HomeMy WebLinkAbout20052469.tiff AN-08-2005 4ET) 38:28 AM NATCC NORTH FAX N0. 9714829969
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WARRANTY DEED
THIS DEED, made on 08/15/02
between 2 West Development, Inc,
of the County of Lariwer and
state of Colorado , grantor. ana
✓✓✓ Delmer Z. Ziegler and Darrel Adolf
' exnO6e legal address is 565 East and Avenue
Eet,me, CO 80805
of the County of Lorimer and State of Colorado • grant:
wnnnstrTW, that the grantor. for and in consideration of the sum of
No hundred fifty thousand dollars and no cents COLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantee, his heirs and assigns forever, all cite real property, together with improvements. if
any, situate, lying and being in the County of Weld
and state of Colorado described as foliose:
Lot A, 9 and C , Recorded Exemption `3o. 0453-29-1-RE-2940, as Recorded February 27,
2001, at ?.sorption No. 2829558, being a part of the 8E 1/4 of Section 29, Township 9
Worth, Range 67 West of the 5th P.M., County of Weld, State of Colorado.
I •
as known by screen and lumbers as: TED Weld County Read 17
Nunn, CO 60648
40OYEER with all and singular the hereditanenta and appurtenances thereto belonging, or
in anywise appertaining and the reversion and reversions. remainder ani remainders, rents,
^ issues and Trot!ts thereof, and all the estate, right, title. interest. claim and demand
whatsoever of the grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditamenta and appurtenances.
TO SAVE AND TO SOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself.
his hears. and personal reotesencativea. does novenant, grant, bargain, and agree co and -with
the grantee. his heirs and assigns, that at the time of the enseaiiug and delivery of these
presence, he is well seined of the premises above conveyed, had good, sure, perfect, abaolute
and indefeasible estate of inheritance, in law. In fee simple and has good right, Cull power
and lawful authority to grant, bargain, sell and convey the same to manner and fora asl
aforesaid. and that the same are free and clear from all former and other grants, bargains,
sales liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature!
acever, except for general taxes and assessments for the year 2002 and
subsequent years? and subject to cabement3, covenants, reservations,
restrictions and rights of way of record. Together with Exhibit '.S'
exceptions Continued which is incorporated herewith by mention;
The grantor shall and will ?ARRANT AND a)REVER DEFEND the above-bargained premises in the!
quiet and peaceable possession of the grantee, his nears and assigns, against all and every'
person or persons lawfully claiming the whole of any part thereof. The singular number shall
include the plural, the plural the singular, and one ese of any gender anal. be applicable t
all genders.
IR w2TEis9 sOV t.o tor has ex rated this deed on the date set forth above.
ZiN Cevel G' ?a
By: Fred Ziegler 'hides
STATE aF Colorado t�;'y t Wf
} SS, to J:S
County of Latimer •ca 2,:
The foregoing instrument was acknowledged before ma this 15th Augugeia 2002
by Fred Ziegler, President, Z Neat Deveiapnlent, Inc, (p"•'
xitnacs my hand and oLulr * p
1 my calrniesto lei 35/13/04
a nol
„5585 Tr3
f ":W •3,;, enty Piotogra:n. ',runt)
•,ealll u+i1LL'.W^_L6 COMPANY
SKLD ilA _G,1C2.7,:29 '9E 2979679-2002.'001
2005-2469
JUN-J8-2005 TED 08:38 ay NATCO NORTH FAX NO. 9704822962 P. 13
. ,
EXHIBIT"h"EXCEPTIONS CONTINUED
Reserving to said union Pacific Railroad Company, its successors and assigns. (1)
ail oil_, coal and other minerals, within or underlying said lards; (2) the
exclusive right to prospect in and upon said land, for oil, uoal and ocher minerals
therein or which may he supposed to be therein and to mine for and remove from said
land, all roll. coal, and other minerals therein or which may oe supposed to ha
therein and to mine for and remove from said land, all oil, coal, and other minerals
which may he found thereon by anyone; (3) the rignt of ingress and regress upon
raid land to prospect for mina and remove any and all such oil, coal and other
minerals, and the right to use so much of said land as may be convenieut or
necessary for the right of way to and from such prospect places or mines, and for
she convenient and proper operation of such prospect places, mines, and for fonds.
and approaches thereto or for removal therefrom of oil and coal, mineral, machinery
or other material; 14) the right of maid Union Pacific Railroad Company Co
maintain and operate its railroad in its present form of construction, and to make
any change In the form of construction, or method of operation of said railroad all
as reserved In Deed recorded September 19, 1207. in nook 273 at Page 110.
A right of way easement granted to the Nunn Telephone Company in the instrument
recorded September 23, 1980 in Book 313 at Reception No. 1836938.
Telma, conditions. provisions, agreements, and obligations :pacified under rho
Agreement recorded March 20, 199"1 in Stook 1150 at Reception No. 2092532.
1/2 interest :n all oil, gas and/or other minerals as reserved by Deed recorded
October 27, 1395 at Reception No. 2412774, and any and all assignments thereof or
interests therein.
iTUINIIIIoIII ICI INI!I®
2/7917! OVID= 0223P waft Canto,CD _.
2 0f 2 RIDE D 20.00 J.A."3ald"Tookorob
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7:::� cant land
Lwest,Inc.to land /Molt
Va
Weld County
E.--
SALD NA :0, :02.7.229 NE 2.979679-2002.002
06/27/05 08:52 PSI 3531984 WELD COUNTY CLERK & REC X003
o'clock —M.on Book Pao.
A*2.412774 - —$412%-4 1465 P-104 ,;27/`w 03:50P PG I OF : REC
Mary Ann reuerNte In WWeVarr ejtd�Coo.., Clerk & Recorder 5.00 6.04
am"- idy4DCPel-
This DEEG'a a conveyance o1 1M real P.eeeny dableed Delon..mending g any ImprevemaN.and Gtr aopu lenancea It..
'mope'ty'I Iron temdivioua(sl,corporation(4).Ynnrmlp(e),crotheremdy(In)Atnedbdowa GRANTOR role indMCual(sl
Or enthyliesl named below as GRANTEE.
The GRANTOR resew saw and conveys the emptily to Me GRANTEE and the GRANTOR warrants me Ine tote property.
escepl for(i)the hen el fie Omer*,prootN taxes for the yaw of Mb deed.which the GRANTEE will pay i2)any eaaemanle and
rlghb+riwey shown of record(3)any went easervaponi and noephone 141 my outstanding menu remain shorn of record(5)
arty arresGne covenants and restn YOIR shown of rrall,and fe)any eddtiOMI matters Moon below under'Additonei Warranty
Except ere'.
The Specific Terms of This Wiest Ate
Grantor. ore nameol arts Wrap 101 inn of tee scene re the wnerormlors Marlon in rots Oar to storm Sa awaerylx.,dankly
gramma as rwWwre and'.,w.l
Min P. ROMAN TRIAT, AN @DIVIDED 1/2 NCI:REsrrr AND ROTH N. 111022018, AN
UNDIVIDED 1/2 INTEREST
2406 Roaeccai Lane; Fort Collins. Colorado 80525
comae loin meets)and edarnalesi,:Wessel el admr...,Wtn9 craned.render.hen'thaw,.s reeved.)
JAMES L. BARNES
2862 Deming Boulevard; Cheyenne, Wymung 82001
Fond d:0-0wnecWdp' Ill owe noneer nut ernes weed.they am beemaiMrrm era r meanie incannon lerrndw.rde 5n
IoM IawaI%'0r wort 01 me ears waning as added It le ap.a!Mow)
TEAAtnr Its SE ERALITl
P roperly Oesaripllolk IlnlNde OO nip and mm I
The Fast 1340 feet of the East Half (81/2) of Section Parr (4), Tamship Eight
(8) North, Range Sixty-seven (67) West of the 6th P.M., Dainty of Weld, State of
Colorado.
The rbrthaast Quarter (1831/4) of Section Twenty-nine (29), in 'Itvmsttip Nine (9)
North Hangs Sixty-semen (67) West of the 6th P.M., County of Weld, State of
Colorado.
Mao conveys 1/2 interest is all mineral rights.
Property Atdre*e Vault Land
/ eonaidefallolr ITM iWmmmt01*deaaranmlmvtWlonal.anunacaMOMelar lx lin deode•d be maven unhr1lwcoawgandel
Q taxed w.can ,n any rare ma mmlMau N rwrrre Ina ane urcrgmenal.l
le sunTED(7SI}D THREE SENDRED NIN8TI-FIVE AND NO/10079S"-($60,395,00)--LOLLARS
Reean>Weru,RestncYlorle ill Ins GRANTOR mimes la mom.ayminasl T Me 'WIwv Mm than ha mina. dIMGRANTOR
n w nnxg me GRANTEE'S^Inn in nor giant.axle eryralma• calm.
Reeenetims, restrictions, Covenants. caditicns, leash, tenancies, agreeeents,
)xdlding & zoning regulations, ens ants and/or rights-of-ay, apparent or of
• record
9. Adeabaef Warranty Eaeepaens: Include ones el nun demo amens ma other nullm nor urn mote I
as
General SaoLartY tame and/or n(Eeaal asmmee.rane=/irlpxt7+mleT:tr., whether currently
• assessed or not, for the currant year and all salaa7umt years
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tN — 3H N. N(z'e6�— TTa
RUTH N. SISE Gann
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STATE OF COLORADO
COUNTY OF -.kr Ira
Weld
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ar RUTH N. BYRON. ".i•I :-.;T 1:fee. i�.e r ROthi, 'II1{S. TMJSI E
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DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT (the "Deed") is made by Darrell
Adolf and Delmer Ziegler, whose address is 3800 G.W. Bush Wellington, Colorado
80549 ("Grantor(s)"), to the Board of County Commissioners of the County of Weld, a
political subdivision of the State of Colorado, whose address is P.O. Box 758, 915 10th
Street, Greeley, Colorado 80632 as Grantee, ("County").
WITNESSETH THAT:
WHEREAS, Grantor(s) are the owners in fee simple of certain real property in
Weld County, Colorado, more particularly described as Lot C RE-2940, being a
portion of the NE 1/4 of Section 29, T9N, R67W of the 6th P.M., County of Weld
County, State of Colorado in Sheet '1' & '2' as Antelope Estates Cluster PUD Change
of Zone, PZ 604 which is attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property possesses wildlife viewing and habitat, agricultural,
open space and scenic values of great importance to Grantor(s), the people of Weld
County and the people of the State of Colorado; and
WHEREAS, Grantor(s) intend that the Property be maintained in its present
condition by the maintenance of the agricultural values thereof and that the
wildlife viewing and habitat open space and scenic values of the Property be
preserved by the continuation of the current use or any agricultural and/or
ranching uses that have proven historically compatible with such values; and
WHEREAS, Grantor(s) intend, as owners of the Property, to convey to County
the right to preserve and protect the present use, open-space, wildlife viewing and
habitat, and scenic values of the property for 40 Years through this Deed of Agricultural
Conservation Easement and Development Rights from Grantor(s); and
WHEREAS, the County of Weld (the "County") desires to assist the Grantor(s) in
accomplishing such goals by accepting this Deed of Conservation Easement and
Development Rights from Grantor(s), and thereby to honor the intentions of Grantor(s)
to preserve and protect for 40 Years the present use, wildlife viewing and habitat, open
space and scenic values of the Property; and
NOW, THEREFORE, for good and valuable consideration, and in consideration
of the mutual covenants, terms, conditions, and restrictions contained herein, and
pursuant to the laws of the State of Colorado including, inter-alia, C.R.S. §§ 38-30.5-
101, et. seq., Grantor(s) do hereby voluntarily grant to County an Conservation
Page 1 of 8 Pages
Antelope Estates PZ 604
Easement in gross for 40 Years over the Property of the nature and character and to
the extent hereinafter set forth (the "Easement"). Grantor(s) also grant to County
certain development rights associated with the Property as hereinafter described.
1. Purpose. It is the purpose of this Easement to enable the Property to remain in
agricultural use for the production of food and fiber by preserving and protecting
for 40 Years its present use, open space, character, use and utility, and to
prevent any use of the Property that would significantly impair or interfere with its
present use, open space, values, character, use or utility. Furthermore, the
preservation of the wildlife viewing and habitat, open space and scenic values of
the Property is consistent with such use and it is also within the purpose of this
Easement to protect those values.
2. Affirmative Rights and Interests Conveyed. To accomplish the purpose of this
Easement, the following rights and interests are conveyed to County by this
Easement:
a. To identify, to preserve and to protect for 40 Years the wildlife viewing and
habitat, agricultural values, character, use and utility, including the soil and water
quality, and the open space and scenic values of the Property. (The agricultural values,
character, use and utility, wildlife viewing and habitat, and the open space and scenic
values of the property are hereinafter referred to collectively as "the protected values.")
b. To enter upon, inspect, observe, and study the Property for the purposes
of (1) identifying the current uses and practices thereon and the baseline condition
thereof, and (2) monitoring the uses and practices regarding the Property to determine
whether they are consistent with this Easement. Such entry shall be permitted upon
prior notice to Grantor(s), and shall be made in a manner that will not unreasonably
interfere with Grantor(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 may be damaged by any inconsistent activity or use. However, it is
the intention of this Easement not to limit Grantor(s)' discretion to employ their choices
of farm and ranch uses and management practices so long as those uses and practices
are consistent with the purpose of this Easement.
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
the Property is protected by County. The wording of the information shall be
determined by County, but shall clearly indicate that the Property is privately owned and
not open to the public. County shall be responsible for the costs of erecting and
maintaining such sign or marker.
e. Subject to Grantor(s)' consent, which shall not be unreasonably
Page 2 of 8 Pages
Antelope Estates PZ 604
withheld, to create wetlands, not inconsistent with this easement, at County's expense.
County shall be responsible for engineering, construction and regulatory approvals.
f. To hold the development rights to obtain zoning and subdivision or PUD
approval to create a parcel less than 35 acres in size including any portion of this
easement provided, however, grantor shall not be precluded from including in a zone
change and subdivision or PUD provided the applications or approvals do not purport to
authorize uses inconsistent with this easement.
3. Uses and Practices. County and Grantor(s) intend that this Easement shall
confine the uses of the Property to agriculture, ranching, wildlife viewing and
habitat, and/or the other uses which are described herein. Examples of uses
and practices which are consistent with the purpose of this Easement, and which
are hereby expressly permitted, are set forth in Exhibit "C," attached hereto and
incorporated herein by this reference. Examples of uses and practices which are
inconsistent with the purpose of this Easement, and which are hereby expressly
prohibited, are set forth in "D" attached hereto and incorporated herein by this
reference. The uses and practices set forth in Exhibits C and D are not
necessarily exhaustive recitals of consistent and inconsistent activities,
respectively. They are set forth both to establish specific permitted and
prohibited activities, and to provide guidance in determining the consistency of
other activities with the purpose of this Easement.
4. Baseline Data. In order to establish the present condition of the Protected
Values, County has examined the Property and prepared a report (the "Baseline
Documentation Report") 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 has been
provided to Grantor, and another shall be placed and remain on file with the
Clerk to the Board of County Commissioners of the County. The Baseline Data,
in the alternative, may consist of video or photographic documentation prepared •
by one of the parties and accepted as accurate by the non-preparing party. The
Baseline Documentation Report, if written, has been signed by Grantor(s) and
County, and thus acknowledged accurately to represent the condition of the
Property at the date of the conveyance of this Easement. The parties intend that
the Baseline Data shall be used by County to monitor Grantor(s)' future 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 or a particular
resource thereof, the parties shall not be foreclosed from utilizing any other
relevant document, survey, or report to assist in the resolution of the controversy.
Grantor(s) and County recognize that changes in economic conditions, in
agricultural technologies, in accepted farm and ranch management practices,
and in the situations of Grantor(s) may result in an evolution of agricultural uses
of the Property, provided such uses are consistent with this Easement.
Grantors reserve the right to discontinue all farm, ranch & agricultural
uses. The property is currently Conservation Reserve Program and therefore is
Page 3 of 8 Pages
Antelope Estates PZ 604
not currently being used for farm or ranch purposes.
5. Reserved Rights. Grantor(s) reserve to themselves, and to their personal
representatives, heirs, successors, and assigns, all rights accruing from 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, the following rights are expressly
reserved: (I) all right, title, and interest in and to all tributary and 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; and (ii) opportunity to apply for
and obtain a Planned Unit Development or subdivision approval from the County
or municipality with jurisdiction, so long as said applications do not seek uses
inconsistent with the provisions of this easement and County has been provided
notice of said proceedings.
6. Arbitration. If a dispute arises between the parties concerning the consistency
of any proposed use or activity with the purpose of this Easement, and
Grantor(s) agree not to proceed with the use or activity pending resolution of the
dispute, either party may refer the dispute to arbitration by request made in
writing upon the other.
7. County's Remedies. If County determines that Grantor(s) are in violation of the
terms of this Easement or that a violation is threatened, County shall give written
notice to Grantor(s) of such 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. If Grantor(s) fail to cure the
violation within thirty (30) days after receipt of notice thereof from County, or
under circumstances where the violation cannot reasonably be cured within a
thirty (30) day period, fail to begin curing such violation within the thirty (30) day
period, or fail to continue diligently to cure such violation until finally cured,
County 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, to recover any damages to which it may be entitled for
violation of the terms of this Easement or injury to any protected 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 County, in its
sole discretion, determines that circumstances require immediate action to
prevent or mitigate significant damage to the protected values of the Property,
County may pursue its remedies under this paragraph without waiting for the
period provided for cure to expire. County's rights under this paragraph apply
equally in the event of either actual or threatened violations of the terms of this
Easement, and Grantor(s) agree that County's remedies at law for any violation
of the terms of this Easement are inadequate and that County shall be entitled to
Page 4 of 8 Pages
Antelope Estates PZ 604
the injunctive relief described in this paragraph, both prohibitive and mandatory,
in addition to such other relief to which County may be entitled, including specific
performance of the terms of this Easement, without the necessity of proving
either actual damages or the inadequacy of otherwise available legal remedies.
County'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.
7.1 Costs of Enforcement. Any costs incurred by County in enforcing the
terms of this Easement against Grantors, including, without limitation, costs of
suit and attorneys' fees, and any costs or restoration necessitated by Grantors'
violation of the terms of this Easement shall be borne by Grantors. If Grantors
prevail in any action to enforce the terms of this Easement, Grantors' costs of
suit, including, without limitation, attorneys' fees, shall be borne by County.
7.2 County's Discretion. Enforcement of the terms of this Easement shall
be at the discretion of County, and any forbearance by County to exercise its
rights under this Easement in the event of any breach of any term of this
Easement by Grantors shall not be deemed or construed to be a waiver by
County of such term or of any subsequent breach of the same or any other term
of this Easement or of any of County's rights under this Easement. No delay or
omission by County in the exercise of any right or remedy upon any breach by
Grantors shall impair such right or remedy or be construed as a waiver.
7.3 Acts Beyond Grantors' Control. Nothing contained in this Easement
shall be construed to entitle County to bring any action against Grantors for any
injury to or change in the Property resulting from causes beyond Grantors'
control, including, without limitation, fire, flood, storm, and earth movement, or
from any prudent action taken by Grantors under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such
causes.
8. Costs and Taxes. Grantors retain all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep and
maintenance of the Property. Grantors shall pay any and all taxes,
assessments, fees and charges levied by competent authority on the Property or
on this Easement; provided however there shall be no personal liability on the
part of the Grantors for payment of taxes & assessments. It is intended that this
Easement constitute an enforceable restriction within the meaning of C.R.S. §§
38-30.5-101, et. seq.
9. Hold Harmless. Grantors shall hold harmless, indemnify, and defend County
and its 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,
Page 5 of 8 Pages
Antelope Estates PZ 604
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, except to
the extent of the adjudicated proportionate fault of any of the Indemnified
Parties; (2) the obligations specified in Paragraph 8.
10. 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 in
accordance with paragraph 2 d herein, in which case, the right of access shall be
limited to the area described in paragraph 2.d.
11. 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, and the amount of the compensation to which County
shall be entitled 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 12.
12. Compensation. This Easement constitutes a real property interest immediately
vested in County. For the purpose of paragraph 12, the parties stipulate that this
Easement has a fair market value determined by multiplying (i) the fair market
value of the Property unencumbered by the Easement (minus any increase in
value attributable to improvements made after the date of this grant), by (ii) the
ratio of the value of the Easement at the time of this grant to the value of the
Property, unencumbered by the Easement, at the time of this grant.
For the purposes of this Paragraph 12, Grantor and County agree that the ratio
of the value of the Easement to the value of the Property unencumbered by the
Easement is 1:2. This ratio shall remain constant.
13. Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, County shall be entitled to compensation in
accordance with applicable law.
14. Assignment of County's Interest. County may assign its interest in this
Easement only to a "qualified organization," within the meaning of Section
170(h) of the Internal Revenue Code of 1954, as amended, or any successor
provision, and which is authorized to acquire and hold conservation easements,
under applicable law, upon obtaining the prior written consent of Grantor(s). Any
assignment without such consents shall be void and of no effect. Such consents
shall not be unreasonably withheld by Grantor(s).
Page 6 of 8 Pages
Antelope Estates PZ 604
15. 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 not
withstanding, 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 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 shall result in a forfeiture or
reversion of Grantors title in any respect.
,
'V. .. „K . '_. .
f. Joint Obligation. The obligations imposed'by this Easement upon
Grantor(s) shall be joint and several. ' • • ' •
• 1-' .:. !.
g. 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 for 40 Years with the Property. ; e.
h. 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.
i. Future Conveyance'. Grantor(s) agree that reference to this Deed will'be
made in any subsequent deed or other legal instrument by rrfeaispf which,they convey
any interest in the Property (including but not limited to a leasehold interest).
j. Not Governmental Approval. No provision of this Easement nor the
approval by the County of a grant for the acquisition of this Easement shall constitute
Page 7 of 8 Pages
Antelope Estates PZ 604
governmental approval of any improvements, construction or other activities which may
be permitted under this Easement.
k. No Waiver of Immunity. No portion of this Easement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Easement be deemed to have created a duty of
care which did not previously exist with respect to any person not a party to this
Easement .
No Third Party Beneficiary 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.
IN WITNESS WHEREOF Grantor(s) have executed this Deed of Conservation
Easement this day of�rd., , 20C
G TOR(S)
Soceseir4.."
121:14.The forgoing instrument was acknowledged before me this day of
,� 20 y
Witness my hand and official seal.
My commission expires: I( /'$/7S
Mfrifilef
DIANA L. HOOVER
Notary Public
State of Colorado
ACCEPTANCE
Page 8 of 8 Pages
Antelope Estates PZ 604
ACCEPTANCE
County, the County of Weld, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, hereby accepts this
DEED OF AGRICULTURAL CONSERVATION EASEMENT and agrees to abide by the
terms set forth herein.
COUNTY OF WELD,A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO
Dale K. Hall, Chair
Board of County Commissioners of the County of Weld
0317 40 year Easement.doc
o^
Page 9 of 8 Pages
Antelope Estates PZ 604
«C„
"Consistent Acts"
Agriculturally related buildings and structures are permitted if: (i) they are not used for
residential purposes; (ii) they are constructed and used as accessory structures to a
single principal use of agriculture; and (iii) they are determined to be in accordance with
county land use regulations under presently existing zoning. However, it is the intention
of this Easement not to limit Grantor(s)' discretion to employ their choices of farm and
ranch uses and management practices so long as those uses and practices are
consistent with the purpose of this Easement. Mowing, weed control, grazing, buildings
to house agricultural implements or feed, control of vermin by the grantor are also
considered consistent.
„p„
"Inconsistent Acts"
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 deemed inconsistent. No hunting or fishing shall be allowed on the
Property. No commercial kennels shall be allowed on the Property. No disposal or
storage of solid or hazardous waste shall occur but this shall not preclude the storage
or disposal of agricultural waste which is exempt from the definition of solid waste under
the Solid Waste act nor the legal use of pesticides, herbicides, fungicides or
rodenticides or hazardous substances in accordance with ordinary farm practices.
Timber harvesting or systematic removal of trees or shrubs shall be deemed
inconsistent but this shall not preclude tree trimming.
Page 10 of 8 Pages
Antelope Estates PZ 604
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