HomeMy WebLinkAbout2.00 Quarter Circle 8 RLDE Application Addendum (4.11.19)Quarter Circle 8 Ranch 1 Rural Land Development Exemption Application Addendum
Submitted: April 11, 2019
prepared by
�I&
Western Slope
m Consulting, LLC
Land Use 1 Zoning 1 Community Planning & Design
(970) 618-4708 1 davis@coloradoplanning.com
P.O. Box 411 1 Carbondale, CO 81623
on behalf of
Sarah McNulty
(970) 963-4363 1 wendy@quartercircle8.com
7747 County Road 100 1 Carbondale, CO 81623
April 11, 2019
Ms. Claire Dalby
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Ms. Dalby:
Attached, please find an addendum to the Quarter Circle 8 Rural Land Development Exemption
Application, File no. RLDE-02-19-8711 submitted by Western Slope Consulting, on behalf of Sarah
McNulty, on February 11, 2019. This addendum is submitted in response to Garfield County's "Not
Technically Compliant (NTC)" letter dated February 26, 2019. The narrative and attachments included in
this addendum address the items identified in the NTC letter.
1. No electronic copy of the application was submitted. Please provide a copy of the application on a
flash drive or CD.
Response: A CD with the original application and this addendum are included with this submittal to
the County.
2. Please provide a complete and current title commitment for the property.
Response: A current Title Commitment dated March 12, 2019 was completed by Commonwealth Title
of Garfield County, Inc. and is attached to this addendum.
3. In addition to the mineral rights research performed for the sources listed in the application, we
request a statement confirming that Garfield County records at the Garfield County Clerk and
Recorder's Office were searched to determine the mineral rights on the property. Please contact staff
for any clarification on this matter.
Response: A Mineral Rights Statement from Commonwealth Title of Garfield County, Inc. dated
March 20, 2019 is attached to this addendum. That report specifically notes that the Garfield County
records at the Garfield County Clerk and Recorder's Office were searched to determine the mineral
rights on the property and their owner.
4. Because the driveway from County Road 113 to Lot 1 does not meet the roadway standards for
maximum grade, a roadway waiver pursuant to Garfield County Community Development Policy 01-
14 (attached) will need to be submitted.
Response: Attached, is a letter dated April 4, 2019 from engineer Jeff Simonson at SGM addressing
the driveway and requesting a waiver pursuant to the Garfield County Community Development
Department's Policy 01-14.
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5. More information on how Lot 2 will be served by water is needed. If a waiver is to be requested for the
submittal requirements of well permitting and pump/water quality testing on Lot 2, please indicate as
such and include an explanation as to why the waiver is warranted.
Response: As shown on the Final Plat, Lot 2 is +/- 186.96 -acres (the balance of the 196.99 -acre parent
parcel from which the +/- 10.03 -acre Lot 1 is to be subdivided from). Lot 2 is eligible for a domestic
well for each 35 -acres on the site. Attached, is Well Permit No. 306447 issued by the Colorado
Division of Water Resources on 8/10/2017 and is valid until 8/10/2019. This well permit was granted
to serve a future residential use on Lot 2. According to the Colorado Division of Water Resources,
"These types of well permits are issued on tracts of land of 35 -acres or more where the proposed
well will be the only well on the tract..." Such wells may be used to serve up to three (3) single-family
dwellings, irrigate 1 -acre or less of lawn and garden and provide water for an individual's domestic
animals and livestock. The existing well permit can be extended with a request to the Colorado
Division of Water Resources.
Section 7.2.A of the First Amended and Restated Deed of Conservation Easement in Gross (Reception
no. 859596) permits the owner of Lot 2 to "...construct and maintain one (1) residential dwelling and
one (1) Accessory Dwelling Unit, as then defined by Garfield County, within the Building Envelope..."
Section 7.2.A also states that the owner of Lot 2 retains the right to "...one 2 -acre building and
disturbance envelope (the "Building Envelope") on the Second Donation Parcel to be located within
the 4 -acre building selection area designated on Exhibit B herein." The First Amended and Restated
Deed of Conservation Easement in Gross is attached.
At this time, it is unknown when the permitted residential structures would be constructed on Lot 2.
Therefore, it is requested that the Board of County Commissioners (BOCC) defer the submission
requirements of Section 4-203.M until the time that a building permit is issued for a residential
structure(s) on Lot 2. The applicant believes that the unknown timing of future construction on Lot 2
and the costs associated with drilling a new well, pump testing and completing water quality analysis
justify the request for this waiver. Furthermore, the optimal location for a well on Lot 2 will be
determined by the future location of the residential structure(s) constructed.
6. The conservation easement covering the majority of Lot 2 allows the property owner the right to
construct one residential dwelling unit and one accessory dwelling unit within the 4 -acre building
envelope as well as the right to access it from County Road 113. More clarification is needed on the
plans for this parcel.
a. If development is not proposed, how will land -use be restricted if the lot were to be sold? (Plat
note, deed restrictions, etc.)
Response: Section 7 of the First Amended and Restated Deed of Conservation Easement in Gross
(Reception no. 859596) sets forth the "Prohibited and Permitted Uses/Reserved and Restricted
Rights" on Lot 2. If required by the County, the applicant is willing to include a note on the Final
Plat to this effect. The Deed of Conservation Easement and plat note should adequately bind any
future owner to the requirements of the conservation easement.
b. If development is proposed, how will the parcel be served by water?
Response: See response to question 5 above.
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c. If development is proposed, how will the building envelope be accessed from County Road 113?
Response: A new driveway, accessing Lot 2, is to be constructed from the west side of County
Road 113. It is anticipated that the access point for this driveway will be located roughly 1,500 to
2,000 feet southwest of the existing access road, where the natural topography is better suited
for a driveway to Lot 2.
The exact location of the driveway will be determined at the time a building permit is issued for
Lot 2. It is anticipated that the driveway will comply with the applicable Garfield County driveway
requirements and Section 7.2.0 of the First Amended and Restated Deed of Conservation
Easement in Gross (Reception no. 859596). The driveway to Lot 2 is to be constructed in an
easement that crosses the applicant's adjoining property (parcel #: 239104200249).
d. If development is proposed, how will the parcel be served by utilities?
Response: Section 7-106.A requires that adequate public utilities be available to serve the land
use and Section 7-106.E requires that an applicant make the necessary arrangements with each
service utility for the construction and installation of required utilities.
Similar to Lot 1, Lot 2 provides an opportunity for the lot owner(s) to enjoy an "off the grid" living
experience. This entails: (1) having water supplied by a well; (2) sewer being addressed by an on-
site wastewater treatment system (OWTS); (3) heating fuel coming from on-site propane tanks or
other appropriate fuel source that does not require the extension of utility lines; and, (4)
telephone/internet service being provided by a wireless service provider (ex. Verizon Wireless or
AT&T). Furthermore, the extension of utility lines to the Lot 2 building envelope could have
adverse impacts on the flora and fauna, as well as the aesthetic values of this part of Garfield
County.
There are several options for serving Lot 2 with electricity: (1) a renewable energy system,
powered by solar, wind, etc.; or, (2) extension of electrical service to the building envelope on Lot
2. If electrical service is to be extended to the building envelope, it is anticipated that this will be
installed from contiguous land owned by the applicant (parcel #: 239104200249) on which there
are existing utilities and access to County Road 113. The extension of electrical service will be
completed in conjunction with construction of a new residential structure(s) on Lot 2.
It is requested that the Board of County Commissioners (BOCC) waive the submission
requirements of Section 7-106.A and Section 7-106.E. The addition of a plat note would be a
practical method for insuring that a future lot owner(s) and County staff understand that Lot 2
will be served by: (1) a well; (2) an OWTS; (3) a renewable energy system or by electrical service
extended to the property; (4) propane or other acceptable fuel source not requiring the
extension of utility lines; and, (5) wireless telephone/internet service. In addition, the plat note
could state that the lot owner(s) are responsible for submitting the required plans, documents
and/or specifications for the water supply and distribution system, OWTS, electrical system and
heating system to Garfield County at the time a building permit is issued for construction of a
new residential structure(s) on Lot 2.
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7. Building envelopes both Lot 1 and Lot 2 should be included on the final plat. The official building
envelope on Lot 2 as shown in the conservation easement agreement should be shown. A building
envelope for Lot 1 should be created and shown on the plat within the 3 -acre buildable area with
slopes less than 20%.
Response: An updated site plan, depicting the approximate building envelope on Lot 1, is included
in this addendum. The approximately 3.8 -acre building envelope shown on the site plan excludes
areas on Lot 1 with slopes in excess of 20%, areas of landslide deposits, the 100' well buffer area
and is located within the required setbacks for the Rural (R) Zone District. The areas with slopes in
excess of 20% and areas of landslide deposits shown on the site plan for Lot 1 have limited
accuracy (i.e. they do not have survey level accuracy), which is why the building envelope has
been identified as "approximate."
Exhibit B from the First Amended and Restated Deed of Conservation Easement in Gross
(Reception no. 859596) shows the approximate location of the 4 -acres building selection area on
Lot 2. Section 7.2.A states that the lot owner(s) is required to "...locate and survey the precise
boundaries of the Building Envelope within the selection area, and provide the survey to the
Trust for recordation, prior to any construction or disturbance therein." Therefore, it is requested
that the precise delineation of the building envelope be deferred until the time that a building
permit is issued for Lot 2.
While not preferable, the applicant is willing to show building envelopes on Lot 1 and Lot 2 on the
Final Plat if required by the County.
8. In the County's NTC letter, a question was raised about the irrigation ditch agreement identified
in the Title Commitment in Schedule B Section II - "12. Terms and conditions set forth in Ditch
Agreement recorded June 24, 1929 as Reception No. 104683."
Response: The ditch agreement recorded June 24, 1929 as Reception no. 104683 is a "Findings
and Decree" ordered by Judge John T. Shumate for the benefit of Thomas McNulty for the
Coulter Creek Ditch with a Priority No. 252. This document refers to a headgate which is located
at a point on the easterly bank of Coulter Creek in Section 33, Township 6 S, Range 87 W of the
6th PM. Using the legal description contained in the "Findings and Decree" it was determined that
the headgate is in the northeast quarter of Section 33 and the other locations in the document
referred to the southwest quarter of Section 34 of Township 6 S, Range 87 W. Both locations are
North and East of the subject property. The actual ditch alignment, if any, is not described in the
"Findings and Decree." However, the subject 196.99 -acre parcel has never been irrigated. It is
dryland pasture and topographically water from the described headgate cannot physically flow to
the subject property because of elevation differences.
The applicant and their family, who have owned the property since it was homesteaded, have
never observed a ditch on the subject property and affirm that to the best of their knowledge
that no ditch or ditch easement extends to or across the subject property.
If required by the County, the applicant will sign an affidavit affirming that there is no irrigation
ditch on the subject property and the subject property has never been irrigated. In addition,
Google Earth aerial imagery was examined for evidence of an irrigation ditch to or on the subject
property and no evidence of a such a ditch was found.
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9. A current list of adjacent properties is provided below. The records of the Garfield County
Assessor were used to identify the following owners of record for properties within 200 -feet of
the subject property. This list is current as of April 11, 2019.
Table 1. Owners of Record within 200 -feet of the Subject Property
Parcel
Number
Account
Number
Owner
Mailing Address
Physical Address
1 218933300036
2 218932100032
3 239105200255
4 218933301002
5 239104200217
6 218933300037
7 218932400030
8 218932400038
9 218932400040
10 239104200249
11 239105100232
R050274 BACON, DEAN A
R111904 COULTER CREEK VALLEY
RANCH LLLP
R008225 COULTER CREEK VALLEY
RANCH LLLP
R050289 HAYDEN, WENDY 5.
R050256 HOLMES, ROBERT 111
R050291 MCNULTY, SARAH L.
R050225 PETERSON, JAMES D. &
HENSLEY R.
R050292 RESTIVO, CHARLES W M
R083511 RESTIVO, CHARLES W M
R006617 SHIPPEES DRAW LLC
R050271 SUNSHINE, JOSH &
BRANDY FAMILY TRUST
JOSH M & BRANDYJ
COTRUSTEES
5
10089 COUNTY RD 113
CARBONDALE, CO 81623
PO BOX 1714
ASPEN, CO 81612-1714
PO BOX 1714
ASPEN, CO 81612-1714
PO BOX 1556
CARBONDALE, CO 81623
4425 PONCE DE LEON BLVD.
5TH FLOOR MAILROOM
CORAL GABLES, FL 33146
7747 COUNTY ROAD 100
CARBONDALE, CO 81623
PO BOX 1714
ASPEN, CO 81612-1714
PO BOX 1251
CARBONDALE, CO 81623
PO BOX 1251
CARBONDALE, CO 81623
7747 COUNTY RD 100
CARBONDALE, CO 81623
PO BOX 2870
GLENWOOD SPRINGS, CO
81602
10089 COUNTY RD 113
CARBONDALE, CO 81623
723 COUNTY RD 121
GLENWOOD SPRINGS, CO
81601
Not available
CARBONDALE, CO 81623
9995 COUNTY RD 113
CARBONDALE, CO 81623
10080 COUNTY RD 113
CARBONDALE, CO 81623
Not available
CARBONDALE, CO 81623
Not available
CARBONDALE, CO 81623
Not available
CARBONDALE, CO 81623
Not available
CARBONDALE, CO 81623
9200 COUNTY RD 113
CARBONDALE, CO 81623
Not available
CARBONDALE, CO 81623
Attachment A 1 Title Commitment & Mineral Rights Statement
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: March 12, 2019
File No. 1205044
Property Address. , Carbondale
Sarah Lillian McNulty
Email: wendy@quartercircle8.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1205044
1. Effective Date: March 4, 2019 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
N/A
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Sarah Lillian McNulty
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Owner's Policy Standard Coverage $167.00
COUNTERSIGNED: Patrick p. 3 u rweUi
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1205044
EXHIBIT "A"
Township 6 South, Range 87 West of the 6th P.M.
Section 32: S'/2SEY4, excepting therefrom the N'/2SE%SE'/4 and theNEY4SW'/4SE1/4
Section 33: SW1/4SW1/4, excepting therefrom the NW1/4SW1/4SW1/4
Township 7 South, Range 87 West of the 6th P.M.
Section 4: Lot 4 less that portion conveyed in instrument recorded December 11, 2018 as Reception No. 915112
Section 5: Lots 1 and 2
File No. 1205044
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of
such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top
margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy
in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1205044
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded December 13, 1964 as Reception No. 223689 and Re-recorded December 11, 2018 as Reception No. 915109 .
10. Reservation of all coal and other minerals by the United States of America in instrument recorded December 13, 1964 as Reception No.
223689 and re-recorded December 11, 2018 as Reception No. 915109.
11. Right of way for ditches and canals in place and in use.
12. Terms and conditions set forth in Ditch Agreement recorded June 24, 1929 as Reception No. 104683.
13. Terms and conditions set forth in Lease Agreement recorded August 2, 1990 in Book 785 at Page 162.
14. Right of Way Easement granted to Holy Cross Energy in instrument recorded September 27, 2006 in Book 1846 at Page 501.
15. Terms and conditions set forth in Deed of Conservation Easement in Gross recorded June 26, 2009 as Reception No. 770157 and First
Amendment recorded February 25, 2015 as Reception No. 859596.
16. Access Easement granted to Aspen Valley Land Trust in instrument recorded June 26, 2009 as Reception No. 770158.
17. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, Colorado 81650
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
March 20, 2019
Sarah Lilliam McNulty
Email: wends@quartercircle8.com
Re: Mineral Owner for Parcel Number 2189 333 00 037
To whom it may concern:
We examined mineral reservations and subsequent transfers of any said interests as reflected
in recorded documents in the Garfield County Clerk and Recorder's Office and our title plant for the
following parcel owned by Sarah Lillian McNulty:
Township 6 South, Range 87 West of the 6th P.M.:
Section 32: S%SE%, excepting therefrom the N%SE%SE% and theNE%SW%SE%
Section 33: SW%SW'A, excepting therefrom the NW/SW%SW%
Township 7 South, Range 87 West of the 6th P.M.:
Section 4: Lot 4 less that portion conveyed in instrument recorded December 11, 2018 as
Reception No. 915112
Section 5: Lots 1 and 2
As appears from the recorded documents in the Garfield County Clerk and Recorder's Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals was reserved to the
following:
Mineral Rights Owner
Address as shown on the most recent
recorded instrument or Assessor's Site
The United States of America
Unavailable
We found no conveyances by the United States of the reserved minerals. Although we deem
this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor
a guaranty of title, and the Companies' liability is limited to the amount paid for the examination. The
effective date of this title analysis is March 13, 2019.
If you have any questions regarding this analysis, please contact me.
Sincerely,
patvickvp. Burwell/
Patrick P. Burwell
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
Attachment B 1 Letter from SGM
April 4. 2019
Sarah McNulty
c/o Davis Farrar
Western Slope Consulting, LLC
P.O. Box 411
Carbondale, CO 81623
RE: Quarter Circle 8 Ranch
Statement of Demonstration of Section 7-107 Conformance
Access and Roadways
Dear Sarah and Davis,
SSGM
www.sgm-inc.com
This letter has been prepared for Garfield County Planning with the intent of providing a statement of
demonstration and roadway standards waiver for the access road and County Road 113 in support of
the proposed Quarter Circle 8 Ranch Rural Land Development Exemption located at the northern end of
County Road 113 (near the Garfield/Eagle County border). The county's land use code specifically
requires a statement and demonstration of conformance with Section 7-107, Access and Roadways
(Specifically conformance with Table 7-107 for access road from County roadway to the proposed
properties).
From your application, it is understood that the current roadway serves the existing McNulty and
Restivo Properties. We understand that the proposed lot being created for this subdivision is in the NE
corner of the McNulty property (ie., Quarter Circle 8 Ranch). The access road (driveway) that provides
access to the two properties gains access from County Road 113. The following figure on page 2 (Figure
A) describes the location of the access road with respect to CR 113 and the two existing properties.
Construction of County Road 113
From field measurements taken of County Road 113, it is noted that the average width of the roadway
ranges from 22 to 26 feet. Beyond the edges of the gravel, there exists a 0 to 2 foot wide gravel
shoulder. From the edge of the shoulder, it is generally observed, when present, that the flowline of the
adjacent borrow ditch is in the 0 to 4 feet range from the edge of the shoulder. The longitudinal slope of
CR 113 averages 1 to 3% within 300' each side of the intersection while the cross slope of the traveled
portion of the roadway exists between 1 to 3%.
The following photos, Photo #1 and Photo #2 are reflective of the conditions of CR 113 as taken from
the intersection of the access road with CR 113. Photo #1 is looking south towards CR 122 and Photo #2
is looking north towards the county line between Garfield County and Eagle County.
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
6SG M
vvvvvv.ogm'inc.com
Photo #1 — CR 113 Looking South
Photo #2 — CR 113 Looking North
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
Construction of Existing Access Road
SSGM
www.sgm-inc.com
From field measurements taken of the shared driveway (or access road), it is noted that the roadway is
also a graveled roadway surface. The overall width of the roadway ranges from 11 to 14 feet wide. The
crown/cross slope of the roadway exists with 1 to 2% slopes. Finally, the longitudinal slope of the
roadway is ranging from 0 to 5% in the first 150' of roadway and then steepens in various sections to
12%. The existing access road exists in a proposed 30' wide ingress/egress and utility easement as will
be dedicated on the final plat of the exemption plat. The following photos (#3 and #4) describe the
current conditions of the existing access road.
Photo #3 — Access Road, Looking North (Uphill)
Photo#4—Access Road Looking South (Downhill)
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
6SGM
www.sgm-inc.com
As existing, the access roadway serves the single family Restivo parcel and the current agricultural use of
the McNulty property. As proposed with the future dwelling unit on Lot 1 of the exemption plat, the
access roadway will serve 2 single family residential units. With the existing condition, the anticipated
daily traffic is 10 ADT for the access road at the intersection of CR 113. This classifies the roadway needs
of being that of a Primitive/driveway access per the County's roadway standards depicted in Table 7-
107. As proposed, the ADT for the access road will be 20 which will still meet the same
Primitive/driveway access classification in Table 7-107.
McNulty Property is
represented by Red
Shaded Area
Figure A
Property and Road Location Map
The location of the property is at the northern terminus of CR 113 (for Garfield County) and the
southern terminus of Eagle County's CR 10A (Cottonwood Pass). From 2016 traffic counts of CR 113 at
the county line, the ADT for the county road was 421. The county line is less than one mile northeast of
the access road intersection with CR 113. Only a few (ie., three) adjacent single family residences access
the county road before the intersection. Extrapolating the 2016 ADT at the county line to 2019 with a
2% growth rate provides an estimated 2019 ADT of 447 for CR 113. With this subdivision the expected
ADT rises to 457. In both cases, CR 113 is classified as a minor collector per Table 7-107 of the county's
code based upon the ADT volume. Figure B (County's Table 7-107) has been provided as follows to
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
SSGM
www.sgm-inc.com
summarize the roadway requirements of the county road and the access road for the various roadway
classifications.
Design Standards
Design Capacity {ADT}
Table 7
107: Roadway Standards
Major
Collector
Minor
Collector
Secondary
Rural Access
Access
Semi
Primitive
Primitive/
Driveway
Public Land
Access
2501+
401 • 2500
201— 400
101-200
21— 100
0 — 24)
No Access
to DU
Minimum aoW Width
(Feet)
80
60
50
50
40
15 to 30'
30
Lane Width {Feet}
12
12
11
11
Single Lane
12
Single Lane
12
Shoulder Width (Feet)
8
6 Min_ Paved
6
4 Min. Paved
6
4 Min. Paved
4
2 Min. Paved
2
0
0
Ditch Width (Feet)
10
10
6
6
4
3,
0
Cross Slope
2%
2%
2%296
Chip/Seal
3% Gravel
2% Chip/Seal
3% Gravel
2%
n f a
Shoulder Slope
3%
3%
5%
5%
5%
nfa
n f a
Design Speed
35 mph
35 mph
nfa
nfa
nfa
Oa
nfa
Minimum Radius (Feet}
425
185
80
80
50
40
nfa
Ma ximum %Grade
895
8%
10%
12%
12%
12%
12%
Surface
Asphalt or
Chip/Seal
Chip/Seal
Chip/Seal or
Gravel
Gravel
Gravel
Native
Material
nfa
1 As determined adequate In an engineering review. Primitive road
either an easement or ROW.
7 if determined necessary for adequate drainage.
shall be dedicated ROW. driveway can be dedicated as
Figure B
Garfield County Table 7-107: Roadway Standards
From the table, the Minor Collector classification has a capacity of 401-2500 ADT. CR 113 exists with
ADT's that reside in the lower range of the Minor Collector classification. As such, the addition of the
traffic (10 ADT) for the exemption does not change the roadway classification. When reviewing the
roadway standard requirements for CR 113, the county road does not satisfy all of the Table 7-107
requirements.
Per Policy 01-14, Waivers for Road and Demonstration of Compliance, the County's Land Use Code
permits waivers given the following criteria are satisfied. (1) An alternative design achieves the intent of
the subject standard to the same degree or better. (2) The proposed alternative will impose no greater
impacts on adjacent properties than would occur through compliance with the specific standards.
The application requests a waiver from the following roadway design standards for CR 113: lane width,
shoulder width, ditch width, cross slopes, shoulder slope and surface type. When reviewing the existing
construction of CR 113, the listed design standards more emulate that of a Semi Primitive classification.
As one evaluates the ADT for the CR 113 consideration needs to be given to the fact that CR 113 is not a
year-round route being only open in the late spring, summer and early fall. Therefore, in the winter,
when roadway standards are most critical to be met for safety, the ADT falls significantly to 30 trips per
day. Under this scenario, the 30 ADT would cause CR 113 to be classified as a Semi -Primitive access.
Given the existing construction of CR 113, the roadway generally meets the standards as a Semi-
GLENWOOD SPRINGS 1 18 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
6SGM
www.sgm-inc.com
Primitive access per Table 7-107. With the proposed additional ADT of 10, the roadway will remain
compliant with the Semi Primitive classification. Given this, please note the following:
For the CR 113 waiver from the classification as a Minor Collector, lane width, shoulder width, ditch
width, cross slopes, shoulder slope and surface type are requested as the existing roadway from the
Garfield County/Eagle County line from this project to Gypsum follows the standards associated with the
Semi Primitive classification. We are not aware that the current standard (particularly in the area from
the county line to the paved section of the intersection with CR 122) has had any documented issues.
This also follows the fact that the roadway is closed from the county line to Gypsum during the winter
months and inclement weather conditions. When closed, the existing roadway standards do generally
meet that of the Semi Primitive classifications. Adding the additional 10 ADT to the roadway does not
result in the classification of the roadway changing whether it be classified a Minor Collector or a Semi
Primitive roadway.
The access road, for the most part does meet the roadway standards of Table 7-107 for a
Primitive/Driveway classification. Areas of concern that do not meet this standard are the instances
where the roadway gravel does not meet the minimum 12' width. For the most part, it appears that this
is due, in part to the need to provide some interim maintenance of the roadway surfacing. Like the
County Road 113, we are not aware of any documented issues with the roadway width being of
concern. The area where the width appears to be in the 11' range versus the 12' minimum width is in
the tangent section of the access road between the intersection with the county road and the first
curve. In this condition, there is ample site distance to allow queuing of traffic to occur at either the
bottom of the access road or the curve above. At these two locations, there appears to be ample width
to allow traffic to safely pass two passenger vehicles. Also, as time passes and users provide more
frequent maintenance to the access road, annual road re -shaping and re -compaction of roadway
surfacing occurs, this issue (gravel width) will likely be addressed.
In summary, SGM believes the addition of a secondary dwelling unit will impose no greater impacts on
the adjacent properties. The existing shared access driveway will remain functionally adequate and
safe.
Upon your receipt and review, if you have any question, concerns or additional data needs, please don't
hesitate to contact me.
Respectfully,
SGM
Jef rey S. Simonson, PE
Principal
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004
Attachment C1 Well Permit No. 306447
COLORADO
Division of Water Resources
Department of Natural Resources
WELL PERMIT NUMBER 306447 -
RECEIPT NUMBER 9504299
ORIGINAL PERMIT APPLICANT(S)
SARAH MCNULTY
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Division: 5 Water District: 38
Designated Basin: N/A
Management District: N/A
County: GARFIELD
Parcel Name: N/A
NW 1/4 NE 1/4 Section 5 Township 7.0 S Range 87.0 W Sixth P.M.
Well to be constructed on specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does
not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NW 1/4 of the
NE 1/4, Sec. 5, Twp. 7 5, Rng. 87 W, 5 P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3)
single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than one (1) acre of home gardens and lawns.
5) The pumping rate of this well shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type
where the water is returned to the same stream system in which the well is located.
7) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well
location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be
accurate to 200 feet of the actual location. The location information must include a GPS location (UTM coordinates) pursuant
to the Division of Water Resources' guidelines.
NOTE: Parcel Identification Number (PIN): 23-2189-333-00-037
NOTE: Assessor Tax Schedule Number: R050291 (totaling 199.70 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and
Yield Estimate Report (GWS -31) must be submitted to the Division of Water Resources to verify the well has been constructed.
An extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension
request form (GWS -64) available at: http://www.water.state.co.us
•
Issued By DWIGHT WHITEHEAD
Date Issued: 8/10/2017
Expiration Date: 8/10/2019
Printed 08-10-2017
For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 1
Attachment D 1 Deed of Conservation Easement
El Kiri:r ' kG7:1' ViJr«i'L 147 �rhia'� �,�d k�, l�f� fd s ��i �I III
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NOTICE TO TITLE COMPANY: Division of the property subject to this Easement is
prohibited in accordance with Section 7.1 herein. This Easement further requires $100.00 be
paid by the recipient to Aspen Valley Land Trust or its successor at the time of every transfer
of this Property, as described in Section 16. This payment is exempt from the transfer fee
restrictions contained within C.R.S. 38-35-127.
FIRST AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
McNulty Ranch — Northwest Pasture I-II
Garfield County
THIS FIRST AMENDED AND RESTATED DEED OF CONSERVATION
EASEMENT IN GROSS ("Easement") is granted this ,23 day of February, 2015, by SARAH
LILLIAN MCNULTY ("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 and incorporated herein by reference:
Exhibit A: Property Legal Description,
Exhibit B: Map of Property.
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of approximately 187 acres of real
property known as the Northwest Pasture of McNulty Ranch, located west of Shippees Draw on
Upper Cattle Creek, northeast of Carbondale, County of Garfield, State of Colorado, more
particularly described in Exhibit A as the "Property" comprised of the "First Donation Parcel"
and "Second Donation Parcel;"
WHEREAS, Grantor donated a conservation easement in gross to the Trust by grant of
that certain Deed of Conservation Easement recorded in Garfield County on June 26, 2009 as
Reception No. 770157 over and across all of the fee simple interest in approximately 80 acres of
the Property described as the "First Donation Parcel" in Exhibit A;
Return to: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
970-963-8440
■III �!���;P�f��9s��4 �w:�!! ?�,l��������� ,'�l' ,�ii��ri VIII
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WHEREAS, Grantor now intends to donate a second conservation easement in gross to
the Trust by this First Amended and Restated Deed of Conservation Easement to grant and
encumber an additional 107 acres, more or less, of real property owned by Grantor adjacent to
the First Donation Parcel and described in Exhibit A as the "Second Donation Parcel;"
WHEREAS, Grantor and the Trust intend this Easement to encumber the Property
comprised of the First and Second Donation Parcels, and to amend and restate the original Deed
of Conservation Easement ("Original Easement") such that all of the teuns and conditions
contained herein shall apply to the conservation easements over the First and Second Donation
Parcels (to be referred to collectively as the "Easement"); and upon its execution and
recordation, this Easement shall supersede and replace the Original Easement in its entirety so
that it shall have no further force or effect;
WHEREAS, the Original Easement contained an error in the legal description of the First
Donation Parcel by referring to the NW1/4NE1/4 of Section 5 instead of Government Lot 2 in
Section 5, which error has no effect on the size or location of the First Donation Parcel, but is
hereby corrected and replaced by Exhibit A of this First Amended and Restated Deed of
Conservation Easement;
WHEREAS, the Property possesses natural habitat, wildlife, scenic and open space
(including agricultural) values (collectively, "Conservation Values") of importance to Grantor,
the Trust, the people of Garfield County, and the people of the State of Colorado that are worthy
of preservation;
WHEREAS, the Conservation Values of the Property are more particularly described in
the Baseline Documentation, described in Section 4 herein, and include the following
conservation purposes, the protection of which are recognized for qualified conservation
contributions under Section 170(h)(4)(A) of the Internal Revenue Code of 1986, as amended
("IRC'), and under Section 1.170A -14(d) of the Treasury Regulations:
• Relatively Natural Habitat [§ 1.170A -14(d)(3)). The Property is entirely occupied by
native shrublands in excellent condition. The dominant plant associations are Mountain
Big Sagebrush Shrubland and Rocky Mountain Mixed Montane Shrubland, with patches
of Two -needle Pit -ion -Utah Juniper Woodland. Sagebrush shrublands in Colorado have
been designated as rare and/or imperiled by the Colorado Natural Heritage Program, and
are of high value to wildlife designated as a conservation priority by Colorado Parks and
Wildlife.
The Property provides habitat for a rich assemblage of wildlife species, including
sagebrush dependent species, and species associated with montane shrublands and pinon-
juniper woodlands. The woodland and shrubland habitats provide valuable food and
cover for wildlife. In particular, the Property provides important mule deer habitat
throughout the year and Rocky Mountain elk winter habitat (including winter range and
severe winter range). The Property also provides important fall foraging habitat for black
bears and birds of prey, and supports numerous other wildlife and avian species.
Colorado Parks and Wildlife has designated approximately half of the Property as
bald eagle winter range and winter forage area. In addition, the Property is known to be
2
11111 kIrdNITIN:',16llill' 111 III
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within the home range of American kestrels, red-tailed hawks, golden eagles, and five
owl species, including great horned owls, long-eared owls, northern pygmy owls,
northern saw -whet owls, and western screech owls. Of the wildlife species known or
likely to occur on the Property at least eight are designated by one or more governmental
agencies or conservation organizations as having special status, including bald eagle,
Brewer's sparrow, fringed myotis, long-eared owl, northern pygmy -owl, pinyon jay,
prairie falcon, and Townsend's big -eared bat.
• Open Space [§ 1.170A -14(d)(4)]. The Property qualifies as open space because it will be
preserved 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, and provides a degree of openness, contrast and variety to
the overall landscape. A portion of the Property is visually accessible to the general
public from Cottonwood Pass (County Road 113) and nearby BLM land, which is
open to and actively used by residents of Garfield County and the State of Colorado.
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. The Property is part of the larger Quarter Circle 8 -McNulty Ranch, and
though not currently used as such, has historically provided rangeland for livestock
grazing in support of agricultural operations on the larger ranch, and compatible with
other land use in the vicinity.
o Governmental Policies. Conservation of the Property is promoted by the following
local, state, and federal governmental policies, including the goals and policies of
Garfield County, 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: Garfield County has adopted a Right to Farm and Ranch Policy. In
addition, the Garfield County Comprehensive Plan of 2030 (adopted November 10,
2010) identifies the loss of agricultural lands and rural character as a significant issue
for county residents, along with environmental impacts to sensitive ecosystems,
including wildlife habitat and important visual corridors. Section 6 — Agriculture,
states "Garfield County has preserved rural character and agricultural heritage by
encouraging the retention of important agricultural lands, working farms and
ranches... The county has encouraged conservation of lands that protect important
wildlife corridors, natural habitats, important viewsheds and other critical open
space." The goals of Section 6, which are supported by policies, are to: 1) Promote
the continuation and expansion of agricultural uses; 2) Preserve a significant rural
character in the county; and 3) Preserve scenic and visual corridors in the county.
To that end the county encourages uses of land trusts and conservation easements for
protecting agriculture. The goals and policies of Section 8 — Natural Resources, also
state that the county shall "ensure that natural, scenic, ecological, and critical
wildlife habitat resources are protected and/or impacts mitigated."
3
Iil KAMA' h!eil? kJ, UI III
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• Statewide Policies: The State of Colorado has recognized the importance of private
efforts toward the preservation of land by the enactment of Colorado Revised Statutes
("C.R.S.") §§38-30.5-101 et seq. In addition, 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 State of Colorado also has provided incentive for Colorado landowners to
protect their land with conservation easements created pursuant to C.R.S. §§38-30.5-
101 et seq. and § 170(h) of the IRC with the enactment of the Conservation Easement
Credit Against Income Taxes, C.R.S. §39-22-522, which provides a transferable tax
credit for qualifying grants of conservation easements in gross.
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 conserve,
protect, and encourage the development and improvement of its agricultural land for
the production of food and other agricultural products."
The Property contains significant sagebrush shrublands listed as High Priority
Habitat by the Colorado Parks and Wildlife ("CPW") Comprehensive Wildlife
Conservation Strategy approved by the US Fish and Wildlife Service in 2006. In
addition, the Property provides habitat for six Tier 1 Species of Greatest Conservation
Need as designated by CPW, all of which have special conservation status in the
State of Colorado (including bald eagle, Brewer's sparrow, fringed myotis, pinyon
jay, prairie falcon, and Townsend's big eared bat).
• Federal Policies: Federal legislation supports conservation of the Property through
the Farmlands Protection Policy Act and 2008 Farm Bill and extensions 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)(1)(E)(iv) of the
Internal Revenue Code, as amended by the 2006 Pension Protection Act and extended
by the 2008 Farm Bill and H.R. 4853, making the incentive effective through
December 31, 2013 and retroactive to January 1, 2012 creates a greater 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.
4
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o Significant Public Benefit. The Property is located in a rural, agricultural area of
Garfield County, where there is a trend of increased development in the vicinity of
the Property. The Towns of El Jebel and Carbondale lie approximately ten miles
southeast and southwest of the Property, respectively. Development of the Property
would contribute to degradation of the biological integrity and natural character of the
area. Conservation of the Property will increase the amount of conserved land in the
Upper Cattle Creek drainage, an area identified by the Trust as a high priority for
protection. The Trust currently holds over 2,235 acres of agricultural land and
wildlife habitat under conservation easement within a three-mile radius of the
Property, and over 1,169 acres within one mile of the Property, including easements
on the Peterson Ranch, Ranch at Coulter Creek and Quarter Circle 8 -McNulty Ranch.
The Property is adjacent to the 78 -acre Peterson Ranch conservation easement, which
will help protect the habitat connectivity of the area.
WHEREAS, Grantor intends to convey to the Trust the right to preserve and protect the
Conservation Values 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;
WHEREAS, the Trust is a charitable organization as described in IRC §501(c)(3), and is
a publicly -supported organization as described in IRC §170(b)(1)(A) whose primary purpose is
to permanently preserve and protect the natural, scenic, agricultural, historical, and open space
resources of the greater Roaring Fork and Colorado River Valleys, and who is a "qualified
organization" to do so within the meaning of IRC § 170(h)(3), possessing the resources and
commitment to protect and defend the conservation purposes of this grant;
WHEREAS, the Trust also meets requirements of Colorado law as a qualified recipient
for a conservation easement under C.R.S. §38-30.5-104, and is certified to hold conservation
easements for which a state tax credit is claimed by the State of Colorado's Division of Real
Estate as outlined in C.R.S. §12-61-724 and in Rule 2.1 of the Code of Colorado Regulations,
Qualifications for Certification to Hold Conservation Easements (4 CCR 725-4, Rule 2.1), for
the current year. The Trust is also accredited by the Land Trust Accreditation Commission, a
national accreditation program sponsored by the Land Trust Alliance, at this time; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept this conservation easement on behalf of
the Trust.
AGREEMENT
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 are hereby acknowledged, the Parties agree as follows:
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1. GRANT
Grantor hereby voluntarily and irrevocably grants and conveys to the Trust this perpetual
Conservation Easement in gross ("Easement") over and across the Property pursuant to C.R.S.
§§38-30.5-101 et seq., through the terms mutually agreed to in this Easement, and to hold said
Easement unto the Trust and its successors and assigns forever. Grantor agrees that the donation
of the Easement gives rise to a property right, immediately vested in the Trust, which 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 condition, subject to the uses of the Property permitted hereunder, including historic
agricultural use, to protect and preserve the Conservation Values in perpetuity, to prevent any
use of the Property that is inconsistent with the preservation and protection of the Conservation
Values and, in the event of their degradation or destruction, to require restoration of such
Conservation Values. The primary purpose of this Easement is to preserve and protect the
relatively natural habitat for wildlife and plants on the Property, including imperiled native
sagebrush communities and important habitat for big game. The secondary purposes of this
Easement are to protect agricultural rangeland and scenic open space of importance to the area.
(This paragraph collectively defines the "Purposes").
3. INTENT
Subject to the express reservations and prohibitions described in Section 7 below, the
Parties' intent is to permit all uses of the Property that are consistent with the Purposes of the
Easement (defined above) as determined by the Trust in its sole discretion. Nothing in this
Easement is intended to prevent Grantor's quiet and reasonable enjoyment of the Property, or 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 was prepared on June 3, 2009 by Colorado Wildlife Science,
and updated on November 14, 2014 by West Elks Ecological Consulting, companies familiar
with conservation easements, the Property, and the environs, which reports are on file with the
Parties and incorporated herein by reference (collectively, the "Baseline Documentation"). The
Trust and Grantor acknowledge and agree that by the execution of this Easement they approve,
acknowledge, and accept 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.
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5. RIGHTS OF THE TRUST
To fulfill the Purposes of this Easement, Grantor hereby conveys to the Trust a property
right and interest in the form of this Easement, which immediately vests with the Trust (as
agreed in Section 1 and stipulated in Section 14.3, herein), and includes the following affirmative
rights:
5.1. All development rights deriving from the Property in any way ("Trust's
Development Rights"), except those expressly reserved by Grantor in Section 7 of this Easement.
The Parties agree that Trust's Development Rights shall be held by the Trust in perpetuity in
order to fulfill the Purposes of this Easement, and to ensure that such rights are forever released
and terminated as to Grantor;
5.2. The right to preserve and protect the Conservation Values in perpetuity;
5.3. The right to enter upon the Property at least annually 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 Easement; provided that such entry
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, with the
exception 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;
5.4. The right, as an interest owner in the Property, toprevent or enjoin Grantor or
third parties (whether or not invitees of Grantor) from engaging in any activity or use of the
Property that is inconsistent with the Purposes of the Easement; and the right to require Grantor
or third parties, as may be responsible, to restore such areas or features of the Property that are
damaged by any inconsistent activity or use, subject to the qualifications of Section 1.3.5 herein;
5.5. The right, as an interest owner in the Property, to receive notification from and
join Grantor as a party to any condemnation or eminent domain proceedings affecting the
Property (as described in Section 14), or to any leases, surface use agreements, damage
agreements or rights-of-way that may be proposed, granted or required hereafter as a result of
mineral development (as described in Section 7.3(F)) or other activities with the potential to
impact the surface of the Property or its Conservation Values; and
5.6. Any other rights that the Parties may approve consistent with the Purposes of the
Easement, including adding additional purposes or defining additional Conservation Values.
6. RIGHTS OF GRANTOR
Grantor reserves to herself and to her personal representatives, heirs, successors, and
assigns, all rights and obligations accruing from her ownership of the Property, including the
right to engage in activities and uses of the Property not prohibited herein and that are consistent
with the Purposes of the Easement, pursuant to IRC §170(h)(4) and C.R.S. §38-30.5-102.
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7. PROHIBITED AND PERMITTED USES / RESERVED AND RESTRICTED RIGHTS
The following uses and practices by Grantor, though not an exhaustive recital, are either
permitted or prohibited by this Easement. Certain uses, where indicated, require notice to or
approval from the Trust, or both, according to Sections 10 and 11. Any other activities that are
inconsistent with the Purpose of this Easement or with preservation and protection of the
Conservation Values are prohibited. Grantor shall request the Trust's prior approval for uses not
expressly described herein when there is a question as to their consistency with the Purposes of
this Easement.
7.1. No Division of Property. Grantor may not divide or subdivide (including de
facto subdivision) the Property into more than one parcel of land, and the First and Second
Donation Parcels shall hereby be merged into one parcel of land that may not be separated again
in the future. At all times the Property shall be owned as a single parcel subject to this Easement.
Ownership of the single parcel by joint tenancy or tenancy in common is permitted; however,
actions to partition or condominiumize the Property are prohibited.
7.2. Buildings and Improvements. The construction or location of any improvements
(defined as permanent or temporary buildings, structures, mobile homes or other physical,
human -introduced development of or on the Property, including but not limited to landscaping,
fences, roads, utilities, septic systems, and golf courses) is prohibited on the Property, except as
follows in this Section 7.2:
A. Building Envelope. Grantor retains one 2 -acre building and disturbance envelope
(the "Building Envelope") on the Second Donation Parcel to be located within the 4 -acre
building selection area designated on Exhibit B herein. Grantor shall locate and survey
the precise boundaries of the Building Envelope within the selection area, and provide the
survey to the Trust for recordation, prior to any construction or disturbance therein.
Thereafter, Grantor reserves the right to construct and maintain one (1) residential
dwelling and one (1) associated Accessory Dwelling Unit, as then defined by Garfield
County, within the Building Envelope; provided the combined footprint of such
structures does not exceed 7,500 square feet. (For the purposes of this Easement, building
footprint shall be defined as the outline of the total area covered by a building's perimeter
at ground level, exclusive of decks and porches.) In addition, Grantor may construct and
maintain agricultural and accessory structures (such as sheds, barns and garages) within
the Building Envelope as permitted by then -current Garfield County regulations and
other applicable laws (as defined in Section 21.1) together with all improvements
necessary or appurtenant to Grantor's residential and/or agricultural use of the Property,
including but not limited to driveways, utility lines, septic systems, fences, corrals,
landscaping and recreational structures, as permitted by applicable laws.
B. Fencing. Grantor may replace, repair or improve existing boundary fences and
erect new fences around the perimeter of the Property, or elsewhere on the Property as
may be approved by the Trust, provided all such fencing is consistent with then -current
Colorado Parks and Wildlife ("CPW") guidelines for fencing in a wildlife migration area,
to the extent possible for agricultural use. Fencing shall be located and designed to best
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pennit the movement of wildlife onto and across the Property, protect big game winter
range, and conserve native vegetation and rangeland on the Property. In addition, Grantor
may locate temporary or permanent corrals or livestock gathering pens that do not meet
CPW fencing guidelines on no more than one acre of the Property at a time to facilitate
movement and handling of livestock. Any disturbance to the Property that results from
fence maintenance or construction shall be reseeded within three months, season
permitting, or as otherwise approved by the Trust so as to prevent the spread of weeds.
Privacy fencing and the planting of trees or other vegetation along Property
boundaries that detrimentally affects the general public's visual access to and across the
Property is prohibited.
C. Roads, Driveways and Trails. Grantor reserves the right to maintain, widen and
improve, and if necessary re -align and extend, the existing road on the Second Donation
Parcel as necessary to service the Building Envelope. The paving of roads and
construction or location of additional roads is prohibited on the Property, with the
exception that low -impact (as defined in Section 21.1), unimproved two -track vehicle
trails are pelliiitted as necessary for property maintenance and agricultural purposes.
Low -impact, unimproved footpaths are permitted for non -motorized recreation and other
uses consistent with this Easement. All such trails shall be located and used in a manner
that minimizes erosion, soil compaction, and damage or disturbance to the Conservation
Values. For the purpose of this Easement, the term "unimproved" means not graded, cut,
graveled, filled, or surfaced with impermeable materials. Recreational courses or tracks
for motorized vehicles are prohibited.
D. Aircraft Landing Pads or Strips. Dirt, gravel, paved or otherwise improved
aircraft landing pads or strips are prohibited on the Property.
E. Ponds and Water Sources. The installation, maintenance and improvement of
water catchments for agricultural purposes or the enhancement of wildlife habitat, such as
stock ponds (as defined in Section 21.1), wildlife guzzlers (which collect rain, snow and
runoff to provide a water source for wildlife), low -impact water storage tanks and other
agricultural or wildlife -friendly water features are permitted in a manner consistent with
the Purposes of this Easement and all applicable laws (terms defined in Section 21.1).
Soil, sand, rock and gravel produced during the excavation or construction of permitted
ponds may be used or relocated on the Property in a manner consistent with the Purposes
of this Easement.
F. Utilities and Technology. At the time of this Grant, there are no utilities,
pipelines or other technology infrastructure located on the Property. The granting of
easements or rights-of-way for, and the installation or construction of, any utilities,
pipelines or technology infrastructure is prohibited outside of the Building Envelope
unless otherwise approved by the Trust, and as expressly permitted below:
a. Utility Lines. Grantor reserves the right to install and maintain, and to grant
easements for the installation and maintenance of, utility lines across the Property,
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including but not limited to overhead powerlines and buried water and gas lines,
only as necessary for residential and agricultural use of the Property and property
immediately adjacent to the north in a manner and location that minimizes
damage to the Conservation Values;
b. Communications and Alternative Energy Technologies. Outside of the
Building Envelope, only low -impact, off -grid (as those terms are defined in
Section 21.1) wind- and solar -powered generators, and other low -impact
renewable energy -generating structures, such as solar- or wind -powered pumps
and solar -powered electric fences, and other low -impact, minor technological
improvements are permitted. Commercial production of energy or the connection
of energy -generating structures to the power grid requires the Trust's prior
approval, except within the Building Envelope.
c. Water Wells and Pumps. The installation of domestic and agricultural water
wells and pumps is permitted on the Property as necessary to service agricultural,
wildlife or residential use of the Property or property immediately adjacent to the
north.
Grantor shall promptly reseed and restore any surface impacts that result from the
installation or maintenance of any above-described improvements to as close to the
Property's original condition as possible within three months, season permitting, or as
otherwise approved by the Trust.
7.3. Natural Resource Management and Land Use. Grantor recognizes the
importance of good resource management and stewardship to preserve and protect the
Conservation Values. Accordingly, Grantor agrees not to alter the topography of the Property
through placement or removal of soil, gravel, land fill, or other materials nor to alter, disturb, or
impair the relatively natural habitat for native plants, wildlife, or similar ecosystems within and
upon the Property, except: (a) as necessary in emergencies, including for fire control and
prevention; (b) as approved by the Trust for habitat enhancement or restoration purposes; (c) as
specifically permitted for improvements described in Section 7.2, above; and (d) as necessary for
the uses described in this Section 7.3 below, which shall be conducted in a manner consistent
with the preservation and protection of the Conservation Values:
A. Livestock Grazing and Agricultural Uses. Grantor retains the right to use the
Property for grazing of livestock (including horses) in a manner consistent with sound
range management practices as determined by the Natural Resource Conservation Service
or its successor organization ("NRCS"), and to lease the Property for such purposes.
Because the Property contains sensitive sagebrush shrublands and big game winter range
suitable to low or moderate levels of seasonal grazing, the Trust may require Grantor to
manage grazing in accordance with a range management plan prepared at Grantor's
expense by a mutually -acceptable expert in the field and approved by the Trust, which
may involve consultation with the NRCS, Colorado Parks and Wildlife ("CPW"), or
other such qualified agencies.
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The following agricultural practices are considered inconsistent with the Purposes of
this Easement, and are therefore prohibited on the Property: (1) intensive growth
livestock farms, Concentrated Animal Feeding Operations (referred to as "CAFO' s" by
the Environmental Protection Agency), or commercial feed lots, (defined as confined
areas or facilities for animals, within which the Property is not vegetated or is not grazed
or cropped annually, for purposes of extended feeding and finishing of large numbers of
livestock for commercial hire); (2) clearing or conversion of native rangeland or habitat
to create pasture or cropland without approval of the Trust; (3) tree farms, sod farms, or
nurseries located outside of the Building Envelope; and (4) commercial horse boarding
operations. The Trust may approve more intensive agricultural use of the Property, such
as crop cultivation, in the event the Property's relatively natural habitat values naturally
diminish or change enough over time to render more intensive agricultural use of the
Property appropriate. The Trust may elect to consult with the NRCS, CPW or other then -
qualified agency or expert at its sole discretion in order to reach its determination;
B. Forest and Vegetation Management. Trees and native vegetation on the Property
may be cut, thinned or burned on a limited and localized basis (meaning limited in scope,
scale and impact so as not to affect more than 1 0% of the Property at a time, or to
otherwise significantly impact the Conservation Values) to control insects, disease and
fire; to prevent personal injury and property damage; for domestic and agricultural uses
such as firewood collection and construction of permitted fences; or to otherwise
maintain the character or health of the wildlife habitat or ecosystem, with the specific
goal of maintaining the quality of the sagebrush ecosystem and its related wildlife habitat,
which may change over time due to environmental and climatic factors. The Trust's
approval is required for any of the above peimitted activities affecting more than 1 0% of
the Property located outside of the Building Envelope, or that may significant impact the
Conservation Values. Trust's approval shall not be unreasonably withheld but may be
contingent upon consultation with the CPW, NRCS or other qualified agency or biologist.
If necessary to the preservation and protection of the Conservation Values, the Trust may
request, at Grantor's expense, a range or vegetation management plan prepared by a
qualified expert to guide such management activities. Grantor may allow wildfires to
burn on the Property and conduct controlled burns as appropriate to maintaining long-
term ecosystem health.
C. Weed Control. Grantor agrees to use best efforts to 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. Hunting. Hunting and the leasing of hunting rights on the Property is prohibited.
E. Water Rights and Resources. There are no water resources such as streams or
springs located on the Property, nor are there any water rights included in or encumbered
by this Easement; however, Grantor reserves the right to construct stock ponds and other
water features for agricultural and wildlife use on the Property as described in Section
7.2(E), above;
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F. Minerals. At the time of granting the Easement, Grantor owns only a portion of
the mineral rights associated with the Property. For this reason, a mineral remoteness
letter dated April 11, 2009 and updated October 9, 2014, has been completed by Rare
Earth Science, LLC in compliance with Section 170(h) of the Internal Revenue Code and
1.170A -14(g) of the Treasury Regulations, a copy of which is on file with the Trust.
Grantor shall not lease, sever or separate Grantor's portion of mineral rights from the
Property, nor explore for, develop, mine or otherwise extract any minerals, coal, peat,
sand, gravel, rock, soil, geo-thermal resources, oil, oil shale, natural gas or other
hydrocarbons from on or below the surface of the Property, except that Grantor may lease
to a third party the right to explore for and extract oil and natural gas only from below the
surface of the Property in a manner that is temporary and reclaimable and otherwise
consistent with the meaning, provisions, and terms of Section 170(h) of the Code and
Section 1.170A -14(g) of the Treasury Regulations, and consistent with the following:
a. Future Oil and Gas Agreements. 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 to which
Grantor is party that affect the Property. The Trust shall have the same legal rights as
Grantor to influence and control impacts to the surface of the Property from mineral
development by third parties who own some or all of the mineral rights located
beneath the Property, but shall have no rights to proceeds or royalties from such
mineral development on the Property. Trust's rights to control impact to the surface
of the Property may include, but are not limited to, the right to take whatever legal
action the Trust deems necessary in order to respond to proposals to develop oil, gas,
and other minerals from beneath the Property, including bringing judicial or
administrative actions;
Pursuant to Section 5.5 herein, Grantor and the Trust agree that neither party shall
unilaterally enter into oil and gas leases, right-of-way agreements, or surface use
agreements (except no -surface occupancy agreements) (the "Mineral Agreements")
with a third party regarding any oil, gas, and mineral development of the Property
without the other party's participation. After consultation with and participation by
the Trust in any negotiations or discussions relating thereto, Grantor shall have the
sole authority to enter into Mineral Agreements affecting the Property, provided they
comply with the Treasury Regulations and with the provisions of this Easement.
Grantor agrees that, upon cessation of exploration or extraction activities stemming
from any Mineral Agreement Grantor enters into with a third party, Grantor shall use
reasonable efforts to hold such third party responsible through enforcement of the
Mineral Agreement, or bond, to ensure that the impacted site is recontoured,
revegetated, and restored to its former condition. Upon request by Grantor, the Trust
may assist Grantor, at the Trust's expense, in Grantor's efforts to hold such third
party accountable for the Property's restoration. Wherever the provisions of this
Section conflict with the provisions of Section 13.5 below, the provisions of this
Section shall control.
G. Off -Road Use of Vehicles. Grantor's private use of off-road vehicles is peiuiitted
only as necessary for property maintenance and range management purposes in a manner
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that does not result in erosion of or compaction to the Property's soils, or interference
with the Conservation Values of the Property. Recreational use of snowmobiles and all -
terrain vehicles is prohibited on the Property.
H. Commercial and Industrial Activities. Grantor shall not conduct industrial activity
on the Property, and shall not conduct commercial activity except in a manner consistent
with the terms and Purposes of this Easement, such as grazing of livestock. Grantor
shall not conduct any more than de minimis commercial recreational activity on the
Property pursuant to IRC §2031(c).
I. Recreation. Low -Impact (as defined in Section 21.1) non -motorized recreational
uses such as hiking, horseback riding, mountain biking, cross-country skiing, and
camping are permitted on the Property in a non -intensive manner consistent with the
terms and Purposes of this Easement, including the above commercial recreation limit.
Hunting, shooting ranges, and motorized recreational use are prohibited.
J. Trash and Dumping. 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 compostable matter produced or used on the Property.
8. PUBLIC ACCESS
By terms of this Easement, 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.
9. REPRESENTATIONS AND WARRANTIES
Grantor represents and warrants that, after reasonable investigation and to the best of its
knowledge:
9.1. Except for fuels customarily used or transported in connection with agricultural
and construction activities; no substance defined, listed, or otherwise classified pursuant to any
federal, state, or local law or regulation as hazardous, toxic, polluting, or otherwise or
threatening to human health or the environment exists or has been used or released on the
Property;
9.2. 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;
9.3. Grantor and the Property are in compliance with all federal, state, and local laws
and regulations applicable to the Property and there is no existing, pending or threatened
litigation affecting or relating to the Property;
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9.4. 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, 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.
10. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS;
REQUESTS FOR APPROVAL
The purpose of requiring Grantor to notify the Trust before undertaking certain activities
and uses of the Property, as identified in Section 7 or elsewhere in this Easement, is to afford the
Trust an opportunity to update its records and, if approval is required, to ensure that the activities
in question are consistent with the terms and Purposes of this Easement. Grantor shall notice
Trust and seek its approval, according to Section 11 below, for proposed activities or uses not
described herein when there is a question as to consistency with the terms or Purposes of the
Easement or protection of the Conservation Values. Whenever notice and the Trust's approval
are required, Grantor shall notify the Trust in writing not less than 60 days prior to the date
Grantor intends to undertake the activity in question, and describe the nature, scope, design,
location, timetable, and any other material aspect of the proposed activity in sufficient detail to
permit the Trust to make an informed judgment as to the activity's consistency with the terms
and Purposes of this Easement. 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,
unless this Easement provides otherwise.
11. THE TRUST'S APPROVAL
Whenever this Easement 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 not clearly consistent
with the terms or Purposes of the Easement, such approval shall be given in the Trust's sole
discretion, according to whether the Trust determines that such activity will not damage the
Conservation Values, which burden of proof lies with the Grantor. The Trust's approval may be
withheld in its sole discretion if the Trust determines that the proposed activity would damage
the Conservation Values or be otherwise inconsistent with the terms and Purposes of this
Easement. The Trust shall set forth its determination, and the reason(s) for the determination, in
writing to Grantor within 30 days of receipt of Grantor's written notice and request for approval
(as described in Section 10, above). In the event the Trust should withhold its approval, it may
also specify to Grantor any modifications to the request that might render the request consistent
with the terms and Purposes of the Easement.
12. TRUST'S REMEDIES: ENFORCEMENT
The Trust shall have the right to prevent and correct, or require correction of, violations
of this Easement. The Trust is not responsible for monitoring for or enforcing violations of any
applicable laws (as defined in Section 21.1), permits, or third party contracts affecting the
Property now or in the future, except to the degree that any violations of applicable laws also
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violate this Easement, damage the Conservation Values, or are otherwise inconsistent with the
Purposes or terms of this Easement.
If the Trust finds what it believes is a violation, or a threat of a violation of this Easement,
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, or if immediate restoration is not possible, Grantor shall submit a
restoration 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 permitted. If the Trust is not satisfied with
Grantor's written explanation or restoration actions, the Parties agree to meet as soon as possible
to resolve their difference. If a resolution cannot be achieved at the meeting, the Parties agree to
attempt to resolve the dispute pursuant to Section 12.1, below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation, or if the Trust believes an ongoing, imminent, or
threatened activity violates the Easement, the Trust may take immediate 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 and to enjoin a violation by temporary or permanent injunction, which may
require restoration of the Property to the condition that existed prior to the violation. The Trust's
remedies described here 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 or injury to the Conservation Values, including damages for the loss of
scenic, aesthetic, or environmental values. The Trust, may apply any damages recovered to the
cost of undertaking restorative, remedial or corrective action on the Property without limiting
Grantor's liability for such damages or corrective action.
Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and
any forbearance by the Trust to exercise its rights under this Easement shall not be construed to
be a waiver by the Trust of its rights, or of any term(s) of the Easement, including any
subsequent breach of the same or other term(s) of this Easement. No delay or omission by the
Trust in the exercise of any right or remedy 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 at any time after the date upon which the violation is discovered.
All reasonable costs incurred by the Trust in enforcing the terms of this Easement,
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, 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. If the Parties agree to mediation, the Parties will equally share the cost of the
mediator's fees.
12.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed activity with the terms of this Easement, and Grantor agrees not to proceed with
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the activity pending resolution of the dispute, either Party may refer the dispute to mediation by
written request to the other. Within 10 days of the receipt of such request, the Parties shall select
a trained and impartial mediator, preferably with experience in real property law and land
conservation. If the Parties are unable to agree on a mediator, or no such experienced mediator is
available, then the Parties shall each select a qualified mediator 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: (a) promote discussion between the
Parties; (b) help the Parties develop and exchange information concerning the issues in
dispute; and (c) help the Parties develop proposals that will enable them to arrive at a
mutually acceptable resolution. The mediation is not intended to result in or be
interpreted as resulting in any modification or amendment of the terms, conditions, or
restrictions of this Easement;
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 where the Trust believes that there is ongoing
damage to Conservation Values, in which case the Trust can suspend its involvement in
the mediation to remedy this threat of ongoing violation. Representatives of the Parties
with settlement authority will attend mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be confidential
and may 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 and Fees. Neither Party shall be obligated to continue the mediation
process beyond a period of 60 days from the date of the initial meeting with the mediator,
nor if the mediator concludes that there is no reasonable likelihood that continuing
mediation will result in a mutually agreeable resolution. The Parties shall each bear 50%
of the mediator's fees.
13. COSTS, LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
13.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities
and obligations and shall bear all costs and liabilities related to the ownership, operation, 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 shall be 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;
13.2. Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability of the Trust to exercise physical or managerial
control over the day-to-day operations of the Property, or over any of Grantor's activities on the
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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;
13.3. 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) the injury to or the death of any person, or
damage to property, occurring on or about or related to the Property, unless and to the extent
such injury, death, or damage was caused solely by negligent or intentional acts or the willful
and wanton act (as defined by C.R.S. §13-21-102(1)(b)) or omission 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 and to the extent caused 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; and (f) the obligations, covenants, representations, and warranties described herein;
13.4. Waiver of Certain Defenses. Grantor hereby waives the defenses of laches,
estoppel and prescription. Grantor and waives any defenses or rights available to Grantor
pursuant to C.R.S. §38-41-119 and agrees that the one-year statute of limitation provided by
C.R.S. §38-41-119 does not apply to this Easement;
13.5. Acts Beyond Grantor's Control. Nothing contained in this Easement 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. 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. The Trust retains the right to enforce the terms of this Easement
against third parties or Grantor or both for violations of the Easement or damage to the Property.
14. EXTINGUISHMENT AND CONDEMNATION
14.1. Extinguishment. The Parties agree that any changes in the economic viability of
the uses permitted or prohibited by this Easement, or changes to neighboring land and its use
shall not be deemed circumstances or conditions justifying the termination or extinguishment of
the Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to
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implement any or all of the uses permitted under this Easement shall not impair the validity of
the Easement, 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 terminated or extinguished, in whole or in part, by
judicial proceedings after a court of competent jurisdiction has found that the Purposes of this
Easement are impossible to accomplish and has explored all options for importing other
Purposes for the Easement. 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 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, and such proceeds shall be used by the Trust in a
manner consistent with the conservation Purposes of the original Easement contribution, as
required by § 1.170A-14(g)(6)(i) of Treasury Regulations;
14.2. Condemnation. If all or any part of the Property is taken by condemnation, or by
purchase in lieu of condemnation by any 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
there from. 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;
14.3. Proceeds. Grantor and the Trust agree that the granting of a conservation
easement over the First Donation Parcel immediately vested the Trust with a property right worth
seventy percent (70%) of the full fair market value of the First Donation Parcel; and the granting
of this conservation easement immediately vests the Trust with a property right worth sixty-two
percent (62%) of the full fair market value of the Second Donation Parcel. Pursuant to Treasury
Regulation § 1.170A-14(g)(6)(ii), Grantor and the Trust further agree that these percentages shall
remain constant, so that should this Easement be extinguished, sold or taken for public use, or
terminated in whole or in part, the Trust is entitled to payment for that portion of the Easement
which is terminated, according and in proportion to the respective percentage of proceeds
described herein for the First and Second Donation Parcels (the "Easement Proceeds").
15. ASSIGNMENT OF EASEMENT
In the event the Trust is no longer able to carry out its duties and obligations under this
Easement, or if circumstances change so that another similar organization is better able to carry
out such duties and obligations, the Trust may elect to transfer the Easement and assign its rights
and obligations under the Easement to Colorado Open Lands or Colorado Cattlemen's
Agricultural Land Trust, provided the selected transferee is willing, able, and qualified under all
applicable state and federal laws and regulations at the time to hold conservation easements for
which tax benefits are claimed. If neither of these organizations is willing, able and qualified at
the time to accept this Easement, then, upon prior notice to and consultation with Grantor, Trust
may transfer and assign this Easement to an organization that is: (a) a qualified organization at
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18. RECORDATION
The Trust shall record this Easement 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.
19. AMENDMENT
If circumstances arise under which an amendment to this Easement would be appropriate
to promote the Purposes of the Easement, Grantor and the Trust may jointly amend this
Easement. However, the Trust is under no obligation to amend this Easement, and may decline
any amendment in its sole discretion. Any amendment shall be consistent with the Purposes of
the Easement, and may not affect the Easement's perpetual duration. Any amendment shall be in
writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the
appropriate Colorado County. Corrections 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. §§38-30.5-101 et seq., or IRC §170(h), or § 501(c)(3), or any regulations promulgated
thereunder. No amendment shall be permitted that will confer impermissible private benefit to
Grantor or to any other individual or entity (see Treas. Reg. 1.170A-14(h)(3)(i)), or that will
result in private inurement to a Board member, staff or contract employee of the Trust (see Treas.
Reg. 1.501(c)(3) -1(c)(2)). Amendments may be subject to a fee set by the Trust according to
Trust policies to cover its staff time, legal and other costs.
20. SUBORDINATION
The Property is not subject to any mortgages or liens.
21. GENERAL PROVISIONS
21.1. Definitions. For the purposes of this Easement, the following words and phrases
are defined as follows:
A. Grantor and Trust. The tern's "Grantor" and "the Trust," and any pronouns used
in place of those terms, refer to, respectively, Grantor and Grantor's heirs, personal
representatives, executors, administrators, successors and assigns, and the Trust and its
successors and assigns;
B. Easement. The terms "Easement," "conservation easement," "Deed of
Conservation Easement," and "Deed of Conservation Easement in gross" refer to this
legal document and to the immediately vested interest in real property defined by
Colorado Revised Statutes §§38-30.5-101 et seq.;
C. Applicable Laws. The term "applicable laws" refers to all relevant federal, state,
and local statutes, ordinances, judicial decisions, executive orders, codes or regulations
having the force and effect of law that have bearing on or may control certain uses
allowed by the Easement;
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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;
and (b) authorized to acquire and hold conservation easements for which a tax credit is claimed
under Colorado law. 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. If the original Grantor, Sarah Lillian McNulty, or her children still
own the Property at the time of such proposed transfer, the Trust shall obtain the Grantor's
approval of the transferee, which approval shall not be unreasonably withheld. After such
transfer, the Trust shall have no further obligation or liability under this Easement. Grantee shall
notify and consult with Grantor in advance of any proposed transfer, at which time Grantor may
voice any concerns as to any such proposed transfer.
16. SUBSEQUENT TRANSFERS OF PROPERTY
Grantor agrees to notify any party who may purchase, lease, or otherwise hold interest in
this Property of the terms of this Easement, and to provide a copy of the Easement and the
Baseline Documentation to such party if requested. The conveyance document shall expressly
refer to this Easement and acknowledge that all subsequent owners are subject to its terms. The
Trust shall be available to meet with any prospective recipient of the Property to explain the
terms of this Easement, either before or after closing, and to answer any questions related to this
Easement or its supporting documentation.
In addition, at any time Grantor transfers the Property to a third party, including all
subsequent transfers, that party shall pay $100.00 to the Trust to cover administrative costs
associated with the transfer, as well as to put the third party recipient on notice of the existence
of this Easement. This payment is exempt from transfer fee restrictions of C.R.S. §38-35-127
because it does not affect residential real property, and only affects agricultural land.
17. NOTICES
Any communication that either Party is required to give to the other under the terms of
this Easement shall be in writing and physically delivered or sent by first class mail, postage
prepaid, to the following addresses, or to such other address as either Party may designate in the
future by written notice to the other. Other communications not required by this Easement may
be in the form of email or other electronic communication:
To Grantor:
Sarah Lillian McNulty
7747 County Road 100
Carbondale CO, 81623
To the Trust: Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
Phone: 970-963-8440
Fax: 970-963-8441
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having the force and effect of law that have bearing on or may control certain uses
allowed by the Easement;
D. Low -Impact. The teiin "low -impact" refers to activities or improvements whose
location, use and construction have negligible or no surface impact on the Property and
do not damage the Conservation Values (meaning, they have no scenic impact from
public rights-of-way; do not result in harassment of wildlife, increased erosion or
compaction of soils; earthmoving or re -contouring of land; construction of roads or
installation of utility lines; nor damage to relatively natural habitat);
E. Off -Grid. The term "off -grid" refers to structures or improvements that do not
require utilities such as electricity or water, or that are not connected to the local or
national power grid. Instead, power or water may be provided by attached, built-in, or
adjacent energy sources or wells, respectively.
F. Stock Ponds. Stock ponds, also known as livestock water tanks," are defined in
C.R.S. § 35-49-103 and for the purpose of this Easement as including "all reservoirs
created by dams constructed after April 17, 1941, on watercourses, the channels of which
are normally dry as determined by the state engineer, having a capacity not exceeding ten
acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to
the bottom of the spillway to be used for stock watering purposes."
21.2. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado;
21.3. Liberal Construction. This Easement 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 consistent
with ensuring continuation of the Purposes of the Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid. The common law rules of
disfavoring restrictions on the use of real property and construing restrictions in favor of the free
and unrestricted use of real property shall not apply to interpretations of this Easement or to
disputes between the Parties concerning the meaning of particular provisions of this Easement;
21.4. Severability. If any provision or application of any provision of this Easement, is
found to be invalid, the remainder of the provisions shall be deemed severable and remain in full
force and effect;
21.5. Entire Agreement. This instrument sets forth the entire agreement between the
Parties with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein. This
Easement amends and restates the prior Easement in its entirety such that all of this Easement's
terms and conditions shall apply to the Easement covering the First and Second Donation
Parcels, and upon its execution and recordation, this Easement shall supersede and replace the
prior Easement in its entirety, which prior Easement will have no further force or effect;
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21.6. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or
reversion of Grantor's title in any respect;
21.7. Joint and Several Obligation. The obligations imposed by this Easement upon
Grantor shall be joint and several. If the Property's ownership, now or in the future, is by a
single entity consisting of multiple parties including shareholders, partners, or members, that
entity is required to notify its shareholders, partners, or members of the entity's and its parties'
individual rights and responsibilities, including monetary or other obligations set forth in this
Easement;
21.8. Successors. The covenants, terms, conditions, and, restrictions of this Easement
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;
21.9. Termination of Rights and Obligations. A Party's rights and obligations under
this Easement terminate upon transfer of the Party's interest in the Easement or the Property,
except that liability for acts or omissions occurring prior to transfer shall survive transfer;
21.10. Captions. The captions in this instrument have been inserted solely for
convenience of reference and shall have no effect upon construction or interpretation;
21.11. 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;
21.12. 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;
21.13. Acceptance of Gift per IRC Section 170(F)(8). The Trust acknowledges receipt
and acceptance of this Easement encumbering the Property, for which no goods or services were
provided; and
21.14. Authority to Execute. Each Party represents that such Party has full power and
authority to execute and deliver this Deed of Conservation Easement; to perform its obligations
under this Easement; that the individual executing this Easement on behalf of said Party is fully
empowered and legally authorized to do so; and that this Easement constitutes a valid,
enforceable, and legally binding obligation of said Party.
IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of
Conservation Easement as of the date first written above.
(Signatures on following page)
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GRANTOR:
By: Coret L /(0A..
Sarah Lillian McNulty
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 2j day of February, 2015, by
Sarah Lillian McNulty, as Grantor.
WITNESS my hand and official seal.
[SEAL]
M. SUMERA
Notary Public
State of Colorado
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
Notary Public L
My commission expires: 5(1072-0 ((v
BY: ,._Atdet/C Cc
Martha Cochran, Executive Director
STATE OF COLORADO )
COUNTY OF G-0,ri-4)
ss.
The foregoing instrument was acknowledged before me this 2.54day of February, 2015, by
Martha Cochran as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado
nonprofit corporation.
WITNESS my hand and official seal.
[SEAL]
M. SUMERA
Notary Public
State of Colorado
Notary Public
My commission expires: 5/W/Z4° ((11
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EXHIBIT A
Legal Description of Property
FIRST DONATION PARCEL (CONSERVATION EASEMENT NO. 1)
TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN
SECTION 32: W1/2 SW1/4 SE1/4, SE1/4 SW1/4 SE1/4, SW1/4 SE1/4 SE1/4
AND
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN
SECTION 5: LOT 2
COUNTY OF GARFIELD
STATE OF COLORADO
SECOND DONATION PARCEL (CONSERVATION EASEMENT NO. 2)
TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 32: SE1/4 SE1/4 SE1/4
SECTION 33: S1/2 SW1/4 SW1/4
AND
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 4: THAT PORTION_ OF LOT 4 LYING NORTHWEST OF COUNTY ROAD 113
SECTION 5: LOT 1
COUNTY OF GARFIELD
STATE OF COLORADO
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EXHIBIT B: Map of Property
0.125
0.25
0.5
Miles
A 'e
%, tl xi is 1614.1 Es af%
% 11
WQ
l -`-`p
2nd Donation Parcel
sMI NUNSoas_s
Not part of coliservation easement
®® 2014 Conservation Easement
J1 Building Selection Area (4 acres)
K//.J 2009 Conservation Easement
Quarter Circle 8 - McNulty Ranch Northwest Pasture
_-= Access road
X XFence
25
Attachment E I Updated Site Plan for Lot 1
FOUND 2" ALUMINUM CAP ,'
STAMPED ALAN'S LAND SURVEYING
L5 37049
OWNER OF RECORD: CHARLES W M RESTIVO
SECTION 32, TOWNSHIP 6 5, RANGE 87 W
PARCEL ID #: 218932400038
RURAL (R) ZONE DISTRICT
.•
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- FOUND 2" ALUMINUM CAP
STAMPED ALAN'S LAND SURVEYING
LS 37049
■ •
• •
•
PROPERTY BOUNDARY
NOO°04'26"E
PROPERTY BOUNDARY I1
V
•
■
•
•
1- •
••-
•
•
10' SIDE SETBACK
OR 1/2 OF BUILDING HEIGHT,
WHICHEVER I5 GREATER
•
'
1
OWNER OF RECORD: COULTER CREEK VALLEY RANCH LLLP
--7450- SECTEON 32, TOWNSHIP 6 5, RANGE 87 W
PARCEL ID #: 21893210.0032
7435 -
589038'03"E
664.24'
APPROX. BUILDABLE AREA
(^'3.8 ACRES)
APPROX. BOUNDARY
OF LANDSLIDE DEPOSITS
SOURCE: COLORADO GEOLOGIC SURVEY
RURAL (R) ZONE DISTRICT.
EXISTING FENCE -LINE`-
ALONG NORTHERN------__
PROPERTY BOUNDARY
- -7525- -
- 7520
•
\_
/// //Z. �♦
- 15/G //�•
---7540
/ //
'r.
LEGEND
- 5' EXISTING CONTOURS
BUILDABLE AREA (APPROX)
No
Color
1
5 20% SLOPES
21-30% SLOPES
31% SLOPES
No
Color
GAMBEL OAK MIXED
MONTANE SHRUBLAND
MOUNTAIN BIG SAGEBRUSH
DOMINATED SHRUBLAND
NOTES
1) 1 -METER ELEVATION DATA FROM THE USGS 3D ELEVATION PROGRAM USED TO CREATE 5' CONTOURS AND
SLOPE ANALYSIS FOR THE SUBJECT PROPERTY.
2) SLOPES LESS THAN 20% AND AREAS OF MOUNTAIN BIG SAGEBRUSH DOMINATED SHRUBLAND ARE
REPRESENTED ON THE SITE PLAN AS AREAS WITHOUT A HATCH PATTERN OR FILL COLOR.
///
' -7
/
7545
25' REAR SETBACK
//
////
%//,
< '/ '/7
LOT 1
10.03 +1- ACRES
-7495 _
RURAL (R) ZONE DfSTRICT
. •
• .
♦ ♦
. .
•
. ♦
. .
•
- 7455
APPROX. LOCATION OF
EXISTING PRIMITIVE DRIVEWAY
APPROX. 12' WIDE
•
•
1
•
PROPOSED 30' WIDE PRIVATE
INGRESS/EGRESS
& UTILITY EASEMENT FOR
EXISTING ACCESS ROAD.
REFER TO FINAL'. PLAT.
///
•
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4.
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■• ■
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■ . .
•s. ■
• \: \' • • •
•
• \ • \ \ \
• ' \ ■
APPROX. BUILDABLE AREA
("'3.8 ACRES)
100' WELL -BUFFER
7
10' SIDE SETBACK
OR 1/2 OF BUILDING HEIGHT,
WHICHEVER 15 GREATER
11
FOUND 2.5"
ALUMINUM CAP
STAMPED L5 27613
•
PROPERTY BOUNDARY
OWNER OF RECORD: DEAN A. BACON
SECTION 33, TOWNSHIP 6 S, RANGE 87 W
en
PARCEL ID #: 218933300036
RURAL (R) ZONE DISTRICT
A
-,
74 f -- -
ON-SITE WELL
DEPTH: 190 FEET
4 -HOUR PUMP TEST (2017-): 1.3 GPM 'v/' ---
DWR PERMIT: 300237
APPROX. L
EXISTING 1
GRAVELED
2' WI
ACCES
•
■
•
//// •/, '
•
58935'57"E
15
A/'
1 I ,' ,
663.87'
,OWNER OF RECORD: SARAH L. MCNULTY
/SEC'TION 33, TOWNSHIP 6 5, RANGE 87 W
PARCEL ID #: 218933300037
RURAL (R) ZONE DISTRICT
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PROPOSED 30' WIDE PRIVATE •• ►\ ,' ••\ \ 't t%
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INGRESS/EGRESS •• •♦ \ • v •+ PROPOSED 30' WIDE PRIVATE
& UTILITY EASEMENT , • %% • \ ►/ + 1 INGRESS/EGRESS
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FOR EXISTING ACCESS ROAD. ; \• ♦►► ►• �,. � % J��& UTILITY EASEMENT
REFER: TO FINAL PLAT. ' ♦ ►• ►► ,' ti FOR THE BENEFIT OF LOT 1.
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APPROX
TO CO
FROM
U
19 -MILES
UNTY RD 113
THIS POINT
25' FRONT SETBACK
PROPERTY BOUNDARY
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• • ••. : +\
7470
7465
FOUND 2" ALUMINUM CAP
STAMPED ALAN'S LAND SURVEYING
L5 37049
•
•
10
Source: Esri, DirgitalGlobe. GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
GRAPHIC SCALE
, 10 =C 417., Feet
1 1 1 1 1 1 1 1 1
Scale: 1" = 40'
DATE CREATED:
4/11/2019
PREPARED BY
-17
CO 81623
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co
co
cn
APPLICANT
CONTACT INFORMATION
SARAH MCNULTY
7747 COUNTY ROAD
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970.963.4363
CL
LU
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RURAL LAND
CO
LLJ
CC
QUARTER
A TRACT OF LAND SITUATED IN
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TOWNSHIP
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REVISION
ADDED APPROXIMATE BUILDABLE AREA TO SITE PLAN