HomeMy WebLinkAbout20073219.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES (R1356102)-ROCKY
MOUNTAIN CROSSROADS, LLC
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, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 15th day of October, 2007, at which meeting
there were present the following members: Chair David E. Long, and Commissioners William H.
Jerke, William F. Garcia, Robert D. Masden, and Douglas Rademacher, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to the
taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
present, and taxpayer Rocky Mountain Crossroads, LLC , not being present, and
WHEREAS, the Board of County Commissioners have carefully considered the attached
petition, and are fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Board conurs with the recommendation of the assessor and the petition
be and hereby is, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$64,351.00 $5,458.41 2005
$64,351.00 $5,355.48 2006
2007-3219
4 AS0066
3 PO-
TAX ABATEMENT PETITION - ROCKY MOUNTAIN CROSSROADS, LLC (R1356102)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 15th day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
E , / D COUNTY, COLORADO
6) n
ATTEST: Jam : y/%'
id E. Long,
Chair
Weld County Clerk to the B •
illiam H. Jer o-Tem
'
De y Cler o the Board `
Wilharn,F. Garcia
A O DAS O- ,Robert D. Masden
unty Attorney , , (o,,a3geCv-ana t_
DouglaskRademac er
Date of signature: tl )�lo7
2007-3219
AS0066
' r r
PETITION FOR ABATEMENT OR REFUND OF TAXES /L{� � ,
County: WELD Date Received c- 14`�
(Use Assessor's or Commissioners'Date Stamp)
Section I: Petitioner, please complete Section I only. RECEIVED
Date: i G. O'7
Month Day Year JUL 12 2007
Petitioner's Name: POCK9 nil WAN 77m-)N cn-OSf,I2b405 t-1-0._ WELD COUNTY ASSESSOR
GREELEY COLORADO
Petitioner's Mailing Address: So S a. C. N4tY1PDENAv&it-ie. #31IO
DeN VEt2 Co 80,93.-
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
op59al4ofooq 6\i5 "zinc -ntjttcr4 ROc-t<r) r»bu)v-141,
3b(o109- cr2-OSS1 at ADS
Petitioner states that the taxes assessed against the above property for property tax year(s) ;1005 and x,006
are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax.
Attach additional sheets if necessary.)
N6fC4 of ADJuSrrn c con_ 1661 (5 Arrricf tctc)
77,-65-
PRoPekry tar s2Bvivitv r.0 2coz, ,9th) b,2 4},S-
000594(4974-4U ttiWnO-'7 Cdl7S Dil/r ksp i Z OCtTCC/3
Petitioner's estimate of value: $ 0i 153 ( cQC'5 )and $ 91sa ( aMo6 )
Value Year Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits
or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is
true, correct, and complete.
1 11p(o 5't vi'�/LL671( , /1194--4-- Daytime Phone Number( 1?c ) - 106O
Petitioner's Signature
By Daytime Phone Number(
Agent's Signature*
`Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners,pursuant to section 39-10-114(1),or the property tax administrator,pursuant to section 39-2-116,denies
the petition for refund or abatement of taxes in whole or in part,the petitioner may appeal to the board of assessment appeals pursuant to the
provisions of section 39-2-125 within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S.
Section Il: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year , 00 Tax Year 2-en‘
�J�.(A�ctual /Asse�ssedd /Taxx Q /� 7 Actual ? Assessed� Tax 7
Original 10;3 Idp /IJ[`;/ 6651/ 4/3
,fcr]5 %3 "3/,05_3 lip nrs 5552?Z� -
Corrected --7V 2� , c _ r -'G7 /� yli _l %t/ / 7
Abate/Refund �G!, 9o) c(, -J -9r r. 9/ 22 1 gcx3 :;..,_ -53 �tr/t?
I�7�
tF-1 Assessor recommends approval as outlined above.
No protest was filed for the year(s): — or ? ,_(If a protest was filed,please attach a copy of the NOD.)
Assessor recommends denial for the following reason(s):
rTh
Assessor's or eputy Assessor's Sin lure
15-OPT-AR No.920-66/06
2007-3219
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by the
board of county commissioners or the assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$1,000)
The commissioners of County authorize the assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of one thousand dollars or less per tract, parcel, or lot of land or per schedule
of personal property, in accordance with §39-1-113(1.5), C.R.S.
The assessor and petitioner mutually agree to the values and tax abatement/refund of:
Tax Year Tax Year
Actual Assessed Tax Actual Assessed Tax
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the county treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS, The County Commissioners of County, State of Colorado, at a duly and lawfully
called regular meeting held on / / , at which meeting there were present the following members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor
of said County and Assessor (being present—not present)and
Name
petitioner (being present--not present), and WHEREAS, The said
Name
County Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board (agrees--does not agree)with the recommendation of the assessor
and the petition be(approved--approved in part--denied)with an abatement/refund as follows:
Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund
Chairperson of the Board of County Commissioners'Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
Note: Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$1,000)
The of the Board of County Commissioners, relative to the within petition, is hereby
pprove ❑Approved in part$ n Denied for the following reason(s):
•
A2 7
Seeta 's Si t Ødr'sm ' , a' re Date
-62
15-DPT-AR No.920-66/06
NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR
• 9 1400 NORTH 17th AVE.
EVS RMC TRACT 4 ROCKY MOUNTAIN GREELEY,Co 80631
CROSSROADS PHONE(970)353-3845,Err.weld 3650
www.co.weld.co.us
IiiM a OWNER: ROCKY MOUNTAIN CROSSROADS LLC
COLORADO
ROCKY MOUNTAIN CROSSROADS LLC LOG 2345
5082 E HAMPDEN AVE # 316 PARCEL 095921401004
ACCOUNT R1356102
DENVER, CO 80222 YEAR 2007
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that
your property should be included in the following category(ies):
All other property, including vacant land, is valued by
considering the cost, market, and income approaches .
If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget
hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings.
The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the
valuation(s)assigned to your property. The reasons for this determination of value are:
The actual valuation of your property has been adjusted based on new
information obtained. This may be information you have supplied, corrections of
characteristics or additional sales which we have uncovered during the appeals
process . This value reflects the market price paid during the base period of
January 1 , 2005 to June 30 , 2006 .
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AFTER REVIEW
VACANT LAND 230053 0
AG LAND 0 8153
TOTALS S $ 230053 8153 '
APPEAL DEADLINES: REAL PROPERTY-JULY I6,PERSONAL PROPERTY-JULY 20.
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration.
§39-8-1060)(a),C.R.S. TO PRESERVE YOUR APPEAL RIGHTS,YOU MAY BE REQUIRED TO PROVE THAT YOU FILED A TIMELY APPEAL;
THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITII PROOF OF MAILING.
06/27/2007
By: Christopher M. Woodruff
WELD COUNTY ASSESSOR DATE
ADDITIONAL INFORMATION ON REVERSE SIDE
NOD 207 62 07/07
WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel#: 095921401004
MH Seq#: MH Space:
Appr Year: 2007 Levy: 83.223 #of Bldgs: 0 Active On: 6/22/2007
Tax Dist: 2921 Map#: 2191 LEA: InactiveOn:
Assign To: JKH Initials: JSW Acct Type: Agricultural Last Updated: 6/22/2007
New Growth: 0
Owner's Name and Address: Property Address:
ROCKY MOUNTAIN CROSSROADS LLC
5082 E HAMPDEN AVE#316
DENVER CO 80222
Business/Complex:
Sales Summary
Legal Description
EVS RMC TRACT 4 ROCKY MOUNTAIN CROSSROADS
Land Valuation Summary
Abst Unit of Number Value Assmt *Assessed
Land Type Ag Code Code Measure Of Units Per Unit Actual Value Percent Value
Agricultural R IV 4117 Acres 3.07 $203.37 $624.35 0.29 $181.06
Agricultural R III 4117 Acres 21.469 $350.67 $7,528.53 0.29 $2,183.27
Land Subtotal: 24.539 $8,152.88 $2,364.34
Buildings Valuation Summary
Total Property Value $8,153 $2,364
*Approximate Assessed Value
Monday, July 16, 2007 Page 1 of 2
WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel#: 095921401004
MH Seq#: MH Space:
Monday, July 16, 2007 Page 2 of 2
Account Notes Account#: R1356102
Entry Date Office Note Bldg Category
3/16/2002 A 2002-CREATED NEW SUB-ROCKY MOUNTAIN CROSSROADS-FROM PARCEL ADM
0959-21-0-00-035.CREATED ACCTS ONLY-APPR TO ENTER DATA IN RW. KRD
3/16/2002 A WD REC#2816494 RECORDED 12/29/00 CONVEYS FROM CALVIN FAMILY ADM
REVOCABLE TRUST TO ROCKY MOUNTAIN CROSSROADS LLC.THE LEGAL DESC
LABELED LOT A CONVEYS TRACT 1.THE LEGAL DESC FOR LOT B CONVEYS
TRACT 2,AND THE LEGAL DESC FOR LOT D CONVEYS TRACT 4.KRD
3/16/2002 A 2002-FOR 2002 ENTERED FLAG CODE OF 5 FOR EVANS ANNEXATION. PER JACKIE ADM
WE ARE TO ENTER ANY FLAG CODES FROM OLD PARCEL. KRD
4/9/2002 A ADDED LAND FOR 2002/NEW SUB/STILL AG.PAN LAND
5/8/2002 A 2002 CHANGED MAILING ADDRESS AND RESENT NOV. JAT ADM
5/14/2002 A 2002: Judi from GIS noticed the mailing address on this account was west 11th Avenue. I ADM
changed it to street because there is no west 11th Avenue in Greeley. shh
4/3/2003 A UPDATED LAND FOR 2003.PAN LAND
4/27/2004 A 2004-EXCLUSION MILLIKEN FIRE DISTRICT REC#3149874 02/02/2004.CHANGED TAX ADM
AREA FROM 2160 TO 2616.JSW/RGW
12/12/2005 A 2005 INC TO MLKN FIRE BOND 2024 PER NOTICE OF GENERAL OBLIGATION ADM
INDEBTEDNESS.RCD 12/24/03 RCPT 3139066. PARCEL MUST REMAIN IN THIS BOND
UNTIL 2025.This was added to bond 2024 in mass as was previously missed.JSW/BAD
6/20/2007 A CHANGED LAND TO AG FOR 2007 PROTEST. IT HAS A CONSERVATION EASEMENT LAND
(12/29/00 REC 2816495)AND MUST REMAIN IN AG CLASSIFICATION.PAN
Monday, July 16, 2007 Page 1
WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel #: 095921401004
MH Seq#: MH Space:
Appr Year: 2005 Levy: 84.822 #of Bldgs: 0 Active On: 1/3/2006
Tax Dist: 2921 Map#: 2191 LEA: 160595 InactiveOn:
Assign To: PAN Initials: BAD Acct Type: Vacant Land Last Updated: 1/3/2006
New Growth: 0
Owner's Name and Address: Property Address:
ROCKY MOUNTAIN CROSSROADS LLC
5082 E HAMPDEN AVE#316
DENVER CO 80222
Business/Complex:
Sales Summary
Legal Description
EVS RMC TRACT 4 ROCKY MOUNTAIN CROSSROADS
Land Valuation Summary
Abst Unit of Number Value Assmt *Assessed
Land Type Ag Code Code Measure Of Units Per Unit Actual Value Percent Value
Residential 0100 Acres 24.539 $9,374.99 $230,053.00 0.29 $66,715.37
Land Subtotal: 24.539 $230,053.00 $66,715.37
Buildings Valuation Summary
Total Property Value $230,053 $66,715
*Approximate Assessed Value
Monday, July 16, 2007 Page 1 of 2
, WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel#: 095921401004
MH Seq#: MH Space:
Monday, July 16, 2007 Page 2 of 2
•
Account Notes Account#: R1356102
Entry Date Office Note Bldg Category
3/16/2002 A 2002-CREATED NEW SUB-ROCKY MOUNTAIN CROSSROADS-FROM PARCEL ADM
0959-21-0-00-035.CREATED ACCTS ONLY-APPR TO ENTER DATA IN RW. KRD
3/16/2002 A WD REC#2816494 RECORDED 12/29/00 CONVEYS FROM CALVIN FAMILY ADM
REVOCABLE TRUST TO ROCKY MOUNTAIN CROSSROADS LLC.THE LEGAL DESC
LABELED LOT A CONVEYS TRACT 1.THE LEGAL DESC FOR LOT B CONVEYS
TRACT 2,AND THE LEGAL DESC FOR LOT D CONVEYS TRACT 4. KRD
3/16/2002 A 2002-FOR 2002 ENTERED FLAG CODE OF 5 FOR EVANS ANNEXATION. PER JACKIE ADM
WE ARE TO ENTER ANY FLAG CODES FROM OLD PARCEL.KRD
4/9/2002 A ADDED LAND FOR 2002/NEW SUB/STILL AG. PAN LAND
5/8/2002 A 2002 CHANGED MAILING ADDRESS AND RESENT NOV. JAT ADM
5/14/2002 A 2002: Judi from GIS noticed the mailing address on this account was west 11th Avenue. I ADM
changed it to street because there is no west 11th Avenue in Greeley. shh
4/3/2003 A UPDATED LAND FOR 2003. PAN LAND
4/27/2004 A 2004-EXCLUSION MILLIKEN FIRE DISTRICT REC#3149874 02/02/2004.CHANGED TAX ADM
AREA FROM 2160 TO 2616.JSW/RGW
12/12/2005 A 2005 INC TO MLKN FIRE BOND 2024 PER NOTICE OF GENERAL OBLIGATION ADM
INDEBTEDNESS.RCD 12/24/03 RCPT 3139066.PARCEL MUST REMAIN IN THIS BOND
UNTIL 2025.This was added to bond 2024 in mass as was previously missed.JSW/BAD
Monday, July 16,2007 Page 1
•. . WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel #: 095921401004
MH Seq#: MH Space:
Appr Year: 2006 Levy: 83.223 #of Bldgs: 0 Active On: 1/3/2006
Tax Dist: 2921 Map#: 2191 LEA: 1B0595 InactiveOn:
Assign To: PAN Initials: BAD Acct Type: Vacant Land Last Updated: 1/3/2006
New Growth: 0
Owner's Name and Address: Property Address:
ROCKY MOUNTAIN CROSSROADS LLC
5082 E HAMPDEN AVE#316
DENVER CO 80222
Business/Complex:
Sales Summary
Legal Description
EVS RMC TRACT 4 ROCKY MOUNTAIN CROSSROADS
Land Valuation Summary
Abst Unit of Number Value Assmt *Assessed
Land Type Ag Code Code Measure Of Units Per Unit Actual Value Percent Value
Residential 0100 Acres 24.539 $9,374.99 $230,053.00 0.29 $66,715.37
Land Subtotal: 24.539 $230,053.00 $66,715.37
Buildings Valuation Summary
Total Property Value $230,053 $66,715
*Approximate Assessed Value
Monday, July 16, 2007 Page 1 of 2
WELD COUNTY ASSESSOR
Account#: R1356102 PROPERTY PROFILE Parcel#: 095921401004
MH Seq#: MH Space:
Monday, July 16, 2007 Page 2 of 2
•
Account Notes Account#: R1356102
Entry Date Office Note Bldg Category
3/16/2002 A 2002-CREATED NEW SUB-ROCKY MOUNTAIN CROSSROADS-FROM PARCEL ADM
0959-21-0-00-035.CREATED ACCTS ONLY-APPR TO ENTER DATA IN RW.KRD
3/16/2002 A WD REC#2816494 RECORDED 12/29/00 CONVEYS FROM CALVIN FAMILY ADM
REVOCABLE TRUST TO ROCKY MOUNTAIN CROSSROADS LLC.THE LEGAL DESC
LABELED LOT A CONVEYS TRACT 1.THE LEGAL DESC FOR LOT B CONVEYS
TRACT 2,AND THE LEGAL DESC FOR LOT D CONVEYS TRACT 4. KRD
3/16/2002 A 2002-FOR 2002 ENTERED FLAG CODE OF 5 FOR EVANS ANNEXATION.PER JACKIE ADM
WE ARE TO ENTER ANY FLAG CODES FROM OLD PARCEL. KRD
4/9/2002 A ADDED LAND FOR 2002/NEW SUB/STILL AG. PAN LAND
5/8/2002 A 2002 CHANGED MAILING ADDRESS AND RESENT NOV. JAT ADM
5/14/2002 A 2002: Judi from GIS noticed the mailing address on this account was west 11th Avenue. I ADM
changed it to street because there is no west 11th Avenue in Greeley. shh
4/3/2003 A UPDATED LAND FOR 2003.PAN LAND
4/27/2004 A 2004-EXCLUSION MILLIKEN FIRE DISTRICT REC#3149874 02/02/2004.CHANGED TAX ADM
AREA FROM 2160 TO 2616.JSW/RGW
12/12/2005 A 2005 INC TO MLKN FIRE BOND 2024 PER NOTICE OF GENERAL OBLIGATION ADM
INDEBTEDNESS.RCD 12/24/03 RCPT 3139066.PARCEL MUST REMAIN IN THIS BOND
UNTIL 2025.This was added to bond 2024 in mass as was previously missed.JSW/BAD
Monday,July 16, 2007 Page 1
ROCKY MOUNTAIN CROSSROADS LLC
5082 E. Hampden Avenue, #316
Denver, CO 80222
July 12, 2007 O
0
IAA " '
`
Steve Mallett
Weld County Assessor's Office EA,%\
1400 N. 17th Avenue 0
Greeley, CO 80631
Re: Petitions for Abatement
Parcel Nos. 095921401004, 095921401002
Dear Steve:
Thank you for your help with the petitions for the above referenced properties.
Both petitions for abatement are enclosed. Please let me know if there is anything else
required. Otherwise, I will anticipate the abatements will be processed.
Sincerely,
0.. Li CC �U LS)�L
Linda Naticchioni
Manager
RECEIVED
JUL 12 2007
WELD COUNTY ASSESSOR
GREELEY, COLORADO
Title: Date: 07-16-2007
Scale: 1 inch = 325 feet File:
Tract 1: 25.124 Acres: 1094392 Sq Feet: Closure=s25.5441e 5.18 Feet: Precision=1/1238: Perimeter=6408 Feet
001=S88.2404W 938.68 008—N77.0723W 666.32 015=s74.4811e 314.56
002=N01.3556W 19.90 009=N01.3248W 57.02 016=s75.2454e 292.59
003=N45.0022W 517.73 010=N62.4950E 299.73 017=n88.5734e 239.91
004—N25.3404W 219.56 011=561.5209E 432.91 018=s01.0552e 561.14
005=S85.4501 W 326.27 012=n59.0155e 597.91
006=S68.4307 W 246.04 013=s84.2253e 396.95
007=S21.1954W 36.07 014=s65.4605e 244.39
HID 11111 IMP II HIM 11111 DIE Hit IIIIIIII
2816495 12/2912000 04:10P JA Sukl Tsukamoto
1 of 20 R 100.00 D 0.00 Weld County CO
12/29/00
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSERVATION EASEMENT is made this 29th
day of December, 2000, by Rocky Mountain Crossroads, LLC, a Delaware Limited
Liability Company,having an address of 5802 West 1 L`h Street, Suite 302, Greely,
Colorado 80634 ("Grantor"), in favor of the City of Evans, Colorado ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real
property in Weld County, Colorado more particularly described in Exhibit A attached
hereto and incorporated by this reference consisting of approximately 30.4 acres(the
"Property"); and
WHEREAS, the Property possesses certain natural, scenic, open space,
educational and/or recreational values(collectively, "Conservation Values")of great
importance to Grantor, the people of Weld County and the people of the State of
Colorado; and
WHEREAS, in particular, the Property provides a riparian habitat to a
variety of wildlife species adapted to an agricultural environment, and a zone of riparian
vegetation along the banks of Ashcroft Draw, the protection of which is essential to
protect the integrity of a significant habitat and ecosystem and the flora and fauna it
supports; and
WHEREAS, the specific Conservation Values of the Property are further
documented in an inventory of relevant features of the Property on file at the offices of
Grantee and incorporated by this reference ("Baseline Documentation"),which consists of
reports,maps,photographs, and other documentation that the parties agree provide,
collectively, an accurate representation of the Property at the time of this grant and which
is intended to serve as an objective, though nonexclusive, information baseline for
monitoring compliance with the terms of this grant; and
WHEREAS, Grantor intends that the Conservation Values of the Property
be preserved and maintained by permitting only those land uses on the Property that do
not significantly impair or interfere with them, including, without limitation, those land
uses related to the Grantor's reservation of the right to access the Property.
WHEREAS, Grantor further intends, as owner of the Property, to convey
to Grantee the right to preserve and protect the Conservation Values of the Property in
perpetuity;while retaining control of the Property and the responsibility to maintain the
Property(except for the trail and any improvements to the Property made by the City);
and
t111111111111111111H111111111111111111III IIIIIIli! IIII
2816495 12/29/2000 04:10P JA Suki Tsukamoto
2 of 20 R 100.00 D 0.00 Weld County CO
WHEREAS, Grantor intends to develop the real estate adjoining the
Property in compliance with applicable ordinances and regulations of the City of Evans;
and
WHEREAS, Grantee is a home rule municipal corporation and a political
subdivision under the laws of the State of Colorado whose purpose, among others, is to
preserve and conserve natural areas and systems for aesthetic, scientific,charitable and
educational purposes; and
WHEREAS, Grantee agrees by accepting this grant to honor the stated
intention of Grantor and to preserve and protect in perpetuity the Conservation Values of
the Property for the benefit of this generation and generations to come.
NOW, THEREFORE, in consideration of the above and the mutual
covenants, terms, conditions, and restrictions contained herein, and pursuant to Title 38,
Article 30.5 entitled Conservation Easements of the Colorado Revised Statutes (the
"Colorado Act"), Grantor hereby voluntarily grants and conveys to Grantee a
conservation easement in gross 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 natural condition and to prevent any
use of the Property that will significantly impair or interfere with the Conservation Values
of the Property. Grantor intends that this Easement will confine the use of the Property to
such activities, including, without limitation, those involving the reasonable maintenance
of such structures and facilities as do presently exist, and the future construction, repair,
replacement or maintenance of such additional structures and facilities, as are not
inconsistent with the purpose of this Easement. Neither Grantor nor Grantee intend that
Grantee assume any obligation under this Easement to maintain the oil/gas well land
located on the Property. Grantee will assist Grantor in qualifying and maintaining this
Easement as a qualified conservation easement in accordance with Section 170 (a) and(h)
of the Internal Revenue Code and the regulations promulgated thereunder and,
notwithstanding any other provision of this Easement, will not take any action which
would disqualify this Easement from treatment as such a qualified conservation easement.
2. Rights of Grantee. To accomplish the purpose of this Easement
the following rights are conveyed to Grantee by this Easement:
(a) To preserve and protect the
Conservation Values of the Property; and to observe
and study nature and to make scientific and
educational observations and studies in such a
manner as will not disturb the Property, the Grantor
or the adjoining land owners;
(b) To enter upon the Property at reasonable
11111111111111111111111111111111111111111111111 I I I I I I I I
2816495 12/29/2000 04:10P JA Suki Tsukamoto
3 of 20 R 100.00 0 0.00 Weld County CO
times in order to monitor compliance with and
otherwise enforce the terms of this Easement in
accordance with Section 6;provided, that, except in
cases where Grantee determines that immediate
entry is required to prevent, terminate, or mitigate a
violation of this Easement, such entry shall be upon
prior reasonable notice to Grantor, and provided
further, that Grantee shall not in any case
unreasonably interfere with Grantor's or the
adjoining land owner's use and quiet enjoyment of
the Property;
(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 maybe
damaged by any inconsistent activity or use,
pursuant to the remedies set forth in Section 6;
(d) To use the Property for limited
recreational purposes of observing the natural and
scenic values of the Property(including the
construction of the improvements described on
Exhibit B hereto) to the extent that will not disrupt
or otherwise adversely affect the Conservation
Values and to the extent consistent with maintaining
the Property in its natural state; and
(e) To reestablish native grasses and
other plants on portions of the Property and to plant
additional native trees; and
(f) To install and maintain a public
sewer under a twenty-five(25) foot width
designated by Grantee and reasonably acceptable to
Grantor; provided that promptly after installing or
maintaining the sewer, Grantee shall restore the
surface to its natural condition.
3. Prohibited Uses. Any activity on or use of the Property
inconsistent with the purpose of this Easement is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are expressly prohibited:
3.1 Buildings. Except as specifically provided herein, there
shall be no construction or placing of buildings, mobile homes,
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advertising signs, billboards, other advertising material, or other
structures on the Property.
3.2 Topography. There shall be no excavating(except as may
be reasonably required for the installation and maintenance of the
sewer described in Section 2(f)above),mining or drilling, or
removal of any topsoil, sand, gravel, rock, minerals, or other
materials. There shall be no change in the topography of the land
in any manner.
3.3 Dumping. There shall be no dumping of trash, ashes,
garbage or other unsightly or offensive material, especially
including any hazardous waste or toxic waste.
3.4 Water. There shall be no manipulation or alteration of
natural water courses, lake shores,marshes, or other bodies of
water or activities or uses of the Property detrimental to water
purity or quality.
3.5 Plowing. There shall be no tilling of any land. There shall
be no spraying with pesticides, insecticides or herbicides.
3.6 Roads. There shall be no new roads built other than
pedestrian trails built to City of Evans standards.
3.7 Vehicles. There shall be no operation of snowmobiles,
dune buggies, motorcycles, all-terrain vehicles or any other types
of motorized vehicles except in conjunction with authorized
activities as set out herein.
3.8 Vegetation. Except in conjunction with authorized
activities and except in areas immediately adjacent to authorized
structures, there shall be no removal, destruction, cutting, mowing
or alteration of any vegetation or change in the natural habitat in
any manner. There shall be no introduction or planting of non-
native species.
3.9 Animals. There shall be no hunting or trapping except as
necessary for ecological management. There shall be no domestic
or exotic animals allowed on the Property.
4. Reserved Rights. Grantor reserves to itself(and to its personal
representatives, heirs, successors, and assigns) all rights accruing from its (or their)
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 and are not
inconsistent with the purpose of this Easement. Without limiting the generality of the
foregoing, and subject to the terms of Section 3, the following rights are expressly
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reserved:
4.1 Nothing herein shall be construed to limit the right to use
the Property for the limited purposes outlined in this Easement and
pursuant to the terms and conditions therein.
4.2 Grantor, or adjoining property owners, may undertake to
develop,property adjoining the Property in compliance with
applicable federal,state and local statutes, ordinances and
regulations.
5. Notice and Approval.
5.1 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
adequate opportunity to monitor the activities in question to ensure
that they are designed and carried out in a manner that is not
inconsistent with the purpose of this Easement. Whenever notice
is required, Grantor shall notify Grantee in writing not less than
twenty(20)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.
5.2 Grantee's Approval. Where Grantee's approval is required,
Grantee shall grant or withhold its approval in writing within thirty
(30) days of receipt of Grantor's written request therefor and unless
Grantee has provided a written response within that 30-day period,
it will be deemed to have granted its approval. 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 or its Comprehensive Plan or would violate its
Municipal Code.
5.3 Approvals Regarding Adjoining Land. The Grantor and
Grantee agree that issuance of building permits for land adjoining
the Property by the appropriate governing agencies will constitute
approval of Grantee. The development of adjoining land will not
be conducted on the Property. Grantee's approval will also include
approval for(1) construction of buildings and related parking areas
and structures; (ii) normal maintenance and improvements of those
structures; and(iii) associated landscaping within and around those
buildings. This Easement is not intended to be in lieu of, and shall
be in addition to, any dedication of adjoining land required by the
•
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Grantee in connection with development of that adjoining land.
6. Grantee's Remedies.
6.1 Notice of Violation; Corrective Action. If Grantee
determines, in its reasonable judgment, that a violation of the terms
of this Easement has occurred or is threatened, Grantee shall give
written notice to Grantor of such violation and demand corrective
action reasonably 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 to its condition prior to the
injury in accordance with a plan approved by Grantee. Said
restoration plan to be reasonable in all manner including cost.
6.2 Injunctive Relief. If Grantor fails to cure the violation
within thirty(30) days after receipt of notice thereof from Grantee,
or under circumstances where the violation cannot reasonably be
cured within a 30-day period, fails to begin curing such violation
within the 30-day period, or fails to continue diligently to cure such
violation until finally cured, Grantee may bring an action at 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, and to require the restoration of the Property
to the condition that existed prior to said violation.
6.3 Scope of Relief. Grantee's rights under this Section 6 apply
equally in the event of either actual or threatened violations of the
terms of this Easement. Grantor agrees that Grantee's remedies at
law for any violation of the terms of this Easement may be
inadequate and that Grantee may be entitled to the injunctive relief
described in Section 6.2,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.
Grantee's remedies described in this Section 6 shall be cumulative
and shall be in addition to all remedies now or hereafter existing at
law or in equity.
6.4 Forbearance. 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.
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6.5 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, acts of third parties, or
from any prudent action taken by Grantor under emergency
conditions to prevent, or mitigate significant injury to the Property
resulting from such causes.
6.6 Damages. Grantee shall be entitled to recover damages for
violation of the terms of this Easement or injury to any
Conservation Values protected by this Easement from the party
causing said violation or injury, including,without limitation,
damages for the loss of scenic, aesthetic,or environmental values.
Without limiting Grantor's liability therefore, Grantee, in its sole
discretion, may apply any damages recovered to the cost of
undertaking such corrective action on the Property. This section
shall in no way make Grantor liable for any costs or damages
arising out of damage to the Property if(i) the damage is caused by
a party other than Grantor, or(ii) if the damage is caused after
Grantor has passed title to a subsequent title holder.
6.7 Costs of Enforcement. All reasonable costs incurred by
Grantee in enforcing the terms of this Easement against Grantor,
including without limitation, costs and expenses of suit and
reasonable attorneys' fees, and any costs of amelioration
necessitated by Grantor's violation of the terms of this Easement
shall be borne by Grantor; provided, however, that if Grantor
ultimately prevails in a specific enforcement action Grantee shall
bear Grantor's reasonable costs. This section shall in no way make
Grantor liable for any costs related to damage to the Property if(i)
the damage is caused by a party other than Grantor, or (ii) if the
damage is caused after Grantor has passed title to a subsequent title
holder.
7. Costs,Liabilities, Taxes, and Environmental Compliance.
7.1 Costs, Legal Requirements, and Liabilities. Grantor
hereby assumes all responsibilities and shall bear all costs and
liability of any kind related to the ownership, operation, upkeep,
and maintenance of the Property(except for trail and other
improvements made by Grantee) including the maintenance of
adequate liability insurance coverage during the development of
land adjoining the Property. Grantor remains solely responsible for
obtaining any applicable governmental permits and approvals for
any construction or other activity or use of adjacent properties,
which shall be undertaken in accordance with all applicable
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federal, state, and local laws,regulations, and requirements.
7.2 Taxes. Grantor shall pay before delinquent 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.
7.3 Representations and Warranties. Grantor represents and
warrants that, to its knowledge:
(a) No substance defined, listed, or
otherwise classified pursuant to any federal, state, or
local law, regulation,or requirement as hazardous,
toxic,polluting, or otherwise contaminating to the
air, water, or soil, or in any way harmful or
threatening to human health or the environment
exists or has been released, generated, treated,
stored, used, disposed of, deposited, abandoned, or
transported in, on, from, or across the Property;
(b) There are not now any underground storage
tanks located on the Property,whether presently in
service or closed, abandoned, or decommissioned,
and no underground storage tanks have been
removed from the Property in a manner not in
compliance with applicable federal, state, and local
laws, regulations, and requirements;
(c) Grantor and the Property are in compliance
with all federal, state, and local laws,regulations,
and requirements applicable to the Property and its
use; and
(d) No civil or criminal proceedings or
investigations have been instigated at any time or
are now pending, and no notices, claims, demands,
or orders have been received, arising out of any
violation or alleged violation of; or failure to
comply with,any federal, state, or local law,
regulation, or requirement applicable to the Property
or its use, nor do there exist any facts or
circumstances that Grantor might reasonably expect
to form the basis for any such proceedings,
investigations, notices, claims, demands, or orders.
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7.4 Control. Nothing in this Easement shall be construed as
giving rise, in the absence of ajudicial decree, to any right or
ability in Grantee to exercise physical or managerial control over
the day-to-day operations of the Property, or any of Grantor's
activities on the Property, or otherwise to become an operator with
respect to the Property within the meaning of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended("CERCLA"), and Colorado Revised Statutes
Section 25-15-101 et seq.;
7.5 Hold Harmless. Grantor hereby releases and agrees to hold
harmless, indemnify, and defend Grantee and its respective
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
any and all liabilities, penalties, fines,charges, costs, losses,
damages, expenses, causes of action, claims, demands, orders,
judgments, or administrative actions, including, without limitation,
reasonable attorney's 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 to the action or inaction of any of
the Indemnified Parties; (2) the violation or alleged violation or
other failure to comply with, any state, federal, or local law,
regulation,or requirement including, without limitation, CERCLA
and Title 25 Health-Environmental Control of the Colorado
Revised Statutes by any person other than any of the Indemnified
Parties, in any way affected, involving or relating to the Property;
and(3) the presence or release in, on, or about the Property, at any
time, of any substance now or hereafter defined, listed, or
otherwise classified pursuant to any federal, state, or local law,
regulation, or requirement as hazardous, toxic, polluting, or
otherwise contaminating to the air, water,or soil, or in any way
harmful or threatening to human health or the environment, unless
caused solely by any of the Indemnified Parties.
7.6 Matters Involving Third Parties. If the Indemnified
Parties shall become aware of any matter which may give rise to a
claim for indemnification against the Grantor under this Section,
then the Indemnified Party shall notify the Grantor promptly
thereof; provided however, that no delay on the part of the
Indemnified Parties in notifying the Grantor shall relieve the
Grantor from any liability or obligation hereunder unless (and then
solely to the extent)the Grantor thereby is damaged as a result of
such failure. In the event the Grantor notifies the Indemnified
Parties within fifteen (15) days after the Indemnified Parties have
•
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given notice of the matter that the Grantor is assuming the defense
thereof, (i) the Grantor will defend the Indemnified Parties against
the matter with counsel of Grantor's choice reasonably
satisfactorily to the Indemnified Parties; (ii)the Indemnified
Parties may retain separate co-counsel at their sole cost and
expense(except that the Grantor will be responsible for the fees
and expenses of the separate co-counsel to the extent the
Indemnified Parties reasonably conclude that the counsel the
Grantor has selected has a conflict of interest); (iii)the Indemnified
Parties will not consent to the entry of any judgment or enter into a
settlement with respect to the matter without the written consent of
the Grantor(not to be unreasonably withheld); and(iv) the Grantor
will not consent to the entry of any judgment with respect to the
matter, or enter into any settlement which does not include a
provision whereby the plaintiff or claimant in the matter releases
the Indemnified Parties from all liability with respect thereto,
without the written consent of the Indemnified Parties (not to be
unreasonably withheld). In the event the Grantor does not notify
the Indemnified Parties within fifteen (15)days after the
Indemnified Parties have given notice of the matter that the
Grantor is assuming the defense thereof, and/or in the event the
Grantor shall fail to defend such claim actively and in good faith,
then the Indemnified Parties may defend against, or enter into any
settlement with respect thereto, the matter in any manner they
reasonably may deem appropriate.
8. Extinguishment and Condemnation.
8.1 Valuation. The Grantor agrees that this Easement gives rise
to a property right, immediately vested in the Grantee, with a fair
market value that is at least equal to the proportionate value that
the Easement, at the time of this gift,bears to the value of the
Property as a whole at this time. The Grantor agrees that this value
is ninety-nine percent(99%)of the total value of the Property. For
purposes of these provisions, that proportionate value of the
Easement shall remain constant. Accordingly, if a change in
conditions give rise to an extinguishment of the restrictions of this
Easement, by agreement of the parties hereto and their successors,
the Grantee on a subsequent sale, exchange or taking of the
Property, shall be entitled to a portion of the proceeds at least equal
to that proportionate value of the Easement, unless state law
provides that the Grantor is entitled to the full proceeds from the
conversion without regard to the tenn of the prior perpetual
conservation restrictions.
8.2 Condemnation. If all or any part of the Property is taken
by exercise of the power of eminent domain or acquired by
Ilrlll IIIII 1111111 0111 11111 111111 III 111111 III III
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purchase in lieu of condemnation, whether by public, corporate, or
other authority, so as to terminate this Easement, in whole or in
part, Grantor and Grantee shall act jointly to recover the full value
of the interests in the Property subject to the taking or in lieu
purchase and all direct or incidental damages resulting therefrom.
All expenses reasonably incurred by Grantor and Grantee in
connection with the taking or in lieu purchase shall be paid out of
the amount recovered. Excepted from this provision shall be the
dedication of twenty(20) feet of additional right of way from the
part of the Property which is immediately adjoined to 37th Street
and to 65°1 Avenue.
8.3 Application of Proceeds. Grantee shall use any proceeds
received under the circumstances described in this Section 8 in a
manner consistent with its conservation purposes,which are
exemplified by this grant.
9. Assignment. This Easement is transferable, but 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(or any successor provision then applicable), and authorized to acquire and hold
conservation easements under the Colorado Act(or any successor provision then
applicable) or the laws of the United States. As a condition of such transfer, Grantee
shall require that the conservation purpose that this grant is intended to advance continue
to be carried out. Grantee agrees to give written notice to Grantor of an assignment at
least twenty(20) days prior to the date of such assignment. The failure of Grantee to give
such notice shall not affect the validity of such assignment nor shall it impair the validity
of this Easement or limit its enforceability in any way.
10. Subsequent Transfers. Grantor agrees to incorporate the terms of
this Easement by reference in any deed or other legal instrument by which the Grantor
divest itself 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.
11. Estoppel Certificates. Upon request by Grantor, Grantee shall
within twenty(20) days execute and deliver to Grantor, or to any party designated by
Grantor, any document,including an estoppel certificate, which certifies, to the best of
Grantee's knowledge, Grantor's compliance with any obligation of Grantor contained in
this Easement or otherwise evidences the status of this Easement. Such certification shall
be limited to the condition of the Property as of Grantee's most recent inspection. If
Grantor requests more current documentation, Grantee shall conduct an inspection, at
Grantor's expense, within thirty(30) days of receipt of Grantor's written request therefor.
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12. 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: Rocky Mountain Crossroads, LLC
5802 West 11`h Street, Suite 302
Greely, Colorado 80634
Telephone: 970-346-3785
Facsimile: 970-346-3785
To Grantee: City of Evans, Colorado
Parks and Recreation
1100 37th Street
Evans, Colorado 80620-2036
Telephone: 970-339-5344
Facsimile: 970-330-3472
Or to such other address as either party from time to time shall designate by written notice
to the other.
13. Recordation. Grantee shall record this instrument in a timely
fashion in the official records of Weld County, Colorado and may re-record it at any time
as may be required to preserve its rights in this Easement.
14. General Provisions.
14.1 Controlling Law. The interpretation and performance of
this Easement will be governed by the laws of the State of
Colorado.
14.2 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 Colorado. If any 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.
14.3 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,
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shall not be affected thereby.
14.4 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. No alteration or variation of this instrument shall be valid
or binding unless contained in an amendment that is executed by
all parties hereto.
14.5 No Forfeiture. Nothing contained herein will result in a
forfeiture or reversion of Grantor's title in any respect.
14.6 Joint Obligation. The obligations imposed by this
Easement upon Grantor shall be joint and several.
14.7 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. The terms
"Grantor"and "Grantee," wherever used herein, and any pronouns
used in place thereof, shall include, respectively, the above-named
Grantor and its personal representatives,heirs, successors, and
assigns, and the above-named Grantee and its successors and
assigns.
14.8 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.
14.9 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.
14.10 Counterparts. The parties may execute this instrument in
one or more counterparts. Each counterpart shall be deemed an
original instrument as against any party that has signed it. In the
event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns
forever.
* * * * *
FIN Ill III II Nu�� 1 IIIII 1�I�111II 11I1��III ill
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IN WITNESS WHEREOF Grantor and Grantee have set their hands on
the day and year first above written.
Grantor:
ROCKY MOUNTAIN CROSSROADS,
LLC n
Bye. f' P b._
ji r) T rte..," It (printed)
Its: (vU✓ ttyv-
STATE OF COLORADO )
) SS:
COUNTY OF WELD )
Before me a Notary Public in and for said County and State,personally
appeared l.)6.4/1k...f• tv n‘.1.-C, who acknowledged the execution of the
foregoing document on behalf of Rocky Mountain Crossroads, LLC. Ps M(erade r,
WITNESS my hand and Notarial seal thi r `10'ay of December, 2000.
My Commission Expires:
iiii .0
2, (0 . K__... of blic
t "'y
I STEWART on t; 'g 4- 4_/
�.�•• ....e01,43 Pri t ame /
OF Residing in County
,-2,4,, •••• •' ••.;f 54xpwAppela,I093 State of I0 MAU•IPt,
t_' S•EAL •: F.
Grantee:
CITk9F EVANS
'•ti QI d F ,
^run' y: 1.'4
im Betz, City C ruse A. ',enhauer
1111111 Diii 1111111 II 111111111111111111 III 111111 III Ills
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STATE OF COLORADO )
) SS:
COUNTY OF WELD
Before me, a Notary Public innd for said County and State, personally
appeared gV(.w' A . &ten ckittlfr acknowledged the execution of the foregoing
document on behalf of the City of Evans,Colorado.
WITNESS my hand and Notafal s 1 hisa.99 iiay of ce er, 2000.
, I
My Commi xp _ADA �j -
otee ��� of u lie "�I
=ISA.N rt�It n �e . 5"t(A--
• StEWAR Print ame
0 41
l'i;;;COSAls. Residing in County
State of 4)10 rktiasupwAJ;
EXHIBIT B
TO
DEED OF CONSERVATION EASEMENT
Grantee may construct the following improvements on the Property, with
Grantor's prior approval of the plans and specifications therefor, solely for the limited
purpose of permitting the recreational use described in Section 7 of the Easement and to
the extent that the natural state of the Property is not significantly altered:
(a) A trail along the south side of the Ashcroft Draw;
(b) Restroom facilities;
(c) Trash receptacles;
(d) Fencing;
(e) Perimeter signage;
(0 Shelter/rest benches along the trail; and
(g) Limited parking.
Grantee shall also be permitted access to the current unpaved maintenance road
111111111111111111II111111111111111111 III111111III (111
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over the eastern portion of the Property which provides access to a well head.
lnlll11111 NMI 11111111111111111111III 111111 III IIII
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LEGAL DESCRIPTION
ALL THAT PART OF THE SEI/4 OF SECTION 21,TSN,R66 W,6"'RM.,COUNTY OF WELD,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21,FROM WHICH THE
Sl/4 CORNER OF SAID SECTION 21 BEARS S88°24'04"W, THENCE N 01°05'52"W, 30.00
FEET ALONG THE EAST LINE OF THE SEI/4 OF SAID SECTION 21 TO A LINE 30.00 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 21
TO THE TRUE POINT OF BEGINNING;
THENCE S88°24'04" W, 938.68 FEET ALONG A LINE 30.00 FEET NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 21;
THENCE N0l°35'56"W, 19.90 FEET;
THENCE N45°00'22"W, 517.73 FEET;
THENCE N25°34'04"W,219.56 FEET;
THENCE S85°45'0 1"W, 326.27 FEET;
THENCE S68°43'07"W, 246.04 FEET;
THENCE S21°I9'54"W, 36.07 FEET;
THENCE N77°07'23"W, 666.32 FEET TO A LINE 30.00 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF THE SE1/4 OF SAID SECTION 21;
THENCE NO!°32'48"W,57.02 FEET ALONG A LINE 30.00 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF THE SEI/4 OF SAID SECTION 21 TO THE NORTHERLY LINE
OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2695230 OF THE
RECORDS OF WELD COUNTY, COLORADO;
THE FOLLOWING EIGHT(8)COURSES AND DISTANCES ARE ALONG THE NORTHERLY
LINE OF THAT TRACT OF LAND AS DESCRIBED AT RECEPTION NO. 2695230;
THENCE N62°49'50"E, 299.73 FEET;
THENCE $61°52'09"E, 432.91 FEET;
THENCE N59°01'55"E, 597.91 FEET;
THENCE S84°22'53"E, 396.95 FEET;
THENCE S65°46'05"E, 244.39 FEET;
G:G1V161\G1161 LEGAL.doc
JIM$11111111111ll111111111111 MIEN 111111111llll
2816495 12/29/2000 04:10P JA Suki Tsukamoto
18 of 20 R 100.00 D 0.00 Weld County CO
THENCE S74°48'11"E,1"E, 314.46 FEET;
THENCE S75°24'54"E 292.59 FEET;
THENCE N88°57'34"E, 239.91 FEET TO THE EAST LINE OF THE SEI/4 OF SAID
SECTION 21;
THENCE SOI°05'52"E, 561.14 FEET ALONG THE EAST LINE OF THE SEI/4 OF SAID
SECTION 21 TO THE TRUE POINT OF BEGINNING.
AREA=25.00 ACRES, MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
LOREN K. SHANKS, PLS 28285
DREXEL BARRELL & CO.
910 54"'AVENUE, SUITE 210
GREELEY, CO. 80634
1. I Ilpl Id Ii,I .! .
1111111 111111111111 11 1111111 11111 111111 III 111111 I I I I I I I
2816495 12/29/2000 04:101' JA Suki Tsukamoto
19 of 20 R 100.00 0 0.00 Weld County CO
LEGAL DESCRIPTION
ALL THAT PART OF THE SE1/4 OF SECTION 21,T5N,R66W,6m P.M.,COUNTY OF WELD,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21,FROM WHICH THE
S1/4 CORNER OF SAID SECTION 21 BEARS S88°24'04"W, THENCE N O1°05'52"W, 30.00
FEET ALONG THE EAST LINE OF THE SE 1/4 OF SAID SECTION 21 TO A LINE 30.00 FEET
NORTH AS MEASURED AT RIGHT ANGLES FROM AND PARALLEL WITH THE SOUTH
LINE OF THE SE1/4 OF SAID SECTION 21 AND A POINT HEREINAFTER KNOWN AS
"POINT A", THENCE S88°24'04"W, 938.68 FEET ALONG SAID LINE; THENCE
NO1°35'56"W, 19.90 FEET; THENCE N45°00'22"W, 517.73 FEET; THENCE N25°34'04"W,
219.56 FEET; THENCE S85°45'01"W, 326.27 FEET; THENCE S68°43'07"W, 246.04 FEET;
THENCE S21°19'54"W,36.07 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING S21°19'54"W, 247.72 FEET;
THENCE S54°13'49"E, 120.53 FEET;
THENCE N59°34'49"E, 150.75 FEET;
THENCE S01°35'56"E, 236.84 FEET TO A LINE 30.00 FEET NORTH AS MEASURED AT
RIGHT ANGLES FROM AND PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF SAID
SECTION 21 AND A POINT FROM WHICH"POINT A"BEARS N88°24'04"E, 1823.93 FEET;
THENCE S88°24'04"W, 312.04 FEET ALONG A LINE 30.00 FEET NORTH AS MEASURED
AT RIGHT ANGLES FROM AND PARALLEL WITH THE SOUTH LINE OF THE SE1/4 OF
SAID SECTION 21;
THENCE N24°15'44"E,357.62 FEET;
THENCE S88°24'04"W, 326.95 FEET TO A LINE 30.00 FEET EAST AS MEASURED AT
RIGHT ANGLES FROM AND PARALLEL WITH THE WEST LINE OF THE SE1/4 OF SAID
SECTION 21;
THENCE N01°32'48"W,302.03 FEET ALONG A LINE 30.00 FEET EAST AS MEASURED AT
RIGHT ANGLES FROM AND PARALLEL WITH THE WEST LINE OF THE SEl/4 OF SAID
SECTION 21 TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS
S77°07'23"E;
THENCE S77°07'23"E, 666.32 FEET TO THE TRUE POINT OF BEGINNING.
AREA=5.403 ACRES MORE OR LESS.
LEGAL DESCRIPTION PREPARED BY:
LOREN K. SHANKS, PLS 28285
(it ird (.I Inl I 1 (..11 .La
DREXEL BARRELL & CO.
910 54"' AVENUE, SUITE 210
GREELEY, CO. 80634
MOM IIIIIIEN11 MEN 11111 MOM III1111II1111
2816495 12/29/2000 04:10P JA Said Tsukamoto
20 of 20 R 100.00 D 0.00 Weld County CO
t.. tillhi ( Iii I IAi \I dot
CLERK TO THE BOARD
PHONE (970)3364215, EXT. 4225
FAX: ( 352
FAX: (970) 352-0242
P.O. BOX 758
' GREELEY, COLORADO 80632
C.
COLORADO
September 18, 2007
Rocky Mountain Crossroads, LLC
5082 East Hampden Avenue, #316
Denver, CO 80222
RE: SCHEDULE NUMBER R1356102
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: EVS RMC Tract 4, Rocky Mountain
Crossroads. The meeting is scheduled for October 15, 2007, at 9:00 a.m., in the First Floor
Meeting Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing, however, this is your opportunity to have your position heard, especially if
your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact Esther Gesick
at(970) 336-7215, extension 4226.
Sincerely,
n' 01,1 c
1,C0.
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
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