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RESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF AGRICULTURAL CONSERVATION
EASEMENT AND AUTHORIZE CHAIR TO SIGN -ALBERT CHALLENGER
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 has been presented with a Deed of Agricultural Conservation
Easement from Albert Challenger, P.O. Box 448, Evergreen, Colorado 80437-0448, to the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, with terms and conditions being as stated in said deed, for property located in
part of the SW1/4 of Section 29, Township 5 North, Range 67 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, after review, the Board deems it advisable to accept said deed, 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 from Albert Challenger, to the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County be, and hereby
is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said acceptance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, C LO DO
X101 ��,V ►:i L /� �`
ATTEST:
���� � `ale K. Hall, Chair
Weld County Clerk to the • : j m y/
� \ • . . ! /
r� _q arbar J. Kirkmeyer, Pro-TeBY:
Deputy Clerk to the Board _��� w ��
Georg E. Baxter
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
C,r M. J. Geile
nt aitor�ieyr? r/ Ai a
Glenn Vaad
� it 4� /�( Q�q� 992803
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DEED OF AGRICULTURAL CONSERVATION EASEMENT
THIS DEED OF AGRICULTURAL CONSERVATION EASEMENT (the "Deed") is
made by 4- ejE/Z-- , whose address is
e, 4- 48 ikizigLao ti1 ( So 43 - 0-Fifg ("Grantor(s)"), to the Board of
County Commissioners of the Bounty 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 in Exhibit "A," 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 agricultural production
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 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 agricultural, open-space, wildlife viewing and habitat, and scenic
values of the property in perpetuity 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 Agricultural Conservation Easement and
Development Rights from Grantor(s), and thereby to honor the intentions of Grantor(s) to
preserve and protect in perpetuity the agricultural, 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 Agricultural Conservation Easement in gross in perpetuity
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.
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I. 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 in
perpetuity its agricultural values, character, use and utility, and to prevent any use of the
Property that would significantly impair or interfere with its agricultural 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 in perpetuity 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. Also subject to Grantor(s)' consent, which shall
not be unreasonably withheld, the County may erect a viewing stand and parking lot for wildlife
viewing in an area described in Appendix B in which case a fence, in a design agreeable to both
parties, shall be constructed to limit public access on the remaining portion of the parcel.
e Subject to Grantor(s)' consent, which shall not be unreasonably withheld, to
create wetlands, not inconsistent with this easement, at County's expense County shall be
responsible for engineering, construction and regulatory approvals.
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£ 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 Exhibit "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.
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: (1) all right, title, and interest in and to all tributary and non-
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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) all right, title, and interest in subsurface oil,
gas and minerals; provided, however, that the manner of exploration for, and extraction of
any oil, gas or minerals shall be only by a subsurface method, and shall not damage,
impair or endanger the protected values of the Property and (iii) 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 the injunctive relief
described in this paragraph, both prohibitive and mandatory, in addition to such other
relief to which County maybe 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 describes 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
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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. 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, including, without limitation,
reasonable attorneys' fees, arising from or in any way connected with:(l) 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.
to. 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.
1 1_ Extinguishment. If circumstances arise in the future such as render the purpose of this
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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).
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
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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
Grantor's title in any respect.
f Joint Obligation. The obligations imposed by this Easement upon Grantor(s) shall
be joint and several.
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 in
perpetuity with the Property.
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.
Future Conveyance. Grantor(s) agree that reference to this Deed will be made in
any subsequent deed or other legal instrument by means of 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 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.
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IN WITNESS WHEREOF,\� Grantor(s) have executed this Deed of Conservation
Easement this /D7H day of \ rt —1 L , 19`91.?
GRANTOR(S)
r
(�>
L,
The forgoing instrument was acknowledged before me this IO day of jye,l vc, 2 ,
1999, by f41betai S. (`,ka-L-Eer9¢2
s itness my hand and official seal.
' 'CQ: Y -t: •`.;ission expires: _
Or •.
_• JEAN D. •O SS 1c-
GILLINGHAM
f
My Commission Expires March 26,2002 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
A TESTV !� COLORADO
WELD DUNTY LE KTOTFIE� OA v
BY:��/1ti_ Gi k�%'�i��� � I ��1i`IY74�' �
4S� �i
DEPUTY CLERK TO THE 80 .t ,ib Dale K. Hall, Chair ( U ,M--(ti)
iNn /��� Board of County Commissioners ofthe
County of Weld
M WPIILES.EASI:MENTVc1iALL1.:NGER.WPD
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TELEPHONE (303) 233-1016 1205 PIERCE STREET
LAKEWOOD, COLORADO 80214
November 2, 1999 +arrbrrt +iN. Minn
Legal Description
REGISTERED LAND SURVEYOR Certificate No. 99038
Al Challenger
Legal Description of Outlot "A"
That part of the Southwest quarter of Section 29, Township 5 North, Range 67 West of the
Sixth Principal Meridian, County of Weld, State of Colorado, described as follows:
COMMENCING at the Southeast corner of the North half of the Southwest quarter of said
Section 29, whence the center of said Section 29 bears North 00' 02' 14" East o distance
of 1311 .54 feet; running thence South 89' 58' 46" West a distance of 30.00 feet to the
TRUE POINT OF BEGINNING on the Westerly right—of—way line of Weld County Rood 15 1/2;
thence South 89' 58' 46" West o distance of 1107.75 feet; thence North 01' 02' 01" West
a distance of 183.69 feet; thence North 31' 28' 10" West a distance of 540.66 feet; thence
North 15' 06' 20" Eost a distance of 255.51 feet; thence North 65' 42' 24" Eost o distance
of 175.00 feet; thence South 24' 12' 07" East a distance of 754.72 feet; thence North 89'
58' 46" East a distance of 858.00 feet, more or less, to a point on said Westerly right—of—way
line; thence South 00' 02' 14" West, along said right—of—way line, a distance of 275.00 feet,
more or less, to the TRUE POINT OF BEGINNING, containing on area of 509,384.6 square feet
or 11 .6939 acres, more or less.
Surveyor's Certificate:
I certify that I prepared the above legal description.thlU ,.
Herbert K. L nn . L.S. 12840
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An area within the property described in Exhibit "A" lying within 200' of the south right-
of-way line of Weld County Road I5 %2..
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""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.
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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 which does not jeopardize the
heron rookery.
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CONTAINS A PLAT
SEE FILE FOR ORIGINAL
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