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HomeMy WebLinkAboutR98-085 Sopris Mesa Subdivision Preliminary Plan • of k Commission moved adoption of the following Resolution: RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 9 APPROVAL OF THE SUBDIVISION PRELIMINARY PLAN FILE NO: - SUP -00001 / Sopris Mesa Subdivision WHEREAS, on or about January 27, 1998 , the County of Eagle, State of Colorado, accepted for filing an application submitted by Jay McGarvey (hereinafter "Applicant ") for approval of the Subdivision Preliminary Plan for the Sopris Mesa Subdivision, File No. SUP -00001 ; and WHEREAS, on June 17, 1997, the Board of County Commissioners of Eagle County, Colorado, approved the Subdivision Sketch Plan for the Sopris Mesa Subdivision, File No. SUS - 00001 , subject to certain conditions; and WHEREAS, at its public hearing/hearings held May 7, 1998, the Planning Commission, based upon its findings, recommended approval of the proposed Subdivision Preliminary Plan, with certain conditions; and WHEREAS, a public hearing was held by the Board of County Commissioners of the County of Eagle, State of Colorado, on June 1. 19 98, to consider this Preliminary Plan application; and WHEREAS, based on the evidence, testimony, exhibits, study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of • • Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado, finds as follows: 1. That proper publication and public notice was provided as required by law for the hearing before the Planning Commission and the Board of County Commissioners. 2. That information required by the Board of County Commissioners at Sketch Plan is applicable. 3. That the proposed Preliminary Plan is in conformance with the Sketch Plan and that the proposed subdivision conforms to all applicable regulations, policies and guidelines. 4. That comments and recommendations from the agencies listed in the Eagle County Land Use Regulations, Section 2.17.02(1), have been considered. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, subject to the conditions set forth below, the application submitted by Jav McGarvey for approval of a Preliminary Plan for the Sopris Mesa Subdivision be and is hereby approved for the following described parcel of land: EXHIBIT A THAT, the following conditions are hereby placed upon this approval: 1. The Conservation Easement of the Central Ranch(EXHIBIT B) shall be signed and placed into escrow with the Aspen Valley Land Trust upon the Board of County Commissioners' approval of the Preliminary Plan for Sopris Mesa Subdivision. This escrow will be released when the Final Plat is recorded, and the Conservation Easement accepted by the Land Trust at the time of Final Plat recording. Additionally, a plat note referencing the lustering option used with the zoning of Sopris Mesa Subdivision as it relates to the conservation easement must appear on the final plat. 2. The pedestrian/equestrian trail, as submitted on the Preliminary Plans of Sopris Mesa by the applicant at Preliminary Plan, be dedicated on the final plat. • • 3. The existing pond on Lot 15 should remain in place as it exists with no fill or other modification. If the outlet structure must be modified to conform to the requirements of the drainage plan, the invert elevation of the outlet from the pond must be set no lower than the elevation of the existing outlet pipe. 4. A final analysis of the possibility of wetlands on the site must be completed prior to submitting the application for Final Plat approval. Amendments to the grading and drainage plan made necessary by the existence of wetlands must be completed prior to submitting the application for Final Plat approval. 5. An agreement or permit to construct the improvements proposed to be within the Public Service Company of Colorado easement must be executed prior to submitting the application for Final Plat approval. 6. An easement agreement to permit grading and construction of the foundation of the . proposed 120,000 gallon steel water tank must be executed and filed of record prior to submitting the application for Final Plat approval. 7. This subdivision is subject to a $1000 per lot off -site road impact fee, or fees resulting from the new off -site road impact fee structure based on Traffic Analysis Zones (TAZ) to be adopted later this year. The off -site road impact fees, based on the method of calculation in effect at the time of Final Plat submittal, must be paid at the time of submittal of the Final Plat application. 8. The locations of all watercourses, dry washes, water bodies, springs, or wetlands must be shown on the Final Plat plans as required by Section 2.17.01.4.d of the Regulations prior to submitting the application for Final Plat approval. 9. Noncombustible `class a' roofs are required on all homes within the subdivision. Additionally, all homes are required to have adequate defensible space, as defined by the Basalt & Rural Fire Protection District. 10. A Subdivision Improvements Agreement (SIA) must be submitted with the Final Plat application. THAT, the Sopris Mesa Preliminary Plan submitted under this application and hereby approved, does not constitute a "Site Specific Development Plan" as that phrase is defined and used in C.R.S. 24 -68 -101, et seq. MOVED, READ, AND ADOPTED by the Board of County Commi.,sioners of the County of Eagle, State of Colorado, at its meeting held the day of , 19_, nunc pro tunc to the 1st day of June , 1998. • COUNTY OF EAGLE, STATE OF COLORADO A TEST By and Through its :: •i; P OF OUNTY COMMISSIONERS 4A,/, , ii /I: _ Sara J. Fishe 1/~ ames E. Jo . son, r., 'airman Clerk of the Boar of County Commissioner. / BY:T' i ✓�'� of £AccF co foimnette Phillips, Commissioner i ns • ,t BY: _,.� 'I O coRAD ° Georg— . Gates, Commissioner 4,40 Commissioner %LI, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. it ; Commissioner Johnnette Phillips Commissioner George A. Gates O This resolution passed by2L/( �z9f the Board of County Commissioners of the County of Eagle, State of Colorado. h: planning /staff /tambi /subp's /sopris. res • • EXHIBIT A: LEGAL DESCRIPTION OF SOPRIS MESA SUBDIVISION r ________ III • EXHIBIT A LEGAL DESCRIPTION A parcel of land located in Sections 21, 22, and 28, Township 7 South, Range 87 West of the Sixth Principal Meridian in the County of Eagle, State of Colorado according to the Independent Resurvey of said Township and Range as approved by the Office of the U.S. Supervisor of Surveys on November 15, 1930. Said parcel being part of the "Future Development" as shown on the Aspen, Mountain View, Second Filing as on file in the Eagle County Clerk and Recorders office in book 365 at page 922. Bearings for this description being based on a bearing of S50 ° 52' 18 "W between the northeasterly corner of Parcel A as shown hereon, a number five rebar with a 1 '/2 inch aluminum cap found marked "P.L.S. 20695", and the Southwest Corner of the N' /2 of the NE 1/4 of said section 28, a number five rebar with an illegible plastic cap found. Said Parcel A being more particularly described as follows: Commencing at the northwest corner of Lot 1 of The Meadows, Aspen, Mountain View, Second Filing, The Point of Beginning; thence S.00° 17'45 "W 476.08 feet along the westerly line of said Lot 1 to a point on the northerly Right of Way line for Fender Lane, a number five rebar with a 1 '/2 inch aluminum cap found marked "L.S. 11204 "; thence, leaving said Lot 1, N89 °43'29 "W 748.38 feet along said northerly Right of Way line; thence N89 °22'04 "W 614.15 feet along said northerly Right of Way line to the Southwest Corner of the N '/2 of the NE 1/4 of said Section 28, i a number five rebar with an illegible plastic cap found; thence, leaving said right of way line, N01 °57'59 "E 1325.51 feet to the North 1/4 Corner of said Section 28, a stone monument with a 3 inch aluminum cap on a one inch bar found marked "H.C.E. Inc. 19598 1995 "; thence S89 °50'33 "E 1305.42 feet to the Southwest Corner of the SE 1/4 of the SE 1/4 of said Section 21, a number 5 rebar with a 1 1/2 inch aluminum cap found marked "R.L.S. 14109 "; thence N00 °45'26 "E 1341.98 feet to the Northwest Corner of the SE 1/4 SE 1/4 of said Section 21; thence S89 °47'31 "E 1308.81 feet to the Northeast Corner of the SE 1/4 SE 1/4 of said Section 21 a number five rebar with a 1 '/2 inch aluminum cap found marked "L.S. 5993 Jerome Gamba "; thence N00 ° 55'03 "E 380.00 feet to the Southwest corner of Lot 20 of the Oak Ridge III, Aspen, Mountain View, Filing No. 3, a number five rebar with a 1 '/2 inch aluminum cap marked "P.L.S. - 26095 "; thence the following five courses along the southerly line of said Oak Ridge III: 1) thence S48 °59'47 "E 405.93 feet to a number five rebar with a 1 1/2 inch aluminum cap found marked "P.L.S. 20695 "; 2) thence S63 °02'43"E 100.86 feet to a number five rebar with a 1 '/2 inch aluminum cap found marked "P.L.S. 20695 "; 3) thence S05 °25'59 "E 100.00 feet to a number five rebar with a 1 '/2 inch aluminum cap found n arked "P.L.S. 20695 "; 4) thence 205.79 feet along the arc of a nontangential curve to the left having a radius of 622.40 feet a central angle of 36 °35'34 ", the chord of which bears N66° 16'14 "E 390.78 feet; 5) thence N47 °58'27E 311.13 feet to a point on the Westerly line of Lot 16 of The Meadows, 1 Aspen, Mountain View, Second Filing, a number five rebar with a 1 '/2 inch aluminum cap marked • • • "P.L. S. 20695 "; thence, leaving said Oak Ridge III, S10° 11' 19 "E 479.02 feet along the westerly line of said Lot 16, thence S 10 ° 00'00"W 591.59 feet along said westerly line; thence, Ieaving said Lot 16, N80 °00'00"W 512.58 feet to a point on the northerly line of a 15 foot Equestrian easement as platted in said Aspen, Mountain View, Second Filing; thence N73 °18'03"W 208.81 feet along the northerly line of said easement; thence, leaving said easement, S60 °03'39 "W 421.05 feet; thence N70 ° 17'02 "W 54.34 feet; thence N73 ° 09'09 "W 77.35 feet; thence S76 ° 22'09 "W 114.50 feet; thence S64 °34'51 "W 58.48 feet; thence N87 ° 47'30 "W 104.24 feet; thence N42 °38'51 "W 81.62 feet; thence N60 °39'42 "W 48.51 feet; thence S85 °36'52"W 30.09 feet; thence S63 °14'22 "W 48.75 feet; thence S74 °44'27 "W 72.74 feet; thenceN82 °55'41 "W 55.19 feet; thence N86 ° 54'51 "W 116.14 feet; thence N71 ° 14'04 "W 54.22 feet; thence S26 °48'04 "W 40.26 feet; thence S24° 18'22 "W 67.42 feet; thence S02 °20'04 "E 94.40 feet; thence' S63 ° 20'46 "W 106.52 feet; thence S25 °00'00 "E 80.00 feet; thence 698.92 feet along the arc of a curve to the right, having a radius of 470.00 feet and a central angle of 85°12'10", the chord of which bears S17 °36'05 "W 636.28 feet; thence S60° 12'10 "W 80.86 feet; thence S00° 17'45 "W 516.17 feet to the Point of Beginning Said parcel contains 88.677 acres or 3,862,780 square feet, more or less. I I ( • • EXHBIT B: COPY OF CONSERVATION EASEMENT • • DELANEY & BALCOMB, P.C. ATTORNEYS AT LAW JOHN A. THULSON P. 0. DRAWER 790 OF COUNSEL: EDWARD MULHALL. JR. 818 COLORADO AVENUE ROBERT DELANEY SCOTT BALCOMB GLENWOOD SPRINGS, COLORADO 81602 KENNETH BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD TELEPHONE: 970.945.6546 EDWARD B. OLSZEWSKI FACSIMILE: 970.945.9769 DAVID SANDOVAL DENDY M.HEISEL April 2, 1998 RECEIVED VIA FACSIMILE TO: (970) 328 -7185 APR 3 1998 ORIGINAL TO FOLLOW BY MAIL EAGLE COUNTY Tambi Katieb COMMUNITY DEVELOPMENT Eagle County Community Development Department P.O. Box 179 Eagle, CO 81631 Re: Sopris Mesa Subdivision: Conservation Easement on Central Ranch Dear Tambi: In follow up to my letter to Rene Black dated March 19, 1998, I have prepared and enclose herewith a revised Conservation Easement which my client will grant to the Aspen Valley Land Trust upon the Aspen, Mountain View Central Ranch. This revised Conservation Easement is consistent with the approach that has been suggested by Reid Haughey, the Director of the Land Trust. This Conservation Easement will be upon the entire Central Ranch. However, its separates the Ranch into two parcels, which I have now identified in the Easement as the Agricultural Parcel and the Ranch Headquarters Parcel. By the terms of the Easement, the Agricultural Parcel will be restricted in perpetuity to agriculture /ranching /open space uses, with certain equestrian/pedestrian easements acceptable to Eagle County. The Ranch Headquarters Parcel will be allowed to remain as the headquarters for the ranching /equestrian operation and will be the only part of the Central Ranch where construction of improvements may occur. Reid Haughey has suggested that the final terms and conditions of the Conservation Easement be approved by Eagle County staff and the Roaring Fork Regional Planning Commission prior to final acceptance of the Easement by the Board of Directors of the Aspen Valley Land Trust. Mr. Haughey anticipates that his Board will accept the Easement conditioned upon my client paying the Land Trust the sum of $5,000.00 (present value of the cost of monitoring compliance with the Easement) and causing a baseline data inventory of the Central Ranch to be performed. My client has agreed to both of these conditions. • Tambi Katieb April 2, 1998 Page 2 After receiving the approval/input of the staff and the Planning Commission to the terms of the Conservation Easement, we will prepare final documents granting the Conservation Easement in the form acceptable to Eagle County which will be signed and placed into escrow upon the Board of County Commissioners' approval of the Preliminary Plan for Sopris Mesa. The escrow instructions will be to record the Conservation Easement simultaneously with the recording of an approved Final Plat for Sopris Mesa. In the event that no Final Plat is approved and recorded, the Conservation Easement would be returned to my client. Please contact me at your earliest convenience if you have any questions or comments about the terms and conditions of the Conservation Easement or the process that will be followed in actually granting and recording the Easement. Thank you very much for your attention to this matter. Very truly yours, DELANEY & BALCOMB, P.C. /7 L awrence R. Green LRG/bc Encl. xc: Rene Black (w /encl.) Reid Haughey (w /encl.) Chip Monday (w /encl.) Terrill Knight (w /encl.) Jay McGarvey (w /encl.) 05/26/98 08:50 $970 945 9769 LARRY GREEN RECEIVE. • MAY 2 6 1998 EAGLE COUNTY DEED OF CONSERVATION EASEMENT COMMUNITY DEVELOPMENT This Deed of Conservation Easement is made and entered into this day of 1998 by and between EAGLE RANCH LAND, INC., a Florida Corporation (Grantor) and ASPEN VALLEY LAND TRUST (Grantee). RECITALS A. Grantor is the owner in fee simple of the real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (Property). B. The Property consists of what is commonly referred to as the Central Ranch of Aspen, Mountain View and is subject to a number of provisions of the Master Declaration of Protective Covenants for the Residential Areas of Aspen, Mountain View, as recorded April 14, 1981 in the records of Eagle County, Colorado, at Book 321, Page 619. C. In total the Property is a tract of approximately 101.18 acres. The Property is presently a working ranch and equestrian facility. Approximately 80.63 acres of the Property consists of unimproved irrigated hay fields or dry land pasture and it exists in an open, agricultural /ranching condition. Said 80.63 acres shall hereafter be referred to as the Agricultural Parcel and the legal description for the Agricultural Parcel is set forth on Exhibit B attached hereto and incorporated herein by this reference. The remaining approximately 20.54 acres of the Property shall hereafter be referred to as the Ranch Headquarters Parcel and the legal description for the Ranch Headquarters Parcel is also set forth on Exhibit B. The principal improvements that have been made to the Property are all upon the Ranch Headquarters Parcel and consists primarily of one single family residence and an equestrian facility, together with barns, arenas and other related accessory structures. The entire Property, consisting of both the Agricultural Parcel and the Ranch Headquarters Parcel, has significant scenic, open space, wildlife and esthetic values. D. Grantor desires and intends to preserve and maintain the scenic, open space, wildlife, conservation, agricultural and esthetic qualities and values of the Property, while allowing certain uses consistent therewith to be made of the Property, by encumbering the same with a Conservation Easement for the use and benefit of the Grantee pursuant to the provisions of C.R.S. 38- 30.5 -101, et. seq. E. All of the Property shall be subject to this Conservation Easement; provided, however that except as provided in paragraph 6 hereof, there are no restrictions in this Conservation Easement on the improvements that can be made upon or the uses that can be mode of the Ranch Headquarters Parcel. F. Grantee is a charitable organization exempt from taxation under section 501 (c)(3) of the Internal Revenue Code of 1986, created at least two years prior to the grant of this 05/26/98 08:50 970 945 9769 LARRY GREEN ' " o ' L • • Conservation Easement, and is a "qualified conservation organization" as defined by the Internal Revenue Code of 1986. CONVEYANCE NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to C.R.S. 38- 30.5 -101, et. seq. Grantor hereby conveys to the Grantee a Conservation Easement in Gross (hereinafter the "Easement ") consisting of the rights hereinafter described and subject to the rights hereinafter reserved over and across the Property. The Grantee hereby agrees to be bound by the terms and conditions of this Easement. 1. Purpose. It is the purpose of this Easement to preserve and protect in perpetuity the scenic, open space, wildlife and esthetic values of the Property while allowing the continued agricultural /ranching/equestrian uses of the Property and the limited improvement of the Property as hereinafter described. 2. Affirmative Rights Conveyed. The affirmative rights conveyed by this Easement to the Grantee are the following: a. To protect in perpetuity the scenic, open space, wildlife, conservation, agricultural and esthetic features and 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 term of this Easement; rovided, that provided, entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quite enjoyment of the Property; and c. To enjoin, or to take any other action that is reasonable or necessary in order to prevent, any activity on, or use of, the Property which is prohibited by, or is inconsistent with, this Easement. 3. Rights Retained by Grantor. The Grantor, for the benefit of itself, its heirs, successors, and assigns, retains all of the customary rights of ownership of the Property not hereby granted to the Grantee, including, but not limited to, the present right to the access and use of the Property for all purposes not inconsistent with or prohibited by this Easement or other binding restrictions. The Grantor retains the rights it presently has to control access to the Property; provided, however, that the Grantee and its agents shall have the right of ingress and egress described in paragraph 2(b) above for the purpose of insuring compliance with the terms of this Easement. 4. Prohibited Uses and Practices Upon the Agricultural Parcel. The following uses and practices are inconsistent with the purposes of this Easement and shall be prohibited upon or within the Agricultural Parcel: Page 2 05/26/98 08:51 $970 945 9769 LARRY GREEN 1uua • • a. Construction of Buildings and Other. Structures. The construction or reconstruction of any building or other structure or improvement. b. Fences. The construction of fences, except that Grantor may repair or replace existing fences, and may construct new fences for purposes of reasonable and customary management of livestock and wildlife and for delineation of trails as authorized hereby. c. Subdivision. The Agricultural Parcel shall not be divided or subdivided in any way from the Ranch Headquarters Parcel, nor shall the Agricultural Parcel be internally divided or subdivided, whether by physical or legal process, or otherwise. d. Tree Removal. The removal, destruction or cutting of native vegetation or timber except for (i) the cutting of dead timber which is appropriate for fire control or (ii) such cutting of vegetation or timber as is necessary for the construction or maintenance of trails as authorized hereby. e. Mining. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance. f. Hunting. Hunting with any type of weapons or the discharge of firearms. g. Trash. The storage, dumping or any other deposit of refuse, garbage, or other unsightly or offensive material. h. Commercial or Industrial Activity. The conduct of any business, commercial or industrial enterprise on the Agricultural Parcel, except for the conduct of agricultural/ranching /equestrian operations. i. Fires. Campfires, picnic fires or fires for any purpose except for controlled and attended fires required for maintenance of the Agricultural Parcel, including ditches. j. Other Activities. Any other activities which may endanger, disturb or adversely impact the open space, scenic and esthetic qualities of the Property except as permitted in this Conservation Easement. 5. Permitted Uses of the Agricultural Parcel. The Grantor intends that m the future the Agricultural Parcel shall be used as an agricultural/ranching operation, and attendant uses, shall be available for limited recreational use by the public on trails specifically designated therefor, and to the extent consistent therewith, shall preserve the existing wildlife, open space, scenic and esthetic values of the Agricultural Parcel. The following uses, though not an exhaustive recital of permitted Page 3 • 05/26/98 08:52 $970 945 9769 LARRY GREEN tFj00o. ui❑ • • uses, are therefore permitted under this Easement to the extent that they are permitted under any covenants to which the Property is subject: a. Agricultural /Ranching Uses. The conduct of agricultural/ranching operations on the Agricultural Parcel is specifically allowed, including the repair and improvement of ditches, pipelines, wells and other features of an irrigation system. b. Utilities. The construction and operation of underground utility systems, including, without limitation, water wells, water storage tanks, sanitary sewer lines, septic tanks and leach fields, and other underground utility systems. c. Trails. The establishment and maintenance of trails limited to equestrian, pedestrian, bicycle and cross country skiing use. Such trails may be available to the public, or limited to the Grantor, its guests or invitees, all as shall be designated by Grantor. Furthermore, such trails may be in their present location upon the Agricultural Parcel, or may be relocated, expanded, or newly constructed upon the Agricultural Parcel at locations to be determined by Grantor and upon notice to Grantee. d. Other Uses. Such other nonrnotorized recreational uses or activities which may be authorized by Grantor, and which do not either interfere with the ' agricultural/ranching/equestrian uses of the Agricultural Parcel or harm the wildlife, open space, scenic and esthetic values of the Agricultural Parcel. 6. Uses of the Ranch Headquarters Parcel. It is the intention of the Grantor that the Ranch Headquarters Parcel shall remain and be allowed to serve as the residential, commercial and business headquarters of the agricultural /ranching /equestrian uses made of and upon the Property. As such, there shall be no restrictions upon the improvements which can be constructed upon or the uses that can be made of the Ranch Headquarters Parcel, except for the following: a. Limitation of Residential Uses Upon the Ranch Headquarters Parcel. The ability to construct residential dwellings and other residential structures upon the Ranch Headquarters Parcel shall be limited to the construction and reconstruction of any residential dwelling, structure or other improvement which exists on the Ranch Headquarters Parcel as of the date hereof, at its approximate existing location, together with the right to construct one (1) additional single family residence at any location within the Ranch Headquarters Parcel, and other structures and uses typically accessory to residential uses. The construction, maintenance and reconstruction of barns, stables, facilities for boarding and training horses, training and riding arenas, a jumping course, and other facilities and out - buildings normally attendant to an agricultural /ranch/equestrian facility are specifically allowed within the Ranch Headquarters Parcel. Pagc 4 05/26/98 08:53 $970 945 9769 LARRY GREEN [g]007 /010 • • ' I b. Subdivision. The Ranch Headquarters Parcel shall not be divided or subdivided in any way from the Agricultural Parcel, nor shall the Ranch Headquarters Parcel be internally divided or subdivided, whether by physical or legal process, or otherwise. c. Zoning. All uses made of the Ranch Headquarters Parcel shall be consistent with the existing zoning of the Ranch Headquarters Parcel and no zone change shall be requested or obtained without the prior written consent of Grantee. 7. Preservation of Water Rights. Grantor, its heirs, successors and assigns shall retain and reserve the right to use water rights historically used upon and appurtenant to the Property to maintain the agricultural/ranching uses of the Property, and shall not transfer, encumber, lease, sell, or otherwise sever such water rights from title to the Property itself. 8. Enforcement Rights of Grantee. a. In the event of a violation of any term, condition, covenant or restriction contained in this Easement, which remains uncured after thirty (30) days prior notice of the violation, the Grantee may institute legal proceedings to enjoin by temporary or permanent injunction such violation, or to claim damages for breach of any covenant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants and purposes of this Easement; however, any failure to so act by the Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant or purpose of this Easement in the future_ In any case where a violation has occurred, the party found to be in violation shall reimburse the other party for the latter costs, including reasonable attorneys' fees, involved in stopping or correcting the violation. b. The Grantor intends that should any prohibited activity be undertaken on the Property which has a material adverse effect on the purposes of this Easement, the Grantee shall have the right to cause the restoration of that portion of the Property affected by such activity to the condition that existed prior to the undertaking of such prohibited activity. In such case, the cost of restoration shall be borne by the Grantor or its successors or assigns. Nothing contained herein should be construed to preclude the Grantor, its successors or assigns from exhausting legal remedies in determining whether the activity to which the Grantee has objected has such a material adverse effect. c. Nothing contained in this Easement shall be construed to entitle the Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes b.yond the control of Grantor or its successors including, bi not limited to, fire, flood, storm, and earth movement (unless such fire, flood, or earth movement is caused by the intentional or negligent acts or failures to act by Grantor or its successors) or from any prudent or good faith action taken by the Page 5 05/26/98 08:53 $970 945 9769 LARRY GREEN Q008/010 • • Grantor, its successors or assigns under emergency conditions to prevent, abate or mitigate injury to the Property resulting from such causes. 9. Taxes and Assessments. The Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Property, including any tax or assessment on the Easement herein granted. Grantee shall have the right, but not the obligation, to enforce this obligation to pay taxes and assessments against the Grantor and its successors. 10. No Public Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property except for those portions of the Property which are specifically designated by Grantor, its successors or assigns, as public trails for equestrian, pedestrian, bicycle and cross country skiing use. Except for such specifically designated trails, public access to the Property is hereby expressly prohibited, and the Grantor, its successors and assigns, shall have the right to enforce such prohibition by all lawful means. 11. Assignment by Grantee. The Grantee may, without the consent of the Grantors, assign this Conservation Easement to any charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which organization was created at least two years prior to the receipt by it of this Easement, provided that (a) in the judgment of the Grantee, the assignee organization has the ability, experience, interest and resources to carry out the conservation objectives expressed in this Easement, and (b) the assignee organization agrees in writing to abide by and to carry out the intentions of the Grantor and the Grantee as expressed in this Easement. In the unlikely event that the Grantee corporation should be voluntarily or involuntarily dissolved without having assigned this Easement as above provided, all of the Grantee's right, title and interest in and to this Easement shall be deemed automatically transferred and assigned to the County of Eagle, State of Colorado. The County, in turn, shall be obligated promptly to assign the Easement to a charitable organization which meets the requirements set forth above in this Paragraph 11. 12. Amendment. The Grantor and the Grantee recognize that circumstances may arise under which an amendment to or modification of this Easement would be appropriate. Accordingly, the Grantor or its successors and the Grantee may jointly amend this Easement without prior notice to any party, provided that no amendment shall be allowed that will affect the qualification of this Easement under C.R.S. Section 38- 30.5 -101, et. seq., and any amendment shall be consistent with the purpose of this Easement, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Eagle County, Colorado. 13. Grant in Perpetuity. This Easement shall be a burden upon and shall run with the Property in perpetuity. Page 6 LARRY GREEN tZ1009 0;u • 05/26/98 08:54 $970 9769 • 14. Binding Effect. This Easement shall run with the title to the Property and shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 15. Counterparts. This Deed of Conservation Easement may be executed in multiple counterparts, all of which when taken together shall constitute an original. IN WITNESS WHEREOF the Grantor and the Grantee have executed this Conservation Easement as of the day and year first above written. GRANTOR: EAGLE RANCH LAND INC., a Florida Corporation By: James N. McGarvey, Jr., President GRANTEE: ASPEN VALLEY LAND TRUST By: STATE OF COLORADO ) ) ss COUNTY OF ) The above . and foregoing document was acknowledged before me this day of , 1998, by James N. McGarvey, Jr., as President for Eagle Ranch Land, Inc., a Florida Corporation. Witness my hand and official seal. My commission expires: My address is: Notary Public Page 7 05/26/98 08:54 $ 970 945 9769 LARRY GREEN Z010, 0i0 • STATE OF COLORADO ) ) ss COUNTY OF The above and foregoing document was acknowledged before me this day of , 1998, by as for Aspen Valley Land Trust. Witness my hand and official seal. My commission expires: My address is: Notary Public c: \wp- dots \Ig \mcgarvey \conease. Page 8 • • EXHIBIT B LEGAL DESCRIPTION AGRICULTURAL PARCEL A PARCEL OF LAND LOCATED IN SECTIONS 21, 22.27 AND 28. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN THE COUNTY OF EAGLE. STATE OF COLORADO ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE OFFICE OF THE U.S. SUPERVISOR OF SURVEYS ON NOVEMBER 15, 1930. SAID PARCEL BEING PART OF THE "FUTURE DEVELOPMENT" AS SHOWN ON THE ASPEN, MOUNTAIN VIEW, SECOND FILING AS ON FILE IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 365 AT PAGE 922. BEARINGS FOR THIS DESCRIPTION BEING BASED ON A BEARING OF S 50%%d52'18" W BETWEEN THE NORTHEASTERLY CORNER OF PARCEL A AS SHOWN HEREON, A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "P.L.S. 20695 ", AND THE SOUTHWEST CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 28, A NUMBER FIVE REBAR WITH AN ILLEGIBLE PLASTIC CAP FOUND. SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE MEADOWS, ASPEN MOUNTAIN VIEW., SECOND FILING, THE POINT OF BEGINNING; THENCE. LEAVING SAID LOT 1, N 00 % %d17'45" E 516.17 FEET; THENCE N 60 % %d12'10" E 80.86 FEET; THENCE 698.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 85 % %d12'10 ", THE CHORD OF WHICH BEARS N 17 % %d36'05" E 636.28 FEET; THENCE N 25 % %d00'00" W 80.00 FEET; THENCE N 63 % %d20'46" E 106.52 FEET; THENCE N 02 % %d20'04" W 94.40 FEET; THENCE N 24 % %d18'22" E 67.42 FEET; THENCE N 26 % %d48'04" E 40.26 FEET; THENCE S 71 % %d14'04" E 54.22 FEET; THENCE S 86 % %d54'51" E 116.14 FEET; THENCE S 82 % %d55'41" E 55.19 FEET; THENCE N 74 % %d44'27" E 72.74 FEET; THENCE N63 % %d14'22" E 48.75 FEET; THENCE N 85 % %d36' 52" E 30.09 FEET; THENCE S 60 % %d39'42" E 48.51 FEET; THENCE S 42 % %d38'51" E 81.62 FEET; THENCE S 87 % %d47'30' E 104.24 FEET; THENCE N 64 % %d34'51" E 58.48 FEET; THENCE N 76 % %d22'09" E 114.50 FEET; THENCE S 73 % %d09'09" E 77.35 FEET; THENCE S 70 % %d17'02" E 54.34 FEET; THENCE N 60 % %d03'39" E 421.05 FEET TO A POINT ON THE NORTH LINE OF A 15 FOOT EQUESTRIAN TRAIL EASEMENT AS PLATTED IN SAID ASPEN. MOUNTAIN VIEW. SECOND FILING; THENCE S 73 % %d18'03" E 208.81 FEET ALONG SAID NORTH EASEMENT LINE; THENCE, LEAVING SAID EASEMENT. S 80 % %d00'00" E 512.58 FEET TO A POINT ON THE WESTERLY LINE OF LOT 16 OF SAID ASPEN, MOUNTAIN VIEW, SECOND FILING; THENCE THE FOLLOWING SIX COURSES ALONG SAID LOT 16: 1) THENCE S 10 % %d00'00" W 488.41 FEET; 2) THENCE S 67 % %d43'09" E 218.45 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 "; 3) THENCE N 05 % %d00'00" E 340.00 FEET: • • PAGE NO. 2 AGRICULTURAL PARCEL 4) THENCE N 21 % %d30'00" E 175.00 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 "; 5) THENCE N 24 % %d06'26" E 146.30 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH. ALUMINUM CAP FOUND MARKED "L.S. 11204 "; 6) THENCE N 18 % %d30'53" E 141.61 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 "; THENCE, LEAVING SAID LOT 16, S 00 % %d54'36" W 276.17 FEET; THENCE S 65 % %d33'11" E 59.19 FEET TO THE NORTHWEST CORNER OF RED TABLE ACRES NUMBER 2 AMENDED, A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP MARKED "L.S. 11204 "; THENCE THE FOLLOWING FIVE COURSES ALONG THE WESTERLY LINE OF SAID RED TABLE ACRES NUMBER 2: 1) THENCE S 09 % %d54;07" W 328.41 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 10386 MUSGRAVE "; 2) THENCE S 00 % %d54'57" W 255.78 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 10386 MUSGRAVE "; 3) THENCE S 04 % %d13'34" E 23.30 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 10386 MUSGRAVE "; 4) THENCE S 23%%d45'19" E 181.18 FEET; 5) THENCE S 00 % %d05'58" W 106.38 FEET; THENCE LEAVING SAID WESTERLY LINE N 75 % %d25'13" W 320.94 FEET; THENCE S 64 % %d48'58" W 308.43 FEET; THENCE S 26 % %d42'22" W 104.09 FEET; THENCE S 56%%d57'19" W 275.23 FEET; THENCE S 11 % %d03'46" E 189.43 FEET; THENCE N 89 % %d38'00" W 300.00 FEET; THENCE S 01%%d50'40" W 275.37 FEET; THENCE S 88 % %d45'54" E 265.52 FEET; THENCE S 15 % %d56'28" E 268.00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF FENDER LANE; THENCE THE FOLLOWING THREE COURSES ALONG SAID RIGHT OF WAY LINE: 1) THENCE N 75%%d13'17" W 38.90 FEET; 2) THENCE 148.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 588.47 FEET AND A CENTRAL ANGLE OF 14 % %d30'12 ". THE CHORD OF WHICH BEARS N 82 % %d28'23" W 148.56 FEET; 3) THENCE N 89 % %d43'29" W 591.40 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE, LEAVING SAID RIGHT OF WAY LINE, THE FOLLOWING NINE COURSES ALONG SAID LOT 1: 1) THENCE N 27 % %d01'34" W 59.84 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 "; 2) THENCE N 33 % %d52'32" E 75.62 FEET; 3) THENCE N 08 % %d36'14" W 107.33 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 ", 4) THENCE N 70 % %d06'42" W 36.83 FEET; 5) THENCE N 70 % %d17'53" W 144.66 FEET TO A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED "L.S. 11204 "; • . PAGE NO.3 AGRICULTURAL PARCEL 6) THENCE N 63 % %d02 W 383.67 FEET: 7) THENCE N 63 % %d13'14" W 152.67 FEET; 8) THENCE N 81 % %d18'09" W 185.19 FEET; 9) THENCE S 74 % %d34'S0" W 274.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL B -1 CONTAINS 80.638 ACRES, MORE OR LESS. • • LEGAL DESCRIPTION RANCH HEADQUARTERS PARCEL A PARCEL OF LAND LOCATED IN THE NW1 /4 OF SECTION 27. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN THE COUNTY OF EAGLE. STATE OF COLORADO ACCORDING TO THE INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE OFFICE OF THE U.S. SUPERVISOR OF SURVEYS ON NOVEMBER 15, 1930. SAID PARCEL BEING PART OF THE '`FUTURE DEVELOPMENT" AS SHOWN ON THE ASPEN, MOUNTAIN VIEW. SECOND FILING AS ON FILE IN THE EAGLE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 365 AT PAGE 922. BEARINGS FOR THIS DESCRIPTION BEING BASED ON A BEARING OF S 50%%d52'18" W BETWEEN THE NORTHEASTERLY CORNER OF PARCEL A AS SHOWN HEREON, A NUMBER FIVE REBAR WITH A 1 1/2 INCH ALUMINUM CAP FOUND MARKED P.L.S. 20695", AND THE SOUTHWEST CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 28, A NUMBER FIVE REBAR WITH AN ILLEGIBLE PLASTIC CAP FOUND. SAID PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE MEADOWS. ASPEN MOUNTAIN VIEW, SECOND FILING, THE POINT OF BEGINNING: THENCE. LEAVING SAID LOT 1. N 79%%d21'26" E 2721.25 FEET TO A POINT ON THE WESTERLY LINE OF RED TABLE ACRES NO. 2; THENCE THE FOLLOWING THREE COURSES ALONG THE WESTERLY LINE OF SAID RED TABLE ACRES NUMBER 2: 1) THENCE S 00 % %d05'58" W 662.83 FEET; 2) THENCE S 31 % %d57'43' E 1 3.77 FEET; 3) THENCE S 12 % %d59'58" W 333.28 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FENDER LANE AS SHOWN ON SAID ASPEN. MOUNTAIN VIEW. SECOND FILING; THENCE. LEAVING RED TABLE ACRES NUMBER 2, ALONG SAID RIGHT OF WAY LINE, 150.90 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 479.21 FEET AND A CENTRAL ANGLE OF 18 % %d02'33 ". THE CHORD OF WHICH BEARS S 87 % %d33'50" W 150.28 FEET; THENCE, ALONG SAID RIGHT OF WAY LINE, 178.71 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 359.29 FEET AND A CENTRAL ANGLE OF 28%%d29'54", THE CHORD OF WHICH BEARS S 82 % %d20'09" W 176.87 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE N 88 % %d09'20' W 406.59 FEET TO A POINT ON SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT -OF -WAY LINE N 15 % %d56'28" E 268.00 FEET; THENCE N 88 % %d45'54" W 265.52 FEET; THENCE N 01 % %d50'40" E 275.37 FEET; THENCE S 89 % %d38'00" E 300.00 FEET: THENCE N 11 % %d03'48" W 189.43 FEET: THENCE N 56 % %d57'19" E 275.23 FEET; THENCE N 26 % %d42'22" E 104.09 FEET; THENCE N 64 % %d48'58" E 308.43 FEET; THENCE S 75%%d25'13" E 320.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL B CONTAINS 20.542 ACRES. MORE OR LESS. HOLLAND & HART LLP ATTORNEYS AT LAW DENVER • ASPEN 600 EAST MAIN STREET TELEPHONE (9701 925 -3476 BOULDER • COLORADO SPRINGS ASPEN, COLORADO 81611 -1953 FACSIMILE (970) 925 -9367 DENVER TECH CENTER BILLINGS • BOISE CHEYENNE • JACKSON HOLE ARTHUR B. FERGUSON, JR. SALT LAKE CITY aferguson @hollandhart.com WASHINGTON, D.C. May 6, 1998 VIA FACSIMILE (970) 328 -7185 AND ORIGINAL TO FOLLOW BY U.S. MAIL Tambi Katieb Eagle County Community Development Dept. P. O. Box 179 Eagle, CO 81631 Re: Sopris Mesa Subdivision: Conservation Easement on Central Ranch Dear Tambi: I represent the Aspen Valley Land Trust, which is currently negotiating the terms of a conservation easement with Fender Lane Developers for the Central Ranch. I am writing to confirm that my client is willing to complete the negotiations and the transaction substantially consistent with the approach outlined in Larry Green's April 2, 1998 correspondence to you. The Land Trust is pleased about the opportunity to obtain the easement and thereby preserve and protect the property in accordance with the easement agreement and conveyance. If you would like any additional information regarding the Trust's position, please do not hesitate to call me or Reid Haughey, Very truly yours, Arthur B. Ferguson, Jr. ABF:jf cc: Reid Haughey