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Home My WebLink AboutLINDENMEIER ESTATES - Filed OA-OTHER AGREEMENTS - 2008-03-19.? rititJj (41. mru4 b)mPAQ,�- �stu RECEIVED D E C 0 3 2003 CURRENT PLANNING AGREEMENT THIS AGREEMENT, effective November 1 _, 2003, by and among Bayberry Development, LLC, a Colorado limited liability company, and%or assigns (`Bayberry") and the Lindenwood Homeowners Association, Inc., a Colorado non-profit corporation, Lindenmeier Homeowners' Association, a Colorado non-profit corporation, and the Lindenmeier Lake Water Association, Inc., a Colorado non- profit corporation, (the "Lake Groups"), witnesseth that in consideration of the mutual covenants herein and other good and valuable consideration, the mutual receipt of which is hereby acknowledged, the parties agree as follows: 1. Bayberry shall design and install, not later than completion of the storm drainage system of Lindenmeier Estates P.U.D., located in the SE%, Section 36, T8N, R69W, Latimer County, Colorado (the "Development"), a water quality pond in accordance with the Urban Drainage and Flood Control District, Volume 3 "Best Management Practice" on the eastern portion of the Development with a capacity of not less than 3,000 cubic feet of detention. Bayberry agrees to provide construction documents for this pond to the Lake Groups for their review and approval prior to Bayberry commencing construction. Once the pond is completed Bayberry shall ensure that it is cleaned of debris and sediment, and otherwise continuously maintained in good working condition as originally designed to improve water quality, at no expense to the Lake Groups. 2. Bayberry shall design and install, not later than completion of the storm drainage system of the Development, a water quality pond in accordance with the Urban Drainage and Flood Control District. Volume 3 "Best Management Practice" on the western portion of the Lindenmeier Homeowners' Association property across the street from Lot 39 (Tract A. Linden Lake Subdivision) with a capacity of not less than 4,000 cubic feet of detention. Bayberry agrees to provide construction documents for the pond to the Lake Groups for their review and approval prior to Bayberry commencing construction. Bayberry shall indemnify and hold harmless Lindenmeier Homeowners' Association from and against all mechanic's liens and other claims. damages, costs and expenses (including attorneys' fees) arising from construction of the pond - Bayberry agrees to reimburse the Lake Groups for the maintenance of the water quality pond a maximum of $500.00 per year. In addition to the maintenance cost reimbursement. Bayberry agrees to pay an equivalent share per Development lot of fees charged for Lindenmeier Lake water quality work. If Bayberry fails to pay the Lake Groups any amount due under this Agreement within 30 days following the due date, the amount due shall bear interest at 18% per annum. In addition, the Association shall have a lien against the Development for the past due amount, interest, costs and attorneys' fees, which lien shall have the characteristics of a lien under C.R.S. §38-33.3-316. Bayberry shall obtain and provide to the Lake Groups the written consent of the owner of Lot 39 to the flows and water levels created by the Development's drainage plans. Such consent shall be recorded. shall run with Lot 39 and be binding on all future owners of Lot 39. 3. This Agreement shall only apply to the plans and densin shown for the Development as proposed to the City° of Fort Collins as of the effective date hereof (specifically as shown on Bayberry's draft plat of Lindenmeier Estates P.U.D. dated June 26. 2002), and to no other development. After recording, return to: Richard S. Cast, Mvatt Brandes & Cast PC 323 S. Collese Avenue. Suite 1. Fort Collins. CO 805'_4 ;/)§z z z, x_, �\ ! °/\\ § !\\) LLI / zF/ -- _� . b } - [0 goo §2§ ;§R\ !: \\\ W\,,mo w \ A 0 1 . z §} /;y « )CD yid \ » , , d 01, _- �wo },. _ Z\ LL .- 0 // -- QE§ );)2/I§ LL l 7I r i, c.`re C� j��_,evrif14 QA_- CCPY - ICEZP AGREEMENT THIS AGREEMENT, effective November ff, 2003, by and among Bayberry Development, LLC, a Colorado limited liability company, and/or assigns (`Bayberry") and the Lindenwood Homeowners Association, Inc., a Colorado non-profit corporation, Lindenmeier Homeowners' Association, a Colorado non-profit corporation, and the Lindenmeier Lake Water Association, Inc., a Colorado non- profit corporation, (the "Lake Groups"), witnesseth that in consideration of the mutual covenants herein and other good and valuable consideration, the mutual receipt of which is hereby acknowledged, the parties agree as follows: 1. Bayberry shall design and install, not later than completion of the storm drainage system of Lindenmeier Estates P.U.D., located in the SE'/e, Section 36, T8N, R69W, Larimer County, Colorado (the "Development"), a water quality pond in accordance with the Urban Drainage and Flood Control District, Volume 3 "Best Management Practice" on the eastern portion of the Development with a capacity of not less than 3,000 cubic feet of detention. Bayberry agrees to provide construction documents for this pond to the Lake Groups for their review and approval prior to Bayberry commencing construction. Once the pond is completed Bayberry shall ensure that it is cleaned of debris and sediment, and otherwise continuously maintained in good working condition as originally designed to improve water quality, at no expense to the Lake Groups. 2. Bayberry shall design and install, not later than completion of the storm drainage system of the Development, a water quality pond in accordance with the Urban Drainage and Flood Control District, Volume 3 "Best Management Practice" on the western portion of the Lindenmeier Homeowners' Association property across the street from Lot 39 (Tract A, Linden Lake Subdivision) with a capacity of not less than 4,000 cubic feet of detention. Bayberry agrees to provide construction documents for the pond to the Lake Groups for their review and approval prior to Bayberry commencing construction. Bayberry shall indemnify and hold harmless Lindenmeier Homeowners' Association from and against all mechanic's liens and other claims, damages, costs and expenses (including attorneys' fees) arising from construction of the pond. Bayberry agrees to reimburse the Lake Groups for the maintenance of the water quality pond a maximum of $500.00 per year. In addition to the maintenance cost reimbursement, Bayberry agrees to pay an equivalent share per Development lot of fees charged for Lindenmeier Lake water quality work. If Bayberry fails to pay the Lake Groups any amount due under this Agreement within 30 days following the due date, the amount due shall bear interest at 18% per annum. In addition, the Association shall have a lien against the Development for the past due amount, interest, costs and attorneys' fees, which lien shall have the characteristics of a lien under C.R.S. §38-33.3 ') 16. Bayberry shall obtain and provide to the Lake Groups the written consent of the owner of Lot 39 to the flows and water levels created by the Development's drainage plans. Such consent shall be recorded, shall run with Lot 39 and be binding on all future owners of Lot 39. 3. This Agreement shall only apply to the plans and density shown for the Development as proposed to the City of Fort Collins as of the effective date hereof (specifically as shown on Bayberry's draft plat of Lindenmeier Estates P.U.D. dated June 26, 2002), and to no other development. After recording, return to: Richard S. Gast, Mvatt Brander & Gast PC 323 S. College Avenue, Suite 1, Fort Collins. CO 80524 a 4. This Agreement, and all preceding correspondence between or among the parties, shall in no way be construed as an agreement on the part of the Lake Groups to accept any responsibility for water from the Development greater than historical water flows. Any liability associated with excess water drainage flows shall remain solely with Bayberry and its successors. 5. The Lake Groups shall recommend to the Board of Directors of Lindenwood Homeowners Association, Inc. that it authorize its officer to sign the plat for the Development. 6. This Agreement shall be recorded in the public records of Latimer County, Colorado and shall constitute a covenant running with the Development, with all filings ofLindenwood P.U.D., and with all filings of Linden Lake Subdivision. Bayberry shall reimburse the cost of an attorney for the Lake Groups, Richard Gast, to review and work with Bayberry's counsel in the preparation of this Agreement, such cost shall not exceed $2,000.00. 7. This Agreement shall be interpreted according to the Iaws of the State of Colorado. This Agreement shall inure to the benefit of and be binding upon the parties' successors and assigns. Specifically, the community association formed by Bayberry for the Development shall be obligated to perform all maintenance, payment and other obligations under this Agreement following construction of the ponds. Bayberry shall cause such community association to provide the Lake Groups with a written acknowledgement and assumption of its obligations under this Agreement once the association is formed, whereupon Bayberry shall be released from further obligations under this Agreement with the exception of Bayberry's pond design and construction -related obligations under Sections 1 and 2 above (including indemnification against liens and claims), and the reimbursement obligation under Section 6 above. In the event of breach hereof by a party, the non -breaching party shall, in addition to all other available remedies, be entitled to the award of its costs including reasonable attorney fees incurred by reason of such breach. IN WITNESS WHEREOF, the parties authorized representatives have hereinbelow set their hands, effective the date first above written. [Signature pages follow. j Lo STATE OF COLORADO ) ss. COUNTY OF LARIMER ) i Edward MENT, LLC, a company Acknowledged before me this 2LL day of /k,6e/Yfl�t( 2003, by Edward Zdenek and Edward Lawler as Managers of Bayberry Development, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires:,��( �pTARY I` S � r'Q• i pU81jG r'��Q' Notary Public' HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation 1-1 i President STATE OF COLORADO ) _ SS. i r COUNTY OF LARIMER ) 9` 'POD Ackn w ed _efore me this ay of l�P.^?rn r 2003, by C� A Re: as President of Lindenwood Homeowners sociation, Inc., a Colorado non-profit corporation. C6., D3_Pc0-7 Witness my hand and official seal My commission expires: ' '" Not Public 3 LINDENMEIER HOMEOWNERS' ASSOCIATION, a Colorado non-profit corporation l By: President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Acknowledged before me this LL day of AIOvembtr 2003, by Lrjmond I.. R bc4"- as President of Lindenmeier Homeo,\VW6i,4 Association, a Colorado non-profit corporation. �BSA 1. 3Ti Witness my hand and official seal. MY COMMISSION EXPIRES • NOTARy' My commissioDEQfaWR 21, 2W5 Notary Public LINDENMEIER LAKE WATER ASSOCIATION, INC., a Colorado non-profit corporation r By: STATE OF COLOR -ADO ) ss. COUNTY OF LARIMER ) Acknowledged before me this ISM day of ND 2003, by jMvid Fe)e-k as VICC % Id nt ofLindenmeier Lake Water Association, Inc., a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: I - k4 • Ii Notary Public - F^.WPCdtSG\Lindmmua�Lindmmcia Es[aix9aybary Wata Agrewm[11140]Goc t� \�i •I,t't J In e 4. This Agreement, and all preceding correspondence between or among the parties, shall in no way be construed as an agreement on the part of the Lake Groups to accept any responsibility for water from the Development greater than historical water flows. Any liability associated with excess water drainage flows shall remain solely with Bayberry and its successors. 5. The Lake Groups shall recommend to the Board of Directors of Lindenwood Homeowners Association, Inc. that it authorize its officer to sign the plat for the Development. 6. This Agreement shall be recorded in the public records of Larimer County, Colorado and shall constitute a covenant running with the Development, with all filindenwood P.U.D.. and ngs of Li with all filings of Linden Lake Subdivision. Bayberry shall reimburse the cost of an attorney for the Lake Groups, Richard Gast, to review and work with Bayberry's counsel in the preparation of this Agreement, such cost shall not exceed $2.000.00. 7. This Agreement shall be interpreted according to the laws of the State of Colorado. This Agreement shall inure to the benefit of and be binding upon the parties' successors and assigns. Specifically, the community association formed by Bayberry for the Development shall be obligated to perform all maintenance, payment and other obligations under this Agreement following construction of the ponds. Bayberry shall cause such community association to provide the Lake Groups with a written acknowledgement and assumption of its obligations under this Agreement once the association is formed, whereupon Bavberry shall be released from further obligations under this Agreement with the exception of Bayberry's pond design and construction -related obligations under Sections 1 and 2 above (including indemnification against liens and claims), and the reimbursement obligation under Section 6 above. In the event of breach hereof by a party, the non -breaching party shall, in addition to all other available remedies, be entitled to the award of its costs including reasonable attorney fees incurred by reason of such breach. IN WITNESS WHEREOF, the parties authorized representatives have hereinbelow set their hands, effective the date first above written. [Signature pages follow-] us M3 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Edward MENT, LLC, a company Acknowledged before me this jts�L day of 21 &eL{ 74)r 2003, by Edward Zdenek and Edward Lawler as Managers of Bayberry Development, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ymq eci{ ♦ ,'.A'� NpT Y O �`. . t4 f � • • S � 0• ryU• a 0 ♦♦9�F OF GO, ,4 . still STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Notary Public LNDENWOOD HOMEOWNERS ASSOCIATION, INC., a Colorado non-profit corporation n 'f �o iJ JZ-, President me this 'may of 2003, by ri r flWL1EXDire; as President of Lmdenwood Homeowners Inc., a Colorado non -pro t corporation. 'Z, 03--;� Witness my hand and official seal. My commission expires: f % Not " Public LINDENMEIER HOMEOWNERS' ASSOCIATION, a Colorado non-profit corporation By: President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Acknowledged before me this /9" day of /J�puemher 2003, by Edmon � L.. R htrf— as President of Lindenmeier Homeo�f� Association, a Colorado non-profit corporation. SA Witness my hand and official seal. MY COMMISSION EXPIRES NOTARY ''; My commissio1VEg9WER 21, 2005 Notary Public LINDENMEIER LAKE WATER ASSOCIAATION, INC., a Colorado non-profit corporation c By: STATE OF COLOR -ADO ) ss. COUNTY OF LARIMER ) Acknowledged before me this /Sfh day of /li0 2003, by DwVrd Feie-& as jj1CC T�GsId nt ofLindenmeier Lake Water Association, Inc., a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: Notary Public F:`WPCRSG'Llnd .iLT Lmdnmeic EsaesEaybmy Wa¢r AgreemrnI11903.doc :` � � �',�, y 31 ;I { �1c 4 SEPTEMBER 23,1999 BETWEEN ROBERT R. & JUNE C. BAKER dba MOONDRIFT FARM 1108 N. LEMAY AVENUE FORT COLLINS, CO 80524 AND BAYBERRY DEVELOPMENT, LLC 2120 S. COLLEGE AVE. FORT COLLINS, CO 80525 BAYBERRY DEVELOPMENT, LLC (BAYBERRY) HEREBY AGREES TO PROVIDE A MINIMUM 20 FOOT EASEMENT FOR IRRIGATION AND ACCESS FOR MAINTENANCE OF IRRIGATION DITCH, COMMONLY KNOWN AS DITCH 10, TO LINDENWOOD HOMEOWNERS ASSOCIATION, INC. (LINDENWOOD), AS DESCRIBED ON THE AMENDED LEGAL DESCRIPTION OF EASEMENT FOR IRRIGATION AND ACCESS, EXHIBIT 1, AMENDED 09-18-99 (Copy Attached). THE PURPOSE FOR THE EASEMENT IS TO INSURE THE UNRESTRICTED DELIVERY OF IRRIGATION WATER, AND THE UNRESTRICTED ABILITY TO PERFORM ANY REQUIRED MAINTENANCE TO INSURE THIS DELIVERY. BAYBERRY AND/OR SUBSEQUENT OWNERS OF LOTS 2,3,4, AND 5, (OR ANY OTHER LOTS TO BE DESIGNATED THAT FRONT/CROSS, OR ENCROACH ON THIS EASEMENT) OF THE LINDENMEIER ESTATES P.U.D. AGREE NOT TO CONSTRUCT ANY IMPROVEMENT WITHIN THE EASEMENT LINES, UNLESS SPECIFIC UNRESTRICTED ACCESS IS PROVIDED TO LINDENWOOD. THIS IS TO INCLUDE ANY LANDSCAPING AND/OR PLANTINGS THAT WOULD IMPEDE FREE AND CLEAR ACCESS WITHIN SAID EASEMENT. LINDENWOOD AGREES TO MAKE EVERY REASONABLE EFFORT TO NOTIFY PROPERTY OWNERS OF LOTS 2,3,4, & 5, (OR SUBSEQUENT DESIGNATIONS) 24 HOURS PRIOR TO ENTERING THEIR PROPERTY. THIS AGREEMENT SHALL "RUN WITH THE LAND" AND SHALL SURVIVE ANY TRANSFER OF OWNERSHIP OF THE AFOREMENTIONED PROPERTIES. IT IS THE INTENTION OF THE PARTIES TO THIS AGREEMENT TO BE MUTUALLY RESPECTFUL OF EACH OTHER'S IMPROVEMENTS, AND THE NEED FOR ACCESS AND MAINTENANCE, AND TO COOPERATE IN THEIR MUTUAL ENDEAVORS AND INTERESTS. R�(O�BERT R. & JUNEpjCC...,BAKER ROBERT R. BAKER LEGAL DESCRIPTION EASEMENT FOR IRRIGATION A 20.00 FOOT WIDE EASEMENT FOR IRRIGATION PURPOSES OVER AND ACROSS A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 36, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 36, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE EAST ONE -QUARTER CORNER BY A 3" ALUMINUM CAP STAMPED "LS 20123" IN A RANGE BOX AND AT THE SOUTHEAST CORNER BY 3" ALUMINUM CAP STAMPED "LS 20123" IN A RANGE BOX IS ASSUMED TO BEAR S00006'00"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE N89°47'19"W A DISTANCE OF 449.31 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE CENTERLINE OF AN EXISTING IRRIGATION CHANNEL; THENCE ALONG THE CENTERLINE OF SAID IRRIGATION CHANNEL THE FOLLOWING FOUR (4) COURSES: 1. N51 °30'24"W A DISTANCE OF 112.34 FEET; 2. N39035'43"W A DISTANCE OF 75.01 FEET; 3. N22029'16'W A DISTANCE OF 54.27 FEET; 4. N33055'43"W A DISTANCE OF 71.57 FEET TO THE POINT OF TERMINUS, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND RECORDED AS RECEPTION NO. 94028987, LARIMER COUNTY RECORDS. THE SIDELINES OF SAID 20.00 FOOT WIDE EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OR THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND RECORDED AS RECEPTION NO. 90032551 TO THE SOUTH AND SAID SOUTHEASTERLY LINE OF SAID RECEPTION NO. 94028987 TO THE NORTHWEST. CONTAINING A CALCULATED AREA OF 0.128 ACRES (5,587 SQUARE FEET). LEGAL DESCRIPTION STATEMENT I, GARY K. HAMMER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. HAktj GARY K. HAM`MEBRbdIS LAND URVEYOR = COLORADO NO. 24307 = 24307 ¢o i X:\909000\ESMT-EXHBT\9090ESMT-EXHBT2.DOC SEPTEMBER 18, 1999 BETWEEN LINDENWOOD HOMEOWNERS ASSOCIATION, INC. 1705 LINDENMEIER COURT FORT COLLINS, CO 80524-2257 AND BAYBERRY DEVELOPMENT, LLC 2120 S. COLLEGE AVE. FORT COLLINS, CO 80525 BAYBERRY DEVELOPMENT, LLC (BAYBERRY) HEREBY AGREES TO PROVIDE A MINIMUM 25 FOOT EASEMENT FOR IRRIGATION AND ACCESS FOR MAINTENANCE OF IRRIGATION DITCH, COMMONLY KNOWN AS DITCH 10, TO LINDENWOOD HOMEOWNERS ASSOCIATION, INC. (LINDENWOOD), AS DESCRIBED ON THE AMMENDED LEGAL DSCRIPTION OF EASEMENT FOR IRRIGATION AND ACCESS, EXHIBIT I, AMMENDED 09-18-99 (Copy Attached). THE PURPOSE FOR THE EASEMENT IS TO INSURE THE UNRESTRICTED DELIVERY OF IRRIGATION WATER, AND THE UNRESTRICTED ABILITY TO PERFORM ANY REQUIRED MAINTENANCE TO INSURE THIS DELIVERY. BAYBERRY AND/OR SUBSEQUENT OWNERS OF LOTS 2, 3, 4, AND 5, (OR ANY OTHER LOTS TO BE DESIGNATED THAT FRONT/CROSS, OR ENCROACH ON THIS EASEMENT) OF THE LINDENMEIER ESTATES P.U.D. AGREE NOT CONSTRUCT ANY IMPROVEMENT WITHIN THE EASEMENT LINES, UNLESS SPECIFIC UNRESTRICTED ACCESS IS PROVIDED TO LINDENWOOD. TIES IS TO INCLUDE ANY LANDSCAPING AND/OR PLANTINGS THAT WOULD IMPEDE FREE AND CLEAR ACCESS WITHIN SAID EASEMENT. LINDENWOOD AGREES TO MAKE EVERY REASONABLE EFFORT TO NOTIFY PROPERTY OWNERS OF LOTS 2, 3, 4, & 5, (OR SUBSEQUENT DESIGNATIONS) 24 HOURS PRIOR TO ENTERING THEIR PROPERTY. THIS AGREEMENT SHALL "RUN WITH THE LAND" AND SHALL SURVIVE ANY TRANSFER OF OWNERSHIP OF THE AFOREMENTIONED PROPERTIES. IT IS THE INTENTION OF THE PARTIES TO THIS AGREEMENT TO BE MUTUALLY RESPECTFUL OF EACH OTHER'S IMPROVEMENTS, AND THE NEED FOR ACCESS AND MAINTENANCE, AND TO COOPERATE IN THEIR MUTUAL ENDEAVORS AND INTERESTS. LINDENWOOD HOMEOWNER'S ASSOCIATION BEHALF OF THE BOARD GREG C. DEITCHLER, PRESDIENT ) A W. R, MANAGER JR ENGINEERING LEGAL DESCRPTION EASEMENT FOR TRRTGATION NO J•R ENGINEERING a q.dlldlan, 01 Vdlarm A 25.00 FOOT WIDE EASEMENT FOR IRRIGATION PURPOSES OVER AND ACROSS A PORTION OF THE SOUTHEAST ONE -QUARTER OF SECTION 36, 'I'OWNSIiIP 8 NORTH, RANGL v9' 17"T—ST OF THE 6TH PRINCIPAL MERIDIAN, CITY OFFORT COLLINS, COUiv"PY OF LARIiMEM, STATE OF COLOR ADO, T2F.TNG 10.00 FEET ON THE SOUTiTwiEST 51TJE A vu 15.00 FEET O'.: IM'7OR3T AST cmE OF 1TTF FOLLOWING DESCRB3ED CENTERLu E: BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 36, TOWNSHIP 8 NORTH RANGE NGE 69 WEST OF THE SD(TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE EAST ONE -QUARTER CORNER BY A 3" ALUMINUM CAP STAMPED "LS 20123" IN A RANGE BOX AND AT Trill SOUTHEAST CORNER BY 3" ALUMINUM CAP STAMPED "IS 20123" IN A RANGE BOX IS ASSUMED TO BEAR S00006'00"W, WITH A DISTANCE OF 2642.91 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE N89047'19"W, ON THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 36, A DISTANCE OF 308.10 FEET -- gym....- ..r.rn111R w�*wmr nwm TO T[AF POINT OF BEGINNING; 'IU'I'I1E CEN1ERLIPIE OF AN EArJ tuvu MRiGA ON a.,.a-,,...,.L AND _ OIN THENCE ALONG THE CENTERLINE OF SAID IRRIGATION CHANNEL THE FOLLOWING SIX (6) 1. N69012'16"W A DISTANCE OF 115A0 FFF.T; 2. N74029'74"W A DISTANCE OF 48.85 FEET: 3. N56056'44"W A DISTANCE OF 53.19 FEET; 4. N44054'28"W A DISTANCE OF 55.43 FEET; 5. N24019'37"W A DISTANCE OF 84.95 FEET; 6. N44039'I8"W A DISTANCE OF 66.95 FEET, TO THE SOUTHEASTERLY LINE OF THAT CERTAIN TRACT nECOR S n r m THE POINT OF F LAND RECOIiIJED AS R.ECErIiuN iSO. 94028987, i,i+R;ivictc COuiv: i ..,:.,.,,.,,�, „w.., TERMBVUS. THE SIDELINES OF SAID 25.00 FOOT WIDE EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE SOUM r_rnTF_ OF THE SO11 RAST ONF..OUARTER OF SAID SECTION 36 TO THE SOUTH AND SAID SOU i FHFA STFRLY LINE. OF SAID RECEPTION NO. 94028987 TO THE NORTHEAST. CONTAINING A CALCULATED AREA OF 0.247 ACRES (10742 SQUARE FEET). I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLOR Ann DO lERERY STATE THAT THE. ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED 4�,�SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION. A0_ RRECT. FOP. AND ON c fXofINEvRTNG.t.i.C. THIS LEGAL DESCRIPHON DOES NOT CONSTITUTE A TME SEARCH BY JR ENGINEERING TO DEMWINE OR7YERSHIP OF THIS TRACT OR VERIFY EA SEMENTS OF RECORD JR ENGMEERMG AND THE SUN VAYUR OF to CORD ASSliniES NO RESPG.'."x'uID7Y FAR OWNERSHIP RIGHTS OR EX,STMG EASEAMW—" GHiu'AAD RECOMMENDS COATI! TAITON Wrril AA' AT7ORNRY. 2620 East 14osp=Road, Suite 190, Fort C41ioa, CO 90525 X:13900000"alIU9090001ESMT-FXHB7�9090ESMT-EXMTI-REV.doe M491-9888 • Fu: 970491-9984 • w Jrenpneaing.wrn 1m -lu gut HU84 dR ENGINEERING �I im goKiQ n T O / /\\ O;Na_f'� pymmZ CZ OR I �Sv '"mm b mn�Q4mm_ I ['1 .0 p / m W '=� IZ QT ��DZD 25 Q"ni� Nv/ yO V AfZn i• tDA� Iv B�pcfn co z ZD ol�JJ /j -ps_ A /G�/�GbY ./� p~ OZ mLIN OO Pp w. j W y// z y561.N' 0 771 \ O �Z% ISny g/I a /ll y /IF/ Z 00~C OZppQ[I Om lmAA Z � Fin rn� � iKOm tivpiy rm gi> -�Zun my m Oppp, on tin z�� O >mv ca Op>m= rrm ;ZZ I" >VIE,� o 0o V�1inr yarm ZONn�Z ONjti o_ p O y I N � m mco co\4{y _� Z > JnnA OCu J / \ I�i�, di 0 if! liit it 6� f 2638.55' _ \ � 4 g �q Y mpi�cv�i v <mZ ZO o m � O