HomeMy WebLinkAbout992340.tiff RESOLUTION
RE: ACCEPT CONSERVATION EASEMENT AND AUTHORIZE CHAIR TO SIGN -
EDEN'S RESERVE PUD, do MARK AND JACQUELYN EBERL
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 26, 1999, the Department of Planning Services staff did approve
a Site Specific Development Plan and Planned Unit Development Final Plan, S#500, for Eden's
Reserve PUD, do Mark and Jacquelyn Eberl on the following described real estate, to-wit:
NE'/ of Section 21, Township 3
North, Range 68 West of the 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said approval, the E3oard has
been presented with a Conservation Easement to the Board of County Commissioners of Weld
County, Colorado, From Eden's Reserve PUD, c/o Mark and Jackie Eberl, with terms and
conditions being as stated in said easement, and
WHEREAS, after review, the Board deems it advisable to accept said easement, a copy
of which os 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 Eden's Reserve PUD, do Mark and Jacquelyn
Eberl be, and hereby is, approved.
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 vole on the 20th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
nn , WELD COUNTY, COLORADO
ATTEST: ��� ; � EXCUSED
vo'uow a s D. - K. Hall, Chair l
Weld County Clerk to th toa
C C / _� '.4) j arbar J. Kirkmeyer, P o-Tem
BY: 6 uk ter
Deputy Clerk to the lEi
l� ��� I,/Geor . B ter
APP ED AS TC ORM: � /Li
, 9 1 eile
C my Attor .� 2 C a ;./ 64u '\
Glenn Vaad--
'. r+ L, Eber 1 992340
PL1311
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CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is granted by-
("Grantor") on this P1 day of . , )449 , to BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, 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, 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 agricultural by encumbering the same with a
conservation easemenr pursuant to the provisions of C.P. § 38-30.5-101, et seq.; and
WHEREAS, Grantor desires to preserve the land, water and air space of the Property in a natural, scenic
and open condition, for agriculture, 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 in gross, pursuant to Title 38, Article 30.5, of Colorado Revised Statutes, over, across and upon
the Property, as described on Exhibit A hereto. The terms of this conservation easement are as follows:
1. The Grantor shall not erect more than one single family residential structure or structures which are
not accessory to an agricultural use.
2. The Grantor shall not divide the Property into two or more parcels, separate interests or interests in
common for a period of ten years unless such division is exempted under C.R.S.. § 30-28-101(I0) and
the Weld County Subdivision Ordinance.
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 agricul-
ture; and (in) 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.
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. No commercial kennels shall be allowed on
the Property.
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 Grantor(s)' use and quiet
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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 for a period of ten years and shall remain an easement on the land until
automatically terminated at the end of the ten year period.
7. The provisions hereof are binding upon and shall inure to the benefit of the parties hereto, their
successors, assigns,heirs and personal representatives, and all persons who may hereafter acquire an
interest in the Property or any part thereof It is intended that the conservation easement herein granted
and any other interest created under this Agreement vest immediately.
8. Nothing contained in this Easement shall be construed to entitle Grantee 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.
9. Grantors shall hold harmless, indemnify, and defend Grantee 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 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.
I0. No provision of this Easement shall constitute governmental approval of any improvements,
construction or ether activities which may be permitted under this Easement.
1 I. 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 .
12. 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 WITNFSS WHEREOF, the said Grantor and Grantee have executed this Conservation Easement
the day and year first above written.
ffi
GRANTORS
Y. P Ai
-lay t�g,81 tttsti�t was acknowledged before me this /�/ day of
1997 '•,�t-/a,_t f /,� 4
�; CAROLA.
HARDING I Witness my hand and official seal.
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4CCEPJANCE
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 accepts this CONSERVATION
EASEMENT and agrees to abide by the terms set forth herein.
COUNTY OF WELD, A POLITICAL
SUBDIVISION OF THE STATE OF
COLORADO 09/20/99,;(1,)12- z(-1 4174 ,,
/ Barbara J. Kirkmeyer, Chai/r Pro-Tem
Board of County Commissioners
Weld County, Coloardo
3
Hill WI Milli
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EXHIBIT "A"
Lot 9 of Eden's Reserve PUD described as part of the NE/4 21-03-68 of the 6th P.M., Weld County,
Colorado.
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