HomeMy WebLinkAboutbocc.ord.051.1999 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO APPROVING ACQUISITION
OF AN INTEREST IN THE DROSTE CONSERVATION EASEMENT, TRAIL
EASEMENT AND RESTRICTIVE COVENANT
WITH THE TOWN OF SNOWMASS VILLAGE,
AN INTERGOVERNMENTAL AGREEMENT CONCERNING
THE DROSTE PROPERTY,AND BUDGET APPROVALS
FOR THE ACQUISITION
ORDINANCE NO. 99-51
Recitals
1. The Town of Snowmass Village ("Town") has entered into a Contract to Sell
Conservation Easement with the Peter C. Droste; Peter C. Droste as Trustee of the Trust for the
Benefit of Peter C. Droste, Jr. and Elise Droste under Written Trust Instrument Dated December
25, 1991; Bruce F. Droste; Bruce F. Droste, as Trustee of a Trust for the Benefit of Edward
Droste and William Droste, under Written Trust Instrument Dated December 25, 1991,
(hereinafter collectively referred to as the "Droste Interests'), to acquire a Conservation
Easement, a Public Trail Easement, and a Restrictive Covenant.
2. The Town has obtained an Amendment to that Contract to allow the Conservation
Easement, the Public Trail Easement and the Restrictive Covenant to be deeded to the Town and
Pitkin County as joint owners.
3. The Conservation Easement will cover approximately 500 acres, and will
preserve critical elk migration corridor and also preserve wildlife habitat, open space, scenic and
ecological features and values important to residents of the Town and the County. The Public
Trail Easement will facilitate the establishment of a trail link to the Brush Creek Trail in
Snowmass Village and the County trail system in the vicinity of Highway 82.
4. The Town has requested that the County participate in its acquisition of the
Conservation Easement, the Public Trail Easement and the Restrictive Covenant.
5. The Open Space and Trails Board, by Open Space and Trails Board Resolution
No. 99-07, has recommended that the County contribute Two Million and No/100 Dollars
($2,000,000.00) towards the cost of acquiring the Conservation Easement, the Public Trail
Easement and the Restrictive Covenant.
6. The Town and the County desire to formalize their joint ownership through an
intergovernmental agreement, which requires the County to deposit its Two Million and No/100
Dollars ($2,000,000.00) with Pitkin County Title, Inc. for closing with the Droste Interests on
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Ordinance No. 99-_E j_
Page 2
December 1, 1999, and sets forth the agreement for joint ownership between the Town and
County and the joint management and enforcement of the property interests acquired.
7. Colorado State Budget Law prescribes that any new expenditure or revenue be
formally appropriated by the Board of County Commissioners of Pitkin County, and
8. Net revenues from a prior year are available: this results in a portion of unappro-
priated fund balance available for unanticipated expenditures that occur during the year; and
9. Upon due and proper notice, published in accordance with the law, said
supplemental budget was open for inspection by the public at a designated place, a public
hearing was held on November 17, 1999, and interested taxpayers were given an opportunity to
file or register any objections to said supplemental budget.
10. It is in the best interests of the citizens of Pitkin County to acquire this interest in
Droste property.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that:
1. The Board of County Commissioners hereby approves the acquisition of the
Conservation Easement, the Public Trail Easement and the Restrictive Covenant described in the
Contract between the Droste Interests and the Town, as amended, whereby the County will be
joint owners of these property interests with the Town. Approval of this acquisition does not in
any way constitute a land use approval for any permitted reserved uses in the Conservation
Easement or of any subdivision of the acreage subject to the restrictive covenant.
2. The Board of County Commissioners hereby authorizes the Chair to execute an
intergovernmental agreement concerning the Droste property with the Town after approval of the
form of such agreement by the County Attorney's office, such agreement to include the terms
recited in this Ordinance.
3. The Board of County Commissioners hereby approves adjustments be made to the
1999 budget as follows:
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Ordinance No. 99-51
Page 3
Previous Revised
Budget This Change Proj Budget
OPEN SPACE AND TRAILS FUND
Increase the contribution for the Droste conservation easement from the Open Space and Trails
Fund (acquisition department) from $465,000 to $ 1,465,000. Prior budget: $ 1, 050,000;
$ 50,000 For acquisition expenses (from Burnt Mtn settlement funds)
$ 535,000 Balance of Burnt Mtn settlement funds, including estimate of 1999
investment income, toward $2 million acquisition.
$ 585,000 Total funds from Burnt Mtn settlement
$ 465,000 Previous funding from Open Space and Trails Fund
$ 1,050,000 Prior total budget
$ 2,050,000 Revised total budget
$ 1,000,000 Supplemental appropriation from Open Space Fund
Droste conservation easement expenditures 11050,000 11000,000 21050,000
OPEN SPACE AND TRAILS FUND GRAND TOTAL
NET REVENUE (EXPENDITURES) CHANGE (19000,000)
INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE
3rd DAY OF NOVEMBER, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 6th DAY OF NOVEMBER, 1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 17th
DAY OF NOVEMBER, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 4TH DAY OF DECEMBER, 1999.
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
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Ordinance No. 99- 5
Page 4
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Jeans tte Jones, Depu Clerk Leghe J. Lamont, hair
C r/
Date:`,.���'.x.k 1) l�l�s� t �T�/
APPROVED AS TO FORM:
Deborah Quinn, uzanne Konc
Assistant County Attorney County Manager
ale Will, Director
Open Space and Trails Program
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INTERGOVERNMENTAL AGREEMENT
CONCERNING THE DROSTE PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 17th day of
November, 1999 by and between the Board of County Commissioners of Pitkin County, Colorado, a body
corporate and politic ("County") and the Town of Snowmass Village, Colorado, a home rule municipality
("Town").
WITNESSETH:
WHEREAS, the Town has negotiated a certain Contract to Sell Conservation Easement with the
Peter C. Droste; Peter C. Droste, as Trustee of a Trust for the Benefit of Peter C. Droste, Jr. and Elise
Droste under Written Trust Instrument dated December 25, 1991; Bruce F. Droste; Bruce F. Droste, as
Trustee of a Trust for the Benefit of Edward Droste and William Droste, under written trust instrument
dated December 25, 1991, hereinafter collectively referred to as the"Droste Interests", to acquire a
Conservation Easement, a Public Trail Easement, and a Restrictive Covenant; and
WHEREAS, the Town desires to preserve approximately five hundred twenty (520)acres of land
in Pitkin County in a substantially undisturbed condition by means of a:
a. Conservation Easement encumbering five hundred (500)acres; and
b. Restrictive Covenant placed upon the existing twenty(20)acre Droste Ranch; and
WHEREAS, the conservation easement will contain a portion of a critical elk migration corridor,
providing elk access across private lands to winter and summer ranges; and also contains wildlife habitat,
open space, scenic and ecological features and values important to the residents of the Town and the
County; and
WHEREAS, the acquisition of the Public Trail Easement will facilitate, in part, the establishment of
trail linkage to the Brush Creek Trail in Snowmass Village and the County trail system in the vicinity of
State Highway 82 by following an alignment in the lower.Brush Creek.Valley; and
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WHEREAS, the Town has requested the County to participate in acquisition of the Conservation
Easement, the Public Trail Easement and the Restrictive Covenant; and
WHEREAS, the County, after consultation with the Open Space and Trails Board, has agreed to
pay the amount of$2,000,000.00 toward the cost of acquiring the Conservation Easement, the Public Trail
Easement and the Restrictive Covenant; and
WHEREAS, preservation of wildlife habitat, open space, scenic and ecological features and
values conforms with the precepts and provisions contained in the Town of Snowmass Village
Comprehensive Plan and Municipal Code and the Pitkin County Code; and,
WHEREAS, preservation of wildlife habitat, open space, scenic and ecological features and
values will yield substantial public benefit; and,
WHEREAS, it is the mutual desire of the Town and the County to further the objectives of the
Conservation Easement and the Public Trail Easement; and
WHEREAS, it is the mutual desire of the Town and the County to define obligations of the parties
under the Conservation Easement, the Public Trail Easement and the Restrictive Covenant on the terms
and conditions as hereinafter set forth; and
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WHEREAS, it is the mutual desire to the Town and the County to insure that active participation in
the management of the Conservation Easement occurs; and
WHEREAS, it is the mutual desire of the Town and the County to insure that the Public Trail
Easement is developed and utilized to its fullest extent; and
WHEREAS, this Intergovernmental Agreement is authorized by Town of Snowmass Village Home
Rule Charter, the Pitkin County Home Rule Charter, the Colorado Constitution and the provisions of
Section 29-1-201, et. seq., C.R.S., concerning intergovernmental agreements; and
WHEREAS, this Intergovernmental Agreement has been approved by the Town by the adoption
of Resolution No. _?I, Series of 1999 on November 15, 1999; and
WHEREAS, this Intergovernmental Agreement has been approved by the County by the adoption
of Ordinance No._J51t, Series of 1999 on November 17, 1999.
NOW THEREFORE, in consideration of the mutual promises and covenants herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties'execution of this Intergovernmental Agreement, the parties agree as follows:
1. Joint Ownership. The Town and the County shall be equal joint owners on the
Conservation Easement, the Public Trail Easement and the Restrictive Covenant. The Town and the
County shall manage the Conservation Easement, the Public Trail Easement and the Restrictive
Covenant on the terms and conditions as set forth in this Intergovernmental Agreement. Provided,
however, neither party may assign, convey, dispose, encumber, lease, license, sell or by any means alter
or modify its respective interest in the Conservation Easement, the Public Trail Easement or the
Restrictive Covenant without the express written consent of the other party. This joint ownership shall be
as tenants in common, and the rights of the parties are as set forth in this agreement.
2. Contract Amendment. The Town shall cause the Contract to Sell Conservation
Easement to be amended to provide for the conveyance at the closing scheduled for December 1, 1999 of
a '/2 undivided interest to the Town and a %undivided interest to the County in the Conservation
Easement, the Public Trail Easement and the Restrictive Covenant, Ap tenants in common. There shall
be no other contract amendments or amendments to the Conservation Easement, the Public Trail
Easement, or the Restrictive Covenant unless all parties agree.
3. County Payment. The County shall deposit with Pitkin County Title, the closing agent
for the Contract to Sell Conservation Easement, the amount of$2,000,000.00 on or before 9 o'clock a.m.
on December 1, 1999 as its portion of the purchase price.
4. Joint Management of Conservation Easement. In deciding upon discretionary actions
and expenses, or responding to requests from the Droste Interests relating to the Conservation
Easement, the County and the Town shall use good faith efforts to implement a course of action
agreeable to both the County and the Town consistent with the conservation values set forth in the
Conservation Easement, including reference to the Baseline Study. Provided, however, If either the
County or the Town do not agree to a request from the Droste Interests the request shall be deemed to be
denied.
5. Joint Management of Public Trail Easement. In deciding upon discretionary actions and
expenses relating to the Public Trail Easement, the County and the Town shall use good faith efforts to
implement a course of action agreeable to both the County and the Town consistent with the construction
and maintenance of essential public trails.
6. Joint Management of the Restrictive Covenant. In deciding upon discretionary actions, or
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responding to requests from the Droste Interests concerning the restrictive covenant, the County and the
Town shall use good faith efforts to implement a course of action agreeable to both the County and the
Town. Provided, however, If either the County or the Town do not agree to a request from the Droste
Interests the request shall be deemed to be denied.
7. Enforcement of Obligations of Droste Interests. In deciding upon whether to initiate enforcement
actions concerning enforcement of the terms and conditions of the Conservation Easement, the Public
Trail Easement or the Restrictive Covenant, the County and the Town shall use good faith efforts to
implement a course of action agreeable to both the County and the Town. Provided, however, in the
event that the County and the Town are unable to reach agreement on such actions, either party may,
acting individually and at its sole discretion and expense, undertake such action as is otherwise consistent
with the applicable agreement, without any right to contribution from the other.
a. Extinguishment of Easements. In the event the Conservation Easement or the Public Trail
Easement shall be wholly or partially extinguished, whether by condemnation or otherwise, reinvestment
of the proceeds from such extinguishment shall be made in a property or properties jointly agreed upon by
the parties, which, for the Conservation Easement, to the greatest extent possible, protect the same
conservation values as the extinguished easement. Further, the reinvestment property shall be
geographically as close to the location of the property whose conservation easement was extinguished in
whole or in part, as possible, but in no event outside of the Brush Creek Valley without the express
approval of the Town. Any investment of proceeds from the extinguishment of an easement shall be
made in accordance with the provisions of the Internal Revenue Code in effect at the time. If the County
and the Town are unable to agree regarding the reinvestment of proceeds from such extinguishment, the
proceeds attributable to land shall be divided twenty-seven percent(27%)to the County and seventy-
three percent(73%)to the Town and shall be reinvested individually be each party to the greatest extent
possible, protect and enhance the same values as the extinguished easement. With respect to any
proceeds attributable to improvements made by the parties under this Agreement, the proceeds shall be
divided in the same proportion as the actual contributions of the parties to such improvements.
9. Base Line Study. The parties agree that baseline documentation permitted by paragraph 2 of
the Conservation Easement is essential and should be completed by November 30, 2000 and such cost
and expense associated therewith shall be paid by the County. The Town agrees that the Baseline Study
may be conducted under the auspices of the Open Space and Trails1Qoard.
10. Yearly Budget. The County and the Town agree to annually budget and appropriate such funds
as are necessary to carry out the purposes of the Conservation Easement and the Public Trail easement,
in accordance with applicable law.
11. Term. This Intergovernmental Agreement shall remain in full force and effect during the
respective terms of the Conservation Easement, the Public Trail Easement and the Restrictive Covenant.
In the event that the Contract to Sell Conservation Easement does not close in accordance with its terms
and conditions, then this Intergovernmental Agreement shall be null and void.
12. Inability to Agree. In the event that the County and the Town are unable to reach agreement on
any actions and expenses, either party may, at its sole discretion and expense, undertake such action as
is otherwise consistent with the Conservation Easement, the Public Trail Easement or the Restrictive
Covenant, except as expressly to the contrary herein . Nothing in this Agreement shall be construed as
applying to or in any way affecting land use jurisdiction of either party.
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IN WITNESS WHEREOF, the County and the Town have executed this Agreement as of the
and year first written above.
BOARD OF COUNTY COMMISSIONERS day
OF PITKIN COUNTY, COLORAOO ATTEST:
i
y '
l3
Leslie Lamont, Chairpersons
Jea ette Jones, Deputy Clerk
TOWN OF SNOWMASS VILLAGE,
COLORADO ATTEST:
By'
7 T. Ichael anchester, Mayor Lit
Trudi Worline, Town Clerk
t'
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CONTRACT
TOWN OF SNOWMASS VILLAGE
CONSERVATION EASEMENT
This Conservation Easement is made and entered into on the 1st day of
December, 1999, by and among PETER C. DROSTE; PETER C. DROSTE, AS
TRUSTEE OF A TRUST FOR THE BENEFIT OF PETER C. DROSTE, JR. AND ELISE
DROSTE under written trust instrument dated December 25, 1991; BRUCE F. DROSTE;
BRUCE F. DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF EDWARD
DROSTE AND WILLIAM DROSTE, under written trust instrument dated December 25,
1991, hereinafter collectively referred to as the "Grantors", and the TOWN OF
SNOWMASS VILLAGE, COLORADO, a Colorado Home Rule Municipality; the BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, hereinafter
collectively referred to as the "Grantees". .
WITNESSETH:
WHEREAS, the Grantors are the owners of record of that certain real property in
Pitkin County, Colorado, and which is referred to herein as the "Droste Lands'; and,
WHEREAS, the Droste Lands contains a portion of a critical elk migration corridor,
providing elk access across private lands to winter and summer ranges; and also contains
wildlife habitat, open space, scenic and ecological features and values important to the
Grantors, the residents of Snowmass Village, Colorado, Pitkin County, Colorado, and the
people of the State of Colorado (the "Conservation Values"); and
WHEREAS, preservation of wildlife habitat and open space conforms with the
precepts and provisions contained in the Town of Snowmass Village Comprehensive
Plan and Municipal Code; and, j
WHEREAS, preservation of the Conservation Values will yield substantial public
benefit; and,
WHEREAS, the Grantors desire and intend to preserve and maintain the
Conservation Values within and upon the Droste Lands by encumbering a portion of the
same, as more particularly described in Exhibit "A", attached hereto and made a part
hereof by this reference, and which is referred to herein as the "Subject Tract", with a
conservation easement for the use and benefit of the Grantees, pursuant to the
provisions of Section 38-30.5-101, C.R.S., et seg., which provides for maintenance of the
Conservation Values by the continuation of land use patterns, including, without
limitation, those relating to passive recreational uses which do not significantly impair or
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interfere with the Conservation Values; and
WHEREAS, the Town of Snowmass Village is a governmental entity and is a
"qualified conservation organization" as defined by the Internal Revenue Code; and
WHEREAS, the Grantors, as owners of the Droste Lands, own the affirmative
rights to identify, preserve and protect in perpetuity its open space character and its
significant natural features and values and further intend, as owner of the Droste Lands,
to convey to the Grantees the right to preserve and protect the Conservation Values of
the Subject Tract in perpetuity; and
WHEREAS, by acceptance of this Conservation Easement, the Grantees
acknowledges its commitment to honor the intentions of the Grantors as expressed
herein to preserve and protect in perpetuity the Conservation Values of the Subject Tract
for the benefit of this and future generations.
NOW, THEREFORE, for and in consideration of the facts recited above and of the
mutual covenants contained herein, and for other good and valuable consideration the
adequacy and sufficiency of which is hereby acknowledged, the Grantors hereby grant
and convey to the Town, and its assigns, a perpetual conservation easement in gross,
pursuant to Section 38-30.5-101, C.R.S., et seq., over, across and upon the Subject
Tract, as defined in Exhibit "A", subject to the terms and conditions hereinafter set forth.
The Grantees hereby acknowledge, accept without reservation and agree to be bound by
the terms and conditions of this Conservation Easement.
1. Purpose. It is the essential purpose of this Conservation Easement to
preserve and protect in perpetuity the Conservation Values. ,
2. Baseline Documentation. Competent naturalists familiar with the Droste
Lands may prepare a collection of baseline data on the Subject Tract. The Grantees or
its agent shall have access to the Subject Tract and that portion of the Droste Lands
necessary in order to prepare the Baseline Documentation. The data and explanatory
text, photographs and maps to be assembled in the Baseline Documentation is agreed by
the parties hereto to provide an accurate representation of the Subject Tract at the time of
this grant, notwithstanding the fact that the Baseline Documentation will be prepared after
the effective date of this grant, and the parties acknowledge that the Baseline
Documentation will serve as an objective information baseline for monitoring compliance
with the terms of this Conservation Easement.
The parties agree that, in the event a controversy arises with respect to the nature
and extent of the biological or physical condition of the Subject Tract, the parties shall not
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be foreclosed from utilizing all other relevant or material documents, surveys, reports, and
other information to assist in the resolution of the controversy.
3. Grantees' Affirmative Rights. To accomplish the purposes of this
Conservation Easement, the following affirmative rights are hereby granted to the
Grantees:
1. To identify, preserve, protect, maintain and enhance the natural,
ecological, wildlife, open space and scenic features and values of the Subject Tract and
that portion of Brush Creek that traverses the Subject Tract in perpetuity, and in the event
of their degradation and destruction, other than through a breach of this Conservation
Easement, to restore the same, at the sole option and expense of the Grantees.
2. To enter upon the Subject Tract to exercise the rights herein granted
and to enforce the terms hereof. The Grantees shall provide advance notice prior to each
visit by the Grantees. The Grantees' activities hereunder shall not unreasonably interfere
with the uses being made of the Subject Tract, consistent with this Conservation
Easement, at the time of such entry. The shall also have the right of immediate entry to
the Subject Tract, if, in its sole judgment, such entry is necessary to prevent damage to or
the destruction of the Conservation Values protected by this Conservation Easement.
3. To enjoin any activity on, or use of, the Subject Tract which is
inconsistent with the terms of this Conservation Easement and to enforce and compel the
restoration of such areas or features of the Subject Tract as may be damaged by such
activities.
4. To establish enhancement measures for the Subject Tract, or
measures which would enhance the habitat, stream viability or other natural features of
the Subject Tract, and to enter upon the property to perform such restoration at its own
expense or that of the Grantors, should the Grantors so choose, at the Grantors' sole
option, at times which will not unreasonably interfere with the limited uses being made of
the Droste Lands.
5. The installation, repair and maintenance of irrigation systems, ponds,
and irrigation ditches for use on the Subject Tract. Ditches used by the Grantees shall be
maintained to prevent the release of fines into Brush Creek.
6. The taking of such reasonable steps on the Subject Tract as are
necessary to control erosion to prevent sedimentation of Brush Creek.
7. Cutting and removal of dead, dying or diseased timber or brush as
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may be reasonably necessary for scenic quality, fire protection or disease prevention
purposes.
8. Perform any restoration or improvement measures for the habitat or
natural features of the Subject Tract at the expense of the Grantees.
9. Remove existing fences, except those installed for the Pasture, as
described in Exhibit "B", in accordance with the provisions of this Conservation Easement.
10. Weed control.
11. Exercise all of the rights conferred by the provisions of Section
38-30.5-101, C.R.S., et seq.
4. Grantors' Authorized Uses. The following uses and practices are consistent
with this Conservation Easement when carried out in the Subject Tract, and are the only
uses and practices that may be carried out by the Grantors:
1. One (1) access road to the Droste Future Development Lands, as
defined in Exhibit "E", and the Seven Star Ranch, as defined in Exhibit "G", authorized
and approved by the governing body having jurisdiction with the minimum width road
surface and a right of way of no more than fifty feet (50') in width and including the right to
construct, install, use, maintain, repair, improve, reconstruct and replace a road, a bridge,
tunnels and underground utilities. The alignment will be sited using the following order of
considerations:
1. compliahce with the planning, and zoning laws of the
governing body having jurisdiction, and
2. the least visual impact to users'of Brush Creek Road, using
natural terrain features, dirt removal and short span bridges, and native landscaping; and
3. minimization of the impact on this Conservation Easement.
2. Passive, non-commercial uses including hunting, shooting, and
hiking, horseback riding, cross-country skiing on existing roads and trails by Peter C.
Droste and Bruce F. Droste and their descendants, per stirpes. Motorized access by
vehicles with no less than four wheels on existing roads. The provisions of this paragraph
shall expire when the Grantors are no longer the fee owners of the Subject Tract.
3. Cultivation and cropping of hay in the Pasture and the Nay Field, as
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defined in Exhibit "D", by the fee owner of the Droste Ranch., as defined in Exhibit "F",
including the use of motorized farm vehicles in conjunction with such cultivation and
cropping.
4. Grazing on a twenty four (24) hour basis by of no more than six (6)
horses in the aggregate, or pasturing on a turn out manner of no more than twelve (12)
horses in the aggregate by the fee owner of the Droste Ranch on the Pasture.
i
5. In conjunction with the grazing and pasturing uses authorized in
subparagraph,4�k above, fencing that complies with the Colorado Division of Wildlife
standards for smooth wire wildlife friendly fences may be installed in the Pasture.
6. Perform any restoration or improvement measures for the habitat or
natural features of the Subject Tract as approved by the Grantees.
7. Except as set forth in Paragraph no. 9, the Grantees must approve
the granting of additional interests or rights in the Subject Tract by easement,
encumbrance, lease, license, restriction or the like. Provided, however, deeds of trust
and mortgages that are subordinate to this Conservation Easement do not require the
approval of the Grantees, but must comply with the provisions of the Paragraph no. 10 by
providing the notice required therein.
5. Grantors Mandatory Obligations. In furtherance of the Conservation Values
and the mutual desire of the Grantors and the Grantees to enhance and maintain the
Subject Tract as wildlife habitat:
1. The Grantors retain all responsibility and shall bear all cost and
liability of any kind related to the ownership, operation, upkeep, and maintenance of the
Subject Tract, except for conditions resulting from actions of the Grantees.
2. The Grantors shall, keep the Subject Tract free of any liens arising
out of any work performed for, materials furnished to, or obligations incurred by the
Grantors.
3. The Grantors shall create and implement a program of reclamation,
and restoration for the Hay Field, the Pasture and the Natural Area, described in Exhibit
"D", to a viable, healthy condition consistent with the natural agrarian habitat. This
reclamation and restoration shall occur utilizing customary United States Agriculture
Department Natural Resources Conservation Service guidelines and assistance as
employed in the State of Colorado, including without limitation, weed control, plowing or
regrading, seeding, a properly functioning irrigation system, including water storage areas
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as necessary, or other customary pasture management techniques. The Grantors shall
create a plan for such program of reclamation and restoration requiring full reclamation
and completion on or before September 14, 2004, which plan shall be approved by the
United States Agriculture Department Natural Resources Conservation Service. During
the pendency of the program of reclamation and restoration, the United States Agriculture
Department Natural Resources Conservation Service shall visit the Hay Field, the Pasture
and the Natural Area at least once in the spring and once in the fall to review the progress
and to make further recommendations, which recommendations shall immediately be
incorporated in the program. After September 14, 2004, the United States Agriculture
Department Natural Resources Conservation Service shall visit the Hay Field, the Pasture
and the Natural Area at least once in the spring and once In the fall to review their
condition and to make recommendations, if necessary, to maintain the condition attained
by the program of reclamation and restoration, which recommendations shall immediately
be incorporated in the continuing maintenance program.
4. In the event that any standard referred to in subparagraph c, above,
is not timely attained or maintained, the Grantees may, at its option, enter upon Subject
Tract to apply the practices prescribed by the United States Agriculture Department
Natural Resources Conservation Service to attain the applicable standard. The cost and
expense actually incurred by the Grantees in attaining or maintaining the applicable
standard shall be the sole and separate responsibility of the Grantors, which cost and
expense will be reimbursed to the Grantees on demand.
6. Taxes and Assessments. The Grantors understand that nothing in this
Conservation Easement relieves the Grantors of any obligation or restriction imposed by
law with respect to the Subject Tract, including the obligation to pay such real estate taxes
as may be assessed from time to time. The Grantors agree to pay before delinquency
any and all real property taxes, fees, assessments and charges of whatever description
assessed or levied on the Subject Tract including any tax or assessment on the
Conservation Easement. The Grantors shall furnish the Grantees with satisfactory
evidence of payment. If the Grantors, their successors or assigns, fail to pay any such
real property taxes, charges, fees or assessments on the Subject Tract, the Grantees
may, at its sole discretion and without obligation, pay such taxes, fees, charges or
assessments in accordance with any bill, statement or estimate procured from the
appropriate authority, without inquiry into the validity of the taxes or the accuracy of the
bill, statement or estimate, and the obligation created by such payment shall bear interest
until paid by the Grantors to the Grantees at the rate of two (2) percentage points over the
prime rate of interest from time to time charged by Alpine Bank or the maximum rate
allowed by law.
7. Water Rights. The Grantors shall retain and reserve the right to use water
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rights sufficient to maintain and improve the Conservation Values of the Subject Tract,
and shall not transfer, encumber, lease, sell or otherwise separate water rights sufficient
to maintain and improve the Conservation Values of the Subject Tract from title to the
Subject Tract itself, without the prior written approval of the Grantees. The following
water rights shall be considered to be the minimum water rights sufficient to maintain and
improve the Conservation Values of the Subject Tract:
1. Not less than 0.5 cfs from the Lemond Ditch, No. 33, the source of
which is Brush Creek, the headgate being located on the north bank of Brush Creek
whence the quarter corner common to Sections 29 and 32, T.9S., R 85 W. of the 6ch P.M.
bears N. 71 o30'E. A distance of 285 feet, decreed by the Garfield County District Court for
irrigation purposes for the following former Water District No. 38 priorities and amounts:
1. priority no. 27 with an appropriation date of June 7, 1882, and
an adjudication date of May 11, 1889, for 0.8 cfs;
2. priority no. 187 with an appropriation date of April 2, 1888,
and an adjudication date of May 11, 1889, for 0.7 cfs.
2. Not less than 0.5 cfs of 20 cfs decreed to East Snowmass and Brush
Creek Ditch, Priority No. 208D, in former Water District No. 38, with an appropriation date
of January 11, 1891, and an adjudication date of March 1, 1910, in Case No. 1321,
Garfield County District Court.
8. Public Access. With the exception of the entry rights granted to the
Grantees in this Conservation Easement, nothing herein shall be construed as granting
access to the public to any portion of the Droste Lands. The Grantors retain the right to
control access to the Droste Lands, including the Subject Tract, and shall have the right to
enforce any prohibition of public access by all lawful means`:,
9. Subdivision. No subdivision of a portion of the Subject Tract may occur
without the express written consent of the Grantees at its sole discretion. Provided,
however, the Grantors may combine by subdivision or in any other manner, all or a
portion of the Subject Tract with each of no more than eight (8) parcels of land, of no less
than thirty five (35) acres each, created from the Droste Future Development Lands. Any
such combination of lands shall not alter the terms and conditions of this Conservation
Easement.
10. Subsequent Transfers. The Grantors agree to incorporate the terms of this
Conservation Easement in any deed of other legal instrument by which they divest
themselves of any interest in all or a portion of the Subject Tract. The Grantors further
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agree to give the Grantees written notice of the transfer of any interest at least twenty
(20) days prior to the date of such transfer, including the transferee's name, address and
telephone number. The failure of the Grantors to perform any act required by this
paragraph shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
11. Hold Harmless. The Grantors, their successors and assigns, shall hold
harmless, indemnify and defend the Grantees and its elected and appointed officials,
employees and agents and the heirs, personal representatives, successors and assigns
of each of them from and against all liabilities, penalties, costs, losses, damages,
expenses, causes of action, claims, demands or judgments, including, without limitation,
reasonable attorneys' fees, arising from or in any way connected with:
1. injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or
occurring on or about the Subject Tract, regardless of cause, unless due solely or in part
to acts or negligence of the Grantees; and
2. the presence or release of hazardous or toxic substances on, under
or about the Subject Tract, unless such release was caused by the Grantees. For the
purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or
toxic substance which is regulated under any federal, state or local law.
12. Amendment. The Grantors and the Grantees recognize that circumstances
may arise under which an amendment to or modification of this Conservation Easement
would be appropriate. Accordingly, the Grantors and the Grantees may jointly amend this
Conservation Easement, provided that no amendment shall be allowed that will affect the
qualification of this Conservation Easement under Section ,38-30.5-101, C.R.S., et seg.,
nor its qualification as a conservation easement for purposes of the Internal Revenue
Code, and any amendment shall be consistent with the conservation purposes of this
Conservation Easement, and shall not affect its perpetual duration. Any such
amendment shall be filed for record in the office of the Clerk and Recorder of Pitkin
County, Colorado.
13. Enforcement and Waiver. Enforcement of the terms and provisions of this
Conservation Easement shall be at the discretion of the Grantees. Any forbearance on
behalf of the Grantees to exercise their rights hereunder in the event of any breach by the
Grantors shall not be deemed or construed to be a waiver of the rights of the Grantees
hereunder in the event of any subsequent breach. The Grantors hereby waive any
defense of laches, estoppel or prescription.
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14. Enforcement of Rights.
1. In the event of a violation by the Grantors or a third party of any term,
condition, covenant, or restriction contained in this Conservation Easement, the Grantees
shall give the Grantors notice of such violation, describing the violation and making
demand that the violation cease and be remedied. If, after ten (10) days of such notice,
the violation has not been corrected or the prohibited use terminated, and any damage to
the Subject Tract remedied and the Subject Tract restored, or steps taken to ensure the
swift restoration of the property, the Grantees may enjoin by temporary or permanent
injunction such violation and/or institute a suit for damages for breach of covenant, or may
take such other action as it deems necessary to insure compliance with the terms,
conditions, covenants, and purposes of this Conservation Easement; provided, however,
that any failure to so act by the Grantees shall not be deemed to be a waiver or a
forfeiture of the right to enforce any term, condition, covenant, or purpose of this
Conservation Easement in the future. Should the breach of this Conservation Easement
be an impermissible conveyance of water rights in violation of the provisions hereof, such
conveyance shall constitute a fraudulent land transaction and shall be grounds for the
Grantees to void the transfer or sale.
2. The Grantors further intend that should any use in violation of this
Conservation Easement be undertaken on the Subject Tract, the Town shall have the
right to cause the restoration of that portion of the Subject Tract affected by such activity
to the condition that existed prior to the undertaking of such prohibited activity. In such
case, the cost of such restoration shall be borne by Grantors, their successors or assigns.
Nothing contained herein shall be construed to preclude the Grantors from exhausting
legal remedies in determining whether the proposed activity to which the Grantees has
objected is consistent with this Conservation Easement.
3. Any costs incurred by the Grantees fq enforcing the terms of this
Conservation Easement against the Grantors, including without limitation, costs of suit
and reasonable attorneys' fees, even in the event that the Grantees secures redress
without a completed judicial proceeding, and any costs of restoration necessitated by
violation of the terms of this Conservation Easement, shall be repaid upon demand by the
Grantors. If the Grantors prevail in any action to enforce the terms of this Conservation
Easement, the costs of suit, including, without limitation, reasonable attorneys' fees of the
Grantors, shall be paid by the Grantees. If a party voluntarily dismisses an action, a
reasonable sum as attorneys' fees shall be awarded to the other party.
4. Nothing contained in the Conservation Easement shall be construed
to entitle the Grantees to bring any action against the Grantors for any injury to or change
in the Subject Tract resulting from causes beyond the control of the Grantors, including ,
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without limitation, fire, flood, storm, and earth movement, or from any prudent or good
faith action taken by the Grantors under emergency conditions to prevent, abate, or
mitigate significant injury to the Subject Tract and/or the Droste Lands resulting from such
causes.
5. Notwithstanding any other provision hereof to the contrary, upon a
transfer to a third party of the Grantors interest in the Subject Tract, the rights and
obligations of the Grantors under this Conservation Easement shall automatically pass to
said third party, and the Grantors shall have no further rights or responsibilities hereunder,
except that liability for acts or omissions occurring prior to such transfer shall survive
transfer.
15. Binding Effect. This Conservation Easement shall run with the title to the
Subject Tract and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns in perpetuity.
16. Rule Against Perpetuities. If any term or provision of this Conservation
Easement would otherwise violate the rule against perpetuities or the rule restricting
restraints on alienation, such term or provision shall automatically expire and be of no
further force or effect twenty (20) years following the death of the last to die of Bruce F.
Droste, Peter C. Droste, T. Michael Manchester and their now living children.
17. Severability. If any provision of this Conservation Easement or the
application thereof to any person or circumstance is found to be invalid, the remainder of
the provisions hereof and the application of such provision to persons or circumstances
other than those to which it is found to be invalid, shall not be affected thereby.
18. Joint Obligation. The obligations imposed by, this Conservation Easement
upon the Grantors shall be joint and several. 1..1
19. Interpretation. The provisions of this Conservation Easement shall be
liberally construed to effectuate their purpose of preserving and protecting the
Conservation Values of the Subject Tract. No remedy or election given by any provision
in this Conservation Easement shall be deemed exclusive unless so indicated, but it shall,
wherever possible, be cumulative with all other remedies at law or in equity: The parties
acknowledge that each party and its counsel have reviewed and revised this
Conservation Easement and that no rule of construction that ambiguities are to be
resolved against the drafting party shall be employed in the interpretation of this
Conservation Easement. In the event of any conflict between the provisions of this
Conservation Easement and the provisions of any use and zoning restrictions of the State
of Colorado, or the governmental entity with jurisdiction, the more restrictive provisions
Page 10 of 15
{ IIIIII IIIII IIIIII IIIII 438191 12/01/1999 02"III! EASEMENT DAVIS
SIII I �
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shall apply. This Conservation Easement shall be interpreted in accordance with the laws
of the State of Colorado.
20, Notices. Any notice, demand or document which either party is required or
may desire to deliver to the other party shall be in writing and may be delivered
personally, by facsimile transmission or by United States Mail, certified, addressed as
follows:
Grantors: Peter C. Droste
11 Powder House Circle
Needham, Massachusetts 02492-1113
Facsimile No.: (781) 449-5947
Grantees: Town of Snowmass Village, Colorado
16 Kearns Road
Post Office Box 5010
Snowmass Village, Colorado 81615
Attention: Town Manager
Facsimile No.: (970) 923-6083
Pitkin County Board of County Commissioners and
Pitkin County Attorney
530 East Main Street
Aspen, Colorado 8,1611
Any notice, demand or document sb delivered by United Stetes mail shall be deemed to
have delivered seventy two (72) hours after the same is deposited in the United States
mail. Notice by facsimile transmission shall be deemed given upon receipt of a
transmission confirmation by sender. Either party may designate a new person for the
receipt of notices by providing the other party with notice of such designation in
accordance with the provisions of this paragraph.
IN WITNESS WHEREOF, the parties have caused their authorized signatories to
execute this Conservation Easement.
Peter C. Droste Peter C. Droste, Trustee of a
Trust for the Benefit of Peter C.
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Droste, Jr. and Elise Droste under
written trust instrument dated
December 25, 1991
ruce F. Droste Bruce F. Droste, Trustee of a
Trust for the Benefit of Edward
Droste and William Droste, under
written trust instrument dated
December 25, 1991
Town of Snowmass Village, Colorado
i yr:
T. Michael Manchester, Mayor y Trudi Worline, Town Clerk
Board of County Commissioners of Pitkin County, Colorado
BY
Leslie Lamont, Chairman
Clerk and Recorder
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Page 12 of 15
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Conservation Easement was acknowledged to before me by Peter
C. Droste, individually, and as Trustee of a Trust for the Benefit of Peter C. Droste, Jr.
and Elise Droste under written trust instrument dated December 25, 1991, on December
1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:t/ )p�
4 V4 v� �
Notary P lic
STATE OF MASSACHUSETTS )
) ss.
COUNTY OF MIDDLESEX )
The foregoing Conservation Easement was acknowledged to before me by Bruce
F. Droste, individually, and as Trustee of a Trust for the Benefit of Edward Droste and
William Droste, under written trust instrument dated December 25, 1991, on November
29, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
q1 `j
161
Notary Oublic
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Page 13 of 15
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Conservation Easement was acknowledged to before me by T.
Michael Manchester as Mayor and attested to by Trudi Worline as Town Clerk of the
Town of Snowmass Village, Colorado on December 1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:�195)D3
Notary lic
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Conservation Easement was acknowledged to before me by Leslie
Lamont as Chairman of the Board of County Commissioners and attested to by
as County Clerk and Recorder of Pitkin County, Colorado
on December 1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:b1d5 03 ,
Notary PUblic "
After Recording Return To: ^
Stephen R. Connor, Esq.
Stephen R. Connor, P.C.
323 West Main Street, Suite 301
Aspen, Colorado 81611
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Page 14 of 15
Exhibit "A"
Conservation Easement
Exhibit "B"
Pasture
Exhibit "C"
Hay Field
Exhibit "D"
Natural Area
Exhibit "E"
Droste Future Development Lands
Exhibit"F"
Droste Ranch
Exhibit "G"
Seven Star Ranch
All as to be defined by the Survey
Jill
ii�i 1iVIS I V
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19 of 30 R 0.00 D .
Page 15 of 15
EXHIBIT "A"
DESCRIPTION-TOSV CONSERVATION EASEMENT
A tract of land situate in Sections 28,29,32,33 and 34 Township 9 South, Range 85 West
of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 38°28'37" E 5426.75 feet;
thence, along the east line of a conservation easement described in Reception No. 391098
of the records of the Clerk and Recorder of Pitkin County, Colorado the following course:
N 11 026'58" E 2369.27 feet;
thence, N 11 026'58" E 126.58 feet to the south right of way line of Brush Creek Road;
thence, along said right of way line the following courses:
N 87055'00" E 256.11 feet;
thence, 104.41 feet along the arc of a curve to the left, having a radius of 1184.57 feet, a
central angle of 5003'00", and subtending a chord bearing N 85023'30" E 104.37 feet;
thence, N82052'00" E 142.31 feet;
thence, 325.28 feet along the arc of a curve to the left, having a radius of 643.41 feet, a
central angle of 28058'00", and subtending a chord bearing N 68023'00" E 321.83 feet;
thence, N 53054'00" E 62.96 feet;
thence, 133.19 feet along the arc of a curve to the right, having a radius of 517.18 feet, a
central angle of 14045'21", and subtending a chord bearing N 61 016'40 "E 132.83 feet;
thence, N 7701312" E 49.00 feet;
thence, N74017'00" E 146.71 feet;,
thence, 228.77 feet along the arc of a curve to the left, having a radius of 1114.55 feet, a
central angle of 11 045'37", and subtending a chord bearing N 68024'11" E 228.37 feet;
thence, 418.78 feet along the arc of a curve to the left, having a radius of 1200.92 feet, a
central angle of 19058'48", and subtending a chord bearing N 52031'59" E 416.66 feet;
thence, N 47034'33" W 18.05 feet;
thence, N 42°27'34" E 215.95 feet;
thence, 190.23 feet along the arc of a curve to the right, having a radius of 778.51 feet, a
central angle of 14°00'00", and subtending a chord bearing N49027'34" E 189.75 feet;
thence, N 56027'34" E 105.54 feet; thence, leaving said right of line on a course bearing
S 44007'00" E 823.47 feet;
thence, S11054'51" W 806.30 feet;
thence, N 85001'06" E 927.20 feet,-
thence, N21059'38" E 729.98 feet;
thence, N 73052'56" E 300.00 feet;
thence, N16007'04" W 20.05 feet;
thence, N 87042'10" E 1573.24 feet along the north line of the SE1/4 of the SW1/4 of said
Section 28; thence, N 87°48'01" E 1319.90 feet along the north line of the SW1/4 of the
SE1/4 of said Section 28;
thence, S00056'40" E 1346.21 feet along the east line of the SW1/4 of the SE1/4 of said
Section 28; thence, S 87°32'39" W 406.16 feet along the south line of the SW1/4 of the
1111111111111111111111111 IlND IN IIIIII III HIM III IN
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Exhibit "A"
Page 2
SE1/4 of Section 28;
thence, along the west and south lines of a tract of land described in Book 619 at Page
859 of the records of the Clerk and Recorder of Pitkin County, Colorado the following
courses:
S 00a55'57" E 220.10 feet;
thence, S 58-59133" W 315.13 feet;
thence, S 30006123" E 1090.00 feet;
thence, N87049'09" E 150.00 feet to the southeast corner of the NW1/4 of the NE1/4 of
said Section 33; thence, N 87048'43" E 1334.63 feet along the north line of the SE1/4 of
the NE1/4 of said Section 33; thence, S 01 °19'45"E 1343.34 feet along the east line of the
SE1/4 of the NE1/4 of said Section 33;
thence, S 90°00'00' E 98.49 feet along the north line of Lot 25 of said Section 34;
thence, S 00000100" E 71.90 feet along the east line of Lot 25 of said Section 34;
thence, N 84024'55" W 2367.10 feet along the south line of said Lot 25 and Lots 8,7 and
5 of said Section 33;
thence, N 00000'00" E 780.86 feet;
thence, S 90000'00" W 6491.18 feet to the point of beginning, said parcel contains
500.000 acres more or less.
DESCRIP77ON-OlFr PARCEL
�yrr, A tract of land situate in Section 29, Township 9 South, Range 85 West of the 6th
a Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 114 corner of Section 29 of said Township
and Range bears N 57'5823" E JJ.J98..J2 feet; thence S 112658" W 126.57 feet; thence
W d along the north line of a previously described conservation easement the following courses:
' W a N 86'.JO'06" W 60.42 feet; thence N 892527" W 40.98 feet; thence S 77'16'58" W
�aa 45.04 feet; thence S 7,J'09'37' W 122.69 feet; thence S 78'4722' W 21.75 feet; thence
�_w e S 76'11'30" W .J4.77 feet; thence S 6571'.JO' W 52.65 feet; thence S 625.J44' W
d z 41.50 feet; thence S 7.J'55'.J6" W 22.60 feet; thence N 88'04"0,J' W 21.46 feet; thence
am m S 835655" W 40.50 feet, thence S 7X19 06" W 19.71 feet. thence S 69 5025" W
� 49
s 278.48 feet; thence S 69'10'4.J" W 262.Ji feet; thence S 65'0128" W 74.89 feet, thence
a
r�0 S 83'31'09" W 68.O.J feet,• thence S 78'00'22" W 2.52 feet, thence leaving said north
line on a course bearing N 101091010 E .J1.20 feet. thence N 11'14 06" W 56.28 feet to
the south right of way line of Brush Creek Road; thence along said south right of way line
�m the following courses: N 61:J3'00" E 163.64 feet; thence 221.88 feet along the arc, of a
=N°C ':curve to the right, having a radius of 1097.52 feet, a central angle of 11:J5'00, and
�V4(q subtending a chord bearing N 67'20',JO" E 221.50 feet; thence N 7.J'08100" E 573. 12 feet;
�o
thence 201.07 feet along the arc of a curve to the right having a radius of 1090.92 feet,
Sao a central angle of 107.J3'JJ8" and subtending a chord bearing N 78'2449"E 200.79 feet;
_.qW V4 thence N 79 20 0.J" E 50.53 feet; thence N 87'07'22" E 30.,J7 feet.- thence
N 8775500 E 27. 15 feet to the point of beginning, said parcel contains 3296 acres more
or less.
EXHIBIT "B"
DESCRIPTION-PASTURE
A tract of land situate in Section 29, Township 9 South, Range 85 West of the 6th Principal
Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 9052'58" E 1418.34 feet;
thence, S 63°32'42" W 116.39 feet;
thence, S 49-14-07" W 128.50 feet;
thence, S 19055'25" W 177.21 feet;
thence, S 16008'42" W 177.14 feet;
thence, S 69011'06" W 44.60 feet;
thence, N 69°06'57" W 53.36 feet;
thence, S 7100610" W 172.27 feet;
thence, S 64020'00" W 248.36 feet;
thence, S 32°47'24" W 171.38 feet;
thence, S 62030'17" W 100.73 feet;
thence, S 28015'16" W 279.33 feet;
thence, S 76°52'30" W 45.79 feet;
thence, N 3302415" W 1 74.98 feet;
thence, N 7032'10" E 285.97 feet;
thence, S 84°54'41" E 110.59 feet;
thence, N 390 18'43" E 629.39 feet;
thence, N 31008'57" E 643.03 feet;
thence, S 44007'00" E 525.52 feet to the point of beginning, said parcel contains 12.411
acres more or less.
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EXHIBIT "C 9
DESCRIPTION-HAY FIELD
A tract of land situate in Section 29, Township 9 South, Range 85 West of the 6th Principal
Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 35031'46" E 1166.45 feet;
thence, S 72°47'17' W 98.07 feet;
thence, S 40051'12" W 49.18 feet;
thence, S 22028'30" W 68.60 feet;
thence, S 64°48'53" W 33.29 feet;
thence, S 17029'40" W 31.34 feet;
thence, S 87037'41" W 68.46 feet;
thence, S 56°11'01" W 38.82 feet;
thence, S 5010'45" W 55.31 feet;
thence, S 53°11'08" W 112.88 feet;
thence, S 24031'51" W 48.86 feet;
thence, S 60°20'21" W 37.93 feet;
thence, N 68001'54" W 41.65 feet;
thence, S 58°12'18' W 43.11 feet;
thence, S 5020'24" W 165.05 feet;
thence, S 22'53'18" W 62.73 feet;
thence, S 41024'55" W 65.83 feet;
thence, S 17001'10" W 80.27 feet;
thence, S 54015'56" W 139.14 feet;
thence, N 80028'26" W 141.66 feet;
thence, S 30055'04" W 138.93 feet;
thence, N 43023'50" W 107.41 feet;
thence, S 60034'55" W 86.96 feet;
thence, N 61007'15" W 95.16 feet;
thence, N 87005'02" W 116.79 feet;
thence, S 50021'08' W 57.62 feet;
thence, N 81 049'53" W 98.94 feet;
thence, N 41019'11" W 49.44 feet;
thence, S 46°18'54" W 135.43 feet;
thence, S 12018'59" W 60.88 feet;
thence, S 28037'27" W 88.41 feet;
thence, S 71021'16" W 43.97 feet,
thence, S 28015'50" W 144.38 feet; l I I
thence, N 57052'15" W 161.65 feet; I I'I'I I����o ISA EMEN VI S SII VI
thence, S 67°13'05" W 40.49 feet; 438191 12/01/1999 02:02F EASEMENT DAVIS SILVI
thence, N 85005'51" W 113.81 feet; 19 of 30 R 0.00 D 6.00 N 0.00 PITKIN COUNTY CO
thence, S 60012'31" W 59.85 feet;
Exhibit "C"
Page 2
thence, N 61054'39" W 53.97 feet;
thence, S 71 °26'12" W 151.20 feet;
thence, N 11 026'58" E 312.36 feet to the south right of way line of Brush Creek Road;
thence, along said right of way line to following courses:
N 87°55'00" E 256.11 feet;
thence, 104.41 feet along the arc of a curve to the left, having a radius of 1184.57 feet, a
central angle of 500300", and subtending a chord bearing N 85023'30" E 104.37 feet;
thence, N 82°52'00" E 142.31 feet;
thence, 325.28 feet along the arc of a curve to the left, having a radius of 643.41 feet, a
central angle of 28058'00", and subtending a chord bearing N 68023'00" E 321.83 feet;
thence, N 53°54'00" E 62.96 feet;
thence, 133.19 feet along the arc of a curve to the right, having a radius of 517.18 feet, a
central angle of 14045'21' , and subtending a chord bearing N 61 °16'40 "E 132.83 feet;
thence, N 77°13'12" E 49.00 feet;
thence, N 74017'00" E 146.71 feet;
thence, 228.77 feet along the arc of a curve to the left, having a radius of 1114.55 feet, a
central angle of 11 °45'37' and subtending a chord bearing N 68'24'11" E 228.37 feet,
thence, 418.78 feet along the arc of a curve to the left, having a radius of 1200.92 feet, a
central angle of 19°58'48", and subtending a chord bearing N 52031'59" E 416.66 feet;
thence, N 47034'33" W 18.05 feet;
thence, N 42027'34" E 215.95 feet;
thence, 190.23 feet along the arc of a curve to the right, having a radius of 778.51 feet, a
central angle of 14000100", and subtending a chord bearing N 49027'34" E 189.75 feet;
thence, N 56°27'34" E 105.54 feet;
thence, S 44007'00" E 199.43 feet to the point of beginnirvg, said parcel contains 13.581
acres more or less.
IIIIII 11111 IIIIII 111111111111111 EMENIIDAVIS II IIII
438181 12/21/1999 02:02P
20 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT "D"
DESCRIPTION - NATURAL AREA
A tract of land situate in Sections 28,29,32,33 and 34 Township 9 South, Range 85
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 38028'37" E 5426.75 feet;
thence, along the east line of a conservation easement described in Reception No.
391098 of the records of the Clerk and Recorder of Pitkin County, Colorado the
following course:
N 11026'58" E 2369.27 feet;
thence, N 11 026'58" E 126.58 feet to the south right of way line of Brush Creek Road;
thence, along said right of way line the following courses:
N 87055'00" E 256.11 feet;
thence, 104.41 feet along the arc of a curve to the left, having a radius of 1184.57 feet,
a central angle of 5003'00", and subtending a chord bearing N 85023'30" E 104.37
feet;
thence, N82°52'00" E 142.31 feet;
thence, 325.28 feet along the arc of a curve to the left, having a radius of 643.41 feet, a
central angle of 28058'00", and subtending a chord bearing N 6802300" E 321.83 feet;
thence, N 53054'00" E 62.96 feet;
thence, 133.19 feet along the arc of a curve to the right, having a radius of 517.18 feet,
a central angle of 14045'21", and subtending a chord bearing N 61 016,40 "E 132.83
feet;
thence, N 77°13'12" E 49.00 feet;
thence, N74°17'00" E 146.71 feet;
thence, 228.77 feet along the arc of a curve to the left, having a radius of 1114.55 feet,
a central angle of 11 °45'37", and subtending a chord bearing N 68024'11" E 228.37
feet;
thence, 418.78 feet along the arc of a curve to the left, having a radius of 1200.92 feet,
a central angle of 19058'48", and subtending a chord bearing N 52031,59" E 416.66
feet;
thence, N 47°34'33" W 18.05 feet;
thence, N 42027'34" E 215.95 feet;
thence, 190.23 feet along the arc of a curve to the right, having a radius of 778.51 feet,
a central angle of 14000'00", and subtending a chord bearing N49027'34" E 189.75
feet;
thence, N 56027'34" E 105.54 feet; thence, leaving said right of line on a course
bearing S 44007'00" E 823.47 feet;
thence, S11 °54-51" W 806.30 feet;
thence, N 85°01'06" E 927.20 feet;
thence, N21059'38" E 729.98 feet; I lI'lll "III '�IIII I'I'I I'll" II" Ill"l Ill „lI'lI 'l I"l
thence, N 73 52 56 E 300.00 feet; 438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
21 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Exhibit "D"
Natural Area
Page 2 of 5
thence, N16°07-04" W 20.05 feet;
thence, N 87042'10" E 1573.24 feet along the north line of the SE1/4 of the SW1/4 of
said Section 28; thence, N 87048'01" E 1319.90 feet along the north line of the SW1/4
of the SE1/4 of said Section 28;
thence, S00°56'40" E 1346.21 feet along the east line of the SW1/4 of the SE1/4 of
said
Section 28; thence, S 87°32'39" W 406.16 feet along the south line of the SW1/4 of the
SE1/4 of Section 28,-
thence, along the west and south lines of a tract of land described in Book 619 at Page
859 of the records of the Clerk and Recorder of Pitkin County, Colorado the following
courses:
S 00055'57" E 220.10 feet;
thence, S 58°59'33" W 315.13 feet;
thence, S 30006'23" E 1090.00 feet;
thence, N87049'09" E 150.00 feet to the southeast corner of the NW1/4 of the NE1/4 of
said Section 33; thence, N 87048'43" E 1334.63 feet along the north line of the SE1/4
of the NE1/4 of said Section 33; thence, S 01 019'45" E 1343.34 feet along the east line
of the SE1/4 of the NE1/4 of said Section 33;
thence, S 90000'00' E 98.49 feet along the north line of Lot 25 of said Section 34;
thence, S 00000'00" E 71.90 feet along the east line of Lot 25 of said Section 34;
thence, N 84024'55" W 2367.10 feet along the south line of said Lot 25 and Lots 8,7
and 5 of said Section 33;
thence, N 00000'00" E 780.86 feet;
thence, S 90000'00" W 6491.18 feet to the point of begirfning, said parcel contains
500.000 acres more or less.
LESS THE FOLLOWING PARCELS:
DESCRIPTION-PASTURE
A tract of land situate in Section 29, Township 9 South, Range 85 West of the 6th
Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 9052'58" E 1418.34 feet;
thence, S 63032'42" W 116.39 feet;
thence, S 490 14'07" W 128.50 feet;
thence, S 19055'25" W 177.21 feet;
thence, S 16008'42" W 177.14 feet;
thence, S 69°11'06" W . feet;53 I I"III "III "III'I'Ifl I'll" II" III"I III "I"II II I"I
thence, N 69006'57" W 53.3636 feet; 438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
22 of 30 R 0,00 D 0.00 N 0.00 PITKIN COUNTY CO
Exhibit "D"
Natural Area
Page 3 of 5
thence, S 7100610" W 172.27 feet;
thence, S 64020'00" W 248.36 feet;
thence, S 32047'24" W 171.38 feet;
thence, S 62030'17" W 100.73 feet;
thence, S 28015'16" W 279.33 feet;
thence, S 76052'30" W 45.79 feet;
thence, N 33 024'15" W 174.98 feet;
thence, N 7032'10" E 285.97 feet;
thence, S 84°54141" E 110.59 feet;
thence, N 39018'43" E 629.39 feet;
thence, N 31 008'57" E 643.03 feet;
thence, S 44°07'00" E 525.52 feet to the point of beginning, said parcel contains
12.411 acres more or less.
AND:
DESCRIPTION-HAY FIELD
A tract of land situate in Section 29, Township 9 South, Range 85 West of the 6th
Principal.Meridian being more particularly described as follows:
Beginning at a point whence the east 114 corner of Section 29 of said Township and
Range bears N 35°31'46" E 1166.45 feet;
thence, S 72047'17' W 98.07 feet;
thence, S 40051'12" W 49.18 feet;
thence, S 22028'30" W 68.60 feet;
thence, S 64048'53" W 33.29 feet;
thence, S 17°29'40" W 31.34 feet;
thence, S 87°37'41" W 68.46 feet;
thence, S 56°11'01" W 38.82 feet;
thence, S 5010'45" W 55.31 feet;
thence, S 53°11'08" W 112.88 feet;
thence, S 24031'51" W 48.86 feet;
thence, S 60020'21" W 37.93 feet;
thence, N 68001'54" W 41.65 feet;
thence, S 58012'18' W 43.11 feet;
thence, S 5020'24" W 165.05 feet;
thence, S 22'53'18" W 62.73 feet;
thence, S 41 °24'S5" W 65.83 feet; I IIIIII IIIII IINII ('III IIIIII IIII IIIIII III IIIIIII II IIII
thence, S 17001'10" W 80.27 feet; 438191 12/01/1999 02:02P EASEMENT DAVIS SiLVi
thence, S 54015'56" W 139.14 feet; 23 of 30 A 0.00 0 0.00 N 0.00 PiTKiN COUNTY CO
Exhibit T"
Natural Area
Page 4 of 5
thence, N 80028'26" W 141.66 feet;
thence, S 30055'04" W 138.93 feet;
thence, N 43023'50" W 107.41 feet;
thence, S 60034'55" W 86.96 feet;
thence, N 61007'15" W 95.16 feet;
thence, N 8700602" W 116.79 feet;
thence, S 50021'08' W 57.62 feet;
thence, N 81049'53" W 98.94 feet;
thence, N 41 °19'11" W 49.44 feet;
thence, S 460 18'54" W 135.43 feet;
thence, S 12°18'59" W 60.88 feet;
thence, S 28037'27" W 88.41 feet;
thence, S 71021'16" W 43.97 feet;
thence, S 28015'50" W 144.38 feet;
thence, N 57052'15" W 161.65 feet;
thence, S 67°13'05" W 40.49 feet;
thence, N 85005'51" W 113.81 feet;
thence, S 60012131" W 59.85 feet;
thence, N 61054'39" W 53.97 feet;
thence, S 71026'12" W 151.20 feet;
thence, N 11 026'58" E 312.36 feet to the south right of way line of Brush Creek Road;
thence, along said right of way line to following courses:
N 87°55'00" E 256.11 feet;
thence, 104.41 feet along the arc of a curve to the left, having a radius of 1184.57 feet,
a central angle of 5003'00", and subtending a chord bearing N 85023'30" E 104.37
feet;
thence, N 82°52'00" E 142.31 feet;
thence, 325.28 feet along the arc of a curve to the left, having a radius of 643.41 feet, a
central angle of 28058'00", and subtending a chord bearing N 68023'00" E 321.83 feet;
thence, N 53054'00" E 62.96 feet;
thence, 133.19 feet along the arc of a curve to the right, having a radius of 517.18 feet,
a central angle of 14045'21", and subtending a chord bearing N 61 °16'40 "E 132.83
feet;
thence, N 77013'12" E 49.00 feet;
thence, N 74017'00" E 146.71 feet;
thence, 228.77 feet along the arc of a curve to the left, having a radius of 1114.55 feet,
a central angle of 11 045'37", and subtending a chord bearing N 68024'11" E 228.37
feet;
thence, 418.78 feet along the arc of a curve to the left, having a radius of 1200.92 feet,
a central angle of 19058'48", and subtending a chord bearing N 52031'59" E 416.66
feet; II
I �Iflll "III '�III' I'I'I I'�I" II" IIII'I III 'II'I'I II I"I
438191 12/01/1999 02.02P EASEMENT DAVIS SILVI
24 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Exhibit T"
Natural Area
Page 5 of 5
thence, N 47034'33" W 18.05 feet;
thence, N 42027'34" E 215.95 feet;
thence, 190.23 feet along the arc of a curve to the right, having a radius of 778.51 feet,
a central angle of 14000'00", and subtending a chord bearing N 49027'34" E 189.75
feet;
thence, N 56027'34" E 105.54 feet;
thence, S 44007'00" E 199.43 feet to the point of beginning, said parcel contains
13.581 acres more or less.
0 kCorel Data Files1DocumenWtosAtosv generahcontractsWrostelExhibit D.wpd
J
Ililll IIIII IIIIiI IIIII 111111 III I III III III I II I III I I Iill
438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
25 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT "E"
DESCRIPTION-DROSTE FUTURE DEVELOPMENT LANDS
A tract of land situate in Sections 32, 33 and 34, Township 9 South, Range 85
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 38028'37" E 5426.75 feet,-
thence, N 90000'00' E 6491.18 feet;
thence, S 0000'00" E 780.86 feet;
thence, N 84024'55" W 550.99 feet;
thence, S 0002'05" W 1320.00 feet;
thence, N 89057'55" W 2725.80 feet;
thence, S 0002'05" W 396.87 feet;
thence, S 89a40'17" W 2450.86 feet;
thence, S 89054'31" W 262.95 feet;
thence, N 11 033'08" W 2507.72 feet to the point of beginning, said parcel contains
304.394 acres more of less.
I Illlll"III llllll Illll Illlll Illl IIIIII Ill lIIIIII lI I'll
438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
26 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT "F"
DESCRIPTION-DROSTE RANCH
A tract of land situate in Sections 28 and 29, Township 9 South, Range 85 West of the 6th
Principal Meridian being more particularly described as follows.-
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 9052'58" E 1418.34 feet; N 44007'02" W 823.48 feet;
thence, N 56°27'34" E 74.46 feet;
thence, 195.21 feet along the arc of a curve to the right, having a radius of 1628.81 feet,
a central angle of 6052'00", and subtending a chord bearing N 59053'34" E 195.09 feet;
thence, N 63'19'34" E 75.33 feet;
thence, 373.94 feet along the arc of a curve to the left, having a radius of 1185.92 feet, a
central angle of 18003'59", and subtending a chord bearing N 54017,35" E 372.39 feet;
thence, N 45°15'34' E 230.55 feet;
thence, 195.42 feet along the arc of a curve to the right, having a radius of 1705.29 feet,
a central angle of 6033'57", and subtending a chord bearing N 48032'33" E 195.31 feet;
thence, N 51 °49'31" E 112.13 feet;
thence, S 16010'13" E 408.48 feet;
thence, S 75°08'10" E 19.10 feet;
thence, S 42°04'42' E 251.32 feet;
thence, S 39°30'42" E 186.33 feet;
thence, S 53057'24"W 1044.76 feet to the point of beginning, said parcel contains 20.063
acres more or less.
k
IIIIII IIIII IIIIII 11111 IIIIII 1111 IIIIII III 1111111 II 1111
438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
27 of 30 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
Dec, 1. 1999 1 : 27FM TOO Na, 1300 P, 2/4
EXHIBIT G
SF,VEN STAR RANCH
OEScI,,PwN- hirer ,i
/I itluct of land situo(e in Sections 29, JO and J1, rownship 9 South, range 95
Yost of the 6111 Principal Alandian being more particu/a& described as follows:
Ocginrring at the Northeast corner of Government Lot 6 of said Section J0 w•hance
the Easl 114 corner cf said Section JO bears 1Y 00'02'17' E 227.65 feet; (hence
/✓ 597J5'16" £ 09.50 reef; (hence 5 0072444' E 1092.90 feet; (hence
472.9J faef along the arc of a curve to (he right, having a radius of
.300.00 feet, a central angle of 90'19'25' and subtending a chord boating
S -14'44 .Ii' I1' 425.46 feel; (herico S 89'54'41' IY 44746 feel' thence
S JO' CO'00" F, 1174.42 feet; thence S 56'17'06' E 709,57 feet to the north ,
iiy/rt-vf-fray line of 8rush Creek road described in Cook 227 at .Page 571; (lielice
vlonq sore nght-of-w•oy line the following courses: S 25'06'27' lY 292. 16 fee(;
lhenco J r0.04 feel along the arc of a curve to the rigltt, having a radius of
113UR75 feet, a ccntrnl angle of 9'JO'02; and subtending a chord bearing S
951 'i5' W J09.66 feet; (hence 178.09 feat along the ar•c , of a cume to (he
o_4ht, irav*ig o radius of J9295 feet, a central angle of 2558'OJ, and
subtendiny c chord bearing S 47J5'JO' E .176.57 feat; thence 201.62 feet
vlorr_q fhe arc of a curve to the left, having a rvdiu.7 of 472.95 feet, a central
angle of 2425J2', and subtending a chord bearing S 4B'21'45r W 100. /0
feel,- thence 49.J2 feet along the arc of a curve la the left, having 'a radius of
472.95 fret, o central angle of 5'08J1', and subtending a chord bearing S
JJ`0.9'-W 11' 49.J0 feet; thence S J070.27' IY 640.74 feet; thence 2J5.59 fee(
along the arc of a curve to (he night, having a radius of 766.92 feet, a cenlrol
angle of 17J6'OJ and subtending a, chord bearitrg S ,,15'5829' iI' 2P-67
fee(; (hence J66.95 feet along the arc of a curve to Pie left, having a radius
Of 772.6.7 feet, a control angle of Z94JO'OJ', and subtending- a chord Gearing S
JJ'Ci 267i W J62,91 tee(; thence, Z55.-J7 feet along the are of a curve to the
.7a111, /7at-7ng a radius of J72.26? feet, a central angle of J9016'J9, and
subtending a chord beanna S J755'46' E 250.39 Met; !hence N 0'02'40' E
1-76.29 feet along the East line of Lot I of said Section J1; (hence N
89'J9'40" E 187.91 feet along the north line of Lot 19 of said Section J1 to
the southn-est camer of Lot 20 of said Section J1; thence fl 0426'29' W lJ26.04
foci clang the west line of said Lot 20, thence N 07271OJ' 11' W6.50 foot
along the west lino of Lot d of said Section JO, thence N 895441' E 1094.92
feet along (lie north line of said Lot 8; thence N O'24'44"' Iw 1092.90 feet
along lie nest line of said Lot 6; thence N 89'J5'16' E' 210.50 tee( along the
north .line of Lot 6 to the point of beginning, , said-porcal contains 7J.419
acres more or less.
111111 ����� 11111111111111111102.02P EAS111EMEN111111111111111 II 1111
1 12/01/1999 T DAVIS SILVI
43819
28 of 30 R 0.00 D a.00 N 0.00 PITKIN COUNTY CO
Dec. 1. 1999 1 : 27PM TOP No. 1300 P, 3/4
A tract of land situate in Sections 29, 31, and 32, Township 9 South, Range 85 West of the
5th Principal Meridian being more particularly described as follows.
beginning at a point on the south right-of-way line of a roadway described in Book
227 at Page 315 of the records of the Gerk and Recorder of Pitkin County, Colorado,
whence the Southwest corner of said Section 32 bears S 66' 44' 14" W 1,374.51 feet;
thence along a fence the following courses: S I I' 16' 13" E 72.01 feet; thence S 10'
06' 54" W 186.19 feet; thence S 9' 20' 35" E 437.21 feet; thence S 63' 04' 20" W
110.16 feet; thence S 0' OT 27" W 2,463.51 to the south line of Lot 6 of said Section
32; thence N 89' 43' 48" W 1,175.45 feet along the south litres of Lots 6 and 4 of said
Section 32; thence S 1' 38' 52" E 213.89 feet along the east line of Lot 17 of said
Section 3 l; thence S 89' 35' 16" W 213.17 feet along the south line of said Lot 17;
thence N 0' 24' 44" W 213.98 feet along the west line of said Lot 17, thence S 89'
37 35" W 1,219.90 feet along the south line of Lot 19 to the southerly right-of-way
line described in Book 227 at Page 571 and 315; thence 274.88 feet along the arc of
a curve to the Icft, having a radius of 452.20 feet, a central angle of 34' 49'44", and
subtending a chord bearing N 35' 41' 19" E 270.67 feet; thence 325.75 feet along the
arc of a curve to the right, having a radius of 632.67 feet, a central angle of 29° 30'
0311, attd subtending a chord bearing N 33' 01' 29" E 322.17 feet; thence 260.17 feet
along the arc of a curve to the left, having a radius of 846.92 feet, a central angle of
17' 36' 03", and subtending a chord bearing N 38' 58' 28" E 259.15 feet; thence N
30' 10' 27" E 640.74 feet; thence 208.50 feet along the arc of a curve to the right,
having a radius of 392.95 feet, a central angle of 30' 24' 03", and subtending a chord
bearing N 45' 22' 29" E 206.06 feet; thence 214.35 feet along the arc of a curve to
the left, having a radius of 472.95 feet, a central angle or25' 58' 03", and subtending
a chord bearing N 47' 35' 28" E 212.52 feet; thence 923.30 feet along the arc of a
curve to the left, having a radius of 1,949.78 feet, a central angle of 9' 30' 02", and
subtending a chord bearing N 29' 51' 26" E 322.93 feet; thence N 25' 06' 27" E
350.00 feet; thence 443.46 feet along the arc of a curve to the right, having a radius
of 810.89 feet, a central angle of 31' 20' 03", and subtending a chord bearing N 40'
46'29" L- 437.96 feet; thence 296.13 feet along the arc of a curve to the left, having
a radius of I,490,46 feet, a central angle of 11' 23' 01", and subtending a chord
bearing N 50' 45' 00" E 295.64 feet; thence N 45' 03' 27" L- 316.00 feet; thence
411.69 feet along the arc of a curve to the right, having a radius of 1,435.35 feet, a
central angie of 16' 26' 02", and subtending a chord bearing N 53' 16' 28" E 41029
feet; thence N 61' 29' 27" E 177.64 feet to the point of beginning, said parcel
contains 108.760 acres more or less.
(Tract C-1)
A - 1
IIIII HIM 1111111111111111111111111,11111111 IN
438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
29 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Dec, 1. 1999 1 : 27PM TOSV No, 1300 P. 4i 4
A tract of land situate in Section 32, Township 9 South, .Range 85 West of the 601 Principal Meridian
)cing more particularly described as follows:
Bcgirtning at the south ''/. comer of said Section 32; thence S 89° 29' 19" W 2,645.26
feet along the south line of said Section 32 to the southwest corner of said Section 32,
thence N 1° 38' 52" W 2,696.58 feet along the west line ofsnid Section 32 to the west
'/A comer of said Section 32; thence S 89° 43'48" E 1,342.09 to the northeast corner
of Lot 8 of said Section 32; thence S 10 14' 43" E 1,339.19 feet to the southeast
corner of said Lot 8; thence N 89' 52'24" E 1,332.31 feet to the northeast corner of
the S '/z of the SW '/4 of said Section 32; thence S 0° 49' 49" E 1,329.74 feet to the
point of beginning, containing 122.831 acres more or less.
i I"III '�II� "I�f' ('I'I I'll" illy lll�ll lli III III'I IIII
438191 12/01/1999 02:02P EASEMENT DAVIS SILVI
30 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
(Tract C-2)
A - 1
TOWN OF SNOWMASS VILLAGE
and
PITKIN COUNTY
SUBDIVISION RESTRICTIVE COVENANT
This Subdivision Restrictive Covenant is made and entered into on the 1st day of
December, 1999, by and among PETER C. DROSTE; PETER C. DROSTE, AS TRUSTEE
OF A TRUST FOR THE BENEFIT OF PETER C. DROSTE, JR. AND ELISE DROSTE
under written trust instrument dated December 25, 1991; BRUCE F. DROSTE; BRUCE F.
DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF EDWARD DROSTE AND
WILLIAM DROSTE, under written trust instrument dated December 25, 1991, hereinafter
collectively referred to as the "Droste Interests", and the TOWN OF SNOWMASS
VILLAGE, COLORADO, a Colorado Home Rule Municipality, and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic,
hereinafter referred to as the "Grantees".
NOW, THEREFORE, in consideration of good and valuable consideration paid to
the Droste Interests by the Grantees, the receipt and adequacy of which is hereby
acknowledged, the Droste Interests hereby grant to the Grantees as follows:
1. Restriction Against Subdivision. The Droste Interests, for themselves, their
heirs, successors and assigns, agree, for the benefit of the Grantees, that there shall be no
further subdivision of the Droste Ranch, as described in Exhibit "A", attached hereto and
incorporated herein by this reference, without the prior express written consent of the
Grantees. The foregoing restriction may be enforced by the Grantees by all equitable
remedies, including injunctive relief and, in the event such enforcement shall be necessary,
the Grantees shall have the right to recover from the Drostq'Interests, their successors and
assigns,,reasonable attorneys' fees and costs in connection with the enforcement hereof.
The foregoing restriction shall run with the land and be binding on all persons who
hereafter acquire an interest in the Droste Ranch, as described in Exhibit"A" for so long as
the Conservation Easement (Exhibit "B") is in force.
2. Notices. Any notice, demand or document which either party is required or
may desire to deliver to the other party shall be in writing and may be delivered personally,
by facsimile transmission or by United States Mail, certified, addressed as follows:
Droste Interests: Peter C. Droste
11 Powder House Circle
Needham, Massachusetts 02492-1113
Facsimile No.: (781) 449-5947
Grantees: Town of Snowmass Village, Colorado
16 Kearns Road
111111111111111111 IN IN Page 1 of 5
I ofg5 R20 0010 0.00 N30.00 8PITKIN COUNTY CO
Post Office Box 5010
Snowmass Village, Colorado 81615
Attention: Town Manager
Facsimile.No.: (970) 923-6083
Board of County Commissioners of Pitkin County, Colorado
530 East Main Street, Third Floor
Aspen, Colorado 81611
Attention: County Manager
(970) 920-5198
Any notice, demand or document so delivered by United States mail shall be deemed to
have delivered seventy two (72) hours after the same is deposited in the United States mail.
Notice by facsimile transmission shall be deemed given upon receipt of a transmission
confirmation by sender. Either party may designate a new person for the receipt of notices
by providing the other party with notice of such designation in accordance with the
provisions of this Paragraph.
IN WITNESS WHEREOF, the parties have caused their authorized signatories to
execute this Subdivision Restrictive Covenant.
Peter C. Droste Peter C. Droste, Trustee of a Trust
for the Benefit of Peter C. Droste,
Jr. and Elise Droste under written
trust instrument dated December
25`A 991
race F. Droste ruce F. D e, T e of, ,,Tr,Vst
for the Benefit of ���Draste'',,
and William Droste,Aji alervvrirr'e
trust instrument daerf�gr
25, 1991
,t
Town of Snowmass Village, Colorado Attest: r
l
T. Michael Manchester, Mayor Trudi Worline, Town Clerk
Page 2 of 5
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Board of County Commissioners Attest:
Of Pitkin County, Colorado
Leslie Lamont, Chair Jeanette Jones, Deputy Clerk
ACKNOWLEDGMENT
STATE OF COLORADO ) APPR(-)\IFr R4- qOCC
COUNTY OF PITKIN ) -�" 7-1
The foregoing Subdivision Restrictive Covenant was acknowledged to before me by
Peter C. Droste, individually, and as Trustee of a Trust for the Benefit of Peter C. Droste,
Jr. and Elise Droste under written trust instrument dated December 25, 1991, on December
1, 1999.
WITNESS MY HAND AND OF)FICIAL SEAL.
My commission expires:10/P5i :?
' 1
EG�OTj
1 t n-.rn a
Notary I c
STATE O }
) Ss. j
COUNTY OF
The foregoing Subdivision Restrictive Covenant was acknowledged to before me by
Bruce F. Droste, individually, and as Trustee of a Trust for the Benefit of Edward Droste
and William Droste, under written trust instrument dated December 25, 1991,on December
1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: :',
yet
Notari Pub w ••f ���,�,,�
/7 ��w✓�i�
STATE OF COLORADO
) SS. J
Page 3 of 5
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COUNTY OF PITKIN )
The foregoing Subdivision Restrictive Covenant was acknowledged to before me by
T. Michael Manchester as Mayor and attested to by Trudi Worline as Town Clerk of the
Town of Snowmass Village, Colorado on December 1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: �,�� J0;3
Notary bli
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Subdivision Restrictive Covenant was acknowledged to before me by
Leslie Lamont as Chair and attested to by as Jeanette Jones as Deputy Clerk of the Board
of County Commissioners of Pitkin County, Colorado on December 1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
s.H /Notar+PubUo �+
by 9 ti c�TA
MYCommisWwwoms42=002 �o t,
,sue;,�&11 Notary Public
r
C
After Recording Return To:
Stephen R. Connor, Esq.
Stephen R. Connor, P.C.
323 West Main Street, Suite 301
Aspen, Colorado 81611
111111111111111111111111111111111 HIS III IN11111111
438192 12/01/1999 02:03P SUB ACRE DAVIS SILVI Page 4 of 5
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Exhibit "A"
A tract of land situate in Sections 28 and 29, Township 9 South, Range 85 West of the 6th
Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 comer of Section 29 of said Township and Range
bears N 9052'58" E 1418.34 feet; N 44007'02" W 823.48 feet;
thence, N 56027'34" E 74.46 feet;
thence, 195.21 feet along the arc of a curve to the right, having a radius of 1628.81 feet,
a central angle of 6052'00", and subtending a chord bearing N 59053'34" E 195.09 feet;
thence, N 63019'34" E 75.33 feet;
thence, 373.94 feet along the arc of a curve to the left, having a radius of 1185.92 feet, a
central angle of 18003'59", and subtending a chord bearing N 54017'35" E 372.39 feet;
thence, N 45015'34' E 230.55 feet;
thence, 195.42 feet along the arc of a curve to the right, having a radius of 1705.29 feet,
a central angle of 6033'57", and subtending a chord bearing N 48032'33" E 195.31 feet;
thence, N 51049'31" E 112.13 feet;
thence, S 1601013" E 408.48 feet;
thence, S 75008'10" E 19.10 feet;
thence, S 42004'42' E 251.32 feet;
thence, S 39030'42" E 186.33 feet;
thence, S 53057'24" W 1044.76 feet to the point of beginning, said parcel contains 20.063
acres more or less.
Exhibit "B"
Conservation Easement dated December 1l 1999, attached.
f
III HIM 1111 IN Page 5 of 5
'S3ef98 R20.001090.00 N30.00gPIT RE DAVIS I
KIN COUNTY CO
TOWN OF SNOWMASS VILLAGE
AND
PITKIN COUNTY
PUBLIC TRAIL EASEMENT
This Public Trail Easement is made and entered in to on December 1, 1999, and is
granted by and among PETER C. DROSTE; PETER C. DROSTE, AS TRUSTEE OF A
TRUST FOR THE BENEFIT OF PETER C. DROSTE, JR. AND ELISE DROSTE under
written trust instrument dated December 25, 1991; BRUCE F. DROSTE; BRUCE F.
DROSTE, AS TRUSTEE OF A TRUST FOR THE BENEFIT OF EDWARD DROSTE
AND WILLIAM DROSTE, under written trust instrument dated December 25, 1991,
hereinafter referred to as collectively the "Grantors", to the TOWN OF SNOWMASS
VILLAGE, COLORADO, a Colorado Home Rule Municipality; the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, hereinafter collectively referred
to as the "Grantees".
1. Easement. In consideration of good and valuable consideration paid to the
Grantors by the Grantees, the receipt and adequacy of which is hereby acknowledged,
the Grantors hereby grant to the Grantees two (2) non-exclusive easements, hereinafter
collectively referred to as the "Public Trail Easement', over and across the real property
located in Pitkin County, Colorado for public non-motorized travel, as more particularly
described on Exhibit "A", attached hereto and incorporated herein.
The Grantees agree to maintain the Public Trail Easement at its sole expense,
provided, however, that the Grantees shall have the right to assign its maintenance
responsibilities to whatever person or entity the Grantees. deems is desirable for the
effective utilization and maintenance of the Public Trail Easement granted herein. The
Grantors hereby agree to repair and restore to its improved,condition any portions of the
Public Trail Easement area which have been damaged due to activities of the Grantors,
its agents and employees.
2. Easement Utilization. This Public Trail Easement is solely for non-
motorized travel by the public within the grant of the easement, as described in Exhibit
"A", and shall be strictly construed.
3. Maintenance and Insurance. The parties expressly acknowledge that the
Public Trail Easement is granted for a "recreational purpose" under Section 33-41-101,
C.R.S., et. seq, and the Grantors are entitled to the benefits, protection and limitations on
liability afforded by Colorado Law governing recreational.easements. By granting the
Public Trail Easement, the Grantors shall have no obligation to repair, clear or otherwise
maintain the area within the Public Trail Easement, or to insure or indemnify the Grantees
for any injury, claim or damage to any person or property, whether alleged to have
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occurred as a result of use of the Public Trail Easement for public non-motorized travel or
otherwise, or due to the condition of the public trail.
By accepting the Public Trail Easement granted herein, the Grantees agree:
a. subject to the limitations, procedural requirements and monetary limits of
the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S.,
et. seg., to defend against the allegation of any injury, claim or damage to
any person or property as a result of use of the Public Trail Easement, for
public non-motorized traffic or due to the condition of the public trail; and
b. to add the Grantors as an additional insured on any policy of liability
insurance carried by the Grantees and insuring against such claims or
losses.
4. Amendment. The Grantors and the Grantees recognize that circumstances
may arise under which an amendment to or modification of this Public Trail Easement
would be appropriate. Accordingly, the Grantors and the Grantees may jointly amend this
Public Trail Easement, and shall not affect its perpetual duration. Any such amendment
shall be filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado.
5. Notices. Any notice, demand or document which either party is required or
may desire to deliver to the other party shall be in writing and may be delivered
personally, by facsimile transmission or by United States Mail, certified, addressed as
follows:
Grantors: Peter C.'Droste
11 Powder House Circle
Needham, Massachusetts 02492-1113
Facsimile No., (781) 449-5947
Grantees: Town of Snowmass Village, Colorado
16 Kearns Road
Post Office Box 5010
Snowmass Village, Colorado 81615
Attention: Town Manager
Facsimile No.: (970) 923-6083
Pitkin County Board of County Commissioners and
Pitkin County Attorney
530 East Main Street
Aspen, Colorado 81611
I Page 2 of 6
I I'llll Itlll "{I�' 1'�'I I'II" I'I' IIII�I III "II' IIII ("I
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Any notice, demand or document so delivered by United States mail shall be deemed to
have delivered seventy two (72) hours after the same is deposited in the United States
mail. Notice by facsimile transmission shall be deemed given upon receipt of a
transmission confirmation by sender, Either party may designate a new person for the
receipt of notices by providing the other party with notice of such designation in
accordance with the provisions of this paragraph.
6. Venue. The Grantors and the Grantees agree that this Public Trail
Easement is made in accordance with the laws of the State of Colorado and shall be so
construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
7. Attorney Fees. Any costs incurred by the Grantees in enforcing the terms of
this Public Trail Easement against the Grantors, including without limitation, costs of suit
and reasonable attorneys' fees, even in the event that the Grantees secures redress
without a completed judicial proceeding, and any costs of restoration necessitated by
violation of the terms of this Public Trail Easement, shall be repaid upon demand by the
Grantors. If the Grantors prevail in any action to enforce the terms of this Public Trail
Easement, the costs of suit, including, without limitation, reasonable attorneys' fees of the
Grantors, shall be paid by the Grantees. If a party voluntarily dismisses an action, a
reasonable sum as attorneys' fees shall be awarded to the,other party.
8. Term. This Public Trail Easement be perpetual. Provided, however, this
Public Trail Easement shall terminate, if the certain Conservation Easement of even date
herewith filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado
as Reception No. — shall terminate in accordance with the terms and
conditions of said Conservation Easement.
9. Binding. This Public Trail Easement shall run the land and shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns in perpetuity.
Page 3 of 6
IIIIII IN 111111 III 111111111 IN
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IN WITNESS WHEREOF, the parties have caused their authorized signatories to
execute this Public Trail Easement.
Peter C. Droste Peter C. Droste, Trustee of a
Trust for the Benefit of Peter C.
Droste, Jr. and Elise Droste under
written trust instrument dated
December 25, 1991
Bruce F. Droste 13fuce F. Droste, Trusfee of a
Trust for the Benefit of Edward
Droste and William Droste, under
written trust instrument dated
December 25, 1991
Town of Snowmass Village, Colorado
� i
T Michael Manchester, Maybr Thidi,Worline, Town Clerk"
Board of County Commissioners of Pitkin County, Colorado
Leslie Lamont, Chairman
r
Clerk and Recorder
Page 4 of 6
IIIII MIN IN II1III 111111111111 IN
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ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Public Trail Easement was acknowledged to before me by Peter C.
Droste, individually, and as Trustee of a Trust for the Benefit of Peter C. Droste, Jr. and
Elise Droste under written trust instrument dated December 25, 1991, on December 1,
1999.
WITNESS MY HAND AN OF ICIAL SEAL.
My commission expires:�9 �3
-- -- --'� , �XX"-
Notary blic =r
STATE OF MASSACHUSETTS )
) ss.
COUNTY OF MIDDLESEX )
The foregoing Public Trail Easement was acknowledged to before me by Bruce F.
Droste, individually, and as trustee of a Trust for the Benefit of Edward Droste and
William Droste, under written trust instrument dated December 25, 1991, on November
29, 1999.
WITNESS MY HAND AND OFFICIAL SEAL. .�•N"" "~«
My commission expires:,
Notary P lic r'
111111 IN 111111 III 111111111 IN Page 5 of 6
A138190 12/01/199S 02:06P EASEMENT DAVIS SILVI
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Public Trail Easement was acknowledged to before me by T.
Michael Manchester as Mayor and attested to by Trudi Worline as Town Clerk of the
Town of Snowmass Village, Colorado on December 1, 1999.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
Notary P is
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Conservation Easement was acknowledged to before me by Leslie
Lamont as Chairman of the Board of County Commissioners and attested to by
as County Clerk and Recorder of Pitkin County, Colorado
on December 1, 1999.
WITNESS MY HAND ANgOFFICIAL SEAL.
My commission expires:& s/03
4A
_---1a �GNNVwWW �- k
Notary Pu
----- —«---- -------------------
After Recording Return To:
Stephen R. Connor, Esq.
Stephen R. Connor, P.C.
323 West Main Street, Suite 301
Aspen, Colorado 81611
Exhibit "A"
Impervious Surface Trail Description
Non-Impervious Surface Trail Description
t
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EXHIBIT "A"
DESCRIPTION -- PEDESTRIAN EASEMENT
A trail easement situate in Section 29, Township 9 South, Range 85 West of the
6th Principal Meridian being 10 feet in width and lying 5 feet on each side of
the following described centerline:
Beginning at a point on the south right of way line of Brush Creek Road whence the
east 1/4 corner of Section 29 of said Township and Range bears N 45028'12"E 1157.48
feet;
thence, S 44007'00" E 196.22 feet; thence, S 72047'17' W 86.85
feet; thence, S 4005112" W 49.18 feet; thence, S 22028'30" W 68.60 feet;
thence, S 64048'53" W 33.29 feet; thence, S 17029'40" W 31.34 feet; thence,
S 87037'41" W 68.46 feet;S
thence, S 56°11'01" W 38.82 feet;
thence, S 5010'45" W 55.31 feet;
thence, S 53-11'08" W 112.88 feet;
thence, S 24031'51" W 48.86 feet;
thence, S 6002021" W 37.93 feet;
thence, N 68001'54" W 41.65 feet;
thence, S 58°12'18' W 43.11 feet;
thence, S 5020'24" W 165.05 feet;
thence, S 22053'18" W 62.73 feet;
thence, S 41024-55" W 65.83 feet;
thence, S 17001110" W 80.27 feet;'
thence, S 5401656" W 139.14 feet;
thence, N 80028'26" W 141.66 feet;
thence, S 30055'04" W 138.93 feet;
thence, N 43'23'50" W 107.41 feet;
thence, S 60034'55" W 86.96 feet;
thence, N 61007'15" W 95.16 feet;
thence, N 87°05'02" W 116.79 feet;
thence, S 50021'08' W 57.62 feet;
thence, N 81 °49'53" W 98.94 feet;
thence, N 41 011911 11" W 49.44 feet;
thence, S 46018-54" W 135.43 feet;
thence, S 12'18'59" W 60.88 feet;
thence, S 28037'27" W 88.41 feet;
thence, S 71 a21'16" W 43.97 feet;
thence, S 2801650" W 144.38 feet;
thence, N 57°52'15" W 161.65 feet;
thence, S 6701305" W 40.49 feet;
thence, N 8500651" W 113.81 feet;
thence, S 60012'31" W 59.85 feet;
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EXHIBIT "A"
Page 2 of 4
thence, N 61054'39" W 53.97 feet;
thence, S 71'26'12" W 139.27 feet;
thence, N 10042'53" E 307.95 feet to the south right of way line of Brush Creek Road,
the point of ending; whence said east 114 corner bears N 57°55'03" E 3392.63 feet.
This trail is limited to use for non-vehicular, non-bicycle, pedestrian uses and it will be
constructed without an impervious surface.
DESCRIPTION — BIKE TRAIL
A trail for non-motorized uses to be constructed with an impervious surface to be
located near and parallel to Brush Creek Road within eight feet (80') of the southern
edge of the Brush Creek Road right-of-way over and across the following described
parcels:
Conservation Easement
A tract of land situate in Sections 28,29,32,33 and 34 Township 9 South, Range 85
West of the 6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 38028'37" E 5426.75 feet;
thence, along the east line of a conservation easement described in Reception No.
391098 of the records of the Clerk and Recorder of Pitkin.'County, Colorado the
following course: '
N 11 026'58" E 2369.27 feet;
thence, N 11°26'58" E 126.58 feet to the south right of way line of Brush Creek Road;
thence, along said right of way line the following courses:
N 87055'00" E 256.11 feet;
thence, 104.41 feet along the arc of a curve to the left, having a radius of 1184.57 feet,
a central angle of 5003'00", and subtending a chord bearing N 85023'30" E 104.37
feet;
thence, N82052'00" E 142.31 feet;
thence, 325.28 feet along the arc of a curve to the left, having a radius of 643.41 feet, a
central angle of 28058'00", and subtending a chord bearing N 68023'00" E 321.83 feet;
thence, N 5305400" E 62.96 feet;
thence, 133.19 feet along the arc of a curve to the right, having a radius of 517.18 feet,
a central angle of 14045'21", and subtending.a chord bearing N 61016'40 "E 132.83
feet;
thence, N 77°13-12" E 49.00 feet;
thence, N74°17'00" E 146.71 feet;
1 II1111 I1111 II1111 IIIII Itllll IN 111111 III I1111 IIII IN
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EXHIBIT "A"
Page 3 of 4
thence, 228.77 feet along the arc of a curve to the left, having a radius of 1114.55 feet,
a central angle of 11 045'37", and subtending a chord bearing N 680241111' E 228.37
feet;
thence, 418.78 feet along the arc of a curve to the left, having a radius of 1200.92 feet,
a central angle of 19058'48", and subtending a chord bearing N 52031'59" E 416.66
feet;
thence, N 47°34'33" W 18.05 feet;
thence, N 42027'34" E 215.95 feet;
thence, 190.23 feet along the arc of a curve to the right, having a radius of 778.51 feet,
a central angle of 14000'00", and subtending a chord bearing N49027'34" E 189.75
feet;
thence, N 56027'34" E 105.54 feet; thence, leaving said right of line on a course
bearing S 44007'00" E 823.47 feet;
thence, S11 °54'51" W 806.30 feet;
thence, N 85001'06" E 927.20 feet;
thence, N21°59'38" E 729.98 feet;
thence, N 73052'56" E 300.00 feet;
thence, N16007'04" W 20.05 feet;
thence, N 87042'10" E 1573.24 feet along the north line of the SE1A of the SW1/4 of
said Section 28; thence, N 87048'01" E 1319.90 feet along the north line of the SW1/4
of the SE114 of said Section 28;
thence, S00°56'40" E 1346.21 feet along the east line of the SW1/4 of the SE1/4 of
said
Section 28; thence, S 87032'39" W 406.16 feet along the douth line of the SW1/4 of the
SE1/4 of Section 28; p'
thence, along the west and south lines of a tract of land described in Book 619 at Page
859 of the records of the Clerk and Recorder of Pitkin County, Colorado the following
courses:
S 00°55'57" E 220.10 feet;
thence, S 58059'33" W 315.13 feet;
thence, S 30006'23" E 1090.00 feet;
thence, N87049'09" E 150.00 feet to the southeast comer of the NW1/4 of the NE1/4 of
said Section 33; thence, N 87048'43" E 1334.63 feet along the north line of the SE1/4
of the NE1/4 of said Section 33; thence, S 01°19'45" E 1343.34 feet along the east line
of the SE1/4 of the NE1/4 of said Section 33;
thence, S 90000'00' E 98.49 feet along the north line of Lot 25 of said Section 34;
thence, S 00000'00" E 71.90 feet along the east line of Lot 25 of said Section 34;
thence, N 84024'55" W 2367.10 feet along the south line of said Lot 25 and Lots 8,7
and 5 of said Section 33;
thence, N 00000'00" E 780.86 feet;
thence, S 90000'00" W 6491.18 feet to the point of beginning, said parcel contains
500.000 acres more or less.
1111111111111111111111111111 IN 111111111111111111 IN
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EXHIBIT "A"
Page 4 of 4
and over and across the Droste Ranch:
A tract of land situate in Sections 28 and 29, Township 9 South, Range 85 West of the
6th Principal Meridian being more particularly described as follows:
Beginning at a point whence the east 1/4 corner of Section 29 of said Township and
Range bears N 9°52158" E 1418,34 feet; N 44007'02" W 823,48 feet;
thence, N 56027'34" E 74.46 feet;
thence, 196.21 feet along the arc of a curve to the right, having a radius of 1628.81
feet, a central angle of 6052'00", and subtending a chord bearing N 590531341, E
195.08 feet;
thence, N 63019'34" E 75.33 feet;
thence, 373.94 feet along the arc of a curve to the left, having a radius of 1185.92 feet,
a central angle of 18003'59", and subtending a chord bearing N 540 17'35" E 372.39
feet;
thence, N 45°15'34' E 230.55 feet;
thence, 195.42 feet along the arc of a curve to the right, having a radius of 1705.29
feet, a central angle of 6033'57", and subtending a chord bearing N 48032'33" E 195.31
feet;
thence, N 51 049'31" E 112.13 feet;
thence, S 16-10113" E 408.48 feet;
thence, S 75°08'10" E 19.10 feet;
thence, S 42a04'42' E 251.32 feet;
thence, S 39°30'42" E 186.33 feet;
thence, S 53°57'24"W 1044.76 feet to the point of beginning, said parcel contains
20.063 acres more or less.
DESCRIPTION- BIKE TRAIL 11
�N= A trail for non-motorized uses to be constructed with an impervious surface over and
�y c across the following described parcel:
DESCR/P710N-G1Ff PARCEL
Y
A tract of land situate in Section 29, Township 9 South, Range 85 West of the 61h
d m Principal Meridian being more particularly described as follows:
cr m Beginning at a point whence the east 114 comer of Section 29 of said Township
�Iuand"Range bears N 57'582J' E JJ98.J2 feet,- thence S 112558' W 126.57 feet; thence
a Z MOW the north line of a previously described conservation easement the following courses:
mB N 861J006" W 60.42 feet, thence N 892527' W 4a98 feet; thence S 77'1658' W
�nj m 45.04 feet; thence S 7J'09'J7' W 122.59 feet; thence S 78'4722' W 21.75 feet; thence
S 75'11:JO" W J4.77 feet,• thence 5 5521 JO' W 52.55 feet; thence S 62'5J44' W
p 41.50 feet.• thence S 7J'55 J6" W 22.60 feet; thence N 38'04 OJ' W 21.46 feet,- thence
S 8J'5655' W 4a50 feet.• thence S 7J'19'66' W 19.7J feet; thence S 69S025' W
278.48 feet, thence S 69'10'4J' W 262.JI feet; thence S 65'0128' W 74.89 feet; thence
S 8J'J1 09" W 68.03 feet.• thence S 78'0022" W 2J.52 feet, thence leaving said north
hem line on a course bearing N 10'0901' E J1.20 feet; thence N 11'14 06" W 56.28 feet to
�a the south right of way line of Brush Creek Road,• thence along said south right of way line
the following courses: N 61 JJ 00' E 15J.64 feet; thence 221.88 feet along the arc,of a
curve to the right, having a radius of 1097.52 feet, a central angle of 11 JS 00" and
subtending a chord bearing N 67'20JO' E 221.50 feet; thence N 7J'0800' E 57J.12 feet;
thence 201.07 feet along the arc of a curve to the right, having a radius of 1090.92 feet,
a central angle of 10'J3 J8; and subtending a chord bearing N 7874 4916,200.79 feet,*
thence N 7920OJ" E 50.SJ feet; thence N 87'0722" E JO.J7 feet; thence
N 87755100 E 27.15 feet to the point of beginning, said parcel contains J.296 acres more
or less.