HomeMy WebLinkAbout20030048.tiff EXHIBIT KK
NEW CONSOLIDATED LOWER BOULDER RESERVOIR
AND DITCH COMPANY
LETTER OF AGREEMENT
PARTIES
The Parties to this Letter of Agreement ("Agreement") are the New Consolidated Lower Boulder
Reservoir and Ditch Company ("Ditch Company") and Weld County Land Company, LLC, a
Colorado limited liability company ("Landowner"). Ditch Company and Landowner are referred
to as the "Parties."
RECITALS
The Parties desire to acknowledge Ditch Company's easement to operate and maintain the
Lower Boulder Ditch (previously known as the Sullivan Irrigation Ditch) (the "Ditch") within
the area shown on EXHIBIT A. Landowner desires permission from Ditch Company to
construct a roadway adjacent to the Ditch as shown on EXHIBIT A. Landowner owns the
property described in EXHIBIT B (the "Property"), which is being developed into a residential
subdivision. Landowner will not cross, relocate, or physically alter the Ditch during
development. The Parties acknowledge the easement associated with the Ditch and state
Landowner's responsibilities adjacent to the Ditch as follows:
A. Landowner acknowledges that Ditch Company owns an easement for the operation
and maintenance of the Ditch. The Parties confirm that the easement does not extend
beyond the area shown on EXHIBIT A, and that the easement shall be labeled on the
final plat of the residential subdivision adjacent to the Ditch.
B. Landowner will have no maintenance responsibility for the Ditch. Ditch Company
shall be responsible for maintaining the Ditch, but shall not have maintenance
responsibilities for the entire area defined in EXHIBIT A, particularly the wetland
area located in the corner of the Property away from the Ditch.
C. In developing of the Property, Landowner will not direct any developed drainage
flows into the Ditch.
D. Landowner will construct a chain link fence at least six feet high along the entire
common boundary between the Easement and the residential subdivision. This fence
will include a gate located at the Ditch access as shown on EXHIBIT A.
E. Landowner will require all homeowners in the residential subdivision being built on
the Property to sign a disclosure form at closing acknowledging the existence of the
Ditch and the inherent dangers.
F. This Agreement shall run with the Property described in EXHIBIT B and be binding
upon the Parties, their legal representatives, successors and assigns. This Agreement
shall be recorded at the cost of Landowner.
2003-0048
Accepted by:
NEW CONSOLIDATED LOWER BOULDER RESERVOIR AND DITCH
COMPANY ��,,,� �77 � --��---
BY: ZLth A a-Z 7)
Alfred Sater, President
Date: fi7 2/ 20, ZovL
ATTEST:
By:
David J. Yardley, Secretary
Date: Wax Zm LO°2_
STATE OF COLORADO )
) ss.
COUNTY OF 6oec )
The foregoing instrument was acknowledged before me this 2-° day of //7a/
2002, by Alfred Sater as President, and David J. Yardley as Secretary, of New Consolidated
Lower Boulder Reservoir and Ditch Company.
Witness my hand and official seal.
My commission expires: 6//75/2.2.- . //
Notary Pr
n n¢uromucw atnncu FflFP ngPFFMENT DCC 05/15/021:12 PM.PMP
ri 1
WELD COUN/ 1LA D'CC P tN LLC
By: Lc!
C ah rles R. Bellock, Manager
Date: jilt le, 2C7J2
STATE OF COLORADO )
) ss.
COUNTY OF 8Ci LI4 CY
The foregoing instrument was acknowledged before me this) `day of Ti,! / [ ,
2002, by Charles R. Bellock, ManagerA*04ounty Land Company, LLC.
``�xx��S�CA c(4/'��ii
Witness my hand and official sea Q,:•
&0T/H
a E -sea-
My commission expires: 7/ o
t'UBLW ::ao
�°.. ... �\ ,A4,/� (&2,4
gnnutpp�u Not Public
n Sri icNTC\N1NEW I F\CDC1LETTER AGREEMENT DOC 06G5/02 8:69 AM-PMP
EXHIBIT A
LOWER BOULDER DITCH
IRRIGATION EASEMENT
The following described irrigation easement is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 88°20'51" West, 2164.22FT feet to the True Point of Beginning;
Thence South 25°29'53" West, 56.83 feet;
Thence South 14°09'47" West, 56.85 feet;
Thence South 20°48'28" East, 38.28 feet;
Thence South 35°05'05" East, 77.73 feet;
Thence South 35°05'05" East, 90.44 feet;
Thence South 13°17'57" East, 92.48 feet;
Thence South 22°18'29" West, 87.38 feet;
Thence South 59°42'38" West, 87.59 feet;
Thence South 74°55'12" West, 75.89 feet;
Thence South 64°09'31" West, 76.38 feet;
Thence South 58°32'37" West, 114.55 feet;
Thence South 55°14'48" West, 125.64 feet;
Thence South 62°51'16" West, 133.90 feet;
Thence North 00°02'45" West, 733.20 feet;
Thence North 89°08'30" East, 478.40 feet to the True Point of Beginning.
Said irrigation easement contains 6.923 acres,more or less.
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COUNTY ROAD
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THE POINT PUP EXHIBIT A
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. VICINITY MAP
BOULDER, CO 80302
PH: 303. 442.2299 FAX: 303. 442. 1241 LOWER BOULDER DITCH EASEMENT
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THE POINT PUD EXHIBIT A
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. CROSS SECTION A-A'
s PH: 303.4421.22299 FAX: 733303. 442. 1241 LOWER BOULDER DITCH EASEMENT
) )
NORTH 1/4 POINT OF
SECTION 33 TRUE POINT OF BEGINNING
3.5" BRASS CAP BEGINNING
1952 FILM 589'08'30"W 2641.99' \
\ NE CORNER
SB8'20'51"W 21fi4.22' _ �secTIDN 33
n 3.5' AL. CAP
_ LS 7242
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NB9'OB'30"E -478.40' --i - - O'
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LOT 14
UNE TAME
\ V LINE BEARING DISTANCE
p L1 525'29'53"W 56.83' 1
N L2 514 '09'47"W 56.85'
'\ C L3 520'48'28"E 38.28'
IRRIGATION EASEMENT • ROW L4 535'05'05"E 77.73'
m FENCE \ , L5 535'05'05"E 90.44'
EOA
L6 513'17'57"E 92.48'
m A • 'j CL L7 522'18'29"W 07.38'
1 LB 559'42'38"W 87.59'
a L9 574'55'12"W 75.89'
uT / / L10 564 '09'31"W 76.38'
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/ L11 558'32'37"W 114.55'
N -' CACS- L12 555'14'48"W 125.64'
o CAC" '. CA L13 562'51' 16"W 133.90'
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/O1°\0S�/ 9 /' LOT 33
CL OF DITCH / .\--'---
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/ SCALE 1"= 150'
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THE POINT PUP
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT A
BOULDER, CO 80302 LOWER BOULDER DITCH EASEMENT
PH: 303. 442.42.2292299 FAX: 303. 442. 1241
•
LEGAL DESCRIP1IQN
•
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 33. TOWNSHIP 2 NORTH, RANGE
58 WEST OF THE 5TH P.M.. WELD COUNTY. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL F
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33 FROM WHENCE THE EAST i/4
CORNER LIES SOUTH 00 '02 01' EAST." 2551.9E FEET:
• . THENCE ALONG THE EAST LINE OF THE NORTHEAST 1)4 OF SAID SECTION 33 SOUTH
00 '02'01' EAST 30.00 FEET:
THENCE ALONG A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT
ANGLES. FROM THE NUMfH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33, SOUTH •
89'08'30' WEST 150.02 FEET TO THE POINT OF BEGINNING: •
THENCE CONTINUING ALONG SAID LINE PARALLEL WITH AND 30.00 FEET DISTANT SOUTHERLY
• FROM TAE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 33, SOUTH 59 '05'30' WEST
2491.97 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
33;
THENCE SOUTH D0 '02'38' EAST 2594.11 FEET ALONG WEST LINE- TO THE SOUTHWEST 1/A
CORNER OF THE NORTHEAST 1/4 OF SECTION 33;
THENCE SOUTH 00 '02'52' EAST 2545.52 FEET ALONG THE WEEST LINE OF THE SE 1/4 OF
SAID SECTION 33 TD A POINT THAT IS 30.00 FEET DISTANT NORTHERLY FROM THE SOUTH
1/4 CORNER OF SAID SECTION 33:
THENCE NORTH 99'37'25' EAST 457.95 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT NORTHERLY FROM THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 33 TO A
POINT ON THE EAST LINE OF A PARCEL RECORDED IN BOOK 1505. RECEPTION NUMBER
.2453280: •
. THENCE ALONG EAST LINE OF SAID PARCEL NORTH 03 '40'23' EAST. 2551. 19 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33;
• THENCE NORTH 89 '57'45' EAST 1951.25 FEET ALONG THE SOUTH LINE OF THE NORTHEAST
1/4 CF SAID SECTION 33 TO A POINT THAT IS 30.00 FEET DISTANT WESTERLY FROM THE
EAST 1/4 CORNER OF SAID SECTION 33:
THENCE NORTH 00'02'01' WEST 722.55 FEET ALONG A LINE PARALLEL WITH AND-30. 00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 TO
• THE SOUTHEAST CORNER OF THE PARCEL RECORDED MAY 13. 1998 AT RECEPTION NUMBER
2912553: •
THENCE ALONG SAID PARCEL THE FOLLOWING THREE COURSES:
SOUTH -553'57"59' WEST 35.3.75 FEET
NORTH 00 '02'01" WEST 240.00 FEET
' NORTH 99'57'54" EAST 363.75 FEET
THENCE NORTH 00 '02'01' WEST 449.50 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 23 TO A
POINT ON THE SOUTH LINE OF THE PARCEL RECORDED AT RECEPTION NUMBER 22258334:
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH S9'57'59' WEST 250.00 FEET TO
THE SOUTHWEST CORNER -OF PARCEL:
THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00.'02'01' WEST 120.00 FEET TD A
POINT ON THE SOUTH LINE OF THAT PARCEL OWNED 5Y NICK HARKALES IN THE YEAR 1948;
THENCE R O
ALONG SOUTH LINE OF SAID PARCEL SOUTH 59'57'59' WEST 10.00 FEET TO THE
FUMWENCEEST ALONGE T WLINEF PARCEL:
OF
H SAID PARCEL NORTH 00 '02'01' WEST 110.00 FEE? TD A
• POINT ON THE SOUTH LINE OF A PARCEL RECORDED JANUARY 29, 1893 IN BOOK 1358 AT
RECEPTION NUMBER 22319925:
THENCE, ALONG SAID PARCEL THE FOLLOWING THREE' COURSES:
SOUTH x9'57'59' WEST 3.30 FEET: •
NORTH 00132'1)1' WEST 55.21 FEET:
NORTH 89 '57'59' EAST 253.30 FEET:
THENCE NORTH 00 '02'01' WEST 353.51 FEET ALONG A LINE PARALLEL WITH AND -30.00
FEET :DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 Tn
THE SOUTHEAST CORNER OF A PARCEL RECORDED APRIL 12. 1945 IN BOOK 1153, - PAGE 15:
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH SS'57'S9' WEST 150.00 FEET:
THENCE NORTH 00 '02'01' WEST 150.00 FEET TO THE NORTHWEST CORNER OF A PARCEL
RECORDED APRIL 24; 1925 IN BOOK 788. PAGE 400:
. THENCE. ALONG NORTH LINE OF SAID PARCEL NORTH $9 '57'59' EAST 150.00 FEET:
-• THENCE NORTH 00 '02'01' WEST anc s FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE DF THE NORTHEAST 1/4 OF SECTION 33:
THENCE'. SOUTH 89 '08'30' WEST 120.01FEET:
THENCE NORTH 00 '02'01' WEST 125.01 FEET TO THE POINT OF BEGINNING.
•
CONTAINING. 125.93 ACRES MORE {3R--Lt S.
EXHIBIT
/-
EXHIBIT LL
LL
Z�y 4
ERIE & COAL CREEK DITCH AND RESERVOIR COMPANY
LICENSE AND EASEMENT AGREEMENT
1. PARTIES. The parties to this Agreement are the ERIE & COAL CREEK
DITCH AND RESERVOIR COMPANY, a Colorado mutual ditch company (Ditch
Company), COMMUNITY DEVELOPMENT GROUP OF ERIE, INC., a Colorado
corporation (Licensee), and WELD COUNTY LAND COMPANY, LLC, a Colorado
limited liability company (Landowner). The Ditch Company, Licensee and Landowner
are referred to as the Parties.
2. RECITALS. The Licensee and Landowner desire to obtain the permission of
the Ditch Company to install a road crossing, a waterline crossing and dry utility
crossings across and under the Ditch, the locations of each of such crossings specifi-
cally described along with the locations of each crossing in EXHIBIT A. Landowner
owns the property described in EXHIBIT B, which is being developed into a residen-
tial subdivision. Further, the Parties desire to further define the historic easement
associated with the Ditch and state the Ditch Company's rights with respect to the
Ditch and the easement so future homeowners in The Pointe Subdivision will be aware
of the rights associated with the Ditch. The Ditch Company agrees to permit the
proposed crossing, subject to the terms, conditions, covenants and agreements set
forth in this Agreement. Accordingly, in consideration of the mutual promises set
forth in this Agreement, the Parties covenant and agree as follows:
3. CONSTRUCTION.
3.1 Pursuant to the terms of this Agreement, the Licensee and Landowner are
granted the license to install, maintain, repair and replace a road crossing
across the Ditch and a waterline crossing and dry utility crossings under the
Ditch (the installations) pursuant to the plans and specifications approved by
the Ditch Company which are attached hereto as EXHIBIT C. The Ditch Com-
pany's review of the plans and specifications is solely for its own benefit and
creates no obligation on the Ditch Company.
3.2 All portions of the Ditch, bottoms, sides, banks, and all affected portions
of the Ditch Company's easement which are disturbed by the Licensee's and
Landowner's installations shall be restored to their original condition so the
flow of the water in the Ditch runs at the original amount and velocity. Any
and all fencing and other facilities appurtenant to the Ditch Company's ease-
ment shall be replaced in a condition at least equal to the condition of such
facilities and appurtenances prior to construction of the installations.
3.3 The Licensee and Landowner shall not spill any dirt, debris or other for-
eign material into the Ditch. In the event that dirt, debris or other foreign
material is spilled into the Ditch, the Licensee and Landowner agree to com-
pletely clean the affected portions of the Ditch.
3.4 The Licensee and Landowner agree that the installations shall proceed
expeditiously and with reasonable diligence from the commencement of con-
struction to its completion. The installations shall be completed by December
31, 2004. If the installations are not completed by that date, this Agreement
expires and is of no force or effect.
3.5 If the Licensee's and/or Landowner's construction interrupts the Ditch
Company's water supply for any reason, the Licensee and/or Landowner shall
pay as liquidated damages $1000 per day for any day that the Ditch Company
has a request for water from a shareholder and cannot deliver water to that
shareholder or shareholders as a result of the installations. No construction
shall occur between April through September 30, unless special construction
methods, approval of which shall not be unreasonably withheld by the Ditch
Company, are utilized. Such improvements will only be considered if they al-
low the Ditch Company to deliver water to shareholders as further delimited in
this agreement.
3.6 It is not known whether Licensee's and/or Landowner's installations re-
quire any local, state, or federal permits or approvals. It is Licensee's and
Landowner's obligation to investigate and determine the need for any such
permits or approvals. The Licensee and Landowner are responsible, at their
own expense, for obtaining all local, state and federal permits or approvals and
for compliance with all local, state and federal laws and regulations including
but not limited to land use and environmental laws and regulations, and specifi-
cally including the Endangered Species Act, prior to beginning construction.
The Licensee and Landowner shall indemnify the Ditch Company for any and
all costs, damages, fines, and fees, including reasonable attorneys' fees in-
curred by the Ditch Company as a result of Licensee's and/or Landowner's
failure to obtain such permits or approvals or failure to comply with all appli-
cable laws and regulations.
4. LICENSE FEE. The Licensee shall pay to the Ditch Company a license fee of
$2,000.00. The license fee shall be paid prior to the commencement of the Licensee's
construction. This license fee shall be in addition to any other costs for which the
Licensee and Landowner are responsible pursuant to this Agreement.
5. DITCH EASEMENT. The Parties acknowledge that the Ditch Company has a
50-foot easement, with 25 feet on either side of the Ditch centerline where the Ditch
GJDLIENISEIECOOCCOG'DITCH AGREEMENT 00C 02/12/02 2:53 PM
2
crosses the southern portion of the property described in EXHIBIT B. The Ditch
Company has a 50-foot easement, with 25 feet on either side of the Ditch centerline
where the Ditch crosses the northern portion of the property described in EXHIBIT B.
A map showing the locations of these easements is attached as EXHIBIT D. Any
improvements or structures, including fences, berms, walls and trees placed within the
easement that interfere with the operation, maintenance, or repair of the Ditch are
done so at the risk of the persons or entities placing the improvements or structures
within the easements. The Ditch Company has 24-hour access to the Ditch and the
easements and the right to use heavy equipment and dump debris from the Ditch onto
the ditch banks, which is the historic practice. No crossings other than the installa-
tions for which permission has been given in this agreement over or under the Ditch
may be installed without a written agreement with the Ditch Company. Additionally,
no water may be discharged into the Ditch without a written agreement with the Ditch
Company. The Ditch Company is solely responsible for the operation and mainte-
nance of the Ditch and is not responsible for removing weeds, trees or maintaining
landscaping on the underlying property.
6. INSPECTION.
6.1 The Licensee and/or Landowner shall notify the Ditch Company at least
five (5) days prior to the commencement of construction of the installations, or
replacement or repair of the installations permitted by this Agreement. The
Ditch Company is permitted to inspect the installations or replacements and re-
pairs during construction. Upon completion of the installations, repairs, or
replacements, as applicable, the Ditch Company may inspect the construction.
6.2 The Ditch Company's right to inspect the Licensee's and/or Landowner's
construction, repair or replacement of the installations in no way relieves the
Licensee and/or Landowner of their liability for improper construction. The
Ditch Company's inspection is solely for the benefit of the Ditch Company and
creates no obligation to the Ditch Company.
7. REIMBURSEMENT OF EXPENSES.
7.1 The Licensee and Landowner agree to reimburse the Ditch Company (or
pay directly) for all reasonable engineering and legal costs incurred by the
Ditch Company in preparing, approving and enforcing this Agreement, the costs
associated with billing and collecting these amounts for the Ditch Company and
the costs of inspection as described in ¶6.
7.2 Statements for the costs chargeable to Licensee and/or Landowner here-
- under will be forwarded to Licensee including copies of all third party invoices,
and the same shall be paid to the Ditch Company within 30 days after the bill-
ing date. If Ditch Company has not received payment within 30 days, Licensee
G\CLIENTSE ECCDC CDMDITCH AGREEMENT.DOC 02/12/02 2.53 PM
3
and/or Landowner shall have breached this Agreement and Ditch Company may
institute legal proceedings to collect the amount due and owing. In such pro-
ceeding, Ditch Company shall be entitled to its costs and reasonable attorneys'
fees from Licensee and/or Landowner.
8. MAINTENANCE.
8.1 Licensee and Landowner specifically agree and pledge to maintain, re-
pair and replace the installations described in EXHIBIT C so as not to damage
the ditch and therefore to require the Ditch Company to maintain, repair or re-
place them do as to alleviate such damage. In the event Licensee and/or
Landowner fail to maintain, repair or replace the installations, within a reason-
able time after notice of the need wherefore from the Ditch Company they shall
be held liable for any loss, damage or injury to the Ditch Company. If the
Ditch Company conducts its' own maintenance, repair or replacement, because
of Licensee's or Landowner's failure to do so it does not waive the right to hold
Licensee and/or Landowner liable for damages caused by Licensee's and/or
Landowner's failure to maintain, repair or replace.
8.2 In the event of an emergency, the Ditch Company, Licensee or Land-
owner may conduct maintenance or repair immediately, giving notice to the
other Parties as soon as possible at the contacts listed in ¶12. If the Ditch
Company conducts said emergency work, it shall be reimbursed for the cost of
said work. Under no circumstances shall the Ditch Company be responsible or
held liable for damage to the installation resulting from maintenance or repair
to the Ditch.
9. WATER LOSS. Licensee and Landowner agree that the installations will not
increase carriage or transit loss over the loss, which occurred historically. Licensee
and Landowner agree to compact earth materials so that such additional water losses
will not occur. If Licensee's and/or Landowner's construction increases carriage or
transit loss in the Ditch, Licensee and Landowner agree to repair the construction to
prevent such additional loss.
10. LIABILITY AND INDEMNIFICATION.
10.1 By virtue of entering into this Agreement, the Ditch Company:
(I) assumes no liability for use, operation, or existence of the Licensee's and/or
Landowner's installations; and (2) assumes no additional responsibilities or ob-
ligations related to the Licensee's and/or Landowner's future or additional
activities in the area described in EXHIBIT B which are required by this
Agreement.
G:ICLIENTSE1ECCDC'COGZITCH AGREEMENT DOC 02/12/02 2'.53 PM
4
10.2 The Licensee and Landowner agree to indemnify and hold harmless the
Ditch Company, from all claims and liability for damage or injury to property
or persons arising or caused directly or indirectly by the Licensee's and/or
Landowner's construction, restoration, repair, maintenance or replacement of,
or failure to maintain, repair or replace the installations and the Licensee's
and/or Landowner's occupancy and use of the area located in EXHIBIT A. Not
withstanding the foregoing neither the Licensee nor Landowner shall be obli-
gated to indemnify the Ditch Company for it's own negligence or acts of
omission.
11. EASEMENT DEEDS. The license granted to the Licensee and Landowner
herein in no way restricts the Ditch Company's right to the use of its easement to
construct, operate, or maintain all existing structures and facilities of the Ditch. Upon
the execution of this Agreement, the Landowner shall execute a deed, the form of
which is attached as EXHIBIT E, conveying to the Ditch Company the 50-foot
easement described in 115. After receiving the deed for the Ditch easement, the Ditch
Company shall grant quitclaim to the Landowner all interest in the property described
in EXHIBIT B, with the exception of the Ditch Easement described in EXHIBIT E.
12. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to whom
such notice is intended to be given at the address set forth below, or at such other
address as has been previously furnished in writing to the other party or parties. Such
notice shall be deemed to have been given when deposited in the U.S. mail.
DITCH COMPANY: COPY TO:
Erie & Coal Creek Ditch Wendy S. Rudnik, Esq.
and Reservoir Company Bernard, Lyons, Gaddis & Kahn, P.C.
c/o Rob Bulthaup, Secretary P.O. Box 978
6297 Potomac Way Longmont, CO 80502-0978
Englewood, CO 80111
LICENSEE: COPY TO:
Community Development Group of Lottner Rubin Fishman Brown & Saul,
Erie, Inc. P.C.
c/o Mike Burns Attn: Alan B. Lottner
2500 Arapahoe Avenue, Suite 220 633 17'h Street, Suite 2700
Boulder, CO 80302 Denver, CO 80202
G.WLIENTSE1EGGOGI000'➢ITGN AGREEMENT 000 02/12/02 2:53 PM
5
LANDOWNER: COPY TO:
Weld County Land Company, LLC
c/o Mike Burns
2500 Arapahoe Avenue, Suite 220
Boulder, CO 80302
13. WAIVER OF BREACH. The waiver by any party to this Agreement of a
breach of any term or provision of this Agreement shall not operate or be construed as
a waiver of any subsequent breach by any party.
14. RECORDATION. This Agreement shall be recorded at the cost of Licensee
and/or Landowner and shall be binding on any successors of the Parties. The benefits
and obligations of this Agreement shall specifically run with the land described in
EXHIBIT B. The Agreement shall be enforceable only against the then current
owner of the property or developer of the property. The failure to record all or
portions of EXHIBIT C because of the size of the documents shall not affect this
Agreement.
15. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
16. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching
party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in
enforcing this Agreement whether or not legal proceedings are instituted.
DATED:
GVCLIENTS\EECCOCICOG DITCH AGREEMENT.DOC 02/12/02 2'53 PM
6
ERIE & COAL CREEK DITCH AND
RESERVOIR COMPANY
a Colorado mutual ditch company
By
Robert Love, President
ATTEST:
Robert Bulthaup, Secretary
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
, 2002, by Robert Love as President, and Robert Bulthaup as Secre-
tary, for the Erie & Coal Creek Ditch and Reservoir Company, a Colorado mutual
ditch company.
Witness my hand and official seal.
My commission expires:
Notary Public
G.1CLIENTSIEECCDG`LCCDITCH AGREEMENT.DOC 02/12/02 2:50 PM
7
COMMUNITY DEVELOPMENT GROUP
OF ERIE, INC.
a Colorado corporation
By
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
, 2002, by for Community Development
Group of Erie, Inc., a Colorado corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
GICLIENTS££CCDO¢OGDITCH AGREEMENT.DOC 02/12/02 2:53 PM
8
WELD COUNTY LAND COMPANY, LLC
a Colorado limited liability company
By
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
, 2002, by for Weld County Land Com-
pany, LLC.
Witness my hand and official seal.
My commission expires:
Notary Public
G 1CLIENTSEIECCDCICCGIDITCH AGREEMENT,DCC 02/12/02 2:53 PM
9
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F. COMMUNITY DEVELOPMENT GROUP OF ERIE. INC. EXHIBIT A
s BOULDER, CO 80302 DITCH CROSSINGS
1 PH: 303. 442.2299 FAX: 303. 442. 1241
EXHIBIT A
DITCH CROSSING A BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 89°37'99" East, 486.00 feet;
Thence North 00°43'54" East, 1014.59 feet to the True Point of Beginning;
Thence North 76°21'33" West to the beginning of a curve concave to the west having a
radius of 970.00 feet and a central angle of 03°06'07" and being subtended by a chord
which bears North 03°47'13" West, 52.51 feet;
Thence northerly along said curve, 52.51 feet to a point of cusp;
Thence South 76°08'57" East, 63.31 feet to the beginning of a curve concave to the west
having a radius of 1030.00 feet and a central angle of 02°53'29" and being subtended by a
chord which bears South 02°44'05" East, 51.97 feet;
Thence southerly along said curve, 51.98 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.072 acres, more or less.
•
EXHIBIT A
DITCH CROSSING B BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 28°41'42" East, 553.47 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 380.00 feet and a central angle of
07°41'04" and being subtended by a chord which bears North 29°24'54" West, 50.93 feet;
Thence northerly along said curve, 50.96 feet to a point of cusp;
Thence North 69°05'48" East, 60.24 feet to the beginning of a curve concave to the
northeast having a radius of 320.00 feet and a central angle of 9°03'34" and being
subtended by a chord which bears South 30°58'50" East 50.54 feet;
Thence southeasterly along said curve, 50.60 feet to a point of cusp;
Thence South 68°32'14" West, 61.55 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.070 acres, more or less.
EXHIBIT A
DITCH CROSSING C BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 77°16'18" West, 1123.55 feet to the True Point of Beginning;
Thence South 28°20'25" East, 72.79 feet;
Thence North 83°51'29" West, 58.21 feet;
Thence North 30°55'17" West, 75.19 feet;
Thence South 83°51'29" East, 62.32 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.083 acres, more or less.
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BOULDER,CO 80302 BOUNDARY OF THE OWNERS PROPERTY
at PH: 303. 442.2299 FAX: 303. 442. 1241
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EXHIBIT B
BOUNDARY OF THE OWNERS PROPERTY
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 33, TOWNSHIP 2 NORTH, RANGE
68 WEST OF THE 6TH P.M., WELD COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL F
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33 FROM WHENCE THE EAST 1/4
CORNER LIES SOUTH 00°02'01' EAST, 2661.98 FEET;
THENCE ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33 SOUTH
00°02'01' EAST 30.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT
ANGLES, FROM THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33, SOUTH
89°08'30' WEST 150.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE PARALLEL WITH AND 30.00 FEET DISTANT SOUTHERLY
FROM THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 33, SOUTH 89°08'30" WEST
2491.97 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33;
THENCE SOUTH 00°02'38' EAST 2594.11 FEET ALONG WEST LINE TO THE SOUTHWEST 1/4
CORNER OF THE NORTHEAST 1/4 OF SECTION 33;
THENCE SOUTH 00°02'52' EAST 2648.52 FEET ALONG THE WEST LINE OF THE SE 1/4 OF
SAID SECTION 33 TO A POINT THAT IS 30.00 FEET DISTANT NORTHERLY FROM THE SOUTH
1/4 CORNER OF SAID SECTION 33;
THENCE NORTH 89°37'29' EAST 487.95 FEET ALONG A LINE PARArLEL WITH AND 30.00
FEET DISTANT NORTHERLY FROM THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 33 TO A
POINT ON THE EAST LINE OF A PARCEL RECORDED IN BOOK 1506, RECEPTION NUMBER 2451280;
THENCE ALONG EAST LINE OF SAID PARCEL NORTH 03°40'23" EAST, 2651.19 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33;
THENCE NORTH 89°57'46' EAST 1951.25 FEET ALONG THE SOUTH LINE OF THE NORTHEAST
1/4 OF SAID SECTION 33 TO A POINT THAT IS 30.00 FEET DISTANT WESTERLY FROM THE
EAST 1/4 CORNER OF SAID SECTION 33;
THENCE NORTH 00°02'01' WEST 722.66 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 TO
THE SOUTHEAST CORNER OF THE PARCEL RECORDED MAY 13, 1998 AT RECEPTION NUMBER 2612563;
THENCE ALONG SAID PARCEL THE FOLLOWING THREE COURSES:
SOUTH 89°57.59' WEST 363.76 FEET;
NORTH 00°02'01' WEST 240.00 FEET;
NORTH 89°57'59' EAST 363.76 FEET;
THENCE NORTH 00°02'01' WEST 449.60 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 TO A
POINT ON THE SOUTH LINE OF THE PARCEL RECORDED AT RECEPTION NUMBER 2288334;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°57'59" WEST 250.00 FEET TO
THE SOUTHWEST CORNER OF PARCEL;
THENCE ALONG THE WEST LINE OF SAID PARCEL NORTH 00°02'01" WEST 120.00 FEET TO A
POINT ON THE SOUTH LINE OF THAT PARCEL OWNED BY NICK HARKALES IN THE YEAR 1948;
THENCE ALONG SOUTH LINE OF SAID PARCEL SOUTH 89°57'59' WEST 10.00 FEET TO THE
SOUTHWEST CORNER OF THE PARCEL;
THENCE ALONG WEST LINE OF SAID PARCEL NORTH 00°02.01' WEST 110.00 FEET TO A
POINT ON THE SOUTH LINE OF A PARCEL RECORDED JANUARY 29, 1993 IN HOOK 1368 AT
RECEPTION NUMBER 2319926;
THENCE ALONG SAID PARCEL THE FOLLOWING THREE COURSES:
SOUTH 89°57'59' WEST 3.30 FEET;
NORTH 00°02'01' WEST 56.21 FEET;
NORTH 89°57'59' EAST 263.30 FEET;
THENCE NORTH 00°02'01" WEST 353.51 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 TO
THE SOUTHEAST CORNER OF A PARCEL RECORDED APRIL 12, 1945 IN BOOK 1153, PAGE 15;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°57'59' WEST 150.00 FEET;
THENCE NORTH 00°02'01' WEST 150.00 FEET TO THE NORTHWEST CORNER OF A PARCEL
RECORDED APRIL 24, 1926 IN BOOK 788, PAGE 400;
THENCE ALONG NORTH LINE OF SAID PARCEL NORTH 89°57'59" EAST 150.00 FEET;
THENCE NORTH 00°02'01' WEST 304.55 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33;
THENCE SOUTH 89°08'30' WEST 120.01 FEET;
THENCE NORTH 00°02'01' WEST 125.01 FEET TO THE POINT OF BEGINNING.
�` CONTAINING 186.96 ACRES MORE OR LESS.
SCALE 1"= 600
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COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT C
442.229co 80302 PROPOSED CULVERT LOCATION
PH: BOULDER,303. 442.2299 FAX: 303. 442. 1241
a2/20/2Q02 14:02 356-6486 .1 PICKETT ENGINEERING PAGE 02
EXHIBIT C
PROPOSED CULVERTS
Assumptions for the proposed culvert analysis:
• length of 60-feet,
• slope of 1 percent,
• concrete headwall for the inlet type,
• and no freeboard or road overtopping was taken into account.
The following table summarizes the results.
Culvert Flow Size Material Gage
(Cs) _n)
A 55 1-54 Galvanized corrugated metal pipe 16
6 58 1-66 Galvanized corrugated metal pipe 16
C 26 1-42 Galvanized corrugated metal pipe 16
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COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT D
BOULDER, CO B0302 IRRIGATION EASEMENT
PH: 303. 442.2299 FAX: 303. 442. 1241
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EXHIBIT D
DITCH SEGMENT A
IRRIGATION EASEMENT
The following described fifty (50) foot irrigation easement is located in a part of the East
Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described
as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West 1498.89 feet to the True Point of Beginning;
Thence North 00°02'45" West, 62.46 feet;
Thence South 53°13'29" East, 52.56 feet;
Thence South 36°54'48" East, 64.81 feet;
Thence South 36°18'09" East, 79.00 feet;
Thence South 46°23'20" East, 81.10 feet;
Thence South 30°12'09" East, 64.13 feet;
Thence South 10°10'00" East, 55.54 feet;
Thence South 18°53'08" East, 46.52 feet;
Thence South 46°13'06" East, 42.34 feet;
Thence South 53°22'21" East, 125.84 feet;
Thence South 76°00'19" East, 62.93 feet to the beginning of a curve concave to the west
having a radius of 970.00 feet and a central angle of 03°06'07" and being subtended by a
chord which bears South 03°47'13" East, 52.51 feet;
Thence southerly along said curve, 52.51 feet to a point of cusp;
Thence North 76°00'19" West, 88.97 feet;
Thence North 53°22'21" West, 138.97 feet;
Thence North 46°13'06" West, 57.62 feet;
Thence North 18°53'08" West, 62.49 feet;
Thence North 10°10'00" West, 50.52 feet;
• Thence North 30°12'09" West, 48.18 feet;
Thence North 46°23'20" West, 78.40 feet;
Thence North 36°18'09" West, 83.15 feet;
Thence North 36°54'48" West, 57.38 feet;
Thence North 53°13'29" West, 7.96 feet to the True Point of Beginning.
Said permanent irrigation easement contains 0.744 acres, more or less.
EXHIBIT D
DITCH SEGMENT B
IRRIGATION EASEMENT
The following described fifty (50) foot irrigation easement is located in a part of the East
Half of Section 33, T2N,R68E, of the 6th P.M., Weld County, Colorado and is described
as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 89°37'29 East, 486.00 feet;
Thence North 03°40'23" East, 1004.60 feet to the True Point of Beginning;
Thence North 76°53'29" West, 52.78 feet to the beginning of a curve concave to the west
having a radius of 1030.00 feet and a central angle of 2°53'29" and being subtended by a
chord which bears North 02°44'05" West, 51.97 feet;
Thence northerly along said curve, 51.98 feet to a point of cusp;
Thence South 76°53'29" East, 58.66 feet;
Thence South 03°40'23" West, 50.69 feet to the True Point of Beginning.
Said permanent irrigation easement contains 0.064 acres, more or less.
EXHIBIT D
DITCH SEGMENT C
IRRIGATION EASEMENT
The following described fifty(50) foot irrigation easement is located in a part of the East
Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described
as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 3149.58 feet to the True Point of Beginning;
Thence North 00°02'45" West, 51.69 feet;
Thence North 75°14'56" East, 27.98 feet;
Thence North 85°13'11" East, 40.30 feet;
Thence South 82°22'11" East, 38.69 feet;
Thence South 71°07'22" East, 30.85 feet;
Thence South 79°17'54" East, 22.14 feet;
Thence North 87°00'21" East, 44.17 feet;
Thence North 71°31'48" East, 42.74 feet to the beginning of a curve concave to the
northeast having a radius of 380.00 feet and a central angle of 07°41'04" and being
subtended by a chord which bears South 29°24'54" East, 50.93 feet;
Thence southeasterly along said curve, 50.96 feet to a point of cusp;
Thence South 71°31'48" West, 59.20 feet;
Thence South 87°00'21" West, 56.97 feet;
Thence North 79°17'54" West, 31.72 feet;
Thence North 71°07'22" West, 29.50 feet;
Thence North 82°22'11" West, 28.33 feet;
Thence South 85°13'11" West, 30.51 feet;
Thence South 75°14'56" West, 36.74 feet to the True Point of Beginning.
Said permanent irrigation easement contains 0.298 acres, more or less.
eaN
EXHIBIT D
DITCH SEGMENT D
IRRIGATION EASEMENT
The following described fifty (50) foot irrigation easement is located in a part of the East
Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described
as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 32°27'02" East, 602.02 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 320.00 feet and a central angle of
09°03'34" and being subtended by a chord which bears North 30°58'50" West 50.54 feet;
Thence northwesterly along said curve, 50.60 feet to a point of cusp;
Thence North 50°36'18" East, 7.57 feet;
Thence North 31°24'01" East, 102.78 feet;
Thence North 32°31'13" East, 131.65 feet;
Thence North 36°17'29" East, 107.39 feet;
Thence North 34°09'26" East, 129.61 feet;
Thence North 26°59'27" East, 297.41 feet;
Thence North 36°53'25" East, 148.17 feet;
Thence North 40°14'08" East, 122.57 feet;
Thence North 38°45'49" East, 222.03 feet;
Thence North 35°08'43" East, 217.85 feet;
Thence North 27°57'26" East, 83.52 feet;
Thence North 34°41'18" East, 82.79 feet;
Thence North 52°13'48" East, 73.92 feet;
Thence North 47°10'31" East, 195.78 feet;
Thence North 54°26'38" East, 86.01 feet;
Thence North 50°37'15" East, 84.43 feet;
Thence North 37°05'33" East, 16.70 feet;
Thence North 02°15'27" West, 17.25 feet;
Thence North 13°17'29" West, 67.47 feet;
Thence North 24°39'25" West, 67.40 feet;
Thence South 83°51'29" East, 58.21 feet;
Thence South 24°39'25" East, 42.57 feet;
Thence South 13°17'29" East, 77.27 feet;
Thence South 02°15'27" East, 39.95 feet;
Thence South 37°05'33" West, 40.50 feet;
Thence South 50°37'15" West, 92.03 feet;
Thence South 54°26'38" West, 84.50 feet;
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i Thence South 47°10'31" West, 194.81 feet;
Thence South 52°13'48" West, 68.42 feet;
Thence South 34°41'18" West, 72.13 feet;
Thence South 27°57'26" West, 83.72 feet;
Thence South 35°08'43" West, 222.57 feet;
Thence South 38°45'49" West, 224.25 feet;
Thence South 40°14'08" West, 121.75 feet;
Thence South 36°53'25" West, 142.38 feet;
Thence South 26°59'27" West, 296.21 feet;
Thence South 34°09'26" West, 133.68 feet;
Thence South 36°17'29" West, 106.67 feet;
Thence South 32°31'13" West, 129.51 feet;
Thence South 31°24'01" West, 110.75 feet;
Thence South 50°36'18" West, 23.43 feet to the True Point of Beginning.
Said permanent irrigation easement contains 2.623 acres, more or less.
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EXHIBIT D
DITCH SEGMENT E
IRRIGATION EASEMENT
The following described fifty (50) foot irrigation easement is located in a part of the East
Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described
as follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 87°41'20" West, 1183.20 feet to the True Point of Beginning;
Thence South 18°41'16" East, 64.26 feet;
Thence South 21°37'41" East, 90.21 feet;
Thence South 30°30'11" East, 63.95 feet;
Thence North 83°5 P29" West, 62.32 feet;
Thence North 30°30'11" West, 30.64 feet;
Thence North 21°37'41" West, 95.37 feet;
Thence North 18°41'16" West, 81.63 feet;
Thence North 89°08'30" East, 52.52 feet to the True Point of Beginning.
Said permanent irrigation easement contains 0.245 acres, more or less.
EXHIBIT E
WARRANTY EASEMENT DEED
Grantor, Weld County Land Company, LLC, a Colorado limited liability company, whose address is
2500 Arapahoe Avenue, Suite 220, Boulder, Colorado 80302,
for the consideration of ten and 00/100 DOLLARS, in hand paid, hereby sell(s) and convey(s)to Erie &
Coal Creek Ditch and Reservoir Company,whose legal address is
c/o Robert Bulthaup, Secretary, 6297 S. Potomac Way, Englewood, Colorado, 80111, County of
and State of Colorado (Grantee),
the following real property in the County of Weld and State of Colorado,to wit:
A non-exclusive easement as more fully described on the attached EXHIBIT E-1 for the installation,
operation, maintenance, repair and replacement of the Erie and Coal Creek Ditch ("Ditch"). Any
improvements or structures, including fences, berms, walls and trees, planted in the easement that
interfere with the operation, maintenance, repair and replacement are done so at the risk of the persons or
entities placing the improvements or structures on the property described in EXHIBIT E-1. Grantee
may demand the removal of such improvements or remove the improvements at any time for the
purposes of operating, maintaining, repairing or replacing the Ditch provided the Grantee shall not be
entitled to demand removal with respect to improvements which Grantee has granted permission to
Grantor or others to install. Any property damage incurred as a result of normal operation, maintenance,
replacement or repair within the easement including removal of any improvements which interfere with
the use of the easement except for those described above shall be the responsibility of the Grantor, its
successors and assigns, and not the responsibility of Grantee.
with all its appurtenances, and warrant(s) the title to the same against claims as parties arising by,
through or under Grantor.
DATED:
WELD COUNTY LAND COMPANY,LLC
a Colorado limited liability company
Manager
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
200 , by as Manager of Weld County Land Company, LLC.
Witness my hand and official seal.
My commission expires:
Notary Public
G:1Gl1EM5*FEGG00000NITGM AGREEMENT.DOC 02/12/02 3:06 PM
14
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i
A THE POINT PUD
Y COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT E-T
BOULDER, CO 80302 EASEMENT TO WARRANTY DEED
s PH: 303.442.2299 FAX: 303. 442. 1241
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EXHIBIT E-1
DITCH SEGMENT A
EASEMENT TO WARRANTY DEED
The following described fifty (50) foot easement to warranty deed is located in a part of
the East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West 1498.89 feet to the True Point of Beginning;
Thence North 00°02'45" West, 62.46 feet;
Thence South 53°13'29" East, 52.56 feet;
Thence South 36°54'48" East, 64.81 feet;
Thence South 36°18'09" East, 79.00 feet;
Thence South 46°23'20" East, 81.10 feet;
Thence South 30°12'09" East, 64.13 feet;
Thence South 10°10'00" East, 55.54 feet;
Thence South 18°53'08" East, 46.52 feet;
Thence South 46°13'06" East, 42.34 feet;
Thence South 53°22'21" East, 125.84 feet;
Thence South 76°00'19" East, 62.93 feet to the beginning of a curve concave to the west
having a radius of 970.00 feet and a central angle of 03°06'07" and being subtended by a
chord which bears South 03°47'13" East, 52.51 feet;
Thence southerly along said curve, 52.51 feet to a point of cusp;
Thence North 76°00'19" West, 88.97 feet;
Thence North 53°22'21" West, 138.97 feet;
Thence North 46°13'06" West, 57.62 feet;
Thence North 18°53'08" West, 62.49 feet;
Thence North 10°10'00" West, 50.52 feet;
Thence North 30°12'09" West, 48.18 feet;
Thence North 46°23'20" West, 78.40 feet;
Thence North 36°18'09" West, 83.15 feet;
Thence North 36°54'48" West, 57.38 feet;
Thence North 53°13'29" West, 7.96 feet to the True Point of Beginning.
Said easement to warranty deed contains 0.744 acres, more or less.
EXHIBIT IBIT E-1
DITCH SEGMENT B
EASEMENT TO WARRANTY DEED
The following described fifty (50) foot easement to warranty deed is located in a part of
the East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 89°37'29 East, 486.00 feet;
Thence North 03°40'23" East, 1004.60 feet to the True Point of Beginning;
Thence North 76°53'29" West, 52.78 feet to the beginning of a curve concave to the west
having a radius of 1030.00 feet and a central angle of 2°53'29" and being subtended by a
chord which bears North 02°44'05" West, 51.97 feet;
Thence northerly along said curve, 51.98 feet to a point of cusp;
Thence South 76°53'29" East, 58.66 feet;
Thence South 03°40'23" West, 50.69 feet to the True Point of Beginning.
Said easement to warranty deed contains 0.064 acres, more or less.
�" EDIT E-1
DITCH SEGMENT C
EASEMENT TO WARRANTY DEED
The following described fifty (50) foot easement to warranty deed is located in a part of
the East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 3149.58 feet to the True Point of Beginning;
Thence North 00°02'45" West, 51.69 feet;
Thence North 75°14'56" East, 27.98 feet;
Thence North 85°13'1l" East, 40.30 feet;
Thence South 82°22'11" East, 38.69 feet;
Thence South 71°07'22" East, 30.85 feet;
Thence South 79°17'54" East, 22.14 feet;
Thence North 87°00'21" East, 44.17 feet;
^ Thence North 71°31'48" East, 42.74 feet to the beginning of a curve concave to the
northeast having a radius of 380.00 feet and a central angle of 07°41'04" and being
subtended by a chord which bears South 29°24'54" East, 50.93 feet;
Thence southeasterly along said curve, 50.96 feet to a point of cusp;
Thence South 71°31'48" West, 59.20 feet;
Thence South 87°00'21" West, 56.97 feet;
Thence North 79°17'54" West, 31.72 feet;
Thence North 71°07'22" West, 29.50 feet;
Thence North 82°22'11" West, 28.33 feet;
Thence South 85°13'11" West, 30.51 feet;
Thence South 75°14'56" West, 36.74 feet to the True Point of Beginning.
Said easement to warranty deed contains 0.298 acres, more or less.
^.
EXHIBIT E-1
DITCH SEGMENT D
EASEMENT TO WARRANTY DEED
The following described fifty(50) foot easement to warranty deed is located in a part of
the East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 32°27'02" East, 602.02 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 320.00 feet and a central angle of
09°03'34" and being subtended by a chord which bears North 30°58'50" West 50.54 feet;
Thence northwesterly along said curve, 50.60 feet to a point of cusp;
Thence North 50°36'18" East, 7.57 feet;
Thence North 31°24'01" East, 102.78 feet;
Thence North 32°31'13" East, 131.65 feet;
Thence North 36°17'29" East, 107.39 feet;
Thence North 34°09'26" East, 129.61 feet;
Thence North 26°59'27" East, 297.41 feet;
Thence North 36°53'25" East, 148.17 feet;
Thence North 40°14'08" East, 122.57 feet;
Thence North 38°45'49" East, 222.03 feet;
Thence North 35°08'43" East, 217.85 feet;
Thence North 27°57'26" East, 83.52 feet;
Thence North 34°41'18" East, 82.79 feet;
Thence North 52°13'48" East, 73.92 feet;
Thence North 47°10'31" East, 195.78 feet;
Thence North 54°26'38" East, 86.01 feet;
Thence North 50°37'15" East, 84.43 feet;
Thence North 37°05'33" East, 16.70 feet;
Thence North 02°15'27" West, 17.25 feet;
Thence North 13°17'29" West, 67.47 feet;
Thence North 24°39'25" West, 67.40 feet;
Thence South 83°51'29" East, 58.21 feet;
Thence South 24°39'25" East, 42.57 feet;
Thence South 13°17'29" East, 77.27 feet;
Thence South 02°15'27" East, 39.95 feet;
Thence South 37°05'33" West, 40.50 feet;
Thence South 50°37'15" West, 92.03 feet;
Thence South 54°26'38" West, 84.50 feet;
Thence South 47°10'31" West, 194.81 feet;
Thence South 52°13'48" West, 68.42 feet;
Thence South 34°41'18" West, 72.13 feet;
Thence South 2797'26" West, 83.72 feet;
Thence South 35°08'43" West, 222.57 feet;
Thence South 38°45'49" West, 224.25 feet;
Thence South 40°14'08" West, 121.75 feet;
Thence South 36°53'25" West, 142.38 feet;
Thence South 26°59'27" West, 296.21 feet;
Thence South 34°09'26" West, 133.68 feet;
Thence South 36°17'29" West, 106.67 feet;
Thence South 32°31'13" West, 129.51 feet;
Thence South 31°24'01" West, 110.75 feet;
Thence South 50°36'18" West, 23.43 feet to the True Point of Beginning.
Said easement to warranty deed contains 2.623 acres, more or less.
EXHIBIT E-1
DITCH SEGMENT E
EASEMENT TO WARRANTY DEED
The following described fifty (50) foot easement to warranty deed is located in a part of
the East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 87°41'20" West, 1183.20 feet to the True Point of Beginning;
Thence South 18°41'16" East, 64.26 feet;
Thence South 21°37'41" East, 90.21 feet;
Thence South 30°30'11" East, 63.95 feet;
Thence North 83°51'29" West, 62.32 feet;
Thence North 30°30'11" West, 30.64 feet;
Thence North 21°37'41" West, 95.37 feet;
Thence North 18°41'16" West, 81.63 feet;
Thence North 89°08'30" East, 52.52 feet to the True Point of Beginning.
Said easement to warranty deed contains 0.245 acres,more or less.
•
EXHIBIT MN
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
PPIPPPNIP
Division of minerals and Geology
D13 Denver,
C tl of Natural Resources
7373 Sherman Street,Room 715
Denver,Colorado 80203 February 25, 2002
Phone:(303)866.2671
FAX:(303)866-2461 DEPARTMENT OF
NATURAL
RESOURCES
Ms Lauren Light NW33 T2N R68W Bill ns
Weld County Planning Governor
o
1555 N. 17th Ave Greg E.Walther
Greeley, CO 80631 Executive Director
Mieteion D d.tzt
Di. irector
Re: The Pointe Vicki Cowan
CGS Review No. WE-01-0064 State i actor
and Director
Dear Ms Light:
The submitted material for The Pointe PUD includes a Percolation Testing and Limited
Investigation report prepared by Scott, Cox &Associates (April 2001) and a letter report
on mine subsidence prepared by Western Environment & Ecology (December 2001).
The property is located around the Erie Strip Mine and is planned for residential
development.
Subsidence. We agree with the assessment from WE&E that the site does not pose a
subsidence hazard from underground mines.
Slopes. The outline of the Erie Strip Mine is shown on the plat, and includes much of the
acreage of the lots (27 through 37) within the central ring road. Although the mine was
reclaimed, it is more than likely that the soil was not compacted with thought toward
future construction. We recommend that a topographic map of the site be prepared on a
scale 1 inch = 200 ft so that the slopes around the extracted area are displayed- From my
site visit I observed that although lots 27 through 30 are large (greater than 4 acres) they
actually have very little buildable space, which would be that part located east of the gas
line easement; steep grades sloping toward the extracted area begin just west of the
easement. Considering setbacks and oversizing of leach fields, I suggest that building
and ]each field envelopes be established for these lots so that it can be confirmed there is
room for the necessary improvements. The same should be done for lot 31, which
contains an irrigation ditch, a wetlands, and a gas line easement.
We recommend that the slopes surrounding the pit be excluded from construction unless
lot specific slope stability analyses are performed. This should be stated in a plat note
and should be a condition on receiving a building permit. Alternatively, the slopes might
be designated a no-build zone. A topographic map will be necessary to locate the break
in slopes. .—.— .—.— — — — —// —` — -- —
Post-tta Fax Note 7671 :DP
To
; N kt
coJ[leF�i d r, � vw,. ° c--� sU& /
Phone a NJ Phil Ri
FEB-25-2002 12:47Pµ FROM-Colorado Geatpeical Survey 3038662461 T-955 P.002/002 F-479
�., The Pointe PUD,p.2
Soil/bedrock. A nominal number of borings should be drilled(minimum of 10, with half
located within the ring road)for the purpose of collecting soil samples for analysis of
geotechnical characteristics. These will determine what earthwork and foundation
mitigation, if any, might be required at the site. This is particularly important for lots 27
through 31, and lots 35 through 37, which will probably have some construction on
reclaimed land.
Drainage. The percolation test report did not mention the presence of shallow
groundwater; however,it appears that the field work was done before the spring and
summer wet season, and before seasonal irrigation was initiated. The borings that will be
drilled for sample collection should be drilled during a seasonally wet time of year after
irrigation has begun to determine at what depth groundwater is found. The irrigation
ditches support a few wetlands, and it will be important to know what drainage mitigation
might be required,particularly on lots adjacent to the ditches. Shallow groundwater
might present limitations for basement and leach field construction.
ISDS. The lots are generally large, but many contain constraints for ISDS. SC&A
mention that leach field design will need to be engineered for many of the lots, and this
must account for the secondary leach field site, as well. The oversizing of the fields that
will be required means that on some lots, '/a acre or more will be relegated to leach fields
alone. In addition, there must be adequate setback from slopes, ditches, and wetland
areas. Also, construction within the gas line easement is not permitted. We suggest that
these conditions be listed as a plat note on ISDS, along with mention that septic systems
will need to be engineered. Because of the oversizing, we suggest that the delivery
process include a dosing system or some other provision to allow wastewater to be evenly
distributed across the field. The Weld County Department of Environmental Health
should closely review the site to determine whether additional recommendations on ISDS
are necessary.
Conservation easement. We note that much of the area of the Erie Strip Mine, and also
areas within a 200-ft radius of an oil well, and along water line and gas line easements is
designated as conservation easement. We suggest that Weld County confirm that the
land qualifies for conservation easement status.
We recommend that the above items be addressed before approval of the PLTD. Please
call me if there are any questions.
igtzlyatyliv1/44,t,c,
,
Celia Gree an
Geologist
cc: Mike Bums
r-.
w
ERIE & COAL CREEK DITCH AND RESERVOIR COMPANY
AGREEMENT TO GRANT LICENSE
AND TO CONVEY OWNERSHIP OF REAL PROPERTY
1. PARTIES. The parties to this Agreement are the ERIE & COAL CREEK
DITCH AND RESERVOIR COMPANY, a Colorado mutual ditch company (Ditch
Company), COMMUNITY DEVELOPMENT GROUP OF ERIE, INC., a Colorado
corporation (Licensee), and WELD COUNTY LAND COMPANY, LLC, a Colorado
limited liability company (Landowner). The Ditch Company, Licensee and Landowner
are referred to as the Parties.
2. RECITALS. The Licensee and Landowner desire to obtain the permission of
the Ditch Company to install a road crossing, a waterline crossing and dry utility
crossings across ("Installations") and under the Erie and Coal Creek Ditch ("Ditch"),
the locations of each of such crossings specifically described along with the locations
of each crossing in EXHIBIT A. Landowner owns the property described in EX-
HIBIT B, which is being developed into a residential subdivision. Landowner agrees
�-. to transfer to the Ditch Company fee simple ownership in the property that corre-
sponds to the Ditch Company's historic easement ("Ditch Property"). The Ditch
Company agrees to permit the proposed crossing, subject to the terms, conditions,
covenants and agreements set forth in this Agreement. Accordingly, in consideration
of the mutual promises set forth in this Agreement, the Parties covenant and agree as
follows:
3. CONSTRUCTION.
3.1 Pursuant to the terms of this Agreement, the Licensee and Landowner
are granted the license to install, maintain, repair and replace a road crossing
across the Ditch and a waterline crossing and dry utility crossings under the
Ditch pursuant to the proposed plans and specifications approved by the Ditch
Company which are attached hereto as EXHIBIT C. The Ditch Company's re-
view of the plans and specifications is solely for its own benefit and creates no
obligation on the Ditch Company.
3.2 Prior to construction, Licensee shall provide the Ditch Company with fi-
nal plans and specifications for the Ditch Company's review. The Ditch
Company shall not unreasonably withhold approval. The Ditch Company's
shall accept the final plans and specifications if they are identical to the pro-
posed plans and specifications attached as EXHIBIT C or, if they are different,
the differences in the plans and specifications would not cause injury or ad-
versely impact the operation and maintenance of the Ditch.
3.3 All portions of the Ditch, bottoms, sides, banks, and all affected portions
of the Ditch Company's Ditch Property which are disturbed by the Licensee's
and Landowner's construction of the Installations shall be restored to their
original condition so the flow of the water in the Ditch runs at the original
amount and velocity. Any and all fencing and other facilities appurtenant to
the Ditch Company's Ditch Property shall be replaced in a condition at least
equal to the condition of such facilities and appurtenances prior to construction
of the Installations.
3.4 The Licensee and Landowner shall not spill any dirt, debris or other for-
eign material into the Ditch. In the event that dirt, debris or other foreign
material is spilled into the Ditch, the Licensee and Landowner agree to com-
pletely clean the affected portions of the Ditch.
3.5 The Licensee and Landowner agree that the Installations shall proceed
expeditiously and with reasonable diligence from the commencement of con-
struction to its completion. The Installations shall be completed by December
31, 2004. If the Installations are not completed by that date, this Agreement
expires and is of no force or effect.
3.6 If the Licensee's and/or Landowner's construction interrupts the Ditch
Company's water supply for any reason, the Licensee and/or Landowner shall
pay as liquidated damages $1000 per day for any day that the Ditch Company
has a request for water from a shareholder and cannot deliver water to that
shareholder or shareholders as a result of the Installations. No construction
shall occur between April 1 and September 30, unless special construction
methods, approval of which shall not be unreasonably withheld by the Ditch
Company, are utilized. Such improvements will only be considered if they al-
low the Ditch Company to deliver water to shareholders as further delineated in
this agreement.
3.7 It is not known whether Licensee's and/or Landowner's Installations re-
quire any local, state, or federal permits or approvals. It is Licensee's and
Landowner's obligation to investigate and determine the need for any such
permits or approvals. The Licensee and Landowner are responsible, at their
own expense, for obtaining all local, state and federal permits or approvals and
for compliance with all local, state and federal laws and regulations including
but not limited to land use and environmental laws and regulations, and spe-
cifically including the Endangered Species Act, prior to beginning
construction. The Licensee and Landowner shall indemnify the Ditch Company
for any and all costs, damages, fines, and fees, including reasonable attorneys'
fees incurred by the Ditch Company as a result of Licensee's and/or Land-
G1CYmb\aEc c%C0G,ECC0O0GG Crossing Agreement and Conveyance of Properly FMlLL.Ooc 09/18/0212:19 PM
2
owner's failure to obtain such permits or approvals or failure to comply with all
applicable laws and regulations.
4. LICENSE FEE. The Licensee shall pay to the Ditch Company a license fee of
$2,000.00. The license fee shall be paid prior to the commencement of the Licensee's
construction. This license fee shall be in addition to any other costs for which the
Licensee and Landowner are responsible pursuant to this Agreement.
5. DITCH PROPERTY.
5.1 The Parties acknowledge that the Ditch Company currently has a historic
easement for the Ditch where it crosses the property described in EXHIBIT B.
A map and a legal description of these easements are attached as EXHIBIT D.
Ditch Company shall continue to own the aforementioned easements until the
Ditch Property is conveyed to the Ditch Company.
5.2 Upon the Ditch Company's approval of the final plans and specifications
pursuant to ¶3.2, the Landowner shall execute a warranty deed, the form of
which is attached as EXHIBIT E, conveying to the Ditch Company fee simple
ownership of the Ditch and 25 feet on either side of the Ditch centerline as de-
scribed in EXHIBIT E-1. After receiving the warranty deed for the Ditch
Property, the Ditch Company shall quitclaim to the Landowner all interest in
the property described in EXHIBIT B, with the exception of the Ditch Property
described in EXHIBIT E.
5.3 Neither improvements nor structures, including fences, berms, walls and
trees shall be placed within the Ditch Property. The Ditch Company has 24-
hour access to the Ditch and the Ditch Property and the right to use heavy
equipment and dump debris from the Ditch onto the ditch banks, which is the
historic practice. No crossings other than the Installations for which permis-
sion has been given in this agreement over or under the Ditch Property may be
installed without a written agreement with the Ditch Company. Additionally,
no water may be discharged into the Ditch without a written agreement with the
Ditch Company. The Ditch Company is solely responsible for the operation
and maintenance of the Ditch. The Ditch Company is not responsible for re-
moving weeds, trees or maintaining landscaping on the underlying property
until the Ditch Property is conveyed to the Ditch Company.
G:1CMb1EMOMMC0GECCOCCOG Craning Agreement fl Conveyance of Properly FINAL dm 09/18/02 12:10 PM
3
6. INSPECTION.
6.1 The Licensee and/or Landowner shall notify the Ditch Company at least
five (5) days prior to the commencement of construction of the Installations, or
replacement or repair of the Installations permitted by this Agreement. The
Ditch Company is permitted to inspect the Installations or replacements and re-
pairs during construction. Upon completion of the Installations, repairs, or
replacements, as applicable, the Ditch Company may inspect the construction.
6.2 The Ditch Company's right to inspect the Licensee's and/or Landowner's
construction, repair or replacement of the Installations in no way relieves the
Licensee and/or Landowner of their liability for improper construction. The
Ditch Company's inspection is solely for the benefit of the Ditch Company and
creates no obligation to the Ditch Company.
7. REIMBURSEMENT OF EXPENSES.
7.1 The Licensee and Landowner agree to reimburse the Ditch Company (or
pay directly) for all reasonable engineering and legal costs incurred by the
Ditch Company inpreparing, a rovin and enforcing this Agreement, the
P Y approving g
costs associated with billing and collecting these amounts for the Ditch Com-
pany and the costs of inspection as described in ¶6.
7.2 Statements for the costs chargeable to Licensee and/or Landowner here-
under will be forwarded to Licensee including copies of all third party
invoices, and the same shall be paid to the Ditch Company within 30 days after
the billing date. If Ditch Company has not received payment within 30 days,
Licensee and/or Landowner shall have breached this Agreement and Ditch
Company may institute legal proceedings to collect the amount due and owing.
In such proceeding, Ditch Company shall be entitled to its costs and reasonable
attorneys' fees from Licensee and/or Landowner.
8. MAINTENANCE.
8.1 Licensee and Landowner specifically agree to maintain, repair and re-
place the Installations described in EXHIBIT C so as not to damage the Ditch
or the Ditch Property. In the event Licensee and/or Landowner fail to main-
tain, repair or replace the Installations, within a reasonable time after notice of
the need therefor from the Ditch Company they shall be liable for any loss,
damage or injury to the Ditch Company. If the Ditch Company conducts its'
own maintenance, repair or replacement, because of Licensee's or Landowner's
failure to do so it does not waive the right to hold Licensee and/or Landowner
Oa.*'FEccdcICDOIECCDCCDO Gossip AP:moment and Ccnvepnc.of Properly FBUL.E¢
09/18/02 1I'18 PM
4
liable for damages caused by Licensee's and/or Landowner's failure to main-
tain, repair or replace.
8.2 In the event of an emergency, the Ditch Company, Licensee or Land-
owner may conduct maintenance or repair immediately, giving notice to the
other Parties as soon as possible at the contacts listed in ¶11. If the Ditch
Company conducts said emergency work, it shall be reimbursed for the cost of
said work. Under no circumstances shall the Ditch Company be responsible or
held liable for damage to the installation resulting from maintenance of or re-
pair to the Ditch.
9. WATER LOSS. Licensee and Landowner agree that the Installations will not
increase carriage or transit loss over the loss, which occurred historically. Licensee
and Landowner agree to compact earth materials so that such additional water losses
will not occur. If Licensee's and/or Landowner's construction increases carriage or
transit loss in the Ditch, Licensee and Landowner agree to repair the construction to
prevent such additional loss.
10. LIABILITY AND INDEMNIFICATION.
10.1 By virtue of entering into this Agreement, the Ditch Company:
(1) assumes no liability for use, operation, or existence of the Licensee's and/or
Landowner's Installations; and (2) assumes no additional responsibilities or ob-
ligations related to the Licensee's and/or Landowner's future or additional
activities in the area described in EXHIBIT B which are required by this
Agreement.
10.2 The Licensee and Landowner agree to indemnify and hold harmless the
Ditch Company, from all claims and liability for damage or injury to property
or persons arising or caused directly or indirectly by the Licensee's and/or
Landowner's construction, restoration, repair, maintenance or replacement of,
or failure to maintain, repair or replace the Installations and the Licensee's
and/or Landowner's occupancy and use of the area located in EXHIBIT A.
Not withstanding the foregoing neither the Licensee nor Landowner shall be
obligated to indemnify the Ditch Company for its own negligence or acts of
omission.
11. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to whom
such notice is intended to be given at the address set forth below, or at such other
address as has been previously furnished in writing to the other party or parties. Such
notice shall be deemed to have been given when deposited in the U.S. mail.
G:1CWmaIElEah.1CDGIE000C.00G Crossing Agreement and Conveyance of Property FINK.U% 0911810212:19 PM
5
r
DITCH COMPANY: COPY TO:
Erie & Coal Creek Ditch Wendy S. Rudnik, Esq.
and Reservoir Company Bernard, Lyons, Gaddis & Kahn, P.C.
c/o Rob Bulthaup, Secretary P.O. Box 978
6297 Potomac Way Longmont, CO 80502-0978
Englewood, CO 80111
LICENSEE: COPY TO:
Community Development Group of Lottner Rubin Fishman Brown & Saul,
Erie, Inc. P.C.
c/o Mike Burns Attn: Alan B. Lottner
2500 Arapahoe Avenue, Suite 220 633 17th Street, Suite 2700
Boulder, CO 80302 Denver, CO 80202
LANDOWNER: COPY TO:
Weld County Land Company, LLC
c/o Mike Burns
2500 Arapahoe Avenue, Suite 220
i-. Boulder, CO 80302
12. WAIVER OF BREACH. The waiver by any party to this Agreement of a
breach of any term or provision of this Agreement shall not operate or be construed as
a waiver of any subsequent breach by any party.
13. RECORDATION. This Agreement shall be recorded at the cost of Licensee
and/or Landowner and shall be binding on any successors of the Parties. The benefits
and obligations of this Agreement shall specifically run with the land described in
EXHIBIT B. The Agreement shall be enforceable only against the then current
owner of the property or developer of the property. The failure to record all or
portions of EXHIBIT C because of the size of the documents shall not affect this
Agreement.
14. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
G1OienbfflEcmc'CDG\E000C.CDG Cros*p Agreement and Connyvace of Properly FINAL Eoc 09/19/0212:19 PM
6
15. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching
party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in
enforcing this Agreement whether or not legal proceedings are instituted.
DATED: l_�,'z:<er 2--)‘>,1
ERIE & COAL CREEK DITCH AND
RESERVOIR COMPANY
a Colo o mutual ditch company
By
m aren, President
ATTEST:
obert a ultha p, Secretary
STATE OF COLORADO )
ss.
COUNTY OF L)i-u,zdw)
The foregoing instrument was subscribed and sworn to before me this Si -day of
2002, by Tom Haren as President, and Robert Bulthaup as Secre-
tary, for the Erie & Coal Creek Ditch and Reservoir Company, a Colorado mutual
ditch company.
Witness my hand and official seal.
My commission expires: 3/4✓/ 'c'5
AZ),,fy.
Notary ublic
GtCheMMENEccac\CDOECCDCLOG Crossing Agreement and Conveyance of Property FINAL.doc 09/18/0212:19 PM
7
COMMUNITY DEVELOPMENT GROUP
OF ERIE, INC.
a Colorado c at' n
By
STATE OF COLORADO )
COUNTY OF ss.
The foregoing instrument was subscribed and sworn to before me this
62ntg---�_, 2002, by '� �l ,xn.�A e y of
Group of Erie, Inc., a Colorado corporation. for Community Developvelopment
Witness my hand and official seal.
My commission expires:
Notary Ub ic �-
G:1G4ntztlE¢Ec1C
'r\ GG'ECCGGCDG Cg Nq CwNxl*nca of Proprt,.FINK.Ooc
8 08/18/02 12:18 PM
WELD COUNTY LAND COMPANY, LLC
a Colorado limited liability company
By
/v..'/.yrc'2!O
STATE OF COLORADO )
COUNTY OFu) SS.
The foregoing instrument was subscribed and sworn to before me this — day of
2002, by O
pany, LLC.
LC -B�tecPfor Weld County Land Com-
2,t,�
Witness my hand and official seal.
My commission expires: //—, ,2_r
�1 r .
Notary P b 'c
.�� G 1ClinteklEaCc1COMECCDCCOG Crosson°Agreement and Conveyance of Property FINAL.doc
909/18/02 12:10 PM
) ) )
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COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT A
g BOULDER, CO 80302 DITCH CROSSINGS
PH: 303.442.2299 FAX: 303.442. 1241
^ EXHIBIT A
DITCH CROSSING A BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N,R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a 43 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°3729"East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 89°3799"East, 486.00 feet;
Thence North 00°43'54" East, 1014.59 feet to the True Point of Beginning;
Thence North 76°21'33" West to the beginning of a curve concave to the west having a
radius of 970.00 feet and a central angle of 03°06'07" and being subtended by a chord
which bears North 03°47'13" West, 52.51 feet;
Thence northerly along said curve, 52.51 feet to a point of cusp;
Thence South 76°08'57" East, 63.31 feet to the beginning of a curve concave to the west
having a radius of 1030.00 feet and a central angle of 02°53'29" and being subtended by a
chord which bears South 02°44'05" East, 51.97 feet;
Thence southerly along said curve, 51.98 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.072 acres, more or less.
EXHIBIT A
DITCH CROSSING B BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 28°49'49" East, 554.88 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 380.00 feet and a central angle of
07°40'35" and being subtended by a chord which bears North 29°06'16" West, 50.87 feet;
Thence northerly along said curve, 50.91 feet to a point of cusp;
Thence North 68°20'15" East, 60.14 feet to the beginning of a curve concave to the
northeast having a radius of 320.00 feet and a central angle of 9°04'17" and being
subtended by a chord which bears South 30°28'43" East 50.61 feet;
Thence southeasterly along said curve, 50.66 feet to a point of cusp;
Thence South 67°56'03" West, 61.31 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.070 acres,more or less.
r
EXHIBIT A
DITCH CROSSING C BOUNDARY
The following described ditch crossing boundary is located in a part of the East Half of
Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is described as
follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 77°16'18" West, 1123.55 feet to the True Point of Beginning;
Thence South 28°20'25" East, 72.79 feet;
Thence North 83°51'29" West, 58.21 feet;
Thence North 30°55'17" West, 75.19 feet;
Thence South 83°51'29" East, 62.32 feet to the True Point of Beginning.
Said ditch crossing boundary contains 0.083 acres,more or less.
— Y .
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s EXHIBIT B
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC.
BOULDER, CO 80302 BOUNDARY OF THE OWNERS PROPERTY
e PH: 303.442.2299 FAX: 303.442. 1241
EXHIBIT B
BOUNDARY OF THE OWNERS PROPERTY
A PARCEL OF ANDLOCATED IN THE EAST HALF OF SECTION 33. TOWNSHIP 2 NORTH, RANGE
_a WEST OF THE 5TH P.M., WELD COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL F
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33 FROM WHENCE THE EAST 1/4
CORNER LIES SOUTH 00°02'01' EAST, 2661.98 FEET;
THRICE ALONG THE EAST LINE OF TEE NORTHEAST 1/4 OF SAID SECTION 33 SOUTH
00°02'01' EAST 30.00 FEET;
THENCE ALONG A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT
ANGLES, FROM TIM NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33, SOUTH
39°98'30' WEST 150.02 FEET 70 THE TRUE POINT OF BEGINNING;
T.F NCE CONTINUING ALONG SAID LINE PARAT7rr WITH AND 30.00 FEET DISTANT SOUTERLY
FROM TEE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 33, SOUTH 89°08'30' WEST
2491.97 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33;
THENCE SOUTH 00°02'38' EAST 2594.11 FEET ALONG WEST LIE TO THE SOUTHWEST 1/4
CORNER OF THE NORTHEAST 1/4 OF SECTION 33; -
T'::ETCE SOUTH 00°02'52' EAST 2648.52 FEET ALONG THE WEST LINE OF THE SE 1/4 OF
SAID SECTION 33 TO A POINT THAT 15 30.00 FEET DISTANT NORTHERLY FROM THE SOUTH 1/4 CORNER OF SAID SECTION 33;
T!' C_ NORTH 89°37'29' EAST 487.95 FEET ALONG A LINE PAPLr-Ft WITH AND 30.00
:^ DISTANT NORTHRATY FROM THE SOUTH LINE OF THE SE 1/4 CF SAID SECTION 33 TO A
POINT ON TEE EAST LINE OF A PARCEL RECORDED IN BOOK 1506, RECEPTION NUMBER 2451280:
THENCE ALONG EAST LINE OF SAID PARCEL NORTH 03°40'23' EAST, 2651.19 FEET TO A
POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 33;
=CZ NORTH 89°57'46' EAST 1951.25 FEET ALONG THE SOUTH LINE OF THE NORTPWH ST
1/4 OF SAID SECTION 33 TO A POINT THAT I5 30.00 FEET DISTANT WESTERLY FROM THE
EAST 1/4 CORNER OF °ATn SECTION 33;
=CE NORTH 00°02'01' WEST 722.66 FEET ALONG A LINE PARATr7T WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33 TO
THE SOUTHEAST CORNER OF THE PARCEL RECORDED MAY 13, 1998 AT RECEPTION NUMBER 2612563:
HENCE ALONG SAID PARCEL TIM FOLLOWING THREE COURSES:
SOUTH 89°57'59' WEST 363.76 FEE-°;
NORTH 00°02'01' WEST 240.00 FEET;
NORTE 89°57j59' EAST 363.76 FEET;
TW CE NORTH 00°02'01' WEST 449.60 FEET ALONG A LINE PAPArrPT WITH AND 30.00
FEET DISTANT WESTERLY FROM TEE EAST LINE OF TEE NORTHEAST 1/4 OF SECTION 33 TO A
P C= ON TIM SOUTH LINE OF TEE PARCEL RECORDED AT RECEPTION NUMBER 2288334;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL SOUTH 89°57'59' WEST 250.00 FEET TO
THE SOUTHWEST CORNER OF PARCEL;
T=CF., ALONG THE WEST LINE OF SAID PARCEL NORTH 00°02.01' WEST 120.00 FEET TO A
POINT ON THE SOUTH LINE OF THAT PARCEL OWNED BY NICE EA9YAT PS IN THE YEAR 1948;
TF=CE ALONG SOUTH LINE OF SAID PARCEL SOUTH 89°57'59' WEST 10.00 FEET TO THE
SOUTHWEST CORNER OF TEE PARCEL;
TT➢NCE ALONG WEST LINE OF SAID PARCEL NORTH 00°02'01' WEST 110.00 FEET TO A
?OMIT ON THE SOUTH LINE OF A PARCEL RECORDED JANUARY 29, 1993 IN 800E 1368 AT
RECEPTION NOME. 2319926;
THENCE ALONG SAID PARCEL THE FOLLOWING THREE COURSES:SOUTH 89°57'59' WEST 3.30 FEET;
NORTH 00°02'01' WEST 56.21 FEET;
NORTH 89°57'59' EAST 263.30 FEET;
T"".GT4CE NORTH 00°02'01' WEST 353.51 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LIME OF THE NORTHEAST 1/4 OF SECTION 33 TO
THE SOUTHEAST CORNER OF A PARCEL RECORDED APRIL 12, 1945 IN BOOK 1153, PAGE 15;
TTLVCE ALONG TEE SOUTH LINE OF SAID PARCEL SOUTH 89°57'59' WEST 150.00 FEET:
T:_NCE NORTH 00°02'01' WEST 150.00 FEET TO THE NORTHWEST CORNER OF A PAR/'FT
RECORDED APRIL 24, 1926 IN BOOK 788, PAGE 400;
THENCE ALONG NORTH LINE OF SAID PARCEL NORTH 89°57'59' EAST 150.00 FEET;
=NCI NORTH 00°02'01' WEST 304.55 FEET ALONG A LINE PARALLEL WITH AND 30.00
FEET DISTANT WESTERLY FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33:
:9'_'*.ICE SOUTH 89°08'30' WEST 120.01 FEET;
TT-MICE. NORTH 00°02'01' WEST 125.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 186.96 ACRES MORE OR LESS.
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SCALE 1"= 600'
COUNTY ROAD
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COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT C
i SOUL DE303. R, CO 00302 PROPOSED CROSSING LOCATION
PH: 442.2299 FAX: 303.442. 1241
i
EXHIBIT C
PROPOSED CULVERTS
Assumptions for the proposed culvert analysis:
• length of 60-feet,
• slope of 1 percent,
• concrete headwall for the inlet type,
• and no freeboard or road overtopping was taken into account.
The following table summarizes the results.
Culvert Flow Size Material Gage
(cfs) (in)
A 55 1-54 Galvanized corrugated metal pipe 16
g 58 1-66 Galvanized corrugated metal pipe 16
C 26 142 Galvanized corrugated metal pipe 16
SCALE 1 '= 600'
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COMMUNITY DEVELOPMENT GROUP OF ERIE. INC. EXHIBIT D
PH: 303. 442f.2299 FAX:83032 442 1241 IRRIGATION EASEMENT
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EXHIBIT D
DITCH SEGMENT A
IRRIGATION RIGHT-OF-WAY
The following described fifty (50) foot irrigation right-of-way is located in a part of the
East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West 1498.89 feet to the True Point of Beginning;
Thence North 00°02'45" West, 62.46 feet;
Thence South 53°13'29" East, 52.56 feet;
Thence South 36°54'48" East, 64.81 feet;
Thence South 36°18'09" East, 79.00 feet;
Thence South 46°23'20" East, 81.10 feet;
Thence South 30°12'09" East, 64.13 feet;
Thence South 10°10'00" East, 55.54 feet;
Thence South 18°53'08" East,46.52 feet;
Thence South 46°13'06" East, 42.34 feet;
Thence South 53°22'21" East, 125.84 feet;
Thence South 76°00'19" East, 62.93 feet to the beginning of a curve concave to the west
having a radius of 970.00 feet and a central angle of 03°06'07" and being subtended by a
chord which bears South 03°47'13" East, 52.51 feet;
Thence southerly along said curve, 52.51 feet to a point of cusp;
Thence North 76°00'19" West, 88.97 feet;
Thence North 53°22'21" West, 138.97 feet;
Thence North 46°13'06" West, 57.62 feet;
Thence North 18°53'08" West, 62.49 feet;
Thence North 10°10'00" West, 50.52 feet;
Thence North 30°12'09" West, 48.18 feet;
Thence North 46°23'20" West, 78.40 feet;
Thence North 36°18'09" West, 83.15 feet;
Thence North 36°54'48" West, 57.38 feet;
Thence North 53°13'29" West, 7.96 feet to the True Point of Beginning.
Said irrigation right-of-way contains 0.744 acres,more or less.
r
EXHIBIT D
DITCH SEGMENT B
IRRIGATION RIGHT-OF-WAY
The following described fifty (50) foot irrigation right-of-way is located in a part of the
East Half of Section 33, T2N, R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°3729" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 89°37'29 East, 486.00 feet;
Thence North 03°40'23" East, 1004.60 feet to the True Point of Beginning;
Thence North 76°53'29" West, 52.78 feet to the beginning of a curve concave to the west
having a radius of 1030.00 feet and a central angle of 2°53'29" and being subtended by a
chord which bears North 02°44'05" West, 51.97 feet;
Thence northerly along said curve, 51.98 feet to a point of cusp;
Thence South 76°5329" East, 58.66 feet;
Thence South 03°40'23" West, 50.69 feet to the True Point of Beginning.
Said irrigation right-of-way contains 0.064 acres,more or less.
EXHIBIT D
DITCH SEGMENT C
IRRIGATION RIGHT-OF-WAY
The following described fifty (50) foot irrigation right-of-way is located in a part of the
East Half of Section 33, T2N,R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 3149.58 feet to the True Point of Beginning;
Thence North 00°02'45" West, 51.69 feet;
Thence North 75°14'56" East, 27.98 feet;
Thence North 85°13'11" East,40.30 feet;
Thence South 82°22'11" East, 38.69 feet;
Thence South 71°07'22" East, 30.85 feet;
Thence South 79°17'54" East, 22.14 feet;
Thence North 87°00'21" East,44.17 feet;
Thence North 71°31'48" East, 44.95 feet to the beginning of a curve concave to the
northeast having a radius of 380.00 feet and a central angle of 07°40'35" and being
subtended by a chord which bears South 29°06'16" East, 50.87 feet;
Thence southeasterly along said curve, 50.91 feet to a point of cusp;
Thence South 71°31'48" West, 61.13 feet;
Thence South 87°00'21" West, 56.97 feet;
Thence North 79°17'54" West, 31.72 feet;
Thence North 71°07'22" West, 29.50 feet;
Thence North 82°22'11" West, 28.33 feet;
Thence South 85°13'11" West, 30.51 feet;
Thence South 75°14'56" West, 36.74 feet to the True Point of Beginning.
Said irrigation right-of-way contains 0.300 acres, more or less.
r.
EXHIBIT D
DITCH SEGMENT D
IRRIGATION RIGHT-OF-WAY
The following described fifty (50) foot irrigation right-of-way is located in a part of the
East Half of Section 33, T2N,R68E, of the 6th P.M.,Weld County, Colorado and is
described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 32°27'02" East, 602.02 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 320.00 feet and a central angle of
09°04'17" and being subtended by a chord which bears North 30°28'43" West 50.61 feet;
Thence northwesterly along said curve, 50.66 feet to a point of cusp;
Thence North 50°36'18" East, 5.35 feet;
Thence North 31°24'01" East, 102.78 feet;
Thence North 32°31'13" East, 131.65 feet;
Thence North 36°17'29" East, 107.39 feet;
Thence North 34°09'26" East, 129.61 feet;
Thence North 26°59'27" East, 297.41 feet;
Thence North 36°53'25" East, 148.17 feet;
Thence North 40°14'08" East, 122.57 feet;
Thence North 38°45'49" East, 222.03 feet;
Thence North 35°08'43" East, 217.85 feet;
Thence North 27°57'26" East, 83.52 feet;
Thence North 34°41'18" East, 82.79 feet;
Thence North 52°13'48" East, 73.92 feet;
Thence North 47°10'31" East, 195.78 feet;
Thence North 54°26'38" East, 86.01 feet;
Thence North 50°37'15" East, 84.43 feet;
Thence North 37°05'33" East, 16.70 feet;
Thence North 02°15'27" West, 17.25 feet;
Thence North 13°17'29" West, 67.47 feet;
Thence North 24°39'25" West, 67.40 feet;
Thence South 83°51'29" East, 58.21 feet;
Thence South 24°39'25" East, 42.57 feet;
Thence South 13°17'29" East, 77.27 feet;
Thence South 02°15'27" East, 39.95 feet;
Thence South 37°05'33" West, 40.50 feet;
Thence South 50°37'15" West, 92.03 feet;
Thence South 54°26'38" West, 84.50 feet;
Thence South 47°10'31" West, 194.81 feet;
Thence South 52°13'48" West, 68.42 feet;
Thence South 34°41'18" West, 72.13 feet;
Thence South 27°57'26" West, 83.72 feet;
Thence South 35°08'43" West, 222.57 feet;
Thence South 38°45'49" West, 224.25 feet;
Thence South 40°14'08" West, 121.75 feet;
Thence South 36°53'25" West, 142.38 feet;
Thence South 26°59'27" West, 296.21 feet;
Thence South 34°09'26" West, 133.68 feet;
Thence South 36°17'29" West, 106.67 feet;
Thence South 32°31'13" West, 129.51 feet;
Thence South 31°24'01" West, 110.75 feet;
Thence South 50°36'18" West, 21.66 feet to the True Point of Beginning.
Said irrigation right-of-way contains 2.621 acres,more or less.
EXHIBIT D
DITCH SEGMENT E
IRRIGATION RIGHT-OF-WAY
The following described fifty (50) foot irrigation right-of-way is located in a part of the
East Half of Section 33, T2N,R68E, of the 6th P.M., Weld County, Colorado and is
described as follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 87°41'20" West, 1183.20 feet to the True Point of Beginning;
Thence South 18°41'16" East, 64.26 feet;
Thence South 21°37'41" East, 90.21 feet;
Thence South 30°30'11" East, 63.95 feet;
Thence North 83°51'29" West, 62.32 feet;
Thence North 30°30'11" West, 30.64 feet;
Thence North 21°37'41" West, 95.37 feet;
Thence North 18°41'16" West, 81.63 feet;
Thence North 89°08'30" East, 52.52 feet to the True Point of Beginning.
Said irrigation right-of-way contains 0.245 acres,more or less.
EXHIBIT E
WARRANTY DEED
Grantor, Weld County Land Company, LLC, a Colorado limited liability company, whose address is
2500 Arapahoe Avenue, Suite 220,Boulder, Colorado 80302,
for the consideration of ten and 00/100 DOLLARS, in hand paid,hereby sell(s) and convey(s)to Erie &
Coal Creek Ditch and Reservoir Company,whose legal address is
c/o Robert Bulthaup, Secretary, 6297 S. Potomac Way, Englewood, Colorado, 80111, County of
, and State of Colorado (Grantee),
the following real property in the County of Weld and State of Colorado,to wit:
See EXHIBIT E-1.
with all its appurtenances, and warrant(s) the title to the same against claims as parties arising by,
through or under Grantor.
r DATED:
WELD COUNTY LAND COMPANY,LLC
a Colorado limited liability company
Manager
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
of Weld County Land Company,LLC.
200_,by as
Witness my hand and official seal.
My commission expires:
Notary Public
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SCALE 1"= 600'
COUNTY HOAU 7
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•
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DITCH SEGMENT B tin
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DITCH SEGMENT C i
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THE POINT PUP
i COMMUNITY DEVELOPMENT GROUP OF ERIE, INC. EXHIBIT E-1
BOULDER. CO 80302
PH: 303.442.2299 FAX: 303.442. 1241 WARRANTY DEED
EXHIBIT E-1
DITCH SEGMENT A
WARRANTY DEED
The following described warranty deed is located in a part of the East Half of Section 33,
T2N,R68E, of the 6th P.M.,Weld County, Colorado and is described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
ed L.S. 20673 at the South Quarter corner cam said section by a 2 inchinch aluminum witsta#'P
of said and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West 1498.89 feet to the True Point of Beginning;
Thence North 00°02'45" West, 62.46 feet;
Thence South 53°13'29" East, 52.56 feet;
Thence South 36°54'48" East, 64.81 feet;
Thence South 36°18'09" East, 79.00 feet;
Thence South 46°23'20" East, 81.10 feet;
Thence South 30°12'09" East, 64.13 feet;
Thence South 10°10'00" East, 55.54 feet;
Thence South 18°53'08" East, 46.52 feet;
Thence South 46°13'06" East,42.34 feet; of a curve concave to the west
Thence South 53°22'21" East, 125.84 feet; subtended by a
62.93 feet to the beginning
Thence South s of 97 9" East,e angle of 03°06'07" and being
having a radius of 970.00 feet and a central
chord which bears South 0d 4 '13 52.51 feet
37 " East, .510 a point of cusp;
Thence southerly along
Thence North 76°00'19" West, 88.97 feet;
Thence North 53°22'21" West, 138.97 feet;
Thence North 46°13'06" West, 57.62 feet;
Thence North 18°53'08" West, 62.49 feet;
Thence North 10°10'00"West, 50.52 feet;
Thence North 30°12'09" West,48.18 feet;
Thence North 46°23'20" West,78.40 feet;
Thence North 36°18'09" West, 83.15 feet;
Thence North 36°54'48" West, 57.38 feet;
Thence North 53°13'29" West, 7.96 feet to the True Point of Beginning.
Said warranty deed contains 0.744 acres,more or less.
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EXHIBIT E-1
DITCH SEGMENT 13
WARRANTY DEED
The following described warranty deed is located in a part of the East Half of Section 33,
T2N,R68E, of the 6th P.M.,Weld County, Colorado and is described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3f N 89 3T29bar side at ide at tande Sououse ofast 2648.4 corner
feet
aid
section to bear an assumed bearing
with all other bearings contained herein relative thereto:
Thence North 89°37'29 East, 486.00 feet;
Thence North 03°40'23" East, 1004.60 feet to the True Pointof a inni gave to the
Thence North 76°53'29" West, 52.78 feet to the beginning of 29 and curve b conavettsubtended westby
a
having a radius of 1030.00 feet and a central angle
chord which bears North 02°44'05" West, 51.97 feet;
Thence northerly along said curve, 51.98 feet to a point of cusp;
Thence South 76°53'29" East, 58.66 feet;
Thence South 03°40'23" West, 50.69 feet to the True Point of Beginning.
Said warranty deed contains 0.064 acres,more or less.
•
EXHIBIT E-1
DITCH SEGMENT C
WARRANTY DEED
The following described warranty deed is located in a part of the East Half of Section 33,
T2N, R68E, of the 6th P.M.,Weld County, Colorado and is described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 3149.58 feet to the True Point of Beginning;
Thence North 00°02'45" West, 51.69 feet;
Thence North 75°14'56" East, 27.98 feet;
Thence North 85°13'11" East, 40.30 feet;
Thence South 82°22'11" East, 38.69 feet;
Thence South 71°07'22" East, 30.85 feet;
Thence South 79°17'54" East, 22.14 feet;
Thence North 87°00'21" East, 44.17 feet;
Thence North 71°31'48" East, 44.95 feet to the beginning of a curve concave to the
northeast having a radius of 380.00 feet and a central angle of 07°40'35" and being
subtended by a chord which bears South 29°06'16" East, 50.87 feet;
Thence southeasterly along said curve, 50.91 feet to a point of cusp;
Thence South 71°31'48" West, 61.13 feet;
Thence South 87°00'21" West, 56.97 feet;
Thence North 79°17'54" West, 31.72 feet;
Thence North 71°07'22"West, 29.50 feet;
Thence North 82°22'11" West, 28.33 feet;
Thence South 85°13'11" West, 30.51 feet;
Thence South 75°14'56" West, 36.74 feet to the True Point of Beginning.
Said warranty deed contains 0.300 acres, more or less.
EXHIBIT E-1
DITCH SEGMENT D
WARRANTY DEED
The following described warranty deed is located in a part of the East Half of Section 33,
T2N,R68E, of the 6th P.M.,Weld County, Colorado and is described as follows.
Beginning at the South Quarter of Section 33. Assuming the south line of said section as
monumented by a 2 inch aluminum cap stamped L.S. 20673 at the South Quarter corner
of said section and by a 2 inch pipe with a#3 rebar inside at the Southeast corner of said
section to bear an assumed bearing of North 89°37'29" East a distance of 2648.44 feet
with all other bearings contained herein relative thereto:
Thence North 00°02'45" West, 2678.52 feet;
Thence North 32°27'02" East, 602.02 feet to the True Point of Beginning at the beginning
of a curve concave to the northeast having a radius of 320.00 feet and a central angle of
09°04'17" and being subtended by a chord which bears North 30°28'43" West 50.61 feet;
Thence northwesterly along said curve, 50.66 feet to a point of cusp;
Thence North 50°36'18" East, 5.35 feet;
Thence North 31°24'01" East, 102.78 feet;
Thence North 32°31'13" East, 131.65 feet;
Thence North 36°1729" East, 107.39 feet;
Thence North 34°09'26" East, 129.61 feet;
Thence North 26°59'27" East, 297.41 feet;
Thence North 36°53'25" East, 148.17 feet;
Thence North 40°14'08" East, 122.57 feet;
Thence North 38°45'49" East, 222.03 feet;
Thence North 35°08'43" East, 217.85 feet;
Thence North 27°57'26" East, 83.52 feet;
Thence North 34°41'18" East, 82.79 feet;
Thence North 52°13'48" East, 73.92 feet;
Thence North 47°10'31" East, 195.78 feet;
Thence North 54°26'38" East, 86.01 feet;
Thence North 50°37'15" East, 84.43 feet;
Thence North 37°05'33" East, 16.70 feet;
Thence North 02°15'27" West, 17.25 feet;
Thence North 13°17'29" West, 67.47 feet;
Thence North 24°39'25" West, 67.40 feet;
Thence South 83°51'29" East, 58.21 feet;
Thence South 24°39'25" East,42.57 feet;
Thence South 13°17'29" East, 77.27 feet;
Thence South 02°1527" East, 39.95 feet;
Thence South 37°05'33" West, 40.50 feet;
Thence South 50°37'15" West, 92.03 feet;
Thence South 54°26'38" West, 84.50 feet;
Thence South 47°10'31" West, 194.81 feet;
Thence South 52°13'48" West, 68.42 feet;
Thence South 34°41'18" West, 72.13 feet;
Thence South 27°57'26" West, 83.72 feet;
Thence South 35°08'43" West, 222.57 feet;
Thence South 38°45'49" West, 224.25 feet;
Thence South 40°14'08" West, 121.75 feet;
Thence South 36°53'25" West, 142.38 feet;
Thence South 26°59'27" West, 296.21 feet;
Thence South 34°09'26" West, 133.68 feet;
Thence South 36°17'29" West, 106.67 feet;
Thence South 32°31'13" West, 129.51 feet;
Thence South 31°24'01" West, 110.75 feet;
Thence South 50°36'18" West, 21.66 feet to the True Point of Beginning.
Said warranty deed contains 2.621 acres,more or less.
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EXHIBIT E-1
DITCH SEGMENT E
WARRANTY DEED
The following described warranty deed is located in a part of the East Half of Section 33,
T2N,R68E, of the 6th P.M., Weld County, Colorado and is described as follows.
Beginning at the North corner of Section 33. Assuming the north line of said section as
monumented by a 3.5 inch aluminum cap stamped L.S. 7242 at the Northeast corner of
said section and by a 3.5 inch brass cap stamped 1952 BLM at the North Quarter corner
of said section to bear an assumed bearing of South 89°08'30" West a distance of 2641.99
feet with all other bearings contained herein relative thereto:
Thence South 87°41'20" West, 1183.20 feet to the True Point of Beginning;
Thence South 18°41'16" East, 64.26 feet;
Thence South 21°37'41" East, 90.21 feet;
Thence South 30°30'11" East, 63.95 feet;
Thence North 83°51'29" West, 62.32 feet;
Thence North 30°30'11" West, 30.64 feet;
Thence North 21°37'41" West, 95.37 feet;
Thence North 18°41'16" West, 81.63 feet;
Thence North 89°08'30" East, 52.52 feet to the True Point of Beginning.
Said warranty deed contains 0.245 acres, more or less.
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