Resolution 2004-06 - Laserfiche WebLink

Home Browse Search

• I II I�. I II I (I I 11111 1111 1111 II 26137 Boulder County Clerk, CO CE R 71 00 D 0 00 GRANT OF CONSERVATION EASEMENT AND AGREEMENT (T AND T BENNETT PROPERTY) CAAIB THIS GRANT OF CONSERVATION EASEMENT AND AGREEMENT(hereinafter "Easement")is entered into by and between T and T Bennett Limited Liability Company,a Colorado Limited Liability Company(hereinafter"Owner"),and the City of Louisville,a Colorado home rule municipal corporation(hereinafter"City"). RECITALS WHEREAS, Owner is the owner in fee simple of certain property legally described in Exhibit 1, attached hereto and incorporated herein by reference, which property consists of approximately one acre (hereinafter the"Property"); and WHEREAS, the Property is zoned Agricultural and is subject to the February 18, 1999 Intergovernmental Agreement among the City of Louisville, City of Lafayette, City of Broomfield, and County of Boulder entitled"Southeast Boulder County,South 96th Street,Dillon Road,and U.S. 287 Area Comprehensive Development Plan", which Agreement is recorded at Reception No 1916399,Boulder County Records(hereinafter the"INTERGOVERNMENTAL AGREEMENT"); and WHEREAS,the City desires to acquire from the Owner a conservation easement in gross on the Property and the Owner desires to grant to the City a conservation easement in gross on the Property pursuant to Article 30 5, Title 38, C.R.S. and subject to the INTERGOVERNMENTAL AGREEMENT and the covenants set forth below; and WHEREAS,the City and Owner further desire to settle disputes between them regarding the uses, subdivision and zoning of the Property, including but not limited to claims asserted by Owner against the City in the civil action entitled T and T Bennett, L L C v. City of Louisville, Boulder County District Court, Case No. 2003CV1783. AGREEMENT AND GRANT NOW, THEREFORE, for and in consideration of the recitals, mutual promises and covenants contained herein,and payment to Owner of$150,000,the receipt and sufficiency of which consideration is hereby acknowledged and confessed, the Owner and City agree as follows: 1. Grant of Conservation Easement. Pursuant to Section 38-30 5-101, et seq., C.R.S., Owner intends and does hereby grant and convey to the City in perpetuity a Conservation Easement in Gross over and across the Property described in Exhibit 1 for the purposes of preserving and protecting the Property's rural, agricultural, scenic, aesthetic and historical values upon the terms hereof, such Easement being granted pursuant to said statutory provisions. 2. Permitted Uses. The provisions of the INTERGOVERNMENTAL AGREEMENT