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Home My WebLink Aboutbocc.ord.019.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AND ACCEPTING THE DEED OF CONSERVATION EASEMENT FOR LOT 6 ASPEN RIVER VALLEY RANCH ORDINANCE NO. 019-2023 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado 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, and; WHEREAS, 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 Statutes as amended, and; WHEREAS, 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 ("OSTB") to guide the expenditure of those funds and make recommendations to the BOCC, and; WHEREAS, The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, and recreational routes on public lands, and; WHEREAS, Robert Oxenberg and Maureen McCluskey Oxenberg (the "Grantor"), own the 39.08 acre Lot 6 Aspen River Valley Ranch property Located along the Roaring Fork River at 2520 Lower River Road (the "Property"), and; WHEREAS, The BOCC granted the Property land use approvals pursuant to BOCC Resolution No. 049-2020 (the "Land Use Approvals") recorded in the official records of Pitkin County Reception # 665417. The Land Use Approvals are conditioned on Grantor's conveyance of a conservation easement for the entire property, and; WHEREAS, the Pitkin County OSTB recommended that the easements associated with the approval of the Lot 6 Aspen River Valley Ranch be approved and accepted by the BOCC and designated as an Open Space and Trails asset, and; WHEREAS, 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 approving and accepting the deed of conservation easement for Lot 6 Aspen River Valley Ranch and authorizes the Chair or the 111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 699756, R: $0.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 51, 01/04/2024 at 02:10:37 PM Ingrid K. Grueter, Pitkin County, CO 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. INTRODUCED AND FIRST READ ON THE 24TH DAY OF MAY, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 1ST DAY OF JUNE, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.coni ) ON THE 1ST DAY OF JUNE 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 14TH DAY OF JUNE 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincountv.com ) ON THE 15TH DAY OF JUNE, 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 22ND DAY OF JUNE, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS Bya By: Fraimit, 3takr Julia Ely Francie Jacober, Chair Deputy County Clerk Date: Jun-15-2023 APPROVED AS TO FORM: MANAGER APPROVAL Richard Y. Neiley III, Asst. County Attorney �IlS ittattio, Phylis Mattice for Jon Peacock, County Manager bocc.con.257.23 Recording requested by and return to: PrrtcIN COUNTY OPEN SPACE & Twins 530 East Main Street, Suite 300 Aspen, CO 81611 111111111111110111111111111110111111111 RECEPTION#: 699276 R: $0.00, D: $0 00 DOC CODE: DEED CONSERV Pg 1 of 41, 12/14/2023 at 10:16:14 AM Ingrid K. Grueter, Pitkin County, CO DEED OF CONSERVATION EASEMENT FOR LOT 6 ASPEN RIVER VALLEY RANCH THIS DEED OF CONSERVATION EASEMENT (the "Deed") is made and entered into this �� N' day of Nou A Oex , 2023between the Robert Oxenberg and Maureen McCiuskey Oxenberg, whose address is P.O. Box 12381, Aspen, Colorado 81612 (the "Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic, having its address at 530 East Main Street, Suite 301, Aspen, Colorado 81611 (the "Grantee") (collectively, the "Parties"). The following exhibits are attached hereto: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: Baseline Report Attestation Exhibit D: Water Rights Exhibit E: Disclosure of Perpetuity Exhibit F: Resolution 049-2020 RECITALS: A. Grantor is the record owner of that certain real property in Pitkin County, Colorado, consisting of approximately 39.085 acres, which is more particularly described on Exhibit A and depicted on Exhibit B (the "Property"), together with certain Water Rights described on Exhibit D (the "Water Rights") attached hereto and made a part hereof by this reference; B. Pursuant to Resolution 049-2020 of the Pitkin County Board of County Commissioners, recorded in the official records of Pitkin County Reception No. 665417 (the "Resolution"), attached hereto as Exhibit F, Grantor agreed to convey a conservation easement to the Grantee. C. The Property possess natural, scenic, open space, wildlife, historical, and recreational values (collectively referred to as the "Conservation Values") of importance to Grantor, the Grantee, the people of Pitkin County, and the people of the State of Colorado that are worthy of preservation; D. The Conservation Values of the Property are more particularly described in the Baseline Report, described in Section 2 herein, and include the following conservation purposes, the protection of which are recognized for qualified conservation contributions under Section 170(h)(4XA) of the Internal Revenue Code of 1986, as amended ("IRC"), and under Section 1.170A- 14(d) of the Treasury regulations: • Relatively Natural Habitat (§1.174A-14(d)(3)]: The Property contains irrigated pasture or hayfield and diverse native plant communities including pinyon juniper woodland, Gambel oak mixed montane shrubland, and riparian woodland/shrubland. The riparian woodland and wetland areas are designated as rare and/or imperiled by Colorado Natural Heritage Program (CNHP). The Property also lies within the Roaring Fork at Old Snowmass Potential Conservation Area (PCA) designated by CNHP. • Open Space 1§1.170A-1.4(d)(4)j: The parties agree and acknowledge that the preservation of the Property will yield a significant public benefit and will add to the scenic and open space character of the landscape in Pitkin County. The Property qualifies as open space because it will be preserved for the scenic enjoyment of the general public and is preserved pursuant to a clearly delineated governmental conservation policy. Conservation of the Property will further yield a significant public benefit. Scenic Enjoyment - The Property adds to the scenic character of the local rural landscape in which it lies, along the Roaring Fork River, and provides a degree of openness, contrast and variety to the overall landscape. The Property is highly visible from Lower River Road and is located within the Pitkin County Scenic View Protection Area. Agriculture - The Property is currently used for agricultural purposes including irrigated crop production and livestock grazing. This use is compatible with other land use in the vicinity. Significant Public Benefit - The Property's unique habitat connectivity is important to the local and regional Iandscape and provides wildlife habitat resources that attract tourism and commerce to the area. It is located in a rural, agricultural, mountainous area of Pitkin County, where there is a foreseeable trend of intense development in the vicinity of the Property. 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. Recreation - A recreation and access easement has been conveyed in conjunction with this Deed, recorded in the official records of Pitkin County Reception No. ucicl 21 S (the "Recreation and Access Easement") 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 relative to its scenic, wildlife habitat, agricultural heritage, educational and natural area values: • Colorado Revised Statutes § 38-30.5- 102 provides for the establishment of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural...or other use or condition consistent with the protection of open land, environmental quality or life -sustaining ecological diversity." • The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised Statutes §§ 33-1-101 and 33-10-101, provide, respectively, that "it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors" and that "it is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state." • The Western Governors' Association Policy Resolution 08-21 supports "voluntary incentive -based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values." • 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. Criteria for open space acquisitions include: (1) Areas within public scenic viewplanes; (2) Incorporating or protecting significant wildlife habitat; (3) Protecting riparian or wetlands areas; (4) Protecting other public lands from the impacts of development. • The Pitkin County Land Use Code states that the preservation of wildlife habitat, open space and agricultural operations conforms with Policies 2-120 (Scenic Quality), 2-160 (Wildlife Management) and 2-240 (Compatibility with Agricultural Lands and Operations), 2-280 (Compatibility with Public Lands), and 2-290 (Access to Public Lands). • The Pitkin County Strategic Plan supports conserving the natural environment within the Community Vision which is supported by Core Focus Areas including: (1) Flourishing Natural and Built Environment which states "Conserved natural resources and environment" as a Success Factor; and (2) Livable and Supportive Community which states "Access to recreation..." as a Success Factor. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. § 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in gross in perpetuity over the Property, of the nature and character and to the extent hereinafter set forth. 1. Purpose. The purpose of this Deed is to ensure the Conservation Values are preserved and protected in perpetuity ("Purpose"). This Purpose is in accordance with §170(h) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto. The intent of the Grantee is to permit acts on and uses of the Property that are consistent with the Purpose and to restrict or prohibit uses of the Property that are not consistent with the Purpose ("Intent"). In this Deed "Consistent with the Purpose" shall mean acts on and uses of the Property that have a positive impact, neutral impact, or no impact on the Conservation Values as determined by Grantee in its reasonable discretion. Notwithstanding the foregoing, nothing in this Deed is intended to compel a specific use of the Property, such as agriculture, other than the preservation and protection of the Conservation Values. 2. Baseline Documentation Report. The parties acknowledge that a written report has been prepared, reviewed, and approved by all parties which documents the Property's condition as of the conveyance date of this Deed (the "Baseline Report"). A copy of the Baseline Report shall be kept on file with all parties and by this reference made a part hereof. The parties acknowledge that the Baseline Report is intended to establish the condition of the Property as of the conveyance date of this Deed, and all parties have acknowledged the same in a signed statement, a copy of which is attached hereto as Exhibit C. The parties further agree that the existence of the Baseline Report shall in no way limit the parties' ability to use other pertinent information in resolving any controversy that may arise with respect to the condition of the Property as of the conveyance date of this Deed. 3. Rights of Grantee. To accomplish the purpose of this Deed, the following rights are conveyed to Grantee by this Deed: A. To preserve and protect the Conservation Values of the Property; B. To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Deed; provided that such entry shall be upon prior reasonable notice to Grantor, which shall typically be no less than forty-eight (48) hours advance notice, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and C. To prevent any activity on or use of the Property that is inconsistent with the purpose of this Deed and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 4. Permitted and Prohibited Uses. Grantor shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantor hereby authorizes Grantee to enforce these covenants in the manner described below. However, unless otherwise specified, nothing in this Deed shall require Grantor to take any action to restore the condition of the Property after any fire, change in climate, Act of God or other event over which Grantor had no control. Grantor understands that nothing in this Deed relieves them of any obligation or restriction on the use of the Property imposed by law. A. Subdivision. The Parties agree that the division, subdivision, de facto subdivision or partition in kind of the Property, whether by legal or physical process, into two or more parcels of land or partial or separate interests (including but not limited to condominium interests, common ownership interests, or the partition of undivided interests) is prohibited except as permitted herein. 1. Permissible Division of the Property. Notwithstanding the provisions of Section 4(A) regarding Subdivision, the property has been subdivided in accordance with the Resolution into three (3) residential lots, that may be owned separately, and a jointly owned common area and wildlife conservation areas. The areas are depicted on Exhibit B. B. Structures and Improvements. The Resolution sets forth the potential residential and non-residential development on the Property, which shall be limited to the defined Activity Envelopes, Common Area, and Access and Utility Envelopes, except as specifically permitted in this Deed. Grantor shall obtain all necessary permits and approvals prior to engaging in any development on the Property: 1. Development within Lot 1. Grantor may construct, place, replace, or enlarge residential and non-residential improvements within the Lot I Activity Envelope as approved in the Resolution after obtaining any necessary permits or approvals to do so. Development of the Property will limit the floor area of the residence to 4,000 square feet plus a 750 square foot garage, and one (1) 1,000 square foot Caretaker Dwelling Unit (as defined in Section 26 herein and referred to hereafter as "CDU") CDU, if the CDU remains or is replaced on Lot 1. 2. Development within Lot 2. Grantor may construct, place, replace, or enlarge residential and non-residential improvements within the Lot 2 Activity Envelope as approved in the Resolution after obtaining any necessary permits or approvals to do so. Development of the Property will limit the floor area of the residence to 8,500 square feet. 3. Development within Lot 3. Grantor may construct, place, replace, or enlarge residential and non-residential improvements within the Activity Envelope as approved in the Resolution after obtaining any necessary permits or approvals to do so. Development of the Property will limit the floor area of the residence to 5,750 square feet. 4. Development within Access and Utility Envelopes. Subject to Grantee's approval rights as set forth herein and any applicable provisions of the Pitkin County Land Use Code, Grantor may engage in development of Utility Improvements and Future Infrastructure within the Access and Utility Envelopes including landscaping and berms for noise suppression. 5. Development within the Common Area. Grantor retains the right to construct, replace, enlarge, relocate and maintain existing and additional minor structures (as defined below) for agricultural purposes within the Common Area as depicted on Exhibit B (such as hay sheds, greenhouses, machine sheds, and loafing sheds), provided the total gross covered ground area of all buildings does not exceed 2,000 square feet. Minor structures are defined as being unenclosed (i.e., possessing three or fewer walls) and not having excavated, raised or slab foundations. Low -impact (as defined in Section 26 herein and referred to hereafter as "Low Impact") temporary structures may be permitted for seasonal, agricultural use of the Property. a) Common Area Barn/CDU'Arena Envelope. Grantor may construct, place, replace, or enlarge residential and non-residential improvements within the Common Area/CDU/Arena Envelope depicted on Exhibit B and as approved in the Resolution after obtaining any necessary permits or approvals to do so. Grantor may construct a barn, limited to agricultural uses only, up to 4,060 square feet of floor area and an associated 1,000 square foot CDU. Grantor may construct, replace, or enlarge ponds as described below in Section 9 (Ponds) and in accordance with Resolution 049-2020. 6. Fences. Grantor may, but shall not be obligated to 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 regulations, so as to permit the movement 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. Corrals, riding arenas, livestock holding pens and other enclosures (defined as being two acres in size or less) that do not meet the above CPW guidelines are permitted only with written permission from the Grantee or approved in accordance with the Property site plan approval. 7. Paving and Road Construction. Existing ranch roads along with access roads on the Property, as shown on Exhibit B, are permitted. Existing roads may be maintained, graded and graveled to support agricultural and residential use of the Property. New access roads and driveways may be constructed within Activity Areas and Access Envelopes. Paving of roads, except within the Activity Areas and Access Envelopes, is prohibited, and low -Impact two -track dirt vehicle trails may be established and/or maintained on the Property as necessary for agriculture or property maintenance. 8. Recreational Uses and improvements. Low -impact recreation structures, including but not limited to, benches, picnic tables, open -sided shade or rain shelters, and platforms for wildlife viewing or other purposes are permitted on the Property in a location and manner consistent with the Purpose of the Easement. Athletic fields, golf courses or ranges, race tracks, airstrips, helicopter pads, or shooting ranges are prohibited. Use of the Property for more than "de minimis" commercial recreation activity is prohibited. The term "de minimis" shall have the meaning as set forth in § 2031(c)(8)(B) of the IRC and the Treasury Regulations adopted pursuant thereto. Non - motorized recreational uses are permitted only if they are (i) not commercial, except as permitted by Section 6 below; (ii) for Grantor and Grantor's invitees only; and (iii) conducted in a manner that would not substantially diminish the Conservation Values. The residents of Lots 1, 2, and 3 and their invitees may use the barn for private social functions. 9. Ponds. The installation, maintenance and improvement of water catchments for agricultural purposes or the enhancement of wildlife habitat, such as stock ponds (as defined in Section 26), wildlife guzzlers (which collect rain, snow and runoff to provide a water source for wildlife), wetlands, and other agricultural or wildlife -friendly water features, each under one acre in size, are permitted in a manner consistent with the Purposes of this Deed and all Applicable Laws. Sand, silt, rock or gravel produced during the excavation or construction of ponds, other water features, or dwellings may be removed from the Property or used or relocated on the Property in a manner consistent with the Purpose of this Easement. 10. Utilities. Grantor is permitted to establish underground utilities to serve the Activity Envelope and approved structures, provided that such utilities shall be located either along an existing road or in a location approved by the Grantee with consideration of upholding the Conservation Values or as permitted by easements or rights -of -way existing prior to the grant of this Deed, and as follows: a) Water Wells. Water wells, pumps, and Low -Impact (defined in Section 26) water storage tanks, and maintenance and repair thereof, are permitted as necessary for permitted residential (including home gardens, lawns, and domestic livestock), agricultural, fire mitigation, and wildlife uses of the Property in accordance with all Applicable Laws. Wells and water lines for domestic use are located within the Activity Envelopes and depicted on Exhibit B; b) Renewable Energy Technology. Low -impact, renewable energy - generating or -storing structures are permitted as necessary to facilitate the Purposes of this Deed, such as roof -mounted solar panels, solar- or wind -powered pumps or solar -powered electric fences. Commercial production of energy or the connection of renewable energy -generating structures to the power grid requires the Grantee's prior approval except within the Activity Envelopes. Alternative energy improvements shall be subject to the requirements of the Pitkin County Land Use Regulations and nothing herein shall be deemed pre -approval by Pitkin County. Any energy in excess of Grantor's consumption may be sold, conveyed, or credited to a provider of retail service to the extent permitted by Colorado law. An installation of alternative energy improvements shall be designed and located so as to minimize impacts to the Conservation Values of the Property. Grantor shall promptly reseed and restore any surface impacts that result from the installation or maintenance of any above -described improvements to as close to the Property's original condition as possible within three months, season permitting, or as otherwise approved by the Grantee. 11. Signage or Billboards. No commercial signs, billboards, awnings, or advertisements shall be displayed or placed on the Property, except for appropriate and customary ranch or pasture identification signs, "for sale" or "for lease" signs alerting the public to the availability of the Property for purchase or lease, "no trespassing" signs, signs regarding the private leasing of the Property for hunting, fishing or other low impact recreational uses, signs promoting agricultural products available or produced on the Property. No signs shall materially adversely affect the Conservation Values of the Property. C. Natural Resource Management Land Use. Grantor recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. Accordingly, Grantor agrees not to alter the topography of the Pmperty through placement or removal of soil, gravel, land fill, or other materials nor to impair the relatively 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 4 above and maintenance of existing utility infrastructure; (4) as necessary for burial of livestock and pets in accordance with applicable regulations; and (5) as necessary for the uses described below: 1. Agricultural. Grantor reserves the right to irrigate, raise, cultivate and fertilize forage and non -forage crops and other agricultural products; raise, graze and cultivate grazing cattle, sheep, horses and other Livestock; process and butcher livestock; conduct composting operations; perform tilling, tarping, sod busting, and any and all practices associated with developing new farm plots; and similar agricultural activities("Agricultural Activities"). All Agricultural Activities must be conducted in accordance with applicable laws, Pitkin County regulations and the Woody Creek Master Plan, as amended. Long-term stewardship and management goals include preserving soil productivity and soil biota, maintaining natural stream channels, preventing soil erosion, maximizing soil health, minimizing invasive species, avoiding unsustainable livestock grazing practices, and minimizing loss of vegetative cover. "Livestock" shall have the meaning set forth in the Pitkin County Code. 2. Water Rights. The Property is benefitted by decreed water rights. These water rights are more particularly described in Exhibit D (collectively the "Water Rights"). The Water Rights will be dedicated and restricted to continue to maintain, support, enhance and further the Conservation Values of the Property, as defined herein, and the permitted uses, including the continuation of the historic use of the water rights on the Property. a) Water Rights Encumbered. Grantor agrees to encumber all portions of the Water Rights beneficially used on the Property in this Easement pursuant to C.R.S. §38-30.5-102. The Water Rights consist of all of Grantor's rights, title, and interests in and to the water and water rights described in Exhibit D herein, which include all associated canals, ditches, laterals, head gates, easements and rights of way, and irrigation equipment. b) Permitted Water Uses. Grantor shall have the right and responsibility to continue recent historic use of the Water Rights on the Property for irrigation, agricultural purposes (including commercial agriculture), and protection and preservation of the Conservation Values; c) Restrictions on Water Rights. The parties agree that the Grantor may not (i) permanently change the Water Rights to or use the Water Rights for municipal, industrial, inconsistent commercial or any other new uses, (ii) permanently change the Water Rights for use other than on the Property, (iii) sell or lease the Water Rights or encumber them separately from the Property or otherwise legally separate them from the Property or (iv) change the Points of Diversion (as defined in Section 26) or the type or the place of use within or without the Property, except after Grantor's receipt of a written determination by the Grantee that such changes are not inconsistent with the Permitted Water Uses and will not impair the Conservation Values of the Property. Notwithstanding the foregoing, the Grantor can adjust their irrigation points and systems located on the Property at their sole discretion. d) Undeveloped Wells. Grantor owns several well permits issued by the State Engineer that have not yet been constructed or put to beneficial use. The permits for new wells and the existing functioning well on Lot 1 are not included in the encumbered Water Rights defined in paragraph 4.C.2 above. Grantor may freely develop these water rights and wells on the Property with prior notice to Grantee. Any new well developed on the Property will be constructed and used in a manner consistent with the Conservation Values. e) Change of Conditions. Grantor expressly waives any claim to use, change or transfer all or any part of the Water Rights other than as provided in this Deed, regardless of any future change in circumstances, change in values or other reasons, based on any theory of reasonable accommodation or other theory that would release any or all of the Water Rights from the provisions of this Deed, without the Grantee's express written consent, which can be granted, withheld or conditioned in Grantee's sole discretion. f) Protection of Water Rights. If Grantor fails to continue the recent historical use of the Water Rights on the Property in such a way that the Water Rights should become subject to a threat of abandonment, by action or inaction, Grantor shall provide the Grantee a copy of any written notice received from any state water official concerning the use, or possible abandonment, of the Water Rights. if the Grantee discovers that the Water Rights are subject to a threat of abandonment, the Grantee shall give Grantor written notice of such threat. If, and only if, Grantor fails to cure the threat of abandonment within 90 days of receiving such notice from the Grantee or state, the Grantee shall, in addition to any other remedies available to the Grantee under this Deed or law, have the right, but not the obligation, to: (l) enter upon the Property and undertake any and all actions reasonably necessary to continue the historical use of the Water Rights; (2) seek removal of the Water Rights from the decennial abandonment list; (3) seek to change the Water Rights to another use consistent with the Purposes of this Deed; and (4) sell, lease or otherwise convey all or part of such Water Rights to the Colorado Water Conservation Board or other then -qualified entity for the specific conservation purpose of protecting or enhancing instream flows or water levels in streams, rivers, lakes and/or reservoirs. Grantor agrees to cooperate in any manner necessary to accomplish the Grantee's election, which may include authorizing the Grantee to file for and obtain any administrative or judicial approvals; (1) Assessments. In the event such Water Rights are represented by water shares, stock certificates, water allotments, contracts, units or interests in a joint ditch, ditch and/or reservoir company, water users association or similar entity, the Grantor shall promptly pay all assessments and shall not allow the Water Rights or shares to be forfeited, sold or otherwise impaired as a result of nonpayment. If the Grantor shall fail to pay any assessment of any joint ditch, ditch and/or reservoir company, water user association or other similar entity and the Water Rights become subject to forfeiture, sale or other impairment as a result of such delinquency, the Grantee shall, in addition to any other remedies available to the Grantee under this Deed or law, have the right to pay such assessment. In such event, the Grantor shall reimburse the Grantee for all its expenses incurred in paying such assessment and preventing the forfeiture, sale or impairment of the Water Rights, including, but not limited to, reasonable attorneys' fees. The Grantee shall thereafter have a lien upon the Water Rights that are the subject matter of this Deed for such expenses and shall have the right to foreclose upon that lien if not reimbursed within six months. (2) Abandonment and Forfeiture. If the Water Rights become subject to any abandonment or forfeiture proceeding or the Grantee determines that the Water Rights are otherwise subject to a threat of abandonment or forfeiture, the Grantee shall give the Grantor written notice of such threat of abandonment or forfeiture and consult with the Grantor to discuss the matter. If, and only if, Grantor fails to cure the threat of abandonment or forfeiture within six months, or any other timeline set by the Colorado Division of Water Resources, of receiving such notice from the Grantee, the Grantee shall, in addition to any other remedies available to the Grantee under this Deed or law, have the right to (i) enter upon the Property and undertake any and all actions reasonably necessary to continue the historical use of the Water Rights, if desired by the Grantee; and (ii) defend the Water Rights in any abandonment or forfeiture proceeding. If the Water Rights remain subject to abandonment or forfeiture, the Grantee may, after consultation with the Grantor, seek to change the Water Rights to another Permitted Water Use, including, but not limited to, use for instream flows and/or maintenance of water levels in lakes and reservoirs. The Grantor agrees to cooperate in any manner necessary to accomplish the Grantee's election and authorizes and appoints the Grantee as its agent and attorney -in -fact to file for and obtain any administrative or judicial approvals required to effectuate such changes. g) Effect of Loss. No loss of Water Rights through injury or abandonment, or conversion of the Water Rights as set forth above, shall be considered a severance of the title to the Water Rights from the Property or as basis for extinguishment of this Deed; h) Ditch or Reservoir Company. C.R.S. §38-30.5-104(5) requires that, when a conservation easement encumbers a water right represented by shares in a mutual ditch or reservoir company, 60 days' notice shall be given to said company before the conservation easement may be conveyed. The Parties acknowledge this requirement has been fulfilled; and i) Temporary Instream Flow Use of Water Rights. The parties recognize that adverse environmental conditions, such as drought, occur from time -to -time and that such conditions may pose a more significant threat to the natural environment and life -sustaining ecological diversity of streams, rivers, lakes and reservoirs than to the Conservation Values of the Property. Therefore, the parties agree that the Grantor may enter into legally enforceable water leases, contracts, emergency water loans or similar agreements for conservation purposes to temporarily increase instream flows and/or water levels in streams, rivers, lakes and/or reservoirs to preserve the natural environment of such water body(s), provided that (i) the Grantee has given its prior written consent to such arrangements, (ii) the Water Rights shall not be used for such uses more than three out of every ten years without a written determination by the Grantee that such use would not jeopardize the long-term Conservation Values of the Property, and (iii) that such arrangements comply with current law. 3. Wildlife Conservation Areas. Two (2) wildlife conservation areas, the Hillside Wildlife Conservation Area and the Roaring Fork River Wildlife Conservation Area, have been identified and are depicted on Exhibit B. No development is permitted in these areas and they shall be managed to benefit the wildlife. Minimal grazing may be allowed in conjunction with a grazing plan to ensure forage for wildlife and promotion of healthy vegetation (the "Grazing Plan"). The Grazing Plan shall be approved by written consent of the Grantee in accordance with Section 10 below. 4. 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 Parks and Wildlife and other applicable federal, state and local laws and regulations; S. 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; b. Trash. The dumping or accumulation of any kind of trash or refuse on the Property, other than farm related trash and refuse produced on the Property, is strictly prohibited. However, this shall not prevent the storage of agricultural products and by- products on the Property in accordance with all applicable government laws and regulations. 7. Timber Harvesting. Trees may be cut to control insects and disease, to prevent personal injury and property damage, and for firewood and other domestic uses, including construction of permitted buildings and fences on the Property. 8. Weed Control. Grantor agrees to control noxious weeds and invasive plant specie, 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; 9. Mining. The commercial mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Grantor as of the date of this Deed or later acquired by Grantor, using any surface mining method is prohibited. 5. Rights Retained by Grantor. Subject to interpretation under Paragraph 18 titled "Interpretation," as owners of the Property, Grantor retains the right to perform any act not specifically prohibited or limited by this Deed. These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing on the Property and the right to sell or otherwise transfer the Property to anyone they choose. 6. Commercial Uses. No industrial uses shall be allowed on the Property. Commercial uses are allowed, as long as they are conducted in a manner that is consistent with § 170(h) of the 1RC and the Treasury Regulations adopted pursuant thereto, are consistent with the purposes of this Deed, and do not substantially diminish or impair the Property's Conservation Values. Without limiting other potential commercial uses that meet the foregoing criteria, the following uses are allowed: breeding and training of horses or other livestock, processing or sale of farm or ranch products predominantly grown or raised on the Property; the pasturing of livestock and/or horses on the Property; home occupations conducted by and in the home of a person residing on the Property; professional commercial activities including, but not limited to, real estate brokerage, insurance, financial planning, and the practice of law conducted by Grantor or related parties; and customary rural enterprises, such as hunting, fishing, farm machinery repair, bed and breakfasts, livestock veterinary services, and similar enterprises conducted by Grantor or by another person residing on the Property. 7. Public Access. Nothing herein contained shall be construed as affording the public access to the Property. The previous sentence notwithstanding, the public shall be allowed access to the property as specified in the Recreation and Access Easement. 8. Continuing Agriculture Provisions. A. Agricultural Use. Beyond the uses specifically permitted and prohibited by this Deed, the Parties agree that Grantor, directly or through an operator or operators responsible to Grantor (together with Grantor, the "Operators"), shall ensure that the portions of Property designated as Common Area (as shown on Exhibit B) remain in Productive Agricultural Use for so long as Productive Agricultural Use is commercially reasonable on the Property, and except for temporary periods when Productive Agricultural Use is impossible or inadvisable in Grantor's reasonable discretion (which stoppages shall not occur for longer than three years more or frequently than three out of every six years). "Productive Agricultural Use" is defined as an economically and ecologically sustainable level of Agricultural Operations, as such term is defined in Pitkin County Land Use Code, sufficient to qualify the Property as agricultural land by the Pitkin County Assessor. Nothing in this Deed will be interpreted to restrict an Operator from engaging in Productive Agricultural Use in areas of the Property outside of the Common Area in its discretion consistent with applicable zoning, other regulations, the restrictions of this Deed and the Conservation Values. B. Replacement of Grantor with an Operator. Should Grantor find that it cannot, or that it does not wish to, continue Productive Agricultural Uses of the Common Area, and must cease, or wishes to cease, to engage actively in Productive Agricultural Use of the Common Area, then Grantor shall in good faith promptly use commercially reasonable means, including, without limitation, advertising, requests for proposals, and consultation with established Pitkin County and other nearby ranchers and organizations, to obtain a Qualified Operator, as defined below, who will maintain Productive Agricultural Uses of the Common Area and the other terms of this Deed in lieu of Grantor. A "Qualified Operator" is a farmer or rancher with sufficient knowledge, experience, and financial resources to carry on successful Productive Agricultural Uses of the Common Area. Should Grantor be unsuccessful entering into a Lease (as hereinafter defined) with a Qualified Operator within a reasonable period (not to exceed six (6) months), the Grantee shall have the right, but not requirement, in accordance with Grantee's Agricultural Lease Policy then in effect to seek such a Qualified Operator subject to approval by the Grantor. Grantee shall notify Grantor of the date it begins its recruitment of a Qualified Operator. If Grantee has not retained a Qualified Operator within twelve (12) months of such date, Grantor and Grantee shall cooperate in good faith to amend this Deed to permit Grantor to engage in other economically sustainable uses of the Common Area as consistent as possible with the Conservation Values. C. Oualified Operator Lease. If it is necessary to retain a Qualified Operator as provided above, Grantor agrees to enter into a commercially reasonable agriculture production lease ("Lease") with the selected Qualified Operator, subject to the terms of this Deed. Pursuant to the terms of the Lease, the Qualified Operator/lessee shall be allowed such use of the Property, including, all Common Area, improvements such as roads, fencing and corrals, facilities and structures or portions thereof previously used and/or reasonably necessary for Productive Agricultural Uses (subject to reasonable limitations set forth by Grantor), and water resources, as may reasonably be required to conduct the required Productive Agricultural Uses of the Common Area. The Lease shall provide for reasonable fair market compensation to Grantor by the Qualified Operator/lessee's use of such infrastructure. Maintenance, repair, replacement and improvements to such facilities shall be at the expense of the Qualified Operator/lessee (whether considered to be operating or capital expenses). All improvements to the Property shall become the property of Grantor upon termination of the Lease. The Lease shall have a duration sufficiently long to enable the Qualified Operator/lessee reasonably to make the financial commitments and investments needed for successful Productive Agricultural Uses of the Common Area and shall provide for a fair and reasonable rental consistent with then prevailing commercial practice in Pitkin County and vicinity. The Lease shall include provisions to this effect satisfactory to Grantee. Any Lease must bind the lessee to the terms of this Deed. Prior to executing any Lease, Grantor shall make a copy of the proposed version of the Lease available to Grantee for its review and approval to ensure its consistency with the terms of this Deed. The commencement and implementation of Productive Agricultural Uses of the Common Area by the Qualified Operator/lessee shall occur as soon as practicable after approval of the Lease by Grantee and execution of the Lease. Subleasing by the Qualified Operator shall not be permitted without the written consent of Grantor. D. Subsequent Qualified Operators. The process for installing a Qualified Operator/lessee set forth above shall be carried out each time any Qualified Operator ceases for any reason to be carrying on Productive Agricultural Uses of the Common Area so that Grantor, either itself or through an operator, is diligently and continuously carrying on Productive Agricultural Uses of the Common Area in perpetuity, subject to seasonal stoppages, interim periods between Qualified Operators of the kind described in Section 9(b) and temporary work stoppages of the kind described in Section 9(a). E. Right to Specific Performance. Grantor recognizes that a material portion of the consideration by Grantee to Grantor was based on the commitment of Grantor that Grantor and its personal representatives, heirs, successors, and assigns would be legally bound to carry on Productive Agricultural Uses ("Continuing Agricultural Use") on the Common Area in perpetuity. Grantee's remedies at law for any material violation of Grantor's commitment to carry on Productive Agricultural Uses as required by this Deed are inadequate, and Grantee shall be entitled to specific performance of Grantor's obligations under Section 12, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. This right is in addition to the right to injunctive relief, both prohibitive and mandatory, and such other relief to which Grantee may be entitled. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 9. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purpose of this Deed. Whenever notice is required, Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intend to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Deed. 10. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Deed. Failure of Grantee to respond within the required sixty (60) days shall not be deemed approval by Grantee. 11. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, this shall apply to: A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments before delinquency levied against the Property by competent authority (collectively "taxes"). If Grantee are ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. B. Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. C. Liability and lndetnnification. If Grantee is ever required to defend itself from claims or is required by a court to pay damages for personal injury or property damage that occurs on the Property, Grantor shall indemnify and reimburse Grantee for these payments, as well as for reasonable attorney's fees and other expenses of defending itself, unless Grantee or any of their agents have committed a negligent or deliberate act that is determined by a court to be a cause of the injury or damage. In addition, Grantee may request Grantor to warrant that Grantee are and will continue to be an additional insured on Grantor's liability insurance policy covering the Property. If so requested, Grantor shall provide certificates of such insurance to Grantee upon reasonable request on an annual basis. Notwithstanding the foregoing, the Grantor may require a third party renter or lessee to sign a hold harmless clause. Grantor and Grantee agree to the following; a) Grantor's Recreational Immunity. Grantor has granted a Recreation and Access Easement, described above, in conjunction with the grant of this deed. A trail easement has also been recorded for a portion of the Rio Grande Trail that encroaches onto the Property. Both recreation easements include language granting recreational immunity under C.R.S. Section 33-41-101, et seq., and the Grantor is entitled to the benefits, protections, and limitations on liability afforded by Colorado law governing recreational easements, including without limitations said Section 33-41-101, et seq. 12. Enforcement. Grantee shall have the right to prevent and correct or require correction of violations of the terms of this Deed. With reasonable advance notice to Grantor (except in the case ofany ongoing or imminent violation, in which case such notice is not required), Grantee may enter the Property for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee may, at its discretion, take appropriate legal action. Upon discovery of any such violation, the Grantee shall immediately notify Grantor in writing of the alleged violation. The Grantee shall give Grantor sixty (60) days to correct the alleged violation before filing any legal action. When an ongoing or imminent violation is causing material damage to or could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. If the parties cannot resolve the violation themselves, the parties may mutually agree to an alternative method of dispute resolution, such as mediation. If a court with jurisdiction determines that a violation may exist or has occurred, Grantee may obtain an injunction to stop it, temporarily or permanently, in addition to such other relief as the court deems appropriate. A court may also issue an injunction requiring Grantor to restore the Property to its condition prior to the violation. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. Any failure by Grantee to discover a violation or forbearance by the Grantee to exercise their rights under this Deed in the event of any breach of any term of this Deed by Grantor shall not be deemed or construed to be a waiver by Grantee of such term of any subsequent breach of the same or any other term of this Deed or of any of Grantee's rights under this Deed. No delay or omission by the Grantee in the exercise of any right or remedy upon any breach by the Grantor shall impair such right or remedy, or be construed as a waiver. The Grantor hereby waives any defense available to the Grantor pursuant to Colorado Revised Statutes §38-41-I 19, or the defense of caches, estoppel, or prescription. 13. Transfer of Deed; Requirement for Assignment or Enforcement. A. Transfer by Grantee. With the prior written consent of Grantor (which consent shall not be unreasonably withheld) Grantee shall have the right to transfer all (and not less than all) of the rights and obligations created by this Deed and to assign its rights and obligations hereunder to any private nonprofit organization that, at the time of transfer, is a qualified organization under § 170(b) of the IRC, and under Colorado Revised Statutes §38-30.5- 101, el seq., (a "Qualified Organization"), expressly agrees to assume the responsibility imposed on Grantee by this Deed and agrees that the conservation purposes that this Deed is to advance continue to be carried out. Notwithstanding anything in this paragraph to the contrary, this Deed shall not be transferred by Grantee to any governmental entity or public agency without the consent of the Grantor, which consent shall be in Grantor's sole discretion. If Grantee desires to transfer this Deed to a Qualified Organization having similar purposes as Grantee, but Grantor refuses to approve the transfer, a court with jurisdiction shall transfer this Deed to another Qualified Organization having similar purposes and mission as Grantee and that agrees to assume the responsibility of enforcing this Deed, provided that Grantor receive notice of and an opportunity to participate in the court proceeding. B. Transfer by Judicial Process. If the Grantee ever ceases to exist, or is no longer a Qualified Organization, then the Deed shall be assigned to another Qualified Organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed. If the Grantee is no longer monitoring and enforcing the terms of this Deed to preserve and protect the Conservation Values of the Property, then the Grantor may apply to a court with jurisdiction for such court to transfer this Deed to another Qualified Organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed, provided that Grantee and Grantor receive notice of and an opportunity to participate in the court proceeding. 14. Transfer of the Property. Grantor shall notify Grantee in writing at least twenty (20) days prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Deed. Grantee shall have the right to record a document in the real property records in Pitkin County to put such third parties on notice of the requirements of this paragraph, and of the requirements of Paragraph 17. Failure to provide notice pursuant to this paragraph or such recorded document shall not invalidate any transfer of the Property. 15. Amendment of Deed. This Deed may be amended only with the express prior written consent of Grantee and Grantor by an instrument duly executed by Grantor and Grantee recorded in the real property records of Pitkin County, Colorado. Any such amendment shall be consistent with the purposes of this Deed and shall comply with § 170(h) of the IRC, or any regulations promulgated thereunder. Any such amendment shall also be consistent with Colorado Revised Statutes §38-30.5-101, et seq., or any regulations promulgated thereunder, and shall not affect the perpetual duration of this Deed. 16. Real Property Interest. This Deed constitutes a real property interest immediately vested in the Grantee. The parties stipulate that this Deed has a fair market value equal to a proportion of the property value determined by dividing the value of the Property encunkbered by the Deed by the value of the Property unencumbered by this Deed, based on an appraisal used to calculate the deduction for federal income tax purposes allowable by reason of this Deed, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended, whether or not Grantor claims any deduction for federal income tax purposes. Unless otherwise agreed to by the parties, an appraisal used to calculate the ratio of the value of the Deed to the value of the Property as unencumbered by this Deed ("Deed Value Ratio") shall be obtained at Grantee's expense within six (6) months of notice of condemnation or extinguishment of some or all of the Deed or the Property. For the purposes of this Deed, the Deed Value Ratio shall remain constant. 17. Condemnation or Other Extinguishment. This Deed can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party in writing when it first learns of such circumstances. 18. Interpretation. This Deed shall be interpreted under the laws of the State of Colorado, resolving any ambiguities and questions of the validity of specific provisions so as to preserve the Conservation Values and give maximum effect to its conservation purposes. 19. Perpetual Duration. The easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. A party's rights and obligations under this Deed terminate upon a permitted transfer of the patty's interest in this Deed or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 20. Notices. Any notices required by this Deed shall be in writing and shall be personally delivered or sent by certified mail, return receipt requested, to Grantor, Grantee respectively at the following addresses, unless a party has been notified by the other of a change of address. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender: To Grantor: Robert Oxenberg and Maureen McCluskey Oxenberg P.O. Box 12381 Aspen, Colorado 81612 Email: robertoxenberg(a].gmail.com To Grantee: Board of County Commissioners of Pitkin County, Colorado c/o The Pitkin County Attomey's Office 530 East Main Street, Suite 301 Aspen, Colorado 81611 Email: attomey@pitkincounty.com 21. Grantor's Title Warranty. Grantor warrants that Grantor has good and sufficient title to the Property and hereby promises to defend the same against all claims from persons claiming by, through or under Grantor. 22. Grantor's Environmental Warranty and Indemnity. Grantor warrants that Grantor, without duty of inquiry, has no actual knowledge of a release or threatened release of Hazardous Substances or wastes on the Property. For the purposes hereof, "Hazardous Substances" does not mean any typical agricultural chemicals such as herbicides and pesticides utilized on properties of this type in Pitkin County, provided that all such chemicals are used in accordance with applicable laws and manufacturer's specifications. Without limiting the foregoing, nothing in this Deed shall be construed as giving rise to any right or ability in Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial control over the day-to-day operations of 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. 23. Subsequent Liens on the Property. No provisions of this Deed shall be construed as impairing the ability of Grantor to use the Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing shall be subordinated to this Deed. 24. No Merger. No merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed, unless the parties expressly state that they intend a merger of estates or interests to occur. 25. Recording. Grantee shall record this Deed in the official records of Pitkin County, and may re-record it at any time as may be required to preserve Grantee rights hereunder. 26. Definitions. For the purposes of this Deed, the following words and phrases are defined as follows: A. Easement. The terms "Easement," "conservation easement," "Deed of Conservation Easement," and "Deed of Conservation Easement in gross" refer to this legal document and to the immediately vested interest in real property defined by Colorado Revised Statutes §§38-30.5-101 et seq.; B. Applicable Laws. The term "Applicable Laws" refers to all relevant federal, state, and local statutes, ordinances, judicial decisions, executive orders, codes or regulations having the force and effect of law that have bearing on or may control certain uses allowed by the Deed; C. Low -Impact. The term "Low -Impact" refers to activities or improvements whose location, use and construction have negligible or no surface impact on the Property and do not damage the Conservation Values (meaning, they have no scenic impact from public rights -of -way; do not result in harassment of wildlife, increased erosion or compaction of soils; earthmoving or re -contouring of land; construction of roads or installation of utility lines; nor damage to relatively natural habitat including rivers, wetlands, riparian areas or other water resources); D. High -Impact. The term "high -impact" refers to any activities or improvements whose location, use and construction may impact more than 10% of the Property, or which may impair the Conservation Values through scenic impact from public rights - of -way, harassment of wildlife, earthmoving, re -contouring of land, construction of roads or installation of utility lines, increased erosion or compaction of soils, or damage to relatively natural habitat; E. Off -Grid. The term "off grid" refers to structures or improvements that do not require utilities such as electricity or water, or that are not connected to the local or national power grid. Instead, power or water may be provided by attached, built-in, or adjacent energy sources or wells, respectively. F. Caretaker Dwelling Unit. The term Caretaker Dwelling Unit (CDU) means a separate, accessory dwelling that is deed restricted to occupancy by qualified residents, as defined in the employee housing guidelines, or members of the Grantor's immediate family, even though they may not qualify as employees of the community, and is subject to the restrictions of Sec. 4-30-50(e) of the Pitkin County Land Use Code and Resolution 049-2020. G. Renewable Energy Resource. The Term "renewable energy resource" refers to an energy source that is replaced rapidly by natural processes, such as biomass, hydro, geothermal, solar or wind. H. Renewable Energy Generating Structures. The term "renewable energy generating structures" refers to structures used to collect renewable energy resources that are replaced rapidly by natural processes, such as biomass, hydro, geothermal, solar or wind. I. Stock Ponds. Stock ponds, also known as livestock water tanks," are defined in C.R.S. § 35-49-103 and for the purpose ofth'rs Deed as including "all reservoirs created by dams constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway to be used for stock watering purposes." J. Point of Diversion. The legal location or specifically named place where water is diverted or removed from its source. 27. Subsequent Transfers. Grantor shall incorporate the terms and conditions of this Deed in any easement or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, conveyance of a Leasehold interest to a third party. Grantor further agrees to give written notice to Grantee of the transfer of any interest in the Property at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Deed or limit its enforceability in any way. 28. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Deed shall be liberally construed in favor of the grant to effect the purpose of this Deed and the policy and purpose of Colorado Revised Statutes §38-30.5-101, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. 29. Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstanffp other than those as to which it is found to be invalid, as the case may be, shall not be affected ttereby. 30. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Deed and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Deed, all of which are merged herein. 31. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 32. Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 33. Termination of Rights and Obligations. A party's rights and obligations under this Deed terminate upon transfer of the party's interest in the Deed or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 34. 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. 35. Third Party Beneficiaries. This Deed is entered into by and between Grantor and Grantee, and does not create enforcement rights or responsibilities in any other third parties, including the general public. 36. Acceptance. As attested by the signature of an authorized party affixed hereto, Grantee hereby accepts, without reservation, the rights and responsibilities conveyed by this Deed. Grantee acknowledges receipt and acceptance of this Deed encumbering the Property for which consideration was provided, but no goods or services were provided. 37. Change of Conditions. A change in the potential economic value of any use that is prohibited by or inconsistent with this Deed, or a change in any current or future uses of neighboring properties, shall not constitute a change in conditions that makes it impossible or impractical for continued use of the Property for conservation purposes and shall not constitute grounds for terminating the Deed. 38. No Land Use Approvals Imputed to Deed. The Grantor shall be solely responsible for compliance with applicable laws in regard to the exercise of rights reserved herein, and, nothing contained in this Deed is intended to represent a permit or land use approval by Pitkin County. IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed as of the day and year first above written. GRANTOR: By: � (fall/ STATE OF COIOCo-(1c COUNTY OF 2.144.1V1 ) )ss. 4 AARON SCOTT PURLEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20214028511 hI Commksslon Expires July 16, 2025 Acknowledged before me this (lit day of NO1101 ter 2023, by Witness my hand and official seal. My commission expires: mitt j2o25 t Rdu, Notary Public GRANTOR: By: STATE OF CAM-4 d0 COUNTY OF c)if-k ) )ss. AARON SCOTT PURLEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20214028511 My Commission Expires July 18, 2025 4 Acknowledged before me this (Litday of uerx, 2023, by Witness my hand and official seal. My commission expires: O7 f I /20Z S r 4Pi'itt421-/ i�x Pubic GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO STATE OF COLORADO )ss. COUNTY OF PITKIN The foregoing document was acknowledged before me on N'Ottpvii *?49.3 , by war c .. , Chair of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Witness my hand and official seal. My commission expires: 1. Richard Young Nelley 111 NOTARY PUBLIC; STATE OF COLORADO s NOTARY ID 20174028581 MY COLUAISSI0N F) P1RES Fabniary 4, 2026 EXHIBIT A Legal Description of Property LOT 6. ASPEN RIVER VALLEY RANCH, DESCRIBED AS FOLLOWS: A PARCEL OF LAND ND BEING PART OF TRACTS 69 AND 84, AND BEING LOCATED [N SECTIONS 25 AND 36, TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, SAID PARCF1, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON LINE 1-9 OF SAID TRAC T69 WHENCE A.P. 1 OP TRACT 69 BEARS NORTH 00 DEGREES 23'46"W 410.00 FEET; THENCE SOUTI 100 DEGREES 23'46"E 746.32 FEET ALONG SAID LINE 1 -9; THENCE SOUTH 53 DEGREES 12' 15"W 71 1.64 FEET; THENCE SOUTH 33 DEGREES 00'00"E 593.48 FEET; THENCE SOUTH S0 DEGREES 00'00"W 1505.89 FEET; THENCE NORTH 00 DEGREES 42'19"W 440.00 FEET TO THE A.P. 6 OF SAID 'TRACT 69; THENCE NORTH 89 DEGREES 40'19"W 276.80 FEET ALONG LINE 6-5 OF TRACT 69; THENCE NORTH 18 DEGREES 00'00'W 310.39 FEET, ITILNCE NORTH 43 DEGREES 00'00"E 2600 00 FEET IOTHEPOINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. IP IP !U!!Ifl!!.U!!!!!JIP!IIIJIJI III��I�I�tI�It111iIIII��IIIIII�,,;: 10II11111NIIR9t ' lli1:41-:�i�►�w�liaflY►Y►rtihkI I.iI �IY 13� 1 HP e 7 t 171 e4 ji 'a 11 'f i! EXHIBIT C Baseline Report Attestation Attestation The data, explanatory text, photographs, and maps assembled in this baseline report and update are agreed by all parties hereto to acknowledge that this baseline inventory is an accurate representation of the natural resources, conservation values, physical features and condition of the Lot 6 Aspen River Valley Ranch conservation easement at the time of this report. In compliance with §1.170-14(gX5)(i)(D) of the Federal Tax Regulations, this Baseline Condition Report and update is an accurate representation of the property as of June 1, 2023, the date of this reports final drafting and site assessment. Grantors: " _ Robert Oxen / Maureen cCluskey Oxenbei f 1 /J7/ P.O. Bo j• 81 Aspen, Colorado 81612 Date Grantee: Pitkin 1 � Date 530 East Main Street, Suite 202 Aspen, Colorado 81611 i, Paul Holsinger, prepared this Baseline Condition Report with Bob Oxenberg, the Grantor, and the Grantee, Pitkin County (the County). This report was prepared in accordance with Title 26 of the Internal Revenue Code (§ 1.170A-14(g)(5)). To the best of my knowledge, this Baseline Condition Report is an accurate representation of the Lot 6 Aspen River Valley Ranch Con tion Easement property as of the / day of , 2023. ///4/Lei Paul Holsinger Date Agriculture and Conservation Easement Manager Pitkin County Open Space & Trails 1, Robert Oxenberg, the Grantor, prepared this Baseline Condition Report with Paul Holsinger of Pitkin County Open Space &Trails, and the Grantee, Pitkin County (the County). This report was prepared in accordance with Title 26 of the Internal Revenue Code [§1.170A-14(gx5)]. To the best of my knowledge, this Baseline Condition Report is an accurate representation of the Lot 6 Aspen River Valley Ranch Conservation Easement property as of the / day of , 2023. 0/A1 Robert Oxenberg Date 1 E. Of .Grid. The term "off -grid" refers to structures or improvements that do not require utilities such as electricity or water, or that are not connected to the local or national power grid. Instead, power or water may be provided by attached, built-in, or adjacent energy sources or wells, respectively. F. Caretaker Dwelling Unit. The term Caretaker Dwelling Unit (CDU) means a separate, accessory dwelling that is deed restricted to occupancy by qualified residents, as defined in the employee housing guidelines, or members of the Grantor's immediate family, even though they may not qualify as employees of the community, and is subject to the restrictions of Sec. 4-30-50(e) of the Pitkin County Land Use Code and Resolution 049-2020. G. Renewable Energy Resource. The Term "renewable energy resource" refers to an energy source that is replaced rapidly by natural processes, such as biomass, hydro, geothermal, solar or wind. H. Renewable Enemy Generating Structures. The term "renewable energy generating structures" refers to structures used to collect renewable energy resources that are replaced rapidly by natural processes, such as biomass, hydro, geothermal, solar or wind. I. Stock Ponds. Stock ponds, also known as livestock water tanks," are defined in C.R.S. § 35-49-103 and for the purpose ofthis Deed as including "all reservoirs created by dams constructed after April 17, 194 i, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway to be used for stock watering purposes." J. Point of Diversion. The legal Location or specifically named place where water is diverted or removed from its source. 27. Subsequent Transfers. Grantor shall incorporate the terms and conditions of this Deed in any easement or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, conveyance of a leasehold interest to a third party. Grantor further agrees to give written notice to Grantee of the transfer of any interest in the Property at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Deed or limit its enforceability in any way. 28. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Deed shall be liberally construed in favor of the grant to effect the purpose of this Deed and the policy and purpose of Colorado Revised Statutes §38-30.5-101, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. 29. Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstanEfp other than those as to which it is found to be invalid, as the case may be, shall not be affected tOreby. 1- 30. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Deed and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Deed, all of which are merged herein. 31. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 32. Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 33. Termination of Rights and Obligations. A party's rights and obligations under this Deed terminate upon transfer of the party's interest in the Deed or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 34. 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. 35. Third Party Beneficiaries. This Deed is entered into by and between Grantor and Grantee, and does not create enforcement rights or responsibilities in any other third parties, including the general public. 36. Acceptance. As attested by the signature of an authorized party affixed hereto, Grantee hereby accepts, without reservation, the rights and responsibilities conveyed by this Deed. Grantee acknowledges receipt and acceptance of this Deed encumbering the Property for which consideration was provided, but no goods or services were provided. 37. Change of Conditions. A change in the potential economic value of any use that is prohibited by or inconsistent with this Deed, or a change in any current or future uses of neighboring properties, shall not constitute a change in conditions that makes it impossible or impractical for continued use of the Property for conservation purposes and shall not constitute grounds for terminating the Deed. 38. No Land Use Approvals Imputed to Deed. The Grantor shall be solely responsible for compliance with applicable laws in regard to the exercise of rights reserved herein, and, nothing contained in this Deed is intended to represent a permit or land use approval by Pitkin County. IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed as of the day and year first above written. GRANTOR: By: STATE OF Coloco.do COUNTY OF P41rkW ) ss, AARON SCOTT PURLEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20214028511 My Commission Expires July 18, 2025 Acknowledged before me this t4l' day of KoVellbe.r , 2023, by Witness my hand and official seal. My commission expires: 07 f 1 G 1262 5 Notary Public (111APVI �W1/2 GRANTOR: STATE OF Colorado ) ss. COUNTY OF eitkivt ) Acknowledged before me this 14 day of Witness my hand and official seal. My commission expires: Q! l I W 207_ S AARON SCOTT PURLEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20214028511 My Commission Expires July 18, 2025 2023, by GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B. STATE OF COLORADO )ss. COUNTY OF PITKIN The foregoing document was acknowledged before me on i}wi?t' i2.3 , by Ream( i; ANA /W. , Chair of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Witness my hand and official seal. My commission expires: Richard Young Nelley III NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174026561 MY COMIUSSrOH EXPIRES Fedu.ry a, 2026 EXHIBIT A Legal Description of Property LOT 6. ASPEN RIVER VALLEY RANCH, DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING PART OF TRACTS 69 AND 84, AND BEING LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN, SAID PARCEL MORE FULLY DESCRIBED AS FOLLOWS; BEGINNING ATA POINT ON LINE 1-9 OF SAID TRACT 69 WHENCE A.P. 1 OF TRACT 69 BEARS NORTH 00 DEGREES 23'46"W 410.00 FEET; THENCE SOUTH 00 DF.GREES 23'46"E ?46.32 FEET ALONG SAID LINE 1-9; THENCE SOUTH 53 DEGREES 12'15"W 711.64 FEET; THENCE SOUTH 33 DEGREES 00'00"E 593.48 FEET; THENCE SOUTH 50 DEGREES 00' 00"W 1505.89 FEET; THENCE NORTH 00 DEGREES 42' 19"W 440.00 FEET TO THE A.P. 6 OF SAID TRACT 69; THENCE NORTH 89 DEGREES 40' 19"W 276.80 FEET ALONG LINE 6-5 OF TRACT 69; THENCE NORTH 18 DEGREES 00'00'W 310.39 FEET; THENCE NORTH 43 DEGREES 00'00"E 2600.00 FEET'tOTHEFOINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. • II 1!I1I!II!I11I1IIII11!11l1II1i I1I1111111 II116 11111II1111H11 I 11111111111111101110110R Pi 11111.`-. EXHIBIT C Baseline Report Attestation Attestation The data, explanatory text, photographs, and maps assembled in this baseline report and update are agreed by all parties hereto to acknowledge that this baseline inventory is an accurate representation of the natural resources, conservation values, physical features and condition of the Lot 6 Aspen River Valley Ranch conservation easement at the time of this report. In compliance with § 1.170-14(g)(5)(i)(D) of the Federal Tax Regulations, this Baseline Condition Report and update is an accurate representation of the property as of June 1, 2023, the date of this reports final drafting and site assessment. Grantors: Robert Oxenberg /Maureen NfcCluskey Oxenbe P.O. Bo 381 Aspen, Colorado 81612 Date .r' Grantee: Pitkin Date 530 East Main Street, Suite 202 Aspen, Colorado 81611 1, Paul Holsinger, prepared this Baseline Condition Report with Bob Oxenberg, the Grantor, and the Grantee, Pitkin County (the County). This report was prepared in accordance with Title 26 of the Internal Revenue Code [§ 1.170A-14(g)(5)]. To the best of my knowledge, this Baseline Condition Report is an accurate representation of the Lot 6 Aspen River Valley Ranch Con.. tion E cement property as of the / day of ..ec— , 2023. 9 // / -0X3 Paul Holsinger Date Agriculture and Conservation Easement Manager Pitkin County Open Space & Trails I, Robert Oxenberg, the Grantor, prepared this Baseline Condition Report with Paul Holsinger of Pitkin County Open Space &Trails, and the Grantee, Pitkin County (the County). This report was prepared in accordance with Title 26 of the Internal Revenue Code j§ 1.170A-14(g)(5)]. To the best of my knowledge, this Baseline Condition Report is an accurate representation of the Lot 6 Aspen River Valley Ranch Conservation Easement property as of the / day of -3"; r.t 2023. Robert Oxenberg Date 1 EXHIBIT D Water Rights ENCUMBERED WATER RIGHTS DITCH WATER RIGHTS AND RESOURCES IRRIGATION RIGHTS Name of Water Right Decreed mount Decreed Use Adjudication Date Appropriation Date Case No. Last Chance Duch Priority No. 371 First Enlargement 0.5 C.F.S. rrigaticm August 25. 1936 &fay 2. 1406 Cue no. 3082 Eli Cerise bitch Priority No. 3» First Enlargement 0.5 C.F.S. Irrigation August 25. 1936 May 2, 1906 Case no 3082 _ .. _ —w .1. d. EXHIBIT E Disclosure of Perpetuity COLORADO Department of Regulatory Agencies Division of Conservation DISCLOSURE OF PERPETUITY The Division of Conservation and the Conservation Easement Oversight Commission administer Colorado's conservation easement state income tax credit. In order to be eligible for the tax credit, the conservation easement must be a restriction that forever runs with the land in perpetuity. To demonstrate that this requirement is well understood, and pursuant to 38-30.5-103(6) C.R.S., landowners that grant a conservation easement on and after January 1, 2020 are required to execute this form. The landowner acknowledges that: • the conservation easement is being granted in perpetuity; and • the conservation easement may only be released, terminated, or extinguished if a court with jurisdiction determines that conditions on or surrounding the property change so that it becomes impossible to fulfill the conservation purposes that are defined in the conservation easement. The undersigned understands the information provided herein and wishes to grant the conservation easement and, if applicable, apply for a Colorado state income tax credit. This form must be executed prior to granting the conservation easement. The signed form must be submitted to the Division of Conservation as part of the tax credit application. By signing below you acknowledge that the conservation easement is being granted in perpetuity, GRANTOR: Aa7f,j6109,fictYr\ratOlb/U‘ Grantor Signature Graa ee 5 Ake,' DAPA1" Printed Name:, /Avrop,•- /y1cr/44'"1 Printed Name: Date: Date: Nit EXHIBIT F Resolution 049-2020 RECEPTK: 665417, R: $0.00. D: $0.00 DOC CODE: RESOLUTION Pg 1 d 13, 0612612020 at 10:44:38 AM Jantoo I Vas Catodfl, PHIdn County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Of PITKIN COUNTY, COLORADO APPROVING THE OXENBERG SUBDIVISION CONCEPTUAL SUBMISSION, ACTIVITY ENVELOPE REVIEW, PLANNED UNIT DEVELOPMENT (PUD) AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT (CDU) Resolution Not 2020 RECITALS 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Horne Rule Charter ("HRC') official action by formal resolution shall be required for all actions of the Bonne trot requiring ordinance power on matters of significant importance affecting citizens. 2. Robed and Maureen Oxenbe*g (hereafter 'Applicants") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") requesting to subdivide their 39.08 property into three (3) residential lots and a commis parcel. 3. The Applicants propose to add a new residential unit onto each Parcel 2 and Parcel 3. There is ors existing residence end a caretaker dwelling unit (CDU) an proposed Parcel 1 (the fathering parcel): the CDU will remain or be replaced on Parcel I, or may be relocated to Parcel 2, Parcel 3 OT within the barn on the Common Parcel. 4. The subject property ie loaned at 2520 Lower River Road; Lot 6 of Aspen River Valley Ranch Subdivision, PIM 2467-254-00-007. The legal description is attached, Exhibit A. 5. The property is zoned AR-10 and contain 39.08 acres. 6. The BOCC rezoned the subject property with a PUD overlay, pursuant to Ordinance No. -2020. 7. The BOCC granted a Growth Management allotment of 15,250 square feet of gross floor arca to be divided as follows: 8,500 square fed for Parcel 2 and 5,750 square feet for Parcel 3, and 1,000 square feet for a caretaker dwelling unit, pursuant to Resolution No. 010-2020. 8. Thc Planning and Zoning Cortmtission considered the proposed application at regularly scheduled meetings on February 4, 2020 and March 3.2020 and recommended approval by a vote of 5-0. 9. The BOCC considered the prposed application on first reading al a duly noticed public bearing on Aprnt 22, 2020. The BOCC heard the request on second reading at a continued public hearing on May 27, 2020. 10. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code Sections 2-40-50(i) and 7.70 as follows: A. The Application is consistent with the 2016 Woody Creek Master Plan in that roughly 14 ears of highly visible agricultural and pasture land are being conserved along the Lower River Road scenic corridor. The common barn will carry a covenant against any use other than agricultural, no additional barns may be constructed on the property, and no persons outer than members ate PUD may use the hem. The existing water rights will be bound to the land. B. Thc Master Plan stage that "slowly and carefully adding density using aesthetic considerations of compatibility. and keeping growth away from the rural areas, will preserve the open graces while RECEPTIONS: 865417, 06/2612020 at 10:44:30 AM, Pgs 2 of 13, Janice K. Vas Caudill, Pitkin County, CO Resolution Na61-1020 Page 2 still providing important housing for a sustainable community...." The 'preference for method of adding density would be: 1. Responsible development within existing zoning. 2. Scattered, low- dcosity infill of deed -restricted units." C. The subdivision proposal conforms to the underlying AR-10 2tuning A datshy of three dwelling units, one barn, and one CDU for the proposed subdivision is consistari with existing zoning (this includes the fathering parcel) D. The GMQS allotman limits the size of the new dwelling units to below the maximum allowable floor area for single-family homes in this zone district: Parcel 2 to B.S00 square feet and Fated 3 to 5,750 square feel. E ParceI 2 and the common barn are clustered together on the north side of the property limiting disturbance to the open agricultural and pasture land that is intended to be conserved. Parcel 3 is located below Lower River Road and is screened from the scenic road corridor by heavy vegetation. F. Parcel 2 and the barn are within V. mile of winter range and winter cementation area for elk and mule deer; Colorado Parks and Wildlife (CPW) found that the impacts can be mitigated G. A conservation easernent will be placed on the entire property to preserve and restrict the uses to the Wildlife Conservation areas and the Agriculturr/Pastutetand areas. H. The Subdivision/PUD will not cause significant adverse impacts to adjacent prapeties and the Subdiviaion/PUD can be served by existing public facilities. I I. The BOCC finds that the application is consistent with the applicable prorisions of the Pitkin County Land Use Code Section 1.60 as follows A. The proposed development will have negligible impact on public services and facilities. The land use patters proposed will preserve a contiguous area fur agricultural purposes and sensitive wildlife habitat is conserved. B. Naomi hazards are avoided and the scenic corridor of Lower River Road is less impactad by the location of Parcel 3 oa the south side of Lower River Road. C. Sixty-nine percent (69%) of the total acreage is preserved as Wildlife Conservation or Agricultural and Pasture: this includes the area along the Roanng Fork River, and the historically irrigated agricultural and pasture land, and the steep slopes to the north above the Eli Cerise ditch. D. Section 7-5O-20(b)(3), of the Code requires proof of adequate water rights at subdivision conceptual submission. Well pcsmits have been obtained for the two new tots and the barn. E. Most et the Aspen Rtrvor Valley Ranch tracts have been subdivided into pares ss tan than 35 areas. 12. The UOCC finds that the application is consistent with the applicable provisions of the Pithin County Land Use Code Sections 2-30-40(i), 2-40-10(c) (26t3 ), end 3.70-30, es follows: A. The PUD allows the Applicant to vary the minimum lot sizes to poste more open space and preserve inure rural character which is consistent with the land use pattern along Lower River Road. 8. The height of the new residences will be 15%less than the maximum allowed in the zone district. rr. r.._#i.Y 1w ....«. ,2.} �ki1... r::r:..}.-�..,�:_�S i.Sti:;a 1'+Lw....�,:t.xr?:i�.rY.i.d..�'.._ ...-� .r- ^"`�jr...ua,. ...�� l rpft,4 .�„+r:• RECEPTION.: 665417, 06/26/2020 at 10:44:36 AM, Ids 3 of 13, Janice K. Vos Caudill, Pitkin County, CO Resolution 1VoiM-2D20 Page 3 C. The common barn will be limited to agricultural uses only and additional barns will be prohibited on individual parcels. D. Approximately 14 acres of common open space will be conserved, restrided from future development, for use only by the residents of fire PUD. E. Limiting the subdivision to one CDU is consistent with the existing zoning The existing CDU Can remain on Parcel 1, or can be replaced within the common barn structure or located on any of the three residential parcels. F. A SubdivisionWPUD Agreerran and PUD Guide will be required prior to recordation of the subdivision plat. 13. The BOCC fords that the application is consistent with the applicable provisions of the Pitkin County Land Use C.odc Subdivision eritafa. Section 7-70. as follows: A. Division of the property into throe parcels with common eyes is consistent with the underlying zoning, the surrounding neighborhood and the 2016 Woody Creek Master Plan. B. No new County intlrastruelo a or utilities/facilities are required to service this subdivision. Road impact fees will be assessed prior to issuance ofbuildingpercmit. C. A construction management plan and en eaosum sediment cootie' plan will be required with building permit submittal. D. A Subdivisiorr&PUD Improvements Agreement will be required prior to recordation of the final plat. 14. The DOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code Section 7-10-50 and Section 7-20 as follows: A. The Activity Envelope' for Parcel I : 1~ encompass existing development on the property and accessory structures; are located on slopes less than 30 %; arc in mapped low wildfire habitat: D are not visible from Lower River Road due to the heavy vegetation along the road: the existing residence is approximately 20 feet from the river; the Applicant has committed to increase the setback from the river to SO feet when the existing residence is redeveloped; 'r redevelopment of the property will limit the floor area of the residence to 4,000 square feet plus a 750 square foot garage, and one 1,000 square foot CDU, if the CDU remains or is replaced on Parcel 1; and D the Agricultural & Pasture area envelope can be decreased to conform to the 100•foot river setback. B. The Activity Envelope for Parcel 2: 3 is located on slopes less than 30r/.; D is Located in mapped low wildfire area; and RECEPTION#: 665417, 0612612020 at 10:44:38 AM, Pgs 4 of 13, Janice K. Vos Caudill, Pitkin County, CO Resolarion No.K2020 Page 4 3- is Located next to an ephemeral draw, as field verified in a March 3, 2020 SGM engineering report, confirming that the draw is not an intermittent stream, and therefore is not required to comply with the setback requirements in Section 7-20-80. C. The Activity Envelope for the Common Area loam. • is located on slopes less than 30%; and > is located in snapped low wildfire area. D. The Activity Envelope for Parcel 3: > is located on slopes less than 30%; • is located is mapped low wildfire area; > is located 100' from the high water Line of the Roaring Fork River; ➢ is screened from view of Lower River Road; and i► shall be increased in size to at least one acre to ensure proper siting of the on -site wastewater treatment system (OWTS) and well while avoiding steep slopes and the required river setback. E. The Activity Envelope for the, dry hydrant, pond, and well: • is located on slopes less than 30%; and > is located in mapped low wildfire area. F. The Activity Envelopes for the Common Area Agriculture and Pasture area preserves roughly 14 acres of pasture land and are located on areas with less than 30% slopea, and in mapped low wildfire area. G. Activity Envelopes for Parcel 2 and the barn are highly visible from Lower River Road. The lack of topographic features, the gentle slopes from the cast to Lower River Road, and lack of trees prevent effective screening of future development. However, locating the activity arvelopes at the nosh edge of t c open meadows preserves 14 acres of contiguous posture land consistent with the Waal agricultural characteristic of this area. In addition, using PUD zoning to build the common bam prevents additional barns on the landscape. H. The scenic impacts of the development on Parcel 2 is reduced by the Growth Management commitments to limit the height of the development on Parcel 2 to at least 15% below the maximum height showed as measured pursuant to the Land Use Code, and to require al least 20% of the maximum floor area of R,500 square fee to be constructed below grade. 15. The DOCC finds that the proposed CDU is consistent with the applicable provisions of the Pitkin County Land Use Code Sections Section 6-30-40(c) and 4-30.50(e), as follows. A. The Caretaker Dwelling Unit shall be a neaximnan of 1.000 square feet and is pan of the GMQS Allounent total of 15,250 square fat 13. Only ono CDU is approved for the Oxenberg Subdivision/PUD. 1t is curremiy located on Parcel I 1111d may gain or be replaced on Parcel l or may be located in the barn on the Commcat Parcel, or in the Activity Envelope on Parcel 2 or Parcel 3. C. The CDU will be deed restricted. RECEPTION#: 685417, can612020 at 10:44:36 AM, Pim 5 of 13, Janice K. Vos Caudill, Pitkln County, CO Resolution Noff2020 Page S 16. The BOCC finds that it is in the best interests of the citizens of Pitkin Coady to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pilkin County, Colorado that it hereby approves the Oxcnberg SubdivisionlPUD Conceptual Submission, Activity Envelope and Special Review fora Caretaker Dwelling Unit, subject to the fallowing conditions, which shall run with the land and be binding on all successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attomey as to form, execute any other associated documents necessary to complete this matter: 1. The Applicant shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. With the Subdivision Detailed Submission and Fund Plat application, the Applicant shall submit: A. A draft conservation easement for the ensue property, to the benefit of the property owners and the BOCC to preserve and restrict the uses in the Wildlife Conservation areas and the Agncultur /Fastureland areas. The Conservatton Easement shell be reviewed and preliminarily approved by OST, and then reviewed and accepted by the BOCC and executed concurrent with recordation of the Final Plat B. A draft fishing and access easement for the Roaring Fork River The fishing and access casement shall be reviewed and preliminarily approved by OST, and then reviewed and accepted by the BOCC and executed concurrent with recordation of the Final Plat. C A draft Rio Grande trail easement for the portion of the trail that a outside of the RFTA Right - of -Way. to the benefit of the property owners and the BOCC. The Trait Easement shalt be reviewed and preliminarily approved by OST. and then reviewed and accepted by the BOCC and executed concurrent with recordation of the Final Plat. D. The documentation of water court decrees permitting the water uses associated with the pond as represented in the application. E. Address Sec 2-20-10(e) for a determination on whether a covenant prohibiting commercial agricultural activity shall be required. F. A draft plat that: 1 i Revises the Parcel 1 Agricultural and Pasture Envelope to comply with the 100-foot river setback. 2) Reeiaes Parcel 3 to expand the Giza to at tacos one *ere G. !haft SubdivisionnPUD Agreement that. II Requires a covenant that specifies the barn an the common parcel may only be used in association with the raising, producing or kenning of plants or livestock, or cultivation and management of other crops or tutor products. and that any area not consistent with those uses would count as floor area, and limits agricultural buildings on individual. gels in the PUD, per Section 5-20-70(j) (8 & 9). RECEPTION#: 883417, 08/26/2020 at 10:44:38 AM, Pga 8 o113, Janice K. Vise Caudill, Pltkln County, CO Peimlutlon NotY .2020 Page 6 2) Prohibits any type of cultivation of any species of plant of the cannabis genus. 3) Restricts the use of the common ban and parcel for use by the residents of the PUD only, and prohibits specific commercial uses, including but not limited to special events. 4) l..imits the maximum floor area on Parcel 1, when redeveloped, to 4,000 square feet for a residence, 750 square feet for n garage, and 1,000 square feet for a CDU, if the CDU is constructed on Parcel 1. 5) Limits the maximtnn floor area on Parcel 2 to 8,500 square feet with 20% of the floor area below grade, and limits the height to 15% less than the maximum height allowed in the zone district 6) Limits the maximum floor area of the CDU to 1,000 square feet. 7) Limits the maximum floor area on Parcel 3 to 5.750 square feet with 20%'i of the floor area below grade, and limits the height to 15% less than the maximum height allowed in the zone district. H. Docwrnntation from the Aspen! Pitkin County Employee Housing Authority that the existing caretaker dwelling unit on Parcel 1 complies APCHA standards for CDUs and a covenant is recorded or a date by which the existing CDU is removed. 3 Concurrent with recordation of the Final Plat, the Applicant shall record the following: A. GMQS Covenant. B. Development Agreements C. Conservation Easements. D. Fishing and Access Easement. E. Activity Envelopes Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Site Plan Review is required prior to submission of any building permits for the new residences on Parcels 2 and 3, and the barn tend CDU. Approval of an Activity Envelope does not ensure approval of Site Plan Review. 5. Site Plan Review is required prior to submission of eny building permits for redevelopment on Parcel I. 6. Enginixring of adequate debns flow mtltgatiun for Parcel 2 shall he submitted at site plan application per the geotechnical report provided by CollinslLanpirts Report, dated May 21, 1999. 7. The CDU shall not exceed 1,000 total square feet, which shall count toward the total GMQS allotment. The kitchen skull contain the following, as defined in the Aspen/ Pitkin County Employee Housing Guidelines: a minimum of a two -butler stove with oven, standard sink, and o refrigerator tic....ticsy:tz�.s.7.4naaa.:±��.,�.,.�.— �-.--r .�,�' nrala.5r' . Y_ =v...,...,.t�•� ....•� RECEPTION#: 865417. 08126I2020 at 10:44:36 AM, Pga 7 of 13, Janice K. Von Caudill, Pitkin County, CO Resolution No.8-1020 Page 7 plus freezer. The oven must be able to bake and broil and be at least S cubic feet; the sink must measure et least 14" WXI6' DX5.25" H; rcfngenttor must be at least 5. 3 cubic feet and include at least a .73 cubic foot freezer. The floor plans for the CDU shall be submitted to the Housing Office for review. 8. At building permit for the CDU, the Applicant shall, by covenant, guarantee that the CDU: A. Shall not be required to be rented. B. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit. C. Shall bc limited to occupancy by not mono than two adults and related children, who qualify as and have been found by the Housing Office to be) employees of the community under such guidelines as may bc from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community. D. Shall be rented for terms not leas than 6 months if rented. 9. Housing Office stall' shall be entitled to conduct on inspection of the CDU for compliance with the above -referenced requirements. 10. The CDU restriction may be removed by the property owner upon approval of the Community Development Dincctor, subject to the requirement that the dwelling lei removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. t I. The provisions of this regulation ere for the purpose of providing a voluntary CDU on a legally created lot or parcel In the County. Any unit approved under this provision elk Pitkin County Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 12. With the building permit application, the Applicant shall: A. The applicant shall provide adequate engineering of soy retaining walls over four (4) feet in height and/or any improvements to walls over four (4) fat in height. All retaining walls shall be a maximum of seven (7) feet tall. B. The applicant shall provide an erosion sediment control plan. C. The applicant shall supply adequate drainage for all low points. If the proposed work disturbs inure {lien 1.500 square feet, the applicant shall submit coginecring documents for stnnnwater detention facilities designed by a professional engineer licensed in the State of Colorado, demonstrating that historical flow patterns and nrnoff amounts will be maintained. If the development disturbs one acre or more, a Cotoredo Department of Public Health and Environment permit for stemmata' discharges associated with construction activities shall be applied for and obtained prior to issuance of a permit. D. The applicant shall provide an Earthmoving Permit application for all pond improvements and the building of new ponds. As part of the application the applicant shall provide: RECEPTION: 885417, 06128/2020 at 10:44:38 AM, Pgs 8 of 13, Janlce K. Voa Caudill, Pltkin County, CO Resahaiun No.P-2020 Page g I) Documentation of adequate water rights. 2) A copy of the submitted Notice of Intent to Construct a Non -Jurisdictional Water Impoundment Structure. 3) Engineering of the pond construction, all inlet/outlet structures, lining. etc. E. Submit a fircplacclwoodstovc permit to the Community Development Department, if applicable. F. Submit a tree removal and mitigation plan if any trees with larger than 6" DOH are to be removed. G. Submit a detailed tevegetation plan for disturbed areas with appropriate seed mixes and a tree mitigation plan and a noxious weed management plan. H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. I. Submit representation oleic exterior indigents earth tone materials or colors. 13. The applicant shall submit an Access Permit for the proposed new and/or improved ececsc. The application shall include: 1) Compliance with the current Road Maintenance end Management Plan. 2) Engineering ofaal bridges and/or culvert crossings. 3) Compliance with all requirements of the Fire Department. 4) Details on all tun arounds and parking locations. 14. Prior to issuance of any building permits, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. Submit the receipt for the cash peyuxnt in lieu of dedicating land to the Aspen School District Calculation of the payment shall be based on the regulations in effect at the time of building permit issuance. C. Culvert, line or otherwise treat the onsite ditches located above the proposed development to avoid leakage of water downhill towards the building. 15. Prior to commencement of any earthmoving or construction activity, where applicable, the Applicant shall stake the area of work, including the p atinent area of the monied activity envelope and install construction fencing. Work is prohibited to occur on the area steep sloes of the property. 16. No development, including utilities, fill placement, bermtng, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbenee, shall occur outside of the approved activity envelope, except to comply with the required wildltre mitigation or an approved weed management plan. Any new utility lines shall be buried and placed within the approved activity envelope. 17. The Applicant shall comply with the following conditions regarding wildlife: • RECEP71OIVR: 665417, 08/2612020 at 10:44:36 AM, Pgs 9 of 13, Janice K. Vos Caudill, Pitkin County, CO Resohdlon No. 2020 Page 9 A. All consunction on Parcel 2, the common ham or pond/dry hydtantlwell shall be prohibited from December 1"through April 30. B. For Parcel 2 and the common barn all dogs shall be prohibited except for working dogs as part of an agricultural operation. C. Manipulation of vegetation outside of the Activity Envelopes is prohibited except for wildfire mitigation and weed management. D. All fencing shall be wildlife friendly except for dog kennels. I Wood rail fencing, if any. shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level. and twelve (12) inches in width (top view), and shall have at (cast eighteen (18) inches between the lower two (2) rails. F. All barb wire fencing shall be removed G. Fruit bearing trees and shrubs. other than those accepted by the County as generally unpalatable to bears, are prohibited. This does not include preexisting native trees and shrubs. H. Trash/garbage shall be kept in an approved bear resistant container or cnelosute 1. Bird feeders, including hummingbird feeders. shall be hung away from any deck or window, and be at least ten (10) feet from flit ground suspended between two (2) trees or poste. All seed feeders shall inchede a seed catchment pan to catch discarded seed J. Pet food shall not be left outside. K. All outside doors shall utilize only solid round handled doorknobs, unless another type is required by the applicable Building Code for disabled accessibility purposes or is approved by the Colorado Parks and Wildlife. L. Contractors are not allowed to bring dogs onsile during construction M. For Parcel 1 and 3. all dogs shall be kenneled within 50' of the residence or leashed under human supervision when outside the required kennel. B. The Applicant shall comply with the Pitkin County standards for a low wildfire hazard area: A. Defensible Space: The area around all buildingslstructures, limited by property boundaries that may Limit a property owner's ability to comply with this section, shall rneurporalr 1rsalrmapine with wildfire defensible space considerations as follows: 1) brush. debris and non -ornamental vegetation shall be removed within a minimum ten - foot (10') perimeter around all structures. 2) Vegetation shell he reduced to break up the vertical and horirontal continudty of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps RECEPTION#: 605417, 06/20/2020 at 10:44:38 AM, Pgs 10 of 13, Janice K. Vos Caudill, Pitkin County, CO Resolution No..2020 Page 10 shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from tress and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around iroes and brush. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder ftacls have been removed. In areas of aspen regeneration, understory shrubs and down and deed materials shall be removed. 6) All branches that ahead over the roof eaves shall be trimmed and all branches within fifteen (15) feat ofchimncys shall be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence 10) No flammable mulches shall be placed within two (2) feet of a residence. I I) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Low Baird Area i) Roofing Materials a. Class A covering or Class A Assembly as dermed by the currently adopted building code. b. No wood shakes or shingles. c All other adopted Building Code Compliant methods and materials permined. C. Meinteaance and Miscellaneous Requirements t) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (K) inch maximum. 3) Yards shall be kept clear of all litter, slash and flammable debris. 4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure 5) Woods end grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) itches. 6) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feel away from t c structure. RECEPTIONS: 666417, 06I2612020 at 10:44:36 AM, Pgs 11 of 13, Janice K. Vos Caudill, Pltkln County, CO Re oration No.e-2620 Page II 7) Swimming pools and ponds shall be accessible by the local fire district. S) Fences shall be kept clear of brush and debns. 9) Wood fame shall not connect to other strucn,rea. 10) Fuel tanks shall be installed underground with en approved container. I I 1 Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and an a contour away from the structure with standard defensible space vegetation mitigation around any aboveground lank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour Fre-r sistive construction on the exterior side of the walls. 12) Each sbttcture shall have a minimum of one ten (10) pound ABC fire extinguisher. 13) The Applicant shall comply with all requirements of the Rural Fork Fire Rescue District Code. 14) Addresses shall be clearly marked with two (2) inch non -con besbblc letters, shall be visible at the primary point of access fLom the public or common access road, and installed on a non-combustible post. 19. The Applicant shall comply with the County's Noxious Wood Management Platt. 20. All plants used for landscaping and revegetaiian shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. 21. No development in excess of 30" above or below naturist grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining wells of up to 6' above or below natural grade and fencing. landscaping in the form of berms within the setbacks shall not exceed four feet from the most restrictive grade. Any development that does not comply with these restrictions and that is located within setbacks mandated by Cormty zoning regulations shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 22. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be co nsideted at the time of building permit. Any serttctutes represented in the application may not be permitted under building and zoning regulations. 23. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this propertY• RECEPTION#: 665417, 06/26/2020 at 10:44:36 AM, Pgs 12 of 13, Janice K. Von Caudill, Pltkln County, CO Reeohdiar Na0i'12020 Page 12 NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 'DAY OF fif4.,keic.. 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON THE Er& DAY OF ]71s- , 2020. INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 22ad DAY OF APRIL 2020. ADOPTED AFTER FINAL READING ON THE 27• DAY OF MAY 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE %f DAY OF dual.t , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE PA -DAY OF Ct0 s. 2020. ATf BOARD OF COUNTY COMMISSIONERS By: J. - Joins Depu , County Clerk APPROVED AS TO FORM: Eli John Ely, County Attorney P069-18 Fin 246725400007 Exhibit A: Legal Description By: S46.10. F. Cod l Steven F. Child, Chair Date: APPROVED AS TO CONTENT: tkoubui. Cindy Houben. Community Development Director RECEPTION# 665417, 06/26/2020 at 10:44:38 AM, Pga 13 of 13, Janice IC. Yoe Caudill, Pitkln County, CO Resahta a No -2020 Page 13 Exhibit A ALTA CCIAMITAIENT Old Rapubbe National Yids ILaurinar Company Schedule A %way Atar.es: 2930 LOWER RIVET ROAD, SP OhVAl1ASS. CO Glass CDiAEN12 a TAr Land Mimed Is fin 044 04+000044 s Osserbsd As laws: LOT i ASPEN AMR VALLEY RANCH. DESCRIBED AS FOLLOWS 4rdsrNumbsr Q521701631 7 001000 R•FLaaaiYO., APARCEL OFLAM) atneSPART OFTi1ACTSB9ARO44RIOBENGLOCATED IRSECTORS 251010E6, TOWNSHP a SOUTH, RAYGE 56 WEST OF THEM PRIIOP*L LiERIOIAN WO PARCEL YORE FW.Y OESCROM AS FOAMS 6ECt* r1GATA PaWf ON L WE L• I OF SAID TRACT E9 WHEeN= A P 1 OF TRACT 69 MARS NORTH CO WORM s ns514 4100 FEET. THENCE SOUTH COOGGREES MIT 7e632car *Loom SAO.INE 1 9 THENCE SOUTH 43 DEGREES 121614 71101 FEET THENCE SOUTH XIOEGRFE50o90's S9i.,s FEEr. DIME ROOTH50oconeeaooRvw Mosa9Fitt THENCE NORIHODDECREES d7L'W44000FEET TOTHE AP 0OFSee) TRACT 69 IHENCE NORTH 8o OELLRreEs IO3V r MOO FEETALOh13 UNE 64 Oc TRACT 99 THFNCE NORTH IS DECREES 000SW 210 W F!t'. THENCE NORTH 130CGQa5 00Wf 310000 FEE' 10 ' Ht PONT OF BEGOT W NG coLr4T v O+ I Isom. STATE CF cot°RAOO Ggwyie MOV:036 Amerpcf. 4etl7WC Aoliarapn R.e Mips e4'fMRC Tto use d du tone is eemeeeed oALTA bmsen rod A17Aszoises 10 icd fsr,dlrs as d she drm ese N. Ober mil Me pinioned Renaud none be00 Gam OF Amiss a Laos Tits Aes00*vL 4