HomeMy WebLinkAboutresolution.council.026-21 RESOLUTION #026
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMMENDMENT TO THE CONSERVATION
EASEMENT FOR COZY POINT RANCH AUTHORIZING TORRE, MAYOR,
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council an amended and
restated deed of conservation easement to the Aspen Valley Land Trust, a true and
accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves an amended and
restated deed of conservation easement to the Aspen Valley Land Trust, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
Mayor to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 131h day of April 2021.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, April 13th, 2021.
Ar, �51nvx-�Y\s q0'r Ate'I'e—
Nicole Henning, City Clerk Nevxft'&
RECEPTION#: 676272, R:$203.00, D:$0.00
DOC CODE: DEED CONSERV
Pg 1 of 39,05/05/2021 at 11:49:37 AM
Janice K.Vos Caudill, Pitkin County, CO
NOTICE TO TITLE COMPANY: Division of the property subject to this Easement
is prohibited in accordance with Section 7.1. This Easement further requires %0.05
(one half of one percent) of sale price be paid by the recipient to Aspen Valley Land
Trust or its successor at the time of every transfer of this Property, as described in
Section 16. This payment is exempt from the transfer fee restrictions contained within
C.R.S.38-35-127.
FIRST AMENDED AND RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
COZYPDINT RANCH
Pitkin County
THIS FIRST AMENDED AND RESTATED DEED OF CONSERVATION
EASEMENT IN GROSS ("A&R Easement")is granted this day of ,
2021, by the CITY OF ASPEN, a Colorado municipality ("Landowner") to and for the
• benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having
offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust')
(collectively, the"Parties").
The following exhibits are attached hereto and incorporated by reference herein:
Exhibit A: Property Legal Description
Exhibit B: Map of Property
Exhibit C: Activity Envelopes
RECITALS
WHEREAS, Landowner donated a conservation easement in gross to the Trust by
grant of that certain Deed of Conservation Easement recorded in Pitkin County on June 30,
2003 as Reception No. 484726 (the "Original Easement') over and across all of the fee
simple interest of approximately 168 acres of real property along Highway 82 at the
intersection of Brush Creek Road, in the County of Pitkin, State of Colorado, 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 Easement 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 natural (including habitat), scenic, open space
(including agriculture), conservation education, and recreational values (collectively,
"Conservation Values") of importance to Landowner, the Trust, the people of Pitkin
County,and the people of the State of Colorado that are worthy of preservation;
WHEREAS, the Conservation Values of the Property are more particularly
described in the 2003 Baseline Documentation, described in Section 4 herein, and include
the following conservation purposes, the protection of which are recognized for qualified
conservation contributions under Section 170(h)(4)(A) of the Internal Revenue Code of
1986, as amended ("IRC"), and under Section 1.170A-14(d) of the Treasury Regulations:
• Relatively Natural Habitat [Reg. § 1.170A-14(d)(3)]. The Property is generally
characterized by long, cold and moist winters, and short, cool, dry summers. The
northern portion of the Property is managed as a natural area, providing food,
shelter, breeding ground, and migration corridors for several wildlife species. In
addition, Brush Creek, a perennial tributary to the Roaring Fork River, flows across
west to east across the southern portion of the Property. Cougar Creek, a small
intermittent stream north of Brush Creek, provides riparian vegetation. The Property
serves as natural habitat for coyote, mule deer, elk,red fox, squirrels, mountain lion,
bear, and mountain cottontail rabbit, as well as many avian species.
• Open Space [Reg. § 1.170A-14(d)(4)]. The Property qualifies as open space
because it will be it is pursuant to clearly delineated federal, state or local
governmental conservation policies.
o Scenic Enjoyment. The Property adds to the scenic character of the local rural
landscape in which it lies, and provides a degree of openness, contrast and
variety to the overall landscape. A large portion of the Property is visually
accessible to the general public from Highway 82, Brush Creek Road, and
Juniper Hill Road which are open and actively used by residents of Pitkin
County and the State of Colorado. The terms of the Easement do not permit a
degree of intrusion or future development that would interfere with the essential
scenic quality of the land.
o Agriculture. A portion of the Property is currently used for agricultural
purposes including irrigated crop production and livestock grazing. This use is
compatible with other land use in the vicinity.
o Governmental Policies. Conservation of the Property is promoted by the
following local, state, and federal governmental policies, including the goals
and policies of Pitkin County, and the laws and regulations of the State of
Colorado and the United States support conservation of the Property relative to
its wildlife habitat,agricultural heritage, and natural area values:
■ Local Policies: In 2001 the City of Aspen created the Open Space
and Trails Board. The mission of the Open Space and Trails Board is
to continually acquire, preserve, manage and maintain open space
and trails within the community for the benefit of current and future
generations. The Board makes recommendations to City Council and
Staff on the acquisition and management of open space. The policy
of the Board is to further the purposes of the program as set out in
Section 2 of Resolution No. 108 (series 2001) as follows:
• Incorporating or protecting wildlife habitat and corridors;
Preventing, protecting and enhancing encroachment on flood
plain and riparian areas; Protecting public lands from the
impacts of development; Preserving historic routes of ingress
and egress to public lands and waterways; Providing access
to and from recreational or urban destinations; Protecting
Historic open spaces and its structures.
■ The Pitkin County Open Space and Trails program was founded in
1990 for the purposes of: (1) Shaping development (greenbelt and
viewplanes). (2) Incorporating or protecting significant wildlife
habitat and corridors. (3) Preserving historic agricultural and
ranching activities. (4) Protecting other public lands from the
impacts of development. (5)Preserving historic routes of ingress and
egress to public lands and waterways. (6) Providing recreational
opportunities throughout Pitkin County, which are directly related to
and not inconsistent with the foregoing purposes.
This easement grant will support this policy's objective by conserving wildlife
habitat and corridors and local agricultural lands.
■ Statewide Policies: The State of Colorado has recognized the importance of
private efforts toward the preservation of land by the enactment of Colorado
Revised Statutes ("C.R.S.") §§38-30.5-101 et seq. In addition, C.R.S. §33-1-
101 provides in relevant part that"it is the policy of the State of Colorado that
wildlife and their environment are to be protected, preserved, enhanced, and
managed for the use, benefit, and enjoyment of the people of this state and its
visitors." C.R.S. §38-30.5-102 provides for the creation of conservation
easements to maintain land "in a natural, scenic, or open condition, or for
wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest
or other use or condition consistent with the protection of open land . . ."
The State of Colorado also has provided incentive for Colorado
landowners to protect their land with conservation easements created
pursuant to C.R.S. §§38-30.5-101 et seq. and §170(h) of the IRC with the
enactment of the Conservation Easement Credit Against Income Taxes,
C.R.S. §39-22-522, which provides a transferable tax credit for qualifying
grants of conservation easements in gross.
The Colorado Department of Agriculture, statutes, C.R.S. §§35-1-101 et
seq.,provide in part that"it is the declared policy of the State of Colorado to
conserve, protect, and encourage the development and improvement of its
agricultural land for the production of food and other agricultural products."
The Property contains significant sagebrush and riparian habitat and its
conservation is therefore promoted by the Colorado Parks and Wildlife
("CPW"), Comprehensive Wildlife Conservation Strategy approved by the
US Fish and Wildlife Service in 2006, which lists sagebrush and West Slope
Rivers and Streams as High Priority Habitat.
■ Federal Policies: Federal legislation supports conservation of the Property
through the Farmlands Protection Policy Act and 2008 Farm Bill and
extensions of benefits originally provided by the 2006 Pension Protection
Act. The Farmlands Protection Policy Act, P.L. 97-98, 7 U.S.C. §§4021 et
seq., the purpose of which is "to minimize the extent to which federal
programs and policies contribute to the unnecessary and irreversible
conversion of farmland to nonagricultural uses, and to assure that federal
programs are administered in a manner that, to the extent practicable, will
be compatible with state, units of local government, and private programs
and policies to protect farmland," supports the Property's
protection. Section 170(b)(1)(E)(iv) of the Internal Revenue Code, as
amended by the 2006 Pension Protection Act, the benefits of which
amendment were made permanent through the passage of the Consolidated
Appropriations Act, 2016 (HR.2029) on December 18, 2015, creates a
greater tax deduction and carry forward period for landowners conserving
their properties through the use of perpetual conservation easements, with
even greater tax benefits available to agricultural landowners, provided that
the conserved property remains available for either agricultural or livestock
production,or both.
• Recreation and Education [Reg. § 1.170A-14(d)(2)]. Portions of the Property
outside of the leased areas will be made available to the general public for posted
seasonal recreational use along designated trails and through educational
programing for the benefit of the public. Recreational opportunities on the Property
will also include an equestrian trail for public use accessible from nearby equestrian
facilities.
WHEREAS, Landowner conveyed to the Trust in 2003 the right to preserve and
protect the Conservation Values in perpetuity and the Trust agreed,by accepting said grant,
to honor the intentions of Landowner stated herein and to preserve and protect in
perpetuity the Conservation Values;
WHEREAS, the Original Easement provided for "a building envelope not to
exceed ten acres", "to preserve and restore the historic barn and cabins/homes on the
homestead site", "use of up to 12-acres of the south pasture for a polo and/or soccer
playing field, along with standard field amenities such as parking, spectator facilities and
restrooms", and "use of approximately 2 acres for the operations of an archery range". This
A&R Easement will maintain the Property as one parcel and reduce the Property's Activity
Envelope down to one 19-acre (nineteen-acre) Activity Envelope (Activity Envelope A)
and the existing 2-acre (two-acre) archery range (Activity Envelope B), as shown on
Exhibit B. The Landowner is a public entity, working in the public's best interest,
benefitting the public through the A&R Easement's changes to create more directed uses
and activities within specific envelopes in exchange for relinquishing the right to build a
soccer complex.
WHEREAS, Grantor intends that the Conservation Values of the Property be
preserved and maintained by the continuation of land use patterns, including, without
limitation, those relating to open space, wildlife habitat and recreational uses existing at the
time of this grant, including the equestrian center, farm including agricultural and
educational activities, and related employee housing, agricultural structures and equestrian
facilities, which the Trust acknowledges and agrees do not significantly impair or interfere
with those values; and
WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the
right to preserve and protect the Conservation Values of the Property in perpetuity; and
WHEREAS, the Trust agrees by accepting this grant to honor the intentions of
Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of
the Property for the benefit of this generation and the generations to come;
WHEREAS, the Trust is a charitable organization as described in IRC §501(c)(3),
and is a publicly-supported organization as described in IRC §170(b)(1)(A)whose primary
purpose is to permanently preserve and protect the natural, scenic, agricultural, historical,
and open space resources of the greater Roaring Fork and Colorado River Valleys, and
who is a "qualified organization" to do so within the meaning of IRC §170(h)(3),
possessing the resources and commitment to protect and defend the conservation purposes
of this grant;
WHEREAS, the Trust also meets requirements of Colorado law as a qualified
recipient for a conservation easement under C.R.S. §38-30.5-104, and is certified to hold
conservation easements for which a state tax credit is claimed by the State of Colorado's
Division of Real Estate as outlined in C.R.S. §12-61-724 and in Rule 2.1 of the Code of
Colorado Regulations, Qualifications for Certification to Hold Conservation Easements (4
CCR 725-4, Rule 2.1), for the current year. The Trust is also accredited by the Land Trust
Accreditation Commission, a national accreditation program sponsored by the Land Trust
Alliance, at this time; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept this conservation easement on
behalf of the Trust.
AGREEMENT
NOW, THEREFORE, in consideration of the matters above, the mutual
covenants, terms, conditions and restrictions contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
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 et seq., through the terms mutually
agreed to in this Easement, and to hold said Easement unto the Trust and its successors and
assigns forever. 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 et seq., the purposes of the Easement
are to assure that the Property will remain forever predominantly in its relatively natural
habitat, scenic views, agricultural open space, and recreational values subject to the uses of
the Property permitted hereunder, including ongoing agricultural use, 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 purpose of this Easement is to preserve and protect the Conservation Values of
the Property in perpetuity, listed hereafter in order of priority. The primary purpose of this
Deed is to protect the Property's relatively natural wildlife habitat; the secondary purpose
of this Deed is to protect the Property's agricultural and educational open space, which
provides significant public benefit; and the tertiary purpose of this Deed is to protect the
Property's scenic views and recreational values, which provides a significant public
benefit. (This paragraph collectively defines 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 all of the listed
Purposes become impossible, the parties shall proceed in accordance with Sections 14 and
15 below, and consistent with applicable laws, to continue to honor the original Purposes
set out for protection by this Easement.
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 November 7, 2003 by
Newland Project Resources, Inc. a company that was familiar with conservation easement,
the Property, and the environs, and is on file with the Parties and incorporated herein by
reference (the "Baseline Documentation"). The Trust and Landowner acknowledge and
agree that by the execution of this Easement they approve, acknowledge, and accept the
Baseline Documentation as an accurate representation of the condition of the Property at
the time of the Original Easement. The Parties agree that the Baseline Documentation is
not intended to preclude the use of other evidence to establish the present condition of the
Property should a controversy arise over its use.
5. RIGHTS OF THE TRUST
To 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 ("Trust's
Development Rights"), except those expressly reserved by Landowner in Section 7 of this
Easement. The Parties agree that Trust's Development Rights shall be held by the Trust in
perpetuity in order to fulfill the Purposes of this Easement, and to ensure that such rights
are forever released and terminated as to 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 notice by the Trust to the Landowner prior to
entry onto the Property 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 activity or use inconsistent with the
Purposes and terms of this Easement, 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 Trust shall be responsible
for the maintenance of any such signs, and location, sign size, and general design shall be
mutually agreeable to both parties.
5.6. The right, as an interest owner in the Property, to receive notification from
and join Landowner as a party to any condemnation or eminent domain proceedings
affecting the Property (as described in Section 14), or to any leases, surface use
agreements, damage agreements or rights-of-way that may be proposed, granted or
required hereafter as a result of mineral development (as described in Section 7.3.G) or
other activities with the potential to impact the surface of the Property or its Conservation
Values; and
5.7. Any other rights that the Parties may mutually agree upon that are
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 §170(h)(4) and
C.R.S. §38-30.5-102.
7. PROHIBITED AND PERMITTED USES
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 11. Any other
activities that are inconsistent with the Purpose of this Easement, as defined by Section 2,
or with preservation and 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.
7.1. No Division of Property. Landowner may not divide or subdivide
(including de facto subdivision) the Property into more than one parcel of land. At all times
the Property shall be owned as a single parcel subject to this Easement. Ownership of the
single parcel by joint tenancy or tenancy in common is permitted; however, actions to
partition or condominiumize the Property are prohibited.
7.2. Buildings and Improvements. The construction, location, relocation or
expansion of any structures or improvements (defined as permanent or temporary
structures or other physical, human-introduced development of or on the Property) is
prohibited on the Property, except as follows in this Section 7.2:
A. Activity Envelopes. Landowner retains a 19-acre activity envelope
"Activity Envelope A", and a 2-acre activity envelope for use of the archery
range, "Activity Envelope B", legally described on Exhibit A and shown
approximately on Exhibit C, within which Landowner may engage in all non-
industrial uses then permitted by Pitkin 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. Together, within Activity Envelope A and Activity Envelope B,
Landowner reserves the right to:
a. Construct, locate, rebuild, remodel, relocate, maintain, or replace up to a
total of 9,000 square feet of residential structures;
b. Maintain and redevelop an equestrian center, barns, and other accessory
buildings for the operation of a horse ranch and equestrian facility;
c. Construct, locate, rebuild, remodel, relocate, maintain, or replace barns
and other accessory buildings for the operation of farming and agricultural
education;
d. Construct, locate, rebuild, remodel, relocate, maintain, or replace
archery equipment;
e. Facilities and improvements must be permitted by Pitkin County
(including but not limited to utility lines, septic systems, fences, corrals,
picnic areas, and driveways).
B. Agricultural Structures Outside of the Activity Envelopes. Landowner
retains the right to construct, replace, enlarge, relocate and maintain existing
and additional minor, off-grid structures (as defined below) for agricultural
purposes outside of the Activity Envelopes (such as hay sheds, greenhouses,
machine sheds, loafing sheds, or pump houses), provided it supports the
property's conservation values is consistent with the Property's Management
Plan. Minor, off-grid structures are defined as being unenclosed (i.e., possessing
three or fewer walls), not connected to utility lines, and not having excavated,
raised or slab foundations.
C. Fencing. New or replaced fencing shall be constructed in a manner that is
compatible with the movement of wildlife across the Property and is consistent
with the Property's Management Plan. Any disturbance to the Property that
results from such fence maintenance or construction shall be reseeded within
three months, season permitting, or as otherwise approved by the Trust so as to
prevent the spread of weeds.
•
Corrals, livestock holding pens and other enclosures or exclosures that do
not meet the above guidelines are permitted only within the Activity Envelopes.
Outside of the Activity Envelopes, the Landowner may erect Colorado Parks
and Wildlife approved fencing for agricultural operations. To protect the
integrity of Brush Creek and Cougar Creek's banks, a 100-foot setback will be
required for any additional fencing. Existing fences and structures within this
setback are permitted.
D. Roads and Access Easements. Existing ranch roads on the Property, as
shown on Exhibit B, may be maintained, graded and graveled to support
agricultural use of the Property. Paving of roads, except within the Activity
Area, is prohibited, and Low-Impact two-track dirt vehicle trails may be
established and/or maintained on the Property as necessary for agriculture or
property maintenance. The construction of new roads or granting of access
easements or rights-of-way outside of the Activity Envelopes is prohibited,
except that dirt or gravel roads may be constructed as necessary to access
permitted agricultural and residential buildings and is consistent with the
Property's Management Plan.
E. Trails. The development and use of unimproved footpaths and unimproved
single- or two-track trails (including vehicle trails, not to be considered "roads
for the purpose of this Easement) are permitted in a low-impact manner and
location that minimizes erosion and disturbance to the Property's wildlife and
scenic values for non-motorized recreation, property management and
agricultural purposes that avoid riparian areas and is consistent with the
Property's Management Plan. Recreational courses or tracks for motorized
vehicles are prohibited. The term "unimproved" for this purpose means not
graded, cut, graveled or filled (except in isolated areas as necessary for trail
maintenance), or surfaced with impermeable materials. In some cases,
improved trails, meaning graded, cut, graveled, or filled, may be permitted with
prior approval of the Trust.
F. Recreational Structures and Improvements Outside of the Activity
Envelopes. Temporary and low-impact (defined in Section 21.1 herein)
recreational structures, such as tents, picnic tables, benches, fire pits, and
equestrian obstacles, are permitted in a location and manner not damaging to
the Conservation Values or riparian areas and is consistent with the Property's
Management Plan. Permanent, roofed, or high-impact (defined in Section 21.1)
structures or improvements, such as gazebos, covered or open riding arenas,
and hard-surfaced trails requiring land contouring are prohibited outside of the
Activity Envelopes.
G. Ponds and Agricultural 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 ag
production or wildlife), wetlands, low-impact water storage tanks 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 A&R Easement and
all Applicable Laws. Construction of reservoirs, ponds or water features for
residential or other purposes is restricted to the Activity Envelopes. Soil, sand,
rock and gravel produced during the excavation or construction of permitted
ponds or other water features may be used or relocated on the Property in a
manner consistent with the Purposes of this A&R Easement.
H. Leach Fields. The installation, maintenance, and improvement of leach
fields is permitted on the Property in a manner consistent with the Purposes of
this A&R Conservation Easement and all Applicable Laws. Any disturbance to
the Property that results from such leach field maintenance or construction shall
be reseeded within three months, season permitting, to prevent the spread of
weeds.
I. 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 Activity Envelopes and as permitted by easements or rights-of-way
existing prior to the grant of this A&R Easement, and as follows:
a. Utility 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 low-impact (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.I, Water
Rights, provided that wells and water lines for domestic use shall be located
within the Activity Envelopes if practically possible;
C. Irrigation Structures. Maintenance, repair, improvement and
restoration of existing irrigation infrastructure (such as ditches, laterals,
pipelines, sprinklers, headgates, pumps and pumphouses) 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 only upon approval of the Trust, in support of the Purposes of
this A&R Easement, and in accordance with all said laws and restrictions,
unless permitted by previously existing agreements;
•
• d. Renewable Energy Technology. Low-impact, renewable energy-
generating or storing structures (terms defined in Section 21.1 herein) are
permitted as necessary to facilitate the Purposes of this A&R Easement,
such as roof-mounted solar panels, solar- or wind-powered pumps or solar-
powered electric fences. Commercial production of energy or the
connection of renewable energy-generating structures to the power grid
requires the Trust's prior approval except within the Activity Envelopes.
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, or as
otherwise approved by the Trust.
7.3. Natural Resource Management Land Use. Landowner recognizes the
importance of good resource management and stewardship to preserve and protect the
Conservation Values. Accordingly, Landowner agrees not to alter the topography of the
Property outside of the Activity Envelopes through placement or removal of soil, gravel,
land fill, or other materials nor to impair or disturb the relatively natural habitat for native
plants, wildlife, or ecosystems on the Property, except: (a) as necessary in emergencies
including wildfire, flood and landslide; (b) as approved any required permitting agencies
for habitat enhancement or restoration purposes; (c) is consistent with the Property's
Management Plan; (d) as necessary for improvements described in Section 7.2 above; and
. (e) as necessary for uses described in this Section 7.3, below. No surface alterations may
be made that damage the Conservation Values, including the Property's use for agriculture.
A. Agriculture. Landowner retains the right to conduct agricultural operations
on the Property, and to lease lands with appurtenant Water Rights for
agriculture, in a manner consistent with sound farming and range management
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 (including, without limitation, crops for food, fiber,
biofuel production or carbon sequestration, such as trees, cellulose crops, switch
grass and oil seeds) and all other agricultural activities not inconsistent with
protection of the long-term ecological viability of the land. It is the intention of
this A&R Easement that the Property remain viable for agricultural production
in the future.
The following agricultural practices are considered inconsistent with the
Purposes of this A&R Easement, and are therefore prohibited on the Property:
(1) intensive growth livestock farms, Concentrated Animal Feeding Operations
(referred to as "CAFO's" by the Environmental Protection Agency), or
• commercial feed lots, (defined as confined areas or facilities for animals, within
which the Property is not vegetated or is not grazed or cropped annually, for
purposes of extended feeding and finishing of large numbers of livestock for
• commercial hire); (2) meat or poultry processing facilities except in a manner
consistent with the terms and Purposes of this A&R Easement and approved by
the Property's adopted Management Plan; (3) sawmills or logging operations or
facilities; (4) commercial tree farms, sod farms, nurseries, located outside of the
Activity Envelopes.
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 consistent with the Property's Management Plan.
B. 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 prevent 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. The Trust may require that any activities performed on a large-
scale basis with the potential to temporarily damage the Conservation Values
follow the Property's management plan. Landowner may allow wildfires to
burn on the Property and conduct controlled burns as appropriate to maintaining
long-term ecosystem health.
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. Off-Road Use of Vehicles. Off-road use of motor vehicles is permitted only
as necessary for property maintenance, agriculture, and range management, in a
manner that does not result in rutting, erosion, harassment of wildlife, or
damage to the natural ecosystems or scenic values of the Property and in
emergency situations. Motorized vehicles shall not be parked or stored on the
Property outside of the Activity Envelopes.
E. 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.
F. Trash and Dumping. Landowner shall not dump or permanently accumulate
trash, garbage, or other refuse on the Property, except for agricultural by-
products and compostable matter produced or used on the Property.
•
• G. Mining and Minerals. Mining, 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 A&R
Easement to explore for, extract or 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
A&R Easement grant, but should a third party mineral rights holder require
surface or sub-surface access to minerals on or below the Property, Landowner
agrees to notify the Trust and include Trust as a party to any 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) for 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
negotiations for such Mineral Agreements.
a. Future Non-Surface Mineral Development. In accordance with Section
5.6, Landowner shall notify and obtain the consent of the Trust prior to
engaging in or entering into any permitted non-surface occupancy mineral
development, units, pools, leases, or agreements affecting the Property or
underlying minerals, which documents, leases, and agreements (the
"Mineral Agreement" or "Mineral Agreements") shall be subordinate to this
A&R Easement, shall reference this A&R Easement, and shall incorporate
the restrictions of Section 7.3.G, and summarize the restrictions of this
paragraph. The Trust shall claim no rights to proceeds or royalties from any
permitted mineral development, except that the Trust shall have the right to
charge a fee to cover its time and expenses for reviewing any proposed
Mineral Agreement. Landowner retains sole execution authority for all
permitted Mineral Agreements, excluding surface use agreements, for
which the Trust retains the right to execute together with Landowner,
provided the Trust has been properly notified and has had the opportunity to
review the Mineral Agreement as required herein.
b. Current Mineral Leases and Development. There are no active oil and
gas or other mineral leases or agreements on or affecting the Property at this
time.
H. Water Resources. Landowner shall not divert, dam, pollute, drain, dredge,
• alter, or intentionally destabilize or degrade natural banks, shorelines or riparian
areas of, Brush Creek, Cougar Creek, or other naturally-occurring streams,
springs, ponds or other surface or subsurface water features (whether seasonal,
intermittent or perennial) that may occur on the Property now or in the future
without approval of the Trust and in compliance with the Property's adopted
Management Plan all Applicable Laws. Landowner shall observe a 100 foot
setback from the banks of Brush Creek and Cougar Creek to protect against
degradation of the creeks and their banks. Permitted activities on the Property
that may produce silt, contaminated runoff, or erosion, within this setback must
get prior approval of the Trust, as described in Section 7.3.13. Existing fences
and structures within this setback are permitted.
I. Water Rights. There are no water rights included in or encumbered by this
Easement.
J. 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 A&R Easement and the adopted
Management Plan.
K. 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 are permitted on the Property in a manner
with little to no impact to or on protected Conservation Values, consistent with
the terms and Purposes of this A&R Easement. Motorized recreational use is
prohibited except as incidental to permitted hunting activities, and except for
occasional, private, non-commercial use that does not result in rutting, erosion,
harassment of wildlife, or other damage to the Conservation Values.
Recreational tracks or courses for dirt bikes or motorcycles are prohibited.
Public or commercial firearm shooting ranges are also prohibited.
Nothing permitted by this A&R Easement or approved by the Trust in accordance
with this A&R 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 A&R Easement. Landowner
retains responsibility for obtaining and complying with all necessary permits and
Applicable Laws before engaging in uses or activities permitted under this A&R Easement.
8. PUBLIC ACCESS
Landowner shall ensure that any public access is consistent with Colorado's
recreational use statute C.R.S. § 3341-101 et seq. and provides indemnity to the Trust for
the public's access to and use of the Property.
9. REPRESENTATIONS AND WARRANTIES
Landowner represents and warrants that, after reasonable investigation and to the
best of its knowledge:
9.1. Except for fuels customarily used or transported in connection with
agricultural and construction activities; no substance defined, listed, or otherwise classified
pursuant to any federal, state, or local law or regulation as hazardous, toxic, polluting, or
otherwise or threatening to human health or the environment exists or has been used or
released on the Property;
9.2. There are not now any underground storage tanks located on the Property,
and no underground storage tanks have been removed from the Property in a manner not in
compliance with Applicable Laws;
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 A&R Easement, that any mortgages or liens on the
Property are subordinate to the terms of this A&R Easement, and that Landowner shall
warrant and forever defend the title to the A&R 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 PERNUTTED 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 A&R
Easement, is to afford the Trust an opportunity to update its records and, if approval is
required, to ensure that the activities in question are consistent with the terms and Purposes
of this A&R Easement. Landowner shall notify Trust and seek its approval, according to
Section 11 below, for proposed activities or uses not described herein when there is a
question as to consistency with the terms or Purposes of the A&R 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 A&R Easement. Whenever notice is
required, but not Trust's approval, Landowner shall notify the Trust in writing not less than
30 days in advance of the proposed activity, unless this A&R Easement provides
otherwise.
11. THE TRUST'S APPROVAL
Whenever this A&R 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
isuse not clearly consistent with the terms or Purposes of the A&R 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 Values or be
otherwise inconsistent with the terms and Purposes of this A&R 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 A&R Easement.
12. TRUST'S REMEDIES:ENFORCEMENT
The Trust shall have the right to prevent and correct, or require correction of,
violations of this A&R 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 A&R Easement, damage the Conservation Values, or be otherwise
inconsistent with the Purposes or terms of this A&R Easement.
If the Trust finds what it believes is a violation, or a threat of a violation of this
A&R Easement, the Trust shall notify Landowner of the nature of the alleged violation.
Upon receipt of this notice, Landowner shall immediately discontinue any of its activity or
assist to discontinue any third party's activity that could increase or expand the alleged
violation and shall either: (a) restore the Property within 60 days as is best possible to its
condition prior to the violation, or if immediate restoration is not possible, 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. If a resolution cannot be achieved at
the meeting, the Parties agree to attempt to resolve the dispute pursuant to Section 12.1,
below.
At any time, including if 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 A&R 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-day
mediation period to expire. The Trust may bring an action at law or in equity, ex parte as
necessary, in a court of jurisdiction to enforce the terms of this A&R 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 A&R Easement or injury to the Conservation Values, including damages
for the loss of scenic, aesthetic, or environmental values, and the right to other remedies
• designed to deter bad acts, including restitution of tax benefits or payments for the A&R
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 A&R Easement shall be at the sole discretion of
the Trust, and any forbearance by the Trust to exercise its rights under this A&R Easement
shall not be construed to be a waiver by the Trust of its rights, or of any term(s) of the
A&R Easement, including any subsequent breach of the same or other term(s) of this A&R
Easement. No delay or omission by the Trust in the exercise of any right or remedy shall
impair such right or remedy or be construed as a waiver. The failure of the Trust to
discover a violation or to take immediate legal action shall not bar the Trust from doing so
at any time after the date upon which the violation is discovered.
All reasonable costs incurred by the Trust in enforcing the terms of this A&R
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 A&R Easement, shall be borne by Landowner,
unless Landowner ultimately prevails in a judicial enforcement action, in which cases each
Party shall bear its own costs, unless the Trust is found by a final court of competent
jurisdiction to have acted in bad faith. If Trust prevails in part, then Landowner shall be
responsible for all fees and costs of both parties as set forth above. 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 A&R 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
the receipt of such request, the Parties shall select a trained and impartial mediator,
preferably with experience in real property law and land conservation. If the Parties are
unable to agree on a mediator, or no such experienced mediator is available, then the
Parties shall each select a qualified mediator and those two mediators shall select a
mediator who shall alone mediate the dispute. Mediation shall then proceed in accordance
with the following guidelines:
A. Purpose. The purpose of the mediation is to: (a) promote discussion
between the Parties; (b) help the Parties develop and exchange information
concerning the issues in dispute; and (c) help the Parties develop proposals that
will enable them to arrive at a mutually acceptable resolution. The mediation is
not intended to result in or be interpreted as resulting in any modification or
amendment of the terms, conditions, or restrictions of this A&R Easement;
•
• B. Participation. The mediator may meet with the Parties and their counsel
jointly or ex parte. The Parties agree that they will participate in the mediation
process in good faith and expeditiously, except in cases where the Trust
believes that there is ongoing damage to Conservation Values, in which case the
Trust can suspend its involvement in the mediation to remedy this threat of
ongoing violation. Representatives of the Parties with settlement authority will
attend mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be
confidential and may be disclosed by the mediator only with the consent of the
Parties or their respective counsel. The mediator shall not be subject to
subpoena by any Party in any subsequent litigation;
D. Time Period and Fees. Neither Party shall be obligated to continue the
mediation process beyond a period of 60 days from the date of the initial
meeting with the mediator, nor if the mediator concludes that there is no
reasonable likelihood that continuing mediation will result in a mutually
agreeable resolution. The Parties shall each bear 50%of the mediator's fees.
13. COSTS,LIABILITIES,TAXES,AND ENVIRONMENTAL COMPLIANCE
13.1. Costs, Legal Requirements and Liabilities. 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 make best efforts to keep the Property free of any liens arising out of any
work performed for,materials furnished to, or obligations incurred by Landowner. Nothing
in this A&R 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 A&R Easement;
13.2. Control. Nothing in this A&R 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 them (collectively, the "Trust
Parties") from and against all liabilities, including, without limitation, court awarded third-
party attorneys' fees, arising from or in any way connected with: (a) the injury to or the
• death of any person, or damage to property, occurring on or about or related to the
Property, unless and to the extent such injury, death, or damage was caused 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 A&R Easement, including property taxes and
the sale of income tax credits acquired as a result of this A&R Easement; (e)tax benefits or
consequences of any kind which result or do not result from entering into this A&R
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. §38-41-119 and agrees that the one-year statute of limitation
provided by C.R.S. §3841-119 does not apply to this A&R Easement;
13.5. Acts Beyond Landowner's Control. Nothing contained in this A&R
. Easement shall be construed to entitle the Trust to bring any action against Landowner for
any injury to or change in the Property resulting from causes beyond Landowner's control
or from any prudent action taken 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 A&R Easement against third parties or
Landowner or both for violations of the A&R Easement or damage to the Property.
14. EXTINGUISHMENT AND CONDEMNATION
14.1. Extinguishment. The Parties agree that any changes in the economic
viability of the uses permitted or prohibited by this A&R Easement, or changes to
neighboring land and its use shall not be deemed circumstances or conditions justifying the
termination or extinguishment of the A&R Easement. In addition, the inability of
Landowner, or Landowner's heirs, successors or assigns, to implement any or all of the
uses permitted under this A&R Easement shall not impair the validity of the A&R
Easement, or be considered grounds for termination or extinguishment of this A&R
Easement. Further, this A&R Easement cannot be abandoned, released, terminated,
extinguished, or affected by adverse possession.
If circumstances arise in the future that render the Purposes of this A&R Easement
• impossible to accomplish, the A&R 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 A&R Easement are impossible to accomplish and has explored all
options for importing other Purposes for the A&R Easement. Each Party shall promptly
notify the other when it first learns of such circumstances. The amount of the proceeds to
which the Trust shall be entitled from any sale, exchange, or involuntary conversion of all
or any portion of the Property subsequent to such termination, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with the Proceeds
paragraph below, and such proceeds shall be used by the Trust in a manner consistent with
the conservation Purposes of the Original Easement contribution, as required by §1.170A-
14(g)(6)(i) of Treasury Regulations;
14.2. Condemnation. If all or any part of the Property is taken by condemnation,
or by purchase in lieu of condemnation by any public, corporate, or other authority so as to
terminate the A&R 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 or 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;
14.3. Proceeds. Landowner and the Trust stipulate that as of the date of this A&R
Easement, they are each vested with a real property interest in the Property. The Parties
further stipulate that the Trust's interest in the A&R Easement has a value that shall be
determined by a qualified conservation easement real estate appraisal at the time of
extinguishment, condemnation, or any other event terminating part or all of the A&R
Easement on the property, should any such event occur in the future. This value shall be
represented as a percentage of the fair market value of the Property that is at least equal to
the proportionate value that the A&R Easement bears to the value of the Property as a
whole at the time of the A&R Easement's grant, which percentage shall remain constant in
relation to any future fair market value of the Property. Such percentage shall be used only
for determining the Trust's proportion of proceeds from any payment of damages or action
resulting from circumstances described in the Extinguishment and Condemnation
paragraphs above, and including other events of partial or complete termination of the
A&R Easement. The Parties agree that the value of any improvements to the Property
made by Landowner after the date of this A&R Easement is reserved to Landowner.
15. ASSIGNMENT OF EASEMENT
In the event the Trust is no longer able to carry out its duties and obligations under
this A&R Easement, or if circumstances change so that another similar organization is
better able to carry out such duties and obligations, the Trust may, upon prior notice to
Landowner, elect to transfer the A&R Easement and assign its rights and obligations under
this A&R Easement to a qualified land conservation organization or government entity that
is, at the time of transfer: (a) willing and able to accept the transfer; (b) a qualified
organization under IRC §170(h) (or any successor provision 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 A&R Easement and otherwise assume all of the obligations and
liabilities of the Trust set forth in this A&R Easement. After such transfer, the Trust shall
have no further obligation or liability under this A&R Easement. Should the Trust be
unable to assign the A&R Easement according to this procedure, a court with competent
jurisdiction shall assign the A&R 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 A&R Easement, and to provide a copy of the
A&R Easement and the Baseline Documentation to such party if requested. The
conveyance document shall expressly refer to this A&R 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 A&R Easement, either
before or after closing, and to answer any questions related to this A&R Easement or its
supporting documentation.
In addition, at any time Landowner transfers the Property to a third party,
including all subsequent transfers, that party shall pay %0.05 (one half of one percent) of
sale price 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 A&R Easement. This
ipayment 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.
17. NOTICES
Any communication that either Party is required to give to the other under the terms
of this A&R 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 A&R Easement may be in the form of email or other electronic
communication:
To Landowner: To the Trust:
The City of Aspen Aspen Valley Land Trust
130 South Galena 320 Main Street,Suite 204
Aspen, CO 81611 Carbondale, CO 81623
970-920-5120 970-963-8440
i
• 18. RECORDATION
The Trust shall record this A&R Easement in the official records of Pitkin County,
Colorado and may re-record it at any time as may be required to preserve its rights in this
A&R Easement.
19. AMENDMENT
If circumstances arise under which an amendment to this A&R Easement would be
appropriate to promote the Purposes of the A&R Easement, Landowner and the Trust may
jointly amend this A&R Easement. However, the Trust is under no obligation to amend
this A&R Easement, and may decline any amendment in its sole discretion. Any
amendment shall be consistent with the Purposes of the A&R Easement, and may not
affect the A&R 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 A&R Easement or the status of the Trust under any Applicable Laws,
including C.R.S. §§38-30.5-101 et seq., or IRC §170(h), or § 501(c)(3), or any regulations
promulgated thereunder. No amendment shall be permitted that will confer impermissible
private benefit to Landowner or to any other individual or entity (see Treas. Reg. 1.170A-
14(h)(3)(i)), or that will result in private inurement to a Board member, staff or contract
employee of the Trust (see Treas. Reg. 1.501(c)(3)-l(c)(2)). Amendments may be subject
to a fee set by the Trust according to Trust policies to cover its staff time, legal and other
costs.
20. SUBORDINATION
The Property is not subject to any mortgages or liens.
21. GENERAL PROVISIONS
21.1. Definitions. For the purposes of this Easement, the following words and
phrases are defined as follows:
A. 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", "A&R Easement", "conservation
easement", "Deed of Conservation Easement", and "Deed of Conservation
Easement in gross" refer to this legal document and to the immediately vested
interest in real property defined by Colorado Revised Statutes §§38-30.5-101 et
seq.;
40
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 A&R 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 wetlands, riparian areas or other water
resources);
E. High-Impact. 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. Off-Grid. The term "off-grid" refers to structures or improvements that are
not connected to the local or national power grid, nor to utility transmission
lines, unless such lines are contained within the Activity Envelopes. Instead,
power or water may be provided to such structures by attached, built-in, or
other energy sources or wells located within the Activity Envelopes.
G. 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.
H. Renewable Energy Generating Structures. The term "renewable energy
generating structures" refers to structures used to collect renewable energy
resources that are replaced rapidly by natural processes, such as biomass, hydro,
geothermal, solar or wind.
1. 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.
J. Stock Ponds. Stock ponds,also known as livestock water tanks," are defined
in C.R.S. § 3549-103 and for the purpose of this A&R Easement as including
"all reservoirs created by dams constructed after April 17, 1941, on
watercourses, the channels of which are normally dry as determined by the state
engineer, having a capacity not exceeding ten acre feet and a vertical height not
exceeding fifteen feet from the bottom of the channel to the bottom of the
spillway to be used for stock watering purposes."
21.2. Controlling Law. The interpretation and performance of this A&R
Easement shall be governed by the laws of the State of Colorado;
21.3. Liberal Construction. This A&R Easement shall be liberally construed in
favor of the grant to effect the Purposes of the A&R Easement and the policy and purpose
of C.R.S. §38-30.5-101 et seq. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with ensuring continuation of the Purposes of the
A&R Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid. The common law rules of construction and of
disfavoring restrictions on the use of real property and construing restrictions in favor of
the free and unrestricted use of real property shall not apply to interpretations of this A&R
Easement or to disputes between the Parties concerning the meaning of particular
provisions of this A&R Easement;
21.4. Severability. If any provision or application of any provision of this A&R
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 A&R Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the A&R Easement. This A&R
Easement amends and restates the prior Original Easement in its entirety such that all of
the terms and conditions of this document shall apply to the A&R Easement covering the
Original Easement in its entirety, which Original Easement will have no further force or
effect;
21.6. No Forfeiture. Nothing contained in this A&R Easement will result in a
forfeiture or reversion of Landowner's title in any respect;
21.7. Joint and Several Obligation. The obligations imposed by this A&R
Easement upon Landowner shall be joint and several. If the Property's ownership, now or
in the future, is by a single entity consisting of multiple parties including shareholders,
partners, or members, that entity is required to notify its shareholders, partners, or members
of the entity's and its parties' individual rights and responsibilities, including monetary or
other obligations set forth in this A&R Easement;
21.8. Successors. The covenants, terms, conditions, and, restrictions of this A&R
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 A&R Easement terminate upon transfer of the Party's interest in the A&R
Easement or the Property, except that liability for acts or omissions occurring prior to
transfer shall survive transfer;
21.10. Captions. The captions in this instrument have been inserted solely for
convenience of reference and shall have no effect upon construction or interpretation;
21.11. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all the Parties. Each counterpart
shall be deemed an original instrument as against any Party who has signed it. In the event
of any disparity between the counterparts produced, the recorded counterpart shall be
controlling;
21.12. Merger. Unless the Parties expressly state that they intend a merger of
estates or interests to occur, no merger shall be deemed to have occurred hereunder or
under any document executed in the future affecting this A&R 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 A&R Easement. In addition, this A&R
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 170(F)(8). The Trust acknowledges
receipt and acceptance of this A&R Easement encumbering the Property, for which no
goods or services were provided;
21.14. Authority to Execute. Each Party represents that such Party has full power
and authority to execute and deliver this Amended and Restated Deed of Conservation
Easement; to perform its obligations under this A&R Easement; that the individual
executing this A&R Easement on behalf of said Party is fully empowered and legally
authorized to do so; and that this A&R Easement constitutes a valid, enforceable, and
legally binding obligation of said Party.
IN WITNESS WHEREOF, Landowner and the Trust have executed this Deed of
Conservation Easement as of the date first written above.
(Signatures on following pages)
LANDOWNER:
CITY OF ASPEN,
a Colorado municipality,
By:
_ 7W:-W=
Torre, Mayor
STATE OF COLORADO )
• ) Ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this A- 'day of ,
2021, by Torre, as Mayor of the CITY OF ASPEN,a Colorado Municipality as
Landowner.
WITNESS my hand and official sea .
_7,,,
[SEAL]
NICOLE ELIZABETH HENNING Notary Public
Staotar Public
te of Colorado My commission expires: '�j
Notary ID N 20164012950
M Commission Expires 03.31-2023
c7Ohl ll►! IT38C I.1? 3JC?OM
ist"Ic9 ylfloV
ChG101(+:1 �C ni�it?
UCQ��l;tp;�.n;k fll l/1f.SriL1
1..._f t?x,-•.t. ')1 ft; I�rt r�' •.�,4I1lt
DocuSign Envelope ID:A78B0942-942F-4683-B57C-E8B93IF3206A
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
By:
Suzanne St ens, Execu ve irector
STATE OF COLORADO )
ss.
COUNTY OF_G at,ktIa )
The fore oing instrument was acknowledged before me this o(1 day of
2021, by Suzanne Stephens as Executive Director of ASPEN
VA LEY LAND TRUST,a Colorado nonprofit corporation.
WITNESS my hand and official seal.
[SEA] Rachel frisson `
NOTARY PUBLIC
STATE OF COLORADO Notary Public
NOTARY ID 20084006W8
mycommiss NEXPIRES July 9,2024 My commission expires: G
EXHIBIT A
Legal Description of Property and Activity Envelopes
PROPERTY LEGAL DESCRIPTION
A parcel of land situated in Sections 16 and 21, Township 9 South,.Range 85 West of the
6th P.M. being a portion of the Cozy Point Ranch as described in Book 690 at Page 5 of
the Pitkin County records described as follows:
Beginning at a point on the Westerly boundary of the Dedicated Open Space Parcel of the
Cozy Point Ridge Subdivision recorded in Plat Book 22 at Page 26 of the Pitkin County
records whence the Northwest corner of Section 16 (1913 Brass Cap) bears N 20021'49"W
502.66 feet;
thence N 69023'59" E 674.16 feet to the Northwesterly right of way of Colorado State
Highway No. 82;
thence Southerly along the Westerly right of way of Colorado State Highway No. 82 as
described in Book 157 at Pages 538, 539 & 540 and Book 575 at Page 976 as follows:
S 410 33'37"E 395.21 feet;
591.57 feet along the arc of a curve to the right whose radius is 1,382.50 feet(chord bears
S 290 18'07" E 587.07 feet):
S 170 02'37"E 1,360.80 feet;
130.20 feet along the arc of a curve to the right whose radius is 2,815.00 feet(chord bears
S 150 43'07"E 130.19 feet),
S 14023'37" E 2,435.30 feet;
131.14 feet along an arc of a curve to the left whose radius is 5,780.00 feet(chord bears
S 15002'37" E 131.14 feet
S 15040'45"E 912 .95 feet;
S 74021'W 20.0 feet;
S 02047'W 63.2 feet;
S 15039'E 50. 0 feet;
S 64128'14"E 53.22 feet;
S 150 40'45" E 2,039.41 feet;
S 15041'37"E 2,084.63 feet to the Northerly right of way of Brush Creek County Road;
thence Westerly along the Northerly right of way of Brush Creek County Road as follows:
S 430 43'17" W 116. 15 feet;
S 73032'00"W 145.71 feet;
404.44 feet along an arc of a curve to the left whose radius is 1,005.70 feet(chord bears
S 620 00'46" W 401.72 feet);
thence N 19044'W 38.62 feet to the Southeast corner of Brush Creek Village Subdivision
Filing 2 as Platted;
thence Northerly along the Easterly line of Brush Creek Village Subdivision Filing 2 as
Platted as follows :
N 19044' W 390.00 feet;
N 310 25'W 732.00 feet;
N 240 00'W 1,831.29 feet;
N 64055'W 340.50 feet to the Easterly line of the Elay Parcel described in Book 228 at
Page 599 of the Pitkin County Records;
thence Northerly along the Easterly line of said Elay Parcel as follows
N 25048'20"E 153.17 feet;
370.63 feet along an arc of a curve to the left whose radius is 531.95 feet(chord bears
N 05050'56"E 363.18 feet
197.92 feet along an arc of a curve to the right whose radius is 630.00 Feet (chord beards
N 050 06'40" W 197.11 feet
N 03053'20"E 576.86 feet;
thence N 070 01'32" W 1,942.73 feet to the Westerly line of the Dedicated Open Space
Easement of the Cozy Point Ridge Subdivision;
thence N 20021'49"W 3,989.84 feet along the Easterly line of said Open Space Easement
to the point of beginning.
COUNTY OF PITKIN,STATE OF COLORADO.
•
"ACTIVITY ENVELOPE A"LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTION 21,TOWNSHIP 9 SOUTH, RANGE
85 WEST OF THE 6TH P.M. A PORTION OF THE COZY POINT RANCH AS
DESCRIBED IN BOOK 690 AT PAGE 5 OF THE PITKIN COUNTY RECORDS
DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SECTION 16(1913 BRASS
CAP); THENCE S 20°20'14" E A DISTANCE OF 502.46 FEET TO THE NORTHWEST
CORNER OF COZY POINT RANCH A FOUND REBAR AND CAP LS NO. 16129;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID RANCH S 20021'50" E A
DISTANCE OF 3989.84 FEET TO A FOUND REBAR AND CAP LS NO. 16129;
THENCE CONTINUING ALONG SAID BOUNDARY S 07001'32"E A DISTANCE OF
1942.73 FEET TO A FOUND REBAR AND CAP LS NO. 16129; THENCE LEAVING
SAID BOUNDARY S 05034'47" E A DISTANCE OF 322.18 FEET TO THE POINT OF
BEGINNING;THENCE THE FOLLOWING FORTY(40)COURSES:
1)N 80003'46" E, 786.83 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
SAID COZY POINT RANCH;
2) S 24042'27" E ALONG SAID EASTERLY BOUNDARY,247.49 FEET;
3)LEAVING SAID EASTERLY BOUNDARY S 28°04'45" W, 47.09 FEET;
4) S 16013'04" W,48.58 FEET;
5) S 19030'27" E, 67.39 FEET;
6) S 70009'00" W, 38.00 FEET;
7) S 26016'23" W, 28.41 FEET;
8) S 14003'33" E, 43.53 FEET;
9) S 26018'27" W, 64.21 FEET;
10) S 38°57'50" W, 59.99 FEET;
11) S 28052'26" E, 58.93 FEET;
12) S 39008'17" W, 25.16 FEET;
13) S 20059'37" E, 7.44 FEET;
14) S 14040'53" W, 48.06 FEET;
15) S 06027'17" E, 52.11 FEET;
16) S 19025'46" E, 26.43 FEET;
17)N 86010'08" E, 54.19 FEET;
18)N 10034'57" W, 83.57 FEET;
19)N 77020'58" E, 105.22 FEET;
20) S 07040'55" E, 99.22 FEET;
21) S 86°00'29" W, 41.90 FEET;
22) S 02033'07" E, 26.29 FEET;
23) S 85°54'36" W, 117.65 FEET;
24) S 06030'48" E, 113.87 FEET;
25) 20.18 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 29.73
FEET AND A CENTRAL ANGLE OF 38054'13" (CHORD BEARS S 12056'19" W,
• 19.80);
26) 39.39 FEET ALONG A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 56.36 FEET AND A CENTRAL ANGLE OF 40°03'09" (CHORD BEARS
S 52°24'59" W, 38.60);
27) 30.63 FEET ALONG A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 179.86 FEET AND A
CENTRAL ANGLE OF 09045-28" (CHORD BEARS S 77°19'17" W, 30.59);
28) S 61°52'20" W, 21.12 FEET;
29) S 70°26'49" W, 20.87 FEET;
30) S 22027'26" W, 31.04 FEET;
31) S 07.31'18" E, 122.40 FEET;
32) S 81010'39" W, 308.42 FEET;
33) S 73013'12" W, 183.32 FEET;
34)N 61°23'43" W, 25.84 FEET;
35)N 15041'10" W, 438.02 FEET;
36)N 61052139" W, 42.33 FEET;
37)N 72057'52" W, 17.14 FEET;
38) 187.96 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 584.95 FEET AND A
CENTRAL ANGLE OF 18024'40" (CHORD BEARS N 04054'21" W, 187.16);
39) 181.27 FEET ALONG A REVERSE CURVE TO THE RIGHT HAVING A RADIUS
OF 577.00 FEET AND A CENTRAL ANGLE OF 18000'01" (CHORD BEARS N
05°06'40" W, 180.53);
40)N 03053'20" E, 259.07 FEET TO THE POINT OF BEGINNING SAID PARCEL OF
LAND CONTAINING 829,569 SQUARE FEET OR 19.044 ACRES,MORE OR LESS.
•
• "ACTIVITY ENVELOPE B"LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTIONS 16 AND 21,TOWNSHIP 9 SOUTH,
RANGE 85 WEST OF THE 6TH P.M., SNOWMASS VILLAGE,COUNTY OF PITKIN,
STATE OF COLORADO.A PORTION OF THE COZY POINT RANCH AS
DESCRIBED IN BOOK 690 AT PAGE 5 OF THE PITKIN COUNTY RECORDS
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 16(1913 BRASS
CAP);THENCE S 20°20'14" E A DISTANCE OF 502.46 FEET TO THE NORTHWEST
CORNER OF COZY POINT RANCH A FOUND REBAR AND CAP LS NO. 16129;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID RANCH S 20021'50"E A
DISTANCE OF 3989.84 FEET TO A FOUND REBAR AND CAP LS NO. 16129;
THENCE LEAVING SAID BOUNDARY S 22008'39" E A DISTANCE OF 837.22 FEET
TO THE POINT OF BEGINNING;THENCE THE FOLLOWING TWENTY-SEVEN
(27) COURSES:
1) S 67021'43" E, 160.72 FEET;
2) S 71045'18" E, 87.84 FEET;
3) S 02032'49" W, 163.02 FEET;
4) S 09°50'37" W, 51.31 FEET;
5) S 73053'59" E, 67.82 FEET;
6) S 11038'39" E, 83.01 FEET;
7) S 36033'44" W, 89.57 FEET;
8) S 40°28'32" W, 66.02 FEET;
9) S 660 18'19" W, 86.11 FEET;
10) S 55005'04" W, 26.76 FEET;
11)N 77009'45" W, 71.02 FEET;
12)N 23039'12" W, 27.76 FEET;
13)N 12051'32" E, 50.77 FEET;
14)N 63050'49" E, 36.16 FEET;
15)N 04037'02" W, 35.94 FEET;
16)N 32-31'28" E, 31.93 FEET;
17)N 19047'20" E, 31.49 FEET;
18)N 16008'47" E, 42.89 FEET;
19)N 23-06'16" E, 52.02 FEET;
20) S 88020'50" E, 61.14 FEET;
21)N 090 10'26" E, 13.80 FEET;
22)N 10052'54" W, 49.83 FEET;
23)N 24016'03" W, 35.72 FEET;
24)N 72029'55" W, 63.78 FEET;
25)N 69.15'19" W, 116.40 FEET;
26)N 38038'29" W, 34.61 FEET;
27)N 16010'01" E, 110.48 FEET TO THE POINT OF BEGINNING.
SAID ENVELOPE CONTAINING 86,030 SQUARE FEET OR 1.975 ACRES,MORE
OR LESS.
• EXHIBIT B
Map of Property
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000
Legend
QCozy Point Ranch yam. Creek Activity Envelope EXHIBIT B
® (19 acres) PROPERTY
Roaring Activity Envelope B MAP
• Pitkin County Parcels "Fork River ® (2 acres)
I '
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11
EXHIBIT OF:
ACTIVITY ENVELOPE A
SECTION 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6TH P.M.,
SNOWMASS VILLAGE,COUNTY OF PITKIN,STATE OF COLORADO.
SHEET 1 OF 2
ACTIVITY ENVELOPE A IS SITUATED IN SECTION 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6TH P.M.BEING A
PORTION OF THE COZY POINT RANCH AS DESCRIBED IN BOOK 690 AT PAGE 5 OF THE PITKIN COUNTY RECORDS DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 16(1913 BRASS CAP);THENCE S 20'20'14"E A DISTANCE OF
502.46 FEET TO THE NORTHWEST CORNER OF COZY POINT RANCH A FOUND REBAR AND CAP LS NO.16129;THENCE
ALONG THE WESTERLY BOUNDARY OF SAID RANCH S 20'21'50"E A DISTANCE OF 3989.84 FEET TO A FOUND REBAR AND
CAP LS NO.16129;THENCE CONTINUING ALONG SAID BOUNDARY S 07'01'32"E A DISTANCE OF 1942.73 FEET TO A FOUND
REBAR AND CAP LS NO.16129;THENCE LEAVING SAID BOUNDARY S 05'34'47"E A DISTANCE OF 322.18 FEET TO THE POINT
OF BEGINNING;THENCE THE FOLLOWING FORTY(40)COURSES:
1) N 80'03'46"E,786.83 FEET TO A POINT ON THE 52'24'59"W,38.60);
EASTERLY BOUNDARY OF SAID COZY POINT RANCH; 27) 30.63 FEET ALONG A COMPOUND CURVE TO THE
2) S 24-42-27"E ALONG SAID EASTERLY BOUNDARY, RIGHT HAVING A RADIUS OF 179.86 FEET AND A
247.49 FEET; CENTRAL ANGLE OF 09'45'28"(CHORD BEARS S
3) LEAVING SAID EASTERLY BOUNDARY S 28'04'45"W, 77'19'17"W,30.59);
47.09 FEET, 28) S 61'52'20"W,21.12 FEET,
4) 516'13'04"W,48.58 FEET; 29) S 70'2649"W,20.87 FEET,
5) S 19'30'27"E,67.39 FEET; 30) S 22'27'26"W,31.04 FEET,
6) S 70'09'00"W,38.00 FEET; 31) S 07'31'18"E,122.40 FEET;
7) S 26'16'23"W,28.41 FEET; 32) S 81'10'39"W,308.42 FEET;
8) S 14'03'33"E,43.53 FEET, 33) S 73'13'12"W,183.32 FEET;
9) S 26'18'27"W,64.21 FEET; 34) N 61'2343"W,25.84 FEET,
10) S 38-57-50"W,59.99 FEET; 35) N 15'41'10"W,438.02 FEET,
11) S 28-52-26"E,58.93 FEET; 36) N 61-52-39"W,42.33 FEET;
12) S 39'08'17"W,25.16 FEET; 37) N 72'57'52"W,17.14 FEET;
13) S 20'59'37"E,7.44 FEET, 38) 187.96 FEET ALONG A NON-TANGENT CURVE TO THE
14) S 14-40-53"W,48.06 FEET; LEFT HAVING A RADIUS OF 584.95 FEET AND A
15) S 06-27-17"E,52.11 FEET; CENTRAL ANGLE OF 18'24'40"(CHORD BEARS N
16) S 19'25'46"E,26.43 FEET; 04'54'21"W,187.16);
17) N 86'10'08"E,54.19 FEET, 39) 181.27 FEET ALONG A REVERSE CURVE TO THE RIGHT
18) N 10'34'57"W,83.57 FEET; HAVING A RADIUS OF 577.00 FEET AND A CENTRAL
19) N 77'20'58"E,105.22 FEET; ANGLE OF 18'00'01"(CHORD BEARS N 05'06'40"W,
20) S 07'40'55"E,99.22 FEET, 180.53);
21) S 86'00'29"W,41.90 FEET, 40) N 03'53'20"E,259.07 FEET TO THE POINT OF
22) S 02'33'07"E,26.29 FEET, BEGINNING
23) S 85'54'36"W,117.65 FEET;
24) S 06'30'48"E,113.87 FEET; SAID PARCEL OF LAND CONTAINING 829,569 SQUARE
25) 20.18 FEET ALONG A CURVE TO THE RIGHT HAVING A FEET OR 19.044 ACRES,MORE OR LESS.
RADIUS OF 29.73 FEET AND A CENTRAL ANGLE OF
38'54'13"(CHORD BEARS S 12-56-19"W,19.80);
26) 39.39 FEET ALONG A COMPOUND CURVE TO THE
RIGHT HAVING A RADIUS OF 56.36 FEETAND A
CENTRAL ANGLE OF 40'03'09"(CHORD BEARS S Pp0 ZE G/S f�
p�5•BF�%f , 'Pc�
5�
NOTICE:ACCORDING TO COLORADO LAW YOU MUST ,,
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING-LLC
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY CIVIL CONSULTANTS
ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 sb 30172 12/9/2020
DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG@SOPRISENG.COM 30172 EXHIB EXCEPT TO_CONSERV_ESMT.dwg
36
EXHIBIT OF:
POINT COMMENCEMENT ACTIVITY ENVELOPE A
NW CORNER SEC 16 2.5" QO ftE G/5l
DIA 1913 GLO BRASS CAP SECTION 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6T N�
SNOWMASS VILLAGE,COUNTY OF PITKIN,STATE OF COLOR m
VAN
SHEET2OF2 p Parcel Curve Table
Curve q Length Radius Tangent Delta Chord Direction Chord
tCES 20.18' 29.73' 10.50' 38'54'13" S32'56'19"W 19.80' T��L •�`r�
CE2 39.39' 56.36' 20.54' 40'03'09" S52'24'59"W 38.60'
CE3 30.63' 179.86' 15.35' 9.45'28" S77.19'17"W 30.59' Parcel Line Table
REBAR i.0') CE4 187.96' 584.95' 94.80' 18'24'40" N4'54'21"W 187.16'
AND CAP w� Line M Direction Length
LS NO. p S. CE5 181.27' 577.00' 91.39' 38'00'01" N5'06'40"W 180.53' LEl S28'04'45"W 47.09'
16129 �^
LE2 S16'13'04"W 48.58'
LE3 519'30'27"E 67.39'
• �;'Voi _ !*'�� LE4 S70'09'00"W 38.00'
LE5 S26'16'23"W 28.41'
". LE6 514'03'33"E 43.53'
C►P LS o o s+w �'• LE7 S26'18'27"W 64.21'
LE8 S38'57'50"W 59.99'
NG
"E g3` s�: LE9 S28'52'26"E 58.93'
LE10 S39.08'17"W 25.16'
LEll S20'S9'37"E 7.44'
' LE12 514'40'53"W 48.06'
LE13 S6'27'17"E 52.11'
LES LE14 S19'25'46"E 26.43'
•♦ ;lt ...i!t LE6
LEIS N86'10'08"E 54.19'
`T r" LE16 N10'34'57"W 83.57'
o' LE9 `
'LE10 LE17 N77'20'58"E 105.22'
y't LE18 S7'40'55"E 9912'
1
82 LE19 S86'00'29"W 41.90'
LE20 S2'33'07"E 26.29'
LE21 585'54'36"W 117.65'
f LE22 S6'30'48"E 113.87'
3 LE23 S61'52'20"W 21.12'
♦ Y ` LE24 S70'26'49"W 20.87'
LE2 i 4
LE25 S22.27'26"W 31.04'
r
f ;, !s.'`� "''+''•'`` LE26 S7'31'18"E 122.40'
LE27 573'13'12"W 183.32'
NOTICE:ACCORDING TO COLORADO LAW YOU MUST 1E28 N61'23'43"W 25.84'
COMMENCE ANY LEGALACTION BASED UPON ANY SOPRIS ENGINEERING-LLC LE29 N61'52'39"W 42.33'
DEFECT IN THIS SURVEYWITHIN THREE YEARS AFTER CIVIL CONSULTANTS
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY LE30 N72'S7'S2"W 17.14'
ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 sb 30172 12/9/2020
DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG@SOPRISENG.COM
30172_EXHIB_EXCEPT TO CONSERV_ESMT.dwg
37
EXHIBIT OF:
ACTIVITY ENVELOPE B
SECTIONS 16 AND 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6TH P.M.,
SNOWMASS VILLAGE,COUNTY OF PITKIN,STATE OF COLORADO.
SHEET 1 OF 2
ACTIVITY ENVELOPE B IS SITUATED IN SECTIONS 16 AND 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6TH P.M.BEING
A PORTION OF THE COZY POINT RANCH AS DESCRIBED IN BOOK 690 AT PAGE 5 OF THE PITKIN COUNTY RECORDS
DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SECTION 16(1913 BRASS CAP);THENCE S 20'20'14"E A DISTANCE OF
502.46 FEET TO THE NORTHWEST CORNER OF COZY POINT RANCH A FOUND REBAR AND CAP LS NO.16129;THENCE
ALONG THE WESTERLY BOUNDARY OF SAID RANCH S 20'21'50"E A DISTANCE OF 3989.84 FEET TO A FOUND REBAR AND
CAP LS NO.16129;THENCE LEAVING SAID BOUNDARY S 22.08'39"E A DISTANCE OF 837.22 FEET TO THE POINT OF
BEGINNING;THENCE THE FOLLOWING TWENTY-SEVEN(27)COURSES:
1) S 67'21'43"E,160.72 FEET;
2) S 71'45'18"E,87.84 FEET;
3) S 02'32'49"W,163.02 FEET;
4) S 09'50'37"W,51.31 FEET;
5) S 73'53'59"E,67.82 FEET;
6) S 11'38'39"E,83.01 FEET;
7) S 36'33'44"W,89.57 FEET;
8) S 40'28'32"W,66.02 FEET;
9) S 66'18'19"W,86.11 FEET;
10) S 55-05-04"W,26.76 FEET;
11) N 77'09'45"W,71.02 FEET;
12) N 23'39'12"W,27.76 FEET;
13) N 12'Si'32"E,50.77 FEET,
14) N 63'50'49"E,36.16 FEET,
15) N 04'37'02"W,35.94 FEET;
16) N 32'31'28"E,31.93 FEET,
17) N 19'47'20"E,31.49 FEET;
18) N 16'08'47"E,42.89 FEET,
19) N 23-06-16"E,52.02 FEET;
20) S 88'20'50"E,61.14 FEET;
21) N 09-10-26"E,13.80 FEET,
22) N 10-52-54"W,49.83 FEET;
23) N 24'16'03"W,35.72 FEET;
24) N 72'29'55"W,63.78 FEET,
25) N 69'15'19"W,116.40 FEET;
26) N 38'38'29"W,34.61 FEET,
27) N 16'10'01"E,110.48 FEET TO THE POINT OF BEGINNING.
SAID EXCEPTION CONTAINING 86,030 SQUARE FEET OR 1.975 ACRES,MORE OR LESS.
��Qq itEG/57��
C
6
NOTICE:ACCORDING TO COLORADO LAW YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING LLC
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY CIVIL CONSULTANTS
ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 502 MAIN STREET,SUITE A3
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 sb 30172 12/9/2020
DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG@SOPRISENG.COM
30172_EXNIB_EXCEPT_TO CONSERV ESMT.dwg
38
• POINT OF EXHIBIT OF:
COMMENCEMENT ACTIVITY ENVELOPE B
NW CORNER SEC 16
2.5"DIA 1913 GLO SECTIONS 16 AND 21,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE 6TH P.M.,
BRASS CAP SNOWMASS VILLAGE,COUNTY OF PITKIN,STATE OF COLORADO.
SHEET 2 OF 2
0
REBAR AND CAP
LS NO.16129
s _ .
R` U `S
6
REBAR AND CAP
LS NO.16129
z
• 1
,411Y
J
9
' h N
r 3.' � y
536'"3 T� I
SCALE
NOTICE:ACCORDING TO COLORADO LAW YOU MUST
COMMENCE ANY LEGAL ACTION BASED UPON ANY SOPRIS ENGINEERING -LLC
DEFECTINT HIS SURVEY WITHIN THREE YEARS AFTER CIVIL CONSULTANTS
YOU FIRST DISCOVER SUCH DEFECT. IN EVENT MAY 502 MAIN STREET,SUITE A3
ANY ACTION BASED UPON ANY DEFECT IN IN THIS SURVEY
BE COMMENCED MORE THAN TEN YEARS FROM THE CARBONDALE,COLORADO 81623 sb 30172 12/9/2020
DATE OF CERTIFICATION SHOWN HEREON. (970)704-0311 SOPRISENG@SOPRISENG.COM 30172_EXHIB EXCEPT TO_CONSERV_ESMT.dwg
39