Resolution 1999-34 - Laserfiche WebLink

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that, pursuant to Paragraph 32 of the Purchase Contract, annexation of Parcel 2 is conditioned on the City and County of Boulder's purchase of the Property pursuant to the Purchase Contract, which Property includes a conservation easement in gross over Parcel 2 (the "Conservation Easement "). Louisville and Owner further acknowledge that, pursuant to Paragraph 32 of the Purchase Contract, the closing on the Property is not to occur until such time as Parcel 2 is annexed to the City and zoned agricultural. To effectuate such provisions, Louisville and Owner agree that the annexation ordinance and map to be filed for recording with the Boulder County Clerk and Recorder pursuant to C.R.S. §31-12 - 1 13(2)(a)(Il)(A) shall, upon City Council approval and execution, be delivered to the title company and shall be filed for recording simultaneously with the deed of conservation easement in gross and other deeds to be delivered pursuant to the Purchase Contract and recorded for the City and County's purchase of the Property. The annexation ordinance and map shall not be recorded prior to such time or separate from such deeds. It is the parties' mutual intent that, by such action, the annexation and zoning of Parcel 2 shall become effective upon the same date as the date of recording of the deed of conservation easement in gross and other deeds conveying the Property to the City and County. In the event the closing under the Purchase Contract does not occur, the annexation ordinance and map shall not be recorded and the City shall repeal the annexation and zoning ordinances. The City and Owner shall execute any escrow instructions or other documents that may be reasonably required by the title company to effectuate the provisions of this Paragraph. 5. Dedications. The Owner and City anticipate that, in light of the uses of Parcel 2 permitted under the Purchase Contract and the Conservation Easement, there will be no streets or other public ways within Parcel 2, and the access roads within Parcel 2 will be limited to the dwelling and agricultural accesses described in the Purchase Contract and Conservation Easement. The existing roads adjacent to Parcel 2 include 96th Street (County Road) and Roosevelt Avenue. The Owner agrees to dedicate from Parcel 2 to the City, at the City's request, right -of -way necessary for the improvement of 96th Street (County Road), and the Owner shall be compensated for such right -of -way in an amount mutually agreed upon by the Owner and City. Pursuant to Paragraph 32 of the Purchase Contract, Warembourg Colorado Ranches, LLC shall not be required to make any public use or open space dedications in connection with the annexation and zoning of Parcel 2, and shall not be required to dedicate any historic water rights or make payments in lieu thereof to the City in connection with the annexation and zoning of Parcel 2. 6. Public Improvements. The Owner and City anticipate that, in light of the uses of Parcel 2 permitted under the Purchase Contract and the Conservation Easement, there will be no streets or other public ways within Parcel 2, and the access roads within Parcel 2 will be limited to the dwelling and agricultural accesses described in the Purchase Contract and Conservation Easement. The existing roads adjacent to Parcel 2 include 96th Street (County Road) and Roosevelt Avenue. Owner shall be required to provide signage for or upon adjacent roads only to 2