HomeMy WebLinkAboutbocc.res.139.2006
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL OF THE CROWN MOUNTAIN RANCH SPECIAL
REVIEW, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, GMQS EXEMPTION AND
SUBDIVISION EXEMPTION FOR LOT LINE ADJUSTMENTS
Resolution No.B9.-2006
RECITALS
1. Crown Mountain Ranch LLC and James P. Colombo ("Applicant") have applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") for approval to establish 4 residential building
envelopes on separate 35+ acre parcels, which does not legally constitute a subdivision within the
purview of the County's subdivision review authority. Two of the proposed envelopes contain existing
residences (Parcels 3 and 4), and one of those envelopes contains the other existing agricultural buildings
(Parcel 4). Two new residences are proposed on the east side ofSopris Creek Road (Parcels 1 and 2). A
portion of the property is proposed to be rezoned to Rural/Remote in order to obtain TORs. No
development is proposed on Parcels 5 and 6. The following approvals are requested and required:
A. Rezoning ofJ85 acres of the property to Rural/Remote;
B. 1041 Hazard Review and Conceptual Submission to establish building envelopes;
C. GMQS Exemption and Special Review to establish the parcels as TOR receiver sites (for initial
development rights on Parcels 1 and 2 and additional floor area on Parcel 4), each of which will be
limited to 5,750 square feet of floor area;
D. GMQS Exemption to replace the existing single family residence on Parcel 3 with a new residence of
up to 5,750 square feet of floor area (utilizing the fathering parcel right for the property);
E. GMQS Exemption for a deed restricted employee residence outside ofthe AH zone district on Parcel
4.
F. Lot Line Adjustments to reduce the size of Parcels 1,2,3 and 4 to minimize the division of irrigated
acreage from non-irrigated lands and to consolidate the steep slopes of Crown Mountain into a single
parcel.
2. The property is located on Sopris Creek Road with 44 acres on the east side of the road and 516 acres on
the west side of the road that extends up onto Crown Mountain. The property is bounded to the west,
southwest and east by BLM lands (Crown Mountain and Light Hill), small residential lots to the
southeast and residential/agricultural lands to the north. The property is described as Parcels 1-6, Crown
Mountain Ranch Subdivision Exemption, as recorded in Plat Book~ at Pages~.
3. The property contains a total of559.9 acres, and is zoned RS-30/PUO.
4. The Pitkin County Planning and Zoning Commission ("Commission") considered the proposed
application at a regularly scheduled meeting on September 5, 2006, and recommended approval by a vote
ofJ-O.
5. The BOCC considered this application at a duly noticed public hearings on October 25 and November
15,2006, at which times evidence and testimony wcre presented with respect to the application.
6. The BOCC finds that the proposed building envelopes are located on slopes ofless than 30%; avoid
geologic hazard areas and critical wildlife habitat areas and/or that the impacts can be mitigated; and that
the wildfire hazard is rated as low and can be mitigated.
7. The BOCC further finds that the development is consistent with the special review criteria for TDR
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receiver sites, and that the proposed development otherwise complies with the applicable provisions of
the Land Use Code ("Code").
8. The BOCC further finds that an extended vested right of20 years is appropriate because the proposed
development promotes the public benefit in a manner consistent with, and which promotes the policies
and requirements contained in, the Code.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the main
residence and the front gable barn on Parcel 4 to the Pitkin County Historic Inventory.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Crown Mountain
Ranch 1041 Hazard Review, Conceptual Submission, Special Review, GMQS Exemption and Subdivision
Exemption for Lot Line Adjustments, subjcct to the following conditions, which shall run with the land and
be binding on all successors in interest.
1. The Applicant shall adhere to all matcrial representations made in the application or in public meetings or
hearings and shall consider thosc represcntations to be conditions of approval, unless amended by other
conditions.
2. Prior to submission of any earthmoving, access, 1SDS or building permit applications, the Applicant
shall:
A. Be required to submit for approval by the County Attorney and Community Development 1041
Hazard Review Site Plans for Parcels 1-4 in accordance with Land Use Code Section 5-70-040,
which shall depict the building and access envelopes and a lot line adjustment plates) in accordance
with Land Use Code Section 5-60-40. The above referenced approvals shall be a condition
precedent to finalization and recordation. The Applicant shall amend the site plans and lot line
adjustment plats as follows, prior to submission for recordation:
1) Include a note on the site plan for Parcel 4 stating that new development must be located
outside of the 50' setback from Sopris Creek and that existing buildings within the setback
may only be remodeled, and that expansion or replacement could only occur outside of the
setback.
2) Reduce the size of Parcel 4 to approximately 12 acres.
3) Designate the public trail and parking easement on Parcell.
B. Be required to submit a covenant in a form acceptable to the County Attorney in which the
Applicant agrees to maintain the historic structures. The restoration of the structures shall
comply with the Secretary of the Interior's Standards for Rehabilitation to the satisfaction of the
County's Historic Preservation Ofticer.
C. Be required to submit a Development Agreement in a form acceptable to the County Attorney to
memorialize the extended vested rights.
3. Concurrent with recordation ofthc 1041 site plans and lot line adjustment plates), the Applicant shall
record the covenant for the preservation of the historic structures and the vested rights Development
Agreement.
4. Within 180 days of the date of this approval, the Applicant shall remove or render uninhabitable (does
not comply with the definition of"dwclling unit" in the Land Use Code) the illegal dwelling units on
Parcel 4.
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5. Within 12 months of the date ofthis approval, the Applicant shall demonstrate that the existing
underground fuel tank on Parcel 4 has been properly permitted by the State or has been properly
abandoned.
6. Prior to submission of an 1SDS permit for each parcel, the Applicant shall provide documentation of a
legal water supply and adequate quality and quantity of water to the Environmental Health Oepartment.
Wells must be located within the building envelopes.
7. Each of Parcels 1-4 shall be limited to a maximum of5,750 square feet of floor area. Each of Parcels 1-3
shall be eligible for 2,000 square feet of barn space exempt from growth management. Parcels 4 and 5
shall be eligible for a combined total of 15,000 square feet of barn space exempt from growth
management; existing barns do not count towards that total.
A. Prior to building permit application for a new residence on each of Parcels 1 and 2, the Applicant
shall submit one executed Irrevocable Certificate of TORs to allow up to 5,750 square feet of floor
area on each parcel exempt from growth management, and a copy of the deed evidencing
conveyance of the Certificate to the Applicant (if applicable). The Applicant may also compete in
growth management for a new development right for either parcel rather than utilizing a TDR, but in
no case shall the floor area exceed 5,750 square feet.
B. The existing residence on Parcel 3 may be replaced up to 5,750 square feet of floor area exempt from
growth management.
C. Prior to building permit application to relocate the residence from Parcel 3 to Parcel 4 as a deed
restricted employee residence or to build a new deed restricted employee residence on Parcel 4, the
Applicant shall submit one exccuted Irrevocable Certificate of TORs to accommodate relocation of
the residence or the construction of a new residence, and a copy ofthe deed evidencing conveyance
of the Certificate to the Applicant (if applicable). As the historic residence on Parcel 4 contains
approximately 1,625 square fect of floor area and the parcel is limited to a maximum of5,750 square
feet, the TDR will allow up to 4,125 square feet of additional floor area, of which approximately
2,025 square feet will be utilized for the relocated residence (if applicable) with the remaining 2,100
square feet available to add on to either residence on Parcel 0.. As an alternative to use of a TOR for
the new or relocated employee residence and additional floor area for the historic residence, the
Applicant may compete in growth management for a new development right.
8. Prior to issuance of a building pcrmit fllr the first residence on Parcell or 2, the Applicant shall work
with the Environmental Health & Natural Resources Oepartment and obtain their approval of a PM 1 0
mitigation plan that will fully mitigate or offset all PM I 0 increases expected to be caused by the
development of Parcels I and 2. Thc approved PMIO mitigation plan must be fully implemented
prior to issuance of a Certificatc of Occupancy for the new development.
9. Prior to building permit application for cach of Parcels I and 2, the Applicant shall:
A. Obtain detailed, site specific geotechnical investigations to develop design level recommendations
and construction criteria for excavation for access drives, utilities and foundations and f()r mitigation
of the debris flow hazard.
B. Submit an access permit to construct a driveway to connect to Sopris Creek Road. The driveways
shall comply with the County's driveway standards and the specifications of the Crown Mountain
Ranch Fire Protection Plan (attachcd as Exhibit A). The access permit shall be reviewed and
approved by the Planning Enginecr and Basalt Fire Marshal. The driveway shall be completed prior
to issuance of any building permits on each Parcels. The driveway to Parcell shall share an access
point off of Sopris Creek Road with the access to the trailhead parking area; the Applicant shall meet
with the Planning Engineer prior to submission of the access permit to identifY the safest location for
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the driveway to ensure adequate site distance. The driveway to Parcel 2, which crosses Sopris Creek,
shall be designed with a bridge to clear span the creek and any wetland or riparian areas, and to
accommodate a 100-year flood. A flood plain permit shall be required prior to construction of the
bridge.
10. Prior to building permit application for the relocation of the residence from Parcel 3 to Parcel 4, or at
building permit application for a building permit to construct a new deed restricted employee
residence or to remodel the historic house on Parcel 4. whichever occurs first, the Applicant shall
obtain an access/driveway permit to widen the existing road on Parcel 4 from Sopris Creek Road to
the historic residence to a 20 foot width as specified in the Crown Mountain Ranch Fire Protection
Plan, except that the bridge may remain at a 12' width. The improvements to the road shall be
completed prior to the relocation of the residence from Parcel 3 or commencement of work to
remodel the historic house, whichever occurs first.
11. Prior to issuance of a building permit to relocate the residence from Parcel 3 to Parcel 4 or to construct a
new residence on Parcel 4, thc Applicant shall be required to submit for approval by the County
Attorney, the Community Oevelopment Department and the Housing Oftice a deed restriction for the
relocated or new residence. The deed restriction shall ensure that the residence will be occupied by an
employee of Crown Mountain Ranch, who is a "qualified resident" as defined in the Housing Guidelines.
Occupants shall be required to qualifY with the Housing Oftice. The deed restriction shall ensure the
removal of the unit or that steps shall be taken to render the unit uninhabitable (does not comply with
the definition of "dwelling unit" in the Land Use Code), if the owner is found not to be in compliance
with the deed restriction.
12. Prior to issuance of building permits f(lr residences on each of Parcels 1 and 2, the replacement residence
on Parcel 3 and the relocated residence on Parcel 4, the Applicant shall:
A. Obtain a fireplace/wood stove pcrmit from the Community Oevelopment Department, if applicable.
B. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall demonstratc that surface water will be directed down, around and away from buildings
and off of slopes and road surfaces.
C. Provide a copy of the Residential Water Well Permit to the Environmental Health & Natural
Resources Oepartment for review and approval. Applicant must also provide sufficient
documentation to establish that each well: (1) meets setback requirements, (2) meets the County's
minimum requirements for an adequate water supply, and (3) meets the County's minimum
requirements for adequate water quality, prior to issuance of any Septic System Permit or
Building Permit.
O. Obtain a septic system permit from the Environmental Health & Natural Resources Department.
Advanced treatment technology is strongly recommended, given the proximity ofthe proposed
development to groundwater, Sopris Creek and irrigation ditches.
E. Pay the applicable road impact and affordable housing fees.
F. Submit a Fugitive Dust Control Plan for review and approval by the Environmental Health &
Natural Resources Oepartment.
13. If the Applicant is proposing to use the existing, permitted septic system on Parcel 4, a professional
engineer must conduct an evaluation to assess capacity, location and operation, prior to issuance of a
building permit to continue its use with a new, remodeled or relocated structure. If a new system(s) is
proposed on Parcel 4, the geotechnical evaluation shall be conducted during months of high runoff
and flood irrigation.
14. Prior to commencement of any earthmoving or construction activity. the Applicant shall stake the
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corners ofthe building envelopes and install construction fencing around the perimeter ofthe building
envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence. In addition, any required erosion control measures shall be in place prior to any
earthmoving.
15. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, septic system and well, shall
occur outside ofthe approved building or access envelopes, except to comply with the required wildfire
mitigation or for wildlife mitigation, subject to a plan approved by the Oivision of Wildlife. Utility and
driveway extension and maintenance shall occur within approved access or building envelopes.
16. Only plant species native to the site or listed in the Pitkin County Revegetation Guide shall be utilized to
revegetatc areas outside ofthe building envelopes that are disturbed by construction of access drives and
installation of utilities, subject to a revegetation plan approved by the Environmental Health and Natural
Resources Oepartment, prior to issuance of a Certificate of Occupancy. However, if agricultural areas
are disturbed, those areas may be planted with agricultural crops that are not included in the Revegetation
Guide.
17. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation.
18. Irrigation ditches that cross or are near building envelopes shall be obliterated, rerouted or lined to
prevent directing water towards buildings and wetting soils below foundations and floor slabs.
19. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the building envelopes, except for agricultural
crops.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
Verification of compliance shall be provided prior to issuance of a certificate of occupancy.
C. A void fruit-bearing trees and shrubs in any landscaping.
O. Oogs shall be prohibited on Parcels 1 and 2. Oogs shall be kenneled on Parcels 3 and 4, with the
exception of working ranch dogs. Contractors shall be prohibited from bringing dogs on-site on
all Parcels.
E. Existing fencing on Parcels 1 and 2 shall be removed.
F. All new fencing outsidc of the building envelopes shall comply with the following:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) Mesh fencing is prohibitcd.
G. Horse hay shall be fenced at the owner's expense with 8' game-proof fencing and other feed shall
be kept in bear-proof containers.
H. The trail shall be closed from Oecember 1 to April 30. The parking area for the trail shall be
gated, signed and locked during thc closure.
20. The Applicant shall comply with thc provisions of the Crown Mountain Ranch Fire Protection Plan,
which is attached as Exhibit A.
21. The Applicant shall comply with the following wildfire mitigation standards:
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A. Brush, debris and non-ornamental vegetation shall be removed within a minimum 10' perimeter
around all structures.
B. No new conifers shall be planted within 15' of all structures.
C. For a distance ofJO feet around all structures, mow grasses to less than 6" during the summer and
fall. Grasses shall also be mowed to less than 6" within 10' either side of driveways.
O. No branches shall be within 15' of chimneys.
E. The property owner shall be responsible for the continued maintenance of the defensible space
requirements.
F. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited in all wildfire hazard areas. Roofs with less than a 3: 12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code and shall have a minimum
slope of 1 :48.
5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
G. Vents shall be screened with corrosive resistant wire mesh with mesh y., inch maximum.
H. Roofs and gutters shall be kept clear of debris.
1. Yards shall be kept clear of all litter, slash, and flammable debris.
J. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of
15 feet away from any structure.
K. Swimming pools or ponds shall be accessible to Fire Oepartment vehicles.
L. Fences shall be kept clear of brush and debris.
M. Wood fences shall not connect to the structure.
N. Fuel tanks shall be installed underground with an approved container.
O. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive
construction on the exterior side of the walls.
P. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
Q. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
R. New utility lines shall be buried within roadways.
22. All areas disturbed by construction must be revegetated with an approved native grass mix within one
growing season following conclusion of construction on a lot.
23. The Applicant shall comply with (hc County's Noxious Weed Management Plan.
24. Any development located within setbacks shall require a variance from the Board of Adjustment.
This approval does not assure approval of the variance.
25. Agricultural Property Tax Classification - Uses.
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A. Parcels 1, 2 and 3: The primary purpose of ownership and use of Parcels 1, 2 and 3 of Crown
Mountain Ranch is for residential purposes. All improvements and uses oflands within Parcels 1,2
and 3 are associated with residential use of the property. Any activities occurring on the property, or
uses of the property that would cause the properties to be classified as agricultural lands pursuant to
Title 39, Colorado Revised Statutes, are prohibited as of the date of issuance ofa building permit for
the residence on each parcel.
B. Parcels 4,5 and 6: The primary purpose of ownership and use of Parcels 4, 5 and 6 of Crown
Mountain Ranch is for agricultural or open space purposes. All improvements and uses of lands
within Parcels 4, 5 and 6 are associated with agricultural or open space uses ofthe property. Any
activities occurring on the propcrty, or uses of the property that would cause the properties to be
classified as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are permitted, as long
as Parcels 4, 5 and 6 are held in the same ownership. If Parcel 4 is ever owned separately from
Parcels 5 and 6, then any activities occurring on Parcel 4, or uses of Parcel 4 that would cause the
property to be classified as agricultural lands pursuant to Title 39, Colorado Revised Statutes, are
prohibited.
C. Nothing in this Resolution shall prcvent the Applicant from applying for a lot line adjustment in the
future in order to merge Parcels 5 and 6 with the agricultural property immediately north of and
contiguous to Parcel 5.
26. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
27. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on
November 15, 2026.
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Table of Contents
Introduction
Project Description & Land Use
Scope and Purpose
1041 Hazard Review
Building Construction
Access Roadways
Water Supply
Additional Considerations
Appendixes:
1041 Review Report
Crown Mountain Ranch Site Plans
Crown Mountain Ranch FPP
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
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The Crown Mountain Ranch Fire Protection Plan is hereby created as defined in this
document. It is based on the guidelines set forth in the International Building Code and
the Infernational Fire Code 2003 and other nafiottally recognized standards. It has been
developed in cooperation with the Basalt & Rural Fire Protection Disfricf and various
consultants hired by Crown Mountain Ranch.
INTRODUCTION:
This plan is designed to provide basic standards for response fo emergencies occurring on
the Crown Mountain Ranch including buf not limited to strucfural fires, wildland fires,
and emergency medical. Included in the plan are wildfire mitigation guidelines both for
the road design and construction as well as defining standards for the individual lots. The
intenfion is to gain a plan which, when initiated, will improve the safety and well being
for both the residents of the Crown Mountain Ranch as well as the emergency
responders.
Mitigation efforts are dynamic and require continual monitoring and modification to take
advantage of changing conditions and any new processes, It is imperative that
communication with both the Crown Mountain Ranch and the Basalt & Rural Fire
Protection District be on going. The Basalt and Rural Fire Profection District is the
authority having jurisdiction for emergency response to the Crown Mountain Ranch as
well as the Pitkin County Sheriff.
Crown Mountain Ranch FPP
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PROJECT DESCRIPTION / LAND USE:
Crown Mountain Ranch is a 559.90-acre parcel approximafely three miles from Basalt on
Sopris Creek Road. Sopris Creek Road splits the parcel info one 44 and one 516-acre
parcel. Crown Mountain Ranch, LLC, owns the Crown Mountain Ranch, and Crown
Mountain Ranch, LLC, has applied for development approval from Pitkin County. This
fire protection plan is a requirement of and part of fhe development applicafion.
The Crown Mountain Ranch property has historically been utilized as a working ranch
with irrigated pasfures. It is the intenf of the owner fo divide the ranch into four separate
parcels, and fo place approximately 535 acres of the ranch into a conservation easement
and thereby eliminate any further development.
Three parcels on the property are intended to be sold on which new homes and out
buildings will be constructed. These are referenced below as Parcels 1,2 and 3. The
fourth parcel ("Parcel 4") has an existing home and associated out buildings. An
additional home will be moved from Parcel 3 to Parcel 4. Future construction of a new
residence of up to 5,750 square feef is also anticipated for Parcel 4,
This Crown Mountain Ranch Fire Protection Plan addresses long-ternl fire and safety
improvements for the benefit of both residents' and emergency responders. The Basalf &
Rural Fire Protection District assisted in developing this plan, and will monitor its
provisions and phased implementation as the individual home sites are developed.
Crown Mountain Ranch FPP
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SCOPE AND PURPOSE:
This Fire Protection Plan establishes actions for the safeguarding oflife and property
from the hazards of fire consistent with the practices of the Basalt & Rural Fire
Protection District. It is the intenfion to a reasonable degree to define a plan that is
cohesive with nationally recognized guidelines and good practice, while taking into
consideration existing constraints and limifed future development.
It is undersfood that the provisions of this plan does not obligate the Basalt & Rural Fire
Protection District to act beyond their established operational guidelines for the response
to fire and medical emergencies. Emergency situations are always different and need to
be evaluafed on an individual basis as to the proper response. This may include the
decision to initially "not respond".
The Basalt and Rural Fire Protection Districf has adopted the 2003 International Fire
Code and also utilizes other national standards as reference for the review of
developmenfs in their jurisdiction. Compliance with the intent of the code with regard to
response time, water supply, access, and approved automatic sprinkler sysfems where
applicable is the goal of this document.
It is the purpose ofthis Fire Protection Plan to reduce the burden and impacts the Crown
Mountain Ranch homes may create on the emergency response system. It is further
understood that this plan is being required per section 405 of the Wildland Urban
Interface Code and is based upon site-specific risk assessments.
Crown Mountain Ranch FPP
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1041 WILDFIRE HAZARD REVIEW:
In April 01'2006 Eric Petterson frorn Rocky Mountain Ecological Services. Inc.
performed a review of the Crown Mountain Ranch with regard to wildfire mitigation and
the development of requirements and recommendations for modification.
It was determined at that time the building envelopes proposed were in the "Low" hazard
class due to vegetation and topography. Mr. Petterson went on to idenfify and develop
specific guidelines for mitigation and consfruction standards.
The Basalt & Rural Fire Protection District has reviewed this report and has found it to be
acceptable to them. This report is attached as Appendix A. and is considered a part of this
Fire Protection Plan.
Individual single family residences shall follow the guidelines established and shall be
subject to preliminary plan review for construction details at the time of submittal for
building permits. Individual home sites shall also be inspected by the Fire Department
prior to construction for compliance to the recommendations for fuels mitigafion.
Upon reasonable advance notitication periodic inspecfions by the Fire Department may
be conducted to assure continued maintenance of required fuels mitigation and
compliance with this plan.
Crown Mountain Ranch FPP
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BUILDINGS: CONSTRUCTION, SIZE, USE, & PROTECTION SYSTEMS.
Personal residences shall follow guidelines esfablished in the attached 1041 Wildfire
Hazard Review for type of building materials and ratings. Residences shall not exceed
5,750 square feet ofliving space. An approved automatic sprinkler system is required for
residences in excess of 5,000 sq. ft. A water tank is required for each residence on Parcels
1,2 and 3, and the minimum water tank size is 5,000 gallons.
Upon submittal of building plans for personal residences subsequent details will also be
submitted outlining design criferia for the sprinkler system, including but not limited to
system components and water supply.
Out buildings size is limited by the conservation easement to 2,000 square feet per parcel,
which will run perpetually with the property. Smaller shed like structures and related
agricultural buildings that are less fhan 2,000 sq. ft. will need to be evaluated with regard
to location and size to defermine if additional water supply is needed. Power to these
structures is acceptable with the fire department due fa the limited size.
Residential accessory outbuildings shall not exceed 2,000 square feet collectively on each
of Parcels 1,2 & 3. Agricultural buildings, which are included within the definition of
residential accessory oufbuildings, shall also follow the guidelines specified in the
attached 1041 Wildfire Hazard Review with regard to fuels mitigation. Agricultural
buildings will be consfrucfed of metal or materials meeting the guidelines of the 1041
Wildfire Hazard Review and or applicable codes. Approved aufomatic sprinkler systems
will not be required for agricultural buildings under 2,000 square feet.
. For purposes of defining agricultural buildings the following definitionfi'om the
2003 International Building Code shall appZv. "A strueture designed and
constructed to house farm implements. hay. grain. poultry. livestock or other
horticultural products. This structure shall not be a place of human habitation or
a place of employment where agricultural products are processed. treated or
packaged. nor shall it be a place used by the public ".
In the event agricultural buildings or other accessory buildings on parcel 4 exceed the
2000 square feet or their intended use is different than stated above, plans and
specification details will be submitted for review by the aufhorities having jurisdiction,
for compliance with applicable codes.
Crown Mountain Ranch FPP
Page 7
12/01106
)3
ACCESS ROADWAYS:
1111111111111111111I11 ~;~~~!0~f 0~2 261
JANICE K VOS CRUDILL PITKIN COUNTY CO R 0,00 0 0.00
Crown Mountain Ranch, LLC, in their application requesfs approval of 4 parcels and
associated home sites. Two ofthe parcels have existing structures and access roadways or
driveways. Specific access requirements are as follows:
Parcels I & 2
Access to these parcels will be accomplished by a driveway a minimum of 16 feet wide,
with an all weather surface capable of 60,000 lb loads. Approved furn arounds at each
home sife and access to water supply and hookups will be provided.
Pullouts meeting fire department specification will be provided every 500 + - feet.
Grades for fhe driveway shall be kept below 10 percent. There may be instances where it
will be necessary to exceed this limif due fo topography. At such time during the
engineering of the driveway if it becomes apparent the 10 percent grade will need to be
exceeded, the fire departmenf shall be notified for input into the design criteria.
All pullouts and furnarounds are subject to field verification and approval by the Basalt &
Rural Fire Protection Disfrict prior to acfual construcfion.
Parcel 3
The existing home on this parcel will be moved to Parcel 4. It is likely that a new home
will be constructed in a similar location, however the exact location is nof known at fhis
time. Prior fo issuance of a building permit for the new home on parcel 3 the site will
need to be reviewed by the fire department for the location of approved turn around and
or pull outs required.
Parcel 4
The access road from Sopris Creek Road into Parcel 4 will be improved and maintained
af a minimum of20 feet wide, with one "pinch point" being at the bridge. This access
roadway will continue to the existing ranch house. The home on Parcel 3 (referenced
below as the "Parcel 3 Home") will be moved to the vicinity of these buildings. The
existing buildings including the Parcel 3 Home will not require additional water supply or
sprinklers. These structures would be within 300 feet of Sopris Creek Road and, due to
the proximity of the fire station and response fime fo this location, the fire departmenf
feels the intent of the code has been met and that no additional water supply or sprinklers
will be required for the existing strucfures and the Parcel 3 Home.
Approved pull outs will be installed on each side of the bridge so traffic flow will not be
impeded and at such time new construction is anticipated the bridge will need to be rated
by a professional engineer to confirm ability to sustain loads of 60,000 pounds or more.
Where the new home and ufility buildings are ulfimate1y located will determine ",here
and if additional turn around and pullouts may be required. This will need to be
Crown Mountain Ranch FPP
Page 8
12/01/06
N
determined prior to construction. The owner or his representatives will coordinate with
the authorities having jurisdiction on these issues.
1111111111111111111111 ~;~~~~!0~f 0~2 261
JFlNICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
Crown Mountain Ranch FPP
Page 9
12/01/06
/5'
WATER SUPPLY:
1111111111111111111111 ~~~~~;:0~f 0~~ 261
J~NICE K vas CI=IUDI\..L PITKIN COUNTY CO R 0.00 0 0.00
An approved automatic sprinkler system is required for residences in excess of 5,000 sq.
ft. A minimum water tank size of 5,000 gallons will be provided on each parcel. The
current maximum residence size is 5,750 square feet. Note: if a residence is allowed to be
larger than 5,750 square feet, additional water supply will be required.
Existing strucfures will not require any sprinklers unless there is any significant
remodeling. The building official would determine what constitutes "significant". Water
supply for existing strucfures will nof be required until such time there is significanf
changes.
When the house is moved from Parcel 3 to the new site on parcel 4 the Pitkin County
Land Use Code may require new wiring, plumbing, or other revisions, as determined by
the Pitkin County building official. If this home is moved onto Parcel 4 and placed
within 300 feet offhe fire department access road (Sopris Creek Rd.) the Fire Department
will not require retroactive sprinklers or water supply for this strucfure.
Crown Mountain Ranch FPP
Page 10
12/01/06
/c,
ADDITIONAL CONSIDERATIONS:
Phasing of improvements will be important as this plan progresses. Initially Crown
Mountain Ranch agrees to widen the road to fwenty feet for Parcel 4 on fhe Ranch.
The tIre department shall be consulted and inspection of the proposed improvements
coordinated prior to actual development.
All other roadways, when installed will also be coordinated with the fire department per
this plan. Any modifications will be documented and agreed to by the signers of this
agreement. No certificate of occupancy will be issued prior to the required access and
water supplies being installed and approved by the fire department
!1'JlJl'mll'~! ::~:~~~:.::u
Crown Mountain Ranch FPP
Page 11
12/01/06
/1
532097
Page: 18 of 22
o 0.00
The above Fire Profection Plan developed for the Crown Mountain Ranch is hereby
understood and agreed to by the authorized signatures below. This plan may be altered
periodically and any changes will be documented and agreed to in writing by the signing
parties.
Cro
Title: Owner
Crown Mountain Ranch FPP
Page 12
12/01/06
/'t
Resolution No';3i-2006
Page 8
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
24th day of September, 2006.
APPROVED AND ADOPTED on the 15th day of November, 2006.
PUBLISHED AFTER ADOPTION FOfl VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weeklv on the J'L'hay of K lu.,,,, &2006.
A TIE$)':
,..1"
BOARO OF COUNTY COMMISSIONERS,
::[~N COUNTY'~ "
~.;,~~
i
APPROVED AS TO Cof.JTENT:
APPROVEO AS TO FORM:
c?i~CU JULft
Community Oevelopment Oirector
PI 16-06; PID #246514300007
It(
CROWN MOUNTAIN RANCH
FIRE PROTECTION PLAN
Prepared in conjunction with the Basalt & Rural Fire Protection District,
The Land Studio Inc., Mason and Associates Consulting,
and Ken Ransford, P.c.
!}t
-',_~!~~'--~2- NOR~
SCALE: 1 "- 300'
1111111111111111111111 ~;~~~~~0~f 0~2 26
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
EXHIBIT B to the CROWN MOUNTAIN RANCH CONSERVATION EASEMENT
CROWN MOUNTAIN RANCH FEATURES DEPICTING
PARCELS and BUILDING and ACCESS ENVELOPES
///
/ Overhead Utility Easement
(Book 466, Page 412)
/...Angle poin, t No.4
nn~/ of Tract 69
Debris Flow Mitigation Envelope
;1
Angle Point
t N:::.!... of Tract 69
Angle Point
No.4 of Tract 68 .
1------- .
I Access Utility an .
I Landscape Envelope I" >--:
L ---rr'
----- \ ",
_______J \. "
I \ 9 //y------
II /
~\---------...,
...."'~,, //1 I
-1__--t7 I I
II -~ceI2-1
I 23. 588:t Acres I I
I "RS-30 Zone I I
District" I
Building I I I
Building
Envelope 1 I I I
~~3A=- hL~~~J .~
,,/ \. / I {:::-J ',~
'---' ", .................... l-,- -
- ...... ~.....-
J.- - -~ _~'- '('-
---------
~Angle Point No.5
~/ of Tract 73
Parcel 1
16. 68l:t Acres ~
"RS-30 Zone District" ~
A
/.
,&
Underground Fuel
Tank to be Removed-"
Access Utility and
Landscape Envelope
,
"- Access Utility and"
Landscape Envelope .
i
,
II
I
!
i
i
II
/1.-30' Right-of-Way Easement
I Book 116, Page 115
I'
'\n
\
Sopris -'
Creek Road
----
"
\
, ,
: I
~=-......... I
/:r- ......~
60' Right-of-Way for ,i / //:,.!, . .
County Road - ~/ <...JJ I
(Book 116, Page 115) _--- --~, I
_--- ~ I
--- ............ ....., I
,,-- - Parcel 3 '" \. I
/ 8.031 Acres:t >(\. I
/ "RS-30 Zone ./ '\ "'-__--1
// District" // "
Building Envelope 4 - . ~ Building./ '\.
7.232 Acre , Envelope 3 '\
" 4.006 Acre
~ "
I
Parcel 5 I
113.203:t Acres I
"RS-30 Zone District"
I
a
a
o
IT "
i II\.o2J~ '
I
Angle Point No.3
of Tract 68
'1
Parcel 4
12. 588:t Acres
"RS-30 Zone District" \
\,
Parcel 6
385. 763:t Acres
"Rural/Remote Zone District"
(Rezoned by Pitkin County
Ordinance 015-2006)
NOTE. THIS PARCEL IS SUBJECT TO RESERVATIONS, RESTRICTIONS,
COVENANTS AND EASEMENTS OF RECORD OR IN PLACE.
~
,
co
I-
CO
I
><
W
filL I"XHIBITB
nf-T ,,:~
rK MJ"
DATE 1"1)1,''"
PROJECT1,O
05134-01
SHEIo"1 ~
OF ::
~(
111111111111111I 1111 II
532097
JANICE K vas CRUDILL PITKIN COUNTY CO R
Page: 22 of 22
12/12/200601:26
0.00 D 0.00
EXHIBIT B to the CROWN MOUNTAIN RANCH CONSERVATION EASEMENT
CROWN MOUNTAIN RANCH FEATURES DEPICTING
PARCELS and BUILDING and ACCESS ENVELOPES
I Angle Point No. 1 I Angle Point No.2
of Tract 66 & of Tract 69 &
L Angle 4 of Tract 67 Angle Point No. 7
Angle Point No.2 alTraet 66 An Aluminum Ca~ in Place -----1 a/Tract 67
r-----'"". --p~rcel~"----- -- b'ngated Agri=/turol Land
. \ (cross-hatched areal
I \ 113.203IAcres - ___
I . \-.:~30 Zone District" ~ -" '
---"'- ~- " ~~~:,
,,'" SEE
. '---- _ _ ~ \ DETAIL
Angle Point No.3 I
of Tract 68 ~
\
z
Angle Point
NO.4 of Tract
68
\ Angle Point
NO.1 afTract
69
Angle Point NO.2
aITract 71
Angle Point NO.1
afTract 71
--------- ~
Angle Point
No. 4
of Tract 70 &
Angle Point
No. 4
afTract 71
Parcel 6
385. 763I Acres
"Rural! Remote Zone District"
(Rezoned by Pitkin County Angle Point
Ordinance 015-2006) No.1 _
, afTract /2 _ Angle Point
10--- - - - -+--i ""'N~ 7
I Angle Point _1~ n_"_-,- (~act 70
I No.6 _ Angle Point (~" --
r oj-Tract 10 No.3 of Tract I
69. An /
Aluminum 30' Right-of-Way-'
Easement
I Cap in Place Book 116, Page 115
I
-- --1Angle Point
No. 5
of Tract 70,
An Aluminum
Cap
LS No. 25947
in Place
60' Right-of-Way for
County Road
(Book 116. Page liS)
\
\
Debris Flow
Mitigation
Area
Crown Mountain Ranch, LLC.
(Parcel C) Overall 559.900IAcres
..~
I
Angle Point J
NO.5
of Tract 73
n~i
Angle Point
No.4
of Tract 69
ea
I-
ea
I
><
W
Angle Point
No. 3
of Tract 71
1
(
~.
i
SCALE: l"~ 800'
,Illo EXHIBITH
DI'T sell
CK ~Il
D.UE, L~,1)I""
I'ROJEl,:T:-IO
05134-01
NOTE. THIS PARCEL IS SUBJECT TO RESERVATIONS, RESTRICTIONS,
COVENANTS AND EASEMENTS OF RECORD OR IN PLACE.
~H"'H I
Ufo
~?-
1111111111111111111111 ~;~~~~;! ~I :341
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
DEVELOPMENT AGREEMENT
CROWN MOUNTAIN RANCH, LLC,
THIS DEVELOPMENT AGREEMENT, ("Agreement") is made and entered into on
\~ . f ~ - D'-o between the Crown Mountain Ranch, LLC, ( "Owner") and the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, acting for the County of Pitkin,
State of Colorado, as a body politic and corporate, directly or through its authorized representatives and
agents ("BOCC").
WHEREAS, Owner is the owner and developer of a property and a development to be
commonly known as Crown Mountain Ranch ("Development");
WHEREAS, the Development is described in the Pitkin County Board of County
Commissioners Resolution # i~2006, recorded at Reception Number <;<,) () It]
WHEREAS, as a condition of approval of the development plan by the BOCC, Owner wishes to
enter into this Agreement with the BOCC;
NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained herein,
the parties agree as follows:
Statutory vested rights for the approval are granted pursuant to the Pitkin County Land Use Code
and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, S 2-20-
170(c) and C.R.S., S 24-68'-105, and approval by the BOCC of Resolution No.\3Q-2006 constitutes
approval of a site specific development permit within the meaning of said provisions. The statutory
vested rights approved in the Resolution No./3DI-2006 shall expire on November 15, 2026.
Owner:
as Clark, Manager, Crown Mountain Ranch, LLC
STATE OF COLORADO
COUNTY OF Q ~~ r
)
) ss
)
Clark,. Manager, Crown MOrain Ranch, L
expires -:z,.. \ \ , ~ ~
Subscribed and sworn to and acknowledged before me on R -Id - 0 6.
ss my hand and official seal.
KEUlBURBA~CH
NOTARY rCELIC
STAn' OF C010RADO
MY COMMISSION EXPIRES: MARCH 11, 2008
by J. Thomas
My commission
~
Notary Public
I
, Deleted:,
Agreement.
C:\Documents and Settings\lancec\Local SeninQ.'s\Temoorarv Internet FiJes\OLK16\Dev A2:reement.doc
BOCC:
Board of County Commissioners, Pitkin County, Colorado
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of
approval ofBOCCResolution # /,}'C; -2006, recorded at Reception -S-3:JrJo/' 7.
A
BOARD OF COUNTY COMMISSIONERS
::TKJ?d2?~
to the Board'
I Z~ 11-45
Date:
1111111111111111111111 ~;~~~~;! ~I: 341
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
C:\Documents and Settings\lancec\Local SettingS\Tc~porarv Internet Files\OLKI6\Dev Agreement.doc...
. Deleted:,
Agreement.
III 11\\\11 11I111 11\ I 11\ 11111\ III ~;~~~i~;l;~ : 36
JANICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
DEED OF CONSERVATION EASEMENT
(Crown Mountain Ranch- Pitkin County)
THIS DOCUMENT CONTAINS IN PARAGRAPHS 3.1 AND 12.1 NOTICE AND PAYMENT
PROVISIONS UPON TRANSFER OF ALL OR ANY PART OF THE REAL PROPERTY
DESCRIBED HEREIN.
NOTICE: THE "BOTTOMLANDS" OF THIS PROPERTY HAVE BEEN ACQUIRED IN
PART WITH A GRANT ("GRANT") FROM THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND ("GO CO"). THIS DEED OF CONSERVATION
EASEMENT CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE
PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER
CONSERV A TION VALUES. GOCO HAS FOUND THAT THIS DEED OF
CONSERV A TION EASEMENT PROVIDES BENEFITS THAT ARE IN THE PUBLIC
INTEREST.
This DEED OF CONSERVATION EASEMENT (this "Easement") is granted this
~ day of DE('E:J-<&R, 2006, by CROWN MOUNTAIN RANCH, LLC, a Colorado
limited liability company, owner of Parcels 1,2,4,5, and 6 depicted on Exhibit B, by its
manager J. THOMAS CLARK, having an address of 100 Elk Run Drive, Suite 215, Basalt, CO
81621, and JAMES P. COLOMBO, 0300 Horse Shoe Drive, Basalt, CO 81621,owner of
Parcel 3 depicted on Exhibit B (collectively "Grantor"), to the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, Colorado, a body corporate and politic, 530 E.
Main St., Ste 301, Aspen, Colorado 81611 (the "County"), and the ASPEN VALLEY LAND
TRUST, having an address of 320 E. Main St. Suite 204, Carbondale, CO 81623 ("A VL T"), and
their successors and assigns (collectively the County and A VL T are referred to as the "Grantee";
individually, the County and A VL T are referred to as "Co-Holders"). Crown Mountain Ranch,
LLC, and James P. Colombo respectively warrant and grant this Easement only with respect to
the Parcels of the Property which they separately own. Grantor and Grantee are sometimes
collectively referred to in this Easement as the "Parties" and individually as the "Party."
The following exhibits are attached hereto:
Exhibit A
Exhibit B
Legal Description of Crown Mountain Ranch
Map of Crown Mountain Ranch Features Depicting Parcels and
Building and Access Envelopes
Description of Water Rights
Definition of Floor Area
Agricultural Practices
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acknowledgement of Baseline Documentation
RECITALS:
Page I
\ III 1\1I \ II \ 11111111\\\11 \ 111111 ~;~~~~~;1;~ : 36'
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
A) Grantor is the sole owner in fee simple of certain real property in Pitkin County,
Colorado, containing 560 acres, more or less, more particularly described in Exhibit A
and depicted in Exhibit B attached hereto and incorporated by this reference (the
"Property"). The portion of the Property which is to be conserved is divided into two
main areas, those being the "Bottomlands", which encompasses 175 acres, more or less of
the north part of the Property, as described as Parcels 1-5 in Exhibit B, and the 385 acre
"uplands", as described as Parcel 6 in Exhibit B, which has been rezoned "Rural and
Remote" and from which Transferable Development Rights ("TDRs") have been severed.
The portion of this Deed of Conservation Easement that is on the Bottomlands has been
funded in part by a grant from the Great Outdoors Colorado Trust Fund.
B) The Property possesses natural, scenic, open space, wildlife, wildlife habitat, agricultural,
rural, aesthetic, visual, recreational, ecological and environmental values (collectively, the
"Conservation Values" hereinafter described) of great importance to Grantor, Grantee,
the people of Pitkin County, the people of the State of Colorado, and the people of the
United States, which are worthy of protection in perpetuity. Grantor and Grantee
recognize that development of the Property in excess of what is allowed by this
Easement, which development may be permitted by the provisions of the Land Use Code
of Pitkin County, Colorado currently applicable to the Property, would have an adverse
impact on, and greatly impair, the Conservation Values.
C) In particular, the Property possesses at least the following Conservation Values:
I) Scenic Values. The Property historically has been operated as a cattle ranch and
has an irrigated hay meadow. It is an integral ranch in the historic Colorado
ranching community of Emma. Sopris Creek runs through the Property. The
Property is just north and east of scenic Mount Sopris and the White River
National Forest and the Maroon Bells - Snowmass Wilderness Area. The
property is visible to automobiles along Sopris Creek Road, and it is also visible
from the residential area known as Missouri Heights to the north, and visible from
"Nancy's Path", a nearby public trail. Preservation of the Property by this
Easement will protect these publicly significant scenic views of the Property.
2) Wildlife Habitat Values. The Property and immediate vicinity, including the
White River National Forest and the Maroon Bells - Snowmass Wilderness Area,
is home to a diversity of species of wildlife including elk, deer, bear, mountain
lion, marmot, badger. coyote and fox, together with a wide variety of other
mammals, birds, raptors, and reptiles and amphibians. Most of the Property
consists of the bottom '"toe" of Crown Mountain, which is undeveloped and
naturally forested. This part of the Property borders undeveloped land that is
managed by the Federal Bureau of Land Management, and it provides habitat for
the species described above. As noted above the Property is in the vicinity of the
White River National Forest, and the Maroon Bells - Snowmass Wilderness Area
and, together with these lands, provides a large area of relatively natural habitat.
Preservation of the Property by this Easement will preserve this significant,
relatively natural habitat.
Page 2
11111111111111111111 II ~~7~/~~;1:~ : 36
JANICE K VQS CRUD ILL PITKIN COUNTY CO R 0.00 0 0.00
3) Open-SDace Values. The Property is currently used as a cattle ranch for cows,
calves, and yearlings, and horses. The current agricultural use of the Property and
its current improvements are consistent with the Conservation Purposes of this
Easement, defined in Paragraph I below. Preservation of the Property by this
Easement is pursuant to clearly delineated governmental policies to preserve the
current rural and agricultural character of the Capitol and Snowmass Creek
Valleys, and the lands adjacent to the Maroon Bells - Snowmass Wilderness Area.
The purchase of this Easement by Grantee is evidence of the importance of such
policies to the County. Preservation of the Property by this Easement will protect
these publicly significant open-space values of the Property.
D) The Parties acknowledge that the Conservation Values are further documented in an
inventory of the current condition, and relevant features of the Property (the "Baseline
Documentation"). A copy of the Baseline Documentation signed by both Parties is kept
on file at the offices of Grantor and Grantee and by this reference made a part hereof.
The Baseline Documentation consists of reports, maps, photographs, and other
documentation that the Parties agree provide, collectively, an accurate representation of
the condition of the Property as of the date of signing, which is intended to serve as an
objective information baseline for monitoring compliance with the terms of this
Easement. Both Parties have acknowledged in a signed statement, a copy of which is
attached hereto as Exhibit G, that the Baseline Documentation accurately represents the
condition of the Property. However, in the event of a dispute over the current condition
of the Property neither Party shall be precluded from providing other relevant evidence of
such condition. The Baseline Documentation covers the entire Crown Mountain Ranch
of 560 acres.
E) Grantor intends that the Conservation Values be preserved and maintained by the
continuation of the relatively undeveloped condition of the Property existing at the time
of this grant, except as provided herein. To that end, the Parties have agreed to the
purchase and sale of this Easement. If the sales price is less than the current fair market
value of the Easement, the difference may be a charitable contribution and bargain sale,
within the meaning of sections 170 and 10 II of the Code.
F) The County is a government entity and the A VL T is a tax-exempt nonprofit organization,
qualified under Sections 501(c)(3) and 170(h) of the Code. The A VL T's primary purpose
is the preservation, protection, or enhancement of land in its natural, scenic, historical,
agricultural, forested, and/or open space condition. Grantee agrees by accepting this grant
to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity
the Conservation Values for the benefit of this and future generations.
G) A VL T is also a charitable organization as required under C.R.S. SS 38-30.5-101 et seq.,
which provides for conservation easements to maintain land and water in a natural, scenic
or open condition, for wildlife habitat, or for agricultural and other uses or conditions
consistent with the protection of open land in Colorado.
H) The voters of the State of Colorado by adoption of Amendment XXVII to the
Page 3
III 1111 11\\1 11\\ \111\\ III 111\ 1111 11\ \11 ~;~~~~~;1;~ : 361
J~NICE K vas CAUDILL PlTK1N COUNTY co R 0.00 0 0.00
Constitution of the State of Colorado, the legislature of the State of Colorado by adoption
of enabling legislation, and the State Board of the Great Outdoors Colorado Trust Fund (
GOCO), by adopting and administering competitive grants application and rigorous due
diligence review processes, have established that it is the policy of the State of Colorado
and its people to preserve, protect, enhance and manage the state's wildlife, park, river,
trail and open space heritage, to protect critical wildlife habitats through the acquisition of
lands, leases or easements, and to acquire and manage unique open space and natural
areas of statewide significance.
I) Grantor intends to convey a conservation easement to Grantee on the Property delineated
on Exhibit B.
NOW, THEREFORE, in consideration of the Recitals, and the mutual covenants, terms,
conditions, and restrictions contained herein; pursuant to the laws of the State of Colorado, and
in particular C.R.S. Sections 38-30.5-101 et seq.; and in consideration of the purchase price paid
by Grantee to Grantor, Grantor hereby voluntarily grants, gives, and conveys to Grantee this
Easement in gross in perpetuity over the Property, of the nature and character and to the extent
hereinafter set forth.
1. Conservation Purposes. The "Conservation Purposes" of this Easement are (i) to
preserve the Conservation Values and other significant conservation interests in perpetuity, and
(ii) to restrict the use of the Property to those uses that are consistent with such values and
interests and do not substantially diminish or impair the Conservation Values.
2. Affirmative Rights of Grantee. To accomplish the Conservation Purposes the
following rights are conveyed to Grantee by this Easement:
2.1 To preserve and protect the Conservation Values.
2.2 To enter upon the Property at reasonable times and upon prior written notice, in order to
monitor Grantor's compliance with the terms of this Easement (the Parties acknowledge that
Grantee will visit the Property to monitor compliance with the terms ofthis Easement on an
annual basis, and that additional monitoring will not occur unless Grantee has reasonable
grounds for concern regarding enforcement ofthe terms of this Easement); and with the
permission of Grantor, to observe, study and make educational and scientific observations on the
Property; provided, however, that any such right of entry shall not unreasonably interfere with
Grantor's use and quiet enjoyment of the Property consistent with this Easement; and, subject to
Paragraph 6 hereof, to enter upon the Property, upon forty eight (48) hours prior notice to
Grantor, in order to enforce the terms of this Easement.
2.3 No notice to Grantor shall be required if Grantee determines that immediate entry is
essential to prevent, or mitigate, a violation of this Easement that could substantially impair the
Conservation Values, or if the then owner of the Property has not provided the Grantee with an
address to which such notice can be provided; provided that Grantee provides notice as soon as
possible describing the reason for such entry, and provided that Grantee's actions are no more
than necessary to prevent or mitigate such violation.
Page 4
\ 11111\\\ II III II \11111\ 111\ II 1111\ 1\\1 III ~;~~~;~;b~ : 361
Jf:lNICE K vas CAUDILL PITKIN COUNTY CO R 0.00 D 0,
2.4 To enjoin or prevent any activity on or use of the Property that is inconsistent with the
Conservation Purposes, and to require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use, as provided in Paragraph 6.
2.5 To recommend enhancement measures for the Property or measures which would
enhance the wildlife habitat, stream, wetlands or riparian viability or other natural features of the
Property, and to enter upon the Property with Grantor's written permission to perform such
enhancement at Grantee's own expense at times which will not unreasonably interfere with
Grantor's use of the Property.
2.6 To require the restoration of such areas or features of the Property that may be damaged
by any use that is inconsistent with the Conservation Purposes.
3. Permitted and Prohibited Uses. The Property shall be used only for conservation,
wildlife habitat, agricultural, non-motorized recreational uses, limited residential uses, or other
uses which are permitted herein, provided however that use of motorized vehicles in connection
with agricultural operations and/or the grooming of Nordic ski trails are allowed. Permitted
agricultural practices and limitations on the erection of structures are set forth in Exhibit E and
incorporated by reference into this Easement. Any other activity on or use of the Property
inconsistent with the Conservation Purposes is prohibited. All uses expressly or impliedly
permitted or reserved on the Property by this Easement shall be undertaken in a manner that is
consistent with the Conservation Purposes. Without limiting the generality of the foregoing, the
following activities and uses are permitted or prohibited as expressly provided below:
3.1 Subdivision. The Property may not be divided into more parcels than the parcels set forth
on Exhibit B (each of which may be referred to herein as a "Parcel"), including access thereto.
Each Parcel may be separately sold or otherwise conveyed, but each Parcel shall at all times
remain subject to the terms of this Easement. Once divided, one or more Parcels may be merged
with one or more other Parcels. If in the future a Parcel is merged with another Parcel, a plat
map shall be recorded by the Grantee as evidence that the Parcels have been merged.
The size and location of each Parcel, and access routes thereto, shall be as depicted on Exhibit B.
All other partition, division, subdivision or de facto subdivision of the Property, whether by
physical or legal process, is prohibited. Once a new residence has been constructed on Parcels I,
2, or 3, or whenever Parcels 4, 5 or 6 are transferred to any person other than J. Thomas or Linda
Jeanne Clark or their heirs, the buyer shall make, or cause to be made, a payment in the amount
of one-half of one percent for each Parcel thereafter sold, to the A VL T, or its successor then
holding this Easement, as a stewardship endowment. This obligation runs with the land and is
binding on all successors in interest to any portion of the Property.
Allowable uses: The following uses are hereby reserved to the Grantor;
A) The right to maintain or demolish at Grantor's election, any or all of the residential
structures currently located on Parcel 3 or to remove them to Parcel 4.
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B) The right to replace the approximately 600 square foot employee bunkhouse on Parcel
4 with the residence on Parcel 3.
C) The right to create up to (I) a building envelope of 10 acres or less around the existing
improvements on Parcel 4, (2) a four-acre building envelope around the existing
improvements on Parcel 3, and (3) to establish a 4.037 acre residential building
envelope on Parcel I and a 4.090 four-acre residential building envelope on Parcel 2,
as shown on Exhibit B. The houses on the four Parcels may not exceed 5,750 ft. sq.
Floor Area in each Parcel. Each building envelope shall be referred to herein as a
"Building Envelope" or together as "Building Envelopes."
D) The right to construct up to 15,000 square feet of additional agricultural structures on
Parcel 4 and ParcelS, and the right to construct up to 2,000 square feet of additional
agricultural buildings each on Parcels I, 2 and 3, provided however that all of these
agricultural structures shall not be designed for human habitation and shall be used
solely for the storage of livestock, agricultural products and/or equipment.
E) Grantor shall have the right to replace the approximately 600-square foot employee
residential structures which now exist on Parcel 4 with the existing residential
structure now located on Parcel 3 (the "Parcel 3 Structure"). Following the relocation
of the Parcel 3 Structure to Parcel 4, Grantor shall be entitled to preserve the
residential structures which then exist on Parcel 4. Grantor may thereafter replace the
residential structures on Parcel 4 with new residential structures that collectively do
not exceed 5,750 square feet.
F) The right to drill and use one domestic well on Parcel I and one domestic well on
Parcel 2, and to augment water from the Water Rights as may be necessary for the
lawful use of those wells.
G) As further provided in a public trail easement (the "Public Trail Easement") to be
granted concurrent with this Easement, the County shall have the right to construct, at
its expense, a trail and associated trailhead parking not to exceed space sufficient for
five vehicles that would allow for non-motorized public access from Sopris Creek
Road to Light Hill, provided the trail and related parking lot shall not encroach on any
of the building envelopes established on the Property.
Grantor acknowledges that it is solely responsible for submitting a development application, and
that this application will be reviewed by Pitkin County in accordance with all applicable laws and
regulations.
All residential development shall be located within Building Envelopes and Access, Utility and
Landscaping Envelopes (referenced below as Access Envelopes) as finally approved by Pitkin
County. Exhibit B shows the location and size of the Building and Access Envelopes agreed to
by the Parties at the time this Easement was executed. No residential development, including
grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic
system or well, shall occur outside of a Building or Access Envelope, except to comply with
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required wildfire mitigation or wildlife mitigation subject to a plan approved by the Grantee.
Utilities, roads and drives, including grading, excavation, fill placement, landscaping, vegetation
removal or disturbance associated therewith, shall be located within the Building Envelopes or
Access Envelopes approved by Pitkin County.
3.1.1 Plant Species. Only plant species listed in the Pitkin County Revegetation Guide (or
species native to the site) shall be utilized to revegetate areas that are disturbed by construction of
access drives and installation of utilities, subject to a revegetation plan approved by the Land
Management Department prior to issuance of a Certificate of Occupancy. However, if
agricultural areas are disturbed, those areas may be planted with agricultural crops that are not
included in the Revegetation Guide.
3.1.2 Utilities. Utilities for service of the permitted structures and uses on the Property may
be constructed, repaired, replaced, and maintained within the Building or Access Envelopes,
provided that all such utilities, to the extent practical, shall be placed underground. Outside the
Building or Access Envelopes, Grantor may install new utility lines or relocate existing utility
lines to serve the Property only with the advance permission of Grantee, and provided said new
utilities are installed underground. Grantee shall only approve such utilities if Grantee
determines said utility lines are not inconsistent with the preservation and protection of the
Conservation Values. Utility lines that are needed to service permitted agricultural and
residential improvements on the Property may be place above-ground with the prior written
permission of Grantee, provided that Grantee shall determine that such above-ground utilities do
not have a material adverse impact on the Conservation Values. Any areas of the Property
outside of the Building or Access Area which are disturbed by the installation of new or relocated
utilities must be revegetated and restored to a natural condition promptly after installation is
complete.
3.1.3 Lighting. Exterior lighting is permitted, but only on, or immediately adjacent to,
permitted buildings. No exterior lighting shall be installed at a height greater than ten (10) feet
from the ground. All exterior lighting on the Property shall be shielded so that it shines
downward, and so that the source of illumination is not visible from other homesites or
neighboring properties. No mercury vapor or similar lighting is permitted on the Property. All
exterior lighting shall be consistent with the current rural and undeveloped character of the area.
Floodlighting to highlight landscaping, buildings or other features of the Property is prohibited,
but discreet lighting of porches, balconies, and exterior steps on permitted structures is permitted.
3.2 Fences. New and replacement fencing is permitted anywhere on the Property for
agricultural purposes. When new fencing is constructed on the Property, it will comply with
standards approved by the Colorado Division of Wildlife for the migration of wildlife across the
Property. This provision shall not apply to the repair or replacement of fencing currently existing
on the Property. .
3.3 Timber Harvesting. Trees may be cut for firewood used on the Property and for fence
posts and poles used on the Property, and to control insects and disease, to control invasive non-
native species, to preserve existing agricultural areas, to construct recreational trails and stock
trails as approved in writing by the Grantee, and to prevent personal injury and property damage
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from wildfire or other causes, as well as other safety issues. Clearing of underbrush for fuel
reduction purposes is also permitted on the Property. Dead trees may also be cut for other uses
on the Property, provided that some dead trees should be left standing for wildlife and bird
habitat. Otherwise, and except as provided in Paragraphs 3.2 and 3.7, and except for the cutting
of trees planted by Grantor and intended for such harvest, all of which excepted uses are
permitted on the Property, the cutting, removal or harvesting of trees, including clearing land for
cultivation, use of livestock, or commercial timber harvesting, is prohibited.
3.4 Mining. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any
other mineral substance by surface mining or any other method is prohibited on the Property.
Grading and related earth-moving is allowed for purposes of ditch, pond, trail and road
maintenance and construction, and for personal safety as necessary, and rocks may be removed
for use in house construction on the Property. Grantor shall not sever any mineral or mineral
rights, including without limitation, soil, sand, gravel, rock, oil, natural gas, and/or fuel, from the
surface of the Property.
3.5 Trash; Storage of Vehicles. The dumping and uncontained accumulation of any kind of
trash or refuse on the Property is prohibited, except plant material associated with permitted
agricultural operations which can be com posted and used for erosion control. All outside storage
of trash shall be in bear-proof containers. The outside storage of abandoned or inoperative
vehicles is prohibited on the Property.
3.6 Water Rights.
3.6.1 Water Rights. Grantor shall retain and reserve all water and Water Rights historically
used on, associated with/or appurtenant to the Property, as further defined below, to protect,
support, and enhance the Conservation Values. The "Property" includes any and all water and
water rights beneficially used on the land as of the date this Easement is recorded, including, but
not limited to, those described in Exhibit C that are owned by Grantor, and all ditches,
headgates, springs, reservoirs, water allotments, water shares and stock certificates, contracts,
units, wells, easements and rights of way owned by Grantor and associated therewith (the "Water
Rights"). The Water Rights include surface water rights and groundwater rights, whether
tributary, nontributary or not-nontributary, decreed or un-decreed, including, but not limited to,
those water rights or interests specifically described on Exhibit C attached hereto. If water rights
other than those enumerated on Exhibit C which were beneficially used on the land as of the
date this easement is recorded are later identified, Grantor shall cooperate with Grantee to re-
record this Easement with such later identified rights added to Exhibit C. Similarly, if water
rights enumerated on Exhibit C are later found not to be an accurate listing of those water rights
which were beneficially used on the land as of the date this Easement is recorded, Grantee shall
cooperate with Grantor to re-record this Easement with such corrections made to Exhibit C. The
Parties agree that it is appropriate to include the Water Rights in this Easement pursuant to
C.R.S. S38-30.5-102.
3.6.2 Permitted Water Right Uses. The Water Rights are included in this Easement to retain
or maintain the Water Rights predominantly to support and enhance the Conservation Values and
for horticultural, wetlands, forest, uses permitted by this Easement (including reservoirs or other
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facilities for fighting fire, and the construction of new ponds or expansion of existing ones), or
other uses consistent with the protection of open land, environmental quality, or life-sustaining
ecological diversity (the "Water Rights Permitted Uses"). The Water Rights are hereby
dedicated and restricted to support, enhance and further the Water Rights Permitted Uses. The
Water Rights Permitted Uses include, but are not limited to, the continuation of the historic use
of the Water Rights on the Property. Grantor shall have the right to use and enjoy and improve
the Water Rights on the Property consistent with historic practices and this Easement. As further
provided in this Paragraph, Grantor shall have the right to maintain, repair, and if destroyed,
reconstruct any existing facilities related to the Water Rights (such as ditches, wells and
reservoirs). Grantor may reconstruct any facility wherein the failure to reconstruct could result in
a loss of water rights. Pumps and other facilities for the use of the Water Rights on the Property
are permitted.
3.6.3 Restrictions on Water Rights. The Water Rights may never (i) be changed to or used
for municipal, industrial, commercial or any other new uses (except for uses permitted by this
Easement, including reservoirs or other facilities for fighting fire; and limited residential uses,
and an emergency water loan or other legally recognized agreement to augment instream flows in
Sopris Creek or the Roaring Fork River), (ii) be changed for use other than on the Property, (iii)
be sold, leased, encumbered separately from the Property or otherwise legally separated from the
Property, or (iv) have their points of diversion, or their type or place of use within the Property
changed, except after a written determination by Grantee that such changes are consistent with
the Conservation Purposes, except in the event that such water rights are subject to an
involuntary transfer, in which case the provisions of Paragraph 16 shall apply. Grantor agrees
not to abandon any portion of the Water Rights and to this end, to use reasonable efforts to
continue historic use of the Water Rights on the Property when they are legally and physically
available. Grantor shall not construct, or permit others to construct, any new water diversion or
storage facilities upon the Property except as may be needed for fire suppression, continued
agricultural operations, and the limited residential uses permitted by this Easement, and shall not
develop any conditional water rights for use on the Property, without the prior written approval
of the Grantee, except for maintenance, replacement and repair of those ditches and related
structures existing as of the date this Easement is recorded, including those serving other
properties. The use of alternative irrigation systems or technologies which enhance water use
efficiency shall not be deemed a restricted change of "use" under this paragraph provided that
water savings that may result be used for the Water Rights Permitted Uses as provided in this
paragraph.
3.6.4 Protection of Water Rights. The intent of the Parties is that Grantor will continue the
historic use of the Water Rights on the Property, including water usage related to uses permitted
by this Easement. Grantor shall provide Grantee annually a report on the nature and extent of use
of the Water Rights on the Property during the prior year, including a report submitted to the
State or Division Engineer or local water commissioner. If Grantor fails to maintain the historic
use of the Water Rights, including water usage related to uses permitted by this Easement, or the
Water Rights are otherwise subject to a threat of abandonment, Grantee shall have the right, but
not the obligation, to (i) enter upon the Property and undertake any and all actions reasonably
necessary to continue the use of the historic Water Rights, or (after 90 days written notice to
Grantor) to (ii) seek to change the Water Rights to another Permitted Use.
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3.6.5 Effect of LOSS. No loss of any or all of the Water Rights through injury or
abandonment, or conversion of the Water Rights as set forth above, shall be considered a
severance or other transfer of the title to the Water Rights from the Property for federal or state
tax or other purposes.
3.7 Commercial or Industrial Activity: Nuisances. No industrial uses shall be allowed on the
Property. No new commercial uses shall be allowed on the Property, except those specified
below as long as they are conducted in a manner that is consistent with S 170 of the Code, are
consistent with the Conservation Purposes, and do not substantially diminish or impair the
Property's Conservation Values. Examples of such prohibited uses include meat or poultry
processing facilities, sawmills or logging operations or facilities, and commercial feedlots which
shall mean confined areas or facilities for purposes of extended feeding and finishing of large
numbers of livestock for hire. Commercial feedlots do not include the grazing of livestock in
open fields or pastures or the winter feeding oflivestock in enclosed pens. Permitted agricultural
operations include grazing and raising livestock, including up to five cattle per acre on the
pasture acreage, raising crops, and all other agricultural activities consistent with protection of
the long-term ecological and economic viability of the land. A nursery is allowed provided that
no retail sales occur on the Property. Any tree farm in which live trees are removed along with
the topsoil shall not to exceed five (5) acres and no related retail sales shall occur on the
Property. Construction of ponds for fish farming is allowed.
3.8 Transferable Development Rights. Grantor relinquishes all transferable development
rights that have not already been certified on the Property at the time this Easement was granted.
Grantor may not grant any access across the Property for the development or residential use of
any property other than this Property.
3.9 Roads. The Parties acknowledge that roads currently exist on the Property, which roads
are shown on Exhibit B. The Grantor reserves the right to use and maintain any existing roads or
trails on the Property as depicted on Exhibit B, and to construct, use, and maintain new roads in
the locations depicted on Exhibit B. Roads necessary for land management consistent with the
uses reserved herein may be constructed with the prior written approval of Grantee, which may
not be unreasonably withheld. Trails may not be paved or otherwise covered with concrete,
asphalt, or other paving material. New soft-surface recreational trails or stock trails may be
constructed with the prior written approval of the lJrantee, not to be unreasonably withheld.
Grantor also reserves the right to pave roads, drives and parking areas within Building or Access
Envelopes.
3.10 Wildlife Habitat. With prior written notice to the Grantee, and subject to the approval of
Grantee, not to be unreasonably withheld, Grantor may make changes to the Property to
maintain, improve or enhance wildlife habitat (which may include construction of ponds or other
water improvements) anywhere on the Property.
3.11 Vegetation. The introduction by Grantor of any noxious weed as defined by the Pitkin
County Noxious Weed Management Plan and applicable state law is prohibited on the Property.
Non-native and non-invasive vegetation is permitted on the Property in gardens, for agricultural
uses, or for landscaping adjacent to structures. Grantor will use reasonable efforts to control
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noxious weeds (invasive, non-native species of plants) on the Property. Use of herbicides to
control noxious weeds is permissible, but should be done in a cautious and discriminatory way to
target just the selected plant populations.
3.12 Recreation; Off-Road Use of Vehicles. The Property may be used for non-motorized
recreational uses such as horseback riding, hiking, bicycling, cross-country skiing, fishing,
camping, and hunting in accordance with applicable laws and regulations. Occasional
snowmobile use for land management and monitoring purposes is permitted. Golf courses and
related facilities, motor-cross tracks and facilities, off-road vehicle courses for all-terrain
vehicles, snowmobiles, motorcycles, or other motorized vehicles, and other intensive or
commercial recreational uses of the Property are prohibited. Off-road use of motorized vehicles,
including snowmobiles, is prohibited except for agricultural activities, property maintenance,
grooming of Nordic ski trails, and packing deer and elk during hunting season. Notwithstanding
any other provision of this Easement, no commercial recreational uses (except for de minimis
uses within the meaning of section 2031 (c) of the Code) are permitted on the Property.
3.13 Leases. Grantor agrees not to enter into any lease or other agreement for all or a portion
of the Property unless such lease or other agreement includes reference to this Easement, and
unless such lessee or other party agrees in writing to comply with the terms of this Easement. A
copy of such agreement will be provided to the Grantee at least ten (10) days prior to the
beginning of the leasehold. Nonetheless, Grantor shall remain liable for compliance with all of
the terms and conditions of this Easement. Failure to comply with this provision shall not affect
the validity of such lease or other agreement.
3.14 Dogs. Unleashed or un-kenneled dogs, other than dogs involved in agricultural
management, are prohibited. Construction workers shall be prohibited from bringing dogs on the
Property.
3.15 Re-zoning. Grantor reserves the right to seek and obtain are-zoning of the Property, or
portion thereof, to the "Rural Remote" zoning classification provided for in the current Land Use
Code of Pitkin County, Colorado.
3.16 Land Management. To facilitate periodic communication between Grantor and Grantee
about management issues that may impact the Property's Conservation Values, the Property shall
be operated and managed in accordance with a land management plan prepared by Grantor
within one year after this Easement is signed and provided to Grantee, which plan shall be
updated at least every five (5) years.
3.17 Boundarv Adjustment. Grantor reserves the right (A) to undertake a boundary adjustment
which decreases the size of Parcels 1,2 and 3 to fewer than thirty-five acres, provided that (i) all
acreage subject to this Easement prior to such adjustment remains subject to this Easement after
the adjustment; (ii) the boundary adjustment does not create a lot or homesite substantially
different in size for development purposes and; (B) to undertake other boundary adjustments
provided that (i) all acreage subject to this Easement prior to such adjustment remains subject to
this Easement after the adjustment; (ii) the boundary adjustment does not result in any increase in
development or development potential on the Property or any other property over that which
Page I]
existed prior to such adjustment and; (iii) the boundary adjustment does not create a lot or
homesite substantially different in size for development purposes. Grantor shall notifY the
Grantee in writing prior to undertaking any such boundary adjustment, and shall include with the
notice a map showing the existing and proposed new boundary resulting from the adjustment.
4. Reserved Rights. Grantor reserves to itself, and to its successors and assigns, all rights
accruing from its ownership ofthe Property, including the right to engage in or permit or invite
others, including the public, to engage in all uses of the Property, except for uses that are
expressly prohibited herein and/or are inconsistent with the Conservation Purposes.
5. Right to Privacy. Grantor retains the right to privacy and the right to exclude any
member of the public from trespassing on the Property, including posting the Property against
trespassers, except as to the Public Trail Easement granted for access to Light Hill.
6. Enforcement and Mediation. The Parties shall have the right to prevent and correct or
require correction of violations of the provisions of this Easement, including the right, but not the
obligation, to enforce the restoration of any, and all, of the Conservation Values damaged by
activities inconsistent with the Conservation Purposes. Such restoration shall be, as nearly as
possible, to the condition that existed on the date of the recordation of this Easement, except for
such changes as may have been made to the Property consistently with the terms of this
Easement.
Grantee may enter the Property for the purpose of inspecting for violations in accordance with
Paragraph 2.2 above. If either Party finds what it reasonably believes is a violation, that Party
shall immediately notifY the other Party in writing of the nature of the alleged violation. Upon
receipt of this written notice, the Party to whom such notice has been sent shall either (a) cease
such violation and, if required, restore the Property as provided above in this Paragraph, or (b)
promptly provide a written explanation to the Party sending the notice of the reason why the
Party receiving the notice believes that no violation exists or why the alleged violation should be
permitted, in which event both Parties agree to meet as soon as possible to resolve this difference
of opinion. If a resolution of this difference cannot be achieved at the meeting, both Parties agree
to meet with a mutually acceptable mediator to attempt to resolve the dispute. Grantor shall
discontinue any activity which could increase or expand the alleged violation during the
mediation process. Should mediation fail to resolve the dispute, either Party may, at its
discretion, take appropriate legal action. Should the Parties, through mediation, or otherwise,
conclude that the alleged violation is not a violation, the challenged activity or use shall be
deemed approved.
Without notice to Grantor, and without seeking mediation as provided for in the preceding
paragraph, at any time when, in Grantee's reasonable opinion, an ongoing or imminent violation
could irreversibly diminish or impair the Conservation Values, Grantee may, at its discretion,
take appropriate legal action. Grantee may seek an injunction to stop a violation. temporarily or
permanently and/or to require Grantor to restore the Property to its condition prior to the
violation as provided above.
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Notwithstanding the foregoing, Grantee shall provide a written explanation to Grantor for its
actions taken without notice, and a written description 6fthe actions taken, as soon as practical.
Furthermore, any action taken without notice shall be the minimum necessary to prevent such
irreversible diminution or impairment of the Conservation Values.
7. Costs of Enforcement. As used below in this paragraph, Grantee refers to both Co-
Holders. If the Grantee prevails in any action to enforce the terms of this Easement, the
Grantee's reasonable costs of suit, including, without limitation, reasonable attorneys' fees, and
any reasonable costs of restoration, shall be borne by Grantor. In the event that the Grantee is
found by a court having jurisdiction in the case to have intentionally violated the terms of this
Easement, Grantor shall be entitled to recover its reasonable costs of suit, including, without
limitation. reasonable attorney's fees, and any other damages sustained by Grantor as a result of
such violation.
8. Discretion. Enforcement of the terms of this Easement shall be at the discretion of the
Grantee, and any forbearance by Grantee or Grantor to exercise its rights under this Easement in
the event of any breach of any term of this Easement by the other Party shall not be deemed or
construed to be a waiver of such term or of any subsequent breach of the same or any other term
of this Easement or of any of Grantee's rights under this Easement. No delay or omission by
Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right
or remedy or be construed as a waiver.
9. Waiver of Certain Defenses. The Parties hereby waive any defense of estoppel, laches
or prescription. The failure of either Party to discover a violation or to take immediate legal
action shall not bar it from doing so at a later time and the Parties hereby waive any defense
available to them pursuant to C.R.S. Section 38-41-119, et seq. Notwithstanding anything else in
this Paragraph 9 to the contrary, Grantor shall be entitled to rely on a written approval authorized
by Grantee pursuant to Paragraph 19 hereof, or any deemed approval under Paragraph 6 hereof.
10. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed
to entitle Grantee to bring any action against Grantor for any injury to or change in the Property
resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm,
and earth movement, or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such causes.
11. No Public Access Required. No right of access by the general public to any portion of
the Property is conveyed by this Easement except as regards public access granted by a Public
Trail Easement concurrent with the conveyance of this Easement, to provide access from Sopris
Creek Road to Light Hill.
12. Subsequent Transfers. Grantor shall incorporate by reference the terms of this
Easement in any deed or other legal instrument by which it transfers any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees
to give Grantee written notice of the transfer of any interest at least thirty (30) days prior to the
date of such transfer, including the transferee's name, address and telephone number. The failure
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of Grantor to perform any act required by this Paragraph 12 shall not impair the validity of this
Easement or limit its enforceability in any way, or the validity of such transfer.
12.1 Transfer Fee. Any time the Property, or any interest therein, is transferred by Grantor to
any third party, Grantor shall notifY Grantee in writing prior to the transfer of the Property, and
the document of conveyance shall expressly refer to this Easement. In addition, and in addition
to the payment provided for in Paragraph 3.1 above, Grantor, its successors and assigns, shall
pay, or cause to be paid to the Grantee a One Hundred Dollar ($100.00) transfer fee at the closing
of a sale of all or any portion of the Property or in the event any interest in the Property is leased.
This provision shall not apply to a pasture or house lease of one (I) year or less, nor to a transfer
of any part of the property to a related party of the Grantor and which transfer is made to
facilitate Grantor's estate planning. The obligation to make such payment runs with the land and
is binding upon Grantor, its successors and assigns. Failure to pay the transfer fee provided for
in this Paragraph 12.1 shall not affect the validity of the transfer.
13. Costs of Operation, etc.. Grantor shall retain all responsibilities and shall bear all costs
of any kind related to the ownership, operation, upkeep, and maintenance of the Property,
including weed control and the maintenance of adequate comprehensive general liability
insurance coverage. Grantor shall add and maintain Grantee as an additional insured to such
insurance coverage, and shall deliver proof of such coverage to Grantee at closing, and at other
times when requested by Grantee. Grantor shall keep the Property free of any liens that would
have priority over this Easement arising out of any work performed for, materials furnished to, or
obligations incurred by Grantor.
14. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively the "taxes"), including any taxes imposed upon, or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantee
is authorized but in no event obligated to make or advance any payment of taxes, upon thirty (30)
days prior written notice to Grantor, 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 Grantor at the lesser of the prime rate of interest from time to time charged by a bank
selected by Grantee or the maximum rate allowed by law.
15. Liability.
15.1 Grantor's Liabilitv. Grantor shall hold harmless, indemnifY, and defend Grantee and its
members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Indemnified Parties") 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: (I) the negligent actions of Grantor's officials, employees, and agents
in the performance or failure to perform their obligations pursuant to this Easement; (2) injury to
or the death of any person, or physical damage to any property, proximately caused by any
intentional or negligent act or omission of Grantor, its officials, employees, or agents related to or
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concerning the Property; and (3) the presence or release of hazardous or toxic substances on,
under or about the Property, and all claims, demands, liability, damages, or costs caused thereby,
unless such substance was introduced onto the Property by Grantee or any of its officials,
employees or agents 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. In
assuming responsibility under this Paragraph, Grantor in no way assumes responsibility for the
intentional or negligent acts or omissions of Grantee, its officers, employees or agents. The
Property presently contains an underground fuel storage tank at the location listed on Exhibit B.
15.2 Grantee Not an "Operator". Nothing in this Easement shall be construed as giving rise to
any right or ability of the Grantee to exercise physical or managerial control of the day-to-day
operations of the Property, or of any of Grantor's activities on the Property, or to otherwise
become an "owner" or "operator" with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,
or any other federal, state, or local law or regulation making operators of property responsible for
the remediation of environmental contamination.
15.3 Grantee's Liability. Grantee shall be responsible for: (I) the negligent actions of its
officials, employees, and agents in the performance or failure to perform their obligations
pursuant to this Easement; and (2) injury to or the death of any person, or physical damage to any
property, proximately caused by any intentional or negligent act or omission of Grantee, its
officials, employees, or agents related to or concerning the Property. In assuming responsibility
under this Paragraph, the Grantee in no way assumes responsibility for the intentional or
negligent acts or omissions of Grantor, its officers, employees or agents.
16. Extinguishment. If this Easement is taken, in whole or in part, by exercise of the power
of eminent domain, or if circumstances arise in the future that render the purpose of this
Easement impossible to accomplish, this Easement may only be extinguished, whether in whole
or in part, by judicial proceedings in a court of competent jurisdiction. In the event that any
portion of this Easement is extinguished, the Grantee shall be entitled to a share of any proceeds
as described below.
16.1 Value of this Easement. This Easement constitutes a real property interest immediately
vested in the Grantee with a fair market value that is at least equal to the proportionate value that
this Easement, as of the date of conveyance, bears to the value of the Property as a whole at that
time (the Proportionate Value). The parties agree that the Grantee's Proportionate Value is
40.2% and that it shall remain constant. The values at the time of this Easement shall be those
values used to calculate the deduction for the federal income tax purposes allowed by reason of
this Grant, pursuant to Section 170(h) of the Code, whether or not Grantor claims any deduction
for federal income tax purposes. For the purposes of this Easement, the ratio of the value of the
Easement to the value of the Property as unencumbered by the Easement shall remain constant.
I. Extinguishment. If circumstances arise in the future such as to render the purpose of this
Easement impossible to accomplish, this Easement can be terminated or extinguished,
whether in whole or in part, only by judicial proceedings in a court of competent jurisdic-
tion. Each party shall promptly notify the other and GOCO in writing, when it first learns
Page IS
'J'oll,.,lj'~~" ~~:~~~':".
of such circumslances. the amount ofthe proceeds to which Grantee shall be entitled,
after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion
relating to the extinguishment of this Easement on all or any portion of the Property,
including, but not limited to, the water rights described in Exhibit C, subsequent to such
termination or extinguishment, shall be determined, unless otherwise provided by
Colorado law at the time, in accordance with the "Proceeds" paragraph, herein. In the
event of condemnation, extinguishment, or termination, the County shall be entitled to
receive 83.6% of the Grantee's Proceeds of condemnation or sale of the Property, and
GOCO shall be entitled to receive 16.4% of the Grantee's Proceeds of condemnation or
sale of the Property. The Parties agree that the Grantee shall not be entitled to any
extinguishment or condemnation proceeds that are based on the value of any existing or
later-added Property improvements or approved structures or improvements described in
paragraph 3.I(A-F).
2. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of
eminent domain, Grantee shall be entitled to compensation in the amount of Grantee's
Proceeds. GOCO shall be entitled to compensation from Grantee in an amount as
determined in accordance with the paragraph immediately above.
3. Use of Proceeds. Any proceeds received by the Grantee pursuant to this Paragraph 16
shall be used by the Grantee in a manner that is consistent with the Conservation
Purposes.
4. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement with notice to Grantor only to a Co-Holder, or to another
organization that is (a) a qualified organization at the time of transfer under Section
170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision
then applicable), and the applicable regulations promulgated thereunder, (b) authorized to
acquire and hold conservation easements under Colorado law, and (c) approved in writing
as a transferee by GOCO in its sole discretion. OOCO may disapprove of the transfer for
any reason, including but not limited to, the holder's desire to sell its interest in the
Property. If assignment is made to an organization other than one of the Co-Holders, then
such assignment will be subject to the receipt of the advance written approval of Grantor,
which approval shall not be unreasonably withheld. As a condition of such transfer,
Grantee shall require that the conservation purposes that this Easement is intended to
advance continue to be carried out. Grantee shall provide GOCO with a written request
to assign the Easement at least forty-five (45) days prior to the date of the assignment
transaction. GOCO shall have the right to require Grantee to assign its rights and
obligations under this Easement to a different organization if Grantee ceases to exist or
for any reason fails or refuses to enforce the terms and provisions of this Easement. If
Grantee ceases to exist prior to an assignment of this Easement, then the Easement shall
automatically revert to an organization designated by OOCO that is (a) a qualified
organization at the time of transfer under Section 170(h) of the Internal Revenue Code of
1986, as amended (or any successor provision then applicable), and the applicable
regulation promulgated thereunder; and (b) authorized to acquire and hold conservation
easements under Colorado law. If assignment is made to an organization other than one
of the Co-Holders, then such assignment will be subject to the receipt of the advance
Page 16
1111111111111111 111111 ~~7~/l~0~f 0 ~~ 361
J~NICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
written approval of Grantor, which approval shall not be unreasonably withheld.
5. If Grantee desires to transfer this Deed to a qualified organization having similar purposes
as Grantee, but Grantor or GOCO has refused to approve the transfer, a court with
jurisdiction shall transfer this Deed to another qualified organization having similar
purposes that agrees to assume the responsibility imposed on Grantee by this Deed,
provided that Grantor and GOCO shall have adequate notice of and an opportunity to
participate in the court proceeding leading to the court's decision on the matter.
17. Subordination of Mortgages. Grantor covenants and represents that at the time of
granting of this Easement any mortgage or deed of trust is and shall be subordinate to the terms
of this Easement.
18. Notices.
18.1 Deliverv of Notice. Any notice, demand, request, consent, approval, or communication
that either Party desires or is required to give to the other or GOCO shall be in writing and either
served personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantor:
Tom Clark
Crown Mountain Ranch, LLC
100 Elk Run Drive, Suite 215
Basalt, CO 81621
To the County:
530 East Main Street, Suite 301
Aspen, Colorado 81611
To the AVLT:
Aspen Valley Land Trust
320 Main St. Suite 204
Carbondale, CO 81623
To GOCO:
Executive Director
The State Board of the Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
or to such other address as a party or GOCO from time to time shall designate by written notice
to the other.
18.2 Written Notice to Grantee Required. Grantor hereby relinquishes any right to use the
Property in ways that may be inconsistent with the Conservation Purposes, or with respect to
which permission of Grantee is expressly required by the terms of this Easement, until it has
notified Grantee in accordance with this Paragraph 18, and obtained approval therefor from the
Grantee.
Page 17
\IJJoml,~,lm~~..~~~;i~:.:,,,
18.3 Response bv urantee. Grantee shall, within thirty (30) days from receipt of a request
hereunder, respond in writing to any request for approval by Grantor made in compliance with
this Paragraph 18. Until expressly permitted in writing by Grantee, Grantor shall not commence
the activity described in the notice. In the event that Grantee fails to respond to such a request
within such period, the requested approval shall be "deemed" granted only if the request will not
substantially impair the Conservation Values of the Property. All activities requiring prior
written approval by Grantee shall be conducted consistently with such approval when granted, or,
in the case of a "deemed" approval, according to the preceding paragraph, conducted consistently
with the terms of the request. Nevertheless, no such "deemed" approval shall allow any activity
on the Property that is inconsistent with the Conservation Purposes.
In the event that Grantee objects to the proposed activity it shall inform Grantor in writing of the
manner, if any, in which the proposed activity can be modified to satisfY its objections.
Thereafter, Grantor may submit a revised proposal accommodating the objections, and Grantee
shall review and respond to such revision in the same manner as to the original notice.
Any objection by Grantee to a proposed activity shall be based upon its opinion that the proposed
activity is inconsistent with this Easement, and upon any specific standards provided for herein.
Grantee shall have reasonable discretion in determining whether or not a proposed activity is
consistent with the terms of this Easement, and any such standards.
In no event may Grantee permit any activity on the Property that would be inconsistent with or
substantially impair the Conservation Purposes.
18.4 Content of Notices. All required notices hereunder shall be in writing, and shall provide
sufficient information, in addition to any information required by other provisions of this
Easement, to allow, in the case of notice to Grantee or GOCO, Grantee or GOCO to determine
whether the proposal is consistent with the Conservation Purposes. In the case of notice to
Grantor, the notice shall inform Grantor of the purpose of the notice, and the provision(s) of this
Easement with respect to which the notice has been sent.
19. Recordation. Grantee shall record this Easement in a timely fashion in the official
records of Pitkin County, and may re-record it at any time in the County in which the Property is
situated as may be required to preserve its rights in this Easement.
20. General Provisions.
20.1 Controlling Law. etc. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado, and the United States. Venue and jurisdiction for
the trial of any alleged violation of this Easement shall be Pitkin County, Colorado.
20.2 Liberal Construction. Any general rule of construction to the contrary notwithstanding,
this Easement shall be liberally construed to effectuate the Conservation Purposes and the policy
and purpose ofC.R.S. Section 38-30.5-101 et seq. If any provision in this Easement is found to
be ambiguous, an interpretation consistent with the Conservation Purposes that would render the
provision valid shall be favored over any interpretation that would render it invalid.
Page 18
1111111111111111111111 ~;~7~~:0~f 0~~ 361
JRNICE K vas CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
Furthermore, the Parties intend that the conveyance of this Easement qualify under Section
170(h) of the Code as a "qualified conservation contribution" of a "perpetual conservation
restriction," within the meaning accorded those phrases by Section 1.170A-14 of the Regulations,
for federal income and estate and gift tax purposes. The provisions of this Easement shall be
construed accordingly. Notwithstanding the foregoing, the Grantee and GOCO do not hereby
provide any warranty or other assurance as to the deductibility of the interests hereby conveyed,
and the provisions of this Easement are in no way conditioned upon such deductibility.
Neither of the Parties shall be deemed the draftsman of this Easement or any part thereof, each
having had the benefit of counsel of their own choosing in negotiating its terms.
20.3 Severability. If any provision of this Easement, or the application thereof to any person
or circumstance, is found to be invalid, the remainder ofthe provisions ofthis Easement, or the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, as the case may be, shall not be affected thereby.
20.4 Entire Agreement. This Easement, and the Exhibits attached hereto, and the Baseline
Documentation, set forth the entire agreement of the Parties with respect to this Easement, the
Exhibits, and the Baseline Documentation, and supersede all prior discussions, negotiations,
understandings, or agreements relating to the Easement, the Exhibits, and the Baseline
Documentation, all of which are merged herein.
20.5 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
20.6 Successors. The covenants, terms, conditions, and restrictions of this Easement shall be
binding upon, and inure to the benefit of, the Parties and their successors, and assigns and shall
continue as a servitude running in perpetuity with the Property.
20.7 Termination of Rights and Obligations. A Party's rights and obligations under this
Easement terminate upon transfer of the Party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer for the applicable
statute oflimitations period..
20.8 Captions. The captions in this Easement have been inserted solely for convenience of
reference and are not a part of this Easement and shall have no effect upon construction or
interpretation.
20.9 No Third Party Beneficiarv. This Easement is entered into by and between Grantor and
the Grantee, and except as provided herein, is solely for the benefit of Grantor and the Grantee,
and their respective successors in interest and assigns, and for the benefit of the general public.
Nevertheless, this Easement is not intended to confer standing to bring any enforcement action
upon anyone other than the Parties.
20.10 Compliance with Laws. Although the County has a property interest in this Easement,
nothing in this Easement shall be construed to mean that any uses or structures permitted herein
have been given approval by the County in its governmental capacity. To the extent that any
Page 19
1111111111111111111111 ~;~~/W0~f 0~6 361
J~NICE K vas CFlUDILL PITKIN COUNTY CO R 0.00 0 0.00
provision of this Easement differs from the land use regulations of Pitkin County, the more
restrictive provision shall apply. Grantor shall be solely responsible for obtaining any other
approvals necessary for the lawful use of the Property.
21.11 Extinguishment of Development Rights. Grantor hereby grants to Grantee all
development rights associated with the Property for the limited purpose of ensuring that such
development rights are forever terminated and extinguished and may not be used on or
transferred off of the Property by Grantor or Grantee or any other party, to any other property,
adjacent or otherwise, or used as a credit for density of development anywhere, by Grantor,
Grantee, or any other party, except for the development rights specifically reserved in paragraph
3.1.
21.12 Monitoring. The Co-Holders will agree on a monitoring schedule and make a single visit
per year to monitor the Property. Either or both of the Co-Holders can monitor the property, as
they agree. Co-Holders shall make reasonable efforts coordinate their efforts in administering
and enforcing the Easement.
21.13 Grantor's Title Warranty. Grantor warrants that Grantor has good and sufficient title to
the Property and hereby promises to defend the same against all claims from persons claiming by,
through, or under Grantor.
21.14 Subsequent Liens on the Property. No provisions of this Easement shall be construed as
impairing the ability of Grantor to use this Property as collateral for subsequent borrowing,
provided that any mortgage or lien arising from such a borrowing would be subordinated to this
Easement.
21.15 Joint Obligation. Ifmore than one owner owns the Property at any time, the obligations
imposed by this Easement shall be joint and several upon each of the owners.
21.16 Non-Merger. No merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting this Easement, unless the parties expressly state that
they intend a merger of estates or interests to occur and the parties have also obtained the prior
written consent of GOCO (if GOCO has provided any funds to purchase this Easement)
approving such merger of estates or interests.
21.17 Amendment. If the circumstances arise under which an amendment to or modification of
this Easement would be appropriate, Grantor and both Co-Holders are free to jointly amend this
instrument; provided that no amendment shall be allowed that will affect the qualifications of
this Easement under any applicable laws; and provided, further, that the prior written approval of
Grantor, both Co-Holders, and GOCO shall be required. Any amendment must be consistent with
the conservation purposes of this Easement and shall not affect its perpetual duration. Any
amendment must be in writing, signed by all Parties, and recorded in the records of the Clerk and
Recorder of the County in which the Property is located.
21.18 Change of Conditions. A change in the potential economic value of any use that is
prohibited by or inconsistent with this Easement, or a change in any current or future uses of
Page 20
neighboring properties, shall not constitute a change in conditions that makes it impossible or
impractical for continued use of the Property for conservation purposes and shall not constitute
grounds for terminating the Easement.
21.19 Definitions.
"Bottomlands". The "Bottomlands" refers to Parcels 1-5 on Exhibit B, the area of the Property
which has historically been irrigated pasture land. The Bottomlands shall not be developed,
except that the Grantor may construct residences and barns on Parcels 1-4 and up to 15,000
square feet of agricultural buildings on ParcelS such as hay barns or equipment buildings that are
reasonably required for cattle ranching or other permitted agricultural uses. The barn uses shall
be limited to the storage of agricultural products and agricultural equipment and shall not be used
as residences for human occupancy.
"Grantor". The term "Grantor" shall mean Grantor, and its successors in title to the Property,
including tenants, lessees, and licensees of the Property or any portion thereof. The term
"Grantee" shall mean the Pitkin County Colorado Board of Commissioners, and the Aspen
Valley Land Trust, and their successors and/or assigns. Occasionally for clarity Grantee is
referenced in the plural.
Existing" or "Currently". The terms "existing" or "currently," and variations thereof, shall mean
existing or current at the time this Easement is recorded.
"Use". The term "use," except as otherwise defined in this Easement, shall mean physical use of
the Property or any part thereof, or an activity on the Property or any part thereof.
"Code" and "Regulations". The terms "Code" and "Regulations" shall mean the Internal
Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder,
respectively, and shall include reference to the comparable provisions of any subsequent revision
of the Code and/or Regulations.
"Floor Area". The term "floor area" shall be as defined in Sections 5-20-70 and 5-20-80 of the
Pitkin County Land Use Code that was adopted July 1,2006, a copy of which definition is
attached hereto as Exhibit D.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement on the day
and year first above written.
Page 21
GRANTOR:
Crown Moun
Date:
IL"-.Jt.
. , ,
By:
J. T
STATE OF COLORADO
COUNTYOFO~
)
)ss.
)
The foregoing document was acknowledged before me on \ J. loJ' <::::>1..:. , by
J. Thomas Clark, Manager of Crown Mountain Ranch, LLC, as Grantor of the Easement on
Parcels 2 4, 5, and 6 depicted on Exhibit B. Witness my hand and official seal. My
commissi n e pires: ?,. \ , . d<3::::>~
I
i
1..._,,_
!';!i,J
~';. C( '.,::"
II'JJ,lml~'11 ;'~~'~;'.:~,,,
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Page 22
GRANTOR:
1111111111I11111111111 ~;~~:~!0;f 0~7 361
JANICE K V05 CAUDILL PITKIN COUNiY CO R 0.00 0 0.00
B
Date: \d . \;2. d '-
COLORADO
)
)ss.
)
COUNTY OF EAGLE
The foregoing document was acknowledged before me on \d' Q -0 ~ , by
James P. 01 0 as Grantor of the Easement Parcel 3 depicted o~hibit B. Witness my hand
and offici I eal My co iss' n pires: ~ . \ \ . ~OO
- ~---~~
',,1,'
~ " . j
,I ii, ~
"i,l: '
"'i,""
I",
Page 23
GRANTEE:
1111111111111111111I11 ~~~/1~:01r 0~6 361
JRNICE K vas CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado,
a body corporate and or' c
By
of the Board of County Commissioners of Pitkin
Title:
County, Colorado
STATE OF COLORADO
)
)ss.
)
COUNTY OF PITKIN
_ <'(" ~:.~oregoing document was acknowledged before me on ~ cctn\h-e. l \ \ .).OO~ by
..i.... . \<"~~~oL of the BOARD OF COUNTY COMMISSIONERS OF PITKIN
')/.",<. C\l~rado, a body corporate and politic. ~- , :!t.qEl;iles
~ ~ '\Vi~ re {i~d and official seal. My commission expires: fllI0l.:Il107
'?,.~G\..\ it::.
.tt:,.. "l',-"
, t'" .,~
,-"" U(It.~\(,
. tJr ('0
:iJfC ~ ~~ t( - I)'~CLJ
Nota ubhc
Page 24
1111111111111111111111 ~;~~~:~~0~f 0~6 361
JANICE K VOS CAUDILL PITKIN COUNTY CO ~ 0.00 0 0.00
ASPEN VALLEY LAND TRUST, a Colorado not-for-profit corporation
GRANTEE:
By \ AI! u/lur 6d4h~,
Martha Cochran, Executive Director
STATE OF COLORADO
}
)ss.
)
COUNTY OF PITKIN
The foregoing document was acknowledged before me on \.) . f~ = l..,. , by Martha
Cochran as Executive Director of ASPEN V ALLEY LAND TRUST, a Colorado nonprofit
'"'1'''''''"0, Grno"": W"o""my 1m"" ,"" olf!'i" ~,\. n ~ />
My commISSIOn expIres: 3. \ ,. c;!=~ .~ ~
[ N""~
~"
Page 25
Parcels 1-6 according to the Crown Mountain Ranch Amended Subdivision Exemption Plat with
Lot Line Adjustments recorded ~& I d, ,t-:uL,. cj.. Q"'-t~"OY", ti S "3,;;;l.0"'1
w-, ~\o.... \- \'::00 l:-' ~ [~\- ~ G...[\L-- \ '.,.,
Exhibit A _ Legal Description of Crown Mountain Ranch
JUl1l1JJIJU JLJt 1111 ~;~~/1~:0~f 0~7361
R 0.00 D 0.00
ODoeuments and Settings\dalewlLoeal SettiogslTempo<ary loternet Files\OLK7\1Crown Mln r
._--~_._.
- ~,~."_...._.._.--.-
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_.....---_.~--
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SCALE: 1"= 300'
EXHIBIT B to the CROWN MOUNTAIN RANCH CONSERVATION EASEMENT
CROWN MOUNTAIN RANCH FEATURES DEPICTING
PARCELS and BUILDING and ACCESS ENVELOPES
OS>
OS>
OS>
'"
I . /' Overhead Utility Easement Debris Flow Mitigation Envelope
NoA;go;;;;;:: 69 /" (Book 466, Page 412) ~j
NoA~9~;;:::68~-- '\~\~,--/( --. -~-. ~=..~:~1=-S>?:------'I'
r---------~ \\ I ..-:,~#-- .- /,' I r-......L...---i
I ~L : _-""-==; ~ ~- ~--J.. I Parcel 2 I
I AccessUtilityan~--// Parcell A/ -- I 23.588:tAcres I I
I Landscape Envelo~e >-, 16.6811: Acres / -, [ "RS-30 Zone I I
L 1----- '" "RS.30ZoneDistrict/ Building 'I I I BuDiS!;ct' I I I?
, ~/," E 1 1 I I mg I .f}..'
-------- I ~" p' nueope I I Envelope 2 l'
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- "\,/, /J I t:::--J .................. ii _ ____" ...Jff'
~'-~X9 t'~:C~n ~~A~~4r~n "'J,
T~~~~:g~~U~:::V~d-f~i[~::// // nj! ~-\: -- - "- ~~.:~~~:~t1~;u~~o~\ 1n.i,
Access Utzlity and - ':: ~~-: _ / I Sopris:5 ,j II!.,
Landscape Envelope I ,..~~/y'~ II Creek Rood .I:"==---........~' I
I j 0):1 (U r~ / T~n". , ;
f I ~ ~'-J~~ ',I: I J 60'~~~;iR:~~fo~ ~-:'/'.c) 0 j - _ ~ _30' Right-of-Way Easement
. ~'-- I :?~!: I {Book 116,Page lIS} _--- -~ I If' Book 116, Page 115
---- '''' 'J ----- , II
Angle Point No. 3 L~"';::;;;;...~----~ _-- ,.,...... I I!
of Tract 68 "v --~-..,... - Parcel 3 '" I ~
t Pa~e14
I 12.588fAcres, / "RS-30Zone '--__--1 ~
I "RS 30 Zone District" \ / District" /, :i
!, Building Envelope 4- ) / Building/' '" ' ii
I!i 7.232 Acre ;' Envelope 3 '\. -]
Iii (/ 4006A"e ~''- ", (I
I' J Parcel 6 '='i\-'~
L Parcel 5 I 385. 763i: Acres I \\
Ii: 113.203:tAcres I "Rural/Remote Zone District" '\,.."
II"R8-30 Zone DIstrict" (Rezoned by Pitkin County I ...._
II: I Ordinance 015-2006) I "
. lrrr... Angle Point No. 4
--------~ afTract 69
.lI.rr...Angle Point NO.5
~ of Tract 73
NOTE:. n.ns PIoPCEL IS SUBJECT TO RESERVATIONS. RESTRICTIONS.
COVENANTS AND EASEMENTS OF REC'ORD OR IN Pi-ACE
aJ
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EXHIBIT B to the CROWN MOUNTAIN RANCH CONSERVATION EASEMENT
CROWN MOUNTAIN RANCH FEATURES DEPICTING
PARCELS and BUILDING and ACCESS ENVELOPES
AnqlePointNo.2
'atTrad 7J
An.g!ePointNo 1
ofTraCl71
I Angu> Point No 1 I Angle Poml NO.2
ofTraCl66& ofTraCl69&
L Angl<;4 of Tract 67 AnglePo;ntNo 7
AnqlePomtNo_2::!..~__ _~~:..n~~c~__--l of Tract 67
r ---- J ImgatedAgnrulrurolLand
\ Po<<el5 "_'M"~'"" 0 ,'\
I '113.203'A"" __ ~'
I '---:~30ZoneDistrict ~ -" L:~ \
- - '- :::.--- '" I.."i
'- - SEE
____-./ \ DETAiL
Angle Poinl No. 3 I
of Tract 68 "
60'Right-<Jf-Wayfor
County Road
(Book J16,Page 115)
Anglel'oint
NO.3
ofTmct71
Parcel 6
385. 763:t Acres
"Rural! Remote Zone District"
(Rezoned by Pitkin County Angle Point
Ordinance 015 2006) . ::~ I "'2 ~
O[,mcr ,. ", Ang/ePoml
+------:=t.J '
I Angle Pomt O!T':;.ct 70 ,
I No.6 AngtePomt
I of Tract 70 No.3o/Tract J
Al~~,~:m 30' Rlght-DfWay
C . PIa &:.scment
I ap m C'<" Book 116, Page 115
I
-----------~----jAngl..Poinr
Angle Poil!! No. 5
NO.4 of Tract 70.
of Tract 70& AnAlummum
AnglcPoml Cap
No, 4 LS No. 25947
of Tract 71 mPlace
Angle Poinl 7
No,S
oJ Tract 73
Crown Mountain Ranch, LLC.
(Parcel C) Ovemll 559 900f Acres
NOTE. THIS PARCEL IS SUBJECT TO RESERVATIONS. RESfRlCTlONS,
COVENANTS AND EASEMeNTS OF RECORD OR IN PLACE
Angle Poinl
No. 1 of Tract
"
Overhead
Ulility
Easement
(BooIc466,
Page 412)
DebnsFlow
Mitigation
EnL'elope
i,A~:.7int
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EXHIBIT C - WATER RIGHTS
Any and all water and water rights, structures and structure rights, wells and well
rights and well permits,. and all other water resources. benefiting, used in
conjunction with or otherwise appertaining to the property described on Exhibit
" A" attached hereto and incorporated herein by this refererice, inclnding, but not
by way of limitliiion, the followiDg described watei rights and water resources: ..
. 2.0 c.f.s. of the 65 c.f.s. decreed to the water rights in the Home Supply
Ditch, Structure No. 121, former Water District No. 38;
. 2.7 c.f.s. of the 5.2 c.f.s. decreed to the water rights in the Shippee Ditch,
Structure No. 124, former Wawr District No. 38. The said 2.7 d.s. is
comprised of:
a. 1 c.f.s. for irrigation purposes adjudicated to Priority No. 34 in
Civil Action. No. 132, Garfield Couoty Disttict Court, with an
appropriation date of June 1, 1882 arid an adjudication date of May
11, 1889 (transf=d from the.Dean Ditch in Civil Action No.
2073, Garfield County Disttict Court);
b. 1.4 c.f.s. for irrigation purposes adjudicated to Priority No. 70 in
Civil Action No. 132, Garfield County District Court, with an
appropriation date of June 28, 1883 and an adjudication date of
May 11, 1889 (tImlsferred from the Manning Ditch in Civil Action
No. 2073, Garfield County Disttict Court); and
c. 0.3 c.f.s. for irrigation purposes adjudicated to Priority No. 184 in
Civil Action No. 132, Garfield county District Court, with an
appropriation date of February I, 1888 and an adjudication date of
May 11, 1889.
. 0.5 c.f.s. of the 2.7 c.f.s. deCreed to the water rights in the Davis Ditch,
Structure No. 153A-1, former vi ater District No. 38;
. An undivided 3/8s' interest in the 4..5 c.f.s. decreed to the water rights in
the Sopris Bigh1ine Ditch, Structure No. 81, fOllller Water District No. 38.
The said undi'VilleJi 318s interest is "Wmprised-wholly'of the~~ c:f:s. for
irrigation purposes adjudicated to Priority No. 107 in Civil Action No.
132, Garfield County District Court, with an appropriation date of March
25, 1885 and an adjudic.alion dateof May 11, 1889.
· 0.033 c.f.s. decree to the William O. Fender and Patricia O'Neil Fender
Well No.1 in Case No. W-221O, Water Division No.5, for domestic ll1ld
livestock water purposes, with aD. appropriatioo dated of December 31,
1930 and ml adjudication date of July 30, 1974, together with all permits
and well registration statements associated with the well, including, but
Dot limited to, Well Permit No. 134312;
EXHIBIT D - PAGE 1
Chapter 5: DIMENSIONAL REQUIREMENTS
5-20: Rules of Measurement
5-20-70: Measurement of Floor Area
5-20-70: MEASUREMENT OF FLOOR AREA
(a) General
In measuring floor area, all dimensions shall be taken from the outside face of framing or other
primary wall members or from the center line of walls separating adjoining units of a building or
portion thereof. For strawbale Dr log wall construction and for foundation walls, all dimensions shall
be taken from the centerline of the wall. Veneer facades up to eight (8) inches in thickness shall be
excluded from the calculation of floor area; that portion of a fayade which exceeds eight (8) inches
shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on
each floor. Structures that do not exceed thirty (30) inches in height measured above or below
finished and natural grades, and that are not covered by a rDof or horizontal projection from a building
are exempt from floor area calculations.
(b) Roof and Deck Overhangs
The floor area of a building, or portion of a building, not provided with surrounding exterior walls shall
include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds eight
(8) feet. These architectural projections are exempt for eight (8) feet of the perimeter of each story of
the structure. This exemption cannot be used to transfer space between floors. In the VR and VC
zone districts, an overhang of up to eight (8) feet on the street or back side of a structure shall be
exempt from the calculation of floor area. Roof and deck overhangs greater than eight (8) feet may
only be converted to enclosed interior areas when the resulting floor area does not exceed maximum
floor area that would otherwise be applicable to the property under Table 5-1.
(c) Decks, Balconies, Stairways and Similar Features
(1) Structures that exceed thirty (30) inches above natural or finished grade, and that are not
covered by a roof or architectural projection from a building, are exempt from floor area for up to
fifteen (15) percent of the approved floor area for the subject parcel or lot. Any areas in excess
of fifteen (15) percent shall be counted toward floor area. Decks, balconies, stairways, and
similar features with a horizontal projection greater than eight (8) feet may only be converted to
enclosed interior areas when the resulting floor area does not exceed maximum floor area that
would otherwise be applicable to the property under Table 5-1.
(2) Pergolas and open shade structures shall be considered part of the fifteen (15) percent of the
approved floor area for decks, balconies, stairways, and similar features as specified above, so
long as the following criteria are met: Overall height cannot exceed twelve (12) feet above
finished or existing grade, whichever is most restrictive, At least seventy (70) percent of the area
of such structures shall be open to the sky. There shall be no more than two (2) layers of
structure above the column capitals. Principal beams shall be a minimum of ten (10) feet on
center and have a maximum dimension of six (6) inches in width and twelve (12) inches in depth.
Secondary beams shall be spaced at a minimum of twenty-four (24) inches on center and have a
maximum dimension of four (4) inches in width and ten (10) inches in depth. There shall be no
walls. The doubling of beams over the columns shall be permitted.
(d) Crawl Spaces
Crawl space means an area below the first usable floor of a building or portion of a building. Crawl
spaces are exempt from floor area calculations when less than five (5) feet six (6) inches in height.
(e) Attic
Attic means an area between roof framing and the ceiling framing of the room(s) below. Attics are
exempt from the calculation of floor area when less than five (5) feet six (6) inches in height.
1111111111111111111111 ~~~~/~:0~f 0~7 361
J,qNICE K vas CRUDILL PITKIN COUNTY CO R 0,00 0 0.00
Land Use Code
July 2006
Pitkin County, Colorado
Page 191
Chapter 5: DIMENSIONAL REQUIREMENTS
5-20: Rules of Measurement
5-20-70: Measurement of Floor Area
EXHIBIT 0 - PAGE 2
(f) Gas Station Canopies
up to one thousand 11,000) square feet of gas station canopy shall be exempt from the calculation of
floor area for any approved gas station.
(g) Additional Provisions for Lots and Parcels in the Urban Area Subject to
FAR Limits
(1) EXEMPT BELOW GRADE SPACES FOR PRINCIPAL SINGLE-FA MIL Y AND DUPLEX
RESIDENCES
Spaces below grade shall be exempt from Floor Area calculations for up to a maximum of four
thousand (4,000) square feet, provided such spaces comply with the following requirements:
(a) Exempt below grade spaces are located below both the natural and finished grades. If any
part of the below-grade space is exposed above natural or finished grade (such as walk-out
basement, walls or courts) the entire below-grade area shall be included in the floor area
calculations. Exempt Below-grade spaces are no greater than twenty (20) feet in depth and
no more than a single story. For purposes of this definition, "story" shall mean that portion
of a building included between the upper surface of a floor and the upper surface of the
floor next above.
(b) Exempt below grade spaces are accessed only by stairway or elevator from the story
directly above, or through a door from a garage adjacent to the below-grade area.
(c) Exempt below grade spaces are no greater than twenty (20) feet in depth and no more than
a single story. For purposes of this definition, "story" shall mean that portion of a building
included between the upper surface of a floor and the upper surface of the floor above.
(d) Exempt below grade spaces do not contain doors to the exterior of the structure.
(a) Exempt below-grade bedrooms are allowed no more than one (1) egress window per
bedroom. Exempt below grade spaces that contain no bedrooms are allowed only one
egress window. When below grade egress is achieved through one or more below grade
bedrooms, no additional egress shall be provided. Egress window well size shall not
exceed the minimum allowed by the International Building Code/International Residential
Code.
(f) Habitable exempt below-grade spaces may be provided with aggregate glazing area of not
more than eight (8) percent of the habitable area of the room. For purposes of this
exemption, "habitable" shall mean a space in a building fDr living, sleeping, eating Dr
cDDking. Unfinished basements shall be considered habitable spaces. BathroDms, tDilet
roDms, clDsets, halls, stDrage Dr utility spaces and similar areas shall nDt be cDnsidered
habitable spaces. Window wells fDr natural light have a maximum dimensiDn Df three (3)
feet frDm the exteriDr wall. The maximum windDw well width shall be nD mDre than the
width Df the windDw.
(g) FDundatiDn walls for exempt belDw-grade spaces may be exposed abDve natural and
finished grade tD the minimum degree required by the IRe pertaining tD fDundatiDn design.
(h) Up tD ten (10) percent Df any particular belDw-grade wall surface may extend abDve natural
grade so IDng as the finished grade CDvers the wall surface that wDuld Dtherwise be
expDsed.
(i) Garages up tD seven hundred and fifty (750) square feet may be incorpDrated into below-
grade space and shall nDt affect this exemptiDn as IDng as the Dnly sectiDns of building SD
expDsed are directly related tD the garage structure.
(j) Floor area below natural and finished grade which exceeds the four thDusand (4,000)
square fDDt exemptiDn shall cDunt toward the calculation Df allDwable flDDr area.
Pitkin County, Colorad,
Page 192
11(~I~J~I((~IIIll~}"'~11111111(f I~ 1111 11/111111 ~;;~/~!;f 0:~ 361Land Use Code
NY co R 0.00 00.00 July 2006
EXHIBIT D - PAGE 3
Chapter 5: DIMENSIONAL REQUIREMENTS
5-20: Rules of Measurement
5-20-80: Measurement of Gross Floor Area
(2) GARAGES AND CARPORTS
For the purposes of calculating floor area ratio and allowable floor area for a lot where the
principle use is single family residence, garage and carport floor area shall be exempted up to a
maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage
and carport floor area shall be exempted up to a maximum of one thousand (1000) square feet.
All garage or carport space in excess of the exempted areas shall be included as part of the
residential floor area calculation. When an existing legal single-family or duplex dwelling
exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the
excess floor area from the exempt garage space.
(h) Additional Provisions for VC and VR Districts
In the VC and VR zone districts only: Spaces below natural and finished grade are exempt from floor
area calculations up to a maximum of nine hundred ninety-nine (999) squarefeet of floor area. Floor
area below grade that exceeds the nine hundred ninety-nine (999) square foot exemption shall count
in the calculation of floor area. To be exempt from floor area, below grade areas must meet the
following conditions:
(1) The structure must be principally residential or commercial, or accessory thereto; and
(2) Below grade areas shall not exceed a maximum depth of ten (10) feet as measured from floor to
ceiling and shall include no more than a single story; and
(3) Below grade areas cannot exceed the building footprint of the ground floor; and
(4) Below grade uses are limited to non-habitable uses such as baths, laundry, mechanical, halls,
utility, storage, etc., and shall not include garages or any uses that require natural light Dr
ventilation pursuant to the applicable adopted building code; and
(5) No more than one (1) egress may be allowed and is to be provided by a window that does not
exceed the minimum requirements of the applicable adopted building code. No new exterior
staircases may be allowed to access below grade areas; and
(6) No more than one (1) window well may be allowed, but not to exceed the minimum area allowed
by the applicable adopted building code, and not to be located on the street facade; and
(7) The foundation wall or footing may be exposed no more than two (2) feet above existing grade.;
and
(8) If any part of the below grade space is exposed above natural or finished grade (such as walk-
out basements, walls or courts) the entire below grade area shall be included in the floor area
calculation; and
(9) All dirt and other material excavated to allow for the below grade area must be removed from the
site; and
(10) All below grade areas must be approved by the Redstone Historic Preservation Commission, to
the extent guidelines are applicable.
5-20-80: MEASUREMENT OF GROSS FLOOR AREA
Gross floor area is calculated by adding areas included in the measurement of floor area, pursuant to
Sec. 5-20-70, and the following exemptions from floor area: below-grade space, garages and
carports, pursuant to Sec. 5-20-70(g)(1 and 2). Gross floor area measurement excludes barns, and
floor area types exempt from the calculation of floor area pursuant to Sec. 6-30-140 and Sec. 5-20-
70(a-e), respectively.
5-20-90: MEASUREMENT OF USABLE OPEN SPACE
Usable open space is measured as that portion of the lot or parcel not occupied by structures, but
excluding rights-of-way, streets, parking areas, and slopes over thirty (30) percent.
land Use Coe
July 2006
1111111111I111111111111 ~;~7~/~!0~f 0~6 36titkin County, Colorado
JANICE K IJOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 Page 193
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JANICE K VQS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 .
Exhibit E: Agricultural Management Practices
1. Agriculture. The Property is currently used for the following agricultural activities,
which are more fully described in the Baseline Documentation: grazing of cattle, growing and
harvesting of hay, and occasionally other crops such as oats. Historically the Property has been
used to grow and harvest hay. Approximately 115 acres of the Property are irrigated, as depicted
on the attached Exhibit B. Grantor retains the right to use the Property for agricultural
production, or to permit others to use the Property for agricultural production (including
agricultural leases), as provided herein. Agricultural production shall mean the production of
crops, hay, livestock, and livestock products, and pasturing and grazing of horses and/or other
livestock.
1.1 Preserve Agricultural Productivity. It is the intention of Grantor to preserve the ability of
the Property to be agriculturally productive, including continuing agricultural activities, to
engage in future agricultural activities, and to preserve the rural character, wildlife habitat, and
scenic qualities of the Property. Grantor recognizes the importance of good resource
management and stewardship to present and future generations. The current agricultural use of
the Property and its current improvements (as recorded in the Baseline Inventory) are consistent
with the Conservation Purposes. Such uses may be reasonably expanded and improved,
including the implementation of new management techniques. However, nothing in this
Easement shall be construed to require Grantor to continue the current, or any other, agricultural
use of the Property.
1.2 Sound Management All agricultural operations on the Property shall be conducted using
sound management, and in a manner not wasteful of range and soil resources, or detrimental to
water quality and conservation, stream banks, riparian habitat, or wildlife habitat. Grantor
recognizes that riparian systems associated with both running and standing water are particularly
important to the ecological health of the Property in so far as riparian vegetation captures
sediment, and provides forage, habitat and bio-diversity. Water quality is improved or
maintained. Stable soils store and release water slowly. Grantor therefore will manage livestock
grazing to ensure that stream banks and riparian vegetation are not degraded. Specil1cally,
grazing will be limited in these areas as needed to ensure that native vegetation maintains
adequate diversity, density, and cover. Grantee recognizes that unforeseen natural events,
unanticipated personnel problems, etc., may result in temporary maintenance problems. Grantee
will work with Grantor to find mutually acceptable solutions when such unanticipated events
occur. Notwithstanding the foregoing, the Grantee agrees that the current management of the
Property for all current agricultural operations is acceptable and consistent with the Conservation
Purposes.
1.2.1 Erosion Control. Grantor will undertake reasonable efforts on the Property to control
erosion along trails, roads, irrigation ditches, cultivated l1elds, and other disturbed areas.
1.2.2 Best Management Practices. To insure that livestock use can be maintained in a
sustainable manner, grazing oflivestock on the Property will be managed to allow plants to have
adequate recovery and re-growth periods and opportunity for seed dissemination and seedling
establishment using best management practices including, but not limited to the following:
Page 1
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JANICE K vas CAUDtLL PITKIN COUNTY co R 0.00
(a) Summer grazing snall not commence until the brome is at least six (6) inches tall;
(b) During grazing periods at least one-half (1/2) of the grass shall be left growing;
(c) Native willows and associated vegetation will be maintained along both sides of streams
wherever they grow naturally, except at designated crossings and watering holes,
(d) Where livestock are found to cause significant degradation of the stream banks, erosion, or
are impacting the diversity and regeneration of native vegetation, Grantor will fence the riparian
areas to restrict such grazing unless Grantor and Grantee alternatively agree on a plan to reduce
stocking rates and/or modify grazing timing or duration to reverse and repair such degradation. If
the Grantee and Grantor do not agree on such alternative grazing management plan, and if
Grantor does not fence according to this paragraph, Grantee may enter the property to erect such
fencing at Grantor's expense.
(e) Within 3 years of the date this easement agreement is signed, cattle on the west side of Sopris
Creek Road will be barred from Sopris Creek. Horses and other livestock are permitted on the
east side of Sopris Creek provided their enclosures are at least 50 feet away from the high water
mark of Sopris Creek.
1.2.3 Wildfires: At Grantor's election, naturally-caused wildfires may be allowed to bum
with minimal or no suppression.
1.2.4 If Agricultural Practices Are Discontinued. If, in the future, agricultural operations
cease, Grantor agrees to reseed any heavily disturbed areas with appropriate native vegetation to
prevent the spread of noxious weeds and to provide forage and habitat for wildlife, The Parties
agree that agricultural operations may resume at any time.
1.2.5 Other Buildings and Structures Prohibited. The construction of any building or other
structures or improvements on the Property, except those expressly permitted herein, is
prohibited. Agricultural buildings such as hay sheds, machine and equipment sheds, animal
sheds, barns, and greenhouses are permitted within the Building Envelopes, and in other
locations as are approved by the Grantee in its reasonable discretion, as being in compliance with
the Conservation Purposes. The fifteen thousand (15,000) square feet of agricultural structures
referenced in paragraph 3.I.D may be constructed on either Parcel 4 or ParcelS, and they shall
be in addition to the agricultural structures currently existing on the Property. The barn uses
shall be limited to the storage of agricultural products and agricultural equipment.
Page 2
Exhibit F: Acknowledgment of Baseline Documentation
The parties signing below agree that the Baseline Inventory prepared by Jonathon Lowsky and
dated Du fZ f 2.0010 accurately depicts the Property as of the date that the Conservation
Easement was executed.
\~.ld.oL
Date
County of
(? \.\\uV'-
)
)ss.
)
The foregoing document was acknowledged before me on \~. ) d 'U \-. , by James P.
Colombo. Witness my hand and official seal.
MY'Ommi",;O'~:::"', 'i'~'\ \. ~=~ ~ I
I NO i '!'. Y 1'1 illl i" Notary Public
, ,(,T^ n,; Ii f, '( j' {IR-".j)('
,.;\f):i~)l,"!L:.:pmi:" [.h::J",i I
11111111111111111111 II ~~~~/~~0;f 0~6 361
JANICE K vas Cl=lUDILL PITKIN COUNTY CO R 0.00 0 0.00 .
C:\Documents and Settings\dalew\Local Settings\Temporary Internet Files\OLK71\Crown Mtn 0
\111 11\\\ II \1\1I11I11\ 111\ II \\1\\ 1\1\ 111\ ~;~~~;:0~:0~6 361
JANICE K vas CAUDILL PITKIN COUNTY co R 0.00 0 0.0
Exhibit F: Acknowledgment of Baseline Documentation
The parties signing below agree that the Baseline Inventory prepared by Jonathon Lowsky and
dated \d' (.=;I C) 6 accurately depicts the Property as of the date that the Conservation
Easement was executed.
Signed:
!~~jb
Date
as Clark, Manag r, Crown Mountain Ranch, LLC
. /tIMIt-4 ~ckM-
Martha Cochran, Executive Director
Aspen ~ey Land Trus~
, ,~
/ Z. )/2 /00
,
Date
(? - Ie -06
lrector, Pitkin County Open Space and Trails
Date
State of Colorado
County of ?\~ h
)
)ss.
)
The foregoing document was acknowledged before me on ) c:J . (,;J. () l.::, , by J. Thomas
Clark, Manager, Crown Mountain Ranch, LLC, M rtha Cochran, Executive Director of the
Aspen Valley Land Trust, and by Dale Will, Directo Pitkin County Open Space and Trails,
Witness my hand and official seal. My commission e lfe' 3. - I ) . d~
[:-
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IC
Nota
t, ',-.,
Crown Mountain Trail Easement
PUBLIC TRAIL AND PARKING EASEMENT
THIS PUBLIC TRAIL AND PARKING EASEMENT (the "Easement"), made
and entered into thisl~ day of \\~(' _ , 2006, by and between Crown Mountain Ranch
LLC, a Colorado Limited Liability Limited Partnership (collectively referred to as
"Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, a body corporate and politic ("Grantee"),
RECITALS:
I. Grantor is the record owner of certain real property located in
Pitkin County which lies between Sopris Creek Road and adjacent federal public
lands.
2. Grantor has agreed to convey a public, non-motorized Trail and Parking
Easement on Parcels 1 and 2 as depicted on the Crown Mountain Ranch Amended
Subdivision Exemption Plat recorded Jd.J :l.O\'" at 5~~,-,q \ ^ ~e,2..J P \ L
in the location depicted on the aerial photo identified as Exhibit A; and
3. Grantor desires by this instrument to establish and to grant to Grantee a
perpetual Trail and Parking Easement over the property of Grantor which would cormect
Sopris Creek Road to adjacent federal public land, and provide limited parking, as
described in Exhibit A. Motorized use shall be limited to the existing driveway between
Sopris Creek Road and the parking area as identified on Exhibit A , attached hereto.
4. Grantee desires by this instrument (a) to accept said Trail and Parking
Easement subject to the restrictions set forth herein, and (b) to assume certain
responsibilities in cormection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements set forth herein, and for other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as
follows:
I. Grant of Public Trail and Parking Easement. Grantor hereby grants,
transfers and conveys unto Grantee and its successors and assigns, for the use
and benefit of the general public a 15' wide non-exclusive perpetual Trail
Easement to be located as depicted on Exhibit A. Use of the trail easement shall
be exclusively non-motorized except for access to the parking area across that
portion of the trail easement between Sopris Creek Road and the parking area,
as further depicted on Exhibit A. The parking area is anticipated to be 60' by
100', in a configuration large enough to accommodate a truck towing a horse
trailer to back up and turn around, to be staked in the spring of 2007. Grantor
also hereby grants, transfers and conveys unto Grantee and its successors and
C:\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 01 06.doc
I
Crown Mountain Trail Easement
1111111111I11I11111111 ~;~~~~~;~ :1:381
J~NICE K VOS CI=IUDILL PITKIN COUNTY CO R 0.00 D 0.00
assigns, for the use and benefit of the general public a 30' by 60' Parking
Easement as depicted on Exhibit A.
2. Trail and Parking Use Restrictions.
(a) Public use of the Trail Easement shall be exclusively for hiking,
horseback riding, and bicycling, and similar non-motorized recreation. No dogs,
or other uses or activities are permitted whatsoever. Public use of the Parking
Area shall be limited to no more than five motor-vehicles, and no vehicles may
remain in said parking area between 8 pm and 6 am. Grantee may further restrict
the public uses allowed by this Easement, including limitations on the times and
numbers of visitation, if such restrictions are necessary for the protection of
ecological resources including, but not limited to, wildlife and vegetation on
adjacent public lands.
(b) The Public Trail and Parking Easement is hereby declared to be
part of the Pitkin County Trail System, and the use of the Public Trail and
Parking Easement shall also be governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time, provided always that the provisions of
this Public Trail and Parking Easement shall control wherever they are more
restrictive than the provisions of said Title XII.
(c) Trail and Parking Easement Care and Maintenance. Grantee
hereby assumes complete responsibility for and agrees to care for, groom and
maintain the Public Trail and Parking Easement in a clean and attractive
condition and in a good and safe order and repair, at its sole cost and expense,
unless the need therefore is caused by Grantor, assigns, or its successor in
interest in the ownership of the underlying real property in which case Grantor or
its successor in interest, shall perform the maintenance or care so required
provided however that Grantor is not responsible for said damage if caused by
livestock, horses or third parties. Grantee's maintenance responsibilities shall
include, but not be limited to, trash and debris removal, keeping the Trail and
Parking clear of rocks, vegetation and other obstructions, grooming as needed,
controlling erosion and water runoff, and general care and maintenance.
Grantee may install turnstiles or other similar structures to insure that
livestock enclosures are secure despite the passage of the trail through them.
Grantee may further install a bicycle rack at the parking area. The design of any
such structure shall be subject to the approval of the Grantor, such approval not
to be unreasonably withheld.
3. Enforcement. Grantee agrees to enforce diligently all covenants and
use restrictions set forth herein and all other applicable rules and regulations as
C:\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 1201 06.doc
2
Crown Mountain Trail Easement
may be contained in Title XII of the Pitkin County Code, and to prosecute
violations thereof.
4. Grantor's immunitv and Grantee's Obligation to insure. The parties
expressly acknowledge that the Public Trail and Parking Easement is granted for
a "recreational purpose" under C.R.S. Section 33-41-101, et gg., and that
Grantor is entitled to the benefits, protections and limitations on liability
afforded by Colorado law governing recreational Easements, including without
limitation said Section 33-41-101, et gg. By granting the Public Trail and
Parking Easement, Grantor shall have no obligation to repair, clear or otherwise
maintain the area within the Public Trail and Parking Easement, or to insure or
indemnify Grantee or the public for any injury, claim or damage to any person or
property, whether alleged to have occurred as a result of use of the Public Trail
and Parking Easement for public non-motorized travel or otherwise, or due to the
condition of the Public Trail and Parking Area.
Grantee further agrees to add Grantor (and its successors and assigns in
the ownership of the underlying real property traversed by the Public Trail and
Parking Easement, or any part thereof) as additional named insureds on its
comprehensive general liability insurance policy, which insurance shall be
maintained by the Grantee to provide protection against liability from claims
arising out of the use of the Public Trail and Parking Easement. Such insurance
shall be carried in amounts not less than the liability limits specified in C.R.S.
Section 24-10-114(1), as it may be amended from time to time, and shall provide
Grantor and her successors and assigns with thirty (30) days advance written
notice prior to cancellation or termination. Grantee shall, upon written request
therefore from Grantor or any successor or assign, provide a Certificate of
Insurance as verification of compliance with these requirements.
5. Attorneys' Fees. In the event the interpretation or enforcement of
this Public Trail and Parking Easement should ever become the subject of
litigation between Grantor (or her successors and assigns in the record ownership
of the underlying real property traversed by the Public Trail and Parking
Easement, or any part thereof) and Grantee, the prevailing party shall be entitled
to an award of its reasonable costs and attorneys' fees incurred in connection
therewith.
6. Binding Effect. This Easement shall be binding upon and inure to
the benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns forever including all future record owners
of the underlying real property traversed by the Public Trail and Parking
Easement, or any part thereof. The benefits and burdens hereof shall also run
with the title to the underlying real property and all parts thereof traversed by the
Public Trail and Parking Easement. This Easement may only be amended by a
writing signed by Grantee and by the then-record owners of the underlying real
property traversed by the Public Trail and Parking Easement.
C:\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 01 06.doc
3
Crown Mountain Trail Easement
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals as of the day and year first above written.
By:
J. Thoma lark, Crown Mountain Ranch LLC, Manager
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
l:he foregoing instrument was acknowledged before me this \;)~ay of
~!t ..jL~ , 2006, by J. Thomas Clark, Manager of Crown Mountain Ranch LLC.
Witness my hand and official seal.
My commission expires: [ .
"3' t I . ~G<:X'S
r=;;,u
Nr'
s'rf~'~
N.YC~';"
GRANTEE:
/
ATTElST: .
. l'
)jil1tmc l 1c~U'--
J eaqette Jones /
Deputy Clerk and ReCorder
A rov
Manager Approval
!h7~>kV--
Hilary County Manager
fle\~\Z.
Recommend for Approval
C\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 01 06.doc
4
Crown Mountain Trail Easement
Dale L. Will, Director
Open Space and Trails
c,-\f\\l: O\,(OlG,V1\)C
COUNTY OF PITKIN
1111111111I11111111111 ~;~~~~~~;~ :1:381
JFlNICE K VOS CI=lUDILL PITKIN COUNTY CO R 0.00 0 0.00
)
The foregoing instrument was ac owl edged before me this ~ day of
:-..... M It" nO{" .
\JC_ <-f ~W'- ~'( ,2006, by P . per as Chair of the Board of County
Commissioners of Pitkin County, Colorado, and attested to by Jeanette Jones as Deputy
~I~ and Recorder of Pitkin County, Colorado.
~<Y....;....F.~~
' ~~ 'ft ... ~ess my hand and official seal.
'1}tll"ln.Y , ... ,,",f<lq~
, 'j;},'.,J;\....\tJ!.t:Pmmission expires: IlII'MrMI1
~,~'~~ -dI'
~ ~~4
'IJ,"" ~Ct\ Not Public
o/-tJ :;
C:\KBR\Clark Tom\Crown Mtn PUBLIC TRAIL AND PARKING EASEMENT 12 01 06.doc
5
EXHIBIT A
Trail
~ Trailhead
C3 Clark Ranch
111111111111111I11 111111 ~~~~/~~;~ :138
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00