HomeMy WebLinkAbout1.08 Division of wildlife conservation & access easements.pdfAttachment "H"
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STATE OF COLORADO acting by and through the Department of Natural Resources for the use and benefit of the Division of Wildlife and the Wildlife Commission CONSERVATION EASEMENT IN GROSS
Granted By: THE TOWN OF CARBONDALE TABLE OF CONTENTS l. PARTIES ........................................ ...... ..................... ..................... ............. ..............
......... ...... ....... ........ .... .................. .......... I 2. EFFECTIVE DATE ................ .................... ... .... ..................................... ..................
......... .... .............. .... ... ........... ··· ........... ... ) 3. RECITALS ............ ............ .... ... .. .......... ..................... ............. .... ..........
................. .... ....... .. ................. ..... ....... ..................... ... ! 4. DEFINITIONS ......... ..... ................. ...... ........................ ..............
..... ............. ..... .............. ... .............. .... ....... .... ........ ............. ... 2 5. TERM and TERMINATION ... ................. ... .... .......... ..........
........ .... ...... ... ....................... ... .................. ..... ... ... ........................ 3 6. GRANT OF CONSERVATION EASEMENT IN GROSS ........ .......................
.... ................... .... .... .................. .................... 3 7. GRANTOR'S REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS ...... ...................... ..................
.. .................. 6 8. CONDEMNATION OR OTHER EXTINGUISHMENT-THE STATE'S INTEREST.. .................. ........ .............................. 7 9. VIOLATIONS-REMEDIES ......................
........................ ... .............. .... ...................... ............... ... ................... ... ................... 8 10. NOTICES and REPRESENTATIVES ..............
... ....................... ... ... ... ....... ........................ ...... ....... .... .... .... ................. ........ 9 II . LIMITATION OF LIABILITY ......... ...................
..... ............. ........ ....... ............. ............. ........... .. ..... .... ........................ ........ 9 12. GOVERNMENTAL IMMUNITY ..................... .......
......... ................... .......... ....... ....... ......... ....... ......... ....... ... .......... .... .... ... 9 13. GENERALPROVISJONS .............................. ......
.... ... .... ... ........ .... .......... ......... ......... ............ ... ........ .... .................. ..... ...... IO 14. SIGNATURES ................... ...... ....... ......
..................... ...... ... ...... ...... ... ........... ... ............ .. ......... .... ... ......... ... ........... ...... ........ l2 15. EXHIBIT PLD (Property Legal Description)
.................... ... ....................... ... ................... ....... ....... ..... ................. ................. i 16. EXHIBIT S (Survery) ...... .... ......... ......
.... ... ............... ...... .................. ........... ... ........... ......... .................. .... ......................... ... .. i 1. PARTIF.S This deed of conservation
easement in gross ("CE") is granted by the Town of Carbonda le ("Grantor"), whose address is 5 11 Colorado Avenue, Carbondale, Colorado 81623, to the State of Colorado acting by and
through the Department of Natural Resources, for the use and benefit of the Division of Wildlife and the Wildlife Commission (the " State" or "DOW or Grantee"), located at 6060 Broadway,
Denver, Colorado. Grantor and the State hereby agree to the provis ions set forth in this CE. 2. EFFECTIVE DATE This CE shall be effecti ve or enforceable on the Closing Date as defined
in §4, on which date Grantor a nd the State shall be bound by the provis ions set forth in this CE (the Effective Date). The State shall not be liable to pay or reimburse Grantor for
any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provis ion hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation,
and Approval Authority to enter into this CE exists pursuant to CRS §38-30.5-102; sufficient funds have been budgeted, appropriated and paid; and a ll prior reviews and approvals have
been obtained. The State is a governmental entity qualified to hold this easement under CRS §38-3 0.5-1 0 I et seq., which provides for conservation easements to retain or maintain land,
water, airspace, or water rights, predominantly in a natural, scen ic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest,
or other ~----------------------------------------------~.(
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CO DOW-Carbonda le Conservation Easement usc or condition consistent with the protection of open land, environmental quality or life-sustaining ecological diversity. B. Consideration
The Parties agree that the mutua\ promises and covenants contained herein and other good and valuable consideration paid in related transactions are sufficient and adequate to supp01t
the granting of this CE. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit IlLD (Property Legal Description) and ExhibitS
(Survey). Exhibits are identified by relevant acronyms based on their title rather than being assigned random letters or numbers. D. Purpose This CE supports the legislative policies,
purposes, and uses enumerated in CRS §33-1-1 0 I and §3 8-30.5-l 02 as the Property possesses some or all of the values, opportunities, and characteristics listed therein which are important
to Grantor, the State, the res idents of the surrounding area, and the people of the State of Colorado. In particular, the Properly provides: i. Recreation and Education Public access
for fishing and river access to the Roaring Fork River through the separate Access Easement, public camping f.1c ilitics, and other active and passive outdoor recreation and education
opportunities. ii. Connectivity Connectivity with land adjacent to Grantor's upon which the State holds conservation and public access easements, and with existing and proposed pedestrian
and bicycle trails and bridges in the immediate vicinity of the Property which are or shall be open to the general public. E. Grantor Intent Grantor intends to grant, transfer, and convey
to the State the right to preserve and protect the Conservation Values of the Property in perpetuity and therefore to prohibit any uses that would diminish or impair the Conservation
Values or that otherwise would be inconsistent with the purposes of this CE. F. Uefcrenccs All references in this CE to sections (whether spelled out or using the§ symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other attachments conta ined in this AE or incorporated as a part of this AE, unless otherwise noted.
4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Access Easement "Access Easement" means the easement executed contemporaneously with
this CE whereby Grantor grants the State perpetual non-exclusive access to the Property without time restrictions. B. CE "CE" means this Conservation Easement, its terms and conditions,
attached exhibits, documents incorporated by reference under the terms of this CE, and any futu re modifying agreements, exhibits, attachments or references incorporated herein pursuant
to Colorado State law, State Fiscal Rules, and State Controller Policies. C. CE Funds "CE Funds" means funds the State paid to Grantor pursuant to purchase this CE. D. Closing and Closing
Date "Closing Date" means the date the sale and purchase contract by and between Grantor and the State related to the Property is closed and on which all related documents, which include
this CE and the Access Easement, are contemporaneously executed, and "Closing Date" is the date on which the Closing occurs. E. Conservation Values "Conservation Values" means those
values, opportunities, and characteristics referred to in §3(D). li'. CRS "CRS" means the Colorado Revised Statutes as amended. Page 2 of 13
DOW-Carbonda le Conservation Easement G. GOCO "GOCO" means the Great Outdoors Colorado Trust Fund. H. Lower Bench "Lower Bench" meants that part of the Pro petty lying to the south of
the northern edge of the current access road parallel to the Roaring Fork River which leads to the boat launch that is depicted on Exhibit S. I. Party ot· Parties "Party" means the State
or Grantor and "Pat1ies" means both the State and Grantor. J. Property "The Property" means the real property located in Garfield County, Colorado legally described in Exhibit PLD and
depicted on Exhibit S. K. Upper Denclt "Upper Bench" means that part of the Property lying to the north of the northern edge of the current access road parallel to the Roaring fork River
which leads to the boat launch that is dcpicitcd on Exhibit S. 5. TERM and TERMINATION A. Perpetual Term-Recording The Pat1ics' respective duties and obligations and the burdens on the
Property under this CE shall commence on the Effective Date and shall continue in perpetuity. This CE shall be recorded in a timely fashion in the official records of the county in which
the Property is situated, and the State may re-record it and any amendments hereto at any time as may be required to preserve its rights in th is CE. D. Tennination for Change of Circumstances
Prohibited Changes in the potential economic value of any use that is prohibited by or inconsistent with this AE, or changes in any current or future uses of neighboring properties,
shall not conslilutc a change in condi tions that makes it impossible or impmctical for continued use of the access grante hereunder, and shall not constitute grounds for terminating
this AE. 6. GRANT OF CONSERVATION EASEMENT IN GROSS By this CE Grantor hereby grants, conveys, and transfers to the State a perpetual conservation easement in gross over the Propet1y
that runs with the land, the nature, character, and extent of which is set fot1h in this CE. Exhibit S shall be used to as a reference to regarding the general state of the Property
as of the Effective Date. A. Prohibitions and nestl'ictions Any uses or activ ities on the Property that would materially diminish or impair the Conservation Values or otherwise would
be inconsistent with the purposes of this CE, etnd any that are not permitted under §6(B), are prohibited or restricted absent prior written approval by the State. Without limiting the
generality of the foregoi ng, the following uses and activities on the Propct1y are prohibited and restricted: i. Buildings, Structures, and Improvements Residential or commercial buildings.
ii. Commercial or Industrial Activity Commercial and industrial activities. iii. Development nights All present and future development rights to subdivide the Property or to transfer
development rights from the Property to any other property are prohibited. provided that Grantor shall retain the right to annex the Property into the municipal boundaries ofthc Town
or Carbondale and to extend municipal water etnd sewer service to present or future drinking fountet ins, bathroom faciltics, benches, fi sh cleaning statations and other similar facilities
anywhere on the Property, and to extend such services to the Upper Bench for additional uses including campsites, RV hook-ups and other similar facilities attendant to a public recreational
park and campground. iv. Mining and Mineral Development Subject to valid rights of third par1ics existing as of the Effective Date, all mining and mineral development, including, but
not limited to, extraction of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance is prohibited. Grantor irrevocably assigns and grants to the he State the
same legal rights as Grantor to influence and control impacts to the surface of the Property from mineral Page 3 of 13
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COUNTY CO DOW-Carbondale Conservation Easement development. Such rights shall include, but not be limited to, the unilateral right to take whatever legal action the State deems necessary
in order to respond to proposals to develop oil, gas, and other minerals from beneath the Property, including bringing judicial or administrative actions. Neither Grantor nor the State
shall unil aterally enter into an agreement with a third party regarding any oil, gas, and mineral development of the Property and both Grantor and the State shall be required part icipants
to any such agreement. Grantor shall give written notice to the State in accordance with §10 any time Grantor is contacted, either formally or in formally, by a third party regarding
possible mineral development on or under the Property. Said notice shall be given to the State as soon as practical, but not later than 1 0 days atler the occurrence of the contact,
and shall describe all material aspects of the contact, including, but not limited to, the identify of the third party and the nature of the contact. The fa ilure of Grantor to provide
such notice shall not impair the validity of any other provison of this §6(A)(iv) or this CE. v. Storage Use of the Property lor storage is prohibited except tor storage of materials
reasonably necessary to facilitate uses allowed under §6(B). vi. Signage and Billboards With the exception of directional and informational signs, including sign age concerning the name
of the park and campground, other commercial signs, billboards, awnings, or advcr1iscmcnts arc prohibited. Grantor shall erect and maintain one or more signs visible to the public, identifying
DOW's, GOCO's, Grantor's and Garfield County's grants and investments in the Property. vii. Sports Facilities Indoor sports facilities and recreation centers anywhere on the Property,
while limited outdoor facilities are permitted on the Upper Bench only. viii. Title Title to the Property shall not be furth er divided by legal, equ itable, or physical process. ix.
Trash Dumping or uncontained accumulation of any kind of trash, refuse, or hazardous materials on the Property, is prohibited. x. Vehicles Off-road vehicle courses for snowmobiles, all-terrain
vehicles, motorcycles, other motorized vehicles, and human-powered vehicles, including, but not limited to bicycles, are prohibited (excepting bicycle and pedestrian trails to establish
connectivity with neighboring properties and trails). xi. Water Activities Except as specifica lly allowed herein pursuant to §6(C), any activi ties currently existing or developed in
the future, specifically including installation ofkayaking courses, that afl'ect water flows in the river in a manner that materially interfere with fi sh habitat or fi shin g are prohibited.
In addition to <my other affirmative or negative rights the State has under this CE, it shall have all of those rights decreed for the benefit of the State by the District Court in and
for Case No. 06WC077, Water Div. No.5, State of Colorado, Appl ication oft he Town of Carbondale, concerning Grantor's potential future establishment of a recreational boating park.
This provision shall not be construed to prohibit recreational boaters or t1oaters from entering or exiting the river on the Property. · B. Permitted Uses and Activities Grantor, at
its sole expense, may engage in or allow the following uses of and activities on the Property, including uses and activities reasonably ancillary and incidental thereto, provided that
they are consistent with the purpose of this CE, do not substantially diminish or impair the Conservation Values of the Property. A public boatiaunch and associated parking shall continue
to be operated and mainta ined on the Lower Bench of the Property for the benefit of the State. Grantor shall obtain the State's prior written consent to engage in uses and activities
not permitted and/or not reasonably ancillary and incidental thereto. Grantor's permitted uses and activities include the following: i. Accessory Structures To build, renovate, remodel
and use accessory structures located on the Upper Bench, including a laundry bu ilding, playground, picnic tables, shade structures, informational kiosks, restroorns, regulatory Page
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CO DOW-Carbondale Conservation Easement and interpretive signage, storage sheds, and other structures reasonably appropriate for recreational, park and campground uses permitted under
this §6(B). ii. Camping, Park, and Recreational Facilities Area To create, operate, remodel, repair, and renovate, facilities on the Upper Bench for use by the general public for camping,
outdoor recreation, and public park purposes, and to charge reasonable fees for the use of such facilities. Grantor's operation of such facilities may be subcontracted to a third party
acceptable to the State. iii. Existing Residence To use, remodel, repair and renovate, but not expand without the State's permission, the residence located on the Upper Bench ex isting
on the Effective Date as shown on Exhibit S for use as an office for the operation of the Property and rn aintenace thereof and/or for a caretaker residence. iv. Fees Grn ntor may charge
tees for commcrcial or public access to the boat ramp and usc of parking areas not located on the Upper Bench; provided however, thai fisherman engaged in lishing who possess a current
fishing license issued by DOW shall be cxpempt from such fees; and further provided that such fees shall not exceed $2.00 per person, which maximum charge shall automfl tically incrcnse
on Jnnuary I, 2020 and every ten (10) years thercnngcr in accordance with the change in the Denvcr-Uouldcr area consumer price index within the corresponding period. Grantor may charge
whatever fees it deems npproprintc to the general public, including licensed fisherman, for access to and use of the Upper 13ench and facilities located thereon. Provided that Grantor
provides reasonably accurate use data, DOW will pay to Carbondale annually by July 31 of each year, a shnre of costs Grantor incurs in maintaining access to the Lower Bench, including
the boat ramp and fac ilities permitted in the the boat ramp area. DOW's share of such costs shall be half of Grantor's maintenance costs after deduction from such costs of any per-user
fees collected by Grantor for use of the Lower Bench, as specified above. DOW shall not be liable for more than $6,000 per year without prior written approval of the Area 8 Wildlife
Manager. Carbondale may request review of the yearly cap after July 31 of each year beginning on July 31 , 2014. v. Geneml Public Usc Use of the Upper Bench by the general public on
such terms and conditions as Gnmtor deems appropriate lor open space, environmental education and non-commercial, non-vehicular (motorized or human-powered) outdoor recreational activities,
including walking, biking, rollerblading, horseback riding, picnicking, relax ing, photography, wildli fe and scenery viewing, and similar activities, but specifically excluding indoor
sports facilities and recreation centers. vi. Parking Lots To construct, repair, maintain, nnd use parking lots as reasonably necessary to nlcilitate access to the Property for the uses
allowed by this §6. vii. Trnils To construct, repair, maintain, and usc tra ils, !railheads, and associated benches and signage; provided however, that any trails that would hinder access
to the boat ramp, parking for anglers, or usc of the boat ramp require prior consultation with and approval of the State. viii. Procedure When State's Permission is Hequired. u) Notice.
Prior to undertaki ng any uses as to which permission is required by the State as set f01ih in this §6, Grantor shall first notity the State in writing in accordance with §10 not less
than 30 days prior to the date Grantor intends to undertake such activity. The request shall describe in detail the nature, scope, design, location, timetable, and other material aspects
of the proposed use or activity such that the State can make an informed judgment regarding its propriety under this Easement. Grantor shall provide such additional information reasonab
ly necessary for the State to makes an informed judgement if requested by the State. b) AJlproval. The State shall notify Grantor of its decision in writing within 60 days after receipt
of notice. If such decision denies the request in whole or in part, it shall set fotih reasons for such denial. Pngc 5 of 13
DOW-Carbondale Conservation Easement C. Priority and Contingent Future Uses i. Pr iority Usc for Fishing. The historic primary usc of the current parking urea, boat launch area, and
river frontage located on the Property was for river access by fishermen (although other recreational boaters have also consistently used the existing boat launch). Boating access for
fishermt:n shall have priority over all other uses and activit ies on the portion of the Property along the riverbank, including the placement of any objects in the river that would
negatively impact fish habitat, fish movement, access to the river for anglers, the quality of fishing, and boating safety. Should Grantor ever undertake to develop recreational boating
features in the river, Grantor shall implement measures to protect access to the river for fishing activities, which measures may includt:, but shall not be not limited to, limitations
on non-fishing use hours, enforcement of rules and regulations concern ing keeping parking available to those who usc the boat launch for fishing access, expand ing the size of the parking
lot on the Property as necessary to keep space available for fi shermen (fishermen shall have at least 20 spaces that can accomodatc a vehicle and boat trailer available at all times),
restrictions against non-anglers park ing in certain pa rking areas on the Property, and/or provision of park ing off-site from the Property for kayakers and other non-fishing related
uses and activities. Grantor shall actively enforce such measures th rough advertising, informational activities, and police or facility superv isor enforcement. ii . Contingent F uture
Usc-Instrcam Structur·cs and Modifications Grantor shall request the State's written approval before placing any objects or structures in the river (other than boat launches) on the
Property or upon neighboring properties controlled by the State. The State may withhold such permission if the proposed placement of objects or structures in the river on the Property
or upon neighboring properties controlled by the State would materially impact: (a) the health of the river for fi sh habitat; (b) fi sh movement; (c) access to the river for anglers;
(d) the overall quality of fishing (provided that the State acknowledges and accepts that physical structures may obstruct fi shing activities to some extent); and (c) boat safety. This
prior approval includes, but is not limited to, Grantor's proposed installation of kayak course features in the Roaring Fork River upon the Property or upon any other adjacent properties
controlled by the State. The State's approval hereunder shall be based on the criteria listed in this §6(C)(ii) and the process and timelinc for such approval shall be as set forth in
§6(B)(viii); provided however, that Grantor's notice shall be sent at least 90 days in advance and the StAte shall have 120 days to respond. If, despite the best plans and intentions
of the Parties, any such approved objects, structures, or modifications are found to materially impact the health of tire river for fish habitat, fish movement, access to the river for
anglers, quality of fishing, the Part ies agree to jointly implement remedial measures to alleviate or eliminate such impacts. Such measures and responsibility for implementation and
cost of the same shall be agreed to by the Parties as part of the prior approval to be grn ntcd by the State pursuant to this §6(C)(ii). D. Access Enscmcnt Access to the Proper1y by
the general public nnd the State shall be permitted in accorance with the provisions of the Access Easement entered into contemporaneously herewith. E. Moni to rin g and Enforcement
In order to pcrservc and protect the Conservation Values of the Proper1y, to accomplish and further the purposes and intent set forth in §3(D and E), the State shall have the right to
to enter upon the Property at any tirne in order to monitor Grnntor's compliance with and enforce the terms of this Easement. 7. GRANTOR'S REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS
Grantor makes the following specific representations and warranties, each of which \Vns relied on by the State in purchasing this CE. A. Ownershl(l of the Property Grantor is the sole
owner in fee simple of the Property as of the Effective Date. Except for casements, rights of way, restrictions and reservations of record, if any, Grantor warrants that Grantor has
good and sufficient title to the Property and hereby promises to defend the same against all claims whatsoever. Pnge 6 of 13
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DOW-Carbondale Couscrvaliou Easement B. Legal Authority -Gra ntor Signatory Grantor possesses the legal authority to enter into this CE and has taken all actions required by its procedures,
by-laws, and/or applicable laws to exercise that authority, to lawfully authorize its undersigned signat01y to execute th is CE, and to bind Grantor to its terms. If requested by the
Stale, Grantor shall provide the State with proof of Grantor's authority to enter into this CE within 15 days of receiving such request. C. Licenses, Permits, Etc. As of the Effective
Date Grantor has and at all times during the term hereof shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, perm its, and other authorizations
required by law to perform its obi igations hereunder, including, but not limited to, those related to in-stream diversions. Grantor warrants that it shall maintain all necessary licenses,
certifications, approyals, insurance, permits, and other authorizations required to properly perform this CE, without reimbursement by the State. Additionally, all employees, agents,
and Subcontractors of Grantor performing Serv ices under this CE shall hold all requi red licenses or certifications, if any, to perform their responsibilities. Any revocation, withdrawal
or non-renewal of I iccnscs, certifications, approval s, insurance, permits or any such similar requirements necessary for Grantor to properly perform the terms of this CE shall constitute
a violation of this CE. D. Litigation Reporting Within lO days aner being served with any pleading in a legal action fil ed with a court or administrative agency, related to this CE
or which may affect Grantor's ability to perform its obligations hereunder, Gra ntor shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Di rector of DOW. E. Preservation,
Restoration, and Maintenance--Costs As stated in §3(E), Grantor intends that the Conservation Values of the Property be preserved and protected in perpetuity, and shall not permit any
uses or activities that would diminish or impair the Conservation Values or that otherwise would be inconsistent with the purposes of this CE. Grantor shallmaintaiu the Property in good
condition and in a manner consistent with the Conservation Values. Grantor shall bear nil costs and liabilities of any kind related to the ownership, restoration, operation, upkeep,
and maintenance of the Property, including weed control and eradication and including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep
the Property free of any liens arising ou t of any work performed for, materials furni shed to, or obligations incurred by Grantor. 8. CONDEMNATION OR OTHER EXTINGUISHMF.NT-THE STATE'S
INTEREST A. Rcnl Property Interest This CE constitutes a real property interest immediately vested in the State. If this CE be taken for the public usc or otherwise terminated according
to §8(D), the State shall be entitled to compensation for its interest, which shall be determined by a qualified appraisal that establishes the ratio of the value of the CE interest
to the value of the fcc simple interest in the Property as of the date of the taking or termination (the "Easement Value Ratio"). The Easement Value Ratio shall be used to determine
the State's compensation according to §8(D). B. Condemnation or Other Extinguishment rf this CE is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances
arise in the future that render its purpose impossible to accomplish, this CE can only be terminated or extinguished, in whole or in part, by a court of competent jurisdiction. Each
Party shall promptly notify the other Party in writing when it fi rst learns of such circumstances. The State shall be entitled to full compensation for its interest in any portion of
this CE term ina ted as a resu It of condemnation or other proceedings. The State's compensation shall be an amount at least equal to the Enscment Value Ratio, multiplied by the value
of the unencumbered fee simple interest in the portion of the Property no longer encumbered by this C.E as a res ult of condemnation or termination. C. Refund To Goco GOCO granted $1,000,000
in Grantor's acquisition of fee title to the Property from Koziel to ensure the Prope1ty's perpetual use for the Purpose described in §3(D). GOCO's investment represents 39.7% of the
Page 7 of 13
DOW-Carbondale Conservation Easement purchase price of said fee ti tle interest. Therefore, Grantor agrees that GOCO shall have the following rights under this CE. i. Sale or Termination
Any voluntmy sale, conveyance, transfer, or other disposal of all or any portion of Grantor's interest in the Property, excluding any lease of the Property to a third party in the ordinary
course of using the Property for permitted purposes ("Sale"), shall constitute a material change to the Grant that shall require prior written Board approval and may require a refund
to the Board of an amount to compensate the Board for usc of the Board's Grant, plus administrative costs (the "Board Refund"). The amount of the Board Refund shall be based upon a percentage
of Grantor's net proceeds from the Sale (which shall be defined as the fair market value of the property being sold in the Sale, minus di rect transact ion costs) ("Net Proceeds"). The
Additional 13oard Refund shall be determined by multiplying the Net Proceeds by 39.7% and adding interest figured from the Grant payment date at the Prime Rate listed by the Federal
Reserve Dank of Kansas City, Missouri that is most cmrent on the effective date of the Sale. The Donrd may, in its sole discretion, waive the requirement for payment of interest or reduce
the amount of interest due at the time of the Sale. The Hoard Refund shall be paid to the lloard in cash or certified funds on or before the effective date of the Sa le. If a Sale occurs
to a third pmty which is eligible to receive open space funding from the 13onrd, and the Board has provided wri tten confirmation of the third party's eligibility, Grantor shall not
be required to pay the Board Refund, un less the lloard determines in its sole discretion that one or more aspects of the Grant have changed that reduce the Grant project's scope from
that of the original Grant as approved by the Board. For example, if the Property continues to be used for the Purpose described in §3(D), and the Sale will not substantially alter that
usc, tlJC Board will deem that a material change in the Grant project's scope has not occurred, and Grantor shall not be requi red to pay the Board Refund, unless another aspect of the
Grant project has changed that reduces the Grant project's scope from that of the original Grant as approved by the Board. ii . Condemnation Jfthe Property is taken, in whole or in part,
by exercise of the power of eminent domain and the Purposes under §3(D) can no longer be accomplished, the Ooanl shall be ent itled to a refund in an amount nt least equal to 39.7% multiplied
by the value of the unencumbered fee simple interest in the pori ion of the Property so taken. 9. VIOLATIONS-REMEDIES A. Defined In addition to any specified in other sections of this
CE, the f.1i lure of Grantor to perform any of its material obligations hereu nder, in whole or in pari or in a timely or satisfactory manner, shall constitute a violation of this CE.
B. Notice The State shall send Grantor in the manner provided in §10 a notice detailing alleged violations of this CE. Upon receipt thereof, Grantor shall immediately send the State
in the manner provided in §10 a response agreeing with the State or denying the alleged violation in whole or part and cease and desist from any use or activity that could increase or
expand the alleged violntion until it is finally resolved by agreement of the Parties or by decree of a court of competent jurisdiction. C. Remedies i. Agrccmcn t If Grantor agrees with
or does not dispute the State's assertion regarding the alleged violntion, Grantor shall, at its sole cost, restore the Property to its condition prior to the violation or to take such
other action as may be reasonable or necessary to eliminate the violation and prevent is fur1hcr occurrence and shall provide the State with details of its remedial plan together with
a reasonably prompt time for completion thereof. The State may enforce such remedial plan via proceedings at la\v or in equity if Grantor fails to perform it in accordance with its terms.
ii. Dispute-Meeting If Grantor disagrees with and disputes the State's assertion regarding the alleged violation in whole or part, Grantor shnll provide the State with a written explanation
stating the reasons why the State's Pnge 8 of 13 (
Ill/A)l't~. ~l~~.~J!t\Ml~ rttr.~~. l~'i lWIL ~J,I~~~~,,~,,~ I IIII R ~ ce pti o n« : 796264 · 12/27/2010 0 1 . 49 : IS P\1 Jean Al berico 9 of 15 Rec Fa e : $81 . 00 Doc Fee · O.OO GARFIELD
COUNTY CO DOW-Carbondale Conscrvntion Eosement allegations are erroneous or stating why the use or activity should be permitted. Thereafter, representatives of the Parties with settlement
authority shall meet as soon as possible, but not later than 60 days after the State's receipt of Grantor's response, to resolve issues. If the Parties rea~.:h agreement, they shall
create a remedial plan together with a reasonably prompt time for completion thereof. The State may enforce such remedial plan via proceedings at law or in equity if Grantor fails to
perform it in accordance with its terms. iii. LcgaJI>rocccdings The State may, in its sole discretion, exercise any or all remedies available at law or in equity, including those available
at common law, concurrently or consecutively, to enforce its rights hereunder if any meeting pursuant to §9(C)(iii) fails to resolve any issues and to otherwise enforce it rights hereunder,
including enforcing remed ial plans created under §9(C)(I and ii). Courts are specifically authorized to issue both mandatory and negative injunctions, including one requiring restoration
of the Property to its condition before a violation occurred. iv. Irreparable IIann If in the State's opinion, an ongoing or imminent violation could irreparably diminish or impair the
Conservation Values of the Property, the State may, at its discretion, take appropriate legal action without resorting first to a meeting of the Pnttics. v. Costs Grantor shall be solely
responsible for the costs of remedying any violations of th is CE caused by Grantor or its agents. D. J>ublic Safety. Notwithstanding anything to the contrary herein, the State need
not provide advance notice or a cure period and may immediately take action if it is necessary to preserve public safety or to prevent an immediate publi<.: crisis. 10. NOTICES nnd n
EPRESENTATIVES Each ind ividual identified below is the principal representative oflhc designat ing Party. All notices required to be given hereunder shall be hand delivered with receipt
required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice
also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such
notices shall be sent. Unless otherwise provided herein, nil notices shall be etleetive upon receipt. A. State: Colorado Division of Wildlife Real Estate Unit 6060 Broadway ·-Denver,
CO 80216 B. Grnntor: The Town of Carbondale a Colorado home rule municipality 511 Colorado Ave. Carbondale, CO 81623 11. LIMITATION OF LIABILITY Liability for claims for injuries to
persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions
of CRS §24-1 0-10 I et seq. (the CGJ/\) and CRS §24-30-150 I, el seq. (risk management). Li<1 bility for claims for injuries to persons or property arising from the negligence of the
Town of Carbondale, its boards, officials, and employees is likewise controlled nnd limited by the provisions of CRS §24-1 0-10 I et seq. (the CGTA). 12. GOVERNMENTAL IMMUNITY No term
or condition of this CE shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, oflhe Colorndo
Governrnentnllmmunity Act, CRS Page 9 of 13
1111 ~~~. t~~JitM~tW~t!aH~Nih lft~ttl~l~'''~~l ~~~A I IIII Re.cept ionll: 796264 1212712010 01 : 49 : 15 ~'11 JeanFAlbOrO1~ oGARFI ELO COUNTY CO 10 or 15 Rec Fee · $81 .00 Doc ee. ·
DOW-Curbondale Conservati on Easement §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ J346(b) and 2671 et seq., as applicable now or hereafter amended. 13. GENERAL I,ROVISIONS
A. Assignment and Subcontracts Grantor may enter into subcontracts to perfonn its obligations hereunder. Copies of any and all subcontracts shall be submitted to the State or its principal
representative upon request by the State. Any and all subcontracts entered into by Grantor related to its performance hereunder shall comply with all applicable federal and state laws
and shall provide that such subcontracts be governed by the laws of the State of Colorado. Grantor shall be solely responsible for all of its obligations under this CE, and shall be
solely responsible for the actions of any subcontractors. n. Binding Effect-Perpetual Application Except as otherwise provided in §13(A), all provisions herein contained, including the
benelits and burdens, sha ll extend to and be binding upon the Patties' respective heirs, legal representatives, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property C. Captions The captions and headings in this CE are for convenience of reference only and shall not be used to interpret, define, or limit its provisions.
D. Construction of this CE This CE shall be liberally construed to futhcr the purposes and intent set f01th in §3(D and E). In the event of an ambiguity in this CE the rule of contract
construction that ambiguities shall be construed against the drafter shall not apply and the Parties hereto shall be treated as equals and no Party shall be treated with favor or disfavor.
E. Countequwts This CE may be executed in multiple identical original counterparts constituting one agreement. F. l~ ntirc Understanding This CE represents the complete integration of
all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes
hereto sha ll not have any force or effect whatsoever, unless embodied herein. G. Environmental Liability. Nothing in this CE sha ll be construed as giving rise to any right or ability
of the State to exercise physical or managerial con trol over Grantor's 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 nnd Liability Act of 1980, as amended. H . . Joint nnd Scveml Ohligntions If more thnn one owner owns the Property
at any time, the obligations imposed by this CE shall be joint and several upon each of the owners. I. Jurisdiction and Venue All suits or actions related to this CE shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in Garfield County, Colorado. J. Modification i. By the Pa11ics Except as specifically provided in this CE, modifications
hereof shall not be effective unless agreed to the Parties in a written amendment hereto, properly executed and approved in accordance with applicable Colomdo State law, State Fiscal
Rules, and Office of the State Controller Policies. Modifications specifically permitted in this CE shall be made in accordance with the State Controller's Policy entitled MODiriCATION
OF CONTRACTS-TOOLS AND FORMS. ii. By Operation of Law This CE is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations.
Any such required modification shall be automatically incorporated as part of this CE on the effective date of such change, as if fully set totth here in. Page 10 of 13 (
DOW-Carbondale Conscrvntion Easement K. Order of Precedence The provisions of this CE shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between
this CE and its exhibits and attachments, including, but not limited to, those provided by Grantor, such conflicts or inconsistencies shall be resolved by reference to the document~
in the fo llowing order of priority: i. The provisions of the main body of this CE, ii. Exhibits. L. Severability Provided this CE can be executed and performance of the obligations
of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the
validity of any other provision hereof, provided that the Parties can continue to pcrfonn their obligations under this CE in accordance with its intent. M. Subsequent Transfers Gran
tor sha ll i11corporatc the terms and conditions of this CE in any deed or other legal instnuncnt by which it divests itself of any interest in all or n pot1ion of the Prope11y. Grantor
shall provide written notice to the State ofthc transfer of any interest at least 45 days prior to the date of such transfer. N. Taxes The State is exempt from nil federal excise taxes
under TRC Chapter 32 (No. 84-730 123K) and from all State and local government sa les and use taxes under CRS §§39-26-1 0 I et seq. and 20 I et seq. Such exemptions apply when mnterinls
nrc purchased or serv ices are rendered to benefit the State; provided however, thnt certain political subdivisions (e.g., City and County ofDenver) may require payment of sales or use
taxes even though the product or serv ice is provided to the State. i\llhough Grantor is similarly exempted from most applicable excise, sales and use taxes, Grantor shall be solely
liable for paying any such taxes to the extent applicable, as the State is prohibited from paying or reimbursing Grantor for such taxes. 0 . T hird Party llcncficinrics Except as provided
to GOCO in §8(C), enforcement of this CE and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result
of this CE are incidental to the CE, and do not create any rights for such third parties. P. Waiver Waiver of any breach or event of default under a term, prov ision, or rc{tuirement
of this CE, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision
or requirement, or of any other term, provision, or requirement. Grantor hereby waives any defense of laches, estoppel, or prescription, including any defenses available under CRS §38-tl
1-11 9. The fa ilure of Grantor to perform any act required by this paragraph shall not impair the va lidity of th is Easement or limit its enforcea bility in any way. THE REMAINDER
OF THIS PAGE INTENTIONALLY LEFT BLANK Pagc ll ofl 3
Ill/W.1. t~~Jht1'-'lt,r.ftlfrt~. ~~~·rrJ~l~~·:rN~ ~~~1 11111 Rueeplion": 796264 12/27/2010 01 : 49 : 15 PM Jean Alberico 12 ol 15 Reo Fee ·$91 .00 Ooo Fee :0.00 GRRFIELD COUIHY CO DOW-Carbondale
Conservation Easement 14. SIGNATURES lN WITNESS WHEREOF, Grantor has executed this Deed of Conservation Easement In Gross as of the date first set forth above. GRANTOR: The Town of Carbondale,
a Colorado home rule municipal corporntion By~~ Stacey rnot, Mayor Attest: By ~~:y ~crbyQ!~ STATE OF COLORADO ) )ss. COUNTY OF_ GARFIELD ) J The foregoing instrument was acknowledged
before me the Q? J day of J]ec.~eGo I 0, by Stacey Bemot as Mayor and Cathy Derby as Town Clerk of The Town of Carbondale., a Colorado home ru le municipal corporal ion. ~~~ J/\NICE
L JOHNSON NOTARY PUBLIC STAfE OF COLORADO My Commission Expiros 04/15/2012 THE REMAINDER OF TillS PAGE INTENTIONALLY LEFT BLANK Page 12 of 13 ! .
DOW-Carbondale Conservation Easement ADO, BILL RliTER, GOVERNOR By:_-=:--::::-::'l~~,.'-~~~~~~~'L.J-------:S~rp-. ' ;n t<. q;, t!-Tittc: f/-y; 1 >TI/AJ r p 1 ~e-c T7>R.. Division of
Wildlife for Executive Director of the Department of Natural Resources and on behalf of the Colorado Wildlife Commission THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of
13
1111 ~\1•• !r,~JII~W·IfW'~t~~,, .l~~·t+~·.l~'·:r-at~.,~~~~~ I I Ill ReeeplionU: 79626 4 12 /27 /20 10 01 ·49 1S PM Jean Al ber ico 14 o f IS Rec Fee : $81 .00 Ooc Fee :O.OO GARF IELO
COUNlY CO DOW-Carbondale Conservation Easement 15. EXHIBIT PLD (Property Legal Description) LEGAL_ DESCRIPTION ALL THAT PORTIO~ OF THE FOLLOW!~ DESCRIBED PROPERTY LYING ~ORTHERLY OF
THE ROARING FORK RIVER . WESTERLY OF HIGHWAY 133 . SOUTHERLY OF HIGHWAY 82 AND EASTERLY OF THE RIGHT .OF WAY OF THE DENVER AND RIO GRANDE RAILROAD. A PARCEL OF LAND SITUATED IN LOTS
9 AND 21 . NI/2SEI/4 OF SECIION 28 . TOWNSHIP 7 SOUTH . RANGE 88 WEST OF THE SIXTH PRINCIPAL ~ER I DIAN . BEING ~ORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP FOUND IN PLACE
AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF SAID SECTION 28: THENCE S. 73 DEGREES 41 ' 29' W. 2471. 63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF STATE HI
GHWAY 82 WITH THE NORTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD. THE POINT OF BEGINNING : THENCE S. 64 DEGREES 17 ' 24 ' E. ALONG SAID SOUTHERN RIGHT OF WAY 294 .04
FEET: THENCE S. 65 DEGREES 41 ' 54' E. 424 .00 FEET ALONG SAID SOUTHERN RIGHT OF WAY: THENCE S. 75 DEGREES 52 ' 54' E. 121.10 FEET ALONG SAID SOUTHERN RIGHT OF WAY : THENCE ALONG SAID
SOUTHERN RI GHT OF WAYS. 85 DEGREES 13'42 ' E. 232 .96 FEET : THENCE ALONG SAID SOUTHERN RIGHT OF WAYS . 85 DEGREES 13'54' E. 81 .90 FEET : THENCE ALONG SAID SOUTHERN RIGHT OF WAYS .
66 DEGREES 45 ' 54' E. 85.00 FEET: THENCE ALONG SAID SOUTHERN RIGHT OF WAYS . 81 DEGREES 44 ' 54 . E. 131.60 FEET : THENCE ALONG SAID SOUTHERN RIGHT OF WAYS . 28 DEGREES 19 ' 11. E.
39 .60 FEET TO THE WESTERN RIGHT OF WAY OF HIGHWAY 133 : THENCE ALONG SAID WESTERN RIGHT OF WAY $. 00 DEGREES 10 '24' E. 153 . 10 FEET: THENCE ALONG SAID WESTERN RIGHT OF WAY S. 01 DEGREES
10'24. E. 90 .60 FEET TO THE COMMON SOUTH LINE OF SAID LOT 9 AND NI/2SEI/4 SAID SECTION 28 : THENCE LEAVING SAID WESTERN RIGHT OF WAY ALONG SAID SOUTH LINE N. 89 DEGREES 09 ' 40' W.
951.74 FEET TO THE NORTHERN 'RIGHT OF WAY OF SAID RAILROAD : THENCE ALONG SAID NORTHERLY RIGHT OF WAY N. 22 DEGREES 44'24' W. 350.35 FEET TO THE EAST LINE OF THE TOWNSITE OF COOPERTON:
THENCE LEAVING SAID NORTHER~ RIOHT OF WAY ALONG SAID EAST LINE N. 00 DEGREES 36 '00' E. 31.27 FEET TO THE NORTH LINE OF SAID TOWNSITE OF COOPERTON : THENCE ALONG SAID NORTH LINE N. 69
DEGREES 22 '00' W. 13 .52 FEET TO THE NORTHERN RIOHT OF WAY OF SAID RAILROAD: THENCE LEAVING SAID NORTH COOPERTON LINE ALONG SAID NORTHER~ RIGHT OF WAY N. 22 DEGREES 44 ' 24' Yf • •
14 .6e FEET : THENCE ALONG SAID NORTHERN RIGHT OF WAY ALONG A CURVE TO THE LEFT . ~AVING A RADIUS OF 673.69 FEET AND DELTA ANGLE OF 26 DEG~ 56 '00' ICHORD BEARING N. 36 DEGREES 12'24"
W. 313 .78 FEETI . A DISTANCE OF 316.69 FEET; THENCE ALONG SAID NORTHER~ RIGHT OF WAY ALONG A CURVE TO THE LEFT . HAVING A RADIUS OF 1532 .69 FEET AND A DELTA ANGLE OF I DEGREE 27 '
56" (CHORD BEARING N. 50 DEGREES 24'52" W. 39.20 FEET) . A DISTANCE Of 39.20 FEET TO THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY 62 AND THE POINT OF BEGINNING . · EXCEPT THAT PORTION CONVEYED
TO CARBONDALE SANITATION DISTRICT DESCRIBED IN DEED RECORDED IN BOOK 745 AT PAGE 691 AS RECEPTION NO . 397546. COUNTY OF GARFIELD STATE OF COLORADO Pngc i of i
r-. ~J,~~~!~J1~~{!~fl.~~~!~~~:r.h'l+l~~'~"llllll 15 of 15 Rec Fee ·$81 00 Doc Fee :O.OO GARFIELD COUNTY CO 16. EXHIBIT S (Survey) ...-r--__.-..<-<'--Hfi ii; .. ... ....... I ff~ I If
,., I p p e~ b"' I I I j . . ~ ::; I "" .. i .•," . I n I " I 0.. . I "' i I ~ .. "' ~ I I Q i I " I I ( I ::::j : : I I ~ I; ~ ~•~r ~fl! I ~ ! i ;s!3' ~~I I 'I>/..... , ~ ~~ l I . .
I ~ ~I· (J, ~~=~i 1--'>, i .., ~ ~ ~ .,. ·~ ~ i ~ . :.. ' l>i I ~~ i ~ I I) I ~ I .. :~I I ;JI ;. ··I I ~ I ~~ c I i ~3 i I I ,! STAT& HJOHIVA Y Page i ofi //~ ~ t;: ~ ~ :);: "' ~ DOW-Carbondale
Conservation Easement .:1. ·~! ,; :I ~ ; '
1111 ~\\•• ~1~,PV,',~, W~, ff'1ti~U fr~~tf'ltfl'lrfVI'.~'~ IIIII R e ception!~: 79G2G3 1 2 ~f7 \~0 ~~c0 ¢ ~!9 $~~ -~~ O~~aFe~~~eo6°gARF I ELO COUNTY CO STATE OF COLORADO acting by and
through the Department of Natural Resour ces for the use and benefit of the Division of Wildlife and the Wildlife Commission ACCESS EASEMENT Granted By: THE TOWN OF CARBONDALE TABLE
OF CONTENTS I. PARTIES ................... ................. ...... ................ ................ .......... ............ ................ .... ......... ...... ...... ..... ........
....... .... ...... .......... I 2. EFFECTIVE DATE .......................... ............................................. ........ ................ .... .......... .................................
.. ................ I 3. RECITALS .............................................................................................. ................... .............................. ...................
............ ! 4. DEFINITIONS ........... .... .... ......... .... ....... ......... ..... .............................. ............ ........ ..... ... ..... ......................
... ........ .... ... ............ 2 5. TERM nnd TERMINATION ............. ..... ...... ............................... ........................... ..................... .......... ...
......... ...................... 2 6. GRANT OF ACCESS EASEMENT .... ... .......... ...................... .............................................................................................
... 3 7. GRANTOR'S REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS ................................ ....... ............ ....... ........ 3 8. CONDEMNATION OR OTHER EXTINGUISHMENT .......
............ .... ........... ......... ..... ..... ....... ........ ........ .................... ..... .. 4 9. VIOLATIONS-REMEDIES ........ ............ .......... ......................
......... ......... ............... .................... ..... ........................ ... .... ....... 5 10. NOTICES and REPRESENTATIVES ........ ...................................................
............................ .............. ............ ........ ......... 5 ll . LIMITATION OF LIABILLTY .. ..... ................. ... ................ ... ............ ..... ...............
......... ........... ..... ..... .... .... .................... ..... 6 12. GENERALPROVISIONS ...................... ..... .............. ..................................... .......
............... ....... ............. ... ........... ......... ..... 6 13. SIGNATURES ............... ............. ............. ....................................................................
......................................................... & 14. EXI II I31T PLD (Property Legal Description) .......................... ..... ................... .. ............................
................. ........................ i 15. EXHII31T RM (RFTA Map) ... ................... ............ ....... ........ ... ........ ........... .. ...... .......... .... ......
................ ........ ........................ i 16. EXIIIIJIT S (Survey) ....... .... ... ....... ............ ............. ....... ........................ ........ ............
......... .................................................... i 1. PARTIES This deed of an access easement ("AE") is granted by the Town of Carbondale ("Grantor"), whose address is
5 11 Colorado Avenue, Carbondale, Colorado 8 1623, to the State of Colorado acting by nnd through the Department of Natural Resources, for the usc and benefit of the Division of Wildlife
and the Wildlife Commission (the "State" or "DOW or Grantee"), located at 6060 Broadway, Denver, Colorndo. Grantor and the State hereby agree to the provisions set fot1h in this /\E.
2. IWFECTIVE DATE This AE shall be effective and enforceable upon the Clos ing as defined in §4, afier which Grantor and the State shnll be bound by the provisions set forth in this
AE (the Effective Date). The Stale shall not be liable to pay or reimburse Grantor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound
by nny provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, and App1·oval Authority to enter into this AE exists pursuant to CRS §33-1-101 ; sufficient
funds have been budgeted, appropriated und pnid; and all prior reviews nnd approvals have been obtained. B. Consideration The Part ies agree that the mutual promises and covenants contained
herein and other good and valuable consideration paid in related transactions nre sufficient and adequate to support the granting of this AE.
) I III ~~~~·.~. ~1~~PV,\M~ rw.llfl~lrP'.IJ lr1J,I¥1'.1"r~~ ~~~~~ I IIII Reception": 796263 . 12/'27/2010 01·49·15 PM Jean Albenco 2 of 12 Rec F~e : $66 . 00 Doc Fee :O.OO GARFIELD COUNTY
CO DOW-Carbondale Access Easement C. Exhibits nnd other Attachments The following are attached hereto and incorporated by reference herein: Exhibit PLD (Property Legal Description),
Exhibit RM (RFT 1\. Map), and ExhibitS (Survey). D. Purpose This AE provides access that ass ists DOW in performing the directives of CRS §33-1-1 01 and benefits the people of the State
of Colorado. In particular, the Property provides access as follows: for fishing on the Roaring Fork River. E. Grantor Intent Grantor intends to grant, transfer, and convey to The State
the right to access across the Property as set f01th below in this AE in perpetuity and therefore to regulate or prohibit any uses that would diminish or impair such access or that otherwise
would be inconsistent with the purposes of this AE. F. References All refcrem:es in this AE to sections (whethur :;pelled out or using the§ symbol), subsections, exhibits or other attachments,
are referen ces to suctions, subsections, exhibits or other attachments contained in this AE or incorporated as a patt of this AE, unless otherwise noted. 4. DEFINITIONS The following
terms as used herein shall be construed and interpreted as follo\vs: A.AE "AE" means this Access Easement, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this AE, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, State foiscal Rules, and State
Controller Policies. B. AE Funds "AE Funds" means funds the State paid to Grantor pursuant to purchase this AE. C. Closing and Closing Date "Closing" means the date the sale and purchase
contract by and between Grantor and the State related to the Property is closed and on which all related documents, which include this AE and the Conservation Easement, arc contemporaneously
executed, and "Closing Date" is the date on which the Closing occurs. D. Conservation Easement "Conse1vation Easement" means the easement executed contemporaneously with this AE whereby
Grantor grants the State affirmative and negative rights burdening the Property in perpetuity. E.CRS "CRS" meuns the Colorado Revised Statutes ns nmendcd. F. GOCO "GOCO" means the State
Board of the Great Outdoors Colorado Trust Fund. G. Party or Pat·tics "Pa1ty" means the State or Grantor and " Patties" means both the State and Grantor. H. I>roperty "Property" means
the real property located in Garfield County, Colorado described in Exhibit PLD attached hereto and genernlly depicted on Exhibit S. 5. TERM nnd TERMINATION A. Perpetual Term-Recording
The Parties' respective duties and obligations and the burdens on the Property under this AE shall commence on the Effective Date and shall continue in perpetuity. This AE shall be promptly
recorded in the official records of each county in which the Property is s ituate following Closing, and the Stf!te may re-record it and any amendments hereto at any time as may be required
to preserve its rights in this AE. B. Termination for Change of Circumstances Prohibited Changes in the potential economic value of any use that is prohibited by or inconsistent with
this AE, or changes in any current or future uses of neighboring properties, shall not constitute a change in conditions Page 2 or9 I ( .
l UI ~\',•• U~tVuY,'.M'I.II'I~ ~~~r~t'll 1lfl1.1~·1.1fN'II'Ir ~"A I IIII · Reception" : 796263 121271~010 01 :49 :16 PM Joan Alboer001coG~RF lELO COUNTY CO 3 of 12 Rec Fee :$66.00 Doc
Fee : . H DOW-Carbondale Access Easement that makes it impossible or impractical for continued use of the access grante hereunder, and shall not constit ute grounds for terminating this
AE. 6. GRANT OF ACCESS EASEMENT By this AE Grantor hereby grants, conveys, and transfers to the State a perpetual non-exclusive access easement, without time restrictions, over the Property
that runs with the land. The State may usc this AE for general State purposes, And specifically for the purposes set f01th in the Conservat ion Easement; provided that Gmntor shall retain
the right to use the Property for all permitted uses and activities allowed in the Conservation Easement and to the extent not inconsistent with the StALe's rights hereunder. 7. GRANTOR'S
REJ>RESENTATIONS, WARRANTIES, AND OBLIGATIONS Grantor makes the fo llowing spec ific representations And warmntics, each of which was relied on by the State in purchasing th is AE. A.
Ownership of the Property Gran tor is tlw ·ole owner in Icc simple or the Propc11y as of the Eflective Date of this AE. Except li:>r easements, rights of way, restrict ions and reservat
ions of record, if any, Grantor warrants that Grc111tor has good and sufficient title to the Property and hereby promises to defend the same against all claims whatsoever. D. Access
to the Property i. Baclcground The current and best access route to the Property encroaches on a railroad right of way (sec Exhibit RM for location) formally owned by The Denver and
Rio Grande Western Railroad Company (Rai lroad), a Delaware corporntion and currently owned by the Ron ring Fork Transit Authority (RFT A). Grantor's predecessor in interest to the Property
(Koziel) obtained a license (the Koziel License) doted November I 0, 1992 to cross the ra ilroad tracks from the Railroad, which was recorded in the records of the Garfield County Clerk
and Recorder on April 2, 1998 as Reception No. 522909. On June 30, 1997, the Railroad trAnsferred the Koziel License to the Roaring Fork Railroad I lolding Authori ty, which wns nbsorbcd
by RFTA in the year 2000. The Koziel License was amended by Koziel and RFTA via an amendment effective the_ day of July, 2008 and recorded in the records of the Garfield County Clerk
and Recorder on September I 0, 2009 as Reception No. 773059. The Koziel License is currently in effect and docs not have a specific termination date; however, it is revocable. ii. Perpetual
ROW I laving a viable access route to the Property is critical for the purposes for which the State ente red into this AE nnd the contemporaneously executed Conservation Easement with
Grantor. Grantor has exercised its best efforts to convert the Koziel License into a perpetual right of way (ROW) casement. RFTA has recently agreed to issue a new right-of-way license
(Carbondale License) to Grantor which license shall contain both a 36 month notification provision in the event oftcrrninntion and a clause such thnt rcvolcation can only occur aflcr
a unnanimous vote of all ofRFTA's membership, including the Town of Carbondale. The Carbondale License shall be recorded in the records of the Garfield County Clerk and Recorder. If
Seller ever transfers its interest in the Property, it shall assign its interest in the Carbondale License or any successor thereto to the State to the full extent permitted thereunder.
iii. Altcrnntlvc Access If the Carbondale License or a perpertual ROW is not obtained, ever revoked, terminated, or otherwise extinguished and either a replacement license or a ROW is
not obtained for the current access route, Grantor shall, at its sole cost and expense, provide and cause to be constructed an alternative access route to the Proper1y of substantially
similar convenience and quality as that existing as of the Effective Dale of this AE (so thAt fi shermen retain similar Access to the boat launch And fishermen parking areas on the Property).
Grantor shall submit viable plans for such alternative access within four months after receipt of notice of revocation from RFTA and such alternat ive route shall be completed and ready
for use by the general public by the end of the 36 month notice period from RFTA. If Grantor fails to submit such plans within four months or to provide such alternative access route
within such 36-month notice period, the StAte mAy, in its sole discretion, obtAin a mandAio1y injunction from a court of competent jurisdiction compell ing Grantor to perform and/or
perform in Grantor's place. The State shAll be entitled to recover Page 3 ol'9
Ill/A\l'.~t ~1~.~~\r.tV,ll.~ /JWI1'/rtl~ ~. WJI,t'lrrtH~ ~~~j I IIII Receplion" : 796263 12/27/2a10 0 1 : ~9: 1 5 PM Jean Alberico '4 of 12 Rec Fee :$66.00 Ooc Fee ·O.OO GARFIELO COUNTY
CO DOW-Carbondale Access Easement from Grantor all costs, fees, and expenses of any kind incurred by the State in exercising its remedies, including, but not limited to, planning, design,
construction, and litigation; provided however that the State shall fully coooperate with such processes, including but not limited to providing support for the procurement of any access
permits or right-of-way acquisitions that may be required by the Colorado Department ofTransportation. C. Legal Authority-Grantor Signat01-y Grnntor possesses the legal authority to
enter into this AE and has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, to lawfully authorize its undersigned signatory to
execute this AE, and to bind Grantor to its terms. If requested by the Slate, Grantor shall provide the State with proof of Grantor's authority to enter into this AE within 15 days of
receiving such request. D. Licenses, Permits, Etc. As of the Effective Date Grantor has and at all times during the term hereof shnll hnve and maintain, at its sole expense, all licenses,
certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder. Grantor warrants that it shall lllaiutain all ucccssary
lit:cnscs, certifications, approvals, insurance, permits, and other authorizations required to properly perform its obligations under this AE, without reimbursement by the State. Additionally,
all employees, agents, and Subcontractors of Grantor performing Services under this AE shall hold all required licenses or certifications, if any, to perform their responsibilities.
Any revocation, withdrawal or non-renewal oflicenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantor to properly perform the terms
of this AE shall constitute a violation of this AE. E. Litlgution Repot·ting Within I 0 days atler being served with any pleading in a legal action 11lcd with a court or administrative
agency, related to this AE or which may affect Grantor's ability to perform its obligations hereunder, Grantor shall notify the State of such action and deliver copies of such pleadings
to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive
Director of DOW F. Preservation, Restoration, and Maintenance-Costs As stated in §3(F.), Grantor intends that the State's access to the Property as set forth herein be preserved and
protected in perpetuity, and shall not permit any uses or activities that would diminish or impair such access or that otherwise would be inconsistent with the purposes of this AE. Grantor
shall bear all costs and liabilities of any kind related to the ownership, restoration, operation, upkc~.:p, and maintcnnncc of the Property. 8. CONDEMNATION OR OTHER EXTINGUISHMENT
A. Real Property rntcrcst This AE constitutes a real property interest immediately vested in the State. If this AE is taken for the public use or otherwise terminated according to §8(B),
the State shall be entitled to compensation for its interest, which shall be determined by a qualified appraisal that establishes the ratio of the value of the AE interest to the value
of the fee simple interest in the Property as of the date of the taking or termination (the Easement Value Ratio). The Easement Value Ratio shall be used to determine the Stale's compensation
according to §8(Jl). Jl. Condemnation or Other Extinguishment If this AE is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances arise in the futu
re that render its purpose impossible to accomplish, this A E can only be tc1minatcd or extinguished, in whole or in pmt, by n court of competent jurisdiction. Each Party shall promptly
notifY the other Party in writing when it first lcnrns of such circumstances. The State shall be entitled to full compensation for its interest in any portion of this AE terminated as
a result of condemnation or other proceedings. The State's compensation shall be an amount at least equal to the Easement Value Ratio, multiplied by the value of the unencumbered fee
simple interest in the portion of the Property no longer encumbered by this AE as a result of condemnation or termination. Pnge 4 of<) (
I!H ~~···~1~.W~.rt'IJ.~~ (tCf.~li,rk~ r*l r1'1rW1t~~~l IIIII Reeeptionff: 796263 12/27/2010 01 :49 :15 PM Jean Alb erico DOW-Carbondale Access Easement 5 of 12 Rec Fee :$66 . 00 Doc
Fae : 0 .00 GARF IELD COUNTY CO 9. VIOLA TJONS-REMEDIES A. Defined In addition to any specified in other sections of this A£, the failure of Grantor to perform any of its material obligations
hereunder, including, but not limited to, not performing or causing any act that would interfere with the State's access as provided for herein, shall constitute a violation of this
AE. B. Notice The State shall send Grantor in the manner provided in §10 a notice detailing alleged violations of this AE. Upon receipt thereof, Grantor shall immediately send the State
in the manner provided in §10 a response agreeing with the State or denying the alleged violation in whole or part and cease and desist from any use or activity that could increase or
expand the alleged violation until it is finally resolved by agreement of the Parties or by decree of a co lilt of competent jurisdiction. C. Remedies i. Agreement If Grantor agrees
with or does not dispute the State's asscttion regarding the alleged violation, Grantor shall, at its sole cost, restore the Property to its condition prior to the violation or to take
such other action as may be reasonable or necessary to e liminate the violation and prevent its futther occurrence and shall provide the State with details of its remedial plan together
with a reasonably prompt time for completion thereof. The State may enforce such remedial plnn via proceedings at law or in equity if Grantor fails to perform it in accordance with its
terms. ii. Dispute-Meeting If Grantor disagrees with and disputes the Stale's assertion regarding the alleged violation in whole or part, Grantor shall provide the State with a written
explanation stat ing the reasons why the State's allegations nrc erroneous or stating why the usc or activity should be permitted. Thereafter, ) representatives of the Parties with selllement
authority shall meet as soon as possible, but not later than 60 days after the State's receipt of Grantor's response, to resolve issues. If the Parties reach agreement, they shall create
a remedial plan together with a reasonably prompt time for completion thereof. The State may enforce such remedial plan via proceedings at law or in equity if Grantor fails to perform
it in accordance with its terms. iii. Legnl Proceedings The State may, in its soled discretion, exercise any or all remedies available at law or in equity, including those available
at common law, concurrently or consecutively, to enforce its rights under this Contract if any meeting pursuant to §9(C)(ii) fai ls to resolve any issues and to otherwise enforce it
rights under this Contract, including enforcing remedial plans created under §9(C)(i and ii). Courts are specifically authorized to issue both manclat01y and negative injunctions, including
one requiring restoration of the Property to its condition before n violation occurred. iv. Costs Grantor shall be solely responsible for the costs of remedying any violat ions of this
AE caused by Grantor or its agents. D. Public Safety. Notwithstanding anything to the contrary herein, the State need not provide advance notice or a cure period and may immediately
take action if it is necessary to preserve public safety or to prevent an immediate public crisis. 10. NOTICES nnd REPRESENTATIVES Each individual identified below is the principal representative
of the designating Patty. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative
at the address set forth below. fn addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Pa1ty
may from time to time Page 5 of9
) 1111 l~··~1~ . .V~J-.IU.~U~~~llli, (t)U~N.r¥'1~rW4l ~~~~ I IIII Reception": 796263 12/27/~0 10 01 o49 o15 PM Je&n Alberico 6 of 12 Reo Fee :$66.00 Doc Fee :O.OO GARFIELD COUNTY CO
DOW-Curboudale Access Ensornent designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be
effective upon receipt. A. Sta te: Colorado Division of Wildlife Real Estate Unit 6060 Broadway Denver, CO 80216 B. Gr antor: Town of Carbondale c/o Town Manager 511 Colorado Ave. Carbonda
le, CO 81623 11. LIMITATION OF LIABILITY Liability for claims for inj uries to persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials, and employees is controlled and limited by the prov isions of CRS §24-10-101 et seq. (the CGIA) and CRS §24-30-1501 , et seq. (risk management). No term
or condi tion of this AE shall be construed or interpreted ns a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of CGTA, or
the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. Linbility for claims for injuries to persons or property nris ing from the
negligence of the Town of Carbondale, its bonrds, officials, and employees is like,vise controlled and limited by the provisions of CRS §24-1 0-10 l ct seq. (the CGIA). No term or cond
ition of this AE shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefit s, protections, or other provisions, of CGIA, or the Federal
Tort Claims Act, 28 U.S.C. §§ l346(b) and 2671 ct seq., as applicable now or hereafter amended. 12. GENERAL PROVISIONS A. Jllnding Arbitration Prohibited The State of Colorado does not
agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this AE or incorporated herein by reference shall be null and void. U. llinding Effcet-Pet·petual
ApJllica tion All provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representntives, successors,
and assigns and shall continue as a servitude running in perpetuity with the Property C. Captions The captions and headings in this AE are for convenience of reference only and shall
not be used to int erpret, define, or limit its provisions. D. Constl'ltction of this AE This AE shall be liberally construed to lirther the purposes and intent set forth in §3(D nnd
E). In the event of an ambiguily in this AE the rule of cont ract construction that ambiguities shall be construed against the drafter shall not apply and the Parties hereto shall be
treated us equals and no Party shall be treated with favor or disfavor. E. Counterparts This AE may be executed in multiple identical original counterparts constituting one agreement.
F. Entire Understanding This AE represents the complete integration of nil understandings between the Par1ies and all prior representations and understandings, oral or \Vrittcn, arc
merged herein. Prior or contemporaneous additions, dt:letious, or other chnnges hereto shall not have any force or effect whatsoever, unless embodied herein. G. Environmental Liability.
Nothing in this AE shall be construed ns giving rise to any right or ability of the State to exercise physical or managerial control over Grantor's day-to-day operations of the Property,
or otherwise to become an operator Pnge 6 of9
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CO DOW-Carbondale Access Easement with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. H.
Joint and Several Obligations If more than one owner owns the Propetty at any time, the obligations imposed by this AE shall be joint and several upon each of the owners. I. Jurisdiction
nntl Venue All suits or actions related to this CE shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the County in which the Property is situate.
J. Modification i. By the Parties Except as specifically provided in this AE, modifications hereof shall not be effective unless agreed to the Pmties in a wri tten amendment hereto,
properly executed and approved in accordance with applicable Colontdo State law, State f-iscal Rules, and Office of the State Contro ller Policies. Modificat ions speci fica lly permitted
in this J\E shall be made in accordance with the State Controller's Policy entitled MODIFICATION OF CONTRACTS -TOOLS AND FORMS. ii. Dy Operation of Law This AE is suhject to such modifications
as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification shall be automatically incorporated as part of this
AEon the effective date of such change, as if fully set forth herein. K. Order of Precedence The provisions of th is AE shall govern the relationship of the Pmties. In the event of conflicts
or inconsistencies hctween this AE and its exhibits and attachments, including, but not limited to, those provided by Grantor, such conflicts or inconsistencies shall be resolved by
reference to the documents in the fo llowing order of priority: the provisions of the main body of this AE then Exhibits. L. Severability Provided this AE can be executed and performance
of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason
shall not affect the validity of any other provision hereof, provided that the Pm1ics can continue to perform their obligations under this AE in accordance with its intent. M. Subsequent
Transtcrs Grantor shall incorporate the terms and conditions of this J\E in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property.
Grantor shall provide written notice to the State of the transfer of any interest at least 45 days prior to the date of such transfer. N. Taxes The State is exempt from all federal excise
taxes under IRC Chapter 32 (No. 84-730 123K) and from all State and local government sales and usc taxes under CRS §§39-26-1 0 l et seq. and 20 I et seq. Such exemptions apply when mntcrials
Clre purchased or services are rendered to benctit the State; provided however, that cct1ain political subdivisions (e.g., City and County of Denver) may require payment of sales or
use taxes even though the product or service is provided to the State. Although Grantor is similarly exempted from most applicable excise, sales and use taxes, Grantor shall be solely
linble for paying any such taxes to the extent applicable, as the State is prohibited from paying or reimbursing Grantor for such taxes. 0. Third Party Oeneflclnrics Enforcement of this
AE and all rights and obligations hereunder nrc reserved solely to the Patiics. Any services or benefits which third parties receive as a result of this AE are incidental to the AE,
and do not create any rights for such third parties. P. Waiver Waiver of any breach or event of default under a term, provision, or requi rement of this AE, or nny right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, prov
is ion, or requirement. Grantor hereby waives any defense of laches, estoppel, or prescription, including any defenses Pngc 7 of<J
f II II~~~·. ~l~~~i,MIJ, l~l 1/llll~\~ I~''' I,,LW\1:1~'1, ~~~ II II I Reception" : 796263 \2/27/20 10 0 1: 49 : 15 PM Jean Alberico a or 12 Reo Fee $66 00 Doc Fee :O 00 GRRF IELO COUNTY
CO DOW-Carbondale Access Easement available under CRS §38-41 -119. The failure of Grantor to perform any act required by this paragmph shall not impair the validity of this AE or limit
its enforceability in any way. 13. SIGNATURES IN WITNESS WHEREOF, Grantor has executed this Deed of Access Easement burdening the Property as of the Closing Date. GRANTOR: THE TOWN OF
CARBONDALE a Colorado home rule municipal corporation Byy <:JrA11J..A~J3~~l-----~rnot, Mayor STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) ~ The foregoing instrument was acknowledged
before me the J-3 _ day of De:~ iflo I 0, by Stacey Bernot, as Mayor, and Cathy Derby, AS Town Clerk, ofthe Town of Carbondale, Colorado, a Colorado home rule municipal corporation.
~ ........ :...;·,._........,......-..""/.. _.....J... A.... ,.N_,lCE L JOHNSON NOTARY PUBLIC STATE OF COL~I3~E.,0 l-a-o'""'""""'~~ /2012 My commisSIOn ExpireS 04/15 THE REMAINDER OF
THIS PAGE INTENTIONALLY LEFT DLANK Page 8 of9 I
) 1 111 ~(·'• ~l~~~'.'.r.,ll.rfll rVJr!~·/, flr1J t~tt~r.tHit~"' I IIII Recepli on" : 796263 12/27/2010 01 :49 : 15 PM Jeao Alberico 9 of 12 Rec Fee: $66 . 00 Doc Fee :O DO GARF IELD
COUNTY CO By: ~~--~~~~~~ ne~v~, -~~. -V-~~~~~~~~~~~~~«r--------Title:~9T/!N r l/?.6c.. DOW-Carbondale Access Easement Division of Wildlife for Executive Director of the Department of
Niltural Resources and on behil lf of the Colomdo Wildlife Commiss ion TilE REMAINDER OF TI-llS PAGE INTENTIONALLY LEFT BLANK Page 9 of9
) If//AI~'• {lfi11VIII,!U~t (~,'f''l t,J.~f,J,'t-(~'~li/H,~ I IIII R ecu p~lonU : 196263 12·/27/2010 0 1:49 : 15 PM Jean Alber leo 11l of 12 Reo Fee :$66 .00 Doc Fee :O.OO GARFIELD COUNTY
CO DOW-Carbondale Access Easement 14. EXHIBIT PLD (Property Legnl Description) LEGA4. DESCRIPTION ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING ~ORTHERLY OF THE ROARING
FORK RIVER. WESTERLY OF HIGHWAY 133. SOUTHERLY OF HIGHWAY 82 AND EASTERLY OF THE RIGHT ,QF WAY OF THE DENVER AND RIO GRANDE RAILROAD. A PARCEL OF LAN~ SITUATED IN LOTS 9 AND 21. NI/2SEI/4
OF SECI 10~ 28 . TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL ~ERIOIAN . BEING ~ORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP fOUND IN PLACE AND PROPERLY MARKED
FOR THE EAST QUARTER CORNER OF SAID SECTION 28: THENCE$ . 73 DEGREES 41 ' 29" W. 2471.63 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 82 WITH THE NORTH
RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD. THE POI~T OF BEGINNING: THENCE S. 64 DEGREES 17'24" E. ALONG SAID SOUTHERN RIGHT OF WAY 294.04 FEET: THENCE S. 65 DEGREES
41 '54" E. 424.00 FEET ALONG SAID SOUTHERN RIGHT OF WAY : THENCE S. 75 DEGREES 52'54" E. 121.10 FEET ALONG SAID SOUTHERN RIGHT OF WAY : THENCE ALONG SAID SOUTHERN RIGHT OF WAYS. 85 DEGREES
13 ' 42" E. 232.96 FEET : THENCE ALONG SAID SOUTHERN RIGHT OF WAYS. 85 DEGREES 13'54" E. 81.90 FEET : THENCE ALONG SAID SOUTHERN RIGHT OF WAY S. 86 DEGREES 45'54" E. 85.00 FEET: THENCE
ALONG SAID SOUTHERN RIGHT OF WAYS. 81 DEGREES 44 '54" E. 131.60 FEET: THENCE ALONG SAID SOUTHERN RIGHT OF WAYS. 28 DEGREES 19 ' I I' E. 39 .60 FEET TO THE WESTERN RIGHT OF WAY OF HIGHWAY
133: THENCE ALONG SAID WESTERN RIGHT OF WAY S. 00 DEGREES 10'24" E. 153. 10 FEET : THENCE ALONG SAID WESTERN RIGHT OF WAY S. 01 DEGREES 10'24" E. 90.80 FEET TO THE COMMON SOUTH LINE
OF SAID LOT 9 AND NI/2SEI/4 SAID SECTION 28: THENCE LEAVING SAID WESTERN RIGHT OF WAY ALONG SAID SOUTH LINE N. 89 DEGREES 09'40" W. 951.74 FEET TO THE NORTHERN "RIGHT OF WAY OF SAID
RAILROAD: THENCE ALONG SAID NORTHERLY RIGHT OF WAY N. 22 DEGREES 44 '24" W. 350.35 FEET TO THE EAST LINE OF THE TOWNSITE OF COOPERTON: THENCE LEAVING SAID NORTHER~ RIGHT OF WAY ALONG
SAID EAST LINE N. 00 DEGREES 38'00" E. 31 .27 FEET TO THE NORTH LINE Of SAID TOWNSITE OF COOPERTON: THENCE ALONG SAID NORTH LINE N. 89 DEGREES 22 ' 00" W. 13.52 FEET TO THE NORTHERN
RIGHT OF WAY OF SAID RAILROAD : THENCE LEAVING SAID NORTH COOPERTON LINE ALONG SAID NORTHER~ RIGHT OF WAY N. 22 DEGREES 44'24" W. . 14.66 FEET: THENCE ALONG SAID NORTHERN RIGHT OF WAY
ALONG A CURVE TO THE LEFT. ~AVI~G A RADIUS OF 673.69 FEET AND DELTA ANGLE OF 26 OEG~ 56'00" (CHORD BEARING N. 36 DEGREES 12'24" W. 313 . 78 FEET), A DISTANCE OF 316 .69 FEET : THENCE
ALONG SAID NORTHER~ RIGHT OF WAY ALONG A CURVE TO THE LEFT. HAVING A RADIUS OF 1532 .69 FEET AND A DELTA ANGLE OF I DEGREE 27 ' 56" (CHORD BEARING N. 50 DEGREES 24'52" W. 39 .20 FEET)
. A DISTANCE OF 39.20 FEET TO THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY 82 AND THE POINT OF BEGINNING. · EXCEPT THAT PORTION CONVEYED TO CARBONDALE SANITATION DISTRICT DESCRIBED IN DEED
RECORDED IN BOOK 745 AT PAGE 691 AS RECEPTION NO . 397546. COUNTY OF GARFIELD STATE OF COLORADO Pagciofi
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COUIHY CO ) '+-< 0
r ~t~~~~r:~~.~~~~~~~~lll'llti~~li.~~rt:o/,~"1 I IIII 121 271 2010 0 1: 49 : 15 PM Jean Alberico 12 o f 12 Rec Fee · $66 .00 Ooc Feo ·. Q .00 GARFIELD COUNTY CO DOW -Carbondale Access
Easement 16. EXHIDIT S (Sm-vcy) z /lil m /~ rn 5: ///: ~ ..--------,/j!• • n " s '" ------•u ••• . ..-----iv. ~ •.I lil !=·l!~ •It '1•• 1 ~·' '"~_.... I : t __ -r--...., :! .. fl0'l
1111 .. . t"" I ~~ .U. ! ipnn ~ I \i ! ~ ~ . , ! # (H! iv!!! "~' II I ~ ~ ; ~ c §" > I fi q ! ~ I t'l )( I • I "' . z I " I 0 .... "" i M I ~ "' -I I 0 I " I I ! ) I .!.., ·;:::A ::
i I ~ I; q ~·~f ~ =~ ~ I ~ I i ~5~3i ~ ~! I ~ I ( ) I . ~ I :-. is~ : r;; I ~ ~ II I "' ~;~d ~: ~ 1ij 5.., . "' ,[JI ~ t., i~ I 'I' , bf 1 :... i;! () ;;: !~I I ~ i ... I ~ ~ ~ '; .··.I
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