HomeMy WebLinkAboutpitco.ost.crystalislandranch.consdeed.512280
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DEED OF CONSERVATION EASEMENT
(Crystal Valley Ranch - East of River - Pitkin County)
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THIS DEED OF CONSERVATION EASEMENT (the "Easement") is made thisS
day of July, 2005, by and between THE CONSERVATION FUND, a Maryland non-profit
corporation, 1800 North Kent Street, Suite 1120, Arlington VA 22209, Attention: General
Counsel (the "Fund"), and SUSTAINABLE CONSERVATION, INC., a Maryland non-profit
corporation, 1800 North Kent Street, Suite 1120, Arlington VA 22209, Attention: General
Counsel ("SCI") (collectively the Fund and SCI are referred to as the "Grantor"), in favor ofthe
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body
corporate and politic, ("Pitkin County") whose address is 530 E. Main Street, Aspen, CO
81611, and to ASPEN VALLEY LAND TRUST, anon-profit corporation, the address of which
is 320 Main Street, Suite 204, Carbondale, CO 81623 ("AVLT") (collectively Pitkin County and
A VL T are referred to as the "Grantee").
The following exhibits are attached hereto and made a part ofthis Easement:
Exlnbit A
Exhibit B
Description of Property
Map of Property
RECITALS:
A.
Grantor is the owner of 84.22 acres, more or less, located in Pitkin County, Colorado,
which is referred to as the "Property". The Property is described on the attached Exhibit
A and depicted on the attached Exhibit B. Immediately prior to the granting of this
Easement Grantor has granted a public trial easement to Pitkin County along the easterly
side of the Crystal River which allows public access to the Crystal River (the "Trail )
Easement"). The Trail Easement was recorded on (. l"2. ,2005, in Book14
at Page ~, as Reception No. ~ ofthe records of the Pitkin County,
Colorado, Clerk and Recorder.
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B. The Property possesses natural, scenic, open space, agricultural, wildlife, aesthetic,
ecological and environmental values (collectively, "Conservation Values") of great
importance to Grantor, the Grantee, the people of Pitkin County and the people of the
State of Colorado which are worthy of protection in perpetuity. Grantor and Grantee
recognize that economic development ofthe Property would have an adverse impact on
and greatly impair these conservation values. The Property also has values as indicated by
the following conservation policies:
I) The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. ~ ~ 4201, et seq., the
purpose of which is ''to minimize the extent to which Federal programs and
policies contribute to the unnecessary and irreversible conversion of farmland to
non-agricultural uses, and to assure that Federal programs are administered in a
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RETURN TO:
PITKIN COUNTY OPEN SPACE
DALE WILL
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manner that, to the extent practicable, will be compatible with States, units oflocal
government and private programs and policies to protect farmland."
2) C.R.S. ~ 38-30.5-101, et seq., providing for the establishment of conservation
easements to maintain land "in a natural, scenic or open condition, or for wildlife
habitat, or for agricultural. . . or other use or condition consistent with the
protection of open land having wholesome environmental quality or life-sustaining
ecological diversity."
3) C.R.S. ~ 33-1-101, et seq., which provide in part that "it is the declared policy of
the State of Colorado that the wildlife and their environment are to be protected,
preserved, enhanced, and managed for the use, benefit, and enjoyment of the
people ofthis state and its visitors."
4) C.R.S. ~ 35-3.5-101, et seq., which provide in part that ''it is the declared policy of
the State of Colorado to conserve, protect, and encourage the development and
improvement of agricultural land for the production of food and other agricultural
products."
5) The preservation of critical wildlife habitat, open space and agricultural operations
which conforms with Policies 2-120 (Scenic Quality), 2-160 (Wildlife
Management) and 2-240 (Compatibility with Agricultural Lands and Operations)
ofthe Pitkin County Land Use Code.
C. In particular, the Property possesses at least the following Conservation Values:
(1). Scenic and Visual. The Property is visible from the West Elk Historic and Scenic
Byway along Colorado State Highway 133, and the Crystal River, and the public Trial
Easement described above. The development of the Property would mar the
predominantly natural and agricultural view ofthe vicinity from the public highway, trials
and river access. The Property is adjacent to other properties which are in a relatively
natural condition, and, together with the adjoining properties, provides a large area of
open space which protects scenic vistas for the public.
(2). Wildlife. The Property and immediate vicinity are home to a diversity of species of
wildlife including elk and deer, together with a wide variety of small mammals and birds.
The Property provides an important wildlife corridor to and from adjacent properties.
(3). Ecological. The Property provides important wildlife habitat for the variety of
species described above. The Property is adjacent to other properties being preserved for
wildlife habitat and, together with adjoining properties, provides a large area ofrelatively
natural habitat. The Property has range which is in good condition.
(4). Alrricultural. Much of the Property historically has been used for grazing and
irrigated production of crops. Preservation of agricultural uses on the Property is an
important Conservation Value.
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D. The parties acknowledge that specific Conservation Values ofthe Property will be
documented in an inventory of relevant features ofthe Property, which inventory will be
dated no later than August 1, 2005 (the "Baseline Documentation"). A copy of the
Baseline Documentation will be kept on file at the offices of the Grantor and the Grantee.
The Baseline Documentation shall consist of reports, maps, photographs, and other
documentation that the parties agree 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 ofthis grant and shall be
signed by both the Grantor and the Grantee.
E. Grantor intends that the Conservation Values ofthe Property be preserved and maintained
by the continuation of the undeveloped condition ofthe Property existing at the time of
this grant, subject to the uses permitted herein.
F. Grantor further intends, as owner ofthe Property, to convey to Grantee the affirmative
right to preserve and protect the Conservation Values ofthe Property in perpetuity
exclusively for conservation purposes.
G. Grantee is an organization qualified under Sections 501 (c )(3) and 170(h) ofthe Internal
Revenue Code, and descnbed in C.R.S. Section 38-30.5-104(2) qualified to hold this
Easement.
NOW, THEREFORE, in consideration ofthe above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws ofthe State of Colorado,
and in particular C.R.S. Sections 38-30.5-101 et seq., Grantor hereby voluntarily grants and
conveys to Grantee a Conservation Easement in perpetuity over the Property ofthe nature and
character and to the extent hereinafter set forth ("Easement'').
I. Purpose. It is the purpose ofthis Easement to assure that the Property will be retained
forever predominantly in its natural, scenic, and open space condition, to preserve and
protect in perpetuity the wildlife, aesthetic, ecological, agricultural and environmental
values and characteristics ofthe Property, to permit public access in accordance the Trail
Easement, and to prevent any use ofthe Property that will significantly impair or interfere
with the Conservation Values ofthe Property. Grantor intends that this Easement will
confine the use ofthe Property to such activities as are consistent with the purpose ofthis
Easement.
2. Affirmative Rights of Grantee. To accomplish the purpose ofthis Easement the following
rights are conveyed to Grantee by this Easement:
2.1. To identity, preserve, protect and enhance the Conservation Values of the
Property as set forth in the Baseline Documentation.
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2.2. To enter upon the Property at reasonable times (and ordinarily not more than two
times per year) upon prior notice to the Grantor (except in case of emergency) in
order to monitor Grantor's compliance with and otherwise enforce the terms of
this Easement; to enter upon the Property, after giving written notice and with the
written consent ofthe Grantor, to observe, study and make educational and
scientific observations on the Property; provided, however, that any such right of
entry shall not unreasonably interfere with Grantor's use and quiet enjoyment of
the Property consistent with this Easement;
2.3. To enter onto as much ofthe Property as is reasonably necessary for the
construction and maintenance ofthe trails described in the Trail Easement; and
2.4. To enjoin or prevent any activity on or use of the Property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or
features of the Property that may be damaged by any inconsistent activity or use.
3. Uses. The Property shall be used only for agriculture, non-motori2ed recreation and open
space uses. Any activity on or use ofthe Property inconsistent with the preservation ofthe
agricultural, non-motori2ed recreation and open space areas, and/or the purpose of this
Easement is prohibited. Without limiting the generality ofthe foregoing, the following
activities and uses are permitted or prohibited as expressly provided below:
3.1. Subdivision. The division or subdivision of the Property, whether by physical or
legal process, including partition, is prohibited. At all times the Property shall be
owned and maintained as a single parcel.
3.2. Agricultural Uses: Conservation Practices. Grantor recognizes the importance of
good resource management and stewardship to present and future generations. In
keeping with this, agricultural uses and gra2ing of domestic livestock, while not
required, is permitted as provided herein, provided that the condition ofthe
Property is maintained and the Conservation Values of the Property are protected.
At all times Grantor shall utilize sound agricultural, gra2ing and range management
practices so that the Property is maintained in good condition and overgrazing
does not occur. The amount of gra2ing which may occur on the Property so that
the range is maintained in good condition will vary depending upon range, weather
and climatic and other conditions. Grantor agrees that cattle should not be
allowed within the Trail Easement or onto the banks ofthe Crystal River and that
before any cattle gra2ing is undertaken on the Property a fence will be erected
along the eastern boundary ofthe Trail Easement, as depicted on Exhibit B.
Grantor further agrees that cattle should not be allowed to gra2e within the natural
spring and associated wetland, as depicted on Exlubit B, and that before any cattle
gra2ing is undertaken on the Property, this area shall be fenced.
3.3. Fences. Grantor may construct, repair or replace fences on the boundaries ofthe
Property (except where the Trial Easement crosses the boundary of the Property)
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and along the boundary of the Trail Easement. No mesh or woven wire fencing is
permitted. New fencing shall be constructed and maintained in such a manner as
to permit the migration ofwildlife across the Property and shall be consistent with
standards approved by Pitkin County and the State of Colorado, Department of
Natural Resources, Division of Wildlife.
3.4. Other Buildings and Structures Prohibited. The construction of any building or
other structure or improvement is prohibited, unless the consent of Grantee is
provided in writing and an amendment to this Easement is recorded.
3.5. Timber Harvesting. Trees and other vegetation may be cut to control insects and
disease, to control invasive non-native species and to prevent personal injury and
property damage. Limited tree and other vegetation cutting is permitted as
required for fire prevention and for clearing of the area necessary for the
construction ofthe fences and trails permitted herein. Dead trees may also be cut
for firewood and other uses on the Property. Commercial timber harvesting on the
Property is prohibited.
3.6. Mining. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel,
or any other mineral substance of any kind or description, whether by surface or
subsurface means, is prohibited.
3.7. Trail Construction. Construction of trails is permitted in accordance with the Trail
Easement and for two non-public trails which connect to the adjacent Crystal
Island Ranch.
3.8. Trash: Storage of V ehicles. The dumping or uncontained accumulation of any kind
oftrash or refuse on the Property is prohibited. The storage of abandoned or
inoperative vehicles is prohibited.
3.9. Commercial or Industrial Activity: Nuisances. The Property shall not be used for
industrial activities, or for commercial uses other than the funited agricultural uses
permitted herein. Examples of such prohibited uses are: commercial feedlots,
commercial meat or poultry processing facilities, commercial greenhouses,
sawmills or logging operations or facilities, agricultural products retail outlets,
concentrated animal feeding operations and commercial recreational uses.
3.10. Recreation: Motori2ed Vehicles. The Property may be used for passive non-
motori2ed recreational uses such as horseback riding, hiking, cross-country skiing,
fishing and hunting in accordance with applicable laws and regulations. Golf
courses, aircraft landing facilities, and other intensive or commercial recreational
uses of the Property are prohibited, except for hunting and fishing activities
pursuant to a complying lease. Motori2ed vehicles may be used on the Property
only for agricultural or property management purposes.
3.11. Leases. Grantor agrees not to enter into any lease or other agreement for all or a
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portion ofthe Property unless such lessee or other party agrees in writing to
comply with the terms of this Easement. Nonetheless, the Grantor shall remain
liable for compliance with all ofthe terms and conditions of this Easement.
Grantee shall be notified in writing at least thirty (30) days prior to the beginning
date of any such lease.
3.12. Unleashed Dogs. No unleashed dogs are permitted on the Property except for
trained dogs used for livestock management and movement activities.
3.13. Access Easements to Other Properties. No access easements or rights of way shall
be granted on or across the Property to or for the benefit of any adjacent private
land.
4. Notice ofIntention to Undertake Certain Permitted Actions. The purpose of requiring
Grantor to notify Grantee prior to undertaking certain permitted activities is to afford
Grantee an opportunity to ensure that the activities in question are designed and carried
out in a manner consistent with the purpose ofthis Easement. Whenever notice is
required, Grantor shall notify Grantee in writing not less than thirty (30) days prior to the
date Grantor intends to undertake the activity in question. The notice shall describe the
nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the purpose of this Easement.
5. Grantee's Approval. Where Grantee's approval is required Grantee shall grant or withhold
its approval in writing within thirty (30) days of receipt of Grantor's written request
therefor. Grantee's approval may be withheld only upon a reasonable determination by
Grantee that the action as proposed would be inconsistent with the purpose ofthis
Easement, except as otherwise noted herein. The failure of Grantee to respond after thirty
(30) days shall be deemed as Grantee's approval.
6. Enforcement. Grantee shall have the right to prevent and correct or require correction of
violations ofthe terms and purposes of this Easement. In the case ofa reasonable belief
that a violation of this Easement may have occurred and upon 48 hours prior notice
(which does not have to be given by certified mail), Grantee may enter the Property for
the purpose of inspecting for violations. If Grantee finds what it believes is a violation,
Grantee shall immediately notify Grantor in writing of the nature ofthe alleged violation.
Upon receipt of this written notice, Grantor shall either (a) restore the Property to its
condition prior to the violation or (b) provide a written explanation to Grantee ofthe
reason why the Grantee believes that no violation exists or why the alleged violation
should be permitted. Ifthe condition described in clause (b) above occurs, both parties
agree to meet as soon as possible to resolve this difference. Ifa resolution ofthis
difference cannot be achieved at the meeting, both parties agree to meet with a mutually
acceptable mediator to attempt to resolve the dispute. When, in Grantee's opinion, an
ongoing or inuninent violation could irreversibly diminish or impair the Conservation
Values of the Property, Grantee may, at its discretion, take appropriate legal action.
Grantor shall discontinue any activity which could increase or expand the alleged violation
during the mediation process. Should mediation fail to resolve the dispute, Grantee may,
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at its discretion, take appropriate legal action. If a court with jurisdiction determines that a
violation is imminent, exists, or has occurred, Grantee may obtain an injunction to stop it,
temporarily or permanently. A court may also issue an injunction to require Grantor to
restore the Property to its condition prior to the violation.
7. Costs of Enforcement. If Grantee prevails in any action to enforce the terms ofthis
Easement, then any costs incurred by Grantee in enforcing the terms ofthis Easement
against Grantor, including, without limitation, costs of suit and attorneys' fees, and any
costs of restoration necessitated by Grantor's violation ofthe terms ofthis Easement shall
be borne by Grantor. If Grantor prevails in any action to enforce the terms ofthis
Easement, Grantor's costs of suit, including, without limitation, attorneys' fees, shall be
borne by Grantee.
8. Grantee's Discretion. Enforcement ofthe terms ofthis Easement shall be at the discretion
of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in
the event of any breach of any term ofthis Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same
or any other term ofthis Easement or of any of Grantee's rights under this Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a waiver.
9. Waiver of Certain Defenses. Grantor hereby waives any defense of estoppel (except as
provided in this paragraph), laches or prescription. The failure of Grantee to discover a
violation or to take immediate legal action shall not bar it from doing so at a later time and
Grantor hereby waives any defense available to Grantor pursuant to C.RS. Section 38-41-
119.
10. Acts Bevond Grantors' Control. Nothing contained in this Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury to or change in the
Property, as evidenced in the Baseline Documentation, resulting from causes beyond
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or
from any prudent action taken by Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to the Property resulting from such causes.
11. No Public Access Roouired. No right of access by the general public to any portion ofthe
Property is conveyed by this Easement, provided however public access may be permitted
by the Grantor for the purposes descnbed herein. Public access is permitted under the
Trail Easement, and fishing access shall be allowed within the Crystal River and along the
banks up to the location of the Trail Easement.
12. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including fences, weed control and eradication, and the maintenance of adequate
comprehensive general liability insurance coverage which insurance shall name Grantee as
an additional insured. Upon Grantee's request, Grantor shall provide Grantee with a copy
ofthe certificate ofinsUfance for such coverage. Grantor shall keep the Property free of
any mechanics' liens arising out of any work performed for, materials furnished to, or
obligations incurred by Grantor except to the extent any such lien is filed as a result of a
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good faith dispute by Grantor with respect thereto.
13. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively ''taxes''), including any taxes imposed upon, or incurred as a result of, this
Easement except to the extent Grantor disputes any such taxes through appropriate
proceedings, and shall furnish Grantee with satisfactory evidence of payment upon
request. Grantee is authorized but in no event obligated to make or advance any payment
of taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill,
statement, or estimate procured form the appropriate authority, without inquiry into the
validity of the taxes or the accuracy of the bill, statement or estimate, and the obligation
created by such payment shall bear interest until paid by Grantor at the rate often percent
(10%) per annum.
14. ResDonsibility for Actions. Grantor shall hold harmless and indemnifY Grantee and its
members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Indemnified
Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes
of action, claims, demands, or judgments, including, without limitation, reasonable
attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any
person, or physical damage to any property, resulting from any act, omission, condition, or
other matter related to or occurring on or about the Property, regardless of cause, unless
due solely to the negligence or willful misconduct of any of the Indemnified Parties; (2)
the obligations specified herein; and (3) the presence or release ofhazardous or toxic
substances by Grantor or its employees, contractors or agents, on, under or about the
Property, unless introduced onto the Property by one or more ofthe Indemnified Parties.
For the purpose ofthis paragraph, hazardous or toxic substances shall mean any
ha2ardous or toxic substance which is regulated under any federal, state or local law.
15. Extinguishment. Ifcircumstances arise in the future such as render the purpose oftms
Easement impossible to accomplish, this Easement can be terminated or extinguished,
whether in whole or in part, only by judicial proceedings in a court of competent jurisdic-
tion. Each party shall promptly notifY the other when it first learns of such circumstances.
The amount ofthe 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 the "Proceeds"
paragraph, below. In making this grant, the Grantor has considered the possibility that
uses prohibited by the terms ofthis Easement may become more economically valuable
than permitted uses, and that neighboring properties may in the future be put entirely to
such prohibited uses. It is the intent ofthe parties that any such changes shall not be
deemed to be circumstances justifying the termination or extinguishment of this Easement.
In addition, the inability of the Grantor, or its successors, or assigns, to conduct or
implement any or all of the uses permitted under the terms oftrus Easement, or the
unprofitability of doing so, shall not impair the validity ofthis Easement or be considered
grounds for its termination or extinguishment.
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16. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which the parties stipulate to have a fair market value of 90% ofthe fair market
value ofthe Property unencumbered by the Easement (minus any increase in value after
the date of this grant attributable to improvements) (the "Easement Value''). For the
purposes ofthis paragraph, the ratio of the value of the Easement to the value of the
Property unencumbered by the Easement shall remain constant.
17. Condemnation. If the Easement is taken, in whole or in part, by exercise ofthe power of
eminent domain, Grantee shall be entitled to compensation in an amount equal to the
Easement Value in full iftaken in whole or prorated based upon the portion taken if taken
in part.
18. Assigrunent. 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) ofthe Internal Revenue Code of 1954, as
amended (or any successor provision then applicable), and the applicable regulations
promulgated thereunder, and (b) authori2ed to acquire and hold conservation easements
under C.R.S. Section 38-30.5-104(2) (see also C.R.S. Section 39-22-522(3)). As a
condition of such transfer, Grantee shall require that the conservation purposes that this
grant is intended to advance continue to be carried out.
19. Subsequent Transfers: Subordination of Mortgages. Grantor agrees to incorporate the
terms ofthis Easement by reference into any deed or other legal instrument by which they
divest themselves of any interest in all or a portion ofthe Property, including, without
limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of
the transfer of any interest at least thirty (30) days prior to the date of such transfer. The
failure of Grantor to perform any act required by this paragraph shall not impair the
validity ofthis Easement or limit its enforceability in any way, nor shall it invalidate any
such transfer. The Grantor covenants and represents that at the time of granting ofthis
Easement any mortgage or deed oftrust is and shall be subordinate to the terms ofthis
Easement.
20. Notices. Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other shall be in writing and either served
personally or sent by certified mail, return receipt requested, addressed as follows:
To Grantee:
Pitkin County Open Space and Trails
530 East Main Street, Suite 301
Aspen, CO 81623
Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
and to:
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Pitkin County Attorney
530 East Main Street
Aspen, CO 81623
To Grantor:
At the address shown above.
or to such other address as either party from time to time shall designate by written notice
to the other.
21. Grantor's Title Warranty. The Grantor warrants that it has good and sufficient title to the
Property, and that any mortgages, deeds of trust or monetary liens encumbering the
Property are subordinate to the terms of this Easement, and hereby promises to defend the
same against all claims from persons claiming by, through, or under the Grantor. The
parties intend that this Easement encumber the Property, including any and all of
Grantor's interest in all soil, sand, gravel, oil, natural gas, fuel, or any other mineral
substance of any type or character on or thereunder, and the Water Rights described
herein, whether any such interest is owned or is later acquired.
22. Recordation. Grantee shall record this instrument in timely fashion in the official records
of Pitkin County, and may re-record it at any time as may be required to preserve its rights
in this Easement.
23. General Provisions.
23.1. Controlling Law. The interpretation and performance ofthis Easement shall be
governed by the laws ofthe State of Colorado.
23.2. Liberal Construction. Any general rule of construction to the contrary notwith-
standing, this Easement shall be liberally construed in favor ofthe grant to effect
the purpose of this Easement and the policy and purpose ofC.R.S. Section
38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous,
an interpretation consistent with the purpose ofthis Easement that would render
the provision valid shall be favored over any interpretation that would render it
invalid.
23.3. Severability. Ifany provision of this Easement, or the application thereofto 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.
23.4. Entire AlUeement. 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
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herein.
23.5. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
23.6. Successors. The covenants, terms, conditions, and restrictions ofthis Easement
shall be binding upon, and inure to the benefit of, the parties hereto and their
successors, and assigns and shall continue as a servitude running in perpetuity with
the Property.
23.7. Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer ofthe party's interest in the Easement or
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer for the applicable statute of limitations period.
23.8. Captions. The captions in this instrument have been inserted solely for convenience
ofreference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
23.9. Amendment. If circumstances arise under which an amendment to or modification
of this instrument would be appropriate, Grantor and Grantee are free to jointly
amend this instrument; provided that no amendment shall permit the partition,
division, subdivision, or de facto subdivision ofthe Property, nor shall any
amendment be allowed that will affect the qualifications ofthis instrument under
any applicable laws. Any amendment must be consistent with the conservation
purposes ofthis instrument and may not affect its perpetual duration. Anyamend-
ment must be in writing, signed by both parties, and recorded in the records ofthe
Clerk and Recorder ofthe County in which the Property is located.
23.10. No Third Party Beneficiary. This Easement is entered into by and between the
Grantor and the Grantee, and except as provided herein, is solely for the benefit of
the Grantor and the Grantee, and their respective successors in interest and assigns
and does not create rights or responsibilities in any third parties.
24. Liability for Period of Ownership Only. The parties shall be liable only for acts or
omissions while owners oftheir respective interests in the Property. After conveyance of
their respective interests in the Property, each party shall be relieved from any further
liability hereunder.
25. COIJIDliance with Laws. All uses of the Property shall comply with all applicable laws and
regulations. Although Pitkin County has a property interest in this Easement, nothing in
this Easement shall be construed to mean that any pennitted uses or structures have been
given approval by Pitkin County, Colorado in its governmental capacity. Grantor shall be
solely responsible for obtaining any and all applicable zoning, building, land use and other
approvals necessary for the lawful use of the Property.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have executed this Deed of Conservation
n:\\IcI\U1rych\lelinekICElCE6
7/5105
11
Easement on the day and year first above written.
1111111111111111111111111111111111111111111111111111111 :;;~~~0~f 0~~3~
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
n:\\lcl\Ulrych\lelinek\CElCE6 12
7/5105
\1111l1.1~1~IM :~~iH:';~"
SILVI~ D~VIS PITKIN COUNTY CO R 0.
GRANTOR:
FUND,
or~
Date: I . ':) - Or;
Its:
~fll("hM'ql.\lh OF \.;~~'If) ;Ct
COUNTY OF f\c-~\~-hA )
)
) ss.
fi) _ \ ~e foregointl instrument was acknowledged befure me this s= day ofJuly, 2005, by
h\c:w\Q. 1... ~d~M as &-U-\I~ \hoe P-nlSIdt.->>ofThe Conservation Fund, a
Maryland non-profit corporation, as Grantor.
N\eJG;~1c:,
n:\ltcf\U1rych\lelinekICElCE6
715/05
13
1111111111111111111111111111111111111111111111111111111 :;;~~:0~f 0;~ 32
SILVIR ORVIS PITKIN COUNTY CO R 0.00 D 0.00
GRANTOR:
Date: r ' .0:;. 0 '5
~U\\A.AtUh OF 'v, 0''/\ .. 'i
COUNTY OF ft. l\~("\
)
) ss.
)
..j1:.
o. \. The fo~oing instrument was acknowl~ged before me this.,s:: day of July, 2005, by .
\\\cA'\Gr.A L. r-r../tT'Uil(\ as '\i"es.lJe~ of Sustainable ConservatIon,
Inc., a Maryland non-profit corporation, as Grantor.
WITNESS my hand and official seal.
,3)3t108
n:\ltel\U1rych\leJinek'CE'CE6
7151O~
14
1111111111111111111111111111111111111111111111111111111 ~;;~~~0~( 0i8 32
SILVIA OAVIS PITKIN COUNTY CO R 0.00 D 0.00
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, a body corporate and politic
By ~atiJ.:.../~ - CJ~
Title BDc.e. ~n ()1~(),-c;!"
ATTEST:
By
Title
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged before me this ~ day of July, 2005, by
T.QHI1U1C,"' (l!fippl'1"",as (' Ifa.;{ of the Board of County Commissioners
ofthe Pitkin County, Colorado, a body corporate and politic, Grantee. .
Pr\SClIla Dawn Prohll Notary pu:~
Witness my hand and official seal. My eommis&ion E.)(plr~ 612512
601 E. HopkinS
AIpen,CO 81611
My commission expires:
.I
n:\\tcl\Ulrych\lelinek'CElCE6
7/5/05
15
\lllllmll~I".. :;~~;~~ ':'"
SILVI~ D~VIS PITKIN COUNTY CO
GRANTEE:
ASPEN V ALLEY LAND TRUST, a non-profit corporation
By if Itt~ ~(tttM...~
Title &-ecuhve 'Dr/~clG>v
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing document was acknowledged before me this ~ day of July, 2005, by
a1 a y.j~1 0... r {\ (' h. rtF" , as r)(p C I Ii 1 ~ 01 'e t.idY ofthe Aspen Valley Land Trust, a non-
profit corporation, as Grantee. p ohI , Notary Public
prlscilla Dawn ~ 612512007
My CommlsslOl1 Elcplre8
Witness my hand and official seal. 601 E. HopkIns
Aspen, CO 81611
Attach:
Exhibit A
Exhibit B
Description of Property
Map of Property
n:\\lcI\U1rych\lelinek'CElCE6
715105
16
II II IImllU I".. :;~~i~~.i'~
SILVIR ORVIS PITKIN COUNTY CO
EXHIBIT "A"
DESCRIPTION OF EAST PARCEL (also referred to as Parcel B)
parce.l B as described on the Crystal vaIlc:t Ranch Subdivision Exemption Plat, recorded on July
~. 2005, as Reception No. S/a'J...7 ofthe records of the Pitkin County, Colorado
Clerk and Recorder.
n:lltct\UlrycblJelinekICEICE6
7/7/05
17
.
Exhibit 8 to Crystal Valley Ranch
East Conservation Easement
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East Conservation
Easement Boundary
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