HomeMy WebLinkAbout14_CONSERVATION_EASEMENT_INSTRUMENTS14.1Conservation Easement Instruments
conservation easement instruments
section
14
14.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Introduction
In the preannexation agreement, the City and
Bar/X Ranch agreed on mutual conservation
easements to protect the majority of the acre-
age of both the Bar/X Ranch and the Burlingame
Ranch. This Section 14 contains the instruments
that will effectuate the Bar/X Ranch easements.
The following Section 15 contains the baseline
conservation study on which these easements
are referenced.
These are not, however, the first conservation
easements to be placed on the ranch. In the 1980s
Joe Zoline placed four easements on portions of
the meadow running south from Stage Road to-
wards State Highway 82. The plansheet opposite
shows the boundaries of these four easements,
and the full text of them (including a Pitkin County
ordinance addressing errors in the original record-
ing of two of these easements) is included here in
the appendices commencing on page 14.45.
These four conservation easements were among
the first in Colorado. They are not being replaced
by the new agricultural conservation easement,
which is more restrictive, and they will be left in
place, overlaid by the new easement.
Index
Agricultural Lands
Conservation Easement................................14.5
Maroon Creek Canyon
Conservation Easement .............................14.25
14.3Conservation Easement InstrumentsCONSERVATION
EASEMENT
#4CONSERVATION
EASEMENT
#3CONSERVATION
EASEMENT
#2CONSERVATION
EASEMENT
#1
Jebby’s Rock
Existing Harvey Road
Road
Existing Ranch
Fathering Parcel
Lot 3 6.0 acres
Lot 6 17.1 acres
Lot 5 9.6 acres
Lot 4 9.5 acres
7845783578307840782078
2
5
7830
781578207840783578357835784078307840783
57835783078257840
78257830 7845Existing Conservation Easements; see appendices, page 14.45
14.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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14.5Conservation Easement Instruments
1
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Herbert S. Klein, Esq.
Herbert S. Klein & Associates, P.C.
201 North Mill Street, Suite 203
Aspen, Colorado 81611
AGRICULTURAL LANDS CONSERVATION EASEMENT
THIS AGRICULTURAL LANDS CONSERVATION EASEMENT is granted this _____ day
of _______________, 2004, by Bar/X LLC, a Colorado Limited Liability Company, whose
address is C/O Gary Finkel, Gumbiner Savett, Inc.,1723 Cloverfield Blvd, Santa Monica,
CA 90404 ("Grantor"), to the City of Aspen, a Colorado home rule municipal corporation,
whose address is 130 South Galena Street, Aspen, Colorado 81611 ("Grantee), for the
purpose of forever conserving the open space character, scenic qualities and agricultural
productivity of the subject property.
RECITALS:
A Grantor is the sole owner in fee simple of the real property (the "Property") legally
described in Exhibit A attached to and made a part of this Easement and depicted on
Exhibit B attached hereto which consists of _____ acres of land, located in Pitkin County,
State of Colorado.
B The Property possesses agricultural, recreational, equestrian, natural, scenic and open
space values (collectively, the "Conservation Values") of great importance to Grantor, the
people of Pitkin County, Colorado, and the people of the State of Colorado which are
worthy of protection.
C The specific Conservation Values of the Property are documented in a study titled:
Bar/X Ranch: Documentation of Present Conditions, prepared by Land Stewardship
Consulting, Inc. of Boulder, Colorado, November 2003, which is intended to serve as an
objective information baseline for monitoring compliance with the terms of this easement. A
copy of said study is attached hereto at Exhibit C. This Agricultural Lands Conservation
Easement refers specifically to the conservation values of the irrigated meadows of the
Bar/X Ranch and not to the conservation values attached to Maroon Creek Canyon, as
described in the above report, which are the subj ect of a separate conservation easement.
D Grantor intends to make Grantee a beneficiary of the restrictions, terms and conditions
this Easement for the exclusive purpose of assuring that the Conservation Values of the
Property will be conserved and maintained and that uses of the Property that are
14.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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inconsistent with the Conservation Values will be prevented or corrected.
E Grantor further intends, as owner of the Property, to grant Grantee, subject to the
provisions of this Easement, the right to preserve and protect the Conservation Values of
the Property in perpetuity.
F Grantee 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 and for future generations.
G This Easement is executed in connection with the creation of the Stage Road
Subdivision/ PUD, as described on that certain plat map recorded in Book ___, Page ____,
Reception No. ________, of the real property records of Pitkin County, Colorado. According
to the terms of the Pre-annexation Agreement, between Grantor and the City of Aspen
(“City”), this Easement is being granted as a condition of a developmental approval.
NOW, THEREFORE, for the reasons given, and in consideration of the mutual promises
and covenants contained herein, Grantor voluntarily grants and conveys to Grantee, and
Grantee voluntarily accepts, a perpetual Conservation Easement in gross, an immediately
vested interest in real property defined by Colorado Revised Statutes Section 38-30.5-101,
et seq., of the nature and character and to the extent hereinafter set forth (the
"Easement").
1 Purpose
The purpose of this Easement is to preserve and protect in perpetuity the Conservation
Values of the Property and to prevent any use of the Property that will materially impair or
interfere with those Conservation Values. It is also the purpose of this Easement to permit
other uses of the Property, which uses are described herein, that are consistent with the
foregoing goals.
2 Rights of Grantee
To accomplish the purpose of this Easement, the following rights are hereby conveyed to
Grantee by this Easement:
2.1 Protection of Conservation Values
To preserve and protect the Conservation Values of the Property.
2.2 Compliance Monitoring
To enter upon the Property at reasonable times, after first giving Grantor not less
than seventy-two (72) hours advance notice, in order to monitor Grantor's compliance with
and otherwise enforce the terms of this Easement; provided that, except in cases where
Grantee determines that immediate entry is required to prevent, terminate, or mitigate a
violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and
Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the
Property.
14.7Conservation Easement Instruments
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2.3 Prevention of Inconsistent Use
To prevent any activity on or use of the Property that is inconsistent with the purpose
of this Easement and to require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use.
3 Prohibited Uses
Any activity or use of the Property that is inconsistent with the purpose of this Easement is
expressly prohibited. Without limiting the generality of the foregoing, Grantor and Grantee
hereby acknowledge and agree that the following activities and uses are expressly
prohibited:
.
3.1 Construction of Buildings and Other Structures
The construction or reconstruction of any building or other structure, which is not
associated with the uses permitted on the Property is prohibited, except if such
buildings or structures are existing on the date of this Easement.
3.2 Timber Harvesting
Except in the course of ordinary ranching activities or with respect to a tree farm or
nursery, commercial timber harvesting on the Property shall be prohibited. In
addition, trees may be cut to control insects and disease, to control invasive
non-native species, and to prevent personal injury and property damage. Dead trees
may also be cut for firewood and other uses on the Property. Tree thinning activities
may take place to enhance views from authorized building areas, to maintain the
character and nature of the habitat, and to preserve its value as winter range for
deer, elk and other wildlife.
3.3 Mining
The commercial mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel,
or any other mineral substance is prohibited. Nothing herein shall prohibit excavation
or extraction activities associated with ranching or the development of the Stage
Road Subdivision/ PUD, including, without limitation, construction of roads within the
Stage Road Subdivision/ PUD, ditches, utility installations or septic systems.
3.4 Trash
The dumping or uncontained accumulation of any kind of trash or refuse on the
Property is prohibited.
3.5 Water Rights
Except as may be required for the development of the Stage Road Subdivision/
PUD, including, without limitation, creation of a potable water supply and
construction of ponds, Grantor shall not sell, transfer, lease, encumber or otherwise
separate water rights which have been historically used to maintain the agricultural
productivity, open space, wildlife habitat, and scenic qualities of the Property, from
title to the Property itself.
14.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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3.6 Commercial or Industrial Activity
No non-agricultural commercial or industrial uses shall be allowed on the Property,
other than normal ranching activities. Notwithstanding the foregoing, subject to
paragraph 4.3,special events, picnics, rodeo’s, equestrian activities, educational or
cultural activities and similar uses may be undertaken on the Property for charitable
purposes or for profit.
3.7 Hazardous Materials
The storage, dumping, or other disposal of toxic and/or hazardous materials on the
Property is prohibited. For the purpose of this paragraph, hazardous or toxic
substances shall mean any hazardous or toxic substance which is regulated under
any federal, state, or local law, excluding, however, fertilizers, herbicides and
insecticides necessary for agricultural operations, weed control and dust control.
3.8 Paving and Road and Trail Construction
With the exception of the portions of the Property located within existing building
areas, and roads existing at the time this Easement is recorded or roads, trails and
driveways necessary for the development of the Stage Road Subdivision/PUD, no
portion of the Property shall be paved or otherwise covered with concrete, asphalt,
or any other paving material, without the advance written permission of Grantee.
Grantee shall give such permission within fifteen (15) days of a request therefore
unless Grantee determines that the proposed paving or covering of the soil will
substantially diminish or impair the Conservation Values of the Property or is
otherwise inconsistent with this Easement, and such permission shall not be
unreasonably withheld. The failure of Grantee to respond within the fifteen day
period shall be deemed an approval. Nothing herein shall limit Grantor’s right to
maintain and repair existing roads, and to relocate said roads if they are damaged
from the effects of erosion or other natural causes.
4 Reserved Rights and Permitted Uses
Grantor retains the right to perform any act and conduct any uses not specifically prohibited
or limited by this Easement (“Permitted Uses.”). Grantor reserves to itself and to its
administrators, successors, and assigns, all rights accruing from its ownership of the
Property, including the right to engage in, or permit or invite others to engage in, all uses of
the Property that are not expressly prohibited herein and are not materially detrimental to
the conservation values and the purpose of this Easement. Grantor retains the right to
privacy and the right to exclude any member of the public from trespassing on the Property.
Without limiting the generality of the foregoing, and subject to the terms of Paragraph 3, the
following rights are expressly reserved:
4.1 Residential Uses and Utilities
The Grantor may construct, improve, alter, maintain and repair or replace any
residential buildings, necessary to the agricultural operation of the Property, such as,
without limitation a bunkhouse and other residential structures, provided they are
occupied by employees who work in agricultural endeavors on the Property and may
14.9Conservation Easement Instruments
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also create residential building envelopes and enjoy residential uses for free market
development if approved as an Alternative Plan as referred to in paragraph 4.5
below. Grantor shall also have the right to construct and maintain utilities which
serve the improvements and uses located or to be located on the Property and/or
the Stage Road Subdivision/PUD.
4.2 Fences
Grantor may repair, replace, move, or remove existing fences and gates, and new
fences and gates may be built for purposes of reasonable and customary ranching
uses, including management of livestock and wildlife. Grantor may install gates at
various locations in new or existing fences. Gates and fences may incorporate the
use of cattle guards as and where deemed necessary by Grantor.
4.3 Recreational Use
Grantor may engage in and permit others to engage in recreational uses of the
Property, including, without limitation, equestrian activities and other non-motorized
recreational activities.
4.4 Agricultural Use
To engage in any and all agricultural uses of the Property in accordance with sound,
generally accepted agricultural and ranching practices. For the purposes of this
Easement, "agricultural uses" shall include the uses defined below and the
construction of any structures and improvements associated with said uses, which
are defined as: transporting, breeding, raising, pasturing, and grazing livestock of
every nature and description; equestrian activities of all kinds; breeding and raising
bees, fish, poultry, and other fowl; planting, raising, harvesting, and producing
agricultural, aquacultural, horticultural, and forestry crops and products of every
nature and description; and the primary processing, storage, and sale, including
direct retail sale to the public, of crops and products harvested and produced
principally on the Property. Livestock shall include, without limitation, the animals
included in the definition of Livestock found at C.R.S. 35-1-102 in effect on the date
of recording this Easement.
4.5 Alternative Development Plan
Grantor shall have the right, at any time before the sale of an individual lot in the
Stage Road Subdivision/PUD, to amend the approved free market development plan
in a manner which reduces the number of free market lots from the number
approved in the Plat, with a lot configuration that may, but does not have to, include
a fathering parcel of a different size than that approved in the Plat (the “Alternative
Plan”). This Easement is subject to building envelopes and residential uses for
residential development that may be placed within its boundaries in order to
accommodate the reconfiguration of lots involved in any Alternative Plan.
4.6 Conservation Practices
The Property shall be managed in accordance with good conservation practices to
14.10 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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prevent the following: (i) soil erosion; (ii) noxious weeds to the extent reasonably
possible; and (iii) overgrazing by livestock. Grantor and Grantee may consult with a
qualified professional mutually agreed on who will provide written suggestions
regarding good conservation practices for erosion control, weed control and grazing
management.
5 Notice of Intention to Undertake Certain Permitted Actions
If any activities referred to in this Easement require Grantor to notify Grantee prior to
undertaking them, such notice is intended to afford Grantee an adequate opportunity to
monitor the activities in question to ensure that they are designed and carried out in a
manner that is not inconsistent with the purpose of this Easement. Whenever notice is
required Grantor shall notify Grantee in writing not less than fifteen (15) days prior to the
date Grantor intends to undertake the activity in question. The notice shall describe the
nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the purpose of this Easement.
5.1 Grantee's Approval
Where Grantee's approval is required, Grantee shall grant or withhold its approval in
writing within fifteen (15) days of receipt of Grantor's written request therefor.
Grantee's approval may be withheld only upon a reasonable determination by
Grantee that the action as proposed would be inconsistent with the purpose of this
Easement.
5.2 City Approval
In the event that Grantee assigns its rights in this Easement as permitted by
paragraph 16 below, City’s consent shall be required for any amendment to this
Easement which changes the allowed use of the areas within this Easement. City is
intended to be a beneficiary of this Easement in order to exercise such rights. City
shall not have the right to assign this right of consent to such amendment and any
such assignment shall be null and void.
6 Enforcement
Grantee shall have the right to prevent and correct or require correction of violations of the
terms and purposes of this Easement. Subject to paragraph 2.2, Grantee may enter the
Property for the purpose of inspecting for violations.
6.1 Notice of Violation; Corrective Action
If Grantee finds what it believes is a violation, Grantee shall immediately notify
Grantor in writing of the nature of the alleged violation. Upon receipt of this written
notice, Grantor shall either (a) restore the Property to its condition prior to the
violation or (b) provide a written explanation to Grantee of the reason why the
alleged violation should be permitted. If the condition described in (b) above occurs,
both parties agree to meet either in person, by telephone or through their authorized
representatives, within fifteen (15) days of said notice to resolve this difference. If a
14.11Conservation Easement Instruments
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resolution of this difference cannot be achieved at the meeting, both parties agree to
meet with a mutually acceptable mediator to attempt to resolve the dispute within
fifteen (15) days after the meeting described in the previous sentence. When, in
Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or
impair the Conservation Values of the Property, Grantee may, at its discretion, take
appropriate legal action. Grantor shall discontinue any activity which could increase
or expand the alleged violation during the mediation process. Should mediation fail
to resolve the dispute, Grantee may, at its discretion, take appropriate legal action. If
a court with jurisdiction determines that a violation is imminent, exists, or has
occurred, Grantee may get an injunction to stop it, temporarily or permanently. A
court may also issue an injunction to require Grantor to restore the Property to its
condition prior to the violation.
6.2 Attorney Fees
In any litigation to enforce the terms of this Easement, the court shall determine who
is the prevailing party and shall award such party its reasonable costs and attorney
fees incurred in such litigation, in addition to any other relief granted by the court..
6.3 Emergency Enforcement
If Grantee, reasonably determines that circumstances require immediate action to
prevent or mitigate significant damage to the Conservation Values of the Property,
Grantee may pursue its remedies under this Paragraph 6 without prior notice to
Grantor or without waiting for the period provided for cure to expire.
6.4 Grantee's Discretion
Enforcement of the terms of this Easement shall be at the discretion of Grantee, and
any forbearance by Grantee to exercise its rights under this Easement in the event
of any breach of any term of this Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of
the same or any other term of this Easement or of any of Grantee's rights under this
Easement. No delay or omission by Grantee in the exercise of any right or remedy
upon any breach by Grantor shall impair such right or remedy or be construed as a
waiver.
6.5 Waiver of Certain Defenses
Grantor hereby waives any defense of laches, estoppel, or prescription.
6.6 Acts Beyond Grantor's Control
Nothing contained in this Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury to or change in the Property resulting from
causes beyond Grantor's control, including, without limitation, fire, flood, storm, and
earth movement, or from any prudent action taken by grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes.
14.12 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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7 Access
No right of access by the general public to any portion of the Property is conveyed by this
Easement.
8 Costs, Legal Requirements, and Liabilities
Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related
to the ownership, operation, upkeep, and maintenance of the Property, including, at
Grantor’s option, the maintenance of comprehensive general liability insurance coverage in
coverages and amounts determined by Grantor, in its sole discretion. Grantor remains
solely responsible for obtaining any applicable governmental permits and approvals for any
construction or other activity or use permitted by this Easement, and all such construction
or other activity or use shall be undertaken in accordance with all applicable federal, state,
and local laws, regulations, and requirements. Grantor shall keep the Property free of any
liens arising out of any work performed for, materials furnished to, or obligations incurred by
Grantor, except that nothing herein shall prohibit Grantor from placing liens on the Property
which are subordinated to this Easement or otherwise junior in priority to this Easement.
9 Taxes
Grantor shall pay before delinquency all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
10 Control
Nothing in this Easement shall be construed as giving rise, in the absence of a judicial
decree, to any right or ability in Grantee to exercise physical or managerial control over the
day-to-day operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended ("CERCLA").
11 Hold Harmless
Grantor hereby releases any claims it may now or hereafter have against Grantee and its
members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Released Parties")
for any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses,
causes of action, claims, demands, orders, judgments, or administrative actions, including,
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1)
injury to or the death of any person, or physical damage to any property, resulting from any
act, omission, condition, or other matter related to or occurring on or about the Property,
regardless of cause, except to the extent caused by the negligence or wilful act of any of
the Indemnified Parties; and hereby indemnifies Grantee against any claims arising from (a)
the violation or alleged violation of, or other failure to comply by Grantor with, any state,
federal, or local law, regulation, or requirement, including, without limitation, CERCLA, in
any way affecting, involving, or relating to the Property; and (b) the presence or release in,
14.13Conservation Easement Instruments
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on, from, or about the Property, at any time, of any substance now or hereafter defined,
listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or
requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or
soil, or in any way harmful or threatening to human health or the environment, unless
caused by any of the Released Parties.
12 Extinguishment
If circumstances arise in the future that render the purpose of this Easement impossible to
accomplish, this Easement can only be terminated or extinguished, whether in whole or in
part, either by the mutual consent of the Grantor, the Grantee and the City, or by judicial
proceedings in a court of competent jurisdiction. Each party shall promptly notify the other
when it first learns of such circumstances. Grantee shall not be entitled to any
compensation in the event of such termination.
13 Condemnation
If all or any part of the Property is taken by exercise of the power of eminent domain or
acquired by purchase in lieu of condemnation, whether by public, corporate, or other
authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall
act jointly to recover the full value of the interests in the Property subject to the taking or in
lieu purchase and all direct or incidental damages resulting therefrom. All expenses
reasonably incurred by Grantor and Grantee in connection with the taking or in lieu
purchase shall be paid out of the amount recovered. Grantee's share of the balance of the
amount recovered shall be one tenth (1/10th) of the amount recovered, less all expenses
and fees, including, without limitation, reasonable attorney fees and appraiser and expert
witness fees, incurred by Grantor in connection with such condemnation.
14 Intentionally Left Blank
15 Application of Proceeds
Grantee shall use any proceeds received under the circumstances described in
Paragraph13 in a manner consistent with its conservation purposes, which are exemplified
by this grant.
16 Assignment.
16.1 By Grantee: This Easement is transferable by Grantee only as follows:
Grantee may assign its rights and obligations under this Easement only to an
organization which is approved in advance by Grantor, which approval Grantor may
deny in its sole and unfettered discretion, and only if the agency or organization
expressly agrees to assume the responsibility imposed on Grantee by this
Easement. If Grantee ever ceases to exist, a court with jurisdiction shall transfer this
Easement to another organization having similar purposes that is designated by the
then owner of the Property and that agrees to assume the responsibility.
16.2 By Grantor: Grantor shall have the right to designate a successor grantee and
14.14 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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beneficiary (“Successor Grantee”) of the City’s interests in this Easement. Grantor
shall provide to the City, for its review and approval, a form of assignment of the
City’s interest in this Easement together with all relevant information about the
Successor Grantee. Provided that such Successor Grantee is a recognized
conservation, agricultural or preservation organization which has a demonstrated
capability to administer this Easement, City’s approval and execution of the
assignment shall not be unreasonably withheld or delayed.
17 Subsequent Transfers
Grantor agrees to incorporate the terms of this Easement by reference in any deed or other
legal instrument by which they divest themselves of any interest in all or a portion of the
Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the
date of such transfer. The failure of Grantor to perform any act required by this paragraph
shall not impair the validity of this Easement or limit its enforceability in any way.
18 Perpetual Duration
This Easement shall be a servitude running with the land in perpetuity. Every provision of
this Easement that applies to Grantor or Grantee shall also apply to their respective agents,
heirs, executors, administrators, assigns, and all other successors as their interests may
appear; provided, however, that either party's rights and obligations under this Easement
shall terminate (as to such party, but not as to such party's successor, who shall be bound
as provided herein) upon a transfer of such party's entire interest in this Easement or the
Property, except that liability of such transferring party for acts or omissions occurring prior
to such transfer shall survive the transfer.
19 Notices
Any notice provided or permitted to be given under this Easement must be in writing and
may be given and shall be deemed to have been given (i) by depositing the same in the
United States mail, addressed to the party notified, postage prepaid and registered or
certified with return receipt requested; (ii) by delivering the same in person to such party; or
(iii) by depositing the same into the custody of a nationally recognized overnight delivery
service such as, but not limited to Federal Express Corporation, addressed to the party to
be notified; or (iv) by facsimile. For purposes of notice, the addresses of the parties shall
be as set forth below. From time to time either party may designate another address for all
purposes of this Easement by giving the other party no less than ten (10) days' advance
notice of such change of address in accordance with the provisions hereof.
Grantor: Bar/X Ranch, LLC
C/O Gary Finkel
Gumbiner Savett, Inc.
1723 Cloverfield Blvd
Santa Monica, CA 90404
Phone: (310) 828-9798
Facsimile: (310) 829-7853
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Copy to: Herbert S. Klein, Esq.
Herbert S. Klein & Associates, Professional Corporation
201 N. Mill St. #203
Aspen, Co. 81611
Phone: 970-925-8700
Facsimile: 970-925-3977
Grantee: City of Aspen
Attn: City Attorney
130 S. Galena St.
Aspen, Co. 81611
Phone: 970-920-5055
Facsimile: 970-920-5119
20 Recordation
Grantee shall record this instrument in timely fashion in the official records of each county
in which the Property is situated, and may re-record it at any time as may be required to
preserve its rights in this Easement.
20 Controlling Law
The interpretation and performance of this Easement shall be governed by the laws of the
State of Colorado.
22 Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Easement shall be
liberally construed in favor of the grant to effect the purpose of this Easement. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
23 Severability
If any provision of this Easement, or the application thereof to any person or circumstance,
is found to be invalid, the remainder of the provisions of this Easement, or the application of
such provision to persons or circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
24 No Forfeiture
Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any
respect.
25 Joint Obligation
The obligations imposed by this Easement upon Grantors shall be joint and several.
14.16 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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26 Captions
The captions in this instrument have been inserted solely for convenience of reference and
are not a part of this instrument and shall have no effect upon construction or interpretation.
27 Amendment
If the circumstances arise under which an amendment to, or modification of, this Easement
would be appropriate, Grantor and Grantee are free to jointly amend this Easement,
provided that no amendment shall be allowed that will affect the qualifications of this
Easement under any applicable laws. Any amendment must be consistent with the
conservation purposes of this Easement and may not affect its perpetual duration. Any
amendment must be in writing, signed by both parties, and recorded in the official records
of Pitkin County, Colorado. Any amendment which results in lesser restrictions on uses
prohibited or limited hereby, shall also be approved by the City.
28 Effective Date
Grantor and Grantee intend that this Easement shall take effect on the date it is recorded in
the records of the Clerk and Recorder of Pitkin County, Colorado, after the signatures of
Grantor and Grantee have been affixed hereto, and until this Easement has been signed
and recorded, it shall not be effective.
TO HAVE AND TO HOLD, this Easement unto Grantee, its successors and assigns,
forever.
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have
set their hands on the date first written above.
SIGNATURES ON NEXT PAGES
14.17Conservation Easement Instruments
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GRANTOR:
Bar/X LLC, a Colorado Limited Liability Company
_________________________________
By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF COLORADO )
) ss.
COUNTY OF Pitkin )
The foregoing instrument was acknowledged before me this ____ day of
____________, by Gary Finkel.
Witness my hand and official seal.
My commission expires: __________________
____________________
Notary Public
14.18 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14
GRANTEE:
City of Aspen, a Colorado municipal corporation
By:______________________________
Mayor
ATTEST:
_________________________________
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
_________________________________
John Worcester, City Attorney
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The above and foregoing document was acknowledged before me this
__________ day of ____________________, 2004, by
_____________________________________ as Mayor and Kathryn S. Koch as City
Clerk of the City of Aspen, Colorado, a Colorado municipal corporation.
Witness my hand and official
My commission expires: _______________________.
_____________________________
Notary Public
N:\ZOLINE\finalplat\documents\finaldocs\Agricultural conservation easement-hkclean-final(020604).wpd
14.19Conservation Easement Instruments
Exhibit A
Agricultural Conservation Easement: Property Description
A parcel of land situated in Section 2, Township 10 South, Range 85 West of the 6th Principal
Meridian, County of Pitkin, State of Colorado, Said parcel of land being more particularly
described as follows:
Beginning at a point on the boundary line of Golf Course Parcel A, as shown on the Final Plat and
P.U.D. of Maroon Creek Club, recorded in Plat Book 33, Pages 4 through 15 of the Pitkin County
Records; whence the S1/4 corner of said Section 2, a found 1954 BLM Brass Cap in place bears
S.18°56'44"E., a distance of 1,746.14 feet;
Thence along the boundary of said Golf Course Parcel A the following six (6) courses:
1) S.88°59'33"W., a distance of 228.21 feet;
2) S.89°08'18"W., a distance of 156.94 feet;
3) S.88°56'55"W., a distance of 144.94 feet;
4) S.88°41'56"W., a distance of 136.14 feet;
5) S.89°42'25"W., a distance of 189.99 feet;
6) N.87°18'47"W., a distance of 5.97 feet to a point on an existing fence line and fence line
extended;
Thence following along said fence line and fence line extended the following five (5) courses:
1) N.01°01'58"E., a distance of 203.59 feet;
2) N.02°02'27"E., a distance of 109.93 feet;
3) N.00°19'27"E., a distance of 298.14 feet;
4) N.00°41'53"W., a distance of 62.14 feet;
5) N.02°29'43"E., a distance of 13.40 feet to a point on the northerly boundary of that property
described in Book 181 at Page 320 of the Pitkin County Records;
Thence leaving said fence line and fence line extended N.02°29'43"E., a distance of 163.25 feet;
Thence N.00°11'54"W., a distance of 143.37 feet; Thence N.12°45'55"E., a distance of 382.13
feet; Thence S.90°00’00”E., a distance of 360.66 feet; Thence N.41°28'13"E., a distance of 71.83
feet; Thence S.35°00'55"E., a distance of 43.92 feet; Thence S.12°35'22"W., a distance of 163.15
feet; Thence S.23°28'36"W., a distance of 34.09 feet; Thence S.89°51'08"W., a distance of
116.21 feet; Thence S.00°00’00” W., a distance of 84.49 feet; Thence S.89°59'41"E., a distance
of 108.42 feet; Thence N.17°58'36"E., a distance of 74.83 feet; Thence N.25°48'06"E., a distance
of 57.61 feet; Thence N.12°53'25"E., a distance of 160.70 feet; Thence N.35°55'44"W., a
distance of 61.57 feet; Thence N.41°28'13"E., a distance of 123.39 feet; Thence N.07°15'46"E., a
distance of 301.55 feet; Thence N.13°46'24"W., a distance of 245.10 feet; Thence
N.00°10'38"W., a distance of 286.12 feet to a point on the northerly boundary line of Government
Lot 7, of said Section 2; Thence S.60°10'46"E., a distance of 271.19 feet; Thence S.10°18'23"E.,
a distance of 288.67 feet; Thence N.26°12'43"E., a distance of 96.01 feet; Thence S.48°12'16"E.,
a distance of 96.69 feet; Thence S.32°21'28"E., a distance of 381.97 feet; Thence S.33°26'43"E.,
a distance of 293.29 feet; Thence S.22°05'43"E., a distance of 157.54 feet; Thence
S.30°32'13"E., a distance of 77.83 feet; Thence S.43°05'50"E., a distance of 384.93 feet; Thence
S.39°56'08"E., a distance of 123.96 feet; Thence S.04°59'24"W., a distance of 105.08 feet;
Thence S.02°28'05"E., a distance of 109.38 feet; Thence S.32°51'59"W., a distance of 152.65
feet; Thence S.09°02'17"W., a distance of 154.05 feet; Thence N.48°25'28"W., a distance of
73.51 feet; Thence N.18°26'45"W., a distance of 73.71 feet; Thence N.31°00'47"W., a distance of
290.06 feet; Thence S.89°48'03"W., a distance of 255.82 feet; Thence N.44°55'44"W., a distance
of 87.48 feet; Thence N.46°47'50"W., a distance of 221.10 feet; Thence N.27°22'06"W., a
distance of 103.74 feet; Thence N.47°20'30"W., a distance of 42.49 feet; Thence N.02°08'25"E.,
a distance of 57.71 feet; Thence West, a distance of 71.54 feet; Thence N.71°33'29"W., a
distance of 28.60 feet; Thence N.56°17'57"W., a distance of 17.79 feet; Thence S.29°38'24"W., a
distance of 61.52 feet; Thence S.29°07'28"W., a distance of 114.88 feet; Thence S.02°48'52"E., a
14.20 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
distance of 100.48 feet; Thence S.83°54'01"E., a distance of 210.25 feet; Thence S.86°00'27"E.,
a distance of 35.44 feet; Thence S.42°59'57"E., a distance of 243.15 feet; Thence S.73°14'13"W.,
a distance of 90.75 feet; Thence S.50°48'04"W., a distance of 97.62 feet; Thence S.33°20'47"E.,
a distance of 215.60 feet; Thence S.54°54'36"W., a distance of 212.70 feet; Thence
N.11°55'14"W., a distance of 393.11 feet; Thence N.89°56'56"W., a distance of 114.77 feet;
Thence S.04°17'35"E., a distance of 352.21 feet; Thence S.23°33'05"E., a distance of 83.25 feet;
Thence S.06°37'24"E., a distance of 125.65 feet; Thence N.88°17'50"E., a distance of 156.16
feet; Thence N.89°22'18"E., a distance of 196.66 feet; Thence N.00°15'35"W., a distance of
211.09 feet; Thence N.89°56'03"E., a distance of 314.75 feet; Thence S.02°32'35"W., a distance
of 210.64 feet; Thence S.88°37'23"E., a distance of 283.10 feet; Thence a distance of 96.35 feet
along the arc of curve to the left having a radius of 110.29 feet and a central angle of 50°03'23"
(chord bears N.66°20'56"E. 93.32 feet); Thence S.03°07'07"E., a distance of 79.93 feet to a point
on the perimeter of a strip of land described in Book 166 at Page 481 of the Pitkin County
Records the following three (3) courses:
1) S.01°14'15"W., a distance of 176.82 feet;
2) S.07°28'45"E., a distance of 152.60 feet;
3) S.06°23'45"E., a distance of 216.79 feet;
Thence leaving the perimeter of said strip of land S.07°34'37"W., a distance of 266.12 feet to a
point on the northerly line of a parcel of land recorded in Book 228 at Page 590 of the Pitkin
County Records; Thence along the northerly and westerly line of said parcel of land the following
three (3) courses:
1) N.89°07'44"W., a distance of 126.31 feet;
2) S.06°13'16"W., a distance of 267.36 feet;
3) S.14°07'16"W., a distance of 103.88 feet;
Thence leaving said northerly and westerly line N.87°46'19"W., a distance of 93.37 feet; Thence
S.45°52'51"W., a distance of 103.69 feet; Thence S.81°18'19"W., a distance of 81.79 feet;
Thence S.67°50'31"W., a distance of 62.83 feet; Thence S.33°09'57"W., a distance of 114.91
feet; Thence a distance of 73.58 feet along the arc of a non-tangent curve to the right having a
radius of 745.24 feet and a central angle of 05°39'24" (chord bears S.34°39'15"W. 73.55 feet);
Thence a distance of 24.21 feet along the arc of a compound curve to the right having a radius of
25.00 feet and a central angle of 55°28'39" (chord bears S.65°13'17"W. 23.27 feet); Thence
N.02°57'36"E., a distance of 53.43 feet; Thence a distance of 71.94 feet along the arc of curve to
the left having a radius of 106.00 feet and a central angle of 38°53'07" (chord bears
N.16°28'57"W. 70.57 feet); Thence N.35°55'31"W., a distance of 645.57 feet; Thence a distance
of 81.46 feet along the arc of curve to the right having a radius of 106.00 feet and a central angle
of 44°01'55" (chord bears N.13°54'33"W. 79.47 feet); Thence N.08°06'25"E., a distance of 299.47
feet; Thence N.64°05'13"E., a distance of 77.63 feet; Thence N.45°31'04"E., a distance of 76.85
feet; Thence N.28°21'08"E., a distance of 105.40 feet; Thence N.83°01'54"E., a distance of
166.24 feet; Thence N.37°01'05"E., a distance of 62.83 feet; Thence N.18°09'09"W., a distance
of 176.97 feet; Thence S.89°20'28"W., a distance of 157.71 feet; Thence S.87°15'08"W., a
distance of 126.50 feet to a point on the boundary line of said Golf Course Parcel A, the POINT
OF BEGINNING.
Said parcel of land containing 3,178,148 square feet or 72.960 acres, more or less
14.23Conservation Easement Instruments
17
EXHIBIT C
Bar/X Ranch: Documentation of Present Conditions
prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003
See Section 15 of Submission
14.24 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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14.25Conservation Easement Instruments
1
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Herbert S. Klein, Esq.
Herbert S. Klein & Associates, P.C.
201 North Mill Street, Suite 203
Aspen, Colorado 81611
MAROON CREEK CANYON CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is granted this _____ day of _______________,
2004, by Bar/X LLC, a Colorado Limited Liability Company, whose address is C/O Gary
Finkel, Gumbiner Savett, Inc.,1723 Cloverfield Blvd, Santa Monica, CA 90404 ("Grantor"),
to the City of Aspen, a Colorado home rule municipal corporation, whose address is 130
South Galena Street, Aspen, Colorado 81611 (“Grantee”) for the purpose of forever
conserving the open space character, wildlife habitat, scenic qualities and agricultural
productivity of the subject property.
RECITALS
A Grantor is the sole owner in fee simple of the real property (the "Property") legally
described in Exhibit A attached to and made a part of this Conservation Easement and
depicted on Exhibit B attached hereto which consists of _____ acres of land, located in
Pitkin County, State of Colorado, which includes a portion of what is commonly known as
the Maroon Creek Canyon.
Grantor also owns adjacent land known as the Bar/X Ranch (the “Ranch”), upon which
certain ranching, recreational, cultural and residential uses are conducted and certain of
which have historically been undertaken within the Maroon Creek Canyon. The boundaries
of the Ranch and the location of this Conservation Easement are graphically depicted on
Exhibit B.
B The floor of Maroon Creek Canyon has very high ecological values and contains
numerous wetlands and areas of riparian vegetation. Certain of these wetland systems
developed over the past 120 years as a result of the ranching activities on the Ranch land
above the canyon. The Property also possesses other recreational, equestrian, natural,
scenic and open space values (collectively, the "Conservation Values") of great importance
to Grantor, the people of Pitkin County, Colorado, and the people of the State of Colorado
which are worthy of protection.
C The specific Conservation Values of the Property are documented in a study titled: Bar/X
Ranch: Documentation of Present Conditions, prepared by Land Stewardship Consulting,
Inc. of Boulder, Colorado, November 2003, which is intended to serve as an objective
information baseline for monitoring compliance with the terms of this easement. A copy of
said study is attached hereto at Exhibit C. This Maroon Creek Canyon Conservation
14.26 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
2
Easement refers specifically to the Conservation Values attached to Maroon Creek
Canyon, as described in the above report, and not to the agricultural Conservation Values
of the irrigated meadows of the Bar/X Ranch, which are the subject of a separate
conservation easement.
D Grantor intends to make Grantee a beneficiary of the restrictions, terms and conditions
this Conservation Easement for the exclusive purpose of assuring that, the Conservation
Values of the Property will be conserved and maintained, and that uses of the Property that
are inconsistent with the Conservation Values will be prevented or corrected.
E Grantor further intends, as owner of the Property, to grant Grantee, subject to the
provisions of this Conservation Easement, the right to preserve and protect the
Conservation Values of the Property in perpetuity.
F Grantee 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 and for future generations.
G This Agreement is executed in connection with the creation of the Stage Road
Subdivision/ PUD, as described on that certain plat map (the “Plat”) recorded in Book ___,
Page ____, Reception No. ________, of the real property records of Pitkin County,
Colorado. According to the terms of the Pre-annexation Agreement, between Grantor and
the City of Aspen (“City”), this Conservation Easement is being granted as a condition of a
developmental approval.
NOW, THEREFORE, for the reasons given, and in consideration of the mutual promises
and covenants contained herein, Grantor voluntarily grants and conveys to Grantee, and
Grantee voluntarily accepts, a perpetual Conservation Easement in gross, an immediately
vested interest in real property defined by Colorado Revised Statutes Section 38-30.5-101,
et seq., of the nature and character and to the extent hereinafter set forth ("Easement").
1 Purpose
The purpose of this Easement is to preserve and protect in perpetuity the Conservation
Values of the Property and to prevent any use of the Property that will materially impair or
interfere with those Conservation Values. It is also the purpose of this Easement to permit
other uses of the Property, which uses are described herein, that are consistent with the
foregoing goals.
2 Rights of Grantee
To accomplish the purpose of this Easement, the following rights are hereby conveyed to
Grantee by this Easement:
2.1 Protection of Conservation Values
To preserve and protect the Conservation Values of the Property.
14.27Conservation Easement Instruments
3
2.2 Compliance Monitoring
To enter upon the Property at reasonable times, after first giving Grantor not less
than seventy-two (72) hours advance notice, in order to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement; provided that,
except in cases where Grantee determines that immediate entry is required to
prevent, terminate, or mitigate a violation of this Easement, such entry shall be upon
prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with
Grantor's use and quiet enjoyment of the Property.
2.3 Prevention of Inconsistent Use
To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of
the Property that may be damaged by any inconsistent activity or use.
3 Prohibited Uses
Any activity or use of the Property that is inconsistent with the purpose of this Easement is
expressly prohibited. Without limiting the generality of the foregoing, Grantor and Grantee
hereby acknowledge and agree that the following activities and uses are expressly
prohibited:
.
3.1 Construction of Buildings and Other Structures
The construction or reconstruction of any building or other structure, which is not
associated with the uses permitted on the Property is prohibited, except if such
buildings or structures are existing on the date of recording this Easement.
3.2 Timber Harvesting
Commercial timber harvesting on the Property shall be prohibited. Trees may be cut
to control insects and disease, to control invasive non-native species, and to prevent
personal injury and property damage. Dead trees may also be cut for firewood and
other uses on the Property. Tree thinning activities may take place to enhance views
from authorized building areas, to maintain the character and nature of the habitat,
and to preserve its value as winter range for deer, elk and other wildlife.
3.3 Mining
The commercial mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel,
or any other mineral substance is prohibited.
3.4 Trash
The dumping or uncontained accumulation of any kind of trash or refuse on the
Property is prohibited.
3.5 Water Rights
Except as may be required for the development of the Stage Road Subdivision/
PUD, including, without limitation, creation of a potable water supply, including,
14.28 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
4
without limitation the development of one or more wells, and construction of ponds,
Grantor shall not sell, transfer, lease, encumber or otherwise separate water rights
which have been historically used to maintain the agricultural productivity, open
space, wildlife habitat, and scenic qualities of the Property, from title to the Property
itself.
3.6 Commercial or Industrial Activity and Utilities
No non-agricultural commercial or industrial uses shall be allowed on the Property,
other than normal ranching activities. Notwithstanding the foregoing, subject to
paragraph 4.3,special events, picnics, rodeo’s, equestrian activities, educational or
cultural activities and similar uses may be undertaken on the Property for charitable
purposes or for profit. Utility easements existing as of the date of recording hereof
and or which may be necessary in the future to serve the Stage Road
Subdivision/PUD, and the lines, facilities and equipment related thereto as presently
installed or as may be installed in the future, along with maintenance and repair
activities associated therewith, are expressly permitted and nothing herein shall
diminish or restrict the exercise of rights under said easements.
3.7 Hazardous Materials
The storage, dumping, or other disposal of toxic and/or hazardous materials on the
Property is prohibited. For the purpose of this paragraph, hazardous or toxic
substances shall mean any hazardous or toxic substance which is regulated under
any federal, state, or local law, excluding, however, fertilizers, herbicides and
insecticides necessary for agricultural operations, weed control and dust control.
3.8 Paving and Road and Trail Construction
With the exception of the portions of the Property located within the Cabin Site
shown on the Plat (the “Cabin Site”) and any roads, trails or devices, such as,
without limitation, stairways or funiculars necessary for access to the Cabin Site, and
roads existing at the time this Easement is recorded, no portion of the Property
shall be paved or otherwise covered with concrete, asphalt, or any other paving
material, without the advance written permission of Grantee. Grantee shall give such
permission within fifteen (15) days of a request therefore unless Grantee determines
that the proposed paving or covering of the soil, will substantially diminish or impair
the Conservation Values of the Property or is otherwise inconsistent with this
Easement, and such permission shall not be unreasonably withheld. The failure of
Grantee to respond within the fifteen day period shall be deemed an approval.
Nothing herein shall limit Grantor’s right to maintain and repair existing roads, and to
relocate said roads if they are damaged from the effects of erosion or other natural
causes.
4 Reserved Rights and Permitted Uses
Grantor retains the right to perform any act and conduct any uses not specifically prohibited
or limited by this Easement (“Permitted Uses.”). Grantor reserves to itself and to its
administrators, successors, and assigns, all rights accruing from its ownership of the
14.29Conservation Easement Instruments
5
Property, including the right to engage in, or permit or invite others to engage in, all uses of
the Property that are not expressly prohibited herein and are not materially detrimental to
the conservation values and the purpose of this Easement. Grantor retains the right to
privacy and the right to exclude any member of the public from trespassing on the Property.
Without limiting the generality of the foregoing, and subject to the terms of Paragraph 3, the
following rights are expressly reserved:
4.1 Residential Uses and Utilities
The Grantor may construct, improve, alter, maintain and repair or replace any
buildings, permitted by the City of Aspen regulations and/or the Stage Road PUD
and as the same may be amended, provided such structures are located within the
Cabin Site. Other than the foregoing, no other buildings are permitted on the
Property. Grantor shall also have the right to construct and maintain utilities, wells,
sewer lines and/or septic facilities and access roads, trails and devices (as
described in paragraphs 3.6 and 3.8 above) which serve the improvements and
uses located or to be located on the Property and/or the Stage Road
Subdivision/PUD.
4.2 Subdivision or Parceling
Subdivision of the Property shall not be permitted, except that Grantor may
subdivide and/or separately convey the Cabin Site, if approved by the City.
4.3 Fences
Grantor may repair, replace, move, or remove existing fences and gates, and new
fences and gates may be built for purposes of reasonable and customary ranching
uses, including management of livestock and wildlife. Grantor may install gates at
various locations in new or existing fences.
4.4 Recreational Use
To engage in and permit others to engage in recreational uses of the Property,
including, without limitation, hiking, bicycle riding, hunting, horseback riding, fishing
and other non-motorized recreational uses; provided, however, that this Deed
prohibits more than a de minimis use for a commercial recreational activity.
4.5 Alternative Development Plan
Grantor shall have the right, at any time before the sale of an individual lot in the
Stage Road Subdivision/PUD, to amend the approved free market development plan
in a manner which reduces the number of free market lots from the number
approved in the Plat, with a lot configuration that may, but does not have to, include
a fathering parcel of a different size than that approved in the Plat (the “Alternative
Plan”). Although this Easement shall not be terminated by reason of such Alternative
Plan, the acreage within this Easement shall be included in the density calculations
for such development, however, except for the Cabin Site, no new residential
building sites shall be located within this Easement.
14.30 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
6
4.6 Agricultural Use
To engage in any and all agricultural uses of the Property in accordance with sound,
generally accepted agricultural and ranching practices and in a manner consistent
with the historic uses of the Property, which include breeding, raising, pasturing, and
grazing of cattle, sheep and horses. It is expressly recognized that Grantor has title
to a stock watering easement along the banks of Maroon Creek and Grantor’s use
of this easement shall not be impaired or diminished in any way by the terms and
conditions of this Easement.
4.7 Permitted Uses
To conduct the Permitted Uses on the Property.
4.8 Conservation Practices
The Property shall be managed in accordance with good conservation practices to
prevent the following: (i) soil erosion; (ii) noxious weeds to the extent reasonably
possible; and (iii) overgrazing by livestock. Grantor and Grantee may consult with a
qualified professional mutually agreed on who will provide written suggestions
regarding good conservation practices for erosion control, weed control and grazing
management.
5 Notice of Intention to Undertake Certain Permitted Actions
If any activities referred to in this Easement require Grantor to notify Grantee prior to
undertaking them, such notice is intended to afford Grantee an adequate opportunity to
monitor the activities in question to ensure that they are designed and carried out in a
manner that is not inconsistent with the purpose of this Easement. Whenever notice is
required Grantor shall notify Grantee in writing not less than fifteen (15) days prior to the
date Grantor intends to undertake the activity in question. The notice shall describe the
nature, scope, design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the purpose of this Easement.
5.1 Grantee's Approval
Where Grantee's approval is required, Grantee shall grant or withhold its approval in
writing within fifteen (15) days of receipt of Grantor's written request therefor.
Grantee's approval may be withheld only upon a reasonable determination by
Grantee that the action as proposed would be inconsistent with the purpose of this
Easement.
5.2 City Approval
In the event that Grantee assigns its rights in this Easement as permitted by
paragraph 16 below, City’s consent shall be required for any amendment to this
Easement which changes the allowed use of the areas within this Easement. City is
intended to be a beneficiary of this Easement in order to exercise such rights. City
shall not have the right to assign this right of consent to such amendment and any
such assignment shall be null and void.
14.31Conservation Easement Instruments
7
6 Enforcement
Grantee shall have the right to prevent and correct or require correction of violations of the
terms and purposes of this Easement. Subject to paragraph 2.2, Grantee may enter the
Property for the purpose of inspecting for violations.
6.1 Notice of Violation; Corrective Action
If Grantee finds what it believes is a violation, Grantee shall immediately notify
Grantor in writing of the nature of the alleged violation. Upon receipt of this written
notice, Grantor shall either (a) restore the Property to its condition prior to the
violation or (b) provide a written explanation to Grantee of the reason why the
alleged violation should be permitted. If the condition described in (b) above occurs,
both parties agree to meet either in person, by telephone or through their authorized
representatives, within fifteen (15) days of said notice to resolve this difference. If a
resolution of this difference cannot be achieved at the meeting, both parties agree to
meet with a mutually acceptable mediator to attempt to resolve the dispute within
fifteen (15) days after the meeting described in the previous sentence. When, in
Grantee's opinion, an ongoing or imminent violation could irreversibly diminish or
impair the Conservation Values of the Property, Grantee may, at its discretion, take
appropriate legal action. Grantor shall discontinue any activity which could increase
or expand the alleged violation during the mediation process. Should mediation fail
to resolve the dispute, Grantee may, at its discretion, take appropriate legal action. If
a court with jurisdiction determines that a violation is imminent, exists, or has
occurred, Grantee may get an injunction to stop it, temporarily or permanently. A
court may also issue an injunction to require Grantor to restore the Property to its
condition prior to the violation.
6.2 Attorney Fees
In any litigation to enforce the terms of this Easement, the court shall determine who
is the prevailing party and shall award such party its reasonable costs and attorney
fees incurred in such litigation, in addition to any other relief granted by the court..
6.3 Emergency Enforcement
If Grantee, reasonably determines that circumstances require immediate action to
prevent or mitigate significant damage to the Conservation Values of the Property,
Grantee may pursue its remedies under this Section 6 without prior notice to Grantor
or without waiting for the period provided for cure to expire.
6.4 Grantee's Discretion
Enforcement of the terms of this Easement shall be at the discretion of Grantee, and
any forbearance by Grantee to exercise its rights under this Easement in the event
of any breach of any term of this Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of
the same or any other term of this Easement or of any of Grantee's rights under this
Easement. No delay or omission by Grantee in the exercise of any right or remedy
14.32 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
8
upon any breach by Grantor shall impair such right or remedy or be construed as a
waiver.
6.5 Waiver of Certain Defenses
Grantor hereby waives any defense of laches, estoppel, or prescription.
6.6 Acts Beyond Grantor's Control
Nothing contained in this Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury to or change in the Property resulting from
causes beyond Grantor's control, including, without limitation, fire, flood, storm, and
earth movement, or from any prudent action taken by grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes.
7 Access
No right of access by the general public to any portion of the Property is conveyed by this
Easement.
8 Costs, Legal Requirements, and Liabilities
Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related
to the ownership, operation, upkeep, and maintenance of the Property, including, at
Grantor’s option, the maintenance of comprehensive general liability insurance coverage in
coverages and amounts determined by Grantor, in its sole discretion. Grantor remains
solely responsible for obtaining any applicable governmental permits and approvals for any
construction or other activity or use permitted by this Easement, and all such construction
or other activity or use shall be undertaken in accordance with all applicable federal, state,
and local laws, regulations, and requirements. Grantor shall keep the Property free of any
liens arising out of any work performed for, materials furnished to, or obligations incurred by
Grantor, except that nothing herein shall prohibit Grantor from placing liens on the Property
which are subordinated to this Easement or otherwise junior in priority to this Easement.
9 Taxes
Grantor shall pay before delinquency all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
10 Control
Nothing in this Easement shall be construed as giving rise, in the absence of a judicial
decree, to any right or ability in Grantee to exercise physical or managerial control over the
day-to-day operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended ("CERCLA").
14.33Conservation Easement Instruments
9
11 Hold Harmless
Grantor hereby releases any claims it may now or hereafter have against Grantee and its
members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Released Parties")
for any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses,
causes of action, claims, demands, orders, judgments, or administrative actions, including,
without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1)
injury to or the death of any person, or physical damage to any property, resulting from any
act, omission, condition, or other matter related to or occurring on or about the Property,
regardless of cause, except to the extent caused by the negligence or willful act of any of
the Indemnified Parties; and hereby indemnifies Grantee against any claims arising from (a)
the violation or alleged violation of, or other failure to comply by Grantor with, any state,
federal, or local law, regulation, or requirement, including, without limitation, CERCLA, in
any way affecting, involving, or relating to the Property; and (b) the presence or release in,
on, from, or about the Property, at any time, of any substance now or hereafter defined,
listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or
requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or
soil, or in any way harmful or threatening to human health or the environment, unless
caused by any of the Released Parties.
12 Extinguishment
If circumstances arise in the future that render the purpose of this Easement impossible to
accomplish, this Easement can only be terminated or extinguished, whether in whole or in
part, either by the mutual consent of the Grantor, the Grantee and the City, or by judicial
proceedings in a court of competent jurisdiction. Each party shall promptly notify the other
when it first learns of such circumstances. Grantee shall not be entitled to any
compensation in the event of such termination.
13 Condemnation
If all or any part of the Property is taken by exercise of the power of eminent domain or
acquired by purchase in lieu of condemnation, whether by public, corporate, or other
authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall
act jointly to recover the full value of the interests in the Property subject to the taking or in
lieu purchase and all direct or incidental damages resulting therefrom. All expenses
reasonably incurred by Grantor and Grantee in connection with the taking or in lieu
purchase shall be paid out of the amount recovered. Grantee's share of the balance of the
amount recovered shall be one-tenth (1/10th) of the amount recovered, less all expenses
and fees, including, without limitation, reasonable attorney fees and appraiser and expert
witness fees, incurred by Grantor in connection with such condemnation.
14 Intentionally Left Blank
15 Application of Proceeds
Grantee shall use any proceeds received under the circumstances described in Paragraph
14.34 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
10
13 in a manner consistent with its conservation purposes, which are exemplified by this
grant.
16 Assignment
16.1 By Grantee: This Easement is transferable by Grantee only as follows:
Grantee may assign its rights and obligations under this Easement only to an
organization which is approved in advance by Grantor, which approval Grantor may
deny in its sole and unfettered discretion, and only if the agency or organization
expressly agrees to assume the responsibility imposed on Grantee by this
Easement. If Grantee ever ceases to exist, a court with jurisdiction shall transfer this
Easement to another organization having similar purposes that is designated by the
then owner of the Property and that agrees to assume the responsibility.
16.2 By Grantor: Grantor shall have the right to designate a successor grantee and
beneficiary (“Successor Grantee”) of the City’s interests in this Easement. Grantor
shall provide to the City, for its review and approval, a form of assignment of the
City’s interest in this Easement together with all relevant information about the
Successor Grantee. Provided that such Successor Grantee is a recognized
conservation, agricultural or preservation organization which has a demonstrated
capability to administer this Easement, City’s approval and execution of the
assignment shall not be unreasonably withheld or delayed.
17 Subsequent Transfers
Grantor agrees to incorporate the terms of this Easement by reference in any deed or other
legal instrument by which they divest themselves of any interest in all or a portion of the
Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the
date of such transfer. The failure of Grantor to perform any act required by this paragraph
shall not impair the validity of this Easement or limit its enforceability in any way.
18 Perpetual Duration
This Easement shall be a servitude running with the land in perpetuity. Every provision of
this Easement that applies to Grantor or Grantee shall also apply to their respective agents,
heirs, executors, administrators, assigns, and all other successors as their interests may
appear; provided, however, that either party's rights and obligations under this Easement
shall terminate (as to such party, but not as to such party's successor, who shall be bound
as provided herein) upon a transfer of such party's entire interest in this Easement or the
Property, except that liability of such transferring party for acts or omissions occurring prior
to such transfer shall survive the transfer.
19 Notices
Any notice provided or permitted to be given under this Easement must be in writing and
may be given and shall be deemed to have been given (i) by depositing the same in the
United States mail, addressed to the party notified, postage prepaid and registered or
14.35Conservation Easement Instruments
11
certified with return receipt requested; (ii) by delivering the same in person to such party; or
(iii) by depositing the same into the custody of a nationally recognized overnight delivery
service such as, but not limited to Federal Express Corporation, addressed to the party to
be notified; or (iv) by facsimile. For purposes of notice, the addresses of the parties shall
be as set forth below. From time to time either party may designate another address for all
purposes of this Easement by giving the other party no less than ten (10) days' advance
notice of such change of address in accordance with the provisions hereof.
Grantor: Bar/X Ranch, LLC
C/O Gary Finkel
Gumbiner Savett, Inc.
1723 Cloverfield Blvd
Santa Monica, CA 90404
Phone: (310) 828-9798
Facsimile: (310) 829-7853
Copy to: Herbert S. Klein, Esq.
Herbert S. Klein & Associates, Professional Corporation
201 N. Mill St. #203
Aspen, Co. 81611
Phone: 970-925-8700
Facsimile: 970-925-3977
Grantee: City of Aspen
Attn: City Attorney
130 S. Galena St.
Aspen, Co. 81611
Phone: 970-920-5055
Facsimile: 970-920-5119
20 Recordation
Grantee shall record this instrument in timely fashion in the official records of each county
in which the Property is situated, and may re-record it at any time as may be required to
preserve its rights in this Easement.
21 Controlling Law
The interpretation and performance of this Easement shall be governed by the laws of the
State of Colorado.
22 Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Easement shall be
liberally construed in favor of the grant to effect the purpose of this Easement. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
14.36 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
12
purpose of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
23 Severability
If any provision of this Easement, or the application thereof to any person or circumstance,
is found to be invalid, the remainder of the provisions of this Easement, or the application of
such provision to persons or circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
24 No Forfeiture
Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any
respect.
25 Joint Obligation
The obligations imposed by this Easement upon Grantors shall be joint and several.
26 Captions
The captions in this instrument have been inserted solely for convenience of reference and
are not a part of this instrument and shall have no effect upon construction or interpretation.
27 Amendment
If the circumstances arise under which an amendment to, or modification of, this Easement
would be appropriate, Grantor and Grantee are free to jointly amend this Easement,
provided that no amendment shall be allowed that will affect the qualifications of this
Easement under any applicable laws. Any amendment must be consistent with the
conservation purposes of this Easement and may not affect its perpetual duration. Any
amendment must be in writing, signed by both parties, and recorded in the official records
of Pitkin County, Colorado. Any amendment must be in writing, signed by both parties, and
recorded in the official records of Pitkin County, Colorado. Any amendment which results in
lesser restrictions on uses prohibited or limited hereby, shall also be approved by the City.
28 Effective Date
Grantor and Grantee intend that this Easement shall take effect on the date it is recorded in
the records of the Clerk and Recorder of Pitkin County, Colorado, after the signatures of
Grantor and Grantee have been affixed hereto, and until this Easement has been signed
and recorded, it shall not be effective.
TO HAVE AND TO HOLD, this Easement unto Grantee, its successors and assigns,
forever.
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have
set their hands on the date first written above.
SIGNATURES ON NEXT PAGES
14.37Conservation Easement Instruments
13
GRANTOR:
Bar/X LLC, a Colorado Limited Liability Company
_____________________________________________
By: Gary Finkel, Trustee of the Survivors Trust Under the Zoline Family 1982 Trust.
STATE OF COLORADO )
) ss.
COUNTY OF Pitkin )
The foregoing instrument was acknowledged before me this ____ day of
____________, by Gary Finkel.
Witness my hand and official seal.
My commission expires: __________________
___________________________
Notary Public
14.38 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14
GRANTEE:
City of Aspen, a Colorado municipal corporation
By:______________________________
Mayor
ATTEST:
_________________________________
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
_________________________________
John Worcester, City Attorney
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The above and foregoing document was acknowledged before me this
__________ day of ____________________, 2004, by
_____________________________________ as Mayor and Kathryn S. Koch as City
Clerk of the City of Aspen, Colorado, a Colorado municipal corporation.
Witness my hand and official
My commission expires: _______________________.
_____________________________
Notary Public
N:\ZOLINE\finalplat\documents\finaldocs\MAROON creek conservation easement - final(020604).wpd
14.39Conservation Easement Instruments
Exhibit A
Maroon Creek Canyon Conservation Easement: Property Description
A parcel of land situated in Section 2, Township 10 South, Range 85 West of the 6th Principal
Meridian, County of Pitkin, State of Colorado, Said parcel of land being more particularly
described as follows:
Beginning at a point on the perimeter of a strip of land described in Book 166 at Page 481 of the
Pitkin County Records; whence the S1/4 corner of said Section 2, a found 1954 BLM Brass Cap
in place bears S.16°07'28"W. a distance of 1,479.95 feet;
Thence N.03°06'15"E., a distance of 105.15 feet; Thence N.06°43'55"E., a distance of 142.68
feet; Thence N.11°57'56"E., a distance of 399.67 feet; Thence N.06°22'11"E., a distance of 14.94
feet; Thence S.80°46'24"E., a distance of 16.63 feet; Thence N.20°26'37"E., a distance of 126.80
feet; Thence N.10°24'30"W., a distance of 58.30 feet; Thence N.20°19'30"W., a distance of
108.17 feet; Thence N.26°16'00"E., a distance of 134.00 feet; Thence N.05°33'54"E., a distance
of 79.26 feet; Thence N.04°20'31"W., a distance of 87.17 feet; Thence N.23°51'33"W., a distance
of 227.31 feet; Thence N.21°52'37"W., a distance of 118.70 feet; Thence N.48°27'21"W., a
distance of 182.29 feet; Thence N.27°53'13"W., a distance of 209.16 feet; Thence
N.43°42'13"W., a distance of 611.76 feet; Thence N.45°16'05"W., a distance of 97.24 feet;
Thence N.75°19'37"W., a distance of 348.69 feet; Thence N.60°10'46"W., a distance of 271.19
feet to a point on the northerly line of Government Lot 7 of said Section 2; Thence S.88°15'48"E.,
along the northerly line of said Government Lot 7 a distance of 431.62 feet; Thence leaving said
northerly line of Government Lot 7 S.62°34'59"E., a distance of 25.61 feet; Thence S.72°20'36"E.,
a distance of 19.37 feet; Thence S.85°21'46"E., a distance of 15.57 feet; Thence East, a distance
of 19.71 feet; Thence S.81°31'32"E., a distance of 19.93 feet; Thence S.88°59'40"E., a distance
of 23.91 feet; Thence N.88°03'28"E., a distance of 24.76 feet; Thence N.81°52'00"E., a distance
of 26.69 feet; Thence N.76°51'39"E., a distance of 25.84 feet; Thence N.82°33'56"E., a distance
of 19.46 feet; Thence N.67°36'42"E., a distance of 6.69 feet to a point on said northerly line of
Government Lot 7; Thence S.88°15'48"E., along said northerly line of Government Lot 7 a
distance of 133.94 feet to a point on the West Bank of Maroon Creek as referenced in the deed
recorded in said Book 166 at Page 481 of the Pitkin County Records; Thence leaving said
northerly line of Government Lot 7 along said deed described above and being 25.00 feet
westerly of and parallel to the West Bank of Maroon Creek the following (6) courses:
1) S.47°16'56"E., a distance of 93.51 feet;
2) S.40°44'00"E., a distance of 99.92 feet;
3) S.43°12'00"E., a distance of 75.48 feet;
4) S.26°40'59"E., a distance of 51.42 feet;
5) S.29°29'19"E., a distance of 82.66 feet;
6) S.44°11'50"E., a distance of 78.16 feet;
Thence leaving said line 25.00 feet westerly of and parallel to the West Bank of Maroon Creek,
S.54°54'23"W., a distance of 89.74 feet; Thence S.32°41'22"E., a distance of 154.84 feet; Thence
N.58°15'43"E., a distance of 59.96 feet to a point on said line 25.00 feet westerly of and parallel
to the West Bank of Maroon Creek and being further described in the deed recorded in Book 166
at Page 481 of the Pitkin County Records; Thence along said line the following fifty (50) courses:
1) S.00°46'52"W., a distance of 118.50 feet;
2) S.24°51'14"E., a distance of 92.53 feet;
3) S.07°32'08"E., a distance of 36.99 feet;
4) S.52°15'52"E., a distance of 34.18 feet;
5) S.11°19'08"E., a distance of 79.45 feet;
6) S.40°07'51"E., a distance of 160.49 feet;
7) N.82°30'12"E., a distance of 92.23 feet;
8) N.66°41'51"E., a distance of 24.39 feet;
9) S.12°48'00"E., a distance of 170.52 feet;
14.40 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
10) S.06°11'13"W., a distance of 83.10 feet;
11) S.07°05'08"E., a distance of 34.83 feet;
12) S.00°01'32"W., a distance of 45.24 feet;
13) S.18°54'49"E., a distance of 72.69 feet;
14) S.10°58'43"E., a distance of 75.11 feet;
15) S.13°40'31"W., a distance of 47.18 feet;
16) S.04°17'31"E., a distance of 66.15 feet;
17) S.08°20'24"E., a distance of 136.42 feet;
18) S.04°29'56"W., a distance of 65.63 feet;
19) S.05°54'39"E., a distance of 34.46 feet;
20) S.20°50'18"W., a distance of 88.41 feet;
21) S.02°09'35"W., a distance of 28.08 feet;
22) S.53°23'59"W., a distance of 34.41 feet;
23) S.12°35'25"W., a distance of 60.60 feet;
24) S.15°11'24"W., a distance of 30.24 feet;
25) S.14°51'24"E., a distance of 30.10 feet;
26) S.30°36'56"E., a distance of 49.45 feet;
27) S.33°44'33"E., a distance of 31.40 feet;
28) S.25°57'56"E., a distance of 65.95 feet;
29) S.15°52'18"E., a distance of 72.55 feet;
30) S.07°20'49"W., a distance of 27.44 feet;
31) S.45°10'43"W., a distance of 20.69 feet;
32) S.32°45'51"W., a distance of 51.58 feet;
33) S.02°19'30"E., a distance of 36.47 feet;
34) S.08°50'53"W., a distance of 19.54 feet;
35) S.08°15'44"E., a distance of 25.11 feet;
36) S.13°20'02"E., a distance of 27.03 feet;
37) S.31°23'52"E., a distance of 113.34 feet;
38) S.00°17'56"E., a distance of 19.09 feet;
39) S.14°06'53"W., a distance of 60.96 feet;
40) S.11°55'16"E., a distance of 57.16 feet;
41) S.08°07'37"W., a distance of 5.56 feet;
42) N.39°20'13"W., a distance of 21.47 feet;
43) N.86°08'02"W., a distance of 47.08 feet;
44) S.53°19'46"W., a distance of 28.16 feet;
45) S.76°07'57"W., a distance of 36.92 feet;
46) S.12°43'14"W., a distance of 40.76 feet;
47) S.32°41'52"W., a distance of 99.52 feet;
48) S.01°29'59"E., a distance of 44.65 feet;
49) 233.57 feet along the arc of a non-tangent curve to the left having a radius of 400.00 feet and
a central angle of 33°27'25" (chord bears S.03°31'23"E. 230.27 feet);
50) S.20°15'05"E., a distance of 63.49 feet to a point on the northerly line of a parcel of land
recorded in Book 228 at Page 590 of the Pitkin County Records;
Thence leaving said line 25.00 feet westerly of and parallel to the West Bank of Maroon Creek
N.89°07'44"W., along the northerly line of said parcel of land recorded in Book 228 at Page 590 a
distance of 156.24 feet; Thence leaving said northerly line of a parcel of land recorded in Book
228 at Page 590, along the perimeter of said strip of land described in Book 166 at Page 481 the
following three (3) courses:
1) N.05°18'15"E.a distance of 234.07 feet;
2) N.06°23'45"W., a distance of 252.08 feet;
3) N.07°28'45"W., a distance of 80.92 feet to the POINT OF BEGINNING.
Said parcel of land containing 628,304 square feet or 14.424 acres, more or less.
14.43Conservation Easement Instruments
17
EXHIBIT C
Bar/X Ranch: Documentation of Present Conditions
prepared by Land Stewardship Consulting, Inc. of Boulder, Colorado, November 2003
See Section 15 of Submission
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14.45Conservation Easement Instruments
Appendices
Appendix A: Pitkin County Ordinance OR-30, April 13, 1987 ..............................................14.47
Appendix B: Conservation Easement #1, November 18, 1986 .......................................14.49
Appendix C: Conservation Easement #2, November 18, 1986 ........................................14.53
Appendix D: Conservation Easement #3, August 10, 1987 ..............................................14.57
Appendix E: Conservation Easement #4, August 10, 1987 ..............................................14.60
14.46 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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14.47Conservation Easement Instruments
Appendix A
14.48 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.49Conservation Easement Instruments
Appendix B
14.50 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.51Conservation Easement Instruments
14.52 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.53Conservation Easement Instruments
Appendix C
14.54 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.55Conservation Easement Instruments
14.56 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.57Conservation Easement Instruments
Appendix D
14.58 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
14.59Conservation Easement Instruments
14.60 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Appendix D
14.61Conservation Easement Instruments
14.62 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission