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Home My WebLink AboutC05-228 Chris Estes FIRST AMENDMENT TO FARM GROUND AND PASTURE LEASE BY AND BETWEEN EAGLE COUNTY, STATE OF COLORADO AND CHRIS ESTES This Fi.rst Amendment to ~he L~asi: Agreement (hereinafte.r referred to as the "First Amendment") IS made and entered mto thIS ~ day of It lJ ~ {/? I , 2005 between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as the "County") and Chris Estes (hereinafter referred to as the "Tenant"). RECITALS: WHEREAS, Eagle County owns real property in the County of Eagle, State of Colorado, adjacent to and being a part of the Eagle County Regional Airport (hereinafter referred to as the "Airport") and depicted on the map attached hereto marked as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the County entered into a Farm Ground and Pasture Lease with Tenant on June 9,2000 (hereinafter referred to as the "Lease"), in which Tenant leased approximately 67 acres, more or less, located adj acent to the Airport (hereinafter referred to as "Leased Premises") for the purposes of hay production and/or to pasture cattle, horses or sheep; and WHEREAS, the County is in the process of installing some equipment on the Airport property; and WHEREAS, among some of the equipment being installed is an instrument landing system (hereinafter referred to as "ILS"); and WHEREAS, the installation process will impact a portion of the Leased Premises in that the acreage ofthe Leased Premises will be reduced to 53.566 acres; and WHEREAS, Tenant was provided written notice of the County's process of installing the ILS on October 7, 2004; and WHEREAS, Tenant desires to continue leasing the Leased Premises consisting of 53.566 acres on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, the County and the Tenant agree as follows: I. The acreage of the Leased Premises shall now be 53.566 acres as more particularly described in the attached Exhibit "B" and incorporated herein by this reference. 2. Tenant shall use the Leased Premises only for hay production or to pasture cattle, horses or sheep. Whenever the Leased Premises or any part thereof are used to pasture livestock, there shall be a limit of no more than an average of one horse or one cow or seven sheep per two acres of the Leased Premises. 3. Tenant agrees to keep the Leased Premises free of all noxious weeds and to abide by the Colorado Noxious Weed Act (35-5.5-102, et aI, c.R.S.). 4. Tenant shall not used pasture for livestock between December I through April 1 of each year. 5. Except as herein expressly amended, the terms and conditions ofthe Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY AT By: Teak Simonton, Clerk to the Board of County Commissioners TENANT: By: C~' ~ Chris Estes STATE OF COLORADO) ) ss: COUNTY OF EAGLE ) Q The foregoing instrument was acknowledged before me by Chris Estes, this y-H... . day of .vt( h)/ ' 2005. M .. . IsslOn expIres: 2 7/67 .... DhIIIt. . --=:::=0-] ... 1Dt!4 ..,................IIIC. lIll. II.CA - IIJtIMon AIrport hnka CIL LV. P'ttlM.(3OJ}&Q-1J'OO 'AI (:)OJJ 3Q-%?OO ION.... ""1E """'Pl,.. -. IfIP. K&I. 11411: ..... 2lIIID lHEr 1 or t \[,...-'-9 . -U-21JOO , :.f'1'U eX" EXHIBIT j A .~ EAGLE COUNTY AIRPORT GRAZING LEASE A parcel ofland situated in Tract 66, Section 4, Township 5 South, Range 85 West of the Sixth Principal Meridian, according to the Independent Resurvey of said Township as approved by the U.S. Surveyor General in Denver, CO on June 20, 1922, being more particularly described as follows: Beginning at A.P. #1 of Tract 66, identical with A.P. #4 of Tract 65, being a found %" iron pipe with a 2 W' USGLO brass cap, Thence, S 750 13' 10" W, a distance of205.98 feet to the northwest corner ofthe airport access fence as it exists today, said point being the true place of beginning for the parcel ofland herein described; Thence, N 080 24' 49" W, a distance of 52.66 feet to a point; Thence, S 89053' 26" W, a distance of 133.31 feet to a point; Thence, S 89053' 26" W, continuing along the Northerly Line of Tract 66, a distance of 2315.25 feet to a found USGLO brass cap on a %" iron pipe, being A.P. #6 of Tract 67, identical with A.P. #3 of Tract 65; Thence, S 890 56' 27" W, along the Northerly Line of Tract 66, a distance of 281.80 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; Thence, S 000 14' 03" E, a distance of290.95 feet to a found #5 rebar with aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; Thence, N 89053' 34" E, a distance of903.26 feet to a found #5 rebar with no cap; Thence, S 000 07' 09" E, a distance of966.82 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428 on the northern right of way of Cooley Mesa Road; Thence, S 890 58' 13" E, continuing along the northern right of way of Cooley Mesa Road, a distance of 225.66 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; Thence, N 890 58' 01" E, continuing along the northern right of way of Cooley Mesa Road, a distance of 196.32 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; Thence, N 890 58' 06" E, continuing along the northern right of way of Cooley Mesa Road, a distance of 170.01 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; EXHIBIT b ~ -' ~ l!l Thence, N 890 58' 4 I" E, continuing along the northern right of way of Cooley Mesa Road, a distance of 449.09 feet to a found #5 rebar with an aluminum cap LS 30084, now upgraded with a 3 W' aluminum cap LS 33428; Thence, S 89057' 35" E, along the northern right of way of Cooley Mesa Road, a distance of280.06 feet to a point; Thence, N 040 20' 48" E, a distance of 517.32 feet to a poim; Thence, N 83002' 38" E, a distance of 568.30 feet to a point on the airport access fence as it exists today; Thence, N 080 27' 46" W, continuing along the airport access fence, a distance of 63 1.10 feet to the true place of beginning, and containing 2,333,348 square feet, or 53.566 Acres of land, more or less, as surveyed by Benchmark Engineering Services, Inc. in April of 2005, but subject to aU right of ways and easements of record, ifany. ~ /. , EAGLE CO~ l"Y AIRPORT MAY 1 9 2005 ~ GRAZING LEASE ENGINEERING ~ r din . 01 "'"0 .01 ON 0 VI MAINTENANCE LEASE AREA "- rOUND '5 REBAR ):\ UPGRADED 'MTH It. J_iM .;:,........ ALUMINUM CAP STAMPED LS 33428 lc. <!' '~ 200 400 N89'08'29"W N89'57'33"W 0" 800 165.06' 561.09'obs I , J I N88~'9s'"W S89"28'02"W $89'58'13"E N89"58'06"E @ "-P. 4 TRACT U SCALE: 1 inch = 400 ft. ' 98. 48'OOs 225.66'oos 170.01' OOs ;oo::,s;.c:: COOLEY MESA ROAD PIPE WITH 2-JI" STEEl. eN' SURVEYOR'S CfRTIFICA TI; I. RICHARD J. MIGCHELBRINK, A PROFESSIONAL LAND SURVEYOR R GIS LAWS OF THE STATE OF COLORADO. DO HEREBY CERTIFY THAT H NOTICE: BY ME AND UNDER MY SUPERVISION, AND THAT THE MAP CCUR TO THE BEST OF MY KNOWLEDGE. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL DA TE --del/ilL ACTION BASED UPON ANY DEFECT IN THIS SURVEY I'I1THIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHO'M'l HEREON. EAGLE COUNTY AI BENCHMARK ENGINEERING SERVICES GRAZING LEASE P,O, BOX 4619 COUNTY OF EAGLE 775 CHAMBERS A VENUE, B201 STATE OF COLORADO EAGLE, COLORADO 81631 (970) 328-2111 FAX (970) 328-2113