Ordinance 2017-1745 - Laserfiche WebLink

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CONSERVATION EASEMENT NOW, THEREFORE, m consideration for good and valuable consideration, the receipt of which is hereby acknowledged, the foregoing Recitals, and of the mutual covenants, terms, conditions and restnctions contained herem, and pursuant to the laws of the State of Colorado, of the obligations of the parties and of the mutual covenants contained herein, Grantor does hereby voluntarily grant and convey to Grantee, and Grantee hereby accepts, a perpetual Conservation Easement m Gross, an immediately vested interest in real property defined by C R S §§ 38-30 5- 101, et seq., and consisting of the nghts hereinafter enumerated, over and across the Property 1 Purpose The purpose of this Easement is to preserve the natural condition and aesthetic and ecological features of the Property and protect the Property for scenic, open space, agncultural, passive recreational, and environmental uses (the "Conservation Values") 2 Affirmative Rights Conveyed The affirmative rights conveyed to Grantee by this Easement are the following 2.1 To preserve and protect the Conservation Values in perpetuity 2 2 To enter upon the Property to mspect and enforce the nghts herein granted upon pnor notice to Grantor, Grantor's successors and assigns, m a manner that will not unreasonably interfere with the proper uses being made of the Property at the time of such entry 3. Permitted Uses and Practices Grantor and Grantee intend that this Easement shall confine the future use of the Property to agncultural uses, passive recreation and other related or compatible uses described herem. The following uses and practices are permitted under this Easement and are not inconsistent with the purposes of this Easement, provided that they are conducted in a manner that does not substantially diminish, materially impair, or adversely impact any of the Property's Conservation Values 3.1 Open agricultural uses, such as growing crops and keeping livestock and horses The agricultural activities shall not result in the pollution or degradation of any surface or subsurface waters 3 2 Passive recreational uses, and the construction of trails for such uses 3 3. Maintenance, repair, replacement, removal and use of all roads legally existing on the Property as of the date of the Easement, substantially in their present condition or as reasonably necessary for the uses permitted on the Property • 3 4 Development and maintenance of such water resources as are on or appurtenant to the Property, in a manner that shall preserve and protect the agncultural and/or Open Space characteristics of the Property Mayhoffer 3 IGA 9