HomeMy WebLinkAbout20032679.tiff RESOLUTION
RE: ACCEPT CONSERVATION EASEMENT AND AUTHORIZE CHAIR TO SIGN -THE
SHIRE PUD, CIO LANCE AND JULEE MEINERS
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, on August 21, 2003, the Department of Planning Services staff did approve
a Site Specific Development Plan and Planned Unit Development Final Plan, PF #1007, for The
Shire PUD, do Lance and Julee Meiners, on the following described real estate, to-wit:
Lot C of Recorded Exemption #3092, being further
described as part of the NE1/4 NW 1/4 of Section 33,
Township 9 North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said approval, the Board has
been presented with a Conservation Easement to the Board of County Commissioners of Weld
County, Colorado, from Lance and Julee Meiners, with terms being as stated in said easement,
and
WHEREAS, after review, the Board deems it advisable to accept said easement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Conservation Easement to the Board of County
Commissioners of Weld County, Colorado, from Lance and Julee Meiners be, and hereby is,
accepted.
BE IT FURTHER RESOLVED that the Chair be, and hereby is, authorized to sign the
Acceptance of said Conservation Easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WECOUNO (TY, COLORAD
ATTEST: Lan J C c
David E. Long, Chair
Weld County Clerk to the Board
EXCUSED
Robert D. den, Pro-Tem
wJ,
�rso (' ^ s•ut ktothe Board 41-G/
41/47 M. J. eile
Willia H. Jerke
o my Attorney lag
GennVaad
Date of Signature- ,/f�f(Q- i�
2003-2679
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CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is grant by L CE E.B. MEINERS and JULEE K.
MEINERS ("Grantor")on this It day of 2003, to BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLO O, a body corporate and politic operating
pursuant to the laws of the State of Colorado and the Weld County Home Rule Charter,doing
business at 915 Tenth Street, City of Greeley, County of Weld, State of Colorado,("Grantee").
WHEREAS, the Grantor is the owner of the lands comprising the Property("Property")as more
particularly described on Exhibit A, attached hereto and made a part hereof, and
WHEREAS, Grantor desires to preserve the Property as an agricultural conservation easement
pursuant to the provisions of 27-2-55 of the Weld County Code for Cluster Planned Unit
Developments.
WHEREAS, Grantor desires to preserve the land water and air space of the Property in a natural,
scenic and open condition, for agricultural,horticulture, recreation, forest and wildlife habitat;
and
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which
are hereby confessed and acknowledged,the Grantor hereby grants and conveys to the Grantee a
conservation easement as described in Exhibit A. The twits of this conservation easement are
binding for a period of(40) forty years from the date of final plat recording and are as follows:
1. The Grantor shall not erect residential structures.
2. The Grantor shall not divide the Property.
3. 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 Grantors' 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.
4. No hunting or fishing shall be allowed on the Property except strictly in accordance
with Colorado game and fishing laws by licensed hunters and fishermen.
5. The Grantee shall have the right to enter upon the Property to inspect for violations of
the terms and covenants of this easement and to remove or eliminate any conditions
or operations which violate the same, by injunction, if necessary. No further right of
access, entry or possession is conveyed hereby. Such entry shall be made in a
manner that will not unreasonably interfere with Grantors' use and quiet enjoyment
of the Property. No right of entry is created for any member of the public or any
third party to this easement.
6. This easement shall run with the land and shall remain an easement on the land for a
period of(40) forty years from the date of the final plat recording regardless of
transfer of ownership.
7. The provisions hereof are binding upon the Grantors,their successors, assigns,heirs
and personal representatives, and all other persons who may hereafter acquire an
interest in the Property or any part thereof.
8. Nothing contained in this Easement shall be construed to entitle Grantee to bring an
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
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3114685 10/07/2003 04:34P Weld County, CO 2003-2679
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
IN WITNESS WHEREOF, the said Grantor and Grantee have executed this Conservation
Easement the day and year above written.
lOG RS
The foregoing instrument was acknowledged before me this . day of ,
2003,by Lance E.B. Meiners and Julee K.Meiners.
, ,,..,.upp q,,y
Witness my hand fficial seal /)..�A. 0 r a.c")4/ flit , ,ay ;Qt n
My commission expires: Iske ; 2 a4. ? r{
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ACCEPTANCE
GRANTEE, 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 accept this
CONSERVATION EASEMENT and agrees to abide by the terms set forth herein.
ii /�"v v COUNTY OF WELD,A POLITICAL SUBDIVISION
O ST TE OF C LORADO
WELD co//yWY CLER T THE BOARD
/� Signature 9 17 03
BY
DLPUT < TO THE BO
s
Eta Title
O.' ' David E. Long
1861 creit
iv Print Name
_ . EXHIBIT A
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TO
CONSERVATION EASEMENT
(Description of Planned Unit Development, The Shire)
Lot 6 of the following PUD description consisting of 103.4 acres more or less.
A tract of land situate in the Northwest ''A of Section 33, Township 9 North, Range 67
West of the 6`h P.M., Weld County, Colorado which bears North 87'13'13" and with all
bearings contained herein relative thereto is contained within the boundary lines which
begin at the Northwest corner of said Section 33 and run thence along the west line of the
said Northwest ''A S00* 02' 45"E 1367.64 feet; thence S00*01'28" 1367.08 feet; thence
S88*00'29"E 2681.70 feet; thence N00*47'48"W 2699.80 feet; thence N87*13'13"W
992.83 feet; thenceS00*30'12"E 1356.86 feet; thence N87*37'23"W 999.38 feet; thence
N00*12'45"W 1363.52 feet; thence N87*13'13"W 661.67 feet to the point of beginning,
containing 134.94 acres more or less and being subject to all easements and rights-of-way
in place or are now of record or are shown on this plat.
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