HomeMy WebLinkAboutpitco.ost.crystalislandranchI.consdeed.411663
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DEED OF CONSERV AlJON EASEMENT
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1 or 18 R !S1.01 D e,ee N 1,Ile '\TICIN COUNTY co
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THIS DEED OF CONSERVATION EASEMENT ("Consetvation Easement'~ is entered into
this 1st day ofDecexnber 1997, by and among RICHARD JELINEK, alk/a RICHARD C. JELINEK
........ and DBBBID F. JELlNEK. ("Grantors"), and PARK '!RUST, LID., d/b/a The Aspen Valley Land
Trust, a ColoI3do non-profit corporation with an address of P.O. Box 940, Aspen, Colorado 81612
(the "Grantee").
BACKGROUND
A. Grantors are the owners in fee simple of certBin real property in Pitkin County,
Colorado, more particularly descn"bod in Exhibit A attached hereto and incorporated
herein by this reference (the "Consenration Property"). The Grantors own lUljacent
lands not subjected to this Conservation Easement (oAdjacent Lands"). The
Conservation Property and Adjacent Lands are commonly known as Crystal IslllIlCl
Ranch" ~') I o',r:'
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B. The Couservation Property consists of approximately...241"acres at a rising elevation . ,
starting at ahom 7,160 feet above sea level to about 8,000 square feet above sea level
and consists of a tree-lined stream, and undisturbed dry upland with native species
of Quercus Gambelii (Scrob Oak), Amelanchier (Serviceberry) and Artemesia
Tridentata (Sagebrush) predominatini, with Populus Trem.u1oides (Aspen) at the
higher elevations. The Conservation Property is bordered to the east and south by
Bureau of Land Manlliement ("BLM") property, which in turn are alljacent at a
higher elevation to the White River National Forest.
C. The Conservation Property remains in a substantially undisturbed, natural state and
has significant ecological, wildlife, open space and aesthetic values. Preservation of
these natural features and values will yield substantial public benefit.
D. The Conservation Property is significant winter, summer and migratory winter range
for elk and winter range and concentration area for mule deer, bighorn sheep, elk.
and habitat for black bear, Cougar, bobcat. gray and red fox, coyote, and yellow
bellied marmot, and the bald eagle, golden ~e, wild turkey and numerous species
ofneo-tropical birds, reptiles and amphibians.
E. The Conservation Property lies direct;ly in the view corridor from adjacent public
highways ofMt. Sopris. a 13,000 plus foot peak.
F. Grantors desire and intend to preserve and maintain the wildlife habitat, open space
character and scenic qualities and values of the Conservation Property by
encumbering the same with a conservation eWicmcnt for the use and benefit of the
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Grantee pursuant to the provisions of Colorado Revised Statues Section 38~30,5-1 01
~.
G, Colorado Revised Statutes Section 39"l-102(1.6)(a)(Ill), enacted in 1995, further
promotes conservation easements by providing that land classified as agriculmral
land for at least two years for real property taxation purposes will continue to have
the benefit of reduced real property taxes in perpetuity if such agricultural or open
space use is preserved by the grant of a conservation easement. The Conservation
Property is classified as agricultuIa11and and. has been for at least two years for
property taxation purposes,
H. Section 170(b) of the Internal Revenue Code provides for a federal income tax
deductiOl1 for the value of conservation easements so long as the conditions set forth
therein lml met in order to ensure that valid COI1.!lervation purposes are served by the
grant of a conservation easement.
I. Grantee is a charitable O1'8llIIiza1:ion, exempt frow. tax under Section 501(c)(3) of the
Internal Revenue Code of 1986, created at least two (2) yeatS prior to the grant of this
conservation easement and is a "qualified conservation organization" as defined by
the Internal Revenue Code of 1986.
1. Grantee has the resources to carry out its responsibilities hereunder. By acceptance
of this conservation easement, Grantee acknowledges its coII1II1itment to honor the
intentions of the Grantors as expressed herein to preserve and protect in perpetuity
the conservation values of the Consenration Property for the benefit of the present
and future generations,
K. The preservation of the natural features of the Conservation Property as provided
herein is consistent with and encouraged by clearly delineated fedenl, stare and local
governmental. conservation policies and will yield a significant public benefit.
CONVEYANCE
NOW THEREFORE in consideration of the mutual covenants contained herein, pursuant .
to C.R.S. Section 38-30.5-101 ~., the Grantors hereby convey to the Grantee a Conservation
Easement in Gross consisting of the rights hereinafter described and subject to the ripts h,ereinafter
reserved over and across the Conservation Property. The Grantee hereby agrees to be bound by the
terms and conditions of this Conservation Easement.
1. Pumose. It is the purpose of this Conservation Easement to preserve and protect in
perpetuity the natural, ecological, wildlife habitat, open space, scenic and aesthetic
values of the Conservation Property.
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A ffirm.ative Rirht.'l con~cl.. The affirmative rights conveyed by this Conservation
Easement to the Grantee are the following rights:
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2.
a. To protect in perpetuity the natural, ecological, wildlife, open space, scenic
and aesthetic features and values of the Conservation Property.
b. To enter upon the Conservation Property to exercise the rights herein granted
and to enforce the terms hereof The Grantee shall provide at least 24 hours
advance notice to the person designated by the Grantors or their grantees and
assigns from time to time as their contact person of each visit to the
Conservation Property by the Grantee or its agents.
c. To enjoin, or to take any other action that is reasonable or necessary in order
to prevent, any activity on, or use of, the Conservation Property wbich is
prohibited by, or is inconsistent with, this Conservation Easement
3. Riihts RetaWd bv the Grantors. The Grantors retain all of the customary rights of
ownership not granted to the Grantee herein including, but not limited to, his present
right to the access and use of the Conservation Property for all purposes not
inconsistent with or prohibited by this Conservation Easement or other bin.diq
restrictions. The OrantOI'S retain the riahts they presently have to control the access
to the CODSe1Vation Propeny; provided, however, that the Grantee and its agents shall
have the right of ingress and described in Paragraph 2b. above for the purpose of
ensuring compliance with the terms of this Conservation Easement
4. Prohibited Uses Ilnd Practices. The following uses and practices are inconsistent
with the purposes of this Conservation Easement and shall be prohibited upon or
within the Conservation Property.
a. The change, disturbllDW, alteration, or impairment of the natural, ecological,
wildlife, open space, scenic, and aesthetic featUIe$ and values within and
upon the Conservation Property, except as otherwise provided herein.
b. The cons1ruction of any structuIes of any nature on the Conservation Property
except for (i) boundary and internal livestock fences that the owner of the
Conservation Property is required to maintain which shall not obstruct the
movement of wildlife, (n) inigation ditches, reservoirs, water structures,
bridges and gates which are necessary to maintain the historic irrigation
system serving the Conservation Property aud adjacent land, (ill) barns and
other agricu1tural outbuildings and non-habitable 'Wll1TTIing huts approved by
the Colorado Division of Wildlife, (iv) underground or raptor proofed 1.1tilities
intended to serve Adjacent Lands of the Grantors, (v) recreational trails
which do not affect or clenigrate the purpose of this Conservation Easement,
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and (vi) a road meeting the ~ wjl'limum standards of Pitkin ComIty,
Colorado as shall be rWonably necessary for access and utility services to
~y.sy"sm~ 825 T8S. R88W of the [jtJ. P.M' 'Pitlcin County. Colorado,
together with the right to install underground utility services under said road,
which does not affect and denigrate the purposes of this Comservation
Easement, for access to one (1) single family msidence on the said
~V,Sy"SE~,un5 TRS. R88W of the @h P.M.: Pitkin County. Colorado,
b. The removal, destruction or cutting of native vegetation or timber except for
(i) the cutting of dead timber whicili is appropriate for the fire control and (ii)
such cutting of vegetation or timber as is necessary for the maintenance of
trails which arc authorized heroin, or for health. safety and we~ issues as
recommended by the Colorado Forest SerYi.ce, with the concurrence of the
Grantors in each case recognizing the need for cavity nesting of wildlife in
dead trees or tree snakes.
c. The conduct of any business, commercial or industrial enterprise on the
Conservation Property including, but not funited to, the commercial cutting
of timber and the exploration for or extraction ofminera1s, oil. gas or other
hydrocarbons, soils, sands, gravel Or other materials on or below the surface
of the CoDSetvation Property, but excepting the gra:z;iIlj of domesticated
livestock or other agricultural uses which do not affect wildlife habitat and
scenic and natural features of the Conservation Property.
d. The storage, dumping or any other deposit of refuse garbage or other
unsightly or offensive material on the Comervrmon Property
e. The introduction of non-native plants species to the Conservation Property
which may compete with and result in the decline or ~Hmination of native
species.
f. The intrOduction and keeping of large predatory mammals to the
Conservation Property.
g. Any activity or use which is prohibited by a wildlife management plan with
respect to the Conservation Property prepared by a qualified authority with
the assistance of the Colorado Department ofWlldlife,
h. Campfires or picnic fires or man made :fires for any purpose except for
controlled and attended fires required for maintenanCe of the Conservation
Property.
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i. Any other activity which endangers, disturbs or adversely impacts the natural,
scenic and aesthetic qualities of the Cov.se:rvation Property except 88
permitted in this Conservation Easement
j. Allowing household pets to nm free on the Conservation Property. All
household pets on the Conservation Property must be leashed or restrained
within an adequate enclosure at all fune.
k. Hunting with any type of weapons Ot the discharge of fireanns on the
Conservation Property, except non-commercial hunting by owners of
Alljaccnt Lands or their invitees pursuant to a wildlife management plan
approved by the Colorado Division of Wlldlife, with the concurrence of the
Grantors.
1. The non-iXlmme.rcia1 operation of snowmobiles, all terrain vehicles or similaf
non-motorized recIeational vehicles, except on established roads or trails.
m. The erection of any commercial signs or billboards.
n. The establisbment of any commercial feed lot as opposed to traditional free
range grazing of livestock.
5. Permitted Uses. The Grantors intend that the future use oftbe Conservation Property
shall be 1imited to (a) the preservation of the existing vegetation, wildlife habitat and
open space and (b) limited recreational use by the Grantors, their heirs, guests,
invitees, grantees and assigns in and to the Adjacent Lands. The following uses,
though not an exhaustive recital of permitted uses, are permitted under this
Conservation Easement to the extent that they are consistent with any wildlife
management plan approved by the Colorado Division of Wildlife;
a.. The grazing of domestic livestock, and uses incident thereto; and, the conduct
of the agricultural activities, provided that such grazing and agricultural
activities not affect the wildlife habitat and the scenic and natutal features of
the Conservation Property.
b. The use and maintenance of existing trails for podestrian, bicycle, cross
country skiing and equestrian use by the Gnurtors and owners of Adjacent
Lands, who shall be granted rights the.rein by the Grantors or their heirs,
grantees or assigns, their guests and invitees.
c. The recreational use of the trails on the Conservation Property by
snowmobiles, bicycles, all terrain vehicles and motorcycles.
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Non-commercial game hunting by the GtantO"S, their grantees and guests
during regular hunting seasons, under a game management plan approved by
the Colorado Department ofW'lldlife.
e,
The construction of bams and other agricultural outbuildings and non-
habitable warming huts approved by the Colol.'ado Department of Wildlife,
f.
The installation and uudntenance of undergr01md or raptor proofed utility
lines minimally necessary to serve the Adjacent Lands.
g:
1b.e development and maintenance of such water resources and facilities on
the Conservation Property as an: necessary and convenient for the uses
conducted on Adjacent Lands; provided that the development and use of such
water resources shall be compatible with the purposes of this Conservation
Easement.
h.
The control of soil erosion, soil conservation, conservation of existing natural
velletation, and the control of parasitic plants and noxious weeds in a manner
consistent with good conservation practices.
i.
The conduct of such limited forestry practices as are consistent with the
purposes of this Conservation Easement, inc1udini, without limitation, tree
planting, thinning, pest controlllIld vegetarian control for protection against
fire or disease or for trail and road maintenance.
J.
The maintenance and :realignment of existing trails and roads and extensions
thereof consistent with the purposes of this Conservation Easement.
6. Enforcement ofRiehts of Grantee.
a. In the event of a violation of any term, condition. covenant or restriction
contained in this ConserVation Easemeut, which remains uncured after thirty
(30) days prior notice of the violation for which such 3O-day notice is not
required, the Grantee may institute legal proc-'ingll to enjoin by temporary
orpermanent injunction such violation, or to claim damages for breach of any
covenant, or may take such other action as it deems necessary to ensure
compliance with the terms, conditions, covenants and purposes of this
COnseJVation Easement; however, any failure to so act by the Gtantee shall
not be deemed to be a. "li'Jaiver or a forfeitw'e of the right to enforce any tenn,
condition, covenant or purpose of this ConseIVation Easement in the future.
In any case where a violation has occurred, the party found to be in violation
shall reimburse the other party for the latter's costs, includini reasonable
attorneys fees, involved in stopping or correction of the violation.
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b. The Grantors intend that should any prohibited activity be undertaken on the
Conservation Propcl1y which has a materiallldverse effect on the purposes
of this Conservation Easement, the Grantee shaD have the right to cause the
restoration of that portion of the Conservation Property affected by such
Ilctivity to the condition that existed prior to the undertaking of such
prohibited activity. In such case, the cost of restoratiOD shall be borne by the
Grantors or their grantees or assigns. Nothing contained herein should be
construed to preclude the Grantors, their grantees or assigns from exhausting
legal remedies in determining -whether the activity to which the Grantee has
objected has such a material adverse effect.
c, Nothing contained in this Conservation Easement shall be constroed to entitle
the Grantee to bring any action against Grantors for any injmy to or change
in the Conservation Property resulting from caU8es beyond the control of
Gnurtors or their grantees or assigns, including, but not limited to, fire, flood,
storm, and earth movement or from any prudent Or good faith action taken by
the Grantors, their grantees or the owners of AdjllCent Lands under
emergency conditions to prevent, abate or mitigate iqjmy to the Conservation
Property resulting from such causes.
7. Taxe'l and Assessments, The Grantors agree to pa.y any and all real property taxes
and assessments levied by competent authority on the Conservation Property.
8. No Public Access. Nothing herein contained shall be construed as affording the
public access to any portion of the Conservation Property. To the contrary, public
access is hereby expressly prohibited, and the Grantors and the Orantco, their
respective grantees, successors and assigns shall have the right to enforce such
prohibition by all lawful means.
9. Assivrnent QY Grantee, The Grantee may, without the consent of the Grantors,
assign this Conservation Easement to any charitable organization exempt under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which
organization was created at least two years prior to the receipt by it of this
Conservation Easement, provided that (8.) in the judgment of the Grantee, the
assignee organization has the ability, experience, interest and resources to carry out
the conservation objectives expressed in this Conservation Easement, and (b) the
assignee Organization agrees in writing to abide by and to carry out the intentions of
the Grantors and the Grantee as expressed in this Conservation Easement.
In tho unlikely event that the Gtantee corporation should be VOluntarily or
involuntarily dissolved without having assigned this Conservation Easement as
above provided, all of the Grantee's right, title and interest in and to this
Conservation Easement shall be deemed automatically transferred and assigned to
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The State of Colorado, Division of Wildlife , a charitable
organization exempt under Section SOl(cX3) of the Internal Revenue Code.
10. Amendment. The Grantors and the Grantee recognJze that circumstances may arise
under which an amendment to or modification of this Conservation Easement would
be appropriate, Accordingly, the Grantors or their grantees and assigns and the
Grantee, its mcc:essors or assigns may jointly by mutual agreement lUl).end this
Conservation Easement without prior notice to any party, provided that no
amendment shall be allowed that will affect the qualification of this Conservation
Easement under C.R.S. Section 38-.30.5-101, ~.. and any amendment shall be
consistent with the purpose of this Conservation Easement, and shall not affect its
perpetual duration. Any such amendment shall be recorded in the official records of
Pitkin County, Colorado.
1 L Grant in pet;petuity. This Conservation Easement shall be a burden upon and shall
run with the Conservation Property in perpetuity.
12, JiUndini Effect. This Conservation Easement shall rim with the title to the
Conservation Property and shall be binding upon, and inswe to the benefit of: (a) the
parties hereto and their respective heirs, personal :representatives, successors and
assigns and (b) the owners of any Adjacent Lands, their guests and invitees.
IN WITNESS WHEREOF the Grantors and the Grantee have executed this Conservation
Easement as of the day and year first above written.
PARKlRUST, LTD. d/b/a
The Aspen Valley Land Trust
~~~
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Richard Jeliuek, a/k/; chard C. Jelinek
iJ~ T4~:'d!.J.
Debbie P. JeuM
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WITNESS MY HAND AND~ SEAL.
My COI1JIIlission expires: ~ 'f?
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STATE OF COLORADO
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WITNESS MY HAND AND ~ SEAL.
My commission expires: t! ~
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WITNESS MY
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CONSERVATION EASEMENT
DESCRIPTION
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A Conservation Easement situate in Section 25, Township 8 South, Range 88
West of the 6th Principal Meridian, Pitkin County, Colorado, being more
particularly described as follows:
Beginning at the Northeast comer of Section 25 of said Township and Range,
thence S 000:27'17" W 4651.06 feet along the east line of said Section 25; thence
N 8~55'54" W 2628.11 feet along the south line of the N1I2 of the SI/2 of the
SEl/4 of said Section 25 to the west line of the SEl/4 of said Section 25; thence
N 00013'41 II E 2635.41 feet along the west line of the SE1I4 and the NE1I4 of
said Section 25; thence N 89044'00" E 500.02 feet; thence N 00013'41 II E
2000,07 feet to the north line of said Section 25; thence N 89044'00" E 2146.58
feet along the north line of Section 25 to the point of beginning, said parcel
contains 258.161 acres more or less.
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