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HomeMy WebLinkAbout1.0 ApplicationisGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-cuunty.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE ® OF APPLICATION Development in 100 -Year Floodplain Administrative Review • • Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP • Rezoning • LIR ■ MIR • SUP ❑ Zone District ■ PUD ❑ PUD Amendment • Minor Temporary Housing Facility ■ Administrative Interpretation • Vacation ofa County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment) • Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED SAMS Owner/Applicant Name: Levy E. Burris Jr & Jacque Couey Burris Phone: ( 970 } 876-0653 Mailing Address: 4685 Co Rd 346 City: Silt E-mail: LRedman95@aol.com State: CO Zip Code: 81652 Representative (Authorization Required) Name: Same as above Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Burris- Secondary Dwelling Unit Assessor's Parcel Number: 2179 _ 353 - 00 463 Physical/Street Address: 0669 County Road 326, Silt, CO 81652 Legal Description: See attached legal Zone District: Rural Property Size (acres): 280 acres PROJECT DESCRIP]1QN_ Existing Use: Agricultural hay crop and cattle operations, containing a single family dwelling and outdoor structures, i.e. (hay stack yard, pole barn) Proposed Use (From Use Table 3-403): Continued agricultural use with a secondary dwelling unit to be constructed Description of Project: Construction of a secondary dwelling unit of approximately 1700 sq. feet within the 15 acre building envelop designated by the Conservation Easement. Utilyze the current infrastructure, (well and Electrical), and install a septic system to service the dwelling. REQUEST FOR WAIVERS Submission Requirements B The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Improvement/Development Agreements Section: Section: Section: Waiver of Standards ® The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Grading and Drainage Section: Section: Driveway for Primary and Secondary Residences Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature Propertyj'wner 01/02/2020 Date OFFICIAL USE ONLY 1 File Number: - Fee Paid: $ TYPE OF APPLICATION: Administrative Review for a Secondary Dwelling Unit I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for a Secondary Dwelling Unit on an approximately 280 -acre parcel located south of the Town of Silt and accessed off County Road 326. As the property is over 4 acres, the Secondary Dwelling Unit is limited to 3,000 square feet in size. Demonstration of legal and adequate water as well as water quality is required. The applicant has indicated that they have already discussed the existing well permit with the Division of Water Resources. I met with the Colorado Division of Water Resources on 11/27/19 and spoke to Dwight Whitehead. He reviewed the existing well permit (#201187) and confirmed that it allows for "ordinary household purposes inside for up to 3 single family dwellings". He further stated that the Colorado Division of Water Resources had no issues with this permit as it is incompliance. I am arranging for the 4 -hour pump test that is required and am asking that it be done as a condition of approval. The previous pump test was done when the well was installed in 1998 and had a sustained rate at that time of 5 gallons per minute. At the time of the pump test a water sample for a water quality test in compliance with Section 4- 203(M)(1)(b)(5)(C) will need to be obtained. I have obtained a water quality sample for the property in 2013. I would ask that this water quality test may be done as a condition of approval. The plan is to install an Onsite Wastewater Treatment System that will be in compliance with Garfield County ordinances. I won't know the dimensions until after the perk tests to determine Its adequacy in serving the SDU. However it is anticipated 3 bedroom unit that will have a 1000 gallons tank per code. The general description of the building site is a slight grade of Tess than 3-4% with some rock outcroppings. It is a sage brush and Pinion/Juniper region with typical sandy soil. The area is not included in the Garfield County geological hazards study area. Roadway Design - There is currently a driveway into the existing residence that is in conformance to Section 7-107 and specifically Table 7-107. The secondary dwelling unit will be serviced by a private driveway approximately 75-100 feet long and will have a road base of gravel and sand to access the residence. The current access of the property consists of a roadway of gravel and has current approval of county Road and Bridge with access off of county road # 326 a county right of way and should not require a new or additional permit. The traffic impact will not change as we are on the property daily to work and manage the livestock. There will be the same amount of traffic, possibly Tess as we will be onsite. This property has a conservation easement with Aspen Valley Land Trust. All proposals to this parcel are in compliance with that easement and notification as required by the Easement contract will be compliant with conservation easement requirements. The parcel is a split estate with the mineral rights being held by other parties. I have been in contact with the Garfield County Clerk & Recorders office attempting to determine any mineral owners but have not found any listed in any of the recorded deeds, easements or resolutions. I was told the Clerk and Recorder does not maintain any mineral rights information at this time. Additionally I have contacted the Land Use Manager for Grizzly Energy, LLC the current oil and gas producer requesting any information they may be able to provide. As requested a response to the Standards as identified in Article 7: Standards, Division 1, 2 and 3 as well as Division 7-701-B, Secondary Dwelling Unit Standards. B. Secondary Dwelling Unit Standards 1) Maximum Floor Area- The floor area shall not exceed 3,000 square feet for any lot 4 acres or greater. Proposed floor area +/- 1,800 sq. ft. 2) Ownership Restriction- secondary unit is restricted to leasehold interest and is for residential or home/business use only. Proposed unit is for residential use. 3) Compliance with Building Code- it is proposed to construct a single family dwelling in compliance with current applicable county recognized building codes. 4) Minimum Lot Area- The minimum Lot size for Secondary Dwelling Units is either: a) 2 acres, Unit will be within a 15 acre envelop on a 280 acre parcel b) Zone district -- N/A 5) One per Lot- One secondary dwelling unit which is subordinate to a single -Unit (primary) dwelling unit is allowed per legal lot. Impact Analysis - Existing conditions: Rural agricultural property with log home residence and outbuildings. Owners operate a cattle ranch on the property and produce a hay crop. Pasture land is mix of natural Pinon juniper and sage with native grasses interspersed. The New Multi -Trina Ditch traverses the property from the East to west and is used for surface irrigation. Extensive Oil and Gas development with 4 well pads, storage facility and tank farm. 1. Adjacent Land Use. The property is surrounded by other rural residential single family dwellings and operating livestock ranches, either cattle, horse or agricultural. 2. Site Features. The topography is rolling hills with pinon and Juniper vegetation. There are no live streams on the property, but some natural drainages that collect the run off and waste irrigation water. These drainages have stock ponds that collect the water and help mitigate erosion. There are no areas of high ground water or that are subject to flooding. 3. Soil Characteristics. Soil is a combination of clay and sand consistent with high desert and sub -alpine terrain. The soil sustains a variety of natural vegetation from sage and cacti to Pinon/Juniper and native grasses. Approximately80 acres is cultivated and irrigated for hay production. 4. Geology and Hazards. There are no identified geologic or natural hazards identified by the county on this property. The only manmade hazards would be the Oil/Gas production and storage facility which have multiple safeguards in place and have met all industry and Garfield County regulations since they development. 5. Nature of the soil and subsoils. Soils and Subsoils are consistent with that in the surrounding area and has been shown to adequately support an Onsite Waste Water treatment System. This system should handle the effect of sewage effluents and not effect pollution of surface flow or stream flow. 6. Environmental Impacts. This parcel is already developed with a single family home and barn. Any additional impacts to the Environment are minimal as this is an operating cattle ranch. a. Long term and short term effect on flora and fauna are unchanged as this 2nd dwelling unit will be within the building envelop of the operating ranch. These impacts have also been mitigated via a Conservation Easement which allows for the continued open space and natural vegetation on the ranch to help sustain the existing flora and fauna. b. No additional effect of critical wildlife habitat as this is addressed via the Conservation Easement. (See above statement "a"). c. This is not applicable as there will be no hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions. d. No known radiation hazard that has been identified by State or County Health Departments. 7. Nuisance. No impacts to adjacent land as we are building a residential dwelling unit and not any industrial component that would create vapor, dust, smoke, noise, glare or vibration, or other emanations. 8. Hours of Operation. Not applicable as this is a residence and not any type of industry or business other than the existing cattle operation. lick Point : 39.482700°N, 107.638081°W 8 USNG: 135 BD 73109 73667 • -s•- 1 3 • • .may=rt +�� - •r " a • di 1 _;. data 020201nunnery 02020,'._ _==r--..Fc=-rr=cf�.� Wursor: 39.482777°N, 107.637596°W ® USNG: 135 BD 73151 73674 843121 11/13/2013 11:41:01 AM Page 1 of3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $60.00 eRecorded 1111 1111 1111111111111111111 11 IMI Special Warranty Deed (Pursuant to 38-30-115 C.A.S.) State Documentary Fee Date: October 31, 2013 $ 60.00 THIS DEED, made on October 31, 2013 by CIRCLE B LAND COMPANY LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the CITY AND County of DENVER and State of COLORADO for the consideration of ($600,000.00) *** Six Hundred Thousand and 00/100 *'""' dollars In hand paid, hereby sells and conveys to LEVY E. BURRIS JR, AND JACQUE COVEY BURRIS Grantee(s), es Joint Tenants whose street address is 669 COUNTY ROAD 326 SILT, CO 81652, County of GARFIELD, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit: TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN: SECTION 35: SW1/ANW1J4: N1J2SW1/4; SE1/4SW1/4; SW1/4NEIJ4 AND W1/2SE1/4 COUNTY OF GARFIELD, STATE OF COLORADO also known by street and number as: 689 COUNTY ROAD 326 SILT CO 91.652 with all in appurtenances and warrants the title against all persona claiming under the Grantor(s) GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED IiEREIN. SELLER SHALL REM NANYAND ALL MINERAL AIGIITS ON SUBJECT PROPERTY CIRCLE 5 LAND COMPANY LLC, A COLORADO LThIPIED LIABILITY COMPANY MITORELL U,1!tCRPRESlDENTLANiZ .. State of COLORADO Comity of DENVER ) ss. MATTHEW MULVERHILL NOTARY PUBLIC STATE OF COLORADO My, Commission Exptn o46/11T2014 The foregoing instrumentwas acknowledged before me on this day of October 3/ 2013 by MITCHELL L RENEAii AS 'VICE PRESIDENT LAND OF CIRCLE B LAND COMPANY LLC, A COLORADO LIMJTI_.D LIABILITY COMPANY Witness my bad and afSral seal. My commission expires 8—i,9xd4 Notary Public When Recorded Return sex LEVY E. BURRIS JR. AND JACQUE COVEY BURRIS 869 COUNTY ROAD 326 SILT, CO 91652 Form 13773 1.0/2010 swd.opeo.rev.odt Special WarrantyDeed Open (Joint Tenant) GW63009296 (171134642) re 843121 11/13/2013 11:41:01 AM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $60.00 eRecorded OILAND GAS LEASE BETWEEN B.J.J. PARTNERS AND CALPINE CORPORATION, RECORDED March 05, 2003 IN BOOK 1443 AT PAGE 549 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTTFIEREI i. OILAND GAS LEASE BETWEEN MARK HU'1TNERAND CATHLYN H FV NERAND ENCANA OIL & GAS, RECORDED August 18. 2803 UNDER RECEPTION NO. 634400 AND ANY AND ALL ASSIGNMENTS THEREOF; OR INTEREST THEREIN. OIL AND GAS LEASE BETWEEN DESERT PARTNERS III, L.P. AND ENCANA OIL & GAS, RECORDED March 23, 2006 UNDER RECEPTION NO. 694659 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. OIL AND GAS LEASE BETWEEN JOHN THOMAS AND ENCANA OIL & GAS, RECORDED March 23, 2006 UNDER RECEPTION NO. 694660 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED May 30, 2006 AT RECEPTION NO. 698760. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED May 30, 2006 AT RECEPTION NO. 69876L TERMS, CONDITIONS AND PROVISIONS OF TRENCI% CONDUIT AND VAULT' AGREEMENT RECORDED December 02, 2009 AT RECEPTION NO. 778566. EASEMENTS AND RIGHTS OF WAY AS GRAN'T'ED TO HOLY CROSS IN INSTRUMENT RECORDED DECEMBER 2, 2009 UNDER RECEPTION NO. 778565 AND IN INSTRUMENT RECORDED DECEMBER 2, 2009 UNDER RECEPTION NO, 778564. EASEMENTS AND RIGHTS OF WAY AS TO AN UNDIVIDED GRANTED TO HOLY CROSS IN INSTRUMENT RECORDED JANUARY 19, 2009 UNDER RECEPTION NO. 761788. "E12MS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SURFACE USE AND DAMAGE AGREEMENT RECORDED December 27, 2005 AT RECEPTION NO. 688999. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF RIGHT 'FO USE SURFACE OF LANDS RECORDED July 25, 2005 AT RECEPTION NO. 678819. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-34 RECORDED June 11, 2013 AT RECEPTION NO. 836582. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED September 03, 20I3ATRECEPTION NO. 840200, Form 13100 08/2008 b2eahibit.escrow.odt GW63008296 {17834673} re Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner jefI JL C -724/y /ff1cH i f5 ' Ge) . 1,41 / 4. t - MAYS/ Ai -s.63/4.} nlr 0z ,4 /ev j z9�Fs .So. 640,-,74-40 .Sr.{ ee. I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. pplicant's Signature /�/e Date Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Clain Deed or Bargain and Sale Deed ----NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? if so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 6 MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your tide insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8, Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Landman. Attorneys and sandmen specialize in determining mineral rights ownership, but they charge a fee for their services. 7 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217934100333 217934400263 217934400336 217935100172 217935100315 217935200314 217935200451 217935200530 217935200531 217935200532 217935300238 217935300463 217936400245 240102200001 240102400002 340 326 COUNTY RD SILT 4778 331 COUNTY RD SILT 4784 331 COUNTY RD SILT 1355 326 COUNTY RD SILT 1563 326 COUNTY RD SILT 1037 326 COUNTY RD SILT 840 326 COUNTY RD SILT 546 326 COUNTY RD SILT 531 326 COUNTY RD SILT 795 326 COUNTY RD SILT Not available SILT 669 326 COUNTY RD SILT 7109 311 COUNTY RD SILT Not available SILT Not available SILT 240102400083 Not available SILT 240103400285 5500 331 COUNTY RD SILT LX -HOLDINGS LLC DONELSON, KAREN MOYER, MOLLY R023421 42415 ROAD 208 FRIANT, CA 93626 R023085 4778 COUNTY ROAD 331 SILT, CO 81652-9609 R023188 4784 COUNTY ROAD 331 SILT, CO 81652 GUCCINI, TOBY J & DEBRA J R023340 PROTZ, KELLY R & KAREN WILLIAMS, RICHARD L & KAETHE ELISS- DAHLIN, RUSSELL L SMITH, HAROLD R JR & LINDA L SCHIRER, MICHELLE & DANIEL SMITH, WILLIAM M & PATRICIA A PO BOX 88 NEW CASTLE, CO 81647 R023197 1563 COUNTY ROAD 326 SILT, CO 81652-9653 R023198 1037 COUNTY ROAD 326 SILT, CO 81652 R230831 840 COUNTY ROAD 326 SILT, CO 81652-8602 R230972 546 COUNTY ROAD 326 SILT, CO 81652-8602 R230973 531 COUNTY ROAD 326 SILT, CO 81652-8603 R230974 795 COUNTY ROAD 326 SILT, CO 81652 DONELSON, KAREN & DEAN R023117 BURRIS, LEVY E JR & JACQUE COUEY MILLER LAND & CATTLE COMPANY JUNIPER GROUP, LLC SCHWARTZ, HENRY JC TRUST & LINDA JOHNSON TRUST JUNIPER GROUP LLC 4778 COUNTY ROAD 331 SILT, CO 81652 R230863 669 COUNTY ROAD 326 SILT, CO 81652 R023312 7121 COUNTY ROAD 311 NEW CASTLE, CO 81647-9658 R023064 PO BOX 310 CLAYTON, NY 13624 R023365 278 BRIDGEWATER CIRCLE FREDERICKSBURG, VA 22406 R023382 PO BOX 310 CLAYTON, NY 13624 DONELSON, DEAN & KAREN R045124 4778 COUNTY ROAD 331 SILT, CO 81652 8 Garfield County Land Use and Development Code Article 7: Standards DIVISION 1: GENERAL APPROVAL STANDARDS 7-101. ZONE DISTRICT USE REGULATIONS The Land Use Change is in compliance with Article 3, Zoning, the proposal is in compliance with applicable zone district use restrictions and regulations. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The Land Use Change is in general conformance with the Garfield County Comprehensive Plan. The Land Use change is within county approved regulations. 7-103. COMPATIBILITY The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. 7-104. SOURCE OF WATER The proposed property has an adequate, reliable, physical, long term, and legal water supply to serve the use. This has been demonstrated by attachment of a copy of the well permit for the property. I met with the Colorado Division of Water Resources on 11/27/19 and spoke to Dwight Whitehead. He reviewed the existing well permit (#201187) and confirmed that it allows for "ordinary household purposes inside for up to 3 single family dwellings". He further stated that the Colorado Division of Water Resources had no issues with this permit as it is in compliance. am arranging for the 4 -hour pump test that is required and am asking that it be done as a condition of approval. The previous pump test was done when the well was installed in 1998 and had a sustained rate at that time of 5 gallons per minute. At the time of the pump test a water sample for a water quality test in compliance with Section 4- 203(M)(1)(b)(5)(C) will need to be obtained. I have obtained a water quality sample for the property in 2013. would ask that this water quality test may be done as a condition of approval. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. This will be done by tying into the existing Water Supply (Well). Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. The property is suitable for an OWTS. The acreage of the proposed project is 279.2 acres in size. The plan is to install an Onsite Wastewater Treatment System that will be in compliance with Garfield County ordinances. I won't know the dimensions until after the perk tests to determine its adequacy in serving the SDU. However it is anticipated a 3 bedroom unit less than 1800 sq. ft., that it will require a 1000 gallons tank per code. 7-106. PUBLIC UTILITIES Adequate Public Utilities are available to serve the land use. A Utility easement is already in place and providing service to the property. Utility services meet all the regulations under this section. 7-205. ENVIRONMENTAL QUALITY The Land Use change will not cause any air quality to be reduced below acceptable levels and is in compliance with county regulations. No change or impact is anticipated regarding water quality standards. 7-206. WILDFIRE HAZARDS This proposal does not violate any Location Restrictions and does not increase any potential hazard or adversely affect wildfire behavior or fuel composition. 7-207. NATURAL AND GEOLOGIC HAZARDS There are no Natural or Geological Hazards identified that would apply to this proposal. (i.e. Avalanche, rock fall, landslide, etc.). N/A 7-208. RECLAMATION N/A to this Proposal DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 7-301. COMPATIBLE DESIGN Proposal is within compliance with this section and will be consistent with current land use. 7-302. OFF-STREET PARKING AND LOADING STANDARDS Parking will be within the designated building envelop. 7-303. LANDSCAPING STANDARDS Proposal will meet the necessary standards of this section and there will be mix of native, adaptive, and drought tolerant grasses, ground covers, trees and shrubs added to the site to aid in erosion control. All native trees and vegetation will be utilized as much as possible for landscaping. 7-304. LIGHTING STANDARDS Lighting will be in compliance with these standards. 7-305. SNOW STORAGE STANDARDS N/A 7-306. TRAIL AND WALKWAY STANDARDS N/A No public access or public easements affected. OTHER PERTIENT STANDARDS None known or identified for this proposal. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Levy Burris agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Burris- Secondary Dwelling Unit 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Levy Burris Billing Contact Address: 4685 Co Rd 346 Phone: ( 970 ) 876-0653 City: Silt State: 00 zip Code: 81652 Biking Contact Email LRedman95@aol.com Printed Name of Person Authorized to Sign: Levy E. Burris Jr. (Signature) 12/26/2019 (Date) Form No. OFFICE OF THE STATE ENGINEER GWS -25 • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg,, 1313 Sherman St, Denver, Colorado 80203 (303) 858-3581 APPLICANT DONALD PRICE/JUNIPER GRP 5500 CR 331 SILT CO 81652- (970) 876-2262 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 2011E7 - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: JUNIPER GROUP APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 35 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 1600 Ft. from South Section Line 500 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a Civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 15. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NW +/4, SW 1/4, Sec. 35, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County, 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the Irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the we11 is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. APPROVED JD2 E State Engineer Receipt No. 0411039F DATE ISSUED FEB 2 1 1997 t n ` 1, • 6y EXPIRATION DATE FEB 2 1 1999 111 1 III 111111111111111111 IIl 111 Form No. GWS -11 7/2011 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. ,Name. ji.ddru.s and pllnpe of theaerson claiming ownership of the well permit Name(s): LEVY E. BURRIS JR. AND JACQUE COUEY BURRIS Mailing Address: 669 COUNTY ROAD 326 SILT, CO 81652 Phone: For Office Use Only RECEIVED NOY 0:5 700 WATER RESOURCES STATE ENGIN!" COLO This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced above. This filing is ,made pursuant to C.R.S. 37-90-143. Well Location; Well Permit Number: 201187 Receipt Number: 0411039F Case Number: County: Garfield Well Name or # (optional): Address: 669 COUNTY ROAD 326 SILT CO 81652 NW Ia of the SW '/a Sec. 35 , Twp. 6 I IN, or © S., Range 92 n E. or X (W., SIXTH P.M. DiStAince fro ect,ion Lines: 1600 Ft. From n N. or IX I S., 500 Ft. From 1 1E. or IX 1W. Line. OR: GPS well location information in UTM format You must check GPS unit for required settings as follows: Format must be UTM, 1 1 Zone 12 or C Zone 13; Units must be meters; Datum must be NAD83, Unit must be set to true north. Easting -. Northing _ Subdivision Name: Lot , Block , Filing/Unit -- The The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the following reasons: Change in name of owner n Change in mailing address 1 1 Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and staff ' . t they are true to my (our) knowledge. Please print the Signer's Narne & Title LEVY E. BURRIS JR. JACQUE COUEY BURRIS Date October 31, 2013 1 s the re onsibility of the n= owner of this well permit to complete and sign this form. Signatures of agents are acceptable if an — riginal le r of agency signed by the owner is attached to the form upon its receipt. For Office Use Only 'tang, AS A CHANGE OF OWNER -9$ f hNDlOit MAILING ADDRESS State Engineer Form 13005 09/2011 well.transfer.odt GW6300 B296 {17833731} i"� Date 12/31/2019 G gl Maps Google Maps Pa -o Prn-ry cirev, J Imagery ©2019 Maxar Technologies, USDA Farm Service Agency, Map data ©2019 500 ft https://www.google.com/maps/@39.4822937,-107.6366393,1063m/data=!3m 1 ! 1 e3 1/1 12/31/2019 G g Maps Google Maps 3vto OP https://www.google.com/maps/@39.4822937,-107.6366393,266m/data=!3m1 !1 e3 Imagery ©2019 Maxar Technologies, USDA Farm Service Agency, Map data ©2019 100 ft 1/1 Google Maps Topographical Map Burris- 2nd Dwelling Unit 1 I. 1.► t 1,01110i 326 https://www.goog!e.com/maps/@39.4830119,-107.6359139,14zJdata=!5m 1 ! 1 e4 Google Maps 0007 326 1 1 326 EMI z Google Agi/ .L Map data ©2019 2000 ft ■ 1/1 nPrice I Conservation Easement Boundazy Subdividable 40 acres 500 1,000 I I Feet BaseImage: USDA NAIP 2015 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2179-353-00-463 PROJECT: Burris — Secondary Dwelling Unit OWNER: Levy Burris PRACTICAL LOCATION: 669 County Road 326, Silt, CO 81652 ZONING: Rural COMPREHENSIVE PLAN: Residential Medium High (2-6 acres per dwelling unit) TYPE OF APPLICATION: Administrative Review for a Secondary Dwelling Unit PRE -APP DATE: December 4, 2019 I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for a Secondary Dwelling Unit on an approximately 280 -acre parcel located south of the Town of Silt and accessed off County Road 326. As the property is over 4 acres, the Secondary Dwelling Unit is limited to 3,000 square feet in size. Demonstration of legal and adequate water as well as water quality is required. The applicant has indicated that they have already discussed the existing well permit with the Division of Water Resources. A 4 -hour pump test is required but may be done as a condition of approval (however, please submit any supporting information available). In addition, a water quality test in compliance with Section 4-203(M)(1)(b)(5)(C) will need to be provided. This water quality test may be done as a condition of approval if requested in the application. The Applicant will need to provide a general description of the proposed wastewater treatment system and its adequacy in serving the SDU as well as representations of the site's topography and soils. The area is not included in the Garfield County geological hazards study area. Demonstration of conformance to Section 7-107 and specifically Table 7-107, Roadway Design Standards, needs to be provided. This demonstration should include all private driveways and roads from the proposed unit to public right of way. As part of the initial review of the property, Staff identified that the parcel is kept in a conservation easement. Staff recommends that the applicant contact the easement holder to ensure that the proposal is compliant with conservation easement requirements. Aspen Valley Land Trust will be included as a referral agency. Please respond to the Standards as identified in Article 7: Standards, Division 1, 2 and 3 as well as Division 7-701-B, Secondary Dwelling Unit Standards. These are the standards by which the application will be determined to be approved, approved with conditions or denied. A short response to these items ensures that 1) the applicant has read and understands the standards upon which a determination will be based, and 2) allows the applicant and staff to work through any possible issues early in the application process. II. REGULATORY PROVISIONS AND PROCESS REQUIRED • Article 3, Zoning o Residential Suburban Zone District — Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) • Article 4, Application and Review Procedures o Administrative Review Process (Section 4-103) o Common Review Procedures (Section 4-101 o Table 4-102 Common Review Procedures and Required Notice o Application Materials (Table 4-201 and Section 4-203) • Article 7, Standards — Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable III. ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached flow chart) IV. SUBMITTAL REQUIREMENTS — KEY TOPICS • General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of Ownership: copy of deed and copy of title commitment o Names and mailing addresses of properties within 200 feet of the subject property o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorder database and/or Assessors database, memo attached) o A narrative describing the request and related information o Updated Title Commitment • A copy of this Pre -Application Summary needs to be submitted with the Application. • Vicinity Map including areas within a radius of approximately 3 miles. 2 • Improvements Agreement / Development Agreement (may be waived upon request) • Site Plan showing, at minimum, parcel boundary, existing structures, proposed SDU and access, parking, easements, and topography. • Grading and Drainage Plan or a supported waiver request • Impact Analysis — Please respond to the identified impacts in Section 4-203(G) • Demonstration of Legal and Physical Water (well permit, 4 -hour pump test and water quality test per Section 4-203(M) or a request to complete the pump test and water quality test if the application is approved • Wastewater Management Plan • Contact information for any ditch on the property • Respond to Standards fully described in Article 7, Divisions 1-3 and, for Secondary Dwelling Units, Article 7, Section 701. • Statement and demonstration of conformance with Section 7-107, Access and Roadways (Specifically conformance with Table 7-107 for access road from County roadway to proposed ADU). Provide copies of easements or other demonstration of legal access if the driveway crosses adjacent properties. This analysis should include a basic traffic analysis indicating total traffic from the use to the County Road. Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: X Director Decision with notice _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge, Fire Protection District, Garfield County Designated Engineer, Division of Water Resources, Garfield County Vegetation Management, Aspen Valley Land Trust VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 250.00 $ TBD — consulting engineer/civil engineer fees $ 250.00 (additional hours are billed at $40.50 /hour) 3 VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE -APPLICATION SUMMARY PREPARED BY: a 13 December 4, 2019 Patrick Waller, Planner Date 4 Garfield County Administrative Review Process (Section 4-103) Step 1 Pre•ipplica<tion Conference + May be waived by Director • Applic+i n r figs 6 months to submit application Strp 2: Application Submittal Step 3: Completeness Review • 10 ib' 1' i 1- r•C ; days fro i !i." ti• v, *If incomplete, 60 dap to remedy deficiencies Step 4' Schedule Decision Date and Provide Notice +Mailed to adjacent property owntrs within 200 feet and m i ner d t v wnrr s at least IS days prior to ckciscon date *11 day comment period • CatI•up Period » within 10 days of Director's Decision *Applicant ha 1 year to in etaipy conditions oI pp 5 111111rdillit1LM'tliMLItkiialli4112A''CIAY , 1 IH Recap! Lon# : 916264 01/14/2019 12:48:7 PM .lean Rlberi�o 1 or 27 Roc Foo:3143.00 000 Foo:0.00 GARFIELD COUNTY CO NOTICE TO TITLE COMPANY: This Easement requires a one-time payment of $500, paid by recipient, at the time of every transfer or sale of all or a portion of this Property (see Section 16), to Aspen Valley Land Trust or its successor as. described in this document. These payment(s) are exempt from the transfer fee restrictions contained within C.R.S. 38-35-127. FIRST AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN GROSS PRICE R4Ncvr; Garfield County= TIl-IIS FIRST AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT IN GROSS ("A&R Easement") is granted this i itlay of v . 2019. by LEVY E. BURRIS JR. AND JACQUE COVEY BURRIS ("Landowner") to and or the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust") (collectively, the "Parties"). The following exhibits are attached hereto and incorporated by reference herein: Exhibit A: Property Legal Description, Exhibit B: Map of Property. RECITALS WV;HIEREAS, The Juniper Group LLC donated a conservation easement in_ gross to the Trust by grant of that certain Deed of Conservation Easement recorded in Garfield County on June 10, 1997 as Receptiol, No. 509329 (the" Originals Easement") over and across an of the fee simple interest in approximately 280 acres of real property located in Dry Hollow. Silt in Garfield County and legally described as the "Original Conservation Easement" in Exhibit A (the "Property");• WHEREAS, Landowner and the Trust intend this document to encumber the Property and to amend and restate the Original Easemcot such that upon its execution and recordation, this A&R Easement shall supersede and replace the Original Easement in its entirety so that the Original Easement shall have no further force or effect; \WHEREAS, the Property possesses agriculture, natural, successional vegetative 'features, wildlife habitat and open space, and scenic values (collectively, "Conservation Values") of importance to Landowner, the Trust, the people of Garfield County, and the people of the State of Colorado that are worthy of preservation; Return to: Aspen Valley Land Trust 320 Main Street. Suite 204 Carbondale, CO 81623 970-963-8440 1111 EirJETIgiM bifid'Jr''lTk NiNVOgilk11111 Reception#: 916284 01/14/2019 12:40:17 PM Jean falberico 2 of 27 Reo Fee:$143.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Conservation Values of the Property -are more particularly clescribed in the 2006 Baseline Documentation, described in. Section 4 herein; and include the following - conservation purposes, the protection of which are recognized for qualified conservation contributions under Section 170(h)(4)(A) of the Internal Revenue Code of 1986, as amended ("IRC"), and under Section 1.170A-14(cl) of the Treasury Regulations: • Relatively Natural Habitat [Reg. § 1.170A -14(d)(3)]. The Property contains vegetation that provides food, shelter, breeding ground, and migration corridors for several wildlife species. • Open Space [Reg. § 1.1:70A-14(d)(4)j. The Property qualifies as open space because it will be preserved for the scenic enjoyment of the general public, pursuant to clearly delineated governmental conservation policies, and will yield a significant public benefit. ▪ 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. ■ Agriculture. The Property is currently used for agricultural purposes including irrigation. and livestock grazing. This use is compatible with other land use in the vicinity. ▪ Governmental Policies. Conservation or 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 of2030 (adopted November 10, 2010) identifies the loss of agricultural lands and rural character as a significant issue for county residents, along with environmental impacts to sensitive ecosystems, including wildlife habitat and important v is u al corridors. Section 6—AgricuIture,states "Gar/iefdCounty has preserved rural character and agricultural heritage by encouraging the retention of important agricultural lands, working farms and ranches... The county has encouraged conservation of lands that pr btecl important 1i ildlife corridors, natural habitats, important viewsheds and other critical open space." The goals of Section 6, which are supported by policies, are to: 1) Promote the continuation and expansion of agricultural uses; 2) Preserve a significant rural character in the county; and 3) Preserve scenic and visual corridors in the count'. To that end the county encourages uses of land trusts and conservation casements for protecting agriculture. The goals and policies of Section 8 — Natural Resources, also state that the county shall "ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected llliPr,CCOVIK1111G bh :ONI11111 Rev#pilon#: 916264 01/14/2019 12:40:17 PM Juan Rlbaricc 3 of 27 Rim Fee:$143.00 Doc Fes:0,00 GARFTELD COUNTY CO and/or impacts mitigated," and that the county "iv ill encourage the protection of 1,tiatershecls, flood plains., and riparian areas." This Easement supports this policy's objective by retaining local agricultural lands. Statewide Policies, The State of Colorado has recognized the importance of private efforts toward the preservation of lancl by the enactment of Colorado Revised Statutes ("C.R.5,'+) §§38- 30.5-101 et .seq. In addition, C.R.S. §33-1-10I provides in relevant part that "it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." C.R.S. §38-30.5-102 provides for the creation of conservation easements to maintain land "in a natural, scenic, or open condition, or For wildlife .habitat, or for agricultural, horticultural. wetlands, recreational, forest or other use or condition consistent with the protection of open land .. ," The State of Colorado also has provided incentive for Colorado landowners to protect their land with conservation easements created pursuant to C.R.S. §§38-30.5- I 01 et seq. and §170(h) of the IRC with the enactment of the Conservation Easement Credit Against Income Taxes. C.R.S. §39-22-522, which provides a transferable tax credit for qualifying grants ofconservation easements in gross. The Colorado Department of Agriculture Statutes. C.R.S. §§3.5-1-101 el ,seq.. provide in part that '`it is' the declared policy of the State of Colorado to conserve, protect, and encourage the development and iirnprovemerit of its agricultural land for the production of food and other agricultural products." WHEREAS, Landowner 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 Landowner stated herein and to preserve and protect in perpetuity the Conservation Values; WHEREAS, previous owners .have developed minerals underlying the Property and remnants of such development remain on the Property. including six natural gas well pads, roads to each well pad, a buried pipeline in the southern portion of the Property. a tank stock yard for unused equipment, and a trailer office for current oil/gas employees. Plans for remediation are anticipated once mineral development is completed: WHEREAS, the Original Easement did not address mineral development due to the fact that all mineral rights associated with the Property .were severed and held by third parties prior to the grant of the Original Easement and could not be controlled by the Original Easement; WHEREAS, the Original Easement provided for three l5. -acre building envelopes to be designated within.. one year of the date of grant of the Original Easement, but because these building envelopes were never designated, the Parties now agree by this A&R Easement to reduce the number of building envelopes to two (2) and the size of the building envelopes to fifteen (15) acres 1111 Mr,111 ' Ki 11 III Reception#: 016264 01/14/2019 12:40:17 PM Jean Alberico 4 of 27 Rec Fee:$145.00 Doc Fee:0.00 GARFIELD COUNTY CO surrounding the current ranch headquarters and five (5) acres on the dividable northeast 40 acres as shown on Exhibit B; WHEREAS, the Trust is a charitable organization as described in IRC §501(c)(3), and is a publicly -supported organization as described in IRC §170(b)(1)(A) whose primary purpose is to permanently preserve and protect the natural, scenic, agricultural, historical, and open space resources of the greater Roaring Fork and Colorado River valleys, and who is a "qualified organization" to do so within the meaning of IRC §170(h)(3), possessing the resources and commitment to protect and defend the conservation purposes of this grant; WHEREAS, the Trust also meets requirements of Colorado law as -a qualified recipient for a conservation easement under C.R.S. 538.30,5-104, 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. 512-61-724 and in Rule 2.1 of the Code of Colorado Regulations, Qualifications fbr Certification to EOM Conservation Easements (4 CCR 725-4, Rule 2.1), for the current year. The Trust is also accredited by the Land Trust Accreditation Commission, a national accreditation program sponsored by the Land Trust Alliance, at this time: and - WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's Executive Director or her designee to execute this amendment and restatement of the Price I Ranch Conservation Easement on behalf of the Trust. AGREEMENT NOW, THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. GRANT Landowner hereby voluntarily and irrevocably grants and conveys to the Trust this unrestricted gift of a perpetual Conservation Easement in gross ("Easement") over and across the Property pursuant to C.R.S. §§38-30.5-101 el seq., through the terms mutually agreed to in this Easement, and to hold said Easement unto the Trust and its successors and assigns forever. Landowner agrees that the donation of the Easement gives rise to a property right, immediately vested in the Trust, which shall constitute a binding servitude upon the Property and shall be subject to prior reservations, easements, encumbrances and exceptions of record, except as otherwise set forth herein. 2. PURPOSES Pursuant to the•terms of C.R.S. §§38-30.5- 101 el seq., the purposes of the Easement are to assure that the Property will remain forever predominantly in its agricultural, natural, open space, and scenic state, and to protect and preserve the Conservation Values in perpetuity, to prevent any use of the Property that is inconsistent with the preservation and protection of the Conservation Values and, in the event of their degradation or destruction, to require restoration of such Conservation Values. The Conservation Values are prioritized in order to guide, the perpetual protection, enforcement, and management of the Conservation Values, over time pursuant to 4 1111 +r1112HIV + lflhr r�`rrl��l����� 1� �1i '���� NI III ReogIptlon#• 91E264 5 of 27R 19 r ReoFee:$i43.00 Doc nFee:0_00�GARFIE Ug COUNTY CO Sections 7 and 12 herein; and the approval, amendment, and termination requests relating to the preservation and protection of the Conservation Values pursuant to Sections 11, 19, and 14, • - respectively. The primary purpose of this Deed is to protect the Property's agricultural open space, which provides significant public benefit; the secondary purpose of this Deed is to protect the Property's relatively natural wildlife habitat: and the tertiary purpose of this Deed is to protect the Property's scenic open space, which provides a significant public benefit. (This paragraph collectively demes the "Purposes"), Should the Property's use for the primary Purpose become impossible to achieve, the • Property shall continue to .be protected for the secondary and tertiary Purposes, and remain available for the primary Purpose. Should the Property's use for the secondary purpose become impossible to achieve. the Property shall continue to be protected For the tertiary Purpose, and remain available for the primary and secondary Purposes. Should the Property's use for all of the • listed Purposes become impossible, the Parties shall proceed in accordance with Sections 14 and 15 below; and consistent with applicable laves. to continue to honor the original Purposes set out for protection by this Deed. 3. INTENT Subject to the express reservations and prohibitions described in Section 7 below, the Parties' intent is to permit all uses of the Property that are consistent with the Purposes of the Easement (defined above) as determined by the Trust in its sole discretion. Nothing in this - Easement is intended to prevent Landowner's quiet and reasonable enjoyment of the Property, or to compel a specific use of the Property other than the preservation and protection . of the Conservation Values. 4. BASELINE DOCUMENTATION The Parties acknowledge that -a Baseline Documentation of the Conservation Values and relevant features of the Property was prepared on March 3. 2006 by Dawn Barton of West Elks Consulting, a company familiar with conservation easements, the Property, and the environs, and is on file with the Parties and incorporated herein by reference, The Parties agree that the Baseline. Documentation is not intended to preclude the use of other evidence and was meant to establish the condition of the Property at that time. Any new information contained in this A&R Easement, shall supersede and replace that contained in the Baseline Documentation. which shall be amended to include new maps and descriptions of building rights. 5. RIGHTS of THE TRuS'I' To fulfill the Purposes of this Easement, Landowner hereby conveys to the Trust a property right and interest in the form of this Easement. which immediately vests with the Trust (as agreed in Section 1 and stipulated in Section 14.3, herein), and includes the following affirmative rights: 5.1. All development rights deriving from the Property in any way st's Development Rights''), except those expressly reserved by Landowner in Section 7 ofthisEasement. The Parties agree that Trusts Development Rights shall be held by the Trust in 5 ■Ill MIlliflliiKIWI l 111 11 1 Reception#t 916264 01/14/2019 12:40.17 PM Jean Rlberlco 6 or 27 Ree Fee: 143.00 Doc Fee:0.00 Gf7RFIELD COUNTY CO perpetuity in order to fulfil] the Purposes of this Easement, and to ensure that such rights are forever released and terminated as to Landowner. Such Development Rights shall not be utilized by the Trust on or off of the Property; 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 times agreed to mutually by Landowner and the Trust to inspect the Property thoroughly, to monitor Landowner's compliance with, and otherwise enforce the terms of this Easement; provided that such entry shall not unreasonably interfere with Landowner's use and, quiet enjoyment of the Property, with the exception that no such notice shall be required in the event the Trust 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 Landowner` or third parties (whether or not invitees of Landowner) from engaging in any activity or use of the Property that is inconsistent with the Purposes.of the Easement; and the right to require Landowner 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. To place and maintain on the Property a sign or signs indicating that a -conservation easement is held by the Trust on the Property. The size of the sign and the location, design and content of such signs shall be mutually agreed to by the Trust and Landowner.in accordance with applicable signage regulations and the terms of this Deed. The Trust shall be responsible for the maintenance o.f any such signs. 5.6. The right, as an interest owner in the Property, to receive notification from Landowner to any condemnation or eminent domain proceedings affecting the Property (as described in Section 14); and 5.7. Any other rights that the Parties rnay approve consistent with the Purposes of the Easement, including adding additional purposes or defining additional Conservation Values. 6. RIGHTS OF LANDOWNER Landowner reserves to itself and to its personal representatives, heirs, successors, and assigns, all rights and obligations accruing from its ownership of the Property, including the right to engage in activities and uses of the Property not prohibited herein and that are consistent with the Purposes of the Easement, pursuant to IRC § 1 70(h)(4) and C.R.S. §38-30.5-102. 7. num 'DYFED AND PERM JTTI D USES /RESERVED AND RESTRICTED R.iCHTs The following uses and practices by Landowner, though not an exhaustive recital, are either permitted or prohibited by this Easement. Certain uses, where indicated, require notice to or approval from the Trust, or both, according to Sections 10 and 1 ] . Any other activities that are inconsistent with the Purpose of this Easement, as defined by Section 2, or with preservation and 6 .111 rata KS PRLIT 'N.01111:10,10s NI III Reception#: 9I62E4 7ro/1427@Rec/2 ee:3147 3 04 OnanFa9bOr©OcGRRFIELD COUNTY CO protection of the Conservation Values, as described in more detail in the Recitals, are prohibited. Landowner 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. Nothing permitted by this Easement, or approved by the Trust in accordance with Section 11, constitutes approval by any government or regulatory agency for construction, development or land use; nor shall any permit or approval granted by a government or regulatory agency override the terms of this Easement. Landowner retains responsibility for obtaining and complying with all necessary permits and Applicable Laws (as defined in Section 21. [) before engaging in uses permitted under this Easement. 7.1. Division of Property. Landowner may not divide or subdivide (including.defiicio subdivision) the Property into more than two parcels of land. ll'so divided, one of the two parcels shall he 40 -acres in size as generally shown in Exhibit B. Any and all sales or transfers of either parcel or the entire Property shall hereafter be subject to $500 payment according to Section 16 herein: 7.2, Buildings aiul Improvements. Nothing permitted by this Easement or approved by the Trust in accordance with this Easement constitutes approval by any government or regulatory agency for construction, development or land use; nor does any permit or approval granted by a government or regulatory agency override the terms. of this Easement. Landowner retains responsibility for obtaining and cornplying with all necessary permits and Applicable Laws before engaging in uses or activities permitted under this Easement. The construction or location of any improvements (defined as permanent or temporary buildings, structures, mobile homes or other physical, human -introduced development of or on the Property. including but not limited to landscaping, fences, roads, utilities, septic systems, and golf courses) is prohibited on the Property. except as follows in this Section 7.2: A. Activity Envelopes. Landowner retains two Activity Envelopes including one 15 - acre ranch headquarters envelope and one 5 -acre activity envelope on a 40 -acre. dividable, sellable portion of the Property, shown approximately on Exhibit B (the "Activity Envelopes"). within which Landowner may engage in all non -industrial uses. then permitted by Garfield County Regulations and all other applicable laws (as defined. in Section 21.1 and referred to hereafter as "Applicable Laws" ). including but not limited to landscaping, grading, and construction. Within the Activity Envelopes, Landowner reserves the right to construct, locate, rebuild, remodel. relocate, maintain and enlarge structures and improvements. Landowner shall confine residences. garages, septic systems, residential parking areas. landscaping and any additional Structures accessory to residential use of the Property to within the Activity Envelopes. Agricultural and accessory structures (such as sheds, barns and garages) ate permitted within. the Activity Envelopes together with all improvements then permitted by Garfield County (including but not limited to utility lines. septic systems, fences, corrals, picnic areas, and driveways). 7 Ili! MrdrIM,11110411.111 WirlOn 1Vii KAM 11111 Reception#: 916264 01/14/2019 12:40:17 PM lean Alberico 8 of 27 Rec Fee:$143 00 Doc Free:0.00 GARFrELD COUNTY CO a. 15 -Acre Envelope- Landowner retains the right to one 15 -acre Activity Envelope surrounding the current ranch headquarters. The precise boundaries of the 15 -acre Activity Envelope shall be surveyed by Landowner and provided to the Trust prior to undertaking new construction therein. • h. 5 -Acre Activity Envelope- Landowner retains the right to one 5 -acre Activity Envelope within the 40 -acre dividable, sellable portion of the property, approximately shown on Exhibit B. Landowner has identified two location options for the Activity Envelope with only one 5 -acre envelope permitted to be developed, When Landowner selects one of the two 5 -acre envelopes, Landowner shall survey its precise boundaries, provide the Trust with the legal description and snap, and the Trust shall issue and record a Notice of Exercise of Reserved Right that extinguishes the non -selected envelope and updates this Easement with the legal description in Exhibit A and the depiction on Exhibit 13 of the selected envelope. Landowner shall also survey the 40 -acre parcel and its one, 5 -acre activity envelope and provide the survey to the Trust prior to selling or undertaking new construction therein. 13. Fencing. Landowner may construct, maintain. repair and replace fencing on the Property, provided any new or replaced fencing located outside of the Building Envelopes is consistent with then -current Colorado Parks and Wildlife ("CPW") guidelines for fencing so as.tn permit the movement of wildlife across the Property (which may include one or more measures to limit fence height and. strand spacing, Hulce fencing visible to birds and ungulates. and otherwise provide access to important habitats and travel corridors by easing wildlife passage over, under or through fences). Corrals, livestock holding pens and other enclosures or exclosures that do not meet the above CPW guidelines are permitted only within the Activity Envelopes or surrounding oil and gas infrastructures. gardens and/or and stack yards elsewhere on the Property. C. Roads and Access Easements. Existing ranch roads and driveways, as shown approximately on Exhibit B, may be maintained, graded and graveled, provided such roads are not widened or surfaced with impermeable materials. The construction of new roads or granting of access easements or rights-of-way outside of the .Building Envelopes is prohibited, except that one dirt or gravel road may be constructed as necessary to access the 5 -acre Activity Envelope. The existing roads to the mineral development on the Property shall be restored to agricultural or native vegetation upon completion of mineral extraction unless necessary to agricultural use of the Property. D. Trails. Recreational tracks or courses or both for motorized vehicles are prohibited.. E. Recreational Structures. Temporary • and low -impact (defined in Section 21.1 herein) recreational structures, such as tents, picnic tables. and benches are permitted in a location and manner not damaging to the Conservation Values. Permanent, roofed, 8 111111rdFAICIlillig.kirlairivivi 11111 Reeept.on#: 916284 01/14/2019 12:40:17 PM Jean Rlberico 9 of 27 Res Fee,$143.00 Doc Fee:0.00 GARFIELD COUNTY CO or Thigh -impact (defined in Section 21.1) structures or improvements, such as gazebos, hard -surfaced trails, and polo fields requiring land contouring are not permitted outside of the Activity Envelopes. F. Ponds and Agricultural/Wildlife 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), wetlands, !ow -impact water storage and other agricultural or wildlife -friendly water features. each under one acre in size. are permitted in a manner consistent with the Purposes of this Easeinent and all Applicable Laws. Construction of reservoirs, ponds or water features for residential or other purposes is restricted to within the Activity Envelopes G. Utilities, Irrigation and Other Technology. The installation of or granting of easements and rights-of-way for utilities, utility lines, and other technological infrastructure requires prior approval from the Trust, except within the Building Envelopes and as permitted by easements or rights-of-way existing prior to the grant of this Easement, and as follows: a. 'tit lily Lines. Above- and below -ground utility lines may. be located within existing pasture areas and along permitted roads or road rights-of-way as necessary to service the Activity Envelopes. b. Water Wells. Water wells, pumps, and Tow-irnpact (defined in Section 21.1) water storage tanks, and maintenance and repair thereof, are permitted as necessary for permitted residential, agricultural and wildlife uses of the Property in accordance with all Applicable Laws and Section 8 3.1. Water Rights, provided that wells and water lines for domestic use shall he located within the Activity Envelopes if practically possible; c. Irrigation Structures. Maintenance, repair_ improvement and restoration of existing irrigation infrastructure including ditches. laterals. pipelines, sprinklers, headgates. pumps and pump houses is permitted in compliance with all Applicable Laws. Installation, maintenance. and repair of ditches or irrigation infrastructure in new locations. for the purpose of maintaining or enhancing wildlife habitat or agricultural use of the Property is permitted in accordance with all saki laws and restri.ctior1s; d- Renewable Energy Technology. Outside of the Activity Envelopes.. only low. impact. off -grid renewable energy -generating structures (terms defined in. Section 21.1 herein) are permitted. such as roof -mounted solar panels, solar- or wind_ powered pumps, or solar -powered electric fences. Commercial production of renewable energy or the connection of renewable energy -generating structures to the power grid requires the Trust's prior approval, except within the Activit; Envelopes. 9 ■111 r>1 i nlil iitK11111 • Reception$: 918284 01/14/2019 12:40x17 PM Sean A1berico 10 of 27 Ree Fee:3143.00 Doc Fee:0 00 GDRF1ELD COUNTY CO Landowner shall promptly reseed and restore any surface .impacts that result from the installation or maintenance of any above-described improvements to as close to the Property's original condition as possible within three months, season permitting, oras otherwise se approved by • the Trust. 7.3. Natural Resource Management and .Land Use. Landowner recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. A. Agriculture. Landowner_retains the right to conduct agricultural operations on the Property, except as prohibited below, and to lease lands with appurtenant Water Rights for agriculture, in a manner consistent with sound farming aid. range imanagernent practices so as not to cause significant soil erosion or low soil quality as then - determined by the Natural Resources Conservation Service or its successor organization ("NRCS"). Permitted agricultural operations include grazing and raising of horses and livestock, maintenance of pasturelands, cultivation and raising of crops of all kinds and all other agricultural activities not inconsistent with protection of the long-term ecological viability of the land. It is the intention of this Easement that the Property remain viable for agricultural production in the future. The following agricultural practices are considered inconsistent with the Purposes of this Easement, and are therefore prohibited on the Property: ( I ) intensive growth livestock tarmts, Concentrated Animal Feeding Operations (referred to ars "CAFO's" by the Environmental Protection Agency), or commercial feed lots (defined as confined areas or facilities for animals, within which the Property is not vegetated. or is not grazed or cropped annually, for purposes of extended feeding and finishing of large numbers of livestock for commercial hire); (2) meat or poultry processing facilities; (3) sawmills or logging operations or facilities: (4) clearing or conversion. of native rangeland -or habitat without approval of the Trust. If agricultural operations on the Property cease in the future, Landowner agrees to reseed heavily disturbed areas and take other measures necessary to establish native or drought -tolerant, non-invasive ground cover to prevent the spread of noxious weeds. 8. Forest and Vegetation Management. Selective cutting, thinning (see definitions in Section 21.1) and burning of native vegetation on the Property is permitted on a limited and localized basis (meaning limited in scope, scale and impact) to control fire danger, insects, and disease; to preyent personal injury and property damage; for personal firewood collection and construction of permitted structures; or to otherwise maintain the health of the wildlife habitat or ecosystem. Any activities that impact rriore than ten percent of the Property with the potential to temporarily damage the Conservation Values may be required to be conducted in accordance with a management plan approved by the Trust. Landowner may allow wildfires to buns on the Property and conduct controlled hums as appropriate to maintaining long -tern ecosystem health, 10 ■II ��f�YF� r�i l� � l�"����I s� '���I �J'�, 11111 Reception##: 919264 01/14/2019 12:40:17 PM Joan Alberlco 11 of 27 Reo Fee:$143.00 Doc Fee:O 00 GARFIELD COUNTY CO C. Weed Control. Landowner agrees to control noxious weeds and invasive plant species on the Property in accordance with the Colorado Noxious Weed Act (January 23, 2006), as amended, and other Applicable Laws. and shall not intentionally introduce noxious weeds or invasive species to the Property. D. Hunting and -fishing. Hunting, fishing and the leasing of hunting rights on the Property may be permitted or prohibited at Landowner's discretion 'and in accordance with all CPW regulations and other Applicable Laws. E. Trask and Dumping,. The dumping or burial of non-hiodegradable material such as castings. scrap iron, abandoned vehicles, boats, or parts. thereof non-metallic wastes or other unsightly or offensive material within the Property is prohibited. At the time of the A&R, oil and gas refuse exists on the Property and shall be removed and remediated upon conclusion of oil and gas development on the Property. F. Mining and Minerals. 'Wining, quarrying, drilling. boring. or exploring for or removing oil, gas. minerals. rocks, stones, gravel or earth (collectively hereafter "minerals") on or below the Property is prohibited. except by third party mineral rights holders having the pre-existing right to this grant of Easement to explore for. extractor develop minerals associated with the Property. Landowner shall not sell. lease, transfer or separate from the Property any mineral rights owned or controlled by Landowner as of the date of this Easement grant. Mineral development pre -dating this A&R Easement and remnants of such development remain on the Property including six natural gas well, pads. roads to each well pad, a buried pipeline in the southern portion of the Property, a tank stock yard for unused equipment, and a trailer office for current oil and gas employees. • . Should a third party mineral rights holder require surface or sub -surface access to minerals on or below the Property, Landowner agrees to notice the Trust as a party to any future negotiations regarding mineral leases, surface use agreements, damage agreements, or other related mineral agreements (collectively hereafter "Mineral Agreements") that may affect the surface of the Property or its Conservation Values (including ground and surface water resources) fbr the purpose of protecting and preserving to the extent possible, • and if necessary. restoring and remediating. the Conservation Values. The Trust shall claim no rights to proceeds or royalties from any permitted mineral development and Landowner shall retain sole execution authority for all permitted Mineral Agreements, provided the Trust has been properly notified and provided the opportunity to participate in negotiatii,ns for such Mineral Agreements. a. Current Mineral Lecse.s• and Development. The Parties acknowledge that the mineral estate has been severed from the Property and (here is an active oil and gas lease and related agreements on the Property. including but not limited to six (6) well pads on the Property. and an underground gas pipeline. Landowner agrees not 1111 frafriMli� f ri:11111* ".:1 1 .1`. I 111111 Recaptiont4: 916264 41114(2019 12:40:17 PM Jean Alberico 12 01 27 Rao Fee:$143.O0 Doc Fee:0.00 GARFIELD COUNTY CO to amend existing lease or other related mineral agreements in a manner that potentially impacts the surface of the Property or its Conservation Values, or the duration of the sane, without Trust's approval and inclusion as a party pursuant to Section 5.5 and the agreements of this A&R Easement. O. Water Resources. Landowner shall not divert, darn, pollute, drain, dredge, alter, or intentionally destabilize or degrade natural banks, shorelines or riparian areas of wetlands or other naturally -occurring streams, springs, lakes, ponds or other surface or subsurface water features (whether seasonal, intermittent or perennial) that may occur • on the Property now or in the future, except with Trust approval and in compliance with all •Appli cable Lavvs. H. Water Rights. There are no water rights included in or encumbered by this Easement. Commercial and Industrial Activities. Landowner shall not conduct commercial or industrial activity on the Property. except in a manner consistent with 'the terms and: Purposes of this Easement (such as agriculture, cottage industries and other customary rural enterprises permitted 'by Applicable Laws that can be undertaken without damaging the Conservation Values). Third party mineral right extraction and exploration stemming from rights that pre-exist the Original Easement are excluded from this provision. J. Recreation, Low -Impact [as defined below in Section 21.1(D)], non -motorized recreational uses such as hiking, horseback riding. mountain biking, cross-country skiing, hunting, fishing and camping are permitted on the Property in a non -intensive and with little to no impact to or on protected Conservation Values manner consistent with the terms and Purposes of this Easement. 8. PUBLIC ACCESS By terms of this Easement, Landowner does not afford the public any more than visual access to any portion of the Property although Landowner may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is not inconsistent with the terms of this Easement. 9. REPRESENTATIONS AND WARRANTIES Landowner represents and warrants that, after reasonable investigation and to the best of its knowledge: 9.4. Except for substances associated with natural gas production and fuels customarily used or transported in connection with agricultural and construction activities; no substance defined, listed, or otherwise classified pursuant to any federal, state, or local law or regulation as hazardous, toxic, polluting, or otherwise or threatening to human health or the environment exists or has been used or released on the Property; 12 1111111g4MilniliAiler1141111fiVIPONINI1001i14111111 Reaept.on#: 916264 13Ior 229 7 Roc2F00:$143.401Doc FR'ee:0100 GAR> IELD COUNTY CO 9.2. There are not 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; 9,3. Landowner and the Property are in compliance with all federal, state, and local laws and regulations applicable to the Property and there is no existing, pending or threatened litigation affecting or relating to the Property; 9.4. Landowner 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 Landowner shall warrant and Forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Landowner, the whole or any part thereof, except for rights-of-way, easements, restrictions. covenants and mineral reservations of record. 10. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS; REQUESTS FOR APPROVAL The purpose of requiring Landowner to notify the Trust before undertaking certain activities and uses of the Property. as identified in Section 7 or elsewhere in this Easement. is to afford the Trust an opportunity to update its records and, if approval is required, to ensure that the activities in question are consistent with the teams and Purposes of this Easement. Landowner s]zalI 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 Purpo5e5 or the Easement or protection of the Conservation Values. Whenever notice and the Trust's approval are required, Landowner shall notify the Trust in writing not less than 60 days prior to the date Landowner intends to undertake the activity in question, and describe the nature, scope. design, location, timetable. and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to the activity's consistency with the terms and Purposes of this Easement_ Whenever notice is required without the Trust's approval. owner shal.I notify the Trust in writing not Less than 30 days .in advance of the proposed activityaunless this Easement provides otherwise, 1L THE TRUST'S APPROVAL - Whenever this Easement requires that Landowner obtain the Trust's approval for any activity or use of the Property, or if Landowner 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 Landowner. The Trust's approval may be withheld in its sole discretion if the Trust determines that the proposed activity would damage the Conservation Valles or he 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 Landowner within 30 days of receipt of Landowner's written notice and request for approval (as described in Section 10, above). In the event the Trust should withhold its approval, it may also specify to Landowner any modifications to the request that might render the request consistent with the terms and Purposes of the Easement: 13 1111 FI INIMMAIIMS5 ik/411 11/44/1111 Recept.ian6: 916264 14/or 271Rec2Fee:$143.00,D Fee;(5.00 GARFIELD COUNTY CO IL TRUST'S REMEDIES: ENFORCEMENT The Trust shall have the right to prevent and correct, or require correction of, violations of this Easement. The Trust is not, responsible for monitoring for or enforcing violations of any Applicable Laws, permits, or third party contracts affecting the Property now or in the future, except to the degree that any violations of Applicable Laws also violate this Easement, damage the Conservation Values, or be otherwise inconsistent with the Purposes or terms of this Easement. If the Trust finds what it believes is a violation, or a threat of a violation of this Easement, the Trust shall notify Landowner of the nature ofthe alleged violation. Upon receipt of this notice. Landowner shall immediately discontinue any that could increase or expand the alleged violation and shall either: (a) restore the Property within 60 days as is best possible to its condition prior to the violation, or if immediate. restoratiorris not possible, Landowner 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. Landowner's written explanation or restoration actions, the Parties agree to meet as soon as possible to resolve their difference, lfa 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 Landowner 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 Landowner, without waiting for the period provided for cure to expire, and without waiting for the 60-dayr mediation period to expire. The Trust may bring an action at law or in equity, ex parte as necessary, in a court of jurisdiction to enforce the terms of this Easement and to enjoin a violation by temporary or permanent injunction, which may require restoration of the Property to the condition that existed prior to the violation. The Trust's remedies described here shall be in addition to all remedies now or hereafter existing at law or in equity, and shall include, without limitation, the right to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including damages for the loss o.fscenic, aesthetic, or environmental values, and the 'right to other remedies designed to deter bad acts, including restitution of tax benefits or payments for the Easement, disgorgement of profits, and liquidated and punitive damages. The Trust, may apply any damages recovered to the cost of undertaking restorative, remedial or corrective action on the Property without limiting Landowner's. liability for such damages or corrective action. Enforcement of. the terms of this Easement shall be at the sole discretion of the `frust, 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 terrn(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 ofthe Trust to discover a violation or to take iinrnediate legal, action shall not bar the Trust from doing so at any time after the date upon which the violation is discovered. 14 111 /!N/ 21 liFill ille11l 0 irk r 'fi'llill\Z11 fit ti{III Reception# : 91264 01/14/2019 12:40:17 PM Jean A1berloo 15 of 27 R®c Fe.:$143.00 Doo Fee:0.00 GARFIELD COUNTY CO All reasonable costs incurred by the Trust in enforcing the terms of this Easement by legal or other means, including but not limited to expert fees, staff time, legal fees, and costs of pursuing legal or other action. and costs of restoration necessitated by Landowner's violation of the terms of this Easement, shall be borne by Landowner, unless Landowner ultimately prevails in a judicial enforcement action, or a court finds as a matter of law that the Trust acted in bad faith in seeking to enforce the terms, of this Easement, in which cases each Party shall bear its own costs. If the Parties agree to mediation, the Parties will equally share the cost of the mediator's fees. 12.1, Mediation: If a dispute arises between the Parties concerning the consistency of any proposed activity with the terms of this Easement. and Landowner agrees not.to proceed with the activity pending resolution of the dispute. either Party may refer the dispute to mediation by written request to the other. Within 10 days of th.e receipt of such request. the Parties shall select a trained and impartial mediator, preferably with experience in real property taw and land conservation. If the Parties are unable to agree on a mediator, or no such experienced mediator is available, then the Parties shall each select a qualified mediator and those two mediators shall select a mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (a) promote discussion between the Parties; (b) help the Parties develop and exchange information concerning the issues in dispute; and (c) help the Parties develop proposals that will enable them to arrive at a mutually acceptable resolution. The mediation is not intended to result in or be interpreted as resulting in any modification or amendment of the terms, conditions, or restrictions o f this Easement; B. Participation. The mediator inay meet with the Parties and their counsel jointly or ex pole. The Parties. agree that they will participate in the mediation process in good faith and expeditiously. except in eases where the Trust believes that there is ongoing damage to Conservation Values. in which ease the Trust can suspend its invalvernent in the mediation to remedy this threat of ongoing violation. Representatives of the Parties with settlement .auth.ority 'will attend mediation sessions as required by the mediator; C. Confidentiality. All information presented to the mediator shall be confidential and may be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator- shall not be subject to subpoena by any Party in any subsequent litigation; D. Time Period and Fees. Neither Party shall be obligated to continue the mediation process beyond a period of 60 days from the date of the initial meeting with the mediator, nor if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution. The Parties shall each hear 50% of the mediator's fees. 13. COSTS, LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE 15 ■ISI 10fr 4N1rw AR. 110J11h0t40Ili 11 111 Reception#; 916264 01/14/2019 12:40:17 PM dean Aiberiao 16 or 27 Reo Fee.$143.00 Doc Fee:0.00 GARFIELD COUNTY CO 13,1, Costs, Legal Requirements and Liabilities. Landowner 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. Landowner shall nmke best efforts to keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Landowner. Nothing in this Easement shall be interpreted as prohibiting Landowner 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.m 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 Landowner'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 Harmless. Landowner shall hold harmless, indemnify and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of there (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) theinjury to or the death of any person, or damage to property, occurring ori or about or related to the Property, unless and to the extent such injury. death, or damage was caused by the willful and wanton act (as defined by C.R.S. §13-21-102(1)(b)) or omission of any of the Trust Parties; (b) the violation or alleged violation of, or other failure to comply with, any state, federal. or local law, regulation, or requirement, including, without limitation. CERCLA, by any person other than any of the Trust Parties, in any way affecting, involving, or relating to the Property; (c) the presence or release of hazardous or. toxic substances in, on, from, or under the Property at any time. of any substance now or hereafter defined, .listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health- or the environment, unless and to the extent caused by any of the Trust Parties: (d) payment of taxes imposed upon or incurred by the Property as a result of this Easement, including property taxes and the sale of income tax credits acquired as a result of this Easement; (e) tax benefits or consequences of any kind which result or do not result from entering into this Easement; and (f) the obligations, covenants, representations, and warranties described herein; 13,4. Waiver of Certain Defenses. Landowner hereby waives the defenses of laches, estoppel and prescription. • Landowner waives any defenses or rights available to Landowner pursuant to C.R.S. §38-41-1 19 and agrees that the one-year statute oflimitation provided by C.R.S. §38-41-119 does not apply to this Easement; 13.5. Acts Beyond Landowner's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Landowner for any injury to or change in f.he Property resulting from causes beyond Landowner's control or from any prudent action taken 16 Eli Faill kl MIttintk`i11114`r t'4 11111 Reception#: 916264 01/14I201g 12:40:17 PM Jean Aabaraca 17 of 27 Rea Fee:$143.0$ POO Fea:0,00 GARFIELD COUNTY CO by Landowner under emergency conditions to prevent, abate. or mitigate significant injury to the • Property. Landowner 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 Landowner to access the Property. The Trust retains the right to enforce the terms of this Easement against third parties or Landowner or both for violations of the Casement or damage to the Property. - 14. EXTINGUISHMENT AND CONDEMNATION 14.1. . Extinguishnierrt, The Parties agree that any changes in the economic viability of the uses permitted or prohibited by this Easement, or changes to neighboring land and its use shall not be deemed circumstances or conditions justifying the termination or extinguishment of the Easement. ln-addition, the inability of Landowner. or Landowner's heirs, successors or assigns. to implement any or all of the rises permitted under this Easement shall not impair the validity of the Easement. or be considered grounds for termination or extinguishment of this Easement. Further. this Easement cannot be abandoned. released. terminated, extinguished, or affected by .adverse possession. - If circumstances arise in the future that render the Purposes of this Easement impossible to accomplish, the Easement can only be terminated or extinguished.. in whole or in part. 'by judicial proceedings after a court of competent jurisdiction has found that the Purposes of this Easement are impossible to accomplish and has explored all options for importing other Purposes for the • Easement. Each Party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled from any sale. exchange. or involuntary conversion of all or any portion of the Property subsequent to such termination, shall be determined. unless otherwise provided by Colorado law at the time. in accordance with the Proceeds paragraph below, and such proceeds shall be used by the Trust in a manner consistent with the conservation Purposes of the original Easement contribution. as required by §1.170A- 1 11(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. Landowner and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking �r in -lieu purchase. and all damages resulting there from. All expenses reasonably incurred by Landowner 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; 15. ASSIGNMENT Or EASEMENT In the event the Trust is no longer able to carry -out hs 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 :nay, upon prior notice to Landowner. elect -to transfer the Easement and assign its rights and obligations under this Easement to a qualified land conservation organization or government entity that is, at the time of transfer: (a) wiIIing and able to accept the transfer: (b) a qualified organization under IRC § 170(h) (or any successorprovision 17 1111 rel '1 t�lW� ��1 �'I�f� i � �l�l+�l h 11111 RQcept,f on## • 916264 18 of/2771Rec2F4e:$143. 0 DM oe Fee:0,0 GARFIELD COUNTY CO then applicable), and its applicable Treasury Regulations; (c) authorized to hold conservation easements under Colorado law; and (d) charged with a mission similar to that of the Trust. As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to uphold the Purposes of the Easement and otherwise assume all of the obligations and liabilities of the Trust set forth in this Easement. After such transfer, the Trust shall have no further obligation or liability under this Easement. Should the Trust be, unable to assign the Easement according to this procedure, a court with competent jurisdiction shall assign the Easement_ • 16. SUBSEQUENT TRANSFERS OF PROPERTY Landowner agrees to notify any party who may purchase, lease, or otherwise hold interest in this Property of the terms of this Easement, and to provide a copy of the Easement 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 Landowner transfers all or part of the Property to a third party, including all subsequent transfers, that party shall pay S504.00 to the Trust to cover administrative costs associated with the transfer, as well as to put the third party recipient on notice of the existence.of this Easement. This payment is exempt from transfer fee restrictions of C.R.S. §38- 35-127 because the payment shall be used by the Trust only to benefit the Property, any adjacent or contiguous real property, or the community in which the Property is located to support preservation of open space, recreational, environmental. conservation, or similar activities. if the contribution is not paid to the Trust at the time of sale or transfer, the unpaid amount shall hear interest at the rate of eighteen percent (18%) per year from the date of sale or transfer until paid in full. The obligation to pay is secured by the Property and shall create a lien on the Property that can be pursued by the Trust if not fulfilled. This provision is intended to run with the land for the duration of this Easement, and to touch and concern the Property burdened by this Easement. • 17. NOTICES Any communication that either Party is required to give to the other under the terms of this Easement shall be in writing and physically delivered. or sent by first class mail. postage prepaid, to the following addresses, or to such other address as either Party may designate in the future by written notice to the other. Other communications not required by this Easement nay he in the forth of email or other electronic communication: To Landowner: To the Trust: Levy E. Burris Jr. and Jacque Couey Burris Aspen Valley Land Trust 669 CR 326 320 Main Street, Suite 204 Silt, CO 81 652 Carbondale, CO 81 623 970-876-0653 970-963-8440 18 11111 IViIN1IVW, :111".ifI no&lul1f4r1111III Recap t i on# : S16284. W1/14/2019 12:40x17 PPI Joan Rlberico 19 ❑f 27 Rec Fee:$143.00 Doc Fee:0.00 GARFIELD COUNTY CO 18. RECORDATION The Trust shall record this Easement in the official records of Garfield County. Colorado and may re-record it at any time as may be required to preserve its rights in this Easement. • 19. AMENDMENT If circumstances 'arise under which an additional amendment to this Easement would be appropriate to promote the Purposes of the Easement. Landowner and the Trust may jointly amend this Easement. However, the Trust is under no obligation to amend this Easement. and inay decline any amendment in its sole discretion. Any amendtnent shall be consistent with the Purposes of the Easement, and may not affect the Easement's perpetual duration.. Any amendment shall be in writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the appropriate Colorado County. Corrections to correct factual mistakes or typographical or clerical errors may be made at the discretion of the Trust. No amendment shall be allowed that affects the qualification of this Easement or the status of the Trust under any Applicable Laws, including C.R.S. §**38-30.5401 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 Landowner or to any other individual or entity (see Treas. Reg. 1.1701-14(h)(3)(i)), or that will result in private inurement to a Board member, staff or contract employee of the Trust (see Treas. Reg. 1.501(c)(3) -1(c)(2)). Future amendments may be subject to a fee set by the Trust according to Trust policies to cover its staff time, legal and other costs_ 20. SUBORDINATION At the time of the conveyance of the Original Easement. the Property was not subject to any Deed of Trust. At the time.ofentering into this A&R Easement. the Property is now subject to a Deed o#'Trust on file with the Garfield County Clerk and Recorder as Reception No. 843122 (the "Deed of Trust"), and an Assignment of Rents on file with the Garfield County Clerk and Recorded as Reception Number 843124 (the "Assignment"). This Deed of Trust and Assignment sit behind the Original Easement in order of priority being that they were granted after the Original Easement, and by the superseding amendment, restatement, and incorporation of the Original Easement into the A&R Easement, the Deed of Trust and Assignment also sit behind the A&R Easement in order of priority. Withstanding the foregoing, at the tine of conveyance of this A&R Easement. the Property is now subject to the Deed of Trust and the Assignment, the holder of which has 'agreed. b separate instrument. on File with the Garfield County Clerk and Recorder as Reception No. , to subordinate its rights in the Property to permit the Trust to enforce the Purposes of the A&R Easement in perpetuity. even as the A&R Easement niay be amended and restated over time, and to prevent any :nodi fication or extinguishment of the A&R. Easement by the exercise of any rights ofthe Deed of Trust or the Assignment, or both, by their holder. 2L € r ,riu. PROVISIONS 21.1. Definitions. ,1:or the purposes of this Easement, the following words and phrases are defined as .follows: 19 1111 gig/ AM 1 ding II to, 11111 Reception#; 916264 01/14/2019 12:40:17 PM Jean Alberioo 20 of 27 Rec Fee:$143.00 Doo Fee:0 00 GARFIELD COUNTY CO A. Landowner and Trust. The terms "Landowner" and "the Trust," and any pronouns used in place of those terms, refer to, respectively, the original landowner and all other landowners who succeed the original landowner, including but not limited to Landowner and Landowner'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 lo this legal document and to the immediately vested interest in real property defined by Colorado Revised Statutes §§38-30.5-101 et seq.; C. Applicable Laws. The term "Applicable Laws" refers to all relevant federal, state, and local statutes, ordinances, judicial decisions, executive orders, codes or regulations having the force and effect of law that have- bearing on or may control certain uses allowed by the Easement; D. Low -Impact. The term "Low -Impact" refers to activities or improvements whose location, use and construction have negligible or no surface impact on the Property and do not damage the Conservation Values (meaning, they have no scenic impact from public rights-of-way; do not result in harassment of wildlife, increased erosion or compaction of soils; earthmoving or re -contouring of land; construction of roads or installation of utility lines; nor damage to relatively natural habitat including rivers, wetlands, riparian areas or other water resources); E. High-lni act. The term "high -impact" refers to any activities or improvements whose location, use and construction may impact more than 10% of the Property, or which may impair the Conservation Values through scenic impact from public rights- of-way, harassment of wildlife, earthmoving, re -contouring of land, construction of roads or installation of utility lines, .increased erosion or compaction of soils, or damage 'to relatively natural habitat; F. Renewable Energy Resource. The Term "renewable energy resource" refers to an energy source that -is replaced rapidly by natural processes, such as biomass, hydro, geothermal, solar or wind. G. Forestry Terms. The term "selective cutting" refers to cutting that removes only a portion of trees. in a stand, and "thinning" refers to a treatment made to reduce stand density of trees primarily to improve growth, enhance forest health, or recover potential mortality. H. 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 skate engineer, having a capacity not 20 1111 droll R' i �� �� > �I �.�'� Th111111411111 Reception#• 916264 01/14/2019 12:40:17 PM Joan Albarxoo 21 of 27 Reo FIR:a143.00 Doc Fes:0,00 GARFIELD COUNTY CO exceeding ten acre feet and a vertical height not exceeding fifteen feet f'orn the bottom of the channel to the bottom of the spillway to be used for stock watering purposes." 21.2. Controlling Law. The interpretation and .performance of this Easement shall be governed by the laws of the State of Colorado; 21.3. Liberal Construction. This Easement shall be liberally construed in favor of the grant to effect the Purposes of the Easement and the policy and purpose of C.R.S. §38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with ensuring continuation of the Purposes Odle Easement that would render the provision valid shall he favored over any interpretation that would render it invalid. The common law rules of construction and of d is fa voring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement; 21.4. • Severability. If any provision or application of any provision of this Easement, is found to be invalid, the remainder of the provisions shall be deemed severable and remain in full force and effect; 21.5,. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the A&R Easement. This Easement amends and restates the prior Easement in its entirety such that all of the terms and conditions of this document slhatl apply to the Easement covering the original donation, and upon its execution and recordation, this A&R Easement shall supersede and replace the Origi nel Easement in its entirety. which Original Easement will have no further force or effect; 21.6. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or reversion of Lan.downer's title in any respect: 21.7. Joint and ,Several Obligation. The obligations unposed by this Easement upon Landowner.shafl be joint and several. If the Property's ownership, now or in the future, is by a single entity consisting ofnuiltiple parties including shareholders, partners. or members. that entity is required to notify its shareholders, partners, or mem bers of the entity's a1. d 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 Landowner'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 pf the Party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer: 21 IEHAVAION04414NOVA34041014WAR 11111 Recept1on#: 916264 01/14/2019 12:40:17 PM JoAn Alberico 22 of 27 Reo Fee:$143.00 Doc Fee:0.00 GARFIELD COUNTY CO 21.10. Captions. The captions in this instrument have been inserted solely for convenience of reference and shall have no effect upon construction or interpretation; 21.11. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall. be deemed an original instrument as against any Party who has signed it. In the event of any disparity between the counterparty produced, the recorded counterpart shall be controlling; 21.12.. Merger. Unless the Parties expressly state that they intend a merger of estates or interests to occur, no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement; Should the Trust in the future own all or a portion of the fee interest in the Property, the Trust as successor in title to Landowner, shall observe and be bound by the obligations of Landowner and the restrictions imposed on the Property by this Easement. In addition, this Easement shall not merge with the fee title without the prior written •. approval of Landowner. The Easement shall not be extinguished, in whole or in part, through the legal doctrine of merger in view of the public interest in its enforcement. 21.13. Acceptance of Gift per IRC Section 17O(F)(8). The Trust acknowledges receipt and acceptance of this Easement encumbering the Property. for which no. goads 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(s) executing this Easement is/are fully empowered and legally authorized to do so; and that this Easement constitutes a valid. enforceable, and legally binding obligation of said Party. N WITNESS WHEREOF, Landowner and the Trust have executed this Deed of Conservation Easement as of the'date first written above, (S'ignatures on. following page) 1111AIM 1%1014 tyJi 11111 Rec.ptIortt: 936264 31/14/2419 12:40:17 PM Jaen A1berioo 23 of 27 Rec Fee;$l43.00 Doo Fee:3,33 GARFIELD COUNTY CO LANDOWNER: By 7 orris Jr. andowner STATE OF COLORADO ) ) ss. COUNTY OF Gemag3 ) The foregoing instrument was acknowledged before nye this ACA m. day of 2019, by Levy E. Burris Jr., as Landowner, WITNESS my hand and official seal. Notary Public My Commission expires: Sheila M. McIntyre STATE OF COLORADO NOTARY ID 209140043N MY COIWAisSlay EWES FRI:NARY d, 2021 1111 AP,All MHO: !'+ I VII h r '1 IANil i 1III Reception#7: 916234 01/14)2019 12:40:17 PM Jean AFbericq 24 of 27 Reo Fee:E143.00 Doc Fee.0 00 GARFIELD COUNTY CO LANDOWNER: J clue ey Burris, Las"owner STATE OF COLORADO ) COUNTY OF iC2-1 ELL ) SS. The foregoing instrument was acknowledged before me this day of _114_ 2019, by Jacque Colley Burris, as Landowner. WITNESS my hand and official seal. aalL Notary public �] My commission expires: 24 Sheila M. hidrftyre NOTARY PUBLIC STATE OF COLORADO NOTARY ID 14004306 MY CC1A4 SSION EXF1RES FEBRUARY $, 2021 111111 rdrilliMiliNIVILM401,11411'a4i'ltir"ii6'4Y1411111 Reception#; 918264 01/14/2019 12:41x7:17 PI Jean Alberlco 25 or 27 Rec Fee:3143.0Q Doc Fee41 COGARFIELD COUNTY CO ACCEPTED by the TRUST: ASPEN VALLEY LAND TRUST, a Coldtado nonprofit corporation, By: Suzanne Shens. Executive irector STATE OF COLORADO ) ) Ss. COUNTY OF-c¢(c ) The foregoing instrument was acknowledged before me this ( day of 2019, by Suzanne Stephens as Executive Director of ASPEN VALLEY LAND TRU "i', a Colorado nonprofit corporation. WITNESS my hand and official seal. WAIL LAHOPIT NOTARY MEM STATE OF 034.021tADO NOTARY Ii 201340 Pitf cCMaN'EP9 NCK 13, 2022 Notary Public My commission Co111nlission expires: f f -_15 2.Q22 5 1111 FAVILVIIIMICMIltirK 11111 RQception#: 916264 01/14/2019 12:40:17 PM Jean Albar!oo 28 of 27 Rec Fee:5143 00 000 Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description of Property Township 6 South, Range 92 West of the 6th Principal Meridian. Section 35: SW % of the NW IA; N 'A of the SW /a; SE. 'A of the SW 1; SW 'A of the NE 'A; and the W V2 of the SE 'A of Garfield County, State of.Colorado containing 279.272 acres. 26 Chipperflekl Lana Storage Aram . 1,000 Vie: UsDN��1,-Aii%.%L1,[. � - - -'' � �•- meq., T1V f' 5 `Tru -5 is not 'a survey, dI t;ourkiailisk are a�sRr�lrepresentations!. ■III �.rl' �� ��' �U�Mit��� 1�hr4:� A111111 RecapLAon#: 9182 6.1. 27 of 27 Rep Fee:%143.N PM Doo Fea:0.000 GARFIELD COUNTY CO EXHIBIT C3 Map of Property K �►:� -rte '_.._.. LEGEND CIConservation Easement Boundary (Source: Garfield County Parcel Data) FA 15 -acre Activity Envelope (Source: AVLT GIS Data) 40 -acre Subdividable Parcel (Source: AVLT GIS Data) fes!/15-acre Activity Envelope Options 222, (Source: AVLT GIS Data) Approximate Outline of Areas Disturbed from C3Oil and Gas Operations (WP = Well Pad) (Source: Hand Digitized from 2017 USDA NAIP Orthophoto) EXHIBIT B MAP OF PROPERTY 27 EXHIBIT A Legal Description of Property Township 6 South, Range 92 West of the 6th Principal Meridian Section 35: SW % of the NW %; N 1/2 of the SW 1/4; SE % of the SW %; SW '/ of the NE 1/4; and the W 1/2 of the SE 1 of Garfield County, State of Colorado containing 279.272 acres. 26 EXHIBIT B Map of Property 27 LEGEND EDPrice I Conservation Easement Boundary Activity Envelope Subdividable 40 acres