HomeMy WebLinkAboutMARTIN VERMILYEA - CONTRACT - RFP - P1056 LEASE FOR THE RESOURCE RECOVERY FARMLEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into on the date set forth hereinafter, and
effective the 27th day of April, 2007, by and between City of Fort Collins, a Colorado municipal
corporation, hereinafter referred to as the "Lessor", and Martin Vermilyea, hereinafter referred to as
"Lessee".
WITNESSETH:
WHEREAS, the Lessor is the owner of certain lands and improvements in Larimer County
that are a portion of the City's former "Resource Recovery Farm", specifically described and
depicted on Exhibit "A", which is attached hereto and incorporated herein by reference (the
"Property"); and
WHEREAS, Lessor has conducted a Request for Proposals ("RFP") process, and through
that process has selected Lessee to carry out hay and crop production on the Property, in
accordance with the terms of RFP P1056, and Lessee's Proposal submitted in response thereto and
dated February 13, 2007 ("Lessee's Proposal"); and
WHEREAS, the Lessee desires to lease said Property for the purpose of hay and crop
production in accordance with Lessee's Proposal; and
WHEREAS, on April 17, 2007, the Fort Collins City Council approved on second reading
Ordinance No. 051, 2007, which authorized the lease of the Property for up to five (5) years.
NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein
expressed and the monetary payment hereinbelow recited, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. Property. The Lessor hereby leases to the Lessee and the Lessee hereby leases
from the Lessor the Property as described on Exhibit "A". In addition, Lessor hereby grants to
Lessee for Lessee's use in connection with Lessee's activities hereunder only, the right to make
reasonable, normal and customary use of those private roads and lanes located on the City's
Resource Recovery Farm property as necessary for access to the various portions of the Property,
2. Term.
2.1 The initial term of this Lease shall be for a period commencing April 27,
2007, and terminating without further action by either party at midnight on December 31, 2007.
2.2 The lease may be extended on a year-to-year basis for up to four (4)
additional terms of one year in length, by written agreement on or before the termination of the prior
lease term, and on the terms and conditions acceptable to both parties, but neither party has the
obligation to extend the lease for any year beyond the initial term.
2.3 Prior to termination of the Lease, Lessee shall remove all personal property
or improvements not owned by Lessor. If Lessee fails to remove said personal property prior to
termination, Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or
otherwise dispose of it in any manner Lessor chooses, and in addition, Lessee agrees to pay any
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LS17497 (myself) for the said City of Fort Collins in October 1986;
THENCE along the said westerly right of way the following three
(3) courses and distances, (1) North 12 degrees 32 minutes 55 seconds
West for a distance of 891.19 feet;
(2) North 02 degrees 42 minutes 21 seconds West for a distance of
304.35 feet;
(3) North 12 degrees 25 minutes 28 seconds West for a distance of
321.64 feet;
THENCE continuing along the said westerly right of way as shown
on a survey by LS14823 and as defined in the property description shown
in the said Book 1992 at Page 280 the following seven (7) courses and
distances, (1) North 12 degrees 38 minutes 14 seconds West for a
distance of 968.84 feet;
(2) North 25 degrees 25 minutes 54 seconds West for a distance of
425.50 feet;
(3) along a curve to the right having a radius of 11680.00 feet a
central angle of 03 degrees 00 minutes 01 seconds and an arc length of
611.62 feet, being subtended by a chord of North 09 degrees 52 minutes
54 seconds West for a distance of 611.55 feet;
(4) North 06 degrees 05 minutes 36 seconds East for a distance of
417.50 feet;
(5) along a curve to the right having a radius of 11583.00 feet a
central angle of 06 degrees 33 minutes 06 seconds and an arc length of
1324.49 feet, being subtended by a chord of North 03 degrees 07 minutes
19 seconds West for a distance of 1323.77 feet;
(6) North 00 degrees 11 minutes 08 seconds East for a distance of
53.90 feet;
(7) North 06 degrees 05 minutes 24 seconds West for a distance of
345.66 feet to the north line of a Permanent Easement as recorded in
Resolution 88-66 recorded June 13, 1988 at Reception No. 88026808
records of the said Clerk and Recorder;
THENCE along the said north line and along the east line of the
said easement recorded at Reception No. 88026808 the following seven
(7) courses and distances, (1) South 89 degrees 57 minutes 13 seconds
West for a distance of 1059.64 feet;
(2) North 36 degrees 10 minutes 43 seconds West for a distance of
117.93 feet;
(3) North 17 degrees 41 minutes 20 seconds East for a distance of
404.31 feet;
(4) along a curve to the left having a radius of 612'.96 feet a
central angle of 40 degrees 05 minutes 20 seconds and an arc length of
428.88 feet, being subtended by a chord of North 02 degrees 21 minutes
20 seconds West for a distance of 420.18 feet;
(5) North 22 degrees 24 minutes 00 seconds West for a distance of
110.41 feet;
(6) along a curve to the right having a radius of 532.96 feet a
central angle of 14 degrees 20 minutes 52 seconds and an arc length of
133.46 feet, being subtended by a chord of North 15 degrees 13 minutes
34 seconds West for a distance of 133.11 feet;
(7) non -tangent from the previous curve, North 44 degrees 22
minutes 29 seconds East for a distance of 136.14 feet to the existing
south right of way of East Prospect Road;
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THENCE along the said south right of way, being a line which is
30.00 feet (measured at right angles) south of and parallel with the
north line of the said northeast quarter of the said Section 21, North
88 degrees 21 minutes 25 seconds West for a distance of 394.38 feet to
the east line of that certain tract of land described in a Special
Warranty Deed recorded May 1, 1997.at Reception No. 97026804 records of
the said Clerk and Recorder;
THENCE along the said east line, South 32 degrees 18 minutes 02
seconds East for a distance of 560.68 feet to the south line of the
said tract described at Reception No. 97026804;
THENCE along the said south line, South 88 degrees 25 minutes 55
seconds West for a distance of 127.80 feet to the east line of the
Mining and Reclamation Agreement Regarding Resource Recovery Farm
Property as filed with the Clerk's Office of the said City of Fort
Collins having an effective date of April 24, 2000;
THENCE along the said east line of the Mining and Reclamation
Agreement the following three (3) courses and distances, (1) South 01
degrees 12 minutes 28 seconds West for a distance of 3588.51 feet;
(2) South 39 degrees 41 minutes 47 seconds East for a distance of
229.49 feet;
(3) South 06 degrees 41 minutes 55 seconds East for a distance of
1197.10 feet to the north line of that certain tract of land described
in a Bargain and Sale Deed recorded September 6, 1995 at Reception No.
95055229 records of the said Clerk and Recorder;
THENCE along the said north line, South 88 degrees 40 minutes 11
seconds East for a distance of 103.42 feet to the northerly line of
that certain tract of land described in a Bargain and Sale Deed
recorded September 6, 1995 at Reception No. 95055230 records of the
said Clerk and Recorder;
THENCE along the said northerly line, North 61 degrees 21 minutes
O1 seconds East for a distance of 306.09 feet to the said south line of
the southeast quarter of Section 21;
THENCE along the said south line, South 88 degrees 44 minutes 39
seconds East for a distance of 564.61 feet to the point of beginning.
Containing 156.487 Gross Acres more less. The above described tract is
subject to the said Easement granted at Reception No. 88026808. The
said easement contains 5.118 acres more or less. The net area for the
above described tract is 151.369 acres more or less.
The above described tract is also subject to any other easements and
rights of ways now existing -or of record that encumber the property.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief and
opinion. This description is based upon previously compiled
descriptions and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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Exhibit "A" - Resource Recovery Farm Lease Area
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760 380 0 760 Feet
net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement of
costs therefore.
2.4 Lessor reserves the right to carry out activities on the Property for
management and long-term planning and development purposes at any time during the year.
Lessor must coordinate with Lessee any management activity that has the potential to influence
farming practices.
2.5 Lessor reserves the right to open the Property to limited public use in a
manner that does not substantially impair Lessee's agricultural uses at anytime during this Lease.
Lessor must coordinate any such public uses with Lessee.
2.6 Lessor may terminate this Lease at any time with sixty (60) days advance
written notice to Lessee, in the event that Lessor determines that it requires full use of the Property
in order to proceed with actions related to Lessor's long-term or permanent uses of the Property,
which uses have not yet been determined as of the date of this Agreement. In the event of such
termination, Lessor shall be liable to Lessee for the fair market value of any crops that are not ready
for harvest prior to the termination date. In the event of such termination, Lessee shall have no
further obligation to Lessor for rent for the Property.
3. Rent. Total rent for the lease term ending December 31, 2007, shall be Seven
Thousand One Hundred and Fifty Dollars ($7,150.). Lessee shall on or before May 1, 2007, pay to
Lessor, at 200 West Mountain, or at such other place as Lessor may from time to time designate,
fifty percent (50%) of the total rental payment, in the amount of Three Thousand Five Hundred and
Seventy -Five Dollars ($3,575.). Rent for the remainder of the initial term in the amount of Three
Thousand Five Hundred and Seventy -Five Dollars ($3,575.) shall be due and payable to Lessor on
or before December 31, 2007.
4. Permissible Uses of Property and Operations. Lessee agrees to use and occupy the
Property only for the purposes of crop and hay production in accordance with Lessee's Proposal,
which shall be incorporated herein as part of this Lease Agreement and shall govern the rights and
obligations of the parties, except to the extent the same conflicts with the express terms of this
Lease Agreement. Lessee shall use the Property for no other purpose whatsoever without the prior
written consent of Lessor, in Lessor's sole discretion.
5. Weed Management. Lessee is responsible for controlling noxious and toxic plants
found upon the Property. In using any herbicides or other materials to control noxious and toxic
plants on the Property, Lessee must comply with all applicable federal, state, and local laws, rules,
and regulations controlling the application and storage of such herbicides and materials. In addition,
Lessee shall indemnify and hold Lessor, and its officers and employees, harmless from any and all
claims, judgments, penalties, fines, costs, and attorney's fees that may result from Lessee's use,
application, and storage of such herbicides and other materials.
6. Water and Irrigation. It shall be Lessee's sole responsibility to manage irrigation
water, electricity and/or equipment for the crop irrigation, through arrangements with Lessor. As part
of this Lease, Lessee is entitled to use Lessor's six (6) shares of Sand Dike Irrigation Company and
three and six -tenths (3.6) shares of Lake Canal water, and Lessee shall be entitled to work directly
with the underlying water provider in order to arrange for and call on water for use on the Property in
accordance with this paragraph. Lessor shall perform or arrange for such maintenance and repair
to irrigation delivery ditches as may reasonably be required to convey said irrigation water to the
Property. Lessee must manage his use of water on the Property so as to make reasonably efficient
use thereof, and shall coordinate with Lessor regarding the status of water use and the potential that
additional water may be needed to irrigate the Property. Lessee must report all water use on the
Property to Lessor on a monthly basis and otherwise, upon Lessor's request. Lessor agrees to
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make diligent efforts to provide such additional water as may reasonably be required to irrigate the
Property, upon Lessee's request.
7. Crop Production. All costs associated with producing the crop, including but not
limited to all costs of tillage, seeds, seeding, fertilizer, irrigation management, weed management,
and harvesting, are Lessee's sole responsibility, except that Lessor agrees to provide alfalfa seed to
Lessee, upon Lessee's request, for planting by Lessee on the Property.
8. Condition of Property. Maintenance and Damage. Lessee stipulates that Lessee has
examined the Property, and that the Property is, at the time of this Lease, in good order and repair,
safe, clean and in tenantable condition. Lessee takes possession of the Property "as -is" and in its
actual condition at the commencement of this Lease, and waives any claims related to said
condition. If, during the term of this Lease, the Property or any part thereof shall be destroyed or so
damaged by fire or other casualty as to become untenantable, then, at the option of Lessee, Lessee
may terminate this Lease by notice in writing delivered to Lessor within thirty (30) days after such
damage or destruction. In such event, Lessee must immediately surrender the Property and his
interest therein to the Lessor and this Lease shall terminate. Lessor shall have no obligation to
refund or compensate Lessee for any rent amounts previously paid or for crop damage or
destruction that may result from said damage or destruction of the Property.
9. Alterations and Improvements. Lessee shall make no alterations or improvements to
the Property without prior written consent of Lessor, in Lessor's sole discretion, except that Lessee
must improve and install ditches, pipe and other irrigation improvements on the Property as
necessary to distribute water on the Property for crop irrigation, consistent with plans and
specifications provided to Lessor for review and approval in advance of such improvements and
installation. Any alterations, changes and improvements built, constructed, or placed on the Property
by Lessee, with the exception of the fixtures removable without damage to the Property and
movable personal property will, unless otherwise provided bywritten agreement between the parties
hereto, be the property of Lessor upon construction and remain on the Property at the termination of
this Lease. In addition, any and all major maintenance and repair of the Property, whether or not
due to Lessee's misuse, waste or neglect or that of his employees, agents, or visitors, shall be the
sole responsibility of Lessee.
10. Signs. Lessee shall not affix, erect or maintain on the Property any sign or
advertisement without first obtaining Lessor's approval, in Lessor's sole discretion. Lessor hereby
acknowledges that Lessee shall be entitled to erect such signs as it deems necessary to notify the
general public of any unsafe conditions or prohibition on public access, without further advance
notice from Lessee to Lessor, provided such signs comply with any applicable regulatory and other
legal requirements and restrictions.
11. Assignment and Sublease. Lessee shall not assign, sublet or grant any concession
or license for use of the Property or any part thereof without the prior written consent of Lessor, in
Lessor's sole discretion. Lessor's consent to any given assignment, subletting, concession or
license shall not be deemed to be a license. An assignment, subletting, concession or license
obtained without the prior written consent of Lessor, or an assignment or subletting by operation of
law, shall be void and shall, at Lessor's option, terminate this Lease.
12. Hazardous or Dangerous Materials.
12.1 As used herein, the term "Hazardous Material" means any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority, the
state of Colorado or the United states Government. The term "hazardous material" includes, without
limitation, any material or substance that is: (i) defined as a "hazardous substance" under
appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous
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substance" pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. section
1321); (v) defined as "hazardous waste" pursuant to section 1004 of the Federal Resource
Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance"
pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance" pursuant to
Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C.
Section 6991.
12.2 Lessee shall not keep or have on the Property any article, item or thing of a
dangerous, inflammable or explosive character that might unreasonable increase the danger of fire
to the Property, or that may be subject to special handling or management requirements of federal,
state or local laws. Nor shall Lessee cause or permit any Hazardous Material to be brought upon,
kept or used in or about the Property without the prior written consent of the Lessor (which Lessor
shall not unreasonably withhold as long as Lessee demonstrates to Lessor's reasonable satisfaction
that such hazardous material is necessary or useful to Lessee's agricultural production and will be
used, kept and stored in a manner that complies with all laws regulating any such Hazardous
Material).
12.3 Lessee shall indemnify, defend and hold the Lessor harmless from any and all
claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation,
diminution value of the Property, damages for the loss or restriction on use of rentable or usable
space or of any amenity of the Property, damages, arising from adverse impact or marketing of
space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)
which arise during or after the Lease term as a result of Lessee's use of Hazardous Materials on the
Property, or the breach by Lessee of Lessee's related obligations hereunder. This indemnification
of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation
of site conditions or any clean up, remedial, removal or restoration work required by any federal,
state or local governmental agency or political subdivision because of Hazardous Material present in
the soil or groundwater on or under the Property. Without limiting the foregoing, if the presence of
any Hazardous Material on the Property caused or permitted by Lessee results in any contamination
of the Property, Lessee shall promptly take all actions at his sole expense as are necessary to return
the Property to the condition existing prior to the introduction of any such Hazardous Material to the
Property; provided that Lessors approval of such action shall first be obtained, which approval shall
not be unreasonably withheld so long as such action would not potentially have any material
adverse affect on the Property.
13. Utilities. Lessee shall be responsible for arranging for and paying all utility services
required on the Property for Lessee's use.
14. Taxes, Real and Personal.
14.1 Lessee shall not be responsible for payment of any real property taxes and
assessments for the Property, except to the extent the same apply to Lessee's leasehold interest.
14.2 Lessee shall pay all sales and use taxes imposed as the result of the
business conducted on the Property and all personal property taxes assessed against personal
property situated thereon during the term hereof.
15. Hunting. Lessor shall have sole control of hunting on the Property. Lessee shall
refer all hunting requests and claims of hunting rights by third parties to Lessor. Hunting of any and
all kinds is prohibited on the Property unless allowed by written permission of Lessor.
16. Right of Inspection/Study of Property. Lessor, or Lessor's agents or contractors, shall
have the right at all reasonable times, during the term of this Lease, to enter the Property for the
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purpose of inspecting or studying the Property and all buildings, grounds and improvements thereof,
provided that no such activity may interfere with Lessee's use of the Property.
17. Surrender of Property. At the expiration of this Lease term or after termination
notification from Lessor, Lessee agrees to quit and surrender the Property in a condition
substantially the same as the condition of the Property at the commencement of this Lease,
reasonable wear and tear and damage by the elements excepted. Lessee agrees to be responsible
and to reimburse the Lessor for any repairs to the Property reasonably required due to Lessee's
occupancy of the Property.
18. Default. If any default is made in the payment of rent, or any part thereof, at the times
hereinbefore specified, or if any default is made in the performance of or compliance with any term,
provision or condition hereof, this Lease, at the option of Lessor, may be terminated and forfeited,
and Lessor may reenter the Property and remove all persons therefrom. Prior to any such
termination, Lessee shall be given written notice of any default or breach of the provisions of this
Lease and termination or forfeiture of the Lease shall not result if, within ten (10) days after receipt
of such notice, Lessee has corrected the default or breach or have taken action reasonably likely to
affect such correction within a reasonable time. The parties agree that filing by Lessee of personal
or business -related bankruptcy constitutes a default under the Lease.
19. Insurance. Lessee, at his sole cost and expense, shall, during the term of this Lease,
procure, pay for and keep in full force and effect comprehensive general liability insurance coverage
with a minimum limit of $300,000 per occurrence, and Lessee shall furnish a certificate of insurance
to Lessor showing the Lessor as additional insured.
20. Encumbrances. Lessee shall pay all costs and charges for work done by it or caused
to be done by it, in or to the Property and for all materials furnished in connection with such work. In
no event shall Lessee be entitled to cause or permit the establishment of any lien or other
encumbrance on the Property.
21. Condemnation.
21.1 If, during the term of this Lease: (a) the title to the whole or substantially all of
the Property shall be taken; (b) if the Property shall be deprived of adequate ingress or egress to or
from all public streets and highways abutting the Property; or (c) if Lessee cannot reasonably
operate in the remainder of the Property the business being conducted on the Property at the time of
such taking as the result of the exercise of the power of eminent domain hereinafter referred to as
"proceedings", then this Lease shall terminate as of the date of such taking pursuant to such
proceedings. For the purpose of construing the provisions of this Article, "proceedings" shall include
any negotiated settlement of any matter involving a condemnation; and a "taking" shall be deemed
to occur when title to the Property or possession thereof is acquired by the governmental authority,
whichever first occurs.
21.2 If, during the term of this Lease, title to less than the whole or title to less than
substantially all of the Property shall be taken in any such proceedings and the Lessee can
reasonably operate in the remainder of the Property the business being conducted on the Property
at the time of such taking, this Lease shall not terminate; and the monthly rental thereafter due and
payable by the Lessee shall be reduced in such just proportion as the nature, value and extent of
the part so taken bears to the whole of the Property.
22. Requirements of Law. At all times during the term of this Lease, Lessee shall
observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants,
restrictions, rules and regulations of the federal, state and local governments, and of all courts or
other governmental authorities having jurisdiction over the Property or any portion thereof, including
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any requirements pertaining to construction activities whether the same are in force at the
commencement of this Lease or are in future passed, enacted or directed.
23. Indemnification. Lessee agrees to indemnify and hold harmless the Lessor against
all damages, claims, liabilities for injury or damage to person, property or whenever and by
whomever brought and causes of action arising from or in anyway relating to Lessee's possession or
use of the Property. To the extent permitted by law, Lessor shall be responsible for any damages,
claims or liabilities arising from the Lessor's negligent acts or omissions with respect to the Property,
subject to the requirements and limitations of the Colorado Governmental Immunity Act.
24. Notices. Any notice by either party to the other shall be in writing and shall be
deemed to be duly given only if delivered personally, sent by commercial courier, or mailed by
registered mail in a postage prepaid envelope addressed to the parties as follows:
Lessee: Martin Vermilyea
4412 Stable Lane
Fort Collins, CO 80525
Lessor: Natural Areas Program Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
Real Estate Manager
City of Fort Collins Colorado
P.O. Box 580
Fort Collins, CO 80522
25. Conditions of the Agreement. Lessor and Lessee further agree as follows:
25.1. This Agreement may not be enlarged, modified, or altered, except as in
writing, signed by all parties as an amendment hereto.
25.2 No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach thereof.
25.3 Time is of the essence in the performance of this Lease Agreement.
25.4 The covenants and conditions herein contained shall apply to and bind the
heirs, legal representatives, and assigns of the parties hereto and all
covenants are to be construed as conditions of this Lease.
25.5 If either party must resort to legal action to enforce the terms of this
Agreement, the substantially prevailing party shall be entitled to its
reasonable costs and legal fees, including attorney fees, incurred as a result
of the litigation.
25.6 If any provisions of this Lease shall be declared invalid or unenforceable,
the remainder of this Lease shall continue in full force and effect.
25.7 This Lease shall be construed and enforced in accordance with the laws
No
of the State of Colorado, and venue for any action related hereto or
between the parties related to the Property shall be in Larimer County,
Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the dayand
year first written above.
LESSEE:
Date: �5 `2 210 7 By/eJ7
Martin Vermilyea
STATE OF C&&A&e!e + )
ss
COUNTY OF
Subscribed and sworn to before me this;?Oday of 2007,
Lessee.
Witness my hand and official seal.
My Commission expires l z z
OF FORT C� otary Public r
SEAL LESSOR:
and
RA�p City of Fort Collins, lorado, Municipal Corporation
By:
Darin Atteberry, UyWainer
ATTEST
APPROVED AS TO FORM:
Assistant City Attome .
1 0:i:TTTi
Legal Description of Leased Property
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THE LEASED AREA (REFERRED TO AS THE PROPERTY) FOR LEASE AGREEMENT BY
AND BETWEEN THE CITY OF FORT COLLINS AND MARTIN VERMILYEA, DATED APRIL
27, 2007, INCLUDES THOSE PORTIONS OF THE PROPERTY DESCRIBED BELOW AS
ARE SHOWN ON THE ATTACHED AERIAL PHOTOGRAPH
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS RESOURCE RECOVERY
FARM (OF WHICH THE LEASED AREA IS A PORTION):
A tract of land located in Sections 21, 22, 27 and 28, Township 7
North, Range 68 West of the Sixth Principal Meridian, Larimer County,
Colorado, the said tract is also a portion of that certain tract of
land described in a Warranty Deed recorded October 2, 1979 in Book 1992
at Page 280 records of the Clerk and Recorder of the said Larimer
County, the said tract is also a portion of that certain tract of land
described in Exhibit B as attached to an Easement Agreement Recorded
September 6, 1995 at Reception No. 95055231 records of the said Clerk
and Recorder, being more particularly described as follows;
Considering the south line of the Southeast quarter of Section 21 as
bearing North 88 degrees 44 minutes 39 seconds West between a LS 20685
Aluminum Cap monument at the south quarter corner of the said Section
21 and a LS 17497 Aluminum Cap monument at the southeast corner of
Section 21, based upon G.P.S. observation and with all bearing
contained herein relative thereto;
Commencing at the Southeast Corner of the said Section 21;
THENCE along the south line of the said southeast quarter, North
88 degrees 44 minutes 39 seconds West for a distance of 300.61 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said south line, South 19 degrees 13 minutes
46 seconds East for a distance of 84.31 feet;
THENCE South 04 degrees 13 minutes 14 seconds East for a distance
of 593.72 feet;
THENCE South 23 degrees 43 minutes 07 seconds East for a distance
of 336.44 feet;
THENCE South 36 degrees 26 minutes 05 seconds East for a distance
of 422.60 feet;
THENCE North 62 degrees 39 minutes 07 seconds East for a distance
of 28.49 feet;
THENCE South 39 degrees 56 minutes 06 seconds East for` a distance
of 94.04 feet;
THENCE North 87 degrees 25 minutes 24 seconds East for a distance
of 159.71 feet;
THENCE South 59 degrees 25 minutes 23 seconds East for a distance
of 135.83 feet;
THENCE South 03 degrees 16 minutes 50 seconds East for a distance
of 107.19 feet;
THENCE North 85 degrees 41 minutes 26 seconds East for a distance
of 48.38 feet;
THENCE North 43 degrees 51 minutes 33 seconds East for a distance
of 68.66 feet to the westerly right of way of I-25 as shown on a
Boundary Survey of the Strauss Cabin Trailhead Property performed by
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