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Home My WebLink About20110817.tiff DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 Petitioner: A COURT USE ONLY LEFT HAND WATER DISTRICT, a quasi-municipal corporation of the State of Colorado, Case Number: 2011 CV 286 v Division: 4 Respondents: SWINK FAMILY FARMS, LLP; ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, as Trustees of the Swink Family Trust created under the Will of Walter A .Swink dated March 15, 1974; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; VESSELS OIL & GAS COMPANY and JOHN R. LEFEBVRE, JR. acting in his official capacity as TREASURER OF WELD COUNTY, COLORADO. John R. Sperber, #22073 FAEGRE & BENSON LLP 1700 Lincoln Street, #3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 Attorneys for Petitioner SUMMONS `' THE PEOPLE OF THE STATE OF COLORADO: To the above-named Respondents, GREETINGS: You are hereby summoned and required to file with the clerk of this Court an answer or other response to the attached Petition in Condemnation. If service of the Summons and the Petition Gb 00.6D rivrAU IQOX‘orU ( A TR 3 - -38-// "t . 69.6-7( 2011-0817 in Condemnation was made upon you within the State of Colorado, you are required to file your answer or other response within 20 days after such service upon you. If service of the Summons and Petition was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. This is an action in eminent domain, as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof. Also being served with this Summons are a Civil Cover Sheet,and a Notice of Lis Pendens. You are hereby notified that this is a special statutory proceeding brought pursuant to C.R.S. § 38-1-101, et seq. This Summons is being issued pursuant to C.R.S. § 38-1-103. Any objections concerning the legal sufficiency of the Petition in Condemnation or the regularity of this proceeding must be raised by you as provided by C.R.S. § 38-1-109. Should Petitioner pursue this matter further, a valuation trial will be scheduled. If you fail to appear and defend at said valuation trial, the Court, without further notice, shall cause the compensation to be determined and title vested in the Petitioner according to law, C.R.S. § 38-1- 103. If this Summons does not contain the docket number of the civil action, then the Petition in Condemnation may not now be on file with the Clerk of this Court. The Petition in Condemnation must be filed within 10 days after the Summons is served, or the Court will be without jurisdiction to proceed further and the action will be deemed dismissed without prejudice and without further notice. Information from the Court concerning this civil action may not be available until after 10 days after the Summons is served. DATED this 17th day of March, 2011. FAEG' ' : BED : SN LLP By: /s/ .4''1. Sp rber tom: s .r Petitioner Left Hand Water District In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. @us 6516948 01 • DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Court Address: Weld County District Court 901 - 9`h Avenue Greeley, Colorado 80631 Petitioner: A COURT USE ONLY A LEFT HAND WATER DISTRICT, a quasi-municipal corporation of the State of Colorado, Case Number: 2011 CV 286 v. Division: 4 Respondents: SWINK FAMILY FARMS, LLP; ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, as Trustees of the Swink Family Trust created under the Will of Walter A .Swink dated March 15, 1974; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; VESSELS OIL & GAS COMPANY and JOHN R. LEFEBVRE, JR. acting in his official capacity as TREASURER OF WELD COUNTY, COLORADO. John R. Sperber, #22073 FAEGRE & BENSON LLP 1700 Lincoln Street, #3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 Attorneys for Petitioner PETITION IN CONDEMNATION COMES NOW the Petitioner, the Left Hand Water District ("the District"), by and through its attorneys, and alleges as follows: 1. The District is a quasi-municipal corporation of the State of Colorado and is a water district formed and operated pursuant to Title 32 of the Colorado Revised Statutes. 2. The District is vested with the power of eminent domain and dominant eminent domain pursuant to C.R.S. § 32-1-1006 (1)(f) and other relevant law. The District has the legal authority to acquire properties within and without the District's boundaries, including the subject property. 3. This proceeding is brought pursuant to the provisions of C.R.S. § 38-1-101, et seq., as amended. 4. The District has determined pursuant to a resolution of its Board that there is a public need and necessity to acquire a fee simple interest in the property described and depicted in Exhibit 1 for the purpose of constructing a water storage tank site and related facilities. 5. The District has also determined that there is a public need and necessity to acquire the property interests described and depicted in the easement, property description and land plat attached hereto as Exhibit 2 for the purpose of a permanent non-exclusive easement for the installation of treated water lines to feed into and out of the take site. 6. The property interests sought by Petitioner which are described in Exhibits 1 and 2, will collectively be referred to herein as "the Property." The purposes and uses for which the Property is being acquired will collectively be referred to herein as "the Project." 7. Pursuant to C.R.S. § 38-1-102, this Court has jurisdiction over this proceeding. Venue is also proper in this Court because the Property is located in Weld County. 8. Through this action, the District does not seek to obtain any water rights or rights to use water, either decreed or undecreed, permitted or unpermitted, tributary, non- tributary or not non-tributary, designated or undesignated that is owned or claimed by Respondents or in any way associated with the Property. The District disclaims any interest in any water rights or rights to use water owned by the Respondents or in any uses of water associated with the Property. Nonetheless, the District's disclaimer of water rights and right to use water shall not be construed as permission by the Respondents or any others to locate or perpetuate surface facilities incident to water rights or the rights to use water that are not already existing and that would interfere with the District's use of the Property for the Project. 2 9. Through this action, the District does not seek to obtain any right, title or interest to any vein, ledge, lode, deposit, oil, natural gas, or other mineral resource that is owned or claimed by Respondents or in any way associated with the Property. The District disclaims any interest in any such mineral resources. Nonetheless, the District's disclaimer shall not be construed as permission by the Respondents or any others to locate or perpetuate surface facilities or other appurtenances incident to the mineral resources or the rights to develop mineral resources that are not already existing and that would interfere with the District's use of the Property for the Project, nor shall it be construed as permission by the Respondents or any others to exercise any rights associated with such mineral resources that would interfere with subsurface support required for the District's use of the Property for the Project. 10. The Property is purportedly owned of record by Respondents Swink Family Farms LLLP; and by Esther Swink, Sylvia Rosalee Sauer and Alvin Walter Swink, as trustees of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 (the "Respondent-Owners"). 11. The Board of County Commissioner of Weld County, State of Colorado, is named herein as it may claim an interest in the Property pursuant to a right of way for country roads 30 feet wide on either side of section and township lines as established in an instrument recorded October 14, 1889, in Book 86 at Page 273, and an Agreement recorded January 9, 1996 in Book 1526 at Reception No. 2471037 in the Clerk and Recorder's Office of Weld County. The District intends to acquire the Property subject to such interests. 12. Vessels Oil & Gas Company, is named herein as it may claim an interest in the Property pursuant to a Right of Way Agreement recorded December 1, 1986, in Book 1137 at Reception No. 2078820 and a Right of Way Agreement recorded December 1, 1986, in Book 1137 at Reception No. 2078821 in the Clerk and Recorder's Office of Weld County. 13. John R. Lefebvre, Jr., as Treasurer of Weld County, is joined as a Respondent pursuant to C.R.S. § 39-3-134. 14. The District is informed and believes that this action does not affect the property or interests of any person under a guardianship or conservatorship. 15. Insofar as it is known by the District, there are no other persons or entities with an interest of record in the property purportedly owned by the Respondent-Owners which will be affected by the Property to be acquired by the District. 16. The District has negotiated in good faith with the relevant parties for the purchase of the Property, but the compensation to be paid for the Property cannot be agreed upon. Further negotiations would be futile under the circumstances. 3 17. Respondents have a duty to mitigate their damages, if any, arising by reason of this acquisition. Any damages resulting from a failure to take such reasonable steps cannot be recovered. WHEREFORE, the District prays as follows: 1. That Respondents be required to affirmatively state any claim or interest they may assert in the Property, including any claim of ownership, and the names and addresses of any other interested persons or entities and the nature of those interests; 2. That the District have judgment condemning the Property for the public uses set forth herein upon the payment of just compensation to Respondents or other parties in interest as provided by law, and that the Court issue a Rule and Order conveying the Property to the District; 3. For such other and further relief as this Court may deem proper. Respectfully submitted this 17th day of March, 2011. FAEG' r & N • LP By: /s/Jo'*' . .perb r ttomeys • 'etitioner Left Hand Water District In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. Petitioner's Address: Left Hand Water District P.O. Box 210 Niwot, Colorado 80544-0210 Po.us.6332898 03 4 • • WELD COUNTY ROAD N0. 8 NE COR SEC. 21 T114, RBBW, 6TH P.M. m i FOUND 2"ALUMINUM CM LS. #14083 OP II 1 II r-3.0• NE1/4 SEC. 21 I 71N, R68W, 6TH P.M. -WLY R/W LINE REC. #2471037 & I I REC. #2502152 (S1:11 II I `EAST LINE NE1/4 SEC. 21 / I /BASIS OF BEARING I I K W W p POINT OF tEdN Iii f BEGINNING -I w b N89'30'19-E 530.00' b ONO 1=-O O O KO2 4p I Oaln0 , z O--1W . 1� Z Uj h- -.-I r30' 0 a Y rc z PARCEL 1, o cc z o_z I-w 8.27 ACRES± JInzw I W Z IX l 3 1 _ �Wfrl Y 7 0 <GECa N , C411- 0 W F F O p 0 -I z33 Z I m Ui < 589'30'19*W 530.00' L. Z 4 a5 1=Q Z O y�'j W¢0¢ WLY R/W L27 BR 86, PC 273 NE F ! I I' , Fi NE1/4 CDR. SEC. 21 -; w TON, RSBW, 6TH P.M. I FOUND 2' ALUMINUM - - SOUTH LINE NETL4 SEC. 21 _ - _ — I CAP LS. #25937 1.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. 2)ACCORDING TO COLORADO LAW. YOU MUST COMMENCE MY I FRA1 ACTION BASED UPON MY DEFECT IN THIS SURVEY WHIN THREE YEARS AFTER YOU FRST DISCOVER SUQI DETECT. IN NO EVENT NAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER 11E DATE OF THE CERTIFlCA11ON SHOWN HEREON. 34 THE ONLY PURPOSE OF THIS E1044311 IS 10 SHOW THE LOCADON OF THE EASEMENT(5). 44 THIS EXHIBIT SHALL BE CONSIDERED NULL AND VQD IF R DOES NOT BEAR 1NE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED N ANY WAC Jett J.L at RI6S6Ponml E4404c nation Sive/&Naming hc � 0PJ Diary 1 OF2 PARCEL w to _ ` 6m/tom 061• mph DESCRIPTION -,-;5. 1{4 ' ''I: 2 ➢X vh. "�r� »;;F�p1.. A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LANDS DESCRIBED AT RECEPTION NUMBER 02063290, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 21, ASSUMED TO BEAR 500'29'41'E A DISTANCE OF 2644.51 FEET, FROM A ?ALUMINUM CAP L.S. #14083 FOUND AT THE NORTHEAST CORNER OF SAID SECTION 21, TO A ?ALUMINUM CAP L.S. #25937 FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 21: BEGINNING AT A POINT ON SAID EAST UNE OF THE NORTHEAST QUARTER OF SECTION 21, SAID POINT BEARS SO0'29'41'E A DISTANCE OF 1280.26 FEET FROM SAID NORTHEAST CORNER OF SECTION 21; THENCE CONTINUING 500'29'41'E ALONG SAID EAST LINE, A DISTANCE OF 680.00 FEET; THENCE 589'30'19'W A DISTANCE OF 530.00 FEET; THENCE NOO'29'41'W A DISTANCE OF 680.00 FEET; THENCE N89'30'19'E A DISTANCE OF 530.00 FEET TO SAID EAST UNE AND THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 21 BEARS SOO'29'41'E ALONG SAID EAST ONE, A DISTANCE OF 1364.25 FEET; SAID PARCEL CONTAINS 8.27 ACRES OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. CHRISTOPHER P. JULIANA, P.L.S. 31158 DATE FOR AND ON BEHALF OF PRECISION SURVEY & MAPPING, INC. / en af66:R?656-PaM CN.OR6 Plaftim Snvey 8 Maw*Inc „: �.P�. Me 9 OF 4 PARCEL noae0w L SA Rs�..re IOW6)76/10 JW6 87656 DESCRIPTION 106 m-fe1 ispal m-4044 sop; ,•_250' NON-EXCLUSIVE EASEMENT AGREEMENT THIS AGREEMENT is made this day of 20 ,between Swink Family Farms LLLP,a Colorado limited liability partnership, f/k/a Swink Family Farms, Ltd. and Esther Swink,Sylvia Rosalee Sauer and Alvin Walter Swink, as trustees of the Swink Family Trust created under the will of Walter A.Swink dated March 15, 1974-(individually or collectively referred to as "Grantor"),and LEFT HAND WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado(the"District"),whose legal address is 6800 Nimbus Road, Longmont, Colorado 80503. FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the District,its successors and assigns,a permanent non-exclusive right("Easement")to occupy and use the property located in the Northeast Quarter of Section 21,Township 1 North, Range 68 West of the 6`s P.M. County of Weld, State of Colorado,and more fully described as Parcels A and B on Exhibit A attached and incorporated herein by reference(the"Property"),to construct, lay,install,inspect,monitor,maintain,repair,renew,substitute,change the size of, replace,remove, operate and use one or more underground water pipelines, and all underground and surface appurtenances and facilities thereto,of such size and capacity as necessary or required by the District, in,through,over and across the Property. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The District shall have and may exercise the right of ingress and egress in,over, through and across the Property for any purpose needed for the full enjoyment of any other right of occupancy or use provided for herein. 2. Grantor shall neither cause nor permit the parking or storage of goods or equipment, or the construction or placement of any structure or building,street light,power pole,yard light, or the planting of any tree,woody plant or nursery stock, of any kind,within any part of the Easement. Where paved roadways are installed on all or any part of the surface of the Easement they shall be installed and maintained by Grantor on and over the entire width thereof,with no planters, islands or median structures.Any prohibited use or installation located on the Easement as of or after the date of this Agreement, including installations not conforming to Paragraph 7 hereof,may be removed by the District without liability to it for damages arising therefrom. 3. Fences existing as of the date hereof which are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their original condition as nearly as may reasonably be done. Grantor shall not,however,construct or install new fencing across or within the Easement without the advance written consent of the District; such consent shall not be unreasonably withheld. 4. All water pipelines installed within the Easement shall be laid not less than four feet below the surface of the adjacent ground. R a � z 5. The District shall have and may exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full,complete and unmolested enjoyment of the rights herein granted. Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for any water pipelines or appurtenances. Grantor shall not modify the earth cover over a District pipeline without advance written authorization from the District,which shall provide for full payment or reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. 6. After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground, including paving and authorized appurtenances,as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate District facilities. Topsoil shall be replaced in cultivated and agricultural areas,and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of one year following disturbance of the surface of the Property by the District,the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. Seeding or sod replacement will be completed by the District as soon as is practical after completion of the installation and grading. 7. Service lines from adjacent properties receiving service from District facilities in the Easement,and other public water utilities such as water,storm, sewer,gas,electric,telephone, data transmission, communication,and cable television lines may be installed in the Easement,provided that they do not interfere with the District's rights herein granted. Utilities which parallel the District's facilities shall not be located closer than 15 feet thereto. Additional uses listed above,not related to the Left Hand Water District in providing water service,would be at the sole discretion of the Owner. 8. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with and do not impair any grant or covenant herein contained. 9. If the District, by written instrument,releases its rights herein granted and ceases to use the same,all right,title and interest of the District hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property,as the same may then be,free from the rights so released and shall own all material and structures of the District so released,but nothing herein shall be construed as working a forfeiture of abandonment of any interest derived hereunder and not owned by the District at the time of the termination of the District's rights. 10. Granting of this easement is subject to general taxes for the year this instrument is recorded,and subject further to easements, encumbrances,exceptions,limitations,restrictions and reservations contained in instruments of record prior to the date this Agreement is recorded. 11. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives,heirs,executors, administrators,successors and assigns of the parties hereto. 12. This writing constitutes the whole agreement between the parties and no additional or different oral representation,promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the day and year first above written. GRANTOR(S): Swink Family Farms LLLP, a Colorado limited liability partnership,f/k/a Swink Family Farms,Ltd. wink Family Farms,Ltd; n/k/a By: Name: Title; Date: , 2010 The Swink Family Trust created under the will of Walter A.Swink dated March 15, 1974 By: Bv: Name: Name: Title: Title: Date: ,2010 Date: ,2010 By: Name: Title: Date: ,2010 STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as the of Swink Family Farms, LLLP,a Colorado LLLP this day of ,20 . My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 ,this day of ,211 My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) • )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by ,as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 ,this day of ,20 Mycommission expires: Witness my hand and official seal. Notary Public STATE Of COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 ,this day of 20 My commission expires: Witness my hand and official seal. Notary Public LEFT HAND WATER DISTRICT : By Kathryn A. Peterson, Manager STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as of Left Hand Water District, this day of ,20 . My commission expires: Witness my hand and official seal. Notary Public n v) WELD COUNTY ROAD NO, 8=f- EXHIBIT A NE OR. SEC. 21 ))T TIN, R68W, 6TH P.M. _- / S44'34'30"W-__�' CAP N1.5, #144083UN SIX R/W LINE---1 31 Li 1w PARCEL "A" POINT OF o., BEGINNING NE1/4 SEC. 21 Ti N, R68W, 8TH P.M. Li r-30' I PARCEL "A" I WV( R/W LINE AREA@62,863 SOFT. ₹ I OWNER: co SWINK FAMILY FARMS LTD., A COLORADO LIMITED '-' `ry'1I EAST UNE NEARI SEC. 21 PARTNERSHIP AND ESTHER SWINK, SE ROSALLES SAUER V /BASIS OF BEARING AND ALVIN WALTER SWINK, TRUSTEES OF THE SWINK Ir FAMILY TRUST-REC. NO. 02063290 N n J I I-- 5 LINE TABLE 'I z 0 LINE BEARING DISTANCE 4.5 I tx L1 S09'41"E 758.81' I 0'2 L2 S12'1D'25"W 201.88' U L3 SOO-28'40"E 94.55' S0154'OS'E--.� I I L4 508'29'24"E 201.97' 1380.21171E)1380.21171E) _�-., 15 589'30'19"W 50.49' I L6 N08'29'24"W 198.45' I WI? R/W UNE L7 NO0'28'40"W 103.59' - 3o' Ll , 18 N1210'25"E 201.87' PARCEL "B" ' 19 N00'29'41"W 753.38' ARFAs9'654 SR'rr' ₹ N o L10 N89'38'40"E 50.00' =+ L11 $59'30'19"W 50.00' L11 I 112 N00'29'41"W 193.08' q I PARCEL "B" 113 N89'30'19"E 50.00' POINT OF h 114 SOO'29'41"E 193.08' BEGINNING I;fr W N0336.23'W-- �'FR' 49209111E) 'db E1/4 CDR. SEC. 21 t" T1N. ROBW, 8TH P.M. _ _ _� SOUTH LINE NE1�4 SEC. 21 — — _ FOUND 2" ALUMINUM CAP L.5. /ALUMI t)PARCEL OWNERSHIP IS BASED CAI NNE RECORDS OF THE CUNTY ASSESSOR, 2)ACCORDING TO COLORADO LBW, YOU MIST COMMENCE MY LEGAL ACTION BASED UPON MY DEFECT IN THIS SURVEY UMW THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY ANY AC71ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YENS AFTER 1TE DATE OF THE CERTIFICATION SHOWN HEREON. 3F THE ONLY PURPOSE OF 7165 EXHIBIT IS TO SHOW THE LOCATION Of THE EASEMENT(S). S. 4J Ti3 EXtion SHALL BE CONSIDERED NULL MD VOID IF IT DOES NOT BEAR 7HE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAW SURVETER OR IF ALTERED IN MY WAY. C 6 SI FlL Cai 6 . P •HR 08- 61E .. ion WATERLINE `� ItM ; E�+cmym e/14/ID I,py A 87656 mow hum W,"5R E *- 10 EASEMENT • TWO OF THE NORTHEAST R TOWNSHIP HI 1�NORTH,RANGE 68 WEg OF THE SIXTH PRINCPALOMERIDIAN,SECTION COUNTY OF WELD, STATE 'OF COLORADO, ALSO BEING A PORTION OF LANDS DESCRIBED A7 RECEPTION NUMBER 02063290, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING FOR THESE DESCRIPTIONS IS ALONG THE EAST UNE OF SAID NORTHEAST QUARTER OF SECTION 21. ASSUMED TO BEAR S00'29'41'E A DISTANCE OF 2644.51 FEET, FROM A 2'ALUMINUM CAP L.S. #14083 FOUND AT THE NORTHEAST CORNER OF SAID SECTION 21. TO A 2'ALUMINUM CAP LS. #25937 FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 21; PARCEL "A": BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7, SAID POINT BEARS 544'34'30'W A DISTANCE OF 42.37 FEET FROM SAID NORTHEAST CORNER OF SECTION 21; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1.) S00'29'41'E A DISTANCE OF 758.81 FEET; 2.) THENCE S12'10'25'W A DISTANCE OF 201.88 FEET; 3.) THENCE 500'28'4('E A DISTANCE OF 94.55 FEET; 4.) THENCE SOW2924t A DISTANCE OF 201.97 FEET; THOFENCE DEPARTING 50.49 FEET; THENCEMNO8ID 2924''WEAL DISTANCE OF RIGHT-OF-WAY UNEFEE; THENCE NOO'28 589'30'19'W A 1440'W A DISTANCE OF 103.59 FEET; THENCE N12'10'25'E A DISTANCE OF 201.87 FEET; THENCE NO0'29'41'W A DISTANCE OF 753.38 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE N89'38'40'E ALONG SAID SOUTHERLY RIGHT-OF-WAY 'LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 21 BEARS 501'09'07'E A DISTANCE OF 2614.75 FEET; SAID PARCEL CONTAINS 62,863 SQUARE FEET OF LAND, MORE OR LESS. PARCEL "B": BEGINNING AT A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO, 7, SAID POINT BEARS NO3'59'23'W A DISTANCE OF 492.09 FEET FROM SAID EAST QUARTER CORNER OF SECTION 21; • THENCE S59'30'19'W A DISTANCE OF 50,00 FEET; THENCE NOO'29'41'W A DISTANCE OF 193.08 FEET; THENCE N89'30'19'E A DISTANCE OF 50.00 FEET TO SAID WESTERLY RIGHT-OF-WAY UNE; THENCE 500'29'41'E ALONG SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 193.08 FEET TO THE POINT OF BEGINNING; WHENCE SAID NORTHEAST CORNER OF SECTION 21 BEARS NOO'18'13'E A DISTANCE OF 2153.55 FEET; SAID PARCEL CONTAINS 9,654 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. iLA:d, Al ....ix CHRISTOPH �{ric.C 31158 b E FOR AND 0'.{. �i11+ ?;:.ION SURVEY & MAPPING, INC. I Wed1w1511RRq B tea re -AL ,ti Ohl °" °' l, 8OF2 I WATERLINE 1119[►Y,Ii kb a 4..at m Ma V1U10 a/, nsu • 1� 1.4110 EASEMENT DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 Petitioner: A COURT USE ONLY LEFT HAND WATER DISTRICT, a quasi-municipal corporation of the State of Colorado, Case Number: 2011 CV 286 v. Division: 4 Respondents: SWINK FAMILY FARMS, LLP; ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, as Trustees of the Swink Family Trust created under the Will of Walter A .Swink dated March 15, 1974; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; VESSELS OIL & GAS COMPANY and JOHN R. LEFEBVRE, JR. acting in his official capacity as TREASURER OF WELD COUNTY, COLORADO. John R. Sperber, #22073 FAEGRE& BENSON LLP 1700 Lincoln Street, #3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 Attorneys for Petitioner NOTICE OF LIS PENDENS PLEASE TAKE NOTICE that Petitioner has commenced the above-referenced action in the District Court of Weld County, State of Colorado,against the named Respondents. The action is a condemnation proceeding which affects real property in which the Respondents may have an interest in the County of Weld, State of Colorado, said lands and • appurtenances affected thereby being more particularly described in Exhibits 1 and 2 which are attached hereto and made a part hereof. DATED this 17T11 day of March, 2011. FAEG' . : :E .ON LLP By: /s/ p:Aer Atto y. fa Petitioner Le an Water District In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. lb.us.6517073 01 • WELD COUNTY ROAD Na 8----- :-..---------, ----------'-"----� -171 COR. SEC. 21 TiN, R68W. 6TH P.M. (FOUND 2" ALUMINUM r c I CAP L.S. #14083 $I�o �V.1 N , , ! 1 --+' r--30' NE1/4 SEC. 21 TIN, R66W, 6TH P.M. -W'LY R/W LINE RE C. #2471037 &I1 REC. #2502152 i H EAST LINE NE1/4 SEC. 21 I /BASIS OF BEARING 1 Cr W1 1J O Y 1 g1 POINT DE w81 BEGINNING LJ N -I D IJ b N8930'19-E 530.00' b a=O 0 P o ml'h Qm m 0 O o wp Z CC Y a z PARCEL 0 w :z F- 8.27 ACRESi zc lea La Z Mw N :47I ZIF'd 0 IX z D 7) I 0) 0 W F r o b p � lZ� z CO t.... z< < 589'30'19"W 530.00'I Yr_ Z N N2 Z •,nom—WLY R/W LINE )-Q 1 BK 86. PG 273 I % . C F8 E1/4 COR. SEC. 21 v, TIN, R68W. 6TH P.M. i FOUND 2' ALUMINUM SOUTH UNE NEIL4 SEC. 21 _ _ I CAP LS. X25937 1.)PARCEL OWNLRSHIP IS BASED ON THE RECORDS or THE COUNTY ASSESSOR. 2-)ACCORDING TO COLORADO LAW. YOU MUST CCu21ENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1A1 IN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT RI THIS SURVEY BE CONMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. 3.) THE ONLY PURPOSE OF THIS EIw181T IS 113 SNOW THE LOCATION OF THE EASEMENT(S). 4.) THIS DQ'881T SHALL HE CONSIDERED NOLL AND VEND IF IT DOES NOT BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY. ra� �8�a �a1[tY.!fD J.L. swim, Ii18541 OF E#�.0�•'G •"•`1 cPN a.� , or 2 PARCELAmEncicapan sy nsoi/iMw>Zsi.>aU.rmamt . r'V7- 6jal1/TO P7 4 -7—..,..21,—,47i 7I-'t9.f j'Y mom s.gq '°a'` DESCRIPTION _ kik-, d r♦;} 4 017i)dl/� 7SL�01a .r; '.f'f .S`"1•,`',Y Y:yS A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LANDS DESCRIBED AT RECEPTION NUMBER 02063290, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 21, ASSUMED TO BEAR SOO.29'41'E A DISTANCE OF 2644.51 FEET, FROM A 2'ALUMINUM CAP L.S. #14083 FOUND AT THE NORTHEAST CORNER OF SAID SECTION 21, TO A 2'ALUM!NUM CAP L.S. #25937 FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 21; BEGINNING AT A POINT ON SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 21, SAID POINT BEARS SOO'29'41"E A DISTANCE OF 1280.26 FEET FROM SAID NORTHEAST CORNER OF SECTION 21; THENCE CONTINUING SO0'29'41'E ALONG SAID EAST LINE, A DISTANCE OF 680-00 FEET; THENCE S89'30'19"W A DISTANCE OF 530.00 FEET; THENCE N00'29'41'W A DISTANCE OF 680.00 FEET; THENCE N89'30'19'E A DISTANCE OF 530.00 FEET TO SAID EAST UNE AND THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 21 BEARS 500'29'41'E ALONG SAID EAST LINE, A DISTANCE OF 1364.25 FEET; SAID PARCEL CONTAINS 8.27 ACRES OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. CHRISTOPHER P. JULIANA, P.L.S. 31158 DATE FOR AND ON BEHALF OF PRECISION SURVEY & MAPPING, NO. , j Ke.Ol St:4.k -- F1-£:r(76.56-G56-Pm-olNaito Survey 8 a" Inc C aJ s,4, 2 or 2 PARCEL c,o 1 w.14.71r ft%W W wu g/28/10JOBd R765 DESCRIPTION 10,13)733-18)F (L 7A- " ,- -255 - • NON-EXCLUSIVE EASEMENT AGREEMENT THIS AGREEMENT is made this day of 20 ,between Swink Family Farms Lap,a Colorado limited liability partnership, f/k/a Swink Family Farms, Ltd. and Esther Swink,Sylvia Rosalee Sauer and Alvin Walter Swink,as trustees of the Swink Family Trust created under the will of Walter A.Swink dated March 15, 1974-(individually or collectively referred to as "Grantor"),and LEFT HAND WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado(the"District"),whose legal address is 6800 Nimbus Road, Longmont, Colorado 80503. FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the District,its successors and assigns,a permanent non-exclusive right("Easement")to occupy and use the property located in the Northeast Quarter of Section 21, Township I North, Range 68 West of the 6's P.M. County of Weld, State of Colorado,and more fully described as Parcels A and B on Exhibit A attached and incorporated herein by reference(the"Property"),to construct, lay,install,inspect,monitor,maintain,repair,renew, substitute,change the size of, replace, remove,operate and use one or more underground water pipelines,and all underground and surface appurtenances and facilities thereto,of such size and capacity as necessary or required by the District,in,through,over and across the Property. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The District shall have and may exercise the right of ingress and egress in,over,through and across the Property for any purpose needed for the full enjoyment of any other right of occupancy or use provided for herein. 2. Grantor shall neither cause nor permit the parking or storage of goods or equipment, or the construction or placement of any structure or building, street light,power pole,yard light,or the planting of any tree,woody plant or nursery stock, of any kind,within any part of the Easement. Where paved roadways are installed on all or any part of the surface of the Easement they shall be installed and maintained by Grantor on and over the entire width thereof,with no planters, islands or median structures. Any prohibited use or installation located on the Easement as of or after the date of this Agreement,including installations not conforming to Paragraph 7 hereof,may be removed by the District without liability to it for damages arising therefrom. 3. Fences existing as of the date hereof which are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their original condition as nearly as may reasonably be done. Grantor shall not,however, construct or install new fencing across or within the Easement without the advance written consent of the District; such consent shall not be unreasonably withheld. 4. All water pipelines installed within the Easement shall be laid not less than four feet below the surface of the adjacent ground. g "s, tt� , q� K 3�v f'•V•1 11 Ap^ T,.Y[ g ^bf yi G(3i� • • • 5. The District shall have and may exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full,complete and unmolested enjoyment of the rights herein granted. Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for any water pipelines or appurtenances. Grantor shall not modify the earth cover over a District pipeline without advance written authorization from the District,which shall provide for full payment or reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. 6. After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground,including paving and authorized appurtenances,as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction,except as necessarily modified to accommodate District facilities. Topsoil shall be replaced in cultivated and agricultural areas,and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of one year following disturbance of the surface of the Property by the District,the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. Seeding or sod replacement will be completed by the District as soon as is practical after completion of the installation and grading. 7. Service lines from adjacent properties receiving service from District facilities in the Easement,and other public water utilities such as water,storm,sewer,gas,electric,telephone, data transmission, communication,and cable television lines may be installed in the Easement,provided that they do not interfere with the District's rights herein granted. Utilities which parallel the District's facilities shall not be located closer than 15 feet thereto. Additional uses listed above,not related to the Left Hand Water District in providing water service,would be at the sole discretion of the Owner. 8. Grantor retains the right to the undisturbed use and occupancy of the Property insofar as such use and occupancy are consistent with and do not impair any grant or covenant herein contained. 9. If the District, by written instrument,releases its rights herein granted and ceases to use the same,all right,title and interest of the District hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property,as the same may then be,free from the rights so released and shall own all material and structures of the District so released,but nothing herein shall be construed as working a forfeiture of abandonment of any interest derived hereunder and not owned by the District at the time of the termination of the District's rights. 10. Granting of this easement is subject to general taxes for the year this instrument is recorded, and subject further to easements,encumbrances,exceptions,limitations,restrictions and reservations contained in instruments of record prior to the date this Agreement is recorded. 11. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives,heirs,executors, administrators, successors and assigns of the parties hereto. 12. This writing constitutes the whole agreement between the parties and no additional or different oral representation,promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the day and year first above written. GRANTOR(S): Swink Family Farms LLLP,a Colorado limited liability partnership,f/k/a Swink Family Farms,Ltd. wink Family Farms,Ltd; n/k/a By: Name: Title: Date: ,2010 The Swink Family Trust created under the will of Walter A.Swink dated March 15,1974 By: By: Name: Name: Title: Title: Date: ,2010 Date: ,2010 By: Name: Title: Date: ,2010 STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as the of Swink Family Farms,LLLP,a Colorado LLLP this day of ,20 • My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by ,as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 , this day of ,20 . My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by ,as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 ,this day of 20 . My commission expires: Witness my hand and official seal. Notary Public STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me by ,as the of the Swink Family Trust created under the will of Walter A. Swink dated March 15, 1974 ,this day of ,20_ My commission expires: Witness my hand and official seal. Notary Public • LEFT HAND WATER DISTRICT : By Kathryn A. Peterson,Manager STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me by as of Left Hand Water District, this day of ,20_ My commission expires: Witness my hand and official seal. Notary Public • EXHIBIT "A" WE-------/--------r- COUNTY ROAD No, 8_f_ NE COR. SEC. 21 TIN, R68P, TIN P.M. 844'34'}0'W---�'I FOUND 2' ALUMINUM S'LY R/W LINE 42.J7(Tl ) n 'CAP L.5. 41 4083 LI 1�7_1Ih PARCEL "A" POINT OF / Q, BEGINNING NE1/4 SEC. 21 TIN, REBW, 5TH P.M. I PARCEL "A' I WELT R/w UNE ARF1�62,863 SQ.ft ± OWNER: I SWINK FAMILY FARMS LTD., A COLORADO LIMITED '�' EAST PARTNERSHIP AND ESTHER SWINK, SYLVIA ROSALLES SAUER /BASIS OF BEARING EC 21 AND ALVIN WALTER SWINK, TRUSTEES OF THE SWINK � FAMILY TRUST-REC. NO. 02063290 J n I I n a LINE TABLE Z 0 LINE BEARING DISTANCE $_5 I Ac a Li S00'29'41"E 758.81' L2 512'10'25"W 201.88' o O L3 S00'28'40"E 94.55' ' 0 SGt'54'Q5'E--- I 1 L4 508'29'24"E 201.97' 680.211110 -, 15 589'30'19"W 50.49' I 16 N08'29'24"W 198.45' wLY Ft/4Y .NE ' L7 NO0'28'40"W 103,59' T-? r--ao' L13 , i. L8 N12'1D'25"E 201.87' PARCEL '8` 554 L9 N00'29.41'W 753,38' AREA=g' SQ'FT' ± N L10 N 89'38'40"E 50.00' Ll L11 S89-30'19"W 50.00' L11 I L12 N00'29'41"W 193.08' I `ii I PARCEL "e" 113 N89'30'19"E 50.00' POINT OF BEGINNING 114 SOO'29'41"E 193.08' ' H i frw NUa79'2J'w----'� , h- .92.09•(AE) 1'N$ E1/4 OCR. SEC. 21 ~ _ V — �' 11N, R621Y, 6TH P,M. SOUTH UNE NE1j4 SEC. 21 FOUND Y ALUMINUM Il` CAP L.S 125937 1.)PARCEL OWNERSHP IS BASED ON THE RECORDS of THE COUNTY ASSESSOR Y.) ACCORDING TO COLARADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DETECT IN TN15 SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED NACRE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. 3 THE ONLY PURPOSE OF THIS EXHIBIT Is TO SHOW THE LOCATION OF THE EASEMENT(S). 4 THi5 EXHIBIT SHALL BE CONSAERED NULL AND VOID IF iT DOES NOT BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR Cf1 IF ALTERED IN ANY WAY. Ration 5IJWy 8 Mapping,;ft oaN.8,„ a.i r.c fZ444a or 71 WR I �� .� _ 3f�T: or x WATE R U N E - t.z Is as 1q I.%wlem MTF• s/I4/l0 0i k a>�,�e wan)) ° 0.4X03 71)-011 : 1• - Z5o• EASEMENT • • TWO PARCELS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF LANDS DESCRIBED AT RECEPTION NUMBER 02063290, FILED IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: OASIS OF BEARING FOR THESE DESCRIPTIONS IS ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 21, ASSUMED TO BEAR SOO-29'41'E A DISTANCE OF 2644.51 FEET, FROM A 2-ALUMINUM CAP LS. #14083 FOUND AT 7HE NORTHEAST CORNER OF SAID SECTION 21, TO A 2*ALUMINUM CAP LS. #25937 FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 21; PARCEL "A": BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7, SAID POINT BEARS S44'34'30'W A DISTANCE OF 42.37 FEET FROM SAID NORTHEAST CORNER OF SECTION 21; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES; 1.) S00'29'41'E A DISTANCE OF 758.81 FEET; 2.) THENCE 512'10'25'W A DISTANCE OF 201.88 FEET: 3.) THENCE SOO.28'40'E A DISTANCE OF 94.55 FEET; 4.) THENCE S08'29'24'E A DISTANCE OF 201.97 FEET; THENCE DEPARTING FROM SAID WESTERLY RIGHT-OF-WAY UNE, 589'30'19'W A DISTANCE OF 50.49 FEET; THENCE NO8'29'24'W A DISTANCE OF 198.45 FEET; THENCE NO0'28'40"W A DISTANCE OF 103.59 FEET; THENCE N12'10'25'E A DISTANCE OF 201.87 FEET; THENCE WOO-29'41W A DISTANCE OF 753.38 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE N89'38'40'E ALONG SAID SOUTHERLY RIGHT-OF-WAY 'LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; WHENCE SAID EAST QUARTER CORNER OF SECTION 21 BEARS S01'09'07'E A DISTANCE OF 2614.75 FEET; SAID PARCEL CONTAINS 02,863 SQUARE FEET OF LAND, MORE OR LESS. PARCEL "B": BEGINNING AT A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO, 7. SAID POINT BEARS NO3'59'23'W A DISTANCE OF 492.09 FEET FROM SAID EAST QUARTER CORNER OF SECTION 21; THENCE S89-30'19'W A DISTANCE OF 50.00 FEET; THENCE NOD-29'41'W A DISTANCE OF 193.08 FEET; THENCE N89'30'19'E A DISTANCE OF 50.00 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOO-29'41'E ALONG SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 193.08 FEET TO THE POINT OF BEGINNING; WHENCE SAID NORTHEAST CORNER OF SECTION 21 BEARS NOO18'13"E A DISTANCE OF 2153.55 FEET; SAID PARCEL CONTAINS 9,654 SQUARE FEET OF LAND, MORE OR LESS. I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO 1HE BEST OF MY KNOWLEDGE. CHRISTOPH1T;.r' >:- y, 31158 �l { DATE FOR AND 0'. 1` ?-t,.ION SURVEY do MAPPING, INC. I ' • taw 5T�IA1e'BM 1X M al, M ��Patti a if, G°j SECT =ot WATERLINE "tW It.LSn r 0 M v-nu +o.r '°"° EASEMENT 10,0la-Un fugal m.MI pun r-lBV DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Court Address: Weld County District Court 901 - 9th Avenue Greeley, Colorado 80631 Petitioner: A COURT USE ONLY LEFT HAND WATER DISTRICT, a quasi-municipal corporation of the State of Colorado, Case Number: 2011 CV 286 v Division: 4 Respondents: SWINK FAMILY FARMS, LLP; ESTHER SWINK, SYLVIA ROSALEE SAUER AND ALVIN WALTER SWINK, as Trustees of the Swink Family Trust created under the Will of Walter A .Swink dated March 15, 1974; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; VESSELS OIL & GAS COMPANY and JOHN R. LEFEBVRE, JR. acting in his official capacity as TREASURER OF WELD COUNTY, COLORADO. John R. Sperber, #22073 FAEGRE & BENSON LLP 1700 Lincoln Street, #3200 Denver, Colorado 80203 Telephone No: (303) 607-3500 Facsimile No. (303) 607-3600 Attorneys for Petitioner DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT • O Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of $100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceeding. O Simplified Procedure under C.R.C.P. 16.1, does not apply to this case because (check one box below identifying why 16.1 does not apply): © This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or ❑ This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs (see C.R.C.P. 16.1(c)), or ❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. This is an eminent domain proceeding brought pursuant to the procedures of C.R.S. § 38-1- 101 et seq. Eminent domain proceedings are expedited proceedings pursuant to C.R.S. § 38- 1-119. Respectfully submitted this 17th day of March, 2011. FAEGRE : : . SO$LP By /:/Jo pf'pe .e Att eys for Pe ' 'oner ft Hand Water District In accordance with C.R.C.P. 121 §1-26(9) a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the court upon request. tb us.6516997 01 Hello