HomeMy WebLinkAboutbocc.con.321-2018 - BOCC CONTRACT
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,AUTHORIZING ACQUISITION OF JOINT INTEREST IN
THE RED HILL CONSERVATION EASEMENT
ORDINANCE NO. ol5 -2018
RECITALS:
1. Pursuant to 30-35-301 C.R.S.,the Board of County Commissioners of Pitkin County,
Colorado("BOCC"),a home rule county, is authorized to make and publish ordinances
for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter("HRC"),the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources,and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
4. The Open Space and Trails Program is charged with preserving open space lands and
protecting egress to the same.
5. Red Hill is a valley wide recreational asset that is utilized by Pitkin County residents,and this
acquisition will protect and enhance its recreational features.
6. The preservation of Red Hill will also protect the rural character of the Roaring Fork
watershed as enjoyed by our residents and guests
7. The Pitkin County Open Space and Trails Board recommended that the BOCC approve the
proposed Ordinance.
8. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of
Pitkin County.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an ORDINANCE AUTHORIZING ACQUISITION
OF JOINT INTEREST IN THE RED HILL CONSERVATION EASEMENT and
authonzes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of
the County Attorney as to form,execute any other associated documents necessary to complete
this matter. Further,that the Chair or the Chair's designee shall be authorized to:
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/� RECEPTION#:652025, R $0.00, D: 50.00
Ordinance
6 -2018 DOC CODE: ORDINANCE
Pg 1 of 33, 11/16/2018 at 01:18:27 PM
Janice K.Vos Caudill, Pitkin County,CO
1. Approve an expenditure of up to$150,000 for a partial interest in the 25 acre Red Hill
Conservation Easement and transaction costs up to$5,000.00.
2. Execute the acceptance of the deed of conveyance upon approval of the form by the
County Attorney.
3. Execute other documents as necessary to complete the transaction upon approval of the
form by the County Attorney.
4. That adjustments be made to the year 2018 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous This Revised Project
Budget Change Budget
Red Hill Conservation Easement Acquisition
Acquisition Cost $0 $150,000.00 $150,000.00
Estimated Transaction Costs $0 $ 5,000 00 $ 5,000.00
Total Expenditure $0 $155,000.00 $155,000.00
INTRODUCED AND FIRST READ ON THE 14th DAY OF MARCH,2018 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 281 DAY OF MARCH 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF TjIE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /-1" DAY OF
u.c,Ft, . ,2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL,p]TKIN COUNTY WEBSITE(www.pitkincounty.com)ON THE
/h DAY OF '1/vA.c. 2018.
ADOWEED AFTER FINAL READING AND PUBLIC HEARING ON THE_;27-t4" DAY
OF f1'4 Cu-LQ, —2018.
PUBLISHED BY TITLE AND SHORT SU Y,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 5-dc DAY OF v e ( ,2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(www.pitkincounty.com)ON THE `A - DAY OF N1 i.�-..L ,2018.
Signatures on next page
Ordinance 6(7 -2018
ATTEST: BOARD OF COUNTY COMMISSIONERS
i
7 I, �J
BY—:74V1/I/7 .iV. j/ ; v'a By:. COW:, C14-.1('a°^
Jead¢¢tte JonesPatti Clapper,Chair 1
Dep14ty County Clerk
Date: L3 -a8-30(8
APPROVED AS TO FORM: MANAGER APPROVAL
kLJoh241,1---
John
n Ely,CountyAttoorncy Jon Pe. k,County Mianager
Open Space and Trails
Gary Tannenbaum, Director
Ordinance Z.)/ _2018
CONTRACT
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NOTICE TO TITLE COMPANY: Division of the property subject to this Easement is
prohibited in accordance with Section 7.1. This Easement further requires $1,000.00 he paid
by the recipient to Aspen Valley Land Trust or its successor at the time of every transfer of
this Property, as described in Section 16. This payment ix exempt from the transfer fee
L restrictions contained within CR S. 18-35-127
DEED OF CONSERVATION EASEMENT IN GROSS
Rh'D HILL
Gmyield County
THIS DEED OF CONSERVATION EASEMENT IN GROSS ("Easement") is granted
this IHh day of J,,c9 _, 2018, by THE TOWN OF CARBONDALE ("Landowner") to
and foi the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation
having offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the"Trust") and the
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body
corporate and politic ("Pitkin County"), as co-grantees (the Trust and Pitkin County arc
heiemaltei collectively referred to as the "Co-Grantees" and md:riduahy as a "Co-Grantee`)
(all the parties are referred to collectively as the "Parties"). T he Trust is hereby designated as
"Lead Grantee," defined in Section 21.1 het caner.
1 he following exhibits are attached hereto and incorporated by reference herein:
Exhibit A Property Legal Description,
Exhibit B Map of Property,
Exhibit C' Survey,
Exhibit D. Description of Activity Envelope,
Exhibit E' Red Hill Road Realignment Conceptual Design
RECITALS
WHEREAS, Landowner is the sole owner in fee simple of approximately 24 99 acres of
real property in Carbondale_ the County of Garfield. State of Colorado, more particularly
described in Exhibit A and shown in Exhibit B (the`Property")
WHEREAS, the Aoperty possesses open space, natural, scenic, and recreational values
(collectively. "Conservation Values")of importance to Landowner,the Co-Grantees,the people
"y of Garfield County, and the people of the Stare of Colorado that are worthy of preservation,
J
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Return to Aspen Valley Land TrustC 320 Main Street,Suite 204
I $j 32ii ale,CO 81623
97D-963-8440
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WHEREAS, the Censers anon Values of the Proper} are more particularl} described in
the Baseline Documentation, described in Section 4 herein, and include the following
conservation purposes, the protection of which arc recognized for qualified conservation
contnbutiona under Section I70(h1)4}(A) of the internal Resenue 1'ode of l9%6. as amended
("IRC'), and under Section I 170A-I 1(d)ot the Treasury Regulations
• Open Space Reg 5 I IlUA-141d1140 The Pioperty qualifies as open space heeau c ii
ss d?to pre>ert ed to:the Nevine en7o} tent and it w CI :• eld a significant pubic benefit.
Scenic En'ovmcnt the Prop,ns aids to the scenic character of the local ;andscapa in
which If Ines and pros ides a device of openness, contrast and vanctt to the co,crall
landscape The entire Proper :, is visually accessible m the general public Son
Colorado State Highway C, Colorado State Highway 133, and Counts Itnad Ill7
which are open to and actn dv used bs iesidents of Garfield County and Me Stave of
Colorado hi patticuiar, the Property includes the lower slopes of the thee of Red Hill.
visible (Torn the oughaut the Town of Carbondale_ I he terms ot the Easement do not
permit a degree of mtmrinn or haus development that would interfere with the
essential seems qua lit> of the land
(_o‘emniental (policies Conservation of the Property is promoted by local, state, and
federal goverrenZ111.31 including the goals and policies of the Torn of
Cathondalc and Garfield County 1 he lass and regulation. of the Stale of Colorado
mid the 1'lifted Stases support conservation of the fwperty relapse to ns scenic and
natural area sallies
• Significant Public Benefit. fhe Property's unique location at the entrance to
C'ai bondalc. and ad;acent to a popular public mcrealon area, mean that tt is
important to the local landscape arid will pi Ovide significant ren eational
resours us to the general public that attract tom ism and commerce to the area
It is los ated adjac em to the town of Carbondale in Garfield Count y where
thete is unensc development and des elupment pressufe in the vicinity of the
Property, The Property pro' des relief from proposed commercial
development at the entrance of Carbondale '(here is a strong likelihood that
deve'.epnre'v of the Property wo;id contribute to degradation of the seeraC and
natural character of the area Piesenut ton of the Property will common to
Fronde an op^or-unit} chi the general pubic to appreciate its scenic salue-
and to gain access across the Property to the adjacent Bureau of Land
Management (RI M1lt Red 1li',t Recreation .Ate:,defined below
• Recreation (Reg s l 170A_141d42this Pmperts :s intended for use hs the genera'
public and to provide pubhe access to the existing B1,NI Red Bill Special Recreation
Management Ai ea l aka 'Red Hill Recreation Are;i'i, located adjacent to the north
boundary of the I',operty This property has plans for public trails, w Inch will link
adjacent publicly owned open space with the Property-
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WHEREAS, Landowner intends to comet/ to the Co-Grantees the right to presence and
protea the Conservation Values in perpetuity and the Co-Grantees agree by accepting this grant
to hone, the intentions of Landowner stated herein and to proses e and protect in perpetuity the
C'on.e:t anon Values;
WHEREAS the 'trust is a chantaHe argamzatnn: as dcscdhed in WRC §AO (c)(3 r, and is
a puhhdy-supponcd organization as described in IRC t 171)(h)(1)(A) whose primary purpose is
to pemtanen'N pinsene and protect the natural. sceic, aLrr.ultural, li sim.cal. and open space
resources of the greater Roaring Fork and Coloiado River Valleys, and who is a "qualified
otganvanon' to d„ so a ithm the meaning of IRC ;I 7Ct;hX3), possessing the resources and
commitment to protect and defend the sonserNi non purpose. of this grant,
\\ HLRhAS, the Ruud of Directors of the Dust has dully authon,ed the Trust
Mecum uim e Dues tot or het deaguce to corrector.' and accept this Easement on behalf of tho Trust.
WHEREAS. the Board of County Cornmr.siotters of Pitkin Creamy. Colorado is a bode
corporate and politic and is duly outhunted to execute and accept the Easement
AGREEMENT
NOR, THEREFORE, ui co ns idetati on of the matters above, tic mutual CO\enant s,
tarns_ condition: and restrictions contained herein, and other good and v,d;.able censiderat ci .
the receipt and sufficiency' of ss Inch ate hereby acknowledged. the Parties agree as Poi Lies
1. Genyt
t andow net hereby voluntarily and in e:ocably grants and corn eys to the Co-Grantees
this unrestricted gift of a perpetual Conserv anon Easement in gross ('Easement ) over and
across the Property pursuant to C R S 3fl tp 5.101 c( seq.. through the terms mutually agreed
to in thus Easement. and to hold said Easement unto the Co-Grantees and their successors and
assigns fie'cr pursuant to the terms set forth hei ern I rmdns\nor agreed that the donation of the
Easement gn es rise to a property right. immediately vested in the Co-Grantees, which shall
cc nshtute a binding servitude upon the Ptnpert' and .hall he subject to prior rete nration c,
casein:our,encumbrances and exceptions til record. except as oti;enrise set luteh herein
2. P(RPUMLS
Pursuant to the terms of C .R S. S';',:38 30 5.101 ct sec , the purposes of the Easement arc
to .n.ore that the Property \silt remain tore%er predominantly to its scenic, normal and open
space c nndmun, snhl vet to the uses of the Property permitted her curider, to protect and preset ve
the Censer'at uw \'al res tit perpetuity. a, prey cnt any use of the Property that rs inconsistent
the preservation and pritcehun of the ('once ry anon Values and, in the es crit of then deli Motion
or demm hon, to require i est m-at iott of such C unservatu.nt Values
1 he purpose of this Easement is to pursers e and protect the Conserv atm Values of the
Property in perpcmity, ;acted hereafter in order of priority. The C'ouser'sanon Values are
priorinted ni order to guide the perpetual protection. enforcement, and management of the
C'nser.anion Values over lime pursuant to Sections 7 and 12 herein: and the approval.
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ntnendment and temrination requests relating to the preservation and protection of the
Conservation Values pursuant to Sections 11. 19, and 14. respectively
The pr:maiy purpose of this Deed is to protect the Property's open space and public
recreational t al ues; the secondary purpose of this Deed is to protect the Property's at enic and
iattral value at h:a: provides sremficant pun(:,; benefit (This paragraph colter-Da cly defines the
"Purposes")
Should the Property's use for the piim;ry Purpose become impossible to aeluet e, the
Property shall ami roue to be pi ote.ted Cor the secondats Purposes, and remain available Pei C.c
prima]y Puipuse Should the Pi opet p''s use for all of the listed Purposes become impossible. the
Parties shall prow ed m aecw dance with Sections 14 and 15 belov and consistent with
applicable laws, to continue to honor the onrmal Purposes set nut for protection by this
basement
3. I\lEr 1
Subj.vt ;o the expuess tsenalions and prohibitions &setdied in Section 7 below. the
Parties' intent is to penmt all uses of the Property that are v(irisutetit vv nh the Purposes of the
I.aseincet tdefined above) as determined by the Co-Gumtees in then sole disci exon, Nothing in
this Easement is intended to compel a open lis use of the Property other than the preservation and
pr,tectton of the Conservation \'a'.:.
4. BAIFLtlF DO('t?If\I Al EPN
The Parties ocknoa ledge that d Baseline Do nmu•ntatron of the ('enervation Values and
teles ant reunites of the Piope:ta has been pre;uted on April 30, 2014 by Colorado Wi:d9re
Science, a company la m)i.r with conservation easements, the Property. and the ernIrons, and i.
!m file \kith the Parties and incorporated her cm h} reteruicc tthe "Baseline Documentation71
1 he Pani es and Landow nci acnro wledge and agree that by the exec a or of this Easement they
dpprot e, acknowledge, and accept the Baseline Documentation as an acv urate 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
e n harm of the Property sl:culd a controversy arise over its u e
5. RIGB1S OF TEAL CO-GKKS-I FES
7n tultiIi the Purposes of'this }'easement, Landowner hereby conveys to the Co-(ii antees a
niocerty ::ght and interest in the form of this Easement, u!a.h mmted:at-h vers iuth the ('o-
lhantees las ne]ced u] Section I and stipulated in Section 14 :. herein), and includes the
follow tug ntflrmaIlve tights
5.1. All development tights deriving horn the Property in any way ("Co-Grantees'
Des elopment Rights'', except those expressly reserved by I andowner in Section 7 of this
F asement The Parties agree that Co-Grantees' De elopment Rights shall he held by the Co-
Grantees in perpe rah in order to fulfill the Puiposes of this Easement, and to ensure that such
rights ate forever i eleased and terminated as to Landowner; such De‘elopment Rights shall nut
be utilized by the Co Granters on or off of the Property:
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5.2. The right to preserve and protect the Conservation Values in perpetuit
5.3. The right to enter upon the Property at least annually at times agreed to mutually
by Landowner and the Co-Grantees to inspect the Property thoroughly, to monitor Landowner's
compliance with. and otherwise enforce the terms of this Easement, nu agreement shall be
required in the et est the Co-Grantees reasonably believe that immediate entre upon the Properly
s essential to pre tint or mm gate a v relation of the Easement,
5.4. The right, a, an interest owner in the Property, to prevent or enjoin Landowner or
third parvo (whether or not invitees of Landowner) from engaging in any activity or use of the
Property that is inconsistent )with the Purposes of the Easement and the right to require
Landowner or third partes, as may he responsible, to restore such areas or features of the
Property that are damaged by any inconsistent activity or use, subject to the quant-remitens of
SeLoon 13 5 herein,
5.5. 'Tu plass and maintain on the Property a sign or signs indicating that a
conservation easement is held by the Co-Grantees on the Property, and recognizing donors to
this project and conservation partner s. The site and number of the sign(s), and the location,
design and content of such signs shalt he mutually agreed to by the 'Trust and Landowner in
accordance with applicable signage regulations and the terms of this Deed The Trust shall be
responsible for the maintenance of any such signs, except those installed and maintained by the
Landowner to garde public access rules .red regulations
5.6. The right as an interest menu in the Pt operty, to revere notification from and
join Landowner as a part) to any condemnation or eminent domain proceedings affecting the
Property (as described in Section 14). or to any leases, surface use agreements, damage
agreement: or rights-of-way that may he proposed, granted or required hereafter as a result of
mineral developmem (as described in Section % 7.1:) or other activities with the potential to
impact the surfae of the Property or its C onsern anon Values, and
5.7. Art other rights that the Parties may approve consistent with the Purposes of the
Easement, including adding additional purposes or defining additional Conservation Value,
6. RIG11 I S OF I A\Dllw\f R
Landow ncr reser'es to itself and to its personal representatives, hens, successors, and
assigns, all rights and obligations ace nit nu from it, ownership of the Property, including the neht
to engage in Jett ities and uses of the Property nut prohibited herein and that are consistent with
the Purposes of the Cscmcnl pursuant to IPC $1700-m-P and C R S g3S-10 S-102
7. PIio111R1 I El)AND FERMI[[EL)USES/RESERVED AND RES ERECT ED RIGHTS
The following uses and practices by Landowner though not an exhaustive recital, are
either permitted or prohibited by this Easement Certain uses where Indicated, require notice to
Co-Grantees or approve al from the Co-Grantees according to Seatouns 10 and I1 Any other
activities that arc inconsistent with the Purpose of this Easement, as defined by Section 2, or with
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presenation and protection of the Conservation Values, as described in more detail In the
Retitals, are prohibited. I.ando sner shall request the Co-Grantees' prior approval for uses not
rxpl csly de•cuhed hetero when there is a question as to their consistency tt ith the Purpose, of
114, F.aicr.unt
7.1. Division of Property Landowner may not divide tit ,ubdn idc(including de tat v+
whdn Pwn) the Property into more [Iran one parcel of land At all times the Property shall he
owned as a single parcel subject to this Eatemet, unless otheiu re approved by the Co-
Citantces Ownership of the single parcel by Joint tenancy or tenancy m comniou is permitted,
,a et c:.a.ions to part: t o ti: condommmmrize the Property r-t e prohibited
7.2. 'morns entente_ The com.tniction, location. ielora-:on or eapanuci of any
structures of iInprntcments (defined as pci in anent or temporary stolid-in es cm other physical,
human-oil ti oduced development of or on the Property is prohibited on fiat Propeuy, eecept as
ollows Ili tint Section
A Residence: and Buildings Residences, l existential structures, and industrial or
cowmen hal buildings or stiucline- ate piohihued on the Property
B Impervious Swhrces. Impervious surf aces are materials that do not allow tt ate: to
perea:a:e into the soil on the Properx 1 his ins lucks,bat i,not :invited to. permanent.
no mscasonal tooflops, and conch etc and asphalt surfaces. limpet.ions surfaces arc
prohibited outside of the Activt} I-!:t chq•e described below. aniecs othera:sc
appmted by the Co-Ciiantees for the purpose of furthering public safety, wimnwln
encs a n m toaklall hazard of tett e: .a:,ilar hur)vs:s
C. Acta rig Fntelope Laadownei retains a 4.29-acre dtstttrhace enselope, as
legally described and shown on Pchihii C hctein (the "Activity Envelope'), for the
putposc of servicing and cuabitug public use and emotnent of the Property Within
the Activity Envelope London tier may engage in all nonindustrial and non-
commercial uses then permitted by applicable laws (as defined in Section 21 1 and
referred to hereafter as "Applicable Laws ) and consistent with the Purposes of this
/easement, Including but not limited to don.uuction of trails and a trailhead, parting
let, tandc:a;nae, and grading The ti R:owmc atm:ctures and m:prusements are
specifically pemutted or prohibited tt Rhin the Activity Envelope The Landowner
assumes all te<potisib Itty for Loristn.ction, ,ngo.,p asa.riena ice, and liability, to the
extent allotted by Colorado Intl and t onsP(ent with the immunities, defenses 01
hnntaral:. on 1:lbll u} lie orgy dled m (tycoon 13 _. helot.- assoc:atcd y,ith such
maple\ements, and ago es to make best efforts to ensure the Property and
nnprot emends located thei eon are matntauted in a;ate,clean and usable manner.
.x Putt-Brietal .Striwt irec and Inniruve tent'. frail-related structures (such as
trails', trailscads, fencing. trash receptacles. restrooms or port-a-pots, a picnic site,
twerptetit c and directional signs. ardor a gazebo or plane shelter) are permitted
within the Acta its' Ern elope in order to facilitate passive retreat On use Willie
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Property and pro ids public acce-s to the Red fall Recreation Area, The carrent
plans underway to design and build trails both within and beyond the Acut ay
Envelope to connect the property to the existing Red Hill trail system, as more
parnruiarly described in Section 7 '.' F, below, are approved as of the grant of this
ha,cutent. The locanun and desten of additional public trails located outside the
Ado ay Envelope shall require appux al by the Co-Grantees prior to construction,
in accordance w all Section 7 2 F, below
h hula tot Lot /mil !'nderynan /,✓slap; A dot of gi aveI parking lot may be
et-minnows' an Ma imvet bind: knelt of the Activity Envelope fie the
purpose of pros idmg tradhead parking to the general public, and a Conneetion
ria) ;4;a be umstmetcit within Ow A:t,vity Envelope to link such parking lot to
the new tradhead described in Section 7 2 F, below, and the design and
construction of such parking lot and if ti!heail corms.non shat] not roquire
future apps ON al from the Co-Grantees Such parking lot di all not be paved oo
expanded to the impel bench of the Activity Envelope without aapmeai of the Ce-
Gianiees In audition, the Co-Grantees recognize that in the future, a highway
Linde!pass or merpass ma> he des able in this locnhan. in which case the
Aims It s Envei opo may be used a. a landing site for such over- or underpass, upon
notice to the Co Grantees, pros ided public access to any east mg trails on the
Proprrtv Is iiot blocked or rnirnned as a result
R4 lid Re rlaynn cit, Landowner reserves the sighs to urea part of the .Activity
Entelope to realign a pomon of ( aunty Road 107, which hes adjacent to the
Property, o: t?authorize Garfield Cousin :0 use a part of the Activity Lu'chops to
conduct the realignment. in order to impt aye safer cant erns on the :lad, upon
notice to the Co-Grantee:, The pians for :calsgarnent of a poi:on of County R. a:
107, as they eurtently exist in ciralt conceptual form as shown on Exhibit F. are
apprtc ed a, of he grant of this Eisen-1,11r, induding road construction, storage,
and rcmos al of mad material. such that Lnndownet may use the Ac us pt
Ern elope tot temporary storage of toad n IterIll the('o-Grantees agree that !herr
approval of theca Mon plans shall automaticalh, witbout further consideration,
fevie" or approval, extend to auc final plans, including all alterations ,n
modtacatii ns to :he draft plans that twat: horn the Landowner, Galrield County
and the Colorado Deportment of Tt ansportatit'ti's completion of their
comps cher>ihc de,::gn and engineering processes, in the merit fimhet or
additional road teal gut iont is dewed at the future, Landow nor may use the
Acuity i-:aclime fop fel-trota:3 sicaage of road material. upon appraisal ci the
Co-Grantees of a plan regarding cath road construction, storage and removal of
road l:iateria1
4 Ste tc d4ammo t'ulitic+, Stt itet:el sty and Lmprutenaems. Landowner mar, int ate
additional minor structures, tel piney, and utilmes within the Activity Envelope to
a manner consistent with the terms and purposes of this Easement in order to
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enhance public safety and fat.drtat; recreational use of the Property, includlni' but
not limited to lighting. electric lines or solar panels, and water well; and lines..
U tencpog New or replaced fencing i, pemutted on the l'roparly in a manner that is
compati hie with the movement of the wildlife across the Property- except as
ne.caSmp to pre)etu wildlife lana Quieting the highwatt Right-of-Wa) or mhei
daI gelons at eaS .1uy di turb.mce to the properly that results flint sueh fence
maintenan:c or cenairuetion shalt be ne ct ted within three months. season permitting.
or as otherwise approved by the Co-Cit amens so as to prevent the spread of n ceds
Fencing along Property bocadanes that deementally affects the general public
uvua! access to and across the Propel ty is ptohthited, except within the Act'ity
Ent n6 sge
It, Roads and Access Easements f heist are nu exrrng ;cads on the Property A
parking lot and a portion of County Road 107 mac be located across a porton of the
Ac to dv Envelope in ac cm dancc with Section ' i C above. and an appropi tate Ptyht-
oi-R•ay or accoea ecaernent rna be granted across the Ptoperty as neceu.ny and 1n
connection with the such parking lot ,rod public toad, loge)er, no other load; at
roadways are permitted on the Proper).
Ficils The devciopmi nt and use of non-motonzed foot and hike paths are
petinttted on the Property in order to access the Red lick] Recrea tun Area m a manner
and location Ike mnln:nsz,, erosen cod tint Ire.m,.0 to toe I'ropzrt is natural a. ,.
seems Values 'Ph: rurrcnt pians underway to design and build trails "(thin and
he cod the Aetia h Envelope to connect circ pmpem t:• the zzutme, Red Hill sad
syst:m are apptovcd a; of the gt,mt of this Easement the Cu-Grantees ago ce that
such appunal includes tie construction u: up It too multi-use tads tint can
accommodate pedestrians. bike, and horses and one pedestrian trail alignment. all of
which will contact to the exertion Red Hill nail system. and any trail-related
structures, and shall automatically, without further approval extend to any final plans
that result honk the design process and public outreach efforts In the even; further or
additional trails are desired in the future, Landon tel must inquest approve al of the Co-
Grantecs of a plan regarding such trails I he design and location of fume mills must
ae app:oved Sc the i'o-G:aEtees prior to constractton lnipervinus sot faces. t,ulvell .
and grading; mai be used in trail design and construction only to the degree necessary
ht protect ann.: erosion ntekfalihi. arils. all ot!:rr pebhs safety and ern ininmental
wuccrns
G Recreational Sinn tures and 'mono ernenls Outside of the Activit Envelope,
Int-impact (defined in Set two 21-' herein) re:matro:oil sir ucatics. =uch as 3
tratlhcad. piton tables, picnic shelters, benches. kiosks and trail signs, are permitted
in a location and manner not darnagmn to the Conserv atimt l'aluas(or as appros ed by
the tib-firantee.si. Permanent, roofed, or high-impact (defined in Section 21 l
structures or iniprovements are prohibited except as permitted within the Acta try
bat elope
11111WOMIIV,P!l1ErMeliMlktikP:4FnIl R*114 UIIII
Reception#. 907838
06/12020+6 09 15 26 AM lean Alberto°
9 o! 30 Rec Fee $159 00 Ooc For 0 00 GARFIELD CCaatr CO
II Utilities and Renewable Enernvv 'technology. Utility lines as permitted by
agreements preceding this Easement are permitted Locx-impact, renewable energy-
generating stmcture,s neons defined in Section 21 I herein) are permitted as
necessary to facilitate the Purposes of this Easement. such as roof-mounted solar
panels. or solar- or wind-pn\vei rd pumps Commetciat production of energy or the
onneeh on of re nett able energy-t'e sealing Stru etut es to the power grid requires the
Co Grantee's pi h w appiO\ul
Lsr:io\t ser shall prorapth reseed and restore ary sartace impels than result from the instahaaon
or mainlunance of any above-described unplovementc to as close to the Property's original
gond::em as noscthle with tin cc months. a:at per:rrpmg, lir :n oi.heiwise apprised by the
Lo-Cit ant ccs
73. Natural Resource Management Land Use Landowner recognizes the
miportance of good resource management and stewardship to preserve and pri tees the
Conservation \:dues At-col(Jingly, Landowner agrees not to alter the topography of the Promriy
outside at the ActIc try L:nt elope through placement or rcr n%al of soil, grit el. land fill. of other
material,. not to impair or disturb the relatively natural habitat for native plants. wildlife, rn
ecosystem 011 the Propctas, except (a) as rice es wry to emcrgcncics including wildt ire, flood
and i-md:Iid.. (Or ac apps iced by the Co-(name- and arty requited permitting agencies for
h ib flat enhancement or Iestoratr0 ti purposes, of p11r.stianI t0 an malltigelnent plan, (CI a,
n:CCssauy ter nnprot c^xn:s descrbcd i i section 7 : ahoy. :rid tdi s necessary lot use)
tie,cribed in this Section ' 3, below. No >urtace alterations may be made that damage the
Coe-err atop Values
A Weed Co:itt ol i ande\rner ayicc. to Connr1 :;o\:sus \heed, and in.asnc pLn:
species on the Property in accordance ).v111 the Colorado Noxious Weed Act Ii unuary
Ngit) as amended. find other Applicable Lan:. and sh till nut nmvnonally
Introduce noxious needs or imasr.c species to the Ptop.rty
R
Off-Road t'se of,Vehicles f-road use of mot if vehicle. i, pctmined only as
necessary for pro pct ty maintenance and the construction, b eatiun, relocatrun,
expansion or ma mtenance of any cit uctu res of Improt emcut app:a-red in Section 1.2,
atm c, in a scanner that docs not result in tutting, etosiou. or danagc to the natural
eco stains ar .ce:::c a;lies of the Property, and as nece>:arp in et'urgencies
I-Ccere:mou,d and public use ofotfauad \chicles is prohilnted on the Property.
(' Trash, Uungnng, Slo�age and Staging dandumner shall nut dump ti patnlanently
ecu tnnu!ane trash, garbage. .seen, pile, from street clearing, or o:he: refuse on the
Properly. 1 he Puppetry may nut to used for construction staging or materials stora,re,
except nn a temporary basis as necessary to construction. location, relocation.
expansion or maintenance of the inq mvements permitted het em.
9
Li 1.1:4 ii{t1'inpilli'WN4 lIfilwLfliK0.14 11111
Recept semi*: 907938
05'11,2,118 G9 '5 29 eR Jer a:be<<cc
.0 9e^ Fee $,se CD too Fns 0 DO GfRF iEiO COUrITY CC
D. Mining and Minerals. co the h..\`. of the Patties' knowledge and belief, their is
no current or past history of minimal development or nlining on the Property, and
I.andow net owns all the inuietals as>onated with the Property. Mining, quartstug,
drilling. boring, or exploring for or re!ulw mug oil, gas, minerals, rocks, stones. gravel
or earth (collectively hereafter `minerals') on or below the Proper)} is prolnbued,
L,o down r shall not sell, (case. transfer or separate from the Property any mineral
rights as of the date of this Easement giant, but should a third party mineral right:
holier require surface oi yob-sarfaec ueces\ to minerals on ou below the Property,
Landon nem apices to notice the Co-C,amici; and include Co-Grantees as a party to
neNtlaiuns min.en: :eases. surface use agreements, damage
ag(gement.. nr other !elated mineral ,igrecumnts lcollect'vely hereafter "Mineral
Agteementi') Mat :nay oaten the sinnacc nl the Properig o: :14 Cnmen'a inn Vohies
IJneluduig ground aid surface water re sours es) Iur the purpose of protecting and
piescn mg to the extent possible and If nccessa!y, restoring and iemediating, @:e
Conservation Values. the Co-Grantees shall claim no rights to proceeds o: r<pallmes
nom ,ms permitted nunetal des elopmeat and Landon ner shall retain sole e\et ution
authority fin all permitted Mines a] Agi cemeub. provided the Co-G!antees have been
piped} notified and pmoyided the apponunitV to pant, spate in negotiations lbr >uch
Mineral Agreements
F. Future Non-Sm'ace NI:metal Deo elcpment In accordance with Section 5 f..
I.:widow ner shall notice end obtain the consent of the Co-Grantees prior to engage, ig
in e1 err erne Mb, <mt man-s=unlet occupancy :mineral development. amts. pools,
leases. or agreements affecting the Property or underlying nnnerate, ',stitch
decoment, L,:,a.,e:, and agreealt is ''.Mier : Agreement' or "hlmc:al
\p roetucnls ') ,shall be submdina to to this Easement, shall reference this P.asement.
and swrnro ani• the re<t:aitins cit this paragraph
F. Water Rights 1 ate nu neater rights included 1n or encumbered by this
Lxne!nenl.
G Commercial and hndumomal Ac[n!tics Landowner shall nut conduct unnnleiciai
or industrial activity on the Property, except in a manner consistent is irk the terms
and Purposes of this basement
Ii Re:reanat) Passke sou-:i,aoazed :creational noes such as h;klog horseback
riding, mountain hiking. pa.nickme, and wildlife stewing are penniucd on the
Prop:ay in manner consistent '.suh the Immo) and Purposes of this Easement. Hunting
and public or commercial shooting ranges me prohibited on the Property in orde t In
presenc puboa safety and quietude.
Nothing permitted by this Easement 01 apptoi ed by the Co Grantees m accordance a ith tins
Easement constitutes app'oval by any goi.emmcnt nr rek1latuiy agency for construction.
dcs elopment or land use. nor dues any permit or Approval granted by a government or regulator,.
agency meanie dm tem ins of this East menta Landowner retains respnnsibi lity for obtaining and
10
1ii110111“1�ra�IINVIMMIVAL hivi,11111
Reception#; 907838
OS+,2@e+9 09 28 an Joan Raw w
bo
et 30 Rei' Fee S'<9 pp Dos Fee C :3 GARFIE.7. C7STr CO
tomplying with all necessary permits and Applicable Laws before engaging in uses or activities
permitted under this Easement.
8. PUBLIC ACCESS
Landowner intends to and shall provide substantial and regular access to the public on
this Property via public trails and other anunities that may be constructed in the future, which
amenities are not required Upon the opening of such trails or amenities to the public, I.unduwne,
agrees to make best efforts to maintain the Property and its amenities in a safe and usable
condition for the general public. If citcumsomces or conditions arise that prohibit the Landowner
from pros iding public access. or warrant temporary or permanent closure of public access due to
landslides, floods, fires, or othei unsafe conditions, Landowner may enact closures or other
measures necessary to protect its Property and public safety until such circumstances or
conditions may be cured 1 emporary closures and limitations on public access may also he
enacted by the Landowner as necessary for construction or mainten.mee of the Property and its
amenities. or to protect the Property, its amenities and sensitive ecosystems on a temporary or
seasonal basis In the event public trail access is closed or limited for any duration. Landowner
shalt notify the Co-Grantees, and ensure that public access is provided under all reasonable and
prudent circumstances Landowner shall ensure that any public access is consistent with
Colorado's recreational use statute CR S. § 33-41-101 et seq.
9. REPRESENTATIONS AND WARRANTIES
Landowner represents and w atrauts that, to the best of its actual knowledge, based upon
its re,kw of the assessments and reports provided to Landowner by the Trust, including the
Mineral Assessment Report and Transaction Screen Process Report'
9.1. Except for fuels customarily used or transported in connection with agricultural
and construction activities; no substance defined. listed, or othenvise classified pursuant to any
federal, state, or local law or regulation as hazardous, toric, polluting, or otherwise or
threatening to humor health or the environment exists or has been used or released on the
Property,
9.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in compliance
w::h Applicable Laws;
9.3. Landowner and the Property arc in compliance with all federal. state, and local
laws and regulations applicable to the Property, and Landowner is not aware of any existing,
pending or threatened litigation affecting or relating to the Property;
9.4. Landowner has good and sufficient title to the Property, subject to the exceptions
listed in the Special Warranty Deed from the Trust to Lanowner dated b'Q/It and recorded in
the Office of the Garfield County Clerk& Recorder on b11111 at Reception No. 3011 2- .
and has lawful authority to grant and convey the Easement. and that Landowner shall warrant
and toie,.es defend the tttle to the basement against all and every person or persons lawfully
11
1IIIrilili AP L' II:liiYN!NTNi MIN liWri 111111
ReceptIontt' 907838
0 09 15 26 PM Jean
1: of ID RecFee $15800Doc Feee0 00 GRRRI
ELD COUNTY CO
claming by, through or under Landowner, the whole or any part thereof, except for rights-of-
w,n, casements restrictions, covenants and mineral reser ations of record
10. Nonni OF I\this TION FO f1NDERl AAE C'FRTAI\ PI R]IITTED ACTIONS;
REQUESTS FOR APPROVAL
the purpose of acquiring Landowner to notify the Co-Grantees before undertaking
certain aeti ales and uses of the Property. as identified In Section 7 or elsewhere in this
Easement, is to afford the Co-Grantees an opportunity to update its or their records and, if
approval is required. to ensure that the activities in question are consistent with the terms and
Purposes of this Easement Landowner shall nonce the Co-Grantees and seek the approval of the
('o-Grantees according to Section II below, for proposed activities or uses not described herein
when there n a question as to consistency with the terms or Purposes of the Easement or
protection of the Consen anon Value; Whenever notice and the approval are required,
Landowner shall notch the Co-Grantees in w riUng not less than 60 days proi to the date
Landowner intends to undertake the activity in question, and describe the nature. scope, design,
location. timetable, and any other material aspect of the proposed acts ito in sufficient detail to
permit the Co-Grantees to make an Informed Judgment as to the act,'ity's consistency with the
terms and Purposes of this Easement \Vhenes er notice is required without the Co-Grantees'
approve al. Landowner shall notch the Co-Grantees m wrung not Iess than 30 days in advance of
the proposed at.tis tit, unless this Easement provide, other ise
II. CO-Gk\\TEES'APPROVAL
whener ci this Easement requires that I andov ncr obtain the Cu-Grantees' appro al for
any at U'iIv or use of the Property, or if Landowner desires approval for any activity or use not
clearly consistent with the terms of Purposes of the Easement such apps ow al shall be gn en in the
Co-Grantee's sole discretion if they determine than such acfimty will not damage the
Comer anon Values, which burden of proof hes with the Landowner Approval may be w ithheld
:n the sole discretion of the Co-Grantees if either determine that the proposed activity would
damage the Con acn anon Values or he otherwise inconsistent with the terms and I'm poses o1 this
Lasement 1 he Co-Grantees shall set forth their determination as required, and the reason(s) for
the deter mutation, in writing to Landowner within 30 days of rev eipt of Landowner's written
notice and request for :ippon al las described in Section 10, above) In the event that either of the
Co-Grantees should withhold .ippro\al, that Party shall also specify to I andowner any
modifications to the request that might render the request consistent with the terms and Pun prises
of the Easement
12. CO-CR\N I EES' RFMIFDIES: E\I'(1RUI\IFNT
the Co-Grantees shall have the right to present and correct. or require correction of,
violations of(tin P.rsemenl The Co-Gr antecs are not responsible for monitoring for or enforcing
violations of any Applicable Laws, permits. re third party contracts affecting the Property now on
in the Intim:, except to the decree that an} isolation. of Applicable Laws also violate this
Easement, damage the Conseranon Values, or are otherwise inconsistent with the Purposes or
tents of this Easement
12
Ohl pedatiiow.411'I114'IlhILIIWPlilliMl h9M14r111III
Recept 10118 907838
06/1212018 09 15 26 Ar Jean atbevco
13 al 30 Ree Fee $150 00 Doc Fee 0 00 GRRFIELD COUrr CO
If either or both Co-Grantees find \chat they believe is a violation, or a threat of a
violation of this Easement, either one or both of the Co-Grantees shall determine if notice or
enforcement is appropriate and] shall notify Landowner of the nature of the alleged w iolaton
Upon receipt of this notice, Landowner shall immediately discontinue any activity, or assist to
discontinue any thnd party's aetn ity, that could our ease or expand the alleged violation and
shall either hal restore the Property within 60 days as is best possible to its condition prior to the
�ad.d jun, u] d immediate restoration is not possible. I andowner shall submit a restoration plan
to the C o-Grantees within 60 days, or an plot ide a written explanation to the Co-Grantees of
the reason by the alleged violation should be permitted If the Co-Grantees are not satisfied
ith Landowner's written explanation or restoration actions, the Co-Grantees and Landowner
agree to meet as soon as possible to resolve their differences If a resolution cannot be achieved
at the nu-cnmg, the Parties agree to attempt to Iesolt e the dispute pursuant to Section 12.1, below
At any time, including if Landowner does nut immediately discontinue any activity that
could nutcase or expand the alleged violation, of if the Co-Grantees believe an ongoing,
imminent, or threatened activity violates the Easement, the Co-Grantees may take immediate
legal action to stop the activity without pnor notice to Landowner, without waiting for the period
pronded for cure to expire and without waiting tin the 60-day mediation period to expire 'I he
Co-Gt anntees may bring an action at law or in equity, tw parte as necessary, in a court of
Jurisdiction to enforce the terms of this 1 asement and to enjoin a violation by temporary or
permanent Injunction, which may require restoration of the Property to the condition that existed
prior to the violation The Co-Grantees' remedies debt tbed here shall he in addition to all
ien edies now or hetcanci existing at law or in equity, and shall inelude. without limitation, the
light to recover damages for inlation of the terms of this Easement or mnlury to the Conserv anon
Values, including damages for the loss of scenic. aesthetic. or en aonmental values, and the
right to other remedies designed to deter bad acts, including restitution of tax benefits or
payments fur the Easement, disgorgement of profits. and liquidated and pumnt e damages The
(11-t irantees may apply any damages recut ci cd to the cost of undertaking restoratit e, remedial
or corrective action on the Property w ithuut limiting Landowner's haling t fur such damages or
con eetl\e alun
Enforcement of the terms of this Easement shall he at the sole discretion of the Cu-
Grantees and any forbearance by either or both of the Co-Grantees to exercise their rights under
!his Easement shall not be construed to be a waiver by ceche] or both of the Co-Grantees of their
rights, or of any terms) of the Easement, including any subsequent breach of the same or other
terms) of this Easement No delay or omission by either or both of the Co-Grantees in the
exercise of any right or remedy shall impair such light of remedy or he construed as a waiver
The Udine of either or both of the Co-Grantees to discerner a t mlanon or to take immediate legal
action skull not bar either or both of the Co-Grantees horn doing so at ally time after the date
upon whop the t oLdion is d]scoveied
All ieasanable costs incurred by both the Co-Grantees in enforcing the terns of this
Easement by legal or other means, including but not limited to expert fees, staff nnre, legal fees,
and costs of pursuing legal or other action, and costs of restoration necessitated by Landowner's
violation of the terms of this Easement shall he borne by I andowner. unless Iandownei
13
■u KAU clitivitruertlr ixrei i��
Recept tone 907838
:5'12'2C,'e t: > 2E A' Jar' PI6e- co
14 or 30 Rec Fee $15d 00 Doc ree r 00 GARFIEL0 00iu11TR
ulnmatcly prevails in a Judicial enforcement action or a court finds as a matter of fill that one or
both of the Cu-Grantees acted in bad faith in seeking to enforce the terms of this Easement, in
which lase; each Parts shall heat its own costs, It the Parties agree to mediation. the Parties will
equally share the cost of the mediator's fees
12.1. Mediation, If a dispute arises gem eta the Parties concerning the consistency of
any pt oposed acn\ity with the terms of this Easement, and Landowner agrees not to pi oceed
•.\'ih the adtivity pcndm_ resolution of the dispute, any Party may refer the dispute to mediatton
by a rn len request to the other Within i 10 days of the tece:p1 of sueh request, the Parties shall
select a Rained and in:pa:hal medtThM. preferably %kith e\pericn.e :n real property :aw rend land
conservation, lithe Parties are unable to set ye on a mediator, Lt no such experienced mediator is
a\ailible, then the Parties shill each select a gaalifed mediator and those two mediators shill
select o mediator who shall alone mediate the dispute, Nediatum shall then proceed m
:rccuni.uu e with the following guidelines
A Purpose The purpose of the mediation is to dal pro' ole discussion between the
Pa:t thl help the Parties develop and exchange information concerning the issues
in dispute and Ie) help die Parties del clop pt oposals that \s 111 enable theta to arm e at
a mutual'.y aceepubte resolution The iaed:a:iou Is not intemied to resin; in 01 be
interpreted as tesultiug in any modification co amendment of the leans, conditions or
restrictions of this Easement.
}s Pait,.tpp='•un The mediator may meet ;sub the P truss and then counsel)sail} or
rt
pane, The Parties agree that they will pan icipate in the mediation process in gond
faith and etpedniously. except in eases allele the Co-Grantees believe dad there is
ongoing damage to Conseil/anon Values, in which case the Co Grantees cau suspend
then uivulyenieut in the mediation to Lemedv flus ducat of ongoing \rotation
Reptes:mativcs of the Parties with settlement aulhoi It\ will attend mediation sessions
as iequued by the mediator.
C Confidentiality .11I vilbrination presented to the mediator shall be confidential
and ria\ he disclosed by- the n cd:atar o::ly w ill iii; consent of:he Parties it then
respective counsel. The i n•diatoi shall not he ruble<t to subpoena by any Party in any
subsequent Itiigacon,
D. Tune Pend and Fees. No fart shall be obhgdted la continue the met:anon
process beyond a period of 00 days fioni die date of the initial meeting with the
mediator, not it the mediator CA:CR: des that there is no :easouable Like::hn.,d Iha
continuing mediation will result in a mutuai lv agreeable icsolu0un the Parties shall
each heal 1.3 0l the mediator's tees
13, COSTs,I.tkBII II IES.T\SES,AND ENvlliONNE Nil CO}IrLIASCE
13.1. Costs, Legal Requirements and Liabilities Landowner retains nil
responsibilities and obligations and shall hear all costs and liabilities related to the o\nership,
o}'era-jilt., and maintenance of the Property. meluding the Palmist of any property and oilier
13
BiuMir.M1KAFF,V,111411:liMNIAMiUU:+UV11111
Recap!song 907838
2018 09 15 26 AM Jean Alberico
15 of 30 Pee Fee $158 00 Doc Fee 0 CO GAPFIELD COUNTY Co
taxes related to the Property (provided Landowner is tax-exempt), and maintenance of liability
insurance cot erage Landowner shall make best efforts to keep the Property free of any hens
arising out of any work performed for, materials furnished to, or obligations incurred by
Landowner frothing in this Easement shall be interpreted as prohibiting Landowner from
obtaining loans secured by deeds encumbering the Property, provided any such deeds are
subordinate to this Easement,
13.2. Control. Nothing in this Easement shall be cons(' ed as giving rise, in the
absenLe of a judicial decree. to any tight or ability of the Co-Grantees to exercise physical or
managerial control o'er the day-to-day operations of the Property, or o'er any of Landowner's
acti'sties on the Property, or otherwise to become an operator with respect to the Property within
the meaning of The Comm ehensn e Environmental Response, Compensation, and Liability Act
of 1980, as amended 1' CERCLA-i, and any Colorado state law counterpart;
13.3. Hold Harmless To the extent allowed by Colorado law, Landowner shall hold
hornless, indemnify and defend the Co-Grantees and their members. directors. officers
employees. agents, and contractors and the heirs, personal i epresentatives, successors. and
assigns of each of them (colleen n ely. the "('o-Grantees' Bolles') from and against all liabilities.
Including, without limitation, court awarded third-party attorneys' fees, arising tram or in any
'way connected With (a) the injury to or the death of any nelson, or damage to mopeity
occurring on or about or related to the Property occ umng after Landowner takes title to the
Property, unless and to the e'tent such injury, death. or damage was caused by the willful and
wanton act (as defined by C R S .513-21-102(' HMI or omission of any of the Co-Grantees'
Parties, tbl the violation or alleged violation of. or other failure to comply with, any state,
federal, or local law, regulation, m requirement, including without limitation CERCLA.
occurring after Landowner takes title to the Properly, by any person other than any of the Co-
CiranIees Parties, in any nay affecting. involving, at relating to the Property, (c) the presence or
release of hazardous oi toxic substances in. on. from, or under the Property occurring at any tune
;Mei Landow net takes title to the Property, of any substance now or hereafter defined, listed. on
otherwise eLuvfned puisuant to any federal, state, or local Law, regulation, or requirement as
ha/ardor's, toxic, polluting, on otherwise contaminating to the air, water, or sod, tit in any way
harnifal or threatening to human health in the ent uonment unless and to the extent caused by
any of the Co-Grantees' Parties, and (dl the obligations, co'ennn is representations, and
warrunle, des i bed herein How e'a, nothing herein shall he interpreted as a wai'er of
gotemmental immunity. to which Landowner would other Ise bC entitled under § 24-10-101, r.
sect , C R S , as amended, or any other rights, protections, immunities, defences In Imo tenons on
Ii imhn pro'hied by law, and, all of Landowner's obligations pursuant to this Easement shall he
in acurdancc wuh the Colorado Constitution and other local government budgeting haws
applicable within the State of Colorado, such that nothing n i this Easement should he construed
as a multi-year financial obligation of the I own of Carbondale
13.4. Waiver of Certain Defenses Landowner hereby waives the defenses of laches,
estoppel and prescription Landowner waives any defenses on rights available to Landowner
pursuant to C R S 138-41-119 and agrees that the one-year statute of limitation provided by
C R S §38-41-119 does not apply to this Easement.
15
■III FIVIINIB FJ'Il{' VIll IK'i lttli)06Wvd UI III
ReceptionU. 907838
06112/2016 09 15 26 AM Jean 9tbenco
15 of 30 Rec Fee $159 00 Doc Fee 0 00 GARFIELD COUNTY CO
135. Acts Beyond Landowner's Control Nothing contained in this Easement shall
he construed to entitle the Co-Grantees to bring any action against Landowner for any injury to
or change In the Property resulting from causes beyond Landowner's control or from any prudent
action taken by Landow nei under emergency conditions to prevent. abate, or mitigate significant
injury to the Property Landowner is not responsible for acts of third polies not authorized to
access the Property, but shall be responsible for all third parties, including guests or invitee,,
authorized bi Landowner to access the Property 10 the extent allowed by Colorado law and
consistent with the immunities, defenses or In nitations on liability as provided In Section 13.3,
ahm e, during any penod of ownership when Landowner is a government entity, Landowner is
and shall he responsible for all parties authorized by Landowner to access the Property. For any
period of owl nershrp wlien Landowner rs a non-goy eminent entity. Landowner is not responsible
for acts of third parties not authorized to access the Property, but shall be responsible for all third
pat nes, including guests or ort nee, authorized by Landowner to access the Property. Nothing
Herein ,hall be interpreted as a w an er of governmental immunity, to which Landowner would
otherw use he entitled under 24-I0-I01, et see? , C R S , as amended he Co-Grantees retain
the right to enforce the terms of this Easement against third parties of Landowner or both for
s iel it ons of the Easement or tannage to the Property
14. Exa rvctastIMENT AND CONlwM AI ION
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
shell not he deemed circumstances or condition:justifying the termination or exnnemshment of
the Easement In addition, the inability of landowner or Landowner's heirs, successors or
assigns, to implement any or all of the uses permitted under this Easement shall not impair the
andity of the Easement, or be considered grounds for termination or extinguishment of this
Easement. Further. this Easement cannot be abandoned, released, terminated, extinguished, or
affected by ad'erse possession
If circumstances arise in the future that render the Purposes of this Easement impossible
to aconiplish, the Easement can only he terminated or extinguished, in whole or in part, by
judicial plotcedings after a court of competent jurisdiction has found that the Purposes of this
Easement ale impossible to acComplisIi and iras explored all options for importing other
Purpose; for the Easement Each Party' shall promptly notify the others when it first learns of
.such circumstances The amount of the proceeds to which the Co-Grantees shall he entitled from
any sale, exchange. of involuntary comersron of all or any pottion of the Property subsequent to
such termination shall he determined, unless otherwise pmt rded by Colorado law at the rime, rn
accordance with the Proceeds paragraph below, and such proceeds shall be used by the Co-
(irantec In a manner consistcni with the Loosen anon Purposes of the original Easement
contribution, as Irequned by .1 I'tlA-141 gjlfi lis of l resup Regulations
14.2. Condemnation II all or any part of the Property is taken by condemnation. or by
purchase in lieu of condemnation by any publw, corporate, or other authority so as to terminate
the basement in whole or in part. Landowner and the Co-Grantees shall act Iomtly to recoter the
fill value of the interests in the Property subject to the taking or in-heu purchase. and all
16
Ell Will GPI AYakY,041r1 iritki hYII0
Recept r on8. 907838
06/1212018 09 IS 26 PM Jean etberme
17 Pt 30 Rec Fee $158 00 Doc Fee 0 00 GPRFILO county DO
damages resulting therefrom. All expenses reasonabl) incurred by Landowner and the Cu-
(iiantees in connection with the taking or in-lieu purchase shall he paid out of the amount
i ecovered The Co-Grantees' share of the balance of the amount recovered shall be determined
by multiplying that balance by the percentage set forth in Proceeds paragraph below,
143. Proceeds. Landowner and the Co-Grantees stipulate that as of the date of this
Easement, the) are each vested with a real pwpetty atter est In the Property, The Parties further
agree tlmt the Co-Grantees' interest in the Easement has a salue that is equal to no less than 5041,
of the fair markets aloe of the Property 'I he actual percentage shall be determined by a qualified
conservation easement real estate appl aisal at the tune of extinguishment, condemnation, or any
other es ent terminating part til all of the Easement on the property, should any such event occur
in the future, hut as agl ced not to be less than 50' This value shall he represented as a
percentage of the lair market value of the Property that is at least equal to the proportionate value
that the Easement bears to the saltie of the Pi operty as a whole at the time of the Easement's
grant, w hich petty ntage shall remain constant in relation to any future fair market salue of the
I'h opal). Such petcentage shall he used only for determining the each of the Co-Grantees'
proportion of pros reds from mhy payment of damages or dation resulting (tort circumstances
described in the Extinguahutent and Cundeniun'on pal:seraphs above, and including other
events of partial or complete termination of the Easement Should the Easement be condemned of
uthens tie terminated according to the Extinguishment or Condemnation pal agraphs alms e, Co-
Grantees, Trust and Pitkin County shall he enttted to compensation for their proportionate
Interests, ulitah shall cc leet the proportionate ntonetan contribution of each to the total Red Hill
project as follows- 89°u [rust and I I"r. Pitkin C oun1 [he Parties agree that the s aloe of an(
improvements to the Property made by Landossnet atter the date of this Easement is ieserved to
Landow ncr
15. Ass1G'?16v i tit F:\SF su.\t
Zither Co-Grantee may, upon mutual agreement of the Pan fes, elect to transfer and assign
its rights and obligations under this Fasement solely to the other Co-Grantee Should the Parties
not agree, or it otherwise necessary or apph npri ate, the ('u-Grantees inay Jointly elect to transfer
and assign this Easement to another qualified land aonselvation organization, prodded that
organization is (I I ¢dhmg and able to accept the transfer, t-) a qualified organization at the tune
of transfer undeh C170Ihl of the Internal R(scriue Code of l986, as amended (or an) .suacessoi
pros iston then applicable). and its applicable regulations. 13) authomed to acquire and hold
conservation easements under C'oloradu lass, and (-1)charged e ith a mission similar to that of the
Trust OT Ptkin County f)pen Space and Trails The Parties hereby agree that Joint assignment of
the Easement if necessary shall he offered first to Colorado Open I ands (COL) If(JUL should
not meet the abuse enteric at the lime of assignment. the ('o-Grantees shall consult with and
attempt to assign the Easement to Landowner's preferred assignee but in the event the Parties are
unable to fele:, the Co-Grantees shall ultimately has e the right to select and assign the Easement
to an organization that meets the :Mose cntenu, and to notify Grantor of its selection prior to
assignment 1 urthemore, as a condition of any assignment under this pat agi aph, the Co-
Grantees shall iequine 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
the Cu-Grantees set forth her em or created herchs 4fter such transfer, the Co-Grantee(s) that
17
•11!lU�1!!�?i .fl�4L' NY 11,d1tA'Gh'fEI Wi. ,W14+114 11 III
Recept rano 487834
0611212019 09 15 26 RM JeanRlber,co
1P of 30 Fec Fee 815E 00 Doc Fee C 00 GARFIELD °DUROv CO
has assigned nt; rights shall have no further obligation or ::ability under this Easement. Should
the (:o- Grantees be unable to assign the Easement aceending to this pros educe, a court with
competent turtadicuon shall assign the Easement.
16. SURSEQ1'ES1 TR ERS OF PROPER'I'
I ,lndott ner agrees to riot t fy any party tiro mac purchase, lease, or othen%is,:hold interest
in this Property of the terns of this basement. and to provide a copy of the Easement and the
Baseline Do:unientau^n to such party if requested The conve\ali e document shall etpresly
refer to this Ftisement and acknovi ledge that all subsequent owners :rte subject to its tarns The
'o-Giantess shall', be as a:i t'le io meet with any piospecav: reap:rem of the Pi opens :,r explant
ilk term: of this Easement, either before or after closing. and to answer any questions related to
ti.:, [ase irrut or ifs .u;po:.ng ducutrttttbor..
in addition, at it:e aux Landoanet tnnsku tie Property to ,r thud party, including all
subsequent trans tell, that party shall pay Si,001L00 to the l ruse to covet admimstrat ye costs
.nsu.Ietcd a uh tine tr.:ris:e:. as veil as to put the third party rcerpieut on notice of the expo-eine
of this Easement 1 his payment is e\empt from transfer fee restrictions of C R S §3S-35-127
because H does not affect resalt:1M l real property
17, Nocrs
3101111111t1111Catiffn that either Party is required to give to the ether under the terms of
this basement shall he in tinting and physically delivered of sent by (list class mad, postage
prepsrd. V the folloo ung uddt eases. Cr to such Omer addr ss s either fans m ry destLmatc m ih:
luture by written muie to the other Other communications not required by this I.asement may
e in the form of e:nit ut of err e eu home eortir;Inillcatiaii
7 n L,c:dinner 1Ic 1 o1Sn of Carbondak
e 0 1 own 1\tanager
C'srbundale l own Hall
411 Colorado .\\e
Carbondale, CO R1623
in ACL F. Aspen Cabey Lim!Trust
420 Main Street, Suite 204
( arbor oalc, CO d 1 ts__
Pham x70.963-Sg40
Fir P:9,:a Count.. PCtan ('ou^t\ Board of County Cotumissioner.s
c'u Pohin ('aunty Open Space and l'tails !heetor
5301:, Main Street. =rd lloor
Aspen, CO 61611
Phone. 970.910-5 SE4
1S
liiM1* � 411PONJla4: l1 1{h111,1G14 II III�ie1 ,
osilpt olos 15 25
AM Jean Am°-i°o
19 or 30 Pec Gee $15e ao Doc Ase o 00 GA9GIEL0 COUNTY co
IS. RE(ORD.ai ION
The Co-Grantees shall record this Easement in the official reLords of Garfield County,
Colorado and may re-record it at any time as may be required to presene its rights in this
Easement
19. ANII:NDMLMI
If circumstances arise under which an amendment to this Easement would he appropriate
to promote the Purposes of the Lasement, 1 andoauer and the Co-Grantees may Jointly amend
this Easement. However, the Co-Grantees are under no obligation to :upend this Easement, and
may decline any amendment in their sole discretion Any amendment shalt he consistent ty illi the
Purposes of rhe Lasenwitt, and may not affect the Easement's perpetual duration Arty
amendment shall he in o nting, signed by all the Parties, and iecorded m the records of the Clerk
and Recorder of Barfield County, Colorado Corrections to correct factual mistakes or
typographical or clerical enors nuts be made at the discretion nt the Co-Grantees No
amendment shall he alloo ed that affects the qualification of this basement or the status of the
Co-( rantees under any Applicable Lau s, including C-RS §*38-30 5-101 et seq , or IRC
$I illlh 1, or sr 50110131. of any iegu lations promulgated thereunder No amendment shall he
per nutted that will confer impermissible private benefit to Landowner or to any other individual
or entity Isee 'I rens Reg. 1 1701-1411113)(1)1, or that \till result in pro ate inurement to a Bumd
member, staft or contract employee of the Co-Grantees (see Ti eas Reg 1 501(013)-1(c)(2)1
Amendments 'nay be suaueet to a fee set by Co-Grantees according to ('o-Grantees' policies to
cos cr their stall time, legal and other costs
20. SIBORDIN.t I ION
The Property is not subject to any inortgag es or hens
21. GENE R PROCISWNs
21,1. Definitions For the purposes of this Easement. the following words and phrases
are defined as fol loss
A Landowner and Co-Grantee I he terms "Landowner," 'Trust,"'Pitkin County,"
and 'C'o-Gl antee," and any pronouns used in place of those terms, refer to,
tespecti 'ely, the original hutch's"'nee and all other landowners w ho socceed the
ongma1 landowner, including but not limited to Landowner and Lando\\nus heirs,
personal I epresentatives, executors. administrators, successors and assims. and
respect's ely, Co-Cir anlees and their heirs, personal representatives, executors,
adnunistratois successors and assigns, and the nuc eeswu and assigns of the Aspen
Valles Land Trus) and Pitt in ('aunty, or both, respectis elv,
B. Easement the terms "Easement," conservation easement;' ' Deed tit
Cmisers atiun Easement " and "Deed of C'onsers atiun Easement in gross' refer to this
legal document and to the immediately \ested interest in real property defined by
Colorado Revised Statutes es3s-3o 5-101 et
19
VIII MrIY14R? t4P,PiUhJTll:l4141,llt444 II III
Recept aonU 967838
oert2'2010 09 ifi 26 AM ]nn Gabel-Ito
10 of 30 Rec roe 8158 00 Goo Fee 0 CO GARrIELO COUNTY Co
C. Applicable Lan c. The term gAppheable Laws' refers to all feles ant fedoral, state.
and local statutes, ordinautes, judicial decisions. executive orders, codes or
regulations having the force and effect of l 1'v that have hearing on or may control
cettam uses allotted by the Easement
D Loss-impact The term "Lon-impact' tends to oast'tics or Improvements whose
location, use end ccrostrucuon hate negligible m no surface impact on the Property
and do not damage the Conserv anon Valdes,
E. H3'h-Impa.: The term ".utdoimpatr' .t rs to any at ds:gm or arprovemcn's
!chose ha canon, use, and construction ma' nnpan the ('onsenation Values through
arc to i np.at iron: pob:ie nghto--of-uay. hatu,,' ent al ui dltfe, cardenotemg,
ctn tounng of land. construction of roads or installation of utility Ines, increased
e201,2316 ut cog:p:a::.+n of sob or dao rage:o ronin gds 2-11 and hahnaC
E. Renewable hncraw Cieiie ating Structures The tem: ..renen:able energy generating
structures— structures used to collect tenewabie eneigv resources that are
'enlaced rapidly h} ualural processes, OLICII as biomass, hydro, geothermal, bolo' or
mod
(i Lead Grants. To fulfill the Pt.rpoce;of tie:: has:anent Grantor appoints the'Rust
a: Lead Umnlee mei Ilio Lasenrcm its such, lie 1 rust shall he responsible for annual
mu:rfr::n_ ,'sits to the Property, me'::W'ia nee or h. eb Ca in tivoli Don and
stcaardshtp tiles, and revels mg Grantor molt es and requests for approsal under the
La-;went, ss belt aotccs Inc requad: sha:i he :es towed jointly ht the Co (sra^tees.
unless other"roe stated
21.2. Controlling Iae The Interpretation and pertunnance of this B:ccemcit sh,dl be
got e:n:,d by the laves of the Sane of Colorado.
21.3. Liberal Construction This basement shall be liberally construed in favor of the
grant to eclat the Purposes of the Easement and the policy and purpose of C R S bi3S-gl 5.161
it rap If any provision in this inarument 1v found to he ambiguous, an interpretation consistent
urth eneurnh continuation 1,f the Purposes of the Laseinent that a ould render the prevtslon salad
,hall be fax o"Cr an interpretation that would render it invalid. the Common law rule:, of
n;tnaron a-:d of di ct:n.sang restrictions on the use of:cal property add construing teari::nons
in las er of the ft cc and uoresirieted use of lea propertv shall not appls to interpretations of thts
,isement or to dlsptae; bats cera die Pa# e, .encc'm:eg the int rang of pad:co:a: movts;ons of
this basement,
21.4. Seserabilits If any Piot tsar on application of any pox mum of this Easement, is
Lound to be Invalid, the remainder of the plot i ons sh he deemed severable and remain m full
nate and effect,
2(I
qui�u�1on�YrllFo�rnr,,�rdrNirFarr��rar+�i���w� 111111
Receptsen9 907838
06/1212018 09 15 26 0a1 Jean A:0ertco
2i of 30 Rec Fee 5158 00 Doc Fee 0 00 GARFIELD CORBY CO
21.5. Entire Agreement [his instrument sets forth the entire agreement between the
Parties with respect to the Easement and supersedes all prior discussions, negotiations,
under standings,or agreements relating to the Easement.
21.6. No Forfeiture Nothing contained in this Easement will result In a forteitute 01
ret colon of Landowner's title in nuy respect,
21,7. Joint and Several Obligation The obligation> unposed by this Casement upon
Landowner shall be mint 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 it> shareholders. partners, or members of the entity's and its parties'
ridtvidual right. and iesponsihilities. Includmg monetary or lnher obligations set forth in this
Easement,
21.8. Successors the covenmih, term. conditions, ,Ind restriction. of this Easement
shall he binding upon. and mute to the bcnefit of. the Parties hereto and Landowner's respectne
personal representatives, heirs. successors. ti ansfeiccs, and assigns. and the C o-Grantee.'
.uEeessurs, uansferees, and assignis. and shall cont as a servitude miming in perpetuity with
the Property.
21.9. 1 ermination of Rights and Obligations A Part's nghts and obligations under
this Easement tennmate upon transfer of the Partys interest in the Easement or the Property.
except that liability tor ads or omissions ocuunnM! prion to tuns/er>h,111 corm r trenslcr,
21.10. Captions The captions m this instrument have been uereted solely for
convenience of re 1:rence and shall have no effeet upon construction or inter pt elation,
21.11. Counterparts The Parties may execute this instrument in two or Inure
counterparts, w huh shall in the aggregate, he signed by all the Parties Each counterpart shall be
deemed an original instrument a. against any Party who Inas signed it In the es est tit any
di spanty between the counterparts produced, the recorded counterpart >hail be controlling
21.12. Merger l lnless the Parties expic.sl} state that they intend a merger of estates of
interests to occur, no merger shall be deemed to hat e occurred hereunder or under any document
executed in the future affecting this Easement Should the Co-Grantees in the future owii all or a
portion of the tee interest in the Property, the Co-Grantee. as successor in title to Landow net.
shall obsers e and be bound by the obligation. til Landon net and the iestnction imposed on the
Property by this Easement In addition, this Easement shall not merge with the fee title without
111° 111101 www itten appro\al of Landowner The Casement shall not be e\tingmishcd, in whole or in
pat. through the legal doctrine of merger in view of the public interest in its enforcement
21.13. Acceptance of Gift per IRC Section 170(F)18) the Co-Grantees acknowledge
receipt and acceptance of this Easement encumbenne the Property, for v hich no goods or
service. were provided: and
21
fill M r1CiUWINAItaI{14'2iiii#liJAIMAKIIR it hi
Receptsond, 907888
e.5' 0'Ho B G5 5 M M aw atpeuao
1l o r Ree Fee $'DB ➢C JaPa: Fwn u CO G3,:; i ,rasn, Co
21.14. Authorith to Execute. Lach Party represents that such Party has hat power and
authority to cyecute and dein er Ibis Deed of Conservation Easement: to perform us obligations
under Pit= ha,ament, that the individualist executing this Easement on behalf of said Party are
;all} empoweied and legally minimized to do so', and that this Fosemeut constitutes a a and,
enfotceahle. and legally binding obligation of said Party.
IN WI I NF SS WI RF,t'1F. Landowner and the 1.'o-Ciranteea I+.+ve e'ecured the; Deed of
Con, :2 atun I , :entail! as of 9r;d:a: lust v^utter:aho.e
1.1 q;n.rtlP e+ nn lullnn mg/) b't I
)7
■III fr j llI( )'MY:N[1'+MNTIALLVI 'dIWkY4i 11111
Receptxon8. 907838
05/12/2018
AM
23of 30Rec Fee 5158 00Je
Doc Fee0 00 GARFIELD COUNTY CO
LANDOWNER:
TOWN������O,,,,,,OF CARBONDALE,
a Oloralo r6fe municipal corporation
Dan Richacs son, Mayor
ATI S •
rot k
Ca y I'erby. Town Clerk ---- -
STATE OF COLORADO
1 s
COUNTY OF GARFIF.LDI ��"
��fhc foregoing instrument was acknowledged before me this /+_ day of
�t C rb _, 2018, by Dan Richardson as Mayor and Cathy Dcrby as Town Clerk of the
Oiwl— 1 of Carbondale. a Colorado home ndc municipal corporation, as Landowner
WITNESS my hand and official seal -
[SEAL]
Notary Public ��,!p `�
My commission expnes' — C —� ,90
DANIKA VAN DAVIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#20164040882
My Commission Expires December 7.2020
23
1111 NJr1IWl UMt' E In161 r01101410115144l till
Recepllonl. 907838
06/12/2018 09 15 26 RR Jean Blbenco
24 of 30 Rec Fee 3150 00 Doc Fee 0 00 GARFIELD COUNTY CO
ACCEPTED by (20-GRANTEES:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
By: _ ztiIl�;
Suzanne : tephens. E ecutive Director
STATE OF COLORADO I
I ss.
COUNTY OF li‘PPIET" )
The foregoing instrument was acknowledged before me this day of VkYt.-
201K. by Suzanne Stephens as Executive Director of ASPEN VALLEY LAND TRUST, a
Colorado nonprofit corporation.
WITNESS my hand anti official seal /-------Th
'SEAL] (�_'.__ kW I _
Notary 'ubhc (DI I`1 201br
Nly commission expires
1 .
JEANNE HAYES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY I0 a 20104 04 4 4 0 3
MY COMMISSION EXPIRES OCTOBER iv 20t8
14
■III FMYhI10'N1'i 1UNT NFIVilC it)Ithivii 11111
Reception$ 907838
06/12/2010 09 15 26 PM Jon Piber iota
25 of 30 Rec Fee $150 00 Doc Fee 0 00 GARFIELD COUNTY Co
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Colorado,
a body corporate and politic
By f a- pe
, Chairman of the Board of County Commissioners of Pitkin Count}
Po fh Lt ype
STATE OF COLORADO )
155
CONN FYOIF]'( v. 11J
The foreg ing instrument was acknowledged before me this Lr day of )f-f-'11 e.
2018. by V&\k'. (Cs_pp oef as Chairman of the BOARD OF COUNTY
COMMISSIONERS OF Pl-PKIN COUNTY,Colorado. a body corporate and politic
WITNESS m) hand and official seal
(SEAL] 6q L . C
N t q uhlic ^
teitele—
JANE A ACHEYNC'M1P N commission expires' k.\l, ck L �0tq
6r"E n
UDLI: n
25
"III Ir101t11If rom tYh1Y P VThl Wrki lI II I
Receptzong. 907838
06/12/2018 09 IS 26 RM Jean Plbenco
26 or 30 Rea Fee $158 00 Coo Fee 0 00 GARFIELD COUNTY CO
EXHIBIT A
Leeal Descnptlon of-Property
ALL THAT PART OF THE FOLLOWING DESCRIBED PARCEL WHICH LIES WESTERLY OF THE WEST LINE OF
COUNTY ROAD 107 IN LOTS 7, 8,9 AND 21,SECTION 28,TOWNSHIP 7 SOUTH,RANGE 88 WEST, 61H
P M COMMENCING AT A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST
QUARTER CORNER OF SAID SECTION 28, NORTHEAST CORNER OF SAID LOT 8,AND SOUTHEAST CORNER
OF SAID LOT 7,THE POINT OF BEGINNING,THENCE S 01 DEGREES 46'54"W ALONG THE COMMON EASE
LINE OF SAID SECTION 28,AND SAID LOT 8 A DISTANCE OF 944 97 FEET,THENCE LEAVING SAID SECTION
LINE N 78 DEGREES 20'58"W ALONG THE NORTH RIGHT OF WAY OF STATE HIGHWAY NO 82 A
DISTANCE OF 45 58 FEET;THENCE CONTINUING ALONG SAID RIGHT OF WAY N 69 DEGREES 07'24"W
269 70 FEET,
THENCE ALONG SAID RIGHT OF WAY N 68 DEGREES 48'24"W 328 90 FEET,
THENCE ALONG SAID RIGHT OF WAY N 71 DEGREES 5254"W 234 2 FEET,
THENCE ALONG SAID RIGHT OF WAY N 52 DEGREES 29'24" W 57 10 FEET,
THENCE ALONG SAID RIGHT OF WAY S 89 DEGREES 44'06 W 111 46 FEET,
THENCE ALONG SAID RIGHT OF WAY 5 89 DEGREES 4406' W 8 54 FEET;
THENCE ALONG SAID RIGHT OF WAY 5 42 DEGREES 22'05' W 31 07 FEET,
THENCE ALONG SAID RIGHT OF WAY S 42 DEGREES 2206" W 117 63;
THENCE ALONG SAID RIGHT OF WAY N 84 DEGREES 53132" W 64 93 FEET,
THENCE ALONG SAID RIGHT OF WAY N 86 DEGREES 37'40"W 85 07 FEET;
THENCE ALONG SAID RIGHT OF WAY N 85 DEGREES 17'54"W 101 60 FEET,
THENCE ALONG SAID RIGHT OF WAY N 85 DEGREES 17'54"W 186 60 FEET,
THENCE ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1760A FEET
AND DELTA ANGLE OF 14 DEGREES 59'54"A DISTANCE OF 460 70 FEET(LONG CHORD BEARING N 74
DEGREES 45'54"VJ 459 5 FEET),
TFENCE ALONG SAID RIGHT OF WAY N 60 DEGREES 34'05" W 287 99 FEET;THENCE ALONG SAID RIGHT
OF WAY N 62 DEGREES 09'47' W 150 26 FEET,THENCE ALONG SAID RIGHT OF WAY N 61 DEGREES
56'24" W 32744 FEET TO THE COMMON NORTHSOU FH CENTER LINE OF SAID SECTION 28 AND WEST
LINE OF SAID LOT 21, THENCE LEAVING SAID RIGHT OF WAY ALONG SAID CENTER LINE N 01 DEGREES
20'2/' E 240 86 FEET TO THE COMMON CENTER OF SAID SECTION 28 AND NORTHWEST CORNER OF
SAID LOT 21,THENCE 5 89 DEGREES 1022" E ALONG THE EAST-WEST CENTER LINE OF SAID SECTION 28,
1858 20 FEET TOT HE WEST
LINE OF SAID LOT /; HENCE LEAVING SAID CENIER LINE AND ALONG SAID WEST LINE OF LOT 7 N 00
DEGREES 28'14" W 199 71 FEET TO THE NORTHWEST CORNER OF LOT 7,THENCE ALONG NORTH LINE
OF SAID LOT 7 N 88 DEGREES 3442" E 812 12 FEET TO THE COMMON EAST LINE OF SAID SECTION 28
AND SAID t O1 7; THENCE ALONG SAID EAS I LINE S 00 DEGREES 04'18"W 231 55 FEET TO THE POINT OF
BEGINNING, L%CEI'! SAID POWER TRANSMISSION RIGHI OF WAY DESCRIBED IN BOOK 351 AT PAGE 597
AS RECEPTION NO 222266,
COUNTY OF GARFIELD
STATE OF COLORADO
26
IIII 11.rlMILIFritiL'iFtNIM11 k4hWiiiidiA 11111
Recept song 907838
06'12201B 09 15 26 f!n Jean Rlbermo
27 a' 30 Fee Fee $15B 00 Doc Fee 0 00 GORF:FLO COWTY CO
EXIIIBIT B
Map of Property
/
r /
H 'j
/ 7
/ 1
'✓ , ,-', moi,
/ . / �I -, /
t'RED"1LL S;.EUM.h&,FtX130N 4Ee
I
1 •
I � \'\ 3 / , fir. — '/ —/ _ Ci
�Mti--;�a'iti ior�
_ I
_ --- FOARIpe FORkrr,Eq `\
IJI T L _
–.
f `
I I
LI
I _j _ ' aRROJIDALE 11 __
I
` 4 —
0 05
l_. . I Miles ' - ° - A
Legend
EXHIBIT B: -----".4-...MAP OF ❑„ y Property(25 driest — Gartield County Roads
PROPERTY ,T._ Bureau of _
"-- Land Management " Roaring Fork River LAND is..sT
27
111110allitiliirliM1'. MA1111LCl/ O'ROIiMpilird 11111
Recept°entl 907838
06/1212318 09 15 26 PM Jean Plberioo
29 of 30 Res roe $159 00 Coc Fee 0 00 GARFIELD COUNTY CO
EXHIBIT C
�gy��fl
Sun c,
1,911-4,i' iili441414 F/ ,
vim ilii i'i, ' S IA:I e i.i "J'7•-'e— e` t'1 � —_ _. Y
i.
Pr 11" iii ii;titi i941°'':i'Ili s � !iii.-
l •', ( $�'i!' 'I-
II ii!ii e! it I I l”i ° f, ,'1 , IIi-TS 1 I i
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28
�IIIfriCiMilhM1IorrelGWkhWd ifigru Ivn Mill
Receptsonk 907838
06/12/2018 09 15 26 PM Jean Plbertco
29 or 30 Rec Fee $150 00 Doc Fee 0 00 GCIRFIELD COUNTY CO
EXHIBIT D
Description of Activity Envelope
the Activity Envelope is known as Parcel A consisting of 4.29 acres on the Red lidl PUD. as
depicted on the Pt,U plat, which is lecolded at Book 673 at Page 648 in Garfield Counts,
Colorado
29
•UIFjNIIY1Ut it .1!lIUGNCk1r1OttrCilVili11III
Receptsonli 907838
0611212010 09 15 26 AM Jean Ptberico
30 c1 30 Rec Fee Vie 00 Doc vee C 00 GARFIELD COLrIrY CO
EXHIBIT E
Red 11111 Road Realignment Conceptual Design
, y tly i = I = I = LL =
y I, I I I ..
7
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n1
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r
ion . „ I/
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30