HomeMy WebLinkAboutR16-088 Open Space Funds Dewey Park Property Commissioner ft ia-0-4,- moved adoption
of the following Resolution: I
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2016-0 tt
RESOLUTION APPROVING THE CONTRIBUTION OF OPEN SPACE FUNDS TOWARD
EAGLE VALLEY LAND TRUST'S PURCHASE OF A CONSERVATION EASEMENT ON THE
DEWEY PARK PROPERTY
WHEREAS,on or about September 16,2016, Eagle Valley Land Trust(hereinafter"EVLT")
entered into an Option Agreement to purchase a perpetualcosaervtion easement on approximately 38
acres of land located in Eagle County,Colorado along th e ColorOld River known as the Dewey Park
property(hereinafter the"Property"); and -, - 1:, i
WHEREAS,the Property is depicted on ExhiN A whleh iyttached hereto and incorporated
herein by reference; and
-....,-,
WHEREAS,through Eagle County Resolution No. 2016-064,Eagle County established its Open
Space Program which permits the acquisition and/or permanent preservation of Open Space by Eagle
County or the County in partnership with other public or private entities; and
WHEREAS, EVLT desires to purchase a conservation easement on the Property in order to
preserve wildlife habitat and scenic qualities; and
WHEREAS,the purchase price for the conservation easement is One Hundred Ninety Thousand
Dollars($190,000). An additional amount not to exceed Sixty Thousand Dollars($60,000)is required to
cover transaction costs,including but not limited to,baseline report, stewardship endowment,project fee,
legal defense, mineral and environmental analysis,title insurance, closing costs,and the like(collectively
"Transaction Costs"); and
WHEREAS, at its May 9, 2016 meeting,the Eagle County Open Space Advisory Committee
based on its findings,recommended approval of the use of One Hundred Ninety Thousand Dollars
($190,000)to purchase a conservation easement on the Property and up to Sixty Thousand Dollars
($60,000)toward Transaction Costs for the project; and
WHEREAS,at its regular meeting on October 25,2016, Eagle County Board of County
Commissioners considered the funding request,a presentation from staff,and the recommendation of the
Open Space Advisory Committee.
NOV,THEREFORE BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT,the Board of County Commissioners hereby specifically authorizes the expenditure of up
to One Hundred Ninety Thousand Dollars($190,000)from the Open Space '":"'Et, .4'.4E0.'',1_ .: a.".1
E..
By: '7 AWL 1, i
..'4146. ,nty A ,orn y's ffiCt.'.
Eve ounty Commusioners Office
conservation easement on the Property and an additional amount of up to Sixty Thousand Dollars
($60,000)from the Open Space Fund for Transaction Costs; and
THAT,such expenditure of Open Space Funds shall be subject to County's satisfactory due
diligence review and approval of the form conservation easement, substantially similar to that attached
hereto as Exhibit B,as well as inclusion of the expenditure in a supplemental budget to be separately
considered by the Board of County Commissioners; and
THAT,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 Eagle County, State of Colorado.
MOVED,READ AND ADOPTED by the Board of_Countx Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 00.4• 1,114* ,2016.
COUNTY OF EAGLE, STATE OF
1612 coy COLORADO,By and Through Its
ti 1OARD OF COUNTY COMMISSIONERS
a �
ATTEST: * ' ao .
ootoRe' UC f
Clerk to the4bard of J nne cQuee et /
County Commissioners air
•Atif.A.A Mid
Kathy Cht•ler-Henry
Commi sinner
110/ A
J j'4 H. Ryan
ommissioner
Commissioners ,,..iDuL - "'ss'conded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner McQueeney
Commissioner Chandler-Henry 14-,•
Commissioner Ryan
This resolution passed by I) vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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EXHIBIT A
LEG.AL DESCRIPTION
PArial ...)6,4 '7/4Itg. 5 0 v t4
11-1A1 P014T1CA Of TRACT 49 144 SECTION 31 AND St.Citc)N 32 III Ii77t49291, 4 SOU11.1,
RANGE 86 WEST CE D'11 Ofli ('FANCiPAL ME.PiDrAN, FACIE COutt1r. COLC1R.k.O0.
ACCORDINO TO THE INOEPENOENT Pcsunre..y 'PROVED Re TIIE US SORVEvOR
• cENERACS CITICE JuNE. 20, 1922 AND ACCEPTED NOvai0Er 20, 1922, ectus mon&
PAorcuLARLv OESCPISCO AS CCA,../.0w5
AT A I,Cut41) 19 LC) BRASS CAP IN PI.AU fOR krL 2,(1110ri CL94118 •
COL11301,4 TO SECTIONS 31 ANC 32 rir sr4t) TO9NStil0 4 S0UTii,RANGE 99 WEST t.r4E;
SECTIONS 5 AM) 9 C4' SAL) TO(INS:PP S snnni. nAtvY.
• nictict. ALON6 Lilt. Or 11044 .32 N f30'5 71,5" E 923w AC 10 A
r-Outv) 0.1.0 BRASS CAP tr, PLACE FOP A. CLOSING CORNER A: TrIE: ottE.14S2CI104;
THE WEST E30.1..INOAPe OE 5:10 1ThIj....1 49 AND SAC SOUTH UNE Or SAID Si:C(10N 32. •
DIENCE C04411150r4C ALONG Mi. SC'jNi 1.1141: (If 9141 SEE;(10N 32 EASt. 239S0 Hi.T
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(TNE. BASIS OF NEAR.NOS) IC, A 11411I0 C.L0 enAss 01.0 IN PLACE FOCI' A CL0 11449
0001.001 A THE INTERS:CNN; Of THE f As; seuN0Ar11. sA,0 T2•9; 49 AND THE
S{'4.181 LINE 0' FI0E014 39;
tt•ENCE ALONG TiiF EA•5113kr 60,..1504(ry Of SAO 49,7,0 45 N 2 3'41'L,2 13; 66.322
FEET IC A room) G L.0 95495 CAP 111 PLACE 105 4:135NEP 119 0 Of- 5A10 TRAcT 49;
THEkice, CON 11551119 A.L014;; SAtt., CASI1:111..Y riCAINEAR e 1, 13'4:;410" 0; 1114 29
ICI A 01131/1 ANO Ait535101,1 CAF L10,22510 TN PLACE 100 CCATtir r 149 19 Or stt) rpAcT
40, PIE TPA' 00111T OF iri3.1Eillet:l;
IHENCti CON 111491143 ALONG SA,E1 f.A••SITE(.4- SCAINDARY 74011111. 813 20 F AL 7 (9 A
I-00N0 01 0. 90ASS CAP IN PLAC€ 9014 C.914441,,P 140 1 MACT 49 AND CORNER NO.4 TIIA:C;
51;
15E571 /.L 0'1C Tlif. t(911.1N 1401.,(NCAR'r OF 5Aft", IPAG 49 N F, L51 .1.f, ILE
To A route) t 3 E,R45s rf:44 C0r,440 G IP Acr 4S. CORN, NO 3 ((MC i 51 A•Nr)
rHE 1401401 1041 fir SA.10 174101 49,
IliCCICI 99448NONC, A70049 171;0 11051ff 0C1014DA0 9 89,45'31 y,,• 1243.6; I LET TO A
100141) GI,0 807.11 CAP 114 PL ACE FUR A AO-ZANE/ER CCIWICA ANC: c•CONEr1 NO et SOD
MAC; 45:
1411N7e: t0;53 lilt tKiITH 11001 if)&f::r 01 5.410 if:AcT 49 5 8j.20i.,31.. Vi :LI.a:2
A Pi9;141 CU DIE CASINO,.?MEAN 1071-; WATER LINE 01' C0.00/ETC.PlyE0
09.1t0r444E0 OEC4F,IRFF1 ill, 1502 fir NEI SNINE A
•
.0119N0 SAO 0119117111...r /A AN MICH 0A1II1 NNE TIE 104 T4,17414r,', 7.! {:eAjft
It S 04122'54' W 104.73 FEU:
2) S 26-26'13" F 6344 tAil,
0'; S 480449- 1 101 59 FEET, •
5 603021' E 319.05 EETT:
S 21'05'26' 1 406 72 FEET,
61 S 4510'08' F 75392 Fat
7) S 1,5's 0.02` E 15453 TEE t
a) S 70-39.2.r E 20726 rat wi-0,:j• A 0EllAR AEI) CAE` St i 1--7.,44 A IA ANGER
AND conrtEr 710,3 Of 50417 TRACT 49 11EARS N 04'01'30- W 26 32 TUT
S 80'30'50' E 150 1,4 FEEL
10; 9 80'fall'far E 304.00 1EE11
It) II 8299•113 E 19 7 19 1814,
13) N 05'5310' ( 1,0115 rat:
73) N 80'4901" 6 249.55 TEO.
tHtrick N 61-59',51" t: 33091 11 E.1 10 1141 114ut: 001:11 1411
0/.107418E0 PARCEL CONTAINS 0.083 ACRES f/OP) 00 1,,E0%
lilt ABOVE OE57Ri9E0 PARCEL SueJE.Ot 10
i) A STEW Cr LAND EtXt Oil 017141: AND 1010 ClIANOL C.:94L8r4 ftAuszoAD comnAr.te
CONT/ANI:(13 6 002 ACRES 1,1006 CR 1.1 95. SA10 STRIP Or 1731))KING A P041101( Cil,
EIENVE.13 ANT; SALT LAre,07,5340A9 PARCei DESCRO3E0 r 0420K 110 A PAGE I.47 111 TitE
Or TIFF CAGLE COTTI4TT Ct.E0;4 A119 PE-CO=10M
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11,415 LE 0 Al. 0PSCRiPT10;; Yin/nErovEn ',pat A SIVCIAL V7AftRANiY rus) RccorT,ri,
AS RECEP NON NUMFIER ri31394 OA;5'1) DECE/ERER I IN 1141 to 1,('i (.37 THE IASI I
COUNTY CLER11 ANO REC0.90ER AN9 I,NOT THE REL.:JO 0E- A rrELE? 101,0717
0101 007,110 6W ISIS 1)414
Off AREA FOR PANCEI ()NI, If SS XC'EPIteN, IS 41 0S1 Nok Cig 1,E9 s
`;t
PACi. 1 Ci" ii 1 C. 11 f'04 ii)'S C•1
' af.0 zn1-•'54
PC 1/61 1594 993, Eagle Park 1731 Drat, E1.0.CO 81621 (0901325-720H
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LEGAL DESCRIPTION
PARCEL TWO DEW El PAR,K. 140K114 •
A pAncEL OF LAND SITUATED IN TRACT 48 AND TRACI 50, SECTTONS 31 AND 32.
TOwNSHIP 4 SODDL, RANCE 85 WEST CF THE 611i P.1.; 6EiNG NOSE PARTICULARLY'
DESCRIDED AS FOLLOWS'
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DEOWNWO Al CORNER. NOG OF SAO TRACT AS 8E1NG A GE.0 GRASS CAP FOUND in
PLACE AND PROPERLY MARKED, THENCE ALONE: 1HE. SOUTHERLY LINE OF SAID TRACT
45 S 09'Sr 23" W A DISTANCE Or 1436.50 Far TO A POINT On THE APPROMMATE •
CENTERLINE OF THE COLORADO RIFER AND THE EASTERLY LINE a A PARCEL
01SCRIBED lii DOE* 217 Al PACE 754 CE Mt; EAGLE COUNTY RECOE3315.
THENcE. At.ono ceNTEPuNE ANO E.AsIFITE‘i LINE TILL YoLLoyArg.-; SEVEN 1;7)
COURsis.,
N 0420'12" E/ A DISTANCE OF 140.3 FEET;
N 51735'42 E A 1)!STANCE, CC 146:5 FE:El. •
3 N 30'26'50 R A (ASKANCE OF 5740 FEET;
N 1r3544" 1 A DISTANCE Cr 104.03 FEET;
5 FT 124421° EA 0:STANCE Or 550 03 FEET,
6 N 03'29'33' E A DISTANCE OF 9031 FEET.
7 N 13'0'32" Yt OtSFANCE OF 205.18 FEET: •
THENCE L.EA'ONCi SAID CENTERLINE ANC, CASTEN r EWA. AND ALONG 1:11. NORTHERLy
LINE 01 S5:0 PARCEL DESCRIBED IN 0001-r. 21" A.1 PACE 254 Cr NEE LADLI. COLIN1
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NECOROS A T1(0' IN A DISTANCE OF 101.32 FEET,
THENCE At ENG THE EASTERE I HICK:1 .• 't 01 CACTI CCuti Ty POND 301 rrir
rairworc sr.EN (7) COURSES
1 11 15'54'2 W A DISTANCE Cr .3034! 1rc.1.
N 72'3502 W A DISTANCE 0: 2.34.?5 IFFT,
.5 All' A CURVE TO IKE RIGH1 WITH AN ARC LENGTH tY, 370.06 WM A RADiUS
Or 315 OD FLIT, vATI•4 A CHIRC: 13E.AittriG OP 1. 08'08'13' C ATTE! mill A CHORD
LENOT:1 Of 352.50 FEEL
4 N 3651'32" 1 A DISTANCE Of I';!6 32 (EEL
:ALONG A CURVE TO 'Re RICHT 'MTH AN ARC LEHOTII Or 155.75 FEET, 14111 5 RADIUS
Or 517'GO FEET, 1,10; A C.1LORD sEADIK, f1 47'29.28" 1 AND %lilt A cH0p0
LENGTH OF 11116 FEET;
6 N 56'05'23 F A DISTANCE 0+ 101 68 FEET,
N 40 E A OISTMiCE OF 338 18 III T 11, A PT",:in I Of, INE NORIHM.Y UNL
SAID TRACT 43
NiEtTa LEAVING st.lr, pots,or- AN!, AL01S0 TT1E NopiTIT:Ni„T• LINE Of SAID
TRACT 48 N f:9'511'4"" F A DIST MCI Or IT 75 FEET;
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THENCE ALONG THE SOA1111V,ESTERE.v LINE OF A PARCEL. DESCRI6E0 IN 8004' 210 AT
PACE 34 OF fill EAcl.f. COUNTY RECORDS S 38"54'3:r 1 A DISTARCEI 05.00 FEEL
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THENCE ALESIS THE SOU11:EASTERLA LINE 01 SAW. PARCEL DESZRIDFO IN DOOK 219 AT
PACE 34 OF THE EACLE COUNTY RECOPOS II 4312'SCr E A olsrAprcr: or 259? rat To
A p0341 ON scoD NORDTERLY TINE or TRACT 4A.
THENCE AEONC 5510 NORTHEREr LWE ti 89'5817' E A ()IS;AIVE oF 4350,37 FEET Ti) A
POWT ON THE cAsitri, UHF 01 SAO TRACT 46
IMENCE ALFWG SAID LAME8Lt LiNi !Ht. tOCE.OWINC TwO(2) COiJITSES
1 5 /30'02'21- V,' it DISTANCE OF 1316 36 FEET 10 CORNER 110 7 OF trfAC,T 51 SECTION
32. TOKNSHIP 4 SOUTM. RANGE Fi6 V.IIST ci ME III F TI 611:10 A GL.O. ERAS' cm)
rooTTO Itt PLACE AND PROPERLY LA ARNEO,
2 S oTon20:' E A OISTANCE: t 131 7 21 FEET 13 1HE PFIJITT 0 WC:INT:WO. INT
LIT PARCEL CONTAINS 86069 ACRi'S MORE 011 LESS
DxccpyiND THE RIGHT-01-WAY rOR THE flEMFET AND F/, LAKE VA:STERN RAWROAF
COLiPANY t_ "c IN 8001-C 116 AT PACT. 118 IN TtiE P1.0 C Air FA'3E1 COL:ti I Y
CLEW: A1411 RE:AAriri. MITAINENT; El 830 ACTTIS LiOrtE OR LESS
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THE TOTAL APEA FOP PARCEL IWO. LESS THE EXCEPTION. IS 20.150 ACRES MODE CR
LESS.
NT LEGAL OFSGMPTION FOR PARCrt. TWO IS MOT,' Al. At TA\Acsm LAND TITLE ztevcy
PREPARED DY EON DACENT, ItS. 269EG, DATED MAY 24. 2001 OM THE PENAL% Of
SC/PROW A WALKER INC ANTI 1111.EN A PORTION OF TRACT 48. SECTIONS 31 & 32, AND
TRACT 50, SECTON 31. TOWNSHIP 4 SOUTH. RANC,F 86 WEST OF THE 611 P LE. FACIE
COUTin, CC:LORA:30: AND IS NOT THE R1SUL I CE A FIELD S'OPWY P111 071110 ON THIS
DATE
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11-iE; cottel.a•D Al1EA FOR pARca.ri ONE ATTO TWO, LESS TIE ExCEPTiONs IS 121.231
ACRES 1,18117 Op 11.55
DATE: MAY 2. 2011 piCHARO F. 13:701,Tti
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PAC1 2 Cr' 2
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JEW r
20?-54 •
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P.0 Tiox 11:,34 0031 E:Agit 11:14 Eut Drive, CaMt, CO MOM (970)21:11-72119
. . . . . . . . . . . .
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t c"i o e s t...4 E. < o 0 1 4
LEGAL DESCRIPTION
(ii AT PJR'11021 D.i CA....E 44 Ili SZS.Ti1'i 32 Si T!{,Ti:lr!:I' t Stir iH:•l4I?It, 0,7941:24 J IL
13,-is-t> C 5044724. 31:11irlt 116 WISE CF Tt4L ITH c,'c) OPAI N fi:Ctrt., ACCCh'+i"e; Cr)
Cl, '4G$'.0—1r RC SurlAtc APPRIC,S'(D/ 11u u S SuRct.":2) G0.1:0PtL'S 47,1 171
201,0 20. 1422 A113 ACC%"1L:D li{ztcl•F$FR 20. 1533. AND OPIC.iAC•LY 0 :41,0(0 A5 i.,)
131 2 Cir 5'C4471 32 AM)ALL PAR: Of LOT 5 OF `•0011 N 3
1,2v.w2441T 4 5:1.[111. RATCC A6 WEST OF INC ETN PRi'i34F'At I,1:P7.41AN IAC'.E.00/4i I Y.
PANTICUi.Afit.y 11E5''I8E0 AS i C4.i OWS!
c,02rNENCINE.I ,1 A Fi,wi>U S C A') 11)/,>CA"'1i 01,4CE rOa 1!1! Ii,.',COFIE 0 r
0!Jl.0si IC SECI,U 5 31 AND 32 04 SAID TOArI52!E' 4 SrAJG,. NANC:. 04 Y.991 AN)
'3CC72&11.., !:. 1,'47 C Of SAP) tOW954 4iR 5'30-1,-i 11,2401 410 W I,
!ii"4C A.t.Qliv 14.1 ti)L,I LA'L 0i- S/_CT!'N 32 ti 0+5/I55' 1i 523.07 r11:i 10 A
ft%1Nt.>Ct.0 MASS(:AP IN PLACE 4201 A Ctuiit,o Cr3PUEP As nit: ItarilSLC1t(Ati
C::iAiO PA or ■1!0 TRACT 49 AND 5:'4. ,.:il!Litt fF' SM 5"..Cl'C'r 37.
1i'.cN�'4
CON TNU".;PLCI0.7, Ii;E;30LIE11 111:£ C4 34 )t Cl')', 53 C4?,i" 2.550 O ft:I:l
lF}'( P: l'lliC4} 13 A Ci;t!N(1 iitAv EtiiA'P,CM-Ai 1,44( 1-i1'I A 0405214
!'OAiiU'(Ai nit:
,t"1CRS fC113• C( THE E7'11 ,':)ARY 0V '7,2,p F.1 I'A,1 41 AM.:,
UNl 3?. 11,E ➢i1
I'"2 f'1[11 U Ef.Ca!t>:•ri..
40/,',•F 1' A.t, ;> III CAS 1E0i.I'(; i111 APY Or SAi" MACE 49 ti ,7,11.52' '5 462:32
i'U r 1, .r, I(lUtiO C I.C'! 1111.51 CAP Ft 14 A£;. Fix!c;, 1i00 IA i 04 5 00 L'-A';1 41;
':Y,1114(111i;,'.t 0"u;SA30 L:f:Sii;!i,Y f30,2S0,).1i Ti i3'46L)' 2 104.3)FEEL
TO A 00*'' AND A0.41/111..1J ('Al'1,47.■5130 1'1 F' .r S'C'10:1,.11,:C i'?OE an,!": 1'':'
6I'!i70.I1' '4 2A0 4 V I IO 0:i 112[ ,,A',FE1?i, NE AN tcC11 YlAFE.it
R, (ii. LCY 0E4,400 I15f R AS (l:U, 1.1i,:. firrt:/t>IFP 1'. I9'(, CALE,9,114'4 Y.
11:21:: Al):1'; 144. ;5A;:'4 ,14 Ri GL Ali 1'13' vrATEP III, NiF t4_r.,i';')
i Six (E.i
44,,)'79'10"I •■t:6 F(I 1.
:)5 39'41'2 I" 19'::'2)FEET:
11 S 1T724',73'F SBA2 1'<4 I,
44, lr•.1S4"v(3 5'0E01.
q
7...17,2..„ 9• r ,,r
S .i :^:315 Ff..[ IC A}:Citi! M i., (:Epff la!:'i F. (it T1,`:. sC.;,i!;A'I11
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F.i,C! OF AN OA Ei A3AI,411:LVC(1 4,ibt 07E00£..
Ali:.,'il A Ulir: C'.t<ii'C'IL, 11(4410£(4 A A_/iT ,1A1 Ii' 11.,111 Ii'A 1F 21111,')
.l:,U.ii 2,/11.1;{1 TO SC(:110ii ,1! ,St' ARl 10,411/'3!14. .Oil!' t A' ��' F, V.r S! ? ..
t-:e+t 5 or SAIG °C>YR'SttP S' i'c NATiCi 921 l (Skin - :atti-. 1:4
•,0 f,if:iNC Pit AtiTL! 111111 CN ENE ri 71ii LIII1 f'i iii/,T 441
•71"P1122112A: FI.AT'.; AND 2111.111,012'1 04- SA401,,ri:."141)7..41I 9E54P1V,_.1 CE
4,22,1s riiiI' 4 SC41111 t•l1) T07,^15111P 5 SG.11,4. wit'.1'O°dilOtt vi 't 1121 1.''i',
4EAr,,141(T,t;Jdt Y 1(Fi(RL!Bit..D) Ci 216'42°A'4 li 44)'12 1(72 2,1 A f.":!':i 5' iiir
ti'A r L!1.. ., Ss2 ENACT 4S,
.2111 :,A'0 L.ASCtlitr cPA It u'" E 444 53 EAF.l ,... A!1;:11!:;Ca.,.
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:-.A2 44 1,ACE 1,91 (0f,tt t?t:•?A<lf 51.13 MACE 42,
Ill Yt,E LV:'- SA,E4 F AS IA AT 20247 AI 3:N0.0 Ai (.ri?.. FEE.1 f< Tr.6 12,1 P,=Cl
., FIF"..aat',CC[li'Y'Cif IFOAl, e'A IV: (t' C.h.l?AD!/
At': s.....F-if:i PWC.ei C Cl:1 _ . _13;1' Al,,': ,ip' C:?LESS
IMitt lilt AL'),)
ors- i At1iS FOP ii1'. Otintr> A.i,!
,< ViAS. 11x f:AC 1?(A t
IF1' (£121, A F(t 4(34(f lot tiO4.74 (='.11':�.ti•
A',',SAI1 ,.'fE R?;:.I1,Id::
• (.''.5,1,1) �,0GC:< ,lc. AT P/:`E 14'0: 1',2. t4-('llC°; T'iF 1:'53 3.U.40!t
;...:i A%1 E0.7(:74,7420,4 .1%, CON1,24lINI 4'3 %:(. 2: 14.0P.7, !C IFic:.
j} 4A,:3z4 t LAUD 1!-49!4:3_!:!c': CA4'f•.CC.GF^./1'.I/A' I 1951 IN 12I.)E4A 13' I•I
F ni:G•945 A14% iti DA;'YJNF.tNF 11010111'.19 (k' THE RE CCIRDS Ci '1ii. EAt:f' COUNT, C1103'.
AND Et'3'41%(IFT,C`T, C0>trA:'i'.(, 2.575 A:7CS tort' 0'LI ,. •
e.011/'i C'. LAND 0411 TILES IENDA i AS CC11Ct4 1 ANI C "l 10!4(,
.4'0 ,,':F ACIF 002,140.4. 1110503-, 0.4,ll10E.Ai' CUD Pie 'CCO;ti`11 1,5<: '_'3 Al
▪ 30 C31 it,t:i.;.A -'4,(S C4 LAO T 1.5.3411. C_-v<27i1'A '"1' lirRoucoi
t:a C£IC; Ii te I.iN 070r 101 t• i n:£. , fliee "10111. >Cr Ti,l 17.,:;:.0
A1iL'"(11924.01, CCtOtt.`.)5
Frti.L,4.t,L ^"S;;RIPT:iai WAS GC1'1i:2)Fi403/ A 5"L:,ra.0,+,r.!(•U'I CE: O 4112111,,'4.
t:'1l.'E;C14 300'!47 04 E0 GE':CO20f1: Ii 14 A5 R:' 31:0 di: CAF1C4 L1 1111 Et.C,'
.;;rtT1 CL 14 AND tit:CE)43VP 2710 WAS LIII Tut El:S.!:.1 II A.F:EAP 'U'"c'ET
Peeineielif n 7X1 It■;.nnlA
it rE 171,At. AREA;0:4 195 P,4FCt3., L E..IS I" L-:Ea'T231s5 1S 220 03 R/04( Ck,
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EXHIBIT B
FORM OF CONSERVATION EASEMENT
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III
After recording,please return to:
Eagle Valley Land Trust
Attn: Jim Daus
P.O.Box 3016
Edwards,CO 81632
Any time the Property is transferred by Grantor to any third party, Grantor shall pay a transfer
fee of 0.5%to Grantee and notify Grantee pursuant to the requirements of Section 11.
DEED OF CONSERVATION EASEMENT
Dewey Park
THIS DEED OF CONSERVATION EASEMENT ("Deed")is granted on this day
of , 2016,by COYOTE RIVER RANCH, LLC, a Colorado limited liability
company, whose address is P.O. Box 88, Wolcott, CO 81655 ("Grantor")to EAGLE VALLEY
LAND TRUST, a Colorado non-profit corporation, whose address is P.O. Box 3016, Edwards,
Colorado 81632 ("Grantee"). (Grantor and Grantee are collectively referred to herein as the
"Parties").
RECITALS
A. Description of Property. Grantor is the owner of the fee simple interest in.
approximately 42 acres of real property located in.Eagle County, Colorado,more particularly
described in Exhibit A and depicted in Exhibit B, both attached hereto and made a part hereof
(the "Property").
B. Qualified Organization. Grantee is a "qualified organization," as defined in
I.R.C. § 170(h) and a charitable organization exempt under 1.R.C. § 501(c)(3), as required under
C.R.S. § 38-30.5-104(2). Grantee is certified by the State of Colorado's Division of Real Estate
to hold conservation easements for which a state tax credit is claimed. Grantee is also accredited
by the Land Trust Accreditation Commission, a national accreditation program sponsored by the
Land Trust Alliance. Grantee's primary purpose is to preserve and protect the natural,scenic,
agricultural, historical, and open space resources of Eagle County, including the area in which
the Property is located, by assisting landowners who wish to protect their land in perpetuity to
preserve and conserve natural areas, environmentally significant land, and working landscapes
for ecological, scenic, aesthetic, scientific, charitable and educational purposes.
C. Conservation Purposes. According to I.R.C. § 170(h)(4)(A) and Treas. eg.
1.170A-14(d), the conservation purposes of a qualified conservation co o / M , t i c in e its
E.. le Cou,m y Attorney's Office
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Eagle r'ourty Coinmi sioners` Office
one or more of the following: (1)to preserve land for outdoor recreation by or education of the
general public; (2)to protect relatively natural habitat of fish, wildlife or plants; (3)to preserve
open space; and(4)to preserve historically important land or structures. The conservation
purposes set forth in this Recital C and referred to hereafter in this Deed are collectively referred
to as the"Conservation Values."
The Conservation Values of the Property are as follows [TO BE UPDATED UPON RECEIPT
OF THE BASELINE REPORT]:
1) Relatively Natural Habitat. [Treas. Reg. §1.170A-14(d)(3)]. The
Property supports native that
provide forage,cover,breeding habitat, and migration corridors for a variety of wildlife
species, including migratory songbirds,raptors, small mammals, and big game. The
Property contains approximately 6,000 linear feet of river frontage along the Colorado
River and its riparian corridor. The Property's habitat is"significant"as defined by
Treas. Reg. § 1.170A-14(d),because it provides or potentially provides habitat for
species considered rare, threatened, endangered, or of special concern—namely
. The Property features
. These big game species contribute
significantly to the biodiversity of the region and to the economy of Eagle County and the
State of Colorado.
2) Open Space [Treas. Reg. § 1.170A-14(d)(4)]. The Property qualifies as'.
open space because it is being preserved for the scenic enjoyment of the general public
and pursuant to a clearly delineated federal, state or local governmental conservation
policy(set forth in Recitals D and E below) and will yield a significant public benefit.
a. Scenic Enjoyment. The Property's preservation will provide
scenic enjoyment to the general public because the Property is in an undeveloped
and natural condition, featuring a mosaic of natural vegetation communities
across dramatic topography. As such, the Property adds to the scenic character,
openness, and variety of the local rural landscape. The Property is visually
accessible to the public from Colorado River Road,which bisects the northern
portion of the Property, and the Colorado River,which is heavily used by boaters
and other river recreation enthusiasts, and from Colorado River Road, a county
road frequently traveled by the residents of Eagle County and visitors to Eagle
County.
b. Agriculture. The Property is currently used for agricultural
purposes including cattle grazing and irrigated hay production. This use is
compatible with other land use in the vicinity, as adjacent properties are also used
for agricultural production.
2
c. Significant public benefit. There is a foreseeable trend of
urbanization and rural subdivision development in the vicinity of the Property in
the near future in the surrounding areas within Eagle County, There is a strong
likelihood that development of the Property would lead to or contribute to
degradation of the scenic and natural character of the area.
These Conservation Values are of great importance to Grantor, Grantee,the residents of Eagle
County, and the State of Colorado. It should also be noted that the terms of this Easement do not
permit a degree of intrusion or future development that would interfere with the Conservation
Values.
D. State Policy Concerning Conservation Easements.
1) C.R.S. § 33-1-101 provides in relevant part that "it is the policy of the
state of Colorado that the wildlife and their environment are to be protected,preserved,
enhanced, and managed for the use,benefit, and enjoyment of the people of this state and
its visitors."
2) C.R.S. § 35-3.5-101 states in part that"it is the declared policy of the state
of Colorado to conserve,protect, and encourage the development and improvement of its
agricultural land for the production of food and other agricultural products."
3) C.R.S. § 38-30.5-102 provides for the creation of conservation easements
to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for
agricultural,horticultural, wetlands,recreational, forest or other use or condition
consistent with the protection of open land, environmental quality or life sustaining
ecological diversity . . ."
4) The Colorado Department of Transportation statutes (C.R.S. § 43-1-401,
et seq.)provide that the"preservation and enhancement of the natural and scenic beauty
of this state" are of substantial state interest.
5) C.R.S. § 33-10-101 provides"It is the policy of the state of Colorado that
the natural, scenic, scientific, and outdoor recreation areas of this state are to be
protected,preserved,enhanced, and managed for the use,benefit, and enjoyment of the
people of this state and visitors of this state."
E. Other Supporting Government Policy.
1) Eagle County Resolution No. 02-123 provides for the creation of an open
space mill levy for the purpose of acquiring,maintaining, or permanently preserving open
3
space to preserve wildlife habitat,protect working farms and ranches, conserve scenic
landscapes and vistas,protect wetlands and floodplains, or provide public access points to
rivers and streams.
2) Eagle County Resolution No. 2016-064 establishes that it is the olic of
p Y
Eagle County to be dedicated to apreserving wildlife habitat,protecting working farms
and ranches, conserving scenic landscapes and vistas, and protecting wetlands and
floodplains2 within and throughout Eagle County.
3) The Eagle County Comprehensive Plan states that: "A variety of
approaches should be utilized to preserve land as open space"including conservation
easements.
F. Documentation of Present Conditions. Pursuant to Treas. Reg. § 1.170A-
14(g)(5) and in order to document the condition of the Property as of the Effective Date, a report
has been prepared by Rare Earth Science, LLC and dated ,2016 (the
"Baseline Report"). The Baseline Report contains a natural resources inventory and also
documents the Conservation Values and the characteristics, current use, and status of
improvements on and development of the Property. Grantor and Grantee have viewed the
Property at the time of the transfer of this Easement and each acknowledges that the Baseline
Report is an accurate representation of the Property at the time of the transfer. The Baseline
Report has been provided to both Parties and will be used by Grantee to assure that any future
changes in the use of the Property will be consistent with the terms of this Easement. However,
the Baseline Report is not intended to preclude the use of other evidence to establish the
condition of the Property as of the Effective Date.
G. County Funding. Grantee's purchase of this Easement was funded by the Eagle
County Open Space Program(the"County").
NOW, THEREFORE, in consideration of the payment of funds by the County, the receipt
and sufficiency of which are hereby acknowledged, the recitals set forth above, incorporated
herein by reference, and the mutual covenants,terms, conditions, and restrictions contained
herein, and pursuant to the laws of the State of Colorado,Grantor voluntarily grants and conveys
to Grantee and Grantee voluntarily accepts, a perpetual conservation easement in gross
("Easement"), an immediately vested interest in real property defined by C.R.S. §§ 38-30.5-101,
et seq.,and of the nature and character described in this Deed, for the purpose of preserving and
protecting the Conservation Values in perpetuity, subject to, and without affecting, any
currently-existing rights,if any, of third parties or the United States, encumbering the Property,
under Federal law, Colorado statutory law or common law("Third-Party Rights").
4
•
1. Purpose. The purpose of this Easement is to ensure that Grantor preserve and protect in
perpetuity the Conservation Values as they exist upon the Effective Date(defined below)
and as they may evolve in the future, in accordance with I.R.C. § 170(h),Treas. Reg. §
1.170A-14,and C.R.S. § 38-30.5-101, et seq. ("Purpose"). To effectuate the Purpose of
this Easement,the Parties agree: (i)to permit those uses of the Property that are expressly
permitted by this Easement, subject to any limitations or restrictions stated herein,and
those uses of the Property that do not materially adversely affect the Conservation
Values; and (ii)to prevent any use of the Property that is expressly prohibited by this
Easement or will materially adversely affect the Conservation Values. Nothing in this
Easement is intended to compel a specific use of the Property other than the preservation
and protection of the Conservation Values.
2. Rights of Grantee. To accomplish the Purpose of this Easement,this Deed conveys the
following rights to Grantee:
a. To preserve and protect the Conservation Values in perpetuity;
b. To enter upon the Property at reasonable times to monitor Grantor's compliance
with and otherwise enforce the terms of this.Easement; provided that,prior to
such entry, Grantee shall first provide reasonable notice to Grantor, and Grantee
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the
Property;
c. To prevent any activity on or use of the Property that is inconsistent with the
Purpose of this Easement, Grantee may require the restoration of such areas or
features of the Property that are damaged by an inconsistent activity or use, all as
more fully set forth herein;
d. To enforce the terms and provisions of this Easement;
e. To place signs on the Property that identify the land as being protected by this
Easement,the size,number, and location of which signs are subject to Grantor's
reasonable approval; and
f. All Development Rights as defined in Section 24 (Development Rights), except
as specifically reserved by Grantor herein.
Nothing in this Section 2 shall preclude the right of Grantee to enforce the preservation
and protection of the Conservation Values of the Property, or any other provision of this
Easement.
5
3. Rights Retained by Grantor. Subject to the terms and provisions of this Easement,
Grantor reserves to Grantor, and to Grantor's personal representatives,heirs,successors
and assigns, all rights accruing from Grantor's ownership of the Property, including: (i)
the right to engage in or permit or invite others to engage in all uses of the Property that
are expressly permitted by this Easement, subject to any limitations or restrictions stated
herein, and those uses of the Property that do not materially adversely affect the
Conservation Values; and (ii)to retain the economic viability of the Property and to
retain income derived from the Property from all sources. Grantor may not,however,
exercise these retained rights in a manner that is expressly prohibited by this Easement or
that materially adversely affects the Conservation Values.
4. Property Improvements. Improvements existing as of the Effective Date are permitted.
The installation,placement or construction of any other improvement is prohibited unless
expressly permitted by this Section 4.
a. Existing Improvements. At the time of granting of this Easement, the Property
contains one(1) small agricultural structure consisting of approximately 375
square feet(the"Ag Structure"),and no other improvements except for ditches,
irrigation pipelines,including a pipeline crossing over the Colorado River and
improvements and structures associated with such pipeline crossing, an unpaved
Road (defined below), fences, and miscellaneous Utility Improvements (defined,
below)(the"Existing Improvements"). The Existing Improvements may be
maintained, repaired and replaced in their current location without Grantee's
approval,provided,however, that the Ag Structure shall not exceed sixteen(16)
feet in height.
b. New Improvements. The following shall be referred to herein as"New
Improvements:"
i. Grantor may place,install, construct,maintain,repair and replace the
following new improvements on the Property: (i) one(1)open-sided hay',
storage structure not to exceed 1,400 square feet in size and sixteen(16)
feet in height which must be located adjacent to the Ag Structure and may
only be used to store hay and operational agricultural equipment; (ii) stock
watering tanks; and(iii)reinforcement of the banks of the Colorado River
using natural materials, such as rock and vegetation,without Grantee's
consent, but in no event using man-made structures or materials, such as
concrete or steel, without Grantee's approval pursuant to Sections 16
(Grantor Notice) and 17(Grantee's Approval).
6
ii. Prior to the location, construction, replacement or enlargement of any New
Improvement as permitted in this Section 4, Grantor shall notify Grantee
in accordance with Section 16 (Grantor's Notice).
c. Roads and Trails. For purposes of this Section, "Roads"shall mean any
permanent road that is graded, improved or maintained, including any seasonal
unimproved roads and two-track roads. "Trails"shall mean any unimproved or
improved path, or paved or unpaved trail constructed or established by human
use,but shall not include trails established by wildlife or livestock.
Roads. Grantor shall not construct or establish new Roads, unless
approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17
(Grantee's Approval). Subject to the foregoing, Grantor may maintain,
including grading and the repair or replacement of culverts, and repair
Roads without Grantee's permission,but Grantor may not widen or
otherwise improve any Road unless approved by Grantee in accordance
with Sections 16 (Grantor's Notice) and 17(Grantee's Approval).
ii. Trails. Grantor may maintain and repair any Trail existing on the
Property as of the Effective Date. Grantor may not construct or establish
any new Trail on the Property unless approved by Grantee pursuant to
Sections 16 (Grantor's Notice) and 17(Grantee's Approval). Grantor
reserves the right to make improvements to the Trails and allow use of the
Trails as may be required under the law to comply with 42 U.S.C.
§§12101 et seq.
d. Fences. Grantor may maintain,repair,replace or remove existing fences.
Grantor may construct, maintain,repair and replace new fences anywhere on the
Property,provided the location and design of such fences do not unreasonably
interfere with or restrict the movement of wildlife on the Property.
e. Utility Improvements. Existing utility improvements, if any, including but not
limited to: (i) transformers and power lines; (ii)telecommunication lines; (iii)
domestic water pipelines; (iv) septic systems or sewer pipelines; and(v) storm
water drainage pipelines("Utility Improvements"),may be maintained, repaired
or replaced with an improvement of similar size and type at their current locations
on the Property without further permission of Grantee. The construction,
maintenance, repair and replacement of renewable energy generating systems
including,but not limited to,wind, solar, geothennal or hydroelectric, solely for
7
uses permitted on the Property is permitted provided that such activity is
consistent with the Purpose(also, "Utility Improvements"). Grantor may install
• new Utility Improvements solely to provide utility services to the improvements
permitted by this Easement provided such Utility Improvements are installed
underground. Except as provided in the foregoing sentences, Grantor shall not
install,place, construct,or enlarge any other new Utility Improvements without
Grantee's approval pursuant to Sections 16 (Grantor Notice) and 17(Grantee's
Approval). Following the maintenance, repair, replacement, enlargement or
construction of any Utility Improvements by Grantor, Grantor shall promptly
restore and re-vegetate any disturbed area to a condition consistent with the
Purpose. Any easement, right of way or other interest granted to a third party by
Grantor or otherwise reserved by Grantor to be used for Utility Improvements is
subject to Section 6.g(Easements, Rights of Way or Other Interests).
Notwithstanding the foregoing,holders of Third-Party Rights may have rights to
access, construct,maintain, repair and replace Utility Improvements in
accordance with Third-Party Rights, and Grantor agrees that any agreement
Grantor enters into with holders of Third-Party Rights that permits disturbance of
the Property, shall also require restoration of the Property to a condition as close
to its original condition as reasonably practicable.
f. Signs. Grantor may place and maintain signs provided such signs do not exceed
four(4) square feet. Grantor may place larger signs on the Property with
Grantee's approval pursuant to Sections 16(Grantor's Notice) and 17(Grantee's
Approval).
g. Motor Vehicles. Grantor, and any other entity or person Grantor authorizes,may
use motorized vehicles, including without limitation all-terrain vehicles and
agricultural and construction vehicles (i) on any Roads, and (ii) on any portion of
the Property that is not a Road,provided that such vehicles shall be used only for
property management purposes including,but not limited to,maintenance of the,
Roads and Trails,weed control, agricultural production, and habitat restoration. ',
Any portion of the Property disturbed due to the use of motor vehicles shall be
restored to a condition as close to its original condition as reasonably practicable.
5. Resource Management. Grantor recognizes the importance of good resource
management and stewardship to preserve and protect the Conservation Values. To this
end, Grantor shall conduct the following uses of the Property in accordance with the
provisions below.
8
•
a. Agriculture. The Property is currently used for cattle grazing and hay crop
production which uses are consistent with the Purpose provided they are
undertaken in accordance with the terms and provisions of this Easement. All
agricultural uses shall be conducted using stewardship and management methods
that preserve the natural resources upon which agriculture is based. Long term
stewardship and management goals include preserving soil productivity,
maintaining natural stream channels,preventing soil erosion,minimizing invasive
species, avoiding unsustainable livestock grazing practices, and minimizing loss
of vegetative cover. Livestock watering tanks shall be located at least 100 feet
from the Colorado River, and livestock fencing shall be installed in locations
intended to minimize damage from livestock to riverside vegetation by providing
limited openings to the Colorado River, unless otherwise approved in writing by
Grantee. If agricultural acts or uses are no longer practiced on the Property, either
Party may request that the Parties develop a mutually acceptable plan to ensure
appropriate land cover that is consistent with the Purpose. The expense of
developing and implementing said plan shall be borne by Grantor.
b. Relatively Natural Habitat Grantor may conduct any activities to create,
maintain, restore, or enhance wildlife habitat and native biological communities
on the Property,provided that such activities do not temporarily or permanently
have a material adverse effect on the Conservation Values. If such activities
could in any manner temporarily or permanently have a material adverse effect on
the Conservation Values, Grantor must first notify Grantee and obtain Grantee's
consent pursuant to Sections 16 (Grantor's Notice) and 17(Grantee's Approval).
c. Mineral Extraction. As of the Effective Date, Grantor owns all of the coal, oil,
gas hydrocarbons and other minerals (the"Minerals") located on,under, or in the
Property or otherwise associated with the Property. This Easement expressly
prohibits the mining or extraction of Minerals using any surface mining method.
Grantor may permit subsurface access to Minerals from locations off the Property,
provided that Grantor shall not permit such subsurface access to disturb the
subjacent and lateral support of the Property.
d. Timber and Vegetation. On a limited and localized basis,Grantor may cut or
prune trees, shrubs and other vegetation on the Property to control insects and
disease, to control invasive non-native species, to allow for the cultivation of
alfalfa, grass or other agricultural crops, to permit recreational access to the
Colorado River, and to prevent personal injury and Property damage. Grantor
may conduct tree thinning activities to mitigate forest fires, and to maintain a
healthy ecosystem on the Property in a manner consistent with the Purpose.
9
Commercial logging is prohibited. Large-scale alteration or removal of native
trees, shrubs and other vegetation from the Property may only occur with
Grantee's consent pursuant to Sections 16 (Grantor's Notice) and 17(Grantee's, •
Approval). Re-vegetation of the Property including planting of shrubs and trees'''is
permitted in a manner consistent with the Purpose.
e. Recreation. Grantor may undertake, or permit others to undertake passive, non-
motorized recreation on the Property, including,but not limited to, wildlife
watching,hiking, fishing,biking, and hunting in accordance with the regulations
as set forth by the Colorado Division of Parks and Wildlife, and snowshoeing and
cross-country skiing,provided they are undertaken in a manner consistent with
the Purpose.
f. Weeds. The Parties recognize the potential negative impact of noxious weeds
and invasive plant species on the Conservation Values. Grantor shall manage
noxious weeds and invasive plant species in a manner consistent with the
Purpose. Grantee has no responsibility for the management of noxious weeds and
invasive plant species.
g. Water Rights. The Parties agree that it is appropriate to encumber certain water
rights beneficially used on the Property with this Easement pursuant to C.R.S. §
35-30.5-102, including all of Grantor's right, title, and interest in and to the water
and water rights described in Exhibit C attached hereto and made a part hereof,
together with all associated canals, ditches, laterals,headgates, springs,wells,
ponds, reservoirs,water shares and stock certificates, water allotments, contracts,
units,permits, easements and rights of way, and irrigation equipment affixed to
the land (collectively,the"Water Rights").
i. Permitted Water Uses.The Parties agree that the Water Rights will be
used according to their decreed terms.The Parties further agree that the
Water Rights are hereby dedicated and restricted exclusively for
conservation purposes, including,but not limited to, the Conservation
Values of the Property, agricultural,wildlife habitat, horticultural,
wetlands, recreational, forest, or other uses consistent with the protection
and restoration of open land, environmental quality,or life-sustaining
ecological diversity(the"Permitted Water Uses"). The Permitted Water
Uses specifically include:
(1) Historical Use. The Parties agree that Grantor shall have the
paramount right to use and enjoy the Water Rights on the Property
10
consistent with recent historical practices, including continued
irrigation or other historical use of the Water Rights;
(2) Instream Flow Use. The Parties agree that Grantor may enter into
temporary legally enforceable water leases, contracts, emergency
water loans, or similar agreements for conservation purposes, not
to exceed three (3) consecutive years or five(5) out of every ten
(10) years, to increase instream flows and/or water levels in
streams,rivers, lakes, and reservoirs to preserve or improve the
natural environment of such water body(s),provided that: (1)
Grantee has given its prior written consent to such arrangements;
(2)that such use,in the opinion of Grantee, would not jeopardize
the long-tenn Conservation Values of the Property; (3)that such
arrangements do not permanently separate the Water Rights from
the Property; and (4)that such arrangements comply with current
law; and
(3) Restoration/Enhancement Use. Grantor may propose projects on
the Property, including the riverbed of the Property, that prevent
the degradation of,restore, and/or enhance and improve the quality
of the watershed,wildlife habitat, and ecological health of the
Property. These may include a change of Water Rights pursuant to
C.R.S. § 37-92-302 or any successor statute(a"Change") or water
infrastructure construction. Such Change or construction shall be
undertaken only after creation of a site specific plan for
restoration/enhancement, which has been submitted to and
approved by Grantee pursuant to Sections 16 (Grantor's Notice)
and 17 (Grantee's Approval).
Grantor shall have the paramount right to use and enjoy the Water Rights
on the Property consistent with recent historical practices pursuant to
Section 5.g.i(1)to use the Water Rights to benefit instream flows pursuant
to Section 5.g.i(2), and to use the Water Rights for restoration or
enhancement according to the terms and conditions of an approved
restoration or enhancement plan pursuant to Section 5.g.i(3). fn the event
that Grantor can no longer use the Water Rights in accordance with recent
historical practices,the Water Rights shall be used for other Permitted
Water Uses. Grantor shall have the right to install, construct,maintain,
repair, and if destroyed, reconstruct any facilities related to the Water
Rights (such as gages, ditches,wells,reservoirs, irrigation equipment,
11
irrigation holding ponds,recharge ponds, stock ponds, etc.),unless the
Conservation Values of the Property would be unreasonably damaged
thereby, as determined by Grantee in its reasonable discretion.
ii. Restrictions on Water Rights. Except as permitted by Section 5.g.i,the
Parties agree that Grantor may not: (i)Change the Water Rights to or use
the Water Rights for municipal, industrial, commercial, or any other new+
uses; (ii) Change the Water Rights for use other than on the Property; (iii)
sell or lease the Water Rights, or encumber them separately from the
Property or otherwise legally separate them from the Property; or(iv)have
the points of diversion, or the type or the place of use within or without the
Property changed, except after Grantor's receipt of a written determination
by Grantee that such changes are consistent with the Permitted Uses or ,,
will not materially impair the Conservation Values of the Property.
Except as permitted by Section 5.g.i(3) above, Grantor shall not, without
the prior written approval from Grantee, which approval shall not be
unreasonably withheld, construct,or permit others to construct, any new
diversion, storage, or other water structures upon the Property; develop
any conditional water rights for use on the Property; or otherwise
undertake any new development of water resources for use on the
Property.
iii. Change of Conditions. Grantor expressly waives any claim to use,
Change or transfer all or any part of the Water Rights other than as
provided in this Easement,regardless of any future change in
circumstances, change in values, or other reasons,based on any theory of
reasonable accommodation or other theory that would release any or all of
the Water Rights from the provisions of this Easement without Grantee's
express written consent,which can be granted,withheld, or conditioned by
it in its sole discretion.
iv. Protection of Water Rights. In order to preserve and protect the
Conservation Values of the Property,Grantor shall not abandon or allow
abandonment of any of the Water Rights,by action or inaction.
Grantor shall annually report to Grantee the nature and extent of use of the
Water Rights during the prior year, which report need not be in writing,
but shall include copies of any reports submitted to the State or Division '.
Engineer or Water Commissioner by Grantor. Grantor shall provide
Grantee a copy of any written notice received by Grantor from any state
12
water official concerning the use, or possible abandonment,of the Water
Rights.
If the Water Rights appear on the decennial abandonment list as provided
by C.R.S. § 37-92-401 or any successor statute or Grantee determines that
the Water Rights are otherwise subject to a threat of abandonment,
Grantee shall give Grantor written notice of such threat of abandonment
and shall meet with Grantor to discuss the matter. If, and only if, Grantor
fails to cure the threat of abandonment within 90 days of receiving such
notice from Grantee, Grantee shall, in addition to any other remedies
available to Grantee under this Easement or law, have the right to (1) enter
the Property and undertake any and all actions reasonably necessary to
continue the historical use of the Water Rights, if desired by Grantee; and
(2) seek removal of the Water Rights from the decennial abandonment list.
If the Water Rights remain subject to abandonment, Grantee may, after
consultation with Grantor, seek to Change the Water Rights to another
Permitted Water Use. Grantor agrees to cooperate in any manner
necessary to accomplish such changes, and authorizes and appoints
Grantee as its agent and attorney-in-fact to file for and obtain any
administrative or judicial approvals required to effectuate such changes.
v. Recording Encumbrance on Stock Certificates. If the Water Rights
• include any shares in ditch or reservoir companies, Grantor shall promptly
submit the related stock certificate(s)to the appropriate ditch or reservoir
company for inclusion of the following notation thereon: "These shares
are subject to the terms and restrictions set forth in the Deed of
Conservation Easement from to recorded in the Real
Property Records of County, Colorado on
20_at Reception No. ."A copy of the reissued
stock certificate(s)shall be promptly provided by Grantor to Grantee.
h. Public Access. Nothing contained herein shall be construed as affording the
public access to any portion of the Property. Notwithstanding the foregoing,the
Parties acknowledge that the public traveling along Colorado River Road might
park cars on the Property along the roadway and travel on foot to the Colorado
River. Grantor and Grantee agree to work together to manage this potential use of
the Property by permitting minimal disturbance in this area along Colorado River
Road,including the establishment through use of Trails to the Colorado River and
the disturbance of vegetation along the roadway and the edge of the River.
13
Special Events. Grantor also reserves the right to conduct, or to permit others to
conduct,weddings,picnics, fishing tournaments, and other similar low-impact
special events on a limited basis,provided that: (a) such special events shall be
limited to no more than twelve(12) events in any calendar year; and (b) Grantor
conducts such special events in a manner that minimizes damage to the
Conservation Values and promptly and diligently re-vegetates any disturbed areas
with native seed and vegetation until re-vegetation is established and sustainable.
j. Irrigation Ditches. The Parties acknowledge that there may be irrigation ditches
or pipelines on a portion of the Property(the"Irrigation Ditches").
Notwithstanding anything in this Deed to the contrary, the Parties acknowledge
that third parties or the United States,may have rights to access, construct,
maintain,repair and replace the Irrigation Ditches in accordance with Third-Party
Rights, and to the extent permitted by federal or state law, such Third-Party
Rights may include the right to access, construct, maintain,repair and replace
roads and fences associated with the Irrigation Ditches, and to use motor vehicles
for such purposes. Grantor agrees that any agreement Grantor enters into with
third parties or the United States regarding the Third-Party Rights that permits
disturbance of the Property, shall also require restoration of the Property to a
condition as close to its original condition as reasonably practicable.
6. Restricted Practices.
a. Subdivision. Grantor and Grantee agree that the division,subdivision or de facto
subdivision of the entire Property, whether by legal or physical process,into two
or more parcels of land or partial or separate interests(including,but not limited,
to, condominium interests or the partition of undivided interests) is prohibited. At
all times Grantor shall own and convey the Property as a single parcel which shall
be subject to the terms and conditions of this Easement. Grantor may own the
Property by joint tenancy or tenancy in common;provided, however, that Grantor
shall not undertake any legal proceeding to partition,subdivide or divide in any
manner such undivided interests in the Property.
Notwithstanding the foregoing and subject to the requirements of Section 10
regarding transfer, and only with the prior written approval of Grantee,which
Grantee may withhold in its sole discretion, Grantor may sell a portion of the
Property to Eagle County(the"Permitted Subdivision Parcel") and retain
ownership of the remainder of the Property(the"Remainder Parcel"). No other
division shall be permitted. At the time of any such permitted subdivision, the
deed conveying the Permitted Subdivision Parcel or the Remainder Parcel, as
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applicable, shall allocate the Water Rights and any other reserved rights not yet
exercised by Grantor between the Permitted Subdivision Parcel and the
Remainder Parcel. If no allocation is made between the two parcels,the Water
Rights or other applicable reserved rights shall be deemed conclusively to be
conveyed to, or reserved to, as applicable,the owner of the Remainder Parcel, and
the owner of the Permitted Subdivision Parcel shall thereafter have no claim
whatsoever to the Water Rights or other applicable reserved rights. As part of any
subdivision permitted by this Section 6.a,Grantor shall ensure that any
subsequent owners and Grantee have legal access to both the Permitted
Subdivision Parcel and the Remainder Parcel, and Grantor shall convey any
necessary access easement to document such legal access,which easement shall
be recorded in the Eagle County Clerk and Recorder's Office.
If a permitted division of the Property has occurred: (i)the term"Grantor"in this
Deed shall refer thereafter to the then current owners of the portion of the
Property each separate owner owns and their respective heirs,personal
representatives, executors, successors, and assigns; (ii) each separate owner of
such a portion of the Property shall not be considered Grantor for the other
portion of the Property; provided, however, that any violation of the terms of this
Deed by the then Grantor which existed at the time of the transfer may, at the
discretion of Grantee,be enforced against any or all of the Property owners
responsible for the violation including the transferring Grantor and the owners
after the transfer; (iii) each owner of a portion of the Property shall be regarded as
a third party as to the Easement on the other portion of the Property; (iv) if
amendment of this Deed is made pursuant to Section 23.f, only Grantee and the
owner of the portion of the Property subject to the amendment shall be required to
consent to and execute documents evidencing such amendment; (v) each Grantor
shall allow Grantee all required or convenient access for monitoring pursuant to
Section 2.b across Grantor's portion of the Property for the purposes of
monitoring that portion or any other portion of the Property. This Deed shall,
both before and after any such permitted division of ownership,be construed as
creating one easement encumbering the entire Property.
b. Surface Disturbance. Except as otherwise permitted for the exercise of Grantor's
rights in Sections 4.a and 4.b, Grantor shall not alter the surface of the land,
including without limitation, depositing, moving, excavating or removing soil,
sand, gravel, rock,peat or sod,unless approved by Grantee pursuant to Sections
16 (Grantor's Notice)and 17 (Grantee's Approval).
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c. Commercial or Industrial Activity. Grantor shall not conduct industrial uses of
the Property. Grantor may conduct those commercial uses permitted by this Deed
without Grantee's approval; provided.that the scope, duration and intensity of
such uses are consistent with the Purpose.Otherwise, commercial uses shall only
be permitted with Grantee's approval pursuant to Sections 16 (Grantor's Notice)
and 17 (Grantee's Approval).
d. Feed Lot. Grantor shall not establish or maintain a feed lot on the Property. For
purposes of this Easement, "feed lot"means a permanently constructed confined
area or facility which is used and maintained continuously and exclusively for
purposes of warm-up or fattening large numbers of livestock for market.
e. Trash. Grantor may not dump or accumulate any kind of trash, sludge, or refuse
on the Property, except for trash contained within wildlife resistant trash
containers.
f. Hazardous Materials. Grantor may use agri-chemicals on the Property in
accordance with all applicable federal, state or local laws. Otherwise,the
treatment,permanent storage, disposal or release of hazardous materials on, from
or under the Property is prohibited. For the purpose of this Easement,hazardous
materials shall mean any hazardous or toxic material or waste that is subject to
any federal, state, or local law or regulation. Notwithstanding anything in this
Deed to the contrary, this prohibition does not impose any liability on Grantee or
County for hazardous materials, nor does it make Grantee or County an owner of
the Property, nor does it permit or require Grantee or County to control any use of
the Property that may result in the treatment, storage, disposal or release of
hazardous materials within the meaning of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended("CERCLA")
g. Easements,Rights of Way or Other Interests. Except as otherwise permitted Iin
this Deed,the conveyance or modification of an easement,right of way, or othetl
similar interest is prohibited without Grantee's approval pursuant to Sections 16''
(Grantor Notice) and 17 (Grantee's Approval).
h. Other Restricted Uses. Grantor shall not construct or establish golf courses, sod
farms, helicopter pads, and airstrips.
Telecommunications Facilities. Grantor shall not erect, construct,install,
relocate,or use a communication facility, telecommunication facility,network
element, telecommunication equipment, or any other equipment or material that
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may be used for telecommunications or to provide telecommunication services (as
such terms are defined in The Federal Telecommunications Act of 1996),without
Grantee's approval pursuant to Sections 16 (Grantor Notice) and 17(Grantee's
Approval).
j. Wildfire. In the event of a wildfire, any and all methods of extinguishing the fire
are permissible. Also, in the event of a wildfire, the Property is available for
staging of fire activities and camping for firefighters depending on the severity of
an event.
7. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein,
this Easement is not intended to impose any legal or other responsibility on Grantee, or in
any way to affect any existing rights or obligations of Grantor as owner of the Property.
Additionally,unless otherwise specified below, nothing in this Easement shall require
Grantor to take any action to restore the condition of the Property after any Act of God or
other event over which Grantor had no control including acts by those with Third-Party
Rights,in accordance with those Third-Party Rights, provided, however,that Grantee
shall have the right to bring an action at law or in equity for trespass or any other
appropriate cause of action against any third party who violates the terms of this
Easement. Grantor reserves the right to take prudent actions during natural disasters,
including to prevent a sudden movement of the Colorado River, to prevent or mitigate
significant injury to the Property. Grantor shall notify Grantee of any such actions as
soon as practicable and shall, to the extent reasonably practicable under the
circumstances as they exist during such natural disaster, act in a manner that minimizes
impact to the Conservation Values. Grantor shall continue to be solely responsible and
Grantee shall have no obligation for the upkeep and maintenance of the Property and
Grantor understands that nothing in this Easement relieves Grantor of any obligation or
restriction on the use of the Property imposed by law. Among other things, this shall
apply to:
a. Taxes. Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property. If Grantee is ever required to pay any
taxes or assessments on its interest in the Property, Grantor will reimburse
Grantee for the same. If for any reason Grantor fails to pay any taxes,
• assessments or similar requisite charges, Grantee may pay such taxes, assessments
or similar requisite charges, and may bring an action against Grantor to recover all
such taxes, assessments and similar charges plus interest thereon at the rate
charged delinquent Property taxes by the county treasurer's office in which the
Property is located.
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b. Liability. Grantor shall indemnify,defend, and hold Grantee and its members,
officers, directors, employees, agents, and contractors(collectively, the
"Indemnified Parties")harmless from and against any and all loss, damage, co$t,
or expense, including reasonable attorneys'fees, arising from or in any way
related to: (i)injury to or the death of any person, or damage to property,
occurring on or about or related to the Property,unless due solely to the act or
omission of the Indemnified Parties;(ii) the obligations under this Easement; (iii)•
the presence or release of hazardous materials on,under, or about the Property;
(iv) the existence of any underground storage tanks on the Property; or(v)the
violation or alleged violation of, or other failure to comply with any state, federal,
or local law,regulation, or requirement, including,without limitation, CERCLA
and state hazardous waste statutes,by any person other than any of the
Indemnified Parties, in any way affecting, involving, or relating to the Property.'
Grantee shall indemnify, defend and hold Grantor and its assigns, successors anti
heirs harmless from and against any and all loss, cost or expense, including
reasonable attorney's fees, arising from or in any way related to injury to or death
of any person occurring on or about or related to the Property arising out of the
Indemnified Parties' actions on the Property. Nothing herein shall create liability
for County as a result of its contribution to this Easement.
8. Enforcement.
a. General Provisions. Grantee shall have the right to prevent and correct or
require correction of violations of the terms of this Easement. If Grantee
determines that immediate entry is required to inspect for,prevent,terminate, or
mitigate a violation of the terms of this Easement, Grantee may enter the Property
without advance notice. If such entry occurs, Grantee shall notify Grantor within
a reasonable time thereafter. If Grantee determines that a violation has occurred,
Grantee shall notify Grantor and County, of the nature of the alleged violation it
writing. Upon receipt of said notice, Grantor shall immediately cease the alleged
violation and within thirty(30) days either(i) if necessary,provide a written plafr
for restoration and remediation of the Property and,once approved by Grantee
and County, restore or remediate the Property in accordance with the plan; or(ii)
provide written documentation demonstrating that the activity is permitted and is
not a violation. Grantee's acceptance of Grantor's actions under(i)or(ii)above
shall be in Grantee's sole discretion, and shall be confirmed by Grantee in
writing. If Grantor is unable or unwilling to immediately cease the alleged
violation, and comply with(i)or(ii) above, the Parties agree to resolve the
dispute through mediation as set in forth in Section 301 or judicial process. At
any point in time, Grantee may take appropriate legal action, including seeking an
injunction, to stop the alleged violation. County shall have no obligation to
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enforce the terms of this Easement or to participate in any mediation pursuant to
Section 30.
b. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of
this Easement against Grantor, including,without limitation, costs and expenses
of suit, and attorneys'fees necessitated by Grantor's violation of the terms of this
Easement,shall be borne by Grantor. If the deciding body detennines that
Grantor is the prevailing party on all claims in any court action to enforce the
terms of this Easement,the Parties shall each be responsible for their own costs
and attorney fees. Any costs of restoration necessitated by Grantor's violation of
the terms of this Easement, shall be borne by Grantor.
c. Grantee's Discretion. Grantee's remedies described in this Section 8.c shall be
cumulative and shall be in addition to all remedies now or hereafter existing at
law or in equity, including the right to recover any damages for loss of
Conservation Values as described in C.R.S. § 38-30.5-108. The failure of
Grantee to discover a violation or to take action shall not waive any of Grantee's
rights, claims or interests in pursuing any such action at a later date.
9. Transfer of Easement
a. Grantee shall have the right to transfer this Deed to any public agency or private
non-profit organization that, at the time of transfer: (i) is a "qualified
organization"under I.R.C. § 170(h); (ii)is authorized to hold conservation
easements under C.R.S. §§38-30.5-101, et seq. and C.R:S. §12-61-720, (iii)
expressly agrees in writing to abide by the terms of this Easement and to assume
the responsibility imposed on Grantee by this Easement; and (iv) is approved in
writing by Grantor and County, such approval not to be unreasonably withheld,
conditioned or delayed. Grantee shall provide Grantor and County with a written
request to assign this Deed at least forty-five(45) days prior to the date proposed
for the assignment transaction.
b. If Grantee ever ceases to exist or no longer qualifies under federal and state law to
hold conservation easement interests, or if Grantee desires to transfer this Deed to
a qualified organization having similar purposes as Grantee,but Grantor has
refused to approve the transfer, a court with jurisdiction shall transfer this Deed to
another qualified organization having similar purposes and that agrees to abide by
the terms of this Easement and to assume the responsibility imposed on Grantee
by this Easement,provided that Grantor shall have adequate notice of and an
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opportunity to participate in the court proceeding leading to the court's decision
on the matter.
c. Upon compliance with the applicable portions of this Section 9, the parties shall
record an instrument completing the assignment in the Eagle County Clerk and
Recorder's Office. Assignment of this Deed shall not be construed as affecting',
this Easement's perpetual duration and shall not affect this Easement's priority
against any intervening liens,mortgages,easements, or other encumbrances.
10. Transfer of Property. Any time the Property or a portion thereof is transferred by
Grantor to any third party, Grantor shall pay a transfer fee of 0.5% of the current fair
market value of the Property to Grantee to be used for purposes consistent with Grantee's
mission. Grantor agrees to incorporate the terms of this Easement by reference in any
deed or other legal instrument by which it divests itself of any interest in all or a portion
of the Property, including,without limitation, a leasehold interest. Grantor shall notify
Grantee and County in writing within five(5)business days prior to the transfer of the
Property,using the form in Exhibit D attached hereto and made a part hereof. Within
five(5)business days after the transfer of the Property, Grantor shall provide Grantee
with a copy of the new ownership deed. Grantee reserves the right to record a notice of
transfer fee in the official real property records of Eagle County, Colorado. This
provision is intended to run with the land for perpetuity, and to touch and concern the
Property burdened by this easement by providing Grantee a contribution toward its
stewardship, enforcement and defense of this Easement. If a fee is attributable to a
transfer of property classified as "residential real property," as defined in C.R.S. § 38-35-
127(2)(e), then the Grantee covenants and agrees that the fee shall be used for the
purposes specified in C.R.S. § 38-35-127(2)(b)(V)in a manner consistent with the
Grantee's mission.
11. Condemnation. Grantor shall notify Grantee and County immediately of any
communication or notice received concerning any proposed taking or condemnation
affecting the Property, and Grantee and County shall have the right,but not the
obligation, to participate in any proceedings. Grantee and County may pursue any
remedies in law or in equity, including opposition to the condemnation of the Property.
If the Property or any part thereof or interest therein is sold or conveyed to a condemning
authority under threat of condemnation or taken through condemnation or other
involuntary conversion, Grantee and County shall be entitled to compensation determined
as provided in Section 13.
12. Termination or Extinguishment of Easement. Except as provided in Section 11
(Condemnation),this Easement or any part hereof may only be terminated or
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extinguished by judicial proceedings in a court of competent jurisdiction. The only
ground upon which this Easement can be terminated or extinguished is the total loss of all
Conservation Values. If termination or extinguishment occurs, Grantee and County shall
be entitled to compensation determined as provided in Section 13.
13. Compensation upon Condemnation, Termination, or Extinguishment.
a. The Parties acknowledge that an appraisal of the Property has been completed that
indicates that the fair market value of the Easement is Twenty-Nine and Six
Tenths percent(29.6%) of the full fair market value of the Property unrestricted
by this Easement ("Proportionate Value Percentage"),which percentage shall
remain constant and shall be applied pursuant to Treas. Reg. § 1.170A-
14(g)(6)(ii).
b. If the Property is condemned, in whole or in part, as discussed in Section 11,or if
this Easement is terminated or extinguished pursuant to Section 12 (Termination
or Extinguishment of Easement), Grantee shall be entitled to a share of the
proceeds of such action at least equal to the Proportionate Value Percentage of the
full fair market value of the Property unrestricted by this Easement pursuant to
Treas. Reg. § 1.170A-14(g)(6)(ii), excluding the value of any improvements
("Grantee's Proceeds"). Upon Grantee's receipt of Grantee's Proceeds,Grantee
shall remit to County, an amount equal to SEVENTY percent(70%) of Grantee's
Proceeds. Grantor shall not voluntarily accept proceeds equal to less than full fair
market value of the affected Property unrestricted by this Easement without the
approval of Grantee and County.
c. Grantee's use of its share of such proceeds shall comply with Treas. Reg. §
1.170A-14(g)(6).
d. Grantee's remedies described in this Section shall be cumulative and shall be in
addition to any and all remedies now or hereafter existing at law or in equity,
including the right to recover any damages for loss of Conservation Values as
described in C.R.S. § 38-30.5-108.
14. Perpetual Duration. This Easement shall be a servitude running with the land in
perpetuity. The provisions of this Easement that apply to Grantor or Grantee shall also
apply to their respective agents,heirs, executors, administrators, assigns, and all other
successors as their interests may appear; provided, however,that each party's rights and
obligations under this Easement shall tenninate(as to such party,but not as to such
party's successor,who shall be bound as provided herein)upon a transfer of the party's
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entire interest in this Easement or the Property, except that liability of such transferring
party for acts or omissions occurring prior to such transfer shall survive the transfer.
15. Change of Circumstance. Grantor has considered that acts or uses restricted or
prohibited by this Deed may become more economically valuable than the permitted uses
and acts. It is the intent of both Grantor and Grantee that such circumstances shall not
justify the termination or extinguishment of this Easement pursuant to Section 12. In
addition,the inability to carry on any or all of the permitted uses, or the unprofitability of
doing so, shall not impair the validity of this Easement or be considered grounds for its
termination or extinguishment pursuant to Section 12.
16. Grantor's Notice. Where Grantor's notice is required in this Deed, Grantor shall notify
Grantee and County in writing not less than thirty(30) calendar days prior to the date
Grantor intends to undertake the activity in question. The written notice shall describe
the proposed activity in sufficient detail(i.e. location, size, scope, design, nature)to allow
Grantee to evaluate the consistency of the proposed activity with the pertinent terms of
this Easement.
17. Grantee's Approval. Where Grantee's approval is required in this Deed, Grantee shall
grant or withhold its approval in writing within thirty(30) calendar days of receipt of
Grantor's written notice thereof. Grantee's decision may be withheld if Grantee is unable
to immediately evaluate the proposed action. If Grantee does not respond to Grantor's
written request within thirty(30) calendar days of receipt,the request shall be deemed
denied,provided however, that if after expiration of the 30-day period, Grantor submits',a
second written request, and Grantee does not respond within thirty(30) calendar days of
receipt of Grantor's second request, Grantor's request shall be deemed approved. Any
response provided by Grantor in accordance with this Section 17 shall be in writing and
shall either approve or deny Grantor's request,including a written explanation of
approval or denial. Grantor shall not engage in the proposed act or use until Grantor
receives Grantee's approval in writing(or unless Grantee fails to respond within thirty
(30)calendar days after receipt of Grantor's second request). As part of its
determination, Grantee shall consider the proposed manner in which the proposed activity
will be conducted,whether it complies with the terms of this Easement, and the likely
impact on the Conservation Values. Grantee's approval may be withheld if Grantee
reasonably determines that there is any risk that the activity as proposed is not consistent
with the Purpose. Grantor shall pay any and all costs associated with the evaluation of the
proposed use or activity, including,but not limited to, staff time, legal fees, and resource
specialist fees.
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