HomeMy WebLinkAbout900601.tiff AR2217500
DEPARTMENT OF PLANNING SERVICES
SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Lazy D. Grazing Association - Western Gas Supply SE-382
Legal Description: Part of the E} of Section 5, T11N, R66W of the 6th P.M. ,
Weld County, Colorado
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies
of the Weld County Comprehensive Plan.
X 2. The boundary change or temporary use location
which would be allowed on the subject property
by granting the request will be compatible
with the surrounding land uses.
X 3. In those instances when used pursuant to
Section 9-3 B. (2) of the Weld County
Subdivision Regulations, the request is the
best alternative to dispose of existing
improvements in conjunction with the companion
Recorded Exemption.
APPROVED
Subdivision Exemption is approved in accordance with information submitted
in the application and the policies of the County. The Department of
Planning Services has determined through its review that the standards of
Section 9-3 E. of the Weld County Subdivision Regulations have been met.
by� A.G Date May 25, 1990
B 1267 REC 02217500 06/20/90 10: 20 X0. 00 1/002
F 0986 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
900601
G C',c�1
LAZY D. GRAZING ASSOCIATION
SE-382
LEGAL DESCRIPTION
A PORTION OF THE EAST ONE-HALF OF SECTION 5 , TOWNSHIP 11 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5 , TOWNSHIP 11 NORTH , RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE ( 3 ) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23 , 1981 BY RLS NO. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYOR CAP NO. 12374 AND A LINE BETWEEN THEM BEING
ASSUMED TO BEAR N89°42 ' 55"W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 ; THENCE
N89°42 ' 55"W AND ALONG THE , SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 5 A DISTANCE OF 682 . 32 FEET TO THE POINT OF
BEGINNING ; THENCE N89 ° 42 ' 55"W AND CONTINUING ALONG THE SOUTH
LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 5 A DISTANCE OF
600 . 74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY N0. 85; THENCE N03°08 ' 00"E AND ALONG THE
SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1920 . 78 FEET TO A
POINT ON THE SOUTHERLY LINE OF A C. I . G . EASEMENT AS DESCRIBED
IN BOOK 1433 AT PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS ;
THENCE S86 °52 ' 00 "E AND ALONG SAID SOUTHERLY LINE AND ALONG THE
EXTENSION OF SAID SOUTHERLY LINE A DISTANCE OF 697 . 45 FEET TO A
POINT WHICH IS 60 . 00 FEET EASTERLY OF THE CENTERLINE OF THE
CONOCO GAS TRANSMISSION LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND
OVERBURDEN OF THE BACKFILL; THENCE S01°01 ' 55 "W, A DISTANCE OF
383 .37 FEET; THENCE S10°19 ' 37"E A DISTANCE OF 589 . 61 FEET TO A
POINT WHICH IS 50 . 00 FEET EASTERLY OF A CONOCO GAS TRANSMISSION
LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND OVERBURDEN OF THE
BACKFILL; THENCE N86 ° 52 ' 00"W A DISTANCE OF 248 . 74 FEET; THENCE ,
S03°08 ' 00"W AND ALONG A LINE 600.00 FEET EASTERLY OF AND PARALLEL
WITH COLORADO STATE HIGHWAY 85 A DISTANCE OF 934 . 39 FEET TO THE
POINT OF BEGINNING, CONTAINING 29 . 541 ACRES.
LEGAL DESCRIPTION STATEMENT
I , JAMES R. FRAKER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND ON THE BASIS
OF OWLED •: , 'MATION AND BELIEF, IS CORRECT.
T'
ei. ,fir' F,''
•
JAS R. kER, IST : .D LAND SURVEYOR
COLORADO x.10377 :w `
FOR AND ON '(r: i%LF OF 4...: GINEERING, LTD.
Nq7 ANOS7,
B 1267 REC 02217500 06/20/90 10: 20 X0. 00 2/002
F 0987 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
9E-0601
900601( onfn
• • •
' DEPARTMENT OF PLANNING SERVICES
PHONE(303)3581000,EXT.4400
*` 91510th STREET
•
GREELEY,COLORADO 80631
a4.k
•
COLORADO
April 17, 1990
James M. McClung
Western Gas Supply Company
1050 17th Street, Suite 500
Denver, CO 80265-0501
Subject: SE-382
Dear Mr. McClung:
•
Your subdivision exemption application is complete and in order and will be
processed by our office on or before May 11, 1990. If it is determined that
the application meets the approval criteria of Section 9-3 E. of the Weld
County Subdivision Regulations, you will be notified that the subdivision
exemption is approved. If the staff determines that the application does
not meet the approval criteria, you will be notified and asked to appear
before the Board of County Commissioners at a public hearing. You will be
informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision
on the subdivision exemption.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully, •
thce
u .
Lanell J. Curry
Current Planner
Enclosure
pc Lazy D. Grazing Association
c/o A.R. "Butch" DePorter
14503 Weld County Road 108
Nunn, CO 80648
T .,
s y. •
•
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ADMINISTRATIVE REVIEW FLOW SHEET
n CASE # S 3Wri
APPLICANT• 10L� fil AJ f2 i�no �2��+ /�ta�u Qe eo •
REQUEST: 2,4_,iy/,vLu.n i.rrHL.) ,21. _7-4Arv._)
LEGAL: el- ^E a -5---N-66
LOCATION: LLB o�f Al . 9.5-,
o p o j.27
Date By
Application received g--// -90 _/_(..,.
Application.complete
17/ -90 _ie.
Letter to applicant drafted 41W-90 _...4-
Referrals listed
1•/3- 9D .--e-t..-.)
File assembled
if- Ile-90 .s..ca\c
Letter to applicant mailed
4-t% - 9b .r-q
Referrals mailed 1
44-18-10 •x4�
Chaindexed 6
4 -lie - go
DPS recommendation drafted S-x5 -90 -Ae
Administrative Review decision: c � .51--• S - 9O —4.)
History card completed .-5--0,a7_94 )/ti
•
COMMISSIONERS` HEARING DATE: Date By
Air photo and maps prepared
Field check by DPS staff
' CC Action:
CC resolution received I
History ca •
James M. McClung
Agent
night-of-WaV and Permits
Right-of-WaY
OWeStGaS®
Western Gas SuPPiYe 5°00 nY '
1°5°,,
050 17th Sueet,Suite 500
Denver,CO 80265-0501
13031 572-4251
0 WestGas@ Western Gas
Supply Company
500 Prudential Plaza
105017th Street
April 9, 1990 Denver,CO 80265-0501
(3031534-1261
Department of Planning Services
Weld County
915 10th Street
Greeley, Colorado 80631
ATTN: Lanell J. Curry, Planner
Dear Mr. Curry:
Enclosed is an application for subdivision exemption for property on State
Highway 85, approximately four miles south of the Colorado/Wyoming state line.
As stated in the application, Western Gas Supply Company is requesting permission
to define, without subdividing, a 29.5 acre parcel in the southwest corner of a 137.8 acre
strip of land belonging to Lazy D. Grazing Association. This location was selected for its
proximity to existing natural gas pipelines, integral to the proposed need and use of the
property In addition, the site is now totally encumbered by pipeline easements and is
designed to encompass three existing pipelines.
WestGas intends to develop the site for natural gas metering, compression and
processing to interconnect three of the five existing pipelines in the immediate area of the
site. A similar, but larger facility has been built northwest of this site by Colorado Interstate
Gas Company.
As you will note, WestGas is a stated owner. We are in fact still negotiating for,
while simultaneously proceeding with eminent domain acquisition of the subject
property. For contractual reasons we are preceeding our ownership with this application.
We regret any inconvenience this may cause.
Thank you for your consideration and please notify me at (303) 572-4251 if any
assistance that I may provide.
Sincerely,
cfryi,
James M. McClung
Right of Way Agent
JMM:mmo
Enclosure
• •
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: ��//��
CASE NO. APPL. FEE 3�,_JV
ZONING DISTRICT RECEIPT N0. J 7 1 77
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures):
I (we) , the undersigned hereby request that the following described property be
exempted from the definition of the terms "subdivision" or "subdivided land" in
accordance with Section 9-3 of the Weld County Subdivision Regulations by the
Weld County Board of County Commissioners.
General legal description of total involved parcel(s) SEa Section
5 T 11 N, R 66 W
See Attached Legal Description
Has this property been divided from or had divided from it any other property
since August 30, 19724 Yes No X
FEE OWNERS OF PROPERTY:
Name: Lazy D. Grazing Association c/o A.R. "Butch" DePorter
Address: 14503 County Road 108, Nunn, CO 80648 Phone 303-897-2279
Name: Western Gas SUpPly Company c/o James McClung
Address: 1050 17th Street, #500, Denver, CO 80265-Phone 303-572-4251
Name: 0501
Address: Phone
Total acreage of the
total property involved: 137,803
Existing land use of the
total property involved: Aaricultural/Natural Gas Metering
Existing land use of the
adjacent properties: North: Agricultural South: Agricultural
East: Agricultural Weat: Agricultural/Natural Gas Processing
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
STATE of COLORADO ) WESTERN GAS SUPPLY COMPANY
COUNTY OF WELD )
sY: w._
Si ature: Owner o₹ Auth zed Agent
James McClung, Ri, t-of-Way Agent
Subscribed and sworn to before me this 9 day of 44.,/ , 1970 .
SEAL r/�
Notary E_`•`l°,t.
f� �El
� pinat 11,1933 ••;C�
DAVID P
My Commission expires: ®ACA
t °
.,• ;4)
j� ��? -
OF Cow
• •
REFERRAL LIST
NAME: Western Gas Supply CASE NUMBER: SE-382
REFERRALS SENT: April 17, 1990 REFERRALS TO BE RECEIVED BY: May 1, 1990
COUNTY TOWNS and CITIES
Attorney _Ault
X Health Department _Brighton
_Extension Service Dacono
_Emergency Management Office _Eaton
_Sheriff`s Office _Erie
_Engineering _Evans
Housing Authority _Firestone
Airport Authority _Fort Lupton
_Building Inspection _Frederick
_Garden City
STATE Gilcrest
_Division of Water Resources _Greeley
_Geological Survey _Grover
Department of Health _Hudson
X Highway Department _Johnstown
_Historical Society Keenesburg
_Water Conservation Board ----Kersey
_Oil and Gas Conservation Commission La Salle
_Lochbuie
FIRE DISTRICTS _Longmont
Ault F-1 _Mead
--
--Berthoud F-2 _Milliken
Brighton F-3 _New Raymer
__Dacono F-19 _Nunn
_Eaton F-4 _Platteville
_Fort Lupton F-5 _Severance
Galeton F-6 _Windsor
----Hudson F-7
_Johnstown F-8 COUNTIES
La Salle F-9 _Adams
Longmont F-10 _Boulder
----Milliken F-11 _Larimer
—N
unn F-12
_Pawnee
_Platteville F-l3 FEDERAL GOVERNMENT AGENCIES
_Platte Valley F-14 US Army Corp of Engineers
Poudre Valley F-15 ----USDA-APHIS Veterinary Service
Raymer _Federal Aviation Administration
Southeast Weld F-16 _Federal Communication Commission
----Windsor/Severance F-17
----Wiggins F-18
--
--Western Hills F-20 SOIL CONSERVATION DISTRICTS
_Brighton
OTHER _Fort Collins
_Central Colo. Water Conservancy Dist. _Greeley
_Panhandle Eastern Pipe Line Co. _Longmont
Tri-Area Planning Commission West Adams
COMMISSION/BOARD MEMBER
• •
• O We stGa r Western Gas
Supply Company
500 Prudential Plaza
March 23, 1990 105017th Street
Denver,CO 802650501
13031 534-1261
Lazy D. Grazing Association
14503 County Road 108
Nunn, CO 80648
ATTN: Mr. Butch DePorter
Dear Mr. DePorter:
Enclosed are legal descriptions and a drawing regarding our proposal compressor
and processing installation on your property north of Rockport.
As you will note, there are changes in our request.
Our previous negotiations and discussions briefly addressed this possibility.
However, as there are significant differences of opinion on the land value, I first wanted to
establish an acceptable per acre value before discussion of more changes.
The fee property request has changed from 25.732 acres to 29.541 to include
permanent access to existing pipelines integral to this project. The offer for this property
remains at $1,000.00 per acre or $29,541.00 total compensation.
In addition, there is now an easement request for a 75.0 foot corridor from the
"compressor site" to the existing Trailblazer pipeline. The offer for this easement is $264.40
or $2.84 per rod, plus damages of approximately $7.00 per acre, and revegetation.
This offer, as with previous offers, is based on immediate settlement and is
considerably higher than our offer will be through the condemnation process, as explained
in a separate letter of March 23, 1990. We are willing to pay for above the appraised value
due to the expenses of litigation and the delays the process could entail.
We appreciate the time and cooperation that you have extended and remain open to
suggestions or continued negotiations.
Sincerely,
g. . . mi O-27l. � `
James M. McClung
Right of Way Agent
JMM:mmo
Enclosures
cc: Timothy J. Flanagan
Kelly, Stansfield & O'Donnell
• •
WestGar Western Gas
Supply Company
March 23, 1990 500 Prudential Plaza
105017th Street
Lazy D. Grazing Denver,CO 802650501
y g 130315341261
14503 County Road 108
Nunn, CO 80648
ATTN: Mr. Butch DePorter
Dear Mr. DePorter:
As you know, Western Gas Supply Company proposes to acquire an easement and property in
which you have a recorded interest. This property and easement are described on the attached
Legal Description
Western Gas Supply Company intends to acquire the property and easement as described in
"Attached Exhibit "A"" for the purposes of transmission, compression, routing, metering, processing and
related activities of natural gas. The consideration being offered for this property is $5,908.20 for the fee
property and $264.40 plus damages for the easement, and is based on an MAI appraisal by Ed Earley and
Associates.
This notice is being given to you in accordance with the Colorado Revised Statutes § 38-1-121,
a copy of which is enclosed for your information. As a corporation having an interest in the above
described property, you have certain rights provided by the statute and you may wish to consult your
attorney regarding these rights.
Generally, the Colorado Revised Statutes § 38-1-121 provides that you may employ an appraiser
of your choosing to appraise the property interest to be acquired. If you obtain such appraisal and submit
a copy of it to Western Gas Supply Company, Western Gas Supply Company in return will submit a
copy of its appraisal to you. These appraisals may be used by both parties to aid in negotiations to acquire
the necessary property rights. If you submit a copy of your appraisal to Western Gas Supply Company
within 90 days of this notice, then Western Gas Supply Company will pay the reasonable cost of the
appraisal.
This notice is not intended to be a limitation on the ability of either you or Western Gas Supply
Company to negotiate in good faith for the property interest to be acquired. The appraisals are not binding
to either Western Gas Supply Company or you in reaching an agreement on the fair market value of the
property being acquired.
If you should have any questions regarding this matter, please feel free to call me collect. My
number is (303) 572-4251.
Sincerely,
James M. McClung
Right of Way Agent
JMM:mmo
Attachment
cc: Timothy J. Flanagan
Kelly, Stansfield & O'Donnell
4i
664v. 14rDEPARTMENT OF PLANNING SERVICES
\ PHONE 003)3584000,EXT.4MM
. 81510th STREET
GREELEY,COLORADO 8MM1
C. CASE NUMBER SE-382
COLORADO
April 17, 1990
TO WHOM IT MAY CONCERN:
Enclosed is an application from Lazy D. Grazing Association - Western Gas
Supply Company for a subdivision exemption. The parcel of land is described
as part of the E} of Section 5, T11N, R66W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has
been submitted is east of Highway 85, approximately four miles south of
Wyoming.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by May 1, 1990, so that we may give full consideration to your
recommendation. Please call Lanell J. Curry, Current Planner, if you have
any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons._
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
Pr-
• _
STATE OF COLORADO
DIVISION OF HIGHWAYS 401'my
P.O. Sax 850
Greeley, Colorado 80632-0850 *I.
�.i 8
(303) 353-1232 :�. �.
ar O
May 1, 1990
Weld Co., S.H. 85
Lazy D/Western Gas
Supply Company
Subdivision Exemption
Ms. Lanell J. Curry, Planner
Department of Planning Services DOH File 45100
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Curry:
We have reviewed the Lazy D Grazing Association - Western Gas Supply
Company application for subdivision exemption, and we have the follow-
ing comments.
The projected traffic on State Highway 85 indicates the need for a 150-
foot total right o£ way, 75 feet on each side of the highway centerline.
Since the existing width along this property is greater than 75 feet, •
no additional right of way reservation or dedication will be requested.
Access to the parcel can be safely provided but will require an Access
Permit to be issued by this office. The process of issuing that permit
has begun. Any new utility line or connection proposed within the high-
way right of way will require a Utility Permit. Mr. Henry Rangel of
this office should be contacted at 350-2111 regarding any utility permits.
Thank you for the opportunity to review this proposal. Please contact
me at 350-2163 if you have any questions.
Very truly yours,
DOUGLAS D. EAMES
DISTRICT ENGINEER
•
f 1L 2(.41</
Ewan A. Hooper, r.
Development/Access Coordinator
EAH:smw
cc: L.D. Yost
R.G. Sherriff
''Rooper via Crier
t
t'
__ 1
•
STATE OF COLORADO
DIVISION OF HIGHWAYS �;r �...
P.O. Box 850 „i
Greeley, Colorado 80632-0850 =+ rr
(303)353-1232 '*�v •w•y',,8
May 1, 1990
Weld Co., S.H. 85
Lazy D/Western Gas
Supply Company
Subdivision Exemption
Ms. Lanell J. Curry, Planner
Department of Planning Services DOH File 45100
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Curry:
We have reviewed the Lazy D Grazing Association - Western Gas Supply
Company application for subdivision exemption, and we have the follow-
ing comments.
The projected traffic on State Highway 85 indicates the need for a 150-
foot total right of way, 75 feet on each side of the highway centerline.
Since the existing width along this property is greater than 75 feet,
no additional right of way reservation or dedication will be requested.
Access to the parcel can be safely provided but will require an Access
Permit to be issued by this office. The process of issuing that permit
has begun. Any new utility line or connection proposed within the high-
way right of way will require a Utility Permit. Mr. Henry Rangel of
this office should be contacted at 350-2111 regarding any utility permits.
Thank you for the opportunity to review this proposal. Please contact
me at 350-2163 if you have any questions.
Very truly yours,
DOUGLAS D. BANES
DISTRICT ENGINEER
Evan A. Hooper, r.
Development/Access Coordinator
EAH:smw
cc: L.D. Yost
R.G. Sherriff
File: Hooper via Crier
MAY 2 1990
Yield Co. Mott ummisslar
•
444
MEMORAn®um
'ilk To Weld County Planning May 1, 1990
Date COLORADO From Environmental Protection Services 1/(11/..] po
Case Number: SE-382 Name: Lazy D. Grazing Association
Subject:
Environmental Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. Weld County Septic Permit is required for any proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
2. An ISDS Evaluation on all existing septic systems will be
necessary prior to issuing the required septic permit on the existing
system.
WP317/dgc
cf) p \LMAY 3 1990
1W.Bo. S- 5 -9d
*Id ED. Piano B CiutDizio
I
0 WestGas° Western Gas
Supply Company
500 Prudential Plaza
1050 17th Street
Denver,CO 80265-0501
(3031 534-1261
April 19, 1990
Weld County
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
ATTN: Lanell J. Curry, Planner
RE: Subdivision Exemption Application
Dear Mr. Curry:
The following information is in response to your request for clarification of
"processing" which was mentioned in our letter of April 9, 1990.
As we stated, the site is to be used for natural gas metering, compression and
processing. Processing as it applies to this site is limited to odorization and
hydrocarbon liquids removal. The liquids removal, including propanes and
butanes, is accomplished by cooling the gas stream through a pressure drop system
or an external refrigeration cycle process loop. Neither of which requires venting or
flaring. The liquids are collected and stored on site for removal by qualified hauling
contractors. The odorizaton process requires bulk storage of the odorant which is
injected into the moving gas. This process is used at various locations through out
our system for safety purposes.
The processing components will occupy an area of 150 ft. x 120 ft. at heights up
to fifteen feet. The processing facilities may be duplicated in the future for added
capacity.
Please contact me at (303) 572-4251, if I can be of further assistance.
Sincerely, er.�U
/James McClung
Right of Way Agent
JMM:mmo 0 F �6-il
APR 2 0 1990
•
Weld CD. Plaun ne „di6Rla5≤roo
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356d000,EXT.4400
I915 10th STREET
GREELEY,COLORADO 80631
IN D e
COLORADO
April 23, 1990
Mr. James M. McClung
Right-of-Way Agent
Western Gas Supply Company
500 Prudential Plaza
1050 17th Street
Denver, CO 80265-0501
Dear Mr. McClung:
Thank you for your letter of April 19. The Department o£ Planning Services'
staff has determined that the natural gas processing, including odorization
and hydrocarbon liquids removal on the site will require a Special Review
permit.
Please let me know when you would like to make an appointment to go over the
Special Review permit application requirements. '
Sincerely yours,
Lanell J. C�
Y -PAILAitig—
Current Planner
LJC:rjg
i/7i�m/ '''.7-c:71/ 4
•
DISTRICT COURT , COUNTY OF WELD, STATE OF COLORADO
Case No. 6/ 0 ( c/ -L3 0 , Div. /
ORDER GRANTING POSSESSION PENDENTE LITE
WESTERN GAS SUPPLY COMPANY, a Colorado corporation,
Petitioner,
v.
LAZY D GRAZING ASSOCIATION, a Colorado corporation, FARMERS HOME
ADMINISTRATION, COLORADO INTERSTATE GAS COMPANY, a Delaware
corporation, and FRANCIS M. LOUSTALET, IN HIS CAPACITY AS
TREASURER OF WELD COUNTY, COLORADO,
Respondents.
Petitioner filed its Petition in Eminent Domain herein, duly
verified, and included therein a prayer for Order of Possession
Pendente Lite, pursuant to statutes in such cases made and
provided, praying that Petitioner be permitted to enter immedi-
ately upon the real property described below and devote it
immediately to public use as specified in the Petition in this
proceeding upon depositing with the Court such sum as it may fix,
to be applied in accordance with Title 38 , Article 5 , Section
106 , and Title 38 , Article 1 , Section 105 (6) , Colorado Revised
Statutes, 1973 , as amended. The property is described as fol-
lows :
A parcel of land in fee to construct and operate a
natural gas compressor/gas processing station in Weld
County, State of Colorado, described as follows :
A portion of the east one-half of Section 5 , Township 11 North,
Range 66 West of the Sixth Principal Meridian, County of Weld,
State of Colorado, being more particularly described as follows:
Basis of bearings is the south line of the southeast one-quarter
of Section 5 , Township 11 North, Range 66 West of the Sixth
Principal Meridian. The southeast corner of the section being
reestablished using three (3) witness corners as called for in a
monument record as dated December 23 , 1981 by RLS No. 12374 and
the south one-quarter corner being monumented by a No. 4 rebar
and land surveyor cap No. 12374 and a line between them being
assumed to bear N89°42 ' 55"W;
•
Commencing at the southeast corner of said Section 5 ; thence
N89°42 ' 55"W and along the south line of the southeast one-quarter
of said Section 5 , a distance of 682 .32 feet to the point of
beginning; thence N89°42 ' 55"W and continuing along the south line
of the southeast one-quarter of said Section 5 , a distance of
600 . 74 feet to a point on the easterly right-of-way line of
Colorado State Highway No. 85 ; thence NO3°08 ' 00"E and along the
said easterly right-of-way line, a distance of 1920 . 78 feet to a
point on the southerly line of a C.I .G. easement as described in
Book 1433 at Page 174 as recorded in the Weld County Records;
thence S86°52 ' 00"E and along said southerly line and along the
extension of said southerly line, a distance of 697 . 45 feet to a
point which is 60 . 00 feet easterly of the centerline of the
Conoco Gas Transmission Line as defined by Right-of-Way posts and
overburden of the backfill; thence S01°01 ' 55"W, a distance of
383 . 37 feet; thence S10°19 ' 37"E, a distance of 589 . 61 feet to a
point which is 50 . 00 feet easterly of a Conoco Gas Transmission
Line as defined by Right-of-Way posts and overburden of the
backfill; thence N86°52 ' 00"W, a distance of 248 .74 feet; thence
S03°08 ' 00"W and along a line 600 . 00 feet easterly of and parallel
with Colorado State Highway 85 , a distance of 934 . 39 feet to the
point of beginning, containing 29 .541 acres.
An easement to install, construct, maintain, alter,
repair, replace , reconstruct, operate and remove
pipelines and related appurtenances , fixtures, or
devices for the transportation of gas or oil, on,
under, over or through the following described lands in
Weld County, State of Colorado , the centerline of the
easement is described as follows , to-wit:
A 75 . 00 foot wide pipeline easement over and across a portion of
the east one-half of Section 5 , Township 11 North, Range 66 West
of the Sixth Principal Meridian, County of Weld, State of
Colorado, being more particularly described as follows :
Basis of bearings is the south line of the southeast one-quarter
of Section 5 , Township 11 North, Range 66 West of the Sixth
Principal Meridian. The southeast corner of the section being
reestablished using three (3) witness corners as called for in a
monument record as dated December 23 , 1981 by RLS No. 12374 and
the south one-quarter corner being monumented by a No. 4 rebar
and land surveyor cap No. 12374 and a line between them being
assumed to bear N89°42 '55"W;
Commencing at the southeast corner of said Section 5; thence
N16°24 ' 25"W, a distance of 1970 . 50 feet to a point on the southly
line of a C.I.G. easement as described in Book 1433 at Page 174
as recorded in the Weld County Records, said point being the
point of beginning; thence N01°01 ' 55"E and along a line 15 . 00
feet westerly of the centerline and an extension of said
-1-
I �
centerline as defined by Right-of-Way posts , a distance of
1534 . 10 feet; thence S88°58 ' 05"E, a distance of 75 . 00 feet;
thence S01°01 ' 55"W and along a line 60 . 00 easterly of and
parallel with the Conoco Gas Transmission Centerline and an
extension of said centerline as defined by right-o£-way posts , a
distance of 1536 . 85 feet to a point on the extension of the
southerly line of a C.I.G. easement as described in Book 1433 at
Page 174 as recorded in the Weld County Records ; thence
N86°52 ' 00"W and along the southerly line and the extension of the
said southerly C. I .G. . easement, a distance of 75 .05 feet to the
point of beginning, containing 2 . 644 acres .
The Court being fully advised in the premises , finds that
Petitioner is entitled to take immediate possession of the real
property described herein upon entry of this Order; that Peti-
tioner shall deposit the sum of $ I Z with the Court,
which sum shall be applied so far as May be necessary to the
payment of the award that may be made, and to the costs and
expenses of the proceedings , and the residue thereof, if any, to
be returned to Petitioner upon final determination herein.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Court
order that Petitioner be permitted to enter immediately upon the
real property described herein and to devote the same to the
public use as specified in said Petition, upon depositing with
the Court the sum of $ 34z. , which sum shall be applied
so far as may be necessary tb the payment of the award that may
be made, and to the costs and expenses of the proceedings , and
the residue, if any, returned to the Petitioner, all as provided
for in Section 38-5-106 , C.R.S. , 1973 .
o
DONE AND ORDERED THIS /p 14-d-ay of 77/Cu , , 1990 .
y��✓ t1,ppatop,„, BY THE COURT.()
,o,,„4 m ayaidte
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/ fc'a,—ja ` S District' Court Jud e
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-2-
•
WESTERN GAS SUPPLY COMPANY
JOB NUMBER 2777
MARCH 12, 1990, PAGE 1
REVISED MARCH 21, 1990
LEGAL DESCRIPTION-FEE LAND
A PORTION OF THE EAST ONE-HALF OF SECTION 5 , TOWNSHIP 11 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5 , TOWNSHIP 11 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE ( 3 ) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23 , 1981 BY RLS NO. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYOR CAP NO. 12374 AND A LINE BETWEEN THEM BEING
ASSUMED TO BEAR N89°42 ' 55"W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 ; THENCE
N89°42'55"W AND ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 5 A DISTANCE OF 682 . 32 FEET TO THE POINT OF
BEGINNING; THENCE N89 °42 ' 55"W AND CONTINUING ALONG THE SOUTH
LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 5 A DISTANCE OF
600 . 74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY NO. 85; THENCE N03°08 ' 00"E AND ALONG THE
SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1920 . 78 FEET TO A
POINT ON THE SOUTHERLY LINE OF A C. I . G. EASEMENT AS DESCRIBED
IN BOOK 1433 AT PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS;
THENCE S86°52 ' 00 "E AND ALONG SAID SOUTHERLY LINE AND ALONG THE
EXTENSION OF SAID SOUTHERLY LINE A DISTANCE OF 697 . 45 FEET TO A
POINT WHICH IS 60 . 00 FEET EASTERLY OF THE CENTERLINE OF THE
CONOCO GAS TRANSMISSION LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND
OVERBURDEN OF THE BACKFILL; THENCE SO1° 01 ' 55"W, A DISTANCE OF
383.37 FEET; THENCE S10°19 ' 37 "E A DISTANCE OF 589 . 61 FEET TO A
POINT WHICH IS 50 . 00 FEET EASTERLY OF A CONOCO GAS TRANSMISSION
LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND OVERBURDEN OF THE
BACKFILL; THENCE N86°52 ' 00"W A DISTANCE OF 248 . 74 FEET; THENCE
S03°08 '0099 AND ALONG A LINE 600 .00 FEET EASTERLY OF AND PARALLEL
WITH COLORADO STATE HIGHWAY 85 A DISTANCE OF 934 . 39 FEET TO THE
POINT OF BEGINNING, CONTAINING 29 .541 ACRES.
L/2777/A
•
• •
• WESTERN GAS SUPPLY COMPANY
JOB NUMBER 2777
MARCH 21, 1990, PAGE 1
LEGAL DESCRIPTION - PIPELINE EASEMENT
A 75 . 00 FOOT WIDE PIPELINE EASEMENT OVER AND ACROSS A PORTION OF
THE EAST ONE-HALF OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 66 WEST
OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD , STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5 , TOWNSHIP 11 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE ( 3 ) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23 , 1981 BY RLS NO. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYOR CAP NO. 12374 AND A LINE BETWEEN THEM BEING
ASSUMED TO BEAR N89°42' 55"W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 ; THENCE
N16 ° 24 ' 25 "W A DISTANCE OF 1970 . 50 FEET TO A POINT ON THE
SOUTHERLY LINE OF A C. I . G. EASEMENT AS DESCRIBED IN BOOK 1433 AT
PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS SAID POINT BEING
THE POINT OF BEGINNING; THENCE NO1°01 ' 55 "E AND ALONG A LINE
15.00 FEET WESTERLY OF THE CENTERLINE AND AN EXTENSION OF SAID
CENTERLINE AS DEFINED BY RIGHT-OF-WAY POSTS, A DISTANCE OF
1534 . 10 FEET; THENCE S88 ° 58 ' 05"E, A DISTANCE OF 75 . 00 FEET ;
THENCE SO1°01 ' 55"W AND ALONG A LINE 60 . 00 FEET EASTERLY OF AND
PARALLEL WITH THE CONOCO GAS TRANSMISSION CENTERLINE AND AN
EXTENSION OF SAID CENTERLINE AS DEFINED BY RIGHT-OF-WAY POSTS A
DISTANCE OF 1536 . 85 FEET TO A POINT ON THE EXTENSION OF THE
SOUTHERLY LINE OF A C. I . G. EASEMENT AS DESCRIBED IN BOOK 1433 AT
PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS ; THENCE
N86°52 ' 00"W AND ALONG THE SOUTHERLY LINE AND THE EXTENSION OF THE
SAID SOUTHERLY C. I .G . EASEMENT A DISTANCE OF 75 . 05 FEET TO THE
POINT OF BEGINNING, CONTAINING 2 . 644 ACRES.
L/2777/B
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`' )R ENGINEERING, LTD. S HEE T I OF 2
i 6857 S. Spruce Street • .
�� Englewood, Colorado 8O112 •
.303-,740-9393
Denver
BEFORE
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Phoenix
968.93 •
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Englewood, Colorado 8M I
PID
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Denver
Colorado Springs
Phoenix
Engineering
Planning'
Surveying CHALK BLUFFS COMPRESSOR SITE
WESTERN GAS SUPPLY
JOB NUMBER L/2777/C
MARCH 28 , 1990 , SHEET 2 OF 2
LEGAL DESCRIPTION
A PORTION OF THE EAST ONE-HALF OF SECTION 5 , TOWNSHIP 11 NORTH,
RANGE 66 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5 , TOWNSHIP 11 NORTH , RANGE 66 WEST , OF THE SIXTH
PRINCIPAL MERIDIAN, THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE ( 3 ) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23 , 1981 BY RLS NO. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYORS CAP 12374 AND A LINE BETWEEN THEM ASSUMED TO
BEAR N89°42 ' 55 "W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 , SAID POINT
BEING THE POINT OF BEGINNING; THENCE N89 °42 ' 55"W AND ALONG THE
SOUTH LINE OF SAID SECTION 5 , A DISTANCE OF 1283 . 05 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY
85 ; THENCE NO3 °08 ' 00 "E AND ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 5339 .32 FEET TO A POINT ON THE NORTH LINE OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 5; THENCE S89°29 ' 53"E
AND ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 5 , A DISTANCE OF 968 . 93 FEET TO THE NORTHEAST CORNER OF
SAID SECTION 5 ; THENCE S00 °14 ' 23 "E AND ALONG THE EAST LINE OF
SAID SECTION 5 , A DISTANCE OF 5329 . 28 FEET TO THE POINT OF
BEGINNING, CONTAINING 137 .8033 ACRES.
LEGAL DESCRIPTION STATEMENT
I , JAMES R. FRAKER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND ON THE BASIS
OF MY KNOWLEDG I,ORMATION AND BELIEF, IS CORRECT.
O�POO°8.,0/'
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J S R. It ER OgIVIS .n LAND SURVEYOR
f% ORADO N, A10377 ;i
FOR AND ON c1, a LF OF * NGINEERING, LTD.
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lR ENGINEERING, LTD. SHEET 1 OF 3
6857 S. Spruce Street
jr Englewood,Colorado 80112 •
303-740-9393 AFTER
Denver ,
Colorado Springs
Phoenix
968.93
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Planning io NE CON SEC S
Surveying MTN L11[, NE 1/4 EC 6
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Li S 86'52'00' E 248.74
L2 N 10'19'37' M 589.81
L3 N 1'01'55' E 383.37
L4 S 89'42'55' E 800.74
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•
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JR ENGINEERING, LTD.
6857 S. Spruce Street
��^ Englewood, Colorado 8011
.303-740-9393
Denver
Colorado Springs
Phoenix
Engineering WESTERN GAS SUPPLY COMPANY
Planning
Surveying JOB NUMBER 2777
MARCH 12, 1990, SHEET 2 OF 3
REVISED MARCH 21, 1990
LEGAL DESCRIPTION
A PORTION OF THE EAST ONE-HALF OF SECTION 5 , TOWNSHIP 11 NORTH,
RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5 , TOWNSHIP 11 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN. THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE ( 3 ) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23 , 1981 BY RLS N0. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYOR CAP N0. 12374 AND A LINE BETWEEN THEM BEING
ASSUMED TO BEAR N89°42 ' 55"W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5 ; THENCE
N89°42 551'W AND ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 5 A DISTANCE OF 682 . 32 FEET TO THE POINT OF
BEGINNING; THENCE N89 °42 ' 55"W AND CONTINUING ALONG THE SOUTH
LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 5 A DISTANCE OF
600 . 74 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY N0. 85; THENCE N03°08 ' 00"E AND ALONG THE
SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1920 . 78 FEET TO A
POINT ON THE SOUTHERLY LINE OF A C. I .G., EASEMENT AS DESCRIBED
IN BOOK 1433 AT PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS;
THENCE S86 °52 ' 0011E AND ALONG SAID SOUTHERLY LINE AND ALONG THE
EXTENSION OF SAID SOUTHERLY LINE A DISTANCE OF 697 . 45 FEET TO A
POINT WHICH IS 60 . 00 FEET EASTERLY OF THE CENTERLINE OF THE
CONOCO GAS TRANSMISSION LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND
OVERBURDEN OF THE BACKF ILL; THENCE S01° 01 55 "W, A DISTANCE OF
383 .37 FEET; THENCE S10°19 ' 37"E A DISTANCE OF 589 . 61 FEET TO A
POINT WHICH IS 50 . 00 FEET EASTERLY OF A CONOCO GAS TRANSMISSION
LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND OVERBURDEN OF THE
BACKF ILL; THENCE N86 °52 ' 00 "W A DISTANCE OF 248 . 74 FEET; THENCE
803°08 ' 00"W AND ALONG A LINE 600.00 FEET EASTERLY OF AND PARALLEL
WITH COLORADO STATE HIGHWAY 85 A DISTANCE OF 934 . 39 FEET TO THE
POINT OF BEGINNING, CONTAINING 29 .541 ACRES.
LEGAL DESCRIPTION STATEMENT
I , JAMES R. FRAKER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND ON THE BASIS
OF OWLED ATION AND BELIEF, IS CORRECT.
;o.
C.)6
•
J R S R. TiER, IST• ,• �D LAND SURVEYOR
COLORADO +8,•.10377 °wr
FOR AND ON 'I'rn g4LF OF -1 GINEERING, LTD.
.......•• S
Y:tiAL I-ANA,
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1R ENGINEERING,L.. .
6857 S.Spruce Streel
Englewood.Colorado 80112
• 903-740-9393
Denver
Colorado Springs
Phoenix
Engineering CHALK BLUFFS COMPRESSOR SITE
Planning WESTERN GAS SUPPLY
Surveying
JOB NUMBER L 2 Nil / 777/D
MARCH 28, 1990, SHEET 3 OF 3
'LEGAL DESCRIPTION
A PORTION OF THE EAST ONE-HALF OF SECTION 5, TOWNSHIP 11 NORTH,
RANGE 66 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS IS THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER
OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 66 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN, THE SOUTHEAST CORNER OF THE SECTION BEING
REESTABLISHED USING THREE (3) WITNESS CORNERS AS CALLED FOR IN A
MONUMENT RECORD AS DATED DECEMBER 23, 1981 BY RLS NO. 12374 AND
THE SOUTH ONE-QUARTER CORNER BEING MONUMENTED BY A NO. 4 REBAR
AND LAND SURVEYORS CAP 12374 AND A LINE BETWEEN THEM ASSUMED TO
BEAR N89°42'55"W;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5, SAID POINT
BEING THE POINT OF BEGINNING; THENCE N89°42'55"W AND ALONG THE
SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 5, A
DISTANCE OF 682.32 FEET; THENCE NO3°08 '00"E, A DISTANCE OF
934.39 FEET; THENCE S86°52'00"E, A DISTANCE OF 248.74 FEET TO A
POINT WHICH IS 50.00 FEET EASTERLY OF A CONOCO GAS TRANSMISSION
LINE AS DEFINED BY RIGHT-OF-WAY POSTS AND OVERBURDEN OF BACKFILL;
THENCE N10°19 '37"W, A DISTANCE OF 589 . 61 FEET; THENCE
NO1°01'55"E, A DISTANCE OF 383.37 FEET TO A POINT WHICH IS ON THE
EXTENSION OF THE SOUTHERLY LINE OF A C.I.G. EASEMENT AS DESCRIBED
IN BOOK 1433 AT PAGE 174 AS RECORDED IN THE WELD COUNTY RECORDS,
SAID POINT ALSO BEING 60.00 FEET EASTERLY OF THE CENTERLINE OF
THE CONOCO GAS TRANSMISSION LINE AS DEFINED BY RIGHT-OF-WAY POSTS
AND OVERBURDEN OF BACKFILL; THENCE N86°52'00"W AND ALONG SAID
SOUTHERLY LINE AND ALONG THE EXTENSION OF SAID SOUTHERLY LINE OF
SAID C.I.G. EASEMENT, A DISTANCE OF 697.45 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 85; THENCE
NO3°08'00"E AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 3418.55 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 5; THENCE S89°29'53"E AND ALONG THE
NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 5, A
DISTANCE OF 968.93 FEET TO THE NORTHEAST CORNER OF SAID SECTION
5; THENCE S00°14'23"E AND ALONG THE EAST LINE OF SAID SECTION 5,
A DISTANCE OF 5329.28 FEET TO THE POINT OF BEGINNING, CONTAINING
108.262 ACRES.
LEGAL DESCRIPTION STATEMENT
I, JAMES R. FRAKER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND ON THE BASIS
OF MY OWLEDG - QRMATION AND BELIEF, IS CORRECT.
J' oT R. AKER MIS1 ED LAND SURVEYOR
COiORADO 10377 o�F
FOR AND O 4ALF OF ,JRaENGINEERING, LTD.
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