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HomeMy WebLinkAboutR04-066 Bair Ranch Conservation Easement Purchase ClosingCommissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - 0 6 RESOLUTION APPROVING BAIR RANCH CLOSING DOCUMENTS AND AGREEMENTS AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE CLOSING OF THE BAIR RANCH CONSERVATION EASEMENT PURCHASE WHEREAS, on June 1, 2004, the Board of County Commissioners of Eagle County, Colorado ( "Board ") conditionally approved the contribution of two million dollars ($2,000,000.00) from the Eagle County Open Space Fund towards the acquisition of the Bair Ranch Conservation Easement project; and WHEREAS, the conditions of approval called for staff and Board review of relevant documents; and WHEREAS, staff and the Board have been presented with drafts of the Bair Ranch Deed of Conservation Easement, Assignment of Interest in Deed of Conservation Easement, Baseline Easement Documentation Report, and the Eagle County Title Commitment Policy for review, said documents attached hereto as Exhibits "A," "B," "C," and "D" respectively; and WHEREAS, staff has had an opportunity to review these documents and is satisfied with the legal sufficiency of the same; and WHEREAS, the Board wishes to ensure that all relevant documents are timely signed by the County to facilitate the closing of the Bair Ranch Conservation Easement purchase. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board has been presented with the relevant documents associated with the Bair Ranch Conservation Easement purchase. THAT, the Board hereby approves the Bair Ranch Deed of Conservation Easement in a form substantially similar to Exhibit "A" attached hereto. THAT, the Board hereby approves the Assignment of Interest in Deed of Conservation Easement in a form substantially similar to Exhibit "B" attached hereto. THAT, the Board hereby approves the Baseline Easement Documentation Report in a form substantially similar to Exhibit "C" attached hereto. THAT, the Board hereby approves the Eagle County Title Commitment Policy in a form substantially similar to Exhibit "D" attached hereto. THAT, the Board authorizes any Commissioner to execute on its behalf any and all necessary documents, instruments, papers or other forms necessary for the consummation of the purchase of the Bair Ranch Conservation Easement. Such documents may include, but shall not be limited to, the documents identified herein, power of attorney authorization, management report approval, closing authorization and instructions, settlement statements, easement monitoring agreement, as well as any other necessary documents which are required or desirable. THEREFORE, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this/-5—day of , 2004. r4 0 Clerk of the Board of Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County LIM Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote wWs as follows: Commissioner Michael L. Gallagher OV Commissioner Tom C. Stone Commissioner Am M. Menconi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DEED OF CONSERVATION EASEMENT (Bair Ranch Property — Eagle County, Colorado) NOTICE: THIS CONSERVATION EASEMENT HAS BEEN ACQUIRED IN PART WITH A GRANT ( "GRANT ") FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND (the `BOARD ") AND A GRANT FROM THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO. THIS DEED CONTAINS RESTRICTIONS ON THE USE AND DEVELOPMENT OF THE PROPERTY THAT ARE INTENDED TO PROTECT ITS OPEN SPACE VALUES. THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND HAS FOUND THAT THE ADOPTION OF THESE DEED RESTRICTIONS IS IN THE PUBLIC INTEREST. ALL FUNDS FROM EAGLE COUNTY HAVE BEEN UTILIZED TO ACQUIRE ONLY THOSE PORTIONS OF THE CONSERVATION EASEMENT WHICH ARE LOCATED IN EAGLE COUNTY. THIS DEED OF CONSERVATION EASEMENT (the "Easement "), is granted this day of July, 2004, by and between THE JAMES CRAIG BAIR RANCH CO., a Colorado limited partnership, 66418 U.S. Highway 6 & 24, Glenwood Springs, CO 81601, (the "Grantor"), and THE CONSERVATION FUND, a Maryland non -profit corporation, 1800 North Kent Street, Suite 1120, Arlington, VA 22209 Attention: General Counsel (the "Grantee "). The parties acknowledge that the Grantee intends to assign its rights as Grantee jointly to the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, body corporate and politic (the "County "), and to the EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation ( "EVLT'), as provided herein, and that after such assignment the County and EVLT shall be co- grantees of this Easement (and collectively, the "Grantee "). The following exhibits are attached hereto and made a part of this Easement: Exhibit A -2: Description of Property (Eagle County) Exhibit B: Map of Bair Ranch Conservation Project (including the Bair Ranch Garfield County property and the Bair Ranch Eagle County property) Exhibit B -2: Map of Property and Ranch Building Areas Exhibit C -2: Description of Ranch Building Areas on the Property Exhibit D -2: List of Existing Structures and Permitted new Structures in Ranch Building Areas Exhibit E -2: Description of Water Rights Exhibit F -2 Acknowledgement of Baseline Documentation Report RECITALS: A. The Grantor is the owner of approximately 2794 acres, more or less, of land located in Eagle County, Colorado, which is described in the attached Exhibit A -2 nAwordata \tcABair\MEagle CE 5 6/8/2004 EXHIBIT 0 it and depicted in the attached Exhibit B-2 (the "Property" or the "Eagle County Property "). The Property is located within the United States Department of the Interior, Bureau of Land Management ( "BLM') Glenwood Springs Resource Area. B. The Property is part of the 4318.17 acre, more or less, Bair Ranch which is located in Garfield (1524 acres, more or less) and Eagle (2794 acres, more or less) Counties, Colorado (the `Bair Ranch "). The remainder of the Bair Ranch in Garfield County has been encumbered by a Deed of Conservation Easement that has been recorded simultaneousiy with the recording of this Easement on July _, 2004 as Reception No. in Book _ at Page ^ of the records of the Garfield County, Colorado, Clerk and Recorder (the `Bair Ranch Garfield Conservation Easement "). This Easement (also referred to as the `Bair Ranch Eagle Conservation Easement ") and the Bair Ranch Garfield Conservation Easement are a part of a single conservation project referred to as the `Bair Ranch Conservation Project" that involves several simultaneous transactions, as described in these Recitals, that will facilitate the consolidation of the entire Bair Ranch (except the 11.4061 -acre Residential Parcel described in the Bair Ranch Garfield County Conservation Easement) into the single ownership of Grantor, encumbered by one conservation easement in Eagle County and a second conservation easement in Garfield County. The parties intend that the entire 4318.17 -acre Bair Ranch be kept in single ownership (except as to the 11.4061 acre Residential Parcel described in the Bair Ranch Garfield County Conservation Easement), as further described herein and in the Bair Ranch Garfield Conservation Easement. The entire Bair Ranch is depicted in the attached Exhibit B. C. The 1160 -acre westerly portion of this Property (previously owned by the LeGrande Bair Ranch Co.) was previously encumbered by a Deed of Conservation Easement granted by the LeGrande Bair Ranch Co., a Colorado limited partnership, to The Conservation Fund which was recorded as part of a simultaneous transaction on July , 2004, as Reception No. , in Book _ at Page _ of the records of the Eagle County, Colorado, Clerk and Recorder (the "LeGrande Bair Conservation Easement "). D. The 1634 -acre easterly portion of this Property (and the 1524 acres of the Bair Ranch in Garfield County) was previously encumbered by a Deed of Conservation Easement granted by the James Craig Bair Ranch Co., a Colorado limited partnership, to The Conservation Fund which was recorded as part of a simultaneous transaction on July _, 2004, as Reception No. , in Book _ at Page _ of the records of the Eagle County, Colorado, Clerk and Recorder, and on July _, 2004, as Reception No. ' in Book at Page of the records of the Garfield County, Colorado, Clerk and Recorder (the "James Craig Bair Conservation Easement "). E. This Easement is intended to restate, merge, supercede and replace the LeGrande Bair Conservation Easement in its entirety, and to restate, merge, supercede and replace the James Craig Bair Conservation Easement to the extent that it applies to nAwordata \tcAMACE\Eagle CE 5 2 6/8/2004 this Property located in Eagle County (but without interrupting the perpetual duration of either the James Craig Bair Conservation Easement or the LeGrande Bair Conservation Easement or the property right which vested in the grantees thereunder at the recording of those conservation easements). By doing so this Bair Ranch Eagle Conservation Easement will encumber all of the 2794 acres of the Bair Ranch located within Eagle County under a single conservation easement. In a simultaneous transaction the remainder of the James Craig Bair Conservation Easement encumbering the portion of Bair Ranch in Garfield County will be restated and replaced in its entirety by the Bair Ranch Garfield Conservation Easement, described above, such that a single conservation easement encumbers only the 1524 -acre Garfield County portion of the Bair Ranch. F. The Property is located just east of the Glenwood Canyon of the Colorado River, a nationally known scenic area on Interstate 70. The Bair Ranch is highly visible to thousands of motorists who travel on I -70 and to train passengers who travel on the Denver and Rio Grande Western Railroad line next to the Colorado River in the Glenwood Canyon. Together with the adjoining parcels of the Bair Ranch Conservation Project, the Property is almost completely surrounded by BLM and United States Forest Service lands. The Property is a critical component of the Bair Ranch Conservation Project which, together with the adjoining public lands, provides a large area of open space that protects scenic vistas for the public and provides habitat for wildlife. Subdivision and development of the Property would have an adverse impact on this highly visible scenic area and on the efficient and effective management of adjoining public lands. G. The Property contains important tributaries of the Colorado River and includes associated riparian areas. A wide variety of wildlife inhabits the Property. The ranch provides both summer and critical winter range for large numbers of elk and deer. Black bear, coyotes, and numerous other mammals and birds are also indigenous to the Property. The lands along the River contain habitat for ducks, geese and many other species of waterfowl and aquatic life. H. The Property possesses scenic, open space, wildlife, agricultural, natural resource, and aesthetic values (collectively, "Conservation Values "), of great importance to the Grantee and the general public, and which are worthy of preservation. The purpose of this Easement is to preserve and protect in perpetuity the scenic, aesthetic, open space, wildlife, and natural resource values of the Property, to prohibit the subdivision, the residential and/or commercial development of the Property, except to the limited extent permitted herein, and to permit and make possible, without requiring, the continuation of ranching and guest ranching operations consistent with the above described Conservation Values. I. All funds from Eagle County and GOCO have been used only to acquire those portions of the Conservation Easements related to the Bair Ranch Conservation Project which are located in Eagle County. GRANT OF EASEMENT: n. \wordata \tcfMau\CE\Eag3e CE 5 6/8/2004 NOW THEREFORE, pursuant to the laws of the State of Colorado, and in particular C.R.S. § 38- 30.5 -101 et seq. the Grantor does hereb) grant and convey unto the Grantee and its assigns, a conservation easement in perpetuity, hereinafter referred to as the "Easement" consisting of rights hereinafter enumerated, over and across the Property, subject to terms and conditions set forth herein. Purpose. It is the purpose of this Easement to assure that the Property will be retained forever in its natural, scenic, and open space condition, to permit the agricultural uses and related activities described herein, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving ranching and guest ranching, as are consistent with the purpose of this Easement and preservation of the Conservation Values of the Property. 2. Affirmative Rights Granted. In addition to those rights and remedies set forth in C.R.S. Section 38- 30.5 -101 et seq., as amended from time to time, the following affirmative rights are conveyed to the Grantee by this Easement: 2.1. Protection of Conservation Values. To preserve and protect in perpetuity the scenic, aesthetic, open space, wildlife, natural resource and other Conservation Values on the Property, subject to the terms set forth herein. 2.2. Inspection and Enforcement. To enter upon the Property upon reasonable notice to Grantor to inspect and to enforce the rights herein granted in a manner that will not unreasonably interfere with the rights of Grantor at the time of such entry. 2.3. Iniunction To enjoin any activity on, or use of the Property by the Grantor which is inconsistent with the purposes of the Easement and to enforce the restoration of such areas or features of the Property that may become damaged as a result of any prohibited use or activity. 3. Land Management. The Property shall be operated and managed in accordance with a land management plan which has been prepared and accepted with the mutual consent of Grantor and Grantee, and approved by the County and EVLT, as of the date of this Easement and which shall be reviewed at least every five (5) years, and revised only with the mutual consent of the parties. 4. Permitted Uses and Practices. This Easement shall permit the future use of the Property by the Grantor for ranching and agriculture, the related activities described below, and other uses, including open space, which are described herein or are not inconsistent with the purposes of the Easement and preservation of the Conservation Values of the Property. The following uses and practices although not an all- inclusive listing of permitted uses, are permitted under the Easement: nAwordata \tcAMACMEagle CE 5 4 6/8/2004 4.1. Ranching and Agriculture. The Property historically has been used for sheep and cattle ranching. Grantor may (but is not required to) continue ranching, including pasturing, hay production, grazing, feeding; and care of livestock (including placing salt blocks for livestock); provided, however, that the ranching activities shall not result in overgrazing and that the Property shall be maintained in a condition at least equal to its condition as of the date of the grant of this Easement, subject to the effects of weather, drought and other seasonal and climatic changes. 4.2. Related Activities. The parties acknowledge that Grantor has historically used the Property for limited guest ranching activities that do not interfere with the primary use of the Property for sheep and cattle ranching. The parties agree that limited guest ranching activities, as described herein, are consistent with preservation of the open space, scenic vistas, wildlife habitat and other Conservation Values of the Property, and support the economic viability of sheep and cattle ranching on the Property. The guest ranching activities include providing lodging for guests in the structures that are permitted within the Ranch Building Areas described in Exhibit C -2 (the "Ranch Building Areas "), camping within the Ranch Building Areas, horseback riding, guiding or outfitting, hiking, fishing, cross country skiing, snow - shoeing, guided snowmobiling and all- terrain vehicle tours on existing roads, hay rides, rafting trips and similar recreational activities. All such uses shall be conducted in accordance with this Easement and applicable laws and regulations. Hunting is permitted in accordance with applicable laws and regulations; backcountry camping by hunters is permitted. 4.3. Ranch Building. Grantor has designated two (2) "Ranch Building Areas" ( "RB-4" and "BB -5 ") on the Property, as described on the attached Exhibit C -2 and depicted on the attached Exhibit B-2. RB -5 is the site of the original homestead of the Mayne family. Within the Ranch Building Areas there currently exist several structures which are listed on the attached Exhibit D-2 (collectively the "Existing Ranch Structures "). Within the Ranch Building Areas the Grantor may reconstruct, repair and replace the Existing Ranch Structures (but in no event shall any structure exceed 35 feet in height), as further described in Exhibit D-2. Additionally, Grantor may construct, reconstruct, repair and replace certain new structures in the Ranch Building Areas as described on Exhibit D-2 (but in no event shall any structure exceed 35 feet in height). The Ranch Building Areas are also referred to as the `Building Areas ". Upon prior notice to Grantee as provided herein, so it may update its records, but without further approval of Grantee Grantor may construct, reconstruct or replace any new structures or any Existing Ranch Structures, as further described in Exhibit D-2. Grantor may maintain and repair any of the improvements within the Ranch Building Areas without notice to Grantee. nAwordata \tcABair\CE\Eagle CE 5 6/8/2004 Notwithstanding the foregoing, Grantor must obtain all approvals required under Paragraph 4.12, herein. 4.4. Structures in Open Area. The portion of the Property outside of the Building Areas is referred to as the "Open Area". No structures, except minor agricultural structures such as loafing sheds, corrals and fences, are perm'tted anywhere in the Open Area. The existing ponds on the Open Area may be maintained. Grantor may construct a new livestock watering and fish pond in the vicinity of the Bob Cat Site upon notice to but without further approval of Grantee. Notwithstanding the foregoing, Grantor must obtain all approvals required under Paragraph 4.12, herein. No other new ponds shall be constructed on the Open Area without the prior written approval of the Grantee, which shall not be unreasonably withheld. 4.5. Water Rights. Grantor retains all right, title, and interest in and to all water rights, ditches, and other water facilities on or associated with the Property, including specifically, without limitation, those water rights described on the attached Exhibit E-2 (the "Water Rights'). It is the intention of the Grantor to include all named and unnamed water rights associated with the Property by implication in this Easement and that those water rights listed on Exhibit E-2 may not be an exhaustive list of the water rights that may exist now or in the future. Grantor shall retain and reserve all Water Rights associated with the Property, and shall not separate Water Rights from title to the Property itself by transfer, encumbrance, lease, sale or otherwise. Grantor may develop, beneficially use, maintain and improve such water resources and facilities, including drilling wells, for use on the Property as are necessary or convenient for the permitted uses set forth herein in a manner consistent with the purposes of the Easement. Grantor may install windmills that are not more than thirty-five (35) feet in height to pump water or to generate solar power for use only on the Property, provided that such windmills shall be outside of the view of Interstate 70. Notwithstanding the foregoing, Grantor must obtain all approvals required under Paragraph 4.12, herein, for any activities or uses allowed herein. 4.6. Fencing, Corrals. Grantor may maintain, repair and replace existing fences, and corrals on the Property. Additional fencing and corrals that are reasonably necessary for ranching and agricultural activities, and the other uses permitted herein, may be constructed on the Property. Except within the Building Areas, around hay or feed storage areas, or for corrals, new fencing shall be constructed in such a manner as to permit the migration of wildlife across the Property and shall be consistent with reasonable standards approved by the Grantee. In locations where sheep -tight woven fencing historically has been used, it may continue to be used. New sheep - tight fencing may be constructed on the Property in areas where it is important to the sheep ranching operations, provided it does not unduly impair wildlife movement across the Property as whole. Vegetation may be cleared in a width not to exceed 8 feet to facilitate construction, nAwordata \tcABair\CE\Eag1eCE 5 6/8/2004 maintenance and repair of fences and fence lines. 4.7. Motorized Vehicles. Motorized vehicles may be used off permitted roads in the Open Area of the Property only for ranching, agricultural or property management purposes and other uses permitted herein, and for the Grantee's administrative purposes, as described herein. 4.8. Access for Monitoring by Grantee. Upon reasonable notice to Grantor Grantee shall have tl_;, right to reasonably use all existing roads on the Property and all roads owned or controlled by the Grantor which provide access to the Property, including the existing road and bridge over the Colorado River, for the monitoring and enforcement of the provisions of this Easement. 4.9. Administrative Access by BLM. With the prior approval of Grantor, which approval shall not be unreasonably withheld, the BLM shall be permitted to access adjacent Bureau of Land Management lands using existing roads on the Property. Such access shall be permitted only on an infrequent and occasional basis and at times and in a manner so as not to interfere with Grantor's operations or quiet enjoyment of the Property. Such access shall be permitted only for limited administrative purposes such as conducting surveys and assessment of the adjacent BLM lands. Grantor may require that, when on the Property, any employee or agent of the BLM be accompanied by an individual designated by Grantor. 4.10. No Public Access Conveyed by this Easement. Except as provided herein, the Grantor reserves the right to control access to and to utilize the Property in a manner consistent with the purposes of this Easement. No right of access by the general public over and across the Property is conveyed by this Easement. 4.11. Access for Third Parties. The Grantor agrees that any future easements to third parties on, over, or across the area will be subject to the prior approval of the Grantee, which approval Grantee may withhold in its discretion. 4.12. Compliance with Laws. Notwithstanding anything herein to the contrary, Grantor acknowledges that the rights granted or reserved herein to Grantor are not a substitute for any requisite land use and building code approvals, and agrees to comply with all federal, state, and local laws, rules and regulations affecting the ownership and use of the Property including any applicable to any proposed construction, reconstruction, repair or replacement. Grantor shall be solely responsible for obtaining any and all applicable zoning, building, land use and other approvals necessary for the lawful use of the Property. nAwordata \tcRBair\CE\Eagle CE 5 6/8/2004 Prohibited Uses and Practices. The following uses and practices are inconsistent with the purposes of the Easement and shall be prohibited upon or within the Property. 5.1. Lon-- -term Residential Use of Ranch Structures Prohibited. The residential structures within the Ranch Building Areas may be used only for temporary, short-term lodging, such as for guests using the Property for the guest ranching activities permitted herein. Any long -term, pennanent or year - round lodging or residential use of J,.e structures within the Ranch Building Areas is prohibited. 5.2. Subdivision. 5.2.1. At all times the Property shall remain in a single ownership; division, subdivision or partition of the Property, by physical or legal process, is prohibited This does not preclude the transfer or sale of undivided interests in the Property. Undivided interests, whether held in joint tenancy or tenancy in common, shall constitute a single ownership for purposes of this Easement. However, all co- owners are subject to all provisions of this Easement, including the prohibitions on division, subdivision and partition. The right to have the Property (or the entire Bair Ranch, except the Residential Parcel), or any portion of it, partitioned into separate parcels or ownerships is waived; the only relief available in a partition action shall be the sale of the co -owned Property (including the entire Bair Ranch, except the Residential Parcel), subject to the terms of this Easement, and division of the proceeds. 5.2.2. In addition, the parties intend that the entire 4318.17 -acre Bair Ranch Conservation Project Property, which encompasses the Property encumbered by this Easement, and the property encumbered by the Bair Ranch Garfield Conservation Easement, be a single parcel (except for the 11.4061 acre "Residential Parcef' described in the Bair Ranch Garfield Conservation Easement), which shall remain in a single ownership at all times. Any further division, subdivision or partition of the 4318.17 acre Bair Ranch (except the Residential Parcel in Garfield County) or the Property or disposal of the Bair Ranch or the Property into smaller tracts is prohibited. It is intended by the parties that the Grantee herein and the Grantee under the Bair Ranch Garfield Conservation Easement each may enforce this provision to prohibit any division, subdivision or partition of the Bair Ranch (except the Residential Parcel in Garfield County) into separate ownership. 5.2.3. As the sole exception to the provisions of Paragraph 5.2.2, above, the Eagle County Property may be conveyed as a separate parcel only to Eagle County and to no other party, on such terms as are nAwordata\tcMair\CSEagleCE 5 6/8/2004 agreed upon by Grantor and Eagle County, however, expressly subject to the following: (a) Grantor and Eagle County shall comply with the provisions concerning transfer of the Property herein, including those in Paragraph 16, below; (b) at all times the Eagle County Property shall remain subject to the terms of this Easement; (c) the County shall first transfer its interest as a grantee of this Easement to EVLT or another Qualified Organization in compliance with the provisions of Paragraph 15, hers i i, and at no time after it acquires ownership of the Property shall to County be a grantee of this Easement; (d) the deed by which title is transferred to Eagle County shall contain a statement of the express intention of the parties that merger of title and this Easement not occur, and prohibiting such merger; and (e) by entering into this Easement, the parties expressly agree that under no circumstances shall merger of this Easement and the underlying fee title occur, even if Eagle County acquires the fee title, except as permitted under Paragraph 21.9, herein. 5.3. Commercial and Industrial Uses. Except for the ranching, agricultural and guest ranching uses permitted above, including guided snowmobile and all - terrain vehicle tours on existing roads, no commercial uses (including, without limitation, no recreational vehicle parks) are permitted on the Property. Industrial uses of the Property are prohibited. 5.4. Golf Courses, Intensive Recreational Uses Prohibited. Under no circumstances shall any commercial or 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, recreational vehicle parks, or shooting ranges, except as otherwise permitted herein. 5.5. Impairment of Conservation Values. The disturbance or impairment of the open space, scenic, natural resource and aesthetic values within and upon the Property is prohibited, except as otherwise permitted herein. 5.6. Signs and Billboards. The construction or placement of any signs or billboards other than signing typically associated with ranch and guest ranch operations such as for the ranch name, no trespassing signs, private property signs, is prohibited. No signs shall materially adversely affect the Conservation Values of the Property. 5.7. Dumping and Disposal. The dumping, disposal or uncontained accumulation of trash, noncompostable refuse or hazardous materials on the Property is prohibited. 5.8. Mining. Surface or subsurface mining of any and all sand, gravel, soil, stone, oil, gas, minerals, mineral materials and substances of all types and n Awordata \tc ABair\CE\Eagle CE 5 9 6/8/2004 kinds (collectively the "minerals "), or exploitation, development or use of the geothermal resources on the Property is prohibited, and the sale or leasing of such minerals or geothermal resources is prohibited, to the extent such minerals or geothermal resources are now owned or later acquired by the Grantor, or its successors or assigns. 5.9. Commercial Feedlot The establishment or maintenance of any commercial feedlot on the Property is prohibited. A commercial feedlot is defined for purposes of this Easement as a confined area or facility within which the land is not grazed or cropped annually, and which is used for purposes of engaging in the business of the reception and feeding of livestock. The tern "commercial feedlot" does not include the holding and feeding of Grantor's livestock in a confined area on a temporary basis in connection with gathering, birthing, shearing, breeding or doctoring livestock nor does the term apply to corrals or other holding areas for horses, mules or livestock used in the ranching or guest ranching operations. 5.10. Soil Erosion. Any use or activity that causes or presents a substantial risk of soil erosion is prohibited. 5.11. Roads and Utilities. The Grantor may utilize and maintain the existing roads on the Property to service the Building Areas. The Grantor may construct facilities for small scale hydroelectric generation in the Building Areas on the Property which will utilize only existing sources of water, and which will produce electricity for use in the Building Areas in which the facility is located. The Grantor may widen to a maximum of 24 feet or improve the existing roads to allow two cars to pass each other, to improve drainage, for safety purposes, or to meet County requirements for access to the permitted Building Areas. Except for roadways and utilities serving the Building Areas, the construction of any new roadways or utility systems without the prior written approval of the Grantee is prohibited. Except for patios, walkways and small areas adjacent to permitted structures, no portion of the Property shall be paved or otherwise be covered with concrete, asphalt, or any other paving material. 5.12. Storage of Vehicles; Trailers, Mobile Homes. Within the Open Area, the outside storage of abandoned or inoperative vehicles is prohibited, and the storage of trucks, motor homes, and vehicles larger than commercial automobiles (other than ranch or other equipment used in connection with the operation and maintenance of the Property), for periods longer than 30 days, is prohibited. Within the Open Area, travel trailers, motor homes or mobile homes may not be used for temporary or permanent occupancy (however temporary mobile sheep trailers are permitted during times when sheep are on the Property). 5.13. Timber Harvesting. Trees may be cut to control insects and disease, to control invasive non - native species, to prevent personal injury and property nAwordata \tcfiBair\CE\EagleCE 5 10 6/8/2004 damage, and for the purpose of forest management (which may include management for fire protection purposes). Dead trees may also be cut for firewood and other permitted uses on the Property by the Grantor. Commercial timber harvesting on the Property is prohibited. 5.14. Invasive Plant Species. The introduction of invasive non - native species of plants anywhere on the Property is prohibited. 6. Baseline Documentation Report The parties, the County and EVLT, acknowledge that as of the date of recording of this Easement a written report has been prepared, reviewed, and approved by both parties which documents an accurate representation of the Property's current condition (the "Baseline Documentation Report "). A copy of the Baseline Documentation Report is 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, and that both parties have acknowledged in a signed statement, a copy of which is attached hereto as Exhibit F-2 that the Baseline Documentation Report accurately represents the condition of the Property at the time of the conveyance. 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. 7. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor 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 Grantor is required to give notice but Grantee's approval is not required, then Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to undertake the activity in question. Whenever notice to and approval of Grantee is required, Grantor shall notify Grantee in writing not less than forty-five (45) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail, and provide other supporting data such as maps, surveys, etc., as are necessary to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. No request for approval shall be made of the Grantee that is inconsistent with the terms and conditions of this Easement. Notwithstanding the foregoing, Grantor must obtain all approvals required under Paragraph 4.12, herein, for any activities or uses allowed herein. 8. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within forty-five (45) days of receipt of Grantor's written notice, explaining Grantee's reasons for its decisions. However, when the request is received during winter months then Grantee shall have a reasonable n Awordata \tcABair\CE\Eagle CE 5 1 1 6!8!2004 period of time to review the proposal after the snow melt-off if an appropriate review of the request cannot be made because of snow cover. The failure to provide a written response - ,,rithin such time period shall be deemed an approval by Grantee unless the requested approval is prohibited hereunder. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the terms of this Easement. Notwithstanding the foregoing, Grantor mu:;t obtain all approvals required under Paragraph 4.12, herein, for any activities or uses allowed herein. 9. Costs and Taxes. Grantor agrees to bear all costs and liabilities of any kind related to its operation, upkeep, and maintenance of the Property, including weed control and eradication, and agrees to indemnify and hold Grantee harmless therefrom. Grantor agrees to pay any and all real property taxes and assessments levied by competent authority on the Property, including any taxes on this Easement. 10. Enforcement. Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Deed. Grantee may enter the Property for the purpose of inspecting for violations as provided in Paragraph 2.2, herein. If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor and the Board 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 difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. 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. Notwithstanding the foregoing, 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 without first meeting or attempting to mediate the dispute. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may obtain an injunction to stop it, temporarily or permanently, and obtain any other relief available at law or in equity. A court may also issue an injunction to require Grantor to restore the Property to its condition prior to the violation. Any costs incurred in any proceeding filed to enforce the terms of this Easement whether by injunction or by an award of damages, including, without limitation, costs and expenses of suit and reasonable attorneys' fees shall be awarded to the prevailing party. 11. Hold Harmless. Grantor shall hold Grantee (and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them, collectively the "Indemnified Parties ") harmless from and indemnify and defend Grantee against damages, liabilities or claims arising out of or incident to: (1) the activities of, and the use of the Property nAwordata \tcflBair\CE\Eagle CE 5 12 6/8/2004 by, the Grantor, its employees, agents and representatives; (2) the obligations of Grantor specified 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 Wving rise to any right or ability in Grantee or the Board, nor shall Grantee c.r the Board have any right or ability, to exercise physical or managerial control o aer 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. 12. Change of Circumstance, Extinguishment. If circumstances arise in the future which 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 and the Board when it first learns of such circumstances. The amount of the proceeds to which the Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by applicable Federal or State law at the time, in accordance with the "Proceeds" paragraph below. The Grantee shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. In conveying this Easement the Grantor has considered the possibility that uses prohibited by the terns of this Easement may become more economically valuable than permitted uses, and that neighboring properties may in the future be put entirely to such prohibited uses. Grantor and Grantee agree that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of the Grantor, or its successors, or assigns, to conduct or implement any or all of the uses permitted under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 13. Proceeds. This Easement constitutes a real property interest immediately vested in the Grantee, which the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable solely to improvements which are allowed by this Easement) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant (the "Easement Value "). The values at the time of this grant shall be those values used to calculate the deduction, if any, 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. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. nAwordata \tcftBair\CMEagle CE 5 13 6/8/2004 14. 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 future that render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party and the Board 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 : ondemnation, 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 described 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. The County shall be entitled to receive sixty -three percent (63 %) of Grantee's compensation. The Board shall be entitled to receive twenty -nine percent (29 %) of Grantee's compensation. EVLT shall be entitled to receive eight percent (8 %) of Grantee's compensation. 15. Assignment. 15.1. Transfer by Grantee. The Conservation Fund may assign its rights hereunder to the County and to EVLT, upon notice to but without the further approval of the Grantor and the Board; such assignment shall be in writing and shall be recorded in the records of Eagle County. With the prior written consent of the Board (which consent shall not be unreasonably withheld), each co- Grantee shall have the right to transfer its interest in this Easement to any governmental entity or private nonprofit organization that, at the time of transfer, is a qualified organization under Section 170(h) of the United States Internal Revenue Code, and under Colorado Revised Statutes Section 38- 30.5 -101, et seq., (a "Qualified Organization"), including a co- grantee hereunder, and which has the capacity to enforce the terms of this Easement, and only if the organization expressly agrees to assume the responsibility imposed on Grantee by this Easement and agrees that the conservation purposes that this Easement is to advance continue to be carried out. If Grantee desires to transfer this Easement to a Qualified Organization having similar purposes as Grantee, but the Board unreasonably refuses to approve the transfer, a court with jurisdiction shall transfer this Easement (or the interest of the co- Grantee requesting such transfer) to another Qualified Organization having similar purposes and mission as Grantee and with the capacity to enforce the terms of this Easement, and that agrees to assume the responsibility of enforcing this Easement, provided that the Board and other co- Grantee receive notice of and an opportunity to participate in the court proceeding. 15.2. Transfer by Judicial Process. If (i) a Grantee ever ceases to exist, (ii) a Grantee is no longer a Qualified Organization, or (iii) a Grantee is no longer monitoring and enforcing the terms of this Easement to preserve and n: \wordata \tcABair\MEagle CE 5 14 6/8/2004 protect the Conservation Values of the Property, as determined by the Board in its reasonable discretion, then the Board may apply to a court with jurisdiction for such court to transfer this Easement (or the interest of the co- Grantee in question), on the grounds that one or more of (i) through (iii) has occurred, to the other co- grantee or to another Qualified Organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Easement and has the capacity to enforce the terms of this Easement. 16. 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, including, without limitation, conveyance of a leasehold interest to a third party. Grantor further agree to give written notice to Grantee and the Board 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 the transfer of the Property, nor impair the validity of this Easement or limit its enforceability in any way. 17. Grant in Perpetuity. The Easement herein granted shall be a burden upon and run with the Property in perpetuity and shall bind the Grantor, and its successors and assigns, forever. 18. Development Rights. Grantor hereby grants to Grantee all development rights except for the specific development rights reserved herein, for the limited purpose of ensuring that such rights are forever terminated and extinguished and may not be used on or transferred off of the Property to any other property, adjacent or otherwise, by Grantor, Grantee, or any other party, and may not be used for the purpose of increasing density or permitted additional uses on or off of the Property. 19. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and the party giving notice shall either serve personally or send by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice provided in the manner required in this paragraph to the other: The Grantee: At the address shown above: The Grantor: At the address shown above To the Board: n: \wordata \tcftBair\CE\Eagle CE 5 15 6/8/2004 Executive Director State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway, Suite 1650 Denver, CO 80202 To the County: Eagle County Administrator Eagle County-, Colorado P.O. Box 850 Eagle, Colorado 81631 To EVLT: Eagle Valley Land Trust Attention: Executive Director 410 McGregor, Suite 209 Gypsum CO 81637 20. Recording. Grantee shall record this instrument in timely fashion in the official records of Eagle County and may re- record it at any time as may be required to preserve its rights in this Easement 21. Miscellaneous. 21.1. Successors and Assigns. The terms "Grantor" and "Grantee ", wherever used herein, shall mean and include the above named Grantor and its successors and assigns and the above named Grantee and its successors and assigns, including the County and EVLT. 21.2. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 21.3. Liberal Construction. 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. 21.4. Partial Invalidity. If any provisions of the Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to other persons or circumstances shall not be affected thereby. 21.5. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, nAwordata \tcABair\CE\Eag1e CE 5 16 6/8/2004 negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. 21.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 21.7. Joint Obli ag tion. If in the future there is more than one Grantor, then the obligations of the G*-antor hereunder shall be joint and several. 21.8. No Third -Parly Beneficiarv. This Easement is entered into by and between the Grantor and Grantee, and except as provided herein, is solely for the benefit of the Grantor and Grantee, and their respective successors in interest and assigns and does not create rights or responsibilities in any third parties. 21.9. Non - Merger. This Easement and the Property which it encumbers constitute separate estates and no merger of Easement and title to the Property 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 title, estates or interests to occur and the parties have also obtained the prior written consent of the Board, the County and EVLT approving such merger of estates or interests of the Conservation Easement and the Property. This provision is not intended to affect the merger provisions in the contracts pursuant to which this Easement was acquired. 21.10. 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. 21.11. Termination of Rights and Obligations. Subject to the terms of the Assignment paragraph above which requires the approval of the Board and the County to a transfer of the Grantee's interest herein, 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. 21.12. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 21.13. 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 instrument under any applicable laws; and provided, further, that the prior written approval of the Board and the County shall be required. Any amendment must be nAwordata \tcftBair\C5Eag1e CE 5 17 6/8/2004 consistent with the conservation purposes of this instrument 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 Eagle County. 21.14. Termination of the Board. In the event that Article XXVII of the Colorado Constitution, which established the State Board of the Great Outdoor Colorado Trust Fund, is amended or repealed to terminate the Board or merge the Board into another entity, the rights and obligations of the Board 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. 21.15. Warren . Grantor covenants and warrants that it is lawfully seized and possessed of the land aforesaid and has the full right, power, and authority to execute this conveyance and that said land is free and clear of liens, claims, or encumbrances, except items of record, and that it will defend the title to the Easement conveyed herein and quiet enjoyment thereof against the lawful claims and demands of all persons claiming under Grantor. 21.16. Waiver. Failure of the Grantee to enforce the terms of this Easement shall not be deemed or construed to be a waiver by the Grantee of any such term or of any subsequent breach of the same or any other term of this Easement or the rights of the Grantee hereunder. Grantor hereby waives any defense available to Grantor pursuant to C.R.S. Section 38 -41 -119. Done as of the date first written above. nAwordata\tc AMACREagle CE 5 18 6/8/2004 GRANTOR JAMES CRAIG BAIR RANCH CO., a Colorado limited partnership Title: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , 2004, by , as James Craig Bair Ranch Co_, a Colorado limited partnership. (SEAL) WITNESS my hand and official seal. My commission expires: Notary Public nAwordata \tcABair\CE\Eagle CE 5 19 6/8/2004 day of of GRANTEE: THE CONSERVATION FUND, a Maryland non - profit corporation. Title: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by as of The Conservation Fund, a Maryland non - profit corporation. (SEAL) WITNESS my hand and official seal. My commission expires: Notary Public nAwordata \tcABair\CE\Eagle CE 5 20 6/8/2004 EXHIBIT A -2 BAIR RANCH — EAGLE COUNTY MAIN RANCH PARCEL Legal Description (Page 1 of 2) Eagle County, Colorado: Township 5 South, Range 86 West of the 6th Principal Meridian: Section 19: Lots 13, 14, 15 and 16; that portion of Tracts 45 and 46 in Section 19. Section 20: Lots 2, 5 and 6; SWl /4 NE1 /4 SW1 /4; S1 /2 SE1 /4 NE1 /4 SW1 /4; that portion of Tract 45 in Section 20. Section 29: Lots 4, 5, 6, 7, 8, 9, 12 and 14; SE1 /4 NW1A; SW1A NW1 /4; and WI/2 SWIA. Section 30: Lots 6, 7, 8 and 9; that portion of Tract 46 in Section 30. Section 31: Lots 8,9 and 10; SETA NE1 /4; N1 /2 NEIA; SW1/4 NEIA; El /2 E1 /2 NWIA; and E1 /2 W1 /2 E1 /2 NW1/4. Section 32: Lots 1, 2, 3, 4, 7 and 8; S1 /2 NI/2; and NWIA NWl /4 Township 5 South, Range 87 West of the 6th Principal Meridian: Section 24: S1 /2 S1 /2; N1 /2 SE1A; S1 /2 S1 /2 NE 1/4; NE1A SW1A and S1 /2 SE1 /4NW1 /4. Section 25: NE1 /4; E1 /2 NWIA; E1 /2 E1 /2 SWIA and W1 /2 W1 /2 SE1 /4 Section 35: Lot 4; NEIA SE1 /4, and El /2 SW1 /4 SE1 /4 (also called portion of Lot 3 in Eagle County). Section 36: Lots 1 and 2; and W1/2 NW1 /4 SW1 /4. n: \wordata \tcABair\CEAEagle CE 5 21 6/8/2004 EXHIBIT A -2 BAIR RANCH — EAGLE COUNTY MAIN RANCH PARCEL Legal Description (Page 2 of 2) Eagle County, Colorado: Township 5 South, Range 87 West of the 6`h Principal Meridian: Section 23: That portion of the S1 /2 SE 1/4 lying in Eagle County. Section 26: That portion of the NI /2 NI/2 lying in Eagle County. nAwordata \tcABair\CE\Eagle CE 5 22 6/8/2004 EXIHBIT B Map of Bair Ranch (including the Bair Ranch Garfield County property and the Bair Ranch Eagle County property) (attach) n: \wordata \icftBair\CE\Eag1eCE 5 23 6/8/2004 EX MIT B-2 MAP OF EAGLE COUNTY PROPERTY AND RANCH BUILDING AREAS (attach) n: \wordata \tcflBair\CE\Eagle CE 5 24 6/8/2004 EX=rr C -2 DESCRIPTION OF RANCH BUILDING AREAS ON EAGLE COUNTY PROPERTY RANCH BUILDING AREAS: RB-4. Spring Creek Cabin Area, Sec. 31, TSS, R86W. Two (2) acres in size. RB-5. Cottonwood Cabin Area, Sec. 19, TSS, R86W. Eight (8) acres in size. n: \wordata \tcf\Bair\CE\Eagle CE 5 25 6/8/2004 EXHIBIT D-2 LIST OF EXISTING STRUCTURES AND PERMITTED NEW STRUCTURES IN RANCH BUILDING AREAS IN EAGLE COUNTY RANCH BUILDING AREAS: RB-4. Spring Creek Cabin Area, Sec. 31, TSS, R86W. This area is two (2) acres in size. The existing structure in this area is a 768 square foot cabin. The existing structure shall not be enlarged, but may be maintained and repaired. Within this area the Grantor may construct a shed to house a hydroelectric generator and related facilities for small -scale generation of hydroelectricity to be used only in this area. There is an existing fish pond located at RB -4. RB -5. Cottonwood Cabin Area, Sec. 19, TSS, R86W. This area is eight (8) acres in size and is the original Mayne homestead. The existing structures are the two rustic cabins, which are square feet in size and square feet in size. The Grantor retains the right to maintain, repair, improve and replace the existing cabins anywhere within the Cottonwood Cabin Area and enlarge them each by up to 10 %. The Grantor has the right to construct, maintain and repair the following structures which were previously destroyed by fire with new improvements: corrals, two (2) lambing sheds (each 30 feet by 100 feet with open front, and each containing pens and stalls for lambing), and a 12 foot by 20 foot machine shed. A pond may be constructed within the eight (8) acre building envelope at this site. Within this area the Grantor may construct a shed to house a hydroelectric generator and related facilities for small - scale generation of hydroelectricity to be used only in this area RB -5. n: \wordata \tcABair\MEagle CE 5 26 6/8/2004 EXIMI T E -2 DESCRIPTION OF WATER RIGHTS ON EAGLE COUNTY PROPERTY Any and all water rights, ditches, and other water facilities on or associated with the Eagle County Property, including specifically those water rights described as follows (however, Grantor makes no warranties or representations as to the (a) legal title, except that Grantor warrants that is has not conveyed title to ;he water rights described in this Exhibit E -2 to another party; or (b) physical availability of the water rights): 1. Cottonwood Ditch: Administration Number: 29437.21674; Adjudication date: 08/30/1946; Appropriation date: 05/05/1909; Case No. 1038; 0.3900 CFS from Cottonwood Creek; type: ; uses: 2. Cottonwood Ditch Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 1.3600 CFS from Cottonwood Creek; type: ; uses: 3. Graham Ditch Administration Number: 14701.00000; Adjudication date: 11/20/1890; Appropriation date: 04/01/1890; Case No. 0.800 CFS from Cottonwood Creek; type: ; uses: 4. Graham Ditch Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 3.3100 CFS from Cottonwood Creek; type: ; uses: 5. Doll Ditch: Administration Number: 22580.00000; Adjudication date: 02/27/1912; Appropriation date: 10/28/1911; Case No. 1038; 1.500 CFS from Cottonwood Creek and Bob Creek; type: ; uses: 6. Doll Ditch Administration Number: 22580.00000; Adjudication date: 02/27/1912; Appropriation date: 10/28/1911; Case No. 575; 1.500 CFS from Cottonwood Creek: type: ; uses: 7. Doll Ditch: Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 3.5700 CFS from Cottonwood Creek: type: ; uses: 8. Bair Ditch: Administration Number: 29437.28975; Adjudication date: 08/30/1946; Appropriation date: 05/01/1929; Case No. 1038; 0.5600 CFS from Cottonwood Creek; type: ; uses: 9. Bair Ditch Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04 /01/1934; Case No. 1038; 2.2300 CFS from Cottonwood Creek; type: ; uses: nAwordata \tcABair\CE\EagleCE 5 27 6/8/2004 EXH[BIT F-2 ACKNOWLEDGMENT OF BASELINE DOCUMENTATION REPORT On behalf of THE JAMES CRAIG BAIR RANCH CO., a Colorado limited partnership, (the "Grantor"), the undersigned, James Craig Bair, general partner, and a representative of The Conservation Fund, a Maryland non -profit corporation, acknowledge that the "Bair Ranch Baseline Documentation Report" dated , 2004 is an accurate representation of the biological and physical condition of the Bair Ranch as of the date of conveyance of this Easement. GRANTOR: THE JAMES CRAIG BAIR RANCH CO., A Colorado limited partnership James Craig Bair, general partner (Date) GRANTEE: THE CONSERVATION FUND, a Maryland non -profit corporation by: (Date) title: n: \wordata \tcABair\CE\Eagle CE 5 28 6/8/2004 ASSIGNMENT OF INTEREST IN DEED OF CONSERVATION EASEMENT (Bair Ranch Property — Eagle County — Eagle Conservation Easement) THIS ASSIGNMENT OF INTEREST IN DEED OF CONSER VA TION EASEMENT (the "Assignment ") is given this _ day of July, 2004, by THE CONSERVATION FUND, a Maryland non -profit corporation with offices at ^ 800 North Kent Street, Suite 1120, Arlington, Virginia 22209 ("The Conservation Fund "), as Grantee of the Deed of Conservation Easement described herein, to the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE COLORADO ("Eagle County ") the address of which is 500 Broadway, Eagle County, Colorado 81631 -0850 and to the EAGLE VALLEY LAND TRUST, a Colorado non -profit corporation, the address of which is 410 Mcgregor, Suite 209, Gypsum, Colorado 81631, together as co- Assignees. The following Exhibit is attached hereto and made a part of this document: Exhibit A -2 - Description of the Eagle Conservation Easement Property RECITALS: A. LeGrande Bair Ranch Co., a Colorado limited partnership granted a Deed of Conservation Easement to The Conservation Fund, a Maryland non -profit corporation, which Deed of Conservation Easement was recorded 2004 in Book at Page in the records of Eagle County, Colorado (the "LGB Conservation Easement'). The LGB Conservation Easement encumbers 1160 acres of property located in Eagle County, Colorado. Upon its encumbrance by a deed of conservation easement, the LGB Conservation Easement Property was then immediately conveyed to James Craig Bair Ranch Co., a Colorado limited partnership. B. James Craig Bair Ranch Co., a Colorado limited partnership, together with James Craig Bair and Doris P. Bair granted a Deed of Conservation Easement to The Conservation Fund, a Maryland non - profit corporation, which Deed of Conservation Easement was recorded 2004 in Book at Page in the records of Eagle County and recorded 2004 in Book at Page in the records of Garfield County, Colorado (the "CB Conservation Easement'). The CB Conservation Easement encumbers 3158 acres of property located on the west and east sides of the LGB Conservation Easement Property, 1634 acres of which is located in Eagle County and 1524 acres of which is located in Garfield County. C. James Craig Bair Ranch Co., a Colorado limited partnership granted a restated Deed of Conservation Easement to The Conservation Fund, a Maryland non - profit corporation recorded 2004 in Book at Page in the records of Eagle County, Colorado which combined the LGB Conservation Easement with that portion of the CB Conservation Easement located in Eagle County so as to encumber all of the Main Bair Ranch located in Eagle County under a single deed of conservation easement (the "Eagle Conservation Easement'). The 2794 -acre Eagle County Conservation Property is described in Exhibit A -2. D. With this Assignment of Deed of Conservation Easement, The Conservation Fund is assigning its interest, as Grantee of the Eagle Conservation Easement, to the Board of n: \wordata \tcftBair\closing \Assign County EVLT 1 6/8/04 EXHIBIT V Q ;, County Commissioners of the County of Eagle Colorado and to the Eagle Valley Land Trust, a Colorado non -profit corporation. E. The Board of County Commissioners of the County of Eagle, Colorado, is a qualified organization under Section 170(h) of the Internal Revenue Code, and under C.R.S. Sections 38- 30.5 -101 et seq., to hold the Deed of Conservation Easement; and does by this Agreement accept assignment of the interest of The Conservation Fund in the Eagle Conservation Easement as a co- Assignee. F. Eagle Valley Land Trust, a Colorado non -profit corporation is a qualified organization under Section 170(h) of the Internal Revenue Code, and under C.R.S. Sections 38 -30.5- 101 et seq., to hold the Deed of Conservation Easement; and does by this Agreement accept assignment of the interest of The Conservation Fund in the Eagle Conservation Easement as a co- Assignee. G. The Grantor and the State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ") have been notified about this Assignment, as described in paragraph 15 of the Eagle Conservation Easement. AGREEMENT: Now, therefore, the parties agree as follows: 1. Assignment. The Conservation Fund hereby assigns all of its rights and obligations as Grantee under the terms of the Eagle Conservation Easement to the Board of County Commissioners of the County of Eagle Colorado and to Eagle Valley Land Trust, a Colorado non - profit corporation, as permitted in paragraph 15 of the Eagle Conservation Easement. 2. Acceptance of Assignment. The Board of County Commissioners of the County of Eagle Colorado and Eagle Valley Land Trust, a Colorado non - profit corporation, accept the assignment of the rights and obligations of The Conservation Fund under the Eagle Conservation Easement as co- Assignees and co- Grantees. The Conservation Fund is hereby released from any and all obligations as Grantee under the terms of the Eagle Conservation Easement arising after Assignment of the Eagle Conservation Easement. n: \wordata \tcABair\closing \Assign County EVLT la 2 6/8/04 GRANTEE and ASSIGNOR: THE CONSERVATION FUND, a Maryland non -profit corporation Lo Its: COUNTY OF ) ss. Date: The foregoing instrument was acknowledged before me this day of , 2004, by as of The Conservation Fund, a Maryland non -profit corporation. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public n: \wordata \tcftBair\closing \Assign County EVLT la 6/8/04 Co- ASSIGNEE (co- Grantee): BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Date: The foregoing instrument was acknowledged before me this 2004, by as County Commissioners of the County of Eagle Colorado. (SEAL) WITNESS my hand and official seal. My commission expires: Notary Public n. \wordata \tcf\Bair\closing \Assign County EVLT la 4 6/8/04 day of , of the Board of Co- ASSIGNEE (co- Grantee): EAGLE VALLEY LAND TRUST a Colorado non -profit corporation By: Its: STATE OF COLORADO ) ss. COUNTY OF ) Date: The foregoing instrument was acknowledged before me this day of , 2004, by as of the Eagle Valley Land Trust, a Colorado non -profit corporation. WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public n: \wordata \tcflBair\closing \Assign County EVLT la 6/8/04 EXIIIBIT "A -2" Description of Bair Ranch Eagle Conservation Easement Property (Page 1 of 2) Eagle County, Colorado: Township 5 South, Range 86 West of the 6a' Principal Meridian: Section 19: Lots 13, 14, 15 and 16; that portion of Tracts 45 and 46 in Section 19. Section 20: Lots 2,5 and 6; SW1/4 NE1 /4 SW1 /4; S1 /2 SE1/4 NE1 /4 SW1 /4; that portion of Tract 45 in Section 20. Section 29: Lots 4, 5, 6, 7, 8, 9, 12 and 14; SE 1/4 NW1A; SW1A NW1 /4; and W1 /2 SW1/4. Section 30: Lots 6, 7, 8 and 9; that portion of Tract 46 in Section 30. Section 31: Lots 8,9 and 10; SE1/4 NEl/4; N1 /2 NE1/4; SWl/4 NE1/4; E1 /2 E1 /2 NW1 /4; and E1 /2 W1 /2 E1 /2 NWl /4. Section 32: Lots 1, 2, 3, 4, 7 and 8; S1 /2 Nl /2; and NW1A NW1A Township 5 South, Range 87 West of the 6th Principal Meridian: Section 24: S1 /2 S1 /2; N1 /2 SE1A; S1 /2 S1 /2 NE 1/4; NE1A SW 1/4 and S1 /2 SE1/4 NWl /4. Section 25: NE1/4; E1 /2 NW1/4; E1 /2 E1 /2 SW1 /4 and W1 /2 WI/2 SE1/4 Section 35: Lot 4; NE 1/4 SE 1/4, and E1 /2 SW1A SE1A (also called portion of Lot 3 in Eagle County). Section 36: Lots 1 and 2; and WI/2 NW1 /4 SW1 /4. n: \wordata \tcftBair\closing \Assign County EVLT la 6 6/8/04 EXHIBIT A -2 Description of Bair Ranch Eagle Conservation Easement Property (Page 2 of 2) Eagle County, Colorado: Township 5 South, Range 87 West of the 6t' Principal Meridian: Section 23: That portion of the S1 /2 SE 1/4 lying in Eagle County. Section 26: That portion of the N1/2 N1/2 lying in Eagle County. n: \wordata \tcABair\closing \Assign County EVLT 1 a 6/8/04 Bair Ranch — Eagle s� AND a TEWARDSHIP CONSULTING INC Prepared by: Alan T. Carpenter, Ph.D., President Steven G. Perce, Associate Land Stewardship Consulting, Inc. 2941 — 2e Street Boulder, CO 80304 (303) 443 -8094 alanc@landstewardshipconsulting.com May 2004 s EXHIBIT Bair Ranch Eagle — E4.ement Documentation Report Table of Contents Tableof Contents ............................................................................. ............................... l Owner Acknowledgement Statement ................................................ ............................... 3 ExecutiveSummary ......................................................................... ............................... 5 Introduction..................................................................................... ............................... 6 Purpose and Methodology of the Baseline Documentation Report . ............................... 6 Conservation Values .............................................................. ............................... . ...... . 6 Bair Ranch Conservation Project ................................................... ............................... 6 Location and General Description of the Property ............................ ............................... 7 Locationand Size ......................................................................... ............................... 7 ........................... Legal Description .............................. ............................... ................. 8 Directions to the Property ............................................................. ............................... 8 BoundaryDescription ................................. ............................... ............... ................... 8 GeographicSetting ........................................................................ ............................... 8 Climate......................................................................................... ............................... 9 Geology........................................................................................ ............................... 9 Soils................................................................................................. ............................... 9 Hydrology ...................:......................................... ............................... ................ ......... 1.4 ................... ............................... Surface Drainage ......... :....... ............................... .....14 GroundWater ............................................................................... .............................14 Wetlands and Riparian Areas ....................................................... .............................14 Lakesor Ponds ........................................................................... ............................... 15 WaterRights ................................................................................. .............................15 ........... ............................... Plant Communities and Vegetation ........................... ...........15 Rare Plant Species and Communities ............................................ .............................15 PlantCommunities ........................................................................ .............................16 NoxiousWeeds ........................................................................... ............................... 18 Wildlife and Fisheries ..................................................................... .............................18 BigGame Species ......................................................................... .............................18 Non -game Wildlife ....................................................................... .............................19 Fisheries..................................................................................... ............................... 20 Threatened and Endangered Wildlife Species..... ......................... ............................... 20 Agriculture.................................................................................... ............................... 20 Improvements............................................................................... ............................... 20 Buildings.................................................................................... ............................... 20 Corrals........................................................................................ ...........................:... 21 Fences........:................................................................................ ............................... 21 Roads.......................................................................................... ............................... 21 UtilityLines ................................................................................ ............................... 21 Land Use and Management ............................................................ ............................... 21 HistoricLand Use ....................................................................... ............................... 21 CurrentLand Use ........................................................................ ............................... 22 FutureLand Use ......................................................................... ............................... 22 LocalArea .................................................................................. ............................... 22 CulturalResources ......................................................................... ............................... 22 1 Bair Ranch Eagle — Easement Documentation Report ArchaeologicalSearch ................................................................ ............................... 22 Open Space and Scenic Resources ................................................ ............................... 23 Management Recommendation ..................................................... ............................... 24 ReportPreparers ............................................................................. ............................... 25 Bibliography.................................................................................. ............................... 26 Appendix...................................................................................... ............................... 28 List of Tables Table 1. Summary data for imperiled plant species and communities for the property. Table 2. Noxious weeds observed on the property. Table 3. Colorado Breeding Bird Atlas results for the property. Table 4. Summary data for imperiled wildlife species for the property. List of Figures Figure 1. Regional map showing the general location of the property. Figure 2. Boundaries of the property. Figure 3. Adjacent and nearby properties. Figure 4. Geologic map of the property. Figure 5. Soils map of the property. Figure 6. General location of plant community types found on the property. Figure 7. Features of the property. Appendix Legal description of the Bair Ranch Eagle property Water rights appurtenant to the property Building area legal descriptions Aerial photograph of the property Plant list for the property Table A -1: List of photopoints Figure A -1: Map of photopoints Photographs Wildlife species list for Eagle County 2 Bair Ranch Eagle — Easement Documentation Report Owner Acknowledgement Statement Please complete to satisfy Section 1. 170A- 14(g)(5)(i)(D) of the federal tax regulations. Grantor Name: James Craig Bair Ranch Co. 66418 US Highway 6 & 24 Glenwood Springs, CO 81601 Grantee Names: Board of County Commissioners of the County of Eagle P. O. Box 850 Eagle, CO 81631 Eagle Valley Land Trust PO Box 3308 Eagle, CO 81631 I have read this baseline condition report carefully, and I believe that this report accurately and fairly depicts the condition of the 2,794 -acre Bair Ranch Eagle property as of the date of the conveyance of the conservation easement. For: JAMES CRAIG BAIR RANCH CO., a Colorado limited partnership James Craig Bair, General Partner Date For: BOARD OF COUNTY COMMISSIONERS OF COUNTY OF EAGLE, a Colorado body corporate and politic Date Date 0 Bair Ranch Eagle -- Easement Documentation Report For: EAGLE VALLEY LAND TRUST, a Colorado non - profit corporation Cindy Cohagen, Executive Director Date Bair Ranch Eagle -- Easement Documentation Report Executive Summary Property Owner: James Craig Bair Township, Range, Section: Township Ranch Co. 5S, Range 86W, Sections 19, 20, 29, 30, 31, and 32; Township 5S, Range 87W, Contact: Craig Bair, 66418 US Highway Sections 23, 24, 25, 26, 35, and 36; all 6 & 24, Glenwood Springs, CO 81601; of ie 6a' P. M. 970.945.7388 Acreage: 2,794 acres (more or less) USGS Quad: Cottonwood Pass Zoning: Agriculture The Board of County Commissioners of the County of Eagle and the Eagle Valley Land Trust are about to receive a perpetual conservation easement over certain real property in Eagle County, Colorado, referred to in this report as the Bair Ranch Eagle property. The property includes two tracts of land encompassing approximately 2,794 acres. It is located about 18 miles west of Eagle and 12 miles east of Glenwood Springs on the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon. The Bair Ranch Eagle contains a mix of vegetation types, including grassland, shrubland, woodland, and forest. The property contains ten natural plant communities, including marsh, riparian shrubland, narrowleaf cottonwood riparian forest, mesic aspen forest, southern sub- alpine forest, Douglas -fir forest, mixed mountain shrubland, pinor, juniper woodland, sagebrush shrubland, and northern west slope grassland. There are also areas of currently and formerly irrigated pasture. The property provides habitat for big -game species including elk, mule deer, black bear, and mountain lion. Maintaining the property in a largely open and undeveloped condition will be favorable for wide - ranging wildlife species such as black bear and mountain lion that prefer low levels of human occupation. The property also provides habitat for numerous non -game wildlife species including resident and migratory birds, small mammals, reptiles, and amphibians. The number of breeding bird species on the property is very high. Several perennial and ephemeral streams, including Cottonwood, Spruce, Bob, and Spring Creek, run through the property. The conservation values of the property are 1) wildlife habitat, 2) relatively natural plant communities, 3) open space, 4) scenic, and (5) agricultural preservation. The property provides a large area of open space near Glenwood Canyon for the citizens of Eagle County and the State of Colorado. The property is located adjacent to a large area of public land managed by the Bureau of Land Management. Maintaining the property as open space will benefit members of the public who use adjacent and nearby public lands. Substantial portions of the property are visible in the distance to motorists travelling on Interstate Highway 70. 5 Bair Ranch Eagle -- Easement Documentation Report Introduction Purpose and Methodology of the Baseline Documentation Report The purpose of this baseline documentation report is to establish the present condition of the Bair Ranch Eagle property, and to establish a baseline from which to consider and evaluate management decisions that affect the conservation values of the property. Throughout this report, the word "property" refers only to this 2,794 -acre Bair Ranch Eagle property, i.e., the portion of the larger Bair Ranch that is located in Eagle. County. To prepare this report, we contacted a number of people and organizations to obtain relevant information about the property and lands surrounding the property. We visited the property on October 29, 2003 and April 7, 2004. We prepared this report during April — June 2004. During our site visits we documented the plant and vertebrate species that we encountered as well as general plant community types, disturbances, and potential management concerns. Photographs were taken during our visit to the property. The photographs and a map showing the locations of the photographs are appended. Conservation Values The conservation values of the property are 1) wildlife habitat, 2) relatively natural plant communities, 3) open space, 4) scenic, and (5) agricultural preservation. The property provides habitat for big game species such as elk, mule deer, black bear, and mountains. The habitat is especially important for black bear and mountain lion, which are wide- ranging species that prefer low levels of human presence. The property provides diverse habitats for many species of small mammals, birds, reptiles, and amphibians. The property contains ten natural plant communities, including marsh, riparian shrubland, narrowleaf cottonwood riparian forest, mesic aspen forest, southern sub - alpine forestDouglas -fir forest, mixed mountain shrubland, pinon juniper woodland, sagebrush shrubland, and northern west slope grassland. The property provides open space for Eagle County and the State of Colorado_ Furthermore, the property is embedded in a landscape consisting mostly of large blocks of federal land, which is nearly all undeveloped. The property is very scenic and visible to motorists driving on Interstate Highway 70 and to users of adjacent and nearby public lands. Most members of the public would not be able to distinguish visually the property from adjacent public lands. Bair Ranch Conservation Project The conservation easement over the Bair Ranch Eagle property is part of the larger Bair Ranch conservation project. The purpose of the project is to protect the entire 4,318.17 -acre Bair Ranch from subdivision (except for the 11.4061 -acre Residential Parcel) from significant new development, which would adversely affect the wildlife, 6 Bair Ranch Eagle — Easement Documentation Report natural plant communities, open space, and scenic values of the property. In brief, the project involves transferring ownership of 1,160 acres of land within the Bair Ranch Eagle property from the LeGrande Bair Ranch Co. to the James Craig Bair Ranch Co. It also involves protecting the adjacent 1,524 acres of the Bair Ranch in Garfield County with a conservation easement to be held by the Bureau of Land Management. Finally, the project includes transfer of fee title of approximately 512 acres of land along the Colorado River east of Glenwood Canyon and owned by the James Craig Bair Ranch Co. to the Bureau of Land Management. When the land transactions are completed, the. 4,318.17 Bair Ranch (except for the 11.4061 -acre Residential Parcel) will be owned by the James Craig Bair Ranch Co., encumbered by two complementary conservation easements (one for the Eagle County portion and another for the Garfield County portion), and managed as a single unit. Location and General Description of the Property Location and Size The property is located in Eagle County, Colorado, about 18 miles west of Eagle (Figure 1). It consists of two blocks of land. The property is located along the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon (Figure 2). The property is located in Township 5S, Range 86W, Sections 19, 20, 29, 30, 31, and 32; i Township 5S, Range 87W, Sections 23, 24, 25, 26, 35, and 36 and 16; 6a' P. M. The elevation of the property ranges from approximately 6,680 feet (point where Cottonwood Creek exits the property) to 8,901 feet (on Dock Flats). The property is located at the eastern end of Glenwood Canyon in west - central Colorado. The property lies adjacent to or near large areas of federal land, including lands managed by the Bureau of Land Management and the US Forest Service (Figure 3). The portion of the Bair Ranch that lies in Garfield County lies immediately to the west of the property. The large expanse of federal land is nearly all undeveloped. Therefore, the proximity of the property to these federal lands greatly increases the wildlife, relatively natural plant communities, open space, and scenic conservation values of the property. The Bair Ranch Eagle property lies within the Glenwood Canyon Conservation Area as identified by The Nature Conservancy in its recent Southern Rockies ecoregional assessment (Neely et al. 2001). This means that the property lies within the portion of the broader Glenwood Canyon area that harbors certain plant and animal species and plant communities, and supports ecological systems that are critical to the conservation of the Southern Rockies ecoregion. Several of the conservation targets (i.e., plant and animal species and communities) are known to occur on the property. 7 Bair Ranch Eagle -- Easement Documentation Repot Legal Description See the Appendix for a complete legal description of the property. Directions to the Property From Eagle, drive west on Interstate Highway 70 to Glenwood Canyon. Contir±ue driving west to the Bair Ranch exit, which is the first exit in Glenwood Canyon. Cross the Colorado River on a narrow bridg° and turn left, drive 100 yards east, then turn right (south) under the railroad tracks. Follow the driveway to the left, past the first group of buildings to the ranch office. This would be the ideal location to meet with the ranch owners prior to the annual conservation easement monitoring visit, although the ranch office is not on the Eagle County property. To reach the property, a four -wheel drive vehicle is required. Roads are impassable immediately following major precipitation events. From the ranch headquarters, drive east on an improved ranch road over a small ridge to Spruce Creek. Follow the road south along Spruce Creek for about 'h mile. Take the road that runs east and upward for about one mile toward Spruce Ridge. The road is located on BLM land until it crosses the property about one mile east of Spruce Creek. The property lies east and south of this point. Boundary Description ."Owl The boundaries of the property are straight lines, with many corners. Generally speaking, the boundaries of the property are not obvious to persons unfamiliar with the property. Most of the perimeter of the property is not fenced. The boundaries of the property can be located approximately with an accurate map while one is driving around the property on the ranch roads. Geographic Setting Robert Bailey has prepared ecoregional maps of the United States, North America and the rest of the world. In Bailey's ecoregional map of the United States, he identified four broad domains: polar, humid temperate, dry, and humid tropical (Bailey 1995). The property is located in the Dry Domain, which essentially includes the western part of the United States west of the 97th parallel less the Cascade Range and Sierra Nevada Mountains on the west coast: Within the Dry Domain, the property is located in the Temperate Steppe Regime Mountains, which includes the Rocky Mountains from northwest Texas to Canada. Within this region, the property is located in the Southern Rocky Mountain Steppe - Open Woodland- Coniferous Forest - Alpine Meadow Province. This province includes the Rocky Mountains from central New Mexico to southern Montana. Within this region, the property is located within the North - Central Highlands and Rocky Mountain section, which includes the northcentral mountains in Colorado and southern Wyoming (Bailey et al. 1994). Bair Ranch Eagle -. Easement Documentation Report Climate There are no long -term climate data for the property. The climate of the property is similar to that of Glenwood Springs, Colorado, which is located about 12 miles west of the property at a slightly lower elevation. The Glenwood Springs station had an average annual precipitation of 16.6 inches for the period 1900 -2003 (Anonymous 2003). However, the mountains around Glenwood Canyon apparently create a small rain shadow, so the average annual precipitation at the Bair Ranch Eagle property is mo r likely about 15.5 inches (Anonymous 1984). At Glenwood Springs, The wettest two months are April and September. The driest two months are June and November. The average monthly mean temperature is about 46.7 degrees F. The hottest months are I-al y and August. The coldest months are December and January. Geology The geology of the property has been mapped at the 1:250,000 block scale (Tweto, 1979). Based on this map the property consists of four main geologic types (Figure 4). Pb- Belden Formation: Dark gray to black shale, carbonate rocks, and sandstone_ Map unit includes local thin lenses of Molas Formation (Pennsylvanian) at the base. A maximum thickness of 900 feet is found in the Elk Mountains, and White River Plateau, area. This thins eastward to depositional margins along the Gore Range near Hoosier Pass. The Belden Formation occurs mostly along Cottonwood Creek Pee- Eagle Valley Evaporite: Gypsum, anhydrite, and interbedded siltstone and minor dolomite. This unit is known to contain thick salt at depth in some places, as shown by wells drilled for oil and gas. This unit intertongues with Minturn, Belden, and Maroon Formations, and grades into fine- grained clastic rocks of Eagle Valley Formation. This geologic unit underlies most of the property. Ql- Landslide and Colluvial Deposites: On Grande and Battlement Mesas, consist primarily of large slump blocks of basalt irregularly veneered with young (Pinedale) glacial drift. This unit occurs in the central part of the property. Tbb- Basalt of Bimodal Suite: Dense black resistant alkali basalt in lava -flow layers 5- 200 feet thick, and interbedded tuffs and volcanic conglomerates. Basalt underlies the Dock Flats portion of the property. Soils The property contains 26 soil types (Figure 5). A brief description of these soil types is provided below. The descriptions are abstracted from Alstatt (1984). 9 Bair Ranch Eagle -- Casement Documentation Report 10- Anvik-Skylick-Slighting association, 10 to 25 percent slopes: This soil type is found on fans and mountain sides. The soil is about 30 percent Anvik soil, 30 percent Skylick soil, and 30 percent Slighting soil. The remaining 10 percent is made up of small areas of Cochetopa, Antrobus, Jerry, Forsey, Coulterg, and Ansel soils. The three main soils are all deep and well drained. In the Anvik soil, both the permeability and water capacity is moderate. Runoff is medium, and the hazard of water erosion is moderate. In the Skylick soil, permeability is moderately slow and the available water capacity is,high. Runoff is medium and the hazard of water erosion is moderate. In the Slighting soil type, permeability is slow and the available water capacity is low. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass VIe, nonirrigated. 11- Anvik-Skylick-Slighting association, 25 to 50 percent slopes: The soil make -up is similar to the soil association above, but this soil is found on 25 to 50 percent slopes. In all three soil types, the hazard of water erosion has changed to moderate to severe on the steeper slopes. The map unit is in capability subclass VIIe, nonirrigated. 17- Cochetopa - Antrobus association, 6 to 12 percent slopes: This soil is found on mountain sides and fans, and is made up of about 50 percent Cochetopa loam and 30 percent Antrobus very stony loam. The remaining percentage is made up of Forsey and Jerry soils. The Cochetopa soil is found in broad, slightly concave areas, and the Antrobus soil is on the steeper convex slopes. Both soils are deep and well drained. Cochetopa soils are found on slopes ranging from 6 to 12 percent slopes. Permeability is slow and the available water capacity is moderate. Runoff is medium and the hazard of water erosion is moderate. Antrobus soils are found on slope -, ranging from 10 to 12 percent slopes. Permeability is moderate and the available water capacity is low. Runoff is medium and the hazard of water erosion is slight. The map unit is in capability subclass VIe, nonirrigated. 18- Cochetopa - Antrobus association, 12 to 25 percent slopes: The soil has the same associations as above, except it is made up of 45 percent Cochetope. soil and 35 percent Antrobus soil, and found on slopes ranging from 12 to 25 percent. The runoff for both the Cochetopa and Antrobus soils is listed as being rapid with a moderate hazard of water erosion. The map unit is in capability subclass VIe, nonirrigated. 19- Cochetopa - Antrobus association, 25 to 50 percent slopes: The soil has the same associations as above, except it is made up of 45 percent Cochetop a soil and 40 percent Antrobus soil, and found on slopes ranging from 25 to 50 percent. The runoff for both the Cochetopa and Antrobus soils is listed as being rapid with a moderate to severe hazard of water erosion on the steeper slopes. The map unit is in capability subclass VIIe, nonirrigated. Q11 Bair Ranch Eagle v. Easement Documentation Report 20- Coulterg loam, 12 to 50 percent slopes: This well drained soil is on mountainsides and fans. Permeability is moderate and the available water capacity is high. Runoff is medium or rapid and the hazard of water erosion is moderate or severe on the steeper slopes. The map unit is in capability subclass VIIe, nonirrigated. 25- Cushool- Rentsac complex, 15 to 65 percent slopes This unit is made cif about 45 percent Cushool soil and 40 percent Rentsac soil. Include4 in this unit are small areas of Dollard and Irrawaddy soils and Rock outcrop. Cusho( A soil moderately deep and well drained. Permeability is moderate and the available we" , capacity is low. The runoff is rapid and the hazard of water erosion is severe. The Rentsac soil is shallow and well drained. The permeability is moderately rapid and the available water capacity is very low. The runoff is rapid and the hazard of water erosis'm is severe. The map unit is in capability subclass VIIe, nonirrigated. 39- Evanston loam, 6 to 25 percent slopes: This is a deep, well drained soil found on alluvial fans, terraces, and valley sides. Included in this unit are small areas of Trindell and Uracca soils. Permeability is moderate and the available water capacity is high. The runoff is medium and the hazard of water erosion is moderate. The map unit is in capability subclass `Ile, nonirrigated. 40- Evanston loam, 25 to 45 percent slopes: This is a deep, well drained soil found on alluvial fans, terraces, and valley sides. Included in this unit are small areas of Trindell soils. Permeability is moderate and the available water capacity is high. The runoff is rapid and the hazard of water erosion.. or severe on the steeper slopes. The map unit is in capability subclass VHe, nonirrigated. 42- Fluvaquents, 0 to 10 percent slopes: This broadly defined unit consists of deep, somewhat poorly drained, nearly level soils an floodplains and alluvial valley floors. Included in this unit are small, isolated areas of Redrop soils as well as isolated areas where water stands at or near the surface all year. The map unit is in capability subclass VIw, nonirrigated. 46- Forsey cobbly loam, 12 to 25 percent slopes: This is a deep, well drained soil found on alluvial fans, mountainsides, and ridges. About 25 to 30 percent of the surface is covered with cobbles. Included in this area are small areas of sandstone outcrops. The permeability is moderate and the available water capacity is also moderate. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass VIe, nonirrigated. 47- Forsey cobbly loam, 25 to 65 percent slopes: This is a deep, well drained soil found on alluvial fans. About 25 to 30 percent of the surface is covered with cobbles. Included in this area are small areas of sandstone outcrops. The permeability is moderate and the available water capacity is also moderate. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass VIIe, nonirrigated. if Bair Ranch Eagle - Easement Documentation Repo, 48- Fughes stoney loam, 3 to 12 percent slopes: This is a deep, well drained soil is on foot slopes. The permeability is slow and the available water capacity is also high. Runoff is medium, and the hazard of water erosion is moderate. The map unit is in capability subclass We irrigated and nonirrigated. 54- Grotte gravelly loam, 25 to 65 percent slopes: This is a deep, well drained soil .found on mountainsides. The permeability is moderat€:lr slow and the available water capacity is moderate_ Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. The map unit is in capability subclass VIle, nonirrigated. 55- Gypsum land- Gypsiorthids complex, 12 to 65 percent slopes: This soil unit is on mountainsides, hills, and along dissected drainageways. The unit is about 65 percent Gypsum land and 20 percent Gypiorthids. The remaining 15 percent arc. small areas of Torriorthents and Camborthids. The Gypsum land consists mainly of exposed parent material that has very high content of gypsum. The Gypsiorthids are shallow and moderately deep and well drained. Permeability is moderate and the available water capacity is low-or moderate. Runoff is very rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This map unit is in a capability class VIII. 64- Jerry loam, 25 to 65 percent slopes: This is a deep well drained soil found on alluvial fans and hills. The permeability and available water capacity is both moderate. Runoff is very rapid and the hazard of water erosion is moderate. The map unit is in capability subclass VIIe, nonirrigated. 65- Jerry- Millerlake foams, l to 6 percent slopes: This map unit is on alluvial. fans and valley side slopes and made of about 50 percent Jerry soil and 40 percent Millerlake soil. Both types are deep and well drained. Both the, permeability and available water capacity of the Jerry soil is moderate. Runoff is rapid, and the hazard of water erosion is moderate. In the Millerlake soil, the permeability is moderately slow and the available water capacity is high. Runoff is medium, and the hazard of water erosion is moderate. This map unit is in capability subclass VIe, irrigated and nonirrigated. 66- Jerry- Millerlake loams, 6 to 25 percent slopes: This map unit is on alluvial fans and valley side slopes and made of about 50 percent Jerry soil and 40 percent Millerlake soil. Both types are deep and well drained. Both types are deep and well drained. The permeability as well as the available water capaC it °y of the Jerry soil is moderate. Runoff is rapid, and the hazard of water erosion is severe. In the Millerlake soil, the permeability is moderately slow and the available water capacity is high. Runoff is medium, and the hazard of water erosion is moderate. This map unit is in capability subclass VIe, irrigated and nonirrigated. j Bair Ranch Eagle — Easement Documentation Report 68- Jodero loam, 1 to 12 percent slopes: This is a deep, well drained soil on alluvial valley floors and in depressions. Included in this unit are areas of Yeljack, Callings, and Southace soils. Permeability of the Jodero soil is moderate and the available water capacity is moderate. Runoff is slow or medium, and the hazard of water erosion is slight to severe on the steeper slopes. This map unit is in capability subclass lVe, irrigated and nonirrigated. 90- Mussel loam, 6 to 12 percent slopes: This is a deep, well drained soil found on terraces, - ns, and foot slopes. Included in ?his unit are small areas of Yaino soils. Permeability of the Mussel soil is moderate and the available water capacity is high. Runoff is slow, and the hazard of water erosion is moderate. This map unit is in capability subclass IVe, irrigated and nonirrigated. 97- Southace cobbly sandy loam, 6 to 12 percent slopes: This is a deep, well drained soil on upland terraces, mountainsides and alluvial fans. Included in this unit are areas of Morval, Goslin, Tridell soils. Permeability of the Southace soil is moderate and the available water capacity is low. Runoff is medium, and the hazard of water erosion is moderate. This map unit is in capability subclass Vie, nonirrigated. 103- Tanna - Pinelli complex, 12 to 25 percent slopes: This map unit is on fans and valley sides. It is made of about 50 percent Tanna soil and 40 percent Pinelli soil. Included in this unit are small areas of Dollard and Moyersa�, 4 soils. The Tanna soil is moderately deep and well drained. The permeability is slow and the available water capacity is low. Runoff is rapid, and the hazard of water erosion is moderate. The Pinelli soil is deep and well drained. The permeability is moderately slow and the available water capacity is high. Runoff is rapid, and the hazard of water erosion is moderate. This map unit is in capability subclass Vle, nonirrigated.- 104- Torriorthents- Camborthids -Rock outcrop complex, 6 to 65 percent slopes: This unit is on moderate sloping to steep, mainly south - facing mountainsides, hills, ridges, and foot slopes. This unit is about 45 percent Torriorthents, 20 percent Camborthids, and 15 percent Rock outcrop. The Torriorthents are shallow or moderately deep and are well drained. The Permeability is moderate and available water capacity is low. Runoff is rapid and the hazard of water erosion is severe. The Camborthids are shallow to deep and are well drained. The permeability is moderate and the available water capacity is low or moderate. The runoff is rapid and the hazard of water erosion is severe. This map unit is in a capability subclass VIle, nonirrigated. 105- Torriorthents -Rock outcrop complex, 45 to 95 percent slopes: This map unit is on steep or extremely steep, mainly south - facing mountainsides, hills, and ridges. This unit is about 45 percent Torriorthents and 35 percent Rock outcrop. The soil is shallow or moderately deep and well drained. Permeability is moderate and the available water capacity is low. Runoff is rapid, and the hazard of water erosion is severe. The map unit is in capability class VIII. 13 Bair Ranch Eagle — Easement Documentation Report 114- Yamo loam, 1 to 6 percent slopes: This is a deep, well drained soil found on fans, and toe slopes. The permeability is moderate and the available water capacity high. Runoff is slow, and the hazard of water erosion is slight. This map unit is in a capability class IVe. 115- Yamo loam, 6 to 12 percent slopes: This is a deep, well drained soil found on fans, and toe slopes. The permeability is moderate and the available water capacity high. Runoff is medium, and the hazard of water erosion is slight. This map unit is in a capability class IVe. Hydrology Surf ace Drainage The vast majority of the property drains to the Colorado via Cottonwood Creek:. A small portion of the western end drains into Spruce Creek, which joins the Colorado River. The Dock Flats portion of the property drains into Spruce Creek and Bob Creek- which is a tributary of Cottonwood Creek. Fry Gulch drains the eastern-most fringe of the property. The streams are ephemeral, except for Cottonwood Creek and Spring Creek, which are perennial in most years. However, the creeks did not have perennial flow in 2002 due to the severe drought. %aw Ground Water Ground water probably flows from south to north generally following the surfacfu topography. Most of the property functions as a ground water recharge zone. Some ground water discharge occurs along streams and in springs. We observed several swat springs along Spring Creek; other springs are present on the property (C. Bair, pers. comm.). Wetlands and Riparian Areas The US Fish and Wildlife Service has mapped wetlands for much of Colorado as part of the National Wetlands Inventory. However, the NWI mapping for the property is not complete and is not available. The Colorado Division of Wildlife's Colorado Riparian Mapping Project has mapped riparian vegetation over much of Colorado, but not for the property. Nevertheless, the property does contain small areas of wetlands and some riparia - areas. The most prominent wetland is a narrow band of marsh around the pond that is located next to the hunting cabin on Spring Creek. There are also small areas of wetlands. around springs on Spring Creek. Riparian areas are located along the drainage bottoms, most notably Cottonwood Creek and Spring Creek. The riparian areas along Cottonwood Creek are dominated by narrowleaf cottonwood riparian forest (in drier sites) and riparian El Bair Ranch Eagle — Easement Documentation Report shrubland (in wetter sites). These plant communities are quite different from the adjacent upland communities. The riparian areas along Spring Creek are generally similar to those on the adjacent uplands and are dominated by conifers, such as Engelmann spruce (Picea engelmannii) and Colorado blue spruce (Picea glauca). Lakes or Ponds We observed several small stock ponds on the property (Figure 7). They am supplied with water from surface runoff and dry up during periods of dry weather. is one permanent pond on the property located along Spring Creek next to a hunting cabin. The pond is about iia acre in size and is shallow. It is supported by spring flow, The landowner is currently constructing a new stock pond in the vicinity of the "Bob Cat" site, which is allowed by the conservation easement. Water Rights There are significant water rights appurtenant to the property. The water rights are used to irrigate lands along Cottonwood Creek and, to a lesser extent, along Bob Creek. These water rights collectively amount to about 15 cubic feet per second of water See the Appendix for a complete list of water rights appurtenant to the property. Plant Communities and Vegetation Rare Plant Species and Communities A Colorado Natural Heritage Program (CNHP) database search for the property identified one plant species that may be present and one plant community that is present on the property (Table 1). The Harrington beardtongue grows in sagebrush lands in Eagle County east of the property. The montane aspen forest is common on the propers y. A more intensive search of the property during June and July when most of the rare plant species are flowering might reveal additional rare plant species on the property. Table 1. Summary data for imperiled plant species and plant communities that am tracked by the Colorado Natural Heritage Program and may be present on the property. Asterisks denote species and communities that were observed on the property during our site visit 2 Bair Ranch Egg!a, - Easement Documentation Ropoell, Plant Communities We identified ten native plant communities on the property using the classification ofGalatowitsch (1988). They are 1) marsh, 2) riparian shrubland, 3) narrowleaf cottonwood riparian forest, 4) mesic aspen forest, 5) southern sub - alpine forest, 6) Douglas -fir forest, 7) mixed mountain shrubland, 8) pinon juniper woodlam," sagebrush shrubland, and 10) northern west slope grassland. In addition, there areal.- of irrigated pasture. Plant names below follow Weber and Wittmann (2001) Witt! common synonyms provided. Marsh: A small area of marsh occurs around the edge of a pond near Spring Creek (Figure 6). Common herbaceous species include beaked cattail (Typha sp.) and grass (Calamagrostis canadensis). Riparian shrubland: This community occurs along Cottonwood Creek where the water table is at or close to the surface (Figure 6)_ The dominant shrub species are mountain willow (Salix monticola), western birch (Betula occidentahs), chokecherry (Padus virginiana ssp. melanocarpa = Prunus virginiana ssp. melanocarpa), and red -osier dogwood (Swida sericea = Cornus stolonifera). Common herbaceous species include Great Basin wildrye (Elymus cinereus) and beaked sedge (Carex utriculata). Narrowleaf cottonwood riparian forest: This community occurs along the banks of Cottonwood Creek (Figure 6). The dominant tree species is narrowleaf cottonwood (Populus angustifolia). Shrub species include skunk brush (Rhus aromatica ssp. trilobata) and chokecherry. The dominant herbaceous species are Kentucky bluegrass (Poa pratensis) and western wheatgrass (Pascopyrum smithii = Agropyron smithii). Mesic aspen forest: This community occurs mostly on east - facing slopes and in ravines in the higher- elevation portions of the property (Figure 6). The dominant tree species is aspen (Populus tremuloides). The common shrub species include prostrate juniper (Juniperus communts) and snowberry (Symphoricarpos rotundifolius). The dominant herbaceous species are smooth brome (Bromposis inermis = Bromus inermis), Kentucky bluegrass (Poa pratensis), and Porter bromegrass (Bromopsis porteri = Bromus porteri). The soils surface is mostly completely covered by plant litter and living plants. Ripanan shrubland &Io-ag Cottonwood Creek; pl­ it i , 1 i i 0 Narrowleaf cottonwood e ipadan forest along Cottonwo,' _a r'yeek; ! photo 9 i E Bair Ranch Eagle -- Easement Documentation Repoe, Douglas -fir: This community occurs on relatively cool north - facing slopes at higher elevations (Figure 6). The dominant tree species is Douglas -fir (Pseudotsuga me= eszi) as are Grambel oak (Quercus gambelii) and Oregon grape (Mahonia vepens). Aspca is also present. Mixed mountain shrubland:- The community occurs over wide areas of the property (Figure 6). The dominant plant species are Gambel oak (Quercus gambelii) in dr ±er locations and serviceberry (Amelanchier alnifolia) is moister areas. Other common shrubs include mountain sagebrush (Artemisia vaseyana = Artemisia tridantata ssp. vaseyana) and snowberry. Common herbaceous species include western wheatgrass (Pascopyrum smithii = Agropyron smithii), bluebunch wheatgrass (Pseuilorogneria spicata = Agropyron spicatum), and smooth brome. The soil surface is generally covered with a dense layer of plant litter. Pinon juniper woodland: Small `areas of this community occur on dry slopes, typically west- or south - facing (Figure 6). The dominant species are pinoii: pine (Pinus edulis) and is Utah juniper (Sabina osteosperma = Juniperus osteosperma). The most common shrub is Gambel oak, mountain mahogany (Cercoupus montanus) is also present: Common herbaceous species include Indian ricegrass (Stipa hymenoides = Oryzopsis hymenoides) and bluebunch wheatgrass. The soil surface is mostly bare ground;'wrth most of the rest being plant litter and lichen. Sagebrush shrubland: The community occurs in the drier areas (Figure 6). The dominant plant species is mountain sagebrush. Common herbaceous species include Sandberg bluegrass (Poa secunda) and bottle brush squirrel tail (Elymus clymoides = sitanion hystrix). The soil surface is generally bare soil, reflecting the dry conditions and the dominance by sagebrush. Northern west slope grassland: The community occurs on Dock Flats, a high, dry, wind -swept area (Figure 6). The dominant herbaceous species include Arizona fescue (Festuca arizonica), needle - and - thread (Hesperostipa comata = Stipa comata), and Thurber fescue (Festuca thurberi). The most common shrub is rubber rabbitbrush (Chrysothamnus nauseosus). The soil surface is generally covered with plant litter and living plants, with little bare ground. This occurrence of grassland is in excellent condition. Mixed mountain shi-ubl.x d— Photo 20 Pinon juniper woodia;�d, Photo 6 Sagebrush shrubland; Photo 13 [h Southern sub - alpine forest.- This community occurs on north facing slopes and in ravines at higher elevations (Figure 6). The dominant plant species is Engelmann spruce (Picea engelmannii). Aspen are also common in some stands. Sub - alpine forest appears to replace aspen forest over tome in the absence of fire. Stands of sub - alpine forest along Spring Creek were recently logged. A ( xious Weeds We observed six species of noxious weeds on the property (Table 2). Howeve,•, other noxious weed species that we :did:not observe surely exist because most of the fie! 01 work occurred outside of thegrowing season when most of the noxious weeds had senesced. The most significant .noxious-weed occurrence found was a' /e -acre patch of Russian knapweed (Acrophloh.repens = Centaurea repens) near old Mayne homestead cabin near the junction of Cottonwood Creek and Bob Creek. This needs to be controllm -i before it spreads to other areas. . T. yf iisSr Table 2. Noxious weed species otis­ ,"'ed on the Bair Ranch Eagle property. Canada thistle (Breea arvensis = Qrs uzri arvense) Cheatgrass (Anisantha tectoru)n = BrQOii is tectorum) Common mullein (Verbascum thaps#s),4., r Musk thistle (Carduus nutans) Russian knapweed (Acroptilon repens = Centaurea repens) Scotch thistle (Onopordum acanthium) Bair Ranch Eagle •- Easement Documentation Repoft Southern sub - alpine forest, Photo 16 NY fife °and Fisheries The property harbors ten natur�;plant communities, which is a high number for an area of this size. This means that 0 property contains a wide variety of habitats for wildlife. Wildlife species typically prefer certain structural habitats, e.g., grassland, evergreen shrubland, deciduous shrabland, woodland, evergreen forest, and deciduous forest. The property contains all of these habitats. The property provides movement corridors between areas of public land,fpr larger species of wildlife, such as elk, mule deer, black bear, and mountain lion. Wildlife produced on the property venture on to adjacent and nearby public lands where members of the public can hunt them. Big Game Species Elk (Cervus elaphus) and mule deer (Odocodeus hemiomrs) are the primary big game species on the property. In particular, the property provides both winter and summer range for elk and mule deer. Other wide - ranging big game species that are known to use the property include black bear (Ursus americanus) and mountain lion is Bair Ranch Eagle — Easement Documentation Report (Felis concolor). The property is a fall feeding area for black bear due to extensive patches of oakbrush, serviceberry, and chokecherry (B. Heicher, pers. comm.). The property's relative►y undeveloped character, and its position in a larger minimally developed landscape also contribute" to the excellent habitat for black bear. Non game lldlife The property provides habitat for many species of small mammals, including mice, voles, chipn,.' nks, rabbits,' badgers (Taxidea taxus), and coyotes (Carus la&_'71 as). The property also provides habitat - fbr..other vertebrates, namely, birds, reptiles and amphibians. We also included a Natural Diversity Information Source (NDIS) wildlife species list for Eagle County °in the Appendix. This list is derived from the Colorado Division of Wildlife's Latilong Database and edited to exclude species that would probably not be found on the property based on range maps and habitat descriptions in Fitzgerald et al. (1994), Hammerson (1999), and Kingery (1990. The Colorado Bird Atlag Partnership and the Colorado Division of Wildlife have published the Colorado Breeding Bird Atlas. Under the auspices of this program, volunteers have surveyed birds in a priority block in the southeastern corner of each U.S. Geological Survey 7 '/2 minute quadrangle map in Colorado. A priority block is a rectangle which is 3 miles (north - south) by 3 '/2 miles (east - west), or one sixth of a quadrangle. The property does not lie within the priority block for the Cottonwood Pass quadrangle. However, it appears that the property and the priority block have comparable habitats for breeding birds. Thus, the Breeding Bird Atlas data for that quadrangle indicate the bird species that one might expect to inhabit the property. The bird species that are likely to be found on the property are listed in Table 3. The 64 species is 52% higher than the state -wide average of 42 breeding birds per priority block, which places this block in the top 10% of all of Colorado's priority blocks. The property, has. a very high diversity of breeding birds. The Breeding Bird Atlas lists several predatory bird species that are likely to breed within the quadrangle. Of these, the property provides habitat for Cooper's hawl:, red- tailed hawk, American kestrel, and great horned owl. The property also is a production area for wild turkey (B. Heicher, pers. comm.), although the Breeding Bird Atlas does not list this species for the Cottonwood Pass quadrangle. 19 Bair Ranch Eagle Easement Documentation Report Table 3. Breeding bird species "confirmed ", "probable" or "possible" within the Cottonwood Pass quadrangle priority block and for which suitable breeding habitat exists on the property. Turkey Vulture Red- breasted Nuthatch Gadwall White- breasted Nuthatch Mallard Brown Creeper Green- winged Teal House Wren Ring - necked Duck Ruby- crowned Kinglet Cooper's Hawk Blue -gray Gnatcatcher Red - tailed Hawk Mountain Bluebird American Kestrel Townsend's Solitarire Blue Grouse Swainson's Thrush Spotted Sandpiper Hermit Thrush Mourning Dove American Robin Great Homed Owl Sage Thrasher Broad - tailed Hummingbird Orange- crowned Warbler Red -naped Sapsucker Virginia's Warbler Downy Woodpecker Yellow Warbler Hairy Woodpecker Yellow - rumped Warbler Northern Flicker MacGillivray's Warbler Olive -sided Flycatcher Western Tanager Western Wood -pewee Green- tailed Towhee Dusky Flycatcher Chipping Sparrow Cordilleran Flycatcher Vesper Sparrow Plumbeous Vireo Fox Sparrow Warbling Vireo Song Sparrow Steller's Jay Lincoln's Sparrow Clark's Nutcracker White - crowned Sparrow American Crow Dark -eyed Junco Common Raven Black- headed Grosbeak Tree Swallow Brewer's Blackbird Violet -green Swallow Brown- headed Cowbird Northern Rough - winged Swallow Cassin's Finch Black- capped Chickadee Red Crossbill Mountain Chickadee Pine Siskin Fisheries The pond that is located next to the hunting cabin in the Spruce Creek drainage is stocked with rainbow trout. 20 Bair Ranch Eagle -- Easement Documentation Report Threatened and Endangered Wildlife Species An NDIS database search of the property for State and Federally listed Threatened and endangered species identified one species (a bird) that may use the property (Table 4). Bald Eagles could roost in the large cottonwoods along Cottonwwid Creek. NDIS uses known species locations and ranges as well as potentially suitable. habitat models to predict areas where species may occur. Thorough, periodic sear -- hee the property would be required to positively identiiij the presence of the following species on the property. Table 4. Summary data for imperiled wildlife species that are tracked by the Colorado Natural Heritage Program and that may be present or utilize the property. Agriculture The property is used for agricultural purposes, primarily sheep grazing. Portions of the property are irrigated to produce forage for livestock. In a typical year the sheep are trucked to a public land grazing allotment in Utah on October 1. The sheep stay there until May 1 at which time the sheep are trucked back to the Bair Ranch wish <: they graze on private ground. On June 15, the sheep are trucked to a grazing allotinerA on the White River National Forest north of the Colorado River. The sheep graze them= until October 1 when they are trucked to Utah. Improvements The property contains some improvements, and those that are present do not compromise the conservation values of the property. Buildings The property contains a modern hunting cabin along Spring Creek and five dilapidated homestead -era buildings at the Mayne homestead site at the confluence of Cottonwood Creek and Bob Creek (Table 5). KE Bair Ranch Eagle - Easement Documentation Rer:e,sr Corrals The property contains a set of corrals near Bob Creek in an area which has bee. _ irrigated in the past. Fences Most of the perimeter of the property is not fenced. There are internal fence.,,,_ serge locations. Roads There are several ranch roads that run through the property (Figure 7)- Th% in'., roads are graded but not graveled. The roads connect with adjacent lands managed i -, F' Bureau of Land Management. Utility Lines There is a high - voltage overhead power line that runs across the southeaster: corner of the property. ,) Table 5. Buildings that are located on the Bair Ranch Eagle property. Ranch Building Area 4; Spring Creek Cabin Area -Modern log hunting cabin, 2 story, 768 square feet of enclosed space, + front porch Ranch Building Area 5;.Cottonwood Cabin Area (all buildings are single story) -Log cabin, 180 square feet -Log cabin, sod roof, 504 square feet -Newer wood frame shed, 234 square feet -Log cabin, metal roof, 280 square feet - Outhouse, log construction, sod roof, 36 square feet - Outhouse, frame construction, 36 square feet Land Use and Management Historic Land Use Historically, the property was used for sheep ranching. Ranching has been the principal land use in the vicinity for over a century. M Bair Ranch Eagle Easement Documentation Repot Current Land Use Currently, the property is used primarily for sheep ranching, and, to a lessee extent, guest ranching activities, such as hunting and horseback riding. Future Land Use The property will continue to be used primarily for sheep ranching for the foreseeable future. Guest ranching will also continue. Permitted uses include goes= lodging, hunting, camping in the Ranch Building Areas, horseback riding, guiding, outfitting, fishing cross country tours on existing roads, and hay rides. Tm3 Conservation Easement creates two Ranch Building Areas (Figure 7). RB -4 is, two t- :,.�- -- _ in size and is located along-Spring Creek, and RB -5 is 8 acres in size and is located a" Cottonwood Creek. Several•structures are located in these Ranch Building Areas 5). The hunting cabin in Ranch Building Area 4 may be maintained, repaired and reconstructed. The two rustic log cabins in Ranch Building Area 5 may be maintains repaired, improved, replaced, and enlarged by 10% of their current floor space. trras" ?=`-. may also build small hydroelectric generation facilities in Ranch Building Areas 4 ay-t ` for use in the respective locations. Grantor may also construct, maintain, and repair t lambing sheds, a machine shed, and a corrals in Ranch Building Area 5. Local Area The predominant land use in the immediate area is ranching. However, ranchi:M -; is being replaced by second -home development in much of Eagle County. People from the Front Range are buying lots in the area and building secons! homes in rural subdivisions on 35 acre (or larger) parcels that do not require C(unt;, subdivision approval. Between 1990 and 2000 the population of Eagle County incr ; 90.4 percent to 41,659 persons (U.S. Census Bureau). This increase was signiticaut!e -. greater than the statewide increase of 30.6 percent. As the population of the State of Colorado and Eagle County continue to rise, conserving important natural habitat and communities becomes increasingly more important. The conservation easement fc.r t property helps serve that purpose. Cultural Resources Archaeological Search We reviewed the on -line files of the Colorado Historical Society to determine 'f the area (Township 5S, Range 86W, Sections 19, 20, 29, 30, 31, and 32; Township 5 S, Range 87W, Sections 23, 24, 25, 26, 35, and 36; 6th P. M.) contained known M Bair Ranch Ea. b -, — Easement Documentation Rou'o,ni archaeological or historical sites. Four surveys have been completed in the area. Thy surveys did not list any sites located on or near the property. We did not observe art archaeological artifacts on the property. The three rustic cabins at the Mayne homec.r on Cottownood Creek probably have historical significance. Open Space and Scenic Resources The property provides open space on the southern side of Glenwood Canyo the citizens of Eagle County and the State of Colorado. The property is located adi, or near large areas of federal land "managed by the Bureau of Land Management a� �: `.., US Forest Service. Greatly limiting the development to the existing structures and will maintain the exisfing.large area of private and public open space. Developmene pressures in Eagle County will continue to diminish the amount of open space in thv Portions of the proper . Fe visible to motorists on Interstate Highway 70. T property is similar in appearance;to the adjacent public lands, namely undeveloped shrubland and forest. Views from Interstate 70 are very attractive, with open vistas tl.:. do not appear to be affected by human activities. When Interstate 70 was constructer through Glenwood Canyon in the 1980s and 1990s, millions of dollars were spent on asethetic features that greatly increased the visual appeal of this major highway. Limitation of development on the property will maintain its current open, rural, and scenic character in a way that complements the aesthetic improvements on Interstatr Protecting the property will promote several guiding principles in the Eagle County Master Plan (Anonymoiis'1996). They are: Guiding policy: Pursue a variety of approaches to preserve land as open space (this project involves fee -title purchase and conservation easement acquisition.) Guiding policy: Preserve open'cdrridors between existing communities to promote ti!.- individual physical identity and maintain the character of the county. (The project wo prevent large scale development between Glenwood Springs and Dotsero.) Guiding policy: Maintain and enhance critical wildlife areas. (The project would accomplish this by greatly limiting development of the property.) 23 Bair Ranch Eagle — Easement Documentation Report Management Recommendation We recommend eradicating the occurrence of Russian knapweed that is located near the Mayne homestead along Cottonwood Creek. Livestock and wildlife can spread seeds of this aggressive noxious weed to other parts of the ranch. The simplest was to do so would be to spray the occurrence with a mixture of clopyralid + 2,4 -D herbicides (tradename Curtail) in the fall after the first killing frost. This treatment will need to be repeated for several consecutive years, plus the treated area will need to be re- seeded to prevent other weeds from colonizing the site. .': r . r 24 Bair Ranch Eagle - - Easement Documentation Report LAND TEWARDSHIP C O N S U L T I N G I N C Report Preparers This report was prepared by Alan T. Carpenter and Steven G. Perce, Land Stewardship Consulting, Inc., 2941 20'' Street, Boulder, CO 80304; telephone (303) 443- 8094. Information in this report was derived primarily from our site visit, unpublished reports and interviews with people who are knowledgeable about the property or the area around the property. Alan T. Carpenter owns a small business, Land Stewardship Consulting, Inc., whose mission is to provide practical land management advice that public land managers, agencies, and private landowners will use to improve or maintain the biodiversity and other conservation values of their lands. Alan has overall responsibility for all aspects of the business, particularly planning projects, conducting field work, analyzing data, and writing reports for clients on a variety of land conservation- related topics. Prior to that, he worked for nine years for The Nature Conservancy where he oversaw the stewardship of Conservancy fee properties and conservation easements in Colorado. In that capacity., he participated in strategic planning, prepared land management plans, developed and implemented plant monitoring programs, worked with scientists on research and inventory projects, and administered grants and contracts. He was a research associate for two years at Colorado State University in the Department of Rangeland Ecosystem Science where he worked on a land reclamation project in the Piceanace Basin in northwestern Colorado. He has a BS in chemistry, MA in secondary education, MS in water resources management, and a Ph.D. in range ecology. Alan has been involved in a number of professional groups and volunteer organizations in Colorado including the Colorado Rockies Regional Cooperative, the Colorado Riparian Association, and the Colorado Branch of Holistic Management. Alan has been the lead author of over fifty baseline documentation reports. Steven G. Perce started working for Land Stewardship Consulting, Inc. in August, 2002. Steven is responsible for collecting information and creating the various maps and supporting images that accompany the reports for clients. Prior to working for Land Stewardship Consulting, he has worked as a project designer in several architectural firms in the Front Range area as well as in Jackson, Wyoming. While working in this capacity, he managed projects ranging from the design of single - family homes to interior tenant finishes. He received his Bachelor of Environmental Design from the University of Colorado. 25 Bair Ranch Eagle — Easement Documentation Report Bibliography Anonymous. 1984. Colorado average annual precipitation 1951 - 1980. Colorado Climate Center, Colorado State University, Fort, Collins, CO. Map at a scab of 1:500,000. Anonymous. 1996. Eagle County strategic master plan. Eagle County Community Development, Eagle, Colorado. Alstatt, D., and Moreland; D., 1984. Soil Survey of Aspen - Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties, Soil Conservation Service, US Dept. of Interior, Washington D.C. Bailey, R.G. 1995. Descriptions of the ecoregions of the United States. Second edition revised and expanded. USDA — Forest Service, Miscellaneous Publication Number 1391 (revised). Washington, D.C. 108 pages with separate map at scale of 1:7,500,000. Bailey, R.G., P. E. Avers, T. King, and W. H. McNab. 1994.Ecoregions and subregions of the United States. USDA — Forest Service, Washington, D.C. Map at sr; w: of 1:7,500,000. i Fitzgerald, J. P., C. A, Meaney, and D. M. Armstrong. 1994. Mammals of Colorado. Denver Museum of Nature and Science, Denver, CO and University of Colorado Press, Boulder, CO. Galatowitsch, S. 1988. Colorado's natural vegetation. Unpublished report on file at the Colorado Natural Areas Program, Colorado Department of Natural Resources, Denver, CO. Hammerson, G. A. 1999. Amphibians and reptiles in Colorado : a Colorado field guide. Second edition. University of Colorado Press, Boulder, CO and Colorado Division of Wildlife, Denver, CO. Kingery, H.E. (Ed.). 1998. Colorado breeding bird atlas. Colorado Bird Atlas Partnership, Denver. Natural Diversity Information Source (NDIS). Internet 8/20/02. Available- http://ndis.nrel.colostate.edu Neely, B, P. Comer, C. Moritz, M. Lammert, R Rondeau, C. Pague, G. Bell, H. Copeland, J. Humke, S. Spackman, T. Schulz, D. Theobald, and L. Valutis. 2001. Southern Rockies Mountains: An Ecoregional Assessment and conservation blueprint. Unpublished report on file at The Nature Conservancy of Colorado, Boulder, CO. 26 0 Bair Rancl, Eagle -- Easement Documentation Report Tweto, O. 1979. Geologic map of the Leadville 1x2 degree quadrangle, Colorado. US Geological Survey, Denver, CO. U.S. Census Bureau. Internet 12/07/01. Available: http://www.census.gov/index.html Weber, W. A. and R. C. Wittmann. 2001. Colorado flora -- western slope. Thi-. "' edition. University of Colorado Press, Boulder, CO. Bair Ranch Eagle — Easement Documentation Report List of Figures Figure 1. Regional map showing the general location of the pr-operty. Figure 2. Boundaries of the property. Figure 3. Adjacent and nearby properties. Figure 4. Geologic map of the property. Figure 5. Soils map of the property. Figure 6. General location of plant community types found on thc. property. Figure 7. Features of the property. Appendix Legal description of the Bair Ranch Eagle property Water rights appurtenant to the property Building area legal descriptions Aerial photograph of the property Plant list for the property Table A -1: List of photopoints Figure A -1: Map of photopoints Photographs Wildlife species list for Eagle County Pill Figure I Regional Location ofitlw, Property Eagle County 777 Colorado River Ranch Headqu; i V-11 19� 54" Glenwood Can on z f, d. j h Bair Ranch- Eagle Parcel 7� W E 0-4 0.3 0 0.3 0.6 Miles srrosNONE ovAp� �duNlreo ST rs CW.ORADO -GARF[ ➢EPMENT OF 7 E INTERIOR 73 MINUTE SERI(S ( 1C7 GEOLOGICAL S _`I „r/ ^,,, �'is _- '” .. .,'", p ul •moap• RVEY o.r ,: ltlti, -�T "\;,;t:p `:,.i�i3 "(::yj• y!, _ •-� „ ,tt.r. W. -��I�` • I 'tea �1 ", � 11 ��, M •S� -_ • IZ,, ' +„ Y ' '.N'II -.� . - : , M _ Yrp• - _ ., �; y'j,1 ,t^;:,'^�.L[�';.,y =" _� U:��,�` {�iT�;t_s•� : ,1�: -1�:� - - _ '��^ -r. x'7.1'.' 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I _ ��'`�,y.r - •i ``r`h` ;`v: ?•tt• -'-Q.' 4;• , - ” -1 ,�•�� sue'% c!, .Jlie, t.. ,,,. ,.•rti'" _: \•, `r'f': /:; 0 , .�.3` f 'I t,. .,Y u- -- 5 t - ^T:y - :tai, •1 `# '/, „( f:,•J. � \,. ''{`I•'� ��1` '//.' \.. `i' _a -'\. 1� E' >;.*;.= 'ri A: __; \;: \w,�L. '�:, _,' /, _ �'1 Ji, i. ,FI, ,pC�,•'�. :,r' '` \; tI '(' /- ,F': /. /.,y "-- '`,�V':, tr i� "'v,. �t �'\ r,'\,:.'_ _ �;:�� {•!\ It �:.'i: ,t' .1 -�i3a, Figure 3 :;:. Ad'acent and 1l1' �', 1 \ \_f. '! `� \ -- = h'�."'' /';' e� •, y•, Ir r1 - - ` \, '`�s /l �-'�"r - __ -- _',t \R' 'N .,'j, �%1;�; ', • " ;:r.� . p = ' ; ,,_ ' _ Nearby Properti,,, 6 f� ;' —�' ,pp3 �I{ _ k'' .•! WHITE RIVER NF �S;];, Property Boundary — - !` �, ^ - ^i' •; r i p 1 " _ �:`= ':•`• %'� -'v \r; ,tl'���,'�; .5 i9' %,;'p�,l; ee ''Y!••\ i`3 u ql. '`K. 11 1 I J•` 4�w -tJY r' `,i M, .' \ "�`,� - -�` - -7 v- , ir-•' r_ "�-• !+s,. r - '` - -.,\" \ \C \`\ \`, \\, I /,,•'- ,\`• '�1 .'r;, ,I \�I 'rig:.; :�,,;; „!..^ .,, > " ) I - �` . )z� rte` \',`II,I ,L'!•- / ' y _ 1 ���{ . -,. � '1� .\. 'ice , _. I, `- ,� \,1`••,l �t�' i1 �,� fl' .',:tyf1�� .,,`fir r,'•. �c ,I II" ' - 1 ,!-'IWwil \ � t - . %y,' . ,, .. ;.. T °, •` •' '�==' � ' S t't; _� :�'r. "'"- �1��'�:..� ' `,rr- 4 ^(�2' Y SRs+sa. N 1' ; } � � , •/ ..�\`'.t.,; „\ .` ;i. - ' \� 1 , „g' r.� -r,. \'Z -, / /,,'r.'- i "..•. f , .; i- r `' i/ __ ydt• ` .r •fin /J.r.. ' _, - _'' `�,. _ 't'•. 'I �,r6 "- �L�'•N.�., /., ., \. `. '•i., _7�5, i°`><+7s1,'$= #1. _ tE� 5♦ t \ _ _ _ 'x rr t "'`` ,`t;� •J Y I -*8 ,.. -\ '•r,J ,' \��. /,' /•; 1; ••' •i" ... ^.� ,Y:1'. - _ :i',,- '`�i't•,-""••. ,ia_ird °n�i,i, lr• \r _ I - - - -- ,ur.1� ��it r I' •r, �� . ,I .. Ae•t "'' ' \�'i , \ \• :� ..- - J. •fir.,, � !: � � ...i _ .,�.. "/' - .�- rl l','•C,1: %;' `,\`I _ 'i I h . _ za`� '3- '•1i,, .;,•� ;�' .,,, ,�.•'t�. 02 V 0.2 Miles -a � /i 2;- - /;I 1�.; +�r�; _ I / /C' •,1' /;",'Li,•: 'te♦a „'$,s ''i ; e+' � � 'hl o.��� ",��`,` ::�.. _ ` � ia,; ,�,ti `^,i Cl���, a.^ "` - /•t . -\; __ -,':,`,' dr'�Y - 1 d '!r ' /rrf','t 4�•'{ _�:� ! � 1 w" I�3c ',- IIFE4',:�� i�S;.. '.'\;',J' � sN.� .p�'" `\ �i .. -- .I;F' � /��. ;•rr'eo' ^, �.:''.{t .x.�.,..,. �•11'i- "i;� �� % %Ar rl tr S•:A>:� _ \i .,,�` /� BAIR RANCH — EAGLE COUNTY MAIN RANCH PARCEL Legal Description (Page 1 of 2) Eagle County, Colorado: Township 5 South, Range 86 West of the 6t` Principal Meridian: Section 19: Lots 13, 14, 15 and 16; that portion of Tracts 45 and 46 in Section 19. Section 20: , Lots 2, 5 and 6; SW1/4 NE1/4 SWl/4; S1 /2 SE1/4 NEU4 SWl /4; that portion of Tract 45 in Section 20 Section 29: Lots 4, 5, 6, 7, 8, 9,12 and 14; SEl/4 NWl /4; SW1/4 NWl/4; and W1 /2 SW1 /4. Section 30: Lots 6, 7, 8 and 9; that portion of Tract 46 in Section 30. Section 31: Lots 8,9 and 10; SE1/4 NE1/4; N1 /2 NE1/4; SWl/4 NE1/4; E1 /2 El /2 NWl /4; and El /2 WI/2 E1 /2 NWl /4. Section 32: Lots 1, 2, 3, 4, 7 and 8; S1 /2 N1 /2; and NWl /4 NWl /4 Township 5 South, Range 87 West of the 6t` Principal Meridian: Section 24: S1 /2 S1 /2; NI/2 SE1/4; S1 /2 S1 /2 NE1/4; NE1/4 SW1 /4 and S1 /2 SE1/4 NWl /4. Section 25: NE1/4; E1 /2 NWl/4; E1 /2 E1 /2 SW1/4 and W1 /2 W1 /2 SE1 /4 Section 35: Lot 4; NEi/4 SE1/4, and E1 /2 SW1/4 SE1 /4 (also called portion of Lot 3 in Eagle County). Section 36: Lots 1 and 2; and W1 /2 NW1/4 SW1/4. 7 -��P Mt F"17 Soil Types 10 M, 17 —W, 18 —2-- 19 Tff 20 F, 25 39 40 4 1 42 Nlk tin "IV 45 AA 46 k;—n. 55 47 114 54 55 W 64 �T j; I k�l n "'A 66 1,, 68 90 97 W. 103 104 105 -�\ V\v 114 ? 20 t Fig Yure 5 ,17 AR 10 10 A7 Soils Map of the Property 7 N "VI W" , >< V 0 t - -, 0.2 0 0.2 Miles woodland mixed mountain shrubland northern west slope g �a c" west mixed mountain a mesic aspen forestf forest Wo� yt -9 n 7 \p w I Figure 6 f.. Bair Ranch._. northern west sla a grassland l ' �� /% j(�j Eagle Property Vegetatic ` e irrigated pasture1, r r Property Boundary (— narrow leaf cottonwood d avian forest img<ted pasture mesic aspen forest mesic sagebrush shrubland h mixed mountain shrubland mesic sagebrush hrubland narrow leaf cottonwood pp riparian forest northern west slope grassland FM pinon juniper woodland southern subalpine forest P F mixed mountain shrubland , 0.2 0 0.2 0.4 Mil DESCRIPTION OF WATER RIGHTS ON EAGLE COUNTY PROPERTY Any and all water rights, ditches, and other water facilities on or associated with the Eagle County Property, including specifically those water rights described as follows (however, Grantor makes no warranties or representations as to the legal title to or physical availability of the water rights): 1. Cottonwood Ditch: Administration Number: 29437.21674; Adjudication date: 08/30/1946; Appropriation date: 05/05/1909; Case No. 1038; 0.3900 CFS from Cottonwood Creek; type: ; uses: 2. Cottonwood Ditch: Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04 /01/1934; Case No. 1038; 1.3600 CFS from Cottonwood Creek; type: ; uses: 3. Graham Ditch: Administration Number: 14701.00000; Adjudication date: 11/20/1890; Appropriation date: 04/01/1890; Case No. 0.800 CFS from Cottonwood Creek; type: ; uses: 4. Graham Ditch: Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 3.3100 CFS from Cottonwood Creek; type: ; uses: 5. Doll Ditch: Administration Number: 22580.00000; Adjudication date: 02/27/1912; Appropriation date: 10/28/1911; Case No. 1038; 1.500 CFS from Cottonwood Creek and Bob Creek; type: ; uses: 6. Doll Ditch: Administration Number: 22580.00000; Adjudication date: 02/27/1912; Appropriation date: 10/28/1911; Case No. 575; 1.500 CFS from Cottonwood Creek: type: ; uses: 7. Doll Ditch: Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 3.5700 CFS from Cottonwood Creek: type: ; uses: 8. Bair Ditch: Administration Number: 29437.28975; Adjudication date: 08/30/1946; Appropriation date: 05/01/1929; Case No. 1038; 0.5600 CFS from Cottonwood Creek; type: ; uses: 9. Bair Ditch: Administration Number: 30771.00000; Adjudication date: 08/30/1946; Appropriation date: 04/01/1934; Case No. 1038; 2.2300 CFS from Cottonwood Creek; type: ; uses: BAIR RANCH — EAGLE COUNTY MAIN RANCH PARCEL Legal Description (Page 2 of 2) Eagle County, Colorado: Township 5 South, Range 87 West of the a Principal Meridian: Section 23: That portion of the S 1/2 SE 1/4 lying in Eagle County. Section 26: That portion of the NI/2 NI/2 lying in Eagle County. m LIST OF EXISTING STRUCTURES AND PERMITTED NEW STRUCTURES IN RANCH BUILDING AREAS IN EAGLE COUNTY RANCH BUILDING AREAS: RB-4. Spring Creek Cabin Area, Sec. 31, TSS, R36W. This area is two (2) acres in size. The existing structure in this area is a 768 square foot cabin. The existing structure shall not be enlarged, but may be maintained and repaired. Within this area the Grantor may construct a shed to house a hydroelectric generator and related facilities for small -scale generation of hydroelectricity to be used only in this area. There is an existing fish pond located at RB -4. RB-5. Cottonwood Cabin Area, Sec. 19, T5 S, R86W. This area is eight (8) acres in size and is the original Mayne homestead. The existing structures are the two rustic cabins, which are 180,280 and 504 square feet in size, respectively; a wood frame shed, which is 234 square feet in size and two outhouses, which are both 36 square feet in size. The Grantor retains the right to maintain, repair, improve and replace the existing cabins and enlarge them each by up to 10%. The Grantor has the right to construct, maintain and repair the following structures which were previously destroyed by fire with new improvements: corrals, two (2) lambing sheds (each 30 feet by 100 feet with open front, and each containing pens and stalls for lambing), and a 12 foot by 20 foot machine shed. A pond may be constructed within the eight (8) acre building envelope at this site. Within this area the Grantor may construct a shed to house a hydroelectric generator and related facilities for small -scale generation of hydroelectricity to be used only in this area RB -5. DESCRIPTION OF RANCH BUILDING AREAS ON EAGLE COUNTY PROPERTY RANCH BUILDING AREAS: RB-4. Spring Creek Cabin Area, Sec. 31, T5S, R86W. Two (2) acres in size RB-5. Cottonwood Cabin Area; Sec. 19, T5S, R86W. Eight (8) acres in size. MR t � }� List of plant species found at the Bair Ranch Eagle property on November 11, 2003 and the plant communities in which they predominate. Abbreviations for plant communities are marsh (M), riparian shrubland (RS), narrowleaf cottonwood riparian forest (NRF), mesic aspen forest (PAF), Douglas -fir forest (DFF), mixed montane shrubland (MMS), sagebrush shrubland (SS), pinon juniper woodland (PJW), northern west slope grassland (NWSG), and irrigated pasture (IP). Plant species designated as noxious weeds by the State of Colorado are denoted with an asterisk ( *). Plant Species Plant Community Arizona fescue (Festuca arizonica) NWSG Aspen (Populus tremuloides) MAF Beaked sedge (Carex utriculata) RS Bluebunch wheatgrass (Pseudorogneria spicata = MMS Agropyron spicatum) *Canada thistle (Breea arvensis = Cirsium arvense) RS Cattail (Typha sp.) M * Cheatgrass (Anisantha tectorum = MMS Bromus tectorum) Chokecherry (Padus virginiana ssp. melanocwpa RS Prunus virginaian ssp. melanocarpa). Common mullein (Verbascum thepsus) Coyote willow (Salix exigua) RS Kentucky bluegrass (Poa pratensis) MMS Crested wheatgrass (Agropyron desertorum) MMS Douglas -fir (Pseudotsuga menziesh) DFF Elderberry (Sambucus microbotrys) MAF Engelmann spruce (Picea engelmannii) MCF Fringed sage (Artemisia frigida) MMS Gambel oak (Quercus gambelii) MMS Ginat hyssop (Agastache urticifolia) MAF Great Basin wildrye (elymus cinereus) RS Hops (Humulus lupulus ssp. americanus) RS Kentucky bluegrass (Poa pratensis) MMS Letterman needlegrass (Achnatherum scribneri = NWSG Stipa lettermanh) Lupine (Lupinus sp.) NWSG Milkvetch (Astragalus convalarius) MAF Mountain sagebrush (Artemisia vaseyana = SS, MMS Artemisia tridantata ssp. vaseyana) Mountain willow (Salix monticola) RS *Musk thistle (Carduus nutans) Narrow -leaf cottonwood (Populus angustifolia) NCRF Needle- and - thread (Hesperostipa comata = NWSG Stipa comata) Oregon grape (Mahonia repens) NWSG Penstemon ( Penstemon sp.) MAF Pinon pine (Pinus edulis) PJW Porter brome (Bromopsis porteri = MAF Bromus porteri) Prostrate juniper (Juniperus communis) MAF Red -oseir dogwood (Swida sericea = RS Cornus stolonifera) Redtop (Agrostis stolonifera) M Rubber rabbitbrush (Chrysothamnus nauseous) MMS Rush (Juncos sp.) M *Russian knapweed (Acroptilon repens = SS Centaurea repens) Russian thistle (Salsola australis = Salsola iberica) IP Russian wildrye (Psathystachys juncea = IP Elymus junceus) Sandberg bluegrass (Pos secunda = MMS Poa sandbergii) Sandwort (Eremogone fendleri = NWSG Arenaria fendleri) Scarlet gilia Qpomopsis aggregata) MAF *Scotch thistle (Onopordum acanthium) Sedge (Carex sp.) NWSG Serviceberry (Amelanchier antifolia) NMS Silver sage (Seriphidium canum = MAF Artemisia cana) Squirreltail (Elymus elymoides = NWSG Sitanion hystrix) Smooth brome (Bromopsis inermis = IP Bromus inermis) Snowberry (Symphoricarpos rotundifolius) MMS Stinging nettle (Urtica gracitis = Urtica dioica) M Utah juniper (Sabina osteosperma = PJW Juniperus osteosperma) Western birch (Betula occidentalis) RS Western wheatgrass (Pascopyrum smithii = MMS Agropyron smithii) Willowherb (Epilobium sp.) M Yarrow (Achillea lanulosa) MMS Bair Ranch- Eagle County Photopoints Log Site visit October 29, 2003 Photo GPS coordinates - NAD 27. Zone 13 No. UTM easting UTM northing Scene 1 318906 4385719 Looking SE from road on Spruce Ridge 2 318906 4385719 Looking S from road on Spruce Ridge; oakbrush 3 318906 4385719 Looking W from road on Spruce Ridge; oakbrush 4 319213 4385572 Looking N from property on Spruce Ridge toward Interstate 70 5 319770 4385439 Lookin SW at stock pond from road; sagebrush and serviceberry on slope 6 320534 4385493 Looking E at Cottonwood Creek basin from road; sagebrush, serviceber and inon- uni er 7 321510 4384144 Looking S at northern west slope grassland 8 321510 4384144 Looking N at corrals; formerly irrigated pasture 9 1 321998 4385486 Looking NW down Cottonwood Creek from road 10 1 321998 4385486 Looking SE at old buildings at Cottonwood Creek site;one other old building located adjacent but not shown 11 322071 4385572 Looking NE at patch of Russian kna weed, a very aggressive noxious weed 12 322925 4385101 Looking up Cottonwood Creek; flow about 1 ofs; riparian shrubland 13 322865 4384861 Lookin SE up Cottonwood Creek; road; corrals 14 322863 4384867 Looking S at pasture along Cottonwood Creek; badlands 15 322863 4384867 Close up of sagebrush stand with much bare ground 16 322662 4383245 Looking SE at recent salvage logging of beetle - killed spruce trees 17 322375 4382331 Lookin S up Spring Creek; recent salvage logging 18 323026 4381970 Looking SE at aspen forest mixed mountain shrubland, and road 19 322262 4382217 Looking SE at small pond near Spring Creek site; cabin adjacent to pond 20 322258 4382222 Looking S at cabin at Spring Creek site 21 321664 4382751 Looking S at aspen forest 22 321664 4382751 Looking SW at aspen forest 23 321664 4382751 Looking W at serviceberry, small area of aspen forest road 24 321238 4381259 Looking at aspen forest amd mixed mountain shrubland 25 321186 4381938 Close up of Cold Spring; successional aspen forest 26 319569 4381494 Looking W across Dock Flats from road ; rasland in excellent condition 27 319149 4382214 Looking S across Dock Flats; sa ebrush - rasstand in excellent condition 28 319108 4382307 Looking S from Dock Flats from cliff; boulder field of basalt rocks 29 319108 4382307 Lookin E at volcanic / basalt cliffs 30 320053 4383180 Looking E across grassland toward badlands 31 320053 4383180 Looking SE across small pond 32 319800 4383456 Lookin PJ at mixed mountain shrubland and sagebrush shrubland 33 319862 4383526 Looking NE at oakbrush, road 34 319890 4383680 Looking NW at lodge area in distance; roads, aspen forest oakbrush 35 320049 4384056 Looking N from Spruce Ridge at Colorado River and Interstate 70 36 320049 4384056 Looking NE from Spruce Rid a at grassland and badlands 37 320049 4384056 Looking SE from Spruce Ridge at areasprayed to kill sagebrush 38 320049 4384056 1 Looking S from Spruce Ridge at oakbrush 1 1(� 5 13 14 Y.W 35 I At 37 38 �V\ 34 30 S, am* 16 I U 21 22 �\\ edY 4 23 27 20 6907 i 4 4 K _C , , r NIP -) I 1 Figure A -1 Map of Photopoints 1)5 w F + S 0.2 0 0.2 Miles Photo 3: Looking W from road on Spruce Ridge; oakbrush Phoios lla&&- Ddtober 30, 200"-� 1,9 ' - - '�:,.,eni Eagi - ; ik October 30, 2003 - & s3our�!y: Pnutu- � d�:'.. 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'� 3 �, R � ,�. u rr w ,i '� t � �� �' �� � r _a { 7 �1 h oui*: Pnotos taken October 30, 2003 -k� �p 'low Ji Ye F".!kt,.:�+�,�,�'�5,�"r'"4!„ 'fro._ �`..r�:'�w , ._ b . . r_.���.u..., __ . ► -a"$;�,.1Et plug { { n now; F".!kt,.:�+�,�,�'�5,�"r'"4!„ 'fro._ �`..r�:'�w , ._ b . . r_.���.u..., __ . ► -a"$;�,.1Et X s Vt' �F k' �0l` 1 l � 4 d � t JJ Pt" 1 '1 a II z X s Vt' �F k' �0l` 1 l I t JJ Pt" 1 '1 X s Vt' �F k' �0l` , I t a II X s Vt' �F k' �0l` Caungvo Photos taKen October 30, 2003 Wildlife species list for Eagle County, t 'his list is from Natural Diversity Information Sou DIS) and is based on CD!?W's L.at/L.ong database. t t�►u(�. Amphibians 4:i (iKlli t!! = Northern Leopard Frog Name Rana pipiens Known to occur i9udow - Rare_ Amphibians Tiger Salamander Ambystoma tigrinum Known to occur Amphibians Western Chorus Frog Pseudacris triseriata Known to occur Uncommey"i_....- Birds American Crow Corvus brachyrhynchos Known to occur FairiLYS!f mor. Fai&j Common � -- Comm , m, Birds American Kestrel Falco sparverius Known to occur Birds American Robin Turdus migratprius Known to o=ur Birds Black- capped Chickadee Poecile atricapilkis Known to occur Fairly Ccrc,,,y ,n Birds Black- headed Grosbeak Pheucticus melanoc:ephalus Known to occur Fairly Birds Blue Grouse Dendragapus obscurus Known to occur Uncor r?3 li.i Birds Blue-gray Gnatcatcher Polioptila caerulea Known to occur Fairly _:-.,:r�o, Birds Brewers Blackbird Euphagus cyanocephalus Known to occxr Con11.71a, _ Comrrvyr.5 –` _ Birds Broad - tailed Hummingbird Selasphorus platycercus Known to occur Birds Broom Creeper Certhia americana Known to occur Birds Brown - headed Cowbird Mok#irus ater Known to occur Commw w Birds Cassin's Finch Carpodacus cassina Known to occur Fai Cchnnrcn j Common Birds Chipping Sparrow Spizella passerina Known to occur Birds Clark's Nutcracker Nucifraga columbiana Known to occur Fairly t I--- -. Fairiv_Con'T ^sae Birds Common Raven Coovus corax Known to occur Birds Coopers Hawk Accipiter cooperii Known to occur Uncorrmn Birds Cordilteran Flycatcher Em pidonax occidentalis Krwvm to occur Fairly : crnn , .�......__p..._. _ _ _.� Birds Dark -eyed Junco Junco hyemalis Knaum to occur Commor. -_w UncvmmYiv-r Birds Downy Woodpecker Picoides pubescens Known to occur Birds Dusky Flycatcher Empidonax oberholseri Known to occur Fairly C- !O-T, r� Common Birds European Starling Stumus vulgaris Known to occur Birds Fox Sparrow Passerella iliaca Known to occur Fairly C,rr +rrac?s Birds Gadwall Arias strepera Known to occur Uncomrrwn Birds Great Homed Owl Bubo virginianus Known to occur Uncommon Birds Green -tiled Towhee Pipilo chkxwus Known to occur Cornmon_ Birds Gmen- winged Teal Arias crecca Known to occur Fairly Ccmmor: Birds Hairy Woodpecker Picoides villosus Known to occur Birds Hermit Thrush Catharus guttatus Known to occur Comr. ion _ Birds House Wren Troglodytes aedon Known to occur Commor- Birds Killdeer Charadrius vociferus Known to occur Fairly Cor.arrrr,, Birds Lincoln's Sparrow Mekuspiza lincolnii Known to occur Comm+7-.1 _ Unccmrr + _ c ,, v Birds MacGillivray's Warbler Oporomis tolmiei Known to occur Birds Mallard Anas platyrhynchos Known to occur m _ Comm., Birds Mountain Bluebird Sialia currucoides Known to occur Fairly Cemrmn Birds Mountain Chickadee Poecile gambeh Known to occur Cornm crr Birds Mourning Dove Zenaida macroura Known to occur Common Birds Northern Flicker Colaptes auratus Known to occur Fairly _Cm —rny �__j Birds Northern Rough - winged Swallow Stelgidopteryx serripennis Known to occur Uncornnwn Birds Olive -sided Flycatcher Contopus cooped Known to occur Uncommon Birds Orange - crowned Warbler Vermivora celata Known to occur Fairly Cmrnnro; ss Birds Pine Grosbeak Pinicola enucleator Known to occur Uncorimcn _ _ _ Birds Birds Pine Siskin Plumbeous Vireo Carduelis pinus Vireo plumbeus Known to occur Known to occur Common Uncommenv Birds Red Crossbill Loxia curvirostra Known to occur Uncomry;n Birds Red - breasted Merganser Mergus serrator Likely to occur No Occurrence Birds Birds Red -naped Sapsucker Red - tailed Hawk Sphyrapicus nuchalis Buteo jamaicensis Known to occur I Known to occur Uncommon - Urcommcn J The list has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Eagle. Wildlife species list for Eagle County, I phis list is from Natural Diversity Information Sou IDIS) and is based or, ODOW's LaVILm ig database. Birds Ruby-crowned Kinglet Regulus calendula Known to occur Common-- Birds Sage Thrasher Oreoscoptes montanus Known to occur Unc:ornmor. Birds, Song Sparrow Melospiza melodia Known to occur Emldy—c T fnnmr - Birds Spotted Sandpiper Actitis macularia Known to occur Fairly Ccwnmo.,,, Birds Stakes Jay Cyanocitta stalled Known to occur Fairly CrAorrKr Birds Swainson's Thrush Catharus ustulatus Known to occur Ur-mmmor- 5rin*ct't -A Birds Townsends Solitaire townsendi Known to occur Birds Tree Swallow Tachydneta bicolor Known to occur Cc-mman Unc--IW)f!VrV' I (,t:- .1 CO Fafiiy Ocnim-ca, Birds Turkey Vulture Cathiartes aura Known to occur Birds Vesper Sparrow Pooboetes gran -dneus Known to occur Birds Violet-green Swallow TaL`,ycineta thalassina Known to occur Birds Birds Virginia's Warbler Warbling Vireo Vermivora virginiae Vireo gilvus Known to occur Known to occur Birds Western Scrub Jay Aphelocoma californica Known to occur Birds Western Tanager Piranga ludoviciana Known to occur Fwdy Oomnmn Birds Western Wood-Pewee Contopus sordidulus Known to occur r-f Birds White-breasted Nuthatch Sift carolinensis. Known to occur F'- i Birds White-crowned Sparrow Zonotrichia Wucophrys Known to occur crvnmcy-� 7 Yellow Warbler Dendroica petechia Known to Occur Fairly Ca. lon JBirds Mammals American B adger Taxidea taxus Known to occur Unct ayt - .!- -L - - ---I Mammals American Beaver Castor canadensis Known to occur Fai?tj Cr4air;=! Ablundar A Mammals American Elk Cervus elaphus Known to occur Mammals American Marten Martes americana Known to occur Un -111.1- Abu.-Ian� n Fairly *;of r-rmr.. Fairly I-'UMPnon Mammals Big Brown Bat Eptesicus fuscus Likely to occur Mammals Black Bear 'Ursus americans Known W occur Mammals Bobcat Lynx rufus Known to occur Mammals Bushy-tailed Woodrat Neotoma cinerea Known to occur Mammals Canyon Mouse Peromyscus crinitus Known to occur Mammals Common Porcupine Erethizon darsaturn Known to occur Ummmm"Al Mammals coyote Canis latraris Known tD occur Abundant Mammals Deer Mouse Peromysci in maniculatus Known to occur Abunda, Mammals Dwarf shrew Sorex nanus Known to occur Unkn m-.qri Mammals Ermine Mustela erminea Known to occur Uncommir :r' Mammals Golden-mantled Ground Squirrel Spermophilus laterallis Known to occur Rers- Mammals Heather Vole Pherecomys, intermedius Known to occur Mammals Hoary Bat Lasiurus cinereus Known to occur Common Mammals Hopi Chipmunk Tarnias rufus Known to occur Fairly Cenint.,ce: Common Mammals Least Chipmunk Tarnias m nimus Known to occur Mammals Little Brown Myofis Myotis lucifugus Known to occur AbundfaWl. Mammals Long- Wgged M Myo6s; volans Known to occur Camnum Mammals Long-tailed Vole Microtus longicaudus Known to occur Fairly Common Mammals Long-tailed Weasel Mustela ftwiata Known to occur Abundant Mammals Mammals Masked Shrew Montane Shrew Sorex cinereus Sorex nxxificolus Likely to occur Likely to occur Unknown Unknc%pm Mammals Montane Vole Microtus montanus Known to occur Common - - _ Mammals Mountain Cottontail Sylvilagus nuttallii Known to occur Abundant Mammals Mammals Mountain Lion Mule Deer Felts concolor Odocoileus hernionus Known to occur Known to occur Alvindant Alundan, Mammals Northern Pocket Gopher Thomomys talpoides Known to occur Common;, IMammals IMammals Pine Squirrel Pinyon Mouse ----�Peromyscus Tamiasciurus hudsonicus truei - Known to occur Known to occur Fairly Coinnacit Common The list has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Eagle. Wildlife species list for Eagle County, I This list is from Natural Diversity information Sou IDIS) and is based on MUM, 1, -Lf ong database. Mammals Raccoon Procyon lotor Known to occur Abundant Mammals Red Fox Vulpes vulpes Known to occur Abundant Mammals Ringlail Bassariscus astutus Known to occur Rare ^� Comm^.: Mammals Siver- haired Bat Lasionycteris noctivagans Known to occur Mammals Southern Red - backed Vole' ' Clethrionomys gappen Known to occur Fairly Comtm --r; w_ Abuncfsea._ ry_�" Mammals Striped Skunk Mephitis mephitis Known to occur Mammals Townsend's Big -eared Bat': Pl xx" townsendii Known to occur Mammals Water Shrew Sorex"palustris Likely to occur Unkrxn s M MW. ,_ Fair°.+ Contil'if;., Vern I"i.;':: Unv.fr _Fnci. Cane Y CQfr:mo;' Mammals Western Jumping Mouse' Zapus princeps Known to occur Mammals Western Small- footed Myo#V,..', Myotis ciliolabrum Known to occur Mammals Western Spotted Skunk • ,' . Wople gracitis Known to occur Mammals While - tailed Jackrabbit '•,' Lepus townsendii Known to occur Mammals Wyoming Ground Squirret Spermophilus elegans Known to occur Mammals Yellow-bellied Marmot Marmota flaviventris Known to occur Mammals Yuma Myotis Myotis yumanensis Likely to occur ^� Unlrnow,-• Unc; Tr.;nrr. , Reptiles Fence Lizard Sceloponis undulatus Known to occur Reptiles Gopher Snake P' is catenifer Known to occur Uncomplor, Uncor,4n,- ., t Carrrr;c..r: Rare Unconi .i -. Reptiles Plateau stri whiptail Cnemtdophorus velox Known to occur Reptiles Sagebrush Lizard Sceloporus graciosus Known to occur Reptiles Smooth Green Snake Liochlorophis vemalis Known to occur Reptiles Western Rattlesnake IThamhophis Crotalus viridis Known to occur Reptiles Western Terrestrial Garter Snake elegans Known to occur _ Fairy The fist has been edited to exclude species for which appropriate habitat does not exist on the Bair Ranch Eagle. rd-rige 4UARANTEE COMPANY Date: 06 -14 -2004 Property Address: EAGLE COUNTY CE PARCEL Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: VC273272.2 -9 If you have any inquiries or require further assistance, please contact one of the numbers below. For Title Assistance: For Closing Assistance: Vail Title Dept. Eagle Closing Group Karen Biggs 65 MARKET ST 44, P.O. BOX 4420 108 S. FRONTAGE RD. W. #203 EAGLE, CO 81631 P.O. BOX 357 Phone: 970 - 328 -5065 VAIL, CO 81657 Fax: 970 - 328 -5064 Phone: 970 - 476 -2251 Fax: 970 -476 -4732 Entail: kbiggs @ltgc.com ALLAN C BEEZLEY PC 1327 SPRUCE ST #302 BOULDER, CO 80302 Attn: ALLAN C BEEZLEY Phone: 303 - 440 -5867 Fax: 303 - 539 -6530 EMail: acbpcC@inflonline.net Sent Via EMail THE CONSERVATION FUND 1800 N. KENT STREET #1120 ARLINGTON, VA 22209 Attn: MR. RICHARD ERDMANN Sent Via US Postal Service GOLUBA & GOLUBA PC 802 GRAND AVE #301 GLENWOOD SPRINGS, CO 81601 Attn: NICHOLAS W. GOLUBA (SELLER'S ATM Phone: 970 - 945 -9141 Fax: 970- 945 -9143 Sent Via Fax LAND TITLE GUARANTEE COMPANY 65 MARKET ST #4, P.O. BOX 4420 EAGLE, CO 81631 Attn: Eagle Closing Group Phone: 970 - 328 -5065 Fax: 970 - 328 -5064 THE CONSERVATION FUND 1942 BROADWAY SUITE 323 BOULDER, CO 80302 Attn: MS. CHRISTINE QUINLAN Sent Via US Postal Service Land Title Guarantee Company Date: 06 -14 -2004 rd-ride Our Order Number: VC273272.2 -9 WARANTEE GUMVANY Property Address: EAGLE COUNTY CE PARCEL Buyer /Borrower: COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY LAND TRUST, A COLORADO NON - PROFIT CORPORATION Seller /Owner: LEGRANDE BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP; JAMES CRAIG BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP Wire Information: Bank: FIRSTBANK OF COLORADO 10403 WCOLFAXAVENUE LAKEWOOD, CO 80215 Phone. 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account. 2160521825 Attention: Eagle Closing Group *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com iur UJIUU Unb EU aiiy Ui Uur Jy Uiuw ,U�aWviin. ESTIMATE OF TITLE FEES Alta Owners Policy 10 -17 -92 (Reissue Rate) $5,026.00 Deletion of General Exception 4 (Owner) $10.00 Tax Report 10 @ $15.00/EACH $150.00 If Land Title Guarantee Company vi11 be closing this transaction, above fees v111 be collected at that time. TOTAL Born CONTACT 06/04 THANK YOU FOR YOUR ORDER! $5,186.00 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC273272.2 -9 Schedule A Cust. Ref.: Property Address: EAGLE COUNTY CE PARCEL 1. Effective Date: May 05, 2004 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10 -17 -92 $3,151,632.00 Proposed Insured: COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY LAND TRUST, A COLORADO NON - PROFIT CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: AN EASEMENT ESTATE AS DESCRIBED IN EASEMENT RECORDED , RECEPTION NO. 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LEGRANDE BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP; JAMES CRAIG BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. VC273272.2 -9 A CONSERVATION EASEMENT INTEREST IN AND TO: TOWNSHIP 5 SOUTH, RANGE 86 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTION 19: LOTS 13, 14, 15 AND 16; THAT PORTION OF TRACTS 45 AND 46 IN SECTION 19 SECTION 20: LOTS 2, 5 AND 6; SW1 /4 NE1 /4 SW1 /4; S1 /2 SE1 /4 NE1 /4 SW1 /4; THAT PORTION OF TRACT 45 IN SECTION 20 SECTION 29: LOTS 4, 5, 6, 7, 8, 9, 12 AND 14; SE 1/4 NW1 /4; SWl /4 NWl /4; AND Wl /2 SW1 /4 SECTION 30: LOTS 6, 7, 8 AND 9; THAT PORTION OF TRACT 46 IN SECTION 30 SECTION 31: LOTS 8, 9 AND 10; SEl /4 NEl /4; NI/2 NE1 /4; SWl /4 NEl /4; El /2 El/2 NW1/4; AND El/2 W1/2 El /2 NW1 /4 SECTION 32: LOTS 1, 2, 3, 4, 7 AND 8; Sl /2 N1/2; AND NW1 /4 NWl /4 TOWNSHIP 5 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTION 24: Sl /2 S1 /2; NI /2 SEl /4; S1/2 S1 /2 NEl /4; NE1 /4 SWIM AND S1/2 SE1 /4 NWl /4 SECTION 25: NE1 /4; El /2 NW1 /4; El /2 El /2 SW1 /4 AND W1/2 W1/2 SE1 /4 SECTION 35: LOT 4; NEl /4 SEl /4, AND El /2 SWl /4 SE1/4 (ALSO CALLED PORTION OF LOT 3 IN EAGLE COUNTY) SECTION 36: LOTS 1 AND 2; AND W1/2 NW1 /4 SWl /4 TOWNSHIP 5 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTION 23: THAT PORTION OF THE S1/2 SE1 /4 LYING IN EAGLE COUNTY SECTION 26: THAT PORTION OF THE NI /2 N1/2 LYING IN EAGLE COUNTY TOGETHER WITH: ACCESS TO SUBJECT PROPERTY CREATED BY VIRTUE OF INSTRUMENT RECORDED IN GARFIELD COUNTY RECORDS IN BOOK 597 AT PAGE 296. THE ACCESS WAS CLARIFIED IN THE SETTLEMENT AGREEMENT AND STIPULATION WITH ORDER RECORDED MAY 12, 1992 IN BOOK 831 AT PAGE 383 AS RECEPTION NO. 434660. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VC273272.2 -9 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: RELEASE OF DEED OF TRUST DATED DECEMBER 12, 2003 FROM JAMES CRAIG BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF STOCKGROWERS STATE BANK, ASHLAND KANSAS TO SECURE THE SUM OF $800,000.00 RECORDED DECEMBER 23, 2003, UNDER RECEPTION NO. 862979. (THE ABOVE ITEM AFFECTS EAGLE COUNTY AND GARFIELD COUNTY) 2. RELEASE OF DEED OF TRUST DATED NOVEMBER 03, 1998, FROM JAMES CRAIG BAIR; JAMES CRAIG BAIR, TRUSTEE OF THE JAMES CRAIG BAIR, II TRUST; JAMES CRAIG BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP; AND LEGRANDE BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION TO SECURE THE SUM OF $250,000.00 RECORDED DECEMBER 18, 1998, IN BOOK 1105 AT PAGE 12. (THE ABOVE ITEM AFFECTS GARFIELD COUNTY) TERMINATION OF AGREEMENT TO SURVIVE EXCHANGE OF REAL, PROPERTY (STOCK TRAILS - EASEMENTS IN GROSS) RECORDED MAY 8. 1996 IN BOOK 693 AT PAGE 971. 4. TERMINATION OF AGREEMENT RECORDED MAY 16. 1996 IN BOOK 978 AT PAGE 317. TERMINATION OF EASEMENTS RIGHTS OF WAY AND AGREEMENT RECORDED MAY 8,199 IN BOOK 978 AT PAGE 305 AND AT PAGE 311. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VC273272.2 -9 Continued: 6. GOOD AND SUFFICIENT DEED FROM LEGRANDE BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP TO TO BE DETERMINED (ONE OF THE JAMES BAIR ENTITIES) CONVEYING ANY INTEREST IN SUBJECT PROPERTY. CONSERVAION EASEMENT FROM TAMES CRAIG BAIR RANCH CO.. A COLORADO LIMITED PARTNERSHIP AND TO BE DETERMINED (ONE OF THE JAMES BAIR ENTITIES) TO THE CONSERVATION FUND A MARYLAND NON - PROFIT CORPORATION. AN ASSIGNMENT OF DEED OF CONSERVATION EASEMENT FROM THE CONSERVATION FUND, A MARYLAND NON - PROFIT CORPORATION TO COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY LAND TRUST, A COLORADO NON - PROFIT CORPORATION, ACCEPTABLE TO THE COMPANY, TO BE RECORDED IN EAGLE COUNTY. NOTE: AFFIDAVIT RECORDED FEBRUARY 12, 1991 W BOOK 547 AT PAGE 632 DISCLOSES JAMES CRAIG BAIR AS TRUSTEES WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID TRUST. NOTE: SECRETARY OF STATE DISCLOSES BAIR LEGRANDE, AS GENERAL PARTNER OF LEGRANDE BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP. SAID DOCUMENT MUST BE EXECUTED BY BAIR LEGRANDE. NOTE: SECRETARY OF STATE DISCLOSES JAMES CRAIG BAIR, AS GENERAL PARTNER OF JAMES CRAIG BAIR RANCH CO., A COLORADO LIMITED PARTNERSHIP. SAID DOCUMENT MUST BE EXECUTED BY JAMES CRAIG BAIR. NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED EXCEPT AT THE REQUEST OF COUNTY OF EAGLE, STATE OF COLORADO AND EAGLE VALLEY LAND TRUST, A COLORADO NON- PROFIT CORPORATION. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF COUNTY OF EAGLE, ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VC273272.2 -9 Continued: SPATE OF COLORADO AND EAGLE VALLEY LAND TRUST, A COLORADO NON - PROFIT CORPORATION. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B -1. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2004 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B -2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. NOTE: ITEM 8 OF THE GENERAL EXCEPTIONS WILL BE DELETED FROM THE OWNER'S POLICY. * * * * * * * * ** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 * * * * * * * * ** Pursuant to Colorado Revised Statute 30 -10 -421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273272.2 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 24, 1917, IN BOOK 93 AT PAGE 6. (AFFECTS TRACT 46, SECTION 19, TOWNSHIP 5 SOUTH, RANGE 86 WEST) 10. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS. 11. (ITEM INTENTIONALLY DELETED) 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT TO SURVIVE EXCHANGE OF REAL PROPERTY (STOCK TRAILS - EASEMENTS IN GROSS) RECORDED MAY 08, 1996 IN BOOK 693 AT PAGE 971. NOTE: THE ABOVE SAID EXCEPTION WILL BE DELETED UPON COMPLIANCE WITH REQUIREMENTS SET FORTH IN SCHEDULE - SECTION 1 HEREIN. 13. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED APRIL 24, ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273272.2 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1997 IN BOOK 725 AT PAGE 159. 14. (ITEM INTENTIONALLY DELETED) (THE ABOVE ITEMS AFFECT EAGLE COUNTY) 15. (ITEM INTENTIONALLY DELETED) 16. (ITEM INTENTIONALLY DELETED) 17. (ITEM INTENTIONALLY DELETED) 18. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 9, 1941 IN BOOK 205 AT PAGE 252. 19. EXCEPTING AND RESERVING, HOWEVER, TO THE UNITED STATES ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916, (39 STAT. 862), AS FOUND IN PATENT RECORDED SEPTEMBER 9, 1941 IN BOOK 205 AT PAGE 252. 20. (ITEM INTENTIONALLY DELETED) 21. TERMS, PROVISIONS, CONDITIONS, EASEMENTS AND RIGHTS OF WAY OF AGREEMENT RECORDED MAY 16, 1996 IN BOOK 978 AT PAGE 317. NOTE: THE ABOVE SAID EXCEPTION WILL BE DELETED UPON COMPLIANCE WITH REQUIREMENTS SET FORTH IN SCHEDULE B- SECTION 1 HEREIN. 22. EASEMENTS, RIGHTS OF WAY AND AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED MAY 8, 1996 IN BOOK 978 AT PAGE 305 AND AT PAGE 311. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273272.2 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: NOTE: THE ABOVE SAID EXCEPTION WILL BE DELETED UPON COMPLIANCE WITH REQUIREMENTS SET FORTH IN SCHEDULE B- SECTION I HEREIN. 23. (ITEM INTENTIONALLY DELETED) 24. (ITEM INTENTIONALLY DELETED) 25. (ITEM INTENTIONALLY DELETED) 26. (ITEM INTENTIONALLY DELETED) 27. (ITEM INTENTIONALLY DELETED) 28. (ITEM INTENTIONALLY DELETED) 29. (ITEM INTENTIONALLY DELETED) 30. (ITEM INTENTIONALLY DELETED) 31. (ITEM INTENTIONALLY DELETED) 32. EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED MAY 16, 1996 IN BOOK 978 AT PAGE 305. NOTE: THE ABOVE SAID EXCEPTION WILL BE DELETED UPON COMPLIANCE WITH REQUIREMENTS SET FORTH IN SCHEDULE B- SECTION 1 HEREIN. 33. (ITEM INTENTIONALLY DELETED) (THE ABOVE ITEMS AFFECT GARFIELD COUNTY) ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC273272.2 -9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 34. (ITEM INTENTIONALLY DELETED) LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from th a Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against an-filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISQASURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies /Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We ie gnize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and statacy laws ublic personal information ( "Personal Infotion'), an d to whom it is disclosed, will form the basis for a relationship of trust between us and the public that serve. This right to change this Privacy Statnt from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf, and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or ve us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fideli ty National Financial, Inc. 4050 Palle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV . PCU, .CHI