HomeMy WebLinkAbout20142038.tiff RESOLUTION
RE: APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
OGILVY IRRIGATING AND LAND COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Construction Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Ogilvy Irrigating and Land Company,
commencing November 3, 2014, and ending March 15, 2015, with further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Construction Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Ogilvy Irrigating and Land Company be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C ORADO
ATTEST: thaws) SL ;a
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Weld County Clerk to the Board
/
4 ara Kirkmeyer, ro-Tem
BY. ��
.Qty Clerk o the B�:td
:ean P. Conway
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Date of signature: 7-17
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MEMORANDUM
G O.u.h TO: Clerk to the Board DATE: July 1, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
RE: Weld County Parkway Project
Agreement with Ogilvy Irrigation and Land Company to construct a new ditch facility to replace
the segment of ditch acquired by Weld County to accommodate the construction of Weld County
Parkway Project.
Attached are two original Agreements. Please return one signed original agreement to Public
Works.
RECEIVED
JUL 0 2 2014
M Trxnctek4GENDA memos\A9eetlaMlke9eae11-z.aoc. WELD COUNTY
COMMISSIONERS
2014-2038
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Weld County Parkway—Ogilvy Ditch Company Construction Agreement
DEPARTMENT: PUBLIC WORKS DATE: 6/24/2014
PERSON(S) REQUESTING: Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
The Weld County Parkway construction requires crossing the Ogilvy Ditch in the vicinity of WCR 60.5. The
construction plans entail installation of a reinforced concrete box culvert and 700' of relocated irrigation ditch.
The new concrete roadway will be constructed on top of the new concrete box culvert.
To protect both parties (Weld County and Ogilvy Ditch Company) interests, a formal Construction Agreement
has been developed by the County Attorney Office. Ogilvy Ditch Company has signed the agreement.
Construction of the ditch improvements is scheduled to take place during the time period between November 3,
2014 and March 15, 2015.
What options exist for the Board:
The Board can choose to approve the attached Ogilvy Ditch Company, or choose to amend or reject the
proposed agreement.
Recommendation to the Board:
Public Works recommends approval of the Ogilvy Ditch Company Construction Agreement. If recommended,
Public Works will try to get this item put on the next available BOCC meeting agenda. If approved, the Weld
County Parkway construction contractor will complete the associated work as planned.
Approve Schedule
Reco endation Work Session Comments
Douglas Rademacher, Chair _
Barbara Kirkmeyer
Sean P. Conway
Mike Freeman
William F. Garcia
Attachments: Ogilvy Ditch Company Construction Agreement
Agreements Exhibits
CONSTRUCTION AGREEMENT
OGILVY IRRIGATING AND LAND COMPANY
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /4 day of Tia.r , 2014, by and between
Ogilvy Irrigating and Land Company, a Mutual Ditch Company organized and existing under
Colorado law, whose address is 822 7`h Street, Suite 760, Greeley, CO 80631, hereinafter
referred to as "Company," and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it in the best interests of the citizens of Weld County and the
travelling public to construct the Weld County Parkway, (hereinafter referred to as "Project"),
and
WHEREAS, the construction of the Project requires County to acquire a segment of
Company's irrigation ditch lying within the area of Project, and
WHEREAS, Company and County recognize that County has a statutory obligation to
maintain its roads and bridges to protect the safety of the travelling public and that Company also
has legal obligations to deliver water to its shareholder/members, and
WHEREAS, County and Company acknowledge Company's irrigation ditch lies within
the area of County's Project, and
WHEREAS, County has commenced condemnation proceedings to acquire an easement
for Company wherein County will construct a new ditch facility to replace the segment of ditch
acquired by County to accommodate construction of the Project, and
WHEREAS, Company agrees that County has designed the Project to accommodate the
water capacity required by the Company for its Ditch, as reflected in the location, construction
and design drawings, (copies of which are attached hereto and made a part hereof by this
reference as Exhibit A), and
WHEREAS, each party desires to cooperate in a manner that permits each to meet its
obligations,
NOW, THEREFORE, in consideration of the promises and covenants expressed herein,
the parties mutually agree as follows:
I. COMPANY'S RIGHTS AND RESPONSIBILITIES:
1. Grant of Easement for Ditch Operation: County shall acquire through
condemnation proceedings an easement in which it will construct a new concrete ditch for
Company. Following the entry of a Court Order awarding the necessary property rights to
County, County shall transfer an easement containing sufficient property rights to allow
Page 1 of 7
Company to own, operate, maintain and repair the irrigation ditch , (hereinafter "Easement").
County has requested the award of such rights in its condemnation action and expects to have
sufficient rights in and to the area to convey such Easement to Company. Therefore, within thirty
(30) days of the entry of an order of condemnation, granting the needed rights, County will
execute the Easement in favor of Company. (A copy of the Easement is attached hereto as
Exhibit B, and made a part hereof by this reference).
2. Construction and Design Drawings: Company and County acknowledge
that each has had the opportunity to provide input into the design of the Project, and that Exhibit
A is representative of the collaborative design efforts of the parties. In the event that during the
construction of the new ditch County discovers unanticipated conditions, County shall notify
Company of the need for design changes. Any such revised drawings, plans and/or specifications
shall be attached hereto and made a part hereof as Exhibit Al. County and Company
acknowledge that the current capacity of Company's ditch is approximately 250 cubic feet per
second ("cfs") and that the capacity of the new ditch segment is expected to be at least 300 cfs.
3. Construction of Project: Company hereby grants permission to County to
construct the improvements described on the Exhibit A drawings, and thereafter authorized
County to maintain said culverts, within the area occupied by the Ditch, as described and
illustrated in the construction and design drawings reflected in Exhibit A. County will exercise
the authority it has over any contractor it employs to construct the Ditch to assure that said
contractor constructs the project in accordance with Exhibit A.
4. Grant of Right of Ingress & Egress: Company hereby grants to County
the right of ingress and egress to and from the Project and across the Ditch property, as necessary
and reasonable for the exercise of the purposes of this Agreement, particularly for the purpose of
the maintenance of the culvert through which the Company's water flows. (County's rights and
obligations concerning its culvert maintenance are addressed in the Easement.)
5. Company's Field Inspections: Company shall conduct field inspections at
the initial stage of planning and within five (5) business days of County's notification to
Company that construction has been substantially completed. In addition, in Company's
discretion, field inspections may be conducted during the construction of the Project. Company
shall notify County in writing of all necessary corrective work it deems necessary within five (5)
days of such field inspections. Such corrective work shall be completed promptly at the sole
expense of County. Failure of Company to notify County of the need for corrective work within
five (5) business days of Company's inspection, shall be deemed to constitute Company's
acceptance and approval of the construction of the Project through the date of that inspection.
6. Company's Present and Future Rights to Maintain Ditch: Company has,
and shall continue to have full power to operate, maintain, alter, enlarge, relocate, clean and
manage the Ditch as if this Agreement had not been made, except to the extent that Weld County
right-of-way for the Weld County Parkway may be damaged by Company's negligence in
conducting said activities. It is specifically agreed that normal maintenance and repair activities,
including the operation of machinery for such purposes upon the Ditch right-of-way and within
the Ditch itself, shall not constitute negligence. In the event, however, that any such activity on
the part of the Company could reasonably be expected to damage County's road or right-of-way,
Company agrees to give prior notice to County, and to cooperate with County to mitigate and
Page 2 of 7
possibly avoid said injuries or damages to the County's road and/or right-of-way, and this
Project.
7. Emergency Repairs: In the event Company finds it necessary to perform
emergency repairs to the Ditch, either during County's construction of the Project or at any time
in the future, and such activity causes damage to County's road, right-of-way and/or Project,
Company shall be without liability for damages to County as the result of the performance of
such repairs, except as to such damage caused by Company's negligence. If Company determines
that emergency repairs to the Ditch must be made, which repairs are caused by the acts or
omissions of County in constructing or maintaining the Project and/or road, Company shall
notify County of the need for such repairs; if County is able to conduct such repair work, it will
so notify Company immediately, and will commence said repairs within a time period agreed to
by Company. If County is unable to undertake said repair work within a time period to which
Company agrees, and Company expends any sum for said emergency repairs of the Ditch,
Company shall notify County of the expenditure, submit documentation of the expense incurred
and, subject to the approval of and appropriation of funds by the Weld County Board of
Commissioners, County shall reimburse the Company for any reasonable expense.
8. Flow of Water During Construction of Proiect: In order to ensure the safety
of those involved in the construction of the Ditch and County's Project, in 2014-2015, and in
order to allow County to take necessary steps to facilitate the uninterrupted free flow of water
through the Ditch, Company agrees to notify County personnel, pursuant to the notice
requirements of this Agreement of a release of water in the Ditch if said release takes place
between November 3, 2014 and March 15, 2015. During County's construction of the Ditch and
Project, Company agrees to provide notice to County immediately following its receipt of
permission to flow water between said dates. Immediately following its receipt of such notice,
County shall make provisions to allow the free flow of water through the Ditch, as soon as
reasonably possible. County is aware that storm waters and/or flooding conditions are possible at
any time and that Company may not be able to provide notice to County of such uncontrolled
conditions.
9. Acceptance of Drainage Water: Subject to the requirements of Colorado
water law, Company agrees that it will accept the storm water runoff historical flows from the
County's right-of-way, normally conveyed in a roadside ditch. County agrees that it will
construct the entrance of the historical flows into Company's Ditch in a manner designed to
prevent erosion or damages to the Ditch banks.
II. COUNTY'S RIGHTS AND RESPONSIBILITIES
1. County's Right of Ingress & Egress: During construction of the Ditch and
Project, County has the right of ingress and egress to and from the Project and across the Ditch
property, as necessary and reasonable for the exercise of the purposes of this agreement.
Following construction of the Ditch and Project, County's right concerning access to the area of
the Ditch shall consist of those rights set forth in Exhibit B.
2. County to Provide Notice: County shall provide notice to Company of all
work related to the construction of the Project and Ditch at least seven (7) days in advance of
construction activities. County will provide notice of its future nonemergency maintenance and
Page 3 of 7
repair activities at least seven (7) days in advance of such activities. County will attempt to
engage in such activities between November 1 and March 15 of each year, and will seek
Company approval following the submittal of such plans and/or specifications to Company as
Company considers necessary. Such approval shall not be unreasonably withheld or delayed.
3. County's Construction Responsibilities: County agrees to construct the
Project, and thereafter maintain it in such a manner as to avoid damage to the Ditch, particularly
the embankments and access thereto, and to avoid interference with the flow of water through the
Ditch. Any damage to the Ditch caused by County's construction of the Project, including
damage to the Ditch's embankments and facilities appurtenant to the Ditch, shall be addressed as
follows: (1) If Company determines that repairs to the Ditch must be made, which repairs are
caused by the acts or omissions of County in constructing or maintaining the Project and/or
culvert, Company shall notify County of the need for such repairs; (2) If County is able to
conduct such repair work, it will so notify Company immediately, and will commence said
repairs within a time period agreed to by Company; (3) If County is unable to undertake said
repair work within a time period to which Company agrees, and Company expends any sum for
said repairs of the Ditch, Company shall notify County of the expenditure, submit documentation
of the expense incurred and, subject to the approval of and appropriation of funds by the Weld
County Board of Commissioners, County shall reimburse the Company for any reasonable
expense.
4. Historical Drainage Patterns: Company and County agree that the design
of the project, as reflected in Exhibit A, is expected to preserve historical drainage patterns, and
both parties believe that said design shall, therefore, preserve the integrity of Company's
facilities. However, in the event that historical drainage patters are altered by construction of the
Project, and adversely impact Company, County agrees to correct those characteristics of the
Project which created the adverse impact.
5. Flow of Water During Construction of Project: It is a primary goal of County
in the construction of this Project, not to interrupt the flow of water through Company's Ditch.
To that end, County agrees that absent accidents involving third parties, or force majeure, as
described in Paragraph III.12 herein, County will not interrupt the flow of water through
Company's Ditch. The parties have agreed that County shall construct the Project during the
period beginning on the 3r° day of November, 2014, and ending on the 15th day of March, 2015,
unless otherwise agreed to by both parties, As the parties are aware that water could be
transferred through the Ditch for a variety of reasons at any time during the construction period,
Company has agreed to provide notice to County immediately following Company's receipt of
permission to flow water. Immediately following its receipt of such notice, County shall begin
the removal of its equipment, materials and/or personnel from the Ditch site in order to allow the
free flow of water through the Ditch, as soon as reasonably possible. Notice of the release of
water by Company shall be given to each person named in paragraph III.13 and in accordance
with the provisions of that paragraph.
6. Repair and Maintenance of Project After Construction: All post-construction
repairs, replacements or maintenance of the Project by County which could impact Company's
use and operation of the Ditch shall, in the absence of an emergency, be undertaken during a
period when the Ditch is not being used to carry water, and such work shall be completed before
that use begins. County agrees to notify Company of the need to repair, replace or maintain the
Page 4 of 7
Project and Company agrees to provide County with a flow schedule which will allow County to
perform its work when the Ditch is not expected to be used to carry water. In the event of an
emergency situation caused by an immediate and unforeseen incident causing damage to Weld
County Parkway which creates a danger to the travelling public, County agrees to immediately
notify Company of the need to conduct such repairs, and to the extent possible, Company agrees
to cooperate to allow County to complete said repairs
7. County's Responsibilities Following Construction and/or Repair.
Replacement and Maintenance: Upon County's completion of construction of the Project,
and following any later repair, replacement and/or maintenance activity related to the Project,
which takes place within the Ditch boundaries, County agrees to clean the Ditch and Ditch bank
area in order to place it in the same or better condition than it was before the activity began.
8. Legal/Engineering Expense Reimbursement: County agrees to reimburse
Company for all reasonable legal and/or engineering costs incurred by Company for the legal
review of this Agreement and for the professional engineering review of the Project's design, not
to exceed a total of two thousand ($2,000.00) dollars.
III. MISCELLANEOUS
1. Board of County Commissioners of Weld County Approval: This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado.
2. Agreement Binding: This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall
be binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties. This Agreement may be assigned by County to another governmental entity who by
annexation or other governmental action assumes jurisdiction over the Project, without the
written consent of Company. Company agrees to notify County of its intent to assign this
Agreement in order that it may take such formal action for ratification as may be required by its
Board of County Commissioners.
3. No Third Party Beneficiary: It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
4. Fund Availability: County has budgeted the funds required to perform its
obligations under the terms of this agreement, and assumes that all expenses it is required to pay
will be expended within the current calendar year unless otherwise stated. Financial obligations
of the Board of County Commissioners of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
Page 5 of 7
available. By execution of this Agreement, County does not warrant that funds will be available
to fund this Agreement beyond the current fiscal year.
5. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
6. Severability: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision,to the extent that this Agreement is then capable of execution within the original intent
of the parties.
7. Choice of Law: Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules and/or regulations shall be null and void.
8. Attorneys Fees/Legal Costs: In the event of a dispute between County and
Company concerning this Agreement, the parties agree that neither party shall be liable to or
responsible for the payment of attorney fees and/or other legal costs incurred by or on behalf of
the other party.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, by either party, of any of the
immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
10. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this Agreement.
This instrument supersedes all prior negotiation, representation, and understanding or agreements
with respect to the subject matter contained in this Agreement. This Agreement may be changed
or supplemented only by a written instrument executed by both parties.
11. Compliance with Laws: The parties agree that each shall comply with all
applicable federal state and local laws. Ordinances and rules in connection with the construction
and/or maintenance of the Project, that each shall obtain such permits and/or approvals required
by applicable governmental entities in connection with the construction and/or maintenance of
the Project and shall take such affirmative and/or remedial actions required by such entities.
12. Interruptions: Neither party to this Agreement shall be liable to the other
for delays in performance or a failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to force majeure, or any cause beyond its reasonable
control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
13. Notices: Any notice required or permitted hereunder shall be deemed
effective when transmitted by facsimile to the numbers provided below or when deposited in the
United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the
party to whom notice is to be given, as follows:
Page 6 of 7
Notice to County:
Weld County Public Works
Michael Bedell, P.E.
E-Mail: mbedell@co.weld.co.us
P.O. Box 758, Greeley, CO 80632
Notice to Ogilvy Ditch Company:
Ogilvy Ditch Company President
Name: Don Wacker
Phone Number: 970-371-5322
Address: 822 7m Street, Suite 760, Greeley, CO 80631
*In the event that County or Company should designate a different individual(s) to receive
notice, or change the address or facsimile number listed above, the other party shall be notified in
writing of the new information. The failure to provide new or corrected information shall release
the other party of all responsibility for any losses suffered by the party failing to provide the new
information.*
14. Effect of Annexation: The parties recognize that in the event a
municipality should annex the road, including the bridge described in this Agreement, County
will lose jurisdiction over the road and the bridge. Therefore the parties agree that following such
annexation, each shall be relieved of all obligations imposed by this Agreement and neither shall
have the right to enforce the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be
deemed an original, on the date first written above.
OGILVY DITCH COMPANY
By: J-,771 W etexh4.2 Date: - / 6 - /`T/
Dame: Don Wacker
Title: President
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i
cb� (� —
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W f StC ;� y� gla& ademacher, Chair
JUL 0 9 2014
Weld County Clerk to the Board
BY: '
Deputy Clerk t the Board
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EXHIBIT
B
GRANT OF EASEMENT FOR DITCH
BY WELD COUNTY TO OGILVY IRRIGATING and LAND COMPANY
THIS GRANT OF EASEMENT, made this day of , 2014, is made this
day of ,2014,by and between the County of Weld,a body corporate and politic of
the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150
"O"Street,Greeley,Colorado 80631 hereinafter referred to as"Grantor,"and Ogilvy Irrigating and
Land Company, a Mutual Ditch Company organized and existing under Colorado law, whose
address is 822 7`" Street, Suite 760, Greeley, CO 80631, hereinafter referred to as"Grantee."
Pursuant to an Agreement entitled "Construction Agreement Ogilvy Irrigating and Land
Company and Weld County, Colorado,"dated the_day of , 2014, Grantor agreed to, and
does hereby Grant, Transfer, and Convey forever ever unto Grantee and Grantees' successors, and
assigns,a perpetual easement,(hereinafter referred to as the"Easement"),situate, lying,and being in
the County of Weld, and State of Colorado, and described as follows:
See attached"Exhibit A"which is attached hereto and by this reference incorporated herein
and made a part hereof.
The express purpose of this Easement is to allow Grantee to construct,maintain and repair an
irrigation ditch within the Easement and to have reasonable access thereto.
The Easement shall be an easement appurtenant, and shall inure to the benefit of Grantees'
heirs, successors, assigns, and personal representatives, subject to the conditions set forth herein.
All costs associated with the Easement for repair, maintenance,and snow removal, shall be
borne by Grantee.The costs of construction of the irrigation ditch and future maintenance and repair
of the culvert shall be borne by the Grantor.
Grantee's use of the Easement shall not be exclusive, but will be shared with Grantor to
allow Grantor access to the culvert so that Grantor may access the Easement in order to construct,
repair and maintain the culvert carrying Grantee's irrigation water.
The mineral estate,under said property, including oil,gas and any and all other minerals and
all water rights currently attached to or associated with the Easement are,unless reserved pursuant to
Court Order or other recorded instrument, hereby specifically reserved unto Grantors, except as
required to sustain the integrity of the Easement.
Easement Page I
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2014, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld.
Witness my hand and official seal.
Notary Public
OGILVY IRRIGATING AND LAND COMPANY,
a Mutual Ditch Company
By: Date:
Name: Don Wacker
Title: President
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of ,2014,by
Don Wacker, President, Ogilvy Irrigating and Land Company.
Witness my hand and official seal.
Notary Public
My commission expires:
Easement Page 2
EXHIBIT-A SI-T5N-R65W
PROPERTY DESCRIPTION
PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 1,
TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2193841 & 2808479 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COYIEN JGi AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 85 WEST AND
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SECTION 1 AS BEARING
NORTH 0029'41' EAST A DISTANCE OF 5038.89 FEET TO THE NORTHWEST CORNER OF SECTION 1,
TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN;
THENCE NORTH 0029'41' EAST ALONG SAID WEST UNE A DISTANCE OF 1268.58 FEET TO A PONT ON THE
NORTHERLY UNE OF SAID DEED (RECEPTION NO. 2193641 & 2808479);
THENCE SOUTH 8903'47' EAST ALONG SAID NORTH UNE A DISTANCE OF 242.44 FEET TO THE POINT OF
RFfINNINR
THENCE CONTINUING SOUTH 8903'47' EAST A DISTANCE OF 835.42 FEET;
THENCE SOUTH 00'56'34' WEST A DISTANCE OF 118.38 FEET;
THENCE NORTH 8W03'47' WEST A DISTANCE OF 454.28 FEET;
THENCE SOUTH 00'56'34' WEST A DISTANCE OF 86.63 FEET;
THENCE SOUTH 79'49'53' WEST A DISTANCE OF 138.24 FEET;
THENCE NORTH 10'10'07' WEST A DISTANCE OF 236.06 FEET TO THE POINT OF BEGINNING
SAID PARCEL CONTAINS 88,661.84 O. OR 2.04 cc. MORE OR LESS
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN
AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
WELD COUNTY DEPARTMENT
PERMANENT '‘s.:, , 6, „� PUBLIC
IRRIGATON EASEMENT e OT 49EXT WORKS
' 1]i/' r ! _ �1 WCR 49 EXTENSION
PROJECT
DPG FARMS v ' -_-'2' P ' PROJECT N0: SRP-23 SCALE
WFI.D COUNT Y.COLORADO U, T U `' _ _.___.. .__
11 DATE: 2-27-13 DRAWN BY: MB SHEET: I oft
EXHIBIT-A SI-T5N-R65W
l '.
-r-
NW COR �--r--f+
S1-T5N-R65W
I i END 3VALUM. r--r,
Niti•f+f CLS P STAM 0855 E D -./-..- 8THJCR b0.51SH 263 _ -_
0I MON. Box/ ---
fU Is /' ''
' / -•/
L MARCY 4, olSW
Sl-15N-R65W
i
,./.'' PERMANENT IRRIGATION
�' /' EASEMENT ACQUIRED
' I 88,881.84 sf. OR 2.04 ac.t
.' i Ai P.O.B.
pe'••
S89'03'47'E 635.42'
242.44 t ,
WEI,D
COL IN 1Y N10'10'07"W • • • • j S00'56'34"W
236.06' a ! ! !�!•!•� : � i � 118.38'
• N:9', 4 W 4 .
G ..
-S00'56'34 W
c 86.63'
S%of Sif y,
xo
rn S79'49'53"W s�-In-R65O
138.24'
n z
"co i 2 in W X
°' W m DPG FARMS INC.
-l a RECP.#2193641
I WA) o RECP.#2808479
o
Z D 1
I
DPG , y
FARMS i ,
P.O.C. SW COR
S1-T5N-R65W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
FNO 2W ALUM. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT iti
CAP STAMPED IT IS INTENDED TO ILLUSTRATE THE
POWERS ELV. ATTACHED PROPERTY DESCRIPTION ONLY.
i LS#23501
PERMANENT WELD COUNTY DEPARTMENT
IRRIGATON EASEMENT " . � ,+ w ---_ OF PUBLIC' WORKS
1J/ rWCR 49 EXTENSION
r 1
-._.._- PROJECT
DPG FARMS / . -- ._ ----_-_ --.. _.-
V - 3 >
WELD COUNTY.COLORADO ,
PROJECT NO SRP-23 iSCA,E I"=200
U rE 2-27.13IURAWN BY JHB,SHEEr 2012
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