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HomeMy WebLinkAboutC07-094 Eagle Valley Land Trust_Eaton Ranch Conservation Easement_second amendmentSECOND AMENDMENT TO THE EATON RANCH CONSERVATION EASEMENT This SECOND AMENDMENT (the "Second Amendment") to the EATON RANCH CONSERVATION EASEMENT (the "Conservation Easement") which was granted on the 13th day of September, 2005, by EAGLE COUNTY, a governmental entity and political subdivision of the State of Colorado, as distinct from the general public, acting by and through its Board of County Commissioners (`BOCC"), having an address of 500 Broadway, Eagle, Colorado, 81631-0850 ("Grantor"), in favor of the EAGLE VALLEY LAND TRUST, a nonprofit Colorado corporation, having an address of P.O. Box 3308, Eagle, CO, 81631 ("Grantee"), (collectively, the "Parties"), is entered into by the Parties this 3 day of 2007. RECITALS WHEREAS, the Parties executed the Conservation Easement on the 13th day of September, 2005, and recorded the Conservation Easement on 20th day of September, 2005 as Reception Number 929980 in the records of the Clerk and Recorder of Eagle County, Colorado; WHEREAS, the Conservation Easement contains several exhibits, one of which is Exhibit D, the "Baseline Documentation Report Acknowledgment", which Exhibit D has been fully executed, but which Exhibit D was not recorded with the Conservation Easement; and WHEREAS, pursuant to Section 10 of the Conservation Easement, the Parties desire to amend the Conservation Easement consistent with its purpose, in order to substitute the fully executed Exhibit D with the blank version of Exhibit D the Conservation Easement was recorded with. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree to amend the Conservation Easement as follows: To substitute the fully executed Exhibit D, Baseline Documentation Report Acknowledgment attached hereto, with the blank version of Exhibit D contained in the Conservation Easement. IN WITNESS WHEREOF, the Parties to this Second Amendment to the Conservation Easement, intending to legally bind themselves, have set their hands on the date first written above. - 1 - GRANTOR: COUNTY OF EAGLE, a political ,u ohvisio e State of Colorado, by and through ' oar County Commissioners By County Commissioner STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The .foregoing instrument was acknowledged before me this day of , 200 , by L(Z \ in his official capacity as County Commissioner of Eagle County, a political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: ......._... . Notary Public -2- 1 VIGIL My Commission Expires August 21, 2007 GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation By Cindy Cohagen, Executive Director STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 200_, by Cindy Cohagen as Executive Director of Eagle Valley Land Trust, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public -3- Exhibit D Baseline Document Report Acknowledgement Grantor and Grantee acknowledge that each has read the Eaton Ranch Conservation Easement "Baseline Documentation Report," dated September 2006, and that the report accurately reflects the condition of the Property subject to the Easement as of the date of conveyance of the Easement. GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation Its GRANTOR: COUNTY OF EAGLE, a political subdivision of the State of Colorado, by and through its Board of County Date: Its Date: � '1�q -4-