Resolution 2013-66 - Laserfiche WebLink

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LUSTIG PROPERTY DEED OF CONSERVATION EASEMENT IN GROSS LOCATED AT 2613 BRAIN RD DRIVE. BROOMFIELD. CO This Deed of Conservation Easement in ` Gross is entered into this day of 201_, by and between the City and County of Broomfield, a Colorado municipal corporation and county whose legal address is One DesCombes Drive, Broomfield, Colorado, 80020 ("Grantor"), the City of Lafayette, a Colorado home rule municipal corporation, the City of L ouisville, a Colorado home rule municipal corporation, and the County of Boulder, a body politic and corporate ofthe State 0f Colorado ( "Grantees ")(collectivelv,the "Parties''). RECITALS W'HEREAS, on February 18, 1999, the Parties entered into the Intergovernmental 4gieentent: Southeast Boulder County; SOuth 964. Street, Dillon . Road and US 287 Area Comprehensive DeveloinnAnt Pltm, recorded in. the Boulder County Clerk. and Recorder's Office on March 17; 1999, at Reception Number 1917186 ( "Northwest Parkway IGA ") in order to plan . for future developrent and annexations within the southeast portion of Boulder County and for the construction of the Northwest Parkway; and WHEREAS, the Northwest Parkway IGA was amended by the Parties on February 6, 2001; which amendment was recorded in the Boulder County Clerk and Recorder's Office on August 24, 2001; at Reception Number 2189244 ( ";amendment "). Paragraph 4.3 of the Amendment requires that all Parties convey to each other reciprocal conversation easements over aid across all open space properties within an area defined in the iGA; and WHEREAS, Grantor is the owner of property acquired through a special warranty deed recorded on )o X13 , at Reception No a01301 517q4 in the real estate records of the City and County of Broomfield, Colorado conveying certain real property more particularly described in Exhibit A and is hereafter referred to as the ( "Property "). Exhibit B depicts the location of the Property. The 'Property consists of approximately. 4:808 acres and is . referenced in Paragraph 4.10 of Exhibit A of the Northwest Parkway IGA; and WHEREAS, the Northwest Parkway 1GA was amended by the Parties an December 9, 2005, which amendment was recorded in the 13oultler County Clerk and Recorder's Office on February 5,: 2009, at Reception Number 297748 ( "Fire Station Amendment "). Paragraph 4.15 of the Amendment contemplates a source of the funding used by Grantor to acquire the. Property and specifies the use ofthe funds shall solely be for acquisition of open space; and WHEREAS, Grantor desires to grant to the Grantees a conservation easement on the Property, in order to assure its preservation in perpetuity and the Grantees desire to accept such conveyance ofa conservation easement; and WHEREAS, Grantees are "qualified organizations," as such organizations are defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and are qualified to hold a conservation easement under the laws of the State ofColorado; and I of II