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<br />RESOLUTION NO. 35 <br />SERIES 2004 <br /> <br />A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CITY-COUNTY <br />CONSERVATION EASEMENT OVER THE WAREMBOURG PARCEL 2 PROPERTY, <br />TO RELEASE A 3.97-ACRE PORTION OF SUCH PROPERTY FROM SUCH <br />CONSERVATION EASEMENT, AND AUTHORIZING THE PAYMENT OF CITY <br />FUNDS FOR SUCH RELEASE <br /> <br />WHEREAS, by Deed of Conservation Easement in Gross recorded August 18, 1999 at <br />Reception No. 1972584, in the Office of the Boulder County Clerk and Recorder (the "City- <br />County Conservation Easement"), the City of Louisville ("City") and the County of Boulder <br />("County") each own a 50% undivided interest in a conservation easement in gross over a certain <br />72.01-acre parcel of land further described in such instrument and generally referred to as <br />Warembourg Parcel 2 Property; and <br /> <br />WHEREAS, the City of Louisville intends to acquire fee title to a 3.97 -acre portion of said <br />Warembourg Parcel 2 Property, which 3.97-acre parcel is further described and depicted on Exhibit <br />A attached hereto (the "Community Park Parcel"); and <br /> <br />WHEREAS, the Community Park Parcel is to be acquired for potential park, right-of-way <br />and other governmental purposes, including but not limited to construction of trails and Community <br />Park amenities and facilities; and <br /> <br />WHEREAS, as part of such acquisition, the 3.97-acre Community Park Parcel is to be <br />released from the City-County Conservation Easement; and <br /> <br />WHEREAS, there has been proposed an Amendment to Deed of Conservation Easement <br />in Gross to release the 3.97-acre Community Park Parcel from the City-County Conservation <br />Easement, and the City and County have agreed upon the payment to be made to the County for <br />such release; and <br /> <br />WHEREAS, the City by this resolution desires to approve the Amendment to Deed of <br />Conservation Easement in Gross, authorize payment to Boulder County of $67,490.00 for such <br />release, and authorize other actions in relation thereto. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> <br />1. The Proposed Amendment to Deed of Conservation Easement in Gross between <br />Colorado Warembourg Ranches, LLC and the City of Louisville and the County of Boulder, for <br />release of the 3.97-acre Community Park Parcel from the existing City-County Conservation <br />Easement over the Warembourg Parcel 2 Property (the "Amendment") is hereby approved in <br />essentially the same form as the copies of such Amendment accompanying this Resolution. <br /> <br />1 <br />