HomeMy WebLinkAbout3.0 Staff Report BOCC 05.28.19Board of County Commissioners - Exhibits
Quarter Circle 8 Ranch Rural Land Development Exemption
Applicant is Sarah McNulty
Representative Western Slope Consulting
May 28,2019
(File No. RLDE-02-19-87 1 1)
Exhibit #Exhibit Description
1 Public Notice lnformation Form & Proof of Notice
2 Garfield County Land Use and Development Code, as amended
3 Garfield Countv Comprehensive Plan of 2030
4 Application
5 Staff Report
6 Referral Comments - Garfield County Consulting Engineer, Received
Mav 14. 2019
7 Referral Comments - Colorado Geological Survey, Received May 16,
2019
8 Referral Comments - Colorado Division of Water Resources,
Received Mav 16. 2019
I Referral Comments - Garfield County Environmental Health, Received
Mav 13.2019
10 Referral Comments - Garfield County Building Department, Received
April 16,2019
11 Referral Comments - Carbondale & Rural Fire Protection District,
Received Mav 14. 2019
12 Referral Comments - Garfield County Road and Bridge, Received
April 17,2019
13 Referral Comments - Garfield County Surveyor, Received May 17,
2019
14 Referral Comments - Colorado Parks and Wildlife, Received May 1,
2019
15 Referral Comments - Aspen Valley Land Trust, Received May 14,
2019
16 Deed of Conservation Easement, Recorded June 25, 2009
17 First Amended and Restated Deed of Conservation Easement,
Recorded February 25, 2015
18
19
Exh ibit
Garlield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property ownerc and mineral
owners.
=-L
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's offlce at least 15 calendar days prror to sending
notrce.
Allo@nthesubjectpr0pertywereidentifiedthroughrecordsrn
th{ iterf and Recorder or arrutrithr through other means flistl 5Jrrrr-r r.r iltrr'.-k
t'J)- *f ,-,)y [l,,,q"rl 0u.,,r,-- L]
r Please attach proof of certified, return receipt requested mailed nottce.
My application required Published notice.
Mailed notice was completed on the J/,,,/ aay or 4y ' / ,2o-fr.
Alr,/,20fi
I testify that th€ above information is true and accurate.
Name: .l--Yur'l : i-c..I d. I
Y_a-
Please
Notrce was published on the ,<5*( oay ot
attach proof of publication infi
My application required Posting of Notice.
-[ Notice was posted on theJj.,ql uay ot A#r, J , zofi
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
A" I ,. rDate: A,:r-./ .l_5 )( l1
>afusdby (Btn/,ed Nan,f,.)*4!i,'1 tJ'1.r. L i
r Complsts ltgms 1. 2, and 3.
I Print yom name and addross on the rEversg
so that we csn return the card to you.
r Attach thia card to lhs back ol the mailpiece,
or on lhe front ll spaca psrmlts.'r1el
delltW ddrcs dtff€rtrrl from Yes
YES. xtlar clelivery artdresa behu tl No
riBAgsrl rt
E aocresse m
ol Odlvary .a
L Anid6 Addr€ds€d to:
SIilPPEEFDRAW l-LC
7741CAl Sr RD 100
r
rLJI
EI(:l
EII:]
B
ruJI
ru
i; r' :, ; j:.rr,.. .r .,!na': 1
,t r; r r: r'.f.r--.'n rE: a "rir.i i
SPR
,i t t .lr.-i'' s'
cARBOi ALE. CO 81623
lllllllll llll llllll I ll lll lli lllllll ll lll lll lll
..l
l:t "--''*$t ? I
3. SerYlce Type
tr A.,u[ SqrstuB
i'.,,-I.
SHIPPIF]DRA\\ Ll.q
tr ftlo'llvrvlgil E:gnceo
B fugiBbrod MailE t:I ;rrr ('tttr\TY RD loo
trl.,riilll]Jr,L{;lu
Yas
rulrE
rrt
Jt5r!JIl" ArticleAddrEssed to:
PETERSOhJ, JAMES D. &SIHrffiL
R.
PO BOX rrl4
ASPEN. CO 8 t6 n- I 7 t4
llllllil lilr lllllt r li lll lil {lill ll ll ill I il lll
9590 94CI2 3547 7305 4e4g 56
D, b deli',ery address diff€r8nt from ttB{n 1?
l, YES, 6nter dBlivgy addrBs b€low:
3. SetviosTyp€
tr Addi ggnsture
g Adult SignahlrE R6dr@d Deltvory
Il CstltladMd&O
A Csr|ifiod f,/h$ n srb6 D€$Ey
tr Collrcton Ddivay
ENo
rl .i!i
siE
EfE
t 1,rul
--O r
ru
rtr:llf
rL
R.
P(J uOx I7rl
{\t,EN. C',O 8 t6t
tr Adult gsna&rB ne!frl66d Blvdry f] f,eSiEtsrd Matt Restrtc{s ritrC6rtHMdlS Odiuwy If CARBL)NI)Al"F-. e (] 8l6l.j
t loE dO
PS Form 381 1. July 2015 psN r5so-tr-00o-90i9 Domeslic Return Recalpt
r Complele items 1,2, and L
I Pdrn your name and address on the reversa
so lhet we csn lBtum the card to you..:f ttt. ,l[' 8]:l-I Attach this cald to the bsck of the mallpiece,
or on lhe front if
Inffi
O Pfofity M6llEXFE€6
n RagBurEdMalle
D Bmkrlts MBll Hesrtlcrr
DdYUy
n Rolum&cilpibr
MsrchsrdiE€
D SlgngturE Oofi llnHtloni
U SlgndueCanlimalim
Resli€f36 hlY€ry
tr AB€nt
Addr€sse{
of Delivsn
$tfior
PS Form 38'l 1, July 2015 PSN 7530-s2-os'st]sg Domestic R8tum Bscslpr
t-t7t.l
GI[!!!!!!!!1|F!
a. ssnsr.m
-{
:*3:?::::Tl1l"'_T,11^^rl.6d,ma ll ]*',',l'T,'7 !/,n EAsent il; ffi;;;;;il"*';.S^ol,p,yuo" ll * *," ,il , ,l q,,', EffiL*Hso that we can r€tum the card to you.
Attachthiscardtothebackolthemailpiece, ll B' R€clifedbv(PdntadName),-- P'q{:olDeliver ,
Artlcl8 Address,ed to: ll D. ts oetrverv address ditteifi fom itBm 1? Ltl Yei JI
I IAYDEI\!|", DY S. II. L YES,6nter dollvervliodtsss below: E No rlPoBoxlS{. tl i ,"6 E
cARBorw*LE. co 8t623 ll \. ''u E
ffi}9530 9402 3547 730s.t2d9 8i lEffiHffiiL"lctedo..iy€,y offi*** Fln Conea on Oeivg.y Mdchandl5s
E ilffii ; il;;,i Rernct.d oenyery tr sEnsluro contlmofld'
ilaI l] SigBtur6 Confitnrausn
?01,? PbeE E0UU h?qb 3aL1 ,arR€cudodoe{tuory B€.t'Ptedosrlv€rv
P$ Form 381 1. .luty 2015 psN zss0-o2-000-90s3 Oornesiic Hetum Recoipl
t Complete ltems 1,2, and 3.I Print your name and addrcs on the rcwrss
so that we can retum the card lo you,
r Attach thb card to lhe back ot the mailplece,
or on the lront ll space permits.
1. ArticlB Addresssd to:
MCNULTY. SARAH L. :
7747 COUNTY R(ND IOO
CARBONDALE. M 8I62]
ls rJdivsy sddress dlfieont frotn itam l?
tt YEE, entfi d8livery a&ress below:
II,\YT)EN.I\I:ENDY
l,() t](]\ t5i6
c',\RB()\L)..\l F. r()
l\,tc Nr ri.r\-(*li,,rn L.
7747 t'OL'\TY RUAt) l(X'
L'ARIIONDr\LL. C'(, tl l6ll
r i. ,r1.r./1n :l rr-{tolt)_.r *-_'yl
-
a{,lr4J,llri.L:.iJ
Addrws
o, Ddver)
Yes
ENo
rr)
eO
Ef,m
JIirr
Jl
trl
lf(f,
(:l
E
ru
l,
ru
rLrfE
r\.
illlrilriltilltilIlrlll lti ilff ltilll lljll[
9590 9402 35.17 7305 d249 63
3. Sarvico Typa
tr Adt l EiiCraturs
D Adulr Sirnatur8 Fl6trtcted Oelh,€ry
Catlfidd M6$O
D CsrtiM lls$ Fettld O6lhEry
tr Collrc! on Odlrery
D Coll&t on Dsltvory R&st lcl6d Oellu6y
rl
ilHEdctld Dsliv€ry
tr Prldity Msil Exprls$
(J ttqbtsr€d MslltH
tr Rogl3ierEd Ma0 Bsuiol
Hft€ry
tr Fatm Saodpl lw
Mtrchandls
E Signelure CofifirrBtirl4
D Slgnarrs Conrimrtlofl
BsEt lctsd Ddlvery
? Art{nl. Nilmh€r flranclar laa s^,i^- ,.kll
?ul,? ehIIl B00B b?qb
'{'
..[PF ? ?
B. Beceivsd by (Prt,tt$J Namel
PS Form 381 1, .tug aol5 psn 7ss0-m-00r,-s0so
3885
Oomssth R€tum RB6{lpl
.Elr!!!i!srt
a Complato itemg 1,2, and 3.
r Pdnt your name and addrw on lhe lwerca
so ihat we can rBturn lhs csrd to you.
r Atach thig card to the back ol tho mailpiece,
or on the tnont il
t. Anic.l€Addresssd b:
COULTER C&EF,K VALLEY
RANCH LLIf
PO BOX l7l4
ASPEN, C(}816l?-1714
C. Oatsal Deltvat 5
dl€6s llornnsrn t?Yd3
ll YES, anl€I (bllv8ry ddrB bslow:BNo
3. ServiooType
tr Ad![ Slgndulg
n A{,lrt$snihnE FesrEtad DdlvE y
tl Cttfird llls$$
C.,tmd lrd F6rtobd Ddert
Cdlac'i on Oetvcry
n Co{l.ct on Ddlrory Fb6't UGd Bdtrry},n '--,''4r rrfll
lf qf &slRdlgHDolrty
dtl
LN
,-E nsanr ru
El Addrussc m
i
rL
-.o
r] FttrttvMalAses@
D Rmcriott iradE f*
tr Ra;Eils'fd Ma[ R8strlcl r{DGfi,€ry EtrBlG.rnBEBlb f!
M6ntrtr6b6
E SonstwE cofifirmton!
tr S€naCur* Conltrmsrbr
B*dcrao Dc{vsy
(:l
E(3
Ef
tf
ru
JI
ru
rillllll llll ill lr I lt lll lll illll ll ll llllll lll
9590 9402 3547 7305 4249 9:l
2. Artcls Nurnber fframet fotn ssvrcs hbe,
?01,7 eball gu0CI L?qb
--l
I
i.l
^:n?!!ll+r/ ?I
; PS Farm 3811" July 2015 PsN 753&oe-0u!-srg
a Completo ltsrns 1,2, and 3.r Prlnt your name and addrws on the reversg
so that wB c8n rslum ihe card to you.
I Attach thls card to the back of the mallpiece,
or on ihe lront if space permlts.
FAMILY TRUST JOSH M &
BRANDY J COTRUSTEES
PO BOX 2870
CLENWOOD SPRINGS. CO 8I602
tlornestlc Retwn Racdpt
ru
rur:l
m
--E!r!
JT
tf
EI(f,
E
c3
ruJI
ru
rLrtE
rL
D e&nr
ffnoa.*."""
C. 0ata o{ Dellvery
l-; I' j
1. ArtcrBAddrBssedto: ll D, UOamrydffiissOfgrentfrfinit€nri? E Yes
SUNSHINE. JOSH & BRANDy ll rYEs.entrddvaryaddrasabdow: E No
lllllllllllllllllllllllll llrllillllllilllll|l lEiffi{f"* EH$H'm"."- - --' : :: - ' ltr Hrbd M6B' r Dglit€ry
9590 9.102 3547 7305 ^1249 25 lucuttiroualnaul:lairi*rar trFern'Recc$ftr
lIt t}armmfutlw MtrEfiffdh€
E ffi*Hffi B6irisr6d Da$vary
=
$ffiffftf:gy-_ Udt E $gmrwconllrmlofl?Ul,? ebeo nEBB b?r{b 31ee -iilnu*,o,"oo"r*"ry n&rusdDd,,!,y
BRANI]}' .I C'OTRI IS I'F,F,S
PC) B()\ :870
(iLLNWCI()D \PRIN(iS. L'() II()01
f:3,llrdl il'1rl I h'
Arffi ? F,ffi$
FAN",|II-Y TRI. S I .IOSH \'I &orao"
PS Form 381 1, .lury aols psN 783&02-or)0-s0sg Dsn6tic Retum Rocsipl
A
rot
rum
-!t
ruJI
EI
Ef,
trtE
Ef
ru
J'
ru
r!rl
trrr!
rorr
trtm
-Jl
r\
-D
EIE(f
(3
tr
ruJI
ru
r\
,-1
[f,r\
4.I:5 PONCE DE LLON BI,VD.
5TI{ FLCNR MAII"ROOM
CORAL CABI-ES. TL ]J I.16
:mirr*EmbEAii
iE.r;r r:'-
ki i,,, r;,qqS"P'PfiN^PAL L
fc,,,, ,,.,r. ..,,',r'
:tiiltilmfiilii
Eo
ct
r.:lm
-Dffr
-.o
E
EI
trttf
E
ru
-!ru
rrr;l
EIr!
il
n
ti,"it,*iM;i.F** $j,1n
I s!r!r{sl & lsg ! l+ff,l *.* .-yrrr ree
,rs._rrrlE{{r,tn{$n.yl 1
tlfltnr F4:orFl r*-:rorEt ,
i] (;drlilod Mal Ra6t'lctN (reil,$!
L-i Alh| Sq.iatu!* ;rsurr$S
l:lAdrll 8i!r{!Me n*srrid fdr*Fr'
I 5;"1 . r,r
RESTTVO. G#$flLES \\'
P() B()X D5 t
CA RBONDALI]. CO It I 62-1
ttttnit
j] rer,6p ;rs6J1' ,64,,r*r i
t- qsrurr, p6sor,ffiyomcr &
ll '.eril&t Mdi Bk,.r(j# tEnq t
i: r{r4 :}qruhr* tisaumd t
l]A{rrl Si{Ld!r( ndrmxrcd fidtudr A
$
HOLMES. B9.Qb,R'r ilr
, lr.r cil..r i,'1.! .I, F;;'*, 'm;.il,r{rttrh rt(a[tr (hnrd.({1r, N
Ll,'ur,ur,,rx,"rrl t*,e rr,u,:r l
i] .!'rl(dj M0{ lhqil'rds: [cilwv ri
i-l4 l ,1 i)rtra1.ft rld[xild t,
n ^J.ll
SFurrr, Hdanr.1.(l Lenlrrrj t
,-it _- -r.r,
8r6(11
Ad#:0000412205-01
Customer: \ /ESTERN SLOPE CONSULTTNG,
Your account number is: 1 023467
PROOF OF PUBLICATION
RIFLE CITIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Samantha Johnston, do solemnly swear that I am
Associate General Manager of the RIFLE CITIZEN
TELEGRAM, that the same weekly newspaper printed, in
whole or in part and published in the County of Garfield,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said County of Garfield for a period of
more than frfty-two consecutive weeks next prior to the
fiBt publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the UniEd States mails as a periodical under the
provisions of the Act of March 3, i879, or any
amendments thereol and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
flrtPl8t'88n"r"0 tegat notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper daled 412512019 and that the last
publication of said notice was daled 4l2SlZO19 in the issue
of said newspaper.
ln witness whereof, I have here unto set my hand this day,
5t9t2019.
@/t'--
Samantha Johnston, Associate General Manager
Subscribed and sworn to before me, a notary public in and
for the County of Garfield, State of Colorado this day
5t9t2019.
$,*t"p.-*filcJ.'
Jerilynn Medlna, Notary Public
My Commission Expires: August 3, 2020
PU&C MTCF
TAKE NOTCE har &Gh Hui/ Es sh,ud!. blt.ro. ro o. GeneE 6udv tud.r
C@ory Cmnr$rcne6 lor a Fur.r und Dadoonod Er.mdr@ tu or@rtu 's Mtd rnh'n tfucdnvor &d#, si.ta ot cobn&i b wn:
To*dP 6 tuh, tu@ 87 W6t A6 P Skion@ SLSE!tubn$ WrSWk
TowdpT Seh, tu@ 87w6t 6b F M&d@arda$di@ 5: @ 1 and 2
P,ddhrdpild: fts m@r,s t@MEmrirubrv 65 mik nod.d d th. Te^ dcr&dd., 03 mil6 M th. &d6Mroktuu@ ber lhaow6il Br@ 6 Is 096cE;'nsz. sd 6 hnom E Affir P&d No 2tB9l3.@7 Pn@ry ae E m hne Fos1r.r lneFoFry6roMard
hcdpen d Fqd: h. b,ani p@*slo uril[e lho Rld bnd DftteEd E,€@rhpr(:x ro o@re a r0ol ac@ ror iLor fl tM rE1$S ac6 pdnr ftd De lGec oa@ stwd b & lryDd *ih. .qretd[y 16.d.n6sed *ilh onsEmr.r E.d s.r rtu*, FEr ft mpilry or lru Brlnr@ @,d ,1!d.rco€Bdio 6a*md
Alr F6oG lrrdd ry $6.dM aE nrnd b.rd d lbE rhdryi.6, pdd. or luMI p ennd 9E Fcffaty .t 3ud nsnE,
rh6n p .re lrd to sb er vbG b bnor 5sho tud d 6uny @omBro@B r[ O{ @nUfun6'no,@dom@ aE dh6 sil.d, n dedhg tuhor loemo€. d!@vs ulh Mdtun. o, kv 6.G,ri
lc' Cr@8 Rad Fud lad &edom6ntE'sF.'e..r ft.br.r!,o.fuvero&w d h d@ d he GdreE furN &hhurry Ddd@@d htued r@ted ;t !ethslmt 4hFla sorhIo! &6da r.toPrr-,i h lh'q Ghnffi *nF .d.rffiOdsoltu htucol8@ a.h sd4 S D m, Mon.day h@h F.&y. ft6 @tc![r @n .Irc EvMd d "&pxetffi un&r F6v€*'m tb Gd.
n€h tu, ds., Qmunlv &wtomd &.padmdr (tueh tuFi. No. BLDE.02 ri, FilI
ft'E rbrc turrhO hr@ tu kd d ftunNComds0€6 B En Mk br Tu.rdrr'tr, 4, Xto .r lr@ pn. dd wl b btd;lh€ c&^ry a.nmcse6 Me6im tuom. G.r.nsE Counry P@ Budm 105 th Sk€6rGblid Srnss, Ad.& -
PudGhd i.
'he
q'e TeborEn 6 funr 25 &19m&t2m5
Exh ibit 5
TYPE OF REVIEW
PROJECTTITLE
APPLTCANT (OWNER)
REPRESENTAT!VE
LOCATION
REQUEST
ZONING
COMPREHENSIVE PLAN
Board of County Com missio ners 5 I 28 I 20L9
RLDE-02-19-87LL
CD
PROJECT !NFORMATION AND STAFF COMMENTS
Rural Land Development ExemPtion
Quarter Circle 8 Ranch Rural Land Development Exemption
Sarah McNulty
Western Slope Consulting, LLC
The property is located approximately 6.5 miles northeast
of the Town of Carbondale, 0.3 miles from the
Garfield/Eagle County border. lt is known by Assessor
Parcel No. 2189-333-00-037.
The Applicant proposes to utilize the Rural Land
Development Exemption process to create a 10.03 acre
lot from the L96.99-acre parent parcel. The L0-acre parcel
is proposed to be improved with a single-family residence
served with on-site water and sewer and solar power. The
majority of the parenting parcel is protected by
conservation easement.
Rural
Residential Low (10+ Acres/Dwelling Unit)
I. DESCRIPTION OF THE PROPOSAL
The Applicant has submitted an application for a Rural Land Development Exemption to
subdivide a 799.7-acre parcel of land into two lots. The majority of the parcel is under
conservation easements administered by Aspen Valley Land Trust (Reception Nos. 770157 and
859596). As stated in the easement documentation, the primary purpose of the easements are
to "preserve and protect the relatively natural habitat of wildlife and plants on the Property,
including imperiled native sagebrush communities and big game summer and winter range.
Secondarily [the easement] protects agricultural rangeland and open space of importance to
the area."
The Applicant proposes to create one small 1O-acre parcel in the northeast corner for
development of a single-family residence that will be served by an existing well and a proposed
Onsite Wastewater Treatment System. This 10-acre portion of the parcel is unencumbered by
conservation easement. The Applicant proposes that the parcel would be served by solar
energy for electricity. Access to the parcel is via a graveled access road and primitive driveway
accessing off County Road 113.
The larger 1.86.96-acre remainder parcel that is encumbered by the conservation easement is
currently open space that allows one 2-acre building envelope with accompanying
development restrictions dictated by the easement. Because the large majority of the parcel is
under conservation easement and the owner does not intend to develop the 2-acre buildable
portion of the ranch in the near future, waivers from submittal requirements and standards
have been requested.
The overall t99.7-acr" p.ri"i is crrr"niiy rna"r.rop.o, iirir'rira JiliJviru *p"srrphr
Vegetative coverage consists of gambel oak, service berry, sagebrush, rabbit brush, native
grasses and limited pinyon pine and juniper. No surface water or wetland features exist on the
parcel. The proposed 1O-acre parcel (Lot 1) lies in a natural basin with an elevation range
between 7,4LO and7,S2ofeet. Lot 1 is accessed via graveled access road and primitive driveway
accessing off County Road 113.
Figure 1: Context Map
Figure 2: AerialView
!:IeilWt, ilH i,f$ qrylrri, i1i'$t a
Figure 3: Google Earth view of Lot 7
Figure 4: Lot 1 Building Site (looking South)
Figure 5: View from Lot 7 (looking East)
lst Donatiou Parcel
2nd Donation Parcel
aatr-att
ijji aou Csnsrrvalipn Eassrnenl
E auo0ftrg Sel€cllbn A(.4 (4 acr€s)
WA zgqg conrerva(on Eassrnen(
Fl Ou.tt t Qr$lE S'McNulry Ransh No{hstsl Pasturc
x** f;69933 1996l
X:--)tFenre
Figure 6: Conservation Easement Diogram
III. WAIVER REqUESTS FROM STANDARDS
The Applicant has requested the following waivers from standards:
o Article 7-704 - Sufficient, Adequate, Legal and Physical Source of Water
o Article 7-LO6 -Adequate Public Utilities
o Article 7-LO7 - Access and Driveway
IV. AUTHORITY - APPLICABLE REGUTATIONS
The following sections of the Garfield County Land Use and Development Code are applicable
to the proposed application:
A. Section 5-203 sets forth Overview, Review Process and Review Criteria for a Rural Land
Development Exemption.
B. Table 5-103 of the Land Use and Development Code (LUDC) designates a Rural Land
Development Exemption (10 Lots or Fewer) as requiring a hearing before the Board of
County Commissioners and requiring mailed, published and posted public noticing.
C. Table 5-401 of the LUDC sets forth the submittal requirements for a Rural Land
Development Exemption application.
D. Article 7 of the LUDC sets forth General Approval Standards in Divisionl, General
Resource Protection Standards in Division 2, Site Planning and Development Standards
in Division 3 and Subdivision Standards and Design Specifications in Division 4.
V. PUBLIC AND REFERRAL COMMENTS
The Applicant has provided documentation that all required notice mailings, posting and
publication has been completed in accordance with the LUDC. No public comments were
received as a result of the public notice. Referral Comments received on the Application are
attached as Exhibits and summarized below:
A. Garfield County Consulting Engineer (Exhibit 6): The wellfor Lot l will need to be re-
permitted; a storage and pumpingsystem forthewellwill be necessary. Plat notesfor
grading and drainage plans and engineered OWTS should be added.
B. Colorado Geological Survey (Exhibit 7): A geotechnical investigation should be
required for any new construction on the site; the home site should be located to
minimize grading requirements; a geotechnical professional should determine
maximum allowable temporary/permanent cut/fill specifications; vegetative cover
should be left intact and reestablished as much as possible.
C. Colorado Division of Water Resources (Exhibit 8): No objection to the proposal as long
as the existing well on Lot 1 is re-permitted. No objections to a well being constructed
under the existing well permit for the parenting parcel as long as the conditions of
approval of the permit are complied with.
D. Garfield County Environmental Health (Exhibit 9): The OWTS should be designed and
installed according to County regulations; water quality tests are recommended
annually; any dwellings built should utilize radon-resistant new construction practices.
E. Garfield County Building Official (Exhibit 10): Building and OWTS permits will need to
be obtained for any future single-family dwellings.
F. Carbondale and Rural Fire Protection District (Exhibit 11): Access is adequate for
emergency apparatus; development will be subject to impact fees adopted by the
District.
G. Garfield County Road and Bridge (Exhibit 12): No concerns with the application;
current access off of CR 113 may require a driveway permit.
H. Garfield County Surveyor (Exhibit 13): No comments or corrections
l. Colorado Parks and Wildlife (Exhibit 14): Does not have any recommendations as the
impacts to wildlife will be minimal.
J. Aspen Valley Land Trust (Exhibit 15): No objections to the proposal.
Comments have not been received from Bureau of Land Management, US Forest Service or
Eagle County.
VI. STAFF ANALYSIS
Article 7, Division 1: General Standards
Section 7-LOL: Compliance with Zone District Use Regulations
The proposed exemption is in general conformance with the dimensional standards of the Rural
zone district. The minimum lot size in that zone district is 2 acres. The smallest lot in the
proposed exemption is 10 acres. Based on the Applicant's site plan submittal, future structures
on the site will be compliant with building setback requirements.
Section 7-LOZ: Conformance with Comprehensive Plan and Compliance with lGAs
The property is designated as Residential Low in the Comprehensive Plan. This means that the
suggested density is 10 or more acres per dwelling unit. The proposed exemption achieves this
density and appears to be in general conformance with the Comprehensive Plan.
Lmo Use
Desrcxmox D*crumor Coxnnnsle Zorne
Residential
Low (RL)
Agricultural and related uses as well as home
occupation uses that can be adequately buffered
from adjacent incompatible uses.
Rural{R}
Planned Unit Development
(PUD)
Densrty of residential uses:1 du pell0 acres
Example:
Figure 7: Comprehensive Plon Excerpt
Section 7 -LO3z Compatibil ity
The parcel is surrounded entirely by Rural zoning with rural residential, agricultural uses and
open space. The proposed size and use of the exemption is compatible with surrounding
parcels. Proximate parcels range in size from L4 acres to 1,271acres. The smallest lot created
by this exemption would be approximately 10 acres which is aligned with the Comprehensive
Plan's recommended minimum density for the zone district. The Applicant anticipates this
parcel would be built-out with a single-family home, a use that is compatible with surrounding
land uses. The remaining 187 acres will remain under conservation easement.
Section 7-LO4: Sufficient, Adequate, Legal and Physical Source of Water
The Applicant has proposed to supply water to the L0-acre parcel with an existing well (permit
No. 300237). The application was reviewed by the Colorado Division of Water Resources. The
Division's referral comments concluded (Exhibit 8):
While we cannot guarontee the issuance of the any well permit - on application must be
submitted for evoluation - this office does not hove on objection to this proposol os long
as the existing well on proposed Lot 7 is re-permitted as described obove."
Staff has included a suggested condition of approval that the Applicant re-permit the well for
Lot 1 prior to the BOCC signing of the plat.
The Applicant completed a pump test on the well that was reviewed by the Applicant's pump
company and the County designated engineer. Both raised the issue that the well pump test
shows a poorly producing well (1.3 gallons per minute) and will require a system of storage and
pumping in order to make the well a viable water source for a residence. Staff has included a
plat note that will require the lot owner/developer to provide any necessary
plans/specifications for on-site water storage/pumping facilities to the County at time of
building permit for Lot 1.
The Applicant completed a standard bacteriological water test on the existing well on
November 29,2O!7 which indicated that total coliform and fecal coliform were both absent. A
raw water quality analysis for the well was also completed on October 24,2OL7 which identified
no issues with water quality. Garfield County Designated Engineer did not indicate any concern
with water quality. lt is Staff's opinion that the water quality test for Lot L is current enough to
accept for water quality submittal requirements.
A residentialwell permit (No. 306447)has been obtained forthe remaining L87+ acre parenting
parcel. The permit was issued pursuant to Section 37-92-6O2l3XbXll)(A), C.R.S. as the only well
on a tract of 40 acres. The Division's referral comments concluded:
And if a well is constructed under the other well permit, Permit No. 306447, this office
would not have an objection to it serving the porenting parcel as long as the conditions of
approval of the permit ore complied with, including that the porcel remoins as a 40 acre
tract. Otherwise it too would have to be re-permitted.
Pursuant to state statute, the Applicant has the legal right to obtain a well permit on this 35+
acre parcel and therefore has legal water in accordance with the Garfield County Land Use and
Development Code. The Rural Land Development Exemption criteria requires a legal and
physical source of water for all exemption parcels. Because the Applicant does not plan to
develop this larger conserved parcel, a waiver is requested from well drilling, testing and
pumping requirements for Lot 2. Due to Lot 2's large size, its historic use as an undeveloped
ranch and the existing conservation easement encumbering the parcel (except for the 2-acre
building envelope), Staff is of the opinion that a waiver from standards is warranted.
lf the Board chooses to grant this waiver, Staff has included a plat note that would require
the lot developer/owner to drill a well and test it for water quality and pumping rate if
development ever occurs within the designated building envelope within the conservation
easement on Lot 2.
The waiver process allows the Board to consider site and use-specific considerations of this
application. The Board may grant a waiver from this section provided that:
L. lt achieves the intent of the subject standard to the same or better degree than the
subject standard; and
2. lt imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of this Code.
Section 7-105: Adequate Central Water Distribution and Wastewater Systems
The application indicates that both lots will be served by Onsite Wastewater Treatment
9
Systems (OWTS) when development occurs. The application also explains that because the size
of Lot 1 and the size of the building envelope on Lot 2 off er several locations where a residence
could be constructed, the future lot owners will be responsible for identifying an appropriate
site for OWTS on each parcel.
NRCS Soil Survey information indicates that site soils may limit the use of a conventional OWTS.
Garfield County Designated Engineer referral comments also indicate that because of this,
requirements for an engineered system (OWTS) should be added to the plat notes. Staff has
recommended the inclusion of a plat note requiring an engineered OWTS at time of building
permit for both lots.
Section 7-LO6: Adequate Public Utilities
Section 7-L06 requires that adequate public utilities be available to serve the land use and that
the Applicant make the necessary arrangements with each service utility for the construction
and installation of required utilities. The Applicant makes the representation that the proposed
lots are intended to provide the lot owner(s) with the opportunity to enjoy an "off the grid"
living experience and is therefore requesting a waiver from this standards section.
The application also indicates that the Applicant would incur an unreasonable financial
burden if required to extend utility lines to the proposed lots and that the extension of
utilities to both lots could also have significant adverse impacts on local flora and fauna, as
well as the aesthetic values of the area. Due to the considerable cost of extending electrical
and natural gas services to both lots as well as Lot 1's favorable southern exposure, the
Applicant is proposing that a solar electric system be used to serve both properties when
developed. No referral agency indicated any concern over this waiver request.
lf the Board chooses to grant this waiver, Staff has included a plat note that would require
the lot developer/owner to submit any required plans, documents and/or specifications for
the electrical and heating systems at time of building permit.
The waiver process allows the Board to consider site and use-specific considerations of this
application. The Board may grant a waiver from this section provided that:
3. lt achieves the intent of the subject standard to the same or better degree than the
subject standard; and
4. lt imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of this Code.
Section 7-tO7: Access and Driveways
Lot 1 is accessed by an existing gravel driveway from County Road 113 (See Figure 8). A 3O-foot
wide private ingress/egress and utility easement along this access road is noted on the Final
Plat to ensure that the lot owner(s) has legal and physical access from County Road 113.
Maintenance of the graveled road will also be addressed within this easement agreement. Staff
has included a condition of approval that this easement document shall be provided to the
l0
County Attorney's office for final review prior to BOCC signature of the plat. The Applicant
indicated that a Garfield County driveway permit has been issued however referral comments
from Garfield County Road and Bridge indicated that a new driveway permit may be required;
Staff included a condition of approval to satisfy this requirement.
Because this access road does not fully meet County roadway standards found in Table 7-!07
of the LUDC, the Applicant provided a review of the existing access driveway completed by a
professional engineer. This review concluded that while the roadway did not meet all county
standards, it will remain functionally adequate and safe with the addition of the proposed
development.
Figure 8: Access Drivewoy to Lot 1
Lot 2 has legal access in that it has frontage on County Road 113 with an access road crossing
through to Lot L. The lot does not have physical access in that no access roadway has been built
to physically access the building envelope on Lot 2. The Applicant has indicated that the exact
location of the driveway for Lot 2 will be determined at time a building permit and that it will
be constructed in an easement that crosses the Applicant's adjoining property to the south. As
represented by the Applicant:
A new driveway, occessing Lot 2, is to be constructed from the west side of county Rood
71j. lt is anticipoted that the occess point for this drivewoy will be located approximately
7,500 to 2,000 feet southwest of the existing occess rood, where the naturol topography
is better suited for a drivewoy to Lot 2.
Because Lot 2 does not have physical access to the building envelope, a waiver is requested
11
from the requirement of building an access road to the building envelope on Lot 2. lf the
Board chooses to grant this waiver, Staff has included a plat note that would require the lot
developer/owner to build this access road to the required roadway standards in the Land
Use and Development Code and to provide the County with any easement documentation
if access is proposed to cross any other parcel.
The waiver process allows the Board to consider site and use-specific considerations of this
application. The Board may grant a waiver from this section provided that:
7. lt achieves the intent of the subject standard to the same or better degree than the
subject standard; and
2. lt imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of this Code.
Section 7-108: Natural Hazards
Referral comments from Colorado Geological Survey indicate potential constraints with a
previously mapped landslide, potentially unstable slopes, expansive soils and collapsible
and/or hydrocompactive soils and bedrock. CGS agrees that the approximate building
envelope location for Lot 1 avoids steep slopes and the mapped landslide to the immediate
west, however:
"...excovotion in the toe areo of on octive, inactive or metostoble londslide or unstoble
slope hos the potentiol to reoctivote the earth moss ond cause movement ond domoge.
Risk of slope instability moy increose os o result of events thot reduce hillside vegetotion,
such os diseose, wildfire, groding, creation of defensible spoce, ond other disturbonces.
CGS recommends the following to reduce potentiol damage associated with
construction-reloted slope instobility and shollow failures such os creep and slumping:
o The proposed home on Lot 7 should be located such that groding requirements,
and the need for retoining walls ore minimized to the extent possible.
o A qualified geotechnical professionol should determine maximum ollowoble
temporory and permonent cut/fill heights ond slope angles.
o Driveway retoining walls, building foundotions, and upslope walls thot will
function as retoining wolls must be designed by o quolified geotechnicol or civil
engineer, and must include odequote behind-woll drainoge.
o Existing vegetotive cover should be left intact to the extent possible, and every
effort should be mode to restore native vegetotion within disturbed oreos os
quickly os possible. lrrigotion beyond the bare minimum required to reestoblish
notive vegetotion should not be permitted.
Staff has recommended including a plat note on the final plat requiring a geotechnical
investigation prior to any development on Lot 1 or Lot 2.
t2
Section 7-109: Fire Protection
The application was referred to the Carbondale and Rural Fire Protection District. The Deputy
Chief indicated that water supplies for fire protection would be provided by hauled water from
the Fire District and that the access to the new lot is adequate for emergency apparatus.
Development impact fees will also be required prior to the recording of the final plat; this is
included within a condition of approval prior to BOCC signing of the plat. No other concerns
over the application were indicated in referral comments from the District.
The subject property is within a very high wildfire hazard area according to the Wildland Fire
Susceptibility lndex of the Community Wildfire Protection Plan. Because of this high rating, Staff
has included plat notes based on the requirements of the code that no development shall occur
on any slopes greater than 30% and that the roof materials of any structure built on either lot
be comprised of noncombustible materials.
i-l-l run 240 661 Aues [ffii n,gn 145 838 Arl:es
ffi lot" 1 194.700 Acre.u l -] Verv High 65790 Acres
[-__l hlod"rute 246.396Acres
Figure 9: Wildland Fire Susceptibility
Article 7, Division 2: General Resource Protection Standards
Section 7-zOL Agricultural Lands
The proposed Exemption should not impact any adjacent agricultural lands. Once subdivided,
the owner will be able to build a single-family residence on the new lot, development that is
compatible with similar low-density residential properties on surrounding lots. The
conservation easement protecting roughly 95% of the parcel allows for historic agricultural uses
l3
on the land. Any single-family development on either lot will not impede surrounding
agricultura I operations.
The title commitment submitted with the application identified the possible existence of a ditch
on the property. The Applicant clarified this issue by stating:
The ditch agreement recorded June 24, 1929 os Reception no. 1.04583 is o "Findings and
Decree" ordered by Judge John T. Shumate for the benefit of Thomos McNulty for the
Coulter Creek Ditch with o Priority no. 252. This document refers to o headgote which is
locoted ot o point on the eosterly bank of Coulter Creek in Section ji, Township 65, Ronge
87W of the 6th PM. lJsing the legal description contained in the "Findings ond Decree" it
wos determined that the heodgote is in the northeost quorter of Section 34 of Township
65, Range 87W. Both locations are North and East of the subject property. The actuol ditch
alignment, if ony, is not described in the "Findings and Decree". However, the subject
1"96.99-ocre porcel has never been irrigated. lt is drylond posture ond topogrophicolly
woter f rom the described heodgate connot physically flow to the subject property becouse
of elevotion differences.
It is represented in the application that the Applicant and their family, who have owned the
property since it was homesteaded, have never observed a ditch and affirm to the best of their
knowledge that no ditch or ditch easement extends to or across the property.
Section 7-2OZ Wildlife Habitat Areas
As the majority of the parcel is under a conservation easement administered by Aspen Valley
Land Trust, Staff anticipates very minimal impact on wildlife with any future development. The
application was referred to Colorado Parks and Wildlife who indicated the impacts to wildlife
would be minimal and did not have any further recommendations. Comments indicated that
the conservation easement is beneficial for preservation of deer and elk winter range habitat
and that the location of Lot 1 near existing structures in the area was also beneficial to wildlife
due to the clustering pattern of development.
Section 7-2O3 Protection of Waterbodies
The Applicant has indicated that no waterbodies are located on the site. Staff has not identified
any waterbodies onsite and therefore finds that the application meets this standard.
Section 7-204 Drainage and Erosion
The application is not proposing to significantly alter existing grades or drainage patterns of the
site; residential development is anticipated to have minor impacts on the property's existing
native areas. The future lot owner(s) will be responsible for preparing and submitting any
required plans to Garfield County Building Department at time of building permit. The
application was reviewed by the Garfield County designated engineer who indicated that
requirements for site-specific grading and drainage plans should be added to the plat notes;
this requirement has been added to the recommended plat notes.
t4
Sections 7 -2O5 Environmental Quality
No water or air quality issues are anticipated from the proposed project.
Section 7-206 Wildfire Hazards
Refer to Section 7-L09 of this report.
Section 7-2O7 Natural and Geologic Hazards
Refer to Section 7-LOB of this report.
Section 7 -2OB Reclamation
No disturbance that would require reclamation is anticipated as a result of the creation of the
proposed exemption.
Article 7, Division 3, Site Planning and Development Standards
Section 7-301 Compatible Design
The proposed lots and uses are generally compatible with surrounding residential and
agricultural land uses.
Section 7-3O2 Off- Street Parking and Loading Standards
The Applicant has demonstrated through site plans and a statement, that adequate parking
exists or will exist on the site.
Sections 7-303 Landscaping Standards
The Code specifically exempts single-family dwelling units from Section 7-303.
Section 7-3O4 Lighting
All exterior lighting will need to be downcast and comply with County standards'
Section 7-305 Snow Storage Standards
Adequate snow storage exists on the property.
Section 7-}OG Trail and Walkway Standards
No recreational or community facility access areas are proposed and as such a pedestrian
connection is not feasible.
Article 7, Division 4, Subdivision Standards and Design Specifications
Section 7 -4OL General Subdivision Standards
Maintenance of the graveled access road will be addressed by an Easement Agreement as
included on the final plat. Staff has included a Condition of Approval requiring review and
approval by the Community Development Department and County Attorney's Office prior to
final approval.
15
Section 7-4O2 Subdivision Lots
No issues with lot configuration pursuant to this section have been noted. Final review and
approval of the plat by the County Attorney's Office and the County Surveyor shall be required.
Section 7-403 Survey Monuments
Compliance with these requirements will be confirmed through referral of the plat to the
County Surveyor's Office. Compliance with any referral comments, corrections, and/or edits
required by the County Surveyor should be included as Conditions of Approval.
Section 7-4O4 School Land Dedication
School Land Dedication fees shall be required in accordance with the Land Use and
Development Code.
Section 7-405 Road lmpact Fees
Road lmpact Fees will be required at the time of building permit.
Article 5, Section 5-203(C) Rural Land Development Exemption Review Criteria
1. The RLDE is in general conformance with the Overview Standards contained in Section
s-201 (A).
See Section 7-TOL, above.
2. The RLDE is in general conformance with the Comprehensive Plan, and complies with
a ny a pplica ble intergovernmental agreements.
See Section 7-102, above.
3. The RLDE lots have sufficient legal and physical source of water pursuant to section 7-
104.
See Section 7-1O4, above, with accompanying waiver requests.
4. The RLDE lots have legal and adequate access pursuant to section 7-LO7, Access and
Roadways.
See Section 7-7O7 , above, with accompanying waiver requests.
5. The RLDE does not create hazards identified in section 7-108 and section 7-2OS or
exacerbate existing hazards.
See Sections 7-108 and 7-205, above, with accompanying conditions of approval.
6. The RLDE lots have an adequate water distribution system and wastewater disposal
system pursuant to section 7-105.
See Section 7-IO5, above, with accompanying waiver requests and conditions of approval.
7. Proposed division and development of the land minimizes the impacts of residential
16
development on Agricultural Lands and agricultural operations and maintains the rural
character of lands. Proposed division and development of the land maintains the opportunity
for agricultural production on the most productive and viable parcels of land.
See Section 7-20L above.
8. 80%of the parcelis preserved as contiguous Open Space to be used as wildlife habitat,
Agricultural Land, critical natural areas, or similar uses.
See Section 7-202, above. Roughly 95% of the overall 196.99-acre parent parcel has been
protected under conservation easement granted to Aspen Valley Land Trust.
9. All taxes applicable to the land have been paid, as certified by the County Treasurer's
Office.
The Applicant will need to obtain the signature of the County Treasurer on the final plat
indicating that taxes have been paid. This must be accomplished prior to the BOCC signing the
plat.
10. The Final Plat meets the requirements per section 5-4O2.F., Final Plat.
As a Condition of Approval, Staff has suggested numerous changes that need to be made to the
plat prior to signing by the BOCC for it to meet this section of the Land Use and Development
Code.
VII. SUGGESTED FINDINGS AND RECOMMENDATION
Staff recommends a finding to the Board of County Commissioners that, with the
recommended conditions and requested waivers, the proposed Rural Land Development
Exemption is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and
Development Code. Staff, therefore, recommends approval with conditions of the Quarter
Circle 8 Ranch Rural Land Development Exemption.
Suggested Findings
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons the request for a Rural Land Development
Exemption is in the best interest of the health, safety, convenience, order, prosperity
and welfare of the citizens of Garfield County.
4. That subject to compliance with conditions of approval, the application is in general
conformance with the Garfield County Comprehensive Plan 2030.
t7
5. That subject to compliance with conditions of approval, and waivers from Articles 7-LO4
Provision of Water, 7-LOG Utilities and 7-LO7 Roadway Standards including width, cross
section and slope, the application has met the requirements of the Garfield County land
Use and Development Code, as amended.
Suggested Conditions of Approval
Conditions Prior to Final Plat Approval
1. The Applicant shall satisfy all applicable conditions of approval and submit a plat for
recording within 90 days of approval, unless extension are granted, subject to the
following conditions and edits:
a. A plat Mylar with signed Certificates that include Dedication and Ownership,
Title, Taxes, Surveyor, and any lienholders.
b. Recording Fees.
c. The following amendments shall be made to the plat prior to obtaining
signatures on the plat. This updated plat shall be provided to, reviewed and
accepted by the Community Development Department and the County
Attorney's Office prior to creating a Mylar copy of the plat and obtaining any
signatures. Additional changes or modifications may be required by this
additional review.
1. The plat shall include the name and address of mineral owners of record.
2. All color shall be removed from the plat.
3. Reference to the conservation easement and 2-acre building envelope
allowed by the easement shall be added below the Lot 2 label on page 2
of the plat.
4. Bolder lines to more clearly delineate lot boundaries on the plat shall be
incorporated,
5. All plat certificates shall match standard certificate format from Section
3-02.E of the County Resource Guide.
6. The plat note referencing the conservation easement on Lot 2 shall be
revised to also reference the existing 2-acre building envelope allowed
by the easement.
7. The following plat note shall be added: Lots 7 ond 2 ore proposed to be
off the grid development, served by o) on site wells; b) onsite waste woter
disposal systems; c)the option of solor energy systems; d) the option of
propane or other occeptoble fuel source not requiring extension of utility
lines; and e) wireless telephone/internet service. Detoiled plons,
documents ond/or specifications for utility systems sholl be required ot
the time of building permit.
18
8. The following plat note shall be added: No building permit sholl be issued
for Lot 2 until such time os the current owner or Building Permit Applicant
sholl submit documentation of the following:
A. Demonstration of compliance with the Conservotion Eosement
with AVLT (recorded ot Reception Nos. 859596 & 770157)
including but not limited to recording of a legal description and
ossociated mapping for the building site and disturbonce
envelope;
B. Legol woter source for the lot pursuant to o well permit issued by
the Division of Woter Resources, evidence of o 4-hour pump test
on the well and a water quality test in complionce with the County
Lond Use ond Development Code, both documenting the
adequacy of the wellto serve the lot;
C. Provision of the alignment, engineered plans, ony necessory
easements ond County Access Permits for the occess drivewoy to
serve the building site, which drivewoy sholl meet the stondards
contoined in Section 7'707 or a woiver moy requested in
occordonce with the provisions of the County Land Use ond
Development;
D. Demonstration of complionce with Fire District requirements for
the occess driveway.
9. The following plat note shall be added: On-site woter storage/pumping
facitities for the well on Lot 7 is required with designs provided at time of
building permit.
10. The following plat note shall be added: Engineered on-site wostewoter
treotment systems ore required for Lots 7 and 2 ot time of building
permit.
11. The following plat note shall be added: Site-specific groding ond drainoge
plan ore required for Lots 1 and 2 at time of building permit.
12. The following plat note shall be added: A geotechnicol investigation shall
be required for both lots prior to building permit. The investigation shall
address referral comments from Colorado Geological Survey including:
A. Structures should be located such thot grading requirements ond
the need for retoining walls are minimized;
B. A qualified geotechnical professionol should determine moximum
ollowoble temporary ond permanent cut/fill heights ond slope
ongles;
C. Drivewoy retaining wolls, building foundations, ond upslope wolls
thot will function os retoining walls must be designed by a
quolified geotechnicol or civil engineer and must include
adequate behind-woll droinoge;
D. Existing vegetative cover should be left intoct to the extent
possible, and every effort should be mode to restore native
vegetation within disturbed oreos os quickly os possible.
19
lrrigation beyond the bare minimum required to reestablish
native vegetotion should not be permitted.
13. The following plat note shall be added: Property owners should consult
the Stote Forest Service Fire Wise Construction recommendotions or
subsequent publications for future construction ond londscoping on the
site. Combustible materials should be thinned from oround structures so
as to provide o defensible spoce in the event of a wildlond fire.
14. The following plat note shall be added: Development on Lots 7 ond 2 is
prohibited in oreos with 30% slope. Provision of topographic mapping for
the proposed building site on eoch lot shall olso be required at the time
of building permit demonstrating that the development will not be
located in any areo with slopes greoter than 30%.
15. The following plat note shall be added: The property owner sholl oddress
wildlife compatibility by requiring use of beor-proof trash containers or
storing trosh in o secured building or garoge.
16. A plat note shall be added that all easements and encumbrances in the
updated title commitment are referenced on the plat. The new title
commitment number should be referenced.
L7. The following plat notes as described in Section 3-01 of the Garfield
County Resource Guide shall be added:
A. Noxious Weeds
B. Open Hearth Solid-Fuel Fireplaces
C. Exterior Lighting
D. Maintenance of Fences, Rural Living, Etc.
H. Domestic Dogs
l. Wildlife-Friendly Fencing
2. Prior to the BOCC signature on the Plat, the Applicant shall re-permit the well on the
proposed Lot 1 (Permit No. 3OO237l as per Division of Water Resources referral
comments (Exhibit 8).
Prior to BOCC signature on the Plat, the ingress/egress and utility easement document
for Lot 1 shall be provided to the County Attorney's office for final review and approval.
Prior to the BOCC signature on the Plat, the Applicant shall pay applicable development
impact fees required by Carbondale and Rural Fire Protection District, as per Referral
Comments (Exhibit 1-L).
Prior to the BOCC signature on the plat the Applicant shall pay applicable school land
dedication fees as required by Section 7-404 of the Land Use and Development Code.
Other Conditions
6. All representations of the Applicant within the application are considered conditions of
20
3.
4.
5.
approval unless otherwise modified by the Board of County Commissioners.
7. Property owners shall comply with the any issued Colorado Division of Water Resources
well permit.
8. The Applicant shall comply with all requirements of Garfield County Road and Bridge
driveway permits.
9. Testing for radon is recommended for any new construction.
2t
QUARTER CIECLE B RANCI{ RURAL LAND DEI/ELOPll[trNr EXE]IPTION
A TRACT OF LAND ,1TTUATED TN ?HE NI4/ 1/4 ,1ECTI2N 4 AND THE NE 1/4 SECTT2N 5, T?,WSHIP 7 S)UTH
RANGE 87 wEgZ, THE ^sE i/4 ^gECTtoN sz ltuo rr{E ^9w t/4 SECTqN sA 'ToI4/NSHrp 6 ^;ourry RANGE a7 It/ESfOF THE 6TI] PRINCIPAL ,IIERTDIAN COUNTY OF GAEruELD. ^97ATE OF COI,OEADO
CERTIF|CATE Of DEDICITIOT| A]TD O'NEPS}T]P
ry. ada.atwd. *il Lttr,e *Ntt/, tulhs sot. oner
, o..ccl dl lild sttltt. ,n ttu N t/a kti@ a rd ah. E t/4 *tron 5tu@ azbst. thd * t/a *.tto,2t d th, il,/a&ct!@ 33 tom.hr4 6 *oth, nra a,
tug,Mirs.t s, Ul6.orhi '.id s..tjoa 33 baDs. csp 't@.d ts z2otjtn. b.cj. of bc4i?o !.i.9 tu.6 25^t to th.,,/!6.omi oD lh, tou., l rn ol ttrd sct,an 33 b.inqedthe. /o@d 2 5' .lel.e .4 strp.d t s 2hrltrnL. 5o0'tu'4'r. drsre.. o' !Jl6.B t..t to s.td , t/r6 cor...lhe.ce w.u'6a . d,s.ea ot ??, E lret.to.o t4 e.sts.)d *c.!o. . to th ...te. Itre ot tu.tt.td hui.y tutd M ttJ-
tn. tt@t . drst.... ot lD..o te...
.ho.d ol *r.h oe&s dtttee ot 4/ 6r /.etth.1c. Stu'35 6'r. dtsrrte ot il il rJore trtd..,tpr tr..,-
chtd o/ dttn D.*t e2't. tu't d dtsrat. ot afr
th.rce sl3'53'r1't t dlit.Dce ol !2.8 fedt ,loro t.ld ce,?tr ]!N to ttu south)the or s.td fi.t!@ Ith.".. Mels *'t e dtst*.e ol e.2.6 /act or satd k.ild 5-
tr.... Mqtlr'zt't a drttr4.o ot ,h.9ttt..c. @tt.'59't, dtttrn.. ot !J4.P/ t.et o tte il r/. cor..r ol s.td ktron 5.th.ac. MoQr'5e'€ d to th. c s ,/t6 ctn,. o. strd sctloh il,
th..ce W,32'19'E. distr.thecd S&.35'57'E , dlttrEc of 6A.6 t..t:
co ot tu,z. tc.t b cn. tuiht ot tuoinnino...o.td,rtns ,s w,...s. nts lh.v.) ot
@s 4.My ded,..rc tu r.t @..t .l) ot th. stta.te M totdPl.t to th. uae ot th. telrc fo..re.- M r..*, *d,. ot,t,r'.; thi.;Dorl,n r
t.. trstrl).tto. .nd d.,1n.@ f&,t,i,es r,ilud,nDtd, .)..il,. J'..t, tel@,e t,n s: rtu .toht to r.,, thr..lEr'.,t-."t ,ad bNsh. ,ttn p6.petu.t rt@t /o. ).st.lt.ctd? M aitn.o.G ol eu.h rtNs -
oe..
-
---@
COI{SER lA rloil EASEIIENT EOLDER CO}\rSE}|T
Ih utu.s!q.4 tutdinq. coD4c.rErton E tcwt wd, th. re.j rrur."tt *ich is rtrtt.d.nds&dlvttud rs Lot 2 tuD.t* ci.ct. a Mh a@tl Led bvilwi Ea.bttoh, h.r.by corttat.sdtilh Ftha, Pl.t
t.torc.t thrt pd to rn. r.@ity sat.c. .o .r.h dcd).tt)oDs rb
E ..ut.d tnis d.t ot _. / o . a!9
,e9., vrl).t Lttu r.!tt. d hlte nowofit co@r.aitu
h lwiE twt b)a Ma a dNrl@ hlN - 6jt _ et ot
-
,.r,. &t4
7/71,8 CERTMCATE
4-do b...br...ttty.N Irt). to .J) th,s Pt'. tnd rh.r trtt. ta
c.t hn.ttoras @tq.s.s, d..d
o...co.d .//..ttE ,, thrt p)../, c,.er.
dty ot _ /.o.. arg.
r"L€ WAfrT
PLlT }fOTES
, TE 3O+Nf
'TE
HIY/E I@ E U|TLTII El,EffiT /Enty/E rw s re wrr 6 tof LE fo EfuE'il Af ' */ilE LfiL MrcilT IO E EMO IN TE EFIE * IE #IADMry &EX lP trffiP F@LO'IN TE 'Mf'L AM trCNIM tr HI, 4/T,
mlD t@ 6 uiltrrf E Eer ls tucc, ,o /ilfilrEMtr,*wIEw Il E *IE F K 6/FIAD fu* CL* M
fo. ttltry .rth .M Ct..t tu k.a.d.. ot *ri.Jd aoh@to.the coDt / ol thd qdl ). dedtc.t 10rs thil br.o., set*t td the r.ovtiton th.ttutte)d count.)e6, Drbt)t t ..seAnts d.Ar.rEd b rh.
ettc.oet. n!@drs
-.ra",
tu.dotco@tt*ft.)d Coot,. Coto.ttu
ot h. a@tt or fitfl.td.
,rrEsa
CIERK AI|D RECoRDERS cEETflcAlE
filcd lo..eco.d in th. orti.c ot ttu ildil ,tu Mo.*r ot tu.tietd countt
W
at tuuty
tu ,wtE bilhdt tf NJ..da N tuiltt B xtu|@ EtN E thts _ d.t or _ 1.a, a4 5 tE wllto s.rrEs @EMN.
"*. tiuie *turt. H,l,i,,,tt y,1fr,H,ffi31i,,&#,?tr1f,.;{ffiffiFtr"ttf$,,8,,,,uht"1h.@tE, mg $"Ey{,5,?*eT,i
d
WCINNY ]IIP
NOT IV SC)UCENNFICATf, OT TAXES P,1TD
I tE @tn tu N, cttrr rbl tu att4 rut or
iin.riwj;;iii;iri;iig;,iio'a@-tmwntl
&N bit A, o/
-
1.o.. arg.
SAEWYORS CEENFICA?E
-66rffi
.ry drfet ia ttu ttv.y rttnr. te. yeie
D.s.d @@ ay d.t. o. th!' .Fr,t,i.r rmA
co uM v 5 aP w yoR 3 cER TiFrcl rE
@.ovd fo. co,r.at ed to., o.1, .nd tut tN ect../
c.P s. I B st-rot @d t@ .. t.o
um thit _ drr dt_. ,.o.. zotg
I /t, o. ,*h. fr @, .*ttt, tbr I - , tuw IB 0/ th fr.l. ol hJt& tEt tnt. aLt ,t . t4 @t d tuJd. ,J.t otMt}cttt e MhbiltuuaPt,. B)rtcea,J.ild dltfudtuMrrDd. ttut
N stdts 0t Mlt crftl. Ml tuttu tt t * .E w nM h qhtu,tlh olt.-l. @LttN en,N.h diutra o, Jd.
-- E@td$w
IOR RE'.TEY2/71e
. rE mrc urwft r PL /M rfLL Mr X eilr/rED Al
QAARIEE CTRCLE I RAnrCtl EAtut
uitD DEL4EIAHIEilT Effiilmonr
fr t/l sE 1 t )tt 1/ ffi 5 r7s,R07, 6b P.t3f t/ sE g t st 1/ sx fi t6s,a87t &n Pa
ALAilg LAAID SARWYT}{G
2371 S SlN UIGUEL DR
!
{$
E:
g$
E
!a
Its+
:N
as
"E!I
SsN
NPi
NN$ti S"R's\-v
S RSS
R ..DN
N sxlst eSN
N sSh
s $sS
s NSS
Q tHsN ltl*l =:tS
N$sS
N ]iN
N NSS
r lHN
rs NsN
N R$[
NiN\,\n- bN\s\NNsQ-S$"S\
\
Nhq
rNs\=$
r$
Il
ds
twneE, oJ w@a'd/fwt os4
nitl
itII$s Rt\tq
$ t::ii
N lltri. sbir:t
i [n[tr
H Iii[F.
Hii:ii
:i!.
$.bls$
$i$r
si-r$
. ;[[n
H $Hrir tlf,l
uiRHi
$rr!;iali
r$$*
:$
rg
Qe
tu{
t.t
-\5St
t!.!f.st 8-t..b sSiEtt
llsli
iies!
a't!;
sE\r!It;\*
!ri5s
..a\*(as.r"
Ititt
E i $ $tns; I I lXtrIr F
iiiisisEBsI io i, i,:\i! r
$x$$$rili!i,
Xo< rax
;ililr
*E
N
S$
h
out
F'.*sB
\6
\
s
I
q
s
\
a
q
\
!r
\
3
!I
F
!
\\
q\
NN
N5
NN
ss
HaNr
SIhN
ei
T;
tns
\R
N\
Exh ibit 6
zjG\.74/:-:=:-\
ffiB
Sincerely,
Mountaip Cross Engineering, Inc.
, /i i l',-i . ..(..i "*,,,1;:;r(
'""
MOUNTAIN EROSS
ENGINEERING. INE.
Civil and Hnvirsnmental eonsulting and Design
May 14,2019
Ms. Claire Dalby
Garfield County Planning
108 8th Sffeet, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Quarter Circle 8 Application: RLDE-02-19-8711
Dear Claire:
This oflice has perfbrmed a review of the documents provided fbr the Rural Land Development
Exernption Application for the Quarter Circle 8 Ranch. The subrnittals were found to be thorough
and well organized. The review generated the following comnrents:
l. The requirements for site speci{lc grading and drainage plans should be added to the plat notes.
2. The Applicant should address if the existing access road has an access permit with Garfield
County. The Applicant may need to obtain an access permit as necessary.
3. The requirements fbr an engineered Onsite Wastewater Treatmenl System should be added to
the plat notes.
4. The well pump test provided shows a poorly producing well. A system of storage and pumping
will be necessary to make the well a viable supply source. Design should be submitted to
Garfreld County for rcview.
5. It appears that the well needs to be re-permitted for the proposed lot. The Applicant should
provide a copy of the well permit to Garfield County once it is obtained.
Feel fi'ee to call if you have any questions or comments.
826'/z Grand Avenue, Glenwood Springs, C0 81601
P: 970,945. 5544 F: $70.945.5558 www.nrountaincros$-eng.com
COLORADO Gtr,OLOGICAL SURVE,Y
1801 Moly Road
Golden, Colorado 80401
May 16,2019
Claire Dalby
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Exhibit 7
Location:
SW% Section 33,
T65, R87W of the 6th P.M.
39.4855, -107.1194
Karen Berry
State Geologist
Subject: Quarter Circle 8 Ranch Rural Land Development Exemption
File Number RLDE-02-19-8711: Garfield Countv. COI CGS Unioue No. GA-19-0005
Dear Ms. Dalby:
Colorado Geological Survey has reviewed the Quarter Circle 8 Ranch rural land development exemption referral.
I understand the applicant proposes to create a I 0.03-acre lot from a 196.99 parcel located along Shippees Draw,
northeast of Carbondale. The new lot will have a single-family residence and onsite wastewater system, and will
utilize an existing well.
Mapped landslide and potentially unstable slopes. Proposed Lot 1 is located on moderate slopes below a
topographic saddle. CGS agrees that the Lot 1 approximate building envelope as identified on the site plan
(Westem Slope Consulting, LLC, revised April 6, 2019) avoids steep slopes and the mapped landslide to the
immediate west. It should be noted that the landslide was mapped at a scale of 1:24000 and the mapped limits are
approximate.
Any excavation in the toe area of an active, inactive or metastable landslide or unstable slope has the potential to
reactivate the earth mass and cause movement and damage. Risk of slope instability may increase as a result of
events that reduce hillside vegetation, such as disease, wildfire, grading, creation ofdefensible space, and other
disturbances. CGS recommends the following to reduce potential damage associated with construction-related
slope instability and shallow failures such as creep and slumping:
. The proposed home on Lot 1 should be located such that grading requirements, and the need for retaining
walls, are minimized to the extent possible.
. A qualified geotechnical professional should determine maximum allowable temporary and permanent
cuVfill heights and slope angles.
o Driveway retaining walls, building foundations, and upslope walls that will function as retaining walls
must be designed by a qualified geotechnical or civil engineer, and must include adequate behind-wall
drainage.
. Existing vegetative cover should be left intact to the extent possible, and every effort should be made to
restore native vegetation within disturbed areas as quickly as possible. Irrigation beyond the bare
minimum required to reestablish native vegetation should not be permitted.
Other potential constraints include expansive and collapsible soils, and Eagle Valley Formation bedrock that
may contain soluble minerals conducive to the formation of sinkholes. A geotechnical investigation consisting
of drilling, sampling, lab testing and analysis will be needed, once a building location has been identified on
GA-19-0005 I Quarter Circle 8 Ranch RLDE-02-19-871 I
l0:50 AM. 0511612019
Claire Dalby
May 16,2019
Page2 ofZ
proposed Lot 1, to determine depths to groundwater and bedrock, characterize soil and bedrock engineering
properties such as density, strength, and swell/consolidation potential, and to desigr foundations, floor systems,
retaining walls, and surface and subsurface drainage to minimize potential risks related to expansive,
collapsible and/or hydrocompactive soils and bedrock (materials that change volume in response to changes in
water content, potentially leading to structural distress and damage).
Thank you for the opportunity to review and comment on this project. If you have questions or need further
review, please call me at (303) 384-2643, or email carlson@mines.edu.
*ffi,'fuh^-*
liIt*rron, c.E.c.
Engineering Geologist
GA- 19-0005_l Quarta Circl€ 8 Rilch RLDE-02- 19-8711
l0:50 AM,05/16/2019
re@ I ful*"",, r, .:r-,-':;*'*'
Exhibit 8
May 16, 2019
Ctaire Datby, Ptanner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Gtenwood Springs, Cotorado 8'1601
RE: Quarter Circte 8 Rural Land Devetopment Exemption
RLDE-02- 1 9-871 1
Section 33, Township 6 South, Range 87 West
Division 5, District 38
Dear Ms. Datby,
We have reviewed the above-referenced proposal to divide a 10+ acre tot (Lot 1)
from an approximately 197 acre parcel through the County's Rural Land Devetopment
Exemption (RLDE) process. According to the County's Land Use and Devetopment Code, the
County has estabtished the RLDE process as exempt from the definition of Subdivision
pursuant to Section 30-28-101(10Xd), C.R.S, and atso may use the RLDE to create a Ctuster
Subdivision Devetopment on a parcel of [and 35 acres or more. Because this proposal is
not a "subdivision" as defined in Section 30'28-101(1OXa), C.R.S, we have performed a
cursory review and are providing informal comments, instead of a opinion pursuant to
Section 30-28-136(1Xh)(l),C.R.S. regarding the proposed water suppty. The comments do
not address the adequacy of the water suppty ptan for this project or the abitity of the
water suppty ptan to satisfy any County regutations or requirements. ln addition, the
comments provided herein cannot be used to guarantee a viabte water suppty ptan or
infrastructure, the issuance of a wetl permit, or physical avaitabitity of water.
According to the submittal information, the proposed 10+ acre Lot 1 wit[ be a
residential lot with one singte famity dwetting served by an on-tot wetl and on-site
wastewater treatment system. Much of the larger remainder parcel of approximately
187+ acres has been protected with conservation easements granted to theAspen Vattey
Land Trust. According to our records there is an existing wetl on proposed Lot 1, currentty
permitted under Wet[ Permit No. 300237. The permit was issued on February 25,2016
pursuant to Section 37-92-602(3)(bXllXA), C.R.S., as the ontv wetl on a tract of 40 acres
described as the SW 1/4 of the SW 1/4, and the SW 114 of the SW 114 of the SW 1/4, Sec.
33, and theSE ll4of theSE 1l4of theSE 114,iec.32, atl tocated in, Twp.6South, Rng.
87 West, 6th P. M., Garfietd County. The use of ground water from this wetl is timited to
fire protection, ordinary househotd purposes inside not more than three (3) singte famity
dwettings, 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.
Of concern is the proposal to use this existing wetl for the proposed 10+ acre lot
when the current wett permit was issued on the premise that the parcel would be 35 acres
or larger. Under Section 37-92-602(3)(b)(llXA), C.R.S., wetts that are located on parcets
of 35 acres or more usuatty quatify for the maximum uses attowed under the statute;
'13'13 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.cotorado.gov/water
Jared S. Potis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director
.: t-f COI.,
.A\ A.-4-E | -.an., '/'
t,
Quarter Circte 8 RLDE
Garfietd County Community Devetopment
Page 2 of 3
May 16,2019
specificatty to be used for ordinary househotd purposes inside not more than three (3)
singte famity dwettings, the watering of pouttry, domestic animats and tivestock on a farm
or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. For
parcels of less than 35 acres, wetl permits issued under this statute woutd be limited to
far less uses, either ordinary household purposes inside one single family dwetting with no
outside uses or some limited outside uses if located on a tot in a ctuster devetopment.
The change in the size of the parcel where the existing wetl is located creates a
conftict with the conditions of approval with the current permit. Therefore, pursuant to
the State Engineer's Poticy 2011-1, we recommend the County require that, as a condition
of approving the RLDE, the existing wetl owner re-permit the wetl consistent with current
law as it appties to the newty created parcel on which the wetl is located. lf the process
to divide the 10+ acres from the parenting parcel is not a Cluster Subdivision
Devetopment, then the uses that woutd be attowed for the wett on proposed Lot 1 if re-
permitted under Section 37-97-602(3)(bXllXA), C.R.S., woutd be timited to ordinary
househotd purposes inside one singte famity dwetting onty. No outside uses woutd be
altowed. An augmentation ptan woutd be required if additional uses are desired.
However, if the County's approva[ process does resutt in the proposed Lot 1 being
considered a "ctuster devetopment [ot" then under to Section 37-92-602(3)(b)(llXA),
C.R.S., the wetl woutd stitt be limited to one single famity dwetting, but some timited
outside uses woutd be attowed. We[ts serving tots within a ctuster devetopment are
restricted to a votumetric [imit based on the number of lots and the number of 35 acre
increments in the devetopment. ln this specific proposat, the we[[ for Lot 1 if considered
to be a ctuster devetopment [ot, woutd be limited to one (1) acre-foot and the wetl can be
used to serye one singte famity residence and a combination of outside uses. The specific
amount of lawn and garden irrigation or number of animals would not be identified on the
permit, instead the owner coutd use the well for a combination of targe domestic animal
watering and lawn and garden irrigation (maximum one acre) as long as the total votume
of water pumped from the wetl for atl uses on the [ot inctuding the single famity
residence, does not exceed one acre-foot. Again, if additional uses such as an additional
residence is desired, an augmentation ptan would be required.
The appticant, in addressing the water suppty for the remaining 187+ acres, has
indicated that a residential wetl permit has been obtained. According to our records,
Wet[ Permit No. 306447 was issued on August 10,2017. This permit was atso issued
pursuant to Section 37-92-602(3)(b)(llxA), C.R.S., as the only we[[ on a tract of 40 acres
described as the NW 1/4 of the NE 1/4, Sec. 5, Twp. 7 S, Rng. 87 W,5 P. M., Garfietd
County. The use of ground water from this well is [imited to fire protection, ordinary
househotd purposes inside not more than three (3) singte famity dwettings, the watering of
pouttry, domestic animals and livestock on a farm or ranch and the irrigation of not more
than one (1) acre of home gardens and tawns. Evidence that this we[[ has been
constructed has not been received by the State Engineer. The permit wi[[ expire on
August 10,2019 untess the wetl is constructed prior to this date or the permit is extended.
White we cannot guarantee the issuance of any wett permit - an apptication must be
submitted for evatuation - this office does not have an objection to this proposal as long the
Ouarter Circte 8 RLDE
Glarfietd County Community Devetopment
Page 3 of 3
May 16, 2019
existing wetl on proposed Lot 1 is re-permitted as described above. And if a we[[ is
constructed under the other wetl permit, Permit No. 306447, this office woutd not have an
objection to it serving the parenting parcet as long as the conditions of approval of the
peimit are comptied with, inctuding that the parcel remains as a 40 acre tract. Otherwise
it too woutd have to be re'permitted.
lf you or the appticant has any questions concerning this matter, ptease contact me
at 303-866-3581.
Sincerely,
4T6^It^,-.-
Megan Sutlivan, P.E.
Water Resource Engineer
195 W. 14th Street
Rifle, CO 8'1650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Claire Dalby
Public Heslth
May 13,2019
Hello Claire,
I have reviewed the application for the Quarter Circle 8 Ranch Rural Land Development
Exemption and have the following comments:
1. Drinkinq Water: Water quality tests are recommended every year for private drinking
water wells, with more comprehensive tests equivalent to the Colorado Department of
Public Health and Environment Lab Services Division's "Deluxe Colorado Package"
every five years. Public Health suggests retesting for coliform bacteria, nitrates, and
other contaminants prior to use of the well and on an annual basis following.
2. Onsite Wastewater Treatment Svstems (OWTS): As already outlined, the onsite
wastewater treatment system should be designed and installed according to Garfield
County's OWTS regulations.
3. Radon: lt is recommended that any dwellings built on the property utilize radon-resistant
new construction (RRNC) practices to prevent radon gas exposure. After construction, it
is recommended that a radon test is conducted. Free radon test kits are available at
Garfield County Public Health offices.
Thank you,
/'l c,(
Anna Cochran
Environmental Health Specialist lll
Garfield County Public Health
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 665-6381
Exh ibit 9
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
[i' t
(o,L
Garfield County Public Health Department - working to promote health and prevent disease
From: Andvschwarrer EXhiblt 10To: Claire Dalbv
Subject: RE: Garfield County Referral Request - Quarter Circle 8 Ranch Rural Land Development Exemption
Dater Tuesday, April 16, 20192:25:37 PM
Attachments: imaoe0o1.ong
They reference an OWTS permit in the future and are subject to a building permit for a future single
family dwelling. I do not have any comments.
Thanks,
Andy
From: Clalre Dalby
Sent: Tuesday, April 1-6,20191:45 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>;
Morgan Hill <mhill@garfield-county.com>;Anna Cochran <atriebel@garfield-county.com>; Michael
Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles
<hshiles@garfield-county.com>; Scott Aibner <scott@rivervalleysurvey.com>;
megan.sullivan@state.co.us; CGS-LUR@mines.edu;scott.hoyer@state.co.us;
taylor.elm@state.co.us; msenor@blm.gov;jklrschvink@fs.fed.us; damian.peduto@eaglecounty.us;
Chris Hale <chris@mountaincross-eng.com>; rgoodwin@carbondalefire.org; Bill Gavette
<gavette@carbondalefire.org>; Greg Bak <greg.bak@cogs.us>; suzanne@avlt.org; dave@avlt.org
Subject: Garfield County Referral Request - Quarter Circle 8 Ranch Rural Land Development
Exemption
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application
submitted by Davis and Matt Farrar, representatives of Sarah McNulty for a Rural Land Development
Exemptlon. The parcel is located approximately 6.5 mlles northeast of the Town of Carbondale and is
known by Assessor Parcel No. 2189-333-00-037. The request is to utilize the Rural Land
Development Exemption process to create a 10.03-acre lot from the 196.99-acre parenting parcel.
The property is zoned Rural. The file number is RLDE-02-19-871,1'.
The link to the application is available here.
Garfield County Community Development is requesting any referral comments by Tuesday, May 14,
2019.
Thanks for your review and please contact me with any questlons.
Sincerely,
Claire Dalby
From:
Tor
Subject:
Date:
Bill Gavette
Claire Dalbv
[Extemal] Quarter Circle 8 Rural Land Development Exemption
Tuesday, May 14, 2019 9:46:52 AM
Exh ibit 11
Dear Claire,
I have reviewed the application for the Quarter Circle 8 Rural Land Development Exemption. I would
offer the following comments.
Access
The proposed access to the new lot appears to be adequate for emergency apparatus.
Water Supplies for Fire Protection
Water supplies for fire protection would be provided by hauled water from the Fire District.
lmpact Fees
The development is subject to development impact fees adopted by the District. The developer will
be required to enter into an agreement with the District for the payment of development impact
fees. Execution of the agreement and payment of the fees are due prior to the recording of the
final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is
executed. The current fee for residential development is 5730.00 per residential unit.
Please contact me if you have any questions or if I may be of any assistance.
Sincerely,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.ca rbonda lefire.org
970-963-2491.
rtru..E ts"ruscut
From: Harryshires EXh ibit j_2To: Claire Dalby
SubjeC: RE: Garfield County Referral Request - Quafter Circle 8 Ranch Rural Land Development Exemption
Date: Wednesday, April 17,2019 8:29:06 AM
Attachments: image003.pno
Road and Bridge has no concerns as long as current access to parcel off of CR 113 is used and may
require a driveway permit to be brought up to current county standards
Thanks
G Gurlietd Cttutt4,
IJASETSHILI's
I it;'tntei:
l,rn! .r' l. ,Jf:,
tl!8 li. !:,i.:i
Fr{b l;ii i;lr5rl
llt:tti: ,!:l'l[, i.)i {:ii'Jl
I av llt ll; {ll3 fiEil'
I*li 15;i;i ; .;i[i'i:ili
From: Claire Dalby
Sent: Tuesday, April 16,20191:45 PM
To: Kelly Cave; Andy Schwaller; Morgan Hill; Anna Cochran; Michael Prehm; Dan Goin; Harry Shiles;
Scott Aibner; megan.sullivan@state.co.us; CGS_LUR@mines.edu; scott.hoyer@state.co.us;
taylor.elm@state.co.us; msenor@blm.gov;jkirschvink@fs.fed.us; damian.peduto@eaglecounty.us;
Chris Hale; rgoodwin@carbondalefire,org; Bill Gavette; Greg Bak; suzanne@avlt.org; dave@avlt.org
Subject: Garfield County Referral Request - Quarter Circle 8 Ranch Rural Land Development
Exemption
Good Afternoon,
Garfield County Community Development is requesting referral comments for an application
submitted by Davis and Matt Farrar, representatives of Sarah McNulty for a Rural Land Development
Exemption. The parcel is located approximately 6.5 miles northeast of the Town of Carbondale and is
known by Assessor Parcel No. 2189-333-00-037. The request is to utilize the Rural Land
Development Exemption process to create a 10.03-acre lot from the 196.99-acre parenting parcel.
The property is zoned Rural. The file number is RLDE-02-19-8711'.
The link to the application is available here.
Garfield County Community Development is requesting any referral comments by Tuesday, May 14,
2019.
Thanks for your review and please contact me with any questions.
Exh ibit 13
To:
From:
Subject:
Date:
Gur/ield Coun$
SARVEYOR
scoTT AIBNER, P.L.S
Alan VanPelt - Alan's Land Surveying
Scott Aibner - Garfield County Surveyor
Plat Review - Quarter Circle 8 Ranch Rural
0s/17t2019
Land Development Exemption
Alan,
Upon review of the Quarter Circle 8 Ranch Rural Land Development Exemption Plat, I have no comments or
corrections to be made prior to approval for survey content and form.
Once all final comments from Community Development have been completed, the Mylar may be prepared for
recording. The Mylar shall be delivered to the Community Development office with all private party signatures
no later than Monday the week prior to the next commissioner meeting day in order to make that meeting.
Sincerely,
Scott Aibner
Garfield County Surveyor
cc Claire Dalby - Community Development Department
109 8 th Street , , Glenwood Springs, C08l60l . (970)945-1377 , e-mail:saibner@garfield-cluntycom
^AffiI
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Sprinqs Area Office
0088 Witdtife Way
Glenwood Springs, CO 81601
Exhibit 14
May 1, 2019
Ctaire Datby
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Gtenwood Springs, CO 81601
RE: Quarter Circle 8 Ranch - RLDE CI2-19'8711
Dear Ms. Dalby,
Cotorado Parks and Witdtife (CPW) staff has reviewed the apptication to create a 10 acre lot
from the larger 197 acre parent parcet. The proposed 10 acre parcel is stated to be intended for
a singte dwetting unit. CPW is aware that the appticant has previously ptaced much of the parcel
in a conservation easement which wil.t be beneficial for preservation of deer and etk winter
range habitat. The proposed 10 acre lot is atso near existing structures on neighboring parcels.
Ctusterinq of structures tike this is beneficiat to wil.dtife. At this time CPW betieves the impacts
to witdtife witt be minimal and does not have further recommendations.
CPW appreciates the opportunity to comment on this project. lf there are any questions don't
hesitate to contact District Witdtife Manager, Matt Yamashita at (97A) 989'8617.
Matt Yamashita, Acting Area Witdtife Manager
Cc: Matt Yamashita, District Witdtife Manager
Fite
5incerety,#
Jeftey M. Vq Ste& Acting Dirctc, Cobmdo h*s and Wildlife . Farks ard Wihlife Comi$ion: Taishya Adam . Robert W. Bny r Chado Gmia o Muie llasken
C:nb Besrere [Iaw o John Howard, Chair . Mflin McDanbl . l-uke Schafer o Eden Vardy . Jams Vigil, SecreEry . Michelle Zimlrtnun, Vice{'han
/of,t!9zx/s7;A;X
i5/ r.rl.r l-o]i11-.'. l.',r/\N;-..{"/'/\iar-erl
From: DaveErickson EXhibit 15To: Claire Dalby
Subject: lExternal] RE: Garfield County Refenal Request - Quarter Circle 8 Ranch Rural Land Development ExemptionDate: Tuesday, May L4,2019 3:39:58 PM
Attachments: imaoe001.ong
imaoe002.ono
Dear Claire,
Thank you for the opportunity to comment on this land use application.
Aspen Valley Land Trust has reviewed the application and does not object. The application correctly
states that the majority of this parcel is under conservation easement with AVLT except the 10.03
acres being considered for exemption.
Please let me know if you have any further questions for AVLT.
Sincerely,
Dave Erickson
Stewardship Director
Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
970-963-8440
dave@avlt.org
_/.,* ASPEN VALLEY
LAND TRUST
Protedhg the ploces yor,r love
From: Claire Dal by <cdalby@ ga rfield-cou nty.com>
Sent: Tuesday, April 1,6,2019 1:45 PM
To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>;
Morgan Hill <mhill@garfield-county.com>; Anna Cochran <atriebel@garfield-county.com>; Michael
Prehm <mprehm@garfield-county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles
<hshiles@garfield-county.com>; Scott Aibner <scott@rivervalleysurvey.com>;
megan.sullivan@state.co.us; CGS_LUR@mines.edu; scott.hoyer@state.co.us;
taylor.elm@state.co.us; msenor@blm.gov; jkirschvink@fs.fed.us; damian.peduto@eaglecounty.us;
Chris Hale <chris@mountaincross-eng.com>; rgoodwin@carbondalefire.org; Bill Gavette
<gavette@carbondalefire.org>; Greg Bak <greg.bak@cogs.us>; Suzanne Stephens
<suzan ne@avlt.org>; Dave Erickson <dave@ avlt.org>
Subject: Garfield County Referral Request - Quarter Circle 8 Ranch Rural Land Development
Exemption
lll l{frr I ll,ff \l Il} H'L U'1, L|li'U+l' L+l' !|fi t Ul!' l{l "i I I ll I
3,.'l'?'.?:.lf*ti.{r';'.,tuulErd8l"rllo6l6E'GARFrELDc'uNryco
v:ThisDeedofConservationEasementingrossrequiresa
one-hundred dollar ($100.00) fee be paid to Aspen Valley Land Trust or its successor
organization by purchaser, transferee or recipient upon purchase ofthis Property,
ursuant to Section 16 herein.
DEED OF CONSERVATION EASEMENT IN GROSS
McNulty Ranch - Northwest Paslure
Garfrcld CountY
THIS DEED OF CONSERVATION EASEMENT IN GROSS ("Easement") is granted
this 4S day of June, 2009, by SARAH LILLIAN MCNULTY ("Grantor"), to and for the
uenefr of e'spEx vALLEy LAND TRUST, a colorado nonprofit corporation having offtces at
320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust")(collectively' the
"Parties").
The following exhibits are attached hereto:
Exhibit A: Property Legal Description,
Exhibit B: MaP of ProPenY.
RECITALS
WHEREAS, Grantor is the sole owner in fee simple of approximately 80 acres of real
property known as the Northwest Pasture of McNulty Ranch, located west of Shippees Draw on
'lrti.ro*i Heights, northeast of Carbondale in Garfield County, State of Colorado, more
particularly de-scribed in Exhibit A, attached hereto and incorporated herein by reference (the
"Property").
WHEREAS, the Property possesses natural, open space and wildlife values (collectively,
..Conservation Values") of imiortance to the Trust, the people of Garfield County, and the
people of the State of colorado that are worthy of preservation;
WHEREAS, according to Section 170(hX4XA) of the lnternal Revenue Code and Section
I . I 70A- I 4(d) of the Treasury-Regulations, a qualified conservation contribution may be donated
for the protection of one o, *r" of several defined Conservation Values, of which the
Conservation values of this properry include Relatively Natural Habitat of Wildlife and Plants
and open Space (including farmland) as further described below:
Retum to: Aspen ValleY Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
970-963-8440
?}l"Hi$U,[#]it1]I':Tl::,T:::,I
Relativelv.Natural Habitat [g Ll70A-14(dX3)]. The Property is entirely occupied by
native shrublands in excellent condition.
't-h"-domi.rant plant associations are Mountain
nig Sag"b*sh Shrubland and Rocky Mountain Mixed Montane Shrubland' with a few
patches of Two-needle Pifion-utah Juniper wgoofn{ 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. The interspeision 9f q. native plant associations and
abiotic wildlife habitats on the Property prooid.t habitat for a rich assemblage of wildlife
species, includint sagebrush dependent species, species associated with montane
shrublands, anO finonliuniper species. The woodland and shrubland habitats provide
valuable food and cover. Most of the shrub species produce edible fruits and palatable
leaves and stems important to wildlife. SpeCifically, the Property provides important
mule deer habitat throughout the year and Rocky Mountain elk winter habitat (including
winter range and ,"n..J*irrter range). 'Ihe Property also provides important fall foraging
habitat for black bears and birds oipreY, and t ppo'tt numerous other wildlife and avian
species.
o Open Space [$ 1.170A-14(dX4)]. The Property qualifies as open space because it will be
preserved Pursuant to u '.f"*fy delineated federal, state or local govemmental
conservation policy and will yield a significant public benefit.
o Governmental Polisies. Conservation of the Property is promoted by the
following local, state, ancl federal governmental policies. The goals and policies
of Garfield Cognty, and the laws and regulations of the State of Colorado and the
United States supporr conservation of the Property relative to its wildlife habitat
and natural area values:
. Local Policies:
Thr p*frr" ,f the Garfield County Comprehensive Plan of 2000 states that:
"Gar/ield County includes a mukittde of ,u^itiuu ecosystems, including riparian and
weflands resources, witdtife habitat and importanl visual corridors' Many comments
addressetl the need to "nrurc
fhaffuture developmenl balances the needfor economic
development wirh policies lo ensure minimum impact on sensitive ecosystems"'
Section 8.1 states that it is a policy of the County to "support the creat.ion of
openspaceareasthutwillrenruinnaturalinperpetuity,particularlylhe
transporfufion corridor betw'een communities" and to "Encourage dedicated Open
tpori to be contiguous lo other open space uses";
The Garfield County Comprehensive Plan of 2000 states that Garfield County
is a Right to Rancir County, and Section 8.0, Open Space and Recreation,
states that: "The rural character of Garfield counly, particularly *1
unincorp<tratetl portions, is defined in a large extenl by the presence aflarge parcels
of opei space. These oprn ipo,,' include"' ranch land that pravide visual open
space opportunities. Thi Recreafion and Open Space element addresses the need to
I I I ]ifr ll1,tfillltt i ltfl, I fi , I*lllill lltlr. Ufi !*U lll { I I I I
Rtception$ i 7707$1
[*"qlidg:"b1"3?i??.'uo 3:3"'3:?6i aS"GARF I ELD couNTy co
encourage recreational areas within subdivisions and protect important open spoce
in uninccnporated areas of the Counly-
"The presemation of agricultural land fosters the rural lifestyle, which cotxinues to
be a priorityfor Cirfreta County residents.... County residents value the rural and
oprn'rpo& quatitiei enhqnced by ranch lands and expressed stTongly a desire to
prrrr*, it io the greatest extent possible. The trorcition of agricultural lands to
^more
urban uses, particularly in the eastern portion of the County and the Roaring_
Fork Valley floor, has.forced the retainment of open space uses to the forefront of
iss ues currently facing the C ounty.
"Ranchland provides some of the best possible open sPace. It is generally well
irrigated, green, privately maintained and beneficial to air and watersheds'
Ma-intainei agricuitural land and undisturbed big game winter range are less likely
to be weed infested. The maintenance of open space also encourages the preservation
of the rural lifestyle which residents of the Caunty volue.
"Although once taken for granted that agricultural land would remain undeveloped
for perpltuity, the last five years has marked a transition point for these land uses.
Suid*]sion dewlopmint has begun to encroach on agricultural lands, slowly
depleting important open space uses..-."
. Statewide Policies:
ft e Stut. "f Colorado has recognized the importance of private efforts toward
the preservation of natural systems in the State by the enactment of C.R'S.
$$lS-:O.S-f 0l et seq. C.R.S. $ 33-l-101, provides in relevant part that "it is
the policy of the state of Colorado that the wildlife and their environment are
to bi protected, preserved, enhanced, and rnanaged 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 mainlain 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 . . ."
Conservation of the Property is further promoted by the Colorado Division of
Wildlife's Wildlife Conservation Section Briefing Paper, dated March 3,
2005, 'Needs for Habitat Protection of Colorado's Sagebrush Communities,"
which states that: "sagebrush communities are among the most important wildlife
habira* in North America.... In Colorado, nofewer than 12 species of importance
are linked to the sagebrush communities as a key component of their habitat'
Concern has been iaised regarding the inlluence of deleriorating sogebrush
communities on pronghorn and mule deer, and the relationship between elk and mule
deer in sagebrush cimmunities..^. Clearly, given the species, and the number and
diversity of species, whose well-being is so closely tied to sagebrush communities,
protecing aid managing these habitats will go far in meeting 2 of the ll/ildlife
Commission's top prioriries Jrom its Slrategic Plan Q1a): 'Protect high priority
deer and elk habirit' (H I 3), and 'Habitat to support broadest sustainable wildlife
populations' $t.t). The Division has long demonslraled its interest in sagebrush
hibitats, with numerous proiects initiated Jbr various obieclives "' " '
I I I i[r l1l,ff \ [tUH t, Uil lrfd ll[,lf''l.$l' f llrrt.lll "l I I I I I
RGceotion*: 770157
id [?{LZdg?"' l.3tr?9u?Bo 33:"r !lo3' d3' cnRF r =LD co Ji,ry co
o Agricultwe. The Property is part of the larger Quarter Circle 8-McNulty Ranch,
ana nus nirtorically been used as dry rangeland for livestock grazing.
o Sienifiqant Public Benefit. The Property is located in a rural, agricultural area of
au,n@ereisatrendofincreaseddevelopmentinthevicinity
of the Property. The Towns of El Jebel and Carbondale lie approximately ten
miles southeasi and southwest of the Property, respectively. Development of the
Property would contribute to degradation of the biological integrity and natural
character ofthe area.
Conservation of the Property will increase the amount of conserved land in the
Upper Cattle Creek drainage, an iuea identified by the Trust as a high priority for
protection. The Trust currently holds over 1980 acres of agricultural land and
wildlife habitat under conservation easement within a three-rnile radius of the
property, and over 980 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 Pcterson Ranch conservation easement'
w-hich will help protect the habitat connectivity of the area'
These Conservation Values are of great importance to Grantor, the Trust, the residents of
Garfield County, and the State of Colorado.
WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to
preserve and protect the Conservation Values of the Property in perpetuity and the Trust agrees
fy accepting this grant to honor the intentions of Grantor stated herein and to preserve and
piotect in pJrpetuit-y the Conservation Values of the Property for the benefit of this generation
and the generations to come;
WHEREAS, the Trust is a charitable organization as described in Section 501(cX3) olthe
Intemal Revenue Code of 1986, as amended (the "Code") atd is a publicly-supported
organization as described in Section 170(bXlXA) of the Code whose primary purpose is to
prf."*" and protect the natural, scenic, agricultural, historical, and open space resources of the
greater Roaring Fork and Colorado Rivei Valleys, including the area in which the Properry is
l-ocated, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified
organizatiln" to dJ so within the meaning of Section 170(h)(3) of the Code, possessing the
resources and commitment to protect and defend the conservation purposes of this grant and
Conservation Values identified herein; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept conservation easements on behalf of
the Trust.
AGREEMENT
ll ll ftrr l$,ff ,\ [1h ll[, ll rt, I il, ll+Ulltlll' ftttl. lll' { I I ll I
ReceotionH: 77O157gatzdtzoog 0'l 39:50 Plr Jean Albe'rco
5-o?-25-nec F6a,$116.C0 Doc Fee,@ 0o GARFIELD couNTY co
NOW, THERErORE, in consideration of the matters above, the mutual covenants'
terms, conditions and restrictions contained herein, and other good and valuable^ consideration,
the receipt and sufficiency of which is hereby acknou'ledged, the Parties agree as follows:
l. Grant
Grantor hereby voluntarily and irrevocably grants and conveys to the Trust a perpetual
Conservation Easement in Gross ("Easement"), pursuant to C.R.S. $$ 38-30.5-lAl et seq',
through the terms mutually agreed to in this Easement, eonsisting of the rights and restrictions
enumirated herein, over and u.rosr the Property, to hold said Easement unto the Trust and its
successors and assigns forever. The Easement shall constitute a binding servitude upon the
property and shall G subject to prior reservations, easements, encumbrances and exceptions of
record, except as otherwise set forth herein.
2. Puraoses
pursuant to the terms of C.R.S. $$ 38-30.5-101 et seq., the pu{poses of the Easement are
to assure that the Property will remain forever predominantly in its scenic, nalural and open
space condition, subject io the uses of the Property permified hereunder, including ongoing
agricultual use, to piotect and preserve the Conservation Values of the Property in perpetuity, to
plevent any use of ine Property that is not consistent with the preservation and protection of the-Cors"*ution
Values of the Pioperty and, in the event of their degradation or destruction, to
restore such Conservation Valuei of the Property (the "Purposes"). The primary purpose of
thb Eesement is to pre$erye and protect the relatively natural hebitat of wildlife rnd plants
on thc Property, inctuding imperiled native sagebrush communitier and big Srmc sumEcr
end winter rrnge. Seconderity, thir Eesement protectr agriculturel rangeland and open
sprce of importence to the erea.
3. Intent
Subject only to the Purpruses set forth above and express prohibitions below, the intent of
the parties is to plrmit all usis of the Property that are consistent with the preservation and
protection of the Property's Conservation Values as determined by the Trust in its sole
iiscretion. Nothing in-this Easement is intended to compel a specific use of the Property other
than the preservation and protection of the Conservation Values.
4. Baseline Documentation
The Parties acknowledge that a Baseline Documentation of the Conservation Values and
relevant features of the Property has been prepared on June 3, 2009 by Coloredo \Uildlife
Science LLC, a company familiar with conservation easements, the Property, and the environs,
and is on file with ihe parties. The Trust and Grantor acknowledge and agree that by the
execution of this Easement, they are hereby approving, acknowledging, and accepting the
Baseline Documentation as an accurate representation of the condition of the Property at the time
of this grant. The parties agree that the Baselinc Documentation is not intended to preclude the
Trust:
il ftrr l11,1,f,\l0l' ill d,lll l, ]dr { It$ tllt t li+E li{'l llt't ll I I I
Receotion* i 770757
b6r2dl2^Og 01 39r50 DH Jean Alberico
O-i7-29-R€c-rei,Siie 0o Doc Fee,0 0@ GFRFIELD coLrNrY co
usg of other evidence to establish the present condition of the Property should a controversy arlse
over its use.
5. Rights of the Tnrst
To accomplish the purposes of the Easement, Grantor conYeys the following rights to the
5.1. The right to preserve and protect the Conservation Values of the Property in
perpetuity;
52. The right to enter upon the Property at least annually at reasonable times agreed to
mutually by brantor *d the Trust to inspect the Property thoroughly, to monitor
Grantor-,s cbmpliance 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 th;t no such notice shall be required in the event the
Trust re^asonably believes that immediate entry upon the Property is essential to prevent
or mitigate a violation of the Easement;
53. The right to prevent or enjoin any activity on or use of the Property that is not
consistent with the pu.por.. of the Easement, or with the preservation and protection of
the Conservation Valuis of the Property, and the right to require the restoration of such
areas or features of the Property that are damaged by any inconsistent activity or use;
5.4. Any other rights that the Parties may approve consistent with the purposes of the
Easement and the ireservation and protection of the Conservation Values, including
adding additional purposes or defining additional Conservation Values; and
5.S. The right to be recognized as an owner in the interest of the Property embodied by
this Easemeni and therefore to receive notification frorn and join Grantor as a party to
any leases, surface use agreements, damage agteements or rights-of-way that may be
proposed, granted or requlred hereafter as i result of condemnation or eminent domain
pro"""airg-t, or for the purpose of exploring for or extracting oil, natural gas or other
mineral resources on o. telow the Property in a manner that has the potential to impact
the surface of the Property or its Conservation Values. The Trust's rights in participating
in or defending the fiop"tty from mineral development agreements are more specifically
described in Section 7.2.F,below.
5. Rightr of thc Grantor
Except as limited by this Easement, and specifically Section 7 below, Grantor reserves to
itselfand toits personal representatives, heirs, successors, and assigns, all rights and obligations
accruing from iis ownership of the Property, including the right to engage in activities and uses
of the property not prohibited herein that are not inconsistent with the preservation and
lll llti lf i,t$,\illtlilUfl Jd i lHt llil, UilE[tl,lll't I ll I
Receptionfr: ?7O157
0612dl?OQg 01,39:5G Pl! Jean AIb.ricoi-ot-21 iec Fee,$116 0@ Doc Fee:0 @@ GFRFIELo couNtY c0
protection of the Conservation Values of the Property, pursuant to Section 170(hX3) of the Code
and C.R.S. $ 38-30.5-102.
1. Prohibited end Permitted Usos
The following uses and practices by Grantor, though not an exhaustive recital, are either
prohibited or permitt-ed by this i,asement. Certain of these uses, where indicated, require notice
io o. upp.or*[ frorn the Trust, or both, according to the procedures described in Sections l0 and
t t heriin. Trust's prior notice and approval is required for uses not expressly described herein
when there is a question as to consistency with the preservation and protection of the Property's
Conservation Values.
7.1. Improv,ements. Grantor shall not construct, improve, place,. 91 replace any
peflnanent or te1"por*V buildings, structures, mobile homes or facilities, horseback
;airg arenas, racetracks, improved roads or trails, commercial or improved
.*plgro*ds, golf courses, parking lots or billboards on the Property, except as follows:
A. Fencing, Grantor may replace, repair or improve existing boundary fences and
erect new fen""r 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 Division of Wildlife guidelines for fencing in a wildlife migration
area to the extent possible for agricultural use. Fencing shall be located and designed
to best permit the flow of wildlife onto and across the Property, protect big game
winter r*ga, and conserve native vegetation and rangeland on the Property. Enclosed
corrals o, lir".to"k holding pens are prohibited except that one gathering corral and
additionat temporary holding pens are permitted to facilitate movement and handling
of livestockl
B. Roads. Driveways and Trails. The construction or location of improved or
unimprovea roads is prohibited on the Property. The development of low-impact,
unimproved dirt or natural-surfaced trails for pedestrian or motorized vehicle access
is permitted for uses allowed in this Section 7, including property maintenance and
installation of permitted fences. Any such trails shall be located and used in a marmer
that minimizes erosion and disturbance to the Conservation Values;
C. Aircraft Landine Pads .-or Strips. DirL gravel, paved or otherwise improved
aircraft landing pads or strips are prohibited on the Property;
D. Utilities and Technoloey. At the time of this Grant, there are no utilities,
pip"ti"". o. ott ". t""t *logy infrastructure located on the Property' The granting of
Laiements or rights-of-way for, and the installation or construction of, any utilities,
pipelines or technology infrastructure is prohibited unless otherwise approved by the
Trust, except as may be created hereafter by an exercise of eminent domain or
condemnation, in which case the Trust shall be notified and included as a party to any
lll ilFr ll1, ff \l' illl litu fi , ldl 4, ll+ ] lll'1, lf tr U.i!, lll' t I ll I
Reception$ i 770757
@612612A09 01 39:50 Plv Jean Qlberrco8 ol 23 Rec FeE,S116.00 Doc Fee:0.00 GARFIELD COUNTY C0
negotiations or agreements with the condemning authority pursuant to Section 5.5
above; and as expressly permitted below:
,:. Utiliw Lines. Grantor reserves the right to install or grant an easement for the
installation of one overhead utility line across the Property, and necessary
connections to wells or pumps as permitted below, upon prior notification to the
Trust, provided adequati m"*ur"i are taken to locate and install such line with
minimal disturbancq to the Property and its Conservation Values, and to restore
any damage to the Property as best as reasonably possible within three months or
according to a timeline approved by the Trust;
ii. Communications. and Altemative Energv Teghnologies. Wind-powered
electric g.ne.utorr, solar collectors, fuel cells, and other energy-generating
technologies, as well as cell phOne towers, network structures, and other
communications facitities or equipment are prohibited on the Proper$, except for
low-impact amenities that that have no or negligible surface impact to the
Property, are self-contained or portable, and are not visibly obtrusive from public
rigtrts-of-way (such as fence-mounted solar panels, network routing devices' or
windmills attached to and powering pumps or stock tanks), or as may be
othenvise approved by the Trust and not inconsistent with the preservation and
protection of the Conservation Values;
iii. Wells and P_umps. The installation of domestic and agricultural water wells,
pumps and stock watering tanks is permitted on the Property as necessary to
r"*i"" agricultural or domestic use of the Property or neighboring property.
Grantor may install wind, solar or other reasonably silent power generators on the
Property in order to power such pumps or wells, and if necessary may connect
pumps or wells to an overhead powerline as described above'
7.2. Rerource Manrgement. Grantor recognizes the importance of good resource
**ug.@topreserveandprotecttheConservationValues.
accoidingly, Grantor agrees not to alter the topography of the Property, through
placemeni 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
wiimn and upon the Property, which consists mainly of sagebrush shrublands, except: (a)
as necessary'in emergeniies, including for fire control and prevention; (b) as approved by
the Trust for habitat irh*".*"nt or restoration purposes; (c) as specifically permitted for
improvements described in Section7.l, above; (d) as necessary for the uses described
below, which shatl be conducted in a manner consistent with the preservation and
protection of the Conservation Values:
A. Livestock Grazing and Aericultural Usgs. Grantor retains the right to use the
frop".ty foi grazing of livestock in a manner consistent with sound range
management practicei as determined by the Natural Resource Conservation Service
(*NRaS) orlts successor organization, and to lease the Property for such purposes.
lll llFr l|Itr,ff l [lilt]'t lF i[ |,il i ltd l' [il]' lFliH[ Ht"l I I ll I
ReceotionB: 770157
8Llfl?t3:"'1"3?r?!u'[o J3:^F3::E"a6"cnRFrELD couNTy co
Because the Property contains sensitive sagebrush shnrblands and big game winter
range suitable to low or moderate levels of seasonal grazing, Grantor agrees to
conduct grazingin accordance with a range management plan approved by the Trust,
which ptin rt utt be prepared at Grantor's expense by a mutually-acceptable expert in
the fieid, and may involve consultation with the NRCS, Colorado Division of
Wildlife (*CDOW"), or other such qualified agency.
Agricultural uses and operations prohibited by this Easement include
construction or use of commercial feed lots on the Property, defined as confined areas
or facilities for purposes of extended feeding and finishing of large numbers of
livestock for hire. Piowing and cultivation of crops are prohibiled, unless otherwise
approved by the Trust as being not inconsistent with the preservation and protection
of the primary Conservation Values at that time; or as approved by the Trust in the
event ihe Property's relatively natural habitat values naturally diminish or change
enough over time to render more intensive agricultural use of the Property
app.op.iate. The Trust may elect to consult with the NRCS, CDOW or other then'
quAifrea agency or expert at its sole discretion in order to reach its determination;
B. For.e_st and Vegetation Management. Trees and native vegetation on the Plop"t y
*uy U. ""i, thinned or burned on a limited and localized basis as that phrase is used
by
-Section
1.170A-14(g) of Treasury Regulations to control insects, disease and fire;
to prevent personal inju.y and property damage; for domestic and agricultural uses
,rr.h uu firiwood 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
[abitat. The Trust's approval is required ibr any of the above activities affecting more
than l0% of the froperty, or requiring more than limited and localized ground
disturbance (such as road construction), and may be contingent upon consultation
with the CDOW, NRCS or other qualified agency or biologist. [f necessary to the
preservation and protection of the Conservation Values, the Trust may request, at the
irarti"u' shared expense, a range or vegetation mtmagement plan prepared by a
qualified expert to guide such management activities;
C. Weed Control. Grantor agrees to use best eflbrts to control noxious weeds and
inouriu" pl"nt 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 may be
p"..itt"O * prohibited at Grantor's discretion and according to Colorado l)ivision of
Wildlife regulations and other pertinent federal, state and local laws and regulations;
E. Water Rights and Resources. There are no water resources such as streams or
springs locatid on the Property, nor are there any water rights included in or
encumbered by this Basement; however, Grantor reserves the right to install water
lll lilFr I |lltFfl rl,$ Ut' t+ {tlii t I ilf Hr' h{L: f
t+ {: l{l' { I ll I
Reeeotion$: 77O757
oatzdt?ogg 01:39,6@ Pl'l Jean Alberrcoid;i ra-R; rii Sits.os Doc Fee:@.oo GARFIELD coUNrY C0
wells, pumps and stock watering tanks pursuant to Section 7.1.D above, and upon
prior notincation to the Trust to consffuct no more than two stock ponds or watering
iroles for agricultural use and wildlife benefit on the Property in a manner not
inconsistent with preservation and protection of the Conservation Values;
F. MineFls. At the time of granting the Easement, Grantor owns only a portion of
ttr" *i**t rights associated with the Property. For this reason, a mineral remoteness
fetter dated aprl f l, 2OOg has been completed by Rarc Errth Science, LLC in
compliance with Section 170(h) of the Internal Revenue Code and 1.170A-la(g) of
the'ireasury Regulations, a copy of which is on file with the Trust. Grantor shall not
lease, sever or sepaxate 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
parry the right to explore for and extract oil and natural gas only from below the
surfac" of ttre lroperty in a manner that is temporar,v and reclaimable and otherwise
consistent with the mianing, provisions, and terms of Section 170(h) of the Code and
Section LI70A-I4(g) of the Tr"asury Regulations, and consistent with the following:
Future Oil and Gas. Agreements. Grantor shall incorporate this Easement by
referencE and summaiize 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 Pioperty. The Trust shall have the same legal rights as Grantor to
influence and control impaits to the surface of the Property from mineral development by
third parties who own rom" o. all of the mineral rights located beneath the Property, but
shall iave no rights to proceeds or royalties from such mineral development on the
property. Trust's rights tL 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, Crantor 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 *irpuncy agreements) (the "Mineral Agreements") with
a"third purty'."guiding any oit, gas, and mineral development of the Property without the
other party;s pa.t;cipation. After consultation with and participation by the Trust in any
negotiations or discussions relating thereto, Crantor shall have the sole authority to enter
int-o Mineral Agreements afTecting the Property, provided they comply with the Treasury
Regulations urd *itt the provisions of this Easement. Grantor agr€es that, upon
cesiation of exploration or extraction activities stemming from any Mineral Agreement
Grantor enters into *ith 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 t'he impaited site is rectntoured, revegetated, and restored to its former condition.
Upon request by Grantor, the 'I'rust may assist Grantor, at the Trust's expense, in
Giantor'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.
l0
-fl
t til[ tutFJlil,rtht{Fl tt ff I {, I Hf t+tf tilJ'i[#tilil t I I I IReceptionH: 770757AOt26l?qOg 01:39.50 Ptt Jaan Atberico'll of 23 Rec Fee:glt6 00 Doc fee,O Ori GIRFIELD COUNTY CO
7.3. Othcr Rectricted Uses rnd Prrcticet.
A. g.pbdivision. Grantor may not divide or subdivide (including de facto subdivision)
the Property into more than one parcel of land. At all times the Property shall be
owned and conveyed as a single parcel which shall be subject to the terms and
conditions of this Easement. Ownership of the single parcel by joint tenancy or
tenancy in common is permitted; provided, however, that Grantor shall not undertake
any legal proceeding to partition, subdivide or divide in any manner such undivided
interests in the single Parcel;
B. Off-Road Vehicle Use. Grantor's private use of off-road vehicles is permitted
only as necessary for property maintenance and range management purposes in a
manner that does not result in erosion of or compaction to the Property's soils, or
interference with the natural vegetation and wildlife habitat of the Property.
Recreational use of snowmobiles and all-terrain vehicles is prohibited on the
Property;
C. Commercial and Industrial Activities. Grantor shall not conduct industrial activity
or any more than de minimis commercial recreational activity on the Property
pursuant to Section 2031(c) of the Code;
D. Recreati_on. Private, non-motorized recreational uses such as hiking and
horseback riding are permitted on the Property in a manner that does not impair
wildlife habitat or use of the Property;
E. Trash Disposal. Grantor shall not dump, permanently accumulate, or dispose of
trash, garbagi, or other hazardous or unsightly refuse on the Property, except for
agricultural by-products and compostable matter produced or used on the Property'
t. 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 pennit public access to the Property
on such terms and conditions as it dccms appropriate, provided that such access is consistent
with the terms of this Easement.
9. Representations and \Yalranties
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, regulation, or requirement as hazardous, toxic,
polluting, or otherwise or threatening to human health or the environment exists or has
been used or released on the Property;
lll il'r iltlttJlil4llttfit*fl llil ltHl#(l {[:l+ tlt{ t ll ll l
Reeeptions 77O157
A6t26l2AOg 01 39.50 Pl''l Jean Alberico
ii oi Zi-nei Fae:$'116,0@ Doc Fee O oo GnRFIELD couNTY C0
g.2. There are not now any undergrcund 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,
regulations, and requirements applicable to the Property and its use and there is no
existing, pending or threatened litigation in any way affecting, involving, or relating to
the Property;
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
iubordinate 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 Pemitted Actionr
The purpose of requiring Grantor to notiff the Trust before undertaking certain activities
or uses, as identified in Section 7 or elsewhere herein, is to afford the Trust an opportunity to
update its records and, ifapproval is required, to ensure that the activities or uses in question are
consistent with the terms of this Easement. Crantor shall also give notice to Trust and seek its
approval for proposed activities or uses not specifically addressed herein, pursuant to Section I l,
below. Whenever notice and the Trust's approval, as described in Section 11 below, are
required, Grantor shall notify the Trust in writing not less than 60 days prior to the date Grantor
intends to undertake the activity or use in question, unless this Easement provides otherwise, and
describe the nature, scop€, design, location, timetable, and any other material aspect of the
proposed activity or use in sufficient detail to permit the Trust to make an informed judgment as
io t}r. activity or use's consistency with the terms of this Easement and the preservation and
protection of the Property's Conservation Values. Whenever notice is required without the
Trust's approval, Grantor shall notifu the Trust in writing not less than 30 days in advance of the
proposed activity or use.
11. The Tmst's APProvaI
Whenever this Easement requires that Grantor obtain the lrust's approval for any activity
or use of the Property, or if Grantor desires approval for any activity or use of the Property not
specifically addressed herein, such approval shall be given in the 'Irust's sole discretion,
according to whether the Trust determines that such activity or use of the Property is consistent
with the preservation and protection of the Property's Conservation Values. Grantor has the
burden to prove that Grantor's proposed uses are consistent with the preservation and protection
of the Conservation Values of the Property. Where the Trust's approval is required, the Trust
shall grant or withhold its approval in writing within 30 days of receipt of Grantor's written
notice (as described in Section 10, above) of and request therefor. The Trust's approval may be
withheld at the Trust's sole discretion if the Trust determines that the action as proposed would
l2
llll ltr I llt F.fl r I I'l I lEfi lt il lH I ltF li! f hrt I l{il Iltl' { ll I I I
Rcecption#: 77O157
O6l26t2OO9 @1,39,50 pl'l Jaan Alberico
13 of 23 Rec Feer$116.04 Doc Fee:0.00 GARFIELD couNTY C0
not be consistent with the Conservation Values or the purposes or terms of this Easement. The
reason(s) for such a determination shall be set forth with specificity by the Trust in a written
notice to Grantor. Where a modihcation of the proposed use or activity by Grantor would render
the same consistent with the purposes of the Easement and the Conservation Values, the Trust
may specify, in such written notice to Grantor, such modifications to render approval
appropriate.
12. Tnrst's Remedies: Enforcement
The Trust shall have the right to prevent and correct or require correction of violations of
the terrns and purposes of this Easement. [f the Trust finds what it believes is a violation, or a
threat of a violation, the Trust shall notiff Grantor of the nature of the alleged violation. Upon
receipt of this notice, Grantor shall immediately discontinue any activity that could increase or
expand the alleged violation and shall either: (a) restore the Property within 60 days as is best
possible to its condition prior to the violation in accordance with a plan approved by the Trust, or
if immediate restoration is not possible, Grantor shall submit such plan to the Trust within 60
days; or (b) provide a written explanation to the Trust of the reason why the alleged violation
should be permitted. If the Trust is not satisfied with Grantor's written explanation, the Parties
agree to meet as soon as possible to resolve this difference. If a resolution of this difference
cannot be achieved at the meeting, the Parties agree to attempt to resolve the dispute pursuant to
Section 12.1, below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation while the Parties are attempting to resolve the
alleged violation, or if the Trust believes an ongoing, imminent, or threatened activity violates
the Easement, the Trust may take immediate, appropriate legal action to stop the activity, without
prior notice to Grantor; without waiting for the period provided for cure to expire; and without
waiting for the 60-day mediation period to expire. The Trust may bring an action at law or in
equity, ex parte as necessary, in a court ofjurisdiction, to enforce the terms of this Easement and
to enjoin by temporary or permanent injunction a violation, which may require restoration of the
Property to the condition that existed prior to the violation. The Trust's remedies described herein
shall be in addition to all remedies now or hereafter existing at law or in equity, and shall
include, without limitation, the right to recover damages for violation of the terms of this
Easement or injury to the Conservation Values including damages for the loss of scenic,
aesthetic, orenvironmental values. Without limiting Grantor's liability therefore, the Trust, in its
sole discretion, may apply any damages recovered to the cost of undertaking any restorative,
remedial, corrective action on the Property.
Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and
any forbearance by the Trust to exercise its rights under this Easement in the event of any breach
of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by the
Trust of such term or any subsequent breach of the same or any other term of this Easement or of
any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise
of any right or remedy upon any breach by Grantor shall impair such right or remedy or be
construed as a waiver. The failure of the Trust to discover a violation or to take immediate legal
l3
il I liFr I lli[Jl rlil lFilljl{ rt l$ t I i{ rE l*lf H L: Ifil lll' t I I I I I
Receotionfl: 77O757
@6t2dr2OO9 o1.39:50 prl Jean Alberico
14 of 2f Rec Fee'$116.@0 Doc F€erO.OO GBRFIELO COUNTY CO
action shall not bar the Trust from doing so within four years from the date upon which the
violation is discovered.
All reasonable costs incurred by the Trust in enforcing the terms of this Easement,
including, without limitation, costs and expenses of pursuing legal action and reasonable
attorney;s fees, and any costs of restorationnecessitated 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.
12,1. Medietion. If a dispute arises between the Parties conceming the consistency of
any proposed use or activity with the terms of this Easement, and Grantor agrees not to
proceed with the use or activity pending resolution of the dispute, either Party may refer
the dispute to mediation by written request upon the other. Within l0 days of the receipt
of such request, the Parties shall select a trained and impartial mediator with experience
in easernents and other land preservation tools. If the Parties are unable to agree on a
mediator, then the Parties shall each select a mediator with experience in conservation
easements and other land preservation tools, and those two mediators shall select a
mediator who shall alone mediate the dispute. Mediation shall then proceed in
accordance with the following guidelines:
A. Purpose. The pu{pose of the mediation is to: (i) promote discussion between the
Parties; (ii) assist the Parties to develop and exchange pertinent information
concerning the issues in dispute; and (iii) assist the Parties to develop proposals
which will enable them to arrive at a mutually acceptable resolution of the
controversy. The mediation is not intended to result in any express or de facto
modification or amendment of ths 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 when the Trust believes that Conservation
Values are continuing to be harmed during the mediation process, in which case the
Trust can suspend its involvement in the mediation to remedy this threat of ongoing
violation. Representatives of the Parties with settlement authority will affend
mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be deemed
confidential and shall be disclosed by the mediator only with the consent of the
Parties or their respective counsel. The mediator shall not be subject to subpoena by
any Party in any subsequent litigation;
D. Iime Beriod. Neither Party shall be obligated to continue the mediation process
beyond a period of 60 days from the date of receipt of the initial request or if the
mediator concludes that there is no reasonable likelihood that continuing mediation
ll I ItFr lttFJI r[tl I H hhl( I Flt I tltlilil H tlUffi ltl' i ll tl I
Receoticnfl: 77O137
aatzdtzgas 01:39 50 Pl'l Jean Qlberrco;E'6i i5-[.;'rE! iirb.oo-ooC eie,o co GFRFIELD couNTY co
will result in a mutually agreeable resolution of the dispute. The Parties shall equally
share and each bear 50% of the mediator's fees.
13. Costs, Liabilities, Teres, and Environmentel Compliancc
13.1. Costs. L€grl Rcquirements rtrd Liabilitics. Grantor retains all responsibilities
and obligations and shall bear all costs and liabilities of any kind related to the
ownership, operation, upkeep, and maintenance of the Property, including the payment of
property and other taxes related to the Propefiy, 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 construed or interpreted as prohibiting Grantor from
obtaining loans secured by deeds of trust encumbering the Property, provided any such
deeds of trust are subordinate to this Easement, and shall encumber the entire Property;
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 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 Hermless. Grantor shall hold harmless, indemnifu and defend the Trust
and its members, directors, officers, employees, agents, and contractors and the heirs,
personal representatives, successors, and assigns of each of them (collectively, the "Trust
Parties") from and against all liabilities, including, without limitation, court awarded
third-party attorneys' fees, arising from or in any way connected with: (a) injury to or the
death of any person, or physical damage to any property, resulting from any act,
omission, condition, or other matter related to or occurring on or about the Property,
regardless of cause, unless due solely to the negligence or intentional act of any of the
Trust Parties; (b) the violation or alleged violation of, or other failure to comply with, any
state, federal, or local law, regulation, or requirement, including, without limitation,
CERCLA, by ary pcrson 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 f'ederal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating
to the air, water, or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Trust Parties; (d) payment of taxes
imposed upon or incurred by the Propefiy 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 (0 the obligations, covenants, representations, and warranties described
herein;
il Hr* Hfi F.fl rt!{l[til lit llll, h+f l#f H+:!ilf ll{'{ I ll IReccpt.ron$: 770157
@6126t2O@9 01 r39:50 Pll JEen Alberico16 0f 23 Rcc Fea $116.00 Doc Fee,o.oo G0RFIELD couNTy co
It.4. \t+lver of Certrin,Ihfens€$. No action shall be commenced or maintained to
enforce the terms of any building restriction described in this Easement, or to compel the
removal of any building or improvement, unless said action is commenced within four
years from the date of discovery of the violation for which the action is sought to be
brought or maintained. To the extent that any defense available to Grantor pursuant to
C.R.S. $38-41-ll9 is inconsistent with the foregoing, Grantor waives that defense.
Grantor waives the defenses of laches, estoppel and prescription with regard to the
enforcement of all other terms of this Easemen! and
13.5. Acts BGVond Grutorts Contrcl. 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 resulting llom such causes. Grantor is not
responsible for acts of third parties not authorized to access the Property, but shall be
responsible for all third parties, including guests or invitees, authorized by Grantor to
access the Property.
14. ExtingufuhmcntrndCondemnation
14.I. Ertinquishment. 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 justifring the termination or extinguishment of the
Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns,
to implement any or all of the uses permitted under this Easement shall not impair the
validity of the Easement, or be considered grounds for termination or extinguishment of
this Easement.
lf 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 in a court of competent jwisdiction after the court has
explored all options for importing other purposes for the Easement pursuant to the cy pres
doctrine. Each Party shall promptly notify the other when it first learns of such
circumstances. The amount of the proceeds to which the Trust shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Property subsequent to such termination, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with the Proceeds
paragraph below;
142, Condemnrtion. If all or any part of the Property is taken by exercise of the
power of eminent domain or acquired by purchase in lieu of condemnation, whether by
public, corporate, or other authority, so as to terminate the Easement in whole or in part,
Grantor and the Trust shall act jointly to recover the full value of the interests in the
16
lll lil[ llltFJl riltt ffiiltfl lHil L+fi l*1{l *!'lsf lll' t ll ll I
{9''"4'"i;{ffl!iriJ'';1{['*'ss:Pl::alss.ARFrHLDcouNryco
Property subject to the taking or in-lieu purchase and all damages resulting therefrom. All
expenses reasonably incurred by Grantor and the Trust in connection with the taking or
in-lieu purchase shall be paid out of the amount recovered. The Trust's share of the
balance of the amount recovered shall be determined by multiplying that balance by the
percentage set forth in Proceeds paragraph below;
143. Proceedr. Grantor and the Trust stipulate that as of the date of this Easement,
they are each vested with a real property interest in the Property. The Parties further
stipulate that the Trust's interest in the Easement has a value of seventy percent (70%) of
the fair market value of the Property from this date forward, and such percentage interest
shall remain constant in relation to any futurp fair market value of the Property. Such
percentage interest shall be used only for determining the Trust's proportion of proceeds
from any payment of damages or action resulting from circumstances described in the
Extinguishment and Condemnation paragraphs above. The Parties agree that the value of
any improvements to the Property made by Grantor after the date of this Easement is
reserved to Grantor. The Parties further agree that to the extent possible, any proceeds
paid to the Trust as a result of this Section shall be used exclusively for purposes of
restoration or eniancement of the Conservation Values on the Property. If it is not
possible to use all of the Trust's proceeds in this manner, such as if the entire Property is
condemned or Easement terminated, the Trust may elect to apply its proceeds to another
purpose within its mission.
15. Assigument
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 Cattlemen's Agricultural Land Trust
(*CCALT"). If CCALT is unable, unavailable, or unwilling to accept this Easement, then, with
prior notice given to and upon consultation with Grantor, Trust may transfer and assign this
Easement to an organization that is: (a) a qualified organization at the time of transfer under
Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision
then applicable), and the applicable regulations promulgated thereunder; and (b) authorized to
acquire and hold conservation easements 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 Gratrtor,
Sarah Lillian McNulty, or her children still own the Property at the time of such proposed
transfer, the Trust shall obtain the Crantor'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 notifo and consult with Grantor in advance of any
proposed transfer, at which time Grantor may voice any concerns as to any such proposed
transfer.
15. Subsequent Transfers
t7
il ffr* I ffi ffl ilI h ll h,l t rt lHl,ltrE lilI I ilUill flll "i I I I I I
Receotion$: 770157
oatzdtzgog 01 :39:50 Pt'l J.rn qlberico
i8 oi 23 R€c Fs€:S115 00 Doe Fee:@.00 GARFIELD CoUl'iIY C0
Grantor agrees to notify any party who may purchase, lease, or otherwise hold interest in
this Property of the existence and terms of this Easement, and to provide a copy of the Easement
and the Baseline Documentation to such party if requested. Grantor further agrees to give notice
to the Trust of the transfer of any such interest prior to transfer. The Trust shall be available for
and welcome the opportunity to meet with any prospective buyers or transferees of the Property
to explain the terms of this Easement to potential new owners prior to or after sale closing, or to
answer any questions or concerns related to this Easement, or any of its supporting
documentation, including the Baseline Documentation.
In addition, at any time Grantor transfers the Property to a third pany (other than to
Grantor's direct descendants), that party shall pay a fee of $f00.00 to the Trust to cover
administrative costs associated with the transfer as well as put the third party purchaser on notice
of the terms of this Easement. The failure of Grantor to perform any act required by this
paragraph shall not impair the validity of this Easement or limit enforceability in any way.
17. Notices
Any communication that either Party desires or is required to give to the other shall be in
writing and served personally or sent by first class mail, postage prepaid, addressed as follows or
to such other address as either party from time to time shall designate by written notice to the
other:
To 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
18. Recordation
The Trust shall record this instrument in timely fashion in the official records of Garfield
County" Colorado and may re-record it at any time as may be required to preserve its rights in
this Easement.
19. Amendment
If circumstances arise under which an amendment to this Easement would be appropriate
to promote tlre 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 must be consistent with, and protect and
preserve, the purposes of the Easement and the Conservation Values and may not affect the
Easement's perpetual duration. Any amendment must be in writing, signed by all the Parties,
and recorded in the records of the Clerk and Recorder of the appropriate Colorado County.
lll fti'r lttFJlilfl l,[hl*,l,lHLltrE]+{ll+tllilllll't ll ll I
Reception# i 170757
0612612A09 01:39:5@ Pll Jean Qlberrco
19 of 23 Rec Fee;$115.00 Doc Fee,o 00 GARFIELD COUNTY C0
Corrections to correct factual mistakes or typoglaphical or clerical effots may be made at the
discretion of the Trust. No amendment shall be allowed that affects the qualification of this
Easement or the status of the Trust under any applicable laws, including C.R.S. Section 38-30.5-
101, et seq., or Section 170(h) of the Code or any regulations promulgated thereunder. No
amendment shall be permitted that will confer a private benefit to Grantor or any other individual
or entity (see IRS Reg. 1.170A-14(hX3Xi)) greater than the benefit to the general public, or that
will result in private inurement to a Board member, stalI or contract employee of the Trust (see
IRS Reg. 1.s0 I (cX3)-l(c)(2)).
20. Subordinetion
The Property is not subject to any mortgages or liens-
21. General Provisions
21.1. Definitionr. The terms "Grantor" and "the Trust," wherever used herein, and any
pronouns used in place of those terms, shall refer to, respectively, Grantor and her heirs,
personal representatives, executors, administrators, successors and assigns, and the Trust,
its successors and assigns. The term "Property," wherever used herein, shall ref-er to the
land described in Exhibit A. The terms "Easement" and "Deed of Conservation
Easement" refer to the immediately vested interest in real property defined by Colorado
Revised Statutes $$ 38-30.5-107 et seq.,andthis legal document, consisting of the rights
and restrictions enumerated herein, by which said Easement is granted;
21.2. Controllinq Law. 'I'he intelpretation and performance of this Easement shall be
govemed by the laws of the State of Colorado;
21.3. Liberal Const.mction. This Eascment shall be liberally construed in lavor of the
grant to effect the purposes of the Easement and the policy and purpose of C.R.S. $38-
30.5-l0l 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 and
the preservation and protection of the Conservation Values that would render the
provision valid shall be favored over any interpretation that would render it invalid. The
common law rules of disfavoring restrictions on the use of real property and construing
restrictions in favor of the free and unrestricted use of real property shall not apply to
interpretations of this Easement or to disputes between the Parties concerning the
meaning of particular provisions of this Easement;
21.4. Swerebilitv. If any provision of this Easement, or the application thereof to any
p€rson or circumstance, is found to be invalid, the remainder of the provisions of this
Easement shall be deemed severable and remain in full lbrce and effect;
21.3. Entire Arreement. 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;
lll llt'r lttFJlrlil,llllh lll'lltl lJffl+lf lilL'tlfiIlll't ll lll
Receotion# | 770737
oat2dtzaag 01:39,50 Pl'l -san Albericoi6 oi 2s-Rec Fai::4116.00 Doc Fae 0.00 GnRFIELD couNrY c0
21.6. No Forfeitune. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any r€spect;
21.7. Joint and Soveral ObliFation. The obligations imposed by this Easement upon
Grantor shall be joint and several.
21.E. Successors. The covenants, terms. conditions, and restrictions of this Easement
shall be binding upon, and intre 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. Terminetion of Rieh$ and Obligatio4!. A Party's rights and obligations undcr
this Easement terminate upon transfer of the Party's interest in the Easement or the
Property, except that liability tbr acts or omissions occurring prior to transfer shall
survive transfer;
21.10. Crptions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation;
2l.ll. Counteroarts. 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 ofany disparity between the counteqparts produced, the recorded counterpart shall
be controlling;
21.12. Merzer. 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
docurnent executed in the future affecting this Easement;
21.13. Acceptance of Gift. The Trust acknowledges receipt and acceptance of this
Easement encumbering the Property described herein, for which no goods or services
were provided; and
21.14. Ilsvelopment Rights. Grantor hereby grants to the'Irust all development rights
associated with the Property except as specifically reserved herein for the limited purpose
of ensuring that such rights are forever terminated and extinguished, and may not be used
by Grantor, the Trust, or any other party.
IN WITNESS WHEREOF, Grantcr and the Trust have executed this Deed of Conservation
Easement as of the date first written above.
GRANTORT .4sE! "{*-t
fl' NI-W,
ll I ttl I rflt FJlr i$ I Ult tlvt, I b+ HH I$l l+: U{ t ltt t I I I I
Reception*: 77D137
OOl26l2O@9 01:39:50 PN Jean Alberico
21 of 2? Rec Fee:$116.OO Doc Fee 0 O0 GARFIELD COUNTY C0
STATE OF COLORADO )
) ss.
COUNTY oF G{fffid/ )
The foregoing instrument was acknowledged
2009, by Sarah Lillian McNulty as Crrantor.
WITNESS my hand and official seal.
[SEALI
M. SUMERA
Notory Publlc
Stote of Colorodo
The tbregoing instrument was acknowledged before me this 4* d^yof .Jar.-n- ,
2009,by Martha Cochran as Executive Director of ASPEN VALLEY LAND TRUST, a
Colorado nonprofit corporation.
WITNESS my hand and official seal.
lsEALl
M. SUMERA
Notory Publlc
Stote of Colorodo
before me this q+1* day of J.qanl ,
Notary Public
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
,r,'
STATE OF COLORADO )
COI.JNTY OF r,O,TFTP-II ],'.
My commission expires:
NotaryPublic L .t t
My commission expires , 'l 170/Zo tt
2t
I I I I lffli I ffi ItJt illtf Iff H rthill HIE lfl I tt h:ll+f lll' { ll I I I
Receot ion$: 770157
@612612009 0'l .39:50 Prrt Jear nlber ico1r';i'il-e";'ree,5ile oo-D6c rii'o oo GflRFIELD cour'rlY c0
Erhibit A
Legel Descripflon of Property
Parcel l:
The W% SW% SE%, SE% SW% SE%, SW% SEy4SEyt all in Section32,T.6 S., R. 87
W., 6th P.M. Containing 40 acres, more or less; and
Parcel 3:
The NW% NE% of Section 5, T. 7 S., R. 87 W., 6s P.M. Containing 40 acres, more or
less.
County of Garfield
State of Colorado
22
I lt l*Fr I IttFJl r I ffi 111t I t rt tr+t Hf$ Hn'f Ht' : ttNr I ttl' t I I ll I
Reecptionfl: 77@157
aBt26r2AO9 01:39 50 Prl Jaan qlberlco
23 0l 23 Rec Fee:$'.116 o@ Doe Fee:o 00 GARFIELD COUI'JTY C0
E)ilIIBIT B
Mep of Property
.,t
Romainder properly owned by Sarah Lillian
McNulty (not encwnbered
by conservation easement)
\'.
l''='* I Access Road
x x X Fence line with no wire
X--+< Fence (varied configuration/disrepair)
23
Iil Hr,IilE lhl' Hlilll I hr lrhf,lt lhtl li'tlllllltl Br'l' il lll
ReceotionH: 859595bitzdtzots 11,27:11 At1 Jean AlbericoY';?"ii-i;. ie!,siit.oo ooJ r"e,o.oo GARFiELD couNTY c0
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. 38-3 5 -127 .
FIRST AMENDED AND RESTATEI)
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 Febilory, 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 81 623 (the "Trust")(collectively, the "Parties').
The foilowing 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 26,2409 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
97A-963-8440
I I I 1l[r lilE lh1 Eth lldf FI'T'hrl +'li'r'IltJ:fr llirliJ,' tul' Il ll I
ReceotionB : 859596
OZTZS'12O|S 11;27t11 Qfl Jean AlbericoI-i,i-i6-iE"'reE,iist.oo Doc Fee o-00 GRRFIELo coUNTY co
WHEREAS, Grantor now intends to donate a second conservation easement in gross tothe Trust by this First Amended and Restated Deed of Conservation Easement to giant andencumber an additional 107 acres, more or less, of real property owned by Grantor ajjacent tothe First Donation Parcel and described in Exhibit A as the'tecond Donati,on parcel.,, '
WHEREAS, Grantor and the Trust intend this Easement to encumber the property
comprised of the First and Second Donation Pareels, and to amend and restate the original Deedof Conservatign la1-ement ("original Easement") such that all of the terms and conditionscontained herein shall apply to the conservation easements over the First and Second DonationParcels (to be referred to collectively as the "Easement"); and upon its execution andrecordation, this Easement shall supersede and replace the orilinal Easement in its entirety sothat it shall have no further force orlffect;
WHEREAS, the Original Easement contained an error in the legal description of the FirstDonation Parcel by referring to the Nwl/4NE 114 of Section 5 insteaj'of Govemment Lot 2 inSection 5, which enor has no effect on the size or location of the First Donation parcel, but ishereby corrected and replaced by Exhibit A of this First Amended and Restated Deed ofConservation Easement;
WHEREAS, the Property possesses natural habitat, wildlife, scenic and open space(including agricultural) values (coliectively, "Conservation values") of importance to Grantor,the Trust, the people of Garfield County,
"rd th. people of the State of Colorado that are worthyofpreservation;
WHEREAS, the Conservation Values of the Property are more particularly described inthe Baseline Documentation, described in section 4 herein, and includ" ih" followingconservation purposes, the protection of which are recognized for qualified conservationcontributions under-section 170(hX4XA) of the Intemal Rwenue Code of 19g6, as amended("IRC"), and under section 1.170A-14(d)-of the Treasury Regulations:
o Relatively Natural Habitgl i$ 1.170A-14(dX3)l The property is entirely occupied bynative shrublands in excellent condition. TL; dominant prrnt Lro.iations are MountainBig Sagebrush Shrubland and Rocky Mountain Mixed Montane Shrubland, with patchesof Two-needle Pifion-Utah Juniper woodland. sagebrush shrublands in Colorado havebeen designated as rare and/or imperiled by the Colorado Natural Heritage progranr, andare of high value to wildlife designated ou L ,onr.rvation priority by Colorado parks andWildlife.
The-Property provides habitat for a rich assemblage of wildlife species, includingsagebrush dep-endent species, and species associated with montane shrubiands and pinon-juniper woodlands. The woodland and shrubland habitats provide valuable food andcover for wildlife. In particular, the Property provides important mule deer habitatthroughout the year and Rocky Mountain *lk *ini., habitat linctuJing winter range andsevere w!1ter range)- The Property also provides important aI roraging habitat foibtactbears and birds of prey, and supports numerous othei wildlife and url* species.
Colorado Parks and Wildlifehas designated approximately half of the property asbald eagle winter range and winter forage aia. In ,idition, the property is known to be
I I I ll,r rr lI tl,
I f l', lli h I IJ, l' I i lt' l' t lt / L f fi H ilj,+t t"+ I I I I
Receot i onfl : 859595aztzdlzarc 11;27:11 AYI Jean Albericoi-of-ZE Rec FeE:$131.00 Doc Fee:0.00 GARFIELO COUNTY CO
within the home range of American kestrels, red-tailed hawks, golden eagles, and five
owl species, including great homed owls, long-eared owls, northern pygmy owls,
nofthern saw-whet owls, and western screech owls. Of the wildlife spe<;ies klown 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(dX4)]. 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 Ratrch, and
though not cunently 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 ofagricultural 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 itnportant 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
spoce." The goals of Section 6, which are suppofted by policies, are to:. 1) Promote
the continuation and expansion of ogricultural uses; 2) Presene 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 'oensere that natural, scenic, ecological, and critical
wildlife habitat resources are protected and/or impacls mitigated."
-il| Hr.riljlEltr'l' iliiltl' lllf h rllll trli Jl H1Iil l [l{ -l ll I
[fl:',qidA'# i.ffi 3u, #:'.31?E : aa" .RRF r ELD c,uNTy co
Statewide Policies: The State of Colorado has recognized the importance of private
efforts toward thc prcservation of land by the enactment of Colorado Revised Statutes
(*C.R.S.") $$38-30.5-lAl et seq.ln addition, C.R.S. $33-l-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 enjoymentof 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. $$38-30.5-
101 et seq. and $170(h) of the IRC with the enactment of the Conservation Easement
CrEdit Against Income Taxes, C.R.S. 539-22-522, which provides a transferable tax
credit for qualifuing grants of conservation easements in gross.
The Colorado Department of Agriculture Statutes, C.R.S. $$35-l-lAl 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 Properly 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 I Species of Greatest Conservation
Need as designated by CPW, all of which have special conservation status in the
State of Colorado (including bald eagle, Brerver'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(bXIXE)(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 fonvard 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
lll llJr,rilll lili,fftll{lb l',ttlr}hlil,f,ff{ll,} l+'L lr,t ll fl IRecept ion# : 859595
0212512015 11:27:11 AYr Jean Alberico5 ol' 25 Rec Fee:9131.00 Doc Fee:O.@O GRRFIELD COUNTy CO
o S_isnificant 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. Conseniation 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 preserue and protect in perpetuity the Conservation
Values;
WHEREAS, the Trust is a charitable organization as described in IRC $501(cX3), and is
a publicly-supported organization as described in IRC $170(bX1XA) whose primary purpose is
to permanently preserve and protect the nahual, 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(hX3), possessing the resources and
commitrnent 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. S12-61-724 and in Rule 2.1 of the Code of Colorado Regulationg
Qualifications for Certification to Hold Consentation Easements (4 CCP. 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
'$/HEREAS, 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.
AGREEMfNT
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:
lll li,rbH []l.ll t#llt{ liLf h l+lt#,rild l$l, Id't h}, Il ll I
Recept ion$: 859596
O212512015 11r27:11 All Jean Alberico6 af 25 Rec Fee $l3t O0 Doc Feer0.00 GFRFIELO COUiITY CO
1. Gnlxr
Grantor hereby voluntarily and irrevocably grants and conveys to the Trust this perpetual
Conservation Easement in gross ("Easement') over and across the Property pusuant to C.R.S.
$$38-30.5-101 e/ saq., 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 reseryations,
easements, encumbrances and exceptions of record, except as otherwise set forth herein.
2. PuRposBs
Pursuant to the terms of C.R.S. $$38-30.5-l0l 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
Vaiues and, in the event of their degradation or destruction, to require restoration of such
Conservation Values. The primary pulpose 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. INreNr
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. Bnspllirtr DocutvleNTATroN
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 incolporated 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 Propefiy 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.
-lll HLil,I ll']lEl\lt1l' I*it,irU,lltrttrr,!, llill Hh h]' ;l il I
Receotion#: 859596tiii{*)als l 1 :27: 11 Al'l Jean Alberico
i';?-2e-i;"'ieE,Sisr.oo oo" ree's-oo 6ARFIELD ccuNTY c0
5. Rrcsrs oF THE TRusr
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 vosts with the Trust (as
agreed in Section 1 and stipulated in Section 14.3, herein), and includes the following affirmative
rights:
5.I. All development rights deriving from the Property in any way ("Trust's
Development Rights"), except those expressly reserved by Grantor in Section 7 ofthis Easement.
The Parties agree that Trust?s Development Rights shall be held by the Trust in perpetuity in
order to fulfiil 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, to prevent 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 13.5 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 l4), 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, fucurs 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(hX4) and C.R.S. $33-30.5-102.
nil ilkilrttl'l:llthlilLH ill,tlF[If i{rffHffi H,il ll ltlReceotion*: 8595S8gztzEitzols 11:27:11 411 Jean nlberico8 of 25 Rec Fee:$131 OO Doc Fee:0.00 GFRFIELD COUNTY CO
1. PnoHlsrrpD AND PnnpurrrD UsEs / RrsnnvBD AND RrsrnrcrBD RrcHTs
The following uses and practices by Grantor, though not an exhaustive recital, are either
pennitted 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 pennanent 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 one2-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 (l) 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, bams 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,
landseaping 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-culrent
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
I I I I i[J IJ fl I [tj' FrlF F'f. llflfr lr |
;, ;, [;rtl tl'trI I li I I J ] r ttl, Il I I I
Receot ionfl: 859596
AZtzdtzalS 11:27:11 Atl Jean Alberico9 of 25 Rec Fee;$131.00 Doc Fee:0.00 GARFIELD C0UNTY C0
permit 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-aiign 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 2l.l), unimproved two-track vehicle
trails are permitted as necessary for property maintenance and agricultural pulposes.
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
agriculfural 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 2l.l).
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 inflastructure is prohibited outside of the Building Envelope
trnless otherwise approved by the Trust, and as expressly permitted below:
a. Utility Lines. Grantor reserves the right to install and maintain, and to gnnt
easements for the installation and mainteniulce of, utility lines across the Property,
- l l l H,lFr ll+tl Fifl, HL H,f, h
r4, lt'Jh Fl l l H I I hll l lJU, r Sll, I l l l IReception$: 859596
OZl25l?.O15 1l:27:11 AII Jean Alberico
1O of 25 Rec Fee.9131.00 Doc Fee:0.G0 GRRFIELD COUNTY CO
including but not limited to overhead powerlines and buded 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 En_ergy Technologies. Outside of the
Building Envelope, only low-impact, off-gdd (as those terms are defined in
Section 2l.l) 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. Cornmercial 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 Puqrpq. 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 rvithin 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 GtUzing and Agriculrural 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 sagebnrsh shrublands and big garne 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.
l0
- I I I #r.r l}lt lf fl lfl , llff I I{{, llt[' hIX llV I fl I ['* td, I I I I IReception$: 859596A2l25l?O15 11127111 An Jean Alberjco11 ot 25 Rec Fee;$.131.OO Doc fee,o.g6 GARFIELD cOUNTy co
The following agricultural practices are considered inconsistent with the Purposes of
this Easement, and are therefore prohibited on the Properfy: (l) 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
aroas or facilities for animals, within which the Property is not vegetated or is not gazed
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 (a) 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 agriculfural use of the
Property appropriate. The Trust may elect to consult with the NRCS, CPV/ 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 10% 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 permitted activities affecting more than lAo/o 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;
ll
llll il,rrrllllffiffili lll El,l,l lilhh +EHllfiltpr[I'l1, ] ltlReceotionfl: 859596a?t2lit21l5 11:27:11 At1 Jean Alberico1? of 25 Rec Fee:$131.O0 Doc Fee:@.00 GnRFIELD COUNTY CO
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 11,2A09 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
l.l70A-14(g) of the Treasury Regulations, a copy of which is on file with the Trust.
Crantor 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, lock, 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 l.l70A-14(g) of the Treasury Regulations, and consistent with the following:
a. Future Oil and Gas Aereements. 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 Properfy. The Trust shall have the same legal rights as
Grantor to influence and control impacts to the surface of the Property lrom 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
adm inistrative actions;
Pursuant to Section 5.5 herein, Grantor and the Trust agree that neither party shall
unilaterally enter into oil and gas leases, righrof-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 ent€rs 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. Of[:Road Use of Vehicles. Grantor's private use of off-road vehicles is permitted
only as necessary for property maintenance and range management purposes in a manner
t2
r I u H/ ',n[Fltrfi H' I I [I F,t!{lh I HIi i{ri Ell trl !, flr,tr I I ll IRecept i onfl : 859596
?3' 37' Zg'E"l'i33, J i.?%.'EA: P:::61 SS GcRF r ELD c,uNry co
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-
tenain vehicles is prohibited on the Property.
H. Commercial and Industrial Activjties. Grantor shall not conduct industrial activity
on the Properfy, and shall not conduct commercial activity except in a mamer consistent
with the terms and Purposes of this Easernent, such as grazing of livestock. Grantor
shall not conduct any more lhan de minimis commercial recreational activity on the
Property pursuant to IRC $2031(c).
I. Recreation. Low-Impact (as defrned 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. Pust,lc Accuss
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. R-ErREsnr{TATroNs AND WARRANTTEs
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, Iisted, 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. Crantor and the Properly 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;
13
Jlll f,rrrlllllt{,}[!,[E U$ f ru ht UtlLi[tlFl tr hl, Il ll IRecept ion# : 859596
A2125t2O15 11:27:11 Al1 Jean Alberico14 of 25 Rec Fe€:9131.00 Doc Fee.o 60 GARFIELD CouNTy co
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.
I0. NoucE oFINTENTToN To UnpnRrlru CEnratx PrnrvImrBD AcrtoNs;
Rrqunsrs FoR APPRoYAL
The purpose of requiring Grantor to notifr the Trust before undertaking certain activities
and uses of the Property, as identified in SectionT 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 notiff 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,
Iocation, 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. TunTnusr'SAPPRovAL
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 specifu to Grantor any modifications to the request that might render the request consistent
with the terms and Purposes of the Easement.
12. TRusr's Rsl{rpIrs: EnpoRcsMENT
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
l4
Illl [flrJfflfilfllrlll FII ltf,lt|IlF,lTHltl,,LIlffi ll'it El lll
Rece,otionfl: 859596
ozt2d12015 11:27:11 Fl',l Jean Alberico15'oi 2a Rec FEe:$131.9O Doc Feero.O@ GnRFIELD CoUNTY co
violate this Easement, damage the Conservation Values, or are otherwise inconsistent with the
Purposes or tefins 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 noti$ 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
violatiou 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 Ioss 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 terrns 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
attomey'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
ally proposed activity with the terms of this Easement, and Grantor agrees not to proceed with
15
f il ff trfllil{fl'U}Lll"ll l}iirtrlr l'tllll hr ltTiPr lil'rl, ll ll l
ReceotionB: 859596
o,atil33tF":',31'11.?T."'33: P:::5lEE GARFTELD cour',Ty c0
the activity pending resolution of the dispute, either Party may refer the dispute to mediation by
written request to the other. Within l0 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 resuiting 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. QonfidentialilV. 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 50oh
of the mediator's fees.
13, Cosrs, Lnrtllurs, TAxEs, AND BNvIRoNMENTAL CorvtpLlaNcs
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 shali 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 physicalor managerial
control over the day-to-day operations of the Propefi, or over any of Grantor's activities on the
I6
Il I I Hrr[lffi ErtrrDl I il+ If M I :l I' l,J I I IJil, I hllt L lt t rl rtd, I I ll IReceptionH:8595SE
O212512015 11:27:11 At1 Jean Flberico17 of 25 Rec Fe6.S131.00 Doe Fee:O.OO GARFIELD COUNTY CO
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, indemnifr 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") frorn
and against all liabilities, including, without limitation, court awarded third-party attomeys' 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-i02(1Xb)) 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 def,rned, listed, or otherwise classified pursuant to
any federal, state, or local law, regulation, or requirernent 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 (0 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-l l9 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. ExTTNcUTSHMENTANDCoNDEMNATToN
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 iand and its use
shall not be deemed circumstances or conditions justiffing the termination or extinguishment of
the Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to
17
Il I I flil'r llll F,l,tfit', Hlr I tll lll,t,hll li'rl tlli h tr, ft 1, E I I I I
ReceptionH:859596
AZl25l2O'15 11227:11 Afi Jean Alber ico18 ol 25 Rec Fee:$131.00 Doc Fee:O.00 GARFIELD COUNTY C0
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 pa,1, 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
Pulposes for the Easement. Each Party shall promptly notiff the other when it first leams 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 eontribution, as
required by $1.1704-1a(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;
143. 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 $ l.l70A-la(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 Easernent
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. AssrcxurNT oF Elsnunnr
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
l8
- lll tl,r|r llll l{fl } ilI, l{,1, I .ll, ll I r hl,I li lil 14, i lUr 1,,,i, I tl I
Recept i onH : 859596
O2t2512015 11 :27: I I Fi'l Jean Alber ico
19 ot 25 R€c Fee.$l3l.Oo Doc Feero oo GnRFIELD coUNTY Co
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 wittrheld. After such
transfer, the Trust shall have no further obligation or liability under this Easement. Grantee shall
notifr and consult with Grantor in advance of any proposed transfer, at which time Grantor may
voice any concems as to any such proposed transfer.
16. SussneusNT TRANSFERS oF PnopuRry
Grantor agrees to notifo any party who may purehase, 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 translers 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 parfy 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. Noucps
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
l9
lll I ilfr ttil [dtl#':llll IIJ' I I:], hlll lrl I,l I'l[r,]!ri rh]' I I I I I
Receot ionfi : 859596
l'at7i9'e"li;3It1.?Too's:l F::?5:33 GARFIELo cout'rrY co
18. RrcoRoerrox
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. Aprcxnruuxr
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 facrual mistakes or typographical or clerical
elrors 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. l.l70A-14(h)(3xi)), 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)-l(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. SusoRDrxarroN
The Property is not subject to any mortgages or liens.
21. GsxrRAr, Pnovrsroxs
21.1. Definitions. For the purposes of this Easement, the following words and phrases
are defined as follows:
A. Grantor and Trust. The terms "Grantor" and "t]re 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 $938-30.5-107 et seq.;
C. Applicable Lawq. The term "applicable laws" refers to all relevant federal, state,
and local statutes, ordinances, judicial decisions, executive orders, codes or regulations
having the force and effect of law that have bearing on or may control certain uses
allowed by the Easernent;
20
il t if rr F lil H {t l} ti l, l$il I, trA U/,r I Jll l{frl li ifl' $ r l, ['il ; I I I I
Receotion$: 859596ozt2ll2o't5 11 :27: 11 Atvt Jean Atberico
2"1 ot 25 Rec Fee:$131.O0 Doc Fee:@,00 GARFIELD COUNTY C0
having the force and effect of law that have bearing on or may control certain uses
allowed by the Easement;
D. Low-lmpact. The term "low-impact" refers to activities or improvements whose
location, use atd 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 iue 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
govemed 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 conceming the meaning of particular provisions of this Easernent;
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;
21
f lil illtrllff Fdi, l'H Iiltl I ilt lthh"EllrFll fi llllr r rhl tl I I I
Recept ionH : 859596
O2t25'12@15 1l:27:1 1 FII Jean Alberico
22 of 25 Rec Fee;$131.00 Doc Fee:0.00 GRRFIELD CoUNTY C0
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 notifu 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;
2l.LA. Captions. The captions in this instrument have been inserted solely for
convenience of reference and shall have no effect upon construction or interpretation;
2l.ll. 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 fliture affecting this Easement;
21.13. Acceptance of Gift per IRC Section 170GX8). 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.
(S i gnot ur e s on fo I I ow ing page)
22
Illl ilfr llltll,4,lfi | Iilf I ltlti:h,L lll LLL! lr 1l Trlrtl'l I ll I
Receptionil:853595
9212512015 'l 1 :27:11 All Jean Alberico23 of 25 Rec Fee Sl31 00 Ooc Fee 0.00 G0RFIELD COUIITY C0
GRANTOR:
,r, 'U t^J1 )
STATE OF COLORADO )
) ss.
COLINTY OF GARFIELD )
The foregoing instrument was acknowledged before me this -U-day of Febtu&ry,2015, by
Sarah Lillian McNulty, as Grantor.
WITNESS my hand and official seal.
[SEAL
ACCEPTED by the TRUST:
ASPEN VALLE,Y LAND TRUST,
a Colorado nonprofit corporation,
,r,,-r7{arffr , 6rh r*,,-.
Martha Cochran, Executive Director
srATE OF COLORADO )
) ss.
COUNTY OF gAeFlzu. )
The foregoing instrument was acknowledged before me this -fiOurof February ,2015,by
Martha Cocluan as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado
nonprofit corporation.
WITNESS my hand and official seal.
lsEALl
M, SUMERA
Notory Public
Stote of Colorodo
Notary Public
My commission efpires:
Notary Public
My commission exptres:
23
Il I I trtt fu fih E ilrrr tUI l$ lHj Fl1 r h' I'L! H I I I HlB,,l r [,il I I I I I
ReceptionH : 859596
0212512015 I 1 :27: 1 1 AM Jean Alber ico
24 ol 25 Rec Fee:S131.00 Ooc Fee 0.00 GFRFIELD C0UllTY C0
EXHIBIT A
Legal Description of Property
FIRST DONATTON PARCEL (CONSERVATTON EASEMENT NO. 1)
TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN
SECTION 32: W1l2 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: SE1l4 SE1/4 SE1/4
SECTION 33: S'l/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
24
f, I I I il,lh l?if [ {ir [,|d,i,, lll {, iU i H1!, h{ ? I lt til H']1, lli rh hl, I I I I I
Reception$: 853596oztzdtzots 11:27:11 Atl Jean Alberico25 al 25 Rec Feer$131.00 Doc Fee:0.00 GARFIELD COUNTY C0
EXHIBIT B: Map of Property
0.125 0.5
Miles'
t'jji zore conservatjon Easement
E euiUing Seleclion Area (4 acres)
7z-1 ZOos Conseryation Easement
Fl Ouarter Circle B - McNulg Ranch Northwest Pasture
=:=:: ACCeSS foad
H(Fence
r-tlaalr
lst Donation Parcel
25