HomeMy WebLinkAbout1.19 - DOCE Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment June 2015
Exhibit 18 | Deed of Conservation Easement
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Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlberico
1 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
NOTICE TO TITLE COMPANY: This Deed of Conservation Easement in gross requires a
One-Hundred Dollar ($100.00) fee be paid to Aspen Valley Land Trust or its successor
organization by purchaser, transferee or recipient upon purchase of this Property or any portion
of this Property or any lot located on this Property, pursuant to Section 15 herein.
FOURTH AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
RIVENDELL RANCH -GARFIELD COUNTY
THIS CONSERVATION EASEMENT IN GROSS ("Easement") is granted bk this FOURTH
AMENDED AND RESTATED DEED ("Easement Deed") this I ~day of Qc be( 2008, by
THE BERKELEY FAMILY LLLP a/k/a THE BERKELEY FAMILY LIMITED
PARTNERSHIP ("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a
Colorado nonprofit corporation having offices at 320 Main Street, Suite 204, Carbondale,
Colorado 81623 (the "Trust")( collectively, the "Parties").
The following exhibits are attached hereto:
Exhibit A: Property Legal Descriptions,
Exhibit B: Survey of Fifth Donation Parcel,
Exhibit C: Survey of Property,
Exhibit D: Map of Agricultural Use Boundaries,
Exhibit E: Water Rights;
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of approximately 143.08 acres of
real property in the Spring Valley area southeast of Glenwood Springs, Garfield County, State of
Colorado, more particularly described in Exhibit A, together with certain Water Rights
described in Exhibit E, attached hereto and made a part hereof (the "Property"). The term
"Property" shall hereinafter be defined as the land and water rights combined, and the
term "Water Rights" shall refer to the water rights alone and include all of Grantor's water
rights, title and interest described in Exhibit E attached hereto and incorporated herein by
reference;
Return to: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
970-963-8440
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Reception#: 756747
10/03/2008 09:43:18 AM Jean Alberico
2 of 32 Rec Fee:$161 .00 Doc Fee:D.00 GARFIELD COUNTY CO
WHEREAS, Grantor donated a conservation easement in gross to the Trust by grant of
that certain Deed of Conservation Easement in Gross ("Original Easement Deed") recorded by
the Garfield County Clerk and Recorder on December 22, 2004 as Reception No. 665794 over
and across all of the fee simple interest in approximately 40.758 acres of the Property described
in Exhibit A and shown on Exhibit C attached hereto and made a part hereof ("First Donation
Parcel"), together with certain water rights associated with or appurtenant to the First Donation
Parcel;
WHEREAS, Grantor donated a second conservation easement in gross to the Trust by
First Amended and Restated Deed of Conservation Easement recorded by the Garfield County
Clerk and Recorder on October 24, 2005 as Reception No. 684872 to grant and encumber an
additional 30.87 acres of real property adjacent to the First Donation Parcel, as described in
Exhibit A and shown on Exhibit C attached hereto and made a part hereof ("Second Donation
Parcel"); together with certain water rights associated with or appurtenant to the Second
Donation Parcel;
WHEREAS, Grantor donated a third conservation easement in gross to the Trust by
Second Amended and Restated Deed of Conservation Easement recorded by the Garfield County
Clerk and Recorder on November 2, 2006 as Reception No. 710348 to grant and encumber an
additional 23.116 acres ofreal property adjacent to the Second Donation Parcel, as described in
Exhibit A and shown on Exhibit C attached hereto and made a part hereof ("Third Donation
Parcel"); together with certain water rights associated with or appurtenant to the Third Donation
Parcel;
WHEREAS, Grantor donated a fourth conservation easement in gross to the Trust by
Third Amended and Restated Deed of Conservation Easement recorded by the Garfield County
Clerk and Recorder on July 24, 2007 as Reception No. 728890 to grant and encumber an
additional 22.416 acres of real property adjacent to the Third Donation Parcel, as described in
Exhibit A and shown on Exhibit C attached hereto and made a part hereof ("Fourth Donation
Parcel"; together with Water Rights associated with or appurtenant to the Fourth Donation
Parcel;
WHEREAS, Grantor now intends to donate another conservation easement to the Trust
by amending and restating the Easement Deed to grant and encumber an additional 25.921 acres
of real property Grantor owns adjacent to the Fourth Donation Parcel, and described in Exhibit
A and shown on Exhibits B and C attached hereto and made a part hereof ("Fifth Donation
Parcel"), together with Water Rights associated with or appurtenant to the Property as described
in Exhibit E, herein;
WHEREAS, Grantor and the Trust intend this Easement and Easement Deed to encumber
the Property comprised of the First, Second, Third, Fourth and Fifth Donation Parcels and to
amend and restate the Original Easement Deed such that all of its tenns and conditions shall
apply to the First, Second, Third, Fourth, and Fifth Donation Parcel conservation easements (to
be referred to collectively as "Easement"), and upon its execution and recordation, this Easement
Deed shall supersede and replace any prior Easement Deed in its entirety, which will have no
further force or effect;
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Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlberico
3 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
WHEREAS, the Property possesses natural, scenic, open space (including agricultural),
and wetland and wildlife values (collectively, "Conservation Values") of importance to the Trust,
the people of Garfield County, and the people of the State of Colorado that are worthy of
preservation;
WHEREAS, in particular, the Property consists of irrigated agricultural land, sagebrush
shrublands, ponds and wetlands in an otherwise semi-arid upland zone. The wetlands provide
important wildlife habitat for numerous species of birds, waterfowl, and small mammals. The
Property contains a community of sagebrush, a threatened habitat type important to big game as
well as small animals and bird species. According to Section 170(h)(4)(A) of the Internal
Revenue Code and Section 1.1 70A-14( d) of the Treasury Regulations, a qualified conservation
contribution may be donated for the protection of one or more of several defined conservation
values;
WHEREAS, the Conservation Values of the Property include Relatively Natural Habitat
of Wildlife and Plants and Open Space (including agricultural land) as further described below:
• Relatively Natural Habitat[§ l.170A-14(d)(3)]. The Property contains wetlands, riparian
areas, and several other important habitat types that provide food, shelter, breeding
ground, and migration corridors for several wildlife species, including elk, mule deer,
black bear, and bald eagles. The wetland and riparian areas are especially important to
many bird species, including the Canada Geese, Killdeer, Redwing blackbirds, and
Mallard, America Wigeon, Cinnamon Teal, and Ring Neck ducks.
• Open Space[§ l.170A-14(d)(4)]. The Property qualifies as open space because it will be
preserved for the scenic enjoyment of the general public and pursuant to a clearly
delineated federal, state or local governmental conservation policy and will yield a
significant public benefit.
o Scenic Enjoyment. The Property adds to the scenic character of the local rural
landscape in which it lies, contains a harmonious variety of shapes and textures,
and provides a degree of openness, contrast and variety to the overall landscape.
A large portion of the Property is visually accessible to the general public from
County Roads 114 and 119, which are open to and actively used by residents of
Garfield County and the State of Colorado. In particular, the Property contains a
scenic stream channel, ponds and wetlands, as well as the verdant irrigated fields
of the sod farm and a sagebrush-dominated hillside, and provides spectacular
views of Mt. Sopris. The terms of the Easement do not permit a degree of
intrusion or future development that would interfere with the essential scenic
quality of the land.
o Agriculture. A portion of the Property is currently used for agricultural purposes
as an active sod farm. This use is compatible with other land use in the vicinity,
as adjacent properties are also used for agricultural production.
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o Governmental Policies. Conservation of the Property is promoted by the
following local, state, and federal governmental policies, and the laws and
regulations of the State of Colorado and the United States support conservation of
the Property relative to its scenic, wildlife habitat, agricultural heritage, and
natural area values:
• Local Policies:
Gar.field County Comprehensive Plan of 2000, which states:
Garfield County includes a multitude of sensitive ecosystems, including riparian and wetlands
resources, wildlife habitat and important visual corridors.
Section 8.0 Open Space and Recreation: The rural character of Gmfzeld County,
particularly the unincorporated portions, is defined in a large extent by the presence of large
parcels of open space. County residents value the rural and open space qua] ities enhanced by
ranch lands and expressed strongly a desire to preserve it to the greatest extent possible. The
transition of agricultural lands to more urban uses, particularly in the eastern portion of the
County and the Roaring F ark Valley floor, has forced the retainment of open space uses to the
forefront of issues currently facing the County.
Section 8.4 Traditional Open Space Approaches: Visual corridors are defined as open
spaces, particularly located along frequently traveled vehicular or pedestrian paths that
contain natural features of sufficient aesthetic quality to warrant their preservation or
protection .... The primary areas within the County that could be classified as visual con·idors
include the hillsides that comprise important visual resources to both residents and visitors to
the area.
Section 8.5 Conclusions: The rural nature of Garfield County is defined by important visual
corridors and land that has historically been in agricultural uses. Assuming existing
development levels and current regulatory approaches, agricultural land and other important
open spaces in the County will continue to disappear. These impacts are associated with the
cumulative impacts of projects on dwindling open space resources.
• Statewide Policies:
The State of Colorado has recognized the importance of private efforts toward
the preservation of natural systems in the State by the enactment of C.R.S.
§§38-30.5-101 et seq. C.R.S. § 33-1-101, provides in relevant part that "it is
the policy of the state of Colorado that the wildlife and their environment are
to be protected, preserved, enhanced, and managed for the use, benefit, and
enjoyment of the people of this state and its visitors." C.R.S. § 38-30.5-102
provides for the creation of conservation easements to maintain land "in a
natural, scenic, or open condition, or for wildlife habitat, or for agricultural,
horticultural, wetlands, recreational, forest or other use or condition consistent
with the protection of open land ... "
The Colorado Department of Agriculture Statutes, C.R.S. §§ 35-1-101, et seq.,
provide in part that "it is the declared policy of the State of Colorado to
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conserve, protect, and encourage the development and improvement of its
agricultural land for the production of food and other agricultural products."
Conservation of the Property is further promoted by the Colorado Division of
Wildlife's (CDOW) Wildlife Conservation Section Briefing Paper, dated
March 3, 2005, ''Needs for Habitat Protection of Colorado's Sagebrush
Communities," which states:
Sagebrush communities are among the most important wildlife habitats in
North America.... In Colorado, no fewer than 12 species of importance are
linked to the sagebrush communities as a key component of their habitat.
Concern has been raised regarding the influence of deteriorating sagebrush
communities on pronghorn and mule deer, and the relationship between elk
and mule deer in sagebrush communities. . . . Clearly, given the species, and
the number and diversity of species, whose well-being is so closely tied to
sagebrush communities, protecting and managing these habitats will go far in
meeting 2 of the Wildlife Commission's top priorities from its Strategic Plan
(2002): "Protect high priority deer and elk habitat" (H 1.3), and "Habitat to
support broadest sustainable wildlife populations" (SI.I). The Division has
long demonstrated its interest in sagebrush habitats, with numerous projects
initiated for various objectives ....
• Federal Policies:
Federal legislation supports conservation of the Property as well, through the
Farmlands Protection Policy Act and 2008 Farm Bill and extensions therein of
benefits originally provided by the 2006 Pension Protection Act. The
Farmlands Protection Policy Act, P.L. 97-98, 7 U.S.C. §§4021, et seq., the
purpose of which is "to minimize the extent to which federal programs and
policies contribute to the unnecessary and irreversible conversion of farmland
to nonagricultural uses, and to assure that federal programs are administered
in a manner that, to the extent practicable, will be compatible with state, units
of local government, and private programs and policies to protect farmland",
supports the Property's protection. Section 170(b)(l)(E)(iv) of the Internal
Revenue Code as amended by the 2006 Pension Protection Act and extended
by the 2008 Farm Bill creates a greater incentive in the form of an increased
tax deduction and carry forward period for landowners conserving their
properties through the use of perpetual conservation easements, with even
greater tax benefits available to agricultural landowners provided that the
conserved property remains available for either agricultural or livestock
production, or both.
o Significant Public Benefit. The Property is located in a rural, agricultural,
mountainous area of Garfield County, where there is a foreseeable trend of
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Reception#: 756747 .
10/03/2008 09·43·18 RM Jean Rlber1co
6 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
intense development in the vicinity of the Property in the near future. The City of
Glenwood Springs lies just 7 miles northwest of the Property, and the Town of
Carbondale lies 6 miles to the south. There is a strong likelihood that development
of the Property would contribute to degradation of the scenic and natural character
of the area. Preservation of the Property will continue to provide an opportunity
for the general public to appreciate its scenic values, as described above.
These Conservation Values are of great importance to Grantor, the Trust, the residents of
Garfield County, and the State of Colorado.
WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to
preserve and protect the Conservation Values of the Property in perpetuity and the Trust agrees
by accepting this grant to honor the intentions of Grantor stated herein and to preserve and
protect in perpetuity the Conservation Values of the Property for the benefit of this generation
and the generations to come;
WHEREAS, the Trust is a charitable organization as described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code") and is a publicly-supported
organization as described in Section 170(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 and Colorado River Valleys, including the area in which the Property is
located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified
organization" to do so within the meaning of Section 170(h)(3) of the Code;
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. Grantor hereby voluntarily and irrevocably grants and conveys to the Trust the
Easement, pursuant to C.R.S. §§ 38-30.5-101 et seq., through the terms mutually agreed to in this
Easement Deed, consisting of the rights and restrictions enumerated herein, over and across the
Property, 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. Pursuant to the terms of C.R.S. §§ 38-30.5-101 et seq., the purposes of the
Easement are to assure that the Property will remain forever predominantly in its scenic, natural
and open space (including agricultural) condition, subject to the uses of the Property permitted
hereunder, to protect and preserve the Conservation Values of the Property in perpetuity, to
prevent any use of the Property that is not consistent with the preservation and protection of the
Conservation Values of the Property and, in the event of their degradation or destruction, to
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Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlberico
7 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
restore such Conservation Values of the Property (the "Purposes"). Specifically, Grantor wishes
to preserve the natural vegetation and riparian and wetland areas as relatively undisturbed habitat
and maintain the remainder of the Property as productive agricultural open space.
3. Intent. Subject only to the Purposes set forth above and express prohibitions below, the
intent of the Parties is to permit all uses of the Property that are consistent with the preservation
and protection of the Property's Conservation Values as determined by the Trust in its sole
discretion. Nothing in this Deed is intended to compel a specific use of the Property other than
the preservation and protection of the Conservation Values.
4. Baseline Documentation. The Parties acknowledge that a Baseline Documentation of the
Conservation Values and relevant features of the Property has been prepared by TG Malloy
Consulting, Inc., a company familiar with conservation easements, the Property, and the environs
on December 23, 2004 and most recently updated on May 22, 2008, and is on file with the
Parties. The Trust and Grantor acknowledge and agree that by execution of this Easement Deed,
they are hereby approving, acknowledging, and accepting the Baseline Documentation as an
accurate representation of the condition of the Property at the time of this grant. The Parties
agree that the Baseline Documentation is not intended to preclude the use of other evidence to
establish the present condition of the Property should a controversy arise over its use.
5. Rights of the Trust. To accomplish the purposes of the Easement, Grantor conveys the
following rights to the Trust:
5 .1. The right to preserve and protect the Conservation Values of the Property in
perpetuity;
5.2. The right to enter upon the Property at reasonable times, agreed to mutually by
Grantor and the Trust, to inspect the Property thoroughly, to monitor Grantor's compliance with,
and otherwise enforce the terms of this Deed; provided that such entry shall not unreasonably
interfere with Grantor's use and quiet enjoyment of the Property, 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 the Easement; and
5.3. The right to prevent any activity on or use of the Property that is inconsistent with
the purposes of the Easement, or with the preservation and protection of the Conservation Values
of the Property, and the right to require the restoration of such areas or features of the Property
that are damaged by any inconsistent activity or use.
5.4 Any other rights that the Parties may approve consistent with the purposes of the
Easement and the Conservation Values.
6. Prohibited and Permitted Uses. Grantor reserves to itself and to its personal
representatives, heirs, successors, and assigns, all rights and obligations accruing from its
ownership of the Property, including the right to engage in all uses of the Property not expressly
prohibited herein that are consistent with the preservation and protection of the Conservation
Values of the Property, including ongoing agricultural and ranching uses. Grantor is prohibited
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Receptiontt: 756747
10/03/2008 09:43:18 RM Jean Rlberico
8 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
from any activity on or use of the Property inconsistent with the preservation and protection of
the Conservation Values.
The following uses and practices by Grantor, though not an exhaustive recital, are either
consistent with and permitted, or not consistent with and prohibited by this Deed. Expressly
permitted uses are to be conducted in a manner consistent with the preservation and protection of
the Conservation Values of the Property, pursuant to Section 170(h)3 of the Code, and C.R.S. §
38-30.5-102. Certain of these consistent uses and practices are identified as being subject to
specified conditions, such as to the notice provision described in Section 9, or to the requirement
of and procedures for prior approval by the Trust described in Section 10, or to both. Uses not
described here as expressly permitted or prohibited are guided by Section 10 herein.
6.1. Improvements. Grantor shall not construct, improve, place, or replace any
buildings, structures, mobile homes or facilities, equestrian arenas, parking lots, or billboards on
the Property, except as follows:
A. Fencing. Grantor may replace existing fences and erect new fencing on the
Property, provided such fencing complies with then-current Colorado Division of
Wildlife standards for fencing in a wildlife migration area. Existing fencing that exceeds
such CDOW height requirements may be repaired and replaced in order to exclude
wildlife from the sod farm area of the Property, as shown in Exhibit D, herein; however
in the event the Property reverts to wildlife habitat or other uses not requiring the
exclusion of large game animals, Grantor agrees to remove or replace such fencing with
CDOW-compliant fencing;
B. Roads, Trails, Landing Pads and Easements. The conveyance of easements,
rights-of-ways, or the building of improved roadways on the Property is prohibited
without the consent of the Trust; such consent shall be in the Trust's sole discretion.
Notwithstanding the foregoing, Grantor shall be entitled to convey an easement to the
Spring Valley Sanitation District for the existing return flow water pipeline on the route
traversing the Property which route is generally depicted on Exhibit 2 of the Baseline
Documentation. Such easement shall provide that when maintenance is required on the
pipeline, every reasonable effort shall be made to minimize impacts to the wetland
vegetation and following such maintenance all disturbed areas shall be restored promptly
to their original condition prior to maintenance. The existing public road traversing the
Property and dedicated to public use pursuant to Garfield County Subdivision
Regulations, may be vacated in the future; in which case, it may either be reclaimed or
maintained as a private agricultural road with notice to the Trust so that it may update its
records. Furthermore, it is acknowledged the Third, Fourth, and Fifth Donation Parcels
are subject to an easement in favor of the Spring Valley Sanitation District for an existing
sanitary sewer line which route is generally depicted on Exhibit 3 of the Baseline
Documentation. Finally, it is acknowledged that in the future, Grantor may convey an
easement for roadway and utility purposes for public use over, across and under the right
of way for Spring Valley Road as shown on the plat of Lake Springs Ranch PUD as
approved by Resolution Number 79-64 recorded June 19, 1979 in Book 530 at Page 93 as
Reception No. 295037 and subject to all approvals and proceedings of Garfield County
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Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlberico
9 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
subsequent thereto provided that any conveyance of the right of way is made with notice
to the Trust so that it may update its records and any conveyance includes requirements
that use of the right of way minimize impacts upon the Conservation Values of the
balance of the Property and that following any such use, the Property is be restored as
best practicable to the Property's condition prior to such use.
Hard surface trails and dirt-bike courses are prohibited on the Property. Low-
impact trails that are designed, located, and used in a manner to minimize erosion and
wildlife and scenic disturbance, are permitted on the Property in locations approved by
the Trust. Landing pads or strips are prohibited on the Property;
C. Utilities and Communications Facilities. As necessary to the uses permitted in
Subsection 6.1 and 6.2, herein, and provided that the location and use of the following
described amenities is consistent with preservation and protection of the scenic and
wildlife Conservation Values of the Property, Grantor may install and maintain the
following for use on Property: (a) utility lines; (b) water lines, pumps and wells; (c) wind-
powered electric generators, solar collectors, fuel cells, and other energy-related
technology; and (d) oil and natural gas pipelines and production facilities as permitted by
easement agreements and rights of way of public record described in Subsection 6.2(D),
herein. These utilities, structures, and facilities are for onsite use, unless otherwise
approved by the Trust and any impact from the installation and maintenance of such
amenities to the Property or its Conservation Values shall be restored as best possible to
the Property's original condition using appropriate native vegetation within 6 months, or
as outlined in executed agreements; and
D. Recreational Structures. Picnic tables, benches, fire pits, and temporary
camping accommodations are permitted provided they are consistent with preservation
and protection of the Conservation Values of the Property. Golf courses and other high-
impact recreational amenities such as indoor and outdoor riding arenas are prohibited on
the Property.
6.2. Resource Management. Grantor recognizes the importance of good resource
management and stewardship to preserve and protect the Conservation Values of the Property.
The following uses of the Property shall be conducted in a manner that is consistent with the
preservation and protection of the Property's Conservation Values as described hereafter. In the
event the Trust believes any resource management practice(s) on the Property are not consistent
with the preservation and protection of the Conservation Values, the Trust may request that
Grantor and the Trust, at Grantor's expense, consult with a mutually agreed upon resource
management professional. This professional will provide written recommendations for said
resource management practice(s) that are consistent with the preservation and protection of the
Conservation Values.
A. Agriculture. Grantor retains the right to conduct agricultural operations on the
Property in a manner consistent with preservation and protection of the Conservation
Values and sound environmental practices in confonnance with then applicable
governmental regulations, and to lease lands with appurtenant Water Rights for permitted
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agricultural purposes. Permitted agricultural operations include grazing and raising of
horses and livestock, raising crops of all kinds, including without limitation, the
production of sod for commercial purposes, tree nurseries not exceeding 5 acres in size,
vineyards, potential crop sources for biofuel production such as cellulose, oil seeds and/or
algae, and all other agricultural (ranching, farming and related) activities consistent with
protection of the long-term ecological and economic viability of the land, provided that
all agricultural operations or activities are conducted in a manner that does not result in
significant soil erosion or low soil quality and with sound management practices as
determined by the Natural Resource Conservation Service ("NRCS") or its successor
organization. The terms and conditions of this Easement Deed are intended to ensure that
the Property remain available for agricultural or livestock production, or both, in
accordance with Section 170(b)(l)(E)(iv) of the Code. Grantor agrees not to expand
agricultural operations beyond the boundaries ofland currently in agricultural production,
as shown in Exhibit D, herein.
Agricultural uses and operations prohibited by this Easement Deed include (a)
commercial feed lots, defined as confined areas or facilities for purposes of extended
feeding and finishing of large numbers of livestock or horses for hire, and (b) commercial
equestrian operations.
If agricultural operations on the Property cease in the future, Grantor agrees to
reseed any areas heavily disturbed by agricultural operations with appropriate native
vegetation to prevent the spread of noxious weeds and to provide forage and habitat for
wildlife. The Parties agree that agricultural operations may resume any time thereafter
provided that such operations are consistent with the preservation and protection of the
Property's Conservation Values and with the Trust's approval pursuant to Section 10
herein;
B. Hunting and Trapping. Hunting and the leasing of hunting rights on the
Property is permitted. The lethal trapping of wildlife on the Property is prohibited except
as necessary to remove wildlife that is a nuisance or a threat to agricultural operations on
the Property and consistent with local, state, and federal rules and regulations;
C. Relatively Natural Habitat and Surface Impacts. Except within the boundaries
of land currently in agricultural production, as shown in Exhibit D, herein, Grantor shall
not alter the topography of the Property through placement or removal of soil, gravel,
land fill, or other materials nor alter, disturb, or impair the relatively natural habitat for
native plants, wildlife, or similar ecosystems within and upon the Property, except: (a) as
approved by the Trust for habitat enhancement or restoration purposes such as removing
tamarisk, chaining juniper or sagebrush, constructing ponds and wetlands, stabilizing
streambanks, and conducting controlled bums; (b) as necessary in emergencies including
fire, pest and disease prevention; (c) as necessary for uses permitted by previously
executed easement agreements or rights of way of public record; and ( d) for uses
permitted in Subsection(s) 6.1 and 6.2, herein
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Reception#: 756747
10/03/2008 09:43:18 AM Jean Alberico
11 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GARFIELD COUNTY CO
Grantor may control noxious weeds and invasive plant species on the Property in
accordance with federal, state and local laws and regulations, and shall not intentionally
introduce noxious weeds or other invasive species to the Property;
D. Minerals. At the time of granting this Easement Deed, the United States by
virtue of its original patent to the Property reserved all or a portion of the mineral rights
to itself. For this reason, a mineral remoteness letter dated December 21, 2004 has been
completed by BIO-Logic Environmental in compliance with Section 170(h) of the
Internal Revenue Code and related Treasury Regulations, a copy of which is on file with
the Trust. Grantor's current or future ownership of mineral rights shall be subject to the
following provisions:
Subsurface Mineral Rights. Grantor's exploration, development, mining or other
extraction of minerals, coal, peat, sand, gravel, rock or soil is prohibited, except
that Grantor may lease to a third party the right to explore for or extract oil and
natural gas from below the surface of the Property; provided, however, that such
activities occur only in a manner that is consistent with the meaning, provisions,
and terms of Section 170(h) of the Code and Section l.170A-14(g) of the
Treasury Regulations;
Grantor shall incorporate this Easement by reference and summarize the
Property's Conservation Values in any and all future oil and gas leases, surface
use agreements, or no-surface occupancy agreements that affect the Property or
address mineral rights separated after the date of this Easement grant, which
leases and agreements shall be subordinate to this Easement Deed.
Surface Mineral Rights. Grantor shall not transfer, lease or otherwise separate the
rights to coal, peat, oil shale, soil, sand, gravel, rock, or any other mineral
substance from the surface of the Property nor explore for or extract the same
from the surface of the Property.
E. Water Resources. The manipulation, diversion, pollution, drainage, dredging,
or other alteration of streams, natural lakes, ponds, wetlands, springs, or other surface or
subsurface water features on the Property in a manner that degrades or destabilizes their
natural banks or shorelines, or otherwise impairs the .Conservation Values of the Property
is prohibited. Agricultural activities or other disturbance inconsistent with the protection
and preservation of the Conservation Values, including the grazing of livestock, parking
or driving of vehicles, or tilling of land, is prohibited within 25 feet of the high water
mark of the wetlands, as shown in Exhibit D, herein. Notwithstanding the foregoing, the
construction and maintenance of agricultural ditches, a culvert bridge crossing, and water
diversion structures, pump intakes, irrigation water collection ponds, stock ponds or other
agricultural improvements as well as incidental access through the wetlands and setback
areas while engaging in agricultural operations is pennitted without further permission
from Grantee. It is acknowledged and understood that the wetlands on the Property will
experience seasonal fluctuations in water levels due to natural events, including droughts
as well as irrigation diversions made by Grantor and potential demands imposed by
applicable water law;
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F. Water Rights.
Water Rights Included. The Parties agree that it is appropriate to include the
Water Rights appurtenant to the Property in this Easement pursuant to C.R.S. § 38-30.5-
102. The Water Rights consist of all of Grantor's rights, title, and interests in and to the
water and water rights, as more specifically described in Exhibit E attached hereto and
incorporated herein by reference -including surface and groundwater rights, whether
tributary, nontributary, decreed or undecreed -together with all associated ditches, head
gates, springs, reservoirs, water allotments, water shares and stock certificates, contracts,
units, wells, easements and rights of way. Grantor shall retain and reserve the right to use
the Water Rights or that portion sufficient to maintain and improve the Conservation
Values of the Property, and shall not transfer, encumber, lease, sell or otherwise separate
water rights necessary and sufficient to maintain and improve the Conservation Values of
the Property from title to the Property itself;
Restrictions on Water Rights. The Water Rights may not: (i) be changed to or
used for municipal, industrial, or commercial uses or any other uses that harm the
Conservation Values; (ii) may never be sold, leased, encumbered separately from the
Property or otherwise legally separated from the Property; and (iii) may never be changed
in any way (via a change in point of diversion, place of use, type of use, or quantity),
except pursuant to a legally-recognized interruptible supply contract, fallowing
agreement, emergency water loan, or similar agreement to temporarily increase instream
flows in Landis Creek. Water Rights may be used for other activities on the Property that
are not prohibited by the terms of this Easement Deed, after a written determination by
the Trust that such changes are consistent with the preservation and protection of the
Conservation Values, and do not create an intent to abandon;
Protection of Water Rights. If Grantor fails to maintain the historic use of the
Water Rights, or the Water Rights are otherwise subject to a threat of abandonment, the
Trust shall have the right, but not the obligation, to (i) enter upon the Property and
undertake any and all actions reasonably necessary to continue the use of the historic
Water Rights, or (ii) after 90 days written notice to Grantor, seek to change the Water
Rights to another beneficial use approved by the Trust and permitted under this Easement
Deed, or convey all or part of such rights to the Colorado Water Conservation Board or
its successor organization for the specific purpose of increasing the flow in Landis Creek;
Effect of Loss. No loss of Water Rights through injury or abandonment, or
conversion of the Water Rights as set forth above, shall be considered a severance of the
title to the Water Rights from the Property for federal or state tax or other purposes, or as
basis for extinguishment of this Easement.
G. Recreation. Passive, non-motorized recreational uses such as hiking, cross
country skiing, horseback riding and mountain biking are permitted on the Property,
provided that they are conducted in a manner that is consistent with the preservation and
protection of the Property's Conservation Values;
12
6.3. Restricted Uses/Practices.
A. Subdivision. By this instrument, Grantor agrees to merge all previously
existing parcels of land on this Property into one parcel that may not be divided,
subdivided, or de facto subdivided in the future, with the exception of minor adjustments
of lot lines. It is agreed that the Property may be included in a common area or an
agricultural reserve appurtenant to the Lake Springs Ranch P.U.D. Subdivision and
otherwise conveyed to the property owners association for said Subdivision subject to
this Easement and so long as the Conservation Values established hereunder are
preserved, protected and maintained. In the event the Property is so conveyed, Grantor
shall make an additional monitoring payment of $12,000 to the Trust for the preservation
and protection of the Conservation Values. It is further acknowledged that Grantor may
continue to develop the balance of its unencumbered, adjacent property as a residential
subdivision;
B. Motor Vehicle Use. Off-road use of motorized vehicles is permitted in a
manner consistent with the preservation and protection of the Conservation Values of the
Property except within the setback area around the springs and wetlands as described in
6.2(F), herein;
C. Trash. Grantor shall not dump, permanently accumulate, or dispose of trash,
garbage, or other hazardous or unsightly refuse on the Property, except for agricultural
by-products and vegetative matter produced or used on the Property;
D. Commercial and Industrial Activities. Grantor shall not conduct industrial
activity or any more than de minimis commercial recreational activity on the Property
pursuant to Section 2031 ( c) of the Code;
7. Access. By terms of this Easement Deed, Grantor does not afford the public any more than
visual access to any portion of the Property, although Grantor may permit public access to the
Property on such terms and conditions as it deems appropriate, provided that such access is
consistent with the terms of this Easement Deed.
8. Representations and Warranties. Grantor represents and warrants that, after reasonable
investigation and to the best of its 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 or threatening to
human health or the environment exists or has been used or released on the Property;
8.2 There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in compliance
with applicable laws, regulations, and requirements;
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8.3 Grantor and the Property are in compliance with all federal, state, and local laws,
regulations, and requirements applicable to the Property and its use and there is no existing,
pending or threatened litigation in any way affecting, involving, or relating to the Prope1iy;
8.4. Grantor has good and sufficient title to the Property and has lawful authority to grant
and convey the Easement, that any mortgages or liens on the Property are subordinate to the
terms of this Easement Deed, and that Grantor shall warrant and forever defend the title to the
Easement against all and every person or persons lawfully claiming by, through or under
Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions,
covenants and mineral reservations of record.
9. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring
Grantor to notify the Trust before undertaking certain activities or uses, as identified in Section 6
or other Sections herein, is to afford the Trust an opportunity to update its records and, if
approval is required, to ensure that the activities or uses in question are consistent with the terms
of this Easement Deed. Grantor shall also notice Trust and seek its approval for proposed
activities or uses not specifically addressed herein, pursuant to Section 10, below. Whenever
notice and the Trust's approval, as described in Section 10 below, are required, Grantor shall
notify the Trust in writing not less than 60 days prior to the date Grantor intends to undertake the
activity or use in question, unless this Easement Deed provides otherwise, and 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 terms of this Easement Deed and the preservation and protection of
the Property's Conservation Values. Whenever notice is required without the Trust's approval,
Grantor shall notify the Trust in writing not less than 30 days in advance of the proposed activity
or use.
10. The Trust's Approval. Whenever this Easement Deed requires that Grantor obtain the
Trust's approval for any activity or use of the Property, or if Grantor desires approval for any
activity or use of the Property not specifically addressed herein, such approval shall be given in
the Trust's sole discretion, according to whether the Trust determines that such activity or use of
the Property is consistent with the preservation and protection of the Property's Conservation
Values. Grantor has the burden to prove that Grantor's proposed uses are consistent with the
preservation and protection of the Conservation Values of the Property. Where the Trust's
approval is required, the Trust shall grant or withhold its approval in writing within 30 days of
receipt of Grantor's 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 Conservation Values or the purposes or terms
of this Easement or Easement Deed. The reason(s) for such a determination shall be set forth
with specificity by the Trust in a written notice to Grantor. Where a modification of the proposed
use or activity by Grantor would render the same consistent with the purposes of the Easement
and the Conservation Values, the Trust may specify, in such written notice to Grantor, such
modifications to render approval appropriate.
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 or Easement Deed. If
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the Trust finds what it believes is a violation, or a threat of a violation, the Trust shall notify
Grantor of the nature of the alleged violation. Upon receipt of this notice, Grantor shall
immediately discontinue any activity that could increase or expand the alleged violation and
shall either: (a) restore the Property within 60 days as is best possible to its condition prior to the
violation in accordance with a plan approved by the Trust, or if immediate restoration is not
possible, Grantor shall submit such plan to the Trust within 60 days; or (b) provide a written
explanation to the Trust of the reason why the alleged violation should be pennitted. If the Trust
is not satisfied with Grantor's 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 attempt to resolve the dispute pursuant to Section 11.1, below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation while the Parties are attempting to resolve the
alleged violation, or if the Trust believes an ongoing, imminent, or threatened activity violates
the easement, the Trust may take immediate, appropriate legal action to stop the activity, without
prior notice to Grantor; without waiting for the period provided for cure to expire; and without
waiting for the 60-day mediation period to expire. The Trust may bring an action at law or in
equity, ex parte as necessary, in a court of jurisdiction, to enforce the terms of this Easement
Deed and to enjoin by temporary or permanent injunction a violation, which may require
restoration of the Property to the condition that existed prior to the violation. The Trust's
remedies described herein shall be in addition to all remedies now or hereafter existing at law or
in equity, and shall include, without limitation, the right to recover damages for violation of the
terms of this Easement Deed or injury to the Conservation Values including damages for the loss
of scenic, aesthetic, or environmental values, Without limiting Grantor's liability therefore, the
Trust, in its sole discretion, may apply any damages recovered to the cost of undertaking any
restorative, remedial, corrective action on the Property.
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 Grantor 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 Grantor
shall impair such right or remedy or be construed as a waiver. 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 years from the date upon which the violation is discovered.
All reasonable costs incurred by the Trust in enforcing the terms of this Easement Deed,
including, without limitation, costs and expenses of pursuing legal action and reasonable
attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of
this Easement Deed, shall be borne by Grantor, unless a court finds that the Trust acted in bad
faith in seeking enforcement thereof, in which case, the Trust shall pay Grantor's court-awarded
costs and fees.
11.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed use or activity with the terms of this Easement Deed, and Grantor agrees not to
15
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 10 days of the receipt of such
request, the Parties shall select a trained and impartial mediator with experience in easements
and other land preservation tools. If the Parties are unable to agree on a mediator, then the Parties
shall each select a mediator with experience in conservation easements and other land
preservation tools, and those two mediators shall select a 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: (i) promote discussion between
the Parties; (ii) assist the Parties to develop and exchange pertinent information
concerning the issues in dispute; and (iii) 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 ternis, 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, 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. Confidentialitv. 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;
D. Time Period. Neither Party shall be obligated to continue the mediation
process beyond a period of 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 50% of the mediator's fees.
12. Costs, Liabilities, Taxes, and Environmentai Compliance.
12.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities and
obligations and shall bear all costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the Property, including the payment of property and other taxes
related to the Property, and maintenance of liability insurance coverage. Grantor shall make best
efforts to keep the Property free of any liens arising out of any work performed for, materials
furnished to, or obligations incurred by Grantor. Nothing in this Easement Deed shall be
construed or interpreted as prohibiting Grantor from obtaining loans secured by deeds of trust
encumbering the Property, provided any such deeds of trust are subordinate to this Easement
Deed, and shall encumber the entire Property;
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12.2. 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 Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
("CERCLA"), and any Colorado state law counterpart;
12.3. Hold Harmless. Grantor 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, the "Trust Parties") from
and against all liabilities, including, without limitation, court awarded third-party attorneys' fees,
arising from or in any way connected with: (a) 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 gross negligence
or intentional act of any of the Trust Parties; (b) the violation or alleged violation of, or other
failure to comply with, any state, federal, or local law, regulation, or requirement, including,
without limitation, CERCLA, by any person other than any of the Trust Parties, in any way
affecting, involving, or relating to the Property; ( c) the presence or release of hazardous or toxic
substances in, on, from, or under 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 Trust Parties; ( d) payment of taxes imposed upon or incurred by the Property as a
result of this Easement, including property taxes and the sale of income tax credits acquired as a
result of this Easement ( e) tax benefits or consequences of any kind which result or do not result
from entering into this Easement Deed; and (f) the obligations, covenants, representations, and
warranties described herein;
12.4. 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 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 Grantor pursuant to C.R.S. §38-41-119 is
inconsistent with the foregoing, Grantor waives that defense. Grantor waives the defenses of
laches, estoppel and prescription with regard to the enforcement of all other tenns of this
Easement Deed; and
12.5. Acts Beyond Grantor's Control. Nothing contained in this Easement Deed shall be
construed to entitle the Trust to bring any action against Grantor for any injury to or change in
the Property resulting from causes beyond Grantor's control or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes. Grantor is not responsible for acts of third parties not
authorized to access the Property, but shall be responsible for all third parties, including guests or
invitees, authorized by Grantor to access the Property.
17
13. Extinguishment and Condemnation.
13.1. Extinguishment. The Parties agree that any changes in the economic viability of the
uses permitted or prohibited by this Easement Deed, or changes to neighboring land and its use
shall not be deemed circumstances justifying the tennination or extinguishment of the Easement.
In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to implement any
or all of the uses permitted under this Easement Deed shall not impair the validity of the
Easement or this Easement Deed, or be considered grounds for termination or extinguishment of
this Easement.
If circumstances arise in the future that render the purposes of this Easement impossible
to accomplish, the Easement can only be tenninated or extinguished, 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 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, shall be determined, unless otherwise provided by Colorado law at the time, in
accordance with the Proceeds paragraph below;
13 .2. 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 the Easement in whole or in part, Grantor 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 damages resulting therefrom. All expenses reasonably incurred by
Grantor 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 Proceeds paragraph below;
13.3. Proceeds. Grantor 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 seventy-five percent (75%) of the fair
market value of the Property from this date forward, and such percentage interest shall remain
constant in relation to any future fair market value of the Property. Such percentage interest shall
be used only for determining the Tmst' s proportion of proceeds from any payment of damages or
action resulting from circumstances described in the Extinguishment and Condemnation
paragraphs above. The Parties agree that the value of any improvements to the Property made by
Grantor after the date of this Easement Deed is reserved to Grantor. The Parties further agree
that to the extent possible, any proceeds paid to the Trust as a result of this Section shall be used
exclusively for purposes of restoration or enhancement of the Conservation Values on the
Property. If it is not possible to use all of the Trust's proceeds in this manner, such as ifthe entire
Property is condemned or Easement terminated, the Trust may elect to apply its proceeds to
another purpose within its mission.
14. Assignment. In the event the Trust is no longer able to carry out its duties and obligations
under this Easement Deed, or if circumstances change so that another similar organization is
18
better able to carry out such duties and obligations, the Trust may elect to transfer the Easement
with notice given to Granter, provided that the Trust may assign its rights and obligations under
this Easement Deed 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. 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 the 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, the Trust shall have no further
obligation or liability under this Easement Deed.
15. Subsequent Transfers. Granter agrees to notify any pa..rty who may purchase, lease, or
otherwise hold interest in this Property of the existence and terms of this Easement Deed, and to
provide a copy of the Easement Deed and the Baseline Documentation to such party if requested.
Granter further agrees to give notice to the Trust of the transfer of any such interest prior to
transfer. The Trust shall be available for and welcome the opportunity to meet with any
prospective buyers or transferees of the Property to explain the terms of this Easement Deed to
potential new owners prior to or after sale closing, or to answer any questions or concerns related
to this Easement, the Easement Deed, or any of its supporting documentation, including the
Baseline Documentation.
In addition, at any time Grantor transfers the Property to a third party, that party shall pay
a fee of $100.00 to the Trust to cover administrative costs associated with the transfer as well as
put the third party purchaser on notice of the terms of this Easement Deed. The failure of Grantor
to perfonn any act required by this paragraph shall not impair the validity of this Easement or
Easement Deed or limit enforceability of either in any way.
16. Notices. Any communication that either Party desires or is required to give to the other
shall be in writing and 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 Granter: The Berkeley Family Limited Partnership
4001 County Road 114
Glenwood Springs, CO 81601
To the Trust: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
17. Recordation. The Trust shall record this instrument in timely fashion in the official records
of Garfield County, Colorado and may re-record it at any time as may be required to preserve its
rights in this Easement and Easement Deed.
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18. Amendment. If circumstances arise under which an amendment to this Easement Deed
would be appropriate to promote the purposes of the Easement, Grantor and the Trust may
jointly amend this Easement Deed. However, the Trust is under no obligation to amend this
Easement Deed, and may decline any amendment in its sole discretion. Any amendment must be
consistent with, and protect and preserve, the purposes of the Easement and the Conservation
Values and may not affect the Easement's perpetual duration. Any amendment must be in
writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the
appropriate Colorado County. Correction deeds to correct factual mistakes or typographical or
clerical errors may be made at the discretion of the Trust. No amendment shall be allowed that
affects the qualification of this Easement or the status of the Trust under any applicable laws,
including C.R.S. Section 38-30.5-101, et seq., or Section 170(h) of the Code or any regulations
promulgated thereunder. No amendment shall be permitted that will confer a private benefit to
Grantor or any other individual or entity (see IRS Reg. 1.170A-14(h)(3)(i)) greater than the
benefit to the general public, or that will result in private inurement to a Board member, staff or
contract employee of the Trust (see IRS Reg. 1.501(c)(3)-l(c)(2)).
19. Subordination. The Property is not subject to any mortgages or liens.
20. General Provisions.
20.1 Exhibits. The following Exhibits are attached to and incorporated by reference into
this Easement Deed:
Exhibit A: Property Legal Descriptions,
Exhibit B: Survey of Fifth Donation Parcel,
Exhibit C: Survey of Property,
Exhibit D: Map of Agricultural Use Boundaries,
Exhibit E: Water Rights;
20.2 Definitions. The terms "Grantor" and "the Trust," wherever used herein, and any
pronouns used in place of those terms, shall refer to, respectively, Grantor and its heirs, personal
representatives, executors, administrators, successors and assigns, and the Trust, its successors
and assigns. The term "Property," wherever used herein, shall refer to the land described in
Exhibit A and water rights combined. The term "Water Rights," wherever used herein, shall
refer to the water rights alone, as described in Exhibit E. The terms "Easement" and
"Conservation Easement in Gross" refer to the immediately vested interest in real property
defined by Colorado Revised Statutes§§ 38-30.5-101 et seq. The term "Easement Deed" refers
to this legal document, consisting of the rights and restrictions enumerated herein, by which said
Easement is granted;
20.3. Controlling Law. The interpretation and performance of this Easement and
Easement Deed shall be governed by the laws of the State of Colorado;
20.4. Liberal Construction. This Easement Deed shall be liberally construed in favor of
the grant to effect the purposes of the Easement and the policy and purpose of C.R.S. §38-30.5-
101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation
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consistent with ensuring continuation of the purposes of the Easement and the preservation and
protection of the Conservation Values 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 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 Deed and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement Deed, all of which are merged herein;
20.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect
20.8. Joint and Several Obligation. The obligations imposed by this Deed upon Grantor
shall be joint and several. If the Property's ownership is by a single entity consisting of multiple
parties including shareholders, partners, or members, that entity is required to include in its
operating agreement, bylaws, or other documents setting forth the rights and responsibilities of
the entity, the right to assess such shareholders, partners, or members for any monetary or other
obligations set forth in this Easement. Grantor shall provide a copy of such documentation at
any time upon The Trust's request.
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 Grantor's
respective personal representatives, heirs, successors, transferees, and assigns, and the Trust's
successors, transferees, and assigns, and shall continue as a servitude running in perpetuity with
the Property;
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. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all the 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;
21
1111 ~·1···~ •·1~~~1',' ,r·~: 1Nfit-tl~~~,.~~~:tn~~trrl.·~lt'·~.~·~ 11111
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10/03/2008 09:43:18 AM Jean Alberico
22 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GARFIELD COUNTY CO
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 Easement or this Easement Deed;
20.14. Acceptance of Gift. The Trust acknowledges receipt and acceptance of this
Easement encumbering the Property described herein, for which no goods or services were
provided; and
20.15. Development Rights. Grantor hereby grants to the Trust all development rights
associated with the Property except as specifically reserved herein for the limited purpose of
ensuring that such rights are forever terminated and extinguished, and may not be used by
Grantor, the Trust, or any other party.
SIGNATURES ON FOLLOWING PAGES
22
IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation
Easement as of the date first written above.
GRANT OR
The Berkeley Family LLLP, a/k/a The Berkeley Family Limited Partnership, a Colorado
limited liability limited partj!.er~
~ ---/ ... ------~-,-:--
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this Z 2~ day of
.S~ 2008, by Michael E. Berkeley as General Partner of The Berkeley Family
LLL , a Colorado limited liability limited partnership, as Grantor.
WITNESS my hand and official seal.
[SEAL]
BETHANY A COLLINS
Notary Public
State of Colorado
My Commission Expires November 07. 2011
otarYPllbi
My commission expires: \ \ \3: I ZD I )
23
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
By:. /[1.ftAL foe tu a,,, __
Martha Cochran, Executive Director
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
· s-r /"\ I The foregoing instrument was acknowledged before me this _f _day of u c--fo io...e.r--
2008, by Martha Cochran as Executive Director of ASPEN VALLEY LAND TRUST, a
Colorado nonprofit corporation.
WITNESS my hand and official seal.
[SEAL]
j SUZANNE STEPHENS j Notary Public
~ State of Colorado
t:;;;w;;;;;;;;;;;;;;;;;;;;;iiiiiiiiiiOiiiiiiii--iiiiiiiiiiOiiiiiiii----..:.t
My Commission Expires November 17. 2008
24
Exhibit A
Legal Descriptions
Legal Description of First Donation Parcel
A PARCEL OF LAND SITUATED IN LOTS 5 AND 6 SECTION 32, AND LOTS 7, 8, 9, AND IO
SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6, A BLM BRASS CAP IN PLACE, THE POINT
OF BEGINNING; THENCE NOI 0 43'36"E ALONG THE WESTERLY BOUNDARY OF SAID LOT 6 A
DISTANCE OF I,260.42 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY S89°05'5I "E A
DISTANCE OF I,I29.94 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS
OF I,320.00 FEET AND A CENTRAL ANGLE OF I I 0 I4'36" A DISTANCE OF 259.03 FEET (CHORD BEARS
S83°28'33"E 258.6I ');;THENCE SOI 0 58'08"W, A DISTANCE OF I,281.45 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 9; THENCE N87°I0'45"W, ALONG THE SOUTHERLY BOUNDARY OF LOT 9 AND
LOT 6 A DISTANCE OF I,382.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING
40.7589 ACRES, MORE OR LESS.
Legal Description of Second Donation Parcel
A PARCEL OF LAND SITUATED IN GOV'T LOT 7 AND 10, SECTION 33, TOWNSHIP 6
SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOV'T LOT IO, A 3-I/4"
ALUMINUM CAP L.S. #I9598 IN PLACE, THE POINT OF BEGINNING; THENCE
NOI 0 58'08"E ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 10 AND 7 A
DISTANCE OF I,337.24 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 7;
THENCE S89°I2'4I "E ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 7 A
DISTANCE OF I,308.4I FEET TO THE NORTHEAST CORNER OF SAID GOV'T LOT 7;
THENCE SOI 0 58'10"W ALONG THE EASTERLY BOUNDARY OF SAID GOV'T LOT 7 A
DISTANCE OF 6I6.22 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY
S5I 0 30'54"W A DISTANCE OF 301.I9 FEET TO A POINT ON THE NORTHERLY RIGHT-
OF-WAY OF A 60' WIDE RIGHT-OF-WAY; THENCE LEAVING SAID NORTHERLY
RIGHT-OF-WAY S54°47'34"W 60.07 FEET TO A POINT ON THE SOUTHERLY RIGHT-
OF-WAY OF A 60'WIDE RIGHT-OF-WAY; THENCE LEAVING SAID SOUTHERLY
RIGHT-OF-WAY S59°33'05"W A DISTANCE OF 3I 7.38 FEET; THENCE S67°34'26"W A
DISTANCE OF 837.98 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND
CONTAINING 30.870 ACRES, MORE OR LESS.
25
1111 ~11111" ~1l~~~1'1'ir1 :.: 1Hrit~!~r.lf1lrt'i:~~H11 ~ l~1l ~I~ 11111
Reception~: 756747
10/03/2008 09:43:18 RM Jean Rlberico
26 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
Legal Description of Third Donation Parcel
A PARCEL OF LAND SITUATED IN GOV'T LOT 7, 10, 11, 16 AND 17, SECTION 33,
TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOV'T LOT 10, A 3-1/4"
ALUMINUM CAP L.S. #19598 IN PLACE, THE POINT OF BEGINNING;; THENCE
N67°34'26"E A DISTANCE OF 837.98 FEET; THENCE N59°33'05"E A DISTANCE OF
317.38 FEET; THENCE N54°47'34"E A DISTANCE OF 60.07 FEET; THENCE N51°30'54"E
A DISTANCE OF 301.19 FEET; THENCE SOl 0 58'10"W A DISTANCE OF 222.01 FEET TO
THE NORTHEAST CORNER OF GOV'T LOT 10; THENCE S88°25'59"E A DISTANCE OF
627.99 FEET; THENCE S20°33'32"W A DISTANCE OF 438.85 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 270.00 FEET AND A
CENTRAL ANGLE OF 45°51'20", A DISTANCE OF 216.09 FEET (CHORD BEARS
S87°38'19"W A DISTANCE OF 210.37 FEET); THENCE S64°42'39"W A DISTANCE OF
100.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 1,020.02 FEET AND A CENTRAL ANGLE OF 27°48'46", A DISTANCE OF
495.14 FEET (CHORD BEARS S78°37'03"W A DISTANCE OF 490.30 FEET); THENCE
S49°07'22"W A DISTANCE OF 104.94 FEET; THENCE S31°21'24"W A DISTANCE OF
226.02 FEET; THENCE WEST A DISTANCE OF 833.13 FEET; THENCE NOl 0 58'08"E A
DISTANCE OF 357.41 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 23.116 ACRES, MORE OR LESS.
Legal Description of Fourth Donation Parcel
A PARCEL OF LAND SITUATED IN GOV'T LOT 11, 16 AND 17, SECTION 33,
TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID GOV'T LOT 11, A 2-
1/2" ALUMINUM CAP L.S. #5933 IN PLACE; THENCE S88°25'59"E ALONG
THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 627.99
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTHERLY BOUNDARY S88 °25'59"E A DISTANCE OF 235. 92 FEET; THENCE
LEAVING SAID NORTHERLY BOUNDARY S06°54'21"E A DISTANCE OF 399.02
FEET; THENCE N83°05'39"E A DISTANCE OF 99.43 FEET; THENCE
814°59'12'~ A DISTANCE OF 468.54 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 830.00 FEET AND A CENTRAL
ANGLE OF 04°43'37", A DISTANCE OF 68.47 FEET (CHORD BEARS
Sl2°37'23"W A DISTANCE OF 68.46 FEET); THENCE S78°36'53"W A
DISTANCE OF 226.51 FEET; THENCE N89°04'00"W A DISTANCE OF 61.29
FEET; THENCE S79°42'39"W A DISTANCE OF 231.38 FEET; THENCE
26
Nll 0 14'23"W A DISTANCE OF 229.46 FEET; THENCE N25°17'2l"W A
DISTANCE OF 34.49 FEET; THENCE S87°ll'25"W A DISTANCE OF 332.21
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 1620.00 FEET AND A CENTRAL ANGLE OF 00°34'12", A
DISTANCE OF 16.11 FEET (CHORD BEARS S03°05'4l"E A DISTANCE OF
16.11 FEET); THENCE S02°48'35"E A DISTANCE OF 182.79 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 972.34
FEET AND A CENTRAL ANGLE OF 04°07'02", A DISTANCE OF 69.87 FEET
(CHORD BEARS S04 ° 52'06"E A DISTANCE OF 69. 8 6 FEET); THENCE
S83°03'56"W A DISTANCE OF 253.37 FEET; THENCE WEST A DISTANCE OF
1081.85 FEET TO A POINT ON THE WESTERLY BOUNDARY OF GOV'T LOT 17;
THENCE NOl 0 58'08"E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF
233.37 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY EAST A
DISTANCE OF 833.13 FEET; THENCE N31°21'24"E A DISTANCE OF 226.02
FEET; THENCE N49°07'22"E A DISTANCE OF 104.94 FEET; THENCE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,020.02 FEET
AND A CENTRAL ANGLE OF 27°48'46", A DISTANCE OF 495.14 FEET
(CHORD BEARS N78°37'03"E A DISTANCE OF 490.30 FEET); THENCE
N64°42'39"E A DISTANCE OF 100.00 FEET ; THENCE ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL
ANGLE OF 45°51'20", A DISTANCE OF 216.09 FEET (CHORD BEARS
N87°38'19"E A DISTANCE OF 210.37 FEET); THENCE N20°33'32"E A
DISTANCE OF 438.85 FEET TO THE POINT OF BEGINNING; SAID PARCEL
CONTAINING 22.416 ACRES, MORE OR LESS.
Legal Description of Fifth Donation Parcel
A PARCEL OF LAND SITUATED IN GOV'TLOT 11, 12, 15, 16 AND 17, SECTION 33,
TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID GOV'T LOT 11, A 2-1/2"
ALUMINUM CAP L.S. #5933 IN PLACE; THENCE S88°25'59"E ALONG THE
NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 863.91 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY
BOUNDARY S88°25'59"E A DISTANCE OF 190.19 FEET; THENCE LEAVING SAID
NORTHERLY BOUNDARY SOl 0 34'01 "WA DISTANCE OF 1014.20 FEET; THENCE
S88°25'59"E A DISTANCE OF 171.09 FEET; THENCE S44°05'20"W A DISTANCE OF
248.89 FEET; THENCE N24°17'21 "WA DISTANCE OF 48.52 FEET; THENCE S65°42'39"W
A DISTANCE OF 250.06 FEET; THENCE S73°14'59"W A DISTANCE OF 60.52 FEET;
THENCE S65°42'39"W A DISTANCE OF 231.99 FEET; THENCE N24°17'21"W A
DISTANCE OF 20.03 FEET; THENCE S58°39'04"W A DISTANCE OF 286.85 FEET;
THENCE N31°20'56"W A DISTANCE OF 152.98 FEET; THENCE ALONG THE ARC OF
27
1111 ~11',·~ ''l~~r1'i',r,~: 11~rit~~~iilllr,11~~rr\·~tt11'J ,11.w:,1.~,~ 11111
Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlberico
28 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
CURVE TO THE RIGHT HAVING A RADIUS OF 912.34 FEET AND A CENTRAL ANGLE
OF 05°11 138", A DISTANCE OF 82.70 FEET, (CHORD BEARS N28°45 107"W A DISTANCE
OF 82.68 FEET); THENCE S63°50 1l l "WA DISTANCE OF 310.01 FEET; THENCE
S90°00'00"W A DISTANCE OF 1,214.88 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF GOV'T LOT 17; THENCE NOl 0 58 108"E ALONG SAID WESTERLY
BOUNDARY A DISTANCE OF 391.23 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY N90°00'00"E A DISTANCE OF 1,081.85 FEET; THENCE N83°03 156"E A
DISTANCE OF 253.37 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 972.34 FEET AND A CENTRAL ANGLE OF
04°07'02", A DISTANCE OF 69.87 FEET, (CHORD BEARS N04°52 106"W A DISTANCE OF
69.86 FEET); THENCE N02°48 135"W A DISTANCE OF 182.79 FEET; THENCE ALONG
THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 1,620.00 FEET AND A
CENTRAL ANGLE OF 00°34 112", A DISTANCE OF 16.11 FEET, (CHORD BEARS
N03°05 141 "WA DISTANCE OF 16.11 FEET); THENCE N87°11 125"E A DISTANCE OF
332.21 FEET; THENCE S25°17121"E A DISTANCE OF 34.49 FEET; THENCE Sl 1°14123"E A
DISTANCE OF 229.46 FEET; THENCE N79°42'39"E A DISTANCE OF 231.38 FEET;
THENCE S89°04100"E A DISTANCE OF 61.29 FEET; THENCE N78°36 153"E A DISTANCE
OF 226.51 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 830.00 FEET AND A CENTRAL ANGLE OF 04°43 137", A
DISTANCE OF 68.47 FEET, (CHORD BEARS Nl2°37123"E A DISTANCE OF 68.46 FEET);
THENCE N14°59 112"E A DISTANCE OF 468.54 FEET; THENCE S83°05'39"W A
DISTANCE OF 99.43 FEET; THENCE N06°54'21 "WA DISTANCE OF 399.02 FEET; TO
THE POINT OF BEGINNING; SAID PARCEL CONTAINING 25.921 ACRES, MORE OR
LESS.
28
1111 ~1111·~ ~1l~~~,,11 1r1 ~: 1~11uti~~~f1ll~~t1u~"11\ ~•v.~1 ~ 11111
Receptiontt: 756747
10/03/2008 09:43:18 AM Jean Alberico 29 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBITB
Survey of Fifth Donation Parcel
CONSERVATION EASEMENT EXHIBIT -2008
LAKE SPRINGS P. U.D. ---r ----,---3!:1!i~1~,:;;:g..l·o~s'-"'·E ___ P_ A_G_E __ ~0_._1 _ _ _ _____ ---+-
!
HIGH COUNTRY ENGINEERING, INC.
CONSEilVA.TION EASEMENT
FOR YEAR 2008
LAKE SPRINGS P.U.D.
CHECKED BY'
DATE:
05/06/ca
i I
1"=300'
PROJECT No:
2041025.01
1 OF2
J
9 1617BLAKEAVENUE1 6'1'£ 101
GLENWOOD SPRINGS, CO B 160 I
PHONE (970) 945-867& FAX l'.910) 945iZ55l5
www.HCl!NG,COM
141NVERNESS DRIVE EAST, STEF·l20
ENGl.£WOOD, CO 8011;2.
PHONE (303} 925-0544 FAX (303) 9250547 EXHIBIT-CONSERVA110N.::ASE-S.17-08,0'A'G
Full size survey on file with both parties
29
1111 ~·,·.·~ J'l~~~,,,· .r·:.: ,~~! ,t-ti!~~r.1.+,~~•1·~~~,·~1rv. ~·~ 11111
Reception#: 756747
10/03/2008 09:43:18 RM Jean Rlber1co
30 of 32 Rec Fee:$161 .00 Doc Fee·0 00 GRRFIELD COUNTY CO
EXHIBIT C
Survey of Property
·----1--
,
;
I
CURVE
Cl
C2
CJ
C4
C5
Cii
RADIUS DELT4
1020.02 21·4e"46 ..
270,00 45'51'20"
1620.00 0'34'12"
972.34 4"07'02 ..
830.00 4•43•37•
912.34 5,t'.38"
HIGH COUNTRY ENGINEERING, INC.
-
• • 1517BL.AKEA.VENUE,5TE 101 GLD.fWOOb&PRINGS,C081B01
PHONE (970) ~0713 FAX (9'10) 945-2555
WWW Hgtto COM
l4fNYERNESSORIVEEA.ST1 STE:F·1ZO
ENGLEWOOD, CO BOt ta
PHONE (303)92&0844 P'AXC303l92.S-0547
CURVE TABLE:
LENGTH TANGENT
495.14 25255
216.09
lli.11
69.87
68.47
82.70
CONSERVATION EASEMENTS
FOR YEARS 20042008
LAKE SPRJNGS P.U.D.
CHORD
490.30
210.37
16.11
82.65
CHECKIDB'r.
05105106
1"1:::500•
PRCJECTNo:
2041025.01
EXHl8rT.CONSERVA.TION·2004-200BOWG
Full size survey on file with both parties
30
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Detail of Building Compound
Generalized Ecosystem
Lake Springs Ranch PUD
Phase II -Baseline Data Inventory
Prepared by: TG Malloy Con.<ulting, LLC
402 Park Drive
Glc:mvood Springs, CO 81601
Phone: 970-9.J5-08J2
Preparei/ for: The Berkely Fnmily Limited Pnrtmmhip
400 I Coumy Rund 114
Glenwood Springs, CO R 160 l
Date: June, 2005
Map Legend
Dcnlo11cd Land
1 L-1•11.rm et1ulpmenl 1tor.n1.'l!
12-Cnmmerdnl hnlldlnl!\
1.1-RM!d~nliul n~
Agricultural lund
11 -Trrl~atcd iurr~n1u produ~lon
Shruhlnnds
.11 -S:tgebruih shruh\11.nd\
\Vctlands und \Vatcrs of the LI. S.
41 -rulusilnc wc1':1.11ds ('1-tlltmd mc:udol'\)
42-I.iicunrlnc.• •):steun {J)ondsorfakc.~)
Notes:
l} lllmt11J.k1111.11ntl U.C.11t.n1 nn thh mlt(I ;ur baud""
.. ~uruy (lnp11IT«l 11)" lll~lt Cuuntry F.nr;inn-rini:, lnr,
:1 Arrl11I p)lul~ph 1•bl•lntd frn1u U.S. rirolock
liur1rr,lllirnln!iq11rml1...-11rJ!l'J\llCJrdul.lb
,\Al'r_1t6l'J_l90)..
J}Tti(llllt:11Phlrlnfom111llnnh1J.ucdnn
Phn1 .. i:n.m.atlt: d•lll, f'"'"hl"d hrc\r:n>-M1:1rlc:. Inc.,
r11lm1 !:rum •trllll ph1>1a~T11plnJJown fn :"lon:·mbtr ul
1Sl9&. Thtphulog:r1WU11kduh.\10U1Jm1rpur.1rtdlllu1
tht 'un..;J lo· IU;ib C:•unlr)· T1nl!.lnn:rl:n~llh'~
'4) J,anduu•J111di-t)!.tl10iunrtrll~11ntlmut?lJl•lm"d
from 1 rrpnrt pnpaml by Aiidm~ J.ntip1s. tntlllffi
"l'luuwll.l..:iktSprtu11.,l'l.Dc.'1111.k"t'\'llffon
Enr111rnt." rl1brT(lott"l\n1tp1rpurd.J1rncH.l:OU5,
~
Scale: 1" = 5110'
Exhibit 7
i
~
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·1
~
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Q
QJ .s
"il
~
c:i .s
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QJ
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1111 ~·111\ •1l~i~1'11 1r 1 :.: 1~1.Ai~ Mj1~~r11i1~·rr.~~1~ 11.:1 ~1~1 ~ 11111
Reception~: 756747
10/03/2008 09:43:18 RM Jean Rlberico
32 of 32 Rec Fee:$161 .00 Doc Fee:0.00 GRRFIELD COUNTY CO
EXHIBIT E
Water Rights
The "Water Rights" include, without limitation, all of the Grantor's right, title and interests in
any and all water and water rights beneficially used on the Property, and all canals, ditches,
laterals, headgates, springs, ponds, reservoirs, water allotments, water shares and stock
certificates, contracts, units, wells, easements and rights of way, and irrigation equipment
associated therewith. The Water Rights include surface water rights and groundwater rights,
whether tributary or nontributary, decreed or undecreed, and specifically the Grantor's interest
in:
Water Right Name Structure Use Adjudication Appropriation Amount
Type Type Date Date
Van Cleve No. 1 Ditch Ditch I 05/11/1889 09/05/1882 0.875 cfs
Van Cleve No. 2 Ditch Ditch I 05/11/1889 05/15/1885 0.60 cfs
Van Cleve No. 2 Ditch, Ditch I 05111/1889 05/15/1885 1.25 cfs
First Enlargement
32