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HomeMy WebLinkAboutC07-286 Grange Family Ranches_deed of conservation easementGRANGE FAMILY RANCHES, LLC DEED OF CONSERVATION EASEMENT NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART WITH A GRANT ("GRANT") FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND ("GOCO"). THIS DEED OF CONSERVATION EASEMENT CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. GOCO HAS FOUND THAT THIS DEED OF CONSERVATION EASEMENT PROVIDES BENEFITS THAT ARE IN THE PUBLIC INTEREST. THIS DEED OF CONSERVATION EASEMENT is made this _ day of 20_, by Grange Family Ranches, LLC, having its address at 408 W. Cody Lane, Basalt, CO 8162 1 ("Grantor"), in favor of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado, a body corporate and politic, 530 E. Main St., Ste 301, Aspen, Colorado 81611 (the "County"), BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, 500 Broadway, Eagle, Colorado 81631, TOWN OF BASALT, 101 Midland Avenue, Basalt, CO 81621, and the ASPEN VALLEY LAND TRUST, having an address of 320 E. Main St. Suite 204, Carbondale, CO 81623 ("AVLT"), and their successors and assigns (collectively Pitkin County, Eagle County, Town of Basalt, and AVLT are referred to as "Grantee"). Grantor and Grantee are sometimes collectively referred to in this Easement as the "Parties" and individually as the "Party." Y• The following exhibits are attached hereto: Exhibit A Description of Property Exhibit B Map of Property (survey recorded at Pitkin County at Reception # 541725, Book 84 Page 90) Exhibit C Baseline Summary Exhibit D Water Rights Exhibit E Location of underground storage tank and above -ground storage tank Exhibit F Agricultural Management Plan RECITALS: A. Grantor is the sole owner in fee simple of certain real property in Pitkin and Eagle Counties, Colorado, more particularly described in Exhibit A attached hereto and generally depicted on the map attached hereto as Exhibit B, both of which are incorporated herein by this reference (the "Property"). B. The Property possesses natural, scenic, open space, historical, recreational values (collectively, "Conservation Values") of great importance to Grantor, the people of Pitkin Grange Family Ranches, LLC Phase I Conservation Easement County, Eagle County, and the people of the State of Colorado. In particular, the Property lies between Light Hill Bureau of Land Management lands and Lake Christine State Wildlife Area owned by the State of Colorado and links the two. It is an important wildlife migration area. The property is also scenic open space that is traversed by two public trails, the Rio Grande Trail and the Old Emma Trail, State Highway 82, and is bounded by Two Rivers Road. The property has been ranched since the late 1800s, and this historic agriculture also provides an urban buffer adjacent the Town of Basalt. C. Grantor intends that the Conservation Values of the Property be preserved and protected, and that any uses be prohibited that would substantially diminish or impair the Conservation Values or that otherwise would be inconsistent with the purposes of this Easement. The parties acknowledge and agree that the current land use patterns, including, without limitation, those relating to ranching existing at the time of this grant, do not significantly impair or interfere with the Property's Conservation Values and are consistent with purposes of the Easement. D. Grantor desires to bargain sell a conservation easement ("Conservation Easement") over approximately 187 acres as generally shown on Exhibit B, and referred to herein as "the Property." For purposes of the Conservation Easement, and as further depicted on Exhibit B, there are two general land categories; irrigated pastures and other areas in agricultural production referred herein as "Agricultural Areas", and three five -acre building envelopes reserved for residential uses and agricultural structures referred herein as "Reserved Building Envelopes." . E. Grantor further intends, as owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity. F. Co -Holders are government entities and a publicly supported, tax-exempt nonprofit organization, qualified under §§501(c)(3) and 170(h) of the Code. The AVLT's primary purpose is the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, and/or open space condition. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values for the benefit of this and future generations. G. The voters of the State of Colorado by adoption of Amendment XXVII to the Constitution of the State of Colorado, the legislature of the State of Colorado by adoption of enabling legislation, and the State Board of the Great Outdoors Colorado Trust Fund ("GOCO"), by adopting and administering competitive grants application and rigorous due diligence review processes, have established that it is the policy of the State of Colorado and its people to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage, to protect critical wildlife habitats through the acquisition of lands, leases or easements, and to acquire and manage unique open space and natural areas of statewide significance. H. Grantee agrees by accepting this Easement to honor the intentions of Grantor Grange Family Ranches, LLC Phase I Conservation Easement stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this and future generations; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. § 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement"). 1. Pun2ose. The purpose of this Easement is to preserve and protect the Conservation Values of the Property in perpetuity. This purpose is in accordance with § 170(h) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto. To achieve this Purpose, Grantor intends to convey this Deed of Conservation Easement to Grantee to ensure that the Conservation Values of the Property will be preserved and protected forever. Subject to the purpose of this Easement, Grantor and Grantee intend to permit only uses of the Property which do not substantially diminish or impair the Property's Conservation Values and to prevent any use of the Property that will substantially impair or interfere with protecting the Property's Conservation Values. It is the intent of the Grantor to preserve the Property in its scenic, agriculturally productive, natural, historic and open space condition to preserve the open space character, wildlife habitat, and scenic qualities of the Property. 2. Baseline Documentation Report. The parties acknowledge that a written report, dated July 25, 2007 has been prepared, reviewed, and approved by both parties (the "Baseline Documentation Report"). A summary of the Baseline Documentation is attached hereto, as Exhibit C. A copy of the Baseline Documentation Report will be on file with both parties and by this reference made a part hereof. The parties acknowledge that the Baseline Documentation Report is intended to establish the condition of the Property subject to the Easement as of the date written above. The parties further agree that, in the event a controversy arises with respect to the condition of the Property as of the conveyance date of the Easement, or compliance with or violation of any term or provision of this Easement, the parties may use the Baseline Documentation Report and any other relevant or material documents, surveys, reports, and other information to assist in resolving a controversy. 3. Rights of Grantee. To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: a. To preserve and protect the Conservation Values of the Property; b. To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that 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; C. To prevent any activity on or use of the Property that is inconsistent with Grange Family Ranches, LLC Phase I Conservation Easement the purpose of this Easement; and d. To require the restoration of such areas or features of the Property that may be damaged by any inconsistent use. 4. Reserved Rights. Grantor reserves to himself/herself, and to his/her personal representatives, heirs, successors, and assigns, all rights accruing from his/her 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 or restricted herein and that do not substantially diminish or impair the Property's Conservation Values. Without limiting the generality of the foregoing, the Grantor reserves the right to; a. Continue agricultural use of the property, including grazing of livestock, irrigation of pastures, and harvesting of hay and other crops. b. To engage in non-commercial, non -motorized passive recreational activities, such as horseback riding, hiking, cross-country skiing, and other similar low -impact recreational uses, to be enjoyed solely by the Grantor, its family and guests. Hunting is likewise permitted, so long as it is undertaken in compliance with applicable state and federal laws and regulations and pursued in a manner that does not substantially diminish or impair the Conservation Values of the Property. C. To maintain, renovate, or construct one primary residence not exceed 5,750 square feet of residential floor area within each five -acre Reserved Building Envelope, d. To construct within each five -acre Reserved Building Envelope a caretaker unit not to exceed 1000 square feet of residential floor area, e. To maintain all existing agricultural structures, and f. To construct no more than 15,000 square feet of additional agricultural structures cumulatively on the Property and within the Reserved Building Envelopes as determined by Grantor in its sole discretion, which use is limited to the storage of agricultural products and equipment. Within each Reserved Building Envelope, up to 4,000 square feet of fully enclosed barns may be constructed. These barns shall count toward the 15,000 total agricultural building square footage. Additional agricultural buildings that count toward the 15,000 square feet of agricultural structures may be constructed outside of the three five -acre Reserved Building Envelopes if such structures have an open side and are not fully enclosed. It is preferable, however, that such open sided agricultural structures be located within the Reserved building Envelopes. Riding arenas are not permissible agricultural structures. g. To constrict a green house on the property limited to 3,000 square feet in size in order to grow fruits, vegetables, and other plants on the parcel labeled on Exhibit B as the Proposed Greenhouse Envelope. Grantor may construct additional greenhouse square footage on Grange Family Ranches, LLC Phase I Conservation Easement the Greenhouse Envelope only with the Grantee's consent. If greenhouses are constructed, they shall be clustered and Grantor shall plant trees to reasonably shield them from view provided they do not interfere with sunlight needed for the greenhouses. Greenhouse use is limited to food production and any retail sales therefrom shall be limited in scope so as not to require a parking area of more than five spaces. h. Construction of Buildings and Other Structures. Grantor reserves the right to continue residential use of existing residences within Reserved Building Envelopes 1 and 3 as depicted on Exhibit B, and to remodel or replace the same provided that the residences shall not exceed 5,750 square feet of residential floor area. Grantor may also build one additional residence within Building Envelope 2 not to exceed 5,750 square feet of residential floor area. In addition to these residences, each of the three Reserved Building Envelopes may also each contain a caretaker unit not to exceed 1,000 square feet of residential floor area. In addition, Grantor may construct barns within the Reserved Building Envelopes used solely for the storage of agricultural products and equipment, not to exceed 15,000 square feet in total for the Property, as discussed previously in paragraph 4(f) above. Such 15,000 square feet shall be in addition to all agricultural structures on the Property existing on the date this easement is executed. Exhibit B indicates the existing agricultural structures that were already located on the Property when this easement was granted, which together totaled approximately 9,827 square feet. Existing agricultural structures may be replaced in the future and any increase in square footage thereto shall be applied toward such 15,000 square feet. The construction of any other building, structure or other improvement, except those existing on the date of this Easement, is prohibited except in accordance with Paragraphs 4(b) and (f) below. All existing buildings, structures, and other improvements are generally identified on the map attached hereto as Exhibit B (survey recorded at Pitkin County at Reception # 541725, Book 84 Page 90). i. Subdivision. On the date of this conveyance, the Property is considered by Pitkin County to be one parcel with a single development right pursuant to the Pitkin County Land Use Code. Grantor may divide the Property into a maximum of three separate parcels, each containing one of the Reserved Building Envelopes, and Grantor may file a subdivision exemption plat for such division or apply to Pitkin County for subdivision approval as may be necessary. The three Residential Parcels shall have the acreage as determined by Grantor in its sole discretion. Pitkin County prefers to retain as much of the agricultural lands as a single parcel as possible, and this may be considered if Pitkin County must grant subdivision approval for parcels that are less than 35 acres. However, Grantor may record a subdivision exemption plat to divide the Property into three parcels each with at least 35 acres without requesting Pitkin County approval pursuant to existing Colorado Iaw at the time this easement was granted. Following such subdivision, the Property may have a maximum of three legally separate parcels, each containing one of the Reserved Building Envelopes. Grantor or future owners of the parcels may request to modify the boundaries of the Reserved Building Envelopes provided that they cannot exceed five acres, and provided that the Grantee in its sole discretion may refuse to allow such modification. All other division or subdivision of title to the Property, whether by physical or legal process, is prohibited. Grange Family Ranches, LLC Phase I Conservation Easement 5 5. Prohibited and Restricted Uses. Any activity on or use of the Property` inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: a. Development Rights. Grantor hereby grants to Grantee all development rights except as otherwise expressly reserved by Grantor herein, and the parties agree that such rights are hereby released, terminated and extinguished, and may not be used on or transferred off of the Property to any other property adjacent or otherwise or used for the purpose of calculating permissible lot yield of the Property or any other property. b. New Structures and Improvements. Under no circumstances shall any recreational building, structure or improvement be built on the Property, including but not limited to, athletic fields, golf courses or ranges, race tracks, airstrips, helicopter pads, or shooting ranges. Unenclosed tennis or basketball courts and swimming pools are allowed within the three building envelopes, and such recreational structures shall not count against the 5,750 square feet of residential floor area. C. Fences. No fences shall be constructed on the Native Uplands except upon their boundary with the Agricultural Areas. Fences are allowed on the Agricultural Areas and within the Reserved Building Envelopes for purposes of reasonable and customary management of livestock and wildlife, and to separate public trails from the Agricultural Areas. d. Timber Harvesting. 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. No commercial timber harvesting or firewood cutting is allowed on the Native Uplands. Live trees that encroach on ditch banks may be cut down. Pine trees may be cut down for Christmas trees to be used in a residence on the Property. e. Mining. Grantor owns all mineral rights and cannot separate the mineral and surface estates after this Easement is granted. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance using any surface mining method is prohibited, unless the method of extraction has a limited, localized impact on the Property that is not irremediably destructive of the Conservation Values of the Property. Exhibit B indicates that there are two gravel sources on the Property, one north of Highway 82 near the northeast corner of the Property (the East Gravel Source), and a second one south of Highway 82 west of the three Reserved Building Envelopes (the West Gravel Source). Except for extraction of sand and gravel from the East and West Gravel Sources, as described further below, no extraction otherwise permitted pursuant to this paragraph shall occur without prior written notice to and approval of Grantee, which notice shall include a description of the type of extraction, the areas within which such extraction shall occur, and the anticipated impact thereof. Any lease, surface use agreement, or other conveyance by Grantor to a third party of mineral rights subsequent to the date of recording of this Easement shall be subject to the restrictions of this Easement and shall so state, shall contain terms consistent with the provisions of this Easement, and a copy of Grange Family Ranches, LLC Phase I Conservation Easement 6 the same shall be provided to Grantee for Grantee's review and approval. Notwithstanding any of the foregoing to the contrary, soil, sand, gravel or rock may be extracted upon written notice to but without further permission from Grantee, so long as such extraction is solely for use on the Property for non-commercial purposes, is in conjunction with activities permitted herein, is accomplished in a manner which is consistent with the purpose of this Easement, and does not substantially diminish or impair the Property's Conservation Values. Any such extraction shall be limited to an area less than one-half acre in size at any given time. Any area which is disturbed by extraction must be revegetated and restored to a natural condition promptly after completion of extraction. This Mining section of the Easement shall be interpreted in a manner consistent with § 170(h) of the United States Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto. Grantor may continue its historic practice of transporting sand and gravel from the East Gravel Source to other trails and roads on the Property. The right to extract sand and gravel from the East Gravel Source shall terminate if Grantor sells the Property to a person that is not related to William J. Grange or Martina Grange or their descendants, or spouses of such persons, or an entity which is majority-owned by such persons. In addition, Grantor may remove gravel from the West Gravel Source (which is actually an elevated mound) until the West Gravel Source is at grade level with the surrounding terrain. After gravel has been removed Grantor shall restore the West Gravel Source with top soil to support hay or native grasses. f. Paving and Road and Trail Construction. No portion of the Property outside the Reserved Building Envelopes shall be paved or otherwise covered with concrete, asphalt, or any other paving material, nor shall any road or trail be constructed without the prior written approval of Grantee and GOCO. Grantee shall give such permission within a reasonable time, unless Grantee determines that the proposed paving or covering of the soil, or the location of any road or trail, 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. Notwithstanding the above, each residential parcel may construct a 6 -foot wide unpaved horse and bike riding trail (the Horse/Bike Trails) to access the DRGW Bike Trail from the Reserved Building Envelopes. The Horse/Bike Trail locations are shown on Exhibit B. The actual location may vary depending upon where residences are constructed within the Reserved Building Envelopes, but the intent of this easement is that the Horse/Bike Trails will access the existing roads on the Property and that they will be as short as possible. Except for these Horse/Bike Trails that have not been constructed, the permitted roads and trails on the Property are set forth in Exhibit B. The Grantor may drive vehicles over all of the Property for agricultural purposes. The road that bisects the Agricultural Area and connects to the DRGW Bike Trail may be paved if necessary to accommodate agricultural activity. At the time the easement was granted, the parties assumed it would only be necessary to pave this road if large semi agricultural tricks transported fruits, vegetables, or other agricultural products from the Property and payment was necessary to prevent land degradation. g. Trash. The dumping or uncontained accumulation of any kind of trash or refuse on the Property, including but not limited to household trash and hazardous chemicals, is Grange Family Ranches, LLC Phase I Conservation Easement 7 strictly prohibited. Limited dumping or accumulation of agricultural equipment used for parts or other farm -related trash and refuse produced on the Property is permitted, provided that such dumping does not substantially diminish or impair the Property's Conservation Values, and is confined within a total area less than one-quarter acre in size at any given time. However, this shall not prevent the storage of agricultural products and by-products on the Property in accordance with all applicable government laws and regulations. h. Water Rights Included. 1) Grantor shall retain and reserve all water and Water Rights historically used on, associated with/or appurtenant to the Property, as further defined below, to protect the Conservation Values and shall pay all associated ditch assessments and charges. The "Property" includes any and all water and water rights beneficially used on the land as of the date this Easement is recorded, including, but not limited to, those described in Exhibit D that are owned by Grantor, and all ditches, headgates, springs, reservoirs, water allotments, water shares and stock certificates, contracts, units, wells, easements and rights of way owned by Grantor and associated therewith (the "Water Rights"). The Water Rights include surface water rights and groundwater rights, whether tributary, nontributary or not-nontributary, decreed or un -decreed, including, but not limited to, those water rights or interests specifically described on Exhibit D attached hereto. If water rights other than those enumerated on Exhibit D which were beneficially used on the land as of the date this easement is recorded are later identified, Grantor shall cooperate with Grantee to amend and re-record this Easement with such later identified rights added to Exhibit D. Similarly, if water rights enumerated on Exhibit D are later found not to be an accurate listing of those water rights which were beneficially used on the land as of the date this easement is recorded, Grantee shall cooperate with Grantor to amend and re- record this Easement with such corrections made to Exhibit D. The Parties agree that it is appropriate to include the Water Rights in this Easement pursuant to C.R.S. §38-30.5-102. 2) Permitted Water Right Uses. The Water Rights are included in this Easement to retain or maintain the Water Rights predominantly for agricultural, wildlife habitat, horticultural, wetlands, recreational, forest, uses permitted by this Easement (including reservoirs or other facilities for fighting fire, and the construction of new ponds or expansion of existing ones), or other uses consistent with the protection of open land, environmental quality or life-sustaining ecological diversity (the "Water Rights Permitted Uses"). The Water Rights are hereby dedicated and restricted to support, enhance and further the Water Rights Permitted Uses. The Water Rights Permitted Uses include, but are not limited to, the continuation of the historic use of the Water Rights on the Property. Grantor shall have the right to use and enjoy and improve the Water Rights on the Property consistent with historic practices and this Easement. As further provided in this Paragraph, Grantor shall have the right to maintain, repair, and if destroyed, Grange Family Ranches, LLC Phase I Conservation Easement 0 reconstruct any existing facilities related to the Water Rights (such as ditches, wells and reservoirs). Grantor may reconstruct any facility wherein the failure to reconstruct could result in a loss of water rights. Pumps and other facilities for the use of the Water Rights on the Property are permitted. Grantee may request that Grantor allow use of the water rights for augmentation of the instream flows in the Roaring Fork River, to facilitate a legally recognized emergency water loan or other agreement. Grantor may, in its sole discretion, allow such use which shall be deemed consistent with the Permitted Water Rights Uses. 3) Restrictions on Water Rights. The Water Rights may never (i) be changed to or used for municipal, industrial, commercial or any other new uses (except for uses permitted by this Easement, and limited residential uses), (ii) be changed for use other than on the Property, (iii) be sold, leased, encumbered separately from the Property or otherwise legally separated from the Property, or (iv) have their points of diversion, or their type or place of use within the Property changed, except for an emergency water loan or other legally recognized agreement to augment instream flows in the Roaring Fork River, or after a written determination by Grantee that such changes are consistent with the Conservation Purposes, except in the event that such water rights are subject to an involuntary transfer, in which case the provisions of Paragraph 19 (Condemnation or Other Extinguishment) shall apply. Grantor shall not construct, or permit others to construct, any new water diversion or storage facilities upon the Property except as may be needed for fire suppression, continued agricultural operations, and the limited residential uses permitted by this Easement, and shall not develop any conditional water rights for use on the Property, without the prior written approval of the Grantee, except for maintenance, replacement and repair of those ditches and related structures existing as of the date this easement is recorded, including those serving other properties. The use of alternative irrigation systems or technologies which enhance water use efficiency shall not be deemed a restricted change of "use" under this paragraph provided that water savings that may result be used for the Water Rights Permitted Uses as provided in this paragraph. 4) Protection of Water Rights. The intent of the Parties is that Grantor will continue the historic use of the Water Rights on the Property, including water usage related to uses permitted by this Easement. Grantor shall provide Grantee annually a report on the nature and extent of use of the Water Rights on the Property during the prior year, including any report submitted to the State or Division Engineer or local water commissioner. If Grantor fails to maintain the historic use of the Water Rights, including water usage related to uses permitted by this Easement, or the Water Rights are otherwise subject to a threat of abandonment, Grantee shall have the right, but not the obligation, to (i) enter upon the Property and undertake any and all actions reasonably necessary to continue the use of the historic Water Rights, or (after 90 days written notice to Grantor) to (ii) seek to change the Water Rights to another Permitted Use. Grange Family Ranches, LLC Phase I Conservation Easement 5) Effect of Loss. No loss of any or all of the Water Rights through injury or abandonment, or conversion of the Water Rights as set forth above, shall be considered a severance or other transfer of the title to the Water Rights from the Property for federal or state tax or other purposes. i. Motorized Vehicles. Motorized vehicles may be used for agricultural production and management consistent with reasonable and customary agricultural practices. Other use of motorized vehicles may be conducted only in a manner that does not substantially diminish or impair the Conservation Values of the Property. Recreational use of off road vehicles, and off road vehicle courses for snowmobiles, all -terrain vehicles, motorcycles, or other motorized vehicles is prohibited. j. Commercial or Industrial Activity. No industrial uses shall be allowed on the Property. Commercial uses are allowed, as long as they are conducted in a manner that is consistent with § 170(h) of the United States Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto, are consistent with the purposes of the Easement, and do not substantially diminish or impair the Property's Conservation Values. Without limiting other potential commercial uses that meet the foregoing criteria, the following uses are allowed: 1) producing, processing or selling plants, animals, or other farm or ranch products that are predominantly grown or raised outdoors on the Property, including forages, grains, feed crops, field crops, berries, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, and other similar uses and activities; 2) breeding and grazing livestock, such as cattle, horses, sheep, swine, and similar animals, including seasonally confining livestock equivalent to no more than 200 cows and calves into a corral or other small area for feeding, and/or leasing pasture to third parties for grazing livestock; 3) customary rural enterprises, such as farm machinery repair, livestock veterinary services, and 4) home occupations or similar enterprises conducted by and in the home of a person residing on the Property. 5) Dig a hole to bury deceased cattle. The foregoing descriptions of allowed commercial uses notwithstanding, feed lots and other intensive growth livestock farms, such as swine or poultry farms, are inconsistent with the purposes of this Easement and are prohibited. Examples of prohibited commercial agricultural uses are: commercial feedlots (which shall mean an enclosed area where livestock is fed and fattened for commercial slaughter as opposed to the grazing of livestock on growing Grange Family Ranches, LLC Phase I Conservation Easement 10 vegetation in open fields or pastures, but excludes winter feeding of livestock), meat or poultry processing facilities, sawmills or logging operations or facilities, agricultural products wholesale or retail outlets except those selling products produced on the Property, concentrated animal feeding operations and other similar intensive agricultural uses, provided, however, that dairy farming is allowed not to exceed 100 cows. k. Si nap -e or Billboards. No commercial signs, billboards, awnings, or advertisements shall be displayed or placed on the Property, except for appropriate and customary ranch or pasture identification signs, "for sale" or "for lease" signs alerting the public to the availability of the Property for purchase or lease, "no trespassing" signs, signs regarding the private leasing of the Property for hunting, fishing or other low impact recreational uses, and signs informing the public of the status of ownership. No signs shall significantly diminish or impair the Conservation Values of the Property. Grantee shall erect one or more signs visible from the Rio Grande Trail identifying GOCO's Grant and investment in this Property to the public. 6. Land Management. To facilitate periodic communication between Grantor and Grantee about management issues that may impact the Property's Conservation Values, the Property shall be operated and managed in accordance with a land management plan (the Agricultural Management Plan, included as Exhibit F) prepared by Grantor and provided to Grantee, which plan shall be initially agreed upon within one year of the date of this Easement and shall be updated at least every five years. 7. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantors to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purpose of this Easement. Whenever notice is required, Grantors shall notify either Grantee in writing not less than sixty (60) days prior to the date Grantors intend 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. 8. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantors' 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. 9. Enforcement. If Grantee finds what it believes is a violation of this Easement, Grantee shall immediately notify Grantor and GOCO 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 clause (b) above occurs, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this Grange Family Ranches, LLC Phase I Conservation Easement t t difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. 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 that 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. 10. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor. If Grantors prevail in any action to enforce the terms of this Easement, Grantor's costs of suit, including, without limitation, attorneys' fees and expenses, shall be borne by Grantee. 11. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Pitkin County, Eagle County, the Town of Basalt or Aspen Valley Land Trust to exercise their individual or collective 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. 12. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription, including any defenses available under C.R.S. § 38-41-119, et seq. 13. Acts Bevond 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. Access. No right of access by the general public to any portion of the Property is conveyed by this Easement. However, the Grantor has conveyed separate public trail easements along the eastern and northern edges of the pasture adjacent the Roaring Fork River, and nothing in this easement shall limit access by the public within those trail easements, provided, however, that such public access shall have adequate fencing to restrain dogs from venturing onto agricultural fields. Grange Family Ranches, LLC Phase I Conservation Easement t2 15. Costs 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 weed control and eradication and including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall take reasonable steps to keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 16. 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. Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon e.g., three (3) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor at the lesser of the prime rate of interest from time to time charged by a bank selected by Grantee or the maximum rate allowed by law. 17. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, 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, unless and to the extent due to the negligence of any of the Indemnified Parties; (2) the obligations specified in Paragraph 9 (Enforcement) herein; and (3) the presence or release of hazardous or toxic substances on, under or about the Property. For the purpose of this paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance that is regulated under any federal, state or local law. Without limiting the foregoing, nothing in this Deed shall be construed as giving rise to any right or ability in Grantee or GOCO, nor shall Grantee or GOCO have any right or ability, to exercise physical or managerial control over the day-to-day operations of 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. Grantor has an underground fuel storage tank and an above ground fuel storage tank at the locations indicated on Exhibit E and, to the best of Grantor's knowledge, neither is leaking nor has leaked in the past. 18. Real Property Interest. This Easement constitutes a real property interest immediately vested in Grantee. The parties stipulate that this Easement has a fair market value equal to the percentage established by an appraisal of the conservation easement prepared no later than October 15, 2008, and attached to the Grantor's 2007 income tax return, with values finally accepted by the IRS in the event the easement deduction is audited) of the full fair market value of the Property, as unencumbered by the Easement, on the date this Easement is first Grange Family Ranches, LLC Phase I Conservation Easement 13 recorded. The values at the time of this Easement shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Grant, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations adopted pursuant thereto, whether or not Grantor claims any deduction for federal income tax purposes. For the purposes of this Easement, the ratio of the value of the Easement to the value of the Property as unencumbered by the Easement shall remain constant. 19. Condemnation or Other Extinguishment. If this Easement is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances arise in the fixture that render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party and GOCO in writing when it first learns of such circumstances. Grantee shall be entitled to compensation in accordance with applicable law, after the satisfaction of prior claims, from any sale, exchange, condemnation, or other involuntary or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment. Grantee's compensation shall be an amount equal to the Easement value percentage listed in Paragraph 18 above, multiplied by the amount of the full proceeds from any sale, exchange, condemnation, or other involuntary or voluntary conversion of all or a portion of the Property. GOCO shall be entitled to receive sixteen percent (16%) of Grantee's compensation. Grantee shall promptly remit GOCO's share of these proceeds to GOCO. Grantee shall use its proceeds in a manner consistent with the conservation purposes of this Easement and as otherwise provided in the Intergovernmental Agreement between the Grantees, recorded in the official records of Pitkin County at Reception # 19(a). Appraisal information necessary to complete paragraph was not available on the effective date of this conveyance. The parties hereto agree that this easement will be re-recorded with the requisite appraisal information, as soon as that is available. Parties further agree that to enter a percentage for GOCO in paragraph 19 above that is equal to a fraction determined by dividing that portion of GOCO's Grant attributable to the fair market value for the Easement (or for the Property, if GOCO is assisting with the fee title acquisition) by the fair market value for the Easement or Property, as appropriate to the grant purpose, i.e., whether GOCO is awarding funds to help acquire fee title or an easement interest. 20. Assi nment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that (a) is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, (b) is authorized to acquire and hold conservation easements under Colorado law, (c) agrees to assume the responsibility imposed on Grantee by this Easement, and (d) is approved in writing as a transferee by GOCO in its sole discretion. Grantee shall provide GOCO with a written request to assign the Easement at least forty-five (45) days prior to the date of the assignment transaction. GOCO may disapprove of the transfer for any reason, including but not limited to, the holder's desire to sell its interest in the Property. Grange Family Ranches, LLC Phase I Conservation Easement 14 a. GOCO shall have the right to require Grantee to assign its rights and obligations under this Easement to a different organization if Grantee ceases to exist or for any reason fails or refuses to enforce the terms and provisions of this Easement. If Grantee ceases to exist prior to an assignment of this Easement, then the Easement shall automatically revert to an organization designated by GOCO that is (a) a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulation promulgated thereunder; and (b) authorized to acquire and hold conservation easements under Colorado law. b. If Grantee desires to transfer this Deed to a qualified organization having similar purposes as Grantee, but Grantor or GOCO has refused to approve the transfer, a court with jurisdiction shall transfer this Deed to another qualified organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed, provided that Grantor and GOCO shall have adequate notice of and an opportunity to participate in the court proceeding leading to the court's decision on the matter. 21. Subsequent Transfers. Grantor shall incorporate the terms and conditions of this Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, except conveyance of a leasehold interest that is no longer than one year in duration, and is otherwise consistent with the terms of this Easement. Grantor further agrees to give written notice to Grantee and GOCO of the transfer of any interest at least forty- five (45) 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. 22. Notices. Any notice, demand, request, consent, approval, or communication that either party or GOCO is required to give to the other in writing shall be either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Grange Family Ranches, LLC c/o Billy Grange 408 W. Cody Lane Basalt, CO 81621 Phone: 970-927-3346 Fax: 970-927-5010 with a copy to: Ken Ransford, Esq., CPA Ken Ransford, P.C. 132 Midland Ave., Suite 3 Basalt, CO 81621 Grange Family Ranches, LLC Phase I Conservation Easement 15 Phone: 970-927-1200 Fax: 970 927-1300 To Grantee: Pitkin County Board of County Commissioners Attention: Dale Will, Director Pitkin County Open Space and Trails 530 E. Main St. Aspen, CO 81611 Phone: 970-920-5203 Fax: 970 920-5198 With a copy to: John Ely, Pitkin County Attorney 530 E. Main St. Aspen, CO 81611 Phone: 970-920-5190 Fax: 970 920-5198 and Aspen Valley Land Trust 320 Main St. Suite 204 Carbondale, CO 81623 Phone: 970-963-8440 Fax: 970-963-8441 and Eagle County Eagle County Board of County Commissioners 500 Broadway, PO Box 850 Eagle CO 81631-0850. Phone: 970-328-8612 Fax: 970 328-8699 With a copy to: Bryan Treu, Esq. Eagle County Attorney 500 Broadway, PO Box 850 Eagle CO 81631-0850 Grange Family Ranches, LLC Phase I Conservation Easement In Phone: 970-328-8685 Fax: 970 328-8699 and Town of Basalt Attn: Town Manager 101 Midland Avenue Basalt, CO 81621 Phone: 927-4701 Fax: 927-4703 With a copy to: Tom Smith, Esq. 600 E Hopkins Ave. Aspen, CO 81611 Phone (970) 925-4600 Fax: (970) 925-4720 and Great Outdoors Colorado Executive Director State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway, Suite 1650 Denver, CO 80202 or to such other address as the parties or GOCO from time to time shall designate by written notice to the other. 23. Grantor's Title Warranty. Grantor warrants that Grantor has good and sufficient title to the Property and hereby promises to defend the same against all claims from persons claiming by, through, or under Grantor. 24. Subsequent Liens on the Property. No provisions of this Easement shall be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing would be subordinated to this Easement. 25. Recording. 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. Grange Family Ranches, LLC Phase I Conservation Easement 17 26. General Provisions. a. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. b. 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 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 the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. C. 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. d. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Joint Obligation. If more than one owner owns the Property at any time, the obligations imposed by this Easement shall be joint and several upon each of the owners. g. Non -Merger. No merger shall be deemed to have occurred hereunder or under any documents executed in the future affecting this Easement, unless the parties expressly state that they intend a merger of estates or interests to occur and the parties have also obtained the prior written consent of GOCO approving such merger of estates or interests. h. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. i. Termination of Rights and Obligations. Provided that a transfer is permitted by this deed a party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. j. 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 Grange Family Ranches, LLC Phase I Conservation Easement 18 construction or interpretation. k. No Third Party Beneficiaries. This Easement is entered into by and between Grantor and Grantee, and is solely for the benefit of Grantor, Grantee, and GOCO and their respective successors and assigns for the purposes set forth herein, and does not create rights or responsibilities in any third parties beyond Grantor, Grantee, and GOCO. 1. Amendment. If the circumstances arise under which an amendment to or modification of this instrument would be appropriate, Grantor and Grantee are free to jointly amend this instrument; provided that no amendment shall be allowed that will affect the qualifications of this Easement under any applicable laws; and provided, further, that the prior written approval of GOCO shall be required. 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 records of the Clerk and Recorder of the County in which the Property is located. M. Change of Conditions. A change in the potential economic value of any use that is prohibited by or inconsistent with this Easement, or a change in any current or future uses of neighboring properties, shall not constitute a change in conditions that makes it impossible or impractical for continued use of the Property for conservation purposes and shall not constitute grounds for terminating the Easement. n. Termination of LOCO. In the event that Article XXVII of the Colorado Constitution, which established the State Board of the Great Outdoors Colorado Trust Fund, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. o. Land Use Approvals. Nothing contained herein is intended to constitute a regulatory permit or similar approval for any activity subject to the land use jurisdiction of Pitkin County, Eagle County, or the Town of Basalt, or other responsible agency. Grantor acknowledges that the exercise of rights reserved herein may require land use approvals. It is the Grantor's responsibility to apply for such approvals, which will be evaluated under all applicable laws. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. Grange Family Ranches, LLC Phase I Conservation Easement IJ 9/6/2007 IN WITNESS WHEREOF Grantor and Grantee have executed this Deed of Conservation Easement on the day and year first written above. GRANTOR: GRANGE FAMILY RANCHES, LLC By: 611) !' t ti ,� 'T Gid `7 William J. range Dat STATE OF COLORADO ) )ss. COUNTY OF EeA-e. ) The foregoing document was acknowledged before me ony William J. Grange, as Manager of Grange Family Ranches, LLC, as Grantor. Witness my hand and official seal. My commission expires: C'M , 3--% EM Not Publi LIP!^�%-1 A ARY 1 UKIC GRANTEE: OF C BOARD OF COUNTY QQMMISSIONERS OF PITKIN COUNTY, Colorado, a body orporate and By: Michael M. OwsT, Board of County I f Pitkin County, Colorado STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing document was acknowledged before me on c • �, ]W by Michael M. Owsley, Chair of the BOARD OF COUNTY COMMISS ONERS OF PITKIN COUN�iip!�Tlcci 4�o, a�b/o�dy corporate and politic. Witness my hand and official seal. My COl�ilk�l�ii•6X�a'g,S�fi_ "`l C01I1Jll�SSi0Y1 �Y9f7eS ollti '11,wfe of o 'f,1!1110 0�♦♦ Grange Family Ranches, LLC Phase I Conservation Easement 20 9/6/2007 Rec ended for A p al: Dale Vill, Director, Open Space and Trails BOARD OE4--OTY COMMISSIONERS OF EAGLE COUNTY, Colorado, a body coi orate politic By Title: of the Board of County Commissioners of Eagle County, Colorado STATE OF COLORADO ) • `t )ss. D. FILLINIG', AM COUNTY OF EAGLE ) NOTARY 1'ilfaLiC STATE OF COLOPk[30 The foregoing document was acknowledged before me on , by of the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, Colorado, a body corporate and politic. Witness my hand and official seal. My commission expires: QA, lol l is TOWN OF BASALT, Colorado Leroy Duroux, Mayor Town of Basalt STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing document was acknowledged before me on , by Leroy Duroux, Mayor of the TOWN OF BASALT, Colorado. Witness my hand and official seal. My commission expires: Grange Family Ranches, LLC Phase I Conservation Easement 21 9/6/2007 Notary Public GRANTEE: ASPEN VALLEY LAND TRUST, a Colorado not-for-profit corporation Martha Cochran, Executive Director STATE OF COLORADO ) )ss. COUNTY OF The foregoing document was acknowledged before me on '44,"� , by Martha Cochran as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, Grantee. Witness my hand and official seal. My commission expires: otary Pu is ETD. ARY 1 U�:i..sC OF COLGRADO Grange Family Ranches, LLC Phase 1 Conservation Easement 22 Exhibit A Parcel B: Grange Ranch Conservation Easement Phase I A parcel of land situated in Tract 61, also being situated in Section 7, Township 8 South, Range 86 West and Section 12, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly described as follows: . Beginning at a point, whence Corner No. 5 of Tract 61 bears South 00'24'17" East 2128.40 feet; thence South 00'55'14" East 210.33 feet; thence 137.50 feet along the are of a non-tangental curve to the right having a radius of 703.50 feet, a central angle of 11°11'56" and subtending a chord bearing of South 74°35'09" East 137.29 feet to a point in a fence line; thence along said fence line the following courses: South 73°41'27" East 154.77 feet; thence 255.24 along the are of a non-tangental curve to the left, having a radius of 394.74 feet,. a central angle of 37°02'51" and subtending a chord bearing of South 88°27'45" East 250.82 feet, thence North 75139'33" East 73.34 feet; thence North 73°46'30" East 126.53 feet; thence North 72°28'29" East 166.03 feet to the northwesterly corner of the Basalt Sanitation District Parcel described in Book 215 at Page 65; thence along the boundary of said parcel the following nine courses: South 24°31'40" East 330.00 feet; thence North 86°00'01" East 624.78 feet; thence South 29°20'25" East 62.19 feet; thence North 86°00'00" E 39.49 feet; thence South 30°42'32" East 74.03 feet; thence South 62'36'10" East 125.32 feet; thence North 13°29'06" West 419.44 feet; thence North 04°00'00" West 103.96 feet; thence North 67°03'27" West 84.52 feet; thence departing said parcel along a fence line North 09°4945" East 80.80 feet; thence South 80143'08" East 312.87 feet; thence North 89°01'43" East 105.24 feet; thence South 58°23'53" East 28.86 feet; thence North 88° 15'l 4" East 117.03 feet; thence South 63°14'44" East 148.59 feet; thence South 72°31'35" East 239.66 feet; thence departing said fence line South 00°19'02" West 682.13 feet to a point on the northerly right of way line of Highway 82 as described in Book 560 at Page 398; thence along said right of way the following courses: North 8912'54" West 125.96 feet; thence North 89'12'5V West 478.80 feet; thence South 00°15'24" E 50.00 feet; thence South 89'44'36" West 100.00 feet; thence South 84°44'06" West 114.70 feet; thence North 84°50'54" West 379.50 feet; thence North 75°01'24" West 166.30 feet; thence North 66'08'54" West 61.30 feet; thence North 71 °01'44" West 124.00 feet; thence North 70°48'24" West 66.70 feet; thence North 75030'24" West 75.20 feet; thence North 89006'54" West 9.40 feet; thence North 68059'24" West 74.00 feet; thence North 69°01' 19" West 95.20 feet; thence North 73°17'54" West 338.70 feet; thence 445.72 along the arc of a curve to the left, having a radius of 1263.90 feet, a central angle of 20°12'21" and subtending a chord bearing of North 88041'11" West 443.41 feet; thence departing said right of way line North 01'39'46" East 41.33 feet; thence North 00°55'14" West 329.95 feet to the Point of Beginning. Along with: A parcel of land situated in Tract 62 and Tract 61, also being situated in Section 7 and Section 18, Township 8 South, Range 86 West of the Sixth Principal Meridian, County of Eagle and Pitkin, State of Colorado and being more particularly described as follows: Beginning at AP 7 of said Tract 62 a 31/4" Aluminum Cap L.S. 13155, thence along the Southerly line of said Tract 62 South 89047'24" West 1386.78 feet to AP 6 of said Tract 62 a brass cap found in place; thence North 8727'13" West 1206.75 feet to AP 5 of said Tract 62 a brass cap found in place; thence North 00°00'00" East 1300.70 feet to AP 4 of said Tract 62; thence South 89°21'00" West 1377.82 feet to AP 5 of said Tract 61 a brass cap found in place; thence North 00°05'47" East 1318.77 feet to AP 4 of said Tract 61; thence South 89°43' 52" West 25.88 feet to a No. 5 rebar found in place; thence North 01 143'52" East 224.03 feet to a point on the southerly right of way line of Highway 82 as described in Book 560 at Page 398; thence along said right of way line the following courses: North 79°08'36" East 32.08 feet; thence North 86°48'36" East 218.60 feet; thence South 76°28'54" East 467.00 feet; thence South 72° 10'24" East 3 60.3 0 feet; thence South 74140'24" East 419.30 feet; thence South 84°10'24" E 340.20 feet; thence North 70°26'36" East 12 1. 10 feet; thence South 89°18'24" East 600.10 feet; thence North 88°47'06" East 600.10 feet; thence North 85°10'06" East 100.30 feet; thence North 89°44'36" East 370.00 feet; thence South 85°34'24" East 247.00 feet; thence North 00°59'54" West 46.40 feet; thence South 89142'24" East 128.87 feet; thence departing said Southerly right of way line South 00°51'00" East 2612.62 feet to the Point of Beginning. Excepting therefrom that portion of the Grange Ranch lying southerly of the Rio Grande Right of Way as depicted on survey recorded September 6, 2007 in Plat Book 84 at Page 90 as Reception No. 541725 in the official records of Pitkin County. Counties of Eagle and Pitkin, State of Colorado • tit eON Vol� F a 4 h� AbWhVM g t iI 0 o ��� t � r� � ` � off_ •.a v \ f®r Ila Cb 47 E t; o / 6 � �pt! a � it O aft *1141 Flat � Op � t a� xa��t as�,� �p�i$$ �a�� t r �r��e� �i_w � t' � �►a �' F � Mef 11p ���� a ��i�i! ��d � tja t �•r ' p4tB t ; . �•� o 'C1 t1 s -4- 6p C-- The primary purpose of the conservation easements on the Grange Family Ranch and Grange River Parcel is to preserve, in perpetuity, conservation elements including: • Plant communities. The plant communities on the easement properties are in very good condition. The Ranch easement property is primarily agricultural in nature. Consequently, it is dominated by a single plant association — irrigated hay field. These fields are in excellent condition and consist primarily of annual and perennial non-native hay grasses and alfalfa with one area dedicated to a rotated grain crop. The irrigated hay fields on the easement properties are very well managed and are virtually devoid of noxious weeds. Irrigation ditches on the Ranch support riparian and wetland plant communities. Native Two -needle Pinyon - Juniper/Mountain Big Sagebrush Woodland and Gambel Oak -Mixed Montane Shrubland occur on the lower slopes of Light Hill above the Grace & Shehi Ditch. In addition, a Coyote Willow/Mesic Graminoids Seasonally Flooded Wetland occurs at the southwest corner of the Ranch on both sides of the Rio Grande Trail. The portion of the Ranch north of SH -82 is occupied by a mix of native riparian woodland, mixed graminoid wetlands, and hay fields. Growing in a relatively narrow band on and adjacent to the Roaring Fork floodplain is a Narrowleaf Cottonwood / Thinleaf Alder Riparian Woodland. This plant association is ranked vulnerablel at the state and global level (G3/S3) by CNHP. A complex of naturally occurring wetlands and wet meadows augmented by irrigation wastewater occurs throughout the north side of the Ranch. These hydrophytic plant associations include beaked sedge / mixed graminoids wet meadow, hardstem bulrush marsh, arctic rush wet meadow. A stand of greater yellow lady's-slipper, an orchid considered imperiled (G5/S2) in Colorado by CNHP, occurs within the Roaring Fork River riparian area on the Ranch. Coyote willow is the most common willow species in the mesic areas of this portion of the Ranch. Wildlife Habitat. Conservation of this property will ensure the long-term protection of habitat for a diversity of wildlife. The irrigated hay fields on the easement properties provide grassland habitat for open field loving birds such as mountain bluebirds, vesper sparrows, western kingbirds, and western meadowlarks; insects such as northern. checkerspot and common ringlet butterflies; as well as mule deer and wintering elk. Small mammals such as long-tailed and montane voles and dwarf shrews thrive on the easement properties and in - turn provide food for predatory birds such as American kestrels, northern harriers, and red- tailed hawks and carnivorous mammals such as bobcats, coyotes, long-tailed weasels, and red foxes. The property also provides habitat to a number of bat species including hoary bats, pale lump -nosed bats, and little brown myotis. The riparian habitat on the northern portion of the Ranch is particularly valuable wildlife habitat. Although riparian habitats represent less than 3% of the total acreage in Colorado, about 72% of all reptiles, 77% of all amphibian species, 80% of all mammals, and between 75 and 90% of all bird species which occur regularly in the Colorado Plateau region routinely use riparian areas for food, water, cover or migration routes. About 30% of the region's bird r Vulnerable - Vulnerable either because rare and uncommon, or found only in a restricted range (even if abundant at some locations), or because of other factors making it vulnerable to extirpation or extinction. Typically 21 to 100 occurrences. 2 Imperiled - Imperiled because of rarity or because of some factor(s) making it very vulnerable to extirpation or extinction. tiununary of(unsCt�;uion V;i1ue>: (;range I nmiI Rmich & (;game Ri\cr I'M CQI ( onacrc;uiurt I asctncnls lane _". 2007 species use wetlands and other aquatic areas to the exclusion of upland habitats. Birds strongly associated with cottonwood riparian woodland (e.g., American dippers, cedar waxwings, cordilleran flycatchers, Lewis's woodpeckers, song sparrows, and yellow warblers) and wetlands (e.g., red -winged and yellow -headed blackbirds, and killdeer) and waterfowl such as cinnamon teal, gadwalls, and mallards are common on the northern portion of the Ranch. The structurally and vegetationally diverse riparian habitat supports a rich assemblage of small mammals and an active beaver lodge. • Aericulture. The easement properties are part of an active cattle ranch and support approximately 100 cow -calf pairs October through May. The Ranch produces grass and alfalfa hay as well a rotated grain crop of wheat and oats. • Open Space. Open space in Roaring Fork Valley is being lost to residential and commercial development at an accelerating rate. Conservation of the easement properties helps to maintain a valuable open space resource and preserves an important exurban greenbelt. • Scenic. Protection of this conservation easement will preserve an important viewshed for numerous recreationists using the Rio Grande and Emma Trails and thousands of motorists traveling along SH -82 and Two Rivers Road. • Historic. This cattle ranch began operation in the 1890s. Some of the original ranch structures frorn that period remain in use to this day. The main ranch house was constructed in 1899 and still serves as the primary family residence. • Other. The Ranch contains a portion of the Light Hill Potential Conservation Area. A PCA represents CNHP's best estimate of the land area necessary for the long-term survival of targeted ecological elements. A full description of the Crown Mountain PCA is included in the conservation easement baseline and present condition report. COLORA110 WILDLIH SCIENCE, LLC EXHIBIT D Water Rights The following are well permits and irrigation ditches held with the land. Well Date Priority Case W-1132 Decree 12 Nov 1972 1 April 1900 Case W-1121 Decree 22 Nov 1972 1 June 1954 Permit 5-49-026304 30 Jan 1966 Permit 5-49-036581 24 Feb 1969 Permit 5-49-040486 16 Mar 1970 CFS 0.11 0.11 50 Gal/Min (GPM) 10 GPM 10 GPM Irrigation. Ditches Home Supply Ditch 3.39 cubic ft/second (CFS) Right of way through property Forker Ditch 7.2 CFS Terminates on property Grace and Shehi Ditch 4.32 CFS Terminates on Property EXHIBIT E Location of underground storage tank and above -ground storage tank I I I p` -T 1110 w D Sia 1096+65 Rt. - Usting Rd App. to be closed �p14CA: I9Dca ID cgzoQ am z -i N � A N N IV a FEDERAL ROAD DIVISION PROD. NO SHEET NO TOTAL SHEETS REGION NO COLORADO RO 082-1(6) SCC.3 6 10 RIGHT 0r WAY BASALT BYPASS, i I _ II II 1-22-86 Rev 316 a TE -316C JWJ 8 2Cr86 Add TE 316 D 8s TE 316E IJWJ 1g -A-86 lAdd towa. rt. Stu. 1097+ iiwi 6-15-87 Det. TE -316C Rev,2 - AddTE-316CI,TE-316C2, and JAG 12-14-87 Del. TE -316D !ri T E=316 E JAO ____---_._--=^'.i •t7rWMla ME 5.19 2�2 -11027' Rt 6S=8000 Ts=433.W Ls=325.03 Co' P II'Q7.7° L.T.--21691' ct La 4°55�1.� S.T.=108.54' ss�� Lc=20691, 082-16 Sec. 2, 6 x=11 -9 ,o 3 TRACT 45 a o CS U4 NE I%4, Sea 8SW V4 E I/4, S77? to 7; 47 B_ N N 1— t td � N + Gp 0 N - O d 39.3' U. W + 115+41.2 --� I-^ �\ N 562,000 I u io TE 3178 a ry —`'-- N 77001 [N. t Q 317 46 Exhibit F: Agricultural Management Plan 1. Agriculture. The Property is currently used for the following agricultural activities, which are more fully described in the Baseline Documentation: grazing of cattle, growing and harvesting of hay, and occasionally other crops such as oats. Historically the Property has been used for cattle grazing and to grow and harvest hay. Between 200 and 275 head of cattle graze on the ranch for about a month between May 15 and December 1 each year; during the rest of this time, most of the cattle are moved to other pastures. Between December 1 and May 15, the cattle are sequestered in a fenced pasture in the northeastern part of the property that is approximately 25 acres in size. Approximately 225 acres of the Property are irrigated. Grantor retains the right to use the Property for agricultural production, or to permit others to use the Property for agricultural production (including agricultural leases), as provided herein. Agricultural production has historically meant the production of crops, hay, livestock, and livestock products, and pasturing and grazing of cattle, horses and/or other livestock. In the future, agricultural production can also mean the production of vegetables, fruits, whether grown outside or in a greenhouse, and nursery products such as trees, ornamental shrubs, and decorative plants. 1.1 Preserve Agricultural Productivity. It is the intention of Grantor to preserve the ability of the Property to be agriculturally productive, including continuing agricultural activities, to engage in future agricultural activities, and to preserve the rural character, wildlife habitat, and scenic qualities of the Property. Grantor recognizes the importance of good resource management and stewardship to present and future generations. The current agricultural use of the Property and its current improvements (as recorded in the Baseline Inventory) are consistent with the Conservation Purposes. Such uses may be reasonably expanded and improved, including the implementation of new management techniques. However, nothing in this Easement shall be construed to require Grantor to continue the current, or any other, agricultural use of the Property. 1.2 Sound Management All agricultural operations on the Property shall be conducted using sound management, and in a manner not wasteful of range and soil resources, or detrimental to water quality and conservation, stream banks, riparian habitat, or wildlife habitat. Grantor recognizes that riparian systems associated with both running and standing water are particularly important to the ecological health of the Property in so far as riparian vegetation captures sediment, and provides forage, habitat and bio -diversity. Water quality is improved or maintained. Stable soils store and release water slowly. Grantor therefore will manage livestock grazing to ensure that stream banks and riparian vegetation are not degraded. Specifically, grazing will be limited in these areas as needed to ensure that native vegetation maintains adequate diversity, density, and cover. Grantee recognizes that unforeseen natural events, unanticipated personnel problems, etc., may result in temporary maintenance problems. Grantee will work with Grantor to find mutually acceptable solutions when such unanticipated events occur. Notwithstanding the foregoing, the Grantee agrees that the current management of the Property for all current agricultural operations is acceptable and consistent with the Conservation Purposes. 1.2.1 Erosion Control. Grantor will undertake reasonable efforts on the Property to control erosion along trails, roads, irrigation ditches, cultivated fields, and other disturbed areas. 1.2.2 Best Management Practices. To insure that livestock use can be maintained in a sustainable manner, grazing of livestock on the Property will be managed to allow plants to have adequate recovery and re -growth periods and opportunity for seed dissemination and seedling establishment using best management practices including, but not limited to the following: s (a) Summer grazing shall not commence until the brome is at least six (6) inches tall; (b) During grazing periods at least one-half (1/2) of the grass shall be left growing; (c) Native willows and associated vegetation will be maintained along both sides of streams wherever they grow naturally, except at designated crossings and watering holes. There is a fence along the northern boundary that is adjacent to the Roaring Fork River, and which prevents cattle from accessing the river and its associated vegetation. This preserves the native willows and associated vegetation along the Roaring Fork River. However, the cattle can graze on willows and other vegetation that grow in the pastures. (d) Where livestock are found to cause significant degradation of the stream banks, erosion, or are impacting the diversity and regeneration of native vegetation, Grantor will fence the riparian areas to restrict such grazing unless Grantor and Grantee alternatively agree on a plan to reduce stocking rates and/or modify grazing timing or duration to reverse and repair such degradation. If the Grantee and Grantor do not agree on such alternative grazing management plan, and if Grantor does not fence according to this paragraph, Grantee may enter the property to erect such fencing at Grantor's expense. (e) The pastures on the north side of Highway 82 become saturated at times, and cattle significantly impact these areas. This is a permitted agricultural practice. 1.2.3 If Agricultural Practices Are Discontinued. If, in the future, agricultural operations cease, Grantor agrees to reseed any heavily disturbed areas with appropriate native vegetation to prevent the spread of noxious weeds and to provide forage and habitat for wildlife. The Parties agree that agricultural operations may resume at any time. 1.2.4 Other Buildings and Structures Prohibited. The construction of any building or other structures or improvements on the Property, except those expressly permitted herein, is prohibited. Agricultural buildings such as hay sheds, machine and equipment sheds, animal sheds, barns, and greenhouses are permitted within the Building Envelopes, and in other locations as are approved by the Grantee in its reasonable discretion, as being in compliance with the Conservation Purposes. The fifteen thousand (15,000) square feet of additional agricultural structures (New Agricultural Buildings) referenced in paragraph 5(b) must be constructed within Building Envelopes 1 through 3 if they are fully closed structures. (Fully closed structures are referred to here as Barns.) If New Agricultural Buildings have an open side or roof, they can be placed outside of the Building Envelopes. New Agricultural Buildings shall be in addition to the agricultural structures currently existing on the Property. Each Building Envelope can have one or more Barns that collectively total no more than 4,000 square feet per building envelope. The Barn uses shall be limited to the storage of agricultural products and agricultural equipment.