HomeMy WebLinkAboutbocc.ord.017.2000 1I11111IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IN
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING THE OPEN SPACE ACQUISITION AND
SUBDIVISION EXEMPTION OF
TRIMBLE-THOMAS PROPERTY
ORDINANCE ##MOOD
RECITALS
1. The Pitkin County Open Space and Trails Board of Trustees is charged with the
responsibility of recommending to the Board of County Commissioners the acquisition of open
�. space properties within Pitkin County.
1 2. The Pitkin County Open Space and Trails Board of Trustees has designated certain
types of properties for acquisitions, including land with scenic vistas, wildlife habitat, recreational
lands, and agricultural lands.
3. The Thomas and Trimble properties ("Properties") consist of historic agricultural
lands and wetlands along the Roaring Fork River, and the scenic vistas of the riparian corridor
and open spaces leading into the adjoining hillsides are spectacular. The Properties provide a link
to public lands on both sides of Highway 82, and the rail-trail corridor traverses the properties.
The Properties are located in Pitkin and Eagle Counties, and total approximately 71A acres, of
Q, which 58 are in Pitkin County.
4. The Open Space and Trails Board of Trustees, by Resolution 99-8, has
recommended that the County spend $1,000,000.00 of Open Space and Trails funds for the
` a acquisition of the Thomas and Trimble properties, due to the scenic, wildlife, open space, and
recreation value of these properties to the public. Negotiations by The Trust for Public Lands
("TPL") with the owners commenced in the summer of 1999 and have been ongoing since that
time. Option contracts for the acquisition were finalized between the owners of the Properties
and the Trust for Public Lands ("TPL") in October, 1999, and the options must be exercised by
April 30, 2000, with closing to occur within thirty days thereafter.
5. TPL has obtained GOCO funding for the acquisition in the amount of
$400,000.00 and an additional $45,000.00 from the Colorado Division of Wildlife and $30,000
from Eagle County. The Town of Basalt has also agreed to subject its two acre parcel adjacent
ti to the Properties to a conservation easement to be held jointly by Pitkin County and the Roaring
Fork Conservancy and to take title to the 6.7 acre Thomas property in Eagle County, subject to
the same conservation easement, in Eagle County.
6. TPL has proposed to convey a portion of the Properties to Pitkin County and
subject other portions to a conservation easement with Pitkin County and The Roaring Fork
Conservancy as co-grantees, on terms and conditions set out in the Purchase Agreement attached
hereto as Exhibit 1. The legal descriptions of the Properties are attached as exhibits to the
Purchase Agreement.
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7. For its contribution, the County will receive fee ownership of approximately 65
acres of land, subject to a conservation easement with the Roaring Fork Conservancy as Grantee,
and a conservation easement on 8.7 acres with the Roaring Fork Conservancy as co-grantee,
which includes the two acre Basalt parcel, all as described more particularly in Exhibit 1. The
conservation easements are attached as Exhibits 2 and 3.
8. One of the property owners, Vivianne Thomas, desires to convey all but ten(10)
acres of property which she owns, reserving the ten acre site for construction of a single Family
residence and caretaker dwelling unit not to exceed a total of 5,000 square feet of floor area, plus
a barn for agricultural purposes only. The larger 68 acre parcel, and the two lots that would he
created to facilitate this acquisition, are described in Exhibit 4, attached and incorporated by this
reference. A ten acre lot for a single family residence in that location is consistent with its
zoning, which is AFR-10.
9. The Board of County Commissioners finds that the subdivision of the larger
parcel described in Exhibit 4, which is the draft subdivision exemption plat prepared by Louis
Buettner, and conveyance of the larger lot, proposed Lot 2, to the County, under the
circumstances described above, for open space and trails uses and purposes, is not a subdivision
within the purpose of C.R.S. §30-28-101, et seq.
10. The Board of County Commissioners has the power pursuant to C.R.S. §30-28-
101(10) (d) to exempt this division of land from the definition of the terms subdivision and
subdivided land.
11. Because this transaction predates the moratorium imposed by Ordinance 2000-
002B, development of the ten acre parcel in accordance with the conditions recited herein is
exempt from the moratorium of Ordinance 2000-002B.
NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of
Pitkin County, Colorado as follows:
1. The Board accepts the recommendation of Resolution 99-8 of the Open Space and
Trails Board of Trustees and approves the acquisition of the property from TPL in accordance
with the Purchase Agreement attached as Exhibit 1, subject to satisfaction of the conditions set
forth in paragraph 5.
2. The division of Vivianne Thomas property described in Exhibit 4 to effect the
acquisition for open space and trails uses and purposes, is exempt from the definition of
subdivision, and the subdivision of such Property for the sole purpose of facilitating this
acquisition is approved, subject to satisfaction of the conditions in paragraph 5.
3. The parcel to be retained by Vivianne Thomas as described in Exhibit 4, shall be
restricted to a total of 5000 square feet of floor area for a combination single family dwelling and
and attached or detached caretaker dwelling unit, and, in addition to the 5000 square feet for such
combined residential uses, a barn for agricultural purposes. All structures shall be setback at least
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50 feet from the homesite parcel boundaries and 50 feet from the home supply ditch, whichever
is most restrictive. This restriction shall appear as a plat note on the Subdivision Exemption Plat.
The caretaker dwelling unit requires special review approval, and any development must first
obtain a 1041 review for approval of a building envelope. The Subdivision Exemption Plat to be
recorded may include the building envelope if the 1041 approval is also reflected on the Plat.
4. Development of the ten acre parcel is exempt from the moratorium imposed by
Ordinance 2000-002B.
5. The Chair is authorized to execute the Purchase Agreement attached as Exhibit 1
and the acceptance of a deed from The Trust for Public (Lands for the property described therein
and such other documents as may be necessary to finalize this transaction, including a
Subdivision Exemption Plat, following approval of the form of those documents by the Open
Space and Trails Director and the County Attorney's Office and such other staff as may be
required, and following satisfaction of the following conditions:
A. Acceptance of the Appraisal by Open Space and Trails Director and the County
Attorney's Office. Receipt, review and approval of the appraisal prepared by Weston and
Associates for TPL showing a market value of the property interest sufficient to justify
this acquisition.
B. Receipt of an original, executed Purchase Agreement from TPL, in substantially
the form attached as Exhibit 1 to this Ordinance but revised to include the requirement
that the 64.7 acres be subject to a conservation easement granted by TPL to the Roaring
Fork Conservancy in a form acceptable to the Open Space and Trails Director and the
County Attorney's Office, such conservation easement to be granted after TPL takes title
to the 64.7 acres and immediately before conveying the 64.7 acres to Pitkin County.
C. Confirmation in a form acceptable to the Open Space and Trails Director and the
County Attorney's Office that the 2 acre parcel owned by the Town of Basalt will be
subject to a conservation easement as of the date of closing on this acquisition.
D. Acceptance of title commitments by Open Space and Trails Director and the
County Attorney's Office, including, but not limited to, resolution of encroachments
disclosed on the subdivision exemption plat prepared by Louis Buettner.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AND
SECOND READING ON THE 22ND DAY OF MARCH, 2000.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 1st DAY OF APRIL,2000.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12Tn
DAY OF APRIL, 2000.
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PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 22ND DAY OF APRIL, 2000.
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
A'rTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jean ate Jones Shellie Roy Harper, Chair
De ty Clerk Date: Z040
APPROVED AS TO FORM:
De or Quinn Suz Konch
Assistant County Attorney Co Manager
D e Will,lYirector
Open Space and Trails Program
c:\home\vickiv\ords\trimbleord.doc
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�Afflbi r /
PURCHASE AGREEMENT
This Purchase Agreement is made by and between the TRUST FOR PUBLIC LAND, a
nonprofit California public benefit corporation ("TPL" or "Seller"), authorized to do business in
the State of Colorado, and PTTKIN COUNTY, COLORADO, a body politic and political
subdivision of the State of Colorado (the "County" or "Buyer").
RECITALS
A. TPL owns or shall own or control by the Closing Date approximately 71.4 acres of certain
real property located in Pitkin County and Eagle County, Colorado, as described in Exhibit A
attached hereto and incorporated herein by reference (the "Property"). The interest in the
Property to be transferred to the County shall be (1) fee simple title to 64.7 acres, more or less,
(the "Real Property") and (2) a conservation easement on the 8.7 acres, more or less, of the
Property in the form of Exhibit D hereto (hereinafter referred to as the "Conservation
Easement"). The 64.7 acre parcel is described in Exhibit B hereto which is incorporated herein
by reference. The 8.7 acre parcel is described in Exhibit C hereto which is incorporated herein
by reference. Collectively the Real Property and the Conservation Easement are called the
Property Interests. The Real Property when title is transferred by TPL to the County shall, at the
County's direction, be subject to a Deed of Conservation Easement in the form of Exhibit E
attached hereto and incorporated herein by reference.
B. The validity of this Agreement is conditioned upon TPL purchasing the Property from the
current owners of the Property.
TERMS
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the
parties agree to be bound as follows:
1. Property and Acquisition Amount.TPL is or will be by Closing, as defined below, the
owner or in control of the Property. The County has determined the need to acquire the Real
Property and the Conservation Easement on the Property. The total acquisition amount for the
Property is $1,475,000. The County agrees to pay to TPL for acquisition of the Property Interests
from TPL the total sum of One Million Dollars ($1,000,000.00) (the "Acquisition Amount"),
subject to the terms and conditions set forth below and the receipt by TPL of$475,000.00 from
sources other than the County.
2. No Personal Property. The parties acknowledge that no personal property is being
acquired and that no personal property is located on the Property Interests.
3. Risk of Loss for Damage to Improvements. TPL or its predecessor shall be responsible
for the risk of loss prior to Closing.
4. Deed. TPL shall cause title to the Real Property to be transferred to the County by
Special Warranty Deed and shall cause the Conservation Easement to be transferred to the
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County by Special Warranty Deed of Conservation Easement substantially in the form of Exhibit
D. Title to the Real Property shall be transferred free and clear of all liens and encumbrances
and subject only to those matters identified on Exhibit F (the "Real Property Permitted
Exceptions"). Title to the Conservation Easement shall be transferred free and clear of all liens
and encumbrances and subject only to those matters identified on Exhibit G (the "Conservation
Easement Permitted Exceptions").
5. Escrow and Prorations. The Acquisition Amount shall be due in full at Closing. The
date of closing shall be used for proration of property taxes and other similar costs, if any.
6. Security Interest. Monies payable under this Agreement may be due to TPL's
predecessor in interest. TPL shall utilize funds as are necessary from the Acquisition Amount
to satisfy any such amounts due in order that the Real Property and the Deed of Conservation
Easement be transferred to County free and clear of financial liens and encumbrances.
7. Possession and Closing. Possession shall be given to the County on the date of closing.
Closing shall be on or before June 21, 2000, or such other date as the parties shall mutually
agree to in writing.
8. Water Rights.There are certain water rights associated with the Property, which shall
be transferred to the County as part of this transaction by bargain and sale deed or assignment
without warranty; provided however, that TPL has agreed to give a credit to the County at
Closing on the Settlement Statement in the amount of$7,500.00 for repair of the Cramer
Ditch. Said water rights are more particularly described in Exhibit H hereto which is
incorporated herein by reference. In addition, there is a ditch assessment on the Property from
the Home Supply Ditch Company.
9. Inspection Rights.
a. Title Commitment. TPL has furnished to the County portions of the following current
title commitments covering the Property(the "Commitments") issued by the following Title
Insurance Companies (the "Title Companies"), subject to the requirements and exceptions set
forth therein:
(i) No. PCT 15169 [Thomas 6.7 acre parcel - fee] issued by Pitkin
County Title, Inc.
(ii) No. PCT 14862 [Trimble 58 acre parcel - fee] issued by Pitkin
County Title, Inc.
(iii) No. PCT 14862 [Trimble 6.7 acre parcel —Conservation
Easement] issued by Pitkin County Title, Inc.
(iv) No. 00027319 [Town of Basalt 2 acres] issued by Stewart Title of
Eagle County, Inc.
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TPL has delivered to County legible copies of all recorded instruments referred to in the
Commitments (the "Title Documents"). County has reviewed the exceptions and accepts same
which shall be listed in Exhibits F and G hereto.
b. Other Inspections/Investigations. County has had opportunity to inspect and investigate
the Property to its satisfaction. County is fully satisfied with the condition of the Property.
c. Appraisal. TPL has furnished to the County an appraisal of the Property, prepared by
Weston & Associates dated March 20, 2000, showing the fair market value of the Property
Interests to be One Million Four Hundred Seventy Five Thousand Dollars ($1,475,000.00).
County has reviewed and approved the appraisal.
10. Environmental Inspection Rights. TPL has provided the County with copies of the
following environmental reports:
a. Phase I Environmental Site Assessment dated December 30, 1999, prepared by
A.G. Wassenaar, Inc.
b. Limited Site Investigation for the former Basalt Landfill located in Eagle
County, Colorado dated March 6, 2000, prepared by A.G. Wassenaar, Inc.
The County has reviewed and approved the environmental reports. No remediation or
other work is required by the County in order to take title to the Property.
11. No Leases. TPL represents that there are no oral or written leases on all or any portion
of the Property, with the exception of a verbal agricultural and grazing lease with Bill Fender.
12. Broker's Commission. No broker or finder has been used for this transaction.
13. Closing Costs. TPL shall pay for the issuance of a standard coverage title policy for
County at Closing. The parties shall split the closing costs of the title company and shall
share all other costs in accordance with the standard practices of Pitkin County, Colorado.
14. Entire Agreement. This Agreement shall constitute the entire contract between the
TPL and County and no modification hereof shall be binding unless in writing and signed by
both parties.
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15. Conditions Precedent. TPL's acquisition of the Property is a condition precedent to
TPL's obligations under the terms of this Agreement. This Agreement and the obligation of
both parties to perform hereunder is subject to the approval of the Pitkin County Board of
Commissioners.
16. Signage. Upon Closing, the County agrees that TPL may erect a sign on the Property
in accord with County rules and regulations governing same to memorialize TPL's
participation with all other parties in the acquisition of the Property and its use as open space.
17. Town of Basalt Property. As a part of this transaction, TPL shall cause (1) the 6.7
Vivian Thomas Trimble tract to be conveyed to the Town of Basalt and (2) the Town of Basalt
to execute a Deed of Conservation Easement substantially in the form of Exhibit D hereto with
the Roaring Fork Conservancy and Pitkin County as Co-Grantee covering the 8.7 acres
identified in Exhibit C, which includes the two acres currently owned by the City of Basalt
identified in Exhibit C as the 2 acre Town of Basalt Tract.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date (the
"Effective Date") of the last signature set forth below.
THE OR PUBLIC LAND PITKIN COUNTY TRU
y,. By:
Title: Title:
Date: �'lf 0, Date: �a,Z/�D 41
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LIST OF EXHIBITS
A. Property Description (71.4 acres, more or less)
B. Property Description (64.7 acres, more or less)
C. Property Description (8.7 acres, more or less)
D. Deed of Conservation Easement (8.7 acres, more or less)
E. Deed of Conservation Easement (64.7 acres, more or less)
F. Real Property Permitted Exceptions
G. Conservation Easement Permitted Exceptions (8.7 acres, more or less)
H. Water Rights
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EXHIBIT A
Property Description
Trimble Parcel `B" (fee acquisition)
A parcel of land in Pitkin County, Colorado more particularly described as Lot 2, THOMAS
EMMA SUBDMSION EXEMPTION, according to the Plat thereof recorded
2000, in Plat Book , at Page
Thomas Parcel (fee acquisition)
A parcel of land in tract 49,TBS, R87W of the 6'P.M.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 - AP 9 Tract 49, N 00 Deg.02'47" E
104.40'To The True Point Of Beginning;
thence along the tract line AP 8 -AP 9 Tract 49,
00 Deg. 02'47" E 213.73' to the South R.O.W. line of the State Highway;
thence along the South line of the R.O.W. N 63 Deg. 2760" E 237.28;
thence along the South R.O.W. Iine on a curve to the right
458.56' (Radius = 2805.00', Angle =09 Deg. 22' Chord=458.05');
thence along the South line of the R.O.W. N 72 Deg. 50' E 124.82;
thence S 00 Deg. 02'47" 527.04;
thence N 90 Deg. W 756.43'To The True Point Of Beginning
COUNTY OF EAGLE
STATE OF COLORADO
Trimble Parcel (6.7 acres, more or less)
A parcel of land in Tract 61,TBS, R87W of the 6th PM.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 —AP 9 Tract 49, N 00 Deg. 02'47" E 104.40';
thence N 90 Deg. E 756.43'To The True Point Of Beginning;
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thence N 00 Deg. 02'47" E 527.04' to a point on the South R.O.W. line of the State Highway;
thence along the South R.O.W. line of the State Highway N 72 Deg. 50' 51.99';
thence along the South R.O.W. line on a curve to the right 427.29' (Radius=1850.00', Delta= 13
Deg. 14', Chord=426.34');
thence along the South R.O.W. line N 86 Deg. 04' E 33.40;
thence N 80 Deg. 21' E 100.50;
thence N 86 Deg. 04' E 48.30;
thence S 00 Deg. 052' E 300.3 1;
thence N 75 Deg. 58' W 336.69;
thence S 16 Deg. 49' E 443.22;
thence N 90 Deg. W 455.94'To The True Point Of Beginning.
COUNTY OF EAGLE
STATE OF COLORADO
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EXHIBIT B
Property Description
Trimble Parcel "B" (fee acquisition)
A parcel of land in Pitkin County, Colorado more particularly described as Lot 2, THOMAS
EMMA SUBDIVISION EXEMPTION, according to the Plat thereof recorded
2000, in Plat Book , at Page
Thomas Parcel (fee acquisition)
A parcel of land in tract 49, T8S, R87W of the 6`h P.M.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 - AP 9 Tract 49, N 00 Deg.02'47" E
104.40'To The True Point Of Beginning;
thence along the tract line AP 8 -AP 9 Tract 49,
00 Deg. 02'47" E 213.73' to the South R.O.W. line of the State Highway;
thence along the South line of the R.O.W. N 63 Deg. 27'60" E 237.28;
thence along the South R.O.W. line on a curve to the right
458.56' ( Radius = 2805.00', Angle = 09 Deg. 22' Chord=458.05');
thence along the South line of the R.O.W. N 72 Deg. 50'E 124.82;
thence S 00 Deg. 02'47" 527.04';
thence N 90 Deg. W 756.43'To The True Point Of Beginning
COUNTY OF EAGLE
STATE OF COLORADO
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EXHIBIT C
Trimble— Conservation Easement
A parcel of land in Tract 61, T8S, R87W of the 6th PM.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 — AP 9 Tract 49, N 00 Deg. 02'47" E 104.40';
thence N 90 Deg. E 756.43'To The True Point Of Beginning;
thence N 00 Deg. 02'47" E 527.04' to a point on the South R.O.W. line of the State Highway;
thence along the South R.O.W. line of the State Highway N 72 Deg. 50' 51.99;
thence along the South R.O.W. line on a curve to the right 427.29' (Radius=1850.00', Delta = 13
Deg. 14', Chord=426.34');
thence along the South R.O.W. line N 86 Deg. 04' E 33.40';
thence N 80 Deg. 21' E 100.50;
thence N 86 Deg. 04' E 48.30;
thence S 00 Deg. 052' E 300.31;
thence N 75 Deg. 58' W 336.69;
thence S 16 Deg. 49' E 443.22';
thence N 90 Deg. W 455.94'To The True Point Of Beginning.
COUNTY OF EAGLE
STATE OF COLORADO
2 Acre Town of Basalt Tract
A tract of land situated in Lot 2, Section 12, Township 8 South,
Range 87 West of the Sixth Principal Meridian according to the Thomas Withers
Survey of 1889, said tract of land being the same as now situated in Tract 61,
Township 8 South, Ranges 86 and 87 West of the Sixth Principal Meridian
according to the Resurvey of 1927 and more fully described as follows:
Beginning at a point on the northerly line of County Road whence
the South '/4 Corner of Section 12, Township 8 South, Range 87 West of the
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Sixth Principal Meridian (Resurvey of 1927) bears S 67 Deg. 49'40" W 1783.62 feet;
thence N 0 Deg. 52' W 241.18 feet;
thence N 75 Deg. 58' W 336.65 feet;
thence S 16 Deg. 49' E 443.78 feet to a point on the northerly line of said County Road;
thence N 63 Deg. 12' E 226.20 feet along the northerly line of said County Road To The Point
Of Beginning.
COUNTY OF EAGLE
STATE OF COLORADO
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EXHIBIT D
(See Attached)
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PURCHASE AGREEMENT - Page 11
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DEED OF CONSERVATION EASEMENT
THIS DEED CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY
WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE VALUES. THE BOARD OF TRUSTEES OF THE
TOWN OF BASALT HAS FOUND THAT THE ADOPTION OF THE FOLLOWING DEED RESTRICTIONS
ARE IN THE PUBLIC INTEREST.
THIS DEED OF CONSERVATION EASEMENT is made this day of , 2000, by the
Town of Basalt, a statutory town and Colorado municipal corporation having an address at 101 Midland Avenue,
Basalt, CO 81621 ("Grantor"),in favor of the Roaring Fork Conservancy, a Colorado nonprofit corporation, having
an address at 201 Midland Avenue, Suite 140, Basalt, CO 81621 And Pitkin County, a political subdivision and
home rule county of the State of Colorado(Collectively called the "Co-Grantees").
Recitals
A. Grantor is the sole owner in fee simple of approximately two acres of certain real property in
Eagle County, Colorado, more particularly described in the attached Exhibit A and incorporated herein by this
reference(the "Overlook Property"). Grantor is the sole owner of approximately 6.7 acres of real property located in
Eagle County, Colorado, more particularly described on Exhibit B attached hereto and incorporated herein by this
reference (the "Trimble Property"). The Overlook Property and the Trimble Property are collectively referred to
herein as the"Property."
B. The Property possesses natural, scenic, habitat, wildlife migration corridor,recreational and open
space values(collectively, "Conservation Values") of great importance to Grantor,the people of the Town of Basalt
and the people of the State of Colorado.
C. The specific Conservation Values of the Property will be documented in an inventory of relevant
features of the Property ("Baseline Documentation"), which will consist of reports, maps, photographs, and other
documentation that the parties agree will provide, collectively, an accurate representation of the Property at the time
of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the
terms of this grant. The Baseline Documentation will be compiled and distributed to the parties no later than
September 30, 2000. Once completed, the Baseline Documentation shall be attached to and incorporated into this
Deed of Conservation Easement.
D. Grantor intends that the Conservation Values of the Property be preserved and maintained
through consistent land use patterns including, without limitation, those uses existing at the time of this Easement
grant which do not significantly impair or interfere with those values.
E. Grantor further intends to convey to Co-Grantees the right to preserve and protect the
Conservation Values of the Property in perpetuity.
F. Co-Grantee Roaring Fork Conservancy is a publicly supported, tax-exempt nonprofit
organization,qualified under Section 501(c)(3)and 170(h)of the Internal Revenue Code, whose primary purpose is
to protect and preserve the Roaring Fork River and its tributaries.
G. Co-Grantee Pitkin County is a political subdivision of the State of Colorado.
H. Co-Grantees agree to honor the Grantor's stated intentions and to preserve and protect in
perpetuity the Conservation Values of the Property for the benefit of this generation and the generations to come.
DEED OF CONSERVATION EASEMENT—Page 1
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Aereement
IN CONSIDERATION of the mutual covenants, terms, conditions, and restrictions contained in this
Easement and pursuant to the laws of the State of Colorado, in particular C.R.S. § 38-30.5-101, et seq., Grantor
voluntarily grants and conveys to Co-Grantees a Conservation Easement in perpetuity over the Property of the
nature, character and extent set forth below("Easement").
I. Purpose. It is the essential purpose of this Conservation Easement to preserve and protect, in
perpetuity,the natural, ecological,wildlife habitat, scenic,open space,recreational and aesthetic features and values
of the Property. In furtherance of the forgoing, this Conservation Easement is intended to establish permitted uses
of the Conservation Area which are consistent with the purposes of the Conservation Easement and to prevent any
use of the Property that will significantly impair or interfere with the Conservation Values of the Property. Grantor
intends that this Easement will confine the use of the Property tp those activities consistent with the purpose of this
Easement.
2. Rights and Obligations of Co-Grantees. To accomplish the purpose of this Easement, the
following rights are conveyed to Co-Grantees:
a. To identify, preserve and protect in perpetuity the Conservation Values of the Property,
and in the event of their degradation, to compel the restoration of the Conservation Values. In the event such
restoration is required,the standard of such restoration shall be to restore,to the greatest extent possible,the features
constituting the Conservation Values to the same condition in which they existed prior to their material degradation
or destruction.
b. To enter upon the Property to monitor Grantor's compliance with and otherwise enforce
the terms of this Easement; and as may be reasonably necessary to exercise the rights granted in this Conservation
Easement and to enforce its terms.
C. To prevent any activity or use of the Property inconsistent with the purpose of this
Easement and to require the restoration of any damaged areas or features of the Property resulting from any
inconsistent activity or use.
d. To recommend, subject to Grantor's approval, a management plan for the Property to
accommodate Grantor's permitted uses as well as provide for measures to enhance or protect the habitat, stream,
wetlands or riparian viability or other natural features of the Property,and to provide for limited public access.
e. To place signs on the Property,at co-Grantee's expense, visible to the public, identifying
Co-Grantees and their role in conserving the Property, in addition to such other signs as may be agreed upon by the
parties to identify and regulate the limited public access created by the terms of this Conservation Easement. Such
signs shall be designed by Co-Grantees and presented to Grantor for approval of design, size and location, which
approval shall not be unreasonably withheld or delayed.
f. To perform any restoration or improvement measures for the habitat or natural features of
the Property,as detailed in the Management Plan.
g. To construct such improvements, such as viewing platforms, interpretive signs and trails,
for public access to the Property,as detailed in the Management Plan.
h. To allow public access for passive, non-commercial recreational uses, including fishing,
wildlife viewing,and other similar such uses.
3. Baseline Documentation. A collection of baseline data on the Conservation Values of the
Property and its resources (the "Baseline Documentation") shall be prepared as soon as practicable following
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convevance of the Conservation Easement, but in no event later than September 30, 2000. The Baseline
Documentation shall be the property of and shall be owned by the Co-Grantees, provided, however, that before the
Baseline Documentation shall become effective, it must be jointly approved by Grantor and Co-Grantees, evidenced
by the parties executing a signed statement attached to the approved Baseline Documentation report. Once approved
by both Grantor and Co-Grantees, the data and explanatory text, photographs and maps to be assembled in the
Baseline Documentation shall be deemed to provide an accurate representation of the condition of the Property at
the time of this grant(notwithstanding the fact that the Baseline Documentation will be prepared after the effective
date of this grant), and the parties acknowledge that once approved, the Baseline documentation will serve as an
objective information baseline for monitoring compliance with the terms of this Conservation Easement. The
Baseline Documentation shall be prepared at Co-Grantees' expense.
The parties agree that in the event that a controversy arises with respect to the nature and extent of the
biological or physical condition of the Conservation Area,the parties shall not be foreclosed from utilizing all other
relevant or material documents, surveys,reports, and other information to assist in the resolution of the controversy
in addition to the Baseline Documentation.
4. Prohibited Uses. Any activity or use of the Property inconsistent with the purpose of this
Easement is prohibited; provided that nothing contained herein shall prevent Grantor from engaging in any activity
on the Property reasonably required under the environmental laws, whether federal, state or local, including but not
limited to laws governing the regulation and remediation of environmental contaminants, toxic materials or
hazardous wastes. Without limiting this general prohibition, the following activities and uses are expressly
prohibited as indicated:
a. Recreational Uses. Any recreational uses not specifically permitted in this Easement,
including any recreational uses which would require development of the Property, for example, and not by way of
limitation,ball courts or ball fields.
b. New Structures and Improvements. New buildings and other structures not specifically
permitted as provided in this Easement.
C. Subdivision. Any division or subdivision of title to the Property, whether by physical or
legal process.
d. Timber Harvesting. No timber harvesting, except with the advance permission of the
Co-Grantees, to control insects and disease, to control invasive non-native species, and to prevent personal injury
and property damage. Commercial timber harvesting on the Property is prohibited.
e. Mining. The mining or extraction of soil, sand, gravel, rock, oil,natural gas, fuel or any
other mineral substance is prohibited except in connection with the existing composting operation on the Property
and with any remediation activities.
f. Paving and Road and Trail Construction. No portion of the Property may be paved or
otherwise covered with concrete,asphalt,or any other paving material without the advance written permission of the
Co-Grantees, and only if Co-Grantees determine that the proposed paving, construction, or location of any road or
trail will not substantially diminish or impair the Conservation Values of the Property or is not otherwise
inconsistent with this Easement.
g. Trash. The dumping or uncontained accumulation of any trash, refuse or debris on the
Property is prohibited,except for organic matter in connection with the Town's composting operation,which may be
increased in size as demand for composting increases,as will be specified in the Management Plan.
h. Commercial or Industrial Activity. All commercial or industrial uses of the Property are
prohibited,except as specifically permitted in this Easement.
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5. Reserved Rights and Permitted Uses. Grantor reserves to itself, its successors and assigns, all
rights accruing from ownership of the Property, including the right to engage in or to permit or invite others to
engage in all uses of the Property not inconsistent with the purposes of this Easement, and after notice to Co-
Grantees. Grantor expressly reserves the right to conduct the following permitted uses, but only to the extent that
they do not interfere with the purposes of this Easement, especially the wildlife migration corridor and only until
Co-Grantees provide a different location on other property that Co-Grantee Pitkin County will acquire from TPL or
if such different location shall become unavailable for these uses:
a. composting operation on the Overlook Property;
b. a dirt screening operation on the Overlook Property;
C. operation of an organic nursery and garden for community purposes on the Overlook
Property;
d. structures and improvements necessary for the these operations;
C. fences necessary for the reasonable and customary management of wildlife, recreation
uses,or for separation of uses. Any existing fences may be removed or repaired. Any new fencing shall be of such
height and type of construction that is designed to prevent interference with wildlife in accordance with Colorado
Division of Wildlife standards;
f. any necessary or required remediation;
g. any emergency activity necessitated by virtue of fire, flood, act of God or other element
or cause beyond the control of Grantor.
6. Notice of Intention to Undertake Permitted Actions. Except with respect to emergency activities,
Grantor shall notify Co-Grantees prior to undertaking permitted activities to afford Co-Grantees an opportunity to,
ensure that the activities are carried out in a manner consistent with the purposes of this Easement. Whenever notice
is required, Grantor shall notify Co-Grantees in writing not less than thirty (30) days prior to the date Grantor
intends to undertake the activity. Notice shall describe the nature, scope, design, location, timetable, and any other
information material to the proposed activity in sufficient detail to permit Co-Grantees to make an informed
judgment of its consistency with the purposes of this Easement. The parties may satisfy this notice requirement in
their Management Plan. Notices shall be sent by registered or certified mail to the addresses set forth below,or such
other address as the parties designate in writing.
7. Co-Grantees' Approval. Where Co-Grantees' approval is required, Co-Grantees must grant
approval or withhold approval in writing within thirty(30)days of receipt of Grantor's written request.Co-Grantees'
approval may be withheld only upon a reasonable determination that the action as proposed would be inconsistent
with the purposes of this Easement. Any written denial of approval to undertake an activity shall specifically
describe the reasons such approval is withheld, including a specific listing of the purposes of this Easement with
which the proposed activity is inconsistent.
8. Management Plan. The Property shall be operated and managed in accordance with a land
stewardship and management plan prepared by and acceptable to Grantor and Co-Grantees (the "Management
Plan"). The first Management Plan shall be prepared and approved by March 31,2001, and shall be updated every
five(5)years.
9. Enforcement. Co-Grantees shall have the right to prevent, correct or require correction of
violations of the terms and purposes of this Easement. Co-Grantees may enter and inspect the Property for
violations. If Co-Grantees find what they believe is a violation, Co-Grantees shall immediately notify Grantor in
writing of the nature of the alleged violation. Upon receipt of this written notice, Grantor must either(a)restore the
Property to its condition prior to the violation, or (b) provide Co-Grantees a written explanation of the reason the
alleged violation should be permitted or is not a violation of this Easement. If the Grantor offers justification for
permitting the alleged violation,all parties agree to meet as soon as possible to resolve this difference. If a resolution
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cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt
resolution. When Co-Grantees determine an ongoing or imminent violation could irreversibly diminish or impair the
Conservation Values of the Property, Co-Grantees may, at their discretion, take appropriate legal action. Grantor
must discontinue any activity constituting the alleged violation during the mediation process. Should mediation fail
to resolve the dispute to the satisfaction of the parties, either parry may, at their discretion, take appropriate legal
action. If a court determines that a violation is imminent, exists, or has occurred. Co-Grantees may request a
temporary or permanent injunction.A court may also issue an injunction to require Grantor to restore the Property to
its condition prior to the violation.
10. Costs of Enforcement. Any costs incurred by Co-Grantees in successfully enforcing the terms of
this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of
restoration necessitated by Grantor's violation of the terms of this Easement shall be home by Grantor. If Grantor
prevails in any action to enforce the terms of this Easement, Grantor's costs of suit, including, without limitation,
attorneys'fees,shall be borne jointly and severally by Co-Grantees.
11. Co-Grantees' Discretion. Enforcement of the terms of this Easement shall be at the discretion of
Co-Grantees.Any forbearance by Co-Grantees to exercise their rights in the event of a breach of this Easement shall
not be deemed or construed to be a waiver by Co-Grantees of the breach or of any subsequent breach of the same or
any other term of this Easement or of any of Co-Grantees' rights under this Easement. Co-Grantees' delay or
omission in exercising any right or remedy upon Grantor's breach shall not impair any right or remedy construed as
a waiver.
12. Statute of Limitations. The parties agree that the statute of limitations applicable to contract shall
apply to any proceeding to enforce this Conservation Easement. Grantor hereby specifically waives any defense
available to Grantor pursuant to C.R.S. §38-41-119.
13. Acts Beyond Grantor's Control. No event shall be construed to entitle Co-Grantees to bring any
action against Grantor for injury to or change in the Property resulting from causes beyond Grantor's control,
including,without limitation, fire, flood, riverbank erosion, storm, drought, earth or underground water 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.
14. Access. The Grantor specifically reserves the right to close or limit access to the Property in the
interest of the public health, safety and welfare or to protect the Conservation Values, except for the limited public
access set forth in the Management Plan and the other public uses permitted by this Easement. Specifically, the
public may continue access for fishing and for wildlife observation, in such areas and at such times as may be
specified in the Management Plan.
15. Costs and Liabilities. Except as expressly provided herein, Grantor, its successors and assigns,
shall retain all responsibility and shall bear all cost and liabilities of any kind incident to ownership of the Property.
Grantor and Co-Grantees shall keep the Property free from any mechanics liens related to work performed on behalf
of them. The parties acknowledge that Co-Grantees shall be solely responsible for the maintenance, repair and
replacement of all trails and related improvements existing upon the Property or placed on the Property in the future
by Co-Grantees,if any,and shall maintain liability insurance coverage related to such trails and improvements.
Grantor agrees to carry or to require its agents, consultants and contractors who conduct any activity on the
Property to cant'not less than $1,000,000.00 comprehensive general liability insurance. The Co-Grantees shall be
named as additional insureds under such liability policy. Grantor shall be responsible for(1)the grossly negligent
actions of its officials, employees and agents in the performance or failure to perform incident to this Easement, and
(2) injury to or the death of any person, or physical damage to any property, resulting from any act, omission,
condition, or other matter related to or occurring on or about the Property, regardless of cause unless due to the
negligence or willful action or inaction of the Co-Grantees.
It is agreed that Grantor's liability will not exceed any applicable limit set forth in the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. The Grantor does not waive or intend to
waive the limitations on liability provided to Grantor under the Colorado Governmental Immunity Act. In assuming
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responsibility for the grossiv negligent acts or omissions of its own officials, agents and employees in the
performance or failure to perform incident to this Agreement, the Grantor in no way assumes responsibility for the
negligence or intentional misconduct of the employees or agents of Co-Grantees.
Nothing in this Conservation Easement shall be construed as giving rise to any right or ability of the Co-
Grantees to exercise physical or managerial control of the day to day operations of the Property, or of any of the
Grantor's activities on the Property, or otherwise become an 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 remediation of
contamination. Grantor acknowledges that neither shall this Conservation Easement make either Co-Grantee an
owner or responsible party in regard to the Property pursuant to such laws.
16. Taxes. Each Co-Grantee,Grantor, its.successors and assigns, shall pay all taxes, assessments, fees
and charges of whatever description levied on or assessed against the Property by competent authority(collectively
"Taxes"),as a result of such Co-Grantees' or Grantor's interest in the'Property or this Easement.
17. Noxious Weeds. Grantor and Co-Grantees, their successors and assigns, shall comply with the
Colorado Noxious Weeds Act(hereinafter "Act"), C.R.S. § 35-5.5-101 as the same now exists or may be amended
from time to time, in connection with the Property. Weed management and responsibility therefore between the
Town of Basalt and Pitkin County shall be addressed in the Management Plan, and the Roaring Fork Conservancy
shall not be required to contribute financially for weed management.
18. Amendment. The fact that any use of the Property that is expressly prohibited by this
Conservation Easement, or any other use as determined to be inconsistent with the purpose of this Easement may
become greatly more economically valuable than consistent uses allowed by this Easement, or that neighboring
properties may in the future be put entirely to uses that are not permitted hereunder, has been considered by the
Grantor in granting this Conservation Easement. It is Grantor's belief that any such changes will increase the benefit
to the public of the continuation of this Conservation Easement, and it is the intent of both Grantor and Co-Grantees
that any such changes should not be assumed to be circumstances justifying the termination, extinguishment or
automatic amendment of this Conservation Easement.
Notwithstanding the foregoing,however,Grantor and Co-Grantees recognize that circumstances may arise
under which an amendment to or modification of this Conservation Easement would be appropriate, including but
not limited to either Co-Grantees at any time in the future becoming unable to sufficiently provide monitoring and
educational tasks as contemplated herein, due to financial reasons or otherwise.. Accordingly, Grantor and Co-
Grantees may jointly amend this Conservation Easement, provided that no amendment shall be allowed that will
affect the qualification of this Conservation Easement under§ 38-30.5-101,et seq., C.R.S., nor its qualification as a
conservation easement for purposes of the Internal Revenue Code, and any amendment shall be consistent with the
purposes and Conservation Values of this Conservation Easement, and shall not affect its perpetual duration. Any
such amendment shall be recorded in the official records of Eagle County, Colorado. Although this paragraph
recognizes that an amendment to this Conservation Easement may be appropriate in certain circumstances,the terms
of this paragraph do not create an obligation on the part of either Grantor or Co-Grantees to agree to an amendment
requested by another party.
19. Extinguishment. If the purpose of this Easement becomes impossible to accomplish, this
Easement can only be wholly or partially terminated or extinguished by judicial proceedings in a court of competent
jurisdiction.Each party shall promptly notify the other when it first learns of such circumstances.
20. Co-Grantees Assignment. This Easement is transferable. Co-Grantees may only assign their rights
and obligations under this Easement, upon mutually agreement of Co-Grantees, to an 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, and
(b)authorized to acquire and hold conservation easements under Colorado law, particularly C.R.S. § 38-30.5-101,et
seq. As a condition of transfer, Co-Grantees must ensure that the conservation purposes of this Easement continue
to be carried out by the transferee and that the grantee has the financial ability to carry out the purposes hereof.
DEED OF CONSERVATION EASEMENT—Page 6
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21. Subsequent Grantor Transfers. Grantor agrees to incorporate the terms of this Easement into any
deed or other legal instrument by which it divests itself of any interest in the Property, including without limitation,
a leasehold interest. Grantor further agrees to give written notice to Co-Grantees of the transfer of any interest at
least thirty(30)days prior to the date of the transfer. Grantor's failure to perform any act required by this paragraph
will not impair the validity of this Easement or limit its enforceability in any way.
22. Condemnation. In the event of condemnation of all or any portion of the Property, the parties
shall establish their rights to any condemnation award as provided by law.
23. Notices. Any notice, demand, request, consent, approval or communication contemplated by this
Easement shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as
follows:
To Grantor: Town of Basalt
101 Midland Avenue
Basalt,CO 81621
To Co-Grantee: Roaring Fork Conservancy
P.O. Box 323
Basalt,CO 81621
To Co-Grantee: Pitkin County
530 East Main, Suite 301
Aspen,CO $1611
or to other addresses as the parties may designate by written notice to the other.
24. Recordation. This instrument shall be recorded in the records of the Eagle County, Colorado,
Clerk and Recorder. Co-Grantees may re-record it at any time as may be required to preserve their rights in this
Easement.
25. General Provisions.
a. Controlling Law. The interpretation and performance of this Easement shall be governed
by the laws of the State of Colorado.
b. Liberal Construction. This Easement shall be liberally construed to effect the purpose of
the Easement and the policy and purpose of C.R.S. § 38-30.5-101, et seq. If any provision in this Deed of
Conservation Easement is found to be ambiguous,an interpretation consistent with the purpose of this Easement that
would render the provision valid shall be favored over any interpretation that would render it invalid.
C. Severability. If any provision of this Easement, or its application to any person or
circumstance is found to be invalid,the remaining provisions of this Easement,or its application to other persons or
circumstances shall not be affected.
d. Entire Agreement. This Deed of Conservation Easement sets forth the entire agreement
of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Easement,all of which are merged in this Easement.
e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
f. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be
binding upon,and inure to the benefit of,the parties and their respective successors and assigns. This Easement shall
continue as a servitude running in perpetuity with the Property.
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g. Termination of Rights and Oblieations. 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.
h. Captions. The captions in this Deed of Conservation Easement have been inserted solely
for convenience of reference, are not a part of the Easement and have no effect upon its construction or
interpretation.
i. Amendment. Should an amendment to or modification of this Easement become
appropriate, Grantor and Co-Grantees are free to jointly amend this document. Any amendment, must be written,
signed by both Co-Grantees and the Board of Trustees of the Town of Basalt or its successors or assigns, and
recorded in the records of the Eagle County Clerk and Recorder.
TO HAVE AND TO HOLD by Co-Grantees, their Succgssors, and assigns forever, Grantor and Co-
Grantees have executed this Deed of Conservation Easement on the day and year written above.
FOR THE G TOR: FOR THE CO-GRANTEES:
TOWN OF1F1 T�j� ROARING FO ERVANCY
By: ' ` �1L-- By:
-/RicArd P. Stevens,Mayor Name: v e-
Date ;kal0u
Title: P 0 E"M/T
ATTEST:.
By:- i i 1ru Date: �vNE aUt 1000
Pamela K. Schilling,Ton Clerk
Date: 5/,-�T kr`
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By:
Jeanette Jones Shellie Roy Harper,Chair
Deputy,Clerk Date:
APPROVED AS TO FORM:
Deborah Quinn Suzanne Konchan
Assistant County Attorney County Manager
Dale Will,Director
Open Space and Trails Program
FORMS OF ACKNOWLEDGMENTS
BasalUgeneral/2conservation.easement.522.2
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EXHIBIT A
Legal Description - Overlook Property
A tract of land situated in Lot 2. Section 12. Township 8 South,
Range 87 west of the Sixth Principal Meridian according to the Thomas withers
survey of 1889, said tract of land being the same as now situated in Tract 61,
Township a south. Ranges 86 and 87 west of the Sixth Principal Meridian
according to the. Resurvey of 1921 and more fully described as follows:
aeginning at a point on the northerly line of County Road whence
the South 114 Corner of section 12. Township 8 South, Range B7 west of the
Sixth Principal Meridian (Neaurvey of 1927) bears S 67.49 '40- w 178J.62 feet;
thence N 0.52' w 241 . 1e feet;
thence N 75.58, w J36.65 feet;
thence S 16.49' E 443 . 78 feet to a point on the northerly line of said
County Road;
thence N 6J'12' E 226.20 feet along northerly line of said County Road
To The POin[ Of Beginning.
COVNT'r OF EAGLE
STATE OF COLORADO
1II1111II 1, 11I11II 11111111 II11111 111I1 I11NI1 111I11I11
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EXHIBIT B .
Legal Description -Trimble Property
A PARCEL OF LAND IN TRACT 61. TBS, R87W OF THE 61A P.M., COUNTY OF EAGLE,
STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A.P. 8 TRACT 49, WHICH IS MONUMENTEO WITH A 1924 GLO
BRASS CAP,
THENCE ALONG THE TRACT LINE AP 6 - AP 9 TRACT 49, N00°02' 4T" E, 104.40';
THENCE N80*E, 756.43' TO THE TRUE POINT OF BEGINNING ;
THENCE._N00*02'4T"E, 52T.04' TO A POINT ON THE SOUTH R. O. W. LINE OF THE
STATE HIGHWAY,.
THENCE ALONG THE SOUTH R. O. W. LINE OF THE STATE HIGHWAY N 72° SO'E,
51.98'�
THENCE ALONG THE SOUTH R. O. W. LINE ON A CURVE TO THE RIGHT 42T. 29'
( R• 1850.00', Al 13' 14', CH.+ 426. 341 ) ;
THENCE ALONG THE SOUTH R.O.W. LINE N 86°04' E , 33.40';
THENCE N 900 21' E , 1 00.50%
THENCE N 66004'£, 46.30'.'
THENCE S 000 52' E, 300.31':
THENCE N TS° 56' W. 336.69',
THENCE S 1 8° 49' E, 443.21':
THENCE N90°W, 455.940 TO THE TRUE POINT OF BEGINNING.
CONTAINING 6.T06 ACRES, MORE OR LESS.
EXHIBIT E
(See Attached)
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PURCHASE AGREEMENT - Page 12
DFF.1) j& CONSF.RVATTON EASEMENT
NOTICE. THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH A GRANT
FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST
FUND ("GRANT"). THIS DEED CONTAINS RESTRICTIONS ON THE USE AND
DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS
OPEN SPACE VALUES. THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND HAS FOUND THAT THE ADOPTION OF THESE DEED
RESTRICTIONS IS IN THE PUBLIC INTEREST.
TIES DEED OF CONSERVATION EASEMENT (the "Conservation Easement") is
made and entered into this _ day of June, 2000 between the Trust for Public Land, a nonprofit
corporation ("Grantor") and the Roaring Fork Conservancy,a nonprofit corporation (the "Grantee").
RFCITA1. S
A. Grantor is the record owner of that certain real property in Pitkin County, Colorado,
consisting of 64.7 acres of vacant land comprised of the 58 acre Parcel A and 6.7 acre Parcel B,
which are more particularly described on Exhibit "A" attached hereto and made a part hereof by this
reference, and which are referred to herein as the "Property". Grantor intends to convey the Property
to Pitkin County following the grant of this Conservation Easement.
B. The Property contains critical wildlife habitat, elk and deer migration corridors,
excellent quality aquatic habitat and wetland and riparian areas, and also contains open space,
agricultural, scenic, and ecological features and values important to the Grantor, the residents of
Pitkin County, Colorado, and the people of the State of Colorado (the "Conservation Values").
C. Preservation of these Conservation Values will yield substantial public benefit.
D. The Property contains approximately 64.7 acres, a portion of which remains in
agricultural use and a portion of which is in a substantially undisturbed and natural state, to be
documented in an inventory of the Property's Conservation Values to be prepared as soon as
weather and conditions permit following the conveyance of this Deed, but no later than September
30, 2000, which inventory will be kept on file at the offices of the Grantee.
E. Grantor desires and intends to enhance, preserve and maintain the ecologic health, the
wildlife habitat, open space character, agricultural operations and scenic and historic qualities and
Conservation Values within and upon the Property, by encumbering the Property in its entirety with
a Conservation Easement for the use and benefit of Grantee, pursuant to the provisions of Section
N-30.5-101, at sec}., Colorado Revised Statutes, which provides for maintenance of these
Conservation Values by the continuation of land use patterns, including, without limitation, farming
and passive recreational uses which do not significantly impair or interfere with those values.
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F. Grantee is a "qualified conservation organization" as defined by the Internal Revenue
Code.
G. Grantor. as owner of the Property, owns the affirmative rights to identify, preserve and
protect in perpetuity its open space character and its significant relatively natural features and
values and further intends, as owner of the Property, to convey to Grantee the right to preserve and
protect the Conservation Values of the Property in perpetuity.
H. By acceptance of this Conservation Easement, Grantee acknowledges its commitment to
honor the intentions of Grantor as expressed herein to preserve and protect in perpetuity the
Conservation Values of the Property for the benefit of this and future generations.
CONVFYANCF.
NOW. THEREFORE, for and in consideration of the facts recited above and for the
purchase price of $10 and of the mutual covenants, terms, conditions, and restrictions contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
confessed and acknowledged, Grantor hereby grants and conveys to Grantee, and its assigns, a
perpetual, irrevocable, conservation easement in gross, pursuant to Section 38-30.5-101, Ct sec}.,
Colorado Revised Statutes (the "Conservation Easement"), over, across and upon the Property as
legally described on Exhibit "A", subject to the terms and conditions hereinafter set forth. Grantee
hereby acknowledges, accepts without reservation and agrees to be bound by the tetras and
conditions of this Conservation Easement.
1, P.iupQse. It is the essential purpose of this Conservation Easement to preserve and
protect, in perpetuity, Conservation Values of the Property, including the Property's natural,
ecological, wildlife habitat, scenic, historic, open space, agricultural and aesthetic features and to
prevent any use of the Property that will significantly impair or interfere with its Conservation
Values. In furtherance of the foregoing objective, this Conservation Easement is intended to
establish permitted uses that are consistent with the purposes of the Conservation Easement, and to
restrict the level of development and human activity in perpetuity.
1 Grnnree.'s Affirmative Rights. To accomplish the purposes of this Conservation
Easement, the following affirmative rights are hereby granted to Grantee:
(A) To identify, preserve and protect in perpetuity, and in the event of their
degradation or destruction, to compel the restoration of, the natural, ecological, wildlife,
open space. historic and scenic features and other Conservation Values of the Property. In
the event such restoration is required. the standard of such restoration shall be to restore, to
the greatest extent possible, the features to the same condition in which they existed, as
documented in the Baseline Documentation (defined below), prior to their degradation or
destruction.
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(B) To enter upon the Property as necessary to exercise the rights herein granted and
to enforce the terms hereof and at a minimum, on an annual basis to monitor the terms of
this Conservation Easement. Grantee shall provide Grantor at least 24 hours advance notice
prior to each visit to the Property by Grantee, unless Grantor agrees in writing to waive the
requirement for a specified time and for a specified use. Grantee's activities hereunder shall
not unreasonably interfere with the uses being made of the Property, consistent with this
Conservation Easement, at the time of such entry. The Grantee shall also have the right of
immediate entry to the Property, if, in its sole judgment, such entry is necessary to prevent
damage to or the destruction of the Conservation Values protected by this Conservation
Easement.
(C) To enjoin any activity on, or use of, the Property which is inconsistent with the
terms and intent of this Conservation Easement and to enforce and compel the restoration of
such areas or features of the Property as may be damaged by such activities, as set forth in
paragraph 23 of this document.
(D) To recommend enhancement measures for the Property, or measures which
would enhance the habitat, stream, wetlands or riparian viability or other natural features of
the Property and to enter upon the property with Grantors permission to perform such
restoration at its own expense at times which will not unreasonably interfere with the uses
being made of the Property.
3. Fncement Dornmenrnrion. A collection of baseline data on the Property and its
resources (the "Baseline Documentation") shall be prepared by the Grantee as soon as practicable
following conveyance of this Conservation Easement to Grantee. The Baseline Documentation
shall be the property of and shall be deemed owned by the Grantee; however, before the Baseline
Documentation becomes effective, the Baseline Documentation must be jointly approved by
Grantor and Grantee, evidenced by the parties executing a signed statement attaching the approved
Baseline Documentation report. The Grantor hereby grants Grantee or Grantee's agent(s) access to
the portions of the Property necessary in order to prepare the Baseline Documentation. The data
and explanatory text, photographs and maps to be assembled in the Baseline Documentation is
agreed by the parties hereto to provide an accurate representation of the Property at the time of this
grant, notwithstanding the fact that the Baseline Documentation will be prepared after the effective
date of this grant, and the parties acknowledge that the Baseline Documentation will serve as an
objective information baseline for monitoring compliance with the terms of this Conservation
Easement. Grantee shall bear the expense of the preparation of the Baseline Documentation, but
Grantor's successor, Pitkin County, has agreed to provide staff technical assistance for development
of the baseline documentation. The parties agree to complete the Baseline Documentation by
September 30, 2000.
The parties agree that, in the event a controversy arises with respect to the nature and extent
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of the biological or physical condition of the Property, the parties shall not be foreclosed from
utilizing all other relevant or material documents, surveys, reports, and other information to assist in
the resolution of the controversy.
4, Consistent ITses. The following uses and practices, though not an exhaustive recital of
consistent uses and practices, are consistent with this Conservation Easement when carried out in
the Property, and these uses and practices shall in no way be precluded by this Conservation
Easement, to wit:
(A)The installation, repair and maintenance of water wells, irrigation systems,ponds,
streams and irrigation ditches and agricultural outbuildings, such as a livestock or hay bams, tool
sheds, and greenhouses, subject to the prior written approval bf the Grantee, such approval to be
based upon a determination by Grantee that the proposed location and installation,repair and
maintenance of water wells, irrigation systems, ponds, streams and irrigation ditches and
agricultural outbuildings will not diminish or impair the Conservation Values of the Property, or is
otherwise consistent with this Conservation Easement, and such approval shall not be unreasonably
withheld.
(B) The installation, repair and maintenance of buildings used for public
interpretation and education regarding the conservation values of the Property, subject to the
prior written approval of the Grantee, such approval to be based upon a determination by
Grantee that the proposed location and installation, repair and maintenance of buildings
used for public interpretation and education regarding the conservation values of the
Property will not diminish or impair the Conservation Values of the Property, or is
otherwise consistent with this Conservation Easement, and such approval shall not be
unreasonably withheld.
(C) The taking of such reasonable steps as are necessary to control erosion to
prevent sedimentation of streams or ponds on the Property.
(D)The installation, repair and maintenance of fencing consistent in height and type
of construction with Colorado Division of Wildlife standards designed to prevent
interference with wildlife.
(E) Such cutting and removal of dead, dying or diseased timber or brush as may be
reasonably necessary for fire protection or disease prevention purposes, however, Grantor is
encouraged to leave standing dead timber for habitat purposes to the extent such dead
timber does not pose a danger. Except in emergency circumstances, Grantor shall obtain
the prior consent of Grantee for any substantial level of such activity, which consent will not
be unreasonably withheld.
(F) The pasturing, grazing, feeding and care of domestic animals, provided,
however, that such livestock shall be excluded by fencing or other suitable means from
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riparian and wetland areas.
(G) Passive, non-motorized (except as provided herein), non-commercial (except as
provided herein) uses, including hiking, fishing and cross-country skiing, all in accordance
with standards intended to assure non-interference with the critical wildlife, riparian,
wetland and river habitat; and including development of new trails for such uses either by
Grantee in conformance with the public access tights granted by this Conservation
Easement or by Grantor (subject to the prior written approval of the Grantee, such approval
to be based upon a determination by Grantee that the location of any trail will not
substantially diminish or impair the Conservation Values of the Property, or is otherwise
consistent with this Conservation Easement, and such approval shall not be unreasonably
withheld).
(H) Farming and ranching (including community or market gardens, plant nursery,
composting, dirt screening, and the cultivation of alfalfa and other grasses customarily
planted in the area); plowing and reseeding in accordance with good farming practices; the
use of agricultural motorized vehicles; the construction of improvements reasonably
necessary for such agricultural uses as described in subparagraph 4(A), above, and taking
the agricultural portion of the Property out of irrigation, so long as noxious weed control
methods are instituted, native grasses and plants are used to revegetate the formerly irrigated
fields, and other prudent practices are adopted to prevent the deterioration of the Property
once irrigation is terminated.
(1) Performance of any restoration or improvement measures for the habitat or
natural features of the Property as recommended and/or approved by Grantee, including,but
not limited to, the construction or modification of a wildlife underpass or overpass across
Colorado State Highway 82.
5. Prnhihired [iscs_ The following uses and practices by Grantor, though not an exhaustive
recital of inconsistent uses and practices, are inconsistent with the purposes of this Conservation
Easement and shall be prohibited:
(A) The material change, disturbance, alteration or impairment of the natural,
ecological, historic, wildlife, open space or scenic features or other Conservation Values,
except as otherwise permitted in this Conservation Easement.
(B)The Development of any Structures or roads on the Property(as such terms are defined
in the current version of the Pitkin County Land Use Code, attached hereto as Exhibit'B"),except
as permitted in this Conservation Easement or as requested by Grantor(subject to the prior written
approval of the Grantee, such approval to be based upon a determination by Grantee that the
construction of and proposed location of any Structure, Development, or road will not diminish or
impair the Conservation Values of the Property,or is otherwise consistent with this Conservation
Easement, and such approval shall not be unreasonably withheld). The prohibition set forth in this
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subparagraph shall continue even if the Pitkin County Land Use Code is revised to amend or
eliminate such definitions or if the Property, or any portion of the Property, is annexed into a
municipality which does not adopt the same definitions of"Development" and "Structure" as
currently exists in the Pitkin County Land Use Code. No portion of the Property shall be paved or
otherwise covered with concrete, asphalt, or any other paving material, nor shall any road or trail
be constructed without the advance written permission of Grantee. Grantee shall give such
permission within a reasonable time, unless Grantee determines that the proposed paving or
covering of the soil, or the location of any road or trail, will substantially diminish or impair the
Conservation Values of the Property or is otherwise inconsistent with this Deed, and such
permission shall not be unreasonably withheld.
(C) The removal, destruction, spraying or cutting of native vegetation or timber
except as permitted in this Conservation Easement.
(D) The introduction of non-native plant or animal species to the Property, except
as permitted pursuant to paragraph 4 of this Conservation Easement. Domestic livestock
otherwise permitted pursuant to paragraph 4(1) shall not be permitted to drink or graze
within wetland or riparian areas as depicted or noted in the Baseline Documentation.
(E) The exploration for or extraction of minerals, oil, gas, or other hydrocarbons,
soils, sands, gravel, or other materials (but not including water) on or below the surface of
the Property.
(F) The dumping or other disposal of refuse, garbage, or other unsightly, hazardous
or offensive material.
(G) The use of motorized vehicles except as may be necessary in conjunction with
farming and ranching, or land management consistent with this Conservation Easement or
emergency vehicles.
(H) The operation of a commercial feed lot, or any other commercial or industrial
used not specifically permitted herein
(1) Subdivision of any portion of either Parcel A or Parcel B, which together
comprise the Property
(J) Signnop nr Billboards. No commercial signs, billboards, awnings, or advertisements
shall be displayed or placed on the Property, except for appropriate and customary ranch or
pasture identification signs, "for sale" or"for lease" signs alerting the public to the availability of
the Property for purchase or lease, "no trespassing" signs, signs regarding the private leasing of
the Property for hunting, fishing or other low impact recreational uses, signs informing the public
of the status of ownership, and other signs specifically permitted herein. No signs shall
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materially adversely affect the Conservation Values of the Property.
6. Grantee Approval of ITnlisted hot C'nnsistent 1-es and Practires- Nntice, In the
event Grantor wishes to engage in a use or practice on the Property which is not listed above
as a "Consistent Use" or as a "Prohibited Use", Grantor shall send Grantee written notice of
Grantor's intention to commence or undertake such activity, which notice shall describe all
material aspects of the proposed activity. Said notice (and any other notice required or
permitted hereunder) shall be sent by registered or certified mail, return receipt requested, to
the followinsz address or to such other address as Grantor may from time to time be
informed of in writing by Grantee:
Roaring Fork Conservancy
P.O. Box 323
Basalt, CO 81621
Grantee shall have thirty (30) days from the receipt of such notice, as indicated by the
registered or certified return receipt, to review the proposed activity and to notify Grantor of its
objections thereto. Such objections, if any, shall be based upon Grantee's considered opinion that
the proposed activity is inconsistent with this Conservation Easement. If at all possible, said notice
shall inform Grantor of the manner in which the proposed activity can be modified to be consistent
with this Conservation Easement.
Grantee's response to Grantor's notice, and any other notice that may be required or
permitted of Grantee hereunder, shall be sent by registered or certified mail, return receipt
requested. to Grantor at the following address, or to such other address as Grantee from time to time
may be informed of in writing by Grantor-
The Trust for Public Land
418 Montezuma Avenue
Santa Fe, NM 87501
Should Grantee fail to post its response to Grantor's notice within thirty (30) days of the
posting of said notice,the proposed activity shall automatically be deemed consistent with the terms
of this Conservation Easement, and Grantee shall have no further right to object to the activity
identified by such notice.
Grantor shall be under no liability or obligation for any failure in the giving of notice as
required above with regard to any activity undertaken by Grantor necessitated by virtue of fire,
flood, act of God, or other element or cause beyond the control of Grantor.
In the event Grantor and Grantee disagree as to whether a particular use or practice is a
"Consistent Use" or a "Prohibited Use", as defined herein, or if Grantor disagrees with a
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determination by Grantee that a proposed activity is inconsistent with this Conservation Easement,
either Grantor or Grantee may submit the dispute to such form of mediation, arbitration, or conflict
resolution as may be mutually acceptable to Grantor and Grantee. In the event of arbitration, the
parties agree that the decision of the arbitrator(s) shall be final and binding upon the parties, and
that the non-prevailing party shall bear the cost of the conflict resolution procedure. However, each
party shall pay its own attorney's fees, if any, regardless of outcome.
Any notice required to be given to the State Board of the Great Outdoors Colorado Trust
Fund shall be addressed to:
Executive Director
State Board of the Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
Or to such other address as the Board shall from time to time designate by written notice to the
Grantor and Grantee.
7. Costsynd I ishilitics. Grantor, Grantor's heirs, successors, representatives and assigns,
retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Property, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor shall add Grantee as an additional
insured to such insurance coverage. Grantor shall keep the Property free of any liens arising out of
any work performed for, materials furnished to, or obligations incurred by Grantor.
8. Taxes and Assessments. Grantor understands that nothing in this Conservation
Easement relieves Grantor of any obligation or restriction imposed by law with respect to the
Property, including the obligation to pay such real estate taxes as may be assessed from time to time
on the Property, except any taxes on this Conservation Easement. Grantor agrees to pay before
delinquency any and all real property taxes, fees, assessments and charges of whatever description
assessed or levied on the Property, except any tax or assessment on the Conservation Easement
granted by this document, and does indemnify the Grantee therefore. Grantor shall furnish Grantee
with satisfactory evidence of payment, upon request. Should Grantor, Grantor's heirs, successors or
assigns, fail to pay any such real property taxes,charges, fees or assessments on the Property,
Grantee may, at its sole discretion and without obligation, pay such taxes, fees, charges or
assessments in accordance with any bill, statement or estimate procured from the appropriate
authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement or
estimate, and the obligation created by such payment shall bear interest until paid by Grantor to
Grantee at the rate of two (2) percentage points over the prime rate of interest from time to time
charged by Norwest Bank of Denver or the maximum rate allowed by law.
9. Water Rights. Grantor shall retain and reserve the right to use water rights listed on
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Exhibit C, to maintain and improve the Conservation Values of the Property, including, but not
limited to, irrigating the historically irrigated agricultural lands protected by this Conservation
Easement, and shall not transfer, encumber, lease, sell or otherwise separate water rights, without
the prior approval of Grantee; and should Grantee determine that any such transfer will not
substantially diminish or impair the Conservation Values of the Property, is justified by
technological improvements in irrigation efficiency, or is otherwise consistent with this
Conservation Easement, such approval shall not be unreasonably withheld.
Grantor agrees that any separation of water rights from the Property allowed by the Grantee
pursuant to this paragraph may not later be alleged to be grounds for extinguishment of the
Conservation Easement pursuant to paragraph 17.
10. Puhfic Access. Public, non-commercial access to the Property is hereby granted by
Grantor to the public as follows; perpetual public fishing access to the Roaring Fork River and
limited access granted for scientific and educational purposes, as described below. Grantor and
Grantee may mutually agree to limit the public access established in perpetuity by the terms of this
Conservation Easement at certain times of year, such as elk or deer calving, fawning or migration
times, in accordance with recommendations of a wildlife biologist familiar with the Property, and
may further limit such access by reasonable rules and regulations designed to preserve the
Conservation Values of the property.
The parties hereto shall revisit from time to time the nature and extent of the public access
created by this Conservation Easement to assure that it does not adversely affect the Conservation
Values of the Conservation Easement. If such values are adversely affected, such public access
may be relocated, restricted or closed, if determined necessary to preserve the Conservation Values.
Grantor agrees it will accommodate requests by the Grantee or other conservation
organizations for access to the Property by local schools to study its natural ecology, and to monitor
water quality, and to learn about conservation and preservation techniques.
11. Manag mew nt Plan_ The parties agree that a land stewardship and management plan for
the property shall be prepared by and acceptable to Grantor and Grantee. The first management
plan shall be prepared and approved by March 31, 2001 and shall be updated every five (5) years.
Permitted uses of the Property shall be addressed in the management plan.
12. Residual Fstnte_ As expressly provided in Section 38-30.5-105 of the Colorado
Revised Statutes, all interests and rights of ownership not transferred and conveyed to Grantee by
this Conservation Easement shall remain in Grantor, including the right to engage in all uses of the
Property which are not inconsistent with the Conservation Easement or prohibited by the
Conservation Easement or by law.
13. Siihcenuent Transfers Grantor agrees to incorporate the terms of this Conservation
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Easement in any deed or other legal instrument by which it divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to
Qive Grantee written notice of the transfer of any interest at least twenty (20) days prior to the date
of such transfer. including the transferee's name, address and telephone number: provided, however,
that no such notice of transfer need be made with respect to the initial transfer to Pitkin County.
The failure of Grantor to perform any act required by this paragraph shall not impair the validity of
this Conservation Easement or limit its enforceability in any way.
14. Hold Harmless. To the extent permitted by law, Grantor shall hold harmless,
indemnify and defend Grantee, its board members, employees, agents 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: (1) injury to or the death or any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or occurring on or
about the Property, regardless of cause, unless due solely or in part to the negligence of any of the
Indemnified Parties: (?) the presence or release of hazardous or toxic substances on, under or about
the Property, unless such release was caused by an Indemnified Party. For the purpose of this
paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance that is
regulated under any federal, state or local law.
Nothing in this Conservation 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 the Grantor's activities on the Property, or otherwise become an 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 remediation of contamination. Grantor
acknowledges that neither shall this Conservation Easement make the Grantee an owner or
responsible party in regard to the Property pursuant to such laws.
15. Amendment. The fact that any use of the Property that is expressly prohibited by this
Conservation Easement, or any other use as determined to be inconsistent with the purpose of this
Easement may become greatly more economically valuable than consistent uses allowed by this
Conservation Easement, or that neighboring properties may in the future be put entirely to uses that
are not permitted hereunder, has been considered by the Grantor in granting this Conservation
Easement. It is Grantor's belief that any such changes will increase the benefit to the public of the
continuation of this Conservation Easement, and it is the intent of both Grantor and Grantee that
any such changes should not be assumed to be circumstances justifying the termination,
extinsuishment or automatic amendment of this Conservation Easement. In addition, the inability
to carry on any or all of the Consistent Uses, or the unprofitability of doing so, shall not impair the
validity of this Conservation Easement or be considered grounds for its termination,extinguishment
or automatic amendment.
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Notwithstanding the foregoing, however, Grantor and Grantee recognize that circumstances
may arise under which an amendment to or modification of this Conservation Easement would be
appropriate. Accordingly, Grantor and Grantee may jointly amend this Conservation Easement,
provided that no amendment shall be allowed that will affect the qualification of this Conservation
Easement under applicable laws; and provided, further, that the prior written approval of the State
Board of the Great Outdoors Colorado Trust Fund ("the Board) shall be required. Anv amendment
shall be consistent with the conservation purposes of this Conservation Easement, and shall not
affect its perpetual duration. Any such amendment shall be recorded in the official records of
Pitkin County, and Eagle County, Colorado. Although this paragraph recognizes that an
amendment to this Conservation Easement may be appropriate in certain circumstances, the terms
of this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an
amendment requested by the other party.
16. Fxrinauichmenr. If circumstances arise in the future-such as render the purpose of
this Easement impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part. by judicial proceedings in a court of competent jurisdiction. Each
party shall promptly notify the other when it first learns of such circumstances, and shall, in
addition, notify the Board of such circumstances.
(A) The amount of the proceeds to which Grantee shall be entitled, after the satisfaction
of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the
Property subsequent to such termination or extinguishment, shall be deterrined, unless
otherwise provided by Colorado law at the time, in accordance with paragraph 17 below.
(B) In the event of condemnation or termination, the Board shall be entitled to receive
that portion of the net proceeds of condemnation or sale of the Property attributable to the
Conservation Easement which is equal to a fraction, the numerator of which is the Board's Grant
and the denominator of which is the fair market value of this Easement at the time this Easement
is granted.
(C) The parties acknowledge that the fair market value of this Easement has not been
established at this time. Therefore, the parties hereto agree that in the event of condemnation,
extinguishment, or termination of all or a portion of this Easement, the parties shall jointly
commission and pay for an appraisal. Such appraisal shall determine the following four values:
1) the full fair market value of the unencumbered Property at the time of this Easement; 2) the
fair market value of this Easement at the time of this Easement; 3) the full fair market value of
the unencumbered Property at the time of condemnation or termination; and 4) the fair market
value of this Easement at the time of condemnation or termination.
17. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which the parties stipulate to have a fair market value determined by multiplying the
then current fair market value of the Property unencumbered by the Easement (minus any
increase in value after the date of this Easement attributable to improvements) by the ratio of the
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value of the Easement at the time of the creation of this Easement to the value of the Property,
without deduction for the value of the Easement, at the time of this Easement. The values at the
time of this Easement shall be those values used to calculate the deduction for federal income tax
purposes allowable by reason of this grant. pursuant to Section 170(h) of the Internal Revenue
Code of 1986, as amended. For the purposes of this paragraph, the ratio of the value of the
Easement to the value of the Property unencumbered by the Easement shall remain constant.
18. Cnndemnatinn, 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 accordance with this Easement
and/or applicable law. The Board shall be entitled to compensation from Grantee in an amount
as determined in accordance with paragraph 16 above.
19. Assioopment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an 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 as
a transferee by the State Board of the Great Outdoors Colorado Trust Fund. 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. The Board 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.
20. Recording. Grantee shall record this instrument in timely fashion in the official
records of each county in which the Property is situated, and may re-record it at any time as may
be required to preserve its rights in this Easement.
21, General Prnvicinnc,
(A) Cnntmiling I aw, The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado.
(B) T iheral Conctrnrtion Any general rule of construction to the contrary not
withstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose
of this Easement and the policy and purpose of C.R.S. §38-30.5-101 et seq. If any provision in
this instrument is found to be ambiguous, an interpretation consistent with the purpose of this
Easement that would render the provision valid shall be favored over any interpretation that
would render it invalid.
(C) Severghility If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement,
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.
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(D) Fntire kaareement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged herein.
(E) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(F) roint Ohligatinn. The obligations imposed by this Easement upon Grantors shall
be joint and several.
(G) Ikon-Mew r. No merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting this Deed of Conservation 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 the Board approving such merger of estates or interests.
(H) Snccessnrs. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs. successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
(n Termination of Rights and Ohligntinns. 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.
(J) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
(g) Termination of the Rnarti_ In the event that Article XXV11 of the Colorado
Constitution, which established the State Board of the Great Outdoor Colorado Trust Fund, is
amended or repealed to terminate the Board or merge the Board into another entity, the rights and
obligations of the Board hereunder shall be assigned to and assumed by such other entity as
provided by law, but in the absence of such direction, by the Colorado Department of Natural
Resources or its successor.
171). Fnforcement and Waiver_ Enforcement of the terms and provisions of this
Conservation Easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee
to exercise its rights hereunder in the event of any breach by Grantor shall not be deemed or
construed to be a waiver of Grantee's rights hereunder in the event of any subsequent breach.
Grantor hereby waives any defense of lashes, estoppel or prescription.
23. Fnfnrcemenr of Rim is
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(A) In the event of a violation by Grantor or a third party of any term, condition, covenant,
or restriction contained in this Conservation Easement, Grantee shall give the Grantor written
notice of such violation, describing the violation and making demand that the violation cease and be
remedied. If, after ten (10) days following receipt of such notice (as indicated by the registered or
certified mail return receipt), the violation has not been corrected or the prohibited use terminated,
and any damage to the Property remedied and the Property restored, or steps taken to ensure the
swift restoration of the property; or, alternatively, if a written explanation to Grantee of the reason
why the alleged violation should be permitted is not delivered to Grantee within such ten (10) day
period, the Grantee may enjoin by temporary or permanent injunction such violation and/or institute
a suit for damages for breach of covenant, or may take such other action as it deems necessary to
insure compliance with the terms, conditions, covenants, and purposes of this Conservation
Easement; provided, however, that any failure to so act by tlfe Grantee shall not be deemed to be a
waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this
Conservation Easement in the future. Should the breach of this Conservation Easement be an
impermissible conveyance of water rights in violation of paragraph 10 above, such conveyance
shall constitute a fraudulent land transaction and shall be grounds for the Grantee to void the
transfer or sale.
(B) Grantor further intends that should any Prohibited Use be undertaken, the Grantee shall
have the right to cause the restoration of that portion of the Property affected by such activity to the
condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of
such restoration shall be bome by Grantor, Grantofs successors or assigns. Nothing contained
herein shall be construed to preclude Grantor from exhausting legal remedies in determining
whether the proposed activity to which the Grantee has objected is consistent with this
Conservation Easement.
(C) Any costs incurred by Grantee in enforcing the terms of this Conservation Easement
against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees (even in
the event that the Grantee secures redress without a completed judicial proceeding), and any costs
of restoration necessitated by violation of the terms of this Conservation Easement, shall be repaid
immediately to Grantee by Grantor. If Grantor prevails in any action to enforce the terms of this
Conservation Easement, the costs of suit, including, without limitation, reasonable attorneys' fees of
Grantor, shall be paid by Grantee.
(D) Nothing contained in this Conservation 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 the control of Grantor, including, without limitation, fire, flood, storm, and earth
movement, or from any prudent or good faith action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to the Property resulting from such causes.
(E) Notwithstanding any other provision hereof to the contrary, upon a transfer to a third
party of Grantor's interest in the Property, Grantor's rights and obligations under this Conservation
Easement shall automatically pass to said third party, and Grantor shall have no further rights or
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responsibilities hereunder, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
24. Binding Fffert• Rule Against Pei:p etniti s. This Conservation Easement shall run with
the title to the Property and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns in perpetuity. If any term or
provision of this Conservation Easement would otherwise violate the rule against perpetuities or the
rule restricting restraints on alienation, such term or provision shall automatically expire and be of
no further force or effect, on the day before the expiration of ninety (90) years from the date of this
deed
25. Interpretifinn. The provisions of this Conservation Easement shall be liberally
construed to effectuate their purpose of preserving and protecting the Conservation Values of the
Property. No remedy or election given by any provision in this Conservation Easement shall be
deemed exclusive unless so indicated, but it shall, wherever possible, be cumulative with all other
remedies at law or in equity. The parties acknowledge that each party and its counsel have
reviewed and revised this Conservation Easement and that no rule of construction that ambiguities
are to be resolved against the drafting party shall be employed in the interpretation of this
Conservation Easement. In the event of any conflict between the provisions of this Conservation
Easement and the provisions of any use and zoning restrictions of the State of Colorado, Pitkin
County or any other governmental entity with jurisdiction, the more restrictive provisions shall
apply. This Easement shall be interpreted in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Conservation
Easement as of the day and year first above written.
GRANTEE:
ROARING FORI ONSERV NCY, A COLORADO NONPROFIT CORPORATION
By. PRSsi
STATE OF Cdloraa0 )
) ss.
COUNTY OF R M2% )
The foregoing instrument was acknowledged before me this ZOtl day of
.dune 2000 by Shane 1t Je.�, &Ae l r
Witness my hand and official seal. .....t
My commission expires: 2,11110L
L!/wKat u
.lam c •.,: �.
Notary Public -
.r pU J I
.a`%
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GRANTOR:
THE TR TR LIC LAND, A NONPROFIT CORPORATION
By:
STATE OF,6�4 ME,r'cf)
) ss.
COUNTY OF d!d FF )
The foregoing instrument was acknow edged before me this �/ "t day of
c�vnlc= 2000 by �D �� , k1i� / �jjty �e►r" 771 L --tt--
T.�STf�la� /r�tJ�yG �'✓D l,L rav►,/rd i G'A�4/ )'4 r,4111,G 6rh �"�or iYa1J�,
Witness my hand and official seal. 0U'7 / / /� �� COr a� /v�
My commission expires: f7el�IW
Notary Public
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EXHIBIT A
to Conservation Easement Between
Trust for Public Land and Roaring Fork Conservancy
LEGAL DESCRIPTION
Parcel A:
Lot 2, THOMAS EMMA SUBDIVISION EXEMPTION, according to the Plat thereof
recorded , 2000 in Plat Book_ at Page
Parcel B:
Thomas Parcel (fee acquisition)
A parcel of land in tract 49, T8S, R87W of the 6th P.M.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at A.P. 8 tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 - A.P. 9 tract 49,N OOE02'47" E
104.40' To The True Point Of Beginning;
thence along the tract line AP. 8 -AP 9 Tract 49,
OOE02'47" E 213.73'to the South R.O.W. line of the State Highway;
thence along the South line of the R.O.W. N 63E27'60" E 237.28;
thence along the South R.O.W. line on a curve to the right
458.56' ( R=2805.00', delta= 09E22' CH. =458.05');
thence along the South line of the R.O.W. N 72E50' E 124.82;
thence S OOE02'47" 527.04;
thence N 90E W 756.43'To The True Point Of Beginning
COUNTY OF EAGLE
STATE OF COLORADO
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EXHIBIT B
to Conservation Easement Between
Trust for Public Land and Roaring Fork Conservancy
DEFINITIONS FROM PITKIN COUNTY LAND USE CODE
1. DEVELOPMENT means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the subdividing of land into
two (2) or more parcels.
A. For the purposes of these regulations, the following activities or uses shall be
taken to involve"development:"
1. A reconstruction or alteration of the size or building footprint of a structure.
2. A change in the intensity of use of land, such as the establishment of, or an
increase or decrease in, the number of dwelling units or floor area.
3. Commencement of drilling,mining, or excavation on a parcel of land.
4. Total demolition or partial demolition of a structure.
5. Clearing of land, including clearing or removal of vegetation, and including any
significant disturbance of vegetation or substrate(soil) manipulation.
6. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
B. Development includes all other activity customarily associated with it. When
appropriate to the context, "development"refers to the act of developing or to the result of the act
of development. Reference to any specific operation is not intended to mean that the operation or
activity, when part of other operations or activities, is not development. Reference to particular
operations is not intended to limit the generality of this definition.
C. The following shall not be considered development:
1. Fences and walls which comply with the DOW fence standard.
2. Fences and walls which are less than six feet (6_) in height and are located:
a. On parcels assessed as "agricultural"by the Assessor's Office, or
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b. On parcels free of 1041 wildlife concerns, or
C. Within an approved building envelope, or
d. In areas of the County with site specific approvals or guidelines approved by the
BOCC relative to fencing.
2. STRUCTURE means anything constructed, installed, or portable, which requires
location on the ground. It includes yurts and tepees and movable buildings which can be used for
housing, business, commercial, agricultural, or office purposes, either temporarily or
permanently. "Structure" also includes roads, walkways, paths, fences, swimming pools, tennis
courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls
used as fences as provided in subsection C of the definition of "Development" within this
section; poles, lines, cables, or other transmission or distribution facilities of public utilities; bus
shelters less than two hundred (200) square feet in size.
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EXHIBIT C
to Conservation Easement Between
Trust for Public Land and Roaring Fork Conservancy
WATER RIGHTS
2.0 cfs in the Home Supply Ditch, representing the entire interest of the grantor
therein, 1.0 cfs in the Cramer Ditch priorities are reflected in Case 132, CA 3082,
W-3414, W-867, W-1801 and CA 2811 in the Water Court in and for Water
Division No. 5, State of Colorado, any and all other water rights appurtenant to
and historically used for irrigation on the real property described as Lot 2,
Thomas Emma Subdivision Exemption, Pitkin County, Colorado and the real
property in Eagle County, Colorado described in Exhibit "A" (collectively the
"Property'l, together with the interest of the grantor in all ditches, ditch rights,
water, water rights, water stock headgates, laterals and water structures, pumps,
diversion structures and devices, and measuring devices on the Property or used
in connection with the Property appurtenant thereto, and together with all
easements, rights-of-way, access rights, special use permits or any other permits
pertaining to these water rights on the Property.
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EXHIBIT F
(Permitted Exceptions)
1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted and right
of way for ditches or canals constructed by the authority of the United States as reserved
in United States Patent recorded in Book 55 at Page 29 and Book 55 at Page 80.
2. Easement and right of way granted to Rocky Mountain Natural Gas Company,
Inc., in instrument recorded October 19, 1961 in Book 195 at Pages 421 and 424 and
June 1, 1965 in Book 213 at Page 181.
3. Easement and right of way for an electric transmission or distribution line or
system, as granted to Holy Cross Electric Association, Inc., in instrument recorded April
14, 1988 in Book 561 at Page 178.
4. Easement and right of way as granted to The Mountain States Telephone and
Telegraph Company in instrument recorded August 5, 1988 in Book 570 at Page 317.
5. Encroachments and all matters as disclosed by Survey of Louis H. Buettner dated
Revised 12/29/99.
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PURCHASE AGREEMENT - Page 13
EXHIBIT G
(Permitted Exceptions)
As to the 6.7 acre tract:
1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted and right
of way for ditches or canals constructed by the authority of the United States as reserved
in United States Patent recorded in Book 55 at Page 29 and Book 55 at Page 80.
2. Easement and right of way granted to Rocky Mountain Natural Gas Company,
Inc., in instrument recorded October 19, 1961 in Book 195 at Pages 421 and 424 and
June 1, 1965 in Book 213 at Page 181.
3. Easement and right of way for an electric transmission or distribution line or
system, as granted to Holy Cross Electric Association, Inc., in instrument recorded April
14, 1988 in Book 561 at Page 178.
4. Easement and right of way as granted to The Mountain States Telephone and
Telegraph Company in instrument recorded August 5, 1988 in Book 570 at Page 317.
5. Encroachments and all matters as disclosed by Survey of Louis H. Buettner dated
Revised 12/29/99.
As to the 2 acre tract
6. The effect of inclusions in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water service or street
improvement area.
7. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the
issuance thereof, recorded in Book 48 at Page 178, reserving 1) rights of the proprietor of
a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches
and canals constructed under the authority of the United States.
8. Right of way for an easement with Rocky Mountain Natural Gas Company
insofar as same may affect subject property, as on Map recorded as Reception No. 95962.
9. Terms, conditions, reservations, restrictions and obligations as contained in Lease
Agreement between the Town of Basalt and Rocky Mountain Natural Gas Company,
recorded February 4, 1991, in Book 547 at Page 117 as Reception No. 443259 and
rerecroded November 30, 1993 in Book 626 at Page 186 as Reception No. 522249.
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PURCHASE AGREEMENT - Page 14
10. Terms, conditions, reservations, restrictions and obligations as contained in Lease
Agreement between the Town of Basalt and Rocky Mountain Natural Gas Company,
recorded January 31, 1992 in Book 571 at Page 853 as Reception No. 467971.
11, Right of way for all ditches and creeks which may cross over the subject property.
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PURCHASE AGREEMENT - Page 15
EXHIBIT H
(Water Rights)
Water rights to be transferred to Pitkin County
2.0 cfs in the Home Supply Ditch*, representing the entire interest of the Grantor therein,
1.0 cfs in the Cramer Ditch*, representing one-half of the rights of the Grantor therein
divided equally among all priorities, and any and all other water rights appurtenant to and
historically used for irrigation on the real property described as Lot 2, Thomas Emma
Subdivision Exemption, Pitkin County, Colorado, and the real property in Eagle County,
Colorado described in Exhibit A attached hereto, (collectively the "Property"), together
with the interest of the Grantor in all ditches, ditch rights, water, water rights, water stock
headgates, laterals and water structures, pumps, diversion structures and devices, and
measuring devices on the Property of used in connection with the Property appurtenant
thereto, and together with all easements, rights-of-way, access rights, special use permits
or any other permits pertaining to these water rights on the Property. The deed does not
convey 1 cfs in the Cramer Ditch and appurtenant interests retained by Grantor's
predecessor in interest for use on Lot 1 of the Thomas Emma Subdivision Exemption.
*priorities are reflected in Case 132, CA 3082, W-3414, W-867, W-1801 and CA 2811 in
the Water Court in and for Water Division No. 5, State of Colorado
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PURCHASE AGREEMENT Page 16
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DF,FD OF CONSERVATION F.ASF.MF.NT
NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH A GRANT
FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST
FUND ("GRANT").THIS DEED CONTAINS RESTRICTIONS ON THE USE AND
DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS
OPEN SPACE VALUES. THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND HAS FOUND THAT THE ADOPTION OF THESE DEED
RESTRICTIONS IS IN THE PUBLIC INTEREST.
THIS DEED OF CONSERVATION EASEMENT (the "Conservation Easement") is
made and entered into this. day of June, 2000 between the Trust for Public Land, a nonprofit
corporation ("Grantor") and the Roaring Fork Conservancy, a nonprofit corporation (the "Grantee").
RF. CITA1, S
A. Grantor is the record owner of that certain real property in Pitkin County, Colorado,
consisting of 64.7 acres of vacant land comprised of the 58 acre Parcel A and 6.7 acre Parcel B,
which are more particularly described on Exhibit "A" attached hereto and made a part hereof by this
v reference, and which are referred to herein as the "Property". Grantor intends to convey the Property
to Pitkin County following the grant of this Conservation Easement.
B. The Property contains critical wildlife habitat, elk and deer migration corridors,
excellent quality aquatic habitat and wetland and riparian areas, and also contains open space,
agricultural, scenic, and ecological features and values important to the Grantor, the residents of
r Pitkin County, Colorado, and the people of the State of Colorado (the "Conservation Values").
h C. Preservation of these Conservation Values will yield substantial public benefit.
-ti
D. The Property contains approximately 64.7 acres, a portion of which remains in
_ agricultural use and a portion of which is in a substantially undisturbed and natural state, to be
documented in an inventory of the Property's Conservation Values to be prepared as soon as
weather and conditions permit following the conveyance of this Deed, but no later than September
P g Y P
30, 2000, which inventory will be kept on file at the offices of the Grantee.
E. Grantor desires and intends to enhance, preserve and maintain the ecologic health, the
wildlife habitat, open space character, agricultural operations and scenic and historic qualities and
Conservation Values within and upon the Property, by encumbering the Property in its entirety with
a Conservation Easement for the use and benefit of Grantee, pursuant to the provisions of Section
38-30.5-101, at seq., Colorado Revised Statutes, which provides for maintenance of these
Conservation Values by the continuation of land use patterns, including, without limitation,farming
and passive recreational uses which do not significantly impair or interfere with those values.
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F. Grantee is a "qualified conservation organization" as defined by the Internal Revenue
Code.
G. Grantor, as owner of the Property, owns the affirmative rights to identify, preserve and
protect in perpetuity its open space character and its significant relatively natural features and
values and further intends, as owner of the Property, to convey to Grantee the right to preserve and
protect the Conservation Values of the Property in perpetuity.
H. By acceptance of this Conservation Easement, Grantee acknowledges its commitment to
honor the intentions of Grantor as expressed herein to preserve and protect in perpetuity the
Conservation Values of the Property for the benefit of this and future generations.
CONVEYANCE
NOW, THEREFORE, for and in consideration of the facts recited above and for the
purchase price of $10 and of the mutual covenants, terms, conditions, and restrictions contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
confessed and acknowledged, Grantor hereby grants and conveys to Grantee, and its assigns, a
perpetual, irrevocable, conservation easement in gross, pursuant to Section 38-30.5-101, et sec}.,
Colorado Revised Statutes (the "Conservation Easement"), over, across and upon the Property as
legally described on Exhibit "A", subject to the terms and conditions hereinafter set forth. Grantee
hereby acknowledges, accepts without reservation and agrees to be bound by the terms and
conditions of this Conservation Easement.
1. Purpose. It is the essential purpose of this Conservation Easement to preserve and
protect, in perpetuity, Conservation Values of the Property, including the Property's natural,
ecological, wildlife habitat, scenic, historic, open space, agricultural and aesthetic features and to
prevent any use of the Property that will significantly impair or interfere with its Conservation
Values. In furtherance of the foregoing objective, this Conservation Easement is intended to
establish permitted uses that are consistent with the purposes of the Conservation Easement, and to
restrict the level of development and human activity in perpetuity.
2. Grantee's Affirmative Rights. To accomplish the purposes of this Conservation
Easement, the following affirmative rights are hereby granted to Grantee:
(A) To identify, preserve and protect in perpetuity, and in the event of their
degradation or destruction, to compel the restoration of, the natural, ecological, wildlife,
open space, historic and scenic features and other Conservation Values of the Property. In
the event such restoration is required, the standard of such restoration shall be to restore, to
the greatest extent possible, the features to the same condition in which they existed, as
documented in the Baseline Documentation (defined below), prior to their degradation or
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(B) To enter upon the Property as necessary to exercise the rights herein granted and
to enforce the terms hereof and at a minimum, on an annual basis to monitor the terms of
this Conservation Easement. Grantee shall provide Grantor at least 24 hours advance notice
prior to each visit to the Property by Grantee, unless Grantor agrees in writing to waive the
requirement for a specified time and for a specified use. Grantee's activities hereunder shall
not unreasonably interfere with the uses being made of the Property, consistent with this
Conservation Easement, at the time of such entry. The Grantee shall also have the right of
immediate entry to the Property, if, in its sole judgment, such entry is necessary to prevent
damage to or the destruction of the Conservation Values protected by this Conservation
Easement.
(C) To enjoin any activity on, or use of, the Property which is inconsistent with the
terms and intent of this Conservation Easement and to enforce and compel the restoration of
such areas or features of the Property as may be damaged by such activities, as set forth in
paragraph 23 of this document.
(D) To recommend enhancement measures for the Property, or measures which
would enhance the habitat, stream, wetlands or riparian viability or other natural features of
the Property and to enter upon the property with Grantor's permission to perform such
restoration at its own expense at times which will not unreasonably interfere with the uses
being made of the Property.
3. Easement documentation. A collection of baseline data on the Property and its
resources (the "Baseline Documentation") shall be prepared by the Grantee as soon as practicable
following conveyance of this Conservation Easement to Grantee. The Baseline Documentation
C shall be the property of and shall be deemed owned by the Grantee; however, before the Baseline
«" Documentation becomes effective, the Baseline Documentation must be jointly approved by
'-iy z Grantor and Grantee, evidenced by the parties executing a signed statement attaching the approved
Baseline Documentation report. The Grantor hereby grants Grantee or Grantee's agent(s) access to
sin oft" the portions of the Property necessary in order to prepare the Baseline Documentation. The data
P Pe Y asY P P
�o and explanatory text, photographs and maps to be assembled in the Baseline Documentation is
zz agreed by the parties hereto to provide an accurate representation of the Property at the time of this
±"m grant, notwithstanding the fact that the Baseline Documentation will be prepared after the effective
Wdate of this grant, and the parties acknowledge that the Baseline Documentation will serve as an
z objective information baseline for monitoring compliance with the terms of this Conservation
o)m Easement. Grantee shall bear the expense of the preparation of the Baseline Documentation,but
Grantor's successor, Pitkin County, has agreed to provide staff technical assistance for development
m a of the baseline documentation. The parties agree to complete the Baseline Documentation by
�m a September 30, 2000.
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CN m The parties agree that, in the event a controversy arises with respect to the nature and extent
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111111111111111111111111111IN IIIIIIII ill 1111111,111111
446526 08/30/2000 09:47A EASEMENT DAVIS LVI
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of the biological or physical condition of the Property, the parties shall not be foreclosed from
utilizing all other relevant or material documents, surveys, reports, and other information to assist in
the resolution of the controversy.
4. Consistent IJ.ces. The following uses and practices, though not an exhaustive recital of
consistent uses and practices, are consistent with this Conservation Easement when carried out in
the Property, and these uses and practices shall in no way be precluded by this Conservation
Easement, to wit:
(A) The installation, repair and maintenance of water wells, irrigation systems, ponds,
streams and irrigation ditches and agricultural outbuildings, such as a livestock or hay barns, tool
sheds, and greenhouses, subject to the prior written approval of the Grantee, such approval to be
based upon a determination by Grantee that the proposed location and installation, repair and
maintenance of water wells, irrigation systems, ponds, streams and irrigation ditches and
agricultural outbuildings will not diminish or impair the Conservation Values of the Property,or is
otherwise consistent with this Conservation Easement, and such approval shall not be unreasonably
withheld.
(B) The installation, repair and maintenance of buildings used for public
interpretation and education regarding the conservation values of the Property, subject to the
prior written approval of the Grantee, such approval to be based upon a determination by
Grantee that the proposed location and installation, repair and maintenance of buildings
used for public interpretation and education regarding the conservation values of the
Property will not diminish or impair the Conservation Values of the Property, or is
otherwise consistent with this Conservation Easement, and such approval shall not be
unreasonably withheld.
0
(C) The taking of such reasonable steps as are necessary to control erosion to
a o prevent sedimentation of streams or ponds on the Property.
M
6�o x (D) The installation, repair and maintenance of fencing consistent in height and type
~ of construction with Colorado Division of Wildlife standards designed to prevent
interference with wildlife.
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=o (E) Such cutting and removal of dead, dying or diseased timber or brush as may be
.�a)m reasonably necessary for fire protection or disease prevention purposes, however, Grantor is
encouraged to leave standing dead timber for habitat purposes to the extent such dead
�a n timber does not pose a danger. Except in emergency circumstances, Grantor shall obtain
m m the prior consent of Grantee for any substantial level of such activity, which consent will not
H�N n be unreasonably withheld.
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(F) The pasturing, grazing, feeding and care of domestic animals, provided,
however, that such livestock shall be excluded by fencing or other suitable means from
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4
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0 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
riparian and wetland areas.
(G) Passive, non-motorized (except as provided herein), non-commercial (except as
provided herein) uses, including hiking, fishing and cross-country skiing, all in accordance
with standards intended to assure non-interference with the critical wildlife, riparian,
wetland and river habitat; and including development of new trails for such uses either by
Grantee in conformance with the public access rights granted by this Conservation
Easement or by Grantor(subject to the prior written approval of the Grantee, such approval
to be based upon a determination by Grantee that the location of any trail will not
substantially diminish or impair the Conservation Values of the Property, or is otherwise
consistent with this Conservation Easement, and such approval shall not be unreasonably
withheld).
(H) Farming and ranching (including community or market gardens, plant nursery,
composting, dirt screening, and the cultivation of alfalfa and other grasses customarily
planted in the area); plowing and reseeding in accordance with good farming practices; the
use of agricultural motorized vehicles; the construction of improvements reasonably
necessary for such agricultural uses as described in subparagraph 4(A), above, and taking
the agricultural portion of the Property out of irrigation, so long as noxious weed control
methods are instituted, native grasses and plants are used to revegetate the formerly irrigated
fields, and other prudent practices are adopted to prevent the deterioration of the Property
once irrigation is terminated. _
(1) Performance of any restoration or improvement measures for the habitat or
natural features of the Property as recommended and/or approved by Grantee, including,but
not limited to, the construction or modification of a wildlife underpass or overpass across
a Colorado State Highway 82.
Z5. Prohibited Uses. The following uses and practices by Grantor, though not an exhaustive
�N recital of inconsistent uses and practices, are inconsistent with the purposes of this Conservation
aa>z Easement and shall be prohibited:
F
�cd (A) The material change, disturbance, alteration or impairment of the natural,
�a w ecological, historic, wildlife, open space or scenic features or other Conservation Values,
�Ju m except as otherwise permitted in this Conservation Easement.
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_0 0 (B)The Development of any Structures or roads on the Property(as such terms are defined
m in the current version of the Pitkin County Land Use Code, attached hereto as Exhibit "B"),except
�0 0 as permitted in this Conservation Easement or as requested by Grantor(subject to the prior written
mm approval of the Grantee, such approval to be based upon a determination by Grantee that the
N ui construction of and proposed location of any Structure,Development, or road will not diminish or
�N impair the Conservation Values of the Property, or is otherwise consistent with this Conservation
�,m A Easement, and such approval shall not be unreasonably withheld). The prohibition set forth in this
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5
IIIIiI 111111111111111111111111111111111111111111111111
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subparagraph shall continue even if the Pitkin County Land Use Code is revised to amend or
eliminate such definitions or if the Property, or any portion of the Property, is annexed into a
municipality which does not adopt the same definitions of"Development" and "Structure" as
currently exists in the Pitkin County Land Use Code. No portion of the Property shall be paved or
otherwise covered with concrete, asphalt, or any other paving material, nor shall any road or trail
be constructed without the advance written permission of Grantee. Grantee shall give such
permission within a reasonable time, unless Grantee determines that the proposed paving or
covering of the soil, or the location of any road or trail, will substantially diminish or impair the
Conservation Values of the Property or is otherwise inconsistent with this Deed, and such
permission shall not be unreasonably withheld.
(C) The removal, destruction, spraying or cutting of native vegetation or timber
except as permitted in this Conservation Easement.
(D) The introduction of non-native plant or animal species to the Property, except
as permitted pursuant to paragraph 4 of this Conservation Easement. Domestic livestock
otherwise permitted pursuant to paragraph 4(H) shall not be permitted to drink or graze
within wetland or riparian areas as depicted or noted in the Baseline Documentation.
(E) The exploration for or extraction of minerals, oil, gas, or other hydrocarbons,
soils, sands, gravel, or other materials (but not including water) on or below the surface of
the Property.
i�_,,, (F) The dumping or other disposal of refuse, garbage, or other unsightly, hazardous
�M z or offensive material.
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The use of motorized vehicles except as may be necessary in conjunction with
�Q Y farming and ranching, or land management consistent with this Conservation Easement or
_�.~. emergency vehicles.
(H) The operation of a commercial feed lot, or any other commercial or industrial
n Z used not specifically permitted herein
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�v'm (I) Subdivision of any portion of either Parcel A or Parcel B, which together
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m n comprise the Property
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(J) Signagc or Rillhnards. No commercial signs, billboards, awnings, or advertisements
=N Wq shall be displayed or placed on the Property, except for appropriate and customary ranch or
m o: pasture identification signs, "for sale" or"for lease" signs alerting the public to the availability of
�v N the Property for purchase or lease, "no trespassing" signs, signs regarding the private leasing of
��o the Property for hunting, fishing or other low impact recreational uses, signs informing the public
v W of the status of ownership, and other signs specifically permitted herein. No signs shall
6
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7 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
materially adversely affect the Conservation Values of the Property.
6. Grantee Approval of ITnlisted but Consistent ITses and Practices- Notice. In the
event Grantor wishes to engage in a use or practice on the Property which is not listed above
as a "Consistent Use" or as a "Prohibited Use", Grantor shall send Grantee written notice of
Grantor's intention to commence or undertake such activity, which notice shall describe all
material aspects of the proposed activity. Said notice (and any other notice required or
permitted hereunder) shall be sent by registered or certified mail, return receipt requested, to
the following address or to such other address as Grantor may from time to time be
informed of in writing by Grantee:
Roaring Fork Conservancy
P.O. Box 323
Basalt, CO 81621
Grantee shall have thirty(30)days from the receipt of such notice, as indicated by the
registered or certified return receipt, to review the proposed activity and to notify Grantor of its
objections thereto. Such objections, if any, shall be based upon Grantee's considered opinion that
the proposed activity is inconsistent with this Conservation Easement. If at all possible, said notice
shall inform Grantor of the manner in which the proposed activity can be modified to be consistent
with this Conservation Easement.
Grantee's response to Grantor's notice, and any other notice that may be required or
permitted of Grantee hereunder, shall be sent by registered or certified mail, return receipt
requested, to Grantor at the following address, or to such other address as Grantee from time to time
may be informed of in writing by Grantor:
The Trust for Public Land a c
418 Montezuma Avenue �_w"
Santa Fe, NM 87501 r o Y
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Should Grantee fail to post its response to Grantor's notice within thirty (30) days of the 5 c0
posting of said notice, the proposed activity shall automatically be deemed consistent with the terms ,�W m
of this Conservation Easement, and Grantee shall have no further right to object to the activity +n Z
identified by such notice. =�a
Grantor shall be under no liability or obligation for any failure in the giving of notice as e
required above with regard to any activity undertaken by Grantor necessitated by virtue of fire, .im m
flood, act of God, or other element or cause beyond the control of Grantor.
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In the event Grantor and Grantee disagree as to whether a particular use or practice is a =�
"Consistent Use" or a "Prohibited Use", as defined herein, or if Grantor disagrees with a + N
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446526 08/ 0/2000 09: 7A EASEMENT DAVIS SILVI
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determination by Grantee that a proposed activity is inconsistent with this Conservation Easement,
either Grantor or Grantee may submit the dispute to such form of mediation, arbitration, or conflict
resolution as may be mutually acceptable to Grantor and Grantee. In the event of arbitration, the
parties agree that the decision of the arbitrator(s) shall be final and binding upon the parties, and
that the non-prevailing party shall bear the cost of the conflict resolution procedure. However, each
party shall pay its own attorney's fees, if any, regardless of outcome.
Any notice required to be given to the State Board of the Great Outdoors Colorado Trust
Fund shall be addressed to:
Executive Director
State Board of the Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
Or to such other address as the Board shall from time to time designate by written notice to the
Grantor and Grantee.
7. Costs and I.iahilities. Grantor, Grantor's heirs, successors, representatives and assigns,
retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Property, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor shall add Grantee as an additional
insured to such insurance coverage. Grantor shall keep the Property free of any liens arising out of
any work performed for, materials furnished to, or obligations incurred by Grantor.
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8. Taxec and Assessments. Grantor understands that nothing in this Conservation >,
Easement relieves Grantor of any obligation or restriction imposed by law with respect to the —�z
Property, including the obligation to pay such real estate taxes as may be assessed from time to time �y
on the Property, except any taxes on this Conservation Easement. Grantor agrees to pay before �a
delinquency any and all real property taxes, fees, assessments and charges of whatever description
assessed or levied on the Property,except any tax or assessment on the Conservation Easement zo d
granted by this document, and does indemnify the Grantee therefore. Grantor shall furnish Grantee �0 m
with satisfactory evidence of payment, upon request. Should Grantor, Grantor's heirs, successors or
assigns, fail to pay any such real property taxes, charges,fees or assessments on the Property,
Grantee may, at its sole discretion and without obligation,pay such taxes, fees, charges or
assessments in accordance with any bill, statement or estimate procured from the appropriate
authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement or �0
estimate, and the obligation created by such payment shall bear interest until paid by Grantor to �N m
Grantee at the rate of two (2)percentage points over the prime rate of interest from time to time in
charged by Norwest Bank of Denver or the maximum rate allowed by law. �m
9. Water Rights. Grantor shall retain and reserve the right to use water rights listed onqro
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8
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448628 08/30/2000 09:47A EASEMENT DAVIS SILVI
9 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Exhibit C, to maintain and improve the Conservation Values of the Property, including, but not
limited to, irrigating the historically irrigated agricultural lands protected by this Conservation
Easement, and shall not transfer, encumber, lease, sell or otherwise separate water rights, without
the prior approval of Grantee; and should Grantee determine that any such transfer will not
substantially diminish or impair the Conservation Values of the Property, is justified by
technological improvements in irrigation efficiency, or is otherwise consistent with this
Conservation Easement, such approval shall not be unreasonably withheld.
Grantor agrees that any separation of water rights from the Property allowed by the Grantee
pursuant to this paragraph may not later be alleged to be grounds for extinguishment of the
Conservation Easement pursuant to paragraph 17.
10. Pnhlic Access. Public, non-commercial access to the Property is hereby granted by
Grantor to the public as follows; perpetual public fishing access to the Roaring Fork River and
limited access granted for scientific and educational purposes, as described below. Grantor and
Grantee may mutually agree to limit the public access established in perpetuity by the terms of this
Conservation Easement at certain times of year, such as elk or deer calving, fawning or migration
times, in accordance with recommendations of a wildlife biologist familiar with the Property, and
may further limit such access by reasonable rules and regulations designed to preserve the
Conservation Values of the property.
The parties hereto shall revisit from time to time the nature and extent of the public access
created by this Conservation Easement to assure that it does not adversely affect the Conservation
Values of the Conservation Easement. If such values are adversely affected, such public access
may be relocated,restricted or closed, if determined necessary to preserve the Conservation Values. 0
Grantor agrees it will accommodate requests by the Grantee or other conservation a
organizations for access to the Property by local schools to study its natural ecology, and to monitor ��0
water quality, and to learn about conservation and preservation techniques. �o x
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11. Management Plan. The parties agree that a land stewardship and management plan for c00a m
the property shall be prepared by and acceptable to Grantor and Grantee. The first management W m
plan shall be prepared and approved by March 31, 2001 and shall be updated every five (5) years. o Z
Permitted uses of the Property shall be addressed in the management plan. _�m
12. Residual Estate, As expressly provided in Section 38-30.5-105 of the Colorado
Revised Statutes, all interests and rights of ownership not transferred and conveyed to Grantee by �m m
this Conservation Easement shall remain in Grantor, including the right to engage in all uses of the N m
Property which are not inconsistent with the Conservation Easement or prohibited by the N m
Conservation Easement or by law. =o
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13. SnhsPn �qr O
Subsequent Transfers, Grantor agrees to incorporate the terms of this Conservation -v Q,
9
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446526 08/30/2000 09: 7A EASEMENT DAVIS SILVI
10 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Easement in any deed or other legal instrument by which it divests itself of 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 twenty (20) days prior to the date
of such transfer, including the transferee's name, address and telephone number; provided,however,
that no such notice of transfer need be made with respect to the initial transfer to Pitkin County.
The failure of Grantor to perform any act required by this paragraph shall not impair the validity of
this Conservation Easement or limit its enforceability in any way.
14. Hold Harmless. To the extent permitted by law, Grantor shall hold harmless,
indemnify and defend Grantee, its board members,employees, agents 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: (1) injury to or the death or any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or occurring on or
about the Property, regardless of cause, unless due solely or in part to the negligence of any of the
Indemnified Parties; (2)the presence or release of hazardous or toxic substances on, under or about
the Property, unless such release was caused by an Indemnified Party. For the purpose of this
paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance that is
regulated under any federal, state or local law.
Nothing in this Conservation 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 the Grantor's activities on the Property, or otherwise become an 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 .� F
regulation making operators of property responsible for remediation of contamination. Grantor N
acknowledges that neither shall this Conservation Easement make the Grantee an owner or N
responsible party in regard to the Property pursuant to such laws. a Y
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15. Amendment. The fact that any use of the Property that is expressly prohibited by this �,o A.
Conservation Easement, or any other use as determined to be inconsistent with the purpose of this
Easement may become greatly more economically valuable than consistent uses allowed by this o X
Conservation Easement, or that neighboring properties may in the future be put entirely to uses that �6 m
are not permitted hereunder, has been considered by the Grantor in granting this Conservation
Easement. It is Grantor's belief that any such changes will increase the benefit to the public of the �m c
continuation of this Conservation Easement, and it is the intent of both Grantor and Grantee that =�49
49
any such changes should not be assumed to be circumstances justifying the termination, �N in
extinguishment or automatic amendment of this Conservation Easement. In addition, the inability ,�N49
to carry on any or all of the Consistent Uses, or the unprofitability of doing so, shall not impair the �N
validity of this Conservation Easement or be considered grounds for its termination, extinguishment �m
or automatic amendment.
10
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446526 08/30/2000 09: 7A EASEMENT DAVIS SILVI
11 of 21 R 0.00 D 0.00 N 0.08 PITKIN COUNTY CO
Notwithstanding the foregoing, however, Grantor and Grantee recognize that circumstances
may arise under which an amendment to or modification of this Conservation Easement would be
appropriate. Accordingly, Grantor and Grantee may jointly amend this Conservation Easement,
provided that no amendment shall be allowed that will affect the qualification of this Conservation
Easement under applicable laws; and provided, further, that the prior written approval of the State
Board of the Great Outdoors Colorado Trust Fund ("the Board) shall be required. Any amendment
shall be consistent with the conservation purposes of this Conservation Easement, and shall not
affect its perpetual duration. Any such amendment shall be recorded in the official records of
Pitkin County, and Eagle County, Colorado. Although this paragraph recognizes that an
amendment to this Conservation Easement may be appropriate in certain circumstances, the terms
of this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an
amendment requested by the other party.
16. Extinguishment. If circumstances arise in the future such as render the purpose of
this Easement impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each
party shall promptly notify the other when it first learns of such circumstances, and shall, in
addition, notify the Board of such circumstances.
(A) The amount of the proceeds to which Grantee shall be entitled, after the satisfaction
of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the
Property subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with paragraph 17 below.
(B) In the event of condemnation or termination, the Board shall be entitled to receive
that portion of the net proceeds of condemnation or sale of the Property attributable to the
Conservation Easement which is equal to a fraction, the numerator of which is the Board's Grant �}
and the denominator of which is the fair market value of this Easement at the time this Easement �� c
is granted.
—.+ z
(C) The parties acknowledge that the fair market value of this Easement has not been as
established at this time. Therefore, the parties hereto agree that in the event of condemnation,
extinguishment, or termination of all or a portion of this Easement, the parties shall jointly m
commission and pay for an appraisal. Such appraisal shall determine the following four values: �p Z
1) the full fair market value of the unencumbered Property at the time of this Easement; 2) the �d m
fair market value of this Easement at the time of this Easement; 3) the full fair market value of
the unencumbered Property at the time of condemnation or termination; and 4) the fair market =C c
value of this Easement at the time of condemnation or termination. �� a
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17. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which the parties stipulate to have a fair market value determined by multiplying the to
then o:
then current fair market value of the Property unencumbered by the Easement (minus any �®N
increase in value after the date of this Easement attributable to improvements) by the ratio of the =mom c
11
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12 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
value of the Easement at the time of the creation of this Easement to the value of the Property,
without deduction for the value of the Easement, at the time of this Easement. The values at the
time of this Easement shall be those values used to calculate the deduction for federal income tax
purposes allowable by reason of this grant, pursuant to Section 170(h) of the Internal Revenue
Code of 1986, as amended. For the purposes of this paragraph, the ratio of the value of the
Easement to the value of the Property unencumbered by the Easement shall remain constant.
18. 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 accordance with this Easement
and/or applicable law. The Board shall be entitled to compensation from Grantee in an amount
as determined in accordance with paragraph 16 above.
19. Assignment, This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an 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 as
a transferee by the State Board of the Great Outdoors Colorado Trust Fund. 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. The Board 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.
20. Recording. Grantee shall record this instrument in timely fashion in the official
records of each county in which the Property is situated, and may re-record it at any time as may
be required to preserve its rights in this Easement.
21. General Provisions, 0
(A) Control ling Law. The interpretation and performance of this Easement shall be i Z
governed by the laws of the State of Colorado. =w 0
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(B) Liberal C'onstniction. Any general rule of construction to the contrary not �o F
withstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose =z d
of this Easement and the policy and purpose of C.R.S. §38-30.5-101 et seq. If any provision in �C m
this instrument is found to be ambiguous, an interpretation consistent with the purpose of this �W a
Easement that would render the provision valid shall be favored over any interpretation that �o z
would render it invalid. ML m
(C) S .v .rahility. If any provision of this Easement, or the application thereof to any a—�a 0
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, —0 0
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or the application of such provision to persons or circumstances other than those as to which it is N,�
found to be invalid, as the case may be, shall not be affected thereby. �N
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13 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
(D) Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged herein.
(E) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(F) Taint Obligation. The obligations imposed by this Easement upon Grantors shall
be joint and several.
(G) Non-Nder_ge_r. No merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting this Deed of Conservation 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 the Board approving such merger of estates or interests.
(H) Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
(1) T .rmination 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.
Cl
U
(J) Captious. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon y o
construction or interpretation: �,n'2
—M z
(K) Termination of the Roard. In the event that Article XXV11 of the Colorado �o M
Constitution, which established the State Board of the Great Outdoor Colorado Trust Fund, is =z o-
amended or repealed to terminate the Board or merge the Board into another entity, the rights and a m
obligations of the Board hereunder shall be assigned to and assumed by such other entity as w m
provided by law, but in the absence of such direction, by the Colorado Department of Natural ��m
Resources or its successor.
M
mac
22. Enforcement and Waiver, Enforcement of the terms and provisions of this too 4WD
mm
Conservation Easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee �N m
to exercise its rights hereunder in the event of any breach by Grantor shall not be deemed or
construed to be a waiver of Grantee's rights hereunder in the event of any subsequent breach. Vim...
Grantor hereby waives any defense of laches, estoppel or prescription. it w
�a o
23. Enforcement of Ri gbts. a
13
1 I1111111111111111111111 I1I 111111111111 III 111111 III 1111
448526 08/30/3000 09: 7A EASEMENT D VIS SILVI
14 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
(A) In the event of a violation by Grantor or a third party of any term, condition, covenant,
or restriction contained in this Conservation Easement, Grantee shall give the Grantor written
notice of such violation, describing the violation and making demand that the violation cease and be
remedied. If, after ten (10) days following receipt of such notice (as indicated by the registered or
certified mail return receipt), the violation has not been corrected or the prohibited use terminated,
and any damage to the Property remedied and the Property restored, or steps taken to ensure the
swift restoration of the property; or, alternatively, if a written explanation to Grantee of the reason
why the alleged violation should be permitted is not delivered to Grantee within such ten (10) day
period, the Grantee may enjoin by temporary or permanent injunction such violation and/or institute
a suit for damages for breach of covenant, or may take such other action as it deems necessary to
insure compliance with the terms, conditions, covenants, and purposes of this Conservation
Easement; provided, however, that any failure to so act by the Grantee shall not be deemed to be a
waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this
Conservation Easement in the future. Should the breach of this Conservation Easement be an
impermissible conveyance of water rights in violation of paragraph 10 above, such conveyance
shall constitute a fraudulent land transaction and shall be grounds for the Grantee to void the
transfer or sale.
(B) Grantor further intends that should any Prohibited Use be undertaken, the Grantee shall
have the right to cause the restoration of that portion of the Property affected by such activity to the
condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of
such restoration shall be borne by Grantor, Grantor's successors or assigns. Nothing contained
herein shall be construed to preclude Grantor from exhausting legal remedies in determining
whether the proposed activity to which the Grantee has objected is consistent with this
Conservation Easement.
(C) Any costs incurred by Grantee in enforcing the terms of this Conservation Easement ;m— 0
against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees (even in z
the event that the Grantee secures redress without a completed judicial proceeding), and any costs
of restoration necessitated by violation of the terms of this Conservation Easement, shall be repaid -z d
immediately to Grantee by Grantor. If Grantor prevails in any action to enforce the terms of this �0 m
Conservation Easement, the costs of suit, including, without limitation, reasonable attomeys'fees of �W m
Grantor, shall be paid by Grantee. �o Z
=dm
of m
(D) Nothing contained in this Conservation Easement shall be construed to entitle Granteerm i m
to bring any action against Grantor for any injury to or change in the Property resulting from causes .:.
beyond the control of Grantor, including, without limitation, fire, flood, storm, and earth m m
movement, or from any prudent or good faith action taken by Grantor under emergency conditions �N m
to prevent, abate, or mitigate significant injury to the Property resulting from such causes. N
gym.+
(E) Notwithstanding any other provision hereof to the contrary, upon a transfer to a third -W
party of Grantor's interest in the Property, Grantor's rights and obligations under this Conservation
Easement shall automatically pass to said third party, and Grantor shall have no further rights or a
_
14
446526 08/30/2000 09: 7p EASEMENT D VIS SILVI
18 of 21 III IN
R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
responsibilities hereunder, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
24. Binding Fffect; Rile Against Perpetnitie.s. This Conservation Easement shall tun with
the title to the Property and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns in perpetuity. If any term or
provision of this Conservation Easement would otherwise violate the rule against perpetuities or the
rule restricting restraints on alienation, such term or provision shall automatically expire and be of
no further force or effect, on the day before the expiration of ninety (90) years from the date of this
deed
25. Intemtetation. The provisions of this Conservation Easement shall be liberally
c
construed to effectuate their purpose of preserving and protecting the Conservation Values of the
Property. No remedy or election given by any provision in this Conservation Easement shall be J F
deemed exclusive unless so indicated, but it shall, wherever possible, be cumulative with all other =N
remedies at law or in equity. The parties acknowledge that each party and its counsel have �M
reviewed and revised this Conservation Easement and that no rule of construction that ambiguities �Q`a
are to be resolved against the drafting party shall be employed in the interpretation of this
Conservation Easement. In the event of any conflict between the provisions of this Conservation �4 s
Easement and the provisions of any use and zoning restrictions of the State of Colorado, Pitkin =Q 6
County or any other governmental entity with jurisdiction, the more restrictive provisions shall —Q s
apply. This Easement shall be interpreted in accordance with the laws of the State of Colorado. Q 6
_on 6
�r•
IN WITNESS WHEREOF, Grantor and Grantee have executed this Conservation �m c
Easement as of the day and year first above written. m
GRANTEE: ON
ROARING FOR CY, A COLORADO NONPROFIT CORPORATION m
N
By: pRF.S( �qr `o
STATE OF Cola✓awo ) `* "
ss.
COUNTY OF Pt"kh )
The foregoing instrument was acknowledged before me this TUtn day of
�ux►c 2000 by Sham Itru✓w 6,1 t, Lim CWrir. Jaws i
.NN
Witness my hand and official seal.
My commission expires: 2)tJ JOL rcll
~ h�
Notary Public
15
1III11 I1I11 I11I111III11 I11��IU S111 I1 II1111I1I 111111I
16 of 21 R 0.00 D 0,00 N 0.00 PITKIN COUNTY CO
GRANTOR:
THE TR /R LTC LAND, A NONPROFIT CORPORATION
By:
STATE OF-A6k4,W r'6v
) ss.
COUNTY OF fA FC )
�� The foregoing instrument was acknow)edged before me this ��"� day of
JVAIZ , 2000 by 7,rjQ Q V/CG )PAFJlVeWi— E �-
i�+ST19,oe— /vWIG 44WO hev►Drafi C'A`�R,✓ir9 Qw�/c rp�Y�1/��
Witness my hand and official seal.
My commission expires:
Notary Public
IIIIII IIIII IIIIII IIIII Iill IIIIII IIIIII III IIIIII ill IIII
444464 06/22/2000 03:19P DEED CON DAVIS SILVI
16 of 21 R 105.00 D 0.00 N 0.00 PITKIN COUNTY CO
16
IIIIII 1111111111111111111 1 IN IIIIIIII 111111111111111111
446928 08/3 /2000 09: 7A EASEMENT DA
17 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY SILCO
EXHIBIT A
(Property Description)
Trimble Parcel
A parcel of land in Pitkin County, Colorado more particularly described as Lot 2,
SUBDIVISION EXEMPTIqN to Plat thereof recorded
v0 EMMA— 2000, in Plat Book at Page _.
Thomas Parcel
A parcel of land in tract 49, T8S, R87W of the 6cd P.M. ,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 - AP 9 Tract 49, N 00 Deg. 02 ' 47" E
104.40 ' To The True Point Of Beginning;
thence along the tract line AP 8 -AP 9 Tract 49,
00 Deg, 02 ' 47" E 213 .73 ' to the South R.O.W. line of the State Highway;
thence along the South line of the R.O.W. N 63 Deg. 27 '60" E 237.28 ' ;
thence along the South R.O.W. line on a curve to the right
458 .56 , ( Radius = 2805.00 ' , Angle = 09 Deg. 22 ' Chord = 458.05 ' ) ;
thence along the South line of the R.O.W. N 72 Deg. 50' E 124. 82 ' ;
thence S 00 Deg. 02 '47" 527 .04' ;
thence N 90 Deg. W 756.43 ' To The True Point Of Beginning
COUNTY OF EAGLE
STATE OF COLORADO
I I"III "III I'III' I'I'� 'I'I II�IiI "I"I III "I'II 'II I"I
444464 06/22/2000 03:19P DEED CON DAVIS SILVI
17 of 21 R 105.00 D 0.00 N 0.00 PITKIN COUNTY CO
17
111111111111 pilll IIIII III I111IIIIIIII 111 IUIIIII IIII
446526 08/ /2000 09: 7A EASEMENT D�VIS SILVI
18 of 21 R 0.00 0 0.00 N 0.00 pITKIN COUNTY CO
EXHIBIT B
(Pitkin County Land Use Code—See Attached)
IIIIII IIIII 1111111111111111111111111 IIIIII IIIIII III Bill III Jill
444464 06/22/2000 03:19P DEED CON DAVIS SILVI
18 of 21 R 106.00 0 0.00 N 0.00 PITKIN COUNTY CO
18
IIIIII IIIII IIIIII IIIIII III IIII IIIIIIII III IIIIII III IIII
448'!26 08/30/2000 09: 7A EASEMENT DAVIS SILVI
19 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT B
to Conservation Easement Between
Trust for Public Land and Roaring Fork Conservancy
DEFINITIONS FROM PITKIN COUNTY LAND USE CODE
1. DEVELOPMENT means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the subdividing of land into
two (2) or more parcels.
A. For the purposes of these regulations, the following activities or uses shall be
taken to involve "development:"
1. A reconstruction or alteration of the size or building footprint of a structure.
c
2. A change in the intensity of use of land, such as the establishment of, or an
increase or decrease in, the number of dwelling units or floor area.
�Wc
3. Commencement of drilling, mining, or excavation on a parcel of land. M
�>.
was
4. Total demolition or partial demolition of a structure. —z o
�W°a
5. Clearing of land, including clearing or removal of vegetation, and including any �W e
significant disturbance of vegetation or substrate (soil) manipulation. �a
-o►a
6. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. e
i.-a r
B. Development includes all other activity customarily associated with it. When m e
appropriate to the context, "development"refers to the act of developing or to the result of the act N
of development. Reference to any specific operation is not intended to mean that the operation or N o
activity, when part of other operations or activities, is not development. Reference to particular m.
operations is not intended to limit the generality of this definition. m
C. The following shall not be considered development:
1. Fences and walls which comply with the DOW fence standard.
2. Fences and walls which are less than six feet(6_) in height and are located:
a. On parcels assessed as "agricultural"by the Assessor's Office, or
1
II IIuI IIIII IIII III INI II I III IIIIIIIS11IIIIIIIIII IIIII
20 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
b. On parcels free of 1041 wildlife concerns, or
C. Within an approved building envelope, or
d. In areas of the County with site specific approvals or guidelines approved by the
BOCC relative to fencing.
2. STRUCTURE means anything constructed, installed, or portable, which requires
location on the ground. It includes yurts and tepees and movable buildings which can be used for
housing, business, commercial, agricultural, or office purposes, either temporarily or
permanently. "Structure" also includes roads, walkways, paths, fences, swimming pools, tennis
courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls
used as fences as provided in subsection C of the definition of "Development' within this
section; poles, lines, cables, or other transmission or distribution facilities of public utilities; bus
shelters less than two hundred(200) square feet in size.
c:\home\vickiv\debbie\ostb\thomastrimbleexb.doc
I I'IIII "III "III' I'lll 'I'� II�III "�"I III 'll'lll 'I Ill
444464 06/22/2000 03:18P DEED CON DAVIS SILVI
20 of 21 R 105.00 D 0.00 N 0.00 PITKIN COUNTY CO
2
I IIII1111111111111111111111111111111111111111111IIII11
0 /2000 09:�7A EASEMENT DAVIS SLV
21 of 21 R 0.00 D 0.0@ N 0.00 PITKIN COUNTY CO
EXHIBIT C
(Water Rights)
2. 0 cfs in the Home Supply Ditch*, representing the entire interest of the
Grantor therein, 1.0 cfs in the Cramer Ditch*, representing one-half of the
rights of the Grantor therein divided equally among all priorities, and any
and all other water rights appurtenant to and historically used for irrigation
on the real property described as Lot 2, Thomas Emma Subdivision Exemption,
Pitkin County, Colorado, and the real property in Eagle County, Colorado
described in Exhibit A attached hereto, (collectively the "Property") ,
together with the interest of the Grantor in all ditches, ditch rights, water,
water rights, water stock headgates, laterals and water structures, pumps,
diversion structures and devices, and measuring devices on the Property of
used in connection with the Property appurtenant thereto, and together with
all easements, rights-of-way, access rights, special use permits or any other
permits pertaining to these water rights on the Property. The deed does not
convey 1 cfs in the Cramer Ditch and appurtenant interests retained by
Grantor's predecessor in interest for use on Lot 1 of the Thomas Emma
Subdivision Exemption.
*priorities are reflected in Case 132, CA 3082, W-3414, W-867, W-1801 and CA
2811 in the Water Court in and for Water Division No. 5, State of Colorado
111l111 I!I!1 IIIIf 111111 fill 11111111111I 1111111111111111
444464 06/22/2000 03:19P DEED CON DAVIS SMVI
21 of 21 R 105.00 D 0.00 N 0.00 PITKIN COUNTY CO
19
QUIT CLAIM DEED
VIVIANE THOMAS TRIMBLE, for the consideration of Ten Dollars ($10.00) and other
c0i good and valuable consideration, in hand paid(and other good and valuable consideration),hereby
sells and quit claims to THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
--� COLORADO,whose address is ! 7 the following real property
Wa 5 in the County of Pitkin and Eagle, State of Colorado:
=az
F The Railroad Right of Way described in Book 3, Page 310 of the
00. records of Pitkin County, Colorado, or wherever physically located,
o m and all her right, title, or interest in any and all encroachments onto
~�m adjacent lands shovin and/or noted on the Plat thereof recorded as
�V4 z Reception No. in Plat Book'02 at Page
�m m _��, not including, however, any interest in Lot 1, Thomas
�m m Emma Subdivision Exemption, as shown on said Plat.
�N�
—N m Also known by street number as: N/A
�m
=-u DATED this AQ day of 2000.
_V..
r
Viviane Thomas Trimble
STATE OF COLORADO
l ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me thisC-,,,day of v)f1 , 2000,
by VIVIANE THOMAS TRIMBLE.
Witness my hand and
My commission ex es:
[Seal] 1. '1 p
per. �S �!% <.J`'�L L!<<�- /! L- 6?,�fL�✓/'
c'p�o,hno° Notary Public
C:\Data\Clicnts\Thomu\Vivianne\qcdl.wpd
ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS THI 21 T DAY OF JUKE' O00
BOARD OF COUNTY COMMISSIONER ?? l /r
7�1
BY-',,-- SHELLIE R Y HARPER, CHAIR AT bI
I
SPECIAL WARRANTY DEED
THIS DEED, made this /14 of June, 2000, between THE TRUST FOR
PUBLIC LAND, a nonprofit California public benefit corporation ("Grantor"), and PITKIN
COUNTY, Colorado , a body politic and political subdivision of the State of Colorado,
whose legal address is: 530 E. Main Street; Third Floor, Aspen, CO 81611 ("Grantee").
WITNESSETH, that the Grantor for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good an valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto
the Grantee, its successors and assigns forever, all the real property together with
improvements, if any, situate, lying and being in the Counties of Pitkin and Eagle, State
of Colorado described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
TOGETHER, with all and singular of Grantor's interest in and to the
hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or in equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
T TO HAVE AND TO HOLD, the said premises above bargained and described, �J
with the appurtenances, unto the Grantee, its successors and assigns forever. And the ,
Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the time of the ensealing l
and delivery of these presents, it is well seized of the premises above conveyed, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
' and convey the same in manner and form as set forth herein, except and subject to
Real Property taxes for 2000 payable in 2001; building and zoning regulations; and
THOSE ITEMS DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS
THEREOF.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above-
bargained premises in the quiet and peaceable possession of the Grantee, its S
successors and assigns, against all and every person or persons lawfully claiming the c
whole or any part thereof through Grantor and no other person. The singular number
shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders. 'Z5
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set
forth above.
THE TRUST FOR PUBLIC LAND
1111111111111111111111111111111111111111111 IN
I of04 Rg0?002D00.00 N50.00 PITKINAVIS L VI
COUNTY CO
By:
TED O. HARRISON
STATE OF NEW MEXICO )
COUNTY OF SANTA FE )
The foregoing instrument was acknowledged before me this day of June,
2000, by Ted O. Harrison, Vice President, The Trust for Public Land, a nonprofit
California public benefit corporation, on behalf of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: `/'� 3 - 2.001
q c NOTAI�y °^ zt
F Public
rininN�
ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS THIS 21ST DAY OF JUNE 2000
BOARD OF COUNTY COMMISSIONER
All
BY: SHEIILI RO HARPE CHA R
ATTEST:
444462 06/22/2000 03:15P SPEC WO DAVIS SILVI
2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT A
(Property Description)
Parcel 1: Trimble Parcel `B" (fee acquisition)
A parcel of land in Pitkin County, Colorado more particularly described as Lo 2, T OMAS
EMMA SUBDIVISIO XEMPTION ording to the Plat thereof recorded
2000, in Plat Book , at Page !� . Ac
Parcel 2: Thomas Parcel (fee acquisition)
A parcel of land in tract 49, TBS, R87W of the 6th P.M.,
County of Eagle, State of Colorado and more particularly described as follows:
Beginning at AP 8 Tract 49, which is monumented with a 1924 GLO Brass Cap;
thence along the tract line AP 8 - AP 9 Tract 49, N 00 Deg.02'47" E
104.40' To The True Point Of Beginning;
thence along the tract line AP 8 -AP 9 Tract 49,
00 Deg. 02'47" E 213.73' to the South R.O.W. line of the State Highway;
thence along the South line of the R.O.W. N 63 Deg. 27'60" E 237.28';
thence along the South R.O.W. line on a curve to the right
458.56' ( Radius = 2805.00', Angle = 09 Deg. 22' Chord = 458.05');
thence along the South line of the R.O.W. N 72 Deg. 50' E 124.82';
thence S 00 Deg. 02'47" 527.04';
thence N 90 Deg. W 756.43' To The True Point Of Beginning
COUNTY OF EAGLE
STATE OF COLORADO
I I"II� "III "III' I'I'I 'I'I II"I' III"I III "I" IIII I"�
444462 06/22/2000 03:15P SPEC WD DAVIS SILVI
3 of 4 R 0.00 D 0.00 N 0,00 PITKIN COUNTY CO
EXHIBIT B
(Permitted Exceptions)
1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted and
right of way for ditches or canals constructed by the authority of the United States as
reserved in United States Patent recorded in Book 55 at Page 29 and Book 55 at Page
80.
2. Easement and right of way granted to Rocky Mountain Natural Gas Company,
Inc., in instrument recorded October 19, 1961 in Book 195 at Pages 421 and 424 and
June 1, 1965 in Book 213 at Page 181.
3. Easement and right of way for an electric transmission or distribution line or
system, as granted to Holy Cross Electric Association, Inc., in instrument recorded April
14, 1988 in Book 561 at Page 178.
4. Easement and right of way as granted to The Mountain States Telephone and
Telegraph Company in instrument recorded August 5, 1988 in Book 570 at Page 317.
5. Encroachments and all matters as disclosed by Survey of Louis H. Buettner
dated Revised 12/29/99.
I"III 'I�I� f'III' �'lll �I'I I�'�I' III"I III 'IIII 'I'I I"I
444462 06/22/2000 03:13P SPEC WD DAVIS SILVI
4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
QUIT CLAIM DEED
(Water Rights)
THE TRUST FOR PUBLIC LAND, for the consideration of Ten Dollars ($10.00)
and other good and valuable consideration, in hand paid (and other good and valuable
consideration), hereby sells and quit claims to PITKIN COUNTY, COLORADO. a
political subdivision and body politic of the State of Colorado, whose address is 530 E.
Main Street; Third Floor, Aspen, CO 81611, the following real property in the County of
Pitkin and Eagle, State of Colorado:
2.0 cfs in the Home Supply Ditch*, representing the entire interest of the Grantor therein,
1.0 cfs in the Cramer Ditch*, representing one-half of the rights of the Grantor therein
divided equally among all priorities, and any and all other water rights appurtenant to and
historically used for irrigation on the real property described as Lot 2,Thomas Emma
Subdivision Exemption, Pitkin County, Colorado, and the real property in Eagle County,
Colorado described in Exhibit A attached hereto, (collectively the "Property"), together
with the interest of the Grantor in all ditches, ditch rights, water, water rights, water stock
headgates, laterals and water structures, pumps, diversion structures and devices, and
measuring devices on the Property of used in connection with the Property appurtenant
thereto, and together with all easements, rights-of-way, access rights, special use permits
or any other permits pertaining to these water rights on the Property. The deed does not
convey 1 cfs in the Cramer Ditch and appurtenant interests retained by Grantor's
predecessor in interest for use on Lot 1 of the Thomas Emma Subdivision Exemption.
*priorities are reflected in Case 132, CA 3082, W-3414, W-867, W-1801 and CA 2811 in
the Water Court in and for Water Division No. 5, State of Colorado
Dated this day of June, 2000.
} THE T ST R PUBLIC LAND
By:
TED O. HARRISON
IIIIII Hill II1111 IIIII 1111111111 IIIIII III 111111111 IN
444463 06/22/2000 03:17P OCD DAVIS SILVI
1 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
ACKNOWLEDGMENT
STATE OF NEW MEXICO )
ss.
COUNTY OF SANTA FE ) q
This instrument was acknowledged before me on June I J , 2000, by Ted O.
H+a.��,Vice President, The Trust for Public Land, a nonprofit California public benefit
4mrpWip14,'bi?behalf of said corporation
ARY PUBLIC
:. '°U oc
sue' RLn, gpdn Expixes:w:
ACCEPTED BY THE BOARD OF COUNTY COMMISSIOENRS THIS 21ST DAY OF JUNE, ,:2000
BOARD OF ,�COUNTY COMMISSIONERS
BY: LLIE RO HA P• , CHAIR
ATT /
I IIIIII IIIII IIIIII IIIII Ilil IIIIII IIIIII III IIIII IIII illl
444413 06/22/2000 03:17P OCD DAVIS SILVI
2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO