HomeMy WebLinkAboutpitco.ost.crystalislandranch.consdeed.512299
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DEED OF CONSERVATION EASEMENT
(Crystal Island Ranch - Thomas Creek)
THIS DOCUMENT CONTAINS NOTICE AND PAYMENT PROVISIONS UPON TRANSFER
OF ALL OR ANY PART OF THE REAL PROPERTY DESCRIBED HEREIN. SEE
PARAGRAPH 13.
1iA --:,\
THIS DEED OF CONSERVATION EASEMENT is granted this ~ day o~
2005,by RICHARD JELINEK, DEBBIE JELINEK, LLC, and CIR Ranch 1-5, LLC,
inclusive, Colorado Limited Liability Companies, having an address of 0312 Ridge Road, Aspen,
Colorado, 8161 1 ("Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, Colorado, a body corporate and politic, 530 E. Main St., Ste 301, Aspen,
Colorado 81611 (the "County"), and the ASPEN VALLEY LAND TRUST, having an address
of320 E. Main St. Suite 204, Carbondale, CO 81623 ("A VLT") and their successors and assigns
(collectively the County and A VL T are referred to as the "Grantee").
The following exhibits are attached hereto:
Exhibit A -
Exhibit B -
Exhibit C -
Description of Property
Map of Property
Grazing Management Appendix
RECITALS:
A. Grantor is the principal owner of Crystal Island Ranch ("CIR"), manager and sole
member ofCIR Ranches 1-5, LLC and desires to convey a conservation easement on 532.8 acres
of the CIR, more particularly described in Exhibit A and depicted in Exhibit B attached hereto
and incorporated by this reference (the "Property").
B. Grantor, prior to the execution ofthis Easement, intends to sever TDRs from the
property, with a concurrent Deed Restrictions going into effect, with the result that the
protections afforded by this Easement are supplemented by said Deed Restriction.
C. The Property possesses natural, scenic, open space, wildlife, wildlife habitat, agricultural,
rural, aesthetic, visual, recreational, 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 development ofthe Property in excess of what is allowed by
this Easement would have an adverse impact on and greatly impair these conservation values.
D. In particular, the Property possesses at least the following Conservation Values:
Scenic. The Property occupies the Crystal Island Ranch and has magnificent
views ofMt. Sopris, and surrounding areas. Portions of the Property are visible
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from the State Highway 133 Scenic Byway. The development of the Property
would mar the predominantly natural view of the vicinity from that public road.
The Property is adjacent to National Forest and other public lands and provides a
large area of open space that protects scenic vistas for the public.
2) Wildlife. The Property and immediate vicinity are home to a diversity of species
of wildlife including elk, deer, bear, mountain lion, marmot, badger, coyote and
fox, together with a wide variety of birds and raptors, and several reptiles and
amphibians.
3) Agricultural; Rural Character. The Property is currently used as a cattle ranch.
The current agricultural use of the Property and its current improvements are
consistent with the conservation purposes of this Easement. It is one of the goals
ofthis Easement to preserve the current rural and agricultural character of the
Crystal Island Valley.
4) Ecological. The Property provides important wildlife habitat for the variety of
species described above. The Property is adjacent to National Forest and
preserved for wildlife habitat and, together with adjoining properties, provides a
large area of relatively natural habitat. The Property has range which is in good
condition.
E. The parties acknowledge that specific Conservation Values of the Property are being
documented in an invent ry ofrt!evlW-!.features of the Property, which inventory shall be
completed on or before \) -sTI"S 'dVtthe "Baseline Documentation"). A copy of the
Baseline Documentation wil be kep on file at the offices ofthe 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
ofthis grant and which is intended to serve as an objective information baseline for monitoring
compliance with the terms of this grant and shall be signed by both the Grantor and the Grantee.
F. Grantor intends that the Conservation Values of the Property be preserved and maintained
by the continuation of the relatively undeveloped condition of the Property existing at the time of
this grant, except as provided herein.
G. The County and A VL T are respectively, a government entity and a publicly supported,
tax-exempt nonprofit organization, qualified under Sections 501(c)(3) and 170(h) of the Internal
Revenue Code, whose primary purpose is the preservation, protection, or enhancement of land in
its natural, scenic, historical, agricultural, forested, and/or open space condition. Grantee agrees
by accepting this grant to honor the intentions of Grantor stated herein and to preserve and
protect in perpetuity the Conservation Values of the Property for the benefit of this generation
and the generations to come;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms.
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conditions, and restrictions contained herein, and pursuant to the laws of the 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 of the nature and
character and to the extent hereinafter set forth ("Easement").
1. Purpose. It is the purpose of this 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, wildlife habitat, agricultural, aesthetic, visual,
ecological and environmental values and characteristics ofthe Property, and to prevent
any use of the Property that will significantly impair or interfere with the Conservation
Values of the Property, while permitting the limited residential, agricultural, recreational,
and other uses described herein. Grantor intends that this Easement will confine the use
ofthe Property to such activities as are consistent with the purpose of this Easement.
2. Affirmative Rights of Grantee. To accomplish the purpose of this Easement the following
rights are conveyed to Grantee by this Easement:
2.1. To preserve and protect the Conservation Values of the Property;
2.2. To enter upon the Property at reasonable times and upon prior notice, in order to
monitor Grantor's compliance with the terms of this Easement (the parties
acknowledge that Grantee will visit the Property to monitor compliance with the
terms ofthis Easement at least on an annual basis); and with the permission of the
Grantor, to observe, study and make educational and scientific observations on the
Property; provided, however, that any such right of entry shall not unreasonably
interfere with Grantor's use and quiet enjoyment of the Property consistent with
this Easement; and, subject to Paragraph 7 hereof, to enter upon the Property,
upon forty eight (48) hours prior notice to the Grantor in order to enforce the
terms of this Easement;
2.3. 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.
2.4. To recommend enhancement measures for the Property or measures which would
enhance the wildlife habitat, stream, wetlands or riparian viability or other natural
features ofthe Conservation Area and to enter upon the property with Grantor's
permission to perform such restoration at Grantee's own expense at times which
will not unreasonably interfere with the Grantor's use of the Property.
3. Permitted and Prohibited Uses. The Property shall be used only for conservation, wildlife
habitat, agricultural, passive recreational uses, limited residential uses, or other uses
which are permitted herein. Any other activity on or use of the Property inconsistent with
the purpose ofthis Easement is prohibited. Without limiting the generality of the
foregoing, the following activities and uses are permitted or prohibited as expressly
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provided below:
3.1. Subdivision. All partition, division, subdivision or de facto subdivision of title to
the Property, whether by physical or legal process, is prohibited.
3.2. Structures. The construction of any building or other structures or improvements
is prohibited.
3.3. Lighting. No exterior lighting shall be installed on the Property. Floodlighting to
highlight landscaping, buildings or other features of the Property are prohibited.
3.4. Agriculture. The Property is currently used for the following agricultural
activities, which are more fully described in the Baseline Documentation: grazing
of cattle.
3.4.1. Agriculture. Grantor retains the right to use the Property for agricultural
production, or to permit others to use the Property for agricultural
production, in accordance with applicable law and as provided herein.
Agricultural production shall mean the production of crops, livestock, and
livestock products, including grazing in accordance with sound grazing
practices as otherwise provided in Section 3.4
3.4.2. Preserve Agricultural Productivity. It is the intention of Grantor to
preserve the ability of the Property to be agriculturally productive,
including continuing agricultural activities, to engage in future agricultural
activities, and to preserve the rural character, wildlife habitat, and scenic
qualities of the Property. Grantor recognizes the importance of good
resource management and stewardship to present and future generations.
The current agricultural use ofthe Property and its current improvements
(as recorded in the Baseline Inventory) are consistent with the
conservation purposes ofthis Easement. Such uses may be reasonably
expanded only in such a manner as will not impair the Conservation
Values ofthe Property.
3.4.3. Sound Management. All agricultural operations on the Property shall be
conducted using sound management, and in a manner not wasteful of
range and soil resources, or detrimental to water quality and conservation,
stream banks, riparian habitat, wildlife habitat, and shall be conducted in
accordance with applicable law.
3.4.4. Grazing Management Plan. If Grantee determines, based on
environmental indicators identified in the Grazing Management Appendix
attached as Exhibit C, that livestock stocking rates or grazing
management are degrading stream banks along and adjacent to Thomas
Creek, riparian habitat, or other natural resources of plant communities
and soils, a Grazing Management Plan ("GMP") will be prepared by a
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qualified natural resource or grazing specialist mutually acceptable to
Grantor and Grantee. If such specialist requires a fee for the preparation of
the GMP, the expense ofthis shall be borne by the Grantee. This GMP
shall then be incorporated into this Deed and shall be used to govem
grazing practices.
3.4.5. Erosion Control. Efforts will be made to halt erosion along trails, roads,
irrigation ditches, cultivated fields, and other disturbed areas, and to
restore eroded land to its former condition where feasible.
3.4.6. Best Management Practices. To insure that livestock use can be
maintained in a sustainable manner, grazing of livestock will be managed
to allow plants to have adequate recovery and re-growth periods and
opportunity for seed dissemination and seedling establishment using best
management practices as noted in the Grazing Management Appendix,
including, but not limited to the following:
(a) High intensity/short duration grazing.
(b) Rest/rotation grazing.
(c) Critical growth period or season-long deferred grazing.
(d) Using salt and minerals to disperse livestock.
(e) Development oflivestock water sources away from riparian areas and
streams.
(t) Permanent fencing which meets wildlife-friendly standards (including
laydown-type fencing).
(g) Temporary electric fencing.
(h) Herding.
(i) Use of appropriate fencing to exclude cattle from riparian areas.
3.5. Wildfires. Naturally-caused wildfires may be allowed to bum with minimal or no
suppression.
3.6. Fences. No new mesh or woven wire fences are allowed. Whenever such fencing
is replaced, the replacement will comply with fencing standards provided below.
Efforts will be made to modifY existing fencing over a period of time to comply
with these fencing standards. New pasture fencing shall be limited to a three
strand barbed or smooth wire fence with a forty two inch (42") maximum height
above ground level and at least twelve inches (12") between the top two strands,
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or, where necessary for agricultural use, a four strand wire fence consistent with
standards approved by the Colorado Division of Wildlife for the migration of
wildlife across the Property.
3.7. Timber Harvesting. Trees may be cut for firewood used on the Property and for
fence posts and poles used on the Property, and to control insects and disease, and
to control invasive non-native species in conformance with any other land use
regulation, and to prevent personal injury and property damage from wildfire or
other causes, as well as other safety issues. Dead trees may also be cut for other
uses on the Property, provided that some dead trees should be left standing for
wildlife and bird habitat. Otherwise, and except as provided in Paragraph
3.3.2,the cutting, removal or harvesting of trees, including clearing land for
cultivation, use of livestock, or commercial timber harvesting, is prohibited,
except pursuant to the provisions of paragraph 3.10 below.
3.8. Mining. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel,
or any other mineral substance by Grantor is prohibited. Grantor shall retain
ownership of the minerals and minerals rights, including any ownership of the
soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance of any
kind or description (the "Minerals"), which Grantor owns at the time of granting
ofthis Easement in the same ownership ofthe Property itself and shall not sever
such Minerals from the ownership of the Property.
3.9. Trash. Storage of Vehicles. The dumping and uncontained accumulation of any
kind of trash or refuse on the Property is prohibited, except plant material
associated with ranch operations which can be composted and used for erosion
control. The outside storage of abandoned or inoperative vehicles is prohibited.
The outside storage of trucks, motor homes, and vehicles larger than commercial
automobiles (other than farm or other equipment used in connection with the
maintenance of the Property), for extended periods of time is prohibited. Surface
trash in known dump sites will be removed
3.10 Water Rights. There are no irrigated acres on the Property encompassed by this
Conservation Easement and therefore no appurtenant water rights.
3.11 Commercial or Industrial Activity; Nuisances. No new commercial or industrial
uses shall be allowed on the Property, except those specified below. Examples of
such prohibited uses are: commercial feedlots, meat or poultry processing
facilities, sawmills or logging operations or facilities, agricultural products
wholesale or retail outlets, concentrated animal feeding operations and other
similar intensive agricultural uses.
3.12 Paving and Road and Trail Construction.
3.12.1 Paving. No portion of the Property, including roads and trails, shall be
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paved or otherwise covered with concrete, asphalt, or any other paving material.
Gravelling of roads and trails is permissible.
3.12.2 Location of Roads. No new roads may be constructed without the prior
written consent of the Grantee. The location of any road or trail shall not diminish
or impair the Conservation Values ofthe Property or otherwise be inconsistent
with this Deed. The parties acknowledge that roads have been constructed on the
Property prior to the date of this Deed of Conservation Easement, which roads are
shown on the attached Exhibit B.
3.13 Wildlife Habitat. With prior written notice to the Grantee, and subject to the
reasonable approval of Grantee, Grantor may make changes to the Property to
maintain, improve or enhance wildlife habitat (which may include construction of
small ponds or other minor water improvements) on the Property.
3.14 Vegetation. The introduction by Grantor of any noxious weed as defined by the
Pitkin County Noxious Weed Management Plan and applicable state law
anywhere on the Property is prohibited. Non-native and non-invasive vegetation
is permitted in gardens, for agricultural uses, or for landscaping adjacent to
structures. Efforts will be made to eradicate non-native invasive vegetation on the
Property. Noxious weeds (invasive, non-native species of plants) will be managed
in accordance with applicable state and local laws. Use of herbicides to control
noxious weeds is permissible, but should be done in a cautious and discriminatory
way to target just the selected plant populations.
3.15 Recreation; Subject to Section 3.17, the Property may be used for passive and
non-motorized recreational uses such as horseback riding, hiking, bicycling, cross-
country skiing, fishing, camping, and hunting in accordance with applicable laws
and regulations. Golf courses, aircraft landing strips and facilities, motor-cross
tracks and facilities, and other intensive or commercial recreational uses of the
Property are prohibited.
3.16 Off-Road Use of Motorized Vehicles. Subject to Section 3.17, use of motorized
vehicles, including snowmobiles, all terrain vehicles, and motorcycles, off the
roads depicted on Exhibit B is prohibited except for agricultural activities,
property maintenance, and packing game during hunting season.
3. 17 Recreational use motorized vehicles. Recreational use of motorized vehicles is
restricted to roads in existence at the time this Easement is conveyed, as depicted
on Exhibit B. Between November 30 and April 30, recreational use ofmotorized
vehicles on such roads is furthermore restricted to no more than four days per
month, and such use during that time shall be with no more that four vehicles at
anyone time, and not before sunrise or after sunset. Recreational use of motor
vehicles as allowed by this paragraph includes only the residents and guests of
Crystal Island Ranch and excludes residents of Lots 8W through 17W as depicted
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on the Crystal Island Ranch PUD Final Plat. Furthermore, chasing or harassing
wildlife on any such motor vehicles is expressly prohibited at all times.
3.18 Leases. Grantor agrees not to enter into any lease or other agreement for all or a
portion of the Property unless such lease or other agreement includes reference to
this Easement, and unless such lessee or other party agrees in writing to comply
with the terms of this Easement. A copy of such agreement will be provided to
the Grantee at least 30 days prior to the beginning of the leasehold. Nonetheless,
the Grantor shall remain liable for compliance with all of the terms and conditions
ofthis Easement.
3.19 Dogs. Unleashed dogs, other than dogs involved in agricultural management, are
prohibited.
4. Reserved Rights. Grantor reserves to itself, and to its successors and assigns, all rights
accruing from its ownership ofthe Property, including the right to engage in or permit or
invite others, including the public, to engage in all uses of the Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this Easement.
5. Right to Privacy. Grantor retains the right to privacy and the right to exclude any member
of the public from trespassing on the Property.
6. 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. Failure of Grantee to respond within thirty (30) days shall be deemed
approval of Grantor's request. Grantee's approval may be withheld only upon a
reasonable determination by Grantee that the action as proposed would be inconsistent
with the purpose of this Easement.
7. Enforcement. Grantee shall have the right to prevent and correct or require correction of
violations of the terms and purposes of this Deed. Grantee may enter the Property for the
purpose of inspecting for violations in accordance with Section 2, hereof. If Grantee
finds what it believes is a violation, Grantee shall immediately notify Grantor in writing
ofthe nature of the 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 of the reason why no violation exists or why the alleged
violation should be permitted. If the condition described in clause (7b) above occurs,
both parties agree to meet as soon as possible to resolve this difference. If a resolution of
this difference cannot be achieved at the meeting, both parties agree to meet with a
mutually acceptable mediator to attempt to resolve the dispute. Grantor shall discontinue
any activity which could increase or expand the alleged violation during the mediation
process. Should mediation fail to resolve the dispute, Grantee may, at its discretion, take
appropriate legal action. In addition, at any time when, in Grantee's opinion, an ongoing
or imminent violation could irreversibly diminish or impair the Conservation Values of
the Property, Grantee may, at its discretion, take appropriate legal action. If a court with
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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.
8. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms ofthis
Easement against Grantor, including, without limitation, costs of suit and reasonable
attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the
terms of this Easement shall be borne by Grantor. If Grantor prevails in any action to
enforce the terms of this Easement, Grantor's costs of suit, including, without limitation,
reasonable attorneys' fees, shall be borne by Grantee.
9. Grantee's Discretion. Enforcement of the 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 of this 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.
10. 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.R.S. Section
38-41-119. Nothwithstanding anything else in this paragraph to the contrary, Grantor
shall be entitled to rely on a written approval authorized by Grantee or any deemed
approval under Paragraph 6 hereof.
11. Acts Beyond 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 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.
12. No Public Access Required. No right of access by the general public to any portion of
the Property is conveyed by this Easement. Grantor may otherwise provide for public
access to the Property on such basis as it deems appropriate, in its sole discretion,
provided however that such access is consistent with limitations on motorized recreation
and commercial uses as specified above, and is consistent with preservation ofthe
Conservation Values of the Property.
13. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation
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
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thirty (30) days prior to the date of such transfer, including the transferee's name, address
and telephone number. 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.
13.1. Transfer Fee. Any time the Property itself, or any interest in it, is transferred by
the Grantor to any third party, the Grantor shall notify the Grantee in writing prior
to the transfer of the Property, and the document of conveyance shall expressly
refer to this Deed of Conservation Easement. In addition, Grantor, its successors
and assigns, shall pay, or cause to be paid, to Grantee a One Hundred Dollar
($100.00) transfer fee at the closing of a sale of all or any portion of the Property
or in the event any interest in the Property is leased. The obligation to make such
payment runs with the land and is binding upon the Grantor, its successors and
assigns.
14. Costs and Liabilities. Grantor 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 weed control and the maintenance of adequate comprehensive general
liability insurance coverage. Grantor shall add and maintain Grantee as an additional
insured to such insurance coverage, and shall deliver proof of such coverage to Grantee at
closing, and at other times when requested by Grantee. Grantor shall keep the Property
free of any liens arising out of any work performed for, materials furnished to, or
obligations incurred by Grantor, except to the extent that such lien is filed as a result of a
good faith dispute by Grantor with respect thereto.
IS. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively the "taxes"), including any taxes imposed upon, or incurred as a result of,
this Easement.
16. Liability.
16.1. Grantor shall be responsible for; (1) the negligent actions of its officials,
employees, and agents in the performance or failure to perform their obligations
pursuant to this Easement; (2) injury to or the death of any person, or physical
damage to any property, proximately caused by any intentional or negligent act or
omission of Grantor, its officials, employees, or agents related to or concerning
the Property; and (3) the presence or release of hazardous or toxic substances on,
under or about the Property, and all claims, demands, liability, damages, or costs
caused thereby, unless such substance was introduced onto the Property by
Grantee or any of its officials, employees, or agents. For the purpose of this
paragraph, hazardous or toxic substances shall mean any hazardous or toxic
substance which is regulated under any federal, state or local law. In assuming
responsibility under this paragraph, the Grantor in no way assumes responsibility
for the intentional or negligent acts or omissions of Grantee, its officers,
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employees or agents. Nothing in this easement shall be construed as giving rise to
any right or ability of the Grantee to exercise physical or managerial control of the
day-to-dayoperations of the Property, or of any of Grantor's activities on the
Property, or otherwise become an "operator" within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 as amended or any other federal, state, or local law or regulation making
operators of property responsible for the remediation of environmental
contamination.
16.2. Grantee shall be responsible for: (1) the negligent actions of its officials,
employees, and agents in the performance or failure to perform their obligations
pursuant to this Easement; and (2) injury to or the death of any person, or physical
damage to any property, proximately caused by any intentional or negligent act or
omission of Grantee, its officials, employees, or agents related to or concerning
the Property. In assuming responsibility under this paragraph, the Grantee in no
way assumes responsibility for the intentional or negligent acts or omissions of
Grantor, its officers, employees or agents
17. Extinguishment. If circumstances arise in the future such as render all of the purposes of
this Easement impossible to accomplish, this Easement can be terminated or
extinguished, whether in whole or in part, only by judicial proceedings in a court of
competent jurisdiction. Each party shall promptly notify the other when it first learns of
such circumstances. 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
the Proceeds paragraph, immediately below.
18. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which the parties stipulate is 18.7% ofthe fair market value of the Property
unencumbered by the Easement, minus any increase in value after the date of this grant
attributable to improvements.. For the purposes ofthis Section, the ratio of the value of
the Easement to the value of the Property unencumbered by the Easement, less the value
of any permitted improvements, shall remain constant.
19. Condemnation; Termination. Ifthe Easement is taken, in whole or in part, by exercise of
the power of eminent domain, or is otherwise terminated, Grantee shall be entitled to
compensation of 18.7% of the fair market value determined pursuant to Paragraph 18 of
any portion of the Property on which this Easement is terminated.
20. Assignment. This Easement is transferable, but Grantees may assign their respective
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
1954, as amended (or any successor provision then applicable), and the applicable
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regulations promulgated thereunder, (b) authorized to acquire and hold conservation
easements under Colorado law, and (c) approved as a transferee by the Grantor, which
approval Grantor shall not unreasonably withhold. 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.
21. Subordination of Mortgages. The Grantor covenants and represents that at the time of
granting of this Easement any mortgage or deed of trust is and shall be subordinate to the
terms of this Easement.
22. 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 first class mail, postage prepaid, addressed as follows:
To Grantor:
Richard Jelinek
0312 Ridge Road
Aspen, CO 81611
With copy to:
Leonard M, Oates
Oats, Knezevich & Gardenswartz,
P.C.533 E. Hopkins
Aspen, CO 81611
To Grantee:
at the address shown above, and to:
Pitkin County Open Space and Trails
530 E. Main St., Ste 301
Aspen, Colorado 81611
Attention: Director
Aspen Valley Land Trust
Attn: Director
320 Main St. Suite 204
Carbondale, CO 81623
or to such other address as either party from time to time shall designate by written notice
to the other.
23. 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.
/1111111111111111111111111111111111111111) 11/11111/1111 ~;;~~~~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CD R 0.00 0 0.00 .
24. General Provisions.
24.1. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws ofthe State of Colorado.
24.2. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the 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 of this Easement that
would render the provision valid shall be favored over any interpretation that
would render it invalid.
24.3. Severability. 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.
24.4. 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.
24.5. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
24.6. 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
successors, and assigns and shall continue as a servitude running in perpetuity
with the Property.
24.7. Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer for the applicable statute of limitations period.
24.8. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part ofthis instrument and shall have no
effect upon construction or interpretation.
24.9. 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 of the Property, nor permit any
commercial or industrial use (except as otherwise provided herein), nor shall any
1111111111111111111111111111111111111111111111111111111 ~;;~~~!0~f 0~~ 42
SILVIR ORVIS PITKIN COUNTY CO R 0.00 00.00
amendment be allowed that will affect the qualifications of this instrument under
any applicable laws. Any amendment must be consistent with the conservation
purposes of this instrument and may not affect its perpetual duration. Any
amendment must be in writing, signed by both parties, and recorded in the records
of the Clerk and Recorder of the County in which the Property is located.
24.10. 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.
24.11. Compliance 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 permitted
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.
24.12. Access for Development Prohibited. Grantor may not grant any access across the
Property for the development or residential use of any adjacent land.
24.13. Numbers and Genders. When the context requires, the singular shall mean the
plural, the plural shall mean the singular, and reference to one gender shall mean
all genders.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have executed this Deed of Conservation
Easement on the day and year first above written.
\11'111,nlt'J;~~~~~ ~~~
GRANTOR:
CIR 1, LLC
CIR 2, LLC
CIR 3, LLC
CIR 4, LLC
CIR5, LLC J. 'teiJ ),'<vb;/,'f" C'.o.-+Jen,',..s
Colorado ClJl:fl9rlttions ^' M' (;T I
~~~~~pa D'to~ IS ,2005
Manager and Sole Member
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN ) ~ (]OJ
The foregoing document was acknowledged before me this L day of .s~ by
Richard Jelinek, as Manager and Sole Member ofCIR LLCs numbers 1 through 5, Co rado
i; ~i7:;r2~:1; Xf~~~ n /e-5
Witness ~y hand and official seal.
My commission expires:
JANICE L. JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expirm Aprl115, 2008
11111111111111111111111111111111111111111\111111 111111\ :;;~i~~:0~~ 42
SlLVIR DAVIS "ITKIN COUNTY CO R 0.00
GRANTEE:
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado,
a body corporate and politic
By ~a11i...... U, ~ Date: U,..4 g ~2005
~tiK~y~p~r ~
Title: Chair of the Board ofCouuty Commissioners of Pitkin County, Colorado
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Cft-...-
The foregoing document was acknowledged before me this ~ day of ;IuJf2005, by
Patricia K. Clapper, as Chair of the BOARD OF COUNTY COMMISSIONERS OF fITKIN
COUNTY, Colorado, a body corporate and politic.
Witness my hand and official seal.
My commission expires:
JANiCE L. JOHNSON
, NOTARY PUBLIC
~ STATE OF COLORADO I
My Cnmo11is",on ExpIres April 15. 2008
Approved as to Form:
~
John El ey
WittfJ
Dale L. Will, Director, Open Space and Trails
1111111 111111111111111111111111111111111111111111111111 ~;;~~:a~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CD R a .00 0 0.00 .
GRANTEE:
ASPEN V ALLEY LAND TRUST, a Colorado not-for-profit corporation
BY~~ d~
Titlf-rec u.A;<e.- ~( Idv-
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN) ~
e for oin do ment was ac~owlt;d,ged btA>re mq this X day Of\L~1L I, 2003, by
t'" '" D ,...,.,....... as r:u.~r.ve JLi. recl b~PEN VALLE ND TRUST,
a Colorado not-for-profit corporation, Grantee.
Witness my hand and official seal.
My commission expires:
-
JANICE l. JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
My COl11m/lI.$>On E~Il4r8s Aj)df 15. 2008
1111111111111111111111111111111111111111111111111111111 :;;~~~0~f 0~~ 42
SILVIA Dr:lVIS PITKIN COUNTY co R 11.00 0 0.00
~)t~\b;\ Jr~\'
Oue Oeder No: Q386621-4
LEGAL DESCRIPTION
PARCEL A:
A PARCEL OF LAND SITUATED IN SECTION 23 AND SECfION 26, BOTIlIN TOWNSHIP 8
SOUTII, RANGE 88 WEST OF TIlE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY. COLORADO;
SAID PARCEL OF LAND IS ALSO DESCRIBED AS LOTS 14W, 15W, 16W, 20W, 21W, 22W,
23W. 24W. 26W. 27W. 28W. 29W, 30W, 31W AND 32W ACCORDING TO THOSE DEEDS
RECORDED AS RECEPTION NO. 496543. RECEPTION NO. 496544, RECEPTION NO. 496545,
RECEPTION NO. 496546 AND RECEPTION NO. 496547 OF TIlE PITKIN COUNTY RECORDS; AND
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE N 1/4 CORNER OF SAID SECTION 23; THENCE S.OO DEGREES 11 '31 "W.,
A DISTANCE OF 1,313.11 FEET ALONG THE N-S CENTERLINE OF SAID SECTION 23: THENCE
S.89 DEGREES 46'35"E.. A DISTANCE OF 1,316.21 FEET ALONG TIlE NORTH LINE OF THE
SW 1/4 OF TIlE NE 1/4 OF SAID SECTION 23; THENCE S.OO DEGREES 11 '37"W., A
DISTANCE OF 229.85 FEET ALONG THE EAST LINE OF SAID SW 1/4 OF THE NE 1/4 OF
SECTION 23: THENCE LEAVING SAID EAST LINE S.44 DEGREES 13'35"W., A DISTANCE OF
2.227.34 FEET ALONG THE NORTHERLY BOUNDARY LINE OF A CONSERVATION EASEMENT
DESCRIBED AS RECEPTION NO. 504658 OF SAID PITKIN COUNTY RECORDS: THENCE S.55
DEGREES 47'05"E., A DISTANCE OF 2,966.60 FEET ALONG THE WESTERLY BOUNDARY LINE
OF SAID CONSERVATION EASEMENT; THENCE N.75 DEGREES 51'04"E.. A DISTANCE OF
418.53 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID CONSERVATION EASEMENT TO
A POINT ON THE EAST LINE OF SAID SECTION 23; THENCE S.OO DEGREES 11 '42"W., A
DISTANCE OF 545.46 FEET ALONG SAID EAST UNE OF SAID SECTION 23 TO THE SE
CORNER OF SAID SECTION 23; THENCE S.OI DEGREES 36'32"E.. A DISTANCE OF
2.636.13 FEET ALONG TIlE EAST LINE OF SAID SECTION 26 TO THE E 1/4 CORNER OF
SAID SECTION 26; THENCE S.OI DEGREES 36'32"E.. A DISTANCE OF 1,318.07 FEET
ALONG THE EAST LINE OF SAID SECTION 26; TIlENCE S.89 DEGREES 56'23"W.. A
DISTANCE OF 2,649.72 FEET ALONG THE SOUTH LINE OF TIlE N 1/2 OF THE SE 1/4 OF
SAID SECfION 26; THENCE S.89 DEGREES 56'23"W., A DISTANCE OF 2.631.03 FEET
ALONG THE SOUTH LINE OF TIlE N 1/2 OF THE SW 1/4 OF SAID SECTION 26: TIlENCE
LEAVING SAID SOUTH LINE N.OO DEGREES 23'35"W., A DISTANCE OF 2,735.58 FEET TO
THE NW CORNER OF THAT PROPERlY DESCRIBED AS LOT 26W IN SAID RECEPTION NO.
496545; THENCE S.89 DEGREES 45'54"E.. A DISTANCE OF 1,237.59 FEET ALONG THE
NORTHERLY BOUNDARY LINE OF SAID LOT 26W; THENCE LEAVING SAID NORTHERLY LINE
S.OO DEGREES 22' 48"E., A DISTANCE OF 471.95 FEET ALONG THE WESTERLY BOUNDARY
LINE OF THAT PROPERTY DESCRIBED AS LOT 25W IN SAID RECEPTION NO. 496547;
THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.89 DEGREES 11 '52"E.. A DISTANCE OF
1 ,869.97 FEET ALONG THE NORTHERLY BOUNDARY UNE OF THAT PROPERTY DESCRIBED AS
LOT 27W IN SAID RECEPTION NO. 496544 AND AS LOT 28W IN SAID RECEPTION NO.
496543 TO THE NE CORNER OF SAID LOT 28W; TIlENCE LEAVING SAID NORTHERLY
BOUNDARY LINE ALONG TIlE WESTERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED AS
LOT 24W IN SAID RECEPTION NO. 496546 TIlE FOLLOWING THREE (3) COURSES:
1) N.ao DEGREES 13'37"W.. A DISTANCE OF 1,070.51 FEET
2) N.70 DEGREES 22'05"W., A DISTANCE OF 157.01 FEET
3) N.OO DEGREES 22'37"E., A DISTANCE OF 1,520.03 FEET TO THE NW CORNER OF SAID
LOT 24W;
THENCE LEAVING SAID WESTERLY BOUNDARY LINE N.34 DEGREES 35'32"W.. A DISTANCE OF
1.761.39 FEET ALONG THE WESTERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED AS
LOTS 20W AND 14W. BOTH IN SAID RECEPTION NO. 496547: TIlENCE CONTINUING ALONG
[ 111111111111111111111111111111111111111111111111111111 ~;~j:0~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO Fl 0 00 .
. 0 0.00
Our Order No: Q386621-5
LEGAL DESCRIPTION
THE WESTERLY BOUNDARY LINE OF SAID LOT 14W FOLLOWING TWO (2) COURSES:
I) N.14 DEGREES 22'32"W., A DISTANCE OF 555.88 FEET
2) N.57 DEGREES 28'08"W., A DISTANCE OF 536.15 FEET TO A POINT ON THE SOUTH
LINE OF THOMAS CREEK RANCH SUBDlVISIONfPUD, COUNTY OF PITKIN, STATE OF
COLORADO;
THENCE N.06 DEGREES 24'37"W., A DISTANCE OF 2,080.41 FEET ALONG SAID SOUTH LINE;
THENCE S.89 DEGREES 45'17"E., A DISTANCE OF 1,427.84 FEET ALONG SAID SOUTH
LINE AND THE NORTH LINE OF SAID SECTION 23, TO THE POINT OF BEGINNING.
COUNTY OF PITKIN. STATE OF COLORADO.
,
,
1111\\1111111111111111111\11111111111111\\ 111\\111\ 111\ :;;~~:1f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q386621-4
Tbe poUey or poUcies to be Issued will contain exceptions to the foDowlng unless the same are disposed
of to the satisfaction of tbe Company:
1. Rights or claims of parties 10 possessioo not shown by the publlc records.
2. Easements, or claims of easements, not shown by the pubUc records.
3. Discrepancies, conflicts In boundary lines, shortage in area. encroachments. and any facts which a correct survey and
Inspection of the premises would disclose and which are nol shown by the public records.
4. Any Uen. or right 10 a Ilen, for services, labor or material theretofore or hereafler furnished, Imposed by law and
not shown by the public records.
5. Defects, liens. encumbrances. adverse claims or other matters, if any. created, first appearing in the public records or
atlachlng subsequent to the effective dale hereof but prior to the date the proposed insured acquires of record for
value the eslate or interest or mortgage thereon covered by this Commlbnent.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Uens for unpaid water and sewer charges, If any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENTS RECORDED MAY 07, 1898, IN BOOK 55 AT
PAGE 84, AUGUST 12, 1901 IN BOOK 55 AT PAGE 101, JULY 8, 1905. IN BOOK 55
AT PAGE 148 AND SEPTEMBER 18. 1911 IN BOOK 55 AT PAGE 193.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENTS RECORDED NOVEMBER 15,
1945 IN BOOK 171 AT PAGE 80 AND MAY 15, 1959. IN BOOK 187 AT PAGE 342 AND
FEBRUARY 15, 1963 IN BOOK 201 AT PAGE 174.
11. MINERAL RESERVATIONS AS SET FORTH IN INSTRUMENT RECORDED DECEMBER 8,1952
IN BOOK 176 AT PAGE 192.
12. ALL OIL AND GAS TOGETHER WITH THE RIGHT TO PROSPECT FOR MINE AND REMOVE
THE SAME AS RESERVED BY THE UNITED STATES OF AMERICA IN PATENT RECORDED
MAY 15.1959. IN BOOK 187 AT PAGE 342.
13. EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PUROSES, AS RESERVED BY
CHARLES E. THOMAS IN THE DEED TO KATHERINE WILSON AND KENNETH R. WILSON
I 1IIIIIIIIfl 111111111111 111111111111111111 11/1111111111 ~;~~~:0~f 0~~ 42
StLvlA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 .
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q386621-4
The poHcy or poUcies to be Issued will contain exceptions to the fonowing unless the same are disposed
of to the satisfaction of the Company:
RECORDED MARCH 30, 1970 IN BOOK 247 AT PAGE 663.
14. TERMS. CONDmONS AND PROVISIONS OF ARGEEMENT FOR PERMANENT DAMAGE
PREVENTION FENCING BElWEEN THE STATE OF COLORADO. DIVISION OF WILDLIFE AND
ASHLEY K. CARRITHERS RECORDED DECEMBER 05, 1988 IN BOOK 580 AT PAGE 1 AND
APRIL 10, 1997 UNDER RECEPTION NO. 403303.
15. EASEMENT AND RIGHT OF WAY FOR WATER PIPELINE PURPOSES RECORDED SEPTEMBER 4,
1990 IN BOOK 628 AT PAGE 761.
16. TERMS, CONDITIONS AND PROVISIONS OF DITCH OPERATION AND MAINTENANCE
AGREEMENT RECORDED SEPTEMBER 11. 1990 IN BOOK 629 AT PAGE 252.
17. EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, DECLARATION, GRANT
OF EASEMENTS AND ROAD IMPROVEMENTS / USER AGREEMENT RECORDED OCTOBER 3.
1990 IN BOOK 631 AT PAGE 109.
18. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR,
RELIGION. SEX. HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND
ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42.
SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES
NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT
RECORDED OCTOBER 03. 1990. IN BOOK 631 AT PAGE 122.
19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 03, 1990 IN
BOOK 631 AT PAGE 135.
20. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT BElWEEN THE H LAZY F TRUST,
ASHLEY K. CARRITHERS AND VIRGINIA NEARY-CARRITHERS RECORDED OCTOBER 11,
1990 IN BOOK 631 AT PAGE 889.
21. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 16.
1990 IN BOOK 632 AT PAGE 229 AND FIRST AMENDMENT RECORDED MARCH 17.2005
UNDER RECEPTION NO. 507996.
1111111111111111111111111111111111111111111111111111111 ~;7~~!0~r 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q386621-4
The polley or policies to be Issued will contain exceptions to the fonowlng unless the same are disposed
of to the satisfaction of the Company:
22. TERMS. CONDITIONS AND PROVISIONS OF OCCUPANCY DEED RESTRICTION FOR
CARETAKER UNIT RECORDED MAY 14. 1991 IN BOOK 646 AT PAGE 307.
23. TERMS. CONDmONS AND PROVISIONS OF RESOLUTION 91-60 GRANTING GENERAL
SUBMISSION CARETAKER UNIT AND GUEST HOUSE APPROVAL RECORDED JULY 08. 1991
IN BOOK 650 AT PAGE 693.
24. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION PZ 91-07 GRANTING 1041
APPROVAL RECORDED JULY 09,1991 IN BOOK 650 AT PAGE 959.
25. TERMS, CONDmONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 04. 1991
IN BOOK 655 AT PAGE 845.
26. EASEMENTS AND RIGHTS OF WAY FOR THE EAST MESA DITCH AND IRRIGATION DITCH AS
SHOWN ON SURVEY BY SCHUSESER GORDON MEYER, INC. DATED JULY 21. 1990, AS
JOB NO. 90112 AS REFERENCED IN DEED RECORDED SEPTEMBER 4. 1991 IN BOOK
655 AT PAGE 835.
27. EASEMENT AND RIGHT OF WAY FOR INGRESS. EGRESS. DRAINAGE AND UTILITY PUROSES
GRANTED TO H LAZY F TRUST AND AUSTIN F. HENSCHKEL RECORDED AUGUST 30,
1991 IN BOOK 655 AT PAGE 644.
28. TERMS, CONDmONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY FOR
PEDESTRIAN AND EQUESTRIAN PURPOSES RECORDED SEPTEMBER 04. 1991 IN BOOK 655
AT PAGE 825.
29. AGREEMENT BY AND BETWEEN ASHLEY CARRITHERS. ALSO KNOWN AS ASHLEY K.
CARRITHERS AND VIRGINIA NEAR-CARRITHERS AND RICHARD JELINEK DATED
SEPTEMBER 3,1991. AND RE-RECORDED SEPTEMBER 27.1991 IN BOOK 657 AT PAGE
724 AND CORRECTION AGREEMENT RECORDED DECEMBER 2. 1991 IN BOOK 663 AT PAGE
275.
30. EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES GRANTED TO ASHLEY
K. CARRITIIERS AND VIRGINIA NEARY.CARRlTHERS RECORDED DECEMBER 5,1991 IN
BOOK 663 AT PAGE 596.
//11/1111//111/11111111/1/111111111111111111/111111111/ ~;~~~=0~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
ALTA COMMITMENT
Schedule B-2
(Excepdons)
Our Order No. Q386621-4
The poUc:y or poUcies to be Issued wlII contain eJlceptions to the foDowing unless the same are disposed
of to the satisfaction of the Company:
31. EASEMENTS AND RIGHTS OF WAY AS SHOWN IN DEED RECORDED APRIL 22, 1992 IN
BOOK 675 AT PAGE 199.
32. TERMS. CONDmONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY GRANTED TO US
WEST COMMUNICATIONS RECORDED AUGUST 18, 1992 IN BOOK 686 AT PAGE 420.
33. TERMS. CONDITIONS AND PROVISIONS AND OBLlGA TIONS AS SET FORTH AS SET FORTH
IN THE DECLARATION IRREVOCABLY SUBMIITING PROPERTY TO TERMS. CONDmONS
AND OBLIGATIONS AND ACCEPTING BENEFITS OF ARTICLES OF INCORPORATION OF
THOMAS BRIDGE ASSOCIATION. INC. RECORDED NOVEMBER 4. 1994 UNDER RECEPTION
NO. 376174 AND DECLARATION AND AGREEMENT TO CLARIFY AND ESTABLISH INTENT
OF RECORDED DOCUMENTS RECORDED JANUARY 4. 1996 UNDER RECEPTION NO. 388862
AND RECORDED OCTOBER 20, 1996 UNDER RECEPTION NO. 398499.
34. TERMS. CONDITIONS AND PROVISIONS OF OPERATIONAL AGREEMENT BANE & THOMAS
DITCH RECORDED MARCH 20. 1998 UNDER RECEPTION NO. 414710.
35. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 99-9 DENYING 1041 HAZARD
REVIEW RECORDED MAY 18,1999 UNDER RECEPTION NO. 431224 AND RE-RECORDED
JUNE 03. 1999 AT RECEPTION NO. 431829.
36. TERMS. CONDmONS AND PROVISIONS OF RESOLUTION 99-125 APPROVING 1041 HAZARD
REVIEW RECORDED AUGUST 16,1999 AT RECEPTION NO. 434456.
37. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION 99-196 RECORDED DECEMBER 21,
1999 AT RECEPTION NO. 438807.
38. TERMS, CONDmONS AND PROVISIONS OF RESOLUTION 6-2002 RECORDED FEBRUARY 21,
2002 AT RECEPTION NO. 464192.
39. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION 225-2002 RECORDED JANUARY
21.2003 AT RECEPTION NO. 477565 AND RE-RECORDED FEBRUARY 7.2003 UNDER
RECEPTION NO. 478413.
40. EASEMENTS AND RIGHTS OF WAY AND ALL OrnER MATTERS AS SHOWN ON 1041 REVIEW
SURVEYS RECORDED IN PLAT BOOK 26 AT PAGE 92, IN PLAT BOOK 34 AT PAGE 93.
I
1111111111111111111111111111111111111111111111111111111 ~;~~~:0~f 0~~ 4~
SILVIA DA\lIS PITKIN COUNTY CO R 0.00 0 0.00
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q386621-4
The policy or policies to be Issued wII1 contain exceptions to the following unless the same are disposed
of to the satisfaction of tbe Company:
IN PLAT BOOK 53 AT PAGE 2.
41. ANY RIGHTS. INTERESTS OR EASEMENTS IN FAVOR OF TIlE STATE OF COLORADO. THE
UNITED STATES OF AMERICA. OR TIlE GENERAL PUBLIC. WHICH EXIST OR ARE
CLAIMED TO EXIST IN. OVER. UNDER AND/OR ACROSS THE WATERS AND PRESENT AND
PAST BED AND BANKS OF THE THOMAS CREEK AND PRINCE CREEK.
42. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 16.
2001 AT RECEPTION NO. 453428.
43. TERMS. CONDITIONS AND PROVISIONS AND OBLIGATIONS AS SET FORTII IN SUBMISSION
OF PROPERlY TO CONSERVATION EASEMENT AND AGREEMENT RECORDED DECEMBER 28.
2001 UNDER RECEPTION NO. 462317 AND CORRECTION RECORDED APRIL 29. 2002
UNDER RECEPTION NO. 466775.
44. TERMS. CONDmONS AND PROVISIONS OF RESOLUTION 140-2002 RECORDED OCTOBER
01.2002 AT RECEPTION NO. 472831.
45. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 149-2002 RECORDED OCTOBER
01, 2002 AT RECEPTION NO. 472832.
46. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE 03-2005 APPROVING THE
ACQUISmON OF A CONSERVATION EASEMENT RECORDED FEBRUARY 15, 2005 AT
RECEPTION NO. 507073.
47. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE 53-2004 REZONING A PORTION OF
CRYSTAL ISLAND RANCH RECORDED FEBRUARY 22, 2005 AT RECEPTION NO. 507221.
48. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION 175-2004 APPROVING THE
CRYSTAL ISLAND RANCH SUBDIVISION/PUD SUBMISSION RECORDED FEBRUARY 22. 2005
AT RECEPTION NO. 507222.
49. TERMS, CONDITIONS AND PROVISIONS OF SETTLEMENT AGREEMENT RECORDED MARCH 10.
2005 AT RECEPTION NO. 507776.
111111111/1/ 11111111111111111111111111111111111111/1111 ~;~~~:0~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q38662l-4
The policy or polities to be Issued will contain exceptions to the foUowing unless the same are disposed
of to the satisfaction of the Company:
50. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION 82-2005 APPROVING THE
CRYSTAL ISLAND RANCH SUBDMSIONI PUD FINAL PLAT RECORDED MAY 23.2005 AT
RECEPTION NO. 510405.
005
51. TERMS CONDITIONS AND PROVISIONS OF DEED RESTRICTION RECORDED ')-I;}-~ AT
RECEPTIONNO:st~;i..9t 5!()()9S;- S/,}d- 1(; S/a~~'l ..j Sf (}J-'tr
111111111111111111 1111111111111111111111111111111111111 ;;~~~t~f 0~~ 42
SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
111111111111111111111111111111111111111111111111111
512299
'J
EEl Existing Fences
~ Existing Ranch Roads
~ Conservation Easement
2T
0--------
, ! . I~///II t';: ,"5.""~f'~' . I;" ; ,:',' .
... -'.','./ -" ,,' "..- 1 \ ',:, , '/'/ - ..1:,1: '~',
Crystal 'IsI~lDd ltanch
/":es~ Parcel Conservation Easement
\;~7';;;~":;;(~.1,>{ N~"'
~\~~~~ n ..,. ""
'''''
EXHIBIT "C"
MAP OF PROPERTY FEATURES
EXHIBIT "E"
GRAZING MANAGEMENT APPENDIX
Grazing Management Appendix
The following criteria shall be used to evaluate possible degradation of protected resources by
grazing.
Upland soils should exhibit infiltration and permeability rates that are appropriate to soil type,
climate, land form, and geologic processes. Adequate soil infiltration and permeability allows for
the accumulation of soil moisture necessary for optimal plant growth and vigor, and minimizes
surface runoff.
Indicators:
Expression of rills, soil pedestals is minimal.
Evidence of actively-eroding gullies (incised channels) is minimal.
Canopy and ground cover are appropriate.
There is litter accumulating in place and is not sorted by normal overland water flow.
There is appropriate organic matter in soil.
There is diversity of plant species with a variety of root depths.
Upland swales have vegetation cover or density greater than that of adjacent uplands.
There are vigorous, desirable plants.
Riparian systems associated with both running and standing water are important to the
ecological health ofthe Property in so far as riparian vegetation captures sediment, and provides
forage, habitat and bio-diversity. Water quality is improved or maintained. Stable soils store and
release water slowly.
Indicators of healthy streambanks and riparian habitat:
Vegetation is dominated by an appropriate mix of native or desirable introduced species.
Vigorous, desirable plants are present.
There is vegetation with diverse age class structure, appropriate vertical structure, and
adequate composition, cover, and density.
Streambank vegetation is present and is comprised of species and communities that have
root systems capable of withstanding high streamflow events.
Plant species present indicate maintenance of riparian moisture characteristics.
Stream is in balance with the water and sediment being supplied by the watershed
(e.g., no headcutting, no excessive erosion or deposition).
Vegetation and free water indicate high water tables.
Vegetation colonizes point bars with a range of age classes and successional stages.
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An active floodplain is present.
Residual floodplain vegetation is available to capture and retain sediment and dissipate
flood energies.
Stream channels with size and meander pattern appropriate for the stream's position in the
landscape, and parent materials.
Woody debris contributes to the character of the stream channel morphology.
Wildlife Habitat. Healthy, productive plant and animal communities of native and other
desirable species are maintained at viable population levels commensurate with the species and
habitat's potential. Plants and animals at both the community and population level are productive,
resilient, diverse, vigorous, and able to reproduce and sustain natural fluctuations, and ecological
processes.
Indicators:
Noxious weeds and undesirable species are minimal in the overall plant community.
Native plant and animal communities are spatially distributed across the landscape with a
density, composition, and frequency of species suitable to ensure reproductive capability and
sustainability.
Plants and animals are present in mixed age classes sufficient to sustain recruitment and
mortality fluctuations.
Landscapes exhibit connectivity of habitat or presence of corridors to prevent habitat
fragmentation.
Photosynthetic activity is evident throughout the growing season.
Diversity and density of plant and animal species are in balance with habitat/landscape
potential and exhibit resilience to human activities.
Appropriate plant litter accumulates and is evenly distributed across the landscape.
Landscapes composed of several plant communities that may be in a variety of
successional stages and patterns.
The water quality of all water bodies located on the Property will achieve or exceed the Water
Quality Standards established by the State of Colorado. Water Quality Standards forsurface and
ground waters include the designated beneficial uses, numeric criteria, narrative criteria, and anti-
degradation requirements set forth under State law as found in (5 CCR 1002-8), as required by
Section 303(c) of the Clean Water Act.
Indicators:
Appropriate populations ofmacroinvertabrates, vertebrates, and algae are present.
Surface and ground waters only contain substances (e.g. sediment, scum, floating debris,
odor, heavy metal precipitates on channel substrate) attributable to humans or agricultural
activities within the amounts, concentrations, or combinations as directed by the Water Quality
Standards established by the State of Colorado (5 CCR 1002-8).
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