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RECEPTION##: 622767, 02107/2008 at <br />i 03:48:32 PM$ l OF 28, R $141.00 <br />' ANN EDDINS, DELTA COUNTY, CO <br />CLERK AND RECORDER <br />HEED OF CON$ERVA.TION EASEMENT <br />Thomas E. Curry Property <br />NOTICE: THHS PROPERTY HAS BEEN ACQUIRED IN PART' TVH A GRANT <br />FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST <br />FMD AND A GRANT FROM THE COLORADO '"TLANDS PROGRAM <br />ADpEMTERED By THE COLORADO DIVISION OF WILDLIFE (" CDO.97") ( the <br />"GRA.hTTS'�. THIS DEED CONTAINS RESTRICTIONS ON THE USE AND <br />DEVELOPMENT OF THE PROPERTY VMCH ARE INTENDED TO PROTECT ITS <br />OPEN SPACE AND HABITAT VALUES. THE STATE BOARD OF 7I7E GREAT <br />OUTDOORS COLORADO TRUST FUND (the "BOARD") HAS FOUND THAT THE <br />ADOPTION OF THESE RESTRICTIONS IS IN THE PUBLIC INTEREST. <br />Any time the Property itself; or any interest in it, is transferred by Grantor to any third party, <br />Grantor shall pay a transfer fee of $100. -to Grantee and notify Grantee pursuant to the <br />requirements of Section 12 of this Deed. <br />TATS DEED OF CONSERVATION E ASBMBNT ("Deed") is granted on this U day of <br />February, 2008, by Thomas B. Curry, individually; and Thomas B. Cunt', doing business as Tri - <br />County Gravel, whose address is 36285 Back River Road, Hotobkiss, Colorado, 81419 <br />("Grantor"), to COLORADO OPEN LANDS, a Colorado non profit corporation ("Grantee'), <br />whose address is Suite 320,274 Union Boulevard, Lakewood, CO 80228: <br />RECITALS: <br />A. Description of Property. Grantor is•the owner of the fee simple interest in the subject <br />property legally described is Exhibit A attached hereto and made apart of this Deed;which <br />consists of approximately 48.59 acres of land generally depicted on RxMit B, together with <br />agricultural improvements and mineral rights associated with or appurtenant to the Property <br />located in Delta. County, State of Colorado (the "Property"). <br />B. Qnalffied Organization. Grantee is a "qualified orgamization," as defined m §170(h) of <br />the Internal Revenue Code and a charitable organization as required under § 38-30.5-104 (2), <br />Colorado Revised'Staiutes (C -PLS.). <br />C. * Conservation Purposes. The Conservation Purposes set forth in this paragraph may <br />hereinafter be collectively referred to as the "Conservation Values °'. According to Section <br />170(h)(4)(A) of the.Intemal Revenue Code and Section 1.170A -14(d). of the Treasury <br />Regulations, the Conservation Values of a qualified conservation contribution may be for one or <br />more of the following: to preserve land for outdoor recreatibnby or education of the general <br />public; to protectrelatively natural habitat of fish, wildlife, or plants; to preserve open.space; and <br />to preserve historically important land or structures. The Conservation Values of the Property <br />include relatively natural habitat and open space as further described below. <br />Relatively natural. habitat [§ 1.170A 14(d)(3)j. The Property contains riparian habitat and <br />wetlands that provide food, cover, breeding ground, and migration condors for a myriad of <br />Page 1 <br />