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HomeMy WebLinkAboutpitco.ost.crystalislandranch3.consdeed.504658 DEED OF CONSERVATION EASEMENT IN GROSS CRYSTAL ISLAND RANCH III THIS DEED OF CONSERV A nON EASEMENT ("Easement Deed") is granted this 29th day of November 2004, by CIR 2 RANCH, LLC, CIR 3 RANCH, LLC, and CIR 4 RANCH, LLC, eacha Colorado limited liability company, ("Grantors"), to and for the benefit of ASPEN V ALLEY LAND TRUST, a Colorado nonprofit corporation, 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")( collectively, the "Parties"). RECITALS WHEREAS, Grantors are the sole owners in fee simple of certain real property in Pitkin County, State of Colorado, comprised of three parcels totaling approximately 105 acres, more particularly described in Exhibit A (the "Property"); WHEREAS, the Property possesses natural, scenic, open space, wildlife, and recreational values (collectively, "Conservation Values") of importance to the Trust, the people of Pitkin County, and the people of the State of Colorado that are worthy of preservation; WHEREAS, in particular, the Property consists of undisturbed dry upland with native species of Quercus Gambelii (Scrub Oak), Amelanchier (Serviceberry) and Artemesia Tridentata (Sagebrush) predominating, with Populus Tremuloides (Aspen) at higher elevations; WHEREAS, the Property will preserve a contiguous parcel of protected land, as it is bordered by Bureau of Land Management (BLM) property on the north and east, which in turn is adjacent at a higher elevation to the White River National Forest; WHEREAS, the Property remains in a substantially undisturbed, natural state, and has significant ecological, wildlife, open space, and aesthetic values, and preservation of these natural features and values will yield substantial public benefit; WHEREAS, the Property is significant winter and summer habitat and migratory winter range for mule deer, bighorn sheep, elk, and habitat for black bear, cougar, bobcat, gray and red fox, coyote, and yellow-bellied marmot as well as bald eagle, golden eagle, wild turkey, and numerous species ofneo-tropical birds, reptiles, and amphibians; WHEREAS, the Pitkin County Land Use Code promotes conservation of the Property: Subsection 2-10, Community Balance, states that: "The dominant policy of Pitkin County is to conserve and protect from further degradation the present natural environment and its resources." Subsection, 2-120, Scenic Quality, states that: "It is the policy of the County to preserve its natural, rural scenery for the benefit of its residents and the continued viability of its resort economy. To preserve scenic quality, the County will prohibit or require mitigation of the visual impacts ofIand uses and development." Subsection, 2-160, Wildlife Management, states that: "It is the policy of the County to identify and protect all wildlife habitat for the preservation of 533153.1 11111111111111111111111 11111111111111111111111111111111 504658 Page: 1 of 23 wildlife and prohibit land use patterns which disrupt such habitat." Subsection 2-280, Compatibility with Public Lands, states that: "It is the policy of the County to preserve and protect public lands from the impacts of incompatible development by promoting land uses within and nearby public lands which are compatible with public use of those lands and the preservation ofthe natural environment;" WHEREAS, Pitkin County adopted an Ecological Bill of Rights (EBOR) in 2001, which states that: "as stewards of our natural heritage and resources, we see the integrity of our valley ecosystem increasingly challenged by human activity. Population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of this valley." Under EBOR, Pitkin County implements the following rights: "right to breathe clean air and enjoy clear vistas; right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat, the right to dedicated open space protected from urbanization and development, the right to be free from excessive noise, the right to see the night sky without the interference of unnecessary artificial light from growth, urbanization, and highway development, and the right to maintain and not exceed the carrying capacity (sustainability) ofIand and water;" WHEREAS, the specific Conservation Values of the Property are documented in an inventory of relevant features of the Property, dated November 2000 [as summarized in Exhibit B ("Baseline Documentation Summary")], as it may be supplemented with reports, maps, photographs, and other documentation prepared at the time the easement herein was granted and which are on file with the Trust, that the Parties agree accurately represents the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. However, the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use; WHEREAS, Grantors intend that the Conservation Values of the Property be preserved, protected, and maintained by the continuation of land use patterns, including, without limitation, those relating to open space and wildlife habitat existing at the time of this grant, which the Trust acknowledges and agrees are not inconsistent with the protection or preservation of those Values; WHEREAS, Grantors, as owners of the Property, intend to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; WHEREAS, the Trust agrees by accepting this grant to honor the intentions of Grantors 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; WHEREAS, the Trust is a charitable organization as described in Section 50 I (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly-supported organization as described in Section l70(b)(l)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the greater Roaring Fork Valley area, including the area in which the Property is located, by j!!~!ll~,I~~!J'III~!lj~ ~l"llmlllllll"l ::~;1Z:;; ". R 116.00 0 0.00 assisting landowners who wish to protect their land in perpetuity, and IS a "qualified organization" to do so within the meaning of Section l70(h)(3) of the Code; WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment ofC.R.S. ~~38-30.5-l01 et seq.; and WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's Executive Director or her designee to execute and accept Conservation Easements on behalf of the Trust. NOW, THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant. Grantors hereby voluntarily and irrevocably grant and convey to the Trust a perpetual Conservation Easement in gross (the "Easement"), pursuant to c.R.S. ~~38-30.5-l 0 I et seq., consisting of the rights and restrictions enumerated herein, over and across the Property described in Exhibit A attached hereto, to have and to hold said Easement unto the Trust and its successors and assigns forever. The Easement shall constitute a binding servitude upon the Property and shall be subject to prior reservations, easements, encumbrances and exceptions of record, except as otherwise set forth herein. 2. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its scenic, natural and open space condition, subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will be inconsistent with the preservation and protection of the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantors intend that this Easement will permit the following uses deemed to be consistent with the preservation and protection of the Conservation Values of the Property, including, without limitation, those involving private recreation, wildlife habitat, open space, and general conservation purposes. Pursuant to the terms of C.R.S. ~~38-30.5-l01 et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein and pursuant to Section 13.1 herein. 3. Baseline Documentation. The Parties acknowledge that a Baseline Documentation of the Property has been prepared by Jonathan Lowsky, a person familiar with Conservation Easements, the Property, and the environs. The Baseline Documentation has been reviewed and approved by the Trust and Grantors as an accurate representation of the biological and physical condition of the Property at the time of this grant. However, the Baseline Documentation is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. Grantors have retained a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation is on file with the Trust. 4. Rights of Trust. To accomplish the purposes of this Easement, Grantors convey the following rights to the Trust: II11II111111111111111111111111111111111111111111111111I ~~~~~;~~;: 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 4.1. perpetuity; The right to preserve and protect the Conservation Values of the Property in 4.2. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantors' compliance with, and otherwise enforce the terms of this Easement Deed; provided that such entry shall be upon seventy-two (72) hours prior notice to Grantors, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement Deed. The Trust shall not unreasonably interfere with Grantors' use and quiet enjoyment ofthe Property; 4.3. The right to prevent any activity on or use ofthe Property that is inconsistent with the purposes of this Easement, or the preservation and protection of the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; and 4.4. Any other rights that the Parties may approve consistent with the purposes of this Easement and the Conservation Values. 5. Prohibited and Permitted Uses. The following uses and practices by Grantors, though not an exhaustive recital, are consistent with or prohibited by this Easement Deed. Certain of these consistent uses and practices are identified as being subject to specified conditions, such as to the notice provision as described in Section 9, and to the requirement of and procedures for prior approval by the Trust as described in Section 10. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. 5.1. The construction, placement, reconstruction, or replacement of any buildings, structures, camping accommodations, mobile homes, parking lots, or billboards are prohibited, except that Grantors retain the right, per each thirty-five (35) acre parcel, to construct, repair, and maintain one (1) cabin, not to exceed 1,000 square feet of total floor area, in a building envelope not to exceed .5 acres in accordance with Pitkin County's Rural and Remote Zoning, Section 3- 40-115, Pitkin County Land Use Code, attached as Exhibit C. Grantors agree to notify Trust prior to undertaking such permitted activities, though the construction and location of such improvements does not require Trust's approval. Said reserved right shall include vehicular access to any 1,000 square foot cabin constructed on existing or future roads, driveways, or rights of way established for such purpose;" 5.2. The sale, use, or transfer of any density or development rights over and above what Grantors retain in Subsection 5.1 is prohibited, except that pursuant to the Pitkin County Land Use Code and following rezoning of the Property to Rural and Remote, if Grantors shall apply for and obtain such rezoning, Grantors retain the right to transfer one development right per parcel to a qualified receiving property in lieu of the right reserved in Section 5. I, to construct, repair and maintain a 1,000 square-foot cabin; 5.3. The conveyance of easements, rights-of-ways, or the paving or grading of existing roadways is prohibited, except that Grantors reserve the right to apply for special approval from Pitkin County for a driveway on each parcel and improvements to existing roadways in \ 11\\\\ 11\\\ II1I ~I\ III~ IW 111\\ III 1\\\\ I~I l!!l r;~~~~t:;." SILVIA DAVIS PITKIN COUNTY CO . accordance with Pitkin County's Rural and Remote Zoning, Section 3-40-115, Pitkin County Land Use Code, attached hereto as Exhibit C and incorporated herein; unless the building rights are extinguished, at which time no further roads may be constructed; 5.4. The change, disturbance, alteration, or impairment of the relatively natural habitat for plants, wildlife, or similar ecosystems within and upon the Property is prohibited, except as necessary to the uses permitted in Subsection 5.1; 5.5. The removal, destruction, or cutting of native vegetation is prohibited, except in emergencies or as necessary for fire or disease prevention, or as necessary to the uses permitted in Subsection 5.1; 5.6. The introduction of non-native plant or animal species is prohibited; 5.7. The installation or placement of fencing on the Property is prohibited, except that Grantors reserve the right to install fences that meet Colorado Division of Wildlife standards and are located outside of critical wildlife habitat as defined by the Pitkin County Land Use Code. Fences that meet Colorado Division of Wildlife standards and are located in critical wildlife habitat or migration corridors require special review in accordance with Pitkin County's Rural and Remote Zoning, Section 3-40-1 15, Pitkin County Land Use Code, attached hereto as Exhibit C and incorporated herein; 5.8. permitted; The grazing of livestock consistent with sound livestock management practices is 5.9. The use of pesticides or herbicides other than for the control of noxious weeds and pests in a marIner consistent with sound environmental conservation practices, as determined by the NRCS, or other such entity as may be qualified at the time to oversee such practices, is prohibited; 5.10. The exploration for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, rock, geothermal resources, peat, or other materials on or below the surface of the Property by Grantors, their heirs, successors, transferees, or assigns, is prohibited. Grantors, their heirs, successors, transferees, or assigns shall not transfer, lease, or otherwise separate the soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance from the Property; 5.11. Grantors retain the right to divide the parcels or make lot line adjustments to the parcels provided that no such division or adjustment shall create a parcel of less than seventy (70) acres; 5.12. The use of any private recreational motorized vehicles off roadways now existing or new roadways permitted herein, or in a manner inconsistent with the preservation and protection of the Conservation Values, is prohibited except in cases of emergency; 5.13. The establishment or maintenance of any commercial feed lot, defined for purposes of this Easement Deed as a permanently constructed, confined area or facility within 1111111111111111111111111111111111111111111111 ~~~~~~:~ ~~, 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 which the land is not grazed or cropped annually, for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire is prohibited; 5.14. The accumulation, dumping, or other disposal of trash, ashes, garbage, or other offensive or unsightly refuse on the Property is prohibited; 5.15. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines is prohibited; 5.16. The degradation, pollution, or drainage of any surface or sub-surface water is prohibited; 5.17. Any use that would increase or substantially add to the risk of soil erosion is prohibited; 5.18. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material is prohibited; 5.19. Any commercial or industrial activity, including any commercial recreational activities such as the leasing of hunting or trapping rights, or the charging of other access fees is prohibited on the Property; 5.20. The transfer, encumbrance, lease, sale, or other separation of the Water Rights necessary or appropriate for use in present or future ranching, agricultural production, or the maintenance of wildlife habitat on the Property is prohibited; 5.21. The erection, construction, installation, relocation, or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment, or material that may be used for telecommunications or to provide such services is prohibited; except personal or low-impact telecommunications services; 5.22. Utility lines or substations are prohibited on the Property, except those necessary and directly related to uses of the Property permitted by this Easement Deed, in accordance with with Pitkin County's Rural and Remote Zoning, Section 3-40-115, Pitkin County Land Use Code, attached hereto as Exhibit C and incorporated herein; 5.23. Wind-powered electric generators are prohibited on the Property; 5.24. External lighting that interferes with wildlife on the Property or with landowners whose property is within sight of the Property is prohibited. 6. Reserved Rights. Grantors reserve to themselves and to their personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in all uses of the Property not expressly prohibited herein that are consistent with the purposes of this Easement Deed. Grantors shall notify the Trust in writing, as described in Sections 9 and 10, before exercising reserved rights that might be inconsistent with the preservation and protection of the Conservation Values. Grantors have the burden to prove that the Grantors' uses are consistent with this Easement Deed. 111111111111111111 11111 1111111111111111 1111111111111111 ~~;~~~;~~;. 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 7. Access. Nothing contained herein shall be construed as affording the public any more than visual access to any portion ofthe Property, although Grantors may permit public access to the Property on such terms and conditions as they deems appropriate, provided that such access is consistent with the terms of this Easement Deed. 8. Representations and Warranties. Grantors represent and warrant that, after reasonable investigation and to the best of their knowledge: 8.1. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; 8.2. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; 8.3. Grantors and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; 8.4. There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; 8.5. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantors might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and 8.6. Grantors warrant that Grantors have good and sufficient title to the Property, that Grantors have good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement Deed, and Grantors hereby promise to warrant and forever defend the title to the Easement Deed against all and every person or persons lawfully claiming by, through or under Grantors, the whole or any part thereof, except for rights-of-way, easements, restrictions, covenants and mineral reservations of record, which are acceptable to the Trust at the time of execution of this Easement Deed. 9. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantors to notify the Trust before undertaking certain permitted activities or uses is to afford the Trust an opportunity to ensure that the activities or uses in question are designed and carried out in a manner consistent with the purposes of this Easement Deed. Whenever notice and the Trust's approval, as described in Section 10 below are required, Grantors shall notify the 11111111111111111111111 11111111111111111111111111111111 ;~;~~~;~~; . 03P SiLVIA DAVIS PITKIN COUNTY CO R 11S 111111 n 01 0101 . Trust in writing not less than sixty (60) days prior to the date Grantors intend to undertake the activity or use in question, unless a different time period for the giving of notice is provided herein as to the activity or use in question. Whenever notice is required without the Trust's approval, Grantors shall notify the Trust in writing not less than thirty (30) days in advance of the activity or use. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity or use in sufficient detail to permit the Trust to make an informed judgment as to the activity or use's consistency with the purposes of this Easement and the preservation and protection of the Conservation Values. 10. The Trust's Approval. Whenever this Easement Deed requires that Grantors obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantors' written notice (as described in Section 9, above) of and request therefor. The Trust's approval may be withheld at the Trust's sole discretion if the Trust determines that the action as proposed would be inconsistent with the preservation and protection of the Conservation Values or the purposes or terms of this Easement Deed; the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantors. Where a modification of the proposed use or activity by Grantors would render the same consistent with the purposes of this Easement Deed and the preservation and protection of the Conservation Values, the Trust may specify, in such written notice to Grantors, such required modifications. 11. Trust's Remedies: Enforcement. The Trust shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Easement Deed. The Trust may enter the Property for the purpose of inspecting for violations in accordance with Subsection 4.2 above. If the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify Grantors of the nature of the alleged violation. Upon receipt of this notice, Grantors shall immediately discontinue any activity that could increase or expand the alleged violation and shall either: (1) restore the Property as is best possible to its condition prior to the violation in accordance with a plan approved by the Trust; or (2) provide a written explanation to Trust of the reason why the alleged violation should be permitted. If the Trust is not satisfied with Grantors' written explanation, the Parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, the Parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute pursuant to Section 11.1 below. At any time, including if Grantors do not immediately discontinue any activity or use that could increase or expand the alleged violation while the Parties are attempting to resolve the alleged violation, the Trust may take appropriate legal action pursuant to the Sections below, including seeking injunctive relief by ex parte means if necessary, to stop an alleged violation. The Trust's remedies described in this Easement Deed shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. The failure of the Trust to discover a violation or to take immediate legal action shall not bar the Trust from doing so within four (4) years from the date upon which the violation is discovered. 111111\ 1111I1111111111111111111111111111111111111111111 ~~~;~~~;~~; : 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 11.1. Mediation. If a dispute arises between the Parties concerning the consistency of a use or activity with the purpose of this Easement Deed, and Grantors agree not to proceed with the use or activity pending resolution of the dispute, either Party may refer the dispute to mediation by written request upon the other. Within ten (10) days of the receipt of such request, the Parties shall select a single trained and impartial mediator with experience in Conservation Easement Deeds and other land preservation tools. If the Parties are unable to agree on the selection of a single mediator, then the Parties shall each select a trained and impartial mediator with experience in Conservation Easement Deeds and other land preservation tools, and those two mediators shall select a similarly skilled mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (1) promote discussion between the Parties; (2) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (3) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement Deed. B. Participation. The mediator may meet with the Parties and their counsel jointly or ex parte. The Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator, except in cases when the Trust believes that Conservation Values are continuing to be harmed during the mediation process in which case the Trust can suspend its involvement in the mediation to remedy this threat of ongoing violation. Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator shall not be subject to subpoena by any Party in any subsequent litigation. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a party. D. Time Period. Neither Party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. The Parties shall equally share and each bear fifty percent (50%) of the mediator's fees. 11.2. Iniunctive Relief. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of competent jurisdiction, to enforce the terms of this Easement Deed and to j!!~!ll~,I~I(I~I~ 111m ~j"llll "I~ 11111111 ~~;1!;: ~." R 116.00 0 0.00 enjoin by temporary or permanent injunction a violation, which may require restoration of the Property to the condition that existed prior to the violation. I 1.3. Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement Deed or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting Grantors' liability therefor, the Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any restorative, remediative, or corrective action on the Property. 11.4. Emergencv Enforcement. If the Trust reasonably believes an ongoing or threatened imminent activity violates the Easement Deed, the Trust may, in its sole discretion, take immediate legal action as set forth in this Section 1 I without prior notice to Grantors, without waiting for the period provided for cure to expire, and without waiting for the sixty (60) day mediation period to expire. 11.5. Scope of Relief. The Trust's rights under this Section 11 apply equally in the event of either actual or threatened violations of the terms of this Easement Deed. Grantors agree that the Trust's remedies at law for any violation of the terms of this Easement Deed are inadequate and that the Trust shall be entitled to the injunctive relief described in Subsection 11.2, both prohibitive and mandatory, in addition to such other relief to which the Trust may be entitled, including specific performance of the terms of this Easement Deed, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The Trust's remedies described in this Section 11 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 11.6. Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement Deed against Grantors including, without limitation, costs and expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantors' violation of the terms of this Easement Deed shall be borne by Grantors; provided, however, that if Grantors ultimately prevail in a judicial enforcement action, each Party shall bear its own costs. 11.7. The Trust's Discretion. Enforcement of the terms of this Easement Deed shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement Deed in the event of any breach of any term of this Easement Deed by Grantors shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement Deed or of any of the Trust's rights under this Easement Deed. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver. 11.8. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement Deed, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of discovery of the violation for which the action is sought to be brought or maintained. To the extent that any defense available to Grantors pursuant to C.R.S. ~38-4 I - I 19 is inconsistent with the foregoing, Grantors waive that defense. Grantors waive the defenses of 111111111111111111 \\111 111111111111111\ 1111111\\ 11\ 111\ ~~~~~i~~: 0~3 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 laches, estoppel, and prescription with regard to the enforcement of all other terms of this Easement Deed. 11.9. Acts Beyond Grantors' Control. Nothing contained in this Easement Deed shall be construed to entitle the Trust to bring any action against Grantors for any injury to or change in the Property resulting from causes beyond Grantors' control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantors under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Grantors are not responsible for acts of third parties who are out of Grantors' control, except that Grantors are responsible for guests, invitees, and other third parties authorized by Grantors to access the Property. 12. Costs, Liabilities, Taxes and Environmental Compliance. 12.1. Costs. Legal Requirements and Liabilities. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage. Grantors remain solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantors shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. 12.2. Taxes. Grantors 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, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantors, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantors to the Trust at the lesser of fifteen percent (15%) per armum, or the maximum rate allowed by law. 12.3. Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantors agree to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 12.4. Control. Nothing in this Grant shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantors' activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The 1111111 11111111111 111111111111111111111 1111111111111111 ~~;~~~0~f 0~~ 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), and any Colorado state law counterpart. 12.5. Hold Harmless. Grantors shall hold harmless, indemnify, and defend the Trust 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, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (I) 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 of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; (4) federal or state tax benefits or consequences of any kind which result or do not result from entering into or donating this Easement Deed, including Grantors' eligibility for Colorado's Gross Conservation Easement Income Tax Credit pursuant to C.R.S. ~39-22-522; and (5) the obligations, covenants, representations, and warranties contained herein. 13. Extinguishment and Condemnation. 13.1. Extinguishment. In granting this Easement, Grantors have considered the possibility that uses prohibited by the terms of this Easement Deed may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of Grantors and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement Deed. In addition, the inability of Grantors, or Grantors' heirs, successors, or assigns, to conduct or implement any or all of the uses permitted under this Easement Deed, or the unprofitability of doing so, shall not impair the validity of this Easement Deed or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement Deed impossible to accomplish, this Easement Deed can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction after the court has explored all options for importing other purposes for the Easement Deed pursuant to the cy pres doctrine. Each party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust 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. The 111111111111111111111111111111111111111111111111111111I ~~~;~~!0~f 0~7 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 Trust shall use all such proceeds in a marmer consistent with the conservation purposes of this Easement Deed. 13.2. Proceeds. Grantors and the Trust stipulate that as of the date of this Easement Deed, they are each vested with a real property interest in the Property. The Parties further stipulate that the Trust's interest in the Easement has a value of 57% of the fair market value of the Property from this date forward. This percentage is equal to the percentage of reduction in fair market value to the Property after the Easement was granted, as shown by the appraisal completed by Hunsperger and Weston on November 18,2004. The appraisal substantiating this reduction in value shall be provided to, and remain on file with, the Trust. For purposes of this Subsection, the Trust's percentage interest in the Property shall remain constant in relation to any future fair market value of the Property. However, the value of any improvements to the Property made by Grantors after the date of this Easement Deed, is reserved to Grantors. The values of the Property and the Easement shown on the appraisal shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section I 70(h) of the Internal Revenue Code of 1986, as amended. 13.3. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantors and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in-lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantors and the Trust in connection with the taking or in-lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by multiplying that balance by the percentage set forth in Subsection 13.2. 13.4. Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this Section 13 in a marmer consistent with its conservation purposes, which are exemplified by this grant. 14. Assignment. This Easement is transferable by the Trust, in whole or in part, with notice given to the Grantors, provided the Trust may assign its rights and obligations under this Easement only to an organization that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder; (b) authorized to acquire and hold conservation Easements under Colorado law; and (c) charged with a mission similar to that of the Trust, including but not limited to the Board of County Commissioners of Pitkin County, Colorado. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, (assuming a transfer in whole) the Trust shall have no further obligation or liability under this Easement Deed. The Trust agrees to give written notice to Grantors of an assignment at least sixty (60) days prior to the date of such assignment. The failure of the Trust to give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement Deed or limit its enforceability in any way. 1111111111111111111111111111111111111111111111111111111 r7~~~~0~f 0~3 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 15. Subsequent Transfers. Grantors agree to incorporate the terms of this Easement Deed in any Deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantors further agree to give written notice to the Trust of the transfer of any such interest at least thirty (30) days prior to the date of such transfer, and provide the opportunity for the Trust to explain the terms of this to potential new owners prior to sale closing. The failure of Grantors to perform any act required by this paragraph shall not impair the validity of this Easement Deed or limit its enforceability in any way. 16. Estoppel Certificates. Upon request by Grantors, the Trust will consider providing a document or estoppel certificate to certify Grantors' compliance, if the same is appropriate under the circumstances surrounding the request. 17. 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 or to such other address as either party from time to time shall designate by written notice to the other: To Grantors: Richard C. Jelinek 0312 Ridge Road Aspen, CO 81611 With Copv to: Leonard M. Oates, Esq. Oates Knezevich & Gardenswartz, P.C. 533 East Hopkins Ave., 3rd Floor Aspen, CO 81611 To the Trust: Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 8 I 623 18. Recordation. The Trust shall record this instrument in timely fashion in the official records of Pitkin County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement Deed. 19. Amendment. If circumstances arise under which an amendment to this Easement Deed would be appropriate to promote the purposes of the Easement, Grantors and the Trust may jointly amend this Ea'sement Deed. However, the Trust is under no obligation to amend this Easement Deed, and may decline to amend this Easement Deed in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of the Easement under any applicable law. Any amendment must be consistent with the purposes of the Easement and the Conservation Values and may not affect the Easement's perpetual duration. No amendment shall be permitted that is inconsistent with the preservation and protection of the Conservation Values. Any amendment must be in writing, signed by all Parties, and recorded in the records of the Clerk and Recorder of Pitkin County, Colorado. I 11111111/1/ 111111 111111/1111 1111111111111 1111111111111 ::~~~~~, .;' '" SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 . 20. General Provisions. 20.1. Exhibits. The following Exhibits are attached to and incorporated by reference into this conservation Easement Deed. Exhibit A: Property Legal Description, Exhibit B: Summary Description, Inventory of Relevant Features of Property, Exhibit C: Pitkin County Land Use Code, Subsection 3-40-115, Rural and Remote. 20.2. Definitions. The terms "Grantors" and "Trust", wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantors and Grantors' heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. 20.3. Controlling Law. The interpretation and performance of this Easement Deed shall be governed by the laws of the State of Colorado. 20.4. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement Deed shall be liberally construed in favor of the grant to effect the purposes of the Easement and the policy and purpose ofC.R.S. ~~38-30.5-101 et seq. Ifany provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of the Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement Deed or to disputes between the Parties concerning the meaning of particular provisions of this Easement Deed. 20.5. Severability. If any provision of this Easement Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement Deed, 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 be deemed severable and remain in full force and effect. 20.6. Entire Agreement. This instrument sets forth the entire agreement between 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. 20.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantors' title in any respect. 20.8. Joint Obligation. The obligations imposed by this Easement Deed upon Grantors shall be joint and several. 20.9. Successors. The covenants, terms, conditions, and restrictions of this Easement Deed shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 11111111111111111111111111111 11111111111111111111111111 ;~;:~t~f 0~~ 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 20.10. Termination of Rights and Obligations. A party's rights and obligations under this Easement Deed terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 20.11. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 20.12. Counteroarts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 20.13. Merger. Unless the parties expressly state that they intend a merger of estates or interests to occur, no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this grant. 1!!~!lf~JIIII(J~ II~I ~llll/II 111/1/ II/ ~'I ;,~1!~, .i:." R 116.00 00.00 16 IN WITNESS WHEREOF, Grantors and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTORS CIR 2 Ranch, LLC, CIR 3 Ranch, LLC and CIR 4 Ranch LLC By d2L_/~ -~ .v"Richard C. Jelinek, M ger/Sole Member Title: STATEOF~~'. fl-t.._ ) ss. COUNTY OF r -Lt'n\j ) TN The foregoing instrument was acknowledged before me this ,Q q' day of November 2004, by Richard C. Jelinek as Manager/Sole Member of CIR 2 Ranc~CIR 3 Ranch, LLC and CIR 4 Ranch LLC, as Grantors. [SEAL] WITNESS my hand and official seal. ACCEPTED by TRUST: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, By:LIIU~ &d~J 1 Martha Cochran Its: Executive Director STATEOFCviG(~(clo ) .. I) ss. COUNTY OF -04 yhe (d ) The foregoing instrument was acknowledged before me this $l) day of No by Martha Cochran as Executive Director of AJi V ALLEY LAND TRU nonprofit corporation. / ! WITNESS my hand and official seal. f ! / [SEAL] 11111111111111111111111111111111111111111111111111 ~~~;~~!0~f 0~~ 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 My commission expires: N i[,Y:J7/:20G~ . , 17 Exhibit A Crystal Island Ranch Lots 17W, 18W, and 19W Legal Descriptions 17W PROPERTY DESCRIPTiON A PARCEL OF LAND SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID PARCEL OF LAND is ALSO SITUATED IN A PORTION OF THAT PROPERTY DESCRIBED AS RECEPTION NO. 326845 OF THE PITKIN COUNTY RECORDS. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A TTHE SW CORNER OF SAID SECTION 23; THENCE, N.71022'20"E., 5,561.87 FEETTO A POINT ON THE EAST LINE OF SECTION 23, THE POINT OF BEGINNING; THENCE, N.70005'17'W., 2,501.92 FEET; THENCE, N.44013'35'E., 1,494.90 FEET TO A POINT ON THE EAST LINE OF THE SW1/4 OF THE NE1/4 OF SAID SECTION 23; THENCE, S.ooo11'37"W., 1,082.06 FEET ALONG SAID EAST LINE; THENCE, S.89049'44"E., 1,316.17 FEET ALONG THE E-W CENTERLINE OF SAID SECT/ON 23 TO THE EAST 1/4 CORNER OF SECTION 23; THENCE, S.00'11 '42"W.. 837.35 FEET ALONG THE EAST LINE OF SAID SECTION 23 TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 1,543,162 SQUARE FEET OR 35.426 ACRES, MORE OR LESS. 18W PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID PARCEL OF LAND is ALSO SITUATED IN A PORTION OF THAT PROPERTY DESCRIBED AS RECEPTION NO. 326845 OF THE PITKIN COUNTY RECORDS. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 23; THENCE, N.71'22'20"E., 5,561.87 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 23, THE POINT OF BEGINNING; THENCE, S.00'11'42"W., 694.06 FEET ALONG SAID EAST LINE OF SECTION 23; THENCE, LEAVING SAID EAST LINE S.89017'23"W., 435.18 FEET; THENCE, N.58009'30'W., 2,512.83 FEET; THENCE, N.44013'35'E., 315.17 FEET; THENCE, S.70005'17''E., 2,501.92 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 23, THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 1,546,840 SQUARE FEET OR 35.511 ACRES, MORE OR LESS. 1111111 11111111111111111111111111111111 1111111111111111 ~~~;~~t~f 0~~ 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 19W PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE S1/2 OF SECTION 23, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID PARCEL OF LAND IS ALSO SITUATED IN A PORTION OF THOSE PROPERTIES DESCRIBED AS RECEPTION NO. 343855 AND RECEPTION NO. 326845 OF THE PITKIN COUNTY RECORDS. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 23; THENCE, N.84 o52'40'E., 4,879.93 FEET TO THE POINT OF BEGINNING; THENCE, N.55047'05'W., 2,966.60 FEET; THENCE, N.44013'35'E., 417.28 FEET; THENCE, S.58009'30'E., 2,512.83 FEET; THENCE, N.89017'23"E., 435.18 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 23; THENCE, S.00011'42'W., 544.54 FEET ALONG SAID EAST LINE OF SECTION 23; THENCE, LEAVING SAID EAST LINE OF SECTION 23 S.75051'Q4'W., 418.53 FEETTO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 1,526,002 SQUARE FEET OR 35.032 ACRES, MORE OR LESS. l~~I(/IWII('~ ~(' ~"I ~I WI III ~/I ;,;~,;r~, ,;'." R 116.00 0 0.00 . Exhibit B Summary ofthe Property's Conservation Values Crystal Island Ranch Lots 17W, l8W and 19W The purpose of the conservation easement on the CIR 2,3 & 4 RANCH, LLC properties is to preserve, in perpetuity, the following conservation attributes: I. Native vegetation providing significant wildlife habitat. The property is remote, undeveloped, relatively undisturbed and topographically complex, and features diverse native mountain shrub communities, an aspen copse, and shale outcrops. These features provide cover, forage, nesting, rearing, migratory habitat, and/or habitat linkages for many species of vertebrates, including mountain lion, black bear, bobcat, coyote, and many birds, small mammals, and reptiles. The property is relatively free of noxious weeds or other introduced plant species. 2. Winter range and habitat connectivity for American elk and mule deer. The property lies within elk winter range areas mapped by the Colorado Division of Wildlife (CDOW), and within summer and winter mule deer range. The property provides ample cover, succulent forage, and safe passage for large ungulates moving across the landscape and between concentration areas. Evidence of heavy elk and deer use is present on the property. 3. Open space with scenic and natural rural character. The property is not visible from adjacent and nearby private lands, and minimally visible from adjacent public lands. 4. Biodiversity Rank: The property lies adjacent to the area referred to as The Crown in The Roaring Fork Watershed Biological Inventory 1997-1999. The Crown has a rank of B2 or very high significance. This ranking is due largely to the plant communities in the area. 1111111111111111111111111111111111111111111111111111111 ;~;:1:0~f 0;3 0~P SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 .- Exhibit C Pitkin County Land Use Code 3-40-115 RR Rural/Remote A. Intent: The intent of the Rural/Remote Zone District is to conserve and protect the natural environment and its resources; to preserve the unique low-scale, low-density backcountry character and lifestyle; to minimize environmental degradation; to retain undeveloped areas; and to allow for limited recreational uses and limited residential development while still preserving the character of rural/remote lands and to allow for the transfer of development rights to areas that are more appropriate for development. Areas within the Rural/Remote Zone District exhibit some or all of the following characteristics: I. Location more than one-half mile from winter maintained public roadways. 2. Absence of traditional utility service districts, such as electric, gas and phone. 3. Limited availability or absence of rapid, traditional Pitkin County emergency services. 4. Little or no development existing in the surrounding area. 5. Presence of natural hazard areas or resource areas, such as steep slopes, avalanche, high wildfire areas or important wildlife habitats. 6. Location within subalpine or alpine ecosystems, and/or location at or above nine thousand-foot (9,000') elevation. 7. Location adjacent to Forest Service or Bureau of Land Management owned properties. 8. Unique backcountry character, including historic resources and isolated lifestyles. B. Allowed Uses: The following uses are permitted as of right in the Rural/Remote Zone District: 1. Single-family dwelling units, which may take the form of alternative/nontraditional structures such as domes, yurts, teepees and elevated platforms/treehouses contingent upon compliance with the adopted building code requirements. 2. Shared water systems. 3. Solar energy collectors for on-site residential purposes. 4. Wind powered apparatus for on-site residential purposes. 5. Above-ground generators which meet the decibel requirements of the Environmental Health Department. 6. Gardens outside of the activity envelope up to two thousand five hundred (2,500) square feet in size. 7. Agricultural operations and practices which were in existence prior to January 2,1996.8. Fences which meet Colorado Division of Wildlife standards and are located outside of critical wildlife habitat as defined by the Pitkin County Land Use Code. 9. Repair of existing fences, regardless oflocation within wildlife habitat. 10. Termination of noxious weeds (as defined by the Pitkin County Land Management Department) within and outside of the activity envelope. 11. Home occupations, except home occupations that employ non-residents. C. Special Review Uses: 1. Automobile parking areas which centralize resident parking adjacent to existing roadways in order to allow alternative access to residences beyond that point (i.e., skiing, hiking, snowmobiling, biking). 2. Driveways. 3. Helicopter access for construction use only. 4. Extractive operations. 5. Transfer of development rights to obtain growth management exemptions. 6. Commercial recreational uses to be allowed only through special review and, where appropriate, in conjunction with and in coordination with the Forest Service permitting process. 7. Fences which meet Colorado Division of Wildlife standards and are located in critical wildlife habitat and/or migration corridors as defined by the Code. 8. Individual water supply. 9. Individual sewage disposal system. 10. Hydro plant to service a single residence. 11. Legally I ~~II III/I 111111 1111//11111111111111111 1111111111111 :.;;1~:1, .;' '" SILVIA DAVIS PITKIN COUNTY CO R 116.00 0 0.00 . created structures, existing prior to January 2, 1996, may be retained when a new structure is proposed, subject to compliance with one of the following criteria: a. The structure contains an existing dwelling unit, and either the new or the existing unit is deed restricted to be occupied by residents, as determined by the Affordable Housing Guidelines. However, year-round occupancy of the unit shall not be required. The deed-restricted unit shall be exempt from GMQS competition and scoring, but shall be deducted [rom the non-metro area residential quota. b. The structure is retained as an accessory structure and accommodates accessory uses only, subject to the definition of "Accessory Use or Accessory Structure" in Article 8 of the Land Use Code. 12. Extension of utilities such as electricity, water, sewer, telephone and cable. Such extensions must comply with special review criteria in Subsections 3-210-010 and 3-200-095 of the Land Use Code. 13. Improvements to existing roadways including, but not limited to, widening, grading and drainage improvements. 14. Legally created structures pre-dating the enactment of the Rural/Remote Zone District where approval is received to sever a TDR from the property, subject to the Transferable Development Rights provision in Section 3-310.15. Uses permitted by the Forest Services and also approved through County special review. D. Prohibited Uses: The following uses/activities are prohibited in the Rural/Remote Zone District: I. Winter maintenance of roadways and driveways, except for access to residential development sites approved prior to January 2, 1996, which have been historically and continually served by privately winter-maintained driveways or roadways. 2. New accessory structures other than those allowed by special review. 3. New roadways. 4. Uses not listed as allowed or special review uses. 5. Disturbance of all living native vegetation outside of the activity envelope, including grasses, forbs, shrubs and trees, except as required for wildfire mitigation. One standing dead tree per five (5) acres shall remain undisturbed, if present, for bird of prey perching and nesting and for songbird perching and feeding. This provision shall not prohibit the general gathering of firewood from deadfall, nor does it prohibit the grazing of animals which have historically grazed the parcel prior to January 2, 1996. 6. Caretaker and employee dwelling units pursuant to Subsection 3-150-120 and 3-150-130. E. Dimensional Requirements: Except as may be permitted by special review pursuant to the provisions of Subsection 3-40-ll5C, the following dimensional requirements shall apply to all allowed and special review uses in the Rural/Remote Zone District: I. Minimum lot area: thirty-five (35) acres. 2. Minimum lot area principal use: thirty-five (35) acres. 3. Maximum size of activity envelope per principal use: 0.5 acres. 4. Minimum front yard setback: determined by special review. 5. Minimum side yard setback: determined by special review. 6. Minimum rear yard setback: determined by special review. 7. Minimum lot width: four hundred feet (400').8. Maximum height per principal structure: no higher than twenty feet (20') to the top of ridge or to the top of the parapet surface ofa flat roof. 9. Maximum footprint per principal structure: not to exceed one thousand (1,000) square feet without special review approval. In measuring footprint, all dimensions shall be taken from the outside face of framing or other primary wall members. 10. Decks, porches, etc.: not to exceed a maximum of five hundred (500) square feet, as measured from the outside face of the material. Structures including, but not limited to, decks, porches, slabs, patios and terraces, shall be included in this 1111111111111111111111111111111111111111111111111111111 ;~;:~~0~f 0~~ 03P SILVIA DAVIS PITKIN COUNTY CO R 116.00 o 0.00 calculation, and these structures shall be contiguous to the building footprint. 11. Maximum allowed square footage: not to exceed one thousand (1,000) square feet, except as may be allowed through special review to retain an existing structure when a new structure is proposed. Below-grade space and garage or carport space are included in the calculation of maximum allowed square footage. Up to six hundred (600) square feet of a legally created structure existing prior to January 2, 1996, which is retained pursuant to special review, shall be excluded from the maximum allowed square footage for a new, separate structure; square footage in excess of six hundred (600) square feet shall be included in the maximum allowed square footage. The entire square footage of an historic structure shall be excluded from the maximum allowed square footage. 12. Platforms/treehouses: not to exceed two hundred fifty (250) square feet, which is included in the one thousand (1,000) square foot maximum allowed square footage. 13. Outhouse, storage and mechanical enclosures shall not exceed a total of one hundred sixty (160) square feet, which is excluded from the one thousand (1,000) square foot maximum allowed square footage. (Ord. 23-2002 Att. A (part): Ord. 13-2000, Att. A: Ord. 99- I 8, Att. B. l.fl111Ilf.',HlflHIH ~;~~~?," R 116.00 0/2004 02:03P o 0.00 20