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RECEPTION: 622767, 02107/2008 at <br />03:48:32 PM; 1 OF 28, R $141.00 <br />ANN EDDINS, DELTA COUNTY, CO <br />CLERK AND RECORDER <br />DEED OF CONSERVATION FUSEWNT <br />Thomas E. Curry property <br />NOTICE: THIS PROPERTY HAS BEEN ACQUIRED IN PART *" Trll A GRANT <br />FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST <br />FUND AND A GRANT FROM THS COLORADO WRTLANDS PROGRAM <br />ADMUUSTERED By THE COLORADO.DTtrISION OF WILDLIFE ("CDORW") ( the <br />,,GRAI�TTS$�. THIS DEED CONTAINS RESTRICTIONS ON THE USE AND <br />DEVELOPMENT OF THE PROPE RTY-WMC11 ARE INTENDED TO PROTECT ITS <br />OPEN SPACE AND EABIT.A-T VALUES. THE STATE BOARD OF T13E GREAT <br />OYJTDOORS COLORADO TR -99T FUND (the "BOARD'S SAS FOITND THAT T <br />ADOPTION OF THESR 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 />Cmmtor shell pay a transfer fee of $100. -to Grantee and notify Grantee pursuant to the <br />requirements of Section 12 of this Deed. <br />THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted on this lk day of <br />February, 2008, by Thomas E. Curry, individually; and Thomas E. Curry, doing business as Tri - <br />County Gravel, whose address is 36285 Back River Road; Hotchkiss, Colorado, 81419 <br />(.,Grantor"), to COLORADO OPEN LANDS, a Colorado non-profit corporation ("Grantee's, <br />Whose address is Suite 320,274 Union Boulevard, Lakewood, CO 80228: <br />RECITALS: <br />A. Description of Property. Grantor isthe OWha of the fee simple interest in the subject <br />property legally described ui Exhibit A. attached hereto and made a part of this Deed, which <br />consists of approximately 48.59 acres of land generally depicted on Exhibit B, together with <br />agricultural improvements end mineral rights associated with or appurtenant to the Property <br />located in Delta County, State of Colorado (the "Property`) <br />B. Qualified Organization. Grantee is a "qualified organization," as defined in §170(h) of <br />the Internal Revenue Code and a charitable organization as required under § 38-30.5-104 (2)7 <br />Colorado Revised'Statutes (C-R.S.). <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.Internal 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 protect relatively natural habitat of fish, wildlife, or plants; to preserve open space; and <br />to preserve historically important land or strictures. The Conservation Values of the Property <br />include relatively natural habitat and openn 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 d <br />