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<br />"\ <br /> <br />\ 111\11 11111 IIIIII IIII IIII!\ 1111 1111111 III 11111 111\ 111\ g;~:~~~~~, <br /> <br />Boulder County Clerk, CO RESOLUTION R 11.00 D 0.00 <br /> <br />RESOLUTION NO. 36 <br />SERIES 2005 <br /> <br />A RESOLUTION APPROVING A PURCHASE CONTRACT TO BUY AND SELL REAL <br />ESTATE FOR ACQUISITION OF A PORTION OF THE WAREMBOURG PARCEL 2 <br />PROPERTY, FOR CONSTRUCTION OF THE COAL CREEK REGIONAL TRAIL AND <br />OTHER GOVERNMENTAL PURPOSES, AND APPROVING AN AMENDMENT TO <br />THE CITY-COUNTY CONSERVATION EASEMENT OVER THE W AREMBOURG <br />PARCEL 2 PROPERTY. <br /> <br />WHEREAS, in September 2004 the City acquired a 3.97-acre portion of the Warembourg <br />Parcel 2 Property for park, right-of-way and other governmental purposes related to development of <br />the new Community Park; and <br /> <br />WHEREAS, the City of Louisville desires to acquire an additional portion of the <br />Warembourg Parcel 2 Property of approximately 2,800 square feet, to facilitate extension of the <br />Coal Creek Regional Trail from the Bella Vista extension south to the current trail behind the Dutch <br />Creek Subdivision; and <br /> <br />WHEREAS, the additional portion of the Warembourg Parcel 2 Property to be acquired <br />lies in the NE'i4 of the NE'i4 of Section 17, Township 1 South, Range 69 West of the 6th P.M., on <br />the eastern side of Roosevelt Avenue between Aspen Way and Bella Vista Drive, and is more <br />particularly described in the Purchase Contract accompanying this Resolution (the "Property"); and <br /> <br />WHEREAS, the owner of the Property, Warembourg Colorado Ranches, LLC, is willing to <br />sell the Property to Louisville upon the terms and conditions of a mutually-agreeable Purchase <br />Contract to Buy and Sell Real Estate; and <br /> <br />WHEREAS, the Property is subject to a Deed of Conservation Easement in Gross <br />recorded August 18, 1999 at Reception No. 1972584, in the Office ofthe Boulder County Clerk <br />and Recorder (the "City-County Conservation Easement"), under which the City and the County <br />of Boulder each own a 50% undivided interest in a conservation easement in gross over the <br />Property; and <br /> <br />WHEREAS, as part of the acquisition of the Property, there has been proposed a Second <br />Amendment to the City-County Conservation Easement, to release the Property from such <br />Conservation Easement; and <br /> <br />WHEREAS, the City by this Resolution desires to approve the proposed Purchase <br />Contract for the Property and the proposed Second Amendment to the City-County Conservation <br />Easement, and authorize certain other actions in connection therewith. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> <br />1 <br /> <br />l..\' <br />. I <br />