HomeMy WebLinkAboutC07-257 Town of Vail_meadow creek conservation easementFIRST AMENDMENT TO THE MEADOW CREEK CONSERVATION EASEMENT This FIRST AMENDMENT (the "First Amendment") to the MEADOW CREEK CONSERVATION EASEMENT (the "Conservation Easement") which was granted on the 28th day of April, 2006, by the TOWN OF VAIL, a governmental entity and political subdivision of the State of Colorado, acting by and through its Town Board, having an address of 75 South Frontage Road, Colorado, 81657 ("Grantor"), in favor of the EAGLE VALLEY LAND TRUST ("EVLT"), a nonprofit Colorado corporation, having an address of P.O. Box 3308, Eagle, CO, 81631 and EAGLE COUNTY ("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, having an address of 500 Broadway, Eagle, Colorado, 81631-0850 (collectively, EVLT and the County are co -holders referred to as "Grantee"), (Grantor and Grantee are referred to collectively as the "Parties"), is entered into by the Parties this day of , 2007. RECITALS WHEREAS, the Parties executed the Conservation Easement on the 28th day of April, 2006, and recorded the Conservation Easement on the 8`h of May, 2006 as Reception Number 200611791 in the records of the Clerk and Recorder of Eagle County, Colorado; WHEREAS, the Conservation Easement contains several exhibits, one of which is Exhibit C, the "Baseline Documentation Report Acknowledgment", which Exhibit C has been fully executed, but which Exhibit C 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 C with the blank version of Exhibit C 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 C, Baseline Documentation Report Acknowledgment attached hereto, with the blank version of Exhibit C contained in the Conservation Easement. IN WITNESS WHEREOF, the Parties to this First Amendment to the Conservation Easement, intending to legally bind themselves, have set their hands on the date first written above. - 1 - GRANTOR: TOWN OF VAIL, a political subdivision of the State of Colorado, by and through its Town Board STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me t4S his day of 200 7, by in his/her official capacity as a me�f the Town Board, a political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: f..2 `{ o`er a -2- 4 GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation By Cindy Cohage , xe 've D ector STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Theoregoing instrument was acknowledged before me this i-1-1 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. .p*C�. My commission expires: Notar y F of Coy-° COUNTY OF EAGLE, a political subdivis' of he State of Colorado, by and throug s County Commissioners By County Commissioner STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 200_, by in his or her 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 -3- Exhibit C Baseline Document Report Acknowledgement Grantor and Grantee acknowledge that each has read the Meadow Creek Conservation Easement "Baseline Documentation Report," dated July 1, 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. GRANTOR: TOWN OF VAIL, a political subdivision of the State of Colorado, by and through its Board of Trustees Its C�c�t #U -q . Wt.le..u- 40 - Date: 3.410- 04 GRANTEE: EAGLE VALLEY LAND TRUST, a Colorado non-profit corporation By: Its C-,,_,,, , ,, hX: 'SJR -e, � --k-- Date: ,Date: WC` `7' , -q- COUNTY OF EAGLE, STATE OF COLORADO, a political subdivision of the Stat olorado, by and through its Board o o Commissioners By: Its Date: -4- March 26, 2007 Eagle Valley Land and Trust Attn: Cindy Cohagen P.O. Box 3308 Eagle, CO. 81631 Re: Meadow Creek Conservation Easement Dear Cindy: TOWN OF VAI Enclosed, please find an executed original of First Amendment to the Meadow Creek Conservation Easement between Town of Vail, Eagle County and your organization. Once the amendment has been signed by all parties, please return a recorded fully executed copy to our office. Should you have any questions please contact our office at (970) 479-2460. OFFICE OF TOWN ATTORNEY J. MATTHEW MIRE Enclosure 75 South Frontage Road . Vail, Colorado 81657.970-479-2107 / FAX 970-479-2157 • www. vailgov. com :� RECYCLED PAPER