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HomeMy WebLinkAbout2005-064-06/07/2005-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF THORNTON CONCERNING THE DRY CREEK DRAINAGE 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. May&r 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: I. 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 Latimer 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 terms, 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. Thomton 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 wilt 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 Latimer, 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 .. SfanUeeCmrsuMinglne -_--- 209 South Meldrum Street Port Collins CO 80521.2603 Tel:(970)482-5922 Fax:(970)482-6368 stantec.com v- EXHIBIT A Stantec DESCRIPTION: A tract of land located in Section 15, Township 8 North, Range 69 West of the 6`h 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"0" East with all bearings herein relative thereto. Commencing at the North Quarter Corner of said Section 15, monutnented with a found 2 % 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 22'13'51" 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°2T22" 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°l2'34" East 175.06 feet, thence North 87°43'41" West 24.84 feet, thence North 05°47'24" West 234.00 feet, thence North 73'57'1 I" West 296.39 feet, thence South 09°44'33" West 338.91 feet, thence South 84°33'40" West 489.16 feet, thence North 82°41'18" West 71.14 feet, thence North 46°37'58" West 620.76 feet, thence North 50°54'45" West 76.13 feet. thence North 43025'39" East 355.56 feet, thence North 07049'12" East 512.72 feet, thence North 85'47"0" West 159.47 feet, thence North 56°01'22" 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 58'18'16" 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 or exisiting. IDA `c9 Michael David Lang; Colorado Pro 154onal Land Surveyor No. 37053 g • y 3-os��° l-:`StJRVEY\EXHIBITS`lV310058\THORNTON-EXRIBCC-A.doc ssi°�«..„.••••SJ Kp nidl Thursday,July 08, 2004 R-N: Jule 20, 2004 Re%: May 13,2005 ^�qC LMAV a= o i io c � s m . . S$ i `zr n�a4�j � 3 N - a � i g� < "` ow, obi w 0`0 a aw tl] J 1. 0•� Arid O� I .__ a J I 7-1 1 ; . 6 $A R WI j �$ Eta 8 OW �� I R .IYIAR I.LCYA00 M.._.._-_.----._..- 1 i 1 i e 61 GIM AlNnM HMPIV7 in. �. rn.�«t .mvm... em000u-ua.�.wui-uaaemrcrer.nennreienei m 11 Icw lI Staatec t:aatdting Inc 209 South Meld n Stree: Fart calihs Co 80521-2603 Tel:(970)482,5922 Fes:f.9701481,6368 StantK.iOm V- �t EXHIBIT B Stantec 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 15 as bearing South 89'45'30" East with all bearings herein relative thereto. Conuuencing at the North Quarter Corner of said Section 13, monumented with a found 2 '.;3 inch Aluminum Cap, PIS 7839, dated 2001, thence along the east line of the west half of said Section 15, South 000S7'58" West 2353.36 feet to the POINT OF BEGINNING, 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'S7 t l" East 296.39 feet, thence South 05'47'24" East 74.13 feet. thence South 05'47'24" East 159.87 feet, thence South 87'43'41" East 24.84 feet,thence South 87'43'41" fast 176.86 feet, thence South 30"23'37" East 7337 feet, thence South 16'I 1'14" West 232.53 teet, thence South 05*47'24" East 254.77 feet, thence Notch 90'00'00" West 31 1.8 , feet, thence North 27"W-53" %%Vest 219.02 feet.thence South 84'10*38" West 62738 feet, thence North 41°57'16" West 76034 feet, thence North 37"34'37" kN est 262.91 feet, thence North 70'20'39" East 30.78 feet, thence North 70'20'39" East 45.22 feet, thence South 50°54'45" East 209.14 feet, thence South 50 54'45" East 76.13 feet, South 46'37'58" East 620.76 feet. thence South 82'41'l8" East 71.14 feet, thence North 84`33'40" East 320.37 feet to a point on the aforementioned cast line of the West Half 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. S U 37063 Michael David Lang; Colorado ProfqAional Land Surveyor No. 37053N7 -q_try r L:`SURL`EY�.EXH[BITS'11 373 1 0053'THQR\TC1\-F.XHtT3tT-i? doe L LJ�Np$ kjUmdl Thursday,July 08, 2004 e � « | �-. —---——— ( � EAU ■ 2 � ; | � , m)2k ~ ' j | /&■ � | . . � k K � � � � � �? � � �! � ■ � . k ' �#■ � | � � •§ �\\ \ . k ■ ��� . ��_ < . . . ^ � hSIN; ^" � \ | . ■a , ; . \ I # # ■ [ ��� � � | . j|�/® 2 ■ \j � � $ � � |\ � . =US"�Q -�/ . . < § 9 q � .-- : ..— — . : �——— �^ --- Startta Cauulting Inc 209 South 04eldmin R;reet fan Collins Co 80521.2603 rel:(9701482-5922 Fax MC7 482-6368 S{dn1K.cV r i Stentet EXHIBIT C DESCRIPTION: A tract of land located in Section 15, Township 8 North, Range 69 West of the 6T' 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.)0" East with all bearings herein relative thereto" Commencing at the North Quarter Corner of said Section 15. monumented with a found 2 '.-i 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 width, lying northerly and easterly of, parallel with, and perpendicular to, the following described line; South 89= 13'00" East 1080.99 feet. thence South 49' 0'`46" East 88.44 feet, thence South 07= 57'S 1" East 219.08 feet to a point on the existing east Right of Way 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%vay line South 07' 57'51" East 1396.95 feet, thence departing said east right of way line South 32' 32'57" East 108.14 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%vay now on record or exisiting. 8 Michael David Lang; Colorado ro Tonal Land Surveyor No. 37053 v t o ti. L:`•SL-RVLl"LXHIBII"S',18?JI0058`THORtiTON.F,YHIAIT-C:.doc kjl/rndl Tliursday. July 08,2004 �1L LAVO @ � � . . � .§ . . . ZO K Z . . . h § § �§ � \ \ \ d2 - --� � \ �� j o , - yyt �\: � �] . � _ �. » � � � . . � | S§2) § �■ �\ § ■g�§ za a 2■ sl.i , \�« �< ��, \■ !!|a° `\ | . ww » : - � � @! ` | ■ \ ?\\d 2m \ § z\v2` > w > ■ m'y «« : : ° | \/ # . — � ■ 2 -- - • ' 86029980 . a » ®/ � C� « T . . _— # f�-- ©%d< ■■■ | Oz . .Ad 2� ! . b§ \ | � 0 H §� ■ | ■|§ n bi ® ----- �—----- » : &$ - - ---- ---¥ {MT03 70AUVI *: :- Studec Conalting Inc 209 South Meldrum Street Fab Collins CO 80521-2603 tel:(970)482.5922 Far:+970'462.6366 stantec.C&T 17 Stantec EXHIBIT D DESCRIPTION: A tract of land located in Section 15, Township 8 North, Range 69 West 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 with found 2 '',4 inch Aluminum Crap, 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 00'56'22" West 40.00 feet to THE PONT OF BEGINNING, thence South 89'13'00" East 1080.99 feet, thence South 49'07'46" East 88.44 feet, thence North 55'34'50" West 84.76 feet, thence North 89'13'00" West 1078,08 feet to a point on the said east Right of Way litre for Larimer County Road 19, thence along said east right of way line North 00'56'22" West 10.00 feet to the POINT OF BEGINNING. The above tract contains 0.257 acres, more or less, and is subject to all easement rights of way now on record or exisiting. q I �t 37059 O? O - O� J. 1-ay f•� Michael David Lang, Colorado Pr ssional Land Surveyor No. 37053 �SStpNAL t L:'.SURVEVEXHIBITS'd 97310059%T110RNT0N-EXHIBIT•D.do. kjl.4ndl Monday, July 05, 2004 Y � N tl' gg 6 x Ml9N N�� I §g g st wuaa e o aN nn is ISM d va w 2A -� 0 ajig � g 096 n z : .'1•S W F- pow w O co �0-0 .. 62� a x l DEED qN OF Np. 85022W — N REG"G" — J ; 3 m ?Sa 8 o€ a_ - - OW O F N< N rc mr� o m XN(V Z10 h� o_ \ ` 4O )d w FO UE gg w p P a Ewa 3 .zz,9s.00 N & � ; i n 6l OVON kLNnoo N3WINVl a � zo■ ITi W .N.iYll fM9/a.1//II O.VH-Y11JCfY.IOUf-W..M.R/Yt.OIMM/Onll lfNVA.]..Ylt.l qMhK CaRoking 1K 209 South 6k rm Street Port CoMm CC 8052;-26r)3 TeL(970)482.5922 Fa: 97�0 482-6368 stalmec::�- # 5taroc EXHIBIT E DESCRIPTION: A tract of land located in Section I5, Township 8 North, Range 69 West of the 6r' 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 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 '.4 inch Aluminum Cap, PLS 7839,dated 2001, thence alone, the north line of the Northwest Quarter of said Section 15. North 89*45"0" West 1515,04 feet, thence departing said north line South 00c 14'30"West 30.29 feet to the POINT OF BEGiT ,NING, thence South 49007'46" East 103.25 feet, thence South 07- i 7'S 1" East 1619.18 feet, thence South 32`32'57" East 108.96 feet, thence North 70-20'39" East 10.26 feet, thence North 32132'57" \Pest 109.07 feet. thence North 07` 7'�;l" kk est 1621.42 feet,thence North 54°39'42" West 106.88 feet to the POIN I OF BEGINIING. 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. o � � Z 37t)53%�4' ( �O v ; Michael David Lang Colorado Pr ssional Land Surveyor No. 37053 C� 7-9_oy L'SURVEY'EXHI BIT S',187310o5S THORM'ON-EXHIBIT-E.doc r�Otip`u 5J kjl/mdl Monday.Jul} 05. 2004 p , W m i 1 1 � ! LJ mw MGM Nal _._..___._ {sy Z - I:--' Sl NOLL035 eO vN 153M fj$SY FZ . . n "�'Ir3c3Nlnsr!-'-._..__.._ 8`•4{iE P' 1 CCCW aW1 S... w re a k ! stiI � 1 a15h , , t 8 —n e ✓ � r Y i � �' W' ggQaa V / 1 n sYSY r 73�0 EOpTON N0. 9a1"'-_ w - 5 0 oos _ h agJJ4_ _ Y,. pTM ex TMpRmN °_�°---- �8 NI _ a�n Wi 1nylll 1 C VII ,.r'IP O F 1 8 N i m ZO �Q �Z Z f� 1 V 3� �a NYm - FnsdS Sio PIE! IOU 1 Bl OYOM A1Nfg0 y31Wtly7____3 ",mw rmr Ire aneaarl «.v.m..n er-._a�l_wua.a�yesnrcim�aanre.wner nnrv��l�nrlc�n St4ow Comm%UK 209 5001h Meldum Sncet Fert Cottcts CO 30521-26Q3 Tei:'IM)482.5922:u i975;482.6ms stantec..--r S antes EXHIBIT F DESCRIPTION: A tract of land located in Section 15, To«nship 8 North, Range 69 West 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 Corner of said Section 15, monumented frith a found 2 ',; inch Aluminum Cap, PLS 7839, dated 2001, thence along the east line of the west half of said Section 15, South 00°57'38" West 1920.44 feet to the POINT OF BEGINNING, thence departing said east line North 90'00'00" East 318.61 feet. thence South 48.12'17" East 247.22 feet, thence South 48:12'17" 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 W- 47'24" East 259.52 feet. thence North 90'00'00- West 346.07 feet. thence North 27736'53" West 217.59 feet. thence South 84-10'38" West 624.00 feet, thence North 41,57 16" West 7 71.27 feet, thence North 3734'37" West 291.16 feet, thence North 70-20'39" East 2291 feet. thence South 32`31_'57" East 20.52 feet, thence North 70-20'39- East 30.78 feet, thence North West 20.52 feet, thence North 70`20'39" East 178.03 feet, thence South 5W54'45-' East 240.32 feet, thence South 46-37'58- Fast 586.19 feet, thence South 82:4 V 18" Last 18.68 feet. thence North 84'33'40"East 190.43 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 8.737 acres, more or less, and is subject to all easements and rights of war noNt on record or exisiting and excludes all of that land described b} the follow ing- Commencing at the North Quarter Corner of said Section 15, monumented i� ith a found 2 V inch Aluminum Cap, PLS 7839, dated 2001, thence along the east line of the �+est half of said Section 15, South 00057'58" West 1920.44 feet, thence continuing along said east line of the west half of said Section 15, South 00'S7'48" Vest 432-92 feet to the POINT OF BEG1\'NING OF LAND EXCLUDED FROM EXHIBIT F. thence departing said east line North 84.33'40- Last 168.79 feet. thence North 09'44'33" East '38.91 feet. 1 5tantec South 05'47'24" East 159.87 feet, thence South 87°43'41" East 24.84 feet, thence South 87`43'41" East €76.86 feet, thence South 30a23'37" East 73.37 feet, thence South 76*l 1'14" West 232.53 feet, thence South 05°47'24" East 254.77 feet, thence North 90°00'00" West 31 1-83 feet, thence North 2736'53" 1k'est 219.02 feet, thence South 84010'38" West 627.38 feet, thence North 41°57'16" West 760.34 feet, thence North 37134'37" West 262.91 feet, thence North 70°'20'39" East 30.78 feet, thence North 70°20'39" East 45.22 feet, thence South 50°54'45" East 209.14 feet, thence South 50°54'45" East 76.1 1 feet, South 46137'58" East 620.76 feet, thence South 82''41'18" East 71.14 feet, thence North 84°33'40" East 320.37 feet to a point on the aforementioned east line of the test Half of said Section 15, and the POINT OF BEGINNING OF LAND EXCLUDED FROM EXHIBIT F a 0- s 3'?.o i ¢ Michael David Lang; Colorado Professto and Surveyor No. 37053 si •..«..x•gJ 1-:':SURVEN'`EXHIBI'rS`,187310058';rHORVTON-EXHIBIT-F doc kj6'mdl'rhursday.July 08, 2004 2 LL pill' N � all m __ y a Fa gp5 77[[Pe LL W m � ■1 3 � I l w W LL I 1 1' OO 1 Y I S LL MM ®I� wXW we� ;< Z0 U I � 6i I I . _ I 43 NIS lip �� MfO 1111tY) I ; 1 _ 1 s 1 � bhill Val L. � F N {�J gz Tr z� � � � (O GN a 1 zLLa 610Y0M AlNI1W LL71NtlV1 gym. .. 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