HomeMy WebLinkAbout20192495.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE PCSC19-0005 - HUNT BROTHERS PROPERTIES, INC.
Exhibit Submitted By Description
A. Probable Cause Backup
Memo from Hayley Balzano indicating approval of
B. Hayley Balzano drainage report
C. Respondent Emergency Action Plan
D. Respondent Ditch Purchase and Relocation Agreement
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ASPHALT
SPECIALTIES CO.
10100 Dallas St. • Henderson, CO 80640 • (303) 28,3'8555 • Fax: (303) 289-77177
November 14, 2018
Mr. Kim Ogle
Weld County Planning Services
Senior Planner
1555 North 17th Avenue
Greeley, Colorado 80631
RE: USR 16-0041 Asphalt Plant Operations
Dear Mr. Ogle,
This teller is to provide notification to Weld County of Asphalt Specialties Ca, Inc. (ASCI) immediate
plans regarding utilizing the newly constructed onsite asphalt plant. Our intention is to start operating
the asphalt plant for onsite and offsite development until said improvements have been completed
and accepted by Weld County.
This asphalt production operation will only be used for internal operations which includes onsite and
offsite development and will not include any, commercial sales, It will include bringing in products,
including aggregate, burner fuel and asphalt oil binder needed to produce asphalt. We will also start
the recycle crushing operation for the production of RAP used in our asphalt process.
ASCI wilt continue with compiettng the necessary compliance documents req u Fred for this project, If
you have any questions, please contact us.
Sincerely,
v4s,
Daniel W. Hunt
President
raiCs
Steve and
From:
Sent:
To:
Subject:
Attachments:
Dan Hunt
Monday, May 6, 2019 12:38 PM
Steve Ward
FW: Asphalt Plant
2018 Nov 14 Asphalt Plant Notification.pdf
From: Gary Sti lim u n kes
Sent: Thursday, November 15, 2018 11:11 AM
To: Kim Ogle <kogIe@we ldgov.co m>
Cc: Greg Geras <GregG@asphaltspecialties.com>; Dan Hunt cdan@asphaltspecialties.com>
Subject: Asphalt Plant
Kim,
The following attachment is a letter of notification for the tentative operations of the asphalt plant on the north multi
use property. Let me know if you need additional information.
Thank you,
Gary Stiiirrtunkes
Asphalt Specialties Coat Inc.
10100 Dallas Street
Henderson, CO 80640
Direct line: (720)322-7056
Office: (303)289-8555
Fax: (303)289-7707
Cell: (303)994-0408
Web: wwweasphaltspecialtiescom
Confidentiality Notice: The information contained In this email belongs to the sender, is confidential and may be legally privileged. This
information is Intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution, or taking of any action in reliance on the contents of this email is prohibited, If you received this email in error,
please immediately delete and destroy all copies of the original email, attachments, and notify the sender.
Think green, keep it on the screen
1
ASPHALT
SPECIALTIES CO.
10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707
Asphalt Specialties
Weld County Road 6 Project Timeline
2016 Hunt Brothers Properties, Inc and ASCI began due diligence for the evaluation of possible
purchase of approximately 120 acres of agricultural property located along southern edge of
Weld County Road 5 between WCR 13 (Colorado Blvd) on the east and FRICO's Bull Canal on the
west. At that time, the posted speed limit on WCR 6 adjacent to the property was 45 mph. In
addition, the WCR 6 property is in a rural area of the County, with no municipal storm water
systems or facilities.
2017 In February, Hunt Brothers Properties, Inc, closed on the purchase of the WCR 6 property.
ASCI applied for a Recorded Exemption and Use by Special Review for approximately 1/3 of the
WCR 6 property. Road improvements, including acceleration and deceleration lanes along WCR
6, were designed and submitted to the County based on the posted 45 mph speed limit.
Weld County Access Permit was issued on April 612017:
Weld County Grading Permit was issued on Dec 12, 2017, Grading of the site began
immediately thereafter.
The original RECX and USR Plat were approved by the Weld County Board of Commissioners on
August 7, 2017, These plans included roadway improvements to WCR 6 based on a 45 mph
speed limit on WCR 6.
2018 Shortly after approval of the original RECX and USR Plat, the posted speed limit on WCR 6 was
increased to 55 mph. Ultimately, after various machinations including denial of additional ROW
on the north side of WCR 6, this increased speed limit required a complete redesign of the land
use plan, moving the entrance from WCR 6 to the east, as well as reengineering of the roadway
improvements with longer acceleration and deceleration lanes, The increased length of the
roadway improvements led to an increase in the size of the retention pond on the northern
portion of the site. Also, the longer deceleration lane to the west then impacted FRICO's Bull
Canal.
Multiple revisions to the engineering designs for both the roadway and site improvements were
submitted to Weld County for their approval and to facilitate amendments to the RECX and USR,
In 2018 FRICO approved plans for the ditch -to -pipe improvements for the lateral ditch that runs
across the southwest portion of the property. To date, at least four engineering reviews were
completed by FRICO's third -party engineering firm of the proposed box culvert extension at the
northwest corner of the site.
Engineering submittals to FRICO for the box culvert and related improvements to date include:
1st FRICO Public Improvement Submittal 2019-01-11 (To FRICO by Paragon)
2nd FRICO Public Improvement Submittal 2019-01-14 (To FRICO by Paragon)
3rd FRICO Public Improvement Submittal 2019-02-12 (To FRICO by Paragon)
4th FRICO Public Improvement Submittal 2019-02-12 (Singed and Approved by FRICO)
I
2019 To date, at least nine engineering submittals have been made to Weld County for the
requested land use at the site, including:
FIRST SUBMITTAL 2017.09.13
SECOND SUBMITTAL 2017.09 26
REVISION 01 2017.10.04
THIRD SUBMITTAL 2017.10.11
FOURTH SUBMITTAL 2017.11.14
REVISION 03 2018.01.09 (only submitted to FRICO)
REVISION 05 2018.01.17
REVISION 06 2019.03.01
REVISION 07 2019.04.04
To date, nine engineering submittals have been made to Weld County concerning roadway
improvements, including:
1st Public Improvement Submittal 2017-12-18 (To Weld County)
2nd Public Improvement Submittal 2018-01-16 (To Weld County)
3rd Public Improvement Submittal 2018-04-19 (To Weld County)
4th Public Improvement Submittal 2018-07-30 (To Weld County)
5th Public Improvement Submittal 2018-08-13 (To Weld County)
Approved Public Improvement Plans Submitted on 2018-08-24 (To Weld County)
Note: FRICO rejected plans and requested all improvement to be south of center line of WCR 6
(Submitted to FRICO by Weld County)
6th Public Improvement Submittal 2018-11-28 (To Weld County) 1st layout south of CL
7th Public Improvement Submittal 2019-01-11 (To Weld County) 2nd layout south of CL
8th Public Improvement Submittal 2019-03-13 (To Weld County)
9th Public Improvement Submittal 2019-04-29 (To Weld County)
Building Permits
In February, ASCI received a Courtesy Letter from Weld County's Depart of Planning Services
indicating that building permits were required for the asphalt plant at the WCR 6 property.
In an initial conversation with a representative of the Weld County Building Department, ASCI
was told that permits would only be required for the foundation and silos on the site. ASCI
attempted to file a Commercial Building Permit Application (for an as -built inspection and
permit) on March 11, 2019 for the silos and their engineered foundation. The application was
rejected at the start.
Subsequently, others at the County indicated that permits were required for the entire plant.
On April 5, 2019, a Stop Work notice was posted on the asphalt plant at the WCR 6 property.
On May 1, 2019, ASCI submitted a Commercial Building Permit Application for the asphalt plant
along with a separate but related application for electrical work at the plant. After conferring
with representatives from the Weld County Building Department, these applications designated
those components of the plant deemed 'Portable' and `Fixed,' with ASCI applying for a building
permit for the 'Fixed' components at the plant.
Note: ASCI has submitted Commercial Building Permit Applications for the asphalt plant in an
effort to move this project forward. This marks the first time we have been required to submit
building permit applications for an asphalt plant in any jurisdiction. Inquiries to some of our
competitors have not found any existing asphalt or concrete batch plants for which building
permits were required or applied for. We consider our asphalt plants to be comprised of
portable equipment, without walls or roofs, and have never been required to permit this
equipment in any other jurisdiction.
MEMORANDUM
TO: Steve Ward, Asphalt Specialties Company, Inc.
FROM: Hayley Balzano, Public Works
DATE: June 26, 2019
SUBJECT: USR16-0041 Drainage and Grading
Hello Steve.
This memo serves to indicate approval of the Drainage Report, Variance Request for retention, drainage
construction drawings and Grading Permit. The Variance Request was approved on June 6, 2019 (see
attached). The Drainage Report was approved on June 7, 2019 (revision dated May 24, 2019, cover page
attached — full report on file). The construction drawings that accompanied the approved Drainage Report
were Revision 9. dated May 4, 2019 (see attached). The Grading Permit GRD19-0028 was issued June 7,
2019 (see attached) .
This memo is specific to the items listed above and does not provide approval of any other items, conditions
or development standards tied to USR16-0041.
Thank you for your cooperation.
CERTIFICATION OF COMPLIANCE
ENGINEERING DESIGNED TO WELD COUNTY CODE STANDARDS AND CRITERIA
I Mark Thornbrough Consultant Engineer for ASPHALT SPECIALTIES CO, INC.
("Applicant"), understand and acknowledge that Applicant is seeking land use approval of
A.S.C.I. NORTH MULTIPLE -USE DEVELOPMENT ("Application") for the property described in the attached Exhibit
"A." I have designed or reviewed the design ("Design") for the proposed land use set forth in the Application. I hereby
certify, on behalf of Applicant that the Design will meet all applicable drainage requirements of the Weld County Code
with the exception of variance(s) described below. This certification is not a guarantee or warranty either expressed or
implied.
(Engineer's Stamp)
Engineer o ord Signature
VARIANCE
REQUEST
1)
Describe
the
Weld
County
Code
criteria
of which
a variance is
being
requested.
2)
Describe
why
it
is not
possible
to meet
the
Weld
County
Code.
3)
Describe
the
proposed
alternative
with
engineering
rational
which
supports
the
intent
of
the
Weld
County
Code.
1.
a) Sec. 23-12-90.B
Stormwater
Retention
b) Sec. 23-12-90.A.6
Emergency
Spillway
Buried
Riprap
2. a)
The
East
Branch
of
the
Bull
Canal,
managed
by
Farmers
Reservoir
and
Irrigation
Company
(FRICO;,
is
blocking
the
historic
natural
stormwater
conveyance
path.
FRICO
will
not
allow
stormwater
runoff
into
FRICO
property
or their
facilities.
To
satisfy
FRICO's
criteria,
stormwater
retention
is
proposed.
b) Weld
County
Code
requires
"buried
riprap"
in
the
emergency spillway.
We
believe
that
appropriate
armoring
to
_prevent
erosion
meets
the
intent
of
the
Weld
County
Code.
As demonstrated
within
the
attached
calculations,
native
grasses
are sufficient
armoring
to mitigate
erosion
from the
100
-year
developed
peak
flow
through
the
spillway.
3.
a) The
retention
pond
will
be designed
according
to
section
5.11.2
Retention
Criteria
of
the
Weld
County
Engineering
&
Construction
Criteria.
The
retention
pond
was
designed
using infiltration
rates
from
the geotechnical
report
"Percolation
Test
Report"
by
Cesare,
Inc.
dated
October
31,
2017.
As designed,
the
retention
pond
drains
in 98
hours
via
infiltration.
It
is acknowledged
that
the
variance
request
is
based on site
-specific
constraints
and
is
not
precedent
-setting.
b)
The
calculations
attached
demonstrate
that
the
native
grasses are adequate
for
protecting
against
erosion
from lett
-the
100
-year developed
peak
flow.
In
place
of
buried
riprap,
a seed
mix
planted
in a minimum of
4" of
topsoil
and
covered
with
Black
Biotic
Earth
(HGM)
at
4,500
pounds
per acre will
be used. A
temporary
soil
retention
blanket
able
to last
three
to
five
years
will
be
maintained
until
the
area is
70% seeded.
I
understand
and
agree
that
the
intention
of
the
Code
is to reduce
impacts
of
development
on neighboring
downstream
properties
specific
and
constraints.
the
public.
I
understand
if
this variance request
is approved
it is not precedent
setting and
is
based
on
site
-Planning-BireeterApproval
indicated
when
signed
by director
or appointee:
L/-
eP1anning
birectnr
Name
ati,e4
Ef tgri
J
A
���-
Signature
Date
of
approval
•
0 009
1/13/15
DRAINAGE REPORT
(PERMIT SUBMITTAL)
FOR
ASCI NORTH MULTIPLE -USE DEVELOPMENT
WELD COUNTY, COLORADO
September 13, 2017
Revised: September 26, 2017
Revised: October 4, 2017
Revised: November 14, 2017
Revised: January 17, 2019
Revised: March 1, 2019
Revised: April 4, 2019
Revised: May 24, 2019
PREPARED FOR:
PREPARED BY:
Mr. Steve Ward
Asphalt Specialties CO, Inc
10100 Dallas Street
Henderson, CO 80640
MARTIN/MARTIN, INC.
12499 WEST Colfax Avenue
Lakewood, Colorado 80215
(303) 431-6100
PRINCIPAL -IN -CHARGE: Mark Thornbrough, P.E.
DESIGN ENGINEER: Mark Sundstrom
PROJECT NUMBER: 16.0759
•
!'XIS,WC
j'4I
3'4L - - - -
a
GV
W
LEGEND
PROPERTY LINE
RIGHT-OF-WAY LINE.
EASEMENT
CONTOURS
PAVEMENT
GRAVEL
GRASS
TRAFFIC DIRECTION
CONCRETE PAN
PROPOSED
(40
6 CYCLONE PRIVACY FENCE
(WITn SEATS)
6' CYCLONE FENCE
THREE -STRAND BARB WIRE
OVERHEAD ELECTRIC LINE
POWER POLE
LIGHT POLE
OIL/GAS LINE VENT
OIL/GAS VALVE STRUCTURE
OIL/GAS WELL
TRANSMISSION LINE TOWE R
—K—
(APPROXIMATE)
►-O-• (APPROXIMATE)
PARCEL NUMBER: PORTION of 1467725000026
ZONE DISTRICT; AGRICULTURAL
OVERLAY DISTRICT: GEOLOGIC HAZARD
PROPOSED USE:
MULTIPLE USES 01 OFFICE BUILDING. HEAVY EQUIPMENT REPAIR FACILITY.
EQUIPMENT AND TRUCK STORAGE, DC LAB. ASPHALT CEMENT STORAGE.
CONSTRUCTION MATERIALS RECYCLING. AND ASPHALT PRODUCTION ALL IN
THE AGRICULTURAL ZONE WITH A uSR
LEGAL DESCRIPTION:
-HE N 1/2 OF THE NE 1/4 AND THE N 1/2 OF THE S 1/2 OF THE NE
1/4 OF SECTION 25, AND ALL THAT PART OF THE E 1/7 OF THE NW 1/4
OF SECTION 25, LYING EAST OF THE RIGHT OF WAY OF THE UNION PACIFIC
RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY Of THE BULL
:ANAL. ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M ,
COUNTY OF WELD. STATE OF COLORADO.
OWNER
.,LINT BROTHERS PROPERTIES. INC
10100 DALLAS ST
HENDE.RSON, CO 80002
(303) 289-8555
')ANIEL W. HUNT, PRESIDENT
APPLICANT:
ASPHALT SPECIALTIES CO, INC
10100 DALLAS Si
HENDERSON. CO 80640
(303) 289-8555
NOTES:
1
Y PROVIDED BY AMERICANWESTSU
RVEYING ROV DC AME IO LAND SURVE NG CO A COLORADO
CORPORATION DATED JUNE 8, 2016
2 ALL ELEVATIONS ARE BASED UPON STATIC CPS OBSERVATIONS AND ARE
REPORTED IN NAVD 88 DATUM.
A.S.C.I. NORTH MULTIPLE -USE DEVELOPMENT
A PART OF THE NORTH 1/2 OF SECTION 25 TOWNSHIP 1 NORTH
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
cc
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(SITE LOCATION
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RESUBMITTAL
NOTES
NO CHANGES FROM
PREVIOUSLY APPROVED BY
WELD COUNTY AND FRICO
+u CHANGES FROM
-JAIL,OUSLY APPROVED BY
WELD COUNTY AND FRICO
NO CHANGES FROM
PREVIOUSLY APPROVED BY
WELD COUNTY AND FRICO
NO CHANGES FROM
PREVIOUSLY APPROVED BY
WELD COUNTY AND ERIC_O
VICINITY MAP
SCALE 1'-2000'
Sheet List Table
Sheet Number
Sheet Title
& REVISE D
F
/ REVISED
L
®REVISED
C302 _
6000
COVER SHEET
COOT
C002
COTO
GENERAL NOTES
FRICO NOTES
EXISTING CONDITIONS
C100
OVERALL GRADING PLAN
CI01
ROAD PLAN AND EROSION CONTROL
C102
ROAD PROFILE AND TYPICAL SECTION
C110
NORTH POND SECTIONS
C120
DETENTION POND NO. 1 DETAILS
0121
DETENTION POND NO. 2 DETAILS
C122
DRAINAGE DETAILS
C200
0210
CULVERT PLAN
SITE DETAILS
C300
C301
EROSION R SEDIMENT CTRL PLAN
EROSION CONTROL DETAILS
EROSION CONTROL DETAILS
FRICO APPROVAL BLOCK
THE SIGNATURE. OF THE GENERAL MANAGER OF FRICO IS FOR THE PURPOSES OF
ACKNOWLEDGING ACCEPTANCE OF THE DESIGN OF THE PERMITTED
STRUCTURESONLY THE SIGNATURE SHALL NOT IN ANY WAY CHANGE THE RIGHTS
AND OBLICr►TIONS OF EITHER PARTY WITH RESPECT TO THE [TITLE OF EASEMENT
OR LICENSE AGREEMENT] TO WHICH THESE DESIGNS ARE ATTACHED FRICO IS
EXPRESSLY RELYING UPON THE DESIGN STANDARDS AND PERFORMANCE STANDARDS
SET FORTH IN THESE DRAWINGS AS PRESENTED BY [NAME OF APPLICANT). AND
(NAME OF APPLICANT) SHALL BE SOLELY RESPONSIBLE THAT, AS CONSTRUCTED.
THE PERMITTED STRUCTURES SHALL PERFORM AS SPECIFIED HEREIN
GENERAL MANAGER. THE FARMERS RESERVOIR AND IRRIGATION COMPANY
SCOTT EDGAR. GENERAL MANAGER
FARMERS RESERVOIR AND IRRIGATION COMPANY (F RICO)
80 SOUTH 271H AVENUE
BRIGHTON. CO 80601
(303) 659-7373
UTILITY LOCATION NOTES:
EROSION CONTROL NOTES.
1. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS AND IMPLEMENTING AND MAINTAINING EROSION
AND SEDIMENT CONTROL MEASURES AT ALL TIMES DURING CONSTRUCTION TO PREVENT DAMAGING FLOWS ON THE SETE AND
IN THE WATERSHED BELOW THE SITE CONTROL SYSTEMS SHALL BE INSTALLED PRIOR TO STRIPPING OF NATIVE VEGETATIVE
COVER AND AS GRADING PROGRESSES. REFER TO SEDIMENT AND EROSION CONTROL PLANS AND STORM WATER
MANAGEMENT PLAN CONDITIONS IN THE FIELD MAY WARRANT EROSION CONTROL MEASURES IN ADDITION TO WHAT IS
SHOWN ON THESE PLANS THE PLAN MAY BE MODIFIED WITH APPROPRIATE APPROVALS AS FIELD CONDITIONS WARRANT
2 NATURAL VEGETATION SHALL BE RETAINED AND PROTECTED WHEREVER POSSIBLE. EXPOSURE OF SOIL TO EROSION BY
REMOVAL OR DISTURBANCE OF VEGETATION SHALL BE LIMITED TO THE AREA REQUIRED FOR IMMEDIATE CONSTRUCTION
OPERATION AND FOR THE SHORTEST PRACTICAL PERIOD OF TIME
3 TOPSOIL SHALL BE STOCKPILED TO THE EXTENT PRACTICABLE ON THE SITE FOR USE ON AREAS TO BE REVEGETATEO. ANY
AND ALL STOCKPILES SHALL BE LOCATED AND PROTECTED FROM EROSIVE ELEMENTS.
4 AT ALL TIMES, THE PROPERTY SHALL BE MAINTAINED AND/OR WATERED TO PREVENT WIND -CAUSED EROSION. EARTHWORK
OPERATIONS SHALL BE DISCONTINUED WHEN FUGITIVE DUST SIGNIFICANTLY IMPACTS ADJACENT PROPERTY IF EARTHWORK IS
COMPLETE OR DISCONTINUED AND DUST FROM THE SITE CONTINUES TO CREATE PROBLEMS. THE CONTRACTOR SHALL
IMMEDATELY INSTITUTE MITIGATIVE MEASURES AND SWILL CORRECT DAMAGE TO ADJACENT PROPERTY.
S PERMANENT OR TEMPORARY SOIL STABILIZATION MEASURES SHALL BE APPLIED TO DISTURBED AREAS WITHIN 30 DAYS AFTER
FINAL GRADE IS REACHED ON ANY PORTION OF THE SITE UNLESS SPECIFIED OTHERWISE. TEMPORARY VEGETATION SHALL
BE INSTALLED ON ALL DISTURBED AREAS WHERE PERMANENT SURFACE IMPROVEMENTS ARE NOT SCHEDULED FOR
INSTALLATION WITHIN THREE MONTHS. TEMPORARY VEGETATION SHALL BE A VIGOROUS. DROUGHT TOLERANT. NATIVE SPECIES
Mix PROJECT SCHEDULING SHOULD TAXI ADVANTAGE OF SPRING OR FALL PLANTING SEASONS FOR NATURAL GERMINATION.
BUT SEEDED AREAS SHALL BE IRRIGATED. IF CONDITIONS MERIT REFER TO THE LANDSCAPE PLAN FOR FINAL LANDSCAPING.
6 TEMPORARY FENCES SHALL BE INSTALLED ALONG ALL BOUNDARIES OF THE CONSTRUCTION LIMITS OR PROPERTY LINES AS
SHOWN ON THE APPROVED EROSION CONTROL PLAN. TO PREVENT GRADING ON PROPERTY NOT OWNED BY THE
OWNER/DEVELOPER. IN ADDITION, THE WELD COUNTY MAY REQUIRE ADDITIONAL TEMPORARY FENCES IF FIELD CONDITIONS
WARRANT
7 THE CONTRACTOR SHALL PREVENT SEDIMENT. DEBRIS AND ALL OTHER POLLUTANTS FROM ENTERING THE STORM SEWER
SYSTEM DURING All DEMOLITION, EXCAVATION, TRENCHING, GRADING OR OTHER CONSTRUCTION OPERATIONS THAT ARE PART
OF THIS PROJECT THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR REMEDIATION OF ANY ADVERSE IMPACTS TO
ADJACENT WATERWAYS. ROADWAYS WETLANDS. ETC . RESULTING FROM WORK DONE AS PART OF THIS PROJECT
8 THE CONTRACTOR AND/OR THEIR AUTHORIZED AGENTS SHALL REMOVE ALL SEDIMENT, MUD, CONSTRUCTION DEBRIS. OR
OTHER POTENTIAL POLLUTANTS THAT MAY HAVE BEEN INADVERTENTLY DISCHARGED TO. OR ACCUMULATED IN. THE FLOWLINES
AND PUBLIC RIGHT -OF -WAY AS A RESULT OF CONSTRUCTION ACTIVITIES ASSOCIATED WITH THIS SITE DEVELOPMENT OR
CONSTRUCTION PROJECT
9 THE GRADING CONTRACTOR AND/OR THEIR AUTHORIZED AGENTS SHALL INSURE THAT ALL LOADS OF CUT AND FILL MATERIAL
IMPORTED TO OR EXPORTED FROM THIS SETE SHALL BE PROPERLY COVERED TO PREVENT LOSS OF THE MATERIAL DURING
TRANSPORT ON PUBLIC ROADWAYS
10.APPROVED EROSION AND SEDIMENT CONTROL "BEST MANAGEMENT PRACTICES" [BMP) SHALL BE MAINTAINED AND KEPT IN
GOOD REPAIR FOR THE DURATION OF THIS PROJECT AT A MINIMUM. THE CONTRACTOR OR HIS AGENT SHALL INSPECT ALL
BAPS WEEKLY AND AFTER SIGNIFICANT PRECIPITATION EVENTS ALL NECESSARY MAINTENANCE AND REPAIR SHALL BE
COMPLETED IN A TIMELY MANNER. ACCUMULATED SEDIMENT AND DEBRIS SHALL BE REMOVED FROM A BMP WHEN THE
SEDIMENT LEVEL REACHES ONE HALF THE HEIGHT OF THE BMP OR, AT ANY TIME THAT SEDIMENT OR DEBRIS ADVERSELY
IMPACTS THE FUNCTIONING OF THE BMP.
TT WATER USED IN THE CLEANING OF CEMENT TRUCK DELIVERY CHUTES SHALL BE DISCHARGED INTO A PREDEFINED. BERMED
CONTAINMENT AREA ON THE JOB SITE THE REQUIRED CONTAINMENT AREA IS TO BE BERMED SO THAT WASH WATER IS
TOTALLY CONTAINED WASH WATER DISCHARGED INTO THE CONTAINMENT AREA SHALL BE ALLOWED TO INFILTRATE OR
EVAPORATE DRIED CEMENT WASTE SHALL BE REMOVED FROM THE CONTAINMENT AREA AND PROPERLY DISPOSED OF SHOULD
A PREDEFINED BERMED CONTAINMENT AREA NOT BE AVAILABLE DUE TO THE PROJECT SIZE. OR LACK OF AN AREA WITH A
SUITABLE GROUND SURFACE FOR ESTABLISHING A CONTAINMENT AREA, PROPER DISPOSAL OF READY MIX WASHOUT AND
RINSE OFF WATER AT THE JOB SITE SHALL CONFORM TO THE APPROVED TECHNIQUES AND PRACTICES IDENTIFIED IN THE
COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT'S TRAINING VIDEO ENTITLED "BUILDING FOR A CLEANER
ENVIRONMENT. READY MIX WASHOUT TRAINING AND ITS ACCOMPANYING MANUAL ENTITLED. 'READY MIX WASHOUT GUIDEBOOK.
VEHICLE AND EQUIPMENT WASHOUT AT CONSTRUCTION SITES-' THE DIRECT OR INDIRECT DISCHARGE OF WATER CONTAINING
WASTE CEMENT TO THE STORM SEWER SYSTEM IS PROHIBITED. INFORMATION ABOUT. OR COPIES OF THE VIDEO AND TRAINING
MANUAL ARE AVAILABLE FROM THE WATER QUALITY CONTROL DIVISION. COLORADO DEPARTMENT OF PUBLIC HEALTH it
ENVIRONMENT. 4300 CHERRY CREEK DRIVE SOUTH, DENVER, COLORADO 80722 1530, 303-692-3555
12 THE CONTRACTOR SHALL PROTECT ALL STORM SEWER FACILITIES ADJACENT TO ANY LOCATION WHERE PAVEMENT CUTE INF,
OPERATIONS INVOLVING WHEEL CUTTING. SAW CUTTING OR ABRASIVE WATER JET CUTTING ARE TO TAKE PLACE. THE
CONTRACTOR SHALL REMOVE AND PROPERLY DISPOSE Or ALL WASTE PRODUCTS GENERATED BY SAID CUTTING OPERATIONS
ON A DAILY BASIS. THE DISCHARGE OF ANY WATER CONTAMINATED BY WASTE PRODUCTS FROM CUTTING OPERATIONS TO THE
STORM SEWER SYSTEM IS PROHIBITED.
13 PAVED SURFACES WHICH ARE ADJACENT TO CONSTRUCTION SITES SHALL BE SWEPT IN A TIMELY MANNER WHEN SEDIMENT
AND OTHER MATERIALS ARE TRACKED OR DISCHARGED ON TO THEM EITHER SWEEPING BY HAND OR USE OF STREET
SWEEPERS 6 ACCEPTABLE STREET SWEEPERS USING WATER WHILE SWEEPING IS PREFERRED IN ORDER TO MINIMIZE DUST
FLUSHING OFF PAVED SURFACES WITH WATER IS PROHIBITED
THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF
COLORADO (UNCC) AT 1-800-922-1087. AT LEAST 48 HOURS PRIOR TO
CONSTRUCTION TO HAVE ALL REGISTERED UTILITY LOCATIONS MARKED OTHER
UNREGISTERED UTILITY ENTITIES ARE TO BE LOCATED BY CONTACTING THE
RESPECTIVE REPRESENTATIVE. UTILITY SERVICE LATERALS ARE ALSO TO BE
LOCATED PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL FIELD VERIFY
SIZE. AND HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING FACILITIES PRIOR
TO CONSTRUCTION AND NOTIFY THE ENGINEER AND WELD COUNTY OF ANY
DISCRE PANCIES,
2 MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY LOCATIONS. THE
UTILITIES SHOWN ON THESE PLANS HAVE BEEN PLOTTED FROM THE BEST
AVAILABLE INFORMATION IT IS HOWEVER. THE CONTRACTOR'S RESPONSIBILITY TO
FIELD VERIFY THE LOCATION, [HORIZONTAL AND VERTICAL) OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION AND NOTIFY THE
ENGINEER AND WELD COUNTY 01 ANY DISCREPANCIES
UNCC Know what', (below.
.lNYLf: � . ,;x; Call before you dig.
CALL 811 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG. GRADE OR EXCAVATE FOR
MARKING OF UNDERGROUND MEMBER UTILITIES
MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
PLOTTED FROM THE BEST AVAILABLE INFORMATION IT IS, HOWEVER,
THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE,
MATERIAL, HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION
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M. THORNBROUCH
M. SUNDSTROM
M. SUNDSTROM
THORNBROUGH
400 Number
Project Manager
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Principal In Chorge
Sheet Number
C000
WELD COUNTY GRADING PERMIT
PUBLIC WORKS DEPARTMENT
1111 H STREET
GREELEY, CO 80631
PHONE (970) 400-3750
Permit Number: GRD19-0028
Issuance of this Grading Permit binds Permit Holder and its Contractors to all requirements, provisions, and ordinances of Welc
County, Colorado The Permit Holder is required to call for inspections at the completion of Grading Intermittent inspections
may occur without notification and prior to the request for final inspection The Permit Holder shall have this issued Grading
Permit available onsite for the inspector Grading Permits are not transferable Italicized words within this Grading Permit
correspond to defined terms contained in Weld County Code Chapter 8, Article XII
As a condition of issuance of this Grading Permit, Permit Holder acknowledges that in the case where this Grading Permit is
issued prior to the final approval of any required land use application and/or prior to the satisfaction by Permit Holder of the
terms and conditions of any approved land use application, all work conducted pursuant to this Grading Permit is at the sole
risk and responsibility of Permit Holder, its officers, employees, subcontractors, Contractors, and agents Issuance of this
Grading Permit in no way represents or implies that Weld County, its officers, employees, departments, or boards and
commissions will approve, or favor approval of, any pending land use application made by Permit Holder
As a condition of issuance of this Grading Permit, Permit Holder, its agents, employees, subcontractors, contractors and assigns
hereby agree to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all
loss and damage or any claims which may arise out of, or be connected with, the construction within the area covered by this
Grading Permit, excluding any such loss and damage or any claims (including consequential damages) which may be caused
solely by the negligence of Weld County, the agencies thereof or its officers and employees
Do Not Begin Site Grading Until All Erosion Contol Measures Are In Place Per The Accepted Grading Plans
Applied Date 06/04/2019
Project Address
Disturbed Acres
Access Location
Job Description
Parcel Number
Owner Name
Owner Address
Status Issued
Status Date 06/07/2019
44 39 Expiration Date 06/07/2020
CR 6 east of CR 11 Planning Case USR16-0041
Grading for the construction of shop building, asphalt plant, culvert, visual/noise berm, detention and
retention facilities Note that issuance of this permit does not indicate approval of an access permit
146725100052-R8956947
Contacts
Business
Asphalt Specialties Co INC
Asphalt Specialties Co INC
Type/Relationship
Applicant
Applicant
Authonzed Agent
Authorized Agent
Payment Summary
Receipt # Payment Method
110634 Check
Comments
CR 6 east of CR 11
Address
10100 Dallas Street
Henderson CO 80640
10100 Dallas Street
Henderson CO 80640
Payment Ref #
108242
Email/Phone
steve@asphaltspecialties com
303-289-8555
steve@asphaltspecialties com
303-289-8555
Payment Date
06/04/2019
Total
Payment Amount
$224 39
$224 39
6/7/2019 2 39 35PM
Page 1 of 3
Inspections
Date
Inspector
Notes
Final
I
6/7/2019 2 39 35PM
Page 2 of 3
Applied Date
Project Address
Disturbed Acres
Access Location
Job Description
Parcel Number
Owner Name
Owner Address
06/04/2019
Status
Status Date
44 39 Expiration Date
CR 6 east of CR 11 Planning Case
Grading for the construction of shop building, asphalt plant, culvert, visual/noise berm, detention and
retention facilities Note that issuance of this permit does not indicate approval of an access permit
146725100053-R8956949
Contacts
Business
Asphalt Specialties Co INC
Asphalt Specialties Co INC
Type/Relationship
Applicant
Applicant
Authonzed Agent
Authorized Agent
Payment Summary
Receipt # Payment Method
110634 Check
Comments
CR 6 east of CR 11
Inspections
Address
10100 Dallas Street
Henderson CO 80640
10100 Dallas Street
Henderson CO 80640
Payment Ref #
108242
Issued
06/07/2019
06/07/2020
USR16-0041
Email/Phone
steve@asphaltspecialties corn
303-289-8555
steve@asphaltspecialties corn
303-289-8555
Payment Date
06/04/2019
Total
Payment Amount
$224 39
$224 39
Date
Inspector
Notes
Final
i
6/7/2019 2 39 35PM
Page 3 of 3
Asphalt Specialties Co. Inc.
Weld County Road 6 Asphalt Plant and Shop
Emergency Action Plan - 2019
Notification Procedures for Emergency Contacts
IN CASE OF AN EMERGENCY, PLEASE FOLLOW THESE STEPS IN RESPONSE
1) INITIAL EMERGENCY CONTACT- IF LIFE THREATENING OR FIRE Call 911 immediately with the proper
information about the emergency:
A. Give the location of the incident on site.
B. Type of emergency:
1) Personal injury that is life threatening
2) Vehicle accident resulting in personal injury that is life threatening
3) Fire
4) Tornado, flood, other natural disaster
C. Request Emergency Services if necessary
After calling 911, contact Raul Perez — Plant Operator/Lead Foreman, 303-947-0668. with the same information.
2) NON — LIFE THREATENING — Contact Raul Perez -- Plant Operator/Lead Foreman, 303-947-0668, who will then
contact
a. Emergency Services if he deems it is necessary;
b. Arne Merchant (303) 994 - 5811 immediately with accident information; and
c. Greg Neely (303) 503 - 2081
3) Plant Operator / Lead Foreman will be the direct contact with all emergency authorities until Greg Neely 303) 503 -
2081 or Arne Merchant (303) 994-5811 are available.
a. All information will be directly coordinated through Plant Operator / Lead Foreman from this point.
h. Depending upon the emergency, they will make decisions on specific details regarding jobsite conditions
and evacuation areas.
6) Employees working at the Road 6 site will evacuate to an area just inside the Front Entrance.
7) Plant Operator / Lead Foreman will need to keep the crews together, direct crew tasks and account for all persons
know to be at the mine.
a. Report the head count to Greg Neely (303) 503 - 2081.
b. Keep all subcontractors and visitors on site until arrival of Greg Neely or Arne Merchant.
c. Obtain a list of subcontractors and visitors names with their phone numbers.
d. Keep all traffic off site except for emergency vehicles and necessary company vehicles.
8) Greg Neely (303) 503 - 2081 or Arne Merchant (303) 994 - 5811 will:
a. Coordinate flaggers with radios to provide access and guide emergency vehicles to the site.
b. Contact OSHA and State authorities as required.
c. Debrief witnesses, subcontractors and visitors.
d. Brief arriving personnel and relay information to main office. will stay onsite, help with company
personnel, coordinate evacuation area and keep area clear for all emergency vehicles to access
incident area.
Approved by:
Brighton Fire District,
I have reviewed
this document
2019.06.19
14:52:13-06'00'
Digitally signed by David
Weld County Office of Emergency Management, David Rumsw_s;a:1n,o!IA ,oi ,.Q4
ASCI Safety Manager, Arne Merchant
06'0.
#4074 Lateral 1 2017-166
DITCH PURCHASE AND RELOCATION AGREEMENT
This itch Purc ase and Relocation Agreement ("AGREEMENT") is made and entered into
as of the day o 20 ("EFFECTIVE DATE"), by and between THE FARMERS
RESERVOIR AND I IGATI N COMPANY, a Colorado mutual ditch company whose
address is 80 South 27th Avenue, Brighton, Colorado 80601 ("FRICO"), and HUNT
BROTHERS PROPERTIES, INC., a Colorado corporation, whose address is 10100 Dallas
Street, Henderson, Colorado 80640 ("GRANTEE"). FRICO and Grantee are referred to herein
each as a "Party" and collectively as the "Parties."
BACKGROUND
Grantee is the owner of real property located in County of Weld, Colorado ("GRANTEE
PROPERTY"), as more particularly described in Exhibit A, and located in Section 25, Township 1
North, Range 68 West of the 6th PM, all in the County of Weld, Colorado.
FRICO owns or controls certain real property (including canal improvements) commonly
known as the Lateral 1 of the Bull Canal ("CANAL"), a portion of which is located in Section 25,
Township 1 North, Range 68 West of the Sixth Principal Meridian. FRICO is the fee -simple
owner of that portion of the Canal that runs through or adjacent to the Grantee Property. The
Grantee Property, and the Canal (hereinafter, collectively, the "AFFECTED PROPERTIES") are
more particularly described in Exhibit A.
In connection with and in furtherance of Grantee's development of the Grantee Property,
Grantee desires to relocate the Canal reach that runs through and adjacent to the Grantee
Property (together with its associated right-of-way, the "EXISTING CANAL SITE") into a pipeline
in the location described on Exhibit B, (together with its associated right-of-way, the
"RELOCATED CANAL SITE"), and to purchase the Existing Canal Site from FRICO, subject to the
terms of this Agreement.
The Parties enter into this Agreement for the purpose of setting forth their respective
rights and obligations and their understandings and agreements regarding the relocation of the
Canal from the Existing Canal Site to the Relocated Canal Site.
In consideration of the amount described in Section 9 below, and other amounts to be
paid by Grantee to FRICO hereunder, and the mutual covenants, promises, and agreements set
forth herein, and other good and valuable consideration, the sufficiency and receipt of which are
hereby acknowledged, it is agreed between the Parties as follows:
AGREEMENT
1. INCORPORATION OF BACKGROUND. Words and phrases that are defined in the
Background set forth above have the same definitions in this Agreement. The Exhibits attached
hereto are incorporated into this Agreement by this reference. Otherwise, the Background is
provided only to show the intent of the Parties in entering this Agreement.
2. SEQUENCING OF PERFORMANCE. This Agreement is intended to be performed in
a certain sequence. The sequence is outlined below. Specific requirements for each item in the
Ditch Purchase and Relocation Agreement
sequence are set forth in the cross-referenced sections, which shall control in the event of a
conflict with this Section
(a) Grantee shall submit to FRICO construction plans, specifications, and
drawings (collectively, "PLANS"), for the relocated canal and improvements and
appurtenances to be constructed and installed at the Relocated Canal Site (collectively,
"RELOCATED CANAL IMPROVEMENTS") for FRICO's review and approval according to
FRICO's design standards and sound engineering and ditch management principles
Upon approval, the Plans will be attached as Exhibit C.
(b) Within five business days after execution of this Agreement, Grantee
shall (i) provide FRICO with a survey and title commitment for the Relocated Canal Site
from a title insurance company selected by FRICO, and (n) deposit $10,000 of earnest
money with the Title Company (defined in Section 3, below), to be held in escrow and
applied towards the purchase price If FRICO objects to any matters of survey or title,
Grantee will resolve the issue to FRICO's satisfaction Specific requirements regarding
title and survey are set out in Section 3, below The earnest money deposit is non-
refundable unless Grantee is not in default hereunder and FRICO defaults and refuses to
close the transaction contemplated by this Agreement
(c) Grantee agrees to maintain and replace, in perpetuity, the Relocated Canal
Improvements Specific requirements for this Paragraph (c) are set out in Section 4,
below
(d) Grantee provides for performance security and obtains a Temporary
Access and Construction Permit from FRICO (for work on property owned or controlled
by FRICO) and all required permits from the State of Colorado and agencies of the
federal government, as applicable (collectively, "PERMITTING AUTHORITIES") Specific
requirements for this Paragraph (d) are set out in Section 5, below
(e) Grantee constructs the Relocated Canal Improvements Specific
requirements for this Paragraph (e) are set out in Section 6, below
(f) FRICO inspects the Relocated Canal Improvements, and Grantee makes
such repairs or corrections as required by FRICO Grantee obtains such final inspections
as may be required by Permitting Authorities Upon FRICO's satisfaction with the
condition of the Relocated Canal Improvements, FRICO accepts the Relocated Canal
Improvements Specific requirements for this Paragraph (f) are set out in Section 7,
below
(g) A closing occurs in which Grantee executes and delivers to FRICO a
Ditch Easement Agreement for the Relocated Canal Site ("FRICO EASEMENT"), FRICO
executes and delivers to Grantee a quitclaim deed for the portion of the Existing Canal
Site that traverses the Grantee Property and Grantee pays FRICO the Purchase Price as
described in Section 8, below Upon closing, FRICO commences use of the Relocated
Canal Improvements Specific requirements for this Paragraph (g) are set out in
Section 8, below
2
Ditch Purchase and Relocation Agreement
3 TITLE COMMITMENT, SURVEY
(a) Title Commitment — FRICO Easements
(i) Within five (5) business days following the Effective Date,
Grantee shall cause to be prepared and delivered to FRICO a commitment for title
insurance for the FRICO Easement in the Relocated Canal Site ("TITLE
COMMITMENT") to be issued by Land Title Guarantee Company ("TITLE
COMPANY"), and valued at $79,999 701 (the "TITLE POLICY AMOUNT") The
FRICO Commitment shall be accompanied by copies of all exceptions listed on
Schedule B-2
(ii) FRICO shall have fifteen (15) days from the date of receipt of the
Commitment ("FRICO REVIEW PERIOD") in which to review the same and
determine the acceptability of the same in FRICO's sole, subjective discretion In
the event that FRICO objects to any exceptions to title contained in the FRICO
Commitment, FRICO shall provide written notice of said objection ("TITLE
OBJECTION NOTICE") to Grantee and the Title Company on or before the
expiration of the FRICO Review Period
(iii) Grantee shall have a period of fifteen (15) days after receipt of the
Title Objection Notice in which to respond to FRICO ("TITLE RESPONSE"),
indicating whether Grantee will cure, or cause to be cured the exception(s) to
which FRICO objects (or to endorse over them if FRICO consents to such
endorsement) This Agreement shall terminate if Grantee fails to deliver a Title
Response to FRICO within said fifteen (15) day period
(iv) If the Title Response states that Grantee elects not to cure, or cause
to be cured or (with FRICO's written consent) endorsed over, any matters set out
in the Title Objection Notice (a "QUALIFIED TITLE RESPONSE"), then FRICO may,
in its sole discretion, deliver a written reply to the Title Response ("TITLE
REPLY"), in which FRICO (1) waives its objection to such uncured exceptions,
with said exceptions thereafter considered to be Permitted Exceptions (as defined
below), or (2) terminates this Agreement If FRICO waives such uncured
exceptions in writing, then FRICO shall be deemed to have accepted all
exceptions to title and all other matters shown by the Title Documents and the
Survey, excepting only such matters as to which Grantee has committed in
writing to cure or endorse over in accordance with this Section 3(a) All accepted
exceptions to the FRICO Commitment shall be deemed "PERMITTED
EXCEPTIONS" If FRICO does not deliver a Title Reply to a Qualified Title
Response within 10 days after receipt of the Qualified Title Response, then this
Agreement shall terminate
' Insert value of $2 30 for each square foot of the Relocated Canal Site Current survey shows 34,779 sq ft
3
Ditch Purchase and Relocation Agreement
(v) Subsequent Title Matters
(A) If, prior to the date of Closing, the Title Company delivers
written notice to FRICO of any new title matters in connection with the
Title Commitment that does not constitute an Entitlement, then FRICO
shall have five business days from the date of receipt of such notice
("FRICO REVIEW PERIOD") in which to review and determine the
acceptability of the same in FRICO's sole, subjective discretion In the
event that FRICO objects to any exceptions to title contained in the Title
Commitment, FRICO shall provide written notice of said objection
("TITLE OBJECTION NOTICE") to Grantee and the Title Company on or
before the expiration of the FRICO Review Period
(B) Grantee shall have a period of five business days after
receipt of the Title Objection Notice in which to respond to FRICO
("TITLE RESPONSE"), indicating whether Grantee will cure, or cause to be
cured the exception(s) to which FRICO objects (or to endorse over them if
FRICO consents to such endorsement)
(C) If Grantee fails to provide a Title Response or if Grantee's
Title Response states that Grantee elects not to cure or cause to be cured,
or (with FRICO's written consent) endorsed over, any matters set out in
the Title Objection Notice (a "QUALIFIED TITLE RESPONSE"), then FRICO
may, in its sole discretion, deliver a written reply to the Title Response
("TITLE REPLY"), in which FRICO (1) waives its objection to such
uncured exceptions, with said exceptions thereafter considered to be
Permitted Exceptions, or (2) terminates this Agreement If FRICO waives
such uncured exceptions in writing, then FRICO shall be deemed to have
accepted such exceptions to title, excepting only such matters as to which
Grantee has committed in writing to cure or endorse over in accordance
with this Section 3(a)(v) All such accepted exceptions to the Title
Commitment shall be deemed Permitted Exceptions If FRICO does not
deliver a Title Reply to a Qualified Title Response within five business
days after receipt of the Qualified Title Response, then Grantee may
deliver a notice to FRICO identifying such failure and referencing this
Section of this Agreement If FRICO does not thereafter deliver a Title
Reply within 10 business days after receipt, then this Agreement shall
automatically terminate
(b) Survey Grantee, at its sole expense, shall, no later than five (5) days
following the Effective Date, obtain an ALTA survey of the Relocated Canal Site
("SURVEY"), prepared in accordance with the approved standards adopted by
ALTA/NSPS in 2017, and with the Table A requirements as set forth on Exhibit D
("APPROVED SURVEY STANDARDS") pertaining to the Relocated Canal Site, which Survey
shall be certified to FRICO and the Title Company
4
Ditch Purchase and Relocation Agreement
(c) Easements and Licenses to Third Parties Prior to Closing Without
limiting the provisions of Section 3(a)(v) permitting FRICO to review any new title
matters, to the extent Grantee desires to grant any rights to a third party for the
installation of infrastructure that passes over, under, or through the Relocated Canal Site
prior to Closing, FRICO will require a separate agreement between FRICO and such
third -party controlling the terms and conditions of such installation Such agreement shall
be subject to FRICO's customary fees,review procedures, and permitting procedures
Crossing agreements acceptable to FRICO and executed by third parties shall be provided
to the Title Company prior to Closing and shall be executed by FRICO at closing
Crossing fees shall be held in escrow by the Title Company prior to Closing and paid to
FRICO at Closing Administrative fees and legal and engineering escrow fees shall be
paid directly to FRICO upon application, and fees expended on administration, legal
review, and engineering review are non-refundable
4 GRANTEE MAINTENANCE AND REPLACEMENT OF RELOCATED CANAL
IMPROVEMENTS
(a) Grantee agrees that it will assume the cost of future maintenance and
replacement of the Relocated Canal Improvements and that the Relocated Canal Site shall
principally serve the purpose of FRICO's conveyance of water Grantee agrees to the
terms of construction, re -construction, installation, re -installation, repair, maintenance,
operation, removal, and replacement of the Relocated Canal Improvements, in
accordance with the form of easement agreement attached hereto as Exhibit E, and
Grantee further agrees to perpetually maintain and reconstruct the Relocated Canal
Improvements as provided for in the FRICO Easement
5 PERMITTING AND PRE -CONSTRUCTION
(a) Prior to commencement of construction of the Relocated Canal
Improvements, Grantee shall obtain all approvals and permits as are required for said
construction
(b) Prior to the commencement of construction of any Relocated Canal
Improvements within the property owned or controlled by FRICO, Grantee and FRICO
shall execute a Temporary Access and Construction Permit in substantially the form as
set out in Exhibit F. The permit will authorize Grantee and its designated contractors
and agents to enter designated portions of the Existing Canal Site in order to excavate,
install, test, and connect Relocated Canal Improvements FRICO may modify the terms
of the form of Temporary Access and Construction Permit as may be necessary to ensure
that the Relocated Canal Improvements are built to specifications set forth in the Plans
and may modify the Plans as relates to the testing and connecting the Relocated Canal
Improvements so the flow and quality of water in the Canal is not negatively affected
during such connection
(c) Grantee shall be solely responsible for compliance with all permit
conditions, and shall, to the maximum extent allowed by law, indemnify FRICO and hold
it harmless for any permit violations or other violations of applicable law related to the
5
Ditch Purchase and Relocation Agreement
construction of the Relocated Canal Improvements by Grantee or any of its contractors or
agents
(d) Grantee and FRICO agree that a reasonable estimate of the cost of
completion of the Relocated Canal Improvements is $150,000 00 (the "ESTIMATED
COSTS") Prior to commencement of construction within property owned or controlled
by FRICO, Grantee shall provide evidence to FRICO of Grantee's financial ability to
complete the Relocated Canal Improvements ("GRANTEE SECURITY") according to Plans
by providing security in the amount of 150% of the Estimated Costs, by either
(i) Requiring its contractor to provide a suitable bond in substantially
the form set out in Exhibit G, or
(ii) Depositing such funds in an escrow account (in such case the
Escrow Agreement shall include the right of FRICO to draw on the escrowed
funds for the purposes set out in Section 6(h) or 6(i) if the Grantee fails to perform
under this Agreement)
(e) FRICO will release Grantee Security upon the Closing, or if Closing does
not occur, upon termination of this Agreement and restoration of the Grantee Property,
and the Relocated Canal Site in a manner that ensures that the use and function of the
Canal for its intended purpose is not affected by the activities and construction that
occurred in furtherance of this Agreement
6 CONSTRUCTION OF THE RELOCATED CANAL IMPROVEMENTS
(a) Grantee shall not be entitled to commence construction of the Relocated
Canal Improvements unless and until the Conditions (as defined in Section 8, below)
have been satisfied or waived by Grantee
(b) The Parties acknowledge and agree that the construction and completion
of the Relocated Canal Improvements will occur during the period between the day after
the Canal has ceased flowing in the Fall and before March 1 of the following year The
Relocated Canal Improvements shall be in place and in a condition suitable to carry water
(as determined by FRICO) by March 1, 2018, and substantially complete by March 15,
2018 If demolition of the Canal and/or construction of the Relocated Canal
Improvements has begun and has not been completed by March 1, 2018, such that the
Relocated Canal Improvements may receive the water flows on such date, the Parties
agree to cooperate with respect to (i) rescheduling construction until after the such year's
seasonal flows are complete or (ii) if the Existing Canal has been disturbed, redirection of
the water flows from the Canal until completion of the Relocated Canal Improvements, at
the sole cost of Grantee Grantee shall, to the maximum extent allowed by law,
indemnify, defend, and hold FRICO harmless from and against any claims or damages
asserted against FRICO by reason of Grantee's activities upon the Canal
(c) Grantee shall construct the Relocated Canal Improvements, at Grantee's
sole risk, cost, and expense, in accordance with the Plans and applicable FRICO design
criteria to the extent such criteria are not specified in the Plans (the "FRICO DESIGN
6
Ditch Purchase and Relocation Agreement
CRITERIA") Shop drawings must be submitted to FRICO for review and approval by
FRICO's engineering consultant ("FRICO ENGINEER") prior to installation of structures
for which shop drawings are produced FRICO may require Grantee and its contractors to
execute a nondisclosure agreement with respect to confidential information contained in
the FRICO Design Criteria
(d) The FRICO Engineer shall be notified prior to the commencement of
construction, and shall be periodically advised of the construction progress (not less
frequently than once per month) while the construction is ongoing
(e) The FRICO Engineer may enter the Grantee Property upon 24 hours'
telephone or email notice to the Grantee Representative identified in Section 25 to inspect
the Relocated Canal Improvements and related construction activities, except that such
advance notice is not required in the event of an emergency
(f) Upon completion of the Relocated Canal Improvements, Grantee shall not
cover the Relocated Canal Improvements with soil or other materials until the FRICO
Engineer has inspected the improvements to verify that they were constructed according
to the Plans, FRICO Design Criteria, and approved shop drawings
(g) Grantee agrees to pay for reasonable documented services rendered by the
FRICO Engineer related to all shop drawing reviews, inspections of the Relocated Canal
Improvements, and other reviews and inspections performed by the FRICO Engineer in
conjunction with this project (the "ENGINEER SERVICES FEES"), provided that FRICO
causes the FRICO Engineer to submit invoices with reasonable back-up for all such
Engineer Services Fees on a monthly basis for the previous 30 -day period
(h) The stability and integrity of the Canal banks shall be protected during
excavation, installation, construction, testing, and connection of the Relocated Canal
Improvements The Relocated Canal Improvements shall not be connected to the Canal
without prior approval from FRICO after inspection of the Relocated Canal
Improvements by the FRICO Engineer
(i) If during the construction of the Relocated Canal Improvements, the
FRICO Engineer determines any portion of the Relocated Canal Improvements is being
constructed in a manner that is not consistent with the Plans the FRICO Engineer shall
provide notice to Grantee identifying with reasonable specificity the nature of such
inconsistency If and to the extent that any such notice from the FRICO Engineer
identifies inconsistencies that could adversely impact the stability and integrity of the
Canal banks ("CANAL STABILITY INCONSISTENCIES") then the FRICO Engineer shall
specifically identify such items as Canal Stability Inconsistencies If Grantee fails to
promptly commence and prosecute the correction of any such Canal Stability
Inconsistencies then FRICO may, at FRICO's sole discretion (i) require suspension of
construction activities related to the Canal Stability Inconsistencies items until such time
as Grantee's deviations from the Plans are corrected and the corrections are inspected and
approved by FRICO, or (ii) perform such work as is necessary to correct the Canal
Stability Inconsistencies and, if necessary, restore the Canal at Grantee's expense
7
Ditch Purchase and Relocation Agreement
(1) If the parties terminate this Agreement or if Grantee or FRICO is entitled
to terminate this Agreement by its terms and does so before the Closing and to the extent
that the FRICO Engineer determines that any of the then -existing Relocated Canal
Improvements or other related construction or excavation activities adversely impact the
stability and integrity of the Canal banks then FRICO may, at FRICO's sole discretion
either (i) perform such work as is necessary to restore such adversely impacted portions
of the Canal banks or nearby property at Grantee's expense and hold Grantee responsible
for damages as provided in this Agreement, or (ii) provide notice to Grantee of such
remedies as are necessary to restore such adversely impacted portions of the Canal banks
and to collect from Grantee (or from Grantee's surety) such actual damages as provided
in this Agreement or, as liquidated damages and not as a penalty, $5,000 per day for each
day past the date of such notice that occurs during an Irrigation Season (as defined in
Section 10 below) that Grantee fails to complete such restoration If FRICO elects
liquidated damages, such liquidated damages shall be in lieu of Grantee's liability for any
and all extra costs, losses, expenses, claims, penalties and any other damages, whether
special or consequential, and of whatsoever nature, incurred by FRICO which are
occasioned by such adverse impact on the stability and integrity of the Canal banks
However, the election of liquidated damages shall not affect Grantee's obligation to
indemnify FRICO against third -party claims
7 INSPECTION AND APPROVAL OF RELOCATED CANAL IMPROVEMENTS, DELIVERY
OF "AS -BUILT" DRAWINGS Upon completion of the Relocated Canal Improvements and prior to
their connection to the Canal, FRICO will conduct a final inspection of the Relocated Canal
Improvements promptly following notice from Grantee FRICO shall identify in writing such
repairs or corrections as required by FRICO to bring the Relocated Canal Improvements into
conformance with the Plans and FRICO Design Criteria, and approved shop drawings, if any, in
which case Grantee shall thereafter make such repairs or corrections as identified by FRICO
FRICO will approve the Relocated Canal Improvements for permanent connection to the Canal
when FRICO has determined that they are constructed and installed in accordance with the
Plans, FRICO Design Criteria, and approved shop drawings, and FRICO has received "as -built"
drawings of the Relocated Canal Improvements from Grantee which "as -built" drawings will
identify any Grantee Improvements (as defined in section 10(b)) installed pursuant to the Plans
8 CLOSING Within fifteen (15) business days after FRICO's approval of the
Relocated Canal Improvements according to Section 7, above, or such other date as the Parties
agree (the "CLOSING")
(a) Grantee shall
(i) Convey the Relocated Canal Improvements to FRICO by Bill of
Sale substantially in the form attached hereto as Exhibit H,2
(ii) Execute the FRICO Easement, across, over, and under that reach
of the Relocated Canal Site that traverses the Grantee Property substantially in the
form of easement agreement attached hereto as Exhibit E, subject to the
2 FRICO to provide form of bill of sale
8
Ditch Purchase and Relocation Agreement
Permitted Exceptions and including a list of the Grantee Improvements (as
defined in the FRICO Easement) that were installed pursuant to the Plans,
(iii) Cause the Title Company, at Grantee's sole cost and expense, to
close the transaction, issue the Owner's Policy of Title Insurance in accordance
with the Title Commitment in the amount of Title Policy Amount, and record the
easements and conveyances that are executed or delivered at closing according to
the Parties' instructions, and record the easements and conveyances that are
executed or delivered at closing according to the Parties' instructions,
(iv) Provide the Title Company and FRICO with evidence of Grantee's
payment of all costs related to the Relocated Canal Improvements and their
installation sufficient to permit the Title Company to issue a title policy consistent
with the Title Commitment,
(v) Pay to FRICO any Engineer Services Fees and Legal Services Fee
due and owing but not previously paid, and
(vi) Pay FRICO as consideration for the conveyance of the Existing
Canal Site the amount of $79,991 70 ("PURCHASE PRICE"), and3
(b) FRICO shall
(i) Execute and deliver to the Title Company a quitclaim deed for the
Existing Canal Site where it traverses the Grantee Property in the form attached as
Exhibit I ("QUITCLAIM DEED"), reserving unto FRICO all water and mineral
rights (including, but not limited to, oil and gas) appurtenant to said Existing
Canal Site, and
(ii) Execute a counterpart of the FRICO Easement,
(iii) Provide a final accounting of Engineer Service Fees and Legal
Service Fees incurred prior to the date of the Closing
(c) Both Parties shall execute such other affidavits, indemnities, and
documents as the Title Company may customarily require in connection with similar
transactions including such documents as may be required for the issuance of the
Owner's Policy of Title Insurance in accordance with the Title Commitment and an
owner's policy for Grantee for the Existing Canal Site including evidence of FRICO's
authority to complete the transactions contemplated under this Agreement
(d) Possession of the Existing Canal Site shall be delivered to Grantee on the
Closing Date
(e) FRICO's obligation to close is contingent upon all of the following
3 Insert Purchase Price equal to $2 30 for each square foot of the Existing Canal Site which the parties have agreed is
34,779 sq ft
9
Ditch Purchase and Relocation Agreement
(i) Grantee's full and faithful performance of all requirements of this
agreement that are intended to precede closing,
(ii) The acceptance of the Relocated Canal Improvements by FRICO
as provided for herein
(f) Under no circumstances shall FRICO be liable to Grantee for refusal to
close if the requirements of Section 8(e) are not completed pnor to Closing or waived by
FRICO in its sole discretion prior to closing
(g) If Grantee fails to satisfy the conditions of this agreement and FRICO is
entitled to and does elect not to proceed to Closing then Grantee shall make such
modifications to the Relocated Canal Site and Grantee Property as FRICO determines
may be necessary to stabilize the Canal, prevent stormwater flows into the Canal, and
prevent water losses due to seepage
9 LIMITATION ON CONSTRUCTION ACTIVITIES
(a) Prior to the Closing, no construction activities on the Grantee Property
shall interfere with delivery of water through the Canal or place the stability or integrity
of the Canal at risk Notwithstanding the foregoing, FRICO acknowledges and agrees
that the delivery of water through the Canal will be interrupted during the period when
the route of water flow is transferred from the Canal to the Relocated Canal
Improvements (such period, the "RELOCATION PERIOD")
(b) To the extent not addressed in the Plans, Grantee and FRICO will agree to
the time and duration of the Relocation Period, provided that Grantee acknowledges and
agrees that FRICO is not required to approve any Relocation Period that occurs between
April 1 and October 31 of any calendar year, such period, the "IRRIGATION SEASON"
Also, to the extent not addressed in the Plans, FRICO may approve, in its sole discretion,
Grantee's use of transition structures to allow for the continued, uninterrupted delivery of
water to FRICO end users during the Relocation Period or at such other times when
Grantee is conduction construction activities in or over the Existing Canal Site
10 RELEASE OF CLAIMS AND INDEMNIFICATION
(a) Grantee or its employees, agents, contractors, subcontractors, and assigns
(together with Grantee, "Grantee RESPONSIBLE PARTIES") shall enter onto property
owned or controlled by FRICO at their own risk and they further ASSUME ALL RISKS
related to the inherently dangerous activity of performing construction or maintenance
work on, over, or around the Canal FRICO, its employees, agents, officers, directors, or
stockholders or any of their respective successors or assigns, (collectively, with FRICO,
the "FRICO INDEMNIFIED PARTIES") shall have no liability to Grantee Responsible
Parties, except to the extent caused by the gross negligence or willful misconduct of any
FRICO Indemnified Parties, for any losses related to or arising from entry onto property
owned or controlled by FRICO, including but not limited to (i) flows within the Canal at
any time, whether normal or extraordinary, (u) FRICO's refusal to reduce or stop the
flow of water through the Canal for any or no reason, (iii) floods, flows, or ponding due
10
Ditch Purchase and Relocation Agreement
to storms or any other water discharged into the Canal, (iv) failure or collapse of the
Canal or any equipment used to restrict water flow in the Canal for any reason (e g,
failure of materials, pressure from expansive soils), or (v) unintended breaches of the
Canal (e g, due to extraordinary flood events, earthquake, accident, act of terrorism,
etc) Grantee Responsible Parties hereby irrevocably and forever release FRICO
Indemnified Parties from any losses relating the foregoing assumed risks (including but
not limited to personal injury and property damage), except to the extent caused by the
gross negligence or willful misconduct of any FRICO Indemnified Parties Grantee shall
ensure that all Grantee Responsible Parties acknowledge and accept the terms of this
Section 11(a) prior to commencement of work within property owned or controlled by
FRICO
(b) Interruptions or reductions of flows in the Canal may have significant
impact on FRICO's shareholders, due to lost crops or production or limitations on
municipal water supplies Grantee will indemnify and defend FRICO from any third
party claims which may arise as a result of any interruption or reduction in the delivery of
water through the Canal caused by Grantee's activities on the Grantee Property or the
Existing Canal Site prior to the Closing
(c) The provisions of this Section 10 shall survive the Closing or earlier
termination of this Agreement
11 CANAL FLOW RESTORATION DURING CONSTRUCTION
(a) Notwithstanding any other provision of this Agreement, in the event that
construction of the Relocated Canal Improvements is not completed or Grantee's actions
in connection with such construction restrict the uninterrupted delivery of FRICO water
consistent with the existing capacity of the reach of the Canal passing through the
Grantee Property, FRICO shall have the right, upon prior written notice, to enter upon the
Grantee Property, which area may be under construction, and to take any steps
reasonably necessary to bring the Canal within the Existing Canal Site into a condition to
carry water safely and in such volume as is consistent with the capacity of the reach of
the Canal passing through the Grantee Property as of the date of this Agreement ("CANAL
FLOW RESTORATION"), and to measure said water flows
(b) If FRICO engages in Canal Flow Restoration, Grantee shall promptly
reimburse FRICO for FRICO's reasonable documented out-of-pocket expenses incurred
in performing such activities, and FRICO shall be held harmless by Grantee for all
damages to Grantee or third -parties that may result from Canal Flow Restoration except
to the extent resulting from the FRICO's gross negligence or willful misconduct or that of
FRICO's agents or contractors
12 Stormwater All water collected from the Grantee Property shall be bypassed
away from, under, or over the Canal and the Relocated Canal Improvements as provided in the
Plans Neither the Canal nor the Relocated Canal Improvements shall be used in any manner as
a stormwater conveyance or stormwater management facility
11
Ditch Purchase and Relocation Agreement
13 Canal Maintenance and Landscaping
(a) Grantee may landscape and/or install roadway improvements over and
adjacent to the Relocated Canal Improvements as are approved by FRICO in the FRICO
Easement, provided such landscaping, improvements do not interfere with FRICO's
operations and access to the Canal In no event shall FRICO be liable for any damage to
landscaping, improvements or that may result from installation of improvements within
the Canal easement which may occur as part of FRICO's operation of the Canal After
the Canal is relocated, it shall be Grantee's and its successors' responsibility to maintain
any landscaping and improvements located adjacent to and over the Canal
(b) After the Canal is relocated, if maintenance is required to ensure the flow
of water through the Canal and the delivery of water from the operation of the Canal,
FRICO shall notify Grantee and Grantee shall, at the Grantee's sole cost and expense,
undertake the required maintenance Prior to entry onto the Canal with an excavator or
other heavy equipment, Grantee shall provide FRICO notice of the required maintenance
operations
(c) In the event of an emergency along the realigned Lateral 1 of the Bull Canal,
Grantee will reimburse FRICO for the cost of the repairs undertaken by FRICO or its
contractors
(d) An inspection of the improvements shall be conducted annually by FRICO
Engineer, within ten (10) days after water delivery ceases m the fall, or at any other time
agreed upon by the parties Unless otherwise agreed, such inspections shall be performed
by the FRICO Engineer with the reasonable costs and expenses associated with the
inspection of the Relocated Canal Site borne by Grantee
(e) If at any time it is the opinion of the FRICO Engineer that the landscaping
or other facilities adjacent to and over the Canal are not being adequately maintained, he
shall give written notice to Grantee If Grantee does not commence such maintenance
within ten (10) days or such longer period as the Parties mutually agree to (or
immediately, in the event of an emergency) and diligently pursue it to completion,
FRICO may have the work performed at Grantee's reasonable expense
14 DEFAULT, REMEDIES
(a) In the event of default in the performance of any of the obligations set
forth herein that the defaulting Party does not cure upon written notice from the non -
defaulting Party (a) within thirty (30) days after written notice if construction is
completed or (b) within five (5) business days after written notice of such default if
construction work is underway ("CURE PERIOD"), then the non -defaulting Party shall
have all remedies that may be available to it in law or equity If any default would
reasonably take more than the required timeframe to cure, the Cure Period shall be
extended provided the defaulting Party commenced work on the cure during the default
period, and diligently pursues the work required to cure the default to completion The
Cure Period provisions of this Section do not apply to defaults that involve damage to the
12
Ditch Purchase and Relocation Agreement
Canal that compromise the ability of the Canal to convey water, or that compromise
FRICO' s ability to measure water flow or the quality of water in the Canal
(b) If Grantee fails to close the transaction contemplated hereby on the date of
Closing, FRICO shall give Grantee notice of such alleged default and Grantee shall have
fifteen (15) business days to cure the alleged default, and if such default is not timely
cured, FRICO shall have the right to terminate this Agreement without further notice
(c) If FRICO fails or refuses to proceed to Closing in accordance with the
terms of this Agreement or otherwise fails or refuses to perform its obligations hereunder
in any material respects, and such failure or refusal is not cured within the Cure Period
after receipt of notice from Grantee, then Grantee shall have the right in its sole and
absolute discretion to either (i) terminate this Agreement, or (ii) seek such other remedies
as available at law or in equity
15 ASSIGNMENT All of the rights and obligations of either Party under this
Agreement may not be assigned, in whole or in part, to any other party or entity without express
written consent, which may be withheld in each Party's sole discretion
16 No JOINT VENTURE OR PARTNERSHIP Nothing contained in this Agreement shall
be construed as creating a partnership or joint venture between the Parties, or their respective
successors and assigns, and any implication to the contrary is hereby expressly disavowed It is
understood and agreed that this Agreement does not provide for the joint exercise by the Parties
of any activity, function or service, nor does it create a joint enterprise, nor does it constitute any
Party as an agent of any other Party for any purpose whatsoever
17 No THIRD PARTY BENEFICIARIES The Parties agree that enforcement of the
terms and conditions of this Agreement shall be strictly reserved to the Parties hereto, their
successors and assigns, and nothing contained in this Agreement shall give or allow any claim or
right of action under this Agreement by any other or third person
18 FURTHER ASSURANCES The Parties shall execute all additional documents and
do all acts not specifically referred to in this Agreement that are reasonably necessary to
effectuate this Agreement fully
19 ENTIRE AGREEMENT This Agreement is the entire agreement between the
Parties pertaining to the subject matter and supersedes any and all prior negotiations, agreements,
understanding and dealings pertaining to the subject, whether written or oral This Agreement
has been negotiated at arm's length without the Parties acting under threat, coercion or duress
The Parties waive the application of any rule of law respecting the construction of ambiguous
provisions that may exist as against the Party who, or whose attorney or agent, drafted such
provision
20 SEVERABILITY No provision of this Agreement shall be deemed unenforceable
if it is subject to an interpretation that would render it enforceable If a court of competent
jurisdiction finds that any provision of this Agreement is unenforceable, in whole or in part, (a)
such a finding will not disturb the validity and enforceability of the remaining provisions of this
13
Ditch Purchase and Relocation Agreement
Agreement, and (b) the court shall have the authority to modify this Agreement in order to render
it enforceable and to effect the original intent of the Parties to the fullest extent permitted by law.
21. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding
upon the Parties, and their respective successors and assigns.
22. TIME FOR PERFORMANCE. If any date for satisfaction of performance set forth in
this Agreement is to occur on a Saturday, Sunday or holiday, or if any period of time set forth in
this Agreement expires on a Saturday, Sunday or holiday, then such closing or expiration date
shall be the next business day thereafter. "Holiday" as used in this Section shall mean those
dates upon which nationally chartered banks of the United States of America are not open for
business.
23. NOTICE. Any notice required or allowed to be given under this Agreement shall
be given by properly addressed email and by either (i) certified mail or (ii) recognized overnight
carrier posted on the same day as email notice is given. Notice is effective as of the time the
email is sent. Notice is effective if sent to the persons and addresses set forth in this paragraph,
unless notice (as described in this paragraph) is given to specify a different person or address.
To Grantee:
With a Copy to:
To FRICO:
With a Copy to:
Hunt Brothers Properties, Inc.
10100 Dallas Street
Henderson, CO 80640
Attn:
Email:
The Farmers Reservoir and Irrigation Co.
80 South 27th Avenue
Brighton, CO 80601
Attn: General Manager
E-mail: scoff@farmersres.com
Fax: (303) 659-6077
Fairfield and Woods, P.C.
1801 California Street, Suite 2600
Denver, Colorado 80202
Attn: Joe Dischinger
E-mail: jdischinger@fwlaw.com
Fax: (303) 830-2400
14
Ditch Purchase and Relocation Agreement
And a Copy to:
Ecological Resource Consultants, Inc.
35715 Highway 40, Ste. D204
Evergreen, CO 80439
Attn: Troy Thompson
E-mail: troy@erccolorado.net
24. AMENDMENT. This Agreement cannot be changed orally, and no agreements
shall be effective to waive, change, modify or discharge it in whole or in part unless such
agreement is in writing and executed by both Parties.
25. SECTION HEADINGS. Paragraph titles or captions contained in this Agreement are
inserted only as a matter of convenience and for reference. Such titles and captions in no way
define, limit, extend or describe the scope of this Agreement nor the intent of any provision.
26. ATTORNEYS' FEES. In the event of any controversy, claim, or dispute between
the Parties relating to the subject matter or performance of this Agreement, each party shall bear
its own expenses, including attorneys' fees.
27. RECORDATION. This Agreement shall NOT be recorded in the real property
records of the County of Weld, Colorado, or filed any other public records.
28. GOVERNING LAW. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
29. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
or by facsimile or electronic (pdf) signatures each of which shall constitute an original, and all of
which together shall constitute one and the same agreement.
15
Ditch Purchase and Relocation Agreement
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
THE FARMERS RESERVOIR AND
IRRIGATION COMPANY,
a Colorado mutual ditch company
nen. #60:14\14 OIR 4 CO R PORATE r
$y.
RJCO o-
3.
. Z
iieuilitk, SEAL O is'
O
'O...
�� est.
�lllfllf�i1�1t11�‘
STATE OF COLORADO
COUNTY OF ADAMS
Manager
He G. • •orate Secretary
7VV
The foregoing instrument was acknowledged before me this IF day of
20/WO, by Scott Edgar as General Manager and Heidi Gamer as Corporate
ecretary o % e Farmers Reservoir and Irrigation Company, a Colorado mutual ditch company.
Witness my hand and notarial seal.
My commission expires J2.2'7 -2I.
EVE K. CRAVEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054049121
MY COMMISSION EXPIRES 12-27-2021
16
Ditch Purchase and Relocation Agreement
HUNT BROTHERS PROPERTIES, INC.
STATE OF COLORADO )
ss.
COUNTY OF 44�g; )
The foregoing instrument was acknowledged before me this 2:2)4a; day of
tblceMbe,c , 20r by Pte,;c I •htuK f as ficc5''c ek-F of HUNT BROTHERS
PROPERTIES, INC. Witness my hand and notarial seal.
My commission expires sit4.1-7/26 i1-7/�
f. "At le-Ciscou
Ngxaty Public
v
JAN NELSON
a PUBLIC
STATE OF COLORADO
NOTARY ID 19904030527
MY comessiow WIRES MRIL V, 2020
17
Ditch Purchase and Relocation Agreement
EXHIBIT A
AFFECTED PROPERTIES
(This Exhibit will include a description and depiction of the Existing Canal Site and the Grantee
Property The description and depiction is to be provided by Grantee, at Grantee's expense and
confirmed by FRICO at Grantee's expense )
A 1 Legal descriptions for the following properties, located in section 25, Township 1 North,
Range 68 West of the Sixth Principal Meridian County of Weld, State of Colorado
• Existing Canal Site
• Grantee Property
A 2 A sketch drawing showing the two legal descriptions in relation to each other
A-1
Ditch Purchase and Relocation Agreement
EXHIBIT A.1
A PORTION OF THE BULL CANAL LATERAL NO 1 RIGHT—OF—WAY BEING A PARCEL OF LAND
LOCATED IN THE NORTH 1/2 OF SECTION 25 TOWNSHIP 1 NORTH RANGE 68 WEST OF
THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS
CONSIDERING THE NORTH UNE OF THE NORTHEAST 1 4 OF SAID SECTION 25 TO BEAR
SOUTH 89 40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25,
THENCE SOUTH 02'51'16" WEST, A DISTANCE OF 921 65 FEET TO THE INTERSECTION OF
THE EAST RIGHT-OF-WAY LINE OF THE EAST BRANCH OF THE BULL CANAL AND THE NORTH
RIGHT-OF-WAY LINE OF THE BULL CANAL LATERAL NO 1, AS DESCRIBED IN DEED RECORDED
DECEMBER 11, 1914 AS RECEPTION NO 208153 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY, COLORADO, THENCE COINCIDENT WITH SAID NORTH RIGHT-
OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES
111 SOUTH 71'38'41" EAST, A DISTANCE OF 123 98 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 260 33 FEET
D A CENTRAL ANGLE OF 21'31'07" WHOSE CHORD BEARS SOUTH 81'18'31" EAST, A DISTANCE
OF 97 20 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 97 77 FEET,
3A1
NORTH 89 55'09" EAST, A DISTANCE OF 325 78 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 782 30 FEET
D A CENTRAL ANGLE OF 06 10'44", WHOSE CHORD BEARS SOUTH 85 54'55" EAST, A DISTANCE
OF 84 33 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 84 37 FEET,
5) SOUTH 80 56'13" EAST, A DISTANCE OF 223 05 FEET, THENCE SOUTH 09'03'47" WEST A
DISTANCE OF 40 00 FEET TO THE SOUTH RIGHT-OF-WAY UNE OF SAID BULL CANAL LATERAL NO 1,
THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES
AND DISTANCES
1 NORTH 80'56'13" WEST, A DISTANCE OF 222 39 FEET,
2) THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 742 30 FEET AND A
CENTRAL ANGLE OF 06'06 00", WHOSE CHORD BEARS NORTH 85 55'34" WEST, A DISTANCE OF 78 99
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 79 03 FEET,
3) SOUTH 89 55'09" WEST, A DISTANCE OF 324 73 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 300 33 FEET AND A
C NTRAL ANGLE OF 21'18'21", WHOSE CHORD BEARS NORTH 81 16'40" WEST, A DISTANCE OF 11104
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 111 68 FEET TO THE EAST
RIGHT-OF-WAY UNE OF SAID EAST BRANCH OF THE BULL CANAL AND THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 171 23 FEET AND A CENTRAL ANGLE
OF 15'51'33", WHOSE CHORD BEARS NORTH 50'30'14" EAST A DISTANCE OF 47 24 FEET, THENCE ALONG
THE ARC OF SAID CURVE AND COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 47 40
FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 34,779 SQUARE FEET' OR 0 798 ACRES MORE OR LESS
PREPARED BY CURTIS D HOOS, PLS 37971
FOR AND ON BEHALF OF'
AMERICAN WEST LAND SURVEYING CO
A COLORADO CORPORATI
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACH ��� ° PTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT, AS NOTED
DRAWN
BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
DEC 6, 2017
PAGE 1 OF 3
&swaying Ca,
PO Box 129, Brighton CO 80801 * P 303-658-1532 F 303-655-0575 a AMWESTLS COM
A-2
Ditch Purchase and Relocation Agreement
EXHIBIT A.1
ALTA/NSPS LA
,
•
TITLE SU V
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P M,
County of Weld, State of Colorado
PROPERTY DESCRIPTION
AS DESCRIBED IN LAND TITLE GUARANTEE COMPANY'S TILE COMMITMENT DATED OCTOBER 17, 2016,
ORDER NO FC25140236-THE NE /5THE N 1/2
AND ALL THAT2 FPART OF THE E4 ND/THE
H OF TE NW F1 4E OF SECTION 2 OF 25.E NE 1/4
OFOF CTHE NRIGHT
OF WAY OF THE UNION PACIFIC RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY OF THE
BULL CANAL, ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P M, COUNTY OF WELD,
STATE OF COLORADO
EXCEPTING THEREFROM A STRIP OF LAND AS CONVEYED TO THE FARMERS RESERVOIR AND
IRRIGATION COMPANY BY DEED RECORDED IN BOOK 406, PAGE 293 WELD COUNTY RECORDS,
COUNTY OF WELD, STATE OF COLORADO
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO 2833396, WELD COUNTY PUBLIC
RECORDS, LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE
6TH P M, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
NE1/4 OF SECTION 25 BEARS NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST AND MONUMENTED
AS FOLLOWS THE EAST QUARTER CORNER OF WHICH BEING A 3 25" ALUM CAP, L S 27269, THE
NORTHEAST OF WHICH IS BEING A 2 5" ALUM CAP, L S 24305 COMMENCING AT SAID EAST QUARTER
CORNER OF SECTION 25, THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG SAID
EAST LINE OF THEALTA COMMITMENT NE1/4 OF SECTION 25 A DISTANCE OF 101712 FEET, THENCE
SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST A DISTANCE OF 30 00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING, THENCE
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES
58 SECONDS WEST A DISTANCE OF 93 01 FEET, HAVING A RADIUS OF 2930 00 FEET, A CENTRAL ANGLE
OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 93.01 FEET, THENCE NORTH 02
DEGREES 14 MINUTES 32 SECONDS WEST A DISTANCE OF 1165 00 FEET, THENCE ALONG THE ARC OF
A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS
WEST A DISTANCE OF 97 45 FEET, HAVING A RADIUS OF 3070 00 FEET, A CENTRAL ANGLE OF 01 DEGREES
49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 97 46 FEET TO A POINT 40 FEET WESTERLY AND
PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, THENCE NORTH
00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING
PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 254 11 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6, THENCE NORTH 89 DEGREES 40 MINUTES
41 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40 00 FEET TO A POINT
ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, THENCE SOUTH 00 DEGREES 25
MINUTES 24 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1608 89 FEET
TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO
A-3
Ditch Purchase and Relocation Agreement
EXHIBIT A.2
ALTA/NSPS LAND TITLE SURVEY
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P M
County of Weld, State of Colorado
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Ditch Purchase and Relocation Agreement
EXHIBIT B
RELOCATED CANAL SITE
(This Exhibit will include a legal description and depiction of the Relocated Canal Site and its
relationship to the Grantee Property The legal description and depiction is to be provided by
Grantee, at Grantee's expense and confirmed by FRICO at Grantee's expense )
B 1 Legal descriptions for the following property, located in Section 25, Township 1 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado
• Relocated Canal Site
B 2 A sketch drawing showing the Relocated Canal Site in relation to the Grantee Property
B-1
Ditch Purchase and Relocation Agreement
EXHIBIT B.1
A PORTION OF THE BULL CANAL LATERAL NO 1 RIGHT—OF—WAY BEING A PARCEL OF LAND
LOCATED IN THE NORTH 1/2 OF SECTION 25 TOWNSHIP 1 NORTH RANGE 68 WEST OF
THE 6Th P M , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS
CONSIDERING THE NORTH UNE OF THE NORTHEAST 1/4 OF SAID SECTION 25 TO BEAR
SOUTH 89'40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25,
THENCE SOUTH 0751'16" WEST, A DISTANCE OF 921 65 FEET TO THE INTERSECTION OF
THE EAST RIGHT-OF-WAY UNE OF THE EAST BRANCH OF THE BULL CANAL AND THE NORTH
RIGHT-OF-WAY UNE OF THE BULL CANAL LATERAL NO 1, AS DESCRIBED IN DEED RECORDED
DECEMBER 11, 1914 AS RECEPTION NO 208153 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY, COLORADO, THENCE COINCIDENT WITH SAID NORTH RIGHT-
OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES
1AllSOUTH 71 38'41" EAST, A DISTANCE OF 123 98 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 260 33 FEET
D A CENTRAL ANGLE OF 21 31'07", WHOSE CHORD BEARS SOUTH 81'18 31" EAST, A DISTANCE
OF 97 20 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 97 77 FEET,
3A,i NORTH 89 55'09" EAST, A DISTANCE OF 325 78 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH. HAVING A RADIUS OF 782 30 FEET
D A CENTRAL ANGLE OF 06'10'44", WHOSE CHORD BEARS SOUTH 85'54'55" EAST, A DISTANCE
OF 84 33 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 84 37 FEET,
5) SOUTH 80'56'13" EAST, A DISTANCE OF 223 05 FEET, THENCE SOUTH 09'03'47" WEST, A
DISTANCE OF 40 00 FEET TO THE SOUTH RIGHT-OF-WAY UNE OF SAID BULL CANAL LATERAL NO 1.
THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY UNE THE FOLLOWING FIVE (5) COURSES
AND DISTANCES
1 NORTH 80'56'13" WEST, A DISTANCE OF 222 39 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 742 30 FEET AND A
C ANGLE OF 06'06'00", WHOSE CHORD BEARS NORTH 85'55'34" WEST, A DISTANCE OF 78 99
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 79 03 FEET,
3 SOUTH 89 55'09" WEST, A DISTANCE OF 324 73 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 300 33 FEET AND A
C NTRAL ANGLE OF 21 18'21', WHOSE CHORD BEARS NORTH 81'16'40" WEST, A DISTANCE OF 111 04
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 111 68 FEET TO THE EAST
RIGHT-OF-WAY UNE OF SAID EAST BRANCH OF THE BULL CANAL AND THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 171 23 FEET AND A CENTRAL ANGLE
OF 15'51'33", WHOSE CHORD BEARS NORTH 50'30'14" EAST A DISTANCE OF 47 24 FEET, THENCE ALONG
THE ARC OF SAID CURVE AND COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE, A DISTANCE OF 47 40
FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 34.779 SQUARE FEET OR 0 798 ACRES, MORE OR LESS
PREPARED BY CURTIS D HOOS, PLS 37971
FOR AND ON BEHALF OF
AMERICAN WEST LAND SURVEYING CO
A COLORADO CORPORATION
37971 (..Y. '
`c f'
' 'J•. 1, oe oa
iQ, 000000 5
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
4. ALIQUOT MONUMENT AS NOTED
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES INC
DEC 22, 2017
PAGE 1 OF 3
aii,,,ekase, Ina
BAOD7medoOQ�tt � °' Ca
PO Box 129, Brlohton, CO 80801 * P 303-659-1532 F 303-655-0576 * AMVNESTLS.COM
B-2
Ditch Purchase and Relocation Agreement
EXHIBIT B.2
NE COR NE 1/4, SEC 25,
4REBAR
NW COR NE 1, 4, SEC 25
--T 1 N, R 68 FOUND 3%4"
WITH 2" ALUMINUM CAP,
PLS 25937 IN MONUMENT BOX
T 1 N, R 68 W, FOUND 3/4"
REBAR WITH 2 1/2" ALUMINUM
CAP, PLS 24305 IN MONUMENT
BOX
'-
S89 40'37"W 2635 03' (BASIS OF BEARINGS)
in
2O
l
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,,I
0
NI
7
f
GRA U
20,71 E
"i,.. P4l
TRUE POINT
4' z,,,ii"glif 1
OF BEGINNING
0 200 400
G%I41
47
C4
C3
LS
60' RIGHT—OF—WAY FOR THE
34,779 S F +
0 798 Ac + —
EAST BRANCH OF THE BULL 40' RIGHT—OF—WAY FOR THE
CANAL (REC NO 208153) BULL CANAL LATERAL NO 1
(REC NO 208153)
LINE
BEARING
DISTANCE
/r'~ ,
L1
S71 38'41"E
123 98'
L2
N89 55'09"E
325 78'
s`•? U
L3
S80'56' 13"E
223 05'
' .: ti
L4
SO9'03'47"W
40 00'
•
37 71 ; `-'
L5
N80'56'13"W
222 39'
i
—2,2 o
/
L6
S89 55'09"W
324 73'
`�°%Z ed
L7
N71 38'41"W
148 75'
�'QZry� LANO�' --
LINE
RADIUS
ARC
DELTA
CHORD BEARING
CHORD
Cl
260 33'
97 77'
21'31'07"
S81 18'31"E
97 20'
C2
782 30
84 37'
06'10'44"
S85'54'55"E
84 33'
C3
742 30'
79 03'
06'06'00
S85'55'34"E
78 99'
C4
300 33'
111 68'
21 18'21"
S81 16'40"E
111 04'
C5
171 23'
47 40'
15'51'33"
N50 30'14"E
47 24'
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT AS NOTED
DRAWN BY CDH
_ Q B/
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES INC
DEC 22, 2017
S MD • '
A ' t;°
PAGE 2 OF 3
PO Box 129a Brlphton. CO 80601 * P 303-859-1532 F 3O3 -855-O575 b AMWESTLS COM
B-3
Ditch Purchase and Relocation Agreement
EXHIBIT C
RELOCATED CANAL IMPROVEMENTS
(Plans to be provided by Grantee, at Grantee's expense,
and approved by FRICO at Grantee's expense)
5
i
a
5
(XIS/WC
5147
LEGEND
PROPERTY LINE
RIGHT-OF-WAY LINE
EASEMENT
CONTOURS
PAVEMENT
GRAVEL
GRASS
TRAFFIC DIRECTION
CONCRETE PAN
6' CYCLONE PRIVACY FENCE
(WITH SLATS)
6' CYCLONE FENCE
-r r THREE -STRAND BARB WIRE
----0)-EE-
0
GV
W
X
- OVERHEAD ELECTRIC LINE
POWER POLE
LIGHT POLE
OIL/GAS LINE VENT
OIL/GAS VALVE STRUCTURE
OIL/GAS WELL
TRANSMISSION LINE TOWER
PARCEL NUMBER; PORTION OF 1467/25000026
ZONE DISTRICT: AGRICULTURAL
OVERLAY DISTRICT; GEOLOGIC HAZARD
PROPOSED USE:
MULTIPLE USES OF OFFICE BUILDING. HEAVY EQUIPMENT REPAIR FACILITY,
EQUIPMENT AND TRUCK STORAGE. OC LAB, ASPHALT CEMENT STORAGE.
CONSTRUCTION MATERIALS RECYCLING. AND ASPHALT PRODUCTION ALL IN
THE AGRICULTURAL ZONE WITH A USR.
PROPOSED
(APPROXIMATE)
►-0-+ (APPROXIMATE)
LEGAL DESCRIPTION:
THE N 1/2 OF THE NE 1/4 AND THE N 1/2 OF THE S 1/2 OF THE NE
1/4 OF SECTION 25, AND ALL THAT PART OF THE E 1/2 OF THE NW 1/4
OF SECTION 25, LYING EAST OF THE RIGHT OF WAY OF THE UNION PACIFIC
RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY OF THE BULL
CANAL, ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P M.,
COUNTY OF WELD, STATE OF COLORADO
OWNER
HUNT BROTHERS PROPERTIES, INC
10100 DALLAS ST.
HENDERSON, CO 80002
(303) 289-8555
DANIEL W HUNT. PRESIDENT
APPLICANT:
ASPHALT SPECIALTIES CO. INC
10100 DALLAS 51
HENDERSON. CO 80640
(303) 289-8555
NOTES:
1 SURVEY PROVIDED BY AMERICAN WEST LAND SURVEYING CO A COLORADO
CORPORATION DATED JUNE 8. 2016
2. ALL ELEVATIONS ARE BASED UPON STATIC GPS OBSERVATIONS AND ARE
REPORTED IN NAVD 88 DATUM.
A.S.C.I. NORTH MULTIPLE -USE DEVELOPMENT
A PART OF THE NORTH 1/2 OF SECTION 25, TOWNSHIP 1 NORTH
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
cx
u
4_11 C R. J
SITE VOCATION
a
U
S
1N lr R, 4
VICINITY MAP
SCALE r- 2000'
LIST TABLE
SHEET
SHEET NUMBER
SHEET TITLE
C000
COVER SHEET
COOT
GENERAL NOTES
0002
FRICO NOTES
C01D
EXISTING CONDITIONS
C100
OVERALL GRADING PLAN
C120
DETENTION POND NO 1 DETAILS
C121
DETENTION POND NO 2 DETAILS
C122
DRAINAGE DETAILS
C200
CULVERT PLAN
C210
SITE DETAILS
C300
EROSION & SEDIMENT CTRL PLAN
C301
EROSION CONTROL DETAILS
C302
EROSION CONTROL DETAILS
FRICO APPROVAL BLOCK
THE SIGNATURE 01 THE GENERAL MANAGER OF FRICO IS FOR THE PURPOSES OF
ACKNOWLEDGING ACCEPTANCE OF THE DESIGN OF THE PERMITTED
STRUCTURESONLY. THE SIGNATURE SHALL NOT IN ANY WAY CHANGE THE RIGHTS
AND OBLIGATIONS OF EITHER PARTY WITH RESPECT TO THE (TITLE OF EASEMENT
OR LICENSE AGREEMENT] TO WHICH THESE DESIGNS ARE ATTACHED FRCO IS
EXPRESSLY RELYING UPON THE DESIGN STANDARDS AND PERFORMANCE STANDARDS
SET FORTH IN THESE DRAWINGS AS PRESENTED BY (NAME OF APPLICANT]. AND
(NAME OF APPLICANT] SHALL BE SOLELY RESPONSIBLE THAT, AS CONSTRUCTED.
THE PERMITTED STRUCTURES SHALL PERFORM AS SPECIFIED HEREIN
GENERAL MANAGER, THE FARMERS RESERVOIR AND IRRIGATION COMPANY
SCOTT EDGAR, GENERAL MANAGER
FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO)
80 SOUTH 27TH AVENUE
BRIGHTON. CO B0601
(303) 659-7373
UTILITY LOCATION NOTES:
EROSION CONTROL NOTES;
1 THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS AND IMPLEMENTING AND MAINTAINING EROSION
AND SEDIMENT CONTROL MEASURES AT ALL TIMES DURING CONSTRUCTION TO PREVENT DAMAGING FLOWS ON THE SITE AND
IN THE WATERSHED BELOW THE SITE CONTROL SYSTEMS SHALL BE INSTALLED PRIOR TO STRIPPING OF NATIVE VEGETATIVE
COVER AND AS GRADING PROGRESSES REFER TO SEDIMENT AND EROSION CONTROL PLANS AND STORM WATER
MANAGEMENT PLAN CONDITIONS IN THE FIELD MAY WARRANT EROSION CONTROL MEASURES IN ADDITION TO WHAT IS
SHOWN ON THESE PLANS THE PLAN MAY BE MODIFIED WITH APPROPRIATE APPROVALS AS FIELD CONDITIONS WARRANT.
2 NATURAL VEGETATION SHALL BE RETAINED AND PROTECTED WHEREVER POSSIBLE. EXPOSURE OF SOIL TO EROSION BY
REMOVAL OR DISTURBANCE OF VEGETATION SHALL BE LIMITED TO THE AREA REQUIRED FOR IMMEDIATE CONSTRUCTION
OPERATION AND FOR THE SHORTEST PRACTICAL PERIOD OF TIME.
3 TOPSOIL SHALL BE STOCKPILED TO THE EXTENT PRACTICABLE ON THE SITE FOR USE ON AREAS TO BE REVEGETATED ANY
AND ALL STOCKPILES SHALL BE LOCATED AND PROTECTED FROM EROSIVE ELEMENTS.
4 AT ALL TIMES, THE PROPERTY SHALL BE MAINTAINED AND/OR WATERED TO PREVENT WIND -CAUSED EROSION EARTHWORK
OPERATIONS SHALL BE DISCONTINUED WHEN FUGITIVE DUST SIGNIFICANTLY IMPACTS ADJACENT PROPERTY. IF EARTHWORK IS
COMPLETE OR DISCONTINUED AND DUST FROM THE SITE CONTINUES TO CREATE PROBLEMS, THE CONTRACTOR SHALL
IMMEDIATELY INSTITUTE MITIGATIVE MEASURES AND SHALL CORRECT DAMAGE TO ADJACENT PROPERTY
S PERMANENT OR TEMPORARY SOIL STABILIZATION MEASURES SHALL BE APPLIED TO DISTURBED AREAS WITHIN 30 DAYS AFTER
FINAL GRADE IS REACHED ON ANY PORTION Of THE SITE. UNLESS SPECIFIED OTHERWISE. TEMPORARY VEGETATION SHALL
BE INSTALLED ON ALL DISTURBED AREAS WHERE PERMANENT SURFACE IMPROVEMENTS ARE NOT SCHEDULED FOR
INSTALLATION WITHIN THREE MONTHS TEMPORARY VEGETATION SHALL BE A VIGOROUS. DROUGHT TOLERANT. NATIVE SPECIES
MIX. PROJECT SCHEDULING SHOULD TAKE ADVANTAGE OF SPRING OR FALL PLANTING SEASONS FOR NATURAL GERMINATION,
BUT SEEDED AREAS SHALL BE IRRIGATED, IF CONDITIONS MERIT. REFER TO THE LANDSCAPE PLAN FOR FINAL LANDSCAPING
6 TEMPORARY FENCES SHALL BE INSTALLED ALONG ALL BOUNDARIES OF THE CONSTRUCTION LIMITS OR PROPERTY LINES AS
SHOWN ON THE APPROVED EROSION CONTROL PLAN, TO PREVENT GRADING ON PROPERTY NOT OWNED BY THE
OWNER/DEVELOPER IN ADDITION. THE WELD COUNTY MAY REQUIRE ADDITIONAL TEMPORARY FENCES If FIELD CONDITIONS
WARRANT
7 THE CONTRACTOR SHALL PREVENT SEDIMENT. DEBRIS AND ALL OTHER POLLUTANTS FROM ENTERING THE STORM SEWER
SYSTEM DURING ALL DEMOLITION, EXCAVATION. TRENCHING. GRADING OR OTHER CONSTRUCTION OPERATIONS THAT ARE PART
OF THIS PROJECT THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR REMEDIATION OF ANY ADVERSE IMPACTS TO
ADJACENT WATERWAYS. ROADWAYS. WETLANDS. ETC., RESULTING FROM WORK DONE AS PART OF THIS PROJECT
8 THE CONTRACTOR AND/OR THEIR AUTHORIZED AGENTS SHALL REMOVE ALL SEDIMENT, MUD. CONSTRUCTION DEBRIS. OR
OTHER POTENTIAL POLLUTANTS THAT MAY HAVE BEEN INADVERTENTLY DISCHARGED TO, OR ACCUMULATED IN, THE FLOWLINES
AND PUBLIC RIGHT-OF-WAY AS A RESULT OF CONSTRUCTION ACTIVITIES ASSOCIATED WITH THIS SITE DEVELOPMENT OR
CONSTRUCTION PROJECT
9 THE GRADING CONTRACTOR AND/OR THEIR AUTHORIZED AGENTS SHALL INSURE THAT ALL LOADS OF CUT AND FILL MATERIAL
IMPORTED TO OR EXPORTED FROM THIS SITE SHALL BE PROPERLY COVERED TO PREVENT LOSS OF THE MATERIAL DURING
TRANSPORT ON PUBLIC ROADWAYS
10 APPROVED EROSION AND SEDIMENT CONTROL -BEST MANAGEMENT PRACTICES' (BMP] SHALL BE MAINTAINED AND KEPT IN
GOOD REPAIR FOR THE DURATION OF THIS PROJECT AT A MINIMUM. THE CONTRACTOR OR HIS AGENT SHALL INSPECT ALL
BAPS WEEKLY AND AFTER SIGNIFICANT PRECIPITATION EVENTS ALL NECESSARY MAINTENANCE AND REPAIR SHALL BE
COMPLETED IN A TIMELY MANNER. ACCUMULATED SEDIMENT AND DEBRIS SHALL BE REMOVED FROM A BMP WHEN THE
SEDIMENT LEVEL REACHES ONE HALF THE HEIGHT OF THE BMP OR, AT ANY TIME THAI SEDIMENT OR DEBRIS ADVERSELY
IMPACTS THE FUNCTIONING OF THE BMP
11. WATER USED IN THE CLEANING OF CEMENT TRUCK DELIVERY CHUTES SHALL BE DISCHARGED INTO A PREDEFINED. BERMED
CONTAINMENT AREA ON THE JOB SITE. THE REQUIRED CONTAINMENT AREA IS TO BE BERMED SO THAT WASH WATER IS
TOTALLY CONTAINED WASH WATER DISCHARGED INTO THE CONTAINMENT AREA SHALL BE ALLOWED TO INFILTRATE OR
EVAPORATE DRIED CEMENT WASTE SHALL BE REMOVED FROM THE CONTAINMENT AREA AND PROPERLY DISPOSED OF SHOULD
A PREDEFINED BERMED CONTAINMENT AREA NOT BE AVAILABLE DUE TO THE PROJECT SIZE. OR LACK OF AN AREA WITH A
SUITABLE GROUND SURFACE FOR ESTABLISHING A CONTAINMENT AREA, PROPER DISPOSAL OF READY MIX WASHOUT AND
RINSE OFF WATER AT THE JOB SITE SHALL CONFORM TO THE APPROVED TECHNIQUES AND PRACTICES IDENTIFIED IN THE
COLORADO DEPARTMENT OF PUBLIC HEALTH k ENVIRONMENT'S TRAINING VIDEO ENTITLED "BUILDING FOR A CLEANER
ENVIRONMENT. READY MIX WASHOUT TRAINING'. AND ITS ACCOMPANYING MANUAL ENTITLED. 'READY MIX WASHOUT GUIDEBOOK,
VEHICLE AND EQUIPMENT WASHOUT AT CONSTRUCTION SITES.' THE DIRECT OR INDIRECT DISCHARGE OF WATER CONTAINING
WASTE CEMENT TO THE STORM SEWER SYSTEM IS PROHIBITED. INFORMATION ABOUT. OR COPIES OF THE VIDEO AND TRAINING
MANUAL ARE AVAILABLE FROM THE WATER QUALITY CONTROL DIVISION, COLORADO DEPARTMENT OF PUBLIC HEALTH &
ENVIRONMENT. 4300 CHERRY CREEK DRIVE SOUTH. DENVER. COLORADO 80222-1530. 303-692-3555
12.TnE CONTRACTOR SHALL PROTECT ALL STORM SEWER FACILITIES ADJACENT TO ANY LOCATION WHERE PAVEMENT CUTTING
OPERATIONS INVOLVING WHEEL CUTTING. SAW CUTTING OR ABRASIVE WATER JET CUTTING ARE TO TAKE PLACE THE
CONTRACTOR SHALL REMOVE AND PROPERLY DISPOSE OF ALL WASTE PRODUCTS GENERATED BY SAID CUTTING OPERATIONS
ON A DAILY BASIS THE DISCHARGE OF ANY WATER CONTAMINATED BY WASTE PRODUCTS FROM CUTTING OPERATIONS 10 THE
STORM SEWER SYSTEM IS PROHIBITED
13 PAVED SURFACES WHICH ARE ADJACENT TO CONSTRUCTION SITES SHALL BE SWEPT IN A TIMELY MANNER WHEN SEDIMENT
AND OTHER MATERIALS ARE TRACKED OR DISCHARGED ON TO THEM EITHER SWEEPING BY HAND OR USE OF STREET
SWEEPERS IS ACCEPTABLE STREET SWEEPERS USING WATER WHILE SWEEPING IS PREFERRED IN ORDER 10 MINIMIZE DUST
FLUSHING OFF PAVED SURFACES WITH WATER IS PROHIBITED
-
I THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER Of
COLORADO (UNCC] AT 1-800-922-1087, AT LEAST 48 HOURS PRIOR TO
CONSTRUCTION TO HAVE ALL REGISTERED UTILITY LOCATIONS MARKED OTHER
UNREGISTERED UTILITY ENTITIES ARE TO BE LOCATED BY CONTACTING THE
RESPECTIVE REPRESENTATIVE UTILITY SERVICE LATERALS ARE ALSO TO BE
LOCATED PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL FIELD VERIFY
SIZE. AND HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING FACILITIES PRIOR
TO CONSTRUCTION AND NOTIFY THE ENGINEER AND WELD COUNTY OF ANY
DISCREPANCIES
2. MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY LOCATIONS. THE
UTILITIES SHOWN ON THESE PLANS HAVE BEEN PLOTTED FROM THE BEST
AVAILABLE INFORMATION IT IS HOWEVER. THE CONTRACTOR'S RESPONSIBILITY TO
FIELD VERIFY THE LOCATION. (HORIZONTAL AND VERTICAL] OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION AND NOTIFY THE
ENGINEER AND WELD COUNTY OF ANY DISCREPANCIES
4ir
UNCC Know wears below.
UIK,rY Ivl)11FK;ATI�N Call before you dl
tY N1y1+13 FYJL. 1:Awil dig
CALL 811 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DC. GRADE OR EXCAVATE FOR
MARKING OF UNDERGROUND MEMBER UTILITIES
MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER.
THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE,
MATERIAL. HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION
•
fitiY
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COVER SHEE
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0
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THORNBROUGH
SUNDSTROM
S
5UNDSTROM
Job Number
Project Manager
r
CO
C
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THORNBROUGH
a
C
a
eet Numbr
C000
MARTIN/MARTIN. INC. GENERAL NOTES:
IN ADDITION TO THE WELD COUNTY STANDARD NOTES, THE FOLLOWING SHALL APPLY:
1. ALL MATERIALS AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE WELD COUNTY STANDARDS AND
SPECIFICATIONS LATEST REVISION. ALL STRUTS. WATER MAIN, STORM SEWER AND SANITARY SEWER
CONSTRUCTION SHALL BE SUBJECT TO WELD COUNTY INSPECTION.
2 THE CONTRACTOR SHALL HAVE ONE [1] SIGNED COPY OF PLANS APPROVED BY THE WELD COUNTY AND ONE
COPY OF THE APPROPRIATE DESIGN AND CONSTRUCTION STANDARDS AND SPECIFICATIONS ON THE JOB SITE AT
ALL TIMES
3 CONTRACTOR SHALL NOTIFY THE ENGINEER. OWNER AND WELD COUNTY (48) -HOURS PRIOR TO THE START OF
CONSTRUCTION. A PRE -CONSTRUCTION MEETING SHALL BE SCHEDULED WITH THE WELD COUNTY ENGINEERING
INSPECTOR (24) -HOURS PRIOR TO START OF WORK
4 THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS AT AND ADJACENT TO THE
JOB SITE. INCLUDING, BUT NOT LIMITED TO, SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF
THE WORK. TRENCH EXCAVATION AND SHORING. TRAFFIC CONTROL AND SECURITY THIS REQUIREMENT SHALL
APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL. WORKING HOURS
5 THE WELD COUNTY/OWNER/ENGINEER CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT
INTENDED TO INCLUDE REVIEW OF THE ADEQUACY Of THE CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR
THE CONSTRUCTION SITE
6. ALL TRENCHES SHALL BE ADEQUATELY SUPPORTED AND THE SAFETY OF WORKERS PROVIDED FOR AS REQUIRED
BY THE MOST RECENT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) -SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION THESE REGULATIONS ARE DESCRIBED IN SUBPART P. PART 1926 OF THE
CODE OF FEDERAL REGULATIONS. SHEETING AND SHORING SHALL BE UTILIZED WHERE NECESSARY TO PREVENT
ANY EXCESSIVE WIDENING OR SLOUGHING OF THE TRENCH WHICH MAY BE DETRIMENTAL TO HUMAN SAFETY. TO
THE PIPE BEING PLACED. OR TO ANY EXISTING SITE IMPROVEMENTS OR STRUCTURES. THE CONTRACTOR MAY BE
REQUIRED TO USE AN APPROVED PILING INSTEAD OF SHEETING AND SHORING
CONTRACTOR SHALL OBTAIN ALL PERMITS FOR STREET CUTS. UTILITY INTERRUPTIONS AND TRAFFIC CONTROL
8 AT LEAST FIVE (5) WORKING DAYS PRIOR TO THE BEGINNING OF CONSTRUCTION. A TRAFFIC CONTROL PUMA
SHALL BE SUBMITTED TO WELD COUNTY THE TRAFFIC CONTROL PLAN SHALL BE PREPARED BY A CERTIFIED
TRAFFIC CONTROL SUPERVISOR AND SHALL BE IN CONFORMANCE WITH THE MANUAL ON UNIFORM TRAFFIC
CONTROL DEVICES NO WORK SHALL BEGIN UNTIL ALL TRAFFIC CONTROL DEVICES HAVE BEEN PLACED IN
ACCORDANCE WITH THE PLAN. THE CONTRACTOR SHALL CONTINUOUSLY MAINTAIN THE TRAFFIC CONTROL DEVICES
FOR THE ENTIRE DURATION OF THE PROJECT OR UNTIL THE ROADWAY HAS BEEN OPENED AND THE PERMANENT
TRAFFIC CONTROL DEVICES HAVE BEEN INSTALLED
9 ALL TRENCH BACKFILL AND SUBGRADE PREPARATION SHALL BE TESTED TO ENSURE COMPLIANCE WITH WELD
COUNTY STANDARDS AND SHALL BE TESTED AT WELD COUNTY REQUIRED FREQUENCIES BY A WELD COUNTY
APPROVED PRIVATE SOILS TESTING FIRM. TEST RESULTS SHALL BE SUBMITTED TO, REVIEWED, AND APPROVED BY.
THE WELD COUNTY ENGINEERING DIVISION PRIOR TO INSTALLING BASE COURSE, ASPHALT OR CONCRETE ON
PREPARED SUBGRADE ALL BASE COURSE DENSITY SHALL ALSO BE TESTED BY THE PRIVATE SOILS FIRM AT
WELD COUNTY REQUIRED FREQUENCIES TO ENSURE COMPLIANCE WITH WELD COUNTY REQUIREMENTS. BASE
COURSE TEST RESULTS SHALL ALSO BE APPROVED BY THE WELD COUNTY ENGINEERING DIVISION PRIOR TO
INSTALLING PAVEMENT. ALL CONCRETE AND ASPHALT PLACED SHALL BE TESTED IN ACCORDANCE WITH WELD
COUNTY MINIMUM MATERIALS TESTING STANDARDS TEST RESULTS SHALL BE REVIEWED AND APPROVED BY THE
WELD COUNTY ENGINEERING DIVISION PRIOR TO INITIATION OF THE REQUIRED (2) YEAR WARRANTY PERIOD.
10 CONTRACTOR SHALL CONFORM TO ALL FEDERAL. STATE AND LOCAL HEALTH AND SAFETY RULES AND
REGULATIONS
11 THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL UTILITIES DURING CONSTRUCTION AND FOR
COORDINATING WITH THE APPROPRIATE UTILITY COMPANY FOR ANY UTILITY CROSSINGS REQUIRED. REPAIR OF
DAMAGED UTILITIES SHALL BE AT THE CONTRACTORS EXPENSE. INCLUDING BUT NOT LIMITED TO UNKNOWN
UNDERGROUND UTILITIES.
12. EXISTING FENCES. TREES. SIDEWALKS, CURBS AND GUTTERS. LANDSCAPING. STRUCTURES, AND IMPROVEMENTS
DESTROYED. DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT SHALL BE REPLACED OR
RESTORED IN LIKE KIND AT THE CONTRACTOR'S EXPENSE. UNLESS OTHERWISE INDICATED ON THESE PLANS.
13. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR MAINTAINING REASONABLE ACCESS TO AND FROM ALL OF
THE ADJACENT PROPERTIES THROUGHOUT THE COURSE OF THE WORK THE CONTRACTOR SHALL BE REQUIRED
TO MEET (INDIVIDUALLY OR COLLECTIVELY) WITH ALL ADJACENT PROPERTY OWNERS WHO'S DRIVEWAY ACCESS
WILL BE AFFECTED BY THE WORK. AS CONSTRUCTION CONDITIONS CHANGE AND THE WORK PROGRESSES. THE
CONTRACTOR SHALL BE REQUIRED TO PERIODICALLY UPDATE THOSE PROPERTY OWNERS SO THAT THEY ARE
KEPT INFORMED ABOUT THEIR ACCESS.
14. OWNER/DEVELOPER SHALL OBTAIN A STORMWATER CONSTRUCTION PERMIT FROM THE COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT. WATER QUALITY CONTROL DIVISION, PRIOR TO CLEARING. GRADING, OR
EXCAVATING A SITE OF ONE-HALF ACRE OR MORE. OR LESS THAN ONE-HALF ACRE AND PART OF A LARGER
DEVELOPMENT. A COPY OF THE APPROVED PERMIT MUST BE SUBMITTED TO THE WELD COUNTY ENGINEERING
DMSION PRIOR TO THE START OF CLEARING. GRADING OR EXCAVATING OF THE SITE. A COPT OF THE APPROVED
PERMIT MUST ALSO BE AVAILABLE ON THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.
15. CONTRACTOR SHALL OBTAIN A COLORADO STATE CONSTRUCTION DEWATERING DISCHARGE PERMIT FROM THE
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR ALL AREAS WHERE DEWATERING IS
REQUIRED FROM AN EXCAVATION AND WATER IS DISCHARGED INTO A STORM SEWER. CHANNEL. IRRIGATION DITCH
OR ANY WATERS OF THE UNITED STATES. A COPY OF THE APPROVED PERMIT MUST BE SUBMITTED TO THE
WELD COUNTY ENGINEERING DIVISION PRIOR TO THE START OF ANY DEWATERING. A COPY OF THE APPROVED
PERMIT MUST ALSO BE AVAILABLE ON THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.
16. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING STORM RUNOFF AND ANY GROUNDWATER
ENCOUNTERED DURING THE CONSTRUCTION OF ANY PORTION OF THIS PROJECT. GROUNDWATER SHALL BE
PUMPED. PIPED. REMOVED AND DISPOSED OF IN A MANNER WHICH DOES NOT CAUSE FLOODING OF EXISTING
EROSION ABUTTING PROPERTIES IN ORDER TO T I P T STREETS NOR ON PRO ER ES 0 DE ME M ROVEMEN S SHOWN ON
THESE PLANS NO CONCRETE SHALL BE PLACED WHERE GROUNDWATER IS VISIBLE OR UNTIL THE GROUNDWATER
TABLE HAS BEEN LOWERED BELOW THE PROPOSED IMPROVEMENTS ANY UNSTABLE AREAS. AS A RESULT OF
GROUNDWATER. ENCOUNTERED DURING THE CONSTRUCTION OF THE PROPOSED IMPROVEMENTS SHALL BE
STABILIZED AS AGREED UPON BY THE CONTRACTOR, THE WELD COUNTY. AND THE GEOTECHNLCAL ENGINEER AT
THE TIME OF OCCURRENCE.
17. THE CONTRACTOR IS RESPONSIBLE FOR FIELD LOCATING AND VERIFYING ELEVATIONS OF ALL EXISTING SEWER
MAINS. WATER MAINS, CURBS. GUTTERS AND OTHER UTILITIES AT THE POINT OF CONNECTION SHOWN ON THE
PLANS, ANO AT ANY UTILITY CROSSINGS PRIOR TO INSTALLING ANY OF THE NEW IMPROVEMENTS. IF A
CONFLICT EXISTS AND/OR A DESIGN MODIFICATION IS REQUIRED. THE CONTRACTOR SHALL COORDINATE WITH THE
ENGINEER TO MODIFY THE DESIGN.
18. PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION. THE CONTRACTOR SHALL CONTACT ALL UTILITIES TO
COORDINATE SCHEDULES.
19 CONTRACTOR SHALL NOTIFY ALL BUSINESSES/RESIDENTS IN WRITING 48 HOURS PRIOR TO ANY SHUT-OFF IN
SERVICE. THE NOTICES MUST HAVE CONTRACTOR'S PHONE NUMBER AND NAME OF CONTACT PERSON. AND
EMERGENCY PHONE NUMBER FOR AFTER HOURS CALLS ALL SHUT OFFS MUST BE APPROVED BY THE WELD
COUNTY UTILITY DIVISION. AND WELD COUNTY VALVES AND APPURTENANCES SHALL BE OPERATED BY WELD
COUNTY PERSONNEL, UNLESS WRITTEN PERMISSION IS GIVEN OTHERWISE
PUBLIC 1 PR T INCLUDING T 20. ALL M OVEMEN WORKCORRECTION CT WORK, SHALL BE INSPECTED D A WELD COUNTY
O E ION E E EN El OU
REPRESENTATIVE WHO SHALL HAVE THE AUTHORITY TO HALT CONSTRUCTION WHEN STANDARD CONSTRUCTION
PRACTICES ARE NOT BEING ADHERED T0. THE WELD COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
SUCH MATERIALS AND WORKMANSHIP THAT DOES NOT CONFORM TO ITS ENGINEERING CODE OF STANDARDS AND
SPECIFICATIONS FOR THE DESIGN AND CONSTRUCTION OF PUBLIC IMPROVEMENTS. CONTRACTOR IS RESPONSIBLE
FOR BEING AWARE OF, NOTIFYING. COORDINATING AND SCHEDULING ALL INSPECTIONS REQUIRED FOR FINAL
APPROVALS AND PROJECT ACCEPTANCE
21. THE CONTRACTOR SHALL NOT OPERATE ANY CONSTRUCTION VEHICLES NOR PERFORM ANY CONSTRUCTION
OPERATIONS BEFORE 7 AM OR AFTER 6 PM, MONDAY THROUGH FRIDAY OR BEFORE 8 AM AND AFTER 5 PM ON
SATURDAYS. NO WORK WILL BE ALLOWED ON SUNDAYS OR HOLIDAYS. THE WELD COUNTY RESERVES THE RIGHT
TO FURTHER RESTRICT OR MODIFY THESE HOURS OF OPERATION IF CONDITIONS WARRANT
22. TRAILS SHOWN ON LANDSCAPE CONSTRUCTION PLANS SHALL BE FIELD FIT TO ATTAIN 4.8* MAX SLOPE AND 22
CROSS SLOPE PER ADA REQUIREMENTS, UNLESS OTHERWISE NOTED.
23. COMPACTION OF ALL TRENCHES MUST BE ATTAINED AND COMPACTION TEST RESULTS SUBMITTED TO THE
ENGINEER AND THE WELD COUNTY PRIOR TO FINAL ACCEPTANCE.
24. RECORD DRAWINGS SHOWING ALL CHANGES FROM THE APPROVED CONSTRUCTION DRAWINGS SHALL BE
SUBMITTED TO THE ENGINEER AND OWNER PRIOR TO INITIATION OF THE WARRANTY PERIOD THE RECORD
DRAWINGS WILL CONSIST OF A MARKED -UP SET OF ISSUED FOR CONSTRUCTION- DRAWINGS VERIFYING THE
FOLLOWING
• ALL LENGTHS, SIZES, AND MATERIALS OF INSTALLED PIPE, MANHOLES, AND ANY OTHER IMPROVEMENT
• HORIZONTAL LOCATIONS EITHER BY STATION AND OFFSET, OR BY NORTHING AND EASTING COORDINATES OF ALL
MANHOLES. BENDS. CLEANOUTS. VALVES. TAPS. OYES. STUBS. PLUGS. TEES. ETC
• INVERT ELEVATIONS OF STORM SEWER AND SANITARY SEWER MANHOLES. INLETS. OUTLETS. STUB ENDS, TOP OF
PIPE ELEVATIONS OF EACH UTILITY CROSSING. ETC.
• CONSTRUCTED SLOPE OF STORM AND SANITARY PIPES BETWEEN MANHOLES AND STRUCTURES.
• TOP OF PIPE ELEVATION AT REGULAR INTERVALS AND/OR FITTINGS FOR WATER LINES
• ELEVATIONS AT FLOWLINE OF CURB AND GUTTER AT DESIGN LOCATIONS AND GRADE BREAKS. ELEVATION OF
INLET AND TRENCH DRAIN GRATES TOP OF CURB AT CURB INLETS
• ANY OTHER VARIATIONS FROM THE CONSTRUCTION DOCUMENTS MUST BE CLEARLY NOTED AND DETAILED ON
THE PLANS
• AS -BUILT FIELD NOTES. FROM WHICH THE AS -BUILT DRAWINGS ARE PREPARED. ARE TO BE PROVIDED AND
STAMPED/SIGNED AND DATED BY A COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR.
25 THE CONTRACTOR SHALL WARRANT ALL WORK TO BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS
FOR THE PERIOD AS REQUIRED BY WELD COUNTY FROM THE DATE Of ACCEPTANCE INTO THE WARRANTY PERIOD
OF ALL CONSTRUCTION
26 DURING CONSTRUCTION AND UPON COMPLETION Of CONSTRUCTION. THE SITE SHALL BE CLEANED AND
RESTORED TO A CONDITION EQUAL TO. OR BETTER THAN, THAT WHICH EXISTED BEFORE CONSTRUCTION
27 A GEOTECHNICAL REPORT SHALL BE OBTAINED FOR PAVEMENT DESIGN AND RECOMMENDATIONS REGARDING
EXCAVATION, COMPACTION. MATERIALS. EMBANKMENT. PAVEMENT SUBExCAVATION. MOISTURE CONTROL. AND
TOPSOIL REMOVAL AND REPLACEMENT. THE CONSTRUCTION METHODS FOR EXCAVATION/EMBANKMENTS.
COMPACTION. AND SUBGRADE PREPARATION SHALL BE IN STRICT CONFORMANCE WITH THE GEOTECHNICAL
ENGINEER'S RECOMMENDATIONS ENGINEER SHALL BE NOTIFIED IMMEDIATELY OF DISCREPANCIES BETWEEN THE
GEOTECHNICAL REPORT RECOMMENDATIONS AND REQUIREMENTS OF THESE CONSTRUCTION DOCUMENTS AND
SPECK (CATIONS.
28 THESE CONSTRUCTION DOCUMENTS ARE INTENDED SOLELY FOR THE CONSTRUCTION OF THE DEVELOPMENT
DEPICTED HEREIN PERIODIC, SYSTEMATIC MAINTENANCE IS NECESSARY FOR THE OWNER 10 REALIZE THE DESIGN
LIFE AND PERFORMANCE OF THE FACILITIES OF THIS PROJECT. INSPECTION, MAINTENANCE AND REPAIR ARE THE
SOLE RESPONSIBILITY OF THE OWNER. THE DESIGN RELIES UPON A RESPONSIBLE EFFORT BY THE OWNER TO
MAINTAIN THE FACILITIES. THUS. ANY DAMAGES ARISING OUT OF THE OWNER'S FAILURE TO PERFORM SAID
MAINTENANCE ARE BEYOND THE DESIGNERS CONTROL MARTIN/MARTIN EMPHASIZES THE IMPORTANCE OF A
MAINTENANCE PROGRAM AND K REQUESTED WOULD BE AVAILABLE TO SUBMIT A PROPOSAL FOR ASSISTING THE
OWNER IN THE DEVELOPMENT OF A COMPREHENSIVE. SYSTEMATIC MAINTENANCE PROGRAM 10 MAINTAIN THE
MAJOR INFRASTRUCTURE COMPONENTS OF THIS PROJECT OWNER SHOULD BE COGNIZANT OF THE IMPORTANCE
OF MAINTAINING DRAINAGE PATTERNS AND TO AVOID EXCESSIVE IRRIGATION THE SOILS TYPICALLY FOUND IN
COLORADO ARE SENSITIVE TO EXCESS MOISTURE THIS COULD POTENTIALLY RESULT IN PAVEMENT/STRUCTURE
MOVEMENTS WHICH MAY BE UNACCEPTABLE AND COMPROMISE THE DESIGN INTENT AND FUNCTIONALITY OF THE
PROJECT. MARTIN/MARTIN RECOMMENDS THE OWNER MAINTAIN A COMPLETE SET OF SOILS/DRAINAGE REPORTS
AND DESIGN PLANS OF THE PROJECT FOR FUTURE REFERENCE.
29 MARTIN/MARTIN HAS NO RESPONSIBILITY FOR THE FOUNDATION SYSTEMS USED WITHIN THIS DEVELOPMENT
MARTIN/MARTIN SUGGESTS THAT ALL OWNERS, PRESENT AND FUTURE, BECOME AWARE OF THE RISK ASSOCIATED
WITH IMPROPER MAINTENANCE OF SLOPES AND DRAINAGE AWAY FROM THE STRUCTURES. MARTIN/MARTIN
RECOMMENDS THE FOLLOWING REFERENCE AS A WAY TO BECOME MORE AWARE OF THE UNIQUE SOILS
CONDITIONS FOUND WITHIN THIS PROJECT AND WITHIN MUCH OF THE FRONT RANGE AREA
"A GUIDE TO SWELLING SOIL FOR HOMEBUYERS AND HOMEOWNERS: PUBLISHED BY THE COLORADO GEOLOGICAL
SURVEY. SPECIAL PUBLICATION NO 43
30 THE FOLLOWING LIMITED SCOPE OF RESPONSIBILITY NOTE MUST BE LOCATED. OR REFERENCED TO A GENERAL
NOTE. ADJACENT TO THE P.E SEAL PER 5.1.5 OF THE COLORADO BYLAWS AND RULES
MARTIN/MARTIN, INC. 010 NOT HAVE A GEOTECHNICAL STUDY WHEN COMPLETING THE GRADING PLANS. IT IS
RECOMMENDED THAT A GEOTECHNICAL ENGINEER IS ENGAGED FOR GUIDANCE IN PLACING FILL.
GRB0NGSIES;
t ALL SITE GRADING [EXCAVATION. EMBANKMENT. AND COMPACTION) SHALL CONFORM TO THE RECOMMENDATIONS OF
A GEOTECHNICAL INVESTIGATION FOR THIS PROPERTY AND SHALL FURTHER BE IN CONFORMANCE WITH WELD
COUNTY'S "STANDARDS AND SPECIFICATIONS FOR THE DESIGN AND CONSTRUCTION OF PUBLIC IMPROVEMENTS."
LATEST EDITION
2. THE GRADING DESIGN SHOWN HEREON HAS BEEN PREPARED IN CONFORMANCE WITH THE REQUIREMENTS OF FHA
AND HUD CRITERIA. VARIOUS CONFLICTING DESIGN CRITERIA MAKE TOTAL COMPLIANCE WITH THE GEOTECHNICAL
ENGINEER'S RECOMMENDATIONS DIFFICULT [ADA. SITE PLAN LAYOUT, ETC.]. THUS. THESE PLANS SHALL BE
PROVIDED TO THE GEOTECHNICAL ENGINEER FOR REVIEW AND COMMENT RELATIVE TO COMPLIANCE WITH THEIR
RECOMMENDATIONS. IF THE GEOTECHNICAL ENGINEER DETERMINES THE DESIGN MAY COMPROMISE THE ACCEPTABLE
PERFORMANCE OF THE STRUCTURES AND/OR PAVEMENTS, UPON RECEIPT OF THE WRITTEN COMMENTS FROM THE
GEOTECHNICAL ENGINEER. COMMENTS WILL BE DISCUSSED AND RESOLVED WITH THE OWNER AND THE
GEOTECHNICAL ENGINEER. AND WILL BE ADDRESSED IN A MANNER AS DIRECTED BY THE OWNER
3 EXISTING ELEVATIONS SHOWN ON THIS DRAWING HAVE BEEN DEPICTED FROM BEST AVAILABLE INFORMATION AND
ARE SHOWN TO THE EXTENT KNOWN. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY EXISTING
GRADE CONDITIONS AT THE LIMITS OF CONSTRUCTION AND AT LOCATIONS THAT INTERFACE WITH EXISTING OR
PROPOSED STRUCTURES AND NOTIFY THE ENGINEER OF ANY DISCREPANCIES THAT CONTRADICT THE ENGINEERS
INTENT FOR DRAINAGE PATTERNS. MAXIMUM AND MINIMUM SLOPES. AND PROPOSED ELEVATIONS AS SHOWN ON THE
PLAN. THE ENGINEER WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH CHANGES TO THE DESIGN WITHOUT
PROPER NOTIFICATION.
4. PROPOSED CONTOURS AND SPOT ELEVATIONS AS SHOWN HEREIN ARE DEFINED AS FINISHED ELEVATION AFTER
PAVING, LANDSCAPING, ETC CONTRACTOR SHALL COORDINATE WITH GEOTECH FOR PAVEMENT THICKNESS AND
LANDSCAPE FOR THICKNESS OF TOPSOIL. SOD AND LANDSCAPE MATERIALS
ALL SPOTS ARE TO FLOWLINE UNLESS OTHERWISE NOTED FG - FINISHED GRADE. FF - FINISH FLOOR. TOF - TOP
OF FOUNDATION, HP • HIGH POINT. LP - LOW POINT, TOW - TOP OF WALL [FINISHED GRADE AT BACK OF WALL).
BOW - BOTTOM OF WALL [FINISHED GRADE AT FACE OF WALL). GB - GRADE BREAK. FL a FLOWLINE. TOC - TOP
Of CURB.
5. ALL ISLANDS ARE TO BE GRADED SUCH THAT THERE IS A POSITIVE DRAINAGE TO ADJACENT CURB AND GLITTER.
6. COMMERCIAL BUILDING FINISHED FLOOR (OR TOP OF FOUNDATION) ELEVATIONS MUST BE A MINIMUM 1.0 FEET
ABOVE THE 100 -YEAR WATER SURFACE ELEVATION AND RESIDENTIAL MUST BE A MINIMUM 2 0 FEET ABOVE THE
100-YR WATER SURFACE
7. TEMPORARY CUT/FILL SLOPES SHALL NOT EXCEED A STEEPNESS OF [1:1) (H:V) PERMANENT SLOPES SHALL NOT
EXCEED [4 1] (Hy) (UNLESS NOTED OTHERWISE) IN AREAS TO BE SEEDED OR SODDED
B. CONTRACTOR SHALL ADJUST ALL EXISTING AND PROPOSED MANHOLE RIMS, VALVE BOXES, ETC TO MATCH FINAL
GRADE
9 REFER TO FINAL DRAINAGE STUDY DATED SEPTEMBER 12, 2017 PREPARED BY MARTIN/MARTIN, INC FOR DRAINAGE
BASINS, FLOWS, AND INTENDED DRAINAGE PATTERNS.
10. MARTIN/MARTIN IS PROVIDING LINE AND GRADE FOR THE RETAINING WALLS SHOWN HEREON. THE WALL
LAYOUT/GRADING SHOWN IS PROVIDED TO THE WALL DESIGNER/CONTRACTOR AS A COURTESY. THE WALL DESIGNER
SHALL TAKE INTO CONSIDERATION ALL JURISDICTIONAL REQUIREMENTS, GEOTECHNICAL INFORMATION AND
REQUIREMENTS. AND GRADING/DRAINAGE PATTERNS IN THE DESIGN OF THE WALLS. THE RETAINING WALL DESIGN
NEEDS TO ACCOMMODATE THE EFFECTS OF UNCONTROLLED RUNOFF FROM UP -GRADIENT OF THE WALLS. INCLUDING
HYDROSTATIC PRESSURE AND EROSION. REFER TO GRADING PLANS DATED SEPTEMBER 12, 2017 PREPARED BY
MARTIN/MARTIN FOR PROPOSED GRADING AND TO THE FINAL DRAINAGE REPORT DATED SEPTEMBER 12. 2017
PREPARED BY MARTIN/MARTIN FOR DRAINAGE BASINS AND PATTERNS
STORM SEWER NOTES:
1 ALL MATERIALS AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE (LOCAL JURISDICTION) ENGINEERING STANDARDS.
MATERIAL SPECIFICATIONS. AND DRAWINGS (LATEST REVISION) ALL STORM SEWER CONSTRUCTION SHALL BE APPROVED AND
INSPECTED BY WELD COUNTY.
2 CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICAL LOCATIONS OF EXISTING STORM SEWER POINTS OF CONNECTION
PRIOR TO CONSTRUCTION OF ANY PROPOSED STORM SEWER
3 ALL STORM SEWER LINES SHALL BE RCP. CLASS IN UNLESS DISTANCE BETWEEN PIPE CROWN AND BOTTOM Of PAVEMENT IS
LESS THAN 18". IN WHICH CASE CLASS N WILL BE REQUIRED
4 ALL STORM SEWER PIPE JOINTS SHALL BE INSTALLED WITH AN APPROVED RUBBER GASKET 0 -RING OR PROFILE TYPE
GASKET THE JOINT SHALL BE SIMILAR AND EQUAL TO THE BUREAU OF RECLAMATION "R-4" JOINT DESIGNATION. UNLESS
OTHERWISE APPROVED BY THE ENGINEER
5 DISTANCES FOR STORM SEWER PIPE ARE THE HORIZONTAL DISTANCES FROM CENTER OF MANHOLE TO CENTER OF MANHOLE.
THEREFORE, DISTANCES SHOWN ON PLANS ARE APPROXIMATE AND COULD VARY DUE TO VERTICAL ALIGNMENT AND MANHOLE
WIDTHS.
6 MANHOLES. BARRELS AND CONES SHALL BE CONSTRUCTED OF PRECAST CONCRETE CAST -IN -PLACE MANHOLES SHALL NOT
7 PRECAST MANHOLES AND RISERS SHALL BE MANUFACTURED IN CONFORMITY WITH ASTM DESIGNATION C-478. ALL CONES
8 ALL STORM SEWERS SHALL HAVE CLASS T. BEDDING UNLESS OTHERWISE SHOWN. BEDDING MATERIAL SHALL CONFORM TO
ASTM C-33 OR 0-448, GRADATION NO 67
BE ALLOWED.
SHALL BE (ECCENTRIC) AND SHALL BE ROTATED AWAY FROM ADJACENT CURB AND GUTTER.
9 THE FLEXIBLE PLASTIC JOINT SEALING COMPOUND SHALL BE 'RAMNEK," RUBBERNECK OR APPROVED EQUAL
10. THE CONNECTION OF A NEW STORM SEWER TO AN EXISTING MANHOLE/INLET MAY REQUIRE CHANGES IN ELEVATIONS OR
MODIFICATION TO EXISTING STRUCTURES USE OF A PRE -CAST CONCRETE STRUCTURE OR MANHOLE/INLET
RECONSTRUCTION IS AT THE DISCRETION OF WELD COUNTY
I I. CONTRACTOR SHALL IMMEDIATELY REMOVE DEBRIS DEPOSITED INTO PUBLIC MANHOLES AND OTHER PUBLIC STRUCTURES 10
ELIMINATE THE POSSIBILITY OF PROPERTY DAMAGE DUE TO THE DEBRIS CAUSING BACKUP INTO PRNATE PROPERTIES IF IT
IS DETERMINED THAT DEBRIS CAUSED A BACKUP. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR DAMAGES.
12 NO TREES SHALL BE PLANTED WITHIN ANY SEWER EASEMENT OR WITHIN TEN (10) FEET OF ANY PUBLIC MANHOLES, PIPES
OR INLETS
13. RIM ELEVATIONS SHOWN ARE APPROXIMATE ONLY AND ARE NOT TO BE TAKEN AS FINAL ELEVATIONS. CONTRACTOR SHALL
USE PRECAST CONCRETE ADJUSTMENT RINGS TO ADJUST THE MANHOLE FRAME TO THE REQUIRED FINAL GRADE. SUCH THAT
THERE IS NO MORE THAN EIGHTEEN [ 18) INCHES FROM FINISHED GRADE TO THE TOP OF THE CONE SECTION. THE RIM
SHALL BE LEFT 1/8 -INCH TO 1/4 -INCH BELOW FINISHED ASPHALT
14 MANHOLE COVERS SHALL BE ALIGNED TO PROVIDE A MINIMUM OF THREE [3] FEET CLEARANCE BETWEEN THE MANHOLE
RING AND THE LIP OF GUTTER
15 STATIONING/COORDINATES SHOWN FOR TYPE 'R' INLETS IS ON FLOWLINE AT CENTER OF INLET STATIONING/COORDINATES
FOR AREA INLETS ARE AT CENTER OF INLET STATIONING/COORDINATES FOR FLARED END SECTIONS ARE AT CENTER OF
FLARED END.
16 SLOPE OF INLET FLOW LINE OR GRATE TO MATCH STREET GRADE UNLESS INLET IS AT A SUMP LOCATION.
17 CONTRACTOR TO COORDINATE HORIZONTAL AND VERTICAL LOCATIONS OF ROOF DRAIN SERVICES AND DOWNSPOUTS WITH
PLUMBING AND ARCHITECTURAL PLANS PRIOR 10 CONSTRUCTION. NOTIFY ENGINEER OF ANY DISCREPANCIES.
SITE HORIZONTAL CONTROL NOTES'
1 ALL RADII FOR TRAILS AND SIDEWALKS SHALL BE A MINIMUM OF [5) FEET
2 ALL DIMENSIONS. CURVE DATA AND LINE DATA ARE AT FLOWLINE UNLESS OTHERWISE NOTED
3 ALL PAVEMENT MARKING WITHIN PARKING AREA SHALL BE PAVEMENT MARKING PAINT ALL PARKING STALLS SHALL BE FOUR
INCHES (4") WIDE WHITE PAVEMENT MARKING PAINT. PAVEMENT MARKINGS SHALL BE IN ACCORDANCE WITH SECTION
627 -PAVEMENT MARKINGS. OF THE STANDARD SPECK -CATIONS FOR ROAD AND BRIDGE CONSTRUCTION - COLORADO
DEPARTMENT OF TRANSPORTATION, LATEST EDITION.
4 ALL CURB AND GUTTER WITHIN PARKING AREA IS SIX INCHES (6") VERTICAL CURB WITH (1') PAN, UNLESS OTHERWISE
NOTED. ALL CURB ANO GUTTER WITHIN RIGHT-OF-WAY IS SIX INCHES (6") VERTICAL WITH (2'] PAN UNLESS OTHERWISE
NOTED. CURB AND GUTTER SHOWN (USE SYMBOL) SHALL BE SPILL TYPE. ALL OTHER AND GUTTER SHALL BE CATCH TYPE.
ALL PAVEMENT ASPHALT OTHERWISE T . S EME IS AS H1AL UNLESS O E SE NOTED
6 FLOwLINE RADIUS IS [3) FEET UNLESS OTHERWISE NOTED.
7 CONTRACTOR TO SUBMIT JOINT PATTERN FOR CONCRETE PAVEMENT. PRIOR TO CONSTRUCTION. FOR APPROVAL SEE JOINT
DETAILS IN PLANS.
8 REFER TO LANDSCAPE/ARCHITECT PLANS FOR FINAL SIDEWALK HANDICAP RAMP LAYOUT AND DETAILS AND FOR
LANDSCAPING REQUIREMENTS.
9. ARCHITECTURAL BUILDING PLANS SHOULD BE PREPARED PRIOR TO CONSTRUCTION CONTRACTOR TO VERIFY AND
COORDINATE DOOR LOCATIONS WITH ARCHITECTURAL PLANS PRIOR TO CONSTRUCTION AND NOTIFY ENGINEER OF ANY
DISCREPANCY
10 REFER TO ELECTRICAL PLANS FOR SITE LIGHTING POLE LOCATIONS COORDINATE ANY DISCREPANCIES WITH ENGINEER
PRIOR TO INSTALLATION OF POLE BASES
SITE NOTES:
I ALL CONCRETE SHALL HAVE A MAXIMUM WATER/CEMENT RATIO (W/C) OF 0.42.
2 ALL CONSTRUCTION SHALL CONFORM TO CDOT SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION.
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C001
FARMERS RESERVOIR AND IRRIGATION COMPANY NOTES
DEFINITIONS
A FACILITY OWNER - FRICO
B PROPERTY OWNER - HUNT BROTHERS PROPERTIES, INC
C CONTRACTOR - ASPHALT SPECIALTIES CO INC
D ENGINEER - NARTIN/MARTIN, INC
2. ALL IRRIGATION AND CANAL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE DESIGN
CRITERIA FOR FACILITIES OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY. LATEST
EDITION. EXCEPT AS SPECIFICALLY MODIFIED BY THESE PROJECT DRAWINGS
3. CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD FRICO HARMLESS FROM ANY AND ALL
LIABILITY, REAL AND ALLEGED. IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS
PROJECT. EXCEPTING FOR LIABILITY ARISING FROM THE GROSS NEGLIGENCE OF FRICO
4 FRICO AND ITS AGENTS OR CONSULTANTS DO NOT WARRANT OR GUARANTEE THE ADEQUACY
OE DESIGNS REVIEWED AND APPROVED BY FRICO FRICO'S REVIEW OF PROJECT REPORTS.
PLANS, AND SPECIFICATIONS IS FOR THE SOLE BENEFIT OF FRICO TO DETERMINE IF
PROJECT DETAILS CONFORM TO FRICO DESIGN GUIDELINES. WHICH ARE NECESSARY 10
REASONABLY ASSURE THAT PROJECTS 00 NOT ADVERSELY AFFECT THE FACILITIES OR
OPERATIONS OF FRICO
S CONTRACTOR SHALL SCHEDULE A PRE -CONSTRUCTION MEETING WITH FRICO REPRESENTATIVE
AND WELD COUNTY AT LEAST 72 HOURS PRIOR TO START OF CONSTRUCTION THOSE IN
ATTENDANCE SHALL INCLUDE OWNERS REPRESENTATIVE. ENGINEER. CONTRACTOR. AND OTHER
AFFECTED AGENCIES. CONSTRUCTION PLANS WILL BE DISTRIBUTED AT THE
PRE -CONSTRUCTION MEETING
MI
6
TECHNICAL APPROVAL BY FRICO OF THE DESIGN OF THE IMPROVEMENTS SPECIFIED HEREIN
SHALL NOT CONSTITUTE AUTHORIZATION TO BEGIN WORK AN EASEMENT OR LICENSE
AGREEMENT. APPROVED TEMPORARY ACCESS AND CONSTRUCTION PERMIT (INCLUDING
SCHEDULE THAT INCLUDES THE DAY. MONTH. AND YEAR WHEN WORK IS ALLOWED). AND
WRITTEN NOTICE TO PROCEED FROM FRICO'S GENERAL MANAGER ARE ALSO REQUIRED PRIOR
TO COMMENCING CONSTRUCTION ACTIVITIES FOLLOWING THE APPROVAL OF THE DESIGN
PLANS AND EASEMENT OR LICENSE AGREEMENT, AND PRIOR TO THE PRE -CONSTRUCTION
MEETING, IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO SUBMIT A CONSTRUCTION
SCHEDULE TO FRCO FOR RENEW AND APPROVAL FRICOS APPROVAL OF THE
CONSTRUCTION SCHEDULE IS IN FRICOS SOLE DISCRETION, AND FRICO MAY REFUSE TO
APPROVE A SCHEDULE IF IT MAY IMPACT THE CANALS OPERATIONS OR FRICOS ABILITY TO
MAINTAIN OR ACCESS ITS FACILITES
7 CONTRACTOR SHALL RESTRICT CONSTRUCTION ACTIVITY TO AREAS DEFINED AS PERMANENT
AND/OR TEMPORARY CONSTRUCTION EASEMENTS. UNLESS OTHERWISE AUTHORIZED BY FRICO
AND PROPERTY OWNER
8. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING CONTINUOUS ACCESS FOR FRICO
PERSONNEL AND EQUIPMENT ALONG THE LENGTH OF THE EXISTING CANAL THROUGHOUT THE
COURSE OF THE PROJECT.
ALT MATERIALS AND WORKMANSHIP SHALL BE SUBJECT TO INSPECTION BY FRICO FRICO
RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SUCH MATERIALS AND WORKMANSHIP THAT
DO NO1 CONFORM TO STANDARDS AND SPECIFICATIONS CONTRACTOR SHALL PROVIDE SHOP
DRAWINGS TO FRICO FOR ENGINEERING REVIEW AND APPROVAL PRIOR TO INSTALLATION OF
MATERIALS OR FACILITIES FOR WHICH SHOP DRAWINGS ARE CREATED
10 CONTRACTOR SHALL VERIFY ACCURACY BETWEEN WORK SET FORTH ON THESE PLANS AND
WORK REQUIRED IN THE FIELD ANY DISCREPANCIES SHALL BE BROUGHT TO THE ATTENTION
OF THE ENGINEER AND FRCO REPRESENTATIVE PRIOR TO START OF CONSTRUCTION
11. IT IS THE ENGINEERS RESPONSIBILITY TO RESOLVE CONSTRUCTION PROBLEMS WITH FRICO
DUE TO CHANGED CONDITIONS ENCOUNTERED BY CONTRACTOR DURING THE PROGRESS OF
ANY PORTION OF THE PROPOSED WORK. IF. IN THE SOLE OPINION OF FRICO PROPOSED
ALTERATIONS TO THE APPROVED CONSTRUCTION PLANS INVOLVES SIGNIFICANT CHANGES TO
THE CHARACTER OF THE WORK. OR TO THE FUTURE CONTIGUOUS PUBLIC OR PRIVATE
IMPROVEMENTS. ENGINEER SHALL BE RESPONSIBLE FOR SUBMITTING REVISED PLANS TO
FRICO FOR REVIEW ANO APPROVAL. PRIOR TO ANY FURTHER CONSTRUCTION RELATED TO
THAT PORTION OF THE WORK
12 GROUNDWATER ENCOUNTED DURING CONSTRUCTION SHALL NOT BE RELEASED TO FRICO'S
CANAL OR OTHER FACILITIES WITHOUT WRITTEN APPROVAL FROM THE FRICO GENERAL
MANAGER
13. ALL CONCRETE USED FOR THE PROJECT SHALL CONFORM TO ACT 350. THE CONTRACTOR
SHALL SUPPLY FRICO WITH SHOP DRAWINGS AND SPECIFICATIONS FOR ALL PRE -FABRICATED
CONCRETE STRUCTURES TO INSURE CONFORMANCE TO ACI 350
14 WHERE THE EXISTING SIDES OR BOTTOM Of THE CANAL ARE DISTURBED AND ARE TO BE
REPLACED, THE TOP TWO FEET OF BACKFILL MATERIAL SHALL BE CLAY CONTAINING AT LEAST
40 PERCENT BY DRY WEIGHT PASSING THE /200 SIEVE (FINES) AND A PLASTICITY INDEX OF
15 OR GREATER AS AN ALTERNATIVE. THE EXISTING MATERIAL CAN BE MIXED WITH TWO
PERCENT POWDERED DRY BENTONITE (BY DRY WEIGHT) PROVIDED THE EXISTING SOILS
CONTAIN AT LEAST 25 PERCENT FINES. THE MATERIALS UPON COMPACTION SHALL HAVE A
PERMEABILITY LESS THAN DR EQUAL TO 1X10 -6 CM/SEC AS DETERMINED BY ASTM D 5084
IS THE CHANNEL CLAY LINING SHALL BE COMPACTED TO 90R OF THE MODIFIED PROCTOR
(ASTM 01557) AND WITHIN -21I TO +22 OF THE OPTIMUM MOISTURE CONTENT FILL
SHALL BE PLACED IN THIN LIFTS WITH MAXIMUM LOOSE LIFT THICKNESS OF 12 INCHES
PLACEMENT ON DITCH SLOPES MAY REQUIRE OVERBUILDING AND CUTTING BACK TO OBTAIN
THE REQUIRED COMPACTION
16 ALL PROPOSED MATERIAL TYPES TO BE USED AS BEDDING. CLAY LINING AND BACKFILL
SHALL BE SUBMITTED TO FRICO FOR APPROVAL PRIOR TO PLACEMENT
17 MATERIALS GRAIN SIZE ANALYSIS (ASTM D422), ATTERBERG LIMITS (ASTM 04318), AND
MOISTURE -DENSITY RELATIONSHIP TESTS (ASTM 01557) SHALL BE COMPLETED, AS A
MINIMUM, ON EACH SOIL TYPE OR AT A RATE OF 300 Cr OF MATERIAL PLACED. WHICHEVER
IS GREATER.
18. COMPACTION OF BEDDING, CLAY LINING AND ALL TYPES OF BACKFILL SHALL BE TESTED AT
A RATE OF AT LEAST FOUR TESTS PER 1,000 SQUARE FEET OF FILL MATERIAL PER THIS
FREQUENCY MAY BE ALTERED BY THE ENGINEER OR FRICO REPRESENTATIVE DEPENDING ON
THE PROJECT. THE METHODS BY WHICH THE CONTRACTOR IS USING TO OBTAIN COMPACTION.
OR IF CIRCUMSTANCES WARRANT ADDITIONAL TESTING THE TESTING SHALL BE AT VARIOUS
DEPTHS AND LOCATIONS THE ENGINEER OR AN OWNERS REPRESENTATIVE RESERVES THE
RIGHT TO REQUEST ADDITIONAL TESTS AND DETERMINE THE LOCATION OF TESTING THE
TESTING MAY BE COMPLETED EITHER BY SAND CONE DENSITY TEST (ASTM D1556) OR BY
THE NUCLEAR GAUGE (ASTM D6938) METHODS TEST RESULTS SHALL BE SUBMITTED TO
FRICOS REPRESENTATIVE WITHIN 24 HOURS OF THE TEST OR ON THE NEXT WORKING DAY
19 ON STEEP SIDE SLOPES. FILL MATERIALS. WHETHER CLAY LINING OR SUBGRADE SOILS, MAY
BE REQUIRED TO BE PLACED IN HORIZONTAL LIFTS ALONG THE SLOPE TO ACHIEVE THE
REQUIRED COMPACTION. THIS METHOD WILL CREATE AN OVERBUILT SECTION THAT WILL BE
CUT BACK TO FORM THE DESIGN SLOPE
20 CONTRACTOR SHALL MAINTAIN SILT FENCE AND OTHER EROSION AND SEDIMENT CONTROL
BMPS ON A DAILY BASIS. AND SHALL PREVENT DEBRIS FROM ENTERING INTO THE CANAL
THE CONTRACTOR WILL BE RESPONSIBLE FOR DAILY CLEANING OF DEBRIS THAT ENTERS THE
CANAL, IF BMPS FAIL
21 UNLESS ANOTHER SPECIFIC MAINTENANCE AGREEMENT IS IN PLACE. CONTRACTOR SHALL BE
RESPONSIBLE FOR THE PROPER FUNCTIONING OF FACILITY IMPROVEMENTS FOR A MINIMUM
OF TWO YEARS FROM THE DATE OF SUBSTANTIAL COMPLETION / CONSTRUCTION
ACCEPTANCE OF THE IMPROVEMENTS BY FRICO ANY FAILURE DURING THIS PERIOD OF
GUARANTEE SHALL BE REMEDIED BY CONTRACTOR TO THE SATISFACTION OF FRICO AT
CONTRACTOR'S EXPENSE
22 AS -BUILT DOCUMENTS ARE TO BE SUPPLIED TO FRICO PRIOR TO SUBSTANTIAL COMPLETION
/ CONSTRUCTION ACCEPTANCE OF THE IMPROVEMENTS RECORD DOCUMENTS SHALL BE
SUBMITTED ELECTRONICALLY IN BOTH PDF AND AUTOCAD FORMAT PRIOR TO FRICO
ACCEPTANCE AS -BUILT DRAWINGS SHALL BE SIGNED AND STAMPED BY A REGISTERED
PROFESSIONAL ENGINEER
FRICO NOTES
r MT 5u8Mtt*t
TNORNBROUGH
SUNDSTROM
SUNDSTROM
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Job Number
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LEGEND
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NOTES:
5147
0
GV
W
PROPERTY LINE
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EASEMENT
CONTOURS
THREE -STRAND BARB WIRE
OVERHEAD ELECTRIC LINE
POWER POLE
OIL/GAS LINE VENT
OIL/GAS VALVE STRUCTURE
OIL/GAS WELL
TRANSMISSION LINE TOWER
I SURVEY PROVIDED BY AMERICAN WEST LAND SURVEYING CO A COLORADO
CORPORATION. DATED JUNE 8. 2016
2 ALL ELEVATIONS ARE BASED UPON STATIC GPS OBSERVATIONS AND ARE
REPORTED IN NAND 88 DATUM
BASIS OF BEARING:
THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 25. TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE 6TH P M.. IN WELD COUNTY, COLORADO IS ASSUMED
TO BEAR SOUTH 00'25'23" EAST AS MONUMENTED HEREON, WITH ALL
BEARINGS SHOWN HEREON RELATNE THERETO.
100 50 O 100 200
SCALE 1"-100'
ALL OfliwS4 ns SMOD) at US SLIME, PEET
MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER,
THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE,
MATERIAL. HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION
arm -
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N: 1254058.73
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E 3156090.41
ELEV-5152.92
NE COR MC 1/4, SEC 23, r 1
N. R 68 w. FOUND J/4" REBAR
MN 1 1/2" ALUMINUM GAP,
PLS 24305 IN MONUMENT BOX
LINE TABLE
NUMBER
DIRECTION
LENGTH
START
NORTHING
START
FASTING
L1
N89'40'37'(
625 86'
N.1254058.84
£.3153475.12
L2
N00' 19'231W
71 61'
N:1253990.76
£:3154101.38
L3
S89'40'37'W
105.00'
N:1253991 35
(.3154206 37
L4
NO0'20'1314
918.52'
N:1253072.85
£:3154211.77
L5
N89'39'47'E
105.22'
N:1253072.23
£:3154106.55
L6
N00'19'23"W
5.00'
N 1253067.23
1
£:3154106 58
L7
N80'56'13'W
74 35'
N:1253067.23
£:3154106.58
L9
589'55'09'W
325.78'
N:1253084.95
£:3153949.05
LII
N71'36'4114
123.98'
N.1253099.18
(.3153527.19
112
1401'28' 10"E
122.38'
14:1253416.50
(:3153492.18
113
NO1'59'01111
136.14'
14:1253864 63
63153457 58
114
S71'38'41%
148 75'
N:1253108.17
£:3153373.07
116
N89'55'09"E
324.73'
N. 1 253044.49
E:3153624.00
L18
580'56' 13'E
80 29'
N 1253039 34
£.3154027 52
L19
N00'19'2314
22 40'
N 1253004.29
£:3154106.94
L20
589'40'37'W
105.24'
N.1253004-89
£:3154212.17
L21
NOO'20'13W
62081'
N 1252384.09
£.3154215.82
L22
N89'39'4YE
74 92'
N:1252383.65
E:3154140.90
123
N00'19'23'W
316.24'
N:1252067.42
('3154142.69
124
S89'35'1314
672 89'
141252067.42
£:3154142.59
125
SO0'24'47"E
74 90'
N:1252062.57
£:3153469.81
126
N24'20'411W
1060.20'
N-1251987 67
E 3153470 35
128
N63'28'17'E
255.43'
14:1252986.77
63153131.37
CURVE TABLE
NUMBER
DELTA ANGLE
RADIUS
ARC LENGTH
CHORD DIRECTION
CHORD LENGTH
Cl
6'10'44'
782 30'
84.37'
N85'54'551W
84.33'
C2
21'31'07'
260 33'
97.77'
N81' 18'31'W
97 20'
C3
18'39'36'
171.23'
55.77'
1433'14'40"E
55.52'
C4
22'26'43'
610.56'
239.18'
N1741'31'E
237.65'
C6
14'57'02"
821 42'
214 34'
1406'00'211
213.73'
C7
11'29'51'
570.42'
114 47'
NO7'43'5614
114.27'
C9
45'51'28'
79.91'
63.95'
N20'56'421
62 26'
C10
21'16'21"
300.33'
111 68'
581'16'40'(
111.04'
C11
6'06'00'
742 30'
79.03'
S85'55'34'E
78.99'
C12
15'40'28'
37958'
10384'
N71.18'31'E
103.52'
C13
5'02'17"
171.23'
15.06'
160'57'08'E
15.05'
N:1251417.57
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ELEV.-5147.75
N-1253734 65
E-3153572 68
ELEV.-5144 00
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N-125399560
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N-1253997 93
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E-3153567.45
ELEV -5152 04
N-1253735.36
E-3153711 60
ELEV.-5144.00
N-1253699.54
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ELEV -5152.98
N-1253931.05
E-3154041.15
ELEV -5144 00
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4/--E- 3154053.73
ELEV.-5147.75
N-1253964 65
-3154040.98
ELEV.-5144.00
N-1253916 12
(-3154056.23
ELEV -5147 75
BUILDINGS AND SITE IMPROVEMENTS
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FUTURE IMPROVEMENTS
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N-1252141.61
E-3153417 17
ELEV.-5137 70
N-1252136.59
E-3153430.41
ELEV.- 5135.60
N-1252117 35
E-3153439 12
ELEV.- 5135.19
N-1252107.30
E-3153432.69
ELEV.-5137.70
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ELEV. -5137.70
N-1252208.18
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ELEV.-5137 70
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ELEV -5136.64
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E-3153959.51
ELEV.-5134.76
N-1252111.17
E-3153969 59
ELEV -5137 70
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PIPE BEDDING MATERIAL
TO CONSIST OF NATIVE
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Two CONCRETE CUTOFF WALLS PER
WELD COUNTY CRITERYL. RE:C122
FOR TYPICAL CUTOFF WALL DETAIL
REFER TO POND GRADING
DETAIL SHEET FOR
ORIENTATION OF OUTLET PIPE
DETENTION
POND
WOCV
VOLUME(CF)
CCV
ELEVATION
10-YR
(Cr)
/0- YR
ELEVATION
100-YR
(CF)
100-YR
ELEVATION
POND
LOW POINT
ELEVATION
OVERFLOW
WEIR
ELEVATION
OUTLET
PIPE
DIAMETER
TOP OF
STRUCTURE
ELEVATION
TOP OF
BERM
ELEVATION
PERFORATED PLATE
HOLE DIAMETER
INCHES
NO. OF
ROWS/COLUMNS
SOU TH /1
10,803
5135.30
26.354
5135.80
69.914
5136.70
5134.20
5136 70
18"
5135.80
5137 70
1-316°
ii
SOUTH DETENTION POND #1 OUTLET STRUCTURE
5"
f•
2' 1/" 8-
B
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STEPS SHALL BE PROVIDED AND SHALL —
BE IN ACCORDANCE WITH PASHTO M 199
(SEE COA STD OIL. NO 105)
TOP OF BERM
WEIR WITH RIPRAP
RE C122
OUTLET STRUCTURE
WARNING SIGN
RE SECTION C
ORIFICE PLATE
RE SECTION C
MIN
INv-51.34 20
2' 1 1 "
C8 • 18.75 FORMED
INTO CONCRETE
FILTER SCREEN FRAME
ATTACHED TO CHANNEL
BY INTERMITTENT WELDS.
94-• STAINLESS STEEL
ANCHOR BOLT (TYP )
••
•
•
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•.
•
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AX
CONTRACTOR SHALL INSTALL
"CLOSE MESH CRATE" OVER INLET PER COOT
STD PLAN No. M-604- 10 & 11
OUTLET STRUCTURE PLAN
NOT TO SCALE
100 YEAR -5136.70
0
FILTER SCREEN
FRAME ATTACHED
TO STEEL CHANNEL
BY INTERMITTENT
WELDS (TYP )
TOP OF STRUCTURE -10YR-5135 BO
37•
SECTION A
NOT TO SCALE
0
FILTER SCREEN 10 BE INSTALLED OUTSIDE OF INLET
FROM BOTTOM OF MICROPOOL TO 10P OF STRUCTURES
STEEL PLATE TO BE INSTALLED INSIDE OF INLET
FROM BOTTOM OF INLET TO TOP OF STRUCTURES
25"
12"
RE STEEL
PLATE DETAIL
STRUCTURE
INVERT
-5134 20
4•4'
CONCRETE PAN
• •
•
NOTES:
FINISHED GRADE TO MATCH TOP OF
WALL ELEVATIONS AND SLOPES SUCH
THAT NO CONCRETE SHALL BE VISIBLE
WITH THE EXCEPTION OF THE TOP FACL
OF WALL.
`C8.18 75 AMERICAN �7
STANDARD STRUCTURAL
STEEL CHANNEL FORMED
INTO CONCRETE WALLS.
INSTALL U.S FILTER STAINLESS STEEL WALL
SCREEN WITH f93 VEE WIRE, 0.139'
OPENING BETWEEN WIRES. TE 0.074" • 0.50".
SUPPORT RODS ON 1" CENTERS, TOTAL
SCREEN THICKNESS -0.655" WITH %"■I 0'
ANGLE, WELDED CARBON STEEL FRAME
EXTEND FILTER SCREEN OR INSERT
GALVANIZED STEEL PLATE AND TACK WELD
TO STEEL CHANNELS OVER OPENING AT THE
WATER QUALITY WSEL TO PREVENT DEBRIS
FROM ENTERING VOID SPACE
SECTION D
NOT TO SCALE
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CONTRACTOR SHALL INSTALL
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No M-604-10 & 11
3- 5'
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10-YR WSEL
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12" RCP OUTLET PIPE
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SECTION C X\
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ELEV. •5131.70
SUBGRADE, RE: GEOTECHNICAL
REPORT
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2'
STEEL PLATE DETAIL
NOT TO SCALE
SOUTH POND #2 DATA
TOP OF PLATE
513560
( 1) COLUMN OF 31' DIA HOLES
NUMBER OF ROWS: 3
GALVANIZED
STEEL PLATE
110m OF 1•t PERFORATION-
5134 20
44'• STAINLESS STEEL
ANCHOR BOLT (TYP )
17- MAX SPACING
PIPE BEDDING MATERIAL
10 CONSIST OF NATIVE
EARTHEN SOIL
REFER TO POND GRADING
DETAIL SHEET FOR
ORIENTATION OF OUTLET PIPE
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lop OF BERM
WEIR WITH RIPRAP
RE. C122
OUTLET STRUCTURE
WARNING SIGN
RE SECTION C
l'AGW//TOWATO//ZZZZ/////Z//////Z///,4//////////////////
TWO CONCRETE CUTOFF WALLS PER
WELD COUNTY CRITERIA RE C122
FOR TYPICAL CUTOFF WALL DETAIL
OE TEN TION
POND
WDCV
VOLUME(CF)
WQC V
ELEVATION
10-YR
(CF)
10-YR
ELEVATION
100-YR
(Cr)
100-YR
ELEVATION
POND
LOW POINT
ELEVATION
OVERFLOW
WEIR
ELEVATION
OUTLET
PIPE
DIAMETER
TOP OF
STRUCTURE
ELEVATION
TOP OF
BERM
ELEVATION
PERFORATED PLATE
HOLE DIAMETER
INCHES
NO. OF
ROWS/COLUMNS
SOU TH /2
1.917
5135.20
5.009
5135 60
15.333
5136.40
5134.20
5136.40
12"
5135.60
5137 70••
3i
SOUTH DETENTION POND #2 OUTLET STRUCTURE
2"
MIN
- 36-0 STAINLESS STEEL
ANCHOR BOLT (TYP )
4' 3'
2'- 11'
C8 a 18 75 FORMED
INTO CONCRETE
FILTER SCREEN FRAME
ATTACHED TO CHANNEL
BY INTERMITTENT WELDS.
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CONTRACTOR SHALL INSTALL
'CLOSE MESH GRATE' OVER INLET PER COOT
STD. PLAN No M-604-10 at 11
OUTLET STRUCTURE PLAN
NOT TO SCALE
100 YEAR -S136.40
V
TOP OF STRUCTURE- 10YR= 5135 60
0
37"
SECTION A
NOT TO SCALE
FILTER SCREEN TO BE INSTALLED OUTSIDE OF INLET
FROM BOTTOM OF 1.1ICROPOOL TO TOP OF STRUCTURES.
STEEL PLATE TO BE INSTALLED INSIDE OF INLET
FROM 801 -TOM OF INLET TO TOP OF STRUCTURES
STRUCTURE
Ls.
INVERT
-5134.20
•••4'
CONCRETE PAN
25"
12"
• .
•
NOTES:
I. FINISHED GRADE TO MATCH TOP OF
WALL ELEVATIONS AND SLOPES SUCH
THAT NO CONCRETE SHALL BE VISIBLE
WITH THE EXCEPTION OF THE TOP FACE
OF WALL
RE STEEL
PLATE DETAIL
6 %i" MIN
(TYP )
2"MIN
(TYP ) ~�
i
1 C8a 18 75 AMERICAN L%
STANDARD STRUCTURAL
STEEL CHANNEL FORMED
INTO CONCRETE WALLS
FILTER SCREEN
FRAME ATTACHED
TO STEEL CHANNEL
BY INTERMITTENT
WELDS (TYP )
l
L INSTALL US FILTER STAINLESS STEEL WALL
SCREEN WITH /93 VEE WIRE. 0.139'
OPENING BETWEEN WIRES, TE 0.074' a 0 50'
SUPPORT RODS ON I' CENTERS. TOTAL
SCREEN THICKNESS -0.655' WITH Val 0"
ANGLE. WELDED CARBON STEEL FRAME
EXTEND FILTER SCREEN OR INSERT
GALVANIZED STEEL PLATE AND TACK WELD
TO STEEL CHANNELS OVER OPENING AT THE
WATER QUALITY WSEL TO PREVENT DEBRIS
FROM ENTERING VOID SPACE
SECTION D
NOT TO SCALE
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SIB IAN
UNDISTURBED SOIL CUTOFF WALL
•
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(TYP)
TOP VIEW
N. T.5.
• USE CUT OFF WALL WHERE RUNNING
WATER EXISTS WITHIN TRENCH AND
AS REWIRED BY ENGINEER.
TYPICAL CUTOFF WALL
N T5
METAL LANDSCAPE EDGING PLACED
ON EDGE OF MAINTENANCE
ACCESS ROAD TO DELINEATE THE
EDGE OF ROAD, BOTH SIDES
NATIVE SEED, TYP
1Y ROAD BASE
(CDOT CLASS 6)
MOISTURE TREATED & COMPACTED
SUBGRADE PER GEOTECHNICAL REPORT
PONDS & LEACH FIELD MAINTENANCE ACCESS PATH
N T S
STABILIZE WITH
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SOUTH CHANNEL DETAIL
N.T.S
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N.T.S
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SOUTH POND #1 AND #2 OVERFLOW WEIR DETAIL
N.T.S
BURIED TYPE L RIPRAP
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WEIR CREST ELEVATION
EL. 'B'
OVERFLOW WEIR DETAIL
N.T.S
CREST ELEVATION -EL 'B•
CREST ELEVATION -EL "B"
TOP OF BERM
EL. "A"
Vas
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Dq•9 THICKNESS• 12'
WEIR TABLE
POND
EL ."A'
EL. -Be
W It
RIPRAP
FULL DISCHARGE
CAPACITY (c Is)
NORTH
POND
5147 75
5146.15
31'
TYPE L
32 24
SOUTH
POND 91
5137 70
5136.70
70'
TYPE L
71 98
SOUTH
POND 92
5137.70
5136.40
15'
TYPE 1
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C122
09. 2015 2 n W
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HEADC,A1(
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REMOVAL AREA
NOTES;
FES
I*/ -5145.05 /
N 1253117 90
(:3153407.25
SEE NOTE 6
.AC/GAS PIPELINE MARKER -
CONCRETE SLOPE PAVING
CONCRETE SLOPE PAVING
PLAN VIEW
SCALE 1".20'
1 ALL STORM SEWER TO BE CONSTRUCTED PER CDOT MIS STANDARDS
AND CDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION, LATEST EDITION.
2. BUILDINGS AND SITE IMPROVEMENTS SHOWN REFLECT CONCEPTUAL
LAYOUT OF FUTURE IMPROVEMENTS.
3 ALL RCP MUST BE ACI-350 COMPLIANT
4. JOINTS: WATER TIGHT JOINTS MEETING ASTM C443 STANDARD
SPECIFICATION FOR JOINTS IN CIRCULAR CONCRETE SEWER AND
CULVERT PIPE, USING RUBBER GASKETS.
5. AU. CONCRETE JOINTS IN THE INLET STRUCTURE AND MANHOLES
SHALL HAVE A HYDROPHILIC WATERSTOP TO PREVENT LEAKAGE or
WATER. THE WATERSTOP SHALL BE INSTALLED IN ACCORDANCE WITH
THE MANUFACTURER'S RECOMMENDATIONS INCLUDING THE REQUIRED
CONCRETE COVER. A WATERSTOP SHALL BE PLACED AROUND THE
ERI TER • T PIP T . H S CT
6 PIPE INVERT SHALL BE 8" BELOW DOWNSTREAM INVERT OF FLUME.
ADJUST START POINT OF PIPE TO MATCH POINT IN EXISTING DITCH
THAT IS B" BELOW DOWNSTREAM INVERT OF FLUME. THE GIVEN
NORTHING/EASIING IS ESTIMATED.
CDOT M&LS STANDARD DETAILS REFERENCED:
• M-603-2 REINFORCED CONCRETE PIPE
• M E,04 II INLET, TYPO S
• M-604-20 MANHOLES
• M-606- 13 GUARDRAIL TYPE 7 F -SHAPE BARRIER
i�
40 20 D 40
SCALE I'.40'
ALL OIMENMOttS SHOWN ARE u S SWNEr rEEI
80
MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS. THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER,
THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE,
MATERIAL, HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT Of ANY CONSTRUCTION.
5146
22' FRICO MAINTENANCE
ROAD. RE C210
213 SOLF 42" RCP
SFT MANHOLE
RIM -5152.36
INV.IN(W )- 5144.85
INV.OUT(E )- 5144.85
N:1253064.46
E 3153571.02
5, 7
CONCRETE
REINFORCED WITH
#4 O 18" B.W
12"
-1
I2 FT Ex GRAVEL 01104 ROOD
4100' PROPOSED EASEMENT
BY SEPARATE DOCUMENT
213 SOLI 42" RCP
SFT MANHOLE
RIM..S 152.90
INV 1N(W)-5144 62
TWA/ DUT(E)-3144 62
N:1253064.17
E 3153784 52
'2- (MINj
SEE PLAN wit* FOR
E. *TENTS Of CONCRETE
,LOPE PAVING ON WEST END)
TRANSITION LAST 5FT OF
CONCRETE DITCH TO MATCH
CONCRETE SLOPE PAVING
CONCRETE SLOPE PAVING
END VIEW
NTS
TRUCK CROSSING (TYP)
JERSEY BARRIER RE: COOT
Mad STANDARD M-606- 13
5 ADJUST ROAD ELEVATION
TO MAINTAIN CLEARANCE
INTERIOR HAUL ROAD
t --VARIES
7177/1//1
151, tow
BOTH SIDES OF ROAD
24' MIN.
II
5F1 MANHOLE
RIM -5153.40
INV.IN(W)=5144.39
INV OUl(E)s5144 39
N. 1253063.88
E:3153998.02
MAINTAIN ACCESS FOR
GRAVEL DITCH ROAD
160 DOLT 42' RCP
TRUCK CROSSING W/
JERSEY BARRIERS.
RE: DETAIL B
5FT MANHOLE
RIM- 5153.95
INV IN(W)-5144 21
INN OUT(E)-5144.21
N:1253038.92
(:3154156.07
1
5143
5,47
LOFT VISUAL/
NOISE BERM
I 3.1 SIDE
SLOPES
•
II
II
5/16
II I
INTE,IQR HAUL OAD
Ip0.00�F 42' RCP
FES
r RIMe5147.98
I INN IN(W)-5144.10
N:1253023 33
I E.3154254.84
1 1OFT VISUAL/ I
(e_ NOISE BERM
3:1 SIDE
SLOPES
EXIS,MCi CONCRETE
1FmICH LINING
ADJUST INVERT TO
MATCH EXISTING
LOWLINE OF DITCH.
SEE NOTE 6.
r�
_ BIILIL S�►►�4
LATERAL NO. 1
TRANSITION UST 5FT OF
CONCRETE DITCH TO MATCH
CONCRETE SLOPE PAVING
1
2FT MINIMUM
FREEBOARD
--►6"(.►-
1
CONCRETE SLOPE
PAVING. SEE END VIEW
DETAIL THIS SHEET
:4 MIN
1
42" CLASS 3
L
RCP
FLARED END SECTION
DETAIL A
FLOW BY-PASS
NTS
NOTE: FRICO MAINTENANCE ACCESS SHALL BE MAINTAINED
24 MIN
42" CLASS S RCP
L
42' CLASS 3 RCP
t
DETAIL B
TRUCK/DITCH CROSSING
N.T.S.
CONCRETE SLOPE
PAVING SEE END VIEW
DETAIL THIS SHEET
FLARED END SECTIOJ.
N
2FT M NIMUM
FREEBOARD
A
(XIS NW CONCRETE
CVICH LINING
ADJUST INVERT TO
MATCH EXISTING
FLOWLINE OF DITCH
2"r
Sii(YLlI-
LATERAL NO. 1
TRANSITION LAST SIT OF
CONCRETE DITCH TO MATCH
CONCRETE SLOPE PAVING
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0.
'Feet Numb, -
C200
r
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0
8
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N
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N
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0
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SECTION A -A
2' SHOULDER
22'
18'
SLOPE TO DRAIN
(NP)
SHAPED
INVERT
FRAME AND COVER
PAVEMENT GRADE
CONCRETE
BRICK COURSES OR
CONRETE RINGS
(3 MIN —6 MAX.)
ECCENTRIC CONE
PRECAST REINFORCED
CONCRETE MANHOLE
SECTIONS
5" MIN
SLOPE 1" PER FOOT -
FLEXIBLE SEALING COMPOUND
AND CEMENT MORTAR JOINT
3" CLEAR (1W.)
12' ROAD BASE
(COOT CLASS 6)
MOISTURE TREATED & COMPACTED
SUBGRADE PER GEOTECHNICAL REPORT
FRICO MAINTENANCE ROAD
N. 1.5
14'
12" ROAD BASE
(COOT CLASS 6)
2' SHOULDER
MOISTURE TREATED & COMPACTED
SuBGRADE PER GEOTECHNICAL REPORT
FRICO MAINTENANCE ROAD - RAMP
N TS
INVERT ELEVATIONS AS
SHOWN ON PLANS
/4 0 0 12
/4 0 0 12"
04 0 12 -
30" MIN
1/2" MORTAR FACE
r RIM ELEVATION AS SHOEN ON PLANS
GROUND ELEVATION
STEP (NP.)
SECTION B -a
30" MAX
FLEXIBLE SEALING COMPOUND
AND CEMENT MORTAR JOINTS
COAT EMBEDDED AREA
OF ALUMINUM STEPS
WITH COAL TAR PAINT
12" MIN - 16" MAK
SPACING CONSISTENT
31" WITHIN MANHOLE
12" MAX
A
/4 O 12"
/4u O if
4' - 10" _..1
r --(SQUARE)
STANDARD M AN OI F
N.T.S
GRD-C-Pv-421
UTL-C-PV-4
UTL-C-PV-44
WATER STOP GASKET
SEE DETAIL THIS SHEET
3" MIN
PVC PIPE
10" MIN
SCARIFY PIPE EMBEDDED
IN CONCRETE
Ft/?" MIN STAINLESS
STEEL CLAMP ill
f
1 1/2" MIN
WATER STOP
GASKET DETAL
STANDARD MANHOLE DETAILS
NOTES:
2.
FRAME AND COVER SHALL BE NEENAH R-1798, J MARK J-1361,
DEFTER 1197, OR EQUAL LETTERING SHALL BE "FRICO" PROVIDE A
SLOT FOR REMOVAL WITH A PICK OR SIMILAR TOOL HEAVY DUTY
CASTING MANUFACTURED TO WITHSTAND HIGHWAY TRAFFIC LOADS
H-20/HS-20 SPECIFICATIONS AND A 40.000 -LEIS PROOF LOAD PER
MSHTO M- 306
RUBBER FOR GASKETS SHALL BE NEOPRENE
RUBBER
3. FLEXIBLE SEALING COMPOUND SHALL BE K.T.
EQUAL.
4 STEPS SHALL BE PLASTIC -COVERED STEEL.
AS FOLLOWS
POLYPROPYLENE -
hi A. INDUSTRIES NO PS2-PF
H BOWEN CO. BOWCO NO 93813
OR SIMILAR SYNTHETIC
SNYDER "RAM-NEK" OR
ACCEPTABLE STEPS ARE
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SITE DETAILS
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M. THORNBROUGH
M. SUNDSTROM
M SUNDSTROM
M THORNBROUGH
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0
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Principal In Charge
Sheet Number.
C210
SITE LOCATION
W.C.R. 6
cv
u'
OC
u
s
w.CR 4
EXISTING
5147
0
GV
W
VICINITY MAP
SCALE- t'• 2000'
LEGENQ
PROPERTY LINE
RIGHT-OF-WAY LINE
EASEMENT
CONTOURS
GRADING ARROW
PAVEMENT
GRAVEL
GRASS
TRAFFIC DIRECTION
CONCRETE PAN
6' CYCLONE PRIVACY FENCE
(WITH SLATS)
6' CYCLONE FENCE
THREE -STRAND BARB WIRE
OVERHEAD ELECTRIC LINE
POWER POLE
LIGHT POLE
OIL/GAS LINE VENT
OIL/GAS VALVE STRUCTURE
OK. /CAS WELL
TRANSMISSION LINE TOWER
100 50 0 100 200
SCALE. 1'•100'
ALL DIMEw%10N$ saw ARE U S SUIWCY FEET
PROPOSED
5750-
(APPROXIMATE)
.--0-• (APPROXIMATE)
MARTIN/MARTIN ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS. THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN
PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS. HOWEVER,
THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE SIZE.
MATERIAL, HORIZONTAL AND VERTICAL LOCATION OF ALL UTILITIES
PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION
3
JO, PLAEu';E EASEATE'rt
(Dec 40 22366741
\Ai
\lc
,3. ,NWSaSSKW Lot soil -ter-so
(RTC NO ,0,543,) EcCTPlcN NO /3
C5' IRANSILSSI N LAW RK.N1-Gr-w,Y
(RFC NO 36.bM9) ezaP1a N . 2,
•
150'
FORMER UPRR R 0 ,1
GRA4£L CANAL
•
50' PIPELWE EASEMENT
(REC. NO. !666306)
RECREAPCINit STt*4C -
SOLUTIONS LAC PARCEL
/146725000027
60' ROW FOR THE
EAST BRANCH OIL THE
BULL C•4IV4L
(REC. NO. 20815J)
(OWNED Br FARMERS
RESERVOIR AND 1
IRRIGATION COMPANY)
CONCNL II.
LINED LANAI
GRAVEL DITCH -
ROAD MAX 82
FL UME
IRRIGAYSON LATERAL
MEADGTEds„
4
r
RTD PARCEL
S4NOLAND PROPERTIES LW \ /146725400061
/14672500005.9
(USR-1.341 424841f PROCESSING/ \
841CH PLANT)
DETENTION POND 12
NO BUILD OR STORAGE AREA
VOLUME -33,700 CF
RE.C 121
t
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r.
,\..• .'5.139•• . ••• :1
• • • • . • f.A .
•\ •
. . .
• •• • ••
. `. .
30' PIPELINE
EASEMENT
RETENTION POND
NO BUILD OR
STORAGE AREA
VOLUME •273.2000F
FOUIPAlE
STORAG\
a
PERMANE NI RIPRAP
MAINTENANCE
R
SHOP
'20'485
(MORN CR
00.E
154
5,53
5152
5151
/5p
149
5146
• • • . • • ••' 5152• •43 •la c6.M•IA'NL[NANCE. •
.. 'GWR6T IP AtIE• .
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. . S1 . . . . . . . .
eggsl;
R%Er
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145 '-_ ^0.•.0-1P-
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•:.....• .•.
• '•
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•.'.• AC .•• • '505
PERMANENT RIPRAP
•• R150' SETBACK
. • FROM WELLHEAD•
PERMANENT RIPRAP K/RKNEYER
PARCEL /146725000052
Ion VISUAL/
NOISE BERM
PROPOSED GRADE
r5.1
� ,pFT
5147 1(XISTlNC
GRADE
5145
145
/4?
5141
5140
5,39
137—
LOFT VISUAL/
NOISE BERM
LOFT VISUAL/
NOISE BERM
VISUAL/NOISE BERM
TYPICAL DETAIL
NTS.
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eftliatits
A
—CF -F
tannetell
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III =IIIII=111111=
111111=111111=11f1
LEGEND
SILT FENCE(11)
VEHICLE TRACKING
CONTROL
INLET PROTECTION
OUTLET PROTECTION
CULVERT INLET
PROTECTION
STABILIZED STAGING AREA SSA
CONCRETE WASHOUT AREA
CONSTRUCTION
FENCE
ROCK SOCK
SEDIMENT CONTROL LOG
PERMANENT SEEDING CR)
SURFACE ROUGHENING SR
STOCKPILE PROTECTION SP
1011 VISUAL /
NOISE BERM
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EROSION & SEDIMENT CTRL PLAN
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3
M. SUNOSTROM
THORNBROUG
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Sheet Number
C300
Silt Fence (SF) SC -I
3—• -•
$ILI FENCC
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614:1 nth ac1.'ID 'ahi Ot:
M raYtto. 111:.0. 00 Maar
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SI 1
Concrete Washout Area (CMS A)
.A M.N•rl**air i
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11.444 arli•.4p•w das41 •Ma MOO *Ulan Sit anal t1M 1aA4 •0i4yp41 S•ML4
w veto
l (.711'1:1 Ma14a yap nt rust. line • ask". MM' AS M%CL PO.la
3V'AC/tOP L14I M ttn 'IM! sc• ILK4 MLSI'. WIN, rx:. ,; t•11 •4 01•04
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;trop 1.4 VIP(
a Al nil IJ'14 G • IJ. V al 'Oct nC✓h: A COMI'J.w lM bill gal 1/t111
Paid atert•str .t it 1./' Chita* 10 Gall • 'J 1110.1 • RS '1 ..u.Y
(Male aCA7)a ;LA4 I: Ps C<Ma" hRa.4 At or StlraCY,.; •4AGth It, cilr
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40.1111 (A4) .tslt) eta /.-01115I lamU1A.0 • •Cloy rat CM)(1 VelACI
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7wD.al% +S 010/44411.1• a•
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1.140 MID VaA''MD M ClItair1 s:410.'10 .. AMftYt11 P. rt'Ck tentaCtfl1
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COMM! 6M toC.V talliteltY4 Al '!' mat 1W TM UIG?D It 4910 WEN
nclt tiCtt •N i.ctt
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Stabilized Staging Area (SSA)
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t JtVK'EJ a.ah'v.a( - SECTION A
T
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VIC - 1 AGGREGATE VEIiICLE TRACKING CONT$UL
N.•vcriect 21110
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4111104.1.
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ID UM. A(*LOaAV
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iLVA:.l. i'ACAMa MIN •iWALLAYa1 IV.',L.
'AI mass Me MP
-t4KATOp Of 51.104 0.'-641•
- 4A'Wc•.M W' AiA.i1 LOOMIS Ni. .sit V •154015 .IMA ►.1•' r•'c...
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4 Ili S'APatztt ST'A:N: MIA Vet_ Cr4.Ost OF a WARN 1' MC4 :4(.i4AM
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alit Inlet et IN AMMO M•a'.me arms
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November 2010
l itian Ihaltwgc and Flood Ctmuol District
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Stockpile Management (SP)
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STOCKPILE PROTECTION PLAN
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— INSTALLATION RE A4REMENIS!
111
SECTION A
5P 1. STOCKPILE PROTECTION
6NCFPILL (WIEL-TIM* Itl`ATdtt.TCN -NOTES
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L.N.ATION OF STIAFPtLi
-TM.' C]%IOWAN'' MeltFC'NN
) talk( PLflIOCP CONTROLS n * COROM.CE WITn He RESPECT -AC Mtn DETAILS
So.r FEND 15 SF(OHn1 N tit SfOOOTtL PROTtCRON ()ETNA FOREYOE• 01)0 I ES Or
MtgICI,:N CCWIKt&S NUtJOING SMEAR' CONTROL LOus (S NOCK SOtOIS MAT (FL
wear m row c4erotest*a CGfwntlbtwwl % ma KtrRhRNNG 14 APPRCY'R.Arf
TOE OF PERIMETER CONTROL FOR A SIOCHA U *CUM WIENER TNt ST0.>OI;LE tS
LOCATED ON A PERNACUS OR APEPMOUS SIJRTN E. tNC RELAftt CACAOS et MHL
AcAwrTER CC•tJTWCL win STOCHPhE_ T11E AEMITY OF THE PFAMM" : CMRot TO conTA'
ME SIOF0Pn. RITHOUT IAk1NG A Tp; BOO THAT MAMMA Mid TiC moat' SWTS
ON SLUMPS SCAMS! FM PERIMETER. ARD ONO fACtORS
S 51AMnt THE S1oOotL SURFACE Mtn SUMACS- ROuJGnOSC. raAEPOHM. SEEDIHC AND
cOMNG. MUST L'(R.INcE OLIMNtT5. {RI SOCK NNtotat S^.ILS SrOUtPRa FOR A$
EMENDED PtiICC (NPRAnt Irw MOW 11014 60 OATS! SiWhYD W SEET1E0 AIlo wUII'Nif.•
MIN A tR'WIORAMT %RATS CGVER OK" THE S10CNgj IS PLACED (hWC.KtT 1011104 14
DAYS). USE Of MULCH oft.. OR A SOt SNEER LS ACCEITTAW.E N' THE SfOCIIPLL Nil et
S PLACL rote A welt (ARA D HNC PER100 CTMCALLT 30-60 HATS!
• TOR IEAMoNAP1 SItICS.Pu CS t)N TH1: NCrA1CM onariO'I of A CONmettriCN SETT ME M
0TTO OORTORA4ENt CONTROLS. NCL,JONG PERIMETER t:ONTIICt. AM N PEKE STW.ATNtU
J'fAMt11.R CONIWOt5 MAY Toe IC RMOUTTEM
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SEE FLAN PEN FOR.
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•ONECASTE0 RAIN MN(
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(*iAY M TM COIP%TNUCTION SEGWMY SURFACE MA7(Aai1taNti 1\ 'AIr REgtaNFO.
reslutento SUMACrs RWJ. 4C 0044.4141) USK. 600M.4 OR Run: r(AJRNJrnr ON
IM u$4rOtrsg UN WOUND UP MD DOWN A SLOPE RUNG (UUa.IRNI TREADS,
S A IA4/N0 NO 'ROIL MOT (It uSED FC1R strere.x PO(JCa4TRNC.
:MIRY RJLIGtk'l6Alti WS:IILNA CL. NOES
;SWEET OUP. EACH NORWAY, NC MANIAS 1MW N FYFECRVE WRNAING CONOMON
MA OLFLN.CE LK isa'• MiGiuU) Ot PROAcINt, Nu; RIACIA.. iNSF"ECI sn 4 500* AS
POSSIBLE CATO A:WAVS VANN 24 NDURSi rOItOe.i A STOta TNAr CAUSE$ SURFACE
ERCNON. AND tturZ s NEa-SsARI MNnTOVAnCE
• %REG.(NT C16SERVATIENS ACA %AR.TINAM;C ARE 'Cat -%ART TO MANTAS SON M
EFFECTIVE OPERATING CONDITION :NSPCC -IONS NC CORRE-Cttf WEASIAI(S SOLE') W
oCCuTiE .TFTI INOROt,iattT
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▪ tO P.otr-TtJR'F .:eN5S FRVSFxa AREAS. SLLGNG ANL MULCHING SHALL 'AM PLRµ
DIRECTLY NIA ANSACE ROUGHENED AREAS wMOut nRSl sueon oc Our THE SLAV ALL
6 To AREAS NOT WOW Al1O ucLCHLO MIER SWfACE FIOUUNENING.
SURFACES SHALL R
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cOLL MANE JUInSUA.IICSS INN LIMP OeTNt% THAT nit! ATOM uO'ct STAMONr) UItAAS
:,CHSULT Min LOCAL JUR'DCTUtd AS TO 'MUCK OCTAL SHOULD DE AO 'HRH
OIFFINESCES ARE NOTED
SR -4
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Urban @ajn.i oil Flood Control District November 2010
Urban Sionn I)ratruge ( menu Manual VUIWm.? 3
Stockpile Management (SM)
soy —vim aware TIM w ITNAWA ;t
1. +(SPEC' UNTi LACt 1NcWAAt. Any nk ..AN fists( N EfIECOAE LVENAItte. COhLinON
MNNTEMNCE tN SAN SNAULD OE rite... -ME. HOT REACTRE *ASPECT @LA", AS SOON AS
r ossat (No ALWA"S yams 24 HOURS) mama: 1 STORM THAT ca.sStS Su1SAtt
iNOSTON ANC REEFER% nEaSSART uAITEMJ WI
2 F'REQLIM 0OSCY..ATIONS AN(1 MAINTENANCE AN1 COMM. I4 'mARiTAS4 wtt N
E/-AEGIIVI Cetitittl.G cGbltoft NSNRCtlOoS MOO COMIECD* M(AsIskli Sn014D Nt
DOOR. NIT .TJ tHORO.1CntY
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1x411. mop JVR'S).C11Ci1S HAVE WEN TA:INLS DINE .ARP tRu4H vlfiCD SINt)41V (R.TNta
CONSULT MTI LOCO. JIJR4CACIIDNS AS TO WHICH OCTAL HOU(L SE tACt' NCH
DIFFER1,CES ARE NOTED
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Ditch Purchase and Relocation Agreement
EXHIBIT D
APPROVED SURVEY STANDARDS
TABLE A
OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS
These specifications are excerpted from the 2016 American Land Title Association and National Society of Professional
Surveyors Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys ("MINIMUM SURVFY STANDARDS')
References to "Sections" herein are to the text of the Minimum Survey Standards to which Table A is attached
NOTE The twenty (20) items of Table A may be negotiated between the surveyor and client
Any additional items negotiated between the surveyor and client shall be identified as 21(a),
21(b), etc and explained pursuant to Section 6 D ii (g) Notwithstanding Table A Items 5 and 11,
if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such
services should be negotiated under Table A, Item 21
If checked, the following optional items are to be included in the ALTA/NSPS LAND
TITLE SURVEY, except as otherwise qualified (see note above):
1 ✓ Monuments placed (or a reference monument or witness to the corner) at all
major corners of the boundary of the property, unless already marked or
referenced by existing monuments or witnesses in close proximity to the corner
2 Address(es) of the surveyed property if disclosed in documents provided to or
obtained by the surveyor, or observed while conducting the fieldwork
3 ✓ Flood zone classification (with proper annotation based on federal Flood
Insurance Rate Maps or the state or local equivalent) depicted by scaled map
location and graphic plotting only
4 ✓ Gross land area (and other areas if specified by the client)
5 ✓ Vertical relief with the source of information (e g , ground survey, aerial map),
contour interval, datum, and originating benchmark identified
6
7
(a) If set forth in a zoning report or letter provided to the surveyor by the client,
list the current zoning classification, setback requirements, the height and floor
space area restrictions, and parking requirements Identify the date and source of
the report or letter
(b) If the zoning setback requirements are set forth in a zoning report or letter
provided to the surveyor by the client, and if those requirements do not require
an interpretation by the surveyor, graphically depict the building setback
requirements Identify the date and source of the report or letter
(a) Exterior dimensions of all buildings at ground level
(b) Square footage of
D-1
Ditch Purchase and Relocation Agreement
(1) exterior footprint of all buildings at ground level
(2) other areas as specified by the client
(c) Measured height of all buildings above grade at a location specified by the
client If no location is specified, the point of measurement shall be identified
8
9
10
Substantial features observed in the process of conducting the fieldwork (in
addition to the improvements and features required pursuant to Section 5 above)
(e g, parking lots, billboards, signs, swimming pools, landscaped areas,
substantial areas of refuse)
Number and type (e g, disabled, motorcycle, regular and other marked
specialized types) of clearly identifiable parking spaces on surface parking areas,
lots and in parking structures Striping of clearly identifiable parking spaces on
surface parking areas and lots
(a) As designated by the client, a determination of the relationship and location
of certain division or party walls with respect to adjoining properties (client to
obtain necessary permissions)
(b) As designated by the client, a determination of whether certain walls are
plumb (client to obtain necessary permissions)
D-2
Ditch Purchase and Relocation Agreement
11 ✓ Location of utilities existing on or serving the surveyed property as determined
by
• observed evidence collected pursuant to Section 5 E iv
• evidence from plans requested by the surveyor and obtained from utility
companies, or provided by client (with reference as to the sources of
information), and
• markings requested by the surveyor pursuant to an 811 utility locate or similar
request
Representative examples of such utilities include, but are not limited to
• Manholes, catch basins, valve vaults and other surface indications of
subterranean uses,
• Wires and cables (including their function, if readily identifiable) crossing the
surveyed property, and all poles on or within ten feet of the surveyed property
Without expressing a legal opinion as to the ownership or nature of the
potential encroachment, the dimensions of all encroaching utility pole
crossmembers or overhangs, and
• Utility company installations on the surveyed property
Note to the client, insurer, and lender - With regard to Table A, item 11, source
information from plans and markings will be combined with observed evidence
of utilities pursuant to Section 5 E iv to develop a view of the underground
utilities However, lacking excavation, the exact location of underground
features cannot be accurately, completely, and reliably depicted In addition, in
some jurisdictions, 811 or other similar utility locate requests from surveyors
may be ignored or result in an incomplete response, in which case the surveyor
shall note on the plat or map how this affected the surveyor's assessment of the
location of the utilities Where additional or more detailed information is
required, the client is advised that excavation and/or a private utility locate
request may be necessary
12 As specified by the client, Governmental Agency survey -related requirements
(e g , HUD surveys, surveys for leases on Bureau of Land Management managed
lands)
13 Names of adjoining owners according to current tax records If more than one
owner, identify the first owner's name listed in the tax records followed by "et
al"
14 As specified by the client, distance to the nearest intersecting street
D-3
Ditch Purchase and Relocation Agreement
15 Rectified orthophotography, photogrammetric mapping, remote sensing,
airborne/mobile laser scanning and other similar products, tools or technologies
as the basis for the showing the location of certain features (excluding
boundaries) where ground measurements are not otherwise necessary to locate
those features to an appropriate and acceptable accuracy relative to a nearby
boundary The surveyor shall (a) discuss the ramifications of such
methodologies (e g, the potential precision and completeness of the data
gathered thereby) with the insurer, lender, and client prior to the performance of
the survey, and (b) place a note on the face of the survey explaining the source,
date, precision, and other relevant qualifications of any such data
16 ✓ Evidence of recent earth moving work, building construction, or building
additions observed in the process of conducting the fieldwork
17 ✓ Proposed changes in street right of way lines, if such information is made
available to the surveyor by the controlling jurisdiction Evidence of recent street
or sidewalk construction or repairs observed in the process of conducting the
fieldwork
18
19
20
If there has been a field delineation of wetlands conducted by a qualified
specialist hired by the client, the surveyor shall locate any delineation markers
observed in the process of conducting the fieldwork and show them on the face
of the plat or map If no markers were observed, the surveyor shall so state
Include any plottable offsite (i e , appurtenant) easements or servitudes disclosed
in documents provided to or obtained by the surveyor as a part of the survey
pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to
obtain necessary permissions)
Professional Liability Insurance policy obtained by the surveyor in the minimum
amount of $ to be in effect throughout the contract
term Certificate of Insurance to be furnished upon request, but this item shall
not be addressed on the face of the plat or map
D-4
Ditch Purchase and Relocation Agreement
EXHIBIT D
ALT NSPS LAN
TIITLE S
VEY
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P M,
County of Weld, State of Colorado
PROPERTY DESCRIPTION.
AS DESCRIBED IN LAND TITLE GUARANTEE COMPANY'S TITLE COMMITMENT DATED OCTOBER 17, 2016,
ORDER NO FC25140236-5THE N THE NE 5 //
AND ALL THAT2 F PART OF THE END/2HOFN THE NWF1/44EOF 1 SECTION 25, NLYING4EAST OFOF CTHE NRIGHT
OF WAY OF THE UNION PACIFIC RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY OF THE
BULL CANAL, ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P M , COUNTY OF WELD,
STATE OF COLORADO
EXCEPTING THEREFROM A STRIP OF LAND AS CONVEYED TO THE FARMERS RESERVOIR AND
IRRIGATION COMPANY BY DEED RECORDED IN BOOK 406, PAGE 293, WELD COUNTY RECORDS,
COUNTY OF WELD, STATE OF COLORADO
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO 2833396, WELD COUNTY PUBLJC
RECORDS, LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE
6TH P M , COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
NE1/4 OF SECTION 25 BEARS NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST AND MONUMENTED
AS FOLLOWS THE EAST QUARTER CORNER OF WHICH BEING A 3 25" ALUM CAP, LS 27269, THE
NORTHEAST OF WHICH IS BEING A 2 5" ALUM CAP, LS 24305 COMMENCING AT SAID EAST QUARTER
CORNER OF SECTION 25, THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG SAID
EAST LINE OF THEALTA COMMITMENT NE1/4 OF SECTION 25 A DISTANCE OF 1017 12 FEET, THENCE
SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST A DISTANCE OF 30 00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING, THENCE
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES
58 SECONDS WEST A DISTANCE OF 93 01 FEET, HAVING A RADIUS OF 2930 00 FEET, A CENTRAL ANGLE
OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 93 01 FEET, THENCE NORTH 02
DEGREES 14 MINUTES 32 SECONDS WEST A DISTANCE OF 1165 00 FEET. THENCE ALONG THE ARC OF
A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS
WEST A DISTANCE OF 97 45 FEET, HAVING A RADIUS OF 3070 00 FEET, A CENTRAL ANGLE OF 01 DEGREES
49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 97 46 FEET TO A POINT 40 FEET WESTERLY AND
PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, THENCE NORTH
00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING
PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 254 11 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6, THENCE NORTH 89 DEGREES 40 MINUTES
41 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40 00 FEET TO A POINT
ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, THENCE SOUTH 00 DEGREES 25
MINUTES 24 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1608 89 FEET
TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO.
D-5
Ditch Purchase and Relocation Agreement
EXHIBIT D
ALTA/NSPS LAND TITLE SURVEY
Port of the North 1/2 of Section 25,
Township 1 North, Range 673 West of the 6th P M
County of Wela, State of Colorado
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Ditch Purchase and Relocation Agreement
EXHIBIT E
FRICO EASEMENT
EASEMENT AGREEMENT
This Easement Agreement ("AGREEMENT") is made and entered into as of the day of
, 20 ("EFFECTIVE DATE"), by and between HUNT BROTHERS
PROPERTIES, INC , a Colorado Corporation ("GRANTOR") as grantor, and THE FARMERS
RESERVOIR AND IRRIGATION COMPANY, a Colorado mutual ditch company ("FRICO"),
as Grantee
RECITALS
This Agreement is made with respect to the following facts
A Grantor is the owner of certain real property located in the County of Weld,
Colorado, as more particularly descnbed on Exhibit 1 attached and incorporated by this
reference ("PROPERTY")
B In furtherance of Grantor's development of the Property, Grantor and FRICO
previously entered into a Ditch Purchase and Relocation Agreement dated as of ,
20 ("RELOCATION AGREEMENT"), pursuant to which FRICO agreed to the relocation of a
portion of FRICO's irrigation ditch and right-of-way known as the Lateral 1 of the Bull Canal
("CANAL") through the Property in the location legally described on Exhibit 2 attached and
incorporated by this reference ("EASEMENT AREA")
C Grantor has relocated, or caused the relocation of, the Canal to the Easement Area
by the installation of certain ditch improvements within the Easement Area, (such improvements
within the Easement Area and all appurtenances thereto, hereinafter referred to collectively as
the "RELOCATED CANAL IMPROVEMENTS"), and FRICO has approved the same
D As contemplated by the Relocation Agreement, FRICO requires that Grantor
grant to FRICO, and Grantor desires to grant to FRICO, the Easement (as defined in Section 1)
in, through, over, under and across the Easement Area, subject to the terms and conditions set
forth in this Agreement
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals set forth above, all of which are
fully incorporated and made an integral part of this Agreement, the mutual covenants and
agreements contained herein and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor and FRICO (each a "PARTY" and collectively, the
"PARTIES") agree as follows
1 Grant of Easement Grantor hereby grants to FRICO a permanent non-exclusive
easement in, through, over, under, and across the Easement Area ("EAsEmENT") for the purposes
E-1
Ditch Purchase and Relocation Agreement
of conveying water flows through the Relocated Canal Improvements within the Easement Area,
and for the re -construction, installation, re -installation, operation, maintenance, repair, removal,
and replacement of the Relocated Canal Improvements The Easement also includes FRICO's
right of access to and egress from the Easement Area by vehicle over those roadways depicted on
Exhibit 3 attached hereto and incorporated by this reference, provided that such access and
egress may be subject to reasonable security measures including the use of locked gates (with
keys or passcodes, as appropriate, accessible to FRICO upon request) or by manned guard as
designated by Grantor If and to the extent that Grantor elects to relocate the initial vehicular
access route set forth on Exhibit 3, Grantor shall provide a comparable alternative route
reasonably approved by FRICO for such vehicular access
2 Grantor's Reserved Rights
(a) Grantor shall have the right to the use and enjoyment of the Easement
Area so long as such use is not inconsistent with and does not interfere with the Easement
("GRANTOR'S RESERVED RIGHTS"), provided, however, that Grantor shall not, without
FRICO's prior written consent
(i) Dig, excavate, or grade any portion of the Easement Area,
(ii) Use any portion of the Easement Area or Relocated Canal
Improvements as a stormwater conveyance or stormwater management facility,
(iii) Install landscaping other than groundcovers or landscaping that is
approved pursuant to subsection (c), below, on any portion of the Easement Area,
(iv) Construct any permanent improvements (including pavement),
buildings, or structures upon the Easement Area ("GRANTOR IIVTROVEMENTS"),
including but not limited to FRICO-approved modifications to the Relocated
Canal Improvements (such modifications, if permitted by FRICO, shall be
included within the definition of the phrase "Relocated Canal Improvements"), or
(v) Grant easements, licenses or other interests in the Easement Area
to third parties To the extent Grantor desires to grant any rights to a third party
for the installation of infrastructure that passes over, under or through the
Easement Area, FRICO will require a separate agreement between FRICO and
such third -party establishing the terms and conditions of such installation as
relates to the Easement Area, and such agreement shall be subject to FRICO's
customary engineering and legal review procedures, including payment of
crossing and review fees
(b) FRICO's written consent shall be granted or withheld in FRICO's sole
discretion All proposed Grantor Improvements or landscaping within the easement shall
conform to the then -current FRICO design criteria and shall be subject to FRICO's
customary engineering and legal review procedures, including payment of fees
(c) FRICO approves those Grantor Improvements and landscaping within the
Easement Area that are specified in EXHIBIT 4 attached and incorporated by this
E-2
Ditch Purchase and Relocation Agreement
reference Future modifications of said Grantor Improvements and Landscaping are
subject to FRICO's written approval, which shall be subject to then -current FRICO
design and construction standards and review procedures, including review fees
3 Subjacent and Lateral Support Grantor shall not take any action that would
impair the lateral or subjacent support for the Relocated Canal Improvements or otherwise create
an unsafe condition on or about the Easement Area
4 Grantor Maintenance Responsibility
(a) Grantor shall, at its sole expense, have the permanent obligation and the
financial responsibility to maintain, repair, and when determined appropriate in FRICO's
reasonable discretion, replace the Relocated Canal Improvements, provided, however,
Grantor shall have no obligation or responsibility to repair any damage to the Relocated
Canal Improvements to the extent caused by FRICO or its contractors or agents
(b) FRICO may conduct an annual inspection of the Relocated Canal
Improvements using an independent registered engineer retained by FRICO
("ENGINEER"), whose reasonable documented fee shall be paid by Grantor Such annual
inspection shall occur within ten (10) days after water delivery ceases for the applicable
calendar year, weather permitting, unless an alternative inspection time is agreed upon in
writing by FRICO and Grantor FRICO may inspect the Relocated Canal Improvements
and the Easement Area at any time at FRICO's expense
(c) If the Engineer provides written notice to FRICO and Grantor that the
Relocated Canal Improvements are in need of maintenance, repair, or replacement,
Grantor shall, at Grantor's sole cost and expense, commence such maintenance, repair or
replacement of the Relocated Canal Improvements ("GRANTOR MAINTENANCE") that is
reasonably recommended by the Engineer with reasonable specificity in a written notice
of opinion at such time as established in the notice by the Engineer, subject to weather
and other factors outside of Grantor's control, including reasonable time to bid and
procure labor and materials for such Grantor Maintenance
(d) Prior to commencement of Grantor Maintenance that involves heavy
equipment or entry into pipelines with personnel or machinery, Grantor shall give not less
than 48 hours' notice to FRICO If FRICO objects to the manner in which the Grantor
Maintenance is proposed to be carried out, the Parties will work together in good faith to
establish an alternative that is acceptable to FRICO
(e) Grantor Maintenance shall be diligently pursued to completion according
to a schedule established by FRICO, which FRICO may, in its sole discretion, coordinate
with periods during which water is not anticipated to flow through the Relocated Canal
Improvements
5 FRICO Maintenance Responsibility FRICO is not obligated to construct, re-
construct, install, re -install, operate, maintain, repair, remove, or replace the Relocated Canal
Improvements, but may do so in its sole discretion FRICO is not obligated to construct, re-
construct, install, re -install, operate, maintain, repair, remove, or replace the Grantor
E-3
Ditch Purchase and Relocation Agreement
Improvements, and FRICO's liability with respect to Grantor Improvements may be limited as
provided in Section 5(c) and Section 11
(a) Right of FRICO to Perform Work In the event that Grantor fails to timely
perform Grantor Maintenance as provided in Section 4, FRICO shall have the right to
perform such work at Grantor's expense Grantor shall reimburse FRICO for the cost of
such work as provided in Section 8
(b) Prior Notice of Work FRICO shall give Grantor courtesy notice of
FRICO's intent to commence work pursuant to Section 5(a) Such notice will be given
no later than 72 hours prior to the commencement of work, in accordance, with the
requirements of Section 13 In the event that emergency work is necessary, FRICO may
commence said work immediately, and will give Grantor notice of such work as promptly
as reasonably possible
(c) Limitation of Liability Except in the event of FRICO's gross negligence
or willful misconduct, FRICO shall not be liable for any damage to landscaping, Grantor
Improvements, or the personal property of Grantor or Grantor agents, licensees, or
invitees within the Easement Area which may occur in connection with FRICO's exercise
of its rights under this Section 5, and Grantor agrees to indemnify FRICO and hold it
harmless with respect to same
6 Manner of Work Any construction, re -construction, installation, re -installation,
maintenance, repair, removal, or replacement of the Relocated Canal Improvements undertaken
by either Party pursuant to Section 4 or Section 5 shall be accomplished and completed in a
prompt, good and workmanlike manner, free of all liens (including mechanic's liens) and
encumbrances All such activities shall be undertaken and accomplished in accordance with
FRICO design criteria, FRICO schedules, and all applicable laws, rules and regulations, and in a
manner and with such safeguards as are reasonably necessary to avoid any personal injury or
property damage in connection with such activities Soils that are excavated from the Easement
Area or otherwise disturbed by construction, maintenance, or repair shall be (as appropriate)
removed or replaced and properly compacted
7 Insurance
(a) Both parties and all contractors that either may retain to work in the
Easement Area (each party or contractor a "RESPONSIBLE PARTY"), shall maintain the
following insurance coverages (or equivalent liability protection) ("REQUIRED
INSURANCE") to cover potential liabilities related to their work within the Easement Area
(i) Workers' Compensation Insurance as required by the Labor Code
of the State of Colorado and Employer's Liability Insurance Evidence of
qualified self -insured status may be substituted
(n) Commercial General Liability Insurance with the following
minimum limits
(A) Each Occurrence $1,000,000
E-4
Ditch Purchase and Relocation Agreement
(B) Products/Completed Operations Aggregate $2,000,000
(provided that in the case of a Contract less than $250,000, the minimum
limit shall be $1,000,000)
(C) Personal and Advertising Injury $1,000,000
(D) General Aggregate $2,000,000
Each policy shall include coverage protecting against bodily injury, property
damage, and personal injury claims arising from the exposures of (1) premises -
operations, (2) products and completed operations including materials designed,
furnished and/or modified in any way by the Responsible Party, (3) independent
subcontractors, (4) contractual liability risk covering the indemnity obligations set
forth in the applicable contract, and, (5) where applicable, liability resulting from
explosion, collapse, or underground exposures
(ni) Automobile Liability Insurance with minimum combined single
limits for bodily injury and property damage of not less than one million dollars
($1,000,000) for any one occurrence This insurance will insure against bodily
injury and/or property damage arising out of the Responsible Party's operation,
maintenance, use, loading or unloading of any auto including owned, non -owned,
hired, and employee autos
(iv) Other insurance (or alternative insurance), with varying limits,
which from time to time, may be agreed to between the Grantor and FRICO, to
provide protection against insurable hazards relating to proposed work within the
Easement Area
(b) Required Insurance shall be procured and maintained with insurers that are
admitted in the State of Colorado and maintain an A M Best Financial Strength Rating of
A or higher All coverages shall be continuously maintained to cover all liability, claims,
demands, and other obligations assumed by the Responsible Party
(c) Each Responsible Party shall be required to cause any subcontractor to
procure and maintain adequate levels of insurance coverage for Workers' Compensation,
Commercial General Liability, Automobile Liability, and other coverages such as may be
required of the Responsible Party
(d) The minimum limits set out in Section 7(a), above, shall be reviewed and
adjusted upwards, if appropriate, at five-year intervals, such that (i) the limits are
consistent with standard, commercially available insurance policies, and (n) the value of
the insurance is not materially diminished due to inflation since the Effective Date of this
Agreement
8 Payment Terms All required payments by Grantor to FRICO under this
Agreement ("REQUIRED PAYMENTS") shall be made within 30 days of delivery of an invoice to
Grantor supported by commercially reasonable documentation, or in the case of court -ordered
payments, according to the substantive terms and schedule set out in the court order Late
E-5
Ditch Purchase and Relocation Agreement
payments shall be subject to interest at a rate of 10 percent per annum Grantor's failure to make
Required Payment in a timely manner, subject to the Notice and Cure period provided for in
Section 10 below, shall be considered a material default and, after such Notice and Cure Period,
shall be considered a "LATE REQUIRED PAYMENT"
9 Warranty of Title Grantor, for itself and its successors and assigns, does
covenant, grant, bargain, and agree to and with FRICO, its successors and assigns, that at the
time of the execution of this Agreement, Grantor is well seized of the Easement Area, has good
and marketable title, and has good right, full power and lawful authority to grant, bargain, sell,
and convey the Easement described in this Agreement
10 Default, Remedies In the event of default in the performance of any of the
obligations or breach of any of the representations set forth herein which the defaulting Party
does not cure within 30 days after written notice of such default from the non -defaulting Party
(or in the case of a default that would reasonably take more than 30 days to cure, if the defaulting
Party shall fail to undertake substantial action to cure such default within such 30 days after
written notice of default) (collectively, "NOTICE AND CURE PERIOD"), the non -defaulting Party
shall have all remedies that may be available to it in law or equity The Notice and Cure Period
does not apply to Grantor defaults that interfere with or imminently threaten to interfere with the
flow of water in the Relocated Canal Improvements, and such defaults shall immediately be
subject to all remedies that may be available to FRICO in law or equity, including preliminary
and permanent injunction without the necessity of bond
11 Assumption of Risk and Release Of Claims Grantor and Grantor's Responsible
Parties shall enter onto property owned or controlled by FRICO at their own risk and they further
ASSUME ALL RISKS related to the same Furthermore, Grantor and Grantor's Responsible
Parties ASSUME ALL RISKS of the inherently dangerous activity of performing construction or
maintenance work on, over, or around the Relocated Canal Improvements Except for instances
of gross negligence or willful misconduct of FRICO or its employees, agents or contractors, in
no event shall FRICO or its directors, officers, employees, agents, stockholders, successors or
assigns be liable for any damages that may occur to people (including loss of life), equipment,
materials, or any other interests of Grantor arising from Grantor Maintenance or from the use,
operation, maintenance, expansion, modification, or failure of the Relocated Canal
Improvements, including but not limited to (i) flows within the Relocated Canal Improvements
at any time, whether normal or extraordinary, (ii) FRICO's refusal to reduce or stop the flow of
water through the Relocated Canal Improvements for any or no reason, (iii) floods, flows, or
ponding due to storms or any other water discharged into the Relocated Canal Improvements,
(iv) failure or collapse of the Relocated Canal Improvements or any equipment used to restrict
water flow in the Relocated Canal Improvements for any reason (e g, failure of materials,
pressure from expansive soils, or Grantor's failure to adequately maintain the improvements), or
(v) unintended breaches of the Relocated Canal Improvements (e g , due to extraordinary flood
events, earthquake, accident, act of terrorism, etc )
12 Assignment FRICO shall have the right to assign this Agreement, or any
portion of its rights and/or obligations hereunder, to any other person or entity, provided,
however, that FRICO shall give prompt written notice of any such assignment to Grantor and
that FRICO's assignee assumes all obligations of FRICO pursuant to this Agreement in writing,
E-6
Ditch Purchase and Relocation Agreement
with a copy of same provided to Grantor; provided further, however, any failure of FRICO to
give such notice shall not affect in any manner the validity and enforceability of such
assignment. Grantor shall not have the right to assign this Agreement without FRICO's prior
consent, which may be granted or withheld in FRICO's sole discretion, provided, however that
Grantor's rights and obligations with respect to this Agreement shall run with and burden the
Property and Grantor's successors in title to the Property without FRICO's consent.
13. Notice. All notices, demands, requests or other communications to be sent by
one Party to the other hereunder or required by law shall be in writing and shall be deemed to
have been validly given or served by delivery of same in person to the applicable address, or by
courier delivery via nationally recognized overnight air courier service, or by depositing same in
the United States mail, registered or certified mail, postage prepaid, or by facsimile or e-mail
transmission, addressed as follows:
To Grantor:
With a Copy to:
To FRICO:
With a Copy to:
And a Copy to:
Hunt Brothers Properties, Inc.
10100 Dallas Street
Henderson, CO 80640
Attention:
E-mail:
The Farmers Reservoir and Irrigation Co.
80 South 27th Avenue
Brighton, CO 80601
Attn: Scott Edgar, General Manager
E-mail: scott@farmersres.com
Fax: (303) 659-6077
Fairfield and Woods, P.C.
1801 California Street, Suite 2600
Denver, Colorado 80202
Attn: Joseph Dischinger, Esq.
E-mail: jdischingerfwlaw.com
Fax: (303) 830-2400
Ecological Resource Consultants, Inc.
35715 Highway 40, Ste. D204
Evergreen, CO 80439
Attn: Troy Thompson
E-mail: troy@erccolorado.net
All notices, demands, requests or other communications shall be effective upon such personal
delivery, email delivery or facsimile delivery, if such delivery occurs prior to 5:00 p.m. mountain
time; otherwise such delivery shall be effective on the next business day; one business day after
E-7
Ditch Purchase and Relocation Agreement
being deposited with nationally recognized overnight air couner service, or three business days
after deposit in the United States mail By giving the other party hereto at least three calendar
days written notice thereof in accordance with the provisions hereof, each of the Parties shall
have the right from time to time to change its address, e-mail and facsimile information for
notice purposes
14 [DELETED]
15 Binding Effect This Agreement shall inure to the benefit of and be binding
upon the Parties and their respective successors and assigns This Agreement shall be recorded
in the real property records of the County of Weld, Colorado and upon and after such recordation
shall burden and run with title to the Property Each person or entity acquiring title to all or any
portion of the Property accepts such title subject to all obligations of Grantor hereunder, jointly
and severally, including, without limitation, the maintenance and financial obligations set out in
Section 4 and the assumption of nsk and release of claims set out in Section 11 of this
Agreement
16 No Joint Venture or Partnership Nothing contained in this Agreement shall be
construed as creating a partnership or joint venture between the Parties, or their respective
successors and assigns, and any implication to the contrary is hereby expressly disavowed It is
understood and agreed that this Agreement does not provide for the joint exercise by the Parties
of any activity, function or service, nor does it create a joint enterprise, nor does it constitute any
Party as an agent of any other Party for any purpose whatsoever
17 No Third Party Beneficiaries It is mutually agreed that enforcement of the terms
and conditions of this Agreement shall be strictly reserved to the Parties hereto, their successors
and permitted assigns, and nothing contained in this Agreement shall give or allow any claim or
right of action under this Agreement by any other or third person
18 Amendments No modification, waiver or amendment of any of the terms or
conditions of this Agreement shall be binding upon a Party unless in writing and signed by such
Party
19 Severability No provision of this Agreement shall be deemed unenforceable if it
is subject to an interpretation that would render it enforceable If a court of competent
jurisdiction finds that any provision of this Agreement is unenforceable, in whole or in part, (a)
such a finding will not disturb the validity and enforceability of the remaining provisions of this
Agreement, and (b) the court shall have the authority to modify this Agreement in order to render
it enforceable and to effect the original intent of the Parties to the fullest extent permitted by law
20 Entire Agreement This Agreement contains the entire agreement of the Parties
hereto with respect to the subject matter hereof and no prior written or oral agreement shall have
any force or effect or be binding upon the Parties hereto
21 Attorneys' Fees In the event of any controversy, claim, or dispute between the
Parties relating to the subject matter or performance of this Agreement, the prevailing Party shall
E-8
Ditch Purchase and Relocation Agreement
be entitled to recover from the non -prevailing Party all of its reasonable expenses, including
reasonable attorneys' fees
22 Section Headings Section, subsection, paragraph, and subparagraph titles or
captions contained in this Agreement are inserted only as a matter of convenience and for
reference Such titles and captions in no way define, limit, extend or describe the scope of this
Agreement nor the intent of any provision hereof
23 Counterparts This Agreement may be executed in one or more counterparts,
each of which shall constitute an original, and all of which together shall constitute one and the
same agreement
24 Governing Law The terms, covenants and provisions hereof shall be governed
by and construed under the applicable laws of the State of Colorado
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written
E-9
Ditch Purchase and Relocation Agreement
Grantor:
HUNT BROTHERS PROPERTIES, INC a
Colorado corporation
By
STATE OF
COUNTY OF
)
) ss
)
The foregoing instrument was acknowledged before me this day of
, 20 , by as of Hunt Brothers Properties, Inc, a
Colorado corporation
Witness my hand and notarial seal
My commission expires
Notary Public
E-10
Ditch Purchase and Relocation Agreement
Grantee:
THE FARMERS RESERVOIR AND
IRRIGATION COMPANY,
a Colorado mutual ditch company
By
Scott Edgar, General Manager
ATTEST
Heidi Gamer, Corporate Secretary
STATE OF COLORADO )
) ss
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this day of
, 20_, by Scott Edgar as General Manager and Heidi Gamer as Corporate
Secretary of The Farmers Reservoir and Irrigation Company, a Colorado mutual ditch company
Witness my hand and notarial seal
My commission expires
Notary Public
E-11
Ditch Purchase and Relocation Agreement
EXHIBIT 1
T
1.4a
NSPS LAND TITLE S s RVEY
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P M ,
County of Weld, State of Colorado
PROPERTY DESCRIPTION
AS DESCRIBED IN LAND TITLE GUARANTEE COMPANY'S TITLE COMMITMENT DATED OCTOBER 17, 2016,
ORDER NO FC25140236-5THE N THE NE 5 1/2
AND ALL THAT2 FPART OF THE END/2HOFN THE NWF1/4EOF SECTION 25, LYING 2 OF THE NE 4EAST OFOF CTHE NRIGHT
OF WAY OF THE UNION PACIFIC RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY OF THE
BULL CANAL, ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P M , COUNTY OF WELD,
STATE OF COLORADO
EXCEPTING THEREFROM A STRIP OF LAND AS CONVEYED TO THE FARMERS RESERVOIR AND
IRRIGATION COMPANY BY DEED RECORDED IN BOOK 406. PAGE 293, WELD COUNTY RECORDS,
COUNTY OF WELD, STATE OF COLORADO
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO 2833396, WELD COUNTY PUBLIC
RECORDS, LOCATED IN THE NE1 4 OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE
6TH P M , COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
NE1/4 OF SECTION 25 BEARS NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST AND MONUMENTED
AS FOLLOWS THE EAST QUARTER CORNER OF WHICH BEING A 3 25" ALUM CAP, LS 27269, THE
NORTHEAST OF WHICH IS BEING A 2 5" ALUM CAP, L S 24305 COMMENCING AT SAID EAST QUARTER
CORNER OF SECTION 25, THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG SAID
EAST LINE OF THEALTA COMMITMENT NE1/4 OF SECTION 25 A DISTANCE OF 1017 12 FEET, THENCE
SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST A DISTANCE OF 30 00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING, THENCE
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES
58 SECONDS WEST A DISTANCE OF 93 01 FEET, HAVING A RADIUS OF 2930 00 FEET, A CENTRAL ANGLE
OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 93 01 FEET, THENCE NORTH 02
DEGREES 14 MINUTES 32 SECONDS WEST A DISTANCE OF 1165 00 FEET, THENCE ALONG THE ARC OF
A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS
WEST A DISTANCE OF 97 45 FEET, HAVING A RADIUS OF 3070 00 FEET, A CENTRAL ANGLE OF 01 DEGREES
49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 97 46 FEET TO A POINT 40 FEET WESTERLY AND
PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, THENCE NORTH
00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING
PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 254 11 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6, THENCE NORTH 89 DEGREES 40 MINUTES
41 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40 00 FEET TO A POINT
ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, THENCE SOUTH 00 DEGREES 25
MINUTES 24 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1608 89 FEET
TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO.
E-12
Ditch Purchase and Relocation Agreement
EXHIBIT 1
ALTA/NSPS LAND TITLE SURVEY
Port of the North 1/2 of Section 25
Township 1 North, Range 68 West of the 6th P M,
County of Weld, State of Colorado
(• 24,44 642717 2171i ALI 141141%4J;
' " t 6e . rar,u a/a �e.t ,rn x x4uM,5r vaCOUNTY ROAD NO 6
,o7a I.�°. 0t4.7e15
.occrr 141e tw7-a6 ,3,• $0 t a] 's vl
.eSta 371 233101
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ice�nat ro e
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414 ,c
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Ditch Purchase and Relocation Agreement
EXHIBIT 2
i /�'
A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 25, TOWNSHIP 1 NORTH,' •-" c.;71
RANGE 68 WEST OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED /-:!:,:":4:0452.
AS FOLLOWS
CONSIDERING THE NORTH UNE OF THE NORTHEAST 1/4 OF SAID SECTION 25 TO BEAR \` "
SOUTH 89 40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, v LP `���
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25, j
THENCE SOUTH 00 38'31" WEST, A DISTANCE OF 860 56 FEET TO THE EAST RIGHT-OF-WAY
UNE OF THE EAST BRANCH OF THE BULL CANAL, AS DESCRIBED IN DEED RECORDED
DECEMBER 11, 1914 AS RECEPTION NO 208153 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING AND THE
BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 60 00 FEET AND
A CENTRAL ANGLE OF 9410'26", WHOSE CHORD BEARS SOUTH 24'33'29" EAST, A DISTANCE
OF 87 89 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
A DISTANCE OF 98 62 FEET TO A POINT LYING 24 00 FEET NORTH OF THE CENTERUNE OF
THE BULL CANAL LATERAL NO 1 AS DESCRIBE IN SAID DEED, THENCE PARALLEL WITH AND
24 00 FEET NORTHERLY FROM SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES AND
DISTANCES
THENCE SOUTH 71'38'41" EAST, A DISTANCE OF 48 65 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 256 33
AND A CENTRAL ANGLE OF 21'32'33", WHOSE CHORD BEARS SOUTH 81 18'43" EAST,
A DISTNCE OF 95 81 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 96 38 FEET,
3) THENCE NORTH 89 55'09" EAST, A DISTANCE OF 325 88 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 786 30
F AND A CENTRAL ANGLE OF 06'11 11", WHOSE CHORD BEARS SOUTH 85'54'51" EAST,
A DISTANCE OF 84 86 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 84 90 FEET,
5) THENCE SOUTH 80'56'13" EAST, A DISTANCE OF 223 12 FEET, THENCE SOUTH 09'03'47"
WEST, A DISTANCE OF 41 00 FEET TO A POINT LYING 17 00 FEET SOUTH OF THE CENTERLINE
OF SAID BULL CANAL LATERAL NO 1, THENCE PARALLEL WITH AND 17 00 FEET SOUTHERLY
FROM SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES
1F THENCE NORTH 80'56 13' WEST, A DISTANCE OF 222 44 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 745 30
ET AND A CENTRAL ANGLE OF 06'06'23", WHOSE CHORD BEARS NORTH 8555'31" WEST
A DISTANCE OF 79 39 FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE
OF 79 43 FEET,
THENCE SOUTH 89'55'09" WEST, A DISTANCE OF 324 81 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 297 33
AND A CENTRAL ANGLE OF 21'19'13", WHOSE CHORD BEARS NORTH 81 16'48" WEST,
A DISTANCE OF 110 00 FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 110 64 FEET
5) THENCE NORTH 71'38'41' WEST, A DISTANCE OF 146 31 FEET TO THE EAST RIGHT-OF-WAY
LINE OF SAID EAST BRANCH OF THE BULL CANAL AND THE BEGINNING OF A CURVE, CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 171 23 FEET AND A CENTRAL ANGLE OF 33'1308",
WHOSE CHORD BEARS NORTH 40 31 28" EAST, A DISTANCE OF 97 89 FEET, THENCE NORTHERLY
COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE AND ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 99 28 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 610 56 FEET AND A CENTRAL ANGLE OF 01'23'08", WHOSE
CHORD BEARS NORTH 23'13'18" EAST, A DISTANCE OF 14 77 FEET, THENCE NORTHERLY
COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE AND ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 14 77 FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 36,617 SQUARE FEET OR 0 841 ACRES, MORE OR LESS
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT, AS NOTED
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
JAN 3, 2018
PAGE 1 OF 2
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A ° Saumeyinga
PO Box 129, Brighton, CO 80601 "' P 303-659-1532 F 303-655-0575 • AMWESTLS COM
E-14
Ditch Purchase and Relocation Agreement
EXHIBIT 2
_ ,• , NW COR NE 1/4, SEC 25
`, _ T 1 N, R 68 W, FOUND 3/4"
. -i `i, . } REBAR WITH 2" ALUMINUM CAP,
""7.c71 f PLS 25937 IN MONUMENT BOX
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0
0
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NE COR NE 1/4, SEC, 25,
T 1 N, R 68 W, FOUND 3/4"
REBAR WITH 2 1/2" ALUMINUM
CAP, PLS 24305 IN MONUMENT
BOX
S89 40'37"W 2635 03' (BASIS OF BEARINGS)
V'"
C4
60' RIGHT-OF-WAY FOR THE
EAST BRANCH OF THE BULL
CANAL (REC NO 208153)
GRAPHIC SALE
1'..200
0
LINE
BEARING
DISTANCE
L1
S71'38'41"E
48 65'
L2
N89'55'09"E
325 88'
L3
S80'56' 13"E
223 12'
1.4
S09'03'47"W
41 00'
L5
N80'56' 13'W
222 44'
L6
S89'55'09"W
324 81'
L7
N71'38'41"W
146 31'
200
C2
L3
L5
400
40' RIGHT-OF-WAY FOR THE
BULL CANAL LATERAL NO 1
(REC NO 208153)
LINE
RADIUS
ARC
DELTA
CHORD BEARING
CHORD
C1
256 33'
96 38'
21'32'33"
S81 18'43"E
95 81'
C2
786 30'
84 90'
06'11'11"
S85'54'51 "E
84 86'
C3
745 30'
' 79 43'
06 06'23"
N85'55'31 "W
79 39'
C4
297 33'
110 64'
21 19'13"
N81 18'48"W
110 00'
C5
171 23'
99 28'
33'13'08"
N40'31'28"E
97 89'
C5
610 56
14 77'
01'23'08"
N23'13'18"E
14 77'
C5
60 00'
98 62'
94'10'26"
S24 33'29"E
87 89'
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR NFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT, AS NOTED
DRAWN BY CDH
FIELD, CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
JAN 3, 2018
PAGE 2 OF 2
PO Box 129, Brighton, CO 80601 * P 303-659-1532 F 303-855-0576 * AMWESTLS COMA
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Ditch Purchase and Relocation Agreement
Ditch Purchase and Relocation Agreement
EXHIBIT F
TEMPORARY ACCESS AND CONSTRUCTION PERMIT
(This Agreement will include an attachment that is the form of the
Temporary Access and Construction Permit that is required
in order to access FRICO property for construction purposes)
Ditch Purchase and Relocation Agreement
FARMERS RESERVOIR
AND IRRIGATION COMPANY
So S. i/" Ave. I riri;;htrrn.( O Robin I (303)6 59 /3/3
Project Owner:
Address:
City, State ZIP:
Telephone:
Email:
Engineer:
Address:
City, State ZIP:
Telephone:
Email:
CONTACT:
48 hours prior commencement
of construction
Permit No.:
Issue Date:
Start Date / Time:
End Date / Time:
Security:
Bond:
TEMPORARY ACCESS AND
CONSTRUCTION PERMIT
S
S
Contractor:
Address:
City, State ZIP:
Telephone:
Email:
Access to the FRICO Right -of -Way is limited to the locations set out in the attached EXHIBIT A.
Authorized Activities (check all applicable boxes and attach approved plans as EXHIBIT B)
Installation of Pipeline or Construction of Ditch Improvements:
Purpose: ❑ Liquid Petrochemicals
Domestic Wastewater
Concrete Lining of Ditch
Size:
Installation of Lines, Cables, Wires:
Type: ( I Communications / Data
Location:
Above Ground
U
•
Natural Gas
Industrial Wastewater
Box Culvert
Electric Power
Below Ground
Construction, Modification, or Maintenance of Transportation Infrastructure:
Type: ❑ Sidewalk. Pathway, Trail
Ownership: ❑ Public
Other (specify):
U
We require continuous access through this location during the project.
Road or Driveway
Private
•
Water
Stormwater
Other (specify)
Bridge
Estimated Travel Time of Water from Point of Diversion to Site of Authorized Activities ('Travel Time"): N/A_ hours
Temporary Access and Construction Permrt
Page 1 of 6 v. 8.9.17
F-2
Ditch Purchase and Relocation Agreement
FARMERS RESERVOIR CONTACT:
AND IRRIGATION COMPANY
80 S.27"'AN. e. I Brightou,LU 80601 I (303) 05,9 /373
u
48 hours prior commencement
of construction
TEMPORARY ACCESS AND
CONSTRUCTION PERMIT
SCOPE OF PERMIT: Project Owner, Engineer, and Contractor (collectively, "Permittee") shall have the right to access the FRICO Property / Right -of -
Way ("Right -of -Way") as provided herein for the Authorized Activities (construction, maintenance, or other activities authorized by this Permit). Use
of the Right -of -Way shall include such use as is reasonably necessary to accomplish the purposes of this Permit, which may include but shall not be
limited to surveying, inspection, soil testing, overswing, and temporary storage of construction materials. Use of the Right -of -Way is subject to the
Standard Temporary Access and Construction Permit Conditions attached hereto as EXHIBIT C, and may be subject to additional terms and conditions
which are set out in separate license or easement agreements.
DEPOSIT FOR FIELD INSPECTIONS. FRICO may require a deposit to cover the cost of tield inspections by FRICO's engineer during and upon
completion of construction. Upon completion of construction and verification by FRICO's engineer that the improvements are consistent with
approved plans, FRICO will release the balance of the deposit, if any, to Permittee. If the deposited funds are insufficient to cover the cost of
inspections, Permittee agrees to reimburse FRICO for the amount of any shortfall within 30 days of the date of an invoice from FRICO.
SECURITY Deposit. At least 20 days prior to start of construction, Permittee shall provide security in a form acceptable to FRICO for those Authorized
Activities which FRICO, in FRICO's sole discretion, determines are necessary for the protection and preservation of FRICO's facilities and the FRICO
Right -of -Way. The amount of the security shall be 1.5 times the estimated cost of construction, plus an additional $5,000 to ensure performance
with the provision entitled FRICO ACCESS TO RIGHT-OF-WAY. Security shall be in a form acceptable to FRICO. and may include, in F RICO's sole
discretion, a performance bond, an irrevocable standby letter of credit, or escrow funds. subject to such terms and conditions as may be approved by
FRICO in FRICO's sole discretion. The security may be used by FRICO to complete the project in the event of default by the Permittee, to restore the
FRICO Right -of -Way or other FRICO facilities to their original condition, to repair erosion control structures, and to pay liquidated damages as
provided herein. In no event shall the security required by this Section be less than 510,000. All funds will be reimbursed to the Permittee upon
acceptance of the certificate of completion by FRICO.
DISCLAIMER: This Permit is a temporary license from FRICO to Permrttee for access to FRICO's Right -of -Way for the purposes set out herein. Other
permits may be required from governmental agencies. Permittee is solely responsible for its compliance with applicable laws and regulations.
Acceptance of Terms and Conditions by Permittee: Permit Authorized By:
Authorized Representative of Date
Project Owner
Authorized Representative of Contractor Date
Authonzed Representative of Engineer Date
Temporary Access and Construction Permit
Authorized Representative of FRICO Date
Page2of2 v 8917
F-3
Ditch Purchase and Relocation Agreement
EXHIBIT "A"
LOCATION OF AUTHORIZED ACTIVITIES
Legal Description or Map Depiction of Right of Way and Depiction of Easement
Township , Range , Section in County, Colorado
Canal
Temporary Access and Construction Permit
EXHIBIT 'A'' v 8 917
F-4
Ditch Purchase and Relocation Agreement
EXHIBIT "B"
APPROVED PLANS
Temporary Access and Construction Permit
EXHIBIT 'V v 8917
F-5
Ditch Purchase and Relocation Agreement
EXHIBIT"C" STANDARD ACCESS AND CONSTRUCTION PERMIT CONDITIONS
GENERAL LIMITATIONS FRICO has the right to
access any and all parts of the Right -of -Way at
any time for any reason The primary use of
the Canal and Right of Way shall be and will
remain the delivery of water to FRICO s
stockholders and customers No use or
structures are permitted within the Right -of
Way that will unreasonably interfere with the
delivery of water If Permittee is authorized to
utilize equipment in the Canal bed Permittee
shall remove its equipment from the Canal bed
at the conclusion of each working day FRICO
SHALL NOT AT ANY TIME BE OBUGATED TO
MODIFY, STOP, OR REDUCE THE FLOW OR
QUALITY OF WATER IN THE CANAL OR IN ANY
OTHER WAY TO MODIFY ITS OPERATIONS FOR
THE BENEFIT OF THE PERMITTEE, EXCEPT
PURSUANT TO A FULLY EXECUTED CANAL USE
REDUCTION FORM
NOTICE PRIOR TO COMMENCEMENT OF
CONSTRUCTION, DILIGENT COMPLETION OF
IMPROVEMENTS Permittee shall provide
FRICO with no less than 48 hours' notice prior
to the commencement of construction or
Installation of structures or improvements that
are authorized by this Permit ("Permitted
Improvements') or the commencement of
maintenance activities that are authorized by
this Permit (hereinafter, "Permitted
Improvements' and Authorized Activities are
collectively referred to as "Permitted
Activities") FRICO shall retain the right to
inspect the Right of -Way before during, and
after Permitted Activities The frequency
times and dates of Inspections shall be
determined by FRICO, in its sole discretion
If Permittee fails to provide the required notice
or access Permittee agrees that in FRICO s
sole discretion (I) Permittee will promptly
uncover buried improvements or provide
another means of inspection acceptable to
FRICO at Permittee s expense, or (11) Permittee
will Immediately pay to FRICO as liquidated
damages and not as a penalty $5 000 per
Permitted Improvement that FRICO determines
cannot reasonably be inspected (for pipelines,
each individual pipeline is a Permitted
Improvement)
If FRICO determines that the Permitted
Activities are being carried out In a manner
that Is not consistent with the approved plans
then FRICO may, at FRICO's sole discretion (I)
require suspension of Permitted Activities until
such time as Permrttees deviations from the
approved plans are corrected and the
corrections are inspected and approved by
FRICO, (ii) revoke this Permit and exclude
Permrttee from the Right -of Way; or (iii) enter
upon the Right -of Way and provide for the
completion, removal, or abandonment of the
Temporary Access and Conaructlon Permit
Permitted Improvements and restoration of
the Right of Way at Permrttee s expense in
the Event that this license expires prior to
completion of the Authorized Activities, FRICO
may, in its sole discretion, (I) exclude Permittee
from the Right -of -Way, (li) enter upon the
Right -of -Way and provide for the completion,
removal, or abandonment of the Permitted
Improvements and restoration of the Right -of -
Way at Permittee s expense, or (iii) collect from
Permittee (or from Permittee's surety) $25,000
per day as liquidated damages and not as a
penalty for each day past the expiration of the
Permit that the Permittee fails to complete the
Permitted Activrtles. All Permittees shall be
Jointly and severally liable for all charges
expenses, damages, or liquidated damages
that become payable by Permittee under this
Permit
FRICO's ACCESS TO RIGHT -OF WAY FRICO has
the right to access the Right of Way at any
time and for any reason if Permittee restricts
or otherwise blocks FRICO's access to any part
of FRICO's RIght-of Way FRICO shall receive as
liquidated damages $1,003 per occurrence
FRICO and Permittee acknowledge and agree
(1) it would be extremely difficult to accurately
determine the amount of damages suffered by
FRICO as a result of Permrttee blocking or
restricting FRICO's access to FRICO's Rightof-
Way (2) $1 000 per occurrence constitutes a
fair and reasonable amount to be received by
FRICO as liquidated damages, (3) receipt by
FRICO of liquidated damages shall not
constitute a penalty or forfeiture, and (4) the
liquidated damages relate only to restrictions
of FRICO access that do not result in damages
to the Canal or that prevent FRICO from
preventing damages to the Canal (such
damages to be subject to the section of this
Exhibit entitled "DAMAGE TO CANAL OR
RIGHT -OF WAY"
USE OF CANAL FOR CONVEYANCE OF WATER
DURING PERMIT TERM Permittee is on notice
that water could be transferred through the
Canal for a variety of reasons at any time
during the Permit term Generally, if FRICO
uses the Canal during the permit term for the
delivery or movement of water FRICO will
notify Permittee by telephone or email at least
four (4) hours or the Travel Time specified on
page 1 of this Permit (whichever period is
shorter) before that water is expected to reach
the location of the Authorized Activities
Notice shall be deemed given upon the first of
(1) transmission of the first email or text
message (2) the first personal contact via
telephone between a representative of FRICO
and any Permrttee Permittee shall remove its
equipment from the Canal bed (if Permittee is
authorized to have equipment in the Canal
bed) and shall ensure that the Canal is in
suitable condition for conveying water before
the water reaches the location of the
Authorized Activities FRICO shall have no
!lability for failure to notify Permittee, nor shall
FRICO be obligated in any way to notify
Permrttee about stormwater flows or flooding
which may occur due to either natural causes
or failure of FRICO facilities
AS -BUILT' DRAWINGS OF PERMITTED
IMPROVEMENTS Permrttee will submit "as
built drawings of the Permitted
Improvements In an electronic format
approved by FRICO within 30 days after their
completion If submittal is untimely, FRICO may
cause the drawings to be completed at the
Permittee s expense
DAMAGE TO CANAL OR RIGHT OF -WAY Except
as specifically allowed by this Permit, all
portions of the Right -of Way that are disturbed
by Authorized Activities shall be restored to the
same or better condition than before the
Authorized Activities commenced In the event
that Permrttee or its employees, agents,
contractors, subcontractors, assigns, lessees,
licensees and agents (collectively with
Permrttee, "Permrttees Responsible Parties")
damage the Canal its embankments or any
other part of or improvement within the Right -
of -Way (e g, fences roads reservoirs or any
other structures) (i) Permittee shall promptly
repair such damage to FRICO s satisfaction at
no cost to FRICO and (II) Permittee shall be
liable for any additional damages that arise
therefrom PERMITTEE ACKNOWLEDGES THAT
DAMAGES MAY INCLUDE DIRECT, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LITIGATION
COSTS, AND ATTORNEYS' FEES Damages that
may result from FRICOs inability to deliver
water to its stockholders and others who are
entitled to water through FRICO s facilities at a
time when water is legally and physically
available may Include but are not limited to
the cost of acquiring and delivering a similar
quantity and quality of water if available and
lost profits due to, for example, (i) damage to
or loss of crops if replacement water cannot be
timely delivered, and (li) productivity losses at
oil and gas wells. FRICO will take commercially
reasonable steps to mitigate damages, but
cannot guarantee their effectiveness
Mitigation measures will be taken at the
Permittee s expense.
BEST MANAGEMENT PRACTICES Permittee
shall ensure that Permittees Responsible
Parties maintain a clean work site and that
appropriate best management practices are in
place and maintained during and after
construction to prevent erosion,
EXHIBIT"C' v 8917
F-6
Ditch Purchase and Relocation Agreement
sedimentation, and / or pollution of the Canal
Permittee shall not install or authorize the
installation of any structure or improvement
that would result in the diversion of any
surface flows into the Canal from any area
undergoing development Permittee's
Responsible Parties shall not dispose of any
waste materials within the Right -of Way
HAZARDOUS MATERIAL RELEASES If
Permlttee's Responsible Parties use store
dump, spill, release, or deposit Hazardous
Materials, within the Right -of Way, or if the
Permitted Improvements release or cause the
release of Hazardous Materials into the Right -
of -Way for any reason then Permittee shall
clean, remediate, cure, repair and correct any
and all related damage, in compliance with all
applicable laws, regulations or orders
("Remedial Work")
All Remedial Work shall be performed by
contractors under the supervision of a
consulting engineer, both of which shall be
approved in advance by FRICO All costs and
expenses of Remedial Work (Including without
limitation the reasonable fees and expenses of
FRICOs counsel, and costs and expenses
incurred In connection with monitoring or
review of the Remedial Work) shall be paid by
Permittee If Permittee shall fail to timely
commence or fail to diligently complete
Remedial Work FRICO may cause the Remedial
Work to be performed at Permittee's expense
(including without limitation the reasonable
fees and expenses of FRICO's counsel)
"Hazardous Materials means -my luanrdous,
explosive, radioutive, or toxic substance, m"hrial
or cash which is or becomes r oulatcd by -my
local government authority the State of Colorado,
or the United States Government including, but
not limited to, any material or substance that Is (I)
defined as a hazardous substance" "hazardous
mitered" "toxic substance," "pollutant,"
"haz,rdous waste," 'regulati.d subs tanc ," or
"solid waste" in any federal, suite or lonl law,
statute, rule, reguhtlon or ordinance pertaining to
health, industrial hygiene or the environmental or
ecologic -II conditions on, under or about the Relit
of Way, as may be -emended from time to time,
including but not limited to 42 US C § gdoi, et seq
("CERCLA"), 42 US C. § 69ot, et si.q ("RCRA"), 15
U S.C § 2001, et seq 42 U S.C § 7401 et seq" 33
USC § 1251 et seq ("Clean Water Act"), I9 U.S C
§ 5101, et seq, 42 U S C. § 6994 et seq, (d) listed in
tire U S Department of Transportation Hazardous
M ,terels Table, 49 C F R § r72 toy is may be
"mended from time to time; (iii) listed by the U S
Environment", Protection Agency ("EPA") (or -my
successor agency) as tnnrdous subst"nces, see 40
C F R § 301, et seq , as may be amended from time
to time, (iv) qualified as an "unlsted hazardous
substance" pursuant to 40 C FR § 3o2.4(b), as
may be amended from time to time; (v) asbestos,
and (vi) any petroleum product
Temporary Access and Construction Permit
STANDARD OF CARE, NO LIENS Permittee's
Responsible Parties shall complete all work In a
prompt, good and workmanlike manner free
of all liens (including mechanic's liens) and
encumbrances on the Right -of -Way
INDEMNIFICATION Permittee shall protect
indemnify, defend and hold harmless FRICO
and Its directors, officers, employees, agents
stockholders successors and assigns
(collectively "FRICO Indemnified Parties") from
and against any and all loss, injury, damage,
cost expense, and liability (Including without
limitation reasonable attorneys' fees and costs)
In any way directly or indirectly arising out of
or attributable to the Authorized Activities and
any other activities on FRICO Property by
Permittee u Responsible Parties. Further
references to indemnification herein shall in no
way limit the generality of the foregoing
Permittee shall protect, indemnify, defend, and
hold harmless FRICO Indemnified Parties from
and against any and all loss, injury, damage
cost expense and liability (Including
reasonable attorneys fees and costs) directly
or indirectly arising out of or attributable to
Permittee s actions or inactions which result in
(I) the presence release, spill, discharge, leak
disposal, or emission of any Hazardous
Materials on, under or about the FRICO
Property, or (ii) any other environmental
liability The scope of this indemnity Includes
but is not limited to (I) all consequential
damage, (II) the costs of any required or
necessary repair, remediatlon or detoxification
of the FRICO Property and water conveyed
through the FRICO Property, (iii) the
preparation and implementation of any
closure, remedial or other required plans, and
(iv) general damages set out In the section
entitled "DAMAGE TO CANAL OR RIGHT-OF-
WAY" above
The indemnities set forth in this Permit shall
survive the termination of this Permit and the
exercise of any other remedy
INSURANCE. Permittee s Responsible Parties
shall carry any and all Insurance which will
protect them, FRICO and FRICO's officers,
employees and agents from any and all claims
and demands, actions and causes of action,
damages costs loss of service expenses and
compensation including, but not limited to any
and all claims for personal injury and / or death
and property damages which may in any way
arise from or out of Permitter's Responsible
Parties' use of the Right of -Way ("Required
Insurance Policies ) Required insurance
Policies shall meet at least the minimum
standards set by FRICO Permittee agrees that
FRICO and its officers employees and agents
shall be named Insured in any and all Required
insurance Policies in that such policies shall be
primary and noncontributory, and shall
provide a waiver of subrogation
ASSUMPTION OF RISK AND RELEASE OF
CLAI 5 Permittee s Responsible Parties shall
enter onto the Right -of Way at their own risk
and they further ASSUME ALL RISKS related to
the same Furthermore, Permittee and its
contractors ASSUME ALL RISKS of the
inherently dangerous activity of performing
construction or maintenance work from within
a Canal or reservoir in no event shall FRICO or
its directors, officers, employees, agents,
stockholders successors and assigns be liable
for any damages that may occur to people
(including loss of life), equipment, matenals
Permitted Improvements or any other
interests of the Permittee related to the
Permitted Improvements (e g, interruptions of
Authorized Activities or the operation of the
Permitted Improvements) arising from the use,
operation, maintenance expansion
modification or failure of the Canal or Right -of
Way including but not limited to (i) flows
within the Canal at any time whether normal
or extraordinary; (u) FRICO's refusal to execute
a Canal Use Reduction Form for any or no
reason (iii) floods flows or ponding due to
storms or any other water discharged into the
Canal, (iv) failures of equipment used to
restrict water flow in the Canal pursuant to a
Canal Use Reduction Form, (v) unintended
breaches of the Canal banks or structures (e g
extraordinary flood events, earthquake,
accident act of terrorism etc (hereinafter
'Disaster')) or (vi) intended breaches, when
FRICO determines, in its sole discretion, such
action is reasonably necessary to protect life
and / or property in the event of a Disaster
EXHIBIT"C" v 8917
F-7
Ditch Purchase and Relocation Agreement
EXHIBIT G
FRICO APPROVED FORM OF BOND
RELOCATED CANAL IMPROVEMENTS BOND
Ditch Purchase and Relocation Agreement
RELOCATED CANAL IMPROVEMENTS BOND
Bond No
Premium
KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal, and
, as Surety, are held and firmly bound unto The Farmers Reservoir and
Irrigation Company, a Colorado mutual ditch company ("FRICO"), as Obligee, in the penal sum of
DOLLARS ($ ), lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents
WHEREAS, [Principall is constructing improvements on behalf of , which entered into that
certain Agreement between and FRICO, dated (the
"Agreement"), which allows to construct the specified "Relocated Canal
Improvements" within property owned or controlled by FRICO in County, Colorado (the
"Improvements")
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
construct, or have constructed, the Improvements herein described according to the specification
approved in the Agreement, and shall save the Obligee harmless from any loss, cost or damage by
reason of its failure to complete said work according to said specifications, or its non-compliance with or
breach of any applicable laws, statutes, ordinances, rules, or regulations pertaining to the Agreement or
the Improvements, or from the presence or operation of the Improvements, then this obligation shall be
null and void, otherwise to remain in full force and effect for a period of years from the date
hereof, and for said period, the Surety on this Bond binds itself to said Obligee, to the amount
hereinabove stated penal sum, that said Improvements shall be completed in accordance with the
Agreement
PROVIDED, HOWEVER, Obligee shall notify Surety of events of default within 120 days of the
occurrence
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused
these presents to be executed by its officers thereunto authorized this day of , 20
PRINCIPAL SURETY
By By
Print Print
G-2
Ditch Purchase and Relocation Agreement
EXHIBIT H
FORM OF BILL OF SALE
H-1
Ditch Purchase and Relocation Agreement
BILL OF SALE
KNOW ALL BY THESE PRESENTS, that HUNT BROTHERS PROPERTIES, INC, a
Colorado corporation, whose address is 10100 Dallas Street, Henderson, Colorado 80640
("SELLER"), for and in consideration of Ten Dollars, to the FARMERS RESERVOIR AND
IRRIGATION COMPANY, a Colorado mutual ditch company 'whose address is 80 South 27th
Avenue, Brighton, Colorado 80601 ("BUYER") in hand paid, at or before the ensealing or
delivery of these presents, the receipt of which is hereby acknowledged, has bargained and sold,
and by these presents does grant and convey unto the said Buyer, its successors and assigns, the
following property, goods and chattels, to wit
[See Attachment A]
located at [See Attachment B]
TO HAVE AND TO HOLD the same unto the said Buyer, its successors and assigns, forever
The said Seller covenants and agrees to and with the Buyer, his personal representatives,
successors and assigns, to WARRANT AND DEFEND the title to said property, goods and
chattels, against all and every person or persons whomever When used herein, the singular shall
include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale on this day of
, 2018
HUNT BROTHERS PROPERTIES, INC ,
a Colorado corporation
By
[name]
Its
State of Colorado
City and County of Denver
}
} ss
}
The foregoing instrument was acknowledged before me this day of ,
20 , by as the of Hunt Brothers Properties, Inc a Colorado
corporation
Witness my hand and official seal
My commission expires
H-2
Notary Public
Ditch Purchase and Relocation Agreement
ATTACHMENT A
A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 25, TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED, f_ 3-,2D/$`
AS FOLLOWS
CONSIDERING THE NORTH UNE OF THE NORTHEAST 1/4 OF SAID SECTION 25 TO BEAR
SOUTH 89 40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25,
THENCE SOUTH 00 38'31" WEST, A DISTANCE OF 880 56 FEET TO THE EAST RIGHT-OF-WAY
UNE OF THE EAST BRANCH OF THE BULL CANAL, AS DESCRIBED IN DEED RECORDED
DECEMBER 11 1914 AS RECEPTION NO 208153 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING AND THE
BEGINNING OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 60 00 FEET AND
A CENTRAL ANGLE OF 94 10 26", WHOSE CHORD BEARS SOUTH 24'33'29" EAST, A DISTANCE
OF 87 89 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
A DISTANCE OF 98 62 FEET TO A POINT LYING 24 00 FEET NORTH OF THE CENTERLINE OF
THE BULL CANAL LATERAL NO 1 AS DESCRIBE IN SAID DEED, THENCE PARALLEL WITH AND
24 00 FEET NORTHERLY FROM SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES AND
DISTANCES
THENCE SOUTH 71'38'41" EAST, A DISTANCE OF 48 65 FEET
2 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 256 33
AND A CENTRAL ANGLE OF 2132'33" WHOSE CHORD BEARS SOUTH 81 18 43" EAST
A DISTNCE OF 95 81 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 96 38 FEET,
THENCE NORTH 89 55'09" EAST, A DISTANCE OF 325 88 FEET
4 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 786 30
AND A CENTRAL ANGLE OF 0611 11", WHOSE CHORD BEARS SOUTH 85 54'51" EAST,
A DISTANCE OF 84 86 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 84 90 FEET,
5) THENCE SOUTH 80'58 13" EAST, A DISTANCE OF 223 12 FEET, THENCE SOUTH 09 03'47"
WEST, A DISTANCE OF 41 00 FEET TO A POINT LYING 17 00 FEET SOUTH OF THE CENTERLINE
OF SAID BULL CANAL -LATERAL NO 1, THENCE PARALLEL WITH AND 17 00 FEET SOUTHERLY
FROM SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES
1) THENCE NORTH 80'56'13' WEST, A DISTANCE OF 222 44 FEET,
2)tTHE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 745 30
I AND A CENTRAL ANGLE OF 06'06 23", WHOSE CHORD BEARS NORTH 85'55 31" WEST,
A DISTANCE OF 79 39 FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 79 43 FEET,
3 THENCE SOUTH 89 55 09" WEST, A DISTANCE OF 324 81 FEET,
4 THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 297 33
F ET AND A CENTRAL ANGLE OF 21 19'13", WHOSE CHORD BEARS NORTH 81'16'48" WEST,
A DISTANCE OF 110 00 FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 110 64 FEET
5) THENCE NORTH 71 38'41" WEST, A DISTANCE OF 146 31 FEET TO THE EAST RIGHT-OF-WAY
LINE OF SAID EAST BRANCH OF THE BULL CANAL AND THE BEGINNING OF A CURVE, CONCAVE
TO THE NORTHWEST, HAVING A RADIUS OF 171 23 FEET AND A CENTRAL ANGLE OF 3313'08",
WHOSE CHORD BEARS NORTH 40 31 28" EAST, A DISTANCE OF 97 89 FEET, THENCE NORTHERLY
COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE AND ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 99 28 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 610 56 FEET AND A CENTRAL ANGLE OF 01'23'08", WHOSE
CHORD BEARS NORTH 23'13'18" EAST, A DISTANCE OF 14 77 FEET, THENCE NORTHERLY
COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE AND ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 14 77 FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 36,617 SQUARE FEET OR 0 841 ACRES, MORE OR LESS
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT AS NOTED
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
JAN 3, 2018
PAGE 1 OF 2
PO Box 129, Brighton, CO 80801 * P 303-659-1532 F 303-655-0576 * AMWESTLS COM
H-3
Ditch Purchase and Relocation Agreement
'/ITs
s '
37S.'71
f �
vo"ooe�" CJ
�'`O hLLAC1{"
NW COR NE 1/4, SEC 25
T 1 N, R 68 W FOUND 3/4"
REBAR WITH 2" ALUMINUM CAP,
PLS 25937 IN MONUMENT BOX
NE COR NE 1/4, SEC, 25,
T 1 N, R 68 FOUND 3/4"
REBAR WITH 2 1/2" ALUMINUM -
CAP, PLS 24305 IN MONUMENT
BOX
S89 40'37"W 2635 03' (BASIS OF BEARINGS)
GRAPHIC SCALE
1'-200
60' RIGHT-OF-WAY FOR THE
EAST BRANCH OF THE BULL
CANAL (REC NO 208153)
LINE
BEARING
DISTANCE
L1
S71 38'41"E
48 85'
L2
N89'55'09"E
325 88'
L3
S80' 56'13"E
223 12'
L4
S09'03'47"W
41 00'
L5
N80'56' 13"W
222 44'
L6
S89'55'09"W
32481'
L7
N71 38'41"W
146 31'
400
40' RIGHT-OF-WAY FOR THE
BULL CANAL LATERAL NO 1
(REC NO 208153)
LINE
RADIUS
ARC
DELTA
CHORD BEARING
CHORD
C1
256,33'
96 38'
21'32'33"
S81'18'43"E
95 81'
C2
786 30'
84 90'
06 11'11"
S85 54'51"E
84 86'
C3
745 30'
79 43'
06'06'23"
N85'55'31 "W
79 39'
C4
297 33'
110 84'
21 19'13"
N81 16'48"W
110 00'
C5
171 23'
99 28'
33 13'08"
N40'31'28"E
97 89'
C5
610 56'
14 77'
01 23'08"
N23'13'18"E
14 77'
C5
60 00'
98 62'
94'10'26"
S24'33'29"E
87 89'
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR NFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT MONUMENT AS NOTED
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
JAN 3, 2018
PAGE 2 OF 2
Ad Bemeging Ca.
PO Box 129, BrItahton, CO 8080'1 * P 303-659-1532 F 303-855-0575 r AMWESTLS COM
H-4
Ditch Purchase and Relocation Agreement
ATTACHMENT B
ALTNNSPS
ND TITLE SURVEY
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P M ,
County of Weld, State of Colorado
PROPERTY DESCRIPTION
AS DESCRIBED IN LAND TITLE GUARANTEE COMPANY'S TITLE COMMITMENT DATED OCTOBER 17, 2016,
ORDER NO FC25140236-T PART OF (555 / /LYING/ THE N 1/2 OF THE NE NE 4 OF ON 25,
OFAND WAY OF�THE ION PACIF E CN RAIILROAD C MPANY 4AND SOUTH OFETHERIGHT OF WAYOFTHE THE RIGHT
BULL CANAL, ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P M , COUNTY OF WELD,
STATE OF COLORADO
EXCEPTING THEREFROM A STRIP OF LAND AS CONVEYED TO THE FARMERS RESERVOIR AND
IRRIGATION COMPANY BY DEED RECORDED IN BOOK 406, PAGE 293 WELD COUNTY RECORDS,
COUNTY OF WELD, STATE OF COLORADO
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO 2833396, WELD COUNTY PUBLIC
RECORDS, LOCATED IN THE NE1/4 OF SECTION 25 TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE
6TH P M, COUNTY OF WELD, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID
NE1/4 OF SECTION 25 BEARS NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST AND MONUMENTED
AS FOLLOWS THE EAST QUARTER CORNER OF WHICH BEING A 3 25" ALUM CAP, LS 27269, THE
NORTHEAST OF WHICH IS BEING A 2 5" ALUM CAP, LS 24305 COMMENCING AT SAID EAST QUARTER
CORNER OF SECTION 25, THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG SAID
EAST LINE OF THEALTA COMMITMENT NE1/4 OF SECTION 25 A DISTANCE OF 1017 12 FEET, THENCE
SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST A DISTANCE OF 30 00 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING, THENCE
ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES
58 SECONDS WEST A DISTANCE OF 93 01 FEET, HAVING A RADIUS OF 2930 00 FEET, A CENTRAL ANGLE
OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 93 01 FEET THENCE NORTH 02
DEGREES 14 MINUTES 32 SECONDS WEST A DISTANCE OF 1165 00 FEET, THENCE ALONG THE ARC OF
A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS
WEST A DISTANCE OF 97 45 FEET, HAVING A RADIUS OF 3070 00 FEET, A CENTRAL ANGLE OF 01 DEGREES
49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 97 46 FEET TO A POINT 40 FEET WESTERLY AND
PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, THENCE NORTH
00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING
PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 254 11 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6, THENCE NORTH 89 DEGREES 40 MINUTES
41 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40 00 FEET TO A POINT
ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, THENCE SOUTH 00 DEGREES 25
MINUTES 24 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1608 89 FEET
TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO
H-5
Ditch Purchase and Relocation Agreement
ALTA/NSPS LAND TITLE SURVEY
Part of the North 1/2 of Section 25,
Township 1 North, Range 68 West of the 6th P
County of Weld, State of Colorado
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Ditch Purchase and Relocation Agreement
EXHIBIT I
QUITCLAIM DEED
(deed from FRICO to HUNT BROTHERS for Existing Canal Site)
Ditch Purchase and Relocation Agreement
QUITCLAIM DEED
THIS DEED is dated , 20 , and is made between The Farmers
Reservoir and Irrigation Company, a Colorado mutual ditch company, as grantor, and HUNT
BROTHERS PROPERTIES, INC , a Colorado corporation as Grantee Grantee's legal address
is 10100 Dallas Street, Henderson, CO 80640
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS,
($10 00), the receipt and sufficiency of which is hereby acknowledged, does hereby remise,
release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right,
title, interest, claim and demand which the Grantor has in and to the real property, together with
any improvements thereon, located in the County of Weld, State of Colorado, described as
follows
SEE ATTACHMENT A
(the "PROPERTY") excepting therefrom, and expressly reserved to Grantor, all of Grantor's
right, title and interest in and to (i) all water and water rights appurtenant to, on, underlying or
associated with the Property, whether decreed or undecreed, whether tributary, non -tributary, or
not non -tributary, and whether appropriated, conditionally appropriated, or unappropriated, and
(ii) all subsurface and other rights to oil, gas and other minerals and mineral interests, and related
interests in rents, profits, royalties and other income
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee, and its successors and assigns, forever
I-2
Ditch Purchase and Relocation Agreement
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
subscribed by its General Manager, and its corporate seal to be affixed, attested by its Corporate
Secretary, on the date set forth above
THE FARMERS RESERVOIR AND IRRIGATION COMPANY,
a Colorado mutual ditch company
By Attest
Scott Edgar, General Manager Heidi Garner, Corporate Secretary
STATE OF COLORADO )
) ss
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this day of
, 20 , by Scott Edgar as General Manager and Heidi Garner as Corporate
Secretary of The Farmers Reservoir and Irrigation Company, a Colorado mutual ditch company
Witness my hand and notarial seal
My commission expires
Notary Public
I-3
Ditch Purchase and Relocation Agreement
II
1`� I
k- 50' (R_ECNO PIPELINE
I N666308EASEMENT EXCEPTION NO 15
,
37.371 tr
�V^ cje
LA00
60' RIGHT-OF-WAY FOR THE
EAST BRANCH OF THE BULL
CANAL (REC NO 208153)
VALVE SITE
(REC NO 2329006)
EXCEPTION NO 18
cw,qucscA E
FESI
0 * 200 400
40' RIGHT-OF-WAY FOR THE
BULL CANAL LATERAL NO 1
(REC NO 208153)
30' PIPEUNE EASEMENT
(REC NO 2238673)
EXCEPTION NO 17
SUBJECT
PROPER
DITCH
ROAD
CENTERLINE
OF CONCRETE
LINED DITCH
}7OU I 0 DU
- I
OU
OU
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
R DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
DEC 22 2017
PAGE 3 OF 3
d Surveying Co.
PO Box 129, Brighton, CO 80601 " P 303-659-1532 F 303-655-0576 "' AMWESTLS COM
Name and Address of Person Creating Newly Created Legal Description (§38-35-106 5, C R S )
I-6
Ditch Purchase and Relocation Agreement
NE COR NE 2
1W,
NW COR NE 1/4, SEC 25
T 1 N, R 68 W. FOUND 3/4"
REBAR WITH 2" ALUMINUM CAP,
PLS 25937 IN MONUMENT BOX
/
TIN R68FOUND
D 3/4"
REBAR, WITH 2 1/2" ALUMINUM
CAP, PLS 24305 IN MONUMENT
BOX
-
S89 40'37"W 2635 03' (BASIS OF BEARINGS)
21
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OF BEGINNING
0 200 400
LI
Y C
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L2 C2
C3
60' RIGHT—OF—WAY FOR THE
34,779 SF+
0 798 Ac + —
`
EAST BRANCH OF THE BULL 40' RIGHT—OF—WAY FOR THE
CANAL (REC NO 208153) BULL CANAL LATERAL NO 1
(REC NO 2(28153)
UNE
BEARING
DISTANCE"
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S71'38'41 "E
123 98'
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325 78'
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223 05'
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222.39'
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324 73'
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148 75
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AL AV.0
UNE
RADIUS
ARC
DELTA
CHORD BEARING
CHORD
C1
260 33'
97 77'
21 31'07"
981'18'31"E
97 20'
C2
782 30'
84 37'
06'10 44"
985'54'55"E
84 33'
C3
742 30'
79 03'
06'06'00"
S8555'34"E
78 99'
C4
300 33'
111 68'
21'18'21"
S81' 16'40"E
111 04'
CS
171 23'
47 40'
15'51'33"
N50 30'14"E
47 24'
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS —OF —WAY OR EASEMENTS OF RECORD
LEGEND
ALIQUOT uokuuENr, AS NOTED
DRAWN BY COH
k
a1€,r 1 c a 0i Veal
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES, INC
DEC 22, 2017
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OxForan
PAGE 2 OF 3
PO Box I294Brlphton, CO 80601 i° P 303-659-1532 F 303-855-0576 * AMWESTLS COM
I-5
Ditch Purchase and Relocation Agreement
ATTACHMENT A
A PORTION OF THE BULL CANAL LATERAL NO 1 RIGHT—OF—WAY BEING A PARCEL OF LAND
LOCATED IN THE NORTH 1/2 OF SECTION 25 TOWNSHIP 1 NORTH, RANGE 68 WEST OF
THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25 TO BEAR
SOUTH 89'40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25,
THENCE SOUTH 0751'16" WEST, A DISTANCE OF 921 65 FEET TO THE INTERSECTION OF
THE EAST RIGHT-OF-WAY LINE OF THE EAST BRANCH OF THE BULL CANAL AND THE NORTH
RIGHT-OF-WAY UNE OF THE BULL CANAL LATERAL NO 1, AS DESCRIBED IN DEED RECORDED
DECEMBER 11, 1914 AS RECEPTION NO 208153 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY, COLORADO THENCE COINCIDENT WITH SAID NORTH RIGHT-
OF-WAY UNE THE FOLLOWING FIVE (5) COURSES AND DISTANCES
1j4 SOUTH 71 38'41" EAST, A DISTANCE OF 123 98 FEET,
2 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 260 33 FEET
D A CENTRAL ANGLE OF 2131 07", WHOSE CHORD BEARS SOUTH 81'18 31" EAST A DISTANCE
OF 97 20 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 97 77 FEET,
IW NORTH 89 55'09" EAST, A DISTANCE OF 325 78 FEET,
4 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 782 30 FEET
0 A CENTRAL ANGLE OF 06'10'44", WHOSE CHORD BEARS SOUTH 85'54'55" EAST, A DISTANCE
OF 84 33 FEET THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 84 37 FEET,
5) SOUTH 80'56'13" EAST A DISTANCE OF 223 05 FEET, THENCE SOUTH 09 03'47' WEST, A
DISTANCE OF 40 00 FEET 'TO THE SOUTH RIGHT-OF-WAY UNE OF SAID BULL CANAL LATERAL NO 1,
THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY UNE THE FOLLOWING FIVE (5) COURSES
AND DISTANCES
1) NORTH 80 56'13" WEST, A DISTANCE OF 22239 FEET,
2)ENTTHE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 742 30 FEET AND A
C RAL ANGLE OF 06'06'00", WHOSE CHORD BEARS NORTH 85 55'34" WEST A DISTANCE OF 78 99
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 79 03 FEET,
3 SOUTH 89'55'09" WEST A DISTANCE OF 324 73 FEET
4 THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 300 33 FEET AND A
C ANGLE OF 21'18'21" WHOSE CHORD BEARS NORTH 81 16'40" WEST, A DISTANCE OF 111 04
FEET, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 111 68 FEET TO THE EAST
RIGHT-OF-WAY UNE OF SAID EAST BRANCH OF THE BULL CANAL AND THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 171 23 FEET AND A CENTRAL ANGLE
OF 15 51'33" WHOSE CHORD BEARS NORTH 50'30'14 EAST A DISTANCE OF 47 24 FEET, THENCE ALONG
THE ARC OF SAID CURVE AND COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE A DISTANCE OF 47 40
FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 34,779 SQUARE FEET OR 0 798 ACRES, MORE OR LESS
PREPARED BY CURTIS D HOOS PLS 37971
FOR AND ON BEHALF OF
AMERICAN WEST LAND SURVEYING CO
A COLORADO CORPORATION
NOTE THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DES ' `DON AND IS FOR INFORMATIONAL PURPOSES ONLY
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD
LEGEND
4- ALIQUOT MONUMENT, AS NOTED
DRAWN BY CDH
FIELD CDH
PARCEL NO 146725100004
HUNT BROTHERS PROPERTIES INC
DEC 22, 2017
PAGE 1 OF 3
Veil"
Void 6 MA C11
PO Box 129, Brighton, CO 80801 " P 303-659-1532 F 303-855-0576 * AMWESTLS COM
I-4
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