HomeMy WebLinkAbout20032759.tiff RESOLUTION
RE: ACCEPT DEED OF CONSERVATION EASEMENT FOR CHALLENGER RANCH -
ALBERT CHALLENGER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Albert Challenger, P.O. Box 448, Evergreen, Colorado 80437-0448, has
previously executed a Deed of Agricultural Conservation Easement, recorded in the books of the
Weld County Clerk and Recorder on December 9, 1999, at 2737758, and
WHEREAS, Mr. Challenger, having recognized the value of ensuring a wildlife sanctuary
for the specific protection of heron rookeries located in the previous Conservation Easement,
has presented an additional Deed of Conservation Easement to the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, for Lots A and B
in Challenger Ranch PUD, with terms and conditions being as stated in said easement, and
WHEREAS, after review, the Board deems it advisable to accept said easement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Conservation Easement to the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, by Albert
Challenger be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
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Robert D. sden, Pro-Tern
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Willis H. Je/rk,'
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gate of signature: /®-9"FY
2003-2759
F` /79f�L PL1573
068
DEED OF CONSERVATION EASEMENT
Challenger Ranch Conservation Easement
THIS DEED OF CONSERVATION EASEMENT is made this Est day of Cehthe r
2003 by Albert S. Challenger, having an address at P.O. Box 448, Evergreen, Colorado 80437-
00448 ("Grantor"), to the Board of County Commissioners of the County of Weld, a political
subdivision of the State of Colorado, having an address at P.O. Box 758, 915 10th Street,
Greeley, Colorado 8032 ("Grantee").
RECITALS:
A. Grantor is the sole owner in fee simple of certain real property of approximately
29.11 acres comprising Lots A and B in Challenger Ranch PUD in Weld County, Colorado, more
particularly described in the legal description in Exhibit A attached hereto and incorporated by
this reference (the "Property") and the map of the Property in Exhibit B attached hereto and
incorporated by this reference.
B. The Property possesses wildlife viewing habitat, agricultural, open space and
scenic values (collectively, "Conservation Values") of great importance to Grantor, the people of
Weld County and the people of the State of Colorado.
C. In particular, the Property includes approximately one-half mile of the Big
Thompson River, an oxbow wetland covering approximately ten acres, and a pond covering
approximately five acres. The vegetation along the Big Thompson River includes plains
cottonwood, Russian olive, and peach-leaf willow. The oxbow also supports a dense stand of
cattail. A Great Blue Heron rookery is a striking feature of Grantor's property, with about thirty
Great Blue Heron nests in live and dead cottonwoods trees on the west bank of the Big
Thompson River. The Property possesses lowland riparian forests, which support a variety of
wildlife, including migratory and resident bird species, which use this habitat for nesting, cover,
resting, migration stopover areas, and migration corridors. Birds on the Property's riparian area
and wetlands include Great Blue Heron, Red-winged Blackbird, Yellow-headed Blackbird,
Yellow-winged Blackbird, Song Sparrow, Double-Crested Cormorant, Mourning Dove,
Common Grackle, Bullock's Oriole, Mallard Duck, Spotted Sandpiper, American Robin, Eastern
Kingbird, Brown-headed Cowbird, Blue Jay, Northern Flicker, and various swallow species.
Muskrat also frequent the Property. Non-native carp and bullfrog are present in the Big
Thompson River and pond, as well as small mouth bass and bluegill fish.
D. Grantor intends that the Conservation Values of the Property be preserved and
maintained by the continuation of land use patterns, including, without limitation, those relating
to agricultural production by the maintenance of agricultural values thereof and that the wildlife
viewing and habitat, open space and scenic value of the Property be preserved by the
continuation of the agricultural uses of the Property existing at the time of this grant, that do not
significantly impair or interfere with those values.
E. Grantor further intends, as owner of the Property, to convey to Grantee the right to
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preserve and protect the Conservation Values of the Property in perpetuity.
F. Grantee is a government agency qualified under Section 170(h) of the Internal
Revenue Code of 1986, as amended, to accept this Deed of Conservation Easement and to ensure
that Grantor preserves and protects in perpetuity the Conservation Values of the Property.
G. Grantee agrees by accepting this Deed of Conservation Easement to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation
Values of the Property for the benefit of this generation and the generations to come;
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado,
and in particular C.R.S. § 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to
Grantee a conservation easement in perpetuity over the Property of the nature and character and
to the extent hereinafter set forth ("Easement").
1. Purpose. It is the purpose of this Easement to assure that the Property will be
retained forever predominantly in its agricultural, open space, and scenic condition and to
prevent any use of the Property that will significantly impair, diminish, or interfere with the
Conservation Values of the Property. Grantor intends to enable the Property to remain in
agricultural use for the production of food and fiber by preserving and protecting in perpetuity its
agricultural values, character, use, and utility, and to prevent any use of the Property that would
substantially impair, diminish, or interfere with its agricultural values, character, use or utility.
Grantor also intends that the Property continue to provide wildlife habitat and Grantor intends to
protect those values associated with the wildlife and wildlife habitat of the Property. Grantor
intends that this Easement will confine the use of the Property to such activities, including,
without limitation, those involving agricultural practices, use, and production, wildlife viewing,
wildlife habitat protection, and education, as are consistent with the purpose of this Easement.
2. Baseline Documentation Report. The parties acknowledge that a written report
has been prepared, reviewed, and approved by both parties (the "Baseline Documentation
Report") and that it is an accurate representation of the Property's current condition, containing
an inventory of the Property's relevant features and conditions, its improvements and its natural
resources (the "Baseline Data"). A copy of the Baseline Documentation Report is on file with
both parties and by this reference made a part hereof. The parties acknowledge that the Baseline
Documentation Report is intended to establish the condition of the Property subject to the
Easement as of the date written above, and that the Baseline Documentation Report accurately
represents the condition of the Property at the time of the conveyance. Grantor and Grantee
intend that the Baseline Documentation Report and the Baseline Data be used by Grantee to
monitor Grantor's uses of the Property and practices thereon.
The parties further agree that, in the event a controversy arises with respect to the
condition of the Property as of the conveyance date of the Easement, or compliance with or
violation of any term or provision of this Easement, the parties may use the Baseline
Documentation Report and any other relevant or material documents, surveys, reports, and other
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information to assist in resolving a controversy.
3. Rights of Grantee. To accomplish the purpose of this Easement the following
rights are conveyed to Grantee by this Easement:
a. To identify, preserve, and protect the Conservation Values of the Property,
its character, use and utility, including the soil and water quality; and
b. To enter upon, inspect, observe, and study the Property in order to monitor
Grantor's compliance with and otherwise enforce the terms of this Easement through (i)
identifying the current uses and practices thereon and the condition thereof, and (ii) monitoring
the uses and practices regarding the Property to determine whether they are consistent with the
purpose of this Easement. Grantee's entry shall be with advance notice to Grantor, and Grantee
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and
c. To prevent any activity on or use of the Property that is inconsistent with
the purpose of this Easement and to require the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use; however, it is the intention of
Grantor and Grantee in entering into this Easement not to limit Grantor's discretion to employ
his choice of farm and ranch uses and management practices so long as those uses and practices
are consistent with the purpose of this Easement and do not substantially diminish or impair the
Conservation Values of the Property; and
d. Subject to Grantor's consent, which shall not be unreasonably withheld, to
erect and maintain a sign or other appropriate marker in a prominent location on the Property,
visible from a public road, bearing information indicating that a conservation easement on the
Property is held by Grantee. The wording of the information shall be determined by Grantee, but
shall clearly indicate that the Property is privately owned and not open to the public. Grantee
shall be responsible for the costs of erecting and maintaining such a sign or marker. Also subject
to Grantor's consent, which shall not be unreasonably withheld, the County may erect a viewing
stand for wildlife viewing with a fence constructed to limit public access on the Property; and
e. Subject to Grantor's consent, which shall not be unreasonably withheld, to
attempt to create or mitigate new wetlands, which mitigation of wetlands activity will be at
Grantee's sole expense and will not be considered to be an inconsistent use under the terms of
this Easement, as long as it does not interfere with the wildlife habitat during critical times, such
as during breeding season.
4. Prohibited and Permitted Uses. It is the intention of Grantor and Grantee not to
limit Grantor's discretion to employ his choice of farm and ranch uses and management practices
provided that Grantor's uses and practices are consistent with the purpose of this Easement and
do not substantially diminish or impair the Conservation Values of the Property. Any activity on
or use of the Property inconsistent with the purpose of this Easement or that would substantially
diminish or impair the Conservation Values of the Property is prohibited, whether or not
articulated here. Grantor and Grantee recognize that changes in economic conditions, in
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agricultural technologies, and farm and ranch management practices may result in an evolution of
agricultural uses of the Property. Uses of the Property that are not expressly prohibited herein,
that are not inconsistent with the purpose of this Easement, and that do not substantially diminish
or impair the Conservation Values of the Property, are permitted. Without limiting the generality
of the foregoing, the following activities and uses are either expressly prohibited or permitted, as
follows:
a. Construction and Placement of Buildings and Other Structures. Excepting
permitted building of no more than one residential structure, its associated outbuildings, and
agricultural buildings within the designated building envelope located within Lot 1-A and
depicted on the map that is attached as Exhibit B (the "Building Envelope"), and those
buildings, structures, or improvements existing on the date of this Easement, the construction or
reconstruction of any building or other structure or improvement, including construction of a
residence or placement of a mobile home or manufactured home for any purpose, or the storage
and parking of motor vehicles, whether or not operative, or tractor trailers, is prohibited, except
as in accordance with paragraphs (b), (e), and (g)below.
b. Fences. The construction or reconstruction of any fence is prohibited,
except to repair or replace existing fences, build new fences for purposes of reasonable and
customary management of livestock and wildlife, or to build new fences for separation of
ownership and uses.
c. Subdivision. Any division or subdivision of title to the Property, whether
by physical or legal process, is prohibited
d. Timber Harvesting. Commercial timber harvesting on the Property is
prohibited. Grantor may cut trees to control insects and disease, to control invasive non-native
species, and to prevent personal injury and property damage. Grantor may cut dead trees for
firewood and other uses on the Property.
e. Agricultural Use, Production, Buildings, and Other Structures.
Agricultural related buildings and structures are permitted if: (i) the structures are not used for
residential purposes; (ii) the structures are constructed and used as accessory structures to a
single, principle use of agricultural; and (iii) the structures are determined by Grantee to be in
accordance with local and county land use regulations.
f. Mining. The mining or extraction of soil, sand, gravel, rock, oil, natural
gas, fuel, or any other mineral substance is generally prohibited, except that to the extent Grantor
or a third party retains right, title, and interest in subsurface oil, gas, and other minerals, the
manner of exploration for and extraction of any oil, gas, or other minerals shall be only by a
subsurface method that shall not be irremediably destructive or damaging to the surface the
Conservation Values of the Property.
g. Paving and Road and Trail Construction. With the exception of
"Challenger Ranch Road", any paving or otherwise covering of the Property with concrete,
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asphalt, or any other paving material, nor construction of any road or trail without the advance
written consent of Grantee is prohibited. Grantee shall grant consent within thirty (30) days of
receiving notice from Grantor, unless Grantee determines that the proposed paving or covering of
the soil, or the location of any road or trail, will substantially diminish or impair the Conservation
Values of the Property or will otherwise be inconsistent with the purpose of this Easement.
h. Trash. The dumping or uncontained accumulation of any kind of trash or
refuse on the Property is prohibited, except in accordance with subparagraph (m)below.
i. Water Rights. The transfer, encumbrance, lease, sale or otherwise
separation of water rights necessary and sufficient to maintain and improve the Conservation
Values of the Property from title to the Property itself is prohibited. Grantor shall retain and
reserve the right to use water rights sufficient to maintain and improve the Conservation Values
of the Property, including all right, title, and interest in and to all tributary, non-tributary, and not
non-tributary water, water rights, and related interests in, on, under, or appurtenant to the
Property, provided that such water rights are used on the Property in a manner consistent with the
purpose of this Easement.
k. Commercial or Industrial Activity. Any commercial or industrial uses on
the Property, including commercial kennels, are prohibited.
1. Signage or Billboards. Commercial signs, billboards, awnings, or
advertisements displayed or placed on the Property is prohibited, except for appropriate and
customary ranch or pasture identification signs, wildlife viewing signs, "for sale" or "for lease"
signs alerting the public to the availability of the Property for purchase or lease, "no trespassing"
signs, signs regarding the prohibition of hunting or fishing, and signs informing the public of the
status of ownership. No signs shall be permitted that substantially diminish or impair the
Conservation Values of the Property.
m. Hazardous Materials. The disposal or storage of solid or hazardous waste
on the Property is prohibited. Storage or disposal of agricultural waste exempt from the
definition of solid waste and the legal use of pesticides, herbicides, fungicides, or rodenticides in
accordance with ordinary farm practices is permitted, unless such use will substantially diminish
or impair the Conservation Values of the Property or will otherwise be inconsistent with the
purpose of this Easement.
n. Hunting and Fishing. Hunting on the Property is prohibited. Fishing on
the Property by the general public is prohibited; fishing on the Property by Grantor and his family
is permitted.
5. Reserved Rights. Grantor reserves to himself and to his personal representatives,
heirs, successors, and assigns, all rights accruing from his ownership of the Property, including
the right to engage in or permit or invite others to engage in all uses of the Property that are not
expressly prohibited herein, will not substantially diminish or impair the Conservation Values of
the Property, and are not inconsistent with the purpose of this Easement.
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6. Notice of Intention to Undertake Certain Permitted Actions. The purpose of
requiring Grantor to notify Grantee prior to undertaking certain permitted activities is to afford
Grantee an opportunity to ensure that the activities in question are designed and carried out in a
manner consistent with the purpose of this Easement. Whenever notice is required, and unless
otherwise stated herein, Grantor shall notify Grantee in writing not less than sixty (60) days prior
to the date Grantor intends to undertake the activity in question. The notice shall describe the
nature, scope, design, location, timetable, and any other material aspect of the proposed activity
in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the
purpose of this Easement.
7. Grantee's Approval. Where Grantee's approval is required, and where not
otherwise stated herein, Grantee shall grant or withhold its approval in writing within sixty (60)
days of receipt of Grantor's written request therefor. Grantee's approval may be withheld only
upon a reasonable determination by Grantee that the action as proposed would be inconsistent
with the purpose of this Easement and would substantially diminish or impair the Conservation
Values of the Property.
8. Enforcement. Grantor and Grantee intend that this Easement constitute an
enforceable restriction within the meaning of C.R.S. §§ 38-30.5-101 et seq. Grantee shall have
the right to prevent and correct or require correction of violations of the terms and purposes of
this Deed. Grantee may enter the Property for the purpose of inspecting for violations. If Grantee
finds what it believes is a violation, Grantee shall immediately notify Grantor of the nature of the
alleged violation and demand corrective action sufficient to cure the violation, and where the
violation involves injury to the Property resulting from any use or activity inconsistent with the
purpose of this Easement, to restore the portion of the Property so injured. Upon receipt of this
notice, Grantor shall restore the Property to its condition prior to the violation. If Grantor fails to
cure the violation after receipt of notice from Grantee, or fails to begin curing such violation, or
fail to continue diligently to cure such violation until finally cured, Grantee may bring an action
in law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to
enjoin the violation by temporary or permanent injunction, to recover any damages to which it
may be entitled for violation of the terms of this Easement or injury to any Conservation Values,
including damages for any loss thereof, and to require the restoration of the Property to the
condition that existed prior to any such injury. If Grantee, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate imminent, ongoing, or threatened
damage to the Conservation Values, Grantee may immediately pursue its remedies under this
paragraph. Grantee's rights under this paragraph apply equally in the event of either actual or
threatened violation of the terms of this Easement, and Grantor agrees that Grantee's remedies at
law for any violation of the terms of this Easement are inadequate and that Grantee shall be
entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in
addition to such other relief to which Grantee may be entitled, including specific performance of
the terms of this Easement, without the necessity of proving either actual damages or the
inadequacy or otherwise available legal remedies. Grantee's remedies described in this
paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at
law or in equity.
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9. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of
this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and
any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be
borne by Grantor. If Grantor prevails in any action to enforce the terms of this Easement,
Grantor's costs of suit, including, without limitation, attorneys' fees, shall be borne by Grantee.
10. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement
in the event of any breach of any term of this Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any
other term of this Easement or of any of Grantee's rights under this Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall
impair such right or remedy or be construed as a waiver.
11. Waiver of Certain Defenses. Grantor hereby waives any defense of laches,
estoppel, or prescription, including any defenses available under C.R.S. § 38-41-119, et seq.
12. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting from such
causes.
13. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement unless and until a viewing stand is constructed, at which time the
right of access shall be limited to the area of the viewing stand.
14. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including weed control and eradication and including the maintenance of adequate
comprehensive general liability insurance coverage. Grantor shall keep the Property free of any
liens arising out of any work performed for, materials furnished to, or obligations incurred by
Grantor.
15. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent
authority (collectively"taxes"), including any taxes imposed upon, or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantee
is authorized but in no event obligated to make or advance any payment of taxes, upon three (3)
days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured
from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the
bill, statement, or estimate, and the obligation created by such payment shall bear interest until
paid by Grantor at the lesser of two percentage points over the prime rate of interest from time to
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time charged by Wells Fargo Bank or the maximum rate allowed by law.
16. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and
its members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively"Indemnified Parties") from
and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or
in any way connected with: (1) injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter related to or occurring on or
about the Property, regardless of cause, unless due solely to the negligence of any of the
Indemnified Parties; (2) the obligations specified in Paragraph 8 herein; and (3) the presence or
release of hazardous or toxic substances on, under or about the Property. For the purpose of this
paragraph, hazardous or toxic substances shall mean any hazardous or toxic substance which is
regulated under any federal, state or local law.
17. Extinguishment. If circumstances arise in the future such as render the purpose of
this Easement impossible to accomplish, this Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each
party shall promptly notify the other when it first learns of such circumstances. The amount of
the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any
sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such
termination or extinguishment, shall be determined, unless otherwise provided by Colorado law
at the time, in accordance with paragraph 18 below.
18. Proceeds. This Easement constitutes a real property interest immediately vested in
Grantee, which the parties stipulate to have a fair market value of 55% determined by
multiplying (i) the fair market value of the Property unencumbered by the Easement (minus any
increase in value after the date of this grant attributable to improvements) by (ii) the ratio of the
value of the Easement at the time of this grant to the value of the Property, without deduction for
the value of the Easement at the time of this grant. The values at the time of this grant shall be
those values used to calculate the deduction for federal income tax purposes allowable by reason
of this grant, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. For
the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property
unencumbered by the Easement shall remain constant.
19. Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, Grantee shall be entitled to compensation in accordance with
applicable law
20. Assignment. Grantee may assign its rights and obligations under this Easement
only to an organization that is a "qualified organization" at the time of transfer under Section
170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then
applicable), and the applicable regulations promulgated thereunder and authorized to acquire and
hold conservation easements under Colorado law, upon obtaining the prior written consent of
Grantor, not to be unreasonably withheld. As a condition of such transfer, Grantee shall require
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that the conservation purposes that this grant is intended to advance continue to be carried out.
21. Subsequent transfers. Grantor agrees to incorporate the terms of this Easement in
any deed or other legal instrument by which he divest himself of any interest in all or a portion of
the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this Easement or limit its enforceability in any way.
22. Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantor:
Albert S. Challenger
P.O. Box 448
Evergreen, Colorado 80437-0448
With copy to:
Jessica E. Jay, Esq.
Conservation Law, P.C.
52 Meadowlark Drive
Evergreen, Colorado 80439
Fax: 303-674-3715
To Grantee:
or to such other address as either party from time to time shall designate by written notice to the
other.
23. Recording. Grantee shall record this instrument before September 30`h, 2003 in
the official records of each county in which the Property is situated, and may re-record it at any
time as may be required to preserve its rights in this Easement.
24. General Provisions.
a. Controlling Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of Colorado.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the
purpose of this Easement and the policy and purpose of C.R.S. §38-30.5-101 et seq. If any
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provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
c. Severability. If any provision of this Easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, as the case may be, shall not be affected thereby.
d. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
e. No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
f. Joint Obligation. The obligations imposed by this Easement upon Grantor
shall be joint and several.
g. Non-Merger. No merger shall be deemed to have occurred hereunder or
under any documents executed in the future affecting this Deed of Conservation Easement, unless
the parties expressly state that they intend a merger of estates or interests to occur and the parties
have also obtained the prior written consent of the Board approving such merger of estates or
interests.
h. Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property.
i. Termination of Rights and Obligations. A party's rights and obligations
under this Easement terminate upon transfer of the party's interest in the Easement or Property,
except that liability for acts or omissions occurring prior to transfer shall survive transfer.
j. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
k. Amendment. If the circumstances arise under which an amendment to or
modification of this instrument would be appropriate, Grantor and Grantee are free to jointly
amend this instrument; provided that no amendment shall be allowed that will affect the
qualifications of this instrument under any applicable laws; and provided, further, that the prior
written approval of the Board shall be required. Any amendment must be the conservation
purpose of this instrument and may not affect its perpetual duration. Any amendment must be in
writing, signed by both parties, and recorded in the records of the Clerk and Recorder of the
ChallengerConservationEasementv3.2 08/20/03 10 I Hill 111111111 III 11111111111111111III111111 III 1111
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County in which the Property is located.
1. Governmental Approval. No provision of this Easement, nor the approval
by Grantee of a grant for the acquisition of this Easement shall constitute governmental approval
of any improvements, construction, or other activities that may be permitted under this Easement.
m. Immunity. No portion of this Easement shall be deemed to constitute a
waiver of immunities the parties of their officers or employees may possess, nor shall any portion
of this Easement be deemed to have created a duty of care that did not previously exist with
respect to any person not a party to this Easement.
n. Third Party Enforcement. It is expressly understood and agreed that the
enforcement
of the terms and conditions of this Easement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Easement
shall give or allow any claim or right of action whatsoever by any other person not included in
this Easement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Easement shall be an incidental
beneficiary only.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantor and Grantee have executed this Deed of Conservation
Easement on the day and year first above written.
GRANTOR: ,
ALBERT S. CHALL ER J
The foregoing instrument was acknowledged before me this 21 t r day of A LA Gttd S T, 2003,
by Albert S. Challenger.
Witness my hand and official seal.
My commission expires: 10-14,-(11 by ngtextra").--.,
1311ttlit
IIII10DI �1�1������! 1l �"130603/200310:5(1 Weutyof R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ChallengerConservationEasementv3.2 08/20/03 11
GRANTEE:
COUNTY O EL , ITI AL SUBDIVISION OF THE STATE OF COLORADO
By: Co OCT 012003
avi ong
Title: Chair, Board of County C mmis e County of Weld
• _o KPRY Pve<`3
The foregoing instrument was ac iinm dged belt: Wan,�this t day of rkir , 2003,
by l ``f ' SHARON •; lair Board of County Commissioners of
the County of Weld. 1 KAHL
Witness my hand and official seal. \9�•....... ...•�p
... OF COV° \P\
My commission expires: MyCommissionExpiresMay 15,kik 1 /Gt = At
Id. law*, ST: JbG'jiaE
,,\'` 1 . . _ _l. CO c,...., CLERK BOARD oosT apy• T THE. BOAR`
``• ( .\e
1111111 IIIII IIII 111111 IIIII 111111 VIII) III 111111 III IIII
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ChallengerConservationEasementv3.2 08/20/03 12
Exhibit A
Legal Description
That part of the Southwest quarter of Section 29, Township 5 North, Range 67 West of the Sixth
Principal Meridian, County of Weld, State of Colorado, described as follows:
Lots A and B, Challenger Ranch PUD, according to plat recorded November 6, 2001 at
Reception No. 2898487, County of Weld, State of Colorado, comprising approximately 29.11
acres, more or less.
1111111 11111 1111 EMI IiIII 111111 111111 III 111111 III 1II1
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ChallengerConservationEasementv3.2 08/20/03 13
Exhibit B
Map of the Property
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ChallengerConservationEasementv3.2 08/20/03 14 1 1111 11111 liiI 111111 11111 in 111111 MIN III 1111
3113068 10/03/2003 10:57A Weld County, CO
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Farm 8283 • Noncash Charitable Contributions OMB Na 1545-0908
(Rev.October 1998) .►.Attach to your tax return if you claimed a total deduction
of over SSW for air contributed property. Attachment
Department d the Treasury Sequence No.SS
Internal Revenue Service ► See separate instructions. eq
Name(s)shown on your income tax return Identifying number
Note: Figure the amount of your contribution deduction before completing this form. See your tax return instructions.
Section A—List in this section only items(or groups of similar items)for which you claimed a deduction of$5,000 or
less. Also, list certain publicly traded securities even if the deduction is over $5,000 (see instructions).
Part I Information on•Donated Property If yorr t16rtmore space; atlaLh a statement.
(a)Name and address of the r
1 (b)Description of donated property
donee orgenizeticn.
A
B
C
D
E
Note: If the amount you claimed as a deduction for an item is$500 or less,you do not have to complete columns(d), (e), and(0.
(c)Date of the (di Date acquired - (eJ Hbw acquired - (t7 Donor's cost (.).Method used to determine the fair
a=... contribution by donor lma...yrJ.. by
donor or az4usterl basis.. .'llu Fair market value _ market value
A
••
D
E
Other Information—Complete line 2 if you gave less thaw an entire-interest in-property listed in Part I.
Complete line 3 if conditions were attached to a contribution listed in Part I.
2 If, during the year, you contributed less than the entire interest in the property, complete lines a-e.
a Enter the letter from Part I that identifies the property.►. If Part.11. applies to more than one property, attach a
separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ►
(2) For any prior tax years P.
c Name and address of each organization to which any such.contribution was made in a prior year (complete only if different
from the donee organization above):
Name of charitable organization(donee)
Address(number,street,and room or suite no.)
City or town,state,and ZIP code
d For tangible property, enter the place where the property is located or kept ►-
e Name of any person, other than the donee organization, having actual possession of the property ►
3 If conditions were attached to any contribution listedin Part I, answerquestions-a.-c and attach the required
statement(see instructions).
a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property?
b Did you give to anyone (other than the donee organization or another organization participating with the donee _r
organization in cooperative fundraising)the right to the income from the donated property or to the possession _
of the property, including the right to vote donated securities,to acquire the property by purchase or otherwise,
or to designate the person having such income, possession,or right to acquire?
c Is there a restriction limiting the donated property for a particular use?
For Paperwork Reduction Act Notice,see page 4 of separate instructions. Cat.No.62299J Form 8283 (Rev. 10-98)
Fam 8283(Rev.10-981 Page 2
Name(s)shown on your income tax return Identifying minter
Section B—Appraisal Summary—List in this section only items (or groups of similar items) for which you claimed a
deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly
traded securities only in Section A.
If you donated art, you may have to attach the complete appraisal. See the Note in Part I below.
Part I Information on Donated Property—To be completed by the taxpayer and/or appraiser.
4 Check type of property:
O Art' (conttibution.ot$20,000.or more} Q-Real.Estate. O.Gems/lewelry.. Q.Stamp..Collections
❑ Art' (contribution of less than $20,000) O Coin Collections O Books O Other
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare
manuscripts, historical memorabilia,and other similar objects.
Note: If your total art contribution deduction was$20,000 or more,you must attach a complete copy of the signed appraisal. See instructions.
5 IN Description of donated property(if you need (b)If tangible property was donated,give a brief summary of the overall (c)Appraised fair
more space;'attach-a-separate'statement} pl,yx;ual,.tn,,S&,,atthrtmicoi the-giftmarket value
A t Oi12,'✓c:/7U,L faseinei t _ 1-and rn M(G . Zg)T Zi/u1h.(n?G(1- gr:.`28Wy WOO O(
B. Do writ donit y &Jenrl C)G7,nsy/er.
C
D•
•
(d)Date acquired (e)How acquired (I)Donor's cost or (g)For bargain sales,enter t See'arswebpn'
by-donor(mo:,yr:) , by-donor a.ted.basis,. amountraceived. (h)Amount claimed as a (i)Averaq_e ridding price
tletluction of securities
A - .. 1. _. ..
B . . _ ..
C ..
Taxpayer'(Donor) Statmrrartt=fist eactritem-included-in-Part•f-above-that the-appraisal identifies as
having a value of$500 or less. See instructions.
I declare that the following item(s)included in Part I above has to the best of my knowledge and belief an appraised value of not more than$500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. I.
5' nature of taxpayer(donor) ► Date ►
Declaration of Appraiser
I declare that.) am.not the donor,the donee,..a_party.te the transaction in which the donor acquired.the property..employed by, or related to any
of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or
party to the transaction, I performed the majority of my appraisals during my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as described in the appraisal,I am qualified to.make.appraisalsof the.type of property.being valued.I certify that the appraisal fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as
described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abetting the
understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice..
Sin ` Orl lnd.t q�mca-at Ct /t )Oo-3
Here $i nature o r
Sign 9 ►a�om or s ,,tore,(ir Vl17(�1lJ..d'�e-►(�P/lG'1[✓,/�.O/(,ir al appraisal ►` 7-e/ o`� CX (/f
Business address room a suit¢ o. 6 /an.-24..e8.2.42.614— Men " r number
�
(93 v`o, I// ,/�<<(Q_�[ � f, er g - 81/-Oe7,57$.3
City
a ¢ andL/ ZI G (oh-ialrr 3Da ,
Done(e(JAckndwledgment—To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c)and that it received the donated
property as described in Section B, Part I, above on ►
(Date)
Furthermore,this organization affirms that in the event it sells,exchanges,or otherwise disposes of the property described in Section
B, Part I (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the
IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? ► O Yes O No
Name of charitable organization(donee) Employeridentlficationmanber-
Weld County, Colorado 84_6000_811
Address(number,street,and room or suite no.) - City ormwn;state;and-ZIP-code-
9 10th Street Greeley, CO 80631
Avthor nature Tide-Chair, Board of Date
C�Ayr <'{tl David E. Lon 8 Weld County f.Dmmiaainnvrc -
10/20/03
C.
SHELTON ASSOCIATES , INC .
230 S.HOLLAND ST.,LAKEWOOD,CO 80226 • (303)937.0222 Fax(303)937-9600 RAYMOND C HART
REAL ESTATE APPRAISERS Certified General Appraiser
CONSULTANTS ANNE RENAUD-WILKINSON
Certified General Appraiser
Mr. Albert S. Challenger October 3, 2003
P.O Box 448
Evergreen, Colorado 80437
Dear Mr. Challenger:
Reference is made to the appraisal of the conservation easement that I completed on property
in Section 29 of Township 5 North, Range 67 West of the 6th Principle Meridian in Weld
County, Colorado as of August 1, 2003.
The deed of conservation easement to Weld County was signed on October 3, 2003, and to
this end, I am acknowledging the subsequent inspection of the property on August 29, 2003.
This letter is in response to that request and is intended to provide a new effective appraisal
date that incorporates by reference the Appraisal Report of August 1, 2003.
The definition of the value sought in the original appraisal, being market value as defined on
page 13 of those reports, remains the same in this update. The property rights appraised,
. namely fee simple and conservation easement rights, subject to title issues of record, remain
the same. Likewise, the client and intended users are the same.
On August 29, 2003 I viewed the subject property and found the property essentially the same.
I have further re-investigated the real estate market in the area of the subject property for the
period of time between August 1 and August 29 of 2003. There have been no comparable
land sales during that period, and no indication from the sales data that land values in general
have changed. Further, I have not found that the highest and best use of the subject property
has changed.
Based on my original appraisal of August 1, 2003, and based on my re-inspection of the
property and market conditions as of August 29, 2003, I believe the market value for the
subject property is:
Two Hundred and Seventy-Eight Thousand and Four Hundred Dollars
$278,400
Respectf Submitted, , ..
Anne Renaud-Wilkinson
Certified General Appraiser
State of Colorado #40020386
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