Conservation Easement Analysis

The Conservation Easement Granted July 11, 2019 by the George W. Clayton Trust to the City of Denver

I. What Is the Language of the Conservation Easement Covering the Park Hill Golf Course Land?

a. The “Conservation Easement” granted July 11, 2019 by the George W. Clayton Trust to the City of Denver and recorded at Reception No. 2019090259 (“the 2019 Conservation Easement”) is clearly labeled “Conservation Easement” in the heading. The 2019 Conservation Easement preserves the entire 155 acres of the Park Hill Golf Course land (“PHGC Land”) as open space.

b. The fourth Whereas Clause of the 2019 Conservation Easement states that that Denver “desires to acquire a conservation easement” and that the conservation easement is granted “pursuant to Title 38, Article 30.5 of the Colorado Revised Statutes”, commonly referred to as the Colorado Conservation Easement Statute (the “Act”). The Act provides the statutory rules governing all Colorado “conservation easements in gross.” See C.R.S § 38-30.5-101.

c. Paragraph 2 (Grant of Easement) of the 2019 Conservation Easement grants to the City “a perpetual, non-exclusive conservation easement in gross.”

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