HomeMy WebLinkAboutSIDEHILL - Filed OA-OTHER AGREEMENTS - 2005-04-08For office use Only: Current Planning Department
Date Accepted "
current planning File # 3z-61 A Minor Amendment
PlannerCO
Effective Date Application Form City ofF=Cow
Project Name:ff��7
Project Location (Street Address): - tR.1. eq��p TK. 1LUUS ` " I�e-Minor Amendment Fee: $192.00
Subdivision Name: ���CTlti
General Information: List all property owners having a legal/equitable interest in the property (Attach separate sheets ifnecessary).
Owner's Name (s): SM,111 69zR-44— Ft�le1 1S �_ L_ C"
Street Address- City/State/Zip: r—T, COLL4K,
Telephone: %i2�J • ld7s Fax:
Applicant's/Consultant's Name: r�f'>G YS3 6K4)2y Name of firm:
Street Address: ;7-105S1 51U4 MqV_ Q� �11i1� t05 r
City/State/Zip: TuS ��ZS
Telephone: 27%� .tbl' Fax: ZZ� ' hili(P
General Legal Description of Property:
SUBMITTAL REOUIREMENTS:
1) Four (4) copies of K1--GVKDnu pld" tl.c. attcl ............ ........._' __ __ _ ____o -- ,
24"x36" size (available at the Technical Services Department at 281 N. College) — RED -LINE THE
CHANGES ON THREE (3) OF THE COPIES;
2) Completed and signed application form; and
3) Application fee of $192.00.
MINOR AMENDMENT
Detailed description of the change and reason(s) for the request:
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CERTIFICATION ON REVERSE SIDE MUST BE SIGNED.,-,
01/30/2004 15:46 FAX 970 491 9984 JR ENGINEERING a 003
PIPE LINE CROSSING LICENSE
THIS AGREEMENT, hereinafter referred to as "License", is entered into this day of
. 2004, between the Great Western Railway of Colorado, L.L.C. hereinafter
referred to as "Licensor", and City of Ft. Collins, hereinafter referred to as "Licensee", whose address for
the purpose of this agreement is P.O. Sox 580, Ft. Collins, Colorado 80522.
WITNESSETH:
1. Term: This License shall take effect the date hereof, and unless sooner terminated as herein
provided in Section 10, shall continue in force for so long as such use as herein defined continues.
2. ion: In consideration of rental, fee or other sums of money hereinafter agreed to be paid by
Licensee to Licensor, and of the covenants and agreements of Licensee as hereinafter set forth, Licensor
hereby grants a license and permission to Licensee to construct, install, use, maintain, repair and operate a
42" gravity sewer line crossing, situated on, across or along Licensor's property at or near Ft. Collins,
County of Latimer, and State of Colorado. The term Pipe Line shall be deemed to mean the actual line(s),
any and all appurtenances, and that portion of Licensor's property, in so far as they relate to said Pipe Line.
The location of the Pipe Line is more particularly described on the drawing marked Exhibit "A", attached
hereto and made a part hereof, but generally described as follows:
A 42" PVC carrier pipe with a 54" steel casing, crossing Licensor's
property at an angle of 65`, more or less, measured from the centerline of
Lieensoes main line track, located 260 feet NW of Licensor's Mile Post
No. 78+67, as shown on Exhibit "A" hereto.
3. License Fee (a) Licensee shall pay Licensor a one-time license fee in the stun of Thirty
Thousand ($30,000) Dollars, payable in advance, without demand, for the term of this License.
Licensee shall pay to Licensor any and all sales tax, if any and if applicable which may occur as a result
of the payment of the above license fee.
(b) In addition to any other considerations herein contained, Licensee agrees to pay to Licensor the
sum of $500.00 to partially defray Licensor's risks and administrative costs in preparing this License and
permitting the utilization of Licensor's property for the installation of the pipeline described herein-
(c) All license fees and applicable tax payments associated with this License shall be paid in lawful
money of the United States of America, payable to the Great Western Railway of Colorado, sent to the
address listed in this Section 12(b) contained herein, or other address as designated by Licensor in writing.
4_ Soecificalions; (a) The Pipe Line shall be constructed, installed, used, maintained, repaired and
operated in strict accordance with any and all current requirements and specifications adopted by the
American Railroad Engineering Association, and in compliance with any and all law, statute, regulation or
order of any federal, state or municipal govemmental body or any agency thereof or created thereby.
Provided however, that all materials and workmanship employed in the construction, installation, use,
01/30/2004 15:46 FAX 970 491 9984 SR ENGINEERING ® 004
maintenance, repair and operation of the Pipe Line shall be subject to the approval of the Licensos
President or authorized representative. Any variance from these specifications MUST be approved by
Licenso's Vice President — Engineering PRIOR to installation.
(b) A Pipe Line crossing underneath any track(s), shall be encased in a larger pipe for a MiNIMAM
of forty-eight (48') feet, twenty-four (24') feet on Licensee's property if less than forty-eight (480 feet.
Crossings of a degree substantially greater or less than ninety (900) degrees shall be encased in a larger pipe
for the full width of the track structure. The top of the encasement pipe shall be a MINIMUM of five and
one half (%') feet beneath the base of the rail and four and one half (4'/2') feet beneath surface of ground at
all points within Licenso's property.
(c) Any appurtenance to said Pipe Line shall be constructed and maintained to a MINIMUM
clearance of no less than fifteen (15') feet from the centerline of any track(s). The side clearance of fifteen
(15') feet shall be maintained for a height of twenty-seven (27') feet All Pipe Line(s) shall be constructed,
as nearly as possible, to cross under any track(s) at a right angle to said track(s).
5. Present Occupants: Licensee shall make appropriate arrangements with any person or entity
occupying Licenso's Property which may, be affected by the construction of said Pipe Line. Licensee's
Pipe Line will not unreasonably interfere with the use of Licensor's property, or create any undue hardship
on the person or entity occupying said property.
6. Insurance! (a) Licensee shall secure, prior to Licenso's execution of this License, and maintain
during the entire installation period, a GENERAL or COMPREHENSIVE PUBLIC LIABILITY
INSURANCE POLICY with a MINIMUM, combined single limit of TWO MILLION AND N01100
($2,000,000.00) DOLLARS, per occurrence, for bodily injury and property damage, said policy to be
terminable only after ten (10) days notice to Licensor by Licensee of the completion of the installation of
said Pipe Line.
(b) Said insurance policy, as hereinabovo defined, to be secured and maintained by Licensee shall
be secured from an insurance company permitted to issue such policies in the state in which said
installation, or any part thereof, is to be performed and said policy shall fully comply with the laws of that
state(s) as such pertain to the scope of the policy.
(c) Said policy, hereinabove defined, shall be specifically endorsed to; (i) delete any and all
exclusions involving Licensee's operations on or within fifty (50') feet of railroad property or railroad
operations; (n) to add Licensor as an additional insured on said policy; (iii) to include contractual liability
coverage whereby Licensee's covenants and agreements to indemnify Licensor herein are brought within
the coverage of said policy. Further, Licensee acknowledges and agrees to a Waiver of Subrogation in favor
of Licensor on said policy.
(d) Licensee shall furnish or arrange to have furnished to Licensor, prior to Licenso's execution of
this license, a Certificate of lnsurance for the policy hereinabove defined evidencing at least the minimum
coverage required and all required endorsements, and UNDER NO CIRCUMSTANCES SHALL Licensee
enter upon Licenso's property prior to Licensor having received, reviewed and approved said Certificate of
insurance.
01/30/2004 15:46 FAX 970 491 9984 JR ENGINEERING
(e) If the Licensee named in this License is a public entity, subject to any applicable statutory tort
laws, the limits of insurance shall be the limits Licensee then has in effect or which are required by
applicable current or subsequent law, whichever is greater, and which may be self -insured. Nothing
contained herein is intended to, shall be construed to, or shall operate as a waiver of the provisions of the
Colorado Governmental Immunity Act, and Licensee expressly reserves all provisions, limitations, and
immunities of said Act.
7_ Liability: (a) Licensee acknowledges that persons and property on or near the Pipe Line, whether
during construction, installation, use maintenance or relocation are in constant danger of injury, death or
destruction, incident to the operation of the railroad tracks, whether by Licensor or others, and Licensee
accepts this License subject to such dangers.
(b) Licensee hereby assumes all liability and all the risks of injury to or. death of himself and of any
persons in his or its employ, and of all persons whomsoever, including Licensor, its officers, agents,
employees and/or contractors who may be on or about said Pipe Line, or on land adjoining or adjacent
thereto, growing out of, incident to, or in any manner resulting from the construction, installation, operation,
maintenance, relocation and presence of said Pipe Line on Licensor's property, unless caused by the sole
negligence of Licensor, its officers, managers, agents, employees and/or contractors.
(c) The risks of injury to or death of persons and loss or damage to property herein assumed by
Licensee, shall include, but shall not be limited to, loss or damage to property of either of the parties hereto,
and injury to contractors, employees, or invitees of either of the parties hereto, and whether or not such
injury to or death of persons shall arise under any Workmen's Compensation Act or Federal Employer's
Liability Act.
(d) Licensee, for himself, or itself, and for his, or its heirs, successors, assigns, officers, agents,
contractors, and employees, does hereby agree to protect, defend and indemnify Licensor from, and to
reimburse Licensor for, any and all liability and damages arising out of the risks herein assumed by
Licensee, including claims, judgments, costs, attorney's fees, and all other expenses incurred by Licensor in
defense of any claims, causes of action, or judgments arising from any liability assumed by Licensee herein.
8. WWgiver: Licensee waives the right to question the validity of this License or any of the terms and
provisions hereof, or the right or power of the Licensor to execute and enforce this License. This License is
made without covenant on the part of the Licensor to warrant its title to the property involved with said Pipe
Line, or to give or to defend Licensee in the peaceful possession of said property and Licensee shall waive
all right to claim damages in the event Licensee shall be evicted, ejected or required to surrender possession
of the property by anyone owning or claiming title to or an interest in the property, or by reason of failure of
title of Licensor, or for any other cause whatsoever.
9. Repairs and Relocation: (a) Licensee will at all times maintain the Pipe Line in a safe and secure
manner and in a condition satisfactory to Licensor's President or authorized representative. Licensor may
request the Licensee to change the location of the Pipe Line, or any part thereof, or to make reasonable
repairs as the judgment of Licensor deems it necessary in order to avoid interference with or danger in the
use or operation of Licensor's railroad, or any of its present or future appurtenances_ In the event it is found
01/30/2004 15:47 FAX 970 491 9984 SR ENGINEERING
necessary for Licensor to use its property or any portion thereof occupied by the said Pipe Line, then
Licensee shall at its sole expense, and within thirty (30) days after written notice from Licensor to do so (or
on shorter notice in case of an emergency), remove said Pipe Line, or as much of the line as is located upon
the portion of the property as required by Licensor.
(b) If Licensee shall fail to perform any of its obligations contained in this License as to the
maintenance of safe conditions in and about said Pipe Line or to make any necessary repairs, or to relocate
said Pipe Line, then Licensor may cause such condition to be made safe, or change of location to be trade,
or repairs to be made, or Pipe Line to be removed from Licensor's property. Licensor acting as the agent of
Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on
demand, promptly reimburse Licensor the sole cost hereof, plus fifteen (15%) percent thereon as a charge
for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee
not less than thirty (30) days advance written notice of its intention to do so.
10. Termination: If Licensee fails to keep or perform any of Licensee's covenants herein contained,
Licensor has the right to terminate this License upon ninety (90) days written notice to Licensee.
11. Restoration: Upon termination of this License, whether in accordance with the provisions of
Section 1, 9 or 10 hereof, or otherwise, Licensee shall promptly remove said Pipe Line from Licensor's
property, and restore said property to its prior condition, or a condition satisfactory to Licensor's President
or authorized representative. If Licensee fails to remove said Pipe Line within thirty (30) days after
termination of this License, Licensor may remove same, and charge the expense thereof to the Licensee on
the basis provided in Section 9(b) hereof.
12. Miscellaneous: (a) The personal pronouns used herein as referring to Licensee shall be
understood so to refer to Licensee whether Licensee be a natural person (one or more), a partnership, a
corporation, or any combination thereot and all the covenants and agreements contained herein shall be the
joint and several covenants and agreements of all such parties.
(b) Any notices hereunder to be given by Licensor to Licensee shall be deemed to be properly given
if, served upon or delivered to Licensee, or if deposited in the United States mail, postage prepaid to
Licensee at the address listed in the opening paragraph of this agreement. Any notice to be given to
Licensor by Licensee shall be deposited in the United States mail postage prepaid, addressed to:
Great Western Railway of Colorado
Attn: General Manager —Real Estate
252 Clayton Street, 4°i Floor
Denver, Colorado 80206
(c) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor
shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding
upon either party hereto, unless same be supplemented, altered, changed or amended by an instrument in
writing, signed by Licensor and Licensee.
El
O1/30/2004 15:47 FAX 970 491 9984 dR ENGINEERING 10007
(d) All obligations of Licensee hereunder to protect, indemnify and hold harmless the Licensor shall
also extend to officers, managers, agents, employees and/or contractors of Licensor, and to companies and
other legal entities that control, are controlled by, are subsidiaries of or affiliated with the Licensor, their
officers, managers, agents, employees, and/or contractors.
(e) This License is made subject to the rights granted by or through Licensor for any surface, sub-
surface or aerial uses antedating this License, including but not limited to, the construction, maintenance,
operation, renewal and/or relocation of fences, pipelines, communication lines, power lines, railroad tracks
and signals, and any and all appurtenances applicable thereto. Licensor excepts and reserves the right to
grant additional uses of the same or similar nature subsequent to the execution of this License, without
payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Pipe
Line by Licensee.
(f) This License and all of the provisions herein contained shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in
writing to Licensor of any name changes. Licensee agrees not to assign this License or any interest therein,
without the consent of Licensor in writing, which consent shall not be unreasonably withheld, and any and
every attempted assignment without prior written consent shall be void and of no effect. In the event of any
assignment, Licensee shall at all times remain fully responsible and liable for the compliance of all of its
obligations under the terms, provisions and covenants.
IN WITNLSS WIMREOF, the parties hereto have executed this license in triplicate as of the day and year
first above written.
Witness for Licensor: Great Western Railway of Colorado, L.L.C.
Authorized Agent
Witness for Licensee: City of Ft. Collins
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CERTIFICATION
I certify the information and exhibits submitted are true and correct to the best of my knowledge and that in filing this application, I am acting
with the knowledge, consent, and authority of the owners of the property (including all owners having a legal or equitable interest in the real
property, as defined in Section 102 of the City Code; and including common areas legally connected to or associated with the property which
is the subject of this application) without whose consent and authority the requested action should not lawfully be accomplished. Pursuant to
said authority, I hereby permit City officials to enter upon the property for the purpose of inspection, and if necessary, for posting a public
notice on the property. _
Name (please PRINT):
peb18 03 12:58p MRTTNEW J DELICH
970 669 2061
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MEMORANDUM
TO: Jim Postle, The James Company
Joe Carter, Cityscape Urban Design
Eldon Ward, Cityscape Urban Design
City of Fort Collins
FROM: Matt Del ich
DATE: February 18, 2003
SUBJECT: Sidehill Development (Johnson Farm) ODP - Street
classification for Iowa Drive and wind Row Drive
(File: 0260ME03)
In City staff comment #57, the classification of Iowa Drive
and Wind Row Drive were considered to be connector streets and would
need to be designed in accordance with detail 7-8F in the
streets
"Laimer
andarare
ort
ns
County Urban Area St
a dforecasted) daily F traf Co,
1volume at full
classified based up
build -out of a given development- per day
or less. s reet should
nector
have a volume of 1000 vehicles p Y vP
local street should have a volume of 1000 to 2500. vpd-
son Farm
The classification of various
streets he "Johns "ithin Johnson FarmnProperty
Property is addressed on Pa'
Jul 2001. This was the TZS for the
Transportation Impact Study," Y
ODP. It does state that there will be a short
volumes will fnIowa
e Drive
tend
that will exceed 1000 vpd
throughout its entire length. The ODP for this property had a higher
dwelling units count in the southwest area (served by Iowa Drive)
compared to the current plans. While the above statement continues
to be true, the forecasted volumes on Iowa Drive are lower than those
shown in the ODP TIS. I have also added potential traffic that would
be associated with development of the
gill Property, even that Property.though
there are no known development proposals
The
forecasted volume on Iowa Drive, just east of Timberline Road is
expected to be aparoximately 1200 vpd. However, this volume would
decrease to less than 1000 vpd at the Wind Row Drive intersection.
Many streets throughout the City will/do have higher volumes near the
intersections with arterials. However, the higher volumes fall below
the threshold after a few hundred feet from the arterial street. In
my judgment, Iowa Drive should be classified as a residential local
street.
Wind Row Drive is a street that is interior to the Sidehill
development. It does/will senerationve lfor�the land uses ily lots and s adjacent ome oto
parcels. Given the tme
rip g g..
11
Wind Row Drive and the potential for additional "cut throu F
traffic, the traffic volume will be less than 1000 vpd. Therefore,
should be classified as a residential local street.
Wind Row Dr-ve
JOHNSON PROPERTY
PARCEL 1 (INDUSTRIAL)
A parcel of land located in the Northwest''/. of Section 20, T 7 N, R 68 W of the 6" P.M., County of
Larimer, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35"
East, as the basis of bearings, is more particularly described as follows:
Commencing at the Northwest corner of said Section 20; thence South 000 13' 56" East, a distance of
920.70 feet along the west line of the Northwest Y. of said Section 20 to the TRUE POINT OF
BEGINNING;
Thence South 490 38' 05" East, a distance of 728.42 feet;
Thence South 000 00' 00" West, a distance of 249.53 feet to a point of non -tangent curvature;
Thence a distance of 440.35 feet along the arc of a non -tangent curve to the left having a radius of
451.06 feet, a central angle of 550 56' 05" and being subtended by a chord bearing South 66° 51' 20"
West, 423.07 feet to a point of non -tangency;
Thence North 90° 00' 00" West, a distance of 454.72 feet to a point on said west line of the Northwest''/.
of said Section 20;
Thence North 00' 13' 56" West, a distance of 1175.06 feet along said west line to the TRUE POINT OF
BEGINNING.
Contains 14.05 acres, more or less.
CIBAav
S.%V tohnson Pmperas\Parcel 1(Indus0al) Legal De5WP dM
JOHNSON PROPERTY
PARCEL 2 (LMN)
A parcel of land located in the Northwest %, Southwest''/., and Southeast '/. of Section 20, T 7 N, R 68 W
of the 61" P.M., County of Larimer, State of Colorado, which considering the south line of said Section 20,
bearing South 89° 26' 35" East, as the basis of bearings, is more particularly described as follows:
Commencing at the Northwest corner of said Section 20; thence South 00' 13' 56" East, a distance of
2095.76 feet along the west line of the Northwest ''/. of said Section 20 to the TRUE POINT OF
BEGINNING,
Thence North 900 00' 00" East, a distance of 454.72 feet to a point of non -tangent curvature;
Thence 440.35 feet along the arc of a non -tangent curve to the right having a radius of 451.06 feet, a
central angle of 550 56' 05" and being subtended by a chord bearing North 66° 51' 20" East, 423.07 feet
to a point of non -tangency;
Thence North 000 00' 00" East, a distance of 249.53 feet;
Thence South 490 38' 05" East, a distance of 2642.05 feet;
Thence South 40' 48' 27" West, a distance of 223.01 feet to a point of non -tangent curvature;
Thence 860.20 feet along the arc of a non -tangent curve to the left having a radius of 645.67 feet, a
central angle of 760 19' 58" and being subtended by a chord bearing South 820 54' 58" West, 797.98 feet
to a point of non -tangency;
Thence North 410 19' 46" West, a distance of 512.30 feet to a point of curvature;
Thence 220.90 feet along the arc of a curve to the left having a radius of 100.00 feet, a central angle of
1260 33' 48" and being subtended by a chord bearing South 75° 23' 20" West, 178.65 feet to a point of
tangency;
Thence South 12° 06' 26" West, a distance of 260.64 feet;
Thence North 76° 41' 35" West, a distance of 21.86 feet;
Thence South 000 17' 35" East, a distance of 1167.23 feet;
Thence South 890 16' 35" West, a distance of 290.63 feet;
Thence North 43' 20' 52" West, a distance of 598.92 feet to a point of curvature;
Thence 297.33 feet along the arc of a curve to the right having a radius of 393.00 feet, a central angle of
430 20' 52" and being subtended by a chord bearing North 210 40' 26" West, 290.29 feet to a point of
tangency;
Thence North 00, 00' 00" West, a distance of 55.92 feet;
Thence North 89' 29' 34" West, a distance of 526.15 feet to a point on the west line of the Southwest Y<
of said Section 20;
Thence North 00' 01' 49" West, a distance of 1321.26 feet along said west line to the West % corner of
said Section 20;
Thence North 000 IT 56" West, a distance of 556.47 feet along the west line of the Northwest Y. of said
Section 20 to the TRUE POINT OF BEGINNING.
Contains 97.03 acres, more or less.
OaAav
S'AW PUohnscn Propedi.sTarcel 2 (WN) Legal Oeswp. dcc
JOHNSON PROPERTY
PARCEL 3 (MMN)
A parcel of land located in the Southwest % of Section 20, T 7 N, R 68 W of the 61h P.M., County of
Larimer, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35"
East, as the basis of bearings, is more particularly described as follows:
BEGINNING at the Southwest corner of said Section 20;
Thence North 000 01' 49" West, a distance of 1330.77 feet along the west line of said Southwest''/<;
Thence South 890 29' 34" East, a distance of 526.15 feet;
Thence South 000 00' 00" West, a distance of 55.92 feet to a point of curvature,
Thence 297.33 feet along the arc of a curve to the left having a radius of 393.00 feet, a central angle of
43' 20' 52" and being subtended by a chord bearing South 21° 40' 26" East, 290.29 feet to a point of
tangency;
Thence South 430 20' 52" East, a distance of 598.92 feet;
Thence North 89° 16' 35" East, a distance of 290.63 feet;
Thence South 000 17' 35" East, a distance of 581.57 feet to a point on the south line of said Section 20;
Thence North 89° 26' 35" West, a distance of 1337.40 feet along said south line to the TRUE POINT OF
BEGINNING.
Contains 30.09 acres, more or less.
clsma.
SAWPUohnson PmpeneaTarcel 3 (MMN) Legal Desmp Eac
JOHNSON PROPERTY
PARCEL 4 (LIE)
A parcel of land located in the South''/: of Section 20, T 7 N, R 68 W of the 61h P.M., County of Larimer,
State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35" East, as
the basis of bearings, is more particularly described as follows:
Commencing at the Southeast corner of said Section 20; thence South 89° 26' 35" East, a distance of
120.09 feet along the south line of said Section 20 to the TRUE POINT OF BEGINNING;
Thence South 89' 26' 35" East, a distance of 2521.42 feet along the said south line to the South '% corner
of said Section 20;
Thence South 89° 26' 35" East, a distance of 66.19 feet along the said south line of Section 20;
Thence North 010 07' 25" East, a distance of 339.78 feet;
Thence North 14e 40' 35" West, a distance of 193.40 feet;
Thence North 49e 49' 35" West, a distance of 360.30 feet;
Thence North 41' 50' 35" West, a distance of 246.15 feet;
Thence North 500 15' 05" West, a distance of 366.40 feet;
Thence North 370 53' 05" West, a distance of 729.12 feet;
Thence North 76' 41' 35" West, a distance of 14.89 feet,
Thence North 12e 06' 26" East, a distance of 260.64 feet to a point of curvature;
Thence 220.90 feet along the arc of a curve to the right having a radius of 100.00 feet, a central angle of
126e 33' 48" and being subtended by a chord bearing North 75e 23' 20" East, 178.65 feet to a point of
tangency;
Thence South 41' 19' 46" East, a distance of 512.30 feet to a point of non -tangent curvature;
Thence 860.20 feet along the arc of a non -tangent curve to the right having a radius of 645.67 feet, a
central angle of 760 19' 58" and being subtended by a chord bearing North 820 54' 58" East, 797.98 feet
to a point of non -tangency;
Thence North 40e 48' 27" East, a distance of 223.01 feet;
Thence South 490 38' 05" East, a distance of 3031.46 feet to the TRUE POINT OF BEGINNING.
Contains 85.51 acres, more or less.
QBba
$\WPtlohms Pmp.M1jesNarcel 4(UE) Legal Oes pacc
01/30/2004 15:46 FAX 970 491 9984 dR ENGINEERING [it 002
1JR FLt GPY
OmniTRAX, INC. D® 0 E 0 M
252 Clayton Sucet, 4th Floor r
Dcaver, Colorado 80206 I
Telephone 303-393.0033
Fax 303-393.0041 u
I
www.omnicrax.cOm
Direct Fax 303-393-8636
E-mail: ebrown®omnitrax.com
January 12, 2004
Mr. Jim Wright
JR Engineering
2620 Prospect Road
Suite 190
Ft. Collins, CO 80525
' Re: Rigden - Filing Six, Ft. Collins, CO
Dear Jinn:
Enclosed please find three copies of an agreement covering the above referenced project.
Please have signed and witnessed all three copies by the appropriate parties, and return
them to my attention at the address listed above. Also please include the certificate of
insurance and a check made payable to the Great Western Railway of Colorado, in the
amount of $M,000, covering the one-time license fee. (As we discussed on the phone last
week, we will honor the license fee quote from 2002.) Upon our final execution, a
completed original will be returned for your records.
Please feel free to call me if you have any questions or need further assistance
Sincerely,
c
eth A. Brown
International Portfolio Manager
Enclosures
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