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HomeMy WebLinkAboutpitco.ost.droste.consdeed.410437 t . ,1' .. . '391098 SILVIA . --- p \J \3 <J ~ \s' ~ t a '-...! ~ U ex -.} '''---' . . ,/ <0:--_. \( , 1- ~ "- , ......, '-' l; ('/ t (j"It v, );/ j V\ ! /L-~", ,,",' 03/22/96 04:16P PG 1 OF 24 DAVIS PITKIN COUNTY CLERK & RECORDER REC 0.00 DOC UCC DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT (the "Conservation Easement") is made and entered into this;etfay of March, 1996, by and between Peter C. Droste; Peter C. Droste as trustee of a trust for the benefit of Peter C. Droste, Jr. and Elise Droste; Bruce F. Droste; Bruce F. Droste as trustee of a trust for the benefit of Edward Droste and William Droste; Droste Properties, a Massachusetts General Partnership; Albert C. Droste; and Mary Elizabeth Droste (collectively, "Grantor"), and the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic ("Grantee"). RECITALS WHEREAS, Grantor is the record owner of that certain real property in Pitkin County, Colorado, which is more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference, and which is referred to herein as the "Droste Ranch"; and WHEREAS, the westernmost portion of the Droste Ranch contains a portion of a critical elk migration corridor, providing elk access across private lands to winter and summer ranges; and also contains open space, agricultural, scenic and ecological features and values important to the Grantor, the residents of Pitkin County, Colorado, and the people of the State of Colorado (the "Conservation Values"); and WHEREAS, preservation of critical wildlife habitat, open space and agricultural operations conforms with Policies 2-120 (Scenic Quality), 2-160 (Wildlife Management) and 2- 240 (Compatibility with Agricultural Lands and Operations) of the Pitkin County Land Use Code; and WHEREAS, preservation of these natural features and values will yield substantial public benefit; and WHEREAS, the westernmost portion of the Droste Ranch remains in a substantially undisturbed and natural state to be documented in an inventory of the land's Conservation Values to be prepared as soon as weather and conditions permit following the conveyance of this Deed, which inventory will be kept on file at the offices of the Grantee; and WHEREAS, Grantor desires and intends to preserve and maintain the wildlife habitat, open space character and scenic qualities and values within and upon the Droste Ranch by encumbering the westernmost portion of the same, as depicted on the attached topographical map of the western part of the Droste Ranch (Exhibit "B") (hereinafter referred to as the "Subject Tract"), with a conservation easement for the use and benefit of Grantee, pursuant to the provisions of Section 38-30.5-101, et seq., Colorado Revised Statutes, which provides for maintenance of these values by the continuation of land use patterns, including, without limitation, those relating to farming and passive recreational uses existing at the time of this grant which do not significantly impair or interfere with those values; and 111111I1111I11111111I111111I1111111I11111I1111111111111 410437 11/11/1997 11:57A EASE"ENT DAVIS SILVI 1 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO .. - It 391098 03/22/96 04:16P PG 2 OF 24 WHEREAS, Grantee is a governmental entity and IS a "qualified conservation organization II as defined by the Internal Revenue Code; and WHEREAS, Grantor, as owner of the Droste Ranch, owns the affirmative rights to identify, preserve and protect in perpetuity its open space character and its significant relatively natural features and values and further intends, as owner of the Droste Ranch, to convey to Grantee the right to preserve and protect the Conservation Values of the Subject Tract in perpetuity; and WHEREAS, by acceptance of this Conservation Easement, Grantee acknowledges its commitment to honor the intentions of Grantor as expressed herein to preserve and protect in perpetuity the Conservation Values of the Subject Tract, for the benefit of this and future generations; CONVEYANCE NOW, THEREFORE, for and in consideration of the facts recited above and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged, Grantor hereby grants and conveys to Grantee, and its assigns, a perpetual conservation easement in gross, pursuant to Section 38- 30.5-101, et seq., Colorado Revised Statutes (the "Conservation Easement"), over, across and upon the Subject Tract (the western portion of the Droste Ranch as shown on Exhibit "B"), subject to the terms and conditions hereinafter set forth. Grantee hereby acknowledges, accepts without reservation and agrees to be bound by the terms and conditions of this Conservation Easement. Notwithstanding the foregoing, however, Grantee acknowledges that certain limited circumstances may give rise to a termination of this Conservation Easement, as set forth in the Addendum to the Contract for Purchase and Sale of a Conservation Easement dated March 4, 1996, and recorded March 7, 1996, as Reception Number 390522 in the records of the Pitkin County Clerk & Recorder. 1. PurDose. It is the essential purpose of this Conservation Easement to preserve and protect, in perpetuity, the natural, ecological, wildlife habitat, scenic, open space, and aesthetic features and values of the Subject Tract. In furtherance of the foregoing objective, this Conservation Easement is intended to establish permitted uses of the Subject Tract which are consistent with the purpose ofthe Conservation Easement, and to restrict the level of development and human activity on the Subject Tract in perpetuity. 2. Grantee's Affirmative Ril!hts. To accomplish the purposes of this Conservation Easement, the following affirmative rights are hereby granted to Grantee: (A) To identify, preserve and protect in perpetuity, and in the event of their degradation or destruction other than through a breach of this Conservation Easement, to restore, at Grantee's sole option and expense, the natural, ecological, wildlife, open space and scenic features and values of the Subject Tract. 111111I1111111111111I111111I1111111I11111I1111111111111 410437 11/11/1997 11:57A EASE"ENT DAVIS SILVI 2 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 2 e It 391098 03/22/96 04:16P PG 3 OF 24 (B) To enter upon the Subject Tract, and other parts of the Droste Ranch as necessary, to exercise the rights herein granted and to enforce the terms hereof. Grantee shall provide at least 24 hours advance notice to either Bruce F. Droste or Peter C. Droste via telephone or telefax (as set forth in this document) prior to each visit to the Droste Ranch by Grantee. Grantee's activities hereunder shall not unreasonably interfere with the uses being made of the Droste Ranch, consistent with this Conservation Easement, at the time of such entry. The Grantee shall also have the right of immediate entry to the Subject Tract, if, in its sole judgment, such entry is necessary to prevent damage to or the destruction of the conservation values protected by this Conservation Easement. (C) To enjoin any activity on, or use of, the Subject Tract which is inconsistent with the terms of this Conservation Easement and to enforce and compel the restoration of such areas or features of the Subject Tract as may be damaged by such activities, as set forth in paragraph 18 of this document. (D) To recommend enhancement measures for the Subject Tract, or measures which would enhance the habitat, stream viability or other natural features of the Subject Tract, and to enter upon the property to perform such restoration at its own expense or that of the Grantor, should Grantor so choose, at Grantor's sole option, at times which will not unreasonably interfere with the uses being made of the Droste Ranch. 3. Easement Documentation. Competent naturalists familiar with the Droste Ranch will prepare, as soon as weather and conditions permit, a collection of baseline data on the Subject Tract and its resources (the "Baseline Documentation"). The Grantor hereby grants Grantee or Grantee's agent(s) access to the Subject Tract and that portion of the Droste Ranch necessary in order to prepare the Baseline Documentation. The data and explanatory text, photographs and maps to be assembled in the Baseline Documentation is agreed by the parties hereto to provide an accurate representation of the Subject Tract at the time of this grant, notwithstanding the fact that the Baseline Documentation will be prepared after the effective date of this grant, and the parties acknowledge that the Baseline Documentation will serve as an objective information baseline for monitoring compliance with the terms of this Conservation Easement. The parties agree that, in the event a controversy arises with respect to the nature and extent of the biological or physical condition of the Subject Tract, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other information to assist in the resolution of the controversy. 4. Consistent Uses. The following uses and practices, though not an exhaustive recital of consistent uses and practices, are consistent with this Conservation Easement when carried out in the Subject Tract, and these uses and practices shall in no way be precluded by this Conservation Easement, to wit: 1111111111111111111111111111111111111111111111111111111 410437 11/11/1997 11:57A EASE"ENT DAVIS SILVI 3 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 e e 391098 03/22/96 04:16P PG 4 OF 24 ~. (A) The construction, installation, use, maintenance, repair, improvement, reconstruction and replacement of an access driveway (generally in the location shown on the map attached hereto as Exhibit "C", which is the subject of an Agreement between Snowmass Land Partners and the Grantor dated April 26, 1994). (B) The installation, repair and maintenance of water wells, irrigation systems, ponds, and irrigation ditches. Ditches shall be maintained to prevent the release of fines into Brush Creek. (C) The taking of such reasonable steps as are necessary to control erosion to prevent sedimentation of Brush Creek. (D) The installation, repair and maintenance of fencing consistent in height and type of construction with Division of Wildlife standards designed to prevent interference with wildlife and, in particular, the migration corridor, except as prohibited by paragraph 5 of this Conservation Easement. (E) Such cutting and removal of dead, dying or diseased timber or brush as may be reasonably necessary for fire protection or disease prevention purposes. Except in emergency circumstances, Grantor shall obtain the prior consent of Grantee to any such activity, which consent will not be unreasonably withheld. (F) The pasturing, grazing, feeding and care of horses and cattle that do not comprise a commercial feedlot. (G) Passive, non-motorized (except as to the completion of the Grantor's current lease with Dennis Grieve or assigns, due to expire approximately four years from the date of this document, as provided herein), non-commercial (except as provided herein) uses, including hiking, horseback riding, hunting and cross- country skiing on existing roads and trails, by the Grantor, the Grantor's heirs, assigns and invitees, and including continuation of commercial uses which have historically been conducted on the Droste Ranch (i.e., horseback riding, hunting and cross-country skiing) all in accordance with standards developed by wildlife experts to assure non-interference with the elk migration corridor; and development of new trails for commercial or non-commercial use (subject to the prior written approval of the Grantee, such approval to be based upon a determination by Grantee that the location of any trail will not substantially diminish or impair the Conservation Values of the Subject Tract, or is otherwise consistent with this Conservation Easement, and such approval shall not be unreasonably withheld). (H) Continuation of historic commercial farming and ranching (including the occasional use of snowmobiles and the cultivation of alfalfa), including the use of 111111I111111111111111I1111I1111111I1111111111I11111111 410437 11/11/1997 11:57A EASE"ENT DAVIS SILVI 4 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 4 e . 391098 03/22/9& 04:16P PG 5 OF 24 pesticides so long as used in accordance with Colorado State University's Best Management Practices and in accordance with labels; and including plowing and reseeding in accordance with good farming practices; and taking the Subject Tract out of irrigation, so long as noxious weed control methods are instituted, native grasses and plants are used to revegetate the formerly irrigated fields, and other prudent practices adopted to prevent the deterioration of the land once irrigation is terminated. (I) Use of the Subject Tract to calculate mInImum lot area or for density purposes, pursuant to any development plans for other portions of the Droste Ranch; provided, however, this consistent use shall not expand nor create any greater ability to count the acreage of the Subject Tract than exists prior to the imposition of this Conservation Easement. (1) Perform any restoration or improvement measures for the habitat or natural features of the Subject Tract as recommended and/or approved by Grantee. 5. Prohibited Uses. The following uses and practices by Grantor, though not an exhaustive recital of inconsistent uses and practices, are inconsistent with the purposes of this Conservation Easement, and shall be prohibited: (A) The material change, disturbance, alteration or impairment of the natural, ecological, wildlife, open space or scenic features or values of the Subject Tract, except as otherwise permitted in this Conservation Easement. Such prohibition also applies to Brush Creek, and thus prevents any man-made changes in the stream course, except as may be reasonably required to protect irrigation structures and downstream properties from damage due to high water during spring run-off. If the stream changes course without manipulation, its natural process will be left in tact. Grantor may request approval of other forms of manipulation, and if Grantee determines that any such manipulation of Brush Creek will not substantially diminish or impair the Conservation Values of the Subject Tract, or is otherwise consistent with this Conservation Easement, Grantee's approval shall not be unreasonably withheld. (B) The Development of any Structures or roads on the Subject Tract (as such terms are defined in the current version of the Pitkin County Land Use Code, attached hereto as Exhibit "D"), except as permitted in this Conservation Easement. This prohibition shall continue even if the Subject Tract is annexed into a municipality which does not adopt the same definitions of "Development" and "Structure" as exists in the Pitkin County Land Use Code. (C) The removal, destruction, spraying or cutting of native vegetation or timber, including willows, except as permitted in this Conservation Easement. 11111111111I11111111111111111111111I11111I1111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 5 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 e . 391098 03/22/96 04:16P PG 6 OF 24 (D) The introduction of non-native plant or animal species to the Subject Tract, except as permitted in this Conservation Easement. (E) The construction of fences along driveways or roads located within and permitted by this Conservation Easement. (F) The exploration for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, or other materials (but not including water) on or below the surface of the Subject Tract. (G) The dumping or other disposal of refuse, garbage, or other unsightly or offensive material. Notwithstanding anything in this Conservation Easement to the contrary, this prohibition does not make the Grantee an owner of the Droste Ranch, including the Subject Tract, nor does it permit the Grantee to control the use of the Droste Ranch, including the Subject Tract, by the Grantor which may result in the storage, dumping or disposal of hazardous or toxic materials; provided, however, that the Grantee may bring an action to protect the Conservation Values of the Subject Tract, as described in this Conservation Easement. This prohibition does not impose liability on the Grantee, nor shall the Grantee be construed as having liability as a "responsible party" under CERCLA or similar federal or state statutes. (H) The commercial use of any motorized vehicles other than as allowed by the lease between Grantor and Dennis Grieve or assigns (due to expire approximately four years from the date of this grant), and as allowed on the road referred to above, and the occasional use of snowmobiles allowed in conjunction with commercial farming and ranching. No new commercial motorized uses shall be permitted upon the Subject Tract. (1) The operation of a commercial feed lot. 6. Grantee ADDroval of Unlisted but Consistent Uses and Practices: Notice. In the event Grantor wishes to engage in a use or practice on the Subject Tract which is not listed above as a "Consistent Use" or as a "Prohibited Use", Grantor shall send Grantee written notice of intention to commence or undertake such activity, which notice shall describe all material aspects of the proposed activity. Said notice (and any other notice required or permitted hereunder) shall be sent by registered or certified mail, return receipt requested, to the following address or to such other address as Grantor may from time to time be informed of in writing by Grantee: Pitkin County Board of County Commissioners and Pitkin County Attorney 530 East Main Street Aspen, Colorado 81611 111111I1111I1111111111I1111I1111111I11111I11111111I1111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 6 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 6 e . 391098 03/22/96 04:1&P PG 7 OF 24 Grantee shall have thirty (30) days from the receipt of such notice, as indicated by the registered or certified return receipt, to review the proposed activity and to notify Grantor of its objections thereto. Such objections, if any, shall be based upon Grantee's considered opinion that the proposed activity is inconsistent with this Conservation Easement. If at all possible, said notice shall inform Grantor of the manner in which the proposed activity can be modified to be consistent with this Conservation Easement. Grantee's response to Grantor's notice, and any other notice that may be required or permitted of Grantee hereunder, shall be sent by registered or certified mail, return receipt requested, to Grantor at the following address, or to such other address as Grantee from time to time may be informed of in writing by Grantor: Bruce F. Droste 16 Franklin Street Watertown, Massachusetts 02172 Should Grantee fail to post its response to Grantor's notice within thirty (30) days of the posting of said notice, the proposed activity shall automatically be deemed consistent with the terms of this Conservation Easement, and Grantee shall have no further right to object to the activity identified by such notice. Grantor shall be under no liability or obligation for any failure in the giving of notice as required above with regard to any activity undertaken by Grantor necessitated by virtue of fire, flood, act of God, or other element or cause beyond the control of Grantor. In the event Grantor and Grantee disagree as to whether a particular use or practice is a "Consistent Use" or a "Prohibited Use", as defined herein, or if Grantor disagrees with a determination by Grantee that a proposed activity is inconsistent with this Conservation Easement, either Grantor or Grantee may submit the dispute to such form of mediation, arbitration, or conflict resolution as may be mutually acceptable to Grantor and Grantee. In the event of arbitration, the parties agree that the decision of the arbitrator( s) shall be final and binding upon the parties, and that the non-prevailing party shall bear the cost of the conflict resolution procedure. However, each party shall pay its own attorney's fees, if any, regardless of outcome. 7. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Subject Tract, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep the Subject Tract free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 8. Taxes and Assessments. Grantor understands that nothing in this Conservation Easement relieves Grantor of any obligation or restriction imposed by law with respect to the Droste Ranch and the Subject Tract, including the obligation to pay such real estate taxes as may be assessed from time to time on the Droste Ranch or on this Conservation Easement. Grantor 111111I1111I1111111111I111111111111I11111I1111I11111111 7 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 7 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO e . 391098 03/22/9& 04:16P PG 8 OF 24 agrees to pay before delinquency any and all real property taxes, fees, assessments and charges of whatever description assessed or levied on the Subject Tract, including any tax or assessment on the Conservation Easement granted by this document, and does indemnify the Grantee therefore. Grantor shall furnish Grantee with satisfactory evidence of payment, upon request. Should Grantor, Grantor's heirs, successors or assigns, fail to pay any such real property taxes, charges, fees or assessments on the Subject Tract, Grantee may, at its sole discretion and without obligation, pay such taxes, fees, charges or assessments in accordance with any bill, statement or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to Grantee at the rate of two (2) percentage points over the prime rate of interest from time to time charged by Norwest Bank of Denver or the maximum rate allowed by law. 9. Water Ril!hts. Grantor shall retain and reserve the right to use water rights sufficient to maintain and improve the Conservation Values of the Subject Tract, and shall not transfer, encumber, lease, sell or otherwise separate water rights sufficient to maintain and improve the Conservation Values of the Subject Tract from title to the Subject Tract itself, without the prior approval of Grantee, should Grantee determine that any such transfer will not substantially diminish or impair the Conservation Values of the Subject Tract, or is otherwise consistent with this Conservation Easement, and such approval shall not be unreasonably withheld. 10. Public Access. With the exception of the entry rights granted to Grantee in this Conservation Easement, nothing contained in this document shall be construed as affording the public access to any portion of the Droste Ranch. Grantor retains the right to control access to the Droste Ranch, including the Subject Tract, and shall have the right to enforce any prohibition of public access by all lawful means. 11. Residual Estate. As expressly provided in Section 38-30.5-105 of the Colorado Revised Statutes, all interests and rights of ownership not transferred and conveyed to Grantee by this Conservation Easement shall remain in Grantor, including the right to engage in all uses of the Droste Ranch and the Subject Tract which are not inconsistent with the Conservation Easement or prohibited by the Conservation Easement or by law. 12. Subsequent Sale. Exchanl!e. Condemnation or Involuntary Conversion. Grantor and Grantee agree that the granting of this Easement immediately vests the Grantee with a property right, and the fair market value of this property right as compared to the fair market value of the entire Droste Ranch is equivalent to the percentage ratio the Subject Tract reflects as compared to the entire Droste Ranch (comprising approximately 970 acres). The survey to be provided by Grantor to Grantee pursuant to the terms of the Contract for the Purchase and Sale of a Conservation Easement dated March 4, 1996 executed by the parties, will determine the precise acreage of the Subject Tract, at which time this Conservation Easement shall be amended or re-recorded to identify the acreage of the Subject Tract. For example, if the acreage of the Subject Tract is 10% of the acreage of the entire Droste Ranch, the fair market value of the Subject Tract shall be 10% of the fair market value of the entire Droste Ranch. . Grantor and 111111111111111111111111111I1111111I11111I1111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 8 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO '3 e . 391098 03/22/9& 04:1&P PG 9 OF 24 Grantee further agree that the ratio of the Easement's value to the value of the Droste Ranch shall remain constant, so that should this Conservation Easement be extinguished by a change in conditions, or for any other reason, the Grantee shall be entitled to a portion of the proceeds from any subsequent sale, exchange or involuntary conversion; provided, however, if Grantee's actions are the cause of the extinguishment, the provisions of this paragraph shall not apply. The Grantee may be compensated for the value of this property right only in the event of a change in conditions resulting in the extinguishment of the Conservation Easement (as provided in Treas. Reg. Section 1.170A-14(g)(6)(i)). Grantee shall apply its share of the proceeds in a manner consistent with: 1) the provisions of Section 2.4 of that certain Settlement Agreement dated April 6, 1995 and recorded in Book 778 at Page 334 Reception No. 380443 of the records of the Pitkin County Clerk and Recorder's office (specifically, purchase of open space in Brush Creek Valley); and 2) the conservation purposes of the Conservation Easement or for the protection of a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem II as that phrase is used in the Internal Revenue Code. If the Conservation Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law in an amount as determined by the values established by this paragraph. 13. Subseauent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Subject Tract, including, without limitation, a leasehold interest. Grantor further agrees to give Grantee written notice of the transfer of any interest at least twenty (20) days prior to the date of such transfer, including the transferee's name, address and telephone number. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 14. Hold Harmless. Grantor shall hold harmless, indemnify and defend Grantee and its commissioners, volunteer citizen board members, employees and agents and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death or any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Subject Tract, regardless of cause, unless due solely or in part to the negligence of any of the Indemnified Parties; (2) the presence or release of hazardous or toxic substances on, under or about the Subject Tract, unless such release was caused by an Indemnified Party. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is regulated under any federal, state or local law. 15. Amendment. The fact that any use of the Subject Tract that is expressly prohibited by this Conservation Easement, or any other use as determined to be inconsistent with the purpose of this Easement may become greatly more economically valuable than consistent uses allowed by this Conservation Easement, or that neighboring properties may in the future be put entirely to uses that are not permitted hereunder, has been considered by the Grantor in granting this Conservation Easement. It is Grantor's belief that any such changes will increase the benefit 111111I1111I111111 1111I111111111111111111I111111111 1111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 9 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO I 9 . . 391098 03/22/96 04:16P PG 10 OF 24 to the public of the continuation of this Conservation Easement, and it is the intent of both Grantor and Grantee that any such changes should not be assumed to be circumstances justifying the termination, extinguishment or automatic amendment of this Conservation Easement. In addition, the inability to carryon any or all of the Consistent Uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination, extinguishment or automatic amendment. Notwithstanding the foregoing, however, Grantor and Grantee recognize that circumstances may arise under which an amendment to or modification of this Conservation Easement would be appropriate. Accordingly, Grantor and Grantee may jointly amend this Conservation Easement, provided that no amendment shall be allowed that will affect the qualification of this Conservation Easement under Section 38-30.5-101, et seq., Colorado Revised Statutes, nor its qualification as a conservation easement for purposes of the Internal Revenue Code, and any amendment shall be consistent with the conservation purposes of this Conservation Easement, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Pitkin County, Colorado. 16. Extinl!uishment. If circumstances arise in the future that render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether with respect to all or part of the Subject Tract, by judicial proceeding in a court of competent jurisdiction. 17. Enforcement and Waiver. Enforcement of the terms and prOVISIOns of this Conservation Easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor shall not be deemed or construed to be a waiver of Grantee's rights hereunder in the event of any subsequent breach. Grantor hereby waives any defense of laches, estoppel or prescription. 18. Enforcement of Ril!hts. (A) In the event of a violation by Grantor or a third party of any term, condition, covenant, or restriction contained in this Conservation Easement, Grantee shall give the Grantor written notice of such violation, describing the violation and making demand that the violation cease and be remedied. If, after ten (10) days following receipt of such notice (as indicated by the registered or certified mail return receipt), the violation has not been corrected or the prohibited use terminated, and any damage to the Subject Tract remedied and the Subject Tract restored, or steps taken to ensure the swift restoration of the property; or, alternatively, if a written explanation to Grantee of the reason why the alleged violation should be permitted is not delivered to Grantee within such ten (10) day period, the Grantee may enjoin by temporary or permanent injunction such violation and/or institute a suit for damages for breach of covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants, and purposes of this Conservation Easement; provided, however, that any failure to so act by the Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any 111111I1111I111111111I1111111111111I11111I1111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 10 0' 2! R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO .0 e ~ 391098 03/22/96 04:1&P PG 11 OF 24 term, condition, covenant, or purpose of this Conservation Easement in the future. Should the breach of this Conservation Easement be an impermissible conveyance of water rights in violation of paragraph 9 above, such conveyance shall constitute a fraudulent land transaction and shall be grounds for the Grantee to void the transfer or sale. (B) Grantor further intends that should any Prohibited Use be undertaken on the Subject Tract, the Grantee shall have the right to cause the restoration of that portion of the Subject Tract affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of such restoration shall be borne by Grantor, Grantor's successors or assigns. Nothing contained herein shall be construed to preclude Grantor from exhausting legal remedies in determining whether the proposed activity to which the Grantee has objected is consistent with this Conservation Easement. (C) Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees (even in the event that the Grantee secures redress without a completed judicial proceeding), and any costs of restoration necessitated by violation of the terms of this Conservation Easement, shall be repaid immediately to Grantee by Grantor. If Grantor prevails in any action to enforce the terms of this Conservation Easement, the costs of suit, including, without limitation, reasonable attorneys' fees of Grantor, shall be paid by Grantee. (D) Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Subject Tract resulting from causes beyond the control of Grantor, including, without limitation, fire, flood, storm, and earth movement, or from any prudent or good faith action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Subject Tract and/or the Droste Ranch resulting from such causes. (E) Notwithstanding any other provision hereof to the contrary, upon a transfer to a third party of Grantor's interest in the Subject Tract, Grantor' rights and obligations under this Conservation Easement shall automatically pass to said third party, and Grantor shall have no further rights or responsibilities hereunder, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 19. Termination of Conservation Easement. Notwithstanding anything in this document to the contrary, Grantee acknowledges that certain circumstances may give rise to a termination of this Conservation Easement, as set forth in the Addendum to the Contract for Purchase and Sale of a Conservation Easement dated March 4, 1996, and recorded March 7, 1996, as Reception Number 390522 in the records of the Pitkin County Clerk & Recorder. Such termination rights apply only in the instance that certain funds are not delivered to Grantee for purchase of this Conservation Easement and in the event that Grantee chooses not to appropriate the amount of these funds from other sources. The rights are also conditional upon Grantor's 11111111111I11111111I1111111111111111111111111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 11 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 11 e - 391098 03/22/96 04:16P PG 12 OF 24 reimbursement of funds already delivered for the purchase of this Conservation Easement. This Conservation Easement shall only be extinguished under these provisions by no later than April 16, 1997, and if not extinguished by such date, shall be of perpetual duration. 20. Assil!nment. Grantee may, without Grantor's consent, assign this Conservation Easement to any charitable organization exempt under Section 501(c) (3) of the Internal Revenue Code of 1954, as amended, which organization was created at least two (2) years prior to receipt by it of the Conservation Easement, provided that (a) in the judgment of 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 Grantor and Grantee as expressed in this Conservation Easement. 21. Bindinl! Effect: Rule Al!ainst Pervetuities: Severability. This Conservation Easement shall run with the title to the Subject Tract, a portion of the Droste Ranch, and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns in perpetuity. If any term or provision of this Conservation Easement would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation, such term or provision shall automatically expire and be of no further force or effect twenty (20) years following the death of the last to die of Bruce F. Droste, David 1. Myler, James R. True, and their now living children. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions hereof and the application of such provision to persons or circumstances other than those to which it is found to be invalid, shall not be affected thereby. 22. Joint Oblil!ation: Successors. The obligations imposed by this Conservation Easement upon the Grantor shall be joint and several. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the title to the Subject Tract. 23. Intervretation. The provisions of this Conservation Easement shall be liberally construed to effectuate their purpose of preserving and protecting the Conservation Values of the Subject Tract. No remedy or election given by any provision in this Conservation Easement shall be deemed exclusive unless so indicated, but it shall, wherever possible, be cumulative with all other remedies at law or in equity. The parties acknowledge that each party and its counsel have reviewed and revised this Conservation Easement and that no rule of construction that ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Conservation Easement. In the event of any conflict between the provisions of this Conservation Easement and the provisions of any use and zoning restrictions of the State of Colorado, Pitkin County or any other governmental entity with jurisdiction, the more restrictive provisions shall apply. This Easement shall be interpreted in accordance with the laws of the State of Colorado. (Execution Pages Follow) 111111I1111I1111111111111111111111111111111111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 12 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 12 - - 391098 03/22/96 04:1&P PG 13 OF 24 EXECUTION PAGE IN WITNESS WHEREOF. Grantor and Grantee have executed this Conservation Easement as of the day and year first above written. ATTEST: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO //)j ,.- / I 4l/~4~d, U)~ Jeanette Jones jl D,eputy Clerk and Recorder /) ("- -=- By: y--" J:> ~ ~ / James R. True. Chairman DATE: :~;.J,/ ) 'J{. APPROVED AS TO FORNI: uzanne Konch County Manager ~-> John El .. Co Attorney APPROVED AS TO CONTENT: ~ 53 ~-?t // {~A' /' ~~.r Chairperson Open Space and Trails Board of Trustees RECOMMENDED FOR APPRO V AL: J e Ellen Hamilton. Chief Executive Officer pen Space and Trails U(~~7'f~~ff!~f9WII "III' 111111111111I1111111111111 13 0' 25 R 0.00 D ~10i7: EASEftENT DAVIS SILVI . 0.00 PITKIN COUNTY CO 13 e - 91098 03/22/96 04:16P PG 14 OF 24 GRANTOR(S): 7M .lYL/ Peter C. Droste (Telephone: 617/431-3223; Telefax: 617/235-0372) STATE OF 1I000iw.. ) ) ss. '....q>W18~.q.~ ~ "J' - ') .., If-~, :~ / 11 1-d'he. dl1[egoing instrument was acknowledged before me this JI Jf day of .,;. ~. .~. ~ ,19 q(, by Pet~r C. Droste. 'l \. f'" WltI1~~:my hand and offiCIal seal. .":"'( l- ""0~Y~cb. ~nimission expires: .:1: 'J; (, k \ )"v ~.. ~"< t:l 1. '- ;;;o~. ~ ." ~l...' . ~ ...... ~ Notary Public ~ -=rB /=- Peter c.' Droste, Trustee '. POIt, . STA:T-~ M6viri!l[ ) .... q. ..... ) ss. ...." t:(j~qF Mt.5Jo.,J..dLL' -1'0 A. .~ ~ " .....v ./'. ! if: ;, , t..2.. ~~~"foregoing instrument was acknowledged before me this ;)/J.I- day of : S ,,' ~~.:... ~ , 19 &1(, by Peter C. Droste, as trustee of a trust for the benefit of Peter C. \~~/)o tr~st~ .Ji.'~ Elise Droste, under written trust instrument dated December 25, 1991. \.~~~ o~~ \~~ess m~ ~and an~ o~ficial seal. j ",,,,,,,~,,:.My commISSIOn expIres. R1':!::t,1# J~ rV~~WyPubli' Bruce F. Droste (Telephone: 617/924-2660; Telefax: 617/926-3371) STATE OF f'aloRfldo ) ) ss. COUNTY OF Pl-ItlrJ ) The foregoing instrument was acknowledged /ll~fJ('f.. , 19~ by Bruce F. Droste. Witness my hand and official s al. . r"tviy commission expires: (9 '191 1\L-":!.~~-:'1 .... 'jJ ,. "~' N tary P bl' '. . ", A r. \Of- %. 0 U I i .' \~ - \ Y,. =. . . : -.. ; before me this ,JOI^-. day of - . ~ '1".') U 0 L \ (.; G g '\...~~~.>......, >.,,/ ~ . , , " , . . 1\" 'If '.' HII ~, 14 111111I111111111111111I1111I1111111111111I11111111I1111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 14 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO e - 391098 03/22/96 ~4:16P PG 15 OF 24 c~~~ Bruce . Droste, rustee STATE OF ('oloR.1do ) ) ss. COUNTY OF f'I#,tJ ) ~he foregoing instrument was acknowledged before me this :;(}It day of Il1of11J.... , 19 % by Bruce F. Droste, as trustee of a trust for the benefit of Edward Droste and William Droste, under written trust instrument dated December 25, 1991. '.f,'II:"", .,. ....~ S f',4 "'" /~~\:-:''''',~::-::::Vitness m~ ~and an~ 0~fi~0l,~7.~~ -J::,,\ 0 T /, fi y\My:. commISSIOn expIres. ,Jill? ...... "' U C) L; c.: \.' , . (,,; . Cl ~ >...........~.~"c ./' -~~,.' oj po cc. \...... ,."." "/""fJln"..",I'\\ Droste Properties, a Massachusetts General Partnership ~/~~ reF. Drost , General artner STATE OF rolOR.Orl...O COUNTY OF fdkirJ ) ) ss. ) 111111I1111I11111111111111111111111I11111I1111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 15 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO . The foregoing instrument was acknowledged before me this dOl~ day of IIltJItdv , 19~ by Droste Properties, a Massachusetts General Partnership, by Bruce F. Droste, General Partner. _. Witness my hand and official seal. ....~'~c. S.,~',~~:~ <~y commission expires: /~/4/t1rr /:.' - ..::;' ~l'lIaiaY<<h - otary Public \:~">..: ."' L.:.~~';('/ ,'",.., <..... ....~. t~ \."... ,'" OF C0\.. " 15 " '1"II""ut""'\~\ 391098 e ~ 03/22/9 04:16P PG 16 OF 24 ~~~ Albert C. Droste STATE OF Y;:xa..s COUNTY OF~o/A y The /'JIj a..-r-U ) ) ss. ) foregoing instrument was acknowledged . 19~ by Albert C. Droste. before me this 2/..!: day of Witness my hand and official seal. My commission expires: ~/~ S/~~ ~V'H:~~~_ ~f~~~ : ~ .~. ~...~:.i~'" V1VADELL FATH!FI!t! ~ COf.f,IISSION EXPIRES April 25. 2000 ~dL %ertu~Q Notary Public t1~~\l't~ Urrns~ Mary lizabdth Droste STATE OF y;;-~ COUNTY OF~ ) ) ss. ) The foregoing instrument was acknowledged before me this US"- day of /fJt.2.J (j..1} . 19~ by Mary Elizabeth Droste. Witness mv hand and official seal. My commission expires: ~/,f:t6/,.;ttnrO / VIVAIIEU. FAl'HEREE /H(~EXIWS ApIIJ 26. 2000 c:',wp51 \work\contract\coneas2.drs d~~k~ Notary Public 111111I1111I111111 1111I1111I1111111I11111I11111I1111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 16 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 16 e e 03/22/96 04:16P PG 17 OF 24 " ;'.,..:... ".~: OJ ....:.l~....;...;:Ji:j:. ' --',~.""""I.:. ".._ 1; ,~-.j,:.':;~~_~)~ .!It....,:..:.:. .;.:._. ~~ ~f..}:.:.~J~.::..~~,~,:. :,~':". .:::,..~~_: -a:};:'2'r'-""I(..,~..':.......~.l".'.~:.~:J'. 4( 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl~ll!l~III 410437 11/11/019097D0 110:7= :A::ft~~~K~=vCOUNTY co 17 0' 25 R 0. . . " 66:5 78:! ;:XHIBI, .. :"EGAL ['Ese::.. rp~ :'~.~ ,:'7; ~"c:-~:! ~:" ~"nC1. ::,-"'r'~ ':':- l~~~. :~no i~ll~v:n~ J~~c:-:~~~ ~~~1 ~~:~t~ :7:n~ :"1<":\,"10 ::::-:"V~(ll."'.~ ,,-.,-...... :":-::'lm 01('lt":tao ~~r'U~.'1 :~.~~~. ~~i~~ ~~~~ =or~~on or ~~e SOlJ:ne:-l~ ~~ :~~ !:~unc~ Hign~av ~: ~e~te:-:~ ~lcn~ . .1 ~, t"''::~ ,",:" ...j t..!: :::1 i.:1 ~nf1 ;:-'~-=:':'t;n ,:r..,ng'~ '..,,:~: --'~ ."~;,,,= .,':..~ ? .... 1"':.~~:-:.=~-:: ,,~ ::il::.....3: J\.I'n.::: .;1 ~ ,Sf)IJt..h. gEe iNN! ~Ir; "t 3. :':01.:"lt -~.'n :he ~2','7,:. :-"'=~':. ::.--;Il-:::'. ..::" ".:-:F:- ~!(:,::-:':ll'";:~::~ _-:.~:-:-:~:- ;: :..:!.::::. ~;.;;,~ '): ~3:'~ : -:- .... ~'11 c::' :.s .~'"::1C~ :~'~_-"..."" :'3 t1~J1~~,,:~ 'jlj' ...;~~:. ~~Je.: :~~':.:.-: ':! =:::..:';: '.::-t~:;-:,,: '.;1"= }.,...,,;':. - (l":'-~lJ.'ir':.r::-;-:.:-:":~~ ::: "':-::'':'::::1 .::_~ ""): ~3 ;.."": 1~J:fr"'::''''::: ~,~. ',i,,:,~: '3";2.::' :'-~"=t ;~~':.3~~~~: ::0J.5 :~~: :0 3 ::-::..: :..~ ~? ~ ria "?n PrJ.:.;-::. ~., ~. :;,~ ~ :.., t., 1 20: r.h~nr:": thenr:~ :.....e He ~:.:-: ~ ~."': ~ ,":,:' <:'" .. , - ~ . -- -.... ..... w ~~~: :1 th~ N0r:~~~~t ~=l'n~r 0~ ~a.:.~ ~~:. ~0rl:':'l :.-:; :,",:~ Si')llt.';.'.l'~~":. ::--:'ril.~:- ")f .!:alC ~::::. , 0 ',,~~r"':~ :::-~=:. :') :."':~ ::';:;I::':;e~:::. :";rne!" ':l:- !:31C :,..-::. o' ~.h~nc"::' :i..:.;~.;: :') ",,1": ?'~':~T 'j? =~:JUHlrNr;. _nd All ..,f ~,:or::!::-1 ":n~ Sou~h~~~:. ~'n~-1'Jarte:- \oI~~t .?z' :....":' ,;t;; f. ". 1n<:t :;,,,: SD!J~h~~~:. -n~-qIJa~:~~ ~! :~e 28. T~~n~ni~ 9 S,;u~~. 23n~e 25 -::. ::~Ct.lcn ~na All of Li)t~ S~Ct.lon .::~. 2. ' 4.~. 7, ~. T~~n~hip ? S01Jth. ~. 10. 13. ~~. Ebnge as i;~~ ":. of 1..... 'nd :9 ~nd St..1. :::) :3 ~n ':..":.e All ~f L~t=:. J.' ~ ~nd ~. 3nd t~~ Nort~~a=t one-quart~r '_ ~h~ ,'I~rttl~"t c,n~-q".'rt.'r. :h~ S<JUth~.,:t. ,,".,-q'Mrt~r 'of :h~ N~rth~~~t an"-qu~rt~r. :h" S"u'h~.,~t. ~n"-Qu~rt.,r ~f the H~rt.h~.~t 0n~-q'J~~t~~. ~h~ j0Uth~~~~ ~n~-qu~rt~r 0t th~ Nor~hv~~~ ~~~_ Quart~r. :'h~ ~10rtn~a~t one-~uart~r of th~ Southve~t 0n~-quarte~. .nd t'le Hr,rth~,,~t ane-q'Mrt~r ~i the South.,a~t ~ne-quarter '" ::i"t:t.lon J2. T(l~n.!:nlp :J S(,)ll'th. Rang., 135 \.I~~'t or th~ 6th P. :-:. ~nd EXHIEIT A PAGE 1 OF 2 rZI3/07/96 09:401=1 PC; =) OF 17 ......~ 03/(17/96 09:48H PG of '-, OF 20 ~,;: e - . , . ,. ~. 03/22/96 04:16P PG 18 OF 24 ... -- . ~...- - "-" ':- ~ , .' . ,~.' <-:-' :....~.:~: .:.. __..~J.).. \..... ..l....... +........'_f' t; '~'~!~;i;'.';'~': ....~. .h'....._.__ '-'- __. '. ..--- "f'-'~' ---"'J"".." -. ~1.~.._;..:....~~,:.~., ...~...n.... ~/;..(~:~:..'..: .~~..:f;' .~~. .....:.<c.~.I... -..;...- ..;:..-:...~ .---....-...,...~ . ':'-'1;, :.:: ".1 .." 1":1 66:5 c~ 78~ , ...>.~ ....~ '~l All ot ~Ot~:.~. 5, Horth~~~t ~n~-Q'l~t.t~~ ~ort.hve~t. ('ne-<Ju-='rt~r '..~s t (1 'f ':: h~ ; t h f'. .. OJ 11 ~'\n(l 1: ot :::.e ~e=.t. one-h.31f of :::'C' ~n~ :h~ ~~r~n~~~~ ~ne-qu~r~er J: ~~e ::; ;.~~~t.':'on J.:J. 7oun~nlP i:f Sout.h. K~n-'l'~'S _,nd All"'): ~...r)~, --.r, ... .~",=,r::",~"n .J4. ;"')\.l'n~ni;l '2 .sout.,. t.h~ ., t..... 2. .... R~ng~ ~5 ~~~~.,f ,nd A parcel 0: l-3.na :~ln~ :=art .,: Lot ~out.h.. ~.1n~1'; oj:' ',.,'~~: ,?: :::~ -3:.'":. ~. ~.. d. ~ec~':'=n ~~ ioun~nl= 9 ~~~c=:~e~ ~~ :~llo~~: 3EG INN r ~lr. ~ to ~,.,t"~::"':~~ :. ~1~r~he3~~ ~~rn~r :'."':e ~: ~a:tJ. ....nenc~ .--:-~gt"~~~ ::5 ~: !,]:~ 3~~~:cn ~: ::"': ~:-~ ~j~ :"-::-: ::- '.,Ie.!.!. ":::7- :.=: ::~~~~; :."1~nr:~ ~:::IJ:.": '!~1:~",t"~~.! :]' :~.. =:.J.::~ .:+-~J :":'i:=': .,)il')n>1 :'.1~ ':3.':::-: _.:.::~ ...,: 0;"'1':\ :"~-'~' ~ ~-'.' '.~;": ~;-i..":!".::,=':':.:.r::n ....L':..:'I. ~ :~:':.r:~ 2...:.::~; ~h~nc~ ~I~~:.~ ~~ ~~gr~~.! 4~ '14" ~~.!~ :32. ~5 f~~~ alon~ !_!:.~ :~:':.r:~ ! in~ ~....) -'j (-'":r:r::-"': ':-;rn~:-: r,h~nr:~ tl(,t'"",~; 'J!) ~~gt""::4::'= pI7'~7" '::"'=t. >).::: :''':'~':. ~lon.;..'- .:~:-:c~ 2...:.;:~ t.o the tl0r:..'1 ~.:.:-:.~ fJr !.11d ~..::: tl: t.henc,~ 50IJt., ~:J .j~,Q'r-=~~ ..:~ '47" ::.3..:t. :,32.::;'; :e-et :0 ::.~ f<:HI7 0: BEG INri I ~IG. ;:XCEPT!~IG FRO~ TH;: A801'E: That. "arr:~l of l<1no c0nv"!'Y~d :0 John N. St~rn :':1 :':t.!:.r:.Jmei.t. t"~Corced O~c~mc~r _. 1974 Ln Book 295 ~~ P~ge 57. Th.3r. ,;.~rr:~l ()t L~nr1 In.:trum~nt r"::C?r~~d May ~onY~y~~ :'0 ?~~ktn ~~Ynty. ~01or~ao ... 4. ~~90 in' 9~ck 519 ~ t P~g~ .'359. That. p~r,,=~l'd land r:'-;,n'/~Y~1 t.., fi~kin COllnt-i". ':."lor"oo ~."l. in.st.rlJtrI~nt r~r:f)rr::!"!!(! ..i:ln~ 27. 1290 1:1 S..,ck 1524 at". fatl~ _. ALL IN p rTKW r;ljllNTY. r::)LC'RADO ;:xnIBrT A PAGE 2 OF 2 03/07/96 09:40R PG 10 OF '-7 03/07/95 09:48A PG 13 OF 221 ..--""-'IIr 1111111111111111111111I111111111111111111I1111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 18 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO '4J . . :.... r e EX:HIBIT "B oJ: .. IS oJ: 0: IS ('. ..... p~ rlj ..... oJ:) '1' tSI -I> ..... r:I' '1J '1J G) ..... o.f) c ~ II) -I> 390522 09':40A .PG 11 03/07/96 OF 17 S L'1 C"o " ~ ~-~ " - ;51 '-' , ('U ;' ..... ;:r; 1'') (\! <r c:: ,... 1'1 391098 e ~lI0~~71'lll/"~llill '~~~A I!U!I!!!~lll!!t~lls't~III 03/22/96 04: 16P PG 20 OF 24 20 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO / ~J. :~9:4 LO: 47AM .2!4-T3.fl-5~4'7 F:-31/** " _.~.. \ "-,. . ~..--"... ',\'.. ". 'i'"", ...._~,.. 1,',\': ." . ,.\\\..... .. ;::;., \ . ..' >; ",',;\' J . II :..'", \.. ,'f/" .' '; "\ \'1' ,'I" '," v'- '? DRos,e ,/ :'!) ~ /\.:.J 't' .J '.,iF,1 .f J ' .. I:J,/ :' <,\.}S\ ,... ~""~'\\ I,," l. '\. \ .' .. . I . . \ '. ~ \~,~i:~.~, .?\.., : . \- , .,..'~.. z..:: " - ~ ," " .' . . . \ \. \ " " .1.. ......f. / -- ..~:.\ ", .... . \. ' .... .' . '. --- ~'k_ '"--- ....... - --- ............ 4.-..-___ :== --- --- ~IIU IIC.~ PLAN - 1- ~ de . fij'iit \ . .~~~ - An. 8 EXHIBIT o . 111111I1111I11111111I11111111111111111111I1111111111111 410437 11/11/1997 11:S7A EASEftENT DAVIS SILVI 21 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO DAY CARE CENTER me3IlS a facility that provides regular supervision and care for periods of less than twenty-four (24) hours per day to six (6) or more childre:1 under the age of sixteen (16) years who are nor related to the owner or Operator thereor~ Which is lice.'1Sed. as required. by the Colorado Dep3mIlem of Social Services. s DA Y CARE HOME means a facility which provides regular supervision and care of fewer man six (6) children per day, and silall be ailowed as an accessory use. subject to the fonOWing: a. If the family day care home is developed in COn]Wlction with a residential use. it shail meet the requirements of a home occupation. s '- S '-. '- b. If the family day care home is developed in COn]Wlction with an l1lStirunon or business. it shail be iimlted. to use by the children of employees or guests of that Li"lSnrution or business and shall provide one -off-street parXing space. - ....., s .:0- DEBRIS-F.-\.'l FLOODPLAlN means a floodplain whicj is loc:ued at the mouth of 3. moWlUin valley :rlbutarY Stre:un as such stre:un enters the valley r1oor. s -" DE~!OLITION means the :ur of demolishing 3. SlT'JC::'::=. DENSITY means a me:lSuremem of land developmem imensuy derived from J. rano of land area in ,el:l!lon to dweiJing units or building r100r are:!... Demiry' is measured by dividing total land 3.I'e.3. by the number ...., of dweiJing Wllts or building r100r :Jre.3. to arnve :u a dwelling per land 3.I'e.3. r.:mo or square roor per land area ratio. DEVELOPER me3IlS any person or entity, including 3. goverrIInental agency. undertaking any development as detailed in this chapter. DEVELOPMENT means the c:mying OUt of any building activity, the making of any material change in the use or appearance of any structure or land. or the subdividing of land into two (2) or more parcels. a. For the purposes of these regulations. the following activities or uses shall be taken to involve .. development": l) A reconstrUction or alteration of the size or building footprint of a strUCture. 2) A change in the intensity of use of land. such as the establishment of. or an increase or decrease in. the number of dwelling units or floor area. 3) Commencement of drilling, mining, or excavation on a parcel of land. 4) Total demolition or partial demolition of a stnIctlJre. 5) OC3Iing of land., including clC3Iing or removal of vegetation. and including any signifiCant disturbance of vegetation or substnue (soil) manipulation. 6) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. 390523 03/07/96 09:48~ PG 15 OF 20 4m) ...... - 1111111111111111111111I1111I1111.1111I1111111 " 1111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 22 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 391098 03/22/96 04:16P PG 22 OF 24 Art. 8 b. Developmem includes all other activity customarily associated with it. When apPIU111iar.e to the context. "development" refers to the act of developing or to the result of the act of developmcm. Reference to any specific operation is not intended to mean that the operation or activity, when pan of other operations or activities, is not development. Reference to particular operations is not intended to limit the geneIality of this definition. DEVELOPMENT APPLICATION means any written request for approval and/or issuance of a development order. DEVELOPMENT PERMIT includes any building permit. Special Review approval. subdivision approval. approval of growth management allonnent. approval of a certificate of zoning compliance. or any other official action by any official. council. commission. or board of the COWlty having the effect of permitting development. DIAMETER BREAST HEIGHT (D.B.H.) means the diamerer in inches of a tree measured at four and one-half feet above the existing grade. DIRECTOR, PLANNING means the person primariiy responsible forpianrung and zoning adminisLr:.- don for the county, and includes persons designated by the Director. DOMESTIC WATER A.l'llD SEWAGE TREATMENT SYSTEM means a wasrewatertreattnemplant. Water treattnent plant. or water supply system as defined in Section 25-9-102. c.R.S.. 1973. and any system of pipes. SD1lctures. and facilities through which water supply is obtained. treated. and sold or distribured for human consumption or household use. DORMITORY UNIT means a StrUCWre or ponion thereof under single management that provides group sleeping accommodations for guestS or residents in one (1) or more rooms for compensation. Occupancy of a dOrmitory unit shall be limired to no more than eight (8) persons. Each unit shall provide a minimum of one hWldred fifty (150) square feet per person of net living area. including sleeping, bathroom. cooking and 10Wlge used in common. Standards for use and design of such facilities shall be established by the County's housing designee. DRAINAGE AND EROSION CONTROL STRUCTIJRES means all facilities necessary to control the direction. depth. velocity and volume of Water flow within a development. and to mitigate erosion and related water quality impacts resulting from development. DRAINAGE PROBLEM(s) means any unsatisfactory condition(s) that may affect or result from the natmal withdrawal of excess surface Water or groundwater from the tract or from the vicinity of the tract. Such conditions include. but are not limited to. low-lying areas not having adequate dIainage outlets. shallow groundwater tables. or storm water runoff originating from developed or undeveloped areas on or adjacent to the tract. DRY WASH CHANNEL and DRY WASH FLOODPLAIN means a small watershed with a very high percentage of runoff after torrential rainfall. 390522 03/07/96 09:40A PG 13 OF 17 .395 Art. 8 111111I1111I11111I111111I111111111111111111111111111- 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 23 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO SUBDIVISION or SUBDIVIDED LAND means: a. A tract or parcel of land which is divided into two (2) or more lots, tracts, sites, parcels, separate intereSts, interests in common, or other division, unless exempted pursuant to subsection (c) herein. Interest means any and all interest in the surface of land (including leasehold interest) but excluding any and all subsurface interests. Included (not by way of limitation) within the defInition of "subdivision" or "subdivided land" are: I) A parcel of land to be used for the construction (for lease or sale) of condominiums (commercial or residential), cooperatives, apartments, time sharing units, or multi-family units, whether or not constructed on a previously subdivided lot or parcel (unless such land, when previously subdivided, was accompanied by a fIling of an application for improvements [with substantially the same density] which complied with all provisions of the state subdivision law and County subdivision regulations and was approved thereunder). 2) A parcel of land to be used for the construction of a hotel. lodge, motel or dOlmitory. 3) A parcel of land to be used for a mobile home park without regard as to whether park spaces are to be leased or sold. 4) A parcel of land (not previously SUbdivided) to be used for the construction of two (2) or more commercial or industrial spaces for rent (without regard to the term of such leaseholds). 5) A parcel of land (with our without improvements) leased (for other than utility or roadway purposes) for a period (including renewal terms) of twenty (20) years or longer; provided. however, that no lands subject to such leaseholds created prior to the effective date hereof shall be deemed to have been subdivided merely be reason of such leasehold interest. 6) The conversion of residential units into units capable of separate ownership by condominiumization or creation of a Cooperative, time-share interests, fractional fee, or similar device. b. No subdivision of land shall be deemed to have occurred merely by reason of the establishment of a public right-of-way (for access or utility purposes) across such land without regard as to whether such right-of-way was acquired by dedication or established by prescription. c. In the event that two or more contiguous parcels of land, previously separately conveyed (or described), shall come under single ownership, the division of such land into two (2) or more lots, tracts, sites, parcels, separate interests, interests in common, or other division, even if divided along the line of a previously described or conveyed parcel, shall constitute a subdivision of land. Nothing herein shall be deemed to apply to a lot shown on any recorded SUbdivision plat., unless such subdivision plat shall not have received those approvals required by state or local law. d. Unless the method of disposition is adopted for the purposes of evading this definition. the terms "SUbdivision" and "subdivided land" as defined in subsection (a) shall not apply to any division of land: 391098 03/22/96 04:16P PG 23 OF 24 (419S) 414 e . Art 8 e 1) Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the Board of County Commissioners of the county in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceedings for the purpose of raising the issue of evasion of the county's subdivision regulations prior to the entry of the court order and if the Board does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court; 2) Which is created by a lien, mortgage, deed of trust, or any other security instrument; 3) Which is created by a security or unit of interest in any investtnent trust regulated under the laws of this State or any other interest in any investtnent entity; 4) Which creates cemetery lots; 5) Which creates an interest or interest in oil, gas, minerals, or water which is severed from the surface ownership of real property; or 6) Which is created by the acquisition of an interest in land in the name of the husband and wife or other persons in joint tenancy, or as tenants in common. and any such interest shall be deemed for the purpose of this definition as only one interest 7) Which creates parcels of land. each of which comprises thirty-five (35) or more acres of land and none of which is intended for use by multiple owners. e SUBSTANDARD SIZE LOT means any lot or parcel, no matter what the size, which is held in separate ownership and which does not meet the minimum requirements for lot width or area as set forth in this Code. when a building pennit is sought TEMPORARY USES includes uses that are required in the construction phase of development, or which is uniquely seasonal in nature. TIME SHARE means "intelVal estate," "time share estate," "timespan estate", and also includes those other tenns as defined in C.R.S. Section 38-33-110, 1973, as such may be amended from time to time. TIME SHARE DISCLOSURE STATEMENT means a written, swom statement described as required by the timesharing regulations of this Code. TIME SHARE OFF-SEASON means the time between the date of the closing of Aspen Mountain ski lifts and June 15 of any year and also the time between September 15 to the date of the opening of Aspen Mountain ski lifts in any year. TIME SHARE ON-SEASON means any time of the year not included in the off-season. TIME SHARE PROJECT means all real property subject to the timesharing project instruments, or in which a time share interest is created. e 111111I1111I111111 1111I111111111111111111I1111111 II 1111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 24 0' 25 R 0.00 D 0.00 N 0.00 PITkIN COUNTY CO 415 391098 03/22/96 04:1&P PG 24 OF 24 -:.~_~..9',._.~,,<.-~~. . ~.. . - ~ 111111111111111111111I111111111111111111111111111111111 410437 11/11/1997 11:57A EASEftENT DAVIS SILVI 25 0' 25 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO I t) 1 ~ ;s_ f t) a fl'E ~ lQ 1rw ~ ..... ., j~~S ~~ ~ ~~= - II ~O~~! ~. ~;o~Jt ~I~I~~~ jJj~ ~~~~~~ ~ · 1 ..l;lJ! J l! ~".. f ~ 18 . ~~~. ~~ - ~ ~~~~~. u~ iO~~~~~.~i~i ~~9~~~~1 il ~I~;~ ~~~~~ ~. ~ . lJ ~~~~~~~~J~J~_~a~aJ . :i ..... ~"'::~N' C'\j'W' "'--. ~~ ~~~;~~~~~~~~~~~~:~~ ~t ~!l~j~~~""""!~ ~J~~~"~ ~i ~ 8 '" l.u' · " . ,& .... 11). · - ~ C't ~.o:: ~ Q!~~~i~~~~~~.~~~ ~t8~1 .... ~.1 ~....t\t~.... '._ ~C't ~~ Ill~ ~J~~~5~~;. 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