Resolution 2004-06 - Laserfiche WebLink

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III 11E111E111 111111111 11111111111261 3677 08/02/2004 12 45P Boulder County Clerk, CO CE R 71 00 D 0 00 preservation of the rural, agricultural, scenic, aesthetic, and historical values of the Property. Approval,if granted, shall be by appropriate resolution or ordinance of the City Council of the City. 5. Subdivision of Property. The City acknowledges and agrees that the Property as described on Exhibit 1 constitutes a legal lot under the subdivision ordinances of the City. The September 2, 1982 Agreement regarding the Property,which is set forth in Exhibit 3 attached hereto (the "1982 Agreement"), is hereby terminated in its entirety and both parties are released from any further obligations under such Agreement. Nothing in this Easement shall be construed to limit or affect the City's authority to require connection to City sewer system pursuant to the procedures and criteria of C.R.S. 31-35-601, et sec,. or to create a special improvement district in accordance with applicable laws and ordinances in effect at the time of the creation of such a district. 6. No Division of Property. There shall not be any division of the Property(whether or not a subdivision as defined by state or local law,and whether or not the division is legal or physical) without the express written consent of the City. Owner and City intend that the Property shall be held as one unit and, without the express written consent of the City, Owner may not convey any portion of the Property in fee as said conveyance would constitute an impermissible division of the Property under this Easement. If a division of the Property occurs by operation of law or by consent of City, then all terms of this Easement shall attach to the land and shall survive any division. 7. Conveyance of Rights and Interests. Except to exercise the rights under this Easement, Owner shall not use, and shall not convey or assign, any density or development right relating to the Property. Nothing herein shall prevent the Owner from conveying the entire fee to all of the Property subject to this Easement. 8. Inspection. The City may enter upon the Property for inspection purposes to enforce the terms of this Easement,but only at reasonable times and only after giving reasonable prior notice to the Owner; and, any such inspection shall be conducted in a manner that will not unreasonably interfere with the proper uses being made of the Property. 9. Enforcement. 9.1 City may exercise immediate reasonable enforcement, restoration and conservation actions when such actions are warranted for the protection and preservation of the Property. 9.2 Each party also shall be entitled to specific performance by the other Party of all rights and obligations granted hereby. In the event that one of the parties fails to abide by the terms hereof,the other party shall be entitled to all applicable remedies at law or in equity, including but not limited to restraining orders, temporary and permanent injunctions,and damages for destruction or injury to the Property and the injured party's interest therein. 10. Waiver and Release of Claims. 4