HomeMy WebLinkAbout049 - 05/03/2022 - AUTHORIZING CONVEYANCE OF AN AMENDED AGREEMENT FOR A PERMANENT NON-EXCLUSIVE DRAINAGE EASEMENT ON PRORDINANCE NO.049, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF AN AMENDED AGREEMENT FOR A PERMANENT
NON-EXCUSIVE DRAINAGE EASEMENT ON PROPERTY JOINTLY OWNED BY THE
CITY OF FORT COLLINS AND THE CITY OF LOVELAND AT THE NORTHERN
COLORADO REGIONAL AIRPORT FOR THE NEW VETERANS' AFFAIRS CLINIC
WHEREAS, the City of Fort Collins ("City") and the City of Loveland ("Loveland")
(collectively, the "Cities") jointly own property located in Loveland (the "Property") known
as the Northern Colorado Regional Airport (the "Airport") and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins -Loveland Airport dated January 22, 2015, as amended (the "IGA"); and
WIIEREAS, in connection with the planned development by Byrd Drive Development,
LLC, ("Developer") of a Veterans' Affairs Clinic on certain real property adjacent to the Airport,
Developer previously requested, and City Council approved by adoption of Ordinance No. 008,
2021 a permanent non-exclusive easement for stormwater and surface drainage (the "Original
Easement") over and across a portion of the Airport Property; and
WHEREAS, after the Original Easement was approved, the Developer identified
underground utility conflicts and worked with City of Loveland Stormwater staff and Airport
Staff to modify the drainage plan by enlarging the size of the detention pond for the VA Clinic
and pumping stormwater onto Airport property at a much lower flow, reducing the size and scope
of improvements needed on Airport property; and
WHEREAS, the Amended Agreement for Permanent Non -Exclusive Drainage Easement
("Amended Easement") presented for Council's approval with this Ordinance and attached hereto
as "Exhibit A" and incorporated herein by reference makes changes to and supersedes the
Original Easement to implement the modified plan for managing the stormwater drainage from
the Project; and
WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest of
the City; and
WHEREAS, the consideration received by the Cities for the Original Easement -- in
the form of the relinquished claim of historic common law drainage rights across the Airport
and the Developer's obligation to construct the Easements improvements to limit the impact
of such historic flows to the Airport which was found to be at least equal to the fair market
value of the easement as required by City Code Section 23-114 - remains unchanged under
the Amended Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City's conveyance of the Amended
Easement on the terms and conditions set forth therein serves a bona fide public purpose and is in
the best interests of the City and that the consideration received by the City in the form of the
relinquished claim of historic common law drainage rights across the Airport and the obligation to
construct the Easement Improvements to limit the impact of such historic flows to the Easement
Property is at least equal to the fair market value of the Easement as required by City Code Section
23-114.
Section 3. That the City Council hereby authorizes the Mayor to execute the Amended
Easement substantially in the form attached hereto as "Exhibit A" with such modifications or
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or effectuate the
purposes of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2022, and to be presented for final passage on the 3rd day of May, A.D. 2022.
v:�QRTco
Mayor Pro Tern
ATTEST: --
City Clerk
Passed and adopted on dint
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SEAL
ATTEST:---°�oRAo0
City Clerk
on this 3rd day of May, A.D. 2022.
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EXHIBIT A
AMENDED AGREEMENT FOR PERMANENT NON-EXCLUSIVE
DRAINAGE EASEMENT
THIS AMENDED AGREEMENT FOR PERMANENT DRAINAGE EASEMENT
(Agreement), made this day of 2022, by the CITIES
OF LOVELAND AND FORT COLLINS, COLORADO, both municipal corporations, hereinafter
referred to as "Cities" or "Grantors" and Byrd Drive Development, LLC whose address is 1625
Pelican Lakes Point, Suite 201, Windsor, Colorado, hereinafter referred to as "Grantee."
WHEREAS, Grantors jointly own and operate the Northern Colorado Regional Airport located in
Loveland, Colorado legally described in "Exhibit A" attached hereto and incorporated herein (the
"Airport"); and
WHEREAS, the Grantee owns undeveloped property adjacent to the Airport legally described in
"Exhibit "B" attached hereto and incorporated herein ("Grantee's Property") from which naturally
occurring stormwater and surface drainage has historically run over and across certain portions of the
Airport, giving rise to a claim of historic flow rights for the benefit of Grantee's Property in an undeveloped
state although, no documentation of a drainage easement exists.; and
WHEREAS, the Grantee is currently planning to develop Grantee's Property, which development
includes on -site stormwater detention and metering to maintain the historic rate of stormwater flows onto
the Airport property and improvements to direct such stormwater into an improved swale in lieu of the
historic drainage path on the Airport property; and
WHEREAS, Grantors and Grantee desire to document the grant of an express easement over and
across specific portions of the Airport in the same general area of such historic use and in lieu of any historic
rights to discharge historic stormwater or surface water flows from the Grantee's Property onto the Airport,
and to describe their respective rights and obligations regarding such easement; and
WHEREAS, this Agreement replaces and supersedes in full the original Agreement for Permanent
Drainage Easement recorded at Larimer County Reception No. 20210020317 on February 26, 2021.
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the parties agree as follows:
1. In consideration of Grantee's relinquishment of any historic rights to discharge historic stormwater
or surface water flow from Grantee's Property over and across the Airport, the Cities have this day
bargained and sold, and by these presents do bargain, sell, convey, transfer and deliver unto the
Grantee, its successors and assigns for the benefit of and appurtenant to Grantee's Property and
EXHIBIT A
subject to the terms and conditions set forth herein, a permanent non-exclusive drainage easement
(the "Easement") in, over, and across the real estate described in Section 2 below ("Easement
Property"). Grantee may use the Easement Property only for the purposes of storm water and
surface drainage from Grantee's Property, at the historic rate of stormwater flows, over, upon,
across, in, and through the Easement Property as follows: Easement Area 1 (described below) may
be used for conveyance of stormwater flows, above ground materials, appurtenances, culverts to
be constructed by Grantee on and within the Easement Property pursuant hereto, and a natural
drainage swale (the "Improvements") associated with and necessary to convey such drainage in a
safe and reasonable manner across the Easement Property. Easement Area 2 (described below)
shall only be used for conveyance of stormwater flows and no ground materials, appurtenances,
culverts, swales or any other improvements shall be constructed or permitted within such Easement
Area 2.
2. The Easement hereby granted over and across the Easement Property, which is located on the
Airport property and situated in Larimer County, Colorado is described as follows:
"Exhibit C" — Easement Area 1 Legal Description and Drawing
"Exhibit D" — Easement Area 2 Legal Description and Drawing
3. In consideration of Grantors' conveyance of the Easement, Grantee has this day bargained and sold,
and by these presents does bargain, sell, convey, transfer and deliver unto the Grantors, their
successors and assigns, and hereby relinquishes any historic rights to discharge historic stormwater
or surface water flow from Grantee's Property over and across the Airport.
4. Grantee may not use this grant of easement for any purpose other than that which is specifically
described herein. If the Easement is used by Grantee for any purpose or in any manner other than
stated herein, the Easement is automatically terminated, and all of the right, title and interest of
Grantee (and Grantee's successors or assigns) in and to the Easement Property become null and
void, and the Easement Property shall absolutely revert to and revest in Grantors as fully and
completely as if this instrument had not been executed, without the necessity for suit or re-entry
and Grantee shall remove improvements as provided above. No act or omission on the part of any
beneficiary of this paragraph shall be a waiver of the operation or enforcement of the paragraph.
5. Grantors reserve the right to use the Easement and the Easement Property for any purposes that
will not interfere with Grantee's full enjoyment of the rights granted herein, including but not
limited to the right to operate or allow others to operate utility, drainage and other improvements
or uses of the Easement Property, as Grantors may determine are appropriate and consistent with
EXHIBIT A
the operation of the Airport Property.
6. Construction and Maintenance of Drainage Improvements.
a. Grantee, at Grantees' sole cost and expense, shall be allowed to access the Easement
Property and construct only on Easement Area 1 the Improvements identified and depicted
on "Exhibit C" hereto. To the extent that Grantee requires access to the Easement Area I
of the Easement Property, such access is subject to the consent of the Cities pursuant to the
Airport's security requirements. For any construction or alteration on the Easement Area
1, Grantee will be required to complete and submit to the Federal Aviation Administration
a Form 7460-1 "Notice of Proposed Construction or Alteration."
b. All stormwater and/or drainage plans for the Easement Property are subject to prior written
approval by the Airport Manager.
c. At Grantee's sole cost and expense, the Cities' shall maintain the Easement Area 1 of the
Easement Property and any Improvements thereon. The Cities reserve the right to seek
reimbursement of all reasonable costs documented and incurred in such maintenance
activities. Grantee agrees to pay the Cities within thirty (30) days of receipt of an invoice
for any costs borne by the Cities on Grantee's behalf as described in this Agreement.
7. Grantee acknowledges that the Cities' draft Airport Master Plan reflects that a road may be installed
across the Easement Property at some time in the future and other changes to the layout and use of
the Airport may be required over time. The Cities reserve the right, at Grantee's sole expense, to
relocate the Easement and drainage facilities located on the Easement Property and/or to modify
such drainage facilities (for example, by installation of a culvert or other modifications) as may be
reasonably necessary or reasonably appropriate to accommodate changes to the Airport and
improvements thereon, including but not limited to construction of the road and other
improvements shown on the Airport Master Plan as it may change from time to time.
8. Grantee agrees to indemnify and hold harmless the Cities, their officers, employees, and agents,
from and against all liability, claims, and demands on account of any injury, loss, or damage arising
out of or connected with Grantee's use of the Easement, if such injury, loss, or damage, or any
portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the
Grantee or any officer, employee, agent, or contractor of the Grantee, or any other person for whom
the Grantee is responsible. The Grantee shall notify Cities and provide a copy of any and all written
claims or demands within two business days of receipt. The Grantee's indemnification obligation
shall not be construed to extend to any injury, loss, or damage caused by the negligent act or
omission of the Cities.
9. If the drainage and appurtenant facilities are no longer in use, this Easement may be vacated by
3
EXHIBIT A
joint agreement by the Cities and the Grantee.
10. If Grantee shall fail to pay the Cities any amount when due, Grantee agrees to pay to the Cities
all reasonable costs and expenses (including but not limited to collection costs, court costs and
reasonable attorneys' fees) incurred by the Cities in the enforcement of this Easement.
11. It is intended that the Easement shall be an easement appurtenant to Grantee's Property as the
benefitted property shall run with title to the Grantee's Property and shall bind every person or
entity having any fee, leasehold, or other interest therein.
12. Notices. Written notices shall be directed as follows and shall be deemed received when hand -
delivered or emailed, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to Grantee:
Byrd Drive Development, LLC
4
EXHIBIT A
Attn: Martin Lind
1625 Pelican Lakes Point, Suite 201
Windsor, CO 80550
13. This Easement is for the benefit of, and is binding upon, the parties' respective successors and
assigns.
14. This Easement contains the entire agreement of the parties relating to the subject matter hereof and,
except as provided herein, may not be modified or amended except by written agreement of the
parties. In the event a court of competent jurisdiction holds any provision of this Easement invalid
or unenforceable, such holding shall not invalidate or render unenforceable any other provision of
this Easement. This Easement shall be governed by the laws of the State of Colorado, and venue
shall be in the County of Larimer, State of Colorado.
15. This Easement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Easement. Facsimile, scanned and other electronic signatures permitted
by law, for purposes of this Easement, shall be deemed as original signatures.
TO HAVE AND TO HOLD said permanent Easement unto the Grantee, its successors and
assigns forever.
IN WITNESS WHEREOF, the Cities and the Grantee have executed this Agreement the day
and year first above written.
1011T U114 31
City of Fort Collins, Colorado, a municipal corporation
Kelly DiMartino, Acting City Manager Date
ATTEST:
City Clerk
APPROVED AS TO FORM:
5
EXHIBIT A
Sr. Assistant City Attorney
City of Loveland, Colorado, a municipal corporation
Stephen C. Adams, City Manager Date
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Grantee: Byrd Drive DeveKnt,
Si ned: 4A"�
By.-_ Martin Lind
Title: Managing Member
Date: January 11, 2022
State of Colorado )
Weld ) ss
County of )
Acknowledged before me this 11th day of January 20 22 , by Martin Lind
Managing Member of Grantee.
Witness my hand and seal. My commissio"xpires: September 9, 2024
iAIARA D. WYNN
Notary Public
State of Colorado
Notary ID # 20044032091
My Commission Expires 09-09-2024
6
Fig
EXHIBIT A
EXHIBIT A
(Legal Description of Airport)
Section 1:
Tract A, Barnstorm 2"d Addition, City of Loveland, County of Larimer, State of Colorado
Section 2:
Tract B, Barnstorm 2"d Addition, City of Loveland, County of Larimer, State of Colorado, Less
Barnstorm V Subdivision, Less FNL Condominiums, a leasehold condominium, less
20090028294 (Fort -Love Hangar Condos), Less ROW 20050071130-031, Less ROW
20190050171
Section 3:
Lots 1 and 2, Barnstorm l' Subdivision, City of Loveland, County of Larimer, State of Colorado
Section 4:
That portion of the N 1 /2 of Section 28, Township 6 North, Range 68 West of the 6th P.M., more
particularly described as follows: Considering the North line of the NW 1/4 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto: BEGINNING at
the Northwest corner of said Section 28; thence along the North line of said Section 28 East
820.14 feet to the TRUE POINT OF BEGINNING; thence S28° 4TE 164.69 feet; thence
S41°55'E 152.85 feet; thence SO°09'E 157.83 feet; thence East 231.41 feet to a point on the
centerline of the Louden Ditch as it now exists; thence along said centerline through the
following courses and distances; S 19°30'E 131.00 feet; thence S 14°30'E 150 feet to the
beginning of a tangent curve concave to the Northeast having a central angle of 39°44' and a
radius of 217.0 feet; thence Southeasterly along the arc of said curve 150.48 feet to the end of
said curve; thence tangent from said curve S540141E 115.00 feet to the beginning of a tangent
curve concave to the North having a central angle of 43°06' and a radius of 91.0 feet; thence
Southeasterly along the arc of said curve 68.45 feet to the end of said curve; thence Northerly
889.68 feet to a point on the North line of said Section 28, said point being 1525.26 feet East of
the Northwest corner of said Section 28; thence West along North line of said Section 28, 705.12
feet to POINT OF BEGINNING, subject to easement and right-of-way for the Louden Ditch;
subject to easement and right of way for County Road No. 30; and subject to easement and right
of way granted to Poudre Valley Rural Electric Association in Book 2065 at Page 628; in the
County of Larimer, State of Colorado.
EXHIBIT A
EXHIBIT B
(Legal Description of Grantee's Property)
Lot 1, East Loveland Industrial 25`h Subdivision, City of Loveland, County of Larimer, State of
Colorado
EXHIBIT A
EXHIBIT C
Easement Area 1— Legal Description and Drawing
EXHIBIT A
EXHIBIT C
LEGAL DESCRIPTION
LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN; CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION
BEARS N00°25'16"W A DISTANCE OF 2598.77 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE N 00°25'16"W A DISTANCE OF 320.40 FEET TO THE POINT OF BEGINNING.
THENCE N 00°25'16" W A DISTANCE OF 752.24 FEET TO THE SOUTHWEST CORNER OF LOT 1, EAST LOVELAND
INDUSTRIAL 25TH, AS SHOWN ON THE PLAT THEREOF RECORDED AT THE OFFICE OF THE LARIMER COUNTY CLERK
AND RECORDER UNDER REC. # 20200067414;
THENCE ON THE WEST LINE OF SAID LOT N 00°25'16" W A DISTANCE OF 713.19 FEET TO THE NORTHWEST CORNER OF
SAID LOT;
THENCE ON THE WEST LINE OF TRACT A OF SAID EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION BEARS N 00°25'16" W
A DISTANCE OF 38.37 FEET;
THENCE S 89°34'44" W A DISTANCE OF 50.65 FEET;
THENCE S 00'02'13" W A DISTANCE OF 168.63 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 845.00 FEET, A CENTRAL ANGLE
OF 18°55'43", AN ARC LENGTH OF 279.16 FEET AND A CHORD THAT BEARS S 09°30'05" W A DISTANCE OF 277.89 FEET;
THENCE S 00°24'50" E A DISTANCE OF 1009.95 FEET;
THENCE S 54°04'16" W A DISTANCE OF 207.50 FEET;
THENCE SOUTH A DISTANCE OF 235.87 FEET;
THENCE EAST A DISTANCE OF 100.00 FEET;
THENCE NORTH A DISTANCE OF 184.84 FEET;
THENCE N 54°04'17" E A DISTANCE OF 207.98 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 3.96 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD.
EXHIBIT A
DATE: JUNE 2021
JOB NO. 1238.0001.00
SHEET 1 OF 2
TST, INC. CONSULTING ENGINEERS
10
700 Wholes Way, Bldg C. Suite 200
Fort Collins, Colorado
Phone: 970.226.0557
Fax: 970.226.0204
EXHIBIT A
EXHIBIT C
WEST QUARTER CORNER
SEC. 34, T6N, R68W
FOUND #6 REBAR WITH
2" ALUM DISC PLS 11989
I
BASIS OF BEARINGS
S89'34'44"W 50.65' I N00'25'16"W 2598.77'
S00'02'13" W 168.63'--� I 1-N00'25'16"W 38.37'
A--18'55'43"
N00'25'16"W 713.19'
R=845.00'
L=279.16'
CH=277.89'
S09'30'05"W
S00'24'50"E 1009.95' N00'25'16"W 752.24'
POINT OF BEGINNING
S54'04'16"W 207.50/�1400'25'16"W 320.40'
SOUTHWEST CORNER
S00'00'00"E 235.87' V) SECTION 34, T6N, R68W
FOUND #6 W/ 2" ALUM CAP
IN MON. BOX LS 20676
POINT OF COMMENCEMENT
N90'00 00 E 100.00
N54'04'17"E 207.98'
N00'00'00"E 184.84'
500 250 0 50
scale 1"=500' fee
EXHIBIT A
DATE: JUNE 2021
JOB NO. 1238.0001.00
SHEET 2 OF 2
TST, ING. CONSULTING ENGINEERS
11 760 Whalers Way, Bldg C, Suite 200
Fort Collins, Colorado
Phone: 970.226.0557
Fax: 970 .5.0204
EXHIBIT A
EXHIBIT D
Easement Area 2 Legal Description and Drawing
EXHIBIT A
EXHIBIT D
LEGAL DESCRIPTION
LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AND THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 68 WEST, OF THE
SIXTH PRINCIPAL MERIDIAN; CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION
BEARS N00°25'16"W A DISTANCE OF 2598.77 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE N 89°29'18"W ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 170.77
FEET TO THE POINT OF BEGINNING.
THENCE NORTH A DISTANCE OF 12.26 FEET;
THENCE WEST A DISTANCE OF 100.00 FEET;
THENCE SOUTH A DISTANCE OF 77.73 FEET;
THENCE S 05°24'41" W A DISTANCE OF 606.23 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2450.00 FEET, A CENTRAL ANGLE
OF 12°12'46", AN ARC LENGTH OF 522.22 FEET AND A CHORD THAT BEARS S 11'31'04" W A DISTANCE OF 521.23 FEET;
THENCE S 17°37'27" W A DISTANCE OF 272.92 FEET;
THENCE N 86°1T19" W A DISTANCE OF 756.46 FEET TO A POINT ON THE SOUTHWEST LOT LINE OF TRACT B,
BARNSTORM SECOND ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED AT THE OFFICE OF THE LARIMER
COUNTY CLERK AND RECORDER UNDER REC. #86044345;
THENCE ON SAID LINE S 49°20'54" E A DISTANCE OF 166.39 FEET;
THENCE S 86°17'19" E A DISTANCE OF 701.72 FEET;
THENCE N 17°37'27" E A DISTANCE OF 351.17 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2550.00 FEET, A CENTRAL ANGLE
OF 12-12-46", AN ARC LENGTH OF 543.54 FEET AND A CHORD THAT BEARS N 11°31'04" E A DISTANCE OF 542.51 FEET;
THENCE N 05°24'41" E A DISTANCE OF 610.95 FEET;
THENCE NORTH A DISTANCE OF 70.20 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 5.20 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND
RESTRICTIONS NOW IN USE OR OF RECORD.
EXHIBIT A
DATE: JUNE 2021
JOB NO. 1238.0001.00
SHEET 1 OF 2
TST, INC. CONSULTING ENGINEERS
13
760 Whalen Way, Bldg C, Suite 200
Fort Collne, Colorado
Phone: 970.226.0557
Fax: 970.226.0204
EXHIBIT A
EXHIBIT D
N90'00'00"E 100.00
S00'00'00"E 77.73
S05'24'41 "W 606.23
A=12'12'46"
R=2450.00'
L=522.22'
CH=521.23'
S11'31'04"W
S17'37'27"W 272.92'
N86'17'19"W 756.46'-\
S49'20'54"E
166.39'
WEST QUARTER CORNER
SEC. 34, T6N, R68W
FOUND #6 REBAR WITH
2" ALUM DISC PLS 11989
BASIS OF BEARINGS
N00'25'16"W 2598.77'
I
I
I
I
I N00'00'00"E 12.26'
SOUTHWEST CORNER
SECTION 34, T6N, R68W
FOUND #6 W/ 2" ALUM CAP
IN MON. BOX LS 20676
POINT OF COMMENCEMENT
"N89'29'18"W 170.77'
POINT OF BEGINNING
00'00'00"E 70.20'
05'24'41 "E 610.95'
�,-12'12'46"
R=2550.00'
L=543.54'
CH=542.51'
N11'31'04"E
7'37'27"E 351.17'
'17'19"E 701.72'
14
500 250 0 50C
scale 1"=500' feel
EXHIBIT A
DATE: DUNE 2021
JOB NO. 123B.0D01.00
SHEET 2 OF 2
TST, INC. CONSVLTI NG ENGINEERS
7
760 Whalers Way, Bldg C, Sulte 200
Fort Collins, Colorado
Phone: 970.226.0557
Fax: 970.226.0204