HomeMy WebLinkAbout20040400 RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN - FLATIRON COMPANIES, LLC AND
COTTONWOOD LAND AND FARMS, LTD.
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 an Agreement for Donation of Property for
Poudre River Trail between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,and Flatiron Companies, LLC and Cottonwood Land and
Farms, Ltd., with terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,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 Agreement for Donation of Property for Poudre River Trail between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Flatiron Companies, LLC and Cottonwood Land and Farms, Ltd., be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D CO T , COLORADO
ATTEST: getk,/ % `,, Et-va C .
r Robert D. Masden, Chair
Weld County Clerk to t to_ -i
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William H. rke, Pro-Tem
BY: ii �•!n_�}Ji _I
Deputy Clerk to the Bob•.lei
M. ile
AP OV AST
IL?!
unty At orney
Glenn Vaa
Date of signature: /1/
2004-0400
PR0025
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251 AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL
THIS AGREEMENT is entered into this day of January, 2004 by and between the
COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as "County"; FLATIRON COMPANIES LLC, whose
address is 4770 Baseline Road, Suite 300, Boulder, Colorado 80303, hereinafter "Flatiron"; and
COTTONWOOD LAND& FARMS LTD., whose address is 4770 Baseline Road, Suite 300, Boulder,
Colorado 80303, hereinafter"Cottonwood".
WITNESSETH:
WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and
non-motorized vehicular right-of-way (thereinafter referred to as "Right-of-Way") as part of the
Poudre River Trail across lands owned by Flatiron and Cottonwood in the NE 'A of Section 36,
Township 6 North, Range 66 West of the 6`h P.M., Weld County, Colorado, which lands are
more specifically described in Exhibit "C" hereto (the "Flatiron Property") and Exhibit "D"
hereto (the "Cottonwood Property"), and
WHEREAS, Flatiron and Cottonwood desire to donate Right-of-Way to County, in fee,
upon County meeting certain terms and conditions stated herein, and
WHEREAS, County desires to accept said donations as stated herein.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants,the parties hereto have agreed as follows:
1. DONATIONS OF STRIP OF RIGHT-OF-WAY: Flatiron and Cottonwood agree
to donate via separate Quit Claim Deeds (without compensation) to County and
County agrees to accept the Right-of-Way. Said Right-of-Way shall be used by the
public and maintained by the County for the purpose of conveyance by pedestrians
- and non-motorized vehicles. Flatiron and Cottonwood understand and agree that
said Right-of-Way may also be used by police, emergency, and maintenance
motorized vehicles, and by mounted police, when necessary. The parties agree that
the Right-of-Way shall consist of a strip of land, not less than thirty (30) feet wide,
extending across the Flatiron Property and the Cottonwood Property generally in an
east to west direction, and all of Flatiron's and Cottonwood's contiguous properties
to the north and/or east of the 30-foot strip which Flatiron and Cottonwood deem as
excess property that should also be conveyed extending to the property in or across
the river (excepting such of Cottonwood's property which is north of the Poudre
River and contiguous with property owned by Cottonwood in the northeast quarter
of the northwest quarter of Section 36, T.6N., R.66W.). The path of the Right-of-
Way is generally shown on the plat which is attached hereto as Exhibit "A";
however, the exact location and width of the Right-of-Way shall be mutually
determined by the parties prior to the date of closing and after completion of the
survey. Flatiron and Cottonwood agree to grant the Right-of-Way by separate Quit
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Claim Deeds, on forms acceptable to County. Titles must be free and clear of all
encumbrances, except for existing easements, and rights-of-way of record, if any,
including, without limitation, any utilities currently in place. The cost of title
insurance, if any, will be the responsibility of County. Said Quit Claim Deeds shall
be executed promptly upon completion of survey plat(s) of the Right-of-Way, paid
for by County which shall show the exact location of the Right-of-Way and provide
a legal description thereof The parties further agree that said Quit Claim Deeds
may be recorded separately from this Agreement, but shall be subject to the terms
of this Agreement which will survive delivery and recording of the Deeds.
2. NON-INTERFERENCE WITH RECLAMATION AND TENANT ACTIVITIES:
Flatiron is currently reclaiming portions of the Flatiron Property by filling the small
pond and raising the grade of portions of the Flatiron Property, and Flatiron leases
same to a tenant for storage of equipment. Flatiron and County agree to work
together to resolve conflicts arising from the Trail's location that may impair of
impede Flatiron's tenant's ability to use the Flatiron Property for storage or
Flatiron's reclamation of the Flatiron Property. Any costs associated with Trail
closure or repairs to the Trail arising from the resolution of said potential conflicts
will be borne by the County. County agrees that Flatiron shall have reasonable
access over and across the Right-of-Way for the purpose of conducting said
reclamation activities with vehicles other than those specified in Paragraph 1,
above. County further agrees that Flatiron may construct and maintain future
drainage structures across the Right-of-Way, if necessary for discharge to the
Cache la Poudre River, as long as such structures do not impair or impede the
ability of the public to use the Right-of-Way for conveyance by pedestrians and
non-motorized vehicles beyond the period of construction. Any such drainage
structures shall be constructed at the sole expense of Flatiron; however, damage to
the improvements along the Right-of-Way caused by the crossing of such drainage
structures shall be sole expense of County. In addition, the County agrees, at its
cost, to replace the existing truck ramp on the Flatiron Property with a reasonably
similar ramp at a location on the Flatiron Property selected by Flatiron.
Cottonwood is currently reclaiming portions of the Cottonwood Property, and
Cottonwood leases same to a tenant for mining. Cottonwood and County agree to
work together to resolve conflicts arising from the Trail's location that may impair
of impede Cottonwood's tenant's ability to mine the Cottonwood Property or
Cottonwood's reclamation of the Property. Any costs associated with Trail closure
or repairs to the Trail arising from the resolution of said potential conflicts will be
borne by the County. County agrees that Cottonwood and its tenant shall have
reasonable access over and across the Right-of-Way for the purpose of mining
and/or conducting said reclamation activities with vehicles other than those
specified in Paragraph 1, above. County further agrees that Cottonwood and its
tenant may construct and maintain future drainage structures across the Right-of-
Way, if necessary for discharge to the Cache la Poudre River, and construct and
maintain future mining conveyance structures across the Right-of-Way, if
necessary, as long as such drainage and mining conveyance structures do not
impair or impede the ability of the public to use the Right-of-Way for conveyance
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by pedestrians and non-motorized vehicles beyond the period of construction. Any
such structures shall be constructed at the sole expense of Cottonwood and/or its
tenant; however, damage to the improvements along the Right-of-Way caused by
the crossing of such structures shall be sole expense of County. At the sole
expense of County, County shall construct any structures necessary to protect the
public from materials inadvertently coming off of any mining conveyance structure
which crosses the Right-of-Way.
3. FLOODPLAIN MODIFICATIONS: County understands and acknowledges that
Flatiron or Cottonwood may apply for letters of map revision ("CLOMR") or
amendment or conditional letters of map revision ("LOMR") or amendment with
FEMA in connection with its reclamation activities and/or site reconfiguration
activities on the Flatiron Property or the Cottonwood Property, and in connection
with reclamation and site reconfiguration activities on property owned by Double
SM Farms LLC, as described on Exhibit "E". County's role in reviewing
CLOMR or LOMR applications is to ascertain whether the uses to which the
property which is the subject of the application was previously put have been
completed as of the date of the County's review. County affirms that it will
perform the same role with respect to review of possible CLOMR or LOMR
applications on the above referenced properties that it typically does with such
applications and that it will not otherwise object to the applications.
4. REFERRAL TO WELD COUNTY ASSESSOR'S OFFICE: County agrees that
upon delivery of the Quit Claim Deeds, the Weld County Assessor's Office shall be
notified of the completed transaction and that the Right-of-Way is no longer owned
or controlled by Flatiron or Cottonwood.
5. TRANSFER OF RIGHT-OF-WAY NOT CONSIDERED LAND-SPLIT: Flatiron,
Cottonwood and County acknowledge that the transfers of ownership of the Right-
of-Way shall not be considered as splits of either the Flatiron Property or
Cottonwood Property, such that the transfers neither violate the subdivision
regulations of the Weld County Code, nor does they create separate remaining
parcels. The Flatirons Property and Cottonwood Property will continue to be legal
lots as defined in the Weld County Code.
6. DONATION IN LIEU OF CONDEMNATION - APPRAISAL: The parties agree
that said Right-of-Way is being acquired by County in lieu of condemnation.
County shall obtain an appraisal of the value of the Right-of-Way donated to
County by Flatiron and Cottonwood promptly upon completion of the survey(s)
referred to in Paragraph 1, above.
7. VEHICLE RESTRICTIONS ON RIGHT-OF-WAY: County agrees to restrict
access on the Right-of-Way such that motorized vehicles other than those described
in Paragraph 1, above, cannot enter upon said Right-of-Way.
8. FENCING: County shall at County's sole expense, construct and maintain fencing
between Right-of-Way and Flatiron's and Cottonwood's remaining properties.
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Fencing shall be per special plan, acceptable to County's Floodplain Administrator,
as described in Exhibit "B". In the event Flatiron's or reclamation activities, or
Cottonwood's reclamation or tenant's mining activities, require removal of the
fencing, County agrees to timely remove and replace such fencing at its cost.
9. SIGNAGE: County shall establish and maintain all appropriate signs to prohibit
unleashed pets on the Right-of-Way or unauthorized use of the Right-of-Way by
the public. County agrees to post signage at both ends of the Flatiron Property
acknowledging the property donation by Flatiron; such signage and the language
therein shall be approved, in writing, prior to placement, by Flatiron. County
agrees to post signage at both ends of the Cottonwood Property acknowledging the
property donation by Cottonwood; such signage and the language therein shall be
approved, in writing, prior to placement, by Cottonwood.
10. CONSTRUCTION OF TRAIL ON RIGHT-OF-WAY: County shall be solely
responsible for construction of the trail on the Right-of-Way, including control over
and safety of all workers. County shall inform all workers and volunteers that
unauthorized trespassing on the Flatiron Property or Cottonwood Property is
prohibited. County may proceed with trail construction within the Right-of-Way
across the Flatiron Property immediately upon delivery and recording of the Quit
Claim Deed for such Property. Trail construction within the Right-of-Way across
the Cottonwood Property shall not commence until after May 1, 2004.
11. ENTIRE AGREEMENT: The parties hereby agree that neither has made or
authorized any agreement with respect to the subject matter of this instrument
other than expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either
party, or its agents or employees, hereto. This Agreement embodies all agreements
between the parties hereto and there are no promises, terms, conditions, or
obligations referring to the subject matter whereof other than as contained herein.
12. RIGHT OF POSSESSION: Although the date of the transfer of the Right-of-Way
shall be the date of the delivery of the documents of conveyance, it is expressly
agreed by the parties hereto that upon execution of this Agreement by County,
Flatiron and Cottonwood, County, its contractors, agents, employees, if any, and all
other deemed necessary by County shall have for a period of six months from the
date of this Agreement the irrevocable right to possess and use all of the Right-of-
Way, or by the public if said Right-of-Way is ready for conveyance by pedestrians
or by non-motorized vehicles.
13. TAX APPORTIONMENT: Flatiron and Cottonwood represent and warrant that all
general taxes levied against the Right-of-Way prior to such year have been paid in
full by Flatiron and Cottonwood. Taxes will be apportioned as to the date of
delivery of the Deed; provided, however, that if County exercises its rights
pursuant to Section 12 above, the apportionment shall be to the date of this
Agreement.
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14. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms or
provisions, to a person or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision
of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
15. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty
of care which did not previously exist with respect to any person not a party to this
Agreement.
16. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in
the Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only. Notwithstanding the foregoing,
Double SM Farms LLC, an entity partially owned by Flatiron, may enforce the
provisions of Section 3 hereof.
17. SUBJECT TO MINING LEASE AND OPTION: The parties hereto acknowledge
and agree that Cottonwood's conveyance to the County hereunder is expressly
subject to the rights of its tenant, Lafarge West, Inc., under a Sand and Gravel
Mining Lease dated May 26, 1989, and the rights of the City of Greeley ("City")
under an Purchase and Sale Contract dated October 12, 2000. Moreover, the
parties agree that Cottonwood's obligations hereunder are contingent upon the
County obtaining the approval of the tenant and the City to the conveyance by
Cottonwood and the terms of this Agreement. Such approval may be evidenced by
signature to this Agreement or other written document in form satisfactory to
Cottonwood.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, successor by
merger, and assigns of the respective parties hereto.
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
FLATIRON COMPANIES LLC,
a Colorado limited liability company
By:
<3L .7.
Edwin C. McDowell, Jr., Manager
Scott A. Patten, Manager
COTTONWOOD LAND& FARMS, LTD.
By: •. CC ?'< �
Edwin C. McDowell, Jr., General Partner!
By:
Scott A. Patten, General Partner
COUNTY OF WELD, a political subdivision
of the STATE OF COLORADO
By: %LC—
Robert D. asden, Chairman, FEB 0 4 2004
Board of County Commissioners of
Weld County, Colorado
ATTEST: 110,EW
CLERK TO THE BOARD OF C RS
By: ,���.•�_I
Deputy Clerk to the Board J(/ . \ •
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APPROVALS:
The undersigned parties approve the conveyance by Cottonwood Land and Farms, Ltd., as
provided herein and the other terms and conditions of this Agreement.
LAFARGE WEST,INC., a Delaware
corporation
By: '�j •
Name: 1=rirtA+.), in r,An),
Title: +ktisc
Date: p% -O3 - hti
CITY OF GREELEY, a Colorado municipal
Corporation
Acting by and through its water enterprise
Name: -font G. MON sow .4 F 'rifae.r.€ F' - ff-teE,S, Mayor
Title: WA$en 4 Seven Oseta°, %A , s
Date: 23 Fe,- ON % ` sts~t,
le*th
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Attested and approved as to substance: ,ety + R
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By: _Ai n Vt.
, City Man ger and
Secretary to the Board
Approved as to legal for
By: t( M.
City Attorney
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EXHIBIT A
PLAT SHOWING PATH OF RIGHT-OF-WAY
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EXHIBIT B
FENCE PLAN
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PROPOSED MANAGEMENT PLAN FOR THE INSTALLATION AND REMOVAL OF
FENCING IN THE FLOODWAY OF THE CACHE LA POUDRE RIVER ASSOCIATED
WITH POUDRE RIVER TRAIL CORRIDOR IMPROVEMENTS
July 2, 2002
BACKGROUND AND ASSUMPTIONS
1. The Poudre River Trail Corridor, Inc. is a 9-member non-profit board which exists to
master plan, construct and manage a non-motorized, multi-modal recreational and
transportation trail generally adjacent to the Cache la Poudre River. Membership to the
PRTC board is divided equally between residents of the City of Greeley, Town of
Windsor and in the general Weld County area, including an elected representative from
each jurisdiction.
2. The trail corridor is planned to extend from the Larimer/Weld County line east to the
confluence of the Cache la Poudre and South Platte Rivers,just east of Greeley, for a
distance of approximately 22 miles.
3. The nature of the river corridor will, from time to time, place the trail in floodway areas
and adjacent to developing properties, including those with active sand and gravel
extraction operations. The trail will also extend to and through all three governmental
jurisdictions.
4. Public safety of property and persons including trail users, adjacent properties and
businesses is a primary consideration in the placement and construction of trail corridor.
From time to time, competing public safety concerns require a management strategy to
make best efforts to meet the intent, if not the exact letter of local regulations which
govern such matters.
5. The proposal contained within this Poudre Trail Management strategy is intended to
accomplish a practical, careful balance of public safety and welfare in the placement of
certain fence improvements along the trail corridor and within designated floodway areas.
This strategy is intended to apply to any properties so situated,particularly where
agricultural or sand and gravel extraction operations are or will be taking place and which
will require a transitional treatment of the trail corridor with fencing to protect the general
public from the mining or agricultural use.
PROPOSED MANAGEMENT STRATEGY
1. Floodwav and fences: chain link fences are not typically allowed in floodways due to the
potential for the fence fabric to act as a barrier to debris that may be floating downstream
in times of high water. The collection of such debris in a chain link fence can result in a
damming effect, restricting the flow of water and thereby displacing flood impacts to
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areas outside the designated floodway. Sand and gravel operations and some agricultural
uses require the use of chainlink fence to protect the general public from entering the site
and being exposed to certain hazards associated with the land use or operation. This
fence may often be required by insurance carriers,regardless of the location of a public
trail adjacent to the operation.
In most cases, it is presumed the fence will be required for the life of the mining and
reclamation period, which may run for 10-15 years depending upon market conditions
and gravel pit management. As such,the fence in the floodway may be considered a
temporary use.
2. The nature of the rising water and flood events along this easterly portion of the Cache la
Poudre River in Weld County is a relatively slow occurrence, with "flash flood" incidents
fairly limited to upstream areas. Weather watches and upstream advisories on the
condition of the water flow provide ample time for Weld County to take precautionary
measures, such as evacuations,to limit damage and loss resulting from a flood event.
3. Flood management plans are considered an acceptable means of protecting the safety of
the public when they can be reasonably relied upon for consistent application and
management.
4. The City of Greeley has in place a response plan for hazard events called "The City of
Greeley Emergency Operations Plan" (EOP). This plan was prepared in response to the
requirements established under the State of Colorado Disaster Emergency Act of 1992
and is administered by the Fire Chief of the Union Colony Fire Rescue Authority. The
EOP address four basic elements of emergency management: Mitigation, Preparedness,
Response, and Recovery and is intended to be used as the basis for coordinated
emergency response/management to detailed hazard threats as described in the Plan. The
Plan is the subject of an annual review and update of scheduled portions of the Plan,
including comprehensive review and assessment of the entire plan every four years.
5. As a component of the EOP, the City of Greeley has agreed to include a specific strategy
to address the management of the chain link fencing along the Poudre River Trail
Corridor, as specifically detailed on the attached map labeled Exhibit A). In particular,
Chapter 15, Appendix G.2 Flood, outlines, in part,the following strategies:
Section IV CONCEPT OF OPERATIONS
B.1. Level 1
a. Notification of all departments and other dey individual.
b. Public Works and the Fire Authority will maintain a continuous
monitoring of all weather conditions.
c. Public Works or designee shall coordinate with other departments and
decide when a Level II activation is required.
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2. Level II
c. Designated individuals by departments may be dispatched to potential
hazard areas to monitor and report findings.
Section V RESPONSIBILITIES
Public Works will:
• maintain responsibility for overall management during a flood event.
• monitor stream levels and rainfall intensity.
• maintain drainage ways and storm sewer flow.
• perform debris removal and restoration of services, including the removal
of potential fence material in designated areas along the Cache la Poudre
River Trail Corridor as warranted(amended EOP language, July, 2002).
• determine the need for road and intersection closures, including portions
of the Cache la Poudre River Trail corridor and other public trails as may
be appropriate (amended EOP language, July, 2002).
6. The particular action proposed to remove the identified fence material is to cut the ties
holding the chain link fence fabric to its support poles, rolling the material and removing
it from the site. Further, barricading the trail with hazard and no entry advisories until the
hazard situation abated and the fence material is re-installed.
CONTACT ENTITY
Matters associated with the implementation of this strategy may be directed to any of the
following City of Greeley Departments:
Union Colony Fire Rescue Authority Public Works Department
Fire Chief Director
919 7th Street 1000 10`" Street
Greeley, CO 80631 Greeley, CO 80631
350-9515 350-9795
Community Development Department
Director
1100 10'h Street
Greeley, CO 80631
350-9785
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EXHIBIT C
LEGAL DESCRIPTION OF FLATIRON COMPANIES LLC PROPERTY
THOSE PARCELS OF LAND DESCRIBED IN THE FOLLOWING DEEDS RECORDED [N THE WELD COUNTY,
COLORADO,RECORDS:
IN BOOK 1560 AT PAGE 240 AS RECEPTION No. 1332172;
IN BOOK 503 AS RECEPTION NO. 1426295 AND
IN BOOK 593 AS RECEPTION NO. 1515004 EXCEPTING THEREFROM
THOSE PARCELS OF LAND DESCRIBED IN THE FOLLOWING DEEDS:
IN BOOK 510 AS RECEPTION NO. 1431972;
IN BOOK 536 AS RECEPTION NO. 1457609 AND
IN BOOK 593 AS RECEPTION No. 1515295 OF SUCH RECORDS.
THE ABOVE CONVEYANCES CAN BE COMBINED AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
A tract of land located in the E''/2 of Section 36, Township 6 North, Range 66 West of the Sixth Principal
Meridian, Weld County, Colorado, more particularly described as follows:
Commencing at the Northwest Corner of the Southeast Quarter (SPA) of the Southeast Quarter (SE'/.),
Section 36, Township 6 North, Range 66 West of the 6th Principal Meridian; Thence North 00°35'00"
West 1,331.82 feet to the True Point of Beginning; Thence, following the lines of the tract of land
described in Book 503 as Reception No. 1426295 of the Weld County records, South 88°40'30" West
44.23 feet to a point on the centerline of the existing county road; Thence North 04°55'30" West 421.79
feet; Thence North 06°35'00"West 377.98 feet; Thence North 05°27'20" West 345.67 feet; Thence North
03°50'00" West 118.89 feet; Thence North 00°30'30" East 133.38 feet; Thence North 06°01'00" East
132.68 feet; Thence North 09°13'00" East 98.60 feet; Thence North 10°22'20" East 265.58 feet; Thence
North 07°59'00" East 108.74 feet, all along the centerline of existing county road; Thence North
89°25'00" East 30.33 feet to the Northwest corner of the parcel of land described in Book 593 as
Reception No. 1515295 of the Weld County records; Thence, following the Westerly lines of said parcel,
South 07°59'00" West 113.88 feet; Thence South 10°22'20" West 244.79 feet; Thence South 55°15'58"
East 102.52 feet to the Northwest corner of the parcel of land described in Book 593 as Reception No.
1515004 of the Weld County records; Thence, following the Northerly lines of said parcel, South
57°23'09" East 455.60 feet; Thence South 61°56'10" East 261.17 feet; Thence South 69°12'39" East
363.98 feet to an angle point in the Northerly line of the tract of land described in Book 1560 at Page 240
as Reception No. 1332172 of the Weld County records; Thence, following the lines of said tract, South
40°56' East 80.82 feet; Thence South 18°12'30" East 157.60 feet; Thence South 02°56'30" East 170.67
feet; Thence South 10°32' West 111.65 feet; thence South 17°26'30" West 188.83 feet to an angle point
in the Northerly line of the tract of land described in Book 536 as Reception No. 1457609 of the Weld
County records; Thence, following the Northerly and Westerly lines of said tract; North 55°08'30" West
87.40 feet; Thence South 23°23'30" West 157.18 feet; Thence South 07°46'10"West 122.80 feet; Thence
South 22°52'30" East 201.43 feet to a point on the South line of the tract of land described in Book 1560
at Page 240 as Reception No. 1332172 of the Weld County records; Thence West 900.02 feet along the
South line of said tract to the Southwest corner of the East Half of the Northeast Quarter (WANE'/.) of
said Section 36;Thence South 00°35'00"East 7.02 feet to the True Point of Beginning.
Containing approximately 32.55 acres, more or less.
(W0736517 UMP 10 111111111111 N 111111IIII 111111 1111 HMI III IIII
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EXHIBIT D
LEGAL DESCRIPTION OF COTTONWOOD LAND AND FARMS, LTD. PROPERTY
A parcel of land being part of Section Thirty-six(36), Township Six North(T.6N.), Range Sixty-six West
(R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more
particularly described as follows:
BEGINNING at the West Quarter Corner of said Section 36 and assuming the West line of the Northwest
Quarter (NWI/4) of said Section 36 as bearing North 00°06'57" East, being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2680.23 feet with all other bearings contained herein relative thereto:
THENCE North 00°06'57" East along said West line a distance of 2104.13;
THENCE continuing North 00°06'57"East along said West line a distance of 70.72 feet to a point 505.38
feet Southerly of as measured at right angles to the North line of the NWI/4 of said Section 36; THENCE
South 89°47'14"East along a line 505.38 feet Southerly of as measured at right angles to the North line of
said NW1/4 a distance of 1271.30 feet to the West line of the East Half of the Northwest Quarter (E1/2
NW 1/4)of said Section 36;
THENCE North 00°32'17" West along said West line a distance of 505.42 feet to the West Sixteenth
Corner common to Sections 25/36-T.6N.-R.66W.;
THENCE South 89°47'14" East along the North line of said E1/2 NWI/4 a distance of 1265.53 feet to the
North Quarter Corner of said Section 36;
THENCE South 01°11'46" East along the East line of said E1/2 NWI/4 a distance of 657.84 feet to the
Southwest Corner of that parcel of land described as "Parcel II" within that Quit Claim Deed as recorded
January 19, 1990 in Book 1254 as Reception Number 02203251 of the records of the Weld County Clerk
and Recorder(WCCR);
THENCE North 89°49'16" East along the Southerly line of the aforesaid parcel of land a distance of
72.45 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as
recorded October 26, 1990 in Book 1280 as Reception Number 02231206 of the records of the WCCR;
THENCE along the Southerly line of the aforesaid parcel of land by following Four (4) courses and
distances:
THENCE South 55°55'44" East a distance of 150.00 feet to the TRUE POINT OF BEGINNING:
THENCE North 84°04'16"East a distance of 328.00 feet;
THENCE South 83°55'44" East a distance of 213.00 feet to a Point of Curvature (PC); THENCE along
the Arc of a curve which is concave to the South a distance of 511.41 feet, whose Radius is 750.00 feet,
whose Delta is 39°04'09", and whose Long Chord bears South 64°23'40" East a distance of 501.56 feet
to the Westerly Right-Of-Way(ROW) line of North 25th Avenue and being the end point of said curve;
Thence along said Westerly ROW line by the following Eight(8)courses and distances:
THENCE South 09°26'36"West along a line non-tangent to the aforesaid curve a distance of 99.42 feet;
THENCE South 0897'16"16"West a distance of 99.74 feet;
THENCE South 05°05'16"West a distance of 134.96 feet;
THENCE South 00°25'14"East a distance of 135.96 feet;
THENCE South 04°45'44" East a distance of 120.45 feet;
THENCE South 06°23'04"East a distance of 346.39 feet;
THENCE South 07°30'44"East a distance of 377.84 feet;
•
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THENCE South 05°51'14" East a distance of 408.09 feet to the North line of the Northwest Quarter of
the Southeast Quarter(NW 1/4 SE1/4)of said Section 36;
THENCE South 89°49'19" West along said North line a distance of 1243.09 feet to the Center Quarter
Corner of said Section 36;
THENCE South 01°11'46" East along the East line of the Northeast Quarter of the Southwest Quarter
(NEI/4 SW 1/4)of said Section 36 a distance of 1336.30 feet to the Center-South Sixteenth Corner of said
Section 36;
THENCE South 89°38'58" West along the South line of said NE1/4 SW1/4 a distance of 1311.41 feet to
the Southwest Sixteenth Corner of said Section 36;
THENCE North 00°32'10" West along the West line of said NE1/4 SW1/4 a distance of 23.51 feet to a
point One Hundred and Thirty feet (130') Northeasterly of as measured at right angles to the existing
center line of said C&SRR. Said point also being the Northeast Corner of that parcel of land as described
within that Quit Claim Deed as recorded December 24, 1934 in Book 971 on Page 96 of the records of the
WCCR;
THENCE North 73°46'07" West along a line 130' Northeasterly of as measured at right angles to the
existing center line of said C&SRR, also being the Northeasterly line of the aforesaid Quit Claim Deed a
distance of 1281.35 feet to the Southeast Corner of that parcel of land as described within that Quit Claim
Deed as recorded February 14, 1980 in Book 895 as Reception Number 1816959 of the records of the
WCCR;
THENCE North 00°06'57"East along the East line of the aforesaid parcel of land a distance of a distance
of 1174.94 feet;
THENCE North 79°25'39" East a distance of 468.66 feet;
THENCE North 63°12'08"East a distance of 77.06 feet;
THENCE North 61°35'09"East a distance of 165.28 feet;
THENCE North 49°29'07"East a distance of 143.70 feet;
THENCE North 46°26'20"East a distance of 223.54 feet;
THENCE South 54°24'01"East a distance of 489.13 feet;
THENCE South 76°56'48"East a distance of 703.56 feet;
THENCE North 83°01'37"East a distance of 607.93 feet;
THENCE North 04°40'22"East a distance of 1020.62 feet;
THENCE North 25°44'38"West a distance of 223.62 feet;
THENCE North 06°36'09" East a distance of 415.86 feet to the TRUE POINT OF BEGINNING.
{W0736517OMP1 12 1111111 liii 11111111111 IIII 111111111111
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17 of 18 R 0.00 0 0.00 Steve Moreno Clerk 3 Recorder
EXHIBIT E
LEGAL DESCRIPTION OF DOUBLE SM CLOMR PROPERTY
That part of the Southeast Quarter of Section Thirty-six (36), Township 6 North (T.6N.), Range
66 West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado,
and being more particularly described as follows:
BEGINNING at the Center Quarter Corner of said Section 36;
THENCE South 01°11'46" East along the East line of the Northwest Quarter of the Southwest
Quarter(NE1/4 SWI/4) of said Section 36 a distance of 813.05 feet;
THENCE North 89°40'45" East along the Northerly line of Pulliam Subdivision Second Filing
as recorded February 24, 1966 in Book 561 as Reception Number 1483098 and the Westerly
extension of the Northerly line of said Pulliam Subdivision Second Filing and the Northerly line
of Recorded Exemption No. 0805-36-4-RE 485 as recorded March 25, 1981 in Book 931 as
reception Number 1853169 of the records of the WCCR a distance of 1282.12 feet to the
Westerly Right-Of-Way (ROW) line of North 25th Avenue;
THENCE along said Westerly ROW line by the following Two (2) courses and distances:
THENCE North 03°55'28" West a distance of 798.24 feet;
THENCE North 05°51'14" West a distance of 13.27 feet to the North line of the Northwest
Quarter of the Southeast Quarter(NW1/4 SE1/4) of said Section 36;
THENCE South 89°49'19" West along the North line of the Northwest Quarter of the Southeast
Quarter (NW1/4 SE1/4) of said Section 36 a distance of 1243.09 feet to the Center Quarter
Corner of said Section 36 and the POINT OF BEGINNING;
{W0736517 UMP, 13 1111111 11111 11111 111111 IIII 111111111111 III 111111 III IIII
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18 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
HUTCHINSON BLACK AND COOK,LLC WILLIAM D.MEYER BRENDAN CHATHAM
JAMES L.CARPENTER,JR. DANA BENNEIT MATTHEWS
BANE P.KERR CONSTANCE TROMBLE EYSTER
ATTORNEYS AT LAW CLARK G.EDWARDS
DAVID M.PACKARD Of Counsel
SINCE r 8 9 r JAMES ENGLAND STANLEY A.BLACK
JOHN B.GREER FORREST E.COOK
921 WALNUT STREET,SUITE 200
C.BRAD PETERSON CHRISTOPHER R.BRAUCHLI
BOULDER,COLORADO 80302 CARLA WILLIAMS SLEDGE DUDLEY I.HUTCHINSON(1887-1967)
KIMBERLY M.HULT DUDLEY I.HUTCHINSON,JR.(1916-1970)
TELEPHONE(303)442-6514 • FAX(303)442-6593 BRIGETTE M.PAIGE T.HENRY HUTCHINSON(1925-2001)
law@hbcboulder.com CHRISTOPHER W.FORD
MAILING ADDRESS A Member of the Network of Leading Law Finns
P.O.BOX 1170 "A World-Wide Association of Independent Law Finns"
BOULDER,COLORADO 80306-1170
R--
January21, 2004 � 1 t gw;, ��.4�aJ� yx�y.,;
F
JAN 22
•
Bruce T. Barker, Esq. WELD COUNTY
Weld County Attorney's Office ATTORNEYS OFFICE
P.O. Box 758
Greeley, CO 80632
Re: Agreement for Donation of Property for Poudre River Trail
Dear Bruce:
Enclosed with this letter are three duplicate original counterparts of the Agreement for
Donation of Property for Poudre River Trail, each executed on behalf of Flatiron Companies
LLC and Cottonwood Land and Farms, Ltd. Each of these documents is missing Exhibit A,
being the Plat with the rough location of the trail. It is my understanding that you will supply
Exhibit A. However, before attaching it to the Agreements and to avoid any misunderstandings,
please fax me a copy (if possible) so that I can have my clients review it to ensure that it meets
their expectations.
It is my understanding that either your office or the Trail Committee will undertake
obtaining the signatures by Lafarge and the City of Greeley. Once the Agreements have been
fully executed, please return two of the original copies to me for dissemination to my clients.
Thank you for your assistance and cooperation in bringing this matter to a conclusion.
V truly
ay!, M. Packard
DMP/lo
Enclosures
(W0748171 DMP)
2004-0400
es ce a WELD COUNTY ATTORNEY'S OFFICE
$1 915 TENTH STREET
�l P.O. BOX 758
GREELEY, CO 80632
IWEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
February 27, 2004
Kevin Moore
LaFarge West, Inc.
P.O. Box 2187
Fort Collins, CO 80522
Re: Agreement for Donation of Property for
Poudre River Trail
Dear Mr. Moore:
•
Enclosed are three originals of an Agreement for Donation of Property for Poudre River Trail for
the donation across the Flatiron Companies LLC and Cottonwood Land &Farms Ltd. properties.
Because LaFarge West, Inc., leases for mining purposes all or a portion of the Cottonwood
property, there is the need for LaFarge to execute the Agreement only for the purpose of showing
it's consent to the donation. The Board of County Commissioners of Weld County approved the
Agreement on February 4, 2004, and Chairman Rob Masden has signed the three originals.
Greeley Mayor Tom Selders has also signed the originals.
I ask that you sign the enclosed originals and return them to me at your earliest convenience.
Thank you for your assistance. If you have any questions regarding this letter or the enclosed,
please call me at (970) 356-4000, ext. 4390.
/'" ere
Bruce T. Barker 2—_____________
Weld County Attorney.
pc: Tom Selders .
FARCE
NORTH AMERICA A
Construction Materials
D
March 04, 2004 MAR 0 8 f
WEIE)
ATTORNEY OFFICE
Bruce T. Baker
Weld County Attorney's Office
915 Tenth Street
PO Box 758
Greeley, CO 80632
Re: Agreement for Donation of Property for Poudre River Trail
Dear Mr. Baker,
Enclosed are three signed originals of an Agreement for Donation of Property for Poudre
River Trail for the donation across the Flatiron Companies LLC and Cottonwood Land &
Farms Ltd. Properties.
If there are any questions regarding the enclosed, please call me at 970-481-3144
Sincerely,
-4)LA)- Nal2A-12-1
Kevin Moore
Director of Operations for Northern Aggregates and Portable Crushing
By Rhonda Berry
Aggregates and Portable Crushing Assistant
•
Western U.S.Region
1800 N.Taft Hill Rd.,P.O.Box 2187,Ft.Collins,Co. 80522
Office:970-407-3600 Fax:970-407-3900
Web:www.lafargenorthamerica.com
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