECEPTION NO. 583857; THENCE ALONG SAID PARCEL OF
LAND THE FOLLOWING SIX(6)COURSES:
1.) 505°49106"E 111.58 FEET;
2.) 55720'36"W 26760 FEET;
ti 3) S48°17'21"W 58.97 FEET;
4.) N64°38'06"W 98.69 FEET;
5.) 501°35100"E 1066.03 FEET;
6 N89°55'24"W 38.19 FEET; THENCE DEPARTING SAID PARCEL OF LAND N89°57'01"W 287.32 FEET TO A POINT
ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED AS PARCEL B, PARCEL 1 AS DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED IN RECEPTION NO. 583857, THENCE ALONG SAID PARCEL OF LAND THE
FOI LOWING THREE(3)COURSES:
1.) S26°31'18"W 64.46 FEET
ti 2.) 588°34'02"W 546.22 FEET;
3.) N53°05'53"E 119.28 FEET, THENCE DEPARTING SAIL)PARCEL OF LAND 589'57'12"W 548.96 FEET TO THE
CENTER NORTH 1/16 CORNER OF SAID SECTION 34, REBAR AND CAP I S NO. 14111 IN PLACE; THENCE
N00"0840"W ALONG THE NORTH SOUTH CENTERLINE OF SAID SECTION 34 A DISTANCE OF 724.67 FEET II
TO A POINT ON THE SOUTH LINE OF TRACT 75; THENCE 581°09'04"E ALONG SAID SOUTH LINE 137.68
FEET TO ANGLE POINT NO. 4 OF TRACT 75, A 3 1/4"DIA.ALUMINUM CAP L5 NO. 28036 IN PLACE;
i1 THENCE NOO°09'36"£1329,53 FEET TO ANGLE POINT NO S OF TRACT 75,A 2%"DIA. USGLO BRASS CAP
IN PLACE; THENCE S89"13'59'W 1319.29 FEET TO ANGLE POINT NO 3 OF TRACT 74,A 2 11 "DIA, USGLO
BRASS CAP IN PLACE, THENCE NOE013'49"W 2621.91 FEET TO ANGLE POINT NO. 2 OF TRACT 74,A 2 W'
DIA. USGLO BRASS CAP IN PLACE; THENCE 588°53'13"W ALONG THE NORTH LINE OF SAID TRACT 75 A
DISTANCE OF 789.88 FEET, THENCE DEPARTING SAID NORTHERLY LINE N00"04'24"W 803.48 FEET
THENCE 589'38'01"E 1979.00 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 27,
THENCE 500'00'04"W ALONG SAID NORTH-SOUTH CENTERLINE 138.22 FEET TO THE CENTER NORTH 1/16
CORNER SAID SECTION 27, THENCE S89°5804"E 2634.43 FEET TO THE NORD 11/16 CORNER BETWEEN
SAID SECTION 27 AND SECTION 26,A RLBAR AND CAP LS NO. 13166 IN PLACE; THENCE S00°00'33"E
1319.52 FEET TO SAID EAST Y, CORNER OF SAID SECTION 2/, THE POINT OF BEGINNING. LESS AND
EXCEPT 5 4 ACRES, MORE OR LESS AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT
NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND REORDER OF PITKIN COUNTY
COLORADO SAID PARCEL OF LAND CONTAINING 379 481 ACRES MORE OR LESS.
MIs DOES NOT CONSTTUIE A TIE SEARCH BY
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- -
I CONSERVATION EASEMENT EXHIBIT EXHIBIT B: SURVEY
DEADWOOD RANCH OF PROPERTY
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 OF 7
pA DEADWOOD RANCH BOUND -' A'
¢O ? Q
i
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a
5 A°
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A.P. 2 OF TRACT 74
A USGLO BRASS CAP ACnNttENN>_,-
IN PLACE 2.117 ALES
SPOILS ENYELI.•
µ,
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(_ IND ACRES
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3..O88 ACR
OLD 4, OLD
• ACTNIY• AC➢NTY
ENVELOPE'. ENVELOPE
Lu
AMENDED AND RESTATED CONSERVATION EASEMENT AREAS - ¢�RDgpi
DEADWOOD RANCH 370.618
AEACTIVITY ENVELOPE 1 3.680 illp
i ACTIVITY ENVELOPE 2 3.066 CORNER
ST
HE
TA
ACTIVITY ENVELOPE 3 2.117 OF SOUTHEAST
CONSERVATION EASEMENT 379.481SECTION
A US 273 CAP
IN PLACE
SCALE: C = 700'
BASIS OF BEARING:
A BEARING OF S 49' 05 50" E BETWEEN A.P. 2 OF
TRACT 74 AND THE SOUTHEAST CORNER OF SECTION
27. BOTH BEING FOUND GLO BRASS CAPS IN PLACE.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN 5I VELI SUITE AS
CARBONDALE COLORADO 81623
(97C 104.0311 12-22-15 15134 15/34-CitT-CONSERVA TON-EA.EMENT-2015 DWG
CONSERVATION EASEMENT EXHIBIT EXHIBIT B SURVEY
PARCEL DESCRIPTION OF PROPERTY
DEADWOOD RANCH
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 2 OF 7
PROPERTY DESCRIPTION
PARCELS OF LAND SITUATE IN SECTION 27 AND IN THE N1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF
THE 6TH P.M., COUNTY OF PITKIN, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°56'10"W
BETWEEN THE E1/4 CORNER OF SAID SECTION 27, A 2.5"DIA. USGLO BRASS CAP IN PLACE AND THE W1/4 CORNER OF
SAID SECTION 27,A 2.5'DIA. USGLO BRASS CAP IN PLACE, SAID PARCELS OF LAND PREVIOUSLY DESCRIBED IN DEEDS
RECORDED IN RECEPTION NO.'s 583857 AND 583864, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID EAST 1/4 CORNER OF SECTION 27; THENCE 500°02'22"E 2638.75 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 27, A USGLO BRASS CAP IN PLACE; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
N89°5729"W 961 56 FEET TO A POINT ON THE EAST LINE OFA PARCEL OF LAND DESCRIBED AS PARCEL 8, PARCEL 2
AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN RECEPTION NO. 583857; THENCE ALONG SAID PARCEL OF
LAND THE FOLLOWING SIX(6) COURSES
1.) 505°49'06"E 111.58 FEET;
2) 557°20'36"W 267 60 FEET;
3) 548°1721"W 58 97 FEET;
4.) N64°38'06"W 98.69 FEET;
5) 501°35100"E 1066.03 FEET;
6) N89°55'14"W 38.19 FEET; THENCE DEPARTING SAID PARCEL OF LAND N89°57'01"W 287.32 FEET TO A POINT
ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED AS PARCEL B, PARCEL 1 AS DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED IN RECEPTION NO. 583857, THENCE ALONG SAID PARCEL OF LAND THE
FOLLOWING THREE(3)COURSES
1.) 526°31'18"W 64.46 FEET;
2.) S88°34'02"W 546.22 FEET;
3.) N53°05'53"E 119.28 FEET; THENCE DEPARTING SAID PARCEL OF LAND 589°57'12"W 548 96 FEET TO THE
CENTER NORTH 1/16 CORNER OF SAID SECTION 34, REBAR AND CAP LS NO 14111 IN PLACE; THENCE
NO0°08'40"W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 34 A DISTANCE OF 724.67 FEET
TO A POINT ON THE SOUTH LINE OF TRACT 75; THENCE S82°09'04"E ALONG SAID SOUTH LINE 137.68
FEET TO ANGLE POINT NO. 4 OF TRACT 75,A 31/4"DIA. ALUMINUM CAP LS NO. 28036 IN PLACE;
THENCE NO0°09'36"E 1329.53 FEET TO ANGLE POINT NO. 5 OF TRACT 75,A 2%"DIA. USGLO BRASS CAP
IN PLACE, THENCE 589°1359"W 1319 29 FEET TO ANGLE POINT NO 3 OF TRACT 74,A 2 '4"DIA USGLO
BRASS CAP IN PLACE; THENCE NOO°13'49"W 2621.91 FEET TO ANGLE POINT NO. 2 OF TRACT 74, A 2%,"
DIA USGLO BRASS CAP IN PLACE, THENCE 588°53'13"W ALONG THE NORTH LINE OF SAID TRACT 75 A
DISTANCE OF 789.88 FEET; THENCE DEPARTING SAID NORTHERLY LINE NOO°04'24"W 803.48 FEET,
THENCE S89°38'01"E 1979.00 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 27;
THENCE S00°00'04"W ALONG SAID NORTH-SOUTH CENTERLINE 138.22 FEET TO THE CENTER NORTH 1/16
CORNER SAID SECTION 27; THENCE 589°58'04"E 2634.43 FEET TO THE NORTH 1/16 CORNER BETWEEN
SAID SECTION 27 AND SECTION 26,A REBAR AND CAP LS NO 13166 IN PLACE; THENCE 500°00'33"E
1319.52 FEET TO SAID EAST%4 CORNER OF SAID SECTION 27, THE POINT OF BEGINNING. LESS AND
EXCEPT 5.4 ACRES, MORE OR LESS AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT
NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS OF THE CLERK AND REORDER OF PITKIN COUNTY
COLORADO. SAID PARCEL OF LAND CONTAINING 379 481 ACRES MORE OR LESS
THIS DOES NOT CONSDIUTE A ME SEARCH BY
SOPRIS ENGINEER, LLC (SE) TO DETERMINE OVMERSHIP
SOPRIS ENGINEERING - LLC DR EASEMENTS OF RECORD FOR ALL INFORMAROV
REGARDING DILE OF RECORD. SE RELIED UPON THE
CIVIL CONSULTANTS LOT UNE ADJUSTMENT PLAT SUPPLIED BY THE OMNER,
502 MAIN STREET SUITE A3 PREPARED BY 00010)IFF SURVEY. 136E 3RD STREET.
CARBONDALE COLORADO 81E23
19]01]B1-0311 12-22-15 15154/15134-AYLT-CONSER VA]ICN-EASEMENT-2015 DWG
r - _
i CONSERVATION EASEMENT EXHIBIT EXHIBIT B. SURVEY
ACTIVITY ENVELOPE 1 OF PROPERTY
DEADWOOD RANCH _
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 3 OF 7
125.37
111.63 208 30
7"E S4318 29"E
N53'40'07" N7792
60 00
N23'52'33"E 125.58
S0623'35 E
T..-
N
m o
4. N
ca..
0 114.07
3.680± ACRES 5553818 W
1f
79.07
103.72 SO4'03 40'W
N32'53'i6"W
100 00 60.00
N24'12'26"E 565'32 41 W
88.00
E r ,sS09'26 31 W
58.40
'so% S16'3919 E
.4 70.00
?T �, S72'20 39'W
01'
SCALE: 1" = 200" A N
Va
I,
f
SOUTHEAST CORNER OF SECTION 27 41
A USGLO BRASS CAP IN PLACE
1
AN ACTIVITY ENVELOPE LOCATED WITHIN THE DEADWOOD RANCH. BEING SITUATED IN LOT 5 OF
SECTION 27,TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO. SAID ACTIVITY ENVELOPE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SE CORNER OF SAID SECTION 27 (A FOUND USGLO BRASS CAP);THENCE
N28°30'13"W 1570.20 FEET THE TRUE POINT OF BEGINNING; THENCE N47°19'06"W 16000 FEET,
THENCE N24°12'26"E 100.00 FEET, THENCE N32°53'16'W 103.72 FEET;THENCE N16°48'05"W 202.00
FEET;THENCE N23°52'33"E 60.00 FEET; THENCE N53°40'07"E 111.63 FEET; THENCE N77°02'27"E 208.30
FEET;THENCE S43°18'29"E 125.37 FEET;THENCE 506°23'35"E 125.58 FEET; THENCE 555°38'18"W
114.07 FEET;THENCE 504°03'40"E 179.07 FEET; THENCE S65°32'41"W 60.00 FEET;THENCE
509°26'31"W 88.00 FEET; THENCE 516°39'19"E 58.40 FEET;THENCE 572°20'39"W 70.00 FEET TO THE
TRUE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3 680 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
i CIVIL CONSULTANTS
5C2 MAIN STREET SUITE A3
CARBONDALE COLORADO 81623
Z.7U 031 1 _ 12-22-15 15134775/34-A 4T-CONSERVATION-E 4SEMENT_2015 DWG
CONSERVATION EASEMENT EXHIBIT
ACTIVITY ENVELOPE 2 (EXHIBIT B SURVEY
DEADWOOD RANCH OF PROPERTY
SITUATED IN SECTIONS27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 4 OF 7
1
76,18
I 614'38'46 E
S04759 27 E '
110.33
75.33 320'59 46"E
N73'42'04"E 3707
501'03'43"E
74.]1 475756'15"
124'04 52850'48"E R=43.89
N07'24'04"W 6.9
562'38 41°F L=120.99
30.18 C8=58957'08"E i
521'56'44 E CH=86 16
5Z67 35.17 40.53
N6833`22"£� /N68'03'16"£ 5103900
24.00
N79'01'00"E 103.96
58314`71E
ti _ 87.37
N��{�., 362'0724`E
�. N It
575'4249 E
SCATR: 1" = 200' 31 46
N11 4..44 E 3.066* ACRES N
63 56
N71'56'23 W r CA 01
12719
674'02'15"W 714.00 I w -" 6781
34. 7 N60:53'3611'1 ,00 "' 543176 27'"E
N15'5745"W 7 0
N24'0030"W
30.00
N51'57'07`W 4
54 0,7 #5 546'53 33 E
N39.3416"W Zrio
71.94 SLf.
578'25111"W
I N55'06'61/"W96
55'06'61/"W ��4
1! 81
N29'11104"W er
SOUR CORNER OF SECTION2/
A USGLO BRASS CAP IN PLACE
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CARSONfA,E,COLQRAOOE067.3
0701704-W1 1 12-22 1515134/15134 AliT-CNYSERVA 110N-EASEMENT-.1015 GWG
CONSERVATION EASEMENT EXHIBIT EXHIBIT B: SURVEY
ACTIVITY ENVELOPE 2 OF PROPERTY
DEADWOOD RANCH
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 5 OF 7
AN ACTIVITY ENVELOPE LOCATED WITHIN THE DEADWOOD RANCH. BEING SITUATED IN
TRACT 74 OF SECTION 27,TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUNTY
OF PITKIN, STATE OF COLORADO. SAID ACTIVITY ENVELOPE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SAID SECTION 27(A FOUND USGLO BRASS CAP),
THENCE N45°37'33"W 2101.27 FEET THE TRUE POINT OF BEGINNING;THENCE N29°17104"W
19.81 FEET;THENCE N55°06'11"W 75.96 FEET;THENCE 578°25'11"W 71 94 FEET, THENCE
N39°34'18"W 54.00 FEET, THENCE N61°57'07"W 30.00 FEET;THENCE N24°00'30"W 76.00
FEET,THENCE N60°53'36"W 114.00 FEET, THENCE N15°57'45"W 34.37 FEET, THENCE
574°02'15"W 127.19 FEET; THENCE N71°56'23"W 63.56 FEET;THENCE N26°58'40"W 261.02
FEET;THENCE N68°33'22'E 52.67 FEET;THENCE N07°24'04"W 190.22 FEET;THENCE
N73°42'04"E 75.33 FEET; THENCE 514°38'46"E 76.18 FEET;THENCE 504°59'21"E 52.86 FEET;
THENCE 520°59'46"E 110.33 FEET; THENCE SO1°03'43"E 37.07 FEET;THENCE S28°50'48"E
74.11 FEET; THENCE 562°38'41"E 6.92 FEET;THENCE S21°56'44"E 30.18 FEET; THENCE
N68°03'16"E 35.17 FEET; THENCE N11°04'44"E 31.46 FEET;THENCE 120.99 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 43 89, A DELTA ANGLE OF 157°56'15",
(CHORD BEARS S89°57'08"E, 86.16 FEET); THENCE 510°59'00"E 40.53 FEET, THENCE
N79°01'00"E 24.00 FEET; HENCE S83°14'11"E 103.96 FEET; THENCE 562°07124"E 87 37 FEET,
THENCE 575°42'49"E 100.55 FEET, S11°34'49"E 152.73 FEET;THENCE 543°06'27"E 67.81 FEET,
THENCE S46°53'33"W 110.50 FEET TO THE TRUE POINT OF BEGINNING.
EXCLUDING 1032.8 LINEAL FEET OF ROAD BEING 16' IN WIDTH (0 379 ACRES)
SAID PARCEL OF LAND CONTAINING 3 445 ACRES, LESS ROAD FOR A TOTAL ACTIVITY
ENVELOPE AREA OF 3.066 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
5C2 MAIN STREET SUITE Al
CARBONDALE COLORADO 81623
(970j 704.0311 12-22-15 15134/15134-AYLT-CONSERVA PON-EASEMENT-2015 DWG
CONSERVATION EASEMENT EXHIBIT
ACTIVITY ENVELOPE 3 EXHIBIT B: SURVEY
_ DEADWOOD RANCH OF PROPERTY
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 6 OF 7
55."
N6572'55"E
1-3
L
- ti
0 0 N
h' "4 m
p3' 421'3816"
_'r R=322.00
tt L=121.60
164./8 CB=Sl34754-2
875'28'44"W� CH=120.88
23p
4'6 '07 4' 69
E74391V
39.06 g,
56204'31'W
SCALE. C = 200'
SOUTHEAST CORNER OF SECTION 27
A USGLO BRASS CAP IN PLACE
AN ACTIVITY ENVELOPE LOCATED WITHIN THE DEADWOOD RANCH BEING SITUATED IN TRACT 74 OF
SECTION 27,TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUN TY OF PITKIN,STATE OF
I� COLORADO. SAID ACTIVITY ENVELOPE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
II COMMENCING AT THE SE CORNER OF SAID SECTION 27(A FOUND USGEO BRASS CAP);THENCE
N45107'51"W 3697.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE S15"28'44"W 154.18 FEET,
THENCE S62114'31"W 39 06 FEET; THENCE N66814'59"W 270.02 FEET; THENCE N23105'10"E 385.82
FEET;THENCE N65122'58"E 55.00 FEET; THENCE 524137'02"E 222.65 FEET;THENCE 121 60 FEET ALONG
THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 322.00, A DELTA ANGLE OF 21°3816",
11 (CHORD BEARS 513147'54"E, 120.88 FEET)TO THE TRUE POINT OF BEGINNING.SAID PARCEL OF LAND
CONTAINING 2.117 ACRES, MORE OR LESS.
SOPRIS ENGINEERING- LLC
CIVIL CON%LTANry
W.'MAIN STP1 ET 54111 P3
CA42ONDA-E COLGPACO5163
19701 70-0311 12-22-15 b1.P1/151,4-AYLi CONSEPVAPON-EASEMENI M/5 De:
CONSERVATION EASEMENT EXHIBIT EXHIBIT B: SURVEY
IL SPOILS ENVELOPE OF PROPERTY
DEADWOOD RANCH
SITUATED IN SECTIONS 27 AND THE N1/2 SECTION 34 OF TOWNSHIP 8 SOUTH,
RANGE 87 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 7 OF 7
111.00
N7741'52•E x5'34'24"
R=208 00
128.00 L=20.23
N28'07'23"E� CB=521'49'50"E
N N CH=20.22
p,N
tT
4551
O /41 N41'45 19"E
p x22200
,V4-' 0 R=3226
�' a=49'33'25" L=121.60
=ry = CB=51347'547-
L=231 80
CI-1=120 88
CB=527'45'29'E
CH=224.64
y `?s
S 9j
tS
lye % 52ti 60
56 57"W
SCALE: 1" = 200' t53• a
py
15700
57506'40"W
SOUTHEAST CORNER OF SECTION 27
A USCLO BRASS CAP IN PLACE
AN ACTIVITY ENVELOPE LOCATED WITHIN THE DEADWOOD RANCH. BEING SITUATED IN TRACT 74 OF
SECTION 27,TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO. SAID ACTIVITY ENVELOPE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SAID SECTION 27 (A FOUND USGLO BRASS CAP);THENCE
N45°07'51"W 3697.47 FEET TO THE TRUE POINT OF BEGINNING;THENCE 231.80 FEET ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 268.00,A DELTA ANGLE OF 49°33'25", (CHORD BEARS
S27°45'29"E, 224 64 FEET); THENCE S26°56'57"W 115.00 FEET;THENCE S75°06'40"W 157.00 FEET;
THENCE N46°53'14"W 453.00 FEET; THENCE N26°58136"E 225.00 FEET; THENCE N41°45'19"E 45.00
FEET;THENCE N28°07'23"E 128.00 FEET; THENCE N77°411521 111.00 FEET, THENCE 20.23 FEET ALONG
THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00, A DELTA ANGLE OF 5°34'24", (CHORD
BEARS 521"49'50"E, 20.22 FEET); THENCE S24°37'02"E 222 65 FEET; THENCE 121.60 FEET ALONG THE
ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 322.00, A DELTA ANGLE OF 21°38'16", (CHORD
BEARS S13°47'54"E, 120 88 FEET) TO THE TRUE POINT OF BEGINNING.SAID PARCEL OF LAND
CONTAINING 4.544 ACRES, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET,SUI I t A2
CARBONDALE,COLORADO 81623
J9]Oi 704-0311 12-22-15 15134/15134-AVLT-CONSERVATION-EASEMENT-2015 DWG
EXHIBIT C
Water Rights
The "Water Rights" attached to the Property and encumbered by the Easement ale all located in
Pickin County, Water District 38. Division 5, and consist of only that portion of the following rights
now owned by Grantor, and specifically do not include the "excluded water rights' as described in
Section 7 3.J:
I) 1.0 cfs. Highland No. 2 Ditch(which diverts from West Sopris Creek) for irrigation, Priority
180 decreed in CA 0132 with adjudication date of May I I, 1889, and appropriation date of
June 8, 1887
2) 1.0 cfs, Highland No 2 Ditch, First Enlargement(which diverts from West Sopris Creek) for
irrigation. Priority 191 decreed in CA 0132 with adjudication date of May I I. 1889,and
appropriation date of June 5, 1888.
3) 1.61 cfs. Highland No. 2 Ditch, Second Enlargement(which diverts from West Sopns Creek)
for irrigation and domestic use, Priority 580 decreed in CA 4033 with adjudication date of
October 24, 1952, and appropriation date of June 1, 1948
4) 0.7 cfs absolute, Swearingen Ditch (the source of which is Sopns Creek) for irrigation. Priority
136 1.2 decreed in CA 0132 with adjudication date of May 11, 1889, and appropriation date of
March 5. 1886.
5) 1.25 cfs absolute. Cerise Ditch No I (the source of which is Dry Creek) for irrigation. Priority
519 decreed in CA 4033 with adjudication date of October 24, 1952, and appropriation date of
July 17, 1947
6) 1.75 cfs absolute, Cerise Ditch No 2 (the source of which is Dry Creek) for irrigation. Priority
527 decreed in CA 4033 w ith adjudication date of October 24, 1952, and appropriation date of
July 25, 1947
7) 1.44 cfs absolute, Cerise Brothers No 1 Ditch (the source of which is Sopris Creek) for
irrigation, consisting of
a 0 5 cfs Cerise Brothers No, I Ditch, Priority 271 decreed in CA 2846 with adjudication
date of August 21, 1931, and appropriation date of July 1, 1919
b. 0 04 cfs Cerise Brothers No I Ditch, Priority 414A decreed in CA 3082 with
adjudication date of August 25, 1936. and appropriation date of May I, 1922.
c 0 9 cfs Cerise Brothers No I Ditch, Priority 271 decreed In CA 2846 (conditional) and
made absolute in CA 3082 with adjudication date of August 21, 1931. and appropriation
date of July 1, 1919
8) 2.5 cfs absolute, Cerise Brothers No 2 Ditch (the source of which is Sopns Creek) for
irrigation, consisting of
a 0,5 cfs Cerise Brothers No 2 Ditch, Priority 272 decreed in CA 2846 with adjudication
date of Auguste_1, 1931, and appropriation date of July I. 1913
b 1 I cfs Cerise Brothers No 2 Ditch, Priority 414E3 decreed in CA 3082 with adjudication
date of August 25, 1936, and appropriation date of May 1, 1922
c 0 9 cfs Cerise Brothers No 2 Ditch, Pnonty 272 decreed in CA 2846 (conditional) and
made absolute in CA 3082 with adjudication date of August 21, 1931, and appropriation
date of July 1, 1913.
41
CONTRACT
# r6\xb =
SECOND AMENDMENT TO THE VESTED PROPERTY RIGHTS
AGREEMENT, CD-PUD PLAN DEVELOPMENT AGREEMENT, HISTORIC
COVENANT AND AGRICUI:IURAL BUILDING COVENANT FOR THE DEADWOOD
PARCEL (FORMERLY KNOWN AS MIDDLE RANCH PUD)
Tills SECOND AMENDMENT 10 THE VESTED PROPERTY RIGHTS
AGREEMENT, CD-PUD PLAN DEVELOPMENT AGREEMEN C. HISTORIC COVENANT
AND AGRICULTURAL BUILDING COVENANT FOR THE DEADWOOD PARCEL
(FOR.MERLY KNOWN ASAIIDD_E. RANCH PUD) ("Agreement') is made and entered into
to be effective as of the A day of (L/1 C C . 2018, by and between Deadwood Ranch I,
h
LLC. a Florida mitedliability company f"Owner"); and THE BOARD OF COUNTY
COMMISSIONERS of the County of Pitkm, Colorado ("BOCC"), as the governing body of
Pitkin County. Colorado f"County").
RECITALS
A. Owner owns approximately 344 143 acres of certain real property located off of West
Sopris Creek Road on Swearingen Way that is more ,specifically described on Exhibit
"A" attached hereto (the "Deadwood I Parcel"), which is also known as the "Fender
Middle Parcel"or"Middle Ranch."
B. Owner also owns approximately 35.339 acres of certain real property located on and
spanning West Sopris Creek Road that is more specifically described on Exhibit "B"
attached hereto (the 'Deadwood II Parcel). which is also known as the "CBI Sopris
View" parcel.
C. Pursuant to BOCC Resolution No. 147-2016 ("Resolution 147-2016'), recorded in the
Pitkin County Clerk and Recorder's Office ("Pitkin County Records") as Reception No.
635224. and the Deadwood Parcel Subdivision Exemption and Lot Line Adjustment Plat
recorded in Plat Book09. at Pagedte, :he Deadwood I Parcel and Deadwood 11 Parcel
were merged into a single parcel more specifically described on Exhibit "Cr attached
here:o :hat contains approximately 379.481 acres, and which is known as the -Deadwood
Parcel ' (the "Property').
D. the Pitkin County Hearing Officer granted certain approvals for the Deadwood I Parcel
pursuant to Determination No. 08-2008 recorded in the Pitkin County Records on August
29. 2008 as Reception No, 552461 (the "Determination"), including the following' Site
Plan Review for a driteway; Actisity Envelope Review; GMQS Exemptions (as
applicable) and Special Reviews to establish the Deadwood 1 Parcel as a receiver site for
up to four 'I DRs ler additional floor area up to 15.000 square feet. to construct a
caretaker dwelling unit and a ham(s), to list the historic resources on the historic
inventory. and to allow three water crossings (two bridge, one culvert) ti r the driveway..
A standard three-year vested right was granted with the approval. The Driveway Site
Plan and Activity Envelope Plan ("Original Plan") for the Deadwood I Parcel was
recorded September 9, 2008 in Plat Book 88 at Pages 37-46 of the Pitkin County
Records.
RECEPTIONS(' 64I� 9,RIIIIIV.I, D: $0.00
IlJ NJ
RECEPTIONS 848449, R. $0.00, D: $
DOG CODE: AGREEMENT
Pg 1 of 25,0612712018 at 03:28:31 PM
Janice K. Vos Caudill, Pitkin County, CO
E. 7'he BOCC designated the Swearingen Ranch Homestead on the Deadwood I Parcel to
the Pitkin County Historic Register and granted incentiv es for the designation, including
two non-transferable 1 ran,ferable Development Rights ( 'TDRs") for use on the
Deadwood I Parcel and a 10-year vested rights period, pursuant to Resolution No. 017-
2009 recorded April 13, 2009 at Reception No. 557963 of the Pitkin County Records. As
part of such approval, the then owner of the Deadwood I Parcel agreed to stabilize and
restore the Swearingen Ranch Homestead and, among other things, paid $110,000 to the
County for renovation of the Emma Store property The Covenant Agreement for the
Preservation of I listoric Resources was recorded as Reception No. 563102 of the Pitkin
County Records The historic resources located on the Deadwood I Parcel are the two (2)
Cabins known as the Swearingen Ranch Homestead Cabins (collectively, the '-Cabins")
and the remnants of a potato cellar. Exhibit I) is two photographs — one of each of the
two Cabins as they existed prior to the since completed restoration.
F The Deadwood I Parcel was zoned RS-30 I he then owner of the Deadwood I Parcel
applied to the BOCC for approval of: rezoning of the Deadwood I Parcel to the
Conservation Development PLED ("CD-PUD") zone district, a CD-PUD Plan for
"Development Option 2 — Commercial Agricultural Development' to accommodate two
(2) single family residences. two (2) caretaker dwelling units, and agricultural buildings;
special rev iew for horse boarding and wind power generation; an Activity Envelope for
agricultural buildings, nine I DRs as provided in the CD-PUT) zone district regulations;
and to convert the two prey iously granted non-transferable TDRs to transferable TDRs
(for a total 01' 11 TDRs) The BOCC granted such approvals as provided in Ordinance
No. 006-2010, recorded at Reception No. 570415 of the Pitkin County Records (the
"Ordinance') and Resolution No. 059-2010, recorded at Reception No. 570412 of the
Pitkin County Records ("Resolution 059-2010") The CD-PUD Plan, Driy eway Site Plan
and Activity Envelope Plan are recorded in Plat Book 96 at Pages 61-72 ("Original
Map"), which has since been replaced by the Amended Map described in Recital H.
below. Also pursuant to the BOCC approvals, that certain Deed of Conservation
Easement In Gross for Fender Middle Ranch, Pitkin County (the "Conservation
Easement') was recorded at Reception No. 578749. Finally, these previous approy als
were memorialized in the Vested Property Rights Agreement, CD-PUD Plan
Development Agreement, Historic Covenant and Agricultural Building Covenant for
Middle Ranch PLED recorded at Reception No. 578747 of the Pitkin County Records (the
"Original Vested Rights Development Agreement')
G BOCC Resolution No. 067-2012 ("Resolution 067-2017) amended Resolution 059-2010
in order to clarify the allowed usage of the historic cabins and to exempt their floor area
from the total allowed FAR. The floor area of both cabins does not count against the
floor areas specified in Condition #3 of Resolution 059-2010. but the net livable square
footage of the larger cabin shall be deducted from the 3,000 square feet of floor area
available for Special Res iew uses in the CD-PUD lone District under Development
Option 2. 1 he larger cabin may be restored as a dwelling unit and used as a guest cabin,
subject to conditions. The smaller cabin may be restored as a picnic house/hunting cabin,
which may include a toilet room and shall not include a kitchen. Finally, as allowed
-
under Resolution 067-2011 the restoration work on the cabins proceeded without
triggering the requirement to construct the new driveway.
H BOCC Resolution No. 034-2013 ("Resolution 034-2013") further amended Resolution
059-2010 and approved the Special Review request for a Ranch Manager's residence on
the Deadwood I Parcel Resolution 034-2013 provides that the approved driveway may
he realigned to cross Dry Creek below the historic buildings and climb uphill to access
the residential Activity Envelope: the main cabin may be relocated approximately 60' to
the south in order to improve drainage around the cabin; the previously approved
Agricultural Facilities Activity Envelope within an irrigated pasture was eliminated and
two new envelopes were established; and, Activity Envelopes were established for
development of up to nine (9) ponds. The Amended CD-PUD Plan, Driveway Site Plan
and Activity Envelope Plan is recorded in Plat Book 103 at Pages 57-73 ("Amended
Map") Owner has since fully restored the two historic cabins to the satisfaction of Pitkin
County and Certificates of Occupancy have been issued. and the driveway has been
constructed as approved
I. Administrative Decision No. 3-2014 amended Condition #17.B of Resolution 059-2010,
which limited outdoor construction to the period between April I and November 30
Administrative Decision No. 3-2014 (bund that the lower portion of the Deadwood I
Parcel is less valuable as winter range due to snow depths and the lack of forage above
the snow, and approved construction on the lower Activity Envelopes 1 Activ ity
Envelopes 2 and 3) throughout the year Resolution 147-2016 further amended and
clarified Administrative Decision No. 3-2014 to explain that the restriction on outdoor
construction between April I through November I remains for the upper portion of the
Deadwood I Parcel (Activity Envelope 1) where the main residence will be constructed:
indoor construction (work within a fully enclosed structure) may occur during that time;
and construction may occur in Activity Envelopes 2 and 3 throughout the year.
J. Administrative Decision No. 039-2014 approved the Deadwood Ranch Site Plan Rev icw
for the ranch manager's residence and two barns on the Deadwood 1 Parcel ("Equipment
Barn" and "Shop Barn'), all within the previously approved Activity Envelopes.
Administrative Decision No 039-2014 also granted Scenic Review approval for the ranch
manager's residence, the Equipment 13am, the Shop Barn, and associated development on
the Deadwood I Parcel such as earthwork and landscaping. The Zoning Officer confirmed
that the larger historic cabin contains 771 square feet of net livable area, leaving 2,229
square feet of floor area available for the ranch manager's residence. To date, the ranch
manager's residence and the Equipment Barn have been built The Shop Barn has yet to be
built but remains vested under this Agreement. 1 he approvals described in Recitals O
through J hereinabove were memorialized in the First Amendment to the Vested Property
Rights Agreement, CD-PLED Plan Development Agreement, Historic Covenant and
Agricultural Building Covenant for Deadwood Ranch (Formerly Known As Middle
Ranch PUD) recorded at Reception No. 613556 of the Pitkin County Records (the "First
Amended Vested Rights Development Agreement").
-3-
t; Resolution 147-2016, and Ordinance No 29-2016, recorded as Reception No 635223,
further amended Resolution 059-2010, Resolution 067-2012 and Resolution 034-2013 as
well as Administrative Decision Nos. 3-2014 and 39-2014 and approved the following:
1 Rezoning of the Deadwood II Parcel from RS-20 to Conservation Development
(CD-PUDI.
2. Merger/Lot line Adjustment to combine the Deadwood I Parcel and Deadwood II
Parcel into a single parcel under the CD-PUD Plan, to eliminate the previously
approved Activit) Envelope on the Deadwood II Parcel, and to transfer a portion
of the development rights from the Deadwood II Parcel onto the Deadwood I
Parcel in order to reduce density and promote clustering of dei elopment;
3. Amendment of the CD-PUD Plan to the CD-PUD "Residential/Agricultural
Development Option 3.' which Option was concurrently adopted by the ROCU
pursuant to Ordinance No. 030-2016, so as to ensure continued commercial
agricultural practice and operations and in return for eliminating the potential for
certain non-agricultural commercial uses that are permitted under Option 2.
residential development of the Property is more limited than allowed under
Option I but less limited than allowed under Option 2;
4. A growth management exemption pursuant to Section 6-30-100(a)19) of the Pitkin
Counts Land Use Code, as amended, transferring a portion of the development
rights from the Deadwood II Parcel to the Deadwood I Parcel to promote the
clustering of buildings and uses. the presets ation of open space, and the
avoidance of hazardous areas; further, in doing so, the prey ious growth
management exemption on the Deadwood II Parcel is extinguished and replaced
with the growth management exemptions described below;
5. A growth management exemption for development in amended Activit) Envelope
41 of one (I) or two (2) principal single-family dwelling unit(s) with a total floor
area of 13.250 square feet: if Owner chooses to construct two (2) principal single-
family dwelling units, no individual unit can contain more than eleven thousand
five hundred (11,500) square feet of floor area; 3,250 square feet of the total floor
area can only he used for below grade space (which below grade space ma) be
partiall) exposed or include walk-out space), covered walkways, porticos,
garages, and extended cave ov erhangs,
6. A growth management exemption for two (2) caretaker dwelling units, each with
a maximum floor area of 1,000 net livable square feet (in addition to the final
maximum floor area for the principal structures) which was alread) granted to the
Deadwood I Parcel remains unless Owner chooses to eliminate the right for one
such caretaker dwelling unit in exchange for an addition to the ranch manager's
residence, as explained helow;
7 4 growth management exemption for 25.682 square feet of exempt floor area for
agricultural buildings confined to the designated Activity Envelopes, and such
exempt agricultural floor area is inclusive of the 4,579 square feet of exempt floor
area located in those such structures already built and described in paragraph "J,-
above; provided however that horse/livestock run-in or loafing sheds shall count
as barn floor area to the extent required by the Pitkin Count) I and Use Code, as
-4-
may he amended from time to time, but may he located in the pastures and outside
of the Activity Envelopes,
8. A growth management exemption of 3,000 square feet of floor area for special
review uses, of which 771 square feet is utilized by the historic Swearingen
Homestead guest cabin and 2,229 square feet is utilized by the ranch manager's
residence,
9 A growth management exemption for 210 square feet of floor area for the historic
picnic house/hunting cabin:
10. Amendment of Activity Envelope #1 to shift its unchanged 3.680-acre area uphill
so as to reduce the length of the driveway, impact a smaller area of mature
sagebrush and reduce the amount of excavation for the foundation because the
amended location is flatter;
11. Amendment of Activity Envelope #2 allowing minor changes that do not affect
any constrained areas while maintaining its 3.066-acre area; and
12. A growth management exemption and amendment of the prior CD-PUD
approvals to allow Owner, at Owner's discretion, to expand the ranch manager's
residence to not more than 3,000 square feet of floor area: should Owner choose
to do so, Owner has the discretion to account for the historic guest cabin square
footage by choosing to either. (I) deduct the floor area of the addition to the ranch
manager's residence (up to 771 square feet) from the allowable floor area
available for the principal single-family dwelling unit(s), or (2) deed restrict the
historic guest cabin as one of the allowed caretaker dwelling units. If the cahin is
deed restricted as a caretaker dwelling unit, then the previous guest cabin
restrictions (Condition #4 of Resolution 067-2012) shall he eliminated and the
cabin may thereafter only he used in a manner consistent with the terms of the
caretaker dwelling unit deed restriction.
13. The Amended Map recorded in Plat Book 103 at Pages 57-73 is further amended
pursuant to Resolution 147-2016 with the Second Amended CD-RID Plan and
Activity Envelope Plan recorded in Plat Book 4 at Pages coo-- 14-
("Second Amended Map"). The Driveway Site Plan portion of the Amended Map
remains in effect as such driveway has now been constructed.
14. The Deadwood Parcel Subdivision Exemption and Lot Line Adjustment Plat
("Plat') merging the Deadwood 1 Parcel and Deadwood II Parcel into a single
parcel is recorded in Plat Book /23 at Page OW .
L. the purpose of this Agreement is to satisfy the requirements found in Resolution Nos.
067-2012, 034-2013 and 147-2016, as well as in the Administrative Decision Nos 3-
2014 and 039-2014, to provide a Second Amended Vested Property Rights Agreement,
CD-PUD Plan Development Agreement, Historic Covenant and Agricultural Building
Covenant for the Deadwood Parcel in order to memorialize all of the changes that have
been made to the original approvals. A separate draft of a First Amended and Restated
Deed of Conservation Easement (the "Amended Conservation Easement") is in the
process of being completed by Owner, the Aspen Valley Land Trust ("AVLT") and
Pitkin County Open Space and Trails ("OST") Further, the Second Amended Map has
been recorded for the Property. which Second Amended Map satisfies the requirements
of Section 4 of Resolution 05Q-2010, as well as condition #3 of Resolution 147-201b, and
supersedes and replaces both the Original Map and the Amended Map. except that the
Drivew ay Site Plan portion only of the Amended Map has been developed and remains in
effect.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual agreements herein
contained, the parties hereto stipulate and agree as follows.
A. Vested Property Rights Agreement.
1 Prior Documents Superseded. Determination No (18-2008 recorded August 29, 2008 as
Reception No. 552461: the Driveway Site Plan and Activity Envelope Plan recorded
September 9, 2008 in Plat Book 88 at Pages 37-46; the Amended CD-PLID Plan,
Drivewah Site Plan and Acta itv Envelope Plan recorded in Plat Book 103 at Pages 57-
73, provided that the Driveway Site Plan portion thereof has been deh eloped and remains
in effect Resolution No 017-2009 recorded April 13, 2_009 as Reception No. 557963; the
Vested Property Rights and Development Agreement recorded April 13, 2009 as
Reception No. 557964 and re-recorded at Reception No 557969; the First Amendment to
the Vested Property Rights Agreement, CD-PUD Plan Development Agreement Historic
Covenant and Agricultural Building Covenant for Deadwood Ranch (Formerly Known as
Middle Ranch PLID) recorded September 16, 2014 as Reception No. 613556: the Deed of
Conservation Easement in Gross recorded on March 29, 2011 as Reception No. 578749,
and the Covenant Agreement for the Preservation of Historic Resources recorded as
Reception No. 563102, all of the Pitk in County Records, are hereby declared void and are
superseded and replaced by the fnlloamg approvals (hereinafter collectively referred to
as the "Approvals"I'
• BOCC Resolution No. (117-2009;
• BOCC Resolution No. 059-2010:
• Ordinance No 006-2010;
• BOCC Resolution No. 067-2012;
• BOCC Resolution No. 034-2013;
• Administrative Decision No. 3-2014,
• Administratihe Decision No. 039-2014,
• BOCC Resolution No. 147-2016,
• Ordinance No. 029-2016;
• The Amended Deed of Conservation Easement in Gross;
• The Second Amended CD-PLID Plan and Activity Envelopes Plan recorded in Plat
Book J . at Pages Qtq-(14 2
• The Site Plan for the Ranch Manager's residence and two barns as recorded in Plat
Book 107 at Pages 67-69:
• I he Deadwood Parcel Subdivision Exemption and Lot Line Adjustment Plat recorded
in Plat Book 113 at Page CW , and,
• This Agreement
-6-
2. Vested Rights Pursuant to the Approvals, the BOCC' granted and hereby confirms to the
Owner vested property rights, which vested property rights shall run with the Property,
for a period of 20 years from the date of approval of BOCC Resolution No. 059-2010,
that is until May 12, 2030, for and with respect to all of those development rights
approved tinder the Approvals, all as the same may be amended or supplemented in
riling from time to time. The Approvals (including this Agreement), all as may be
amended or supplemented from time to time, between the parties, collectively granting
and defining the final approvals for the Property constitute an approved "site-specific
development plan" pursuant to § 24-68-101, el seq., C.R.S. ("the Vested Rights Statute'),
and establish and extend vested property rights to develop the Property in the manner
contemplated by the Approvals pursuant to the Vested Rights Statute until May 12. 2030
(the "Vesting Period Expiration Date-) In light of all relevant circumstances, including
but not limited to the size of the development, economic cycles and market conditions
and in light of the unique benefits granted to the community by the Owner, the Property
is hereby vested through the Vesting Period Expiration Date against any changes in the
County land Use Code which may be contrary to or in conflict with the rights described
in the Approvals. This Agreement shall be considered a "development agreement" as
that term is used in §24-68-104, C.R.S, and shall include the right to develop and use the
Property in the manner permitted under the Approvals. Except as permitted under the
Vested Rights Statute (including, without limitation, Section 24-68-105). until the
Vesting Period Expiration Date, no zoning or land use action by the County or action
pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a
moratorium on development, or otherwise delay the development or use of the Property
as permitted pursuant to the Approvals shall apply to or he effective against the Property
or the development thereof
B. CD-PUD Development Plan
1 CD-PUD Development Plan. Pursuant to the Ordinances, the Property was rezoned to the
CD-PUD zone district The Pitkin County Land Use Code provides three options in the
CD-PI ID /one district for development; and the Property was approved for development
under"Option 3 - Residential/Agricultural Development:' The "Approvals" (including the
Second Amended Map and this Agreement) contain the restrictions, limitations and
parameters for the development of the Property and, collectively, constitute the approved
CD-PUD Plan for the Property.
2. Uses. The Property is approved for all uses allowed in the CD-PUD, Option 3 zone district
- specifically including, but not limited to, one (1) or two (2) single-family residential
dwelling units. two (2) attached or detached Caretaker Dwelling Units, and agricultural
buildings and structures. Additionally. the Property received special review approval for use
for horse boarding and wind power generation, and an additional special review approval
has since been granted for development of a Ranch Manager's residence. All wind power
facilities shall remain subject to Site Plan Review. Only one horse breeder shall hoard up
to a maximum of thirty-five (35) horses at the Property at any given time. Horse boarding
facilities will not he open to the public and the horse boarder shall not run or otherwise
operate any commercial horse riding operations from the Property such as commercial
pack trips or horse riding lessons to the public. I lorse grazing shall he limited to the
pasture areas and horses shall not graze within one hundred feet (100') of the high water
line of any creek. Vehicle trips related to the horse boarding operation shall not exceed
ten (10) visitor trips per day (one visitor trip is defined as one automobile arrival or
departure).
3 Development Envelopes/Second Amended Map. The Second Amended Map includes three
primary Activity Envelopes, such that: "Activity Envelope (1)' is the primary envelope for
residential structures and associated improvements, and can also accommodate agricultural
buildings; "Activity Envelope (2)" can accommodate agricultural buildings and associated
improvements, and includes the historic cabins; and "Activity Envelope (3)" can
accommodate agricultural buildings. the Ranch Manager's residence, and associated
improvements. All of Activity Envelope (3) plus some of the area surrounding it on the
north, west and south, as shown on the Second Amended Map, is also a temporary spoils
envelope that shall be reclaimed/restored after completion of all construction on the
Property. the Second Amended Map also includes three (3) Pond/Landscape Activity
Envelopes,as well as several Utility Corridor Envelopes.
4. GMQS Exemptions. 'I he Approvals include growth management quota system exemptions
for
(1) One (1) or two (2) principal single-family dwelling unit(s) with a total floor area
of 13.250 square feel; if Owner chooses to construct two (2) principal single-
family dwelling units, no individual unit can contain more than eleven thousand
five hundred (11,500) square feet of floor area; 3,250 square feet of the total floor
area can only he used for below grade space (which below grade space may be
partially exposed or include walk-out space), covered vyalkways, porticos,
garages, and extended cave overhangs, to the extent that such areas would not
otherwise be considered "exempt' floor area under the terms of the applicable
Code provisions. not ithstanding anything herein to the contrary, whether Owner
elects to develop one (1) or two (2) single-family residences with the 13.250
square feet of floor area, the larger residence is permitted 8.250 square feet of
above-grade floor area.
(2) Iwo (2) caretaker dwelling units, each with a maximum of 1,000 net livable
square feet (in addition to the final maximum floor area for the principal
structures) unless Owner chooses to eliminate the right for one such caretaker
dwelling unit in exchange for an addition to the ranch manager's residence, as
explained in (6) below;
(3) 25.682 square feet of exempt floor area for agricultural buildings where such
exempt agricultural floor area is inclusive of but not limited to the equipment barn
that has been built and the vet-to-be-developed Shop Barn, both as described in
Recital "J,' above; provided however that horse/livestock run-in or loafing sheds
shall count as barn floor area to the extent required by the Pitkin County Land
Use Code, as may be amended from time to time, but may be located in the
pastures and outside of the Activity Envelopes;
-R-
(4) 3.000 square feet of floor area for special rev iew uses, of which 771 square feet is
utilized by the historic Swearingen Homestead guest cabin and 2,229 square feet
is utilized by the ranch manager's residence,
(5) 210 square feet of floor area for the historic picnic house/hunting cabin,
(6) At Owner's discretion, approval to expand the ranch manager's residence to a
total area of not more than 3,000 square feet of floor area: should Owner choose
to do so, Owner has the discretion to account for the historic guest cabin's 771
square feet by choosing to either: (1) deduct the floor area of the addition to the
ranch manager's residence (up to 771 square feet) from the allowable floor area
available for the principal single-family dwelling unit(s), or (2) deed restrict the
historic guest cabin as one of the allowed caretaker dwelling units. If the cabin is
deed restricted as a caretaker dwelling unit, then the previous guest cabin
restrictions (Condition #4 of Resolution 069-2012) shall be eliminated and the
cabin may thereafter only be used in a manner consistent with the terms of the
caretaker dwelling unit deed restriction.
For the purposes hereof, "floor area" shall be measured as set forth on Exhibit "El
attached hereto and incorporated herein by this reference.
5. Site Plan Review. Prior to submission of an application fora building permit for a principal
residence(s) or other development permit applications for development other than the
driveway, the ranch manager's residence, the existing Equipment Barn, or the approved
Shop Barn. Owner is required to submit for approval an application for Site Plan Rev iew,
pursuant to Sections 2-30-20 and 7-10-50 of the County Land Use Code. With the Site
Plan Review application for the principal residence(s), Owner shall demonstrate how
3,250 square feet of the floor area is being used for below grade space (which below
grade space may be partially exposed or include walk-out space), covered walkways,
porticos. garages, and/or extended gave overhangs, to the extent that such areas would not
otherwise he considered "exempt' floor area under the terms of the applicable Code
provisions, and how such spaces will lessen visual impact and will minimize the sen ice
demands generated by the residence(s).
C. No Subdivision Covenant
the Owner hereby restricts the Property in perpetuity against any future subdivision,
partition, condominmmization, division or anv other event that would create another lot,
parcel, unit, or other division of land or interest out of the Property. This restriction
includes the creation of parcels that are 35 acres or larger pursuant C.R S. § 30-28-101, or
its successor or its amendment. The Approvals allow the construction of multiple
dwelling units, and this restriction precludes am portion of the Property, including such
dwelling units, from being held in separate ownership I itle to all portions of the Property
shall be held in one ownership.
D. Historic Presenation Covenant.
1 Stabilization and Restoration Owner agreed to assume the total costs of stabilization and
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restoration of the Cabins, in a manner that complied with the Pitkin County Preservation
Handbook for Historic Properties dated August 27, 2008 ("Handbook") as the same may
be amended from time to time and as interpreted by the Pitkin County Historic
Preservation Officer, so as to presen e the architectural, historical, archaeological,
cultural, and/or engineering integrity of the Cabins and their features, materials,
appearance, and workmanship in order to protect and enhance those significant
characteristics which qualify it for historic preservation treatment. The County's Historic
Preservation Officer ("HPO") approved a plan for stabilization and restoration of the
Cabins Stabilization and restoration of the cabins has been completed and certificates of
occupancy for both cabins have been duly issued, thereby fully satisfying Owner's
obligations hereunder.
2 Exclusion. Owner agrees that the County in no way assumes any obligation whatsoever
for stabilizing, restoring, maintaining, repairing or administering the Cabins
3. Alterations Owner agrees that no significant alterations that were not contemplated in the
approved plans shall be made to the exterior of the Cabins without the approval of the
County IIPO.
4. Allowed Use. Resolution 067-2012 clarified the allowed use of the Cabins. the larger
cabin, along with a small addition thereto. was restored as a dwelling unit and may be
used as a guest cabin, subject to the restrictions enumerated in Paragraph 4 of Resolution
067-2012. The smaller cabin was restored as a picnic house/hunting cabin. which
includes a toilet room but no kitchen.
5. Standards for Review. Review and approval of any future construction, alteration.
rehabilitation or relocation of the Cabins shall he by the County's HPO in accordance
with the requirements and standards of the Handbook.
6. Public Purpose Owner agrees that all changes made for the stabilization and restoration
of the Cabins shall be in the spirit of contributing to the public purpose of protecting and
presen ing the Cabins
7 Continuation. In the es cut that any component part or parts of the Cabins are destroyed
or substantially damaged through no willful action or negligence of the Owner, and only
if it is jointly determined by Owner and the Count) HPO that the affected structure(s) or
features) are to he preserved and not removed, all obligations contained in this I listonc
Preservation Covenant shall continue unabated. In the event that any Cabin is damaged or
destroyed through the willful action or negligence of Owner, the County may initiate
such administrative or judicial actions as it deems to he legally available and appropriate.
8. Reserved Rights of Owner Owner shall have all rights to utilize the Cabins not
specifically limited or restricted by this Historic Preservation Covenant. Notwithstanding
the preceding sentence, Owner shall take no action that is materially detrimental to the
purposes of this Historic Preservation Covenant or in contravention of applicable Pitkin
County Land I se Regulations.
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E. Agricultural Buildings Covenant.
I. Covenant. The Property will contain agricultural buildings limited to a cumulative
maximum of 25,682 square feet of exempt floor area. 1 his exempt floor area may be
contained within one or a combination of more structures and, except as otherwise
specifically provided, the agricultural building(s) will be located within Activity
Envelopes (I), (2) and/or (3), as such are shown on the Second Amended Map For the
purposes of this Agreement, the approved agricultural buildings and all appurtenances
and fixtures associated therewith shall hereinafter be referred to as the "Agricultural
Building(s).- The Owner has received special review approval for the construction of the
Ranch Manager's residence within Activity Envelope #3, and such Ranch Manager's
residence is not subject to this Covenant or considered a part of such exempt floor area
2. Uses. The use and occupancy of the Agricultural Building(s) shall henceforth be limited
to the sheltering or enclosing of livestock, horses, poultry. feed or equipment, or to grow
trees, shrubs, flowers or vegetable plants, or for additional purposes allowed under
applicable current codes.
3. Inspections. Not more than once per year after issuance of a certificate of occupancy for
a given barn structure, representatives of the County' shall be entitled to enter upon the
Property. at reasonable times and upon at least 48 hours' advance notice to the Owner of
the Property pursuant to Section F.3 below, in order to inspect the Agricultural
Building(s) for the sole purpose of determining compliance with the terns and conditions
of this CON enant.
4 Removal. If the Agricultural Building(s) or any portion of the Agricultural Building(s)
are not utilized in a manner consistent with the foregoing, the area must be either
removed or restored to an appropriate agricultural use.
F. Miscellaneous.
I. Binding on Successors to Owner; Enforcement- Attorneys' Fees. [his Agreement shall
be a binding servitude, shall run with the land and shall be binding upon Owner, its
successors. transferees. and assigns. in perpetuity, unless terminated by the terms of this
Agreement or by voluntary relinquishment by the County. It is explicitly agreed by the
parties hereto that this Agreement shall he enforceable in the courts of the State of
Colorado; and that in the event an action to enforce this Agreement is brought, that the
party or parties which substantially prevail in any such enforcement action shall be
entitled to recover from the non-prevailing parry the full cost of such action (including
reasonable attorneys' fees and costs). The parties may enforce the terms of this
Agreement through actions for damages or injunctive relief or both
2. Exercise of Rights; and Right to Cure. Failure of either party to exercise anv right or
remedy granted under this Agreement shall not be a waiver of any breach of this
Agreement or rights or remedies to enforce the Agreement, provided, however, after
notice of a violation, if the County fails to enforce a provision of this Agreement for three
years it waives its right to do so. In the event of any default under the prov isions of this
Agreement, the non-defaulting party shall, prior to the exercise of any right or remedy.
give the party alleged to be in default written notice of such default together with right for
a period of thirty days after receipt of such notice to cure said default. If an alleged
default by its nature or because of weather is not capable of being cured within the time
provided, the party alleged to be in default shall, provided such party is proceeding with
all due diligence, has e up to an additional sixty day s to cure said default (or sixty days
after weather permits cure). If a default is not cured within the time provided or any
extension thereof, the non-defaulting party shall then and thereafter be free to pursue any
right or remedy allowed by this Agreement or otherwise by law
3. Notices. Any notice allowed or required by this Agreement shall he given by certified
mail, return receipt requested, properly addressed and with postage fully prepaid, to the
address of the County or the then-current Owner of the Property as shown in the records
of the Pitkin County Assessor's Office at the time of the notice. All such notices shall he
effective seven day s following the date the notice was deposited in the U.S. Mail.
4 Severability. Whenever possible, each provision of this Agreement and any other related
document shall be interpreted in such a manner as to he valid under applicable law; but if
any provision of any of the foregoing shall be invalid or prohibited under said applicable
law, such provisions shall be ineffective to the extent of such invalidity or prohibition
without invaliding the remaining provisions of such document.
5. Choice of Law. this Agreement and each and every related document are to be governed
and construed in accordance with the laws of the State of Colorado
6. Successors. Except as otherwise provided herein, the provisions and covenants contained
herein shall inure to and be binding upon the heirs, successors, and assigns of the parties.
7. Section Headings. Paragraph or section headings within this Agreement are inserted
solely for convenience of reference, and are not intended to, and shall not govern, limit or
aid in the construction of any terms or provisions contained herein.
8. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of
this Agreement shall be valid against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement and except as specifically provided
herein. I Iowever, the party for whose benefit a condition is inserted herein shall have the
unilateral right to waive such condition.
9. Gender and Number. Whenever the context so requires herein, the neuter gender shall
include any or all genders and vice versa and the use of the singular shall include the
plural and vice versa.
10. Further Actions. The parties to this Agreement agree to execute such further documents
and take such further actions as may he reasonably required to carry out the provisions
and intent of this Agreement or any agreement or document relating hereto or entered
into in connection herewith.
11 Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall he effective only when made by writings signed by both parties and
recorded with the Pitkin County Records.
EXHIBITS:
Exhibit"A" - Legal Description of Deadwood I Parcel
Exhibit"B" - Legal Description of Deadwood II Parcel
Exhibit"C" - Legal Description of Merged Deadwood I Parcel and Deadwood II Parcel
Exhibit"D"—Cabin Photos
Exhibit"E' — Floor Area Calculation Methodology
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
day and sear first written above.
THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,
� 1COLORADO
1 U-
By __" r m
Ceerge-Alewwxvt Chairperson
STATE OF COLORADO 1
)ss
COUNTY OF PI fIKIN 1
The Ibregoing instrument was acknowledged before me this
" day of (J' KFC. ,
2018, by George New man as Chairperson of the Pitkin Count} Board of County Commissioners.
Witness m) hand and official seal.
My commission expires: )
)I JFANt3 +C JONES Notary ublic
11 ROT,'.RY'gLabbC
,
STATE 7F,O_�7n (.Qwnei Signature 'age Fallon'.s]
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IN WITNESS WHEREOF, the parties hale executed this Agreement effective as of the
day and year first written above.
DEAD
DEAD..,,II OD RANCH I, LLC/a lorida limited liability�company
1:
By: Aid 1/
(J . Pro , its Manager
AFF yJQ SIA . OF ?Ati. I), c. )
)ss.
COUNTY OF So...T w )
The foregoing instrument was acknowledged before me this Iy day of Jp i]
2018, by Jerrold S. Parker, as Manager of Deadwood Ranch I, LLC. a Florida limited liability
company.
Witness my hand and official seal.
My commission expires•
'iota') Public
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EXHIBIT A
PROPER I Y DESCRIPTION (DEADWOOD I PARCEL)
PARCEL A: (PARCEL I)
'I HE E1/2 NORTHWEST 1/4 AND THE WEST 1/2 NORTHEAST 1/4 OF SECTION 27,NOW
KNOWN AS I RACT 74, SECTION 27; ALSO ALL OF LOT 6, SECTION 27, TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE 6TH P.M., EXCEPT 5.4 ACRES, MORE OR LESS, AS
DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NO. 90028 IN
BOOK 166 AT PAGE 88 IN TILE RECORDS OF THE CLERK AND RECORDER OF
PlI'KIN, COUNTY COI ORADO
PARCEL A: (PARCEL 2)
I OTS 3, 4, 5 AND 7, SECTION 27, AND LOT 1, SECTION 34, TOWNSHIP 8 SOUTI I,
RANGE 87 WEST OF TIIE 6TH P.M., COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL B. (PARCEL 1)
A PARCEL OF LAND LOCATED IN TIIE NOR I H 1/2 OF SECTION 34, TOWNSHIP 8
SOUTH, RANGE 87 WEST OF TIIE 6TH I'.M.. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT FROM WHICH THE NOR] HEAST CORNER OF SAID
SECTION 34 BEARS N50 35'21"E 2075.93 FEEI ; THENCE 526`30158"W 64.46 FEE I TO A
POINT ON A FENCE LINE, THENCE S88°3'42"W 54632 FEET ALONG SAID FENCE
LINE DEPARTING SAID FENCE LINE THENCE N5 3°05'33"E 119.28 FEET; THENCE
S89°58'18"E 479.45 FEE FO TIIE POINT OF BEGINNING. ALL BEARINGS ARE
RELATIVE TO FOUNT) G L O. BRASS CAPS AT TIIE NORTHEAST CORNER OF
SECTION 34, TOWNSHIP 8 SOU IH, RANGE 87 WEST OF THE 6TI1 P M. ANI) FIFE
NORTH ONE-QUARTER CORNER OF SAID SECTION 34. SAID BEARING IS
N89D59'32"W
PARCEL B: (PARCEL 2)
A PARCEL OF LAND SITUATED IN THE NOR I H 12 OF SECTION 34, TOWNSI IIP 8
SOUTH, RANGE 87 WEST OF ME (ill! P.M. BEING MORE PARTICULARLY
DESCRIBED AS FOI.I ()WS:
BEGINNING A I'A POINT FROM WHICH THE NORTHEAST CORNER OF SAID
SECT ION 34 BEARS S89°5Q'32"E 961.78 FEEI; THENCE S05°52'00"E 111.58 FEET TO A
POINT ON A FENCE LINE, I HENCE S57°17'42"W 267.60 FEET ALONG SAID FENCE
LINE, THENCE S48`I427"W 58.97 FEET ALONG SAID FENCE LINE; THENCE
N64`4I100"W 98.69 FEET ALONG SAID FENCE LINE: THENCE 501037'54"E 1066.03
FEET ALONG SAID FENCE LINE, 'IHENCE DEPARTING SAID FENCE LINE
N89°58'18"W 38.19 FEE I; THENCE N00°00'32"W 1318.28 FEET: THENCE S89'59'32 'E
355.01 FEE:P TO THE POINT OF BEGINNING. COUNTY OF PI ERIN, STATE OF
COLORADO
PARCEL C•
TOGETHER WITH AN E.ASEMENI INTEREST AS DESCRIBED IN DOCUMENT
RECORDED MAY I I, 1993 UNDER RECEPTION NO 356726 AND CORRECTION
EASEMENT RECORDED DECEMBER 26, 2007 UNDER RECEF'I ION NO. 545213.
PARCEL D:
TOGETHER WITH AN EASEMENT INTERESI AS DESCRIBED IN EASEMENT
AGREEMENT RECORDED DECEMBER 26, 2007 UNDER RECEPTION NO 545219 AND
RE-RECORDED JULY 15, 2011 UNDER RECEPTION NO. 581253.
COUNTY OF P]TKIN. S'I ATE OF COLORADO
EXHIBIT BL
PROPER IN DESCRIPTION (DEADWOOD II PARCEL)
A PARCEL. (Th LAND SI FUA'I ED IN THE NI/2 OF 1 HE NW 1/4 AND LOIS I AND 2 (IF
SECTION 27, IOWNSHIP 8 SOUTH, RANGE 87 WEST OF I HE. 6TH P.M., MORE
PARI I('ULARI 1' DESCRIBED AS FOLLOWS:
BEGINNING ATI HE NW CORNER OF SAID SECT ION 27.1 HENCE. S88`51'18"E Al ONG
TI IE NORTHER! Y LINE OF SAID SECTION 2633.74 FEET TO I HE CEN I'ERLI NE OF
SAID SUCTION 27. [HENCE S0I'02131"W 1180.03 FEET 1 O THE [RUE POINT OF
BEGINNING, FHENCP N88"4425"W 1977 67 FEET; I HENCE SC/0'59'12"W 805.00 FEET;
TI IENCF N89"54'56"E 1077.23 FEET: THENCE N01"02131"E 752.80 111:1' FO TIIE TRUE
POINT OF BEGINNING.
COUNTY OP I'ITICIN, Si A 16 OF COLORADO
EXHIBIT C
PROPERTY DESCRIPI ION (MERGED DEADWOOD I PARCEL AND DEADWOOD II
PARCEL), NOW KNOWN AS TIIE DEADWOOD PARCEL
A PARCEL OF LAND SITUATE IN SECTION 27 AND IN TIIE NI/2 OF SECI ION 34,
TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., COUNTY OF Pll KIN, S FAIT
OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°56'10"W
BETWEEN TIIE E I/4 CORNER OF SAID SECTION 27, A 2 5" DIA. USGLO BRASS CAP
IN PLACE AND THE W 1/4 CORNER OF SAID SECTION 27. A 2.5" DIA. USGLO BRASS
CAP IN PLACE, SAID PARCELS OF LAND PREVIOUSLY DESCRIBED IN DEEDS
RECORDED IN RECEPTION NO.'s 583857 AND 583864, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS•
BEGINNING AT SAID EAST 1/4 CORNER OF SECTION 27; TIIENCE S00'02'22"E 2638.75
FEET TO THE SOUTI(EAST CORNER OF SAID SECTION 27, A USGLO BRASS CAP IN
PLACE; THENCE ALONG WE SOU I H ),INE OF SAID SECTION 27 N89"57'29"W 961.56
FEET TO A POINT ON I HE EAST LINE OF A PARCEL OF LAND DESCRIBED AS
PARCEL B. PARCEL 2 AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN
RECEPTION NO. 583857; THENCE ALONG SAID PARCH OF I AND THE FOLLOWING
SIX (6)COURSES
I.) S05°49'06"E 111.58 FEET:
2.) S57'20'36"W 267.60 FEE I':
3.) S48'I7'21"W 5897 Fl-F I
4.1 N64°38'116"W 9869 FEET:
5.) S01'35'00"E 1066.03 FEET:
6.) N89°55'24"W 38 19 FEET; THENCE DEPARTING SAID PARCEL OF LAND
N89°57'01"W 287.32 FEET TO A POINT ON TIIE EAST LINE OF A PARCEL OF LAND
DESCRIBED AS PARCEL B. PARCEL I AS DESCRIBED IN SPECIAL WARRANTY
DEED RECORDED IN RECEPTION NO 583857; THENCE AI ONG SAID PARCH OF
LAND THE FOLLOWING THREE (3) COURSES:
I.) S26°31'18"W 64.46 FEET;
2.) S88°34'112"W 546.22 FEE I ;
3.) N53'05'53"E 119.28 FEET; l HENCE DEPARTING SAID PARCEL OF LAND
S89°57'I2"W 548.96 FEET TO TIIE CENTER NORTH 1/I6 CORNER OF SAID SECTION
34, REBAR AND CAP LS NO. 14111 IN PLACE; THENCE N00°08'40"W ALONG THE
NORTH-SOUTH CENTERLINE OF SAID SECTION 34 A DISTANCE OF 724 67 FEET TO
A POINT ON TIIE SOIITI I LINE OF TRAC F 75, THENCE S82°09'04"E ALONG SAID
SOUTH LINE 137.68 FEET TO ANGLE POINT NO. 4 OF TRAC I' 75, A 3 1/4" DIA.
ALUMINUM CAP LS NO. 28036 IN PLACE; THENCE N00°09'36"E 1329 53 FEET TO
ANGLE POINT NO. 5 OF TRACT 75. A 2 4:' DIA. USGI.O BRASS CAP IN PLACE;
THENCE S89`13'59"W 1319.29 FEET TO ANGLE POIN I' NO. 3 OF TRACT 74, A 2 I S' DIA
USGLO BRASS CAP IN PLACE, THENCE N00°I3'49"W 2621.91 FEET TO ANGLE POINT
NO. 2 OFF RAC'174, A 2 !/.5- DIA. USGLO BRASS CAP IN PLACE: THENCE S88°53'13"W
ALONG TIIE NORTH LINE OF SAID TRACT 75 A DISTANCE OF 789.88 FEES; I HENCE
DEPARTING SAID NORTHERLY LINE N00'04124"W 803.48 FEET; TI IENCE 589'38101"E
1979 00 FEET TO A POINI ON THE NORTH-SOUTH CENTERLINE OF SAID SEC PION
27; THENCE S00°00'04"W ALONG SAID NORTH-SOUTH CENTERLINE 138 22 FEET TO
THE CENTER NORTH I/16 CORNER SAID SEC'"I ION 27: 1 HENCE 589258'04"E 2634.43
FEET TO THE NOR ID 1i16 CORNER BETWEEN SAID SECTION 27 AND SECTION 26, A
REBAR AND CAP LS NO. 13166 IN PLACE; THENCE S00:00'33"E 1319 52 FEET TO
SAID EAST 1.5 CORNER OF SAID SECTION 27. THE POINT OF BEGINNING. LESS AND
EXCEPT 5.4 ACRES, MORE OR LESS AS DESCRIBED IN TIIE W'ARRAN I Y DEED
RECORDED AS DOCUMENT NO. 90028 IN BOOK 166 AT PAGE 88 IN THE RECORDS
OF THE CLERK AND REORDER OF PITKIN COUNTY COLORADO. SAID PARCEL OF
LAND CONTAINING 379.481 ACRES MORE OR LESS.
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620.70:MEASUREMENT OF FLOOR MEA 8 — . r'
„
(a)General
In measuring floor area, all dimensions shall be taxon from the Merle fate of Motto of ogler
printery wall members or hoot the center ii!te 4f walls separating adjoining units of a building or
pp;don thereof. Parslrewbaie or log.Watl cohslnmlon and for fqundgtibn walls,4tE dimensions shall
be taken front the ceh1erline df the Wall Veneer facades up to eight(8)Items in'thickness shall be
excluded from the cdiculation of floor area;:hat pai:en of a facade Which exceeds eight(8)inches
Shell be Intruded. Fireplaces,rotators,stairs and slmlla"r features stns Included In Ina Boat arta on
each goer. StmCturas that do tot exceed shiny t30) inches in neigh[ measured above or MOW
finished and natural grades,and that are not covered by a roof or horizontal projection from a te.dlog
are oxempt glom neer arra caiaaatbus.
A minimum of two portent G,%)of the fatal goat area as calculated under the latest adopted!Misting 1
Codes,or f1ty(b0)so fl,whichever amount is greater. shell ben dedicated mechanical area of at
least seven feet (7) in height, which area shall contain mechanical, electrtcai and plumbing
equipment, nut no laundry or other household uses or appliances. Thu mrrhanlcal arca may be
rkspe:sed 0 mode than eine local:en.
Mechanical areas less than,two percent (2%) of the total floor area may he permitted when the
building permit appllCatton Includes a complete mechanical plan showing placement of All proposed
systems and complance with the istesi adopted Bul4Eg Codes. Mecherdca plans rwst be provided
by a mechanical c_rfractor or engineer or other professional approved by the Building Official.
(b)Rooi and Deck Overhangs
The Sewewe of a budding,or portion of a building,not provided with surrounding exterior welts shall I.
inolude the area under the horizontal protection of roofs or floors,when the roof or floor exceeds efghs
(8)feet, These architectural projec ions are exempt for elp`t(8)feet of the perimeter of each story of I
the s*rUctwe.This oxempgon cannot bu used to transfer space between floors. In the VR and VC I
zone districts, en overhang of up to eight(8) feet on the sheet or beck sido of a endure shad,be
exempt wain the calculation of Corr area. Roof and deck overhangs greater!hap eight(8)feet may
only be converted to enclosed Interior areas when the resulting floor area does not exceed maximum
poor area that Would othen ads°be applicable to the moody anderTable b4. i
lc) Decks.Balconles,Stairways and Similar Features
(7) Structures that exceed thirty (30) inches above natural or finished grade, end that are rot
covered by a roof or ar:hl ctcrat preacher.(,cM a buutrrg,are exempt from error area for up to f
Wilted(1C)percent of the approved floor area for the subject parcel or lot. Any areas to excess i
of Mean (15) percent shall be counters toward floor area. Decks, balconies, stairways, and I
similar feature&with a horizontal pro e ton greater than eight{8)feel may only be converted to I
enclosed Interior areas when the resulting floor oma dues not exceed maximum floor area teat
would otherwise be appllcahle to the property unbar Table 5-i.
(2) Pergolas and open shade structures snail oe considered part of the fifteen(15;percent ai the
approved Rear area for decks,balconies,stairways,and similar features as specified show,so
long as the following criteria are mel: Overall height cannot exceed twelve (12) feet above
finished or existing grade,wntchever h most restrictive. At lead seventy t7u0 percent o`the area
of such structures shell be open to the Sr. There shall be no more then two(2) layers of I
simdure above the column capitals Principal beams shall be a minimum or[en (10)feet on
Ginter and have a maximum dimension of aix t6)!mens to width and Matra(12)inches,n depth
Secondary beams sf'al be apacod et a minimum of rwnnty-four(24)Inches on center and have a
maximum dimension of four(4)inches in width and ten(10)inches in depin. (here shall be no
wads, The doubling of beams oxer the columns shad be p_rtNbd, .
(d) Crawl Spaces
(1) A Horizontal Crawl Space means an area below the(list matte Poor of a beading or pertbo of a
building,excluding decks patios and terraces. Horizontal Crawl Spaces are exempt front floor area
calculations when less than five(6)feet six (a)inches in height. Horizontal Crawl Spaces do not
ekneed Me footprint of the exterior waits of the s/detere when used fa exterior uses such as
Jacuzzis,spas.hospttagy bars,water features,sprlrkhu systems,and pool mechanical areas. Such
Craw,Spaces Shall be no larger than necessary to accommodate necessary mechanicai equipment
and may not be used for other uses.
(2) A Vertical Crawl Space means an enclosed,unfinished,and nendlabeabla area that ntav exceed
five feet six inches(5'6y f.7 height and Is located between the exterior of a foundation wall and the
surface of the finished grade of a vertical or nearly vertical slope, which slope Is retained fry an
engineered system which requires a separation between the foundation wall and the estate Of the
finished grace of Om slaps.
______
Land Use code _.._-- —_ _-- — Pitkin merry,0oinrado
July 2006 Page i5
CHAPTERF: D;MENsiOMLREaUIREMENT6
b20:Rules of Measumment
520.TU:,Measurement ofFfaarArea •
Vertical Crawl Spaces shall be exempt from floor area calculations.provided they comply with the
following:
a) flat the design is supported by an engineering/geologic study approved by Ills
Community Development Deportment,whtnh roquires a separation between an
engineered system and fiAl exterior wail;and
Pi The toLONaI dimensions measwed firm the base of the exterior wall io the engineered
system does not extend sixfeet six inches(6'E';)and
c) The area shall remain unfmshed and contain tie hard floors;and
d) The area shall be limited to containing non-spark producing mechanical, plumbing,
eiectitai,telephone,canto,dodo,and water systems. storage shah t tpsoil/ ked:and
e) Access to the area is limited to the Intensional regnireptents necessary for:emenvet end
repair or replacement of systems equipmer t:and {'
O The Veiled Crawl&pace may be covered at the top with a waterproof structural lid that
does not have any habitable enclosed space above;and
g) The height of the Vedical Crawl Space shall not exceed twenty-Rao feet(2W,)
(e)Attic
Alm means an area between roof framing and the ceiling framing of the room(s) below. Attics ate
exempt from the calculation of floor area when Ise than five(5)feet six(5)rches in hetgnl
(f)Gas Station Canopies
Up to one thousand EiROG)square feet of gas station canopy droit^a exem d from The ca'wra:ion of
Boer area`ovary approved gas station.
(p)Additional provisions for Lots and Pardels in the Urban Area Subject to
FAR Limlt4
(i) EXEMPT BELOW GRADE SPACES FOR PRINCIPAL SINGLE-FAMILY AND DUPtC)(
RESIDENCES
Spaces below grade shall bo exempt from Floor Area calculations for up to a maximum of four
Thousand(4,000)square feet,provided such spaces comply with the to owing requirements:
(a) Exempt below grade'specea are located below both the natural and finished grades. IF any
part of the balowegraue syaca;5 expasi&above nature;Cr%Ws&geese/such as wYa-o.t
basemed, walla or courts)the online now grade area shall he included In the floor area
Sedans. Exempt Below-grade spaces are no greater than twenty(20)feet in depth and
no more than a single slag, For purposes of;h s definition,story'shin mean That portion
or a building included between the upper surface of a Moor and the upper surface of the
floor next abode
(b) Exempt below grade spares are accessed only by stahway or elevator from Me story
directly above,or through a coo:from a garage ad eceat to iha belew"grede area.
(c) Exempt nine grade span are greeter tau twenty(2C;feet'n depth and no more than
a single story. For purposes of his definition,`story" shall mean that portion of a holding
included between the upper surface of a floor and the upper surface of the floor above.
(CO Exempt below grade spacer do not contain doors to the exterior of the structure.
)e) Exempt below-grade bedrooms are allowed no more than ora (1) egress winnow per
bedroom. Exempt below grade spaces That con;sin ro bedrooms me allowed crly one
egress window. When below grade egress is achieved through ono or more below grade
bedrooms, no additional egress shall na provided Egress window well size shall not
I and Use code ?MIA County,Colorado
July poc6 Pan 17
CHAPTER 5: DIMENSIONAL REQUIREMENTS
5-2a Roles of Measurement
&2040:Measurement ofF4mrArea
wooed the cininum plowed by the intefna=oral Buflding Codelinternallonel Residential
Code.
(C Habitable exempt below grade spnoes may be provided with aggregate glazing area of not
more than eight (a) percent of the habitatIe area of the roma For purposes of this
exemption, 'habitable shall mean a space in a building for living, sleeping, eating or
cooking. Unfinished basements shall be considered habitable spaces Dalhrooms,toilet
rooms, closets, hale. storage or ute:y spaces end sfnidnr araaa shalt not he considered
habitable spaces. Window welts for natural light have a maximum dimension of three(3)
feet from the exterior wap. The maximum window well width shall be no more than the
width of Ins window, Skylights and say wine/m.4Se gazing tam pia^`brio".to bebw Bade
spaces.
lo) i•ouri afon wars for exempt be:ow-g:ado spaces may be exposed above natural and
finished grade to the minimum degree requited by the IRU pertaining tofounuatibn design.
M) Up to ten(10)percent of any particular below-grade wall surface may extend above natural (-
grade so long co rte flrs`,ed grade covers Te wad surface that would othe!wse Lvs
exposed.
(:) Garages up to seven hundred and fly(760)square'eel slay be incorporated Into below
grade space and shall not effect this exemption as tong as the only soertons of building so
exposed ale directly related to the garage structure.
t+) Moor ants celow neural and finished grace yA,'cn exceeds t'n feu: thousand (40 O)
square fool exemption shall count toward the calculation of allowable float area.
(?) GARAGES AP1DCARPORrS
For the purposes of calculating loot area ratio and allowable Poor area for a Pot where the
principle use la single family residence,garage and carport floor area shall be exempted up to a
maximum of seven hundred fifty(799) square leer. Ona lot Mich contains a duplex,garage
and carport floor area and be exempted up to a maximum of one thousand(10001 square feet
Al garage or carport space in excess of the exempted areas shall be included as part of to
res!d:rtie Root area calculation, Wien an existing legal single-family or duplex dwelling
exceeds the allowed floor area,the exempt garage space shad be reumed by&retracting(ha
excess floor area from the exempt garage spade.
(fig Additional Provisions far VC and VR Disir(ats
In lbs VC and VR zone districts only; Spaces below natural and finished grade are exempt tf0111 floor
area cat:eatimw qy Ia a e•aximmn of nine hundred nines/mine(999)square feet of floor arta.Floor
area below grade that exceeds the nine hundred nIefy-nine(53$)square foot e emptor shall count
le the calculation of floor area, To be exempt Rom floor area, below grade areas must meet the
!.`.YEW bq conditions;
(I) The struotuln must bo genuinely residential or commercial.or accessory thereto;and
(2) Below grade areas 611.11 sot exceed a maximum depth of ion(10)feet us measured from Poor to
telling and shat Include no more than a singe story,and
(3) Below grade areas cannot exceed the building footprint of the ground floor,and
(4) Below grade uses are lm,ted to non-habitable uses soon as oaths, !aundry, mechanical ilea,
utility, storage, etc., and shell nut Include garages or any uses that require natural light or
ant alion putsnant to the abpticabie adopted building code;and
(5) No more than one(1)egress niay be allowed and Is to be provided by a window that does not
exceed the minimum requirements of Ylie applicable adopted building code No now exterior
staircases may ce allowed to access below ads mem and
(o) No more than one(1)window well may be allowed,but not to exceed the minimum area allowed
by the=Unable adopted building code.and rot:a be located on the street facade;and
lend Use node --- >Ukht county.col^redo
July 2000 Page is
.c)IAPTER5: DIMFNEIDNAL IMOIREMMITS
6.20:Niles of Muesuremsat
SS;d a0l tkas?iuro7 eof of&31st'totrAroe _�_ , !
(7) the foundaflot wall or Footing may be exposed en more Clan two(2)feel abo79(ixis'ingfjidde;
aid
(6) If any part of file,beide/Ma Specs is exposed above natural AT finished bradb faUch sq Walk- '
AM basemefas,wails of courts)the entire below grade died alma As Included Ir the floor area ,
utdeulagnn;and
(9) NI disband other material excavated to allow for the belowgrade gfea mastbedemoyed from the
sate;and ,
(tri),All below grade areas must beapproved by the Redstone Hiskde Preservation t:ommissipa,to
the exlm;t gut^„.'nes ern etpalicgMe. i
(Cads,3rybed(AIf wires)ay OM.NO.14d,?006:5 ddb 70(part}amenekauy Cr'.af63np4,0?-36-94
Sea 7. .9.70, and the idIIMPing @Nemptions from floor wpm: b lbw-grede space, garage: d ,is
Quip;\ �S.:art to Sec.t.23-7''.(g)(1 and 2), Gross enx eyed measu-es+e'9 exe'bdes b ,and �(/
goof area :s exenbl from the calculation of floor area pursuant to Sec 0-30-140 a • ., o, 5-20-
70(a-e),nese- ely, �) !
fesdenvtecd(erta • sday pe.C:TO.ads;yed reffae4 addraferfauot sib s 432 ,
5-20-90: MEASU' ' ENT OF USAIN.E OPEN SPACE ,'UiaBie gPeit spa(sllea. -d ast mt perfion pf the Int or parcel 'ca.p;ed by sh'cres,'sm I
exoluding rights-newsy,sfrals, Ing areas,end slopes over IN b)percent.
5-23-100:PERMITTED ENC` CEMENTS INT ' ' 'RACKS FROM ROADS
AND PROPERTY LINES N.\ '
M Czas ffng e f-ond,s3'4, ",d rear yard se(b the -menial deter)*bekLeea the lot lire and the
ctosbst pro(dctlah of the pdncdpal or access() .'aures shah be uses. Required front, rear, and ,
side setback areas shall he Uncoupled and ' - led from the natural grade skyward,except as
p'efiNed below:
(a)Changing existing grade fess thw iffy (30) Inches nelghl as measured above or below
na;rtal grade:uagovered orebes ..s, patios, terraces, : steps, ddeks,ietalning walls and I
sillier eblttwes that do not ex,. itarty i 3)moons amve or _. nal ra!g;ace—as'ss:f"_i":^:
(b)gdveways and Assoc .: retalnIng walls that d0 sot extead die - est In helgh(as measured
abuse roe,ccw:he,na •-grant
(0)Sancta and ., s used a4 fences as provided in the defindion of"the . •'meth" wihfill
n s
I seam.
(0)Be s5,. et do not exceed four(4)feel in height as niedsptcd from the ryutuwl gra -
(e i tees, fume used as fences, beans, hedges, r e;EW.obs:emtons e-ecle A^ n , sed
wmyolalona212n10 •
t ntld Use Cdda __—..—. —�.� —..—.—... P1tNLl Caun(y,API!radn
.pc)2aes fee f9