HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2005 - RESOLUTION 2005-064 APPROVING AN INTERGOVERNMENTAL ITEM NUMBER: 26
AGENDA ITEM SUMMARY DATE: June 7, 2005
FORT COLLINS CITY COUNCIL STAFF: Dean Saye
Helen Matson
SUBJECT
Resolution 2005-064 Approving an Intergovernmental Agreement with the City of Thornton
Concerning the Dry Creek Drainage Improvements Project.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
Property acquisition costs for the construction of the Dry Creek Drainage Improvements Project will
be covered by available project funds. Appropriations for the Project include $1,400,000 in
2002, $3,400,000 in 2004, and future appropriations of$3,300,000 in 2005.
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project ("Project") began in 2003.
Portions of the Project are currently underway and the balance is scheduled to start later in 2005
with completion scheduled in 2006. The total project involves a combination of sub-projects in the
upper, middle and lower basins to reduce the likelihood of flooding.
BACKGROUND
Dry Creek,a tributary of the Poudre River,extends from near the Wyoming border to where it joins
the Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek
Basin is approximately 23 miles long and six miles wide, encompassing approximately 62 square
miles. The upper and middle portions of the basin are primarily used as rangeland, irrigated hay
meadows and pastures. The majority of the lower basin is developed for commercial,industrial and
residential uses.
The 100-year floodplain and floodway were originally mapped as part of a FEMA Flood Insurance
Study in 1979 and revised in 1996. The original master plan was completed in 1980. In 2002,Fort
Collins Utilities mapped a revised floodplain and floodway for portions of the basin as part of a
comprehensive update of the City's stormwater master plan. The floodplain and floodway map
June 7, 2005 -2- Item No. 26
reflect the higher rainfall standard adopted by City Council in 1999. Dry Creek is a FEMA-
designated floodplain and is subject to the City's floodplain regulations.
The total project includes modifications to the Douglas Reservoir spillway, construction of two
detention ponds,installation of SCADA system,construction of an irrigation water supply pipeline
from Reservoir#4 to Terry Lake, and construction of open channels to carry stormflows from the
Larimer&Weld Canal to near the confluence of Dry Creek and the Poudre River. Sub-projects in
the middle basin are currently being constructed or are in the final design phase. In the middle basin
one of these sub-projects, Flood Control Basin #1, requires the purchase of one permanent storm
water easement, a permanent access easement, a permanent improvement easement, a temporary
construction easement and two temporary access easements from the City of Thornton. Council
approval of the proposed intergovernmental agreement with Thornton will authorize the acquisition
of these easements.
Staff recently learned that the easements necessary for the construction of the improvements may
conflict with an existing easement. Consequently,there may be a need for staff to modify the legal
descriptions by up to 40 feet laterally.
RESOLUTION 2005-064
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF THORNTON CONCERNING
THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, Dry Creek is a tributary of the Poudre River which begins near the
Wyoming border and flows into the Poudre River near the intersection of Mulberry Street and
Timberline Road and is approximately 23 miles long and six miles wide, encompassing
approximately 62 square miles; and
WHEREAS, Dry Creek is a FEMA-designated floodplain subject to the City's floodplain
regulations; and
WHEREAS, the 100-year Dry Creek floodplain and floodway were originally mapped as
part of a FEMA Flood Insurance Study in 1979 and revised in 1996; and
WHEREAS, in 2002, Fort Collins Utilities mapped a revised floodplain and floodway for
portions of the Dry Creek basin as part of a comprehensive update of the City's stormwater
master plan, and that floodplain and floodway map reflect the higher rainfall standard adopted by
City Council in 1999; and
WHEREAS, on February 5, 2005, the City Council adopted Ordinance No. 010,
2002 authorizing appropriations for the Dry Creek Basin Capital Project, on November 18, 2003,
the City Council adopted Ordinance No. 156, 2003 authorizing additional appropriations for the
Dry Creek Basin capital project, and on November 16, 2004, the City Council adopted
Ordinance No. 164, 2004 authorizing additional appropriations for the Dry Creek Basin capital
project to construct the Dry Creek Drainage Basin Improvements Project; and
WHEREAS, a sub-project of the Dry Creek Basin Drainage Project is the construction of
Flood Control Basin #1, the purpose of which is to hold stormwater during flood events; and
WHEREAS, the improvements needed for Flood Control Basin #1, including a dam and
detention pond, are to be constructed on land owned by the City of Thornton; and
WHEREAS, the City of Thornton and the City of Fort Collins desire to enter into an
Intergovernmental Agreement ("Agreement") that sets out the responsibilities and expectations
of each party, including the granting of easements to the City of Fort Collins for the
construction, maintenance, and operation of the dam and access to the dam; and
WHEREAS, the proposed Agreement provides for payment by the City of Fort Collins to
the City of Thornton in the amount of up to $92,286.00 for the above-described easements; and
WHEREAS, due to information available to staff at this time, there may be conflicting
easements with the easements identified in the Agreement; and
WHEREAS, staff may need to shift the legal descriptions up to 40 feet laterally to
eliminate overlap with the possible existing, conflicting easements; and
WHEREAS, the proposed Agreement has been found to be acceptable by the Council of
the City of Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Agreement, in substantially the form shown on Exhibit
"A", attached hereto and incorporated herein by this reference, is hereby approved by the
Council.
Section 2. The Mayor is hereby authorized to execute the Agreement on
behalf of the City, subject to such revisions including but not limited to legal descriptions, if any,
that the City Manager, upon consultation with the City Attorney, may deem necessary to
effectuate the intent and purposes of the Agreement consistent with the terms of this Resolution.
Passed and adopted at a regular meeting of the City Council held this 7th day of June,
A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT CONCERNING EASEMENTS FOR
THE DRY CREEK FLOOD DIVERSION PROJECT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of 2005, by and between THE CITY OF FORT COLLINS, COLORADO,
a home-rule municipality, hereinafter referred to as "Fort Collins," and THE CITY OF
THORNTON, COLORADO, a home-rule municipality, hereinafter referred to as "Thornton".
WITNESSETH:
WHEREAS, the Dry Creek Basin has historically included a flood plain and it is the goal
of Fort Collins to intercept flood flows north of the city and divert those flows to the Poudre
River east of College Avenue; and
WHEREAS, Fort Collins has worked with Larimer County and other entities in planning
and preparing for the control of flood flows in the Dry Creek Basin and those parties are in
agreement that controlling these flood flows is appropriate; and
WHEREAS, Thornton is the owner of certain properties within the Dry Creek Basin
which are currently used for agricultural purposes (the "Property"); and
WHEREAS, Fort Collins has initiated the Dry Creek Drainage Improvements Project
("Project") to intercept and control flood flows in the Dry Creek Basin; and
WHEREAS, as part of the Project, Fort Collins desires to construct a dam and detention
pond and other improvements on land owned by Thornton; and
WHEREAS, Fort Collins desires to have permanent easements on the Property for the
dam and 100 year flood pool and crest pool as well as a permanent access easement and
temporary construction easement as more specifically identified on Exhibits A, B, C, D, E and F;
and
WHEREAS, Fort Collins and Thornton desire to (1) provide for flood flow control within
the Dry Creek Basin; (2) not unreasonably interrupt the present use of the dryland farming and/or
cattle grazing operations during the construction of the Project; (3) protect tenants, employees
and agents of Thornton and Fort Collins during construction of the Project; and (4) return the
Property, subject to appropriate improvements and easements, to Thornton in a condition in
compliance with terms and conditions of the Findings of Fact, Conclusions of Law, Judgment
and Decree on Remand, entered in Consolidated Cases Nos. 86CW401, 86CW402, 86CW403,
and 87CW332, by the District Court in and for Water Division No. 1, State of Colorado, on
March 9, 1998 ("Decree"); and
WHEREAS, certain water rights owned by Thornton were used historically to irrigate the
Property. These water rights were changed by, and are subject to, the Decree; and
WHEREAS, paragraph 57.9 and subparagraph 57.9.1 of the Decree require the
establishment of suitable self-sustaining dry-land cover, also known as revegetation, or other
suitable non-irrigated use on the Property; and
WHEREAS, as confirmed by a letter dated November 22, 2002 from Jon E. Wicke,
District Conservationist of the Natural Resources Conservation Service to Brian Foss,
Thornton's Farm Operations Administrator, Thornton has successfully and fully established an
"excellent stand of mostly Brome grass" on the Property; and
WHEREAS, Thornton is willing and able to cooperate with Fort Collins to facilitate the
construction of the Project; and
WHEREAS, Thornton owns significant water rights in Larimer and Weld Counties that
at some time in the future will require the construction of facilities and improvements that may
include a pipeline in the vicinity of Fort Collins to transport Thornton's water to Thornton; and
WHEREAS, Thornton desires to cooperatively resolve any concerns of Fort Collins at
such time as Thornton desires to construct said facilities and improvements.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Dry Creek Drainage Improvements. The Dry Creek Drainage Improvements
Project includes but is not limited to modifications to Douglas Reservoir Spillway, construction
of a detention pond on the Property, installation of a SCADA system, construction of an
irrigation water supply pipeline from Water Supply and Storage Company ("WSSC")
Reservoir #4 to Terry Lake, modifications to the Larimer County Canal, WSSC Reservoir #4
outlet modifications, and construction of open channels to carry the flow from the Larimer &
Weld Canal to the Poudre River. These improvements allow for safer building construction
and human habitation in Fort Collins and in Larimer County.
2. Grant of Easements. Subject to the terms and conditions hereinafter set forth,
Thornton hereby grants and conveys to Fort Collins, its successors and assigns, non-exclusive
perpetual easements and right-of-ways upon, over, above, across, and under the surface of that
portion of Thornton's property which are legally described in Exhibits A, B, and C attached
hereto and incorporated herein.
Exhibit A: Permanent 100 Year Pool and Crest Pool Easement;
Exhibit B: Dam Easement;
Exhibit C: Access Easement.
2
In addition, Thornton hereby grants and conveys to Fort Collins, it successors
and assigns, non-exclusive temporary construction easements which are legally described in
Exhibits D, E, and F attached hereto and incorporated herein.
Exhibit D: Temporary Construction Easement for Access;
Exhibit E: Temporary Construction Easement for Access;
Exhibit F: Temporary Construction Easement for Dam.
3. Term and Termination. Because the Project requires the construction of a dam
and related works which are intended to detain flood waters resulting from precipitation and
flood flows in the Dry Creek Basin ("Flood Event") and because it is impossible to predict
when a Flood Event may occur and it is contemplated that the operation of the Project will
continue into the foreseeable future, this Agreement shall remain in full force and effect unless
and until Fort Collins and Thornton agree in writing to terminate it or until Fort Collins
permanently ceases operating the Project components located on the Property, reasonably
abandons the Project components located on the property, including breaching the dam and
removing the outlet works, and vacates the permanent easement to the then owner of the
Property. In order to terminate this Agreement, the parties will execute, in writing, a notice of
termination in compliance with this Agreement including the provisions of this paragraph.
4. Effective Date. This Agreement shall be presented to the appropriate authorities
of Fort Collins and Thornton and shall become effective upon approval by both parties.
5. Project Construction Terms and Conditions.
a. Access. Temporary access by Fort Collins and its agents for construction of
the Project on the Property shall be at the northwest comer of the Property as
shown on Exhibits D and E Permanent access for maintenance, inspection,
operation and repair of the Project shall be as shown on Exhibit C.
b. Continued Use by Thornton or Thornton's Tenant. Except as specifically
authorized herein, Fort Collins will not interfere with Thornton's continued
use of the Property.
c. Farm Access. Access entrances for farm and emergency vehicles will remain
as currently exist unless mutually agreed to in writing by Thornton and Fort
Collins.
d. Fencing. Fencing and gated openings shall be located as shown on Exhibit G,
attached hereto and incorporated herein. Fort Collins will provide additional
fencing as needed to exclude livestock from the construction area and
permanent Project improvements and will repair any existing fencing that is
damaged by Fort Collins, its Employees or agents. Project construction shall
3
not impact livestock production and farm access except within the
construction area fenced pursuant to this paragraph.
e. Water. Fort Collins will provide water for Thornton's tenant's pastured
livestock isolated from a water source by new fencing or construction activity
during the Project's construction period by making a stock watering tank
available to the livestock and keeping it supplied with potable water during
the time such livestock are isolated from a water source by Fort Collins'
construction of the Project activities.
f. Grazing. The Property other than the area fenced off for construction of the
Project as indicated in paragraph d above will remain available for grazing by
Thornton's tenant.
g. Restoration. After construction of the Project, Fort Collins will return the
Property to the conditions as required by the Decree in the manner specified in
paragraph 8 below.
6. Payment. Fort Collins agrees to pay Thornton within 30 days of the Effective
Date of this Agreement the sum of Ninety-two thousand two hundred eighty-six dollars
($92,286.00) for the easements for the dam and 100 year flood and crest pools as well as a
permanent access easement and temporary construction easements.
7. Permitting for Thornton Water Facilities and Improvements. Thornton
owns water rights in Larimer and Weld Counties described in the Decree that at some time in
the future will require the construction of additional facilities and improvements that may
include a pipeline in the vicinity of Fort Collins to transport said water to Thornton. Fort
Collins agrees that it will negotiate in good faith with Thornton to try to resolve any concerns
or objections to any permits that Thornton may seek at a future date for the construction of
such facilities and improvements.
8. Revegetation and Compliance with Thornton's Water Decrees.
a. Thornton's Rights and Obligations.
1) Thornton remains responsible for meeting the terns, conditions,
and requirements of the Decree, which shall be accomplished without
expense to Fort Collins, except as otherwise provided in this Agreement.
2) Thornton shall have the right of access to the Property before,
during, and after construction of the Project to assure that the work to be
performed under this Agreement does not violate any of the terms,
conditions and requirements of the Decree pertaining to Revegetation.
4
3) Before, during, and after construction of the Project, Thornton,
through its authorized personnel, may advise Fort Collins concerning
compliance with the portions of the Decree made applicable by this
Agreement. Thornton represents that the Property currently satisfies the
revegetation requirements under the Decree based upon the approval of
the Natural Resources Conservation Service, Greeley office (the "NCRS")
that the Property was sufficiently revegetated as of November 22, 2002.
4) If Thornton believes that the work being done by Fort Collins
would cause Thornton to be in violation of the requirements of the Decree
made applicable by this Agreement, Thornton shall provide notice to Fort
Collins, pursuant to the notice requirements in this Agreement, as soon as
it learns or believes that such a violation may occur. Upon receipt of such
notice the Parties shall confer on an appropriate revegetation plan to bring
the Property into compliance with the Decree. If at any time Thornton
believes Fort Collins is in violation of this Agreement and that such
violation will lead to a violation of the Decree, causing a loss of water
rights to Thornton, Thornton may, after providing written notice of said
belief to Fort Collins and giving Fort Collins 30 days to respond, arrange
for such work as is necessary to cure or prevent a violation of the Decree
and pursue judicial relief as necessary to recover the cost of said work
from Fort Collins.
b. Fort Collins' Rights, Acknowledgments, and Obligations.
1) Fort Collins acknowledges that the Property currently satisfies
the revegetation requirements of the Decree.
2) Fort Collins shall conduct its construction and operation of the
Project on the Property in a manner that is consistent with the revegetation
requirements of the Decree.
3) Fort Collins acknowledges that the revegetation requirements of
the Decree apply to the easements granted to Fort Collins and to the land
disturbed by the construction of the Project and agrees to implement an
appropriate revegetation plan in accordance with this Agreement..
4) Fort Collins also acknowledges that following a Flood Event,
Fort Collins shall be responsible for any work that may be needed to allow
Thornton to meet the applicable revegetation requirements of the Decree
on the Property within the area of the permanent easements granted to Fort
Collins.
5
5) Fort Collins agrees to clean up and remove all debris deposited
on the Property by a Flood Event and to repair or replace any fencing
damaged by the flood in the easement area.
6) If any of the opposers to the Decree invoke the Decree's retained
jurisdiction provision to address issues related to the revegetation
requirements on the Property resulting from construction of the Project or
as a result of a Flood Event, Fort Collins shall share equally with Thornton
all costs and fees associated with responding to such retained jurisdiction
process, including reasonable attorneys fees associated therewith.
9. Liability. Both Fort Collins and Thornton are public entities as that term is
defined pursuant to the Colorado Governmental Immunity Act ("Act"), C.R.S. § 24-10-101, et
seq. The Parties have the benefits and responsibilities enumerated in that Act.
Pursuant to the requirements and limitations of the Act, and to the extent permitted by
law, Fort Collins shall indemnify Thornton from any and all claims for injuries or damages
caused by any negligent or intentional acts or omissions of Fort Collins, its officers, agents,
employees, and assigns in performing functions or activities upon real property in and around
the Project area pursuant to the work under this Agreement. Pursuant to the requirements and
limitations of the Act, and to the extent permitted by law, Thornton shall indemnify Fort
Collins from any and all claims for injuries or damages occurring as a result of negligent or
intentional acts or omissions of Thornton, its officers, agents, employees, and assigns in
performing functions or activities upon real property in and around the Project area pursuant to
the Work under this Agreement.
The foregoing indemnities are intended to include indemnification for all costs and
expenses related to defending against said claims including, without limitation, litigation costs
and attorneys fees. The Parties agree that all such claims shall be subject to any notice
requirements, defenses, immunities or limitations to liability that the potentially liable Party
may have under the Act and to any other defenses, immunities, or limitations to liability
available to the potentially liable Party under law.
10. Relationship of the Parties. The parties enter into this Agreement as separate and
independent entities and shall maintain such status throughout the term of this
Intergovernmental Agreement.
11. Amendment. No amendment or other modification of this Agreement shall be
valid unless pursuant to a written instrument signed by both parties.
12. Assignment. All the benefits and burdens included in this Agreement are
appurtenant to the Property and will run with the land except that Thornton may, at the time of
transfer, retain certain rights, including rights relative to the Decree. Except as provided in
6
this paragraph the Parties may not assign the benefits and burdens under this Agreement
without the written consent of the other.
13. No Third Party Beneficiary, The terms and conditions of this Agreement, and all
rights of action relating thereto, are strictly reserved to the Parties, and nothing in this
Agreement shall give or allow any claim or right or cause of action whatsoever by any other
person not included in this Agreement. Any person and/or entity, other than the Parties,
receiving services or benefits under this Agreement shall be deemed an incidental beneficiary
only.
14. Governing Law and Enforceability, This Agreement shall be construed in
accordance with the laws of the State of Colorado. The Cities recognize that the constitutions,
statutes, and rules and regulations of the State of Colorado and of the United States, as well as
their respective city charters, codes, and the Decree impose certain legal constraints on each
Party, and the Parties intend to carry out the terms and conditions of this Agreement subject to
those constraints. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner so as to be effective and valid under applicable law.
15. Remedies. In recognition of the importance of compliance with the laws and the
Decree and this Agreement, the Cities shall have all enforcement rights and remedies available
at law or in equity. These remedies may be exercised cumulatively. Without limiting the
generality of the foregoing, the rights and remedies shall include specific performance,
preliminary and final injunctions, temporary restraining orders, declaratory relief, recovery of
attorney's fees, and damages.
16. Venue. Any legal action concerning the provisions hereof shall be brought in the
County of Larimer, State of Colorado.
17. Waiver. A waiver of a breach of any of the provisions of this Agreement shall
not constitute a waiver of any subsequent breach of the same or another provision of this
Agreement.
18. Effect of Invalidity. If a court of competent jurisdiction invalidates any portion of
this Agreement as to either or both Parties, the remaining portions of this Agreement shall
remain effective, except that any corresponding right or obligation of the other Party shall be
deemed invalid. If a court of competent jurisdiction invalidates the entire Agreement, the
Parties shall take such action(s) necessary to achieve to the greatest extent possible the intent of
this Agreement.
19. Construction. This Agreement shall be construed according to its fair meaning as
it was prepared by both Parties. Headings in this Agreement are for convenience and reference
only and shall in no way define, limit, or prescribe the scope or intent of any provision of this
Agreement.
7
20. Representations, Budgeting, and Appropriation. Each City represents to the other
that it has the power and authority to enter into this Agreement and the individual signing
below on behalf of that City has the authority to execute this Agreement on its behalf and
legally bind that City. Further, to the extent that the terms of this Agreement require each City
to undertake work extending beyond one year, such work is expressly contingent upon the
annual budgeting and appropriating by the governing body of each City of funds sufficient to
complete the work.
21. Ownership of Intellectual Property. All studies, reports, or other written materials
generated to complete planning and environmental review for permitting the Project shall be
intellectual property of Fort Collins. Copies of all studies, reports and written materials
generated to complete the planning and environmental review for permitting that part of the
Project on the Property shall be provided to Thornton upon written request.
22. Parties to Exercise Good Faith. The Cities agree to devote their best efforts and to
exercise good faith in implementing and adhering to the provisions of this Agreement.
23. Notices. All notices provided for under this Intergovernmental Agreement shall
be effective when mailed, postage prepaid, and sent to the following addresses:
If to Fort Collins: City Manager
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
With a copy to: City Attorney
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
If to Thornton: City Manager
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
With a Copy to: City Attorney
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
Notice of change of party or address shall be treated as any other notice.
8
IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to
be executed the day and year first written above.
CITY OF THORNTON
ATTEST:
By: By:
City Manager City Clerk
APPROVED AS TO FORM
By:
City Attorney's Office
CITY OF FORT COLLINS
ATTEST:
By: By:
City Manager City Clerk
APPROVED AS TO FORM:
By:
City Attorney's Office
9
stantec eonsohhrg Inc
209 South Meldrum Street
Fort Collins CO 80521.2603
Tel:(970)482-5922 Fax:(970)482-6368
stantec.ccm
L/
EXHIBIT A
Stantec
DESCRIPTION:
A tract of land located in Section 15, Township 8 North, Range 69 West of the 61h
Principle Meridian, County of Larimer, State of Colorado, being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section 15 as bearing
South 89145'30" East with all bearings herein relative thereto.
Commencing at the North Quarter Comer of said Section 15, monumented with a found
2 V2 inch Aluminum Cap, PLS 7839, dated 2001, thence along the east line of the west
half of said Section 15. South 00°57'58" West 569.38 feet to the POINT OF
BEGINNING, thence departing said east line South 44°44'54" East 178.44 feet, thence
South 22'1 Y51" West 146.76 feet, thence South 01°38'09" West 199.86 feet, thence
South 30°53*23" East 197.28 feet, thence South 47'36'17" East 214.99 feet, thence
South 61°38'47" East 192.06 feet, thence North 87°54'28" East 120.94 feet, thence
South 69°22'01" East 170.95 feet, thence South 37°47'12" East 60.21 feet. thence South
61°27'22" West 289.26 feet, thence South 18°50'50" West 291.59 feet, thence South
12°02'27" East 195.03 feet, thence South 08'12'34" East 175.06 feet, thence North
87°43'41" West 24.84 feet, thence North 05°47'24" West 234.00 feet, thence North
73°57'11" West 296.39 feet, thence South 09°44'33" West 338.91 feet. thence South
84°33140" West 489.16 feet, thence North 82°41'l8" West 71.14 feet, thence North
4697'58" West 620.76 feet, thence North 50°54'45" West 76.13 feet, thence North
43°25'39" East 355.56 feet, thence North 07049'12" East 512.72 feet. thence North
85°47'30" West 159.47 feet, thence North 56001'22" West I l 1.19 feet, thence North
16°55'06" West 171.14 feet, thence South 89°24'29" East 389.02 feet, thence North
54'16'50" East 416.82 feet, thence North 58018'16" East 201.45 feet, thence South
44°44'54" East 25.55 feet to a point on the aforementioned east line of the West Half of
said Section 15, and the POINT OF BEGINNING.
The above tract contains 38.801 acres, more or less, and is subject to all easement
rights of-way now on record orreexisiting. f
VA
SU
Michael David Lang; Colorado Prof onal Land Surveyor No. 37053 s e� o
3cso
L:\SURVEY\EXHIBITS\187310058\THORNTON-EXHIBIT-A.doc ssI y.'...�'SJQ
kil indl Thursday,July 08,2004 Rev: July 20, 2004 Rev: May 13,2005 SAL LANs
� s o
�$ 1
F
ti ^tl�x I
Q ft N
1
Km5 j
mLu i
i i
�g= a
O� W9C t■ 4 d d�
88
YJ �noY
i
ry U YI
= No
a 'n� 9 Sp i
COAMOM
n � 1
yy ..
916 1 pryer*or"-D!F
i
I
m;
I $w
d 1 1
I
i rtY YJ lLi�]rM •Mi Mi/L� 0•C9Op1��YOYYJWI_Y/YtlIT!/9L\RCML[/OT<IIfIYYI\\irtMI1C\rl
Stantec Consulting Inc
209$Juth Meld%-Stree-
Fart iol'ins CO 60521-25,95
i6 i9701 482 5922 Fax iS70i 462 6368
stantec.co-.
L!'
EXHIBIT B
Stantec
DESCRIPTION:
A tract of land located in Section 15. Township 8 North, Range 69 West of the C
Principle Meridian, County of Latimer. State of Colorado, being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section 15 as bearing
South 89c45'30" East with all bearings herein relative thereto.
C'onunencin- at the North Quarter Corner of said Section 15, monumented with a found
2 's': inch Aluminum Cap, PLS 7839, dated '001, thence along the east line of the west
half ofsaid Section 15, South 00`57'iV West 2353.36 feet to the POINT OF
BEGTNTTNG. thence departing said east line North 84=33'40" East 168.79 feet, thence
North 09'44'33" East 338,91 feet. thence South 73'571 I" East 296.39 feet, thence
South 05'47'24" East 74.13 feet, thence South 0S'47'24- Mast 159.87 feet, thence South
8743'41" East 24.84 feet, thence South 87"43'41" Gast 176.86 feet, thence South
i0°33'37" East 73.37 feet, thence South 76'11'14" West 23153 feet, thence 1UUt11
0�147'24" East 254.77 feet, thence North 90'00'00" West 31 1,83 feet, thence North
27'36'S3" \4'est 219.02 feet. thence South 84"10'38" Nest 62738 feet, thence North
41'57'16" est 760.34 feet, thence North 3734'37" \Pest _0_'.91 feet, thence North
70`20'39" East 30.78 feet, thence North 70'20'39" East 45.22 feet, thence South
50054'45" East 209.14 feet, thence South 50'54'45" East 76.13 feet, South 46°3758"
East 620.76 feet. thence South 82'4] 'IS" East 71.14 feet, thence North 84'33'40" East
320.37 feet to a point on the aforementioned east line of the Nest Ha►f of said Section 15,
and the POINT OF BEGINNING.
The above tract contains 11.203 acres, more or less, and is subject to all easements and
rights of way now on record or exisiting.
U r
U
37053 p}
Michael David Lang; Colorado Prof ional and Surveyor No. 37053 =
L:`SURVEY'•E\HI BITS`187310055`THORNTON-E-\HIB IT-B.doc
kil;mdl Thursday, July 08. 2004 �AL LAB
s
a $
>s.
a � 6
m
Lid
, ! }rye
z1< ! i
offs 1 NMI
a am w 59 39 59 5 33 99
� i
w a
i
i
NOV
i
J
5 0 .1
�
LL 1
1
g� g
gir
� H� 1
I
I
; S b
yy¢¢y55 j n s i �QY
g 1
iE
----------
� y _ _ __ ____.-'
UNfIW a3111YV1 - -
mY w mrefun, Erma+mim ORswrt_ueivaaui-Y�xnnrwOr\xv„rfiRi\ClnruYl\Ilnanf\n
stantec Consulting Inc
" 209 Sou,h I,4edrum Street
For.Collins CO 8C521 26e3
Tel:(9M 482-5922 fd..:,97C 482-4368
stantcK.c.c.,r
Stantec
EXHIBIT c me
DESCRIPTION:
A tract of land located in Section 15. Township 8 North, Range 69 West of the 6"
Principle -Meridian, County of Latimer. State of Colorado, being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section i 5 as hearing
South 89`45'30" East with all bearing's herein relative thereto.
Commencing at the North Quarter Corner of said Section 15. monumented with a found
2 '. inch Aluminum Cap, PLS 7839, dated 2001. thence along the north line of the
Northwest Quarter of said Section 15. North 89°45'30" West 2603.04 feet to the east
Right of Way line for Larimer County Road 19, thence along said east right of way line
South 00`56'22" West 40.00 feet to THE POINT OF BEGINNING of a strip of land 20
feet in sc-idth, lying northerly and easterly of, parallel with, and perpendicular to, the
following described line; South 89' 13'00" Fast 1080.99 feet, thence South 49` 07'46"
East 88.44 feet, thence South 07� 575I" East 219.08 feet to a point on the existing east
Right of R ay for the Union Pacific Rail Road, as recorded at Reception No. 86029980,
Clerk and Recorders Office of Larimer County, Colorado. thence continuing along said
east right of way line South 07' 57'S I" Gast 1396.95 feet, thence departing said east right
of way line South 32° 32'57" East 108.74 feet to the POINT OF TERMINUS, with
sidelines that are prolonged and shortened to meet a line bearing North 70°'20'39" East
from the point of Terminus and also the existing east right of way line for Larimer
County Road 19.
The above tract contains 1.335 acres, more or less, and is subject to all easements and
rights of way now on record or exisiting.
8
Michael David Lang; Colorado ro tonal Land Surveyor No. 37053
;9 9-W i
L^,SI,RVEI'J?XHiBITS'.1 873 1005 8 THORNTpN-F.XHIAIT-C.doc S'i
kjVmdlThursday.July 08,2004 ��L LAt�
.7 .
�; |§ |
. . § . .
! � �
. . > . . ` }
cog
» . } §/
■ a,
ow\Q� \k
. .�
\ ; \/
.
-
/ �OF R DEED �- -3— \
_
w
�--- �
�\\\ �
|�
� \ \ � �\/\ ��� � . � ® � � ■|� \ \ .
(}} ||| \ \
HIS
§ |j )■ .
His
| ■
® � $ \� \ .
||| IN
d »�� '■ |
� dy\d 6 aNnou
Starter Consulting Inc
X4 Scutr Meldrum St eei
F91 Collins CO 00521-2603
Tek(97G)482-592'Far+.9'G; 482.6366
L�
i
Stantet EXHIBIT D
DESCRIPTION:
A tract of land located in Section I Township 8 North. Range 69 West of the 67'
Principle Meridian, County of Larimer, State of Colorado, being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section 15 as bearing
South 89'45'30" East with all bearings herein relative thereto.
Commencing at the North Quarter Corner of said Section 15. nionumented with found
'.: inch Aluminum Cap. PLS 7839. dated 2001, thence along the north line of the
Northwest Quarter of said Section 15, North 89'45'30" West 2603.04 feet to the east
Right of Way line for Larimer County Road 19, thence along said east line South
OW56'22" West 40.00 feet to THE POiN l' OF BEGINNING. thence South 89=13'00"
East 1080.99 feet, thence South 49=07'46" East 88.44 feet, thence North 55'34'S0" West
84.76 feet, thence North 89`13'00" West 1078.08 feet to a point on the said east Right of
Way line for Larimer County Road 19. thence along said cast right of way line North
00'S6'22" West 10.00 feet to the POINT OF BFGNNI\G.
The above tract contains 0.257 acres, more or less, and is subject to all casement-
rights of way now on record or exisiting. q /
V/0
O
�� tv 37053 Q? O
90 �_ Sri•
• J
Michael David Lang; Colorado Pr ssional Land Surveyor No. 37053 •
`c2�NAL tlN°
L:'.SURVEYE\HIBITS'.1 8 7 3 1 0058 THOR\'TO\'•E;IHIBIT.D.doc
kjL'mdl Monday, July 05, 2004
{ m
e
M696 N91
y 9L Nu 3 a°ms"ras3M
o arena
m
a
3 = els
Q � big
� _ s �Ws
N8 f a19
WW2 TAOR10" OW
�' �
4 a Vi m 1 7 Cpnam NO
a
g m � o
LL m
Om
4g4 O
a d
0 u: m
LDN< A
m n r N 2
Jm XNN �fp hp
WHO I-WW WVy�
O
€06*1 pg }q�
W j= (yy- 8 F K df
--- 1 -------------- 3 1 —
o 3 ,ZZ,9S.0O N
e 6l OVON AiNnoo 63NINVI
sSzom m
IIN VV IwNRn VMiiNrrn OY'?-iIIHNYJOUf-WOVlllrc/an OCMIt/OI\tlfRmvi\IanYll!\il
sty catud"ix
20A sout.Melm—sr_?:
For['dins Cc so62 c%v;
'H i9791482-5922 Fax :97:: 41-6366
SidrREC.C.T
♦ r
S atitK
EXHIBIT E
DESCRIPTION:
A tract of land located in Section I>, 'Township 8 North. Range 69 Rest of the 6
Principle Meridian. County of Larimer. State of Colorado. being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section 15 as bearing
South 89'45'30" East with all bearings herein relative thereto.
Commencing at the North Quarter Comer of said Section 15. monumented by a found
2 '. inch Aluminum Cap. PLS 7839. dated 2001, thence along the north line of the
Northwest Quarter of said Section 15. North 89"4530" «'est 1515,04 feet. thence
departing said north line South 00`14'30-%Pest 30.29 feet to the POINT OF
BEGINNING, thence South 49-07'46" East 103.25 feet. thence South 07- 5 7'S1" East
1619-18 feet. thence South 32"32'57" East 108.96 feet. thence North 70-20'39" East
10.26 feet, thence North 32�32'5 7" Rest 109.071 feet. thence North 07 57'S 1" West
161-1.42 feet. thence North 54 39'42" R"est 106.88 feet to the POIN l OF BEGINNING.
The above tract contains 0.410 acres, more or less, and is subject to all easements and
rights of way now on record or exisiting.
.0 .�
37053 Z'
v t p' ¢
Michael David Lang; Colorado Pr ssional Land Surveyor No. 37053 O�i 7-�-e5 :•
L:'SGRVEYEXHIBITS'1873?0033 THORNTON-EXHIBIT-L.duc s�p�q� u
kjl,'mdl %Ionday. Julq 05. 200
1 -Y
1 W
1
1 t
1
a f
yy�I �^�,
C < m
e
LU 6
#AM N9L C `
W 4 — _.._. _._._. _. sl NOLL039!0 lIYX 1e39 #
q � ,-3NE ado 1
I
vht
2
lluu ��
Cy5 Ai
jQ ;. I
Wow O a
aw fj
0 mil t
I
IOL
jig
IAo
P
aO 1 yrry11 '.
I 3
t: '. ��O mom / R
d
W ry^
yy Ni p
1 N OW
1 y�:
iE_
C11
I
�n�� 8i3 2PS��S
1
ri
el aroe"u'iuw;1`a3n'w`vi_.___3.zz.oroo X ,/�.__.
Inu uu armaen uwiani.n era_all_wauau_unminreiur.¢nna.enelnluvv..vns.rc.n '
Suaw cmduffi g Inc
Colh. Lc a::2
'Pi:;3>G};0"2. 4u=:+^'>'=•.�Zbs55
L/
Stantec
EXHIBIT F
DESCRIPTIO\:
A tract of land located in Section 15. Township 8 North, Ran_e 69 West of the 6'
Principle Meridian, County of Latimer. State of Colorado, being more particularly
described as follows:
Considering the north line of the Northwest Quarter of said Section 15 as bearinz
South 89`45'30" East with all bearings herein relati\e thereto.
Commencirg at the North Quarter Corner of said Section 15, monumented with a found
2 Y inch Aluminum Crap, PLS 7839, dated 2001, thence along the east line of the west
half of said Section 15, South 00°57'58" West 1920.44 feet to the POINT OF
BEGINNING. thence departing said east line North 90`00'00" East 318.61 feet. thence
South 48-12'1 T" East 247.22 feet, thence South 48--12'1 T' East 302.00 feet, thence
South 30--23 37" East 134.29 feet. thence South 76`1 1'14" West 241.97 feet. thence
South 05= 47"24 East 259.52 feet. thence North 90-'oo'00— 11'est 346.07 feet. thence
North 27�36'5 Y' Rest 2 17.59 feet. thence South 84'10'38" West 624.00 teet, thence
North 41 �57'16' Rest 771.27 feet, thence North 37'34'37" Rest 291,16 feet. thence
North 7W20'39" East 22.91 feet, thence South 32°32'57" East 20,52 feet, thence
North 70-20"39" East 30.78 feet, thence North 32`3'_'S7"' %N est -!M2 feet, thence
North 70`20"39 East 178.03 feet. thence South 50"54'45"" East 240.32 feet, thence
South 46=37 58" East 586.19 feet, thence South 82'41 '18" East 18.68 feet. thence
North 84'33'40" East 196.43 feet, thence North 00'00'00" East 324.44 feet, thence
North 90'00'00" East 134.69 feet to the POINT OF BEGINNING.
The above tract contains S. 137 acres. more or less, and is subject to all easements and
rights of wav now on record or esisiting and excludes all of that land described b� the
following:
Commencing at the North Quarter Corner of said Section 15, monumented with a found
'_ !/ inch Aluminum Cap, PLS 7839, dated 2001, thence along the east line of the west
half of said Section I5, South 00'S7'58" West 1920.44 feet, thence continuing along said
east line of the west half"of said Section 15. South 00'57 58" Rest 432.92 feet to the
POINT OF BEGINNING OF LAND EXCLUDED FROM EXHIBIT F. thence departing
said east line North 84=33'40` East 168.79 feet, thence North 09°44'33" East 338.91 feet._
thence South 73'5711" East 296.39 feet, thence South 05=47'24" East 74.13 fret, thence
1
4
Stantec
South 05'47'24" Last 159.87 feet, thence South 87`43`41'' East 24.84 feet, thence South
8743'41" East 176.86 feet, thence South 30°23'37" East 73.37 feet, thence South
76'11 ' 14" West 232.53 feet, thence South 05'47'24" East 254.77 feet, thence North
90°00'00" west 311.83 feet, thence North 2736'S3" kk est 219.02 feet, thence South
84'10'38" \4'est 627.38 feet, thence North 41`57'16" WesL 760.34 teet, thence North
37'34'37" West 262.91 feet, thence North 70'20'39- East 30.78 feet. thence .Worth
70°20'39" East 45.22 feet, thence South 50°54'45" East 209.14 feet, thence South
5 54'45" East 76.13 feet, South 46'1758" East 620.76 feet, thence South 82C41 18"
East 71.14 feet, thence North 84°33'40" East 320.37 feet to a point on the
aforementioned east line of the Rest Half of said Section 15. and the POINT OF
BEGINNING OF LAND EXCLUDED FROM EXHIBIT F
:U ! i0
37p53
pi e
9- " %ao
Michael David Lang; Colorado Profession and Survevor No. 37053 �•. ,.�•�{�
I%st.!RF'EYEXHIBITS'Ir.1100i.5 THORNTON-ENHIBIT-F doc SAL LAW
kjt'mdl "rhursda}. July 08, 2004
2
S �E
loll
I call,
LL
$ �< Lm
XH
Q ` j n Ipi9
Z.
z 3 5 5 5
! !
C L
W ! ! 0
S s Lm—�
Ital Inua n Iml� 1
< rdu n an uq
Y3 I
O y� p3
� J
4
a O a0 n
CSIS bill I
EaS Fty�•
�Ru u� IM1i/]M Mlli/IYJ//II GY�YI�_ypfy/pyf_Y4CnnM/R�\RCM10/R........Yi\t].\lYf!\il
cD
i,% i W
•z %
� y N
i
ll \ 1 n
W
/W - 05
6L5 R�� r \
��
r �
tw
7 \_
me crw\n.w e�.s