HomeMy WebLinkAbout20052186.tiff RESOLUTION
RE: GRANT OF PERMANENT RIGHTS OF WAY AND EASEMENTS - FARMERS
RESERVOIR AND IRRIGATION COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Grant of Permanent Rights-of-Way and
Easements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Farmers
Reservoir and Irrigation Compnay,with terms and conditions being as stated in said easement,and
WHEREAS,after review,the Board deems it advisable to accept said grant,a copy of which
is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Grant of Permanent Rights-of-Way and Easements between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Farmers Reservoir and Irrigation Company be,
and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said grant.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�� WELD COUNTY, COLORADO 4O) �� -
" William H. rke, Chair
1861 ) J ,Irk to the Board
rA
W '41� , _4 , �
4 - ` Meile, Pro-Tem
J.
Clerk to the Board c J.—To.,A o�
D id E.. Long n D AS �
jRobert D. Masden
ounty Attorney
A
_ Glenn Vaa
Date of signature: �,'
2005-2186
EG0052
Cr . /1.-3 (I e-n -) OB-ca3-OS
MEMORANDUM
TO: Clerk to the Board DATE: July 27, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Grant of Permanent Rights Of Way and Easements with the Farmers Reservoir& Irrigation
Company.
Attached are two original easements documents. Please return one original to Public Works upon
execution as soon as possible.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2005-2186
GRANT OF PERMANENT RIGHTS OF WAY AND EASEMENTS
THESE RIGHTS-OF-WAY AND EASEMENTS made and entered into this
3rd day of March, A. D 2005 by and between The Farmers Reservoir
& Irrigation Company, Colorado corporation, as First Party, and
Weld County, as Second Party;
WITNESSETH:
THAT WHEREAS, First Party is the owner of those certain
irrigation canals known as the Bull Canal : Sec.25,T1N.R66W, and
Sec.30,T. 1N,R67W.in WELD County, Colorado; and
WHEREAS, Second Party desires to construct and maintain Weld
County Road Widening and culvert in varying sizes over or under
and across the rights of way of said canals at the locations and
in the manner as shown on the drawings marked Exhibit A hereto
attached and by this reference made a part hereof. Said Exhibit
A consists of 2 sheets and each sheet represents a specific
crossing; and
WHEREAS, First Party is willing to grant the permanent
rights-of-way and easements desired by Second Party.
NOW, THEREFORE, in consideration of the sum of $1000 . 00
paid to Farmers Reservoir & Irrigation Company the receipt of
which is hereby acknowledged, and the agreements of Second Party
to be performed hereunder and upon the conditions and for the
period herein stated, First Party does grant to Second Party, its
successors and assigns, permanent rights-of-way and easements to
construct, install, lay, maintain, alter, repair, operate and
remove a Weld County Road Widening and culvert over or under and
across the strips of land which constitute a part of the rights
of way of the canals hereinabove named at the specific locations
and in the manner designated and referred to in the applicable
sheet of Exhibit A.
Second Party agrees not to commence construction of said
Weld County Road Widening and culvert at any of the points
described in Exhibit A without first having obtained the consent
and approval thereof of the Superintendent of First Party.
It is understood that, if the First Party only owns an
easement for Canal and Lateral rights of way or any part thereof
at the locations described in Exhibit A, this instrument shall
grant to Second Party only such rights as First Party may under
such circumstances grant .
In laying and constructing said Weld County Road Widening
DOC - LICENSE AND F.Accmr 1m *��...---_---
1
111111 11111 11111 11111 111111 111111 111 III 11) 1 1111 1111
3314205 08/18/2005 ltMA Weld County, CO
1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c"?XS.S. /M
and culvert and thereafter in repairing, maintaining or removing
same Second Party shall do so in such manner as not to damage
said Canals and Laterals or the embankments thereof and so as not
to interfere with the flow of water in said Canals and Laterals .
Any and all excavations made shall be immediately leveled off,
and any damage to the Canals and Laterals, embankments, fences,
roads or other improvements shall be promptly repaired by Second
Party at its sole cost to the satisfaction of First Party.
Second Party agrees that it will at all times maintain said
Weld County Road Widening and culvert and repair all breaks,
leaks and damages therein and thereto at its own expense and
further that, if, by reason of any break, leak or damage in and
to the Weld County Road Widening and culvert, injury to the
properties of First Party is sustained, then Second Party will,
with all due diligence, repair and replace such property of First
Party in the same condition as the same was in prior to such
break, leak or damage in and to the said Weld County Road
Widening and culvert and will pay any and all monetary damages
resulting from such break, leak or damage sustained or incurred
by First Party or its stockholders or water users .
Second Party further agrees that, if at any time the Weld
County Road Widening and culvert causes any settling in the ditch
embankments, the roads thereon, or any part of the ditch rights
of way, it will, upon notification from First Party, immediately
make all repairs required by First Party at Second Party' s
expense.
Second Party further agrees to indemnify and save harmless
First Party, its successors, assigns, employees, agents and
stockholders on account of any damage or loss sustained by them
or any of them arising by reason of laying, construction,
maintenance or removal of said Weld County Road Widening and
culvert.
If in the future First Party should desire to enlarge,
deepen or otherwise change or relocate said Canals and Laterals
or to construct any other canal ditch or waterway on said Canal
and Lateral rights of way or to do any other thing incident to
the operation of said Canals and Laterals or any other portion of
the irrigation system of First Party, then Second Party agrees,
at Second Party' s expense, with all due diligence, to change,
relay and reconstruct its Weld County Road Widening and culvert
so as to comply with such plans and specifications as First Party
may prescribe as being necessary to permit the proper maintenance
and operation of First Party' s irrigation system.
Second Party agrees to protect First Party and save and hold
it harmless from any and all third party claims and damages that
said Weld County Road Widening and culvert and its operation,
construction, maintenance and removal may directly or indirectly
cause; and Second Party hereby releases First Party, its
successors, assigns, employees, agents and stockholders from any
DOC - LICENSE AND EASEMENT AGREEMENT 2
111111111111 11111 11111111111 111111 VI11 III 11111 IIII 1111
3314205 08/18/2005 11:01A Weld County, CO
2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
and all claims and damages of whatsoever character to said Weld
County Road Widening and culvert or other property of Second
Party located in, along or across said Canal and Lateral rights
of way arising out of either the operation or maintenance of said
Canals and Laterals or other portions of First Party' s irrigation
system or resulting from any other act either on the part of
First Party or on the part of any Third Party.
Second Party, its successors and assigns, agrees to faithfully
and promptly comply with the provisions herein stated. First
Party shall have the right to enforce any of the provisions
herein stated by action in District Court, Weld County, Colorado.
It is mutually understood and agreed that this agreement and all
the terms and conditions hereof shall extend to and be binding
upon the parties hereto, their successors and assigns .
EXECUTED in d the day and year first hereinabove
written. ��gtrRV01R 4,
��� T PARTY
4O
Attest : Z By t ' 1Q�4 A\G t
CORPORATE Its Gene al Manager `
et
O
is / retary
COI_ORA0°
STATE OF COLORADO, }
}ss.
COUNTY OF ADAMS }
The foregoing instrument was acknowledged before me this
A l day of l.-J j j�,.., , 201, by
as General Manager and y'
as Secretary of VIM trot&Senfory a.ac Div 1 AA `
c�Q(]
`I
,
a 1� corporation. e�J�e hl423`��
Witness my hand and notarial seal . i $o7Ak1
s
!fit � ] N -mi..
-mi..
My commission expires o� ` .1 O
PUBLIC a
Ot
No Publ . Enos 7-4)05
DOC - LICENSE AND EASEMENT AGREEMENT 3
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3314205 08/18/2005 11:01A Weld County, CO
3 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SECOND PARTY
Attest: �/ �i `1, ;� COUNTY OF WELD, A BODY
CLERK TO THE BO RD ��: (IF A CORPORATE AND POLITIC OF
COUNTY COMMISSIONER'S tabs A', •.'''�O THE STATE OF COLORADO
OF THE COUNTY OF W :' __
By' / ! .f/ i %. 'A, B : ✓ �
�. � •
epu�.v c
lerk to `r'a^ William . Jerke,
Chair
BOARD OF COUNTY AUG 0 3 2005
COMMISSIONERS OF THE
COUNTY OF WELD
STATE OF COLORADO }
}ss.
COUNTY OF Weld )
The foregoing instrument w- „ wledged before me this
{u( day of (ic- . .;��.F , '(41.;liam H. Jerke, Chair,
Board of County ComIlissioner 4 :the t.' y of Weld.
Witne�� y hand and officia a$HAR0N
_ KAHL
-,,,, M.....4a.r_ \ /O
ry Public ....�.0
vOF 1��P
My commission expires :
My Commission Expires May 15,1006
D0C - LICENSE AND EASEMENT AGREEMENT 4
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3314205 08/18/2005 11:01A Weld Co
4 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder -67-';- --, // '6�
/
DEED DESCRIPTION EXHIBIT A
1528-203-070.01 3070-DD-BULLE.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 1952226 AND 1952227,WELD COUNTY
PUBLIC RECORDS,LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19,TOWNSHIP 1 NORTH,RANGE 67
WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 19 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS:
-THE WEST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 25937.
-THE SOUTHWEST OF WHICH BEING A 2.5"ALUM. CAP,L.S. 24305.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 19;
THENCE N 00°06'35"W ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 19 A DISTANCE OF
29.89 FEET;
THENCE N 89°53'25"E A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6;
THENCE N 00°06'35"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE
OF 1060.04 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BULL CANAL AS RECORDED AT
SAID RECEPTION NO. 1952226 AND 1952227,WELD COUNTY PUBLIC RECORDS, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE N 00°06'35"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13
A DISTANCE OF 62.33 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BULL CANAL;
THENCE N 85°04'24"E ALONG SAID NORTHERLY RIGHT-OF-LINE OF BULL CANAL A DISTANCE OF 30.11 FEET
TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 13;
THENCE S 00°06'35"E ALONG A LINE LYING 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 60.24 FEET TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY LINE OF BULL CANAL;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING(2)TWO COURSES;
1) S 85°08'55"W A DISTANCE OF 19.35 FEET;
2) S 74°08'54"W A DISTANCE OF 11.13 FEET TO THE POINT OF BEGINNING;
CONTAINING 1,818 SQ.FT. OR 0.0417 ACRE MORE OR LESS.
I,CHRISTOPHER H.McELVAIN, A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
.
•
CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR
m ]fi
COLORADO REGISTRATION NO. 36561, n:
36561 v
. .�
FOR AND ON BEHALF OF IeHN ENGINEERING,INC. II .••, g
5855 WADSWORTH BYPASS#A-100,ARVADA,CO. 80003
th q`.LAN°. 5�_
I111111 11111 11111 IIIII EEO 111111 11111 11I 11113 IIII I'll
3314205 08/18/2005 11:01A Weld County, CO
5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
BRAD A. LINKUS WI/4 COR SEC 19 E X H I I T NAPA
FOUND #6 REBAR
I WITH 2" ALUM. CAP
- LS 25937, 1997 �i� SHEET 2 OF 2
N2624� W
35 S5235� E
L3' II ---*
C1/4 COR SEC 24 I
FOUND #6 REBAR
'WITH 2" ALUM. CAP E1/4 COR SEC 19
LS 25937, 1997 .`ai FOUND #6 REBAR
I~" DEBRA DORMAN WITH 3-1/4" ALUM. CAP
,, n: LS 7242, 1994
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ACQUISITION AREA 1,618 S.F. 1 INCH = 300 FEET
,r Cl N65"04'24"E
— DATE: 9.1.04
mom mom a,0 30.11' SOO'06'35 E ,.�.�N.��
wirw NOO'06 35"W 60.24' iN +. \\
��CD 6233' I 9' a 4 iw Is> r> 111 01.cam ' S85T)8'55"W / t• 'ol—•c° ��/
ca°. 19.35' %� 36561 >:
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OBEGINNING 30 6 '30 11.13' ilk
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a a NOTE
r THIS IS NOT A LAND SURVEY PLAT OR
< < LAWRENCE & ALYCE TOTEMS TRUST
s 3 IMPROVEMENT SURVEY PLAT. NO MONUMENTS
I I WERE SET FOR THE PREPARATION OF
2'i L THE ATTACHED LEGAL DESCRIPTION.
1
51-
SHOULA & YONGGE VUE _, EXHIBIT MAP A
G F WELD COUNTY ROAD 13
a 20 f1UII CANAL EAST
0 0
< < SW 1/4 SEC 19, TAN., R.67W. 6TH PM,
CIS COUNTY OF WELD, STATE OF COLORADO
¢ ACQUISITION AREA 1,818 S.F.
0 S1/4 COR SEC 19
FOUND #6 REBAR 8.27.04 I DEED DESCRIPTION
N00"06'35"W / -N89'53'25"E VATH 2" ALUM. CAP
29.89' 30.00, LS 29425. 2000 IN R.B. JN. 1528-03-070.01 13070-DD-BULLE
I1�52635.00'
635.41 W N8951'41'W_ 2613.89' JJy�Iy e H N
�I' 26}5'00 —3 VA CHn 8 I IfI t�-_
9,/4 COR 5E1 . POINT OF
C 24 0'a, cOM E1WEUF COR SEC T#91T 1f ENGINEERING J-
FOUND #6 REBAR 1° 2 FOUND 1" PIN WITH ti ra 5855 WADSWORTH BYPASS,A-100
WITH 2" ALUM. CAP .i, 2 1/2" ALUM. CAP APVAOA.00 80003
LS 25937. 1997 IN R.B. wlm IN RANGE BOX PH.(303)423-6036 FAX 13031467-9438
LS 24305, 2002 WWW.JEHNENGINEERINGOM
EXHIBIT B
DEED DESCRIPTION
1528-203-070.01 3070-DD-BULLW.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT BOOK 406,PAGE 293,WELD COUNTY PUBLIC
RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH,RANGE 68
WEST OF THE 61.14 PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS:
-THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937.
-THE SOUTHEAST CORNER OF WHICH BEING A 2.5"ALUM. CAP, L.S. 24305.
COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 24;
THENCE N 00°06'35"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24 A
DISTANCE OF 29.89 FEET;
THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 6;
THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A
DISTANCE OF 1043.12 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BULL
CANAL,SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE S 74°08'54"W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.17 FEET TO
A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 13;
THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 62.34 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BULL CANAL;
THENCE N 74°08'54"E ALONG SAID NORTHERLY RIGHT-OF-LINE OF BULL CANAL A DISTANCE OF
31.17 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13;
THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 62.34 FEET
TO THE POINT OF BEGINNING;
CONTAINING 1,870 SQ.FT. OR 0.0429 ACRES MORE OR LESS.
I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
•O Z,
c -P
CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR `co c;
COLORADO REGIS PORTION NO. 36561, '= 36561 n.
it o
FOR AND ON BEHALF OF JeHN ENGINEERING,INC. = Oo
5855 WADSWORTH BYPASS#A-100,ARVADA,CO. 80003 •��//�� ,•�
1111111111111111111111111111111111111111111111111111111
3314205 08/18/2005 11:01A Weld County, CO
7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
BRAD A. LINKUS E1/4 COR SEC 24 E X H 13 I T N/ AP A
FOUND #6 REBAR
WITH 2" ALUM. CAP
LS 25937, 1997 SHEET 2 OF 2
N89'52'35 W 589'44'46"E
- ---2624.35'---- Y --- 5235.43' --
C1/4 COR SEC 24 I - v
FOUND #6 REBAR
WITH 2" ALUM. CAP - E1/4 COR SEC 19 - C
LS 25937, 1997 FOUND #6 REBAR M CJ
DEBRA DORMAN WITH 3-1/4" ALUM. CAP CC
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SHOULA & YONGGE V1JE o 0 150 300 inimmADDITIONAL RIGHT-OF-WAY < Z413e 'E ..... _... .._.___.
ACQUISITION AREA 1,870 S.F. 31"17' 1 INCH = 300 FEET
S00'06'3511 DATE: 9.1.04
NO0T06 35 W 82.34 c..,. 5222,, -.'. ..
62.34 sr �,:, S 4A� �EG I 1!
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..._ . N0 0 $ NOTE:
n arc < LAWRENCE & ALYCE TOTEMS TRUST THIS IS NOT A LAND SURVEY PLAT OR
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- 0 LLo WERE SET FOR THE PREPARATION OF
iw$ THE ATTACHED LEGAL DESCRIPTION.
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SHOULA & YONGGE VUE pt'om < EXHIBIT MAP A
= a G WELD COUNTY ROAD 13
2'6 < RIO I (:ANAL WEST
z SE 1/4 SEC 24, TIN., R.68W. 6TH PM,
COUNTY OF WELD, STATE OF COLORADO
171
6 ACQUISITION AREA 1,870 S.F.
S1/4 COR SEC 19
30 6)" 30 FOUND /6 REBAR 8.27.04 I DEED DESCRIPTION
589.53'25"W HI00-06'35"W WITH 2" ALUM. CAP
30.00' 29.89' LS 29425, 2000 IN R.B. JN. 1528-03-070.01 `.3070—DD—BULLW
S89-40'41"W _ N89_51'41"W 261_3.89' e H N
2635.00 ; _ $ ---f* .. I1i
51/4 COR SEC 24 rc1 POINT OF
FOUND y6 REBAR " SE CDR etc 2�4o T ,1 ENGINEERING.1=
NTH 2" ALUM. CAP a FOUND I" PIN WITH "- lit 5855 WADSWORTH BYPASS,A-100
LS 25937, 1997 IN R.B. f1m 2 1/2" ALUM. CAP 11,91ARVACA,CO B0003
�' IN RANGE BOX PH.(303)423-6036 FAX(333)467-9438
wl0 LS 24305, 2002 VANWJEHNENGINEERNG COM
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