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Home My WebLink About20142744.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF SECTION OF DITCH (BRIDGE REPLACEMENT AT INTERSECTION OF CRS 42 AND 29) AND AUTHORIZE CHAIR TO SIGN - FARMERS INDEPENDENT DITCH (FIDCO) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Relocation of a Section of Ditch (Bridge Replacement at Intersection of CRs 42 and 29) 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 Farmers Independent Ditch (FIDCO), commencing upon full execution of signatures, and ending March 1, 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 Agreement for the Relocation of a Section of Ditch (Bridge Replacement at Intersection of CRs 42 and 29) 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 Farmers Independent Ditch (FIDCO) 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 8th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY,rr COLORADO ATTEST: C/CC�� • , i� +• ))l Bc40 I, MLA, ouglas Rademacher,/Chair Weld County Clerk to the Bo.. A J r ,. '•. ��i f1�t K 11 ara Kirkmeyer, ro-Tem B t ! I �. t1�. .', _ '•.�..° !-- �� uty Clerk to he Boar�►�; �t ' can P. Conway APP AS M: Mol.aca.fl- Mike 72 Cou_ty Attorney 2 William F. Garcia Date of signature: 9/11> CC:PW AFC\ 2014-2744 EG0070 �/►3 �(i MEMORANDUM G O�- TTY TO: Clerk to the Board DATE: September 5, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda RE: Bridge 42/29A Replacement Agreement for Relocation of Section of Ditch with Farmers Independent Ditch FIDCO. Attached are two original Agreements. Please returned one signed to Public Works. MFrancie\AGENDA momos\AgendaMIkeBedell-2 docx 2014-2744 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Bridge 42/29A Replacement— Farmers Independent Ditch Company Construction Agreement DEPARTMENT: PUBLIC WORKS DATE: 8/27/2014 PERSON(S) REQUESTING: Don Dunker, (County Engineer), Michael Bedell (Senior Engineer) Brief description of the problem/issue: The Bridge 42/29A Replacement Project and associated realignment of WCR 42 requires relocation of a portion of the adjacent irrigation ditch operated by FIDCO. Weld County crews are planning to construct this project starting in November, 2014 after the irrigation water shuts down. A new asphalt roadway will be constructed on top of a new concrete box culvert which will carry the irrigation water flows. To protect both parties (Weld County and FIDCO) interests, a formal Construction Agreement has been developed by the County Attorney Office. FIDCO has signed the agreement(see attached). What options exist for the Board: The Board can choose to approve the attached FIDCO Construction Agreement, or choose to amend or reject the proposed agreement. Recommendation to the Board: Public Works recommends approval of the FIDCO Construction Agreement. If recommended, Public Works will try to get this item put on the next available BOCC meeting agenda. If approved, the Public Works Department will complete the associated work as planned. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair T 'ct Barbara Kirkmeyer 100 v J JJJ Sean P. Conway Mike Freeman William F. Garcia Attachments: FIDCO Construction Agreement Agreement Exhibits AGREEMENT FOR RELOCATION OF SECTION OF DITCH BETWEEN FARMERS INDEPENDENT DITCH FIDCO and WELD COUNTY (WCR 42 and WCR 29 INTERSECTION BRIDGE REPLACEMENT) THIS AGREEMENT is made this 15 day of .Syo kifli r 2014, by and between Farmers Independent Ditch FIDCO, a Colorado non-profit corporation with an office located at 3005 West 29th Street, Suite GI, Greeley, CO 80631,hereinafter referred to as"FIDCO,"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, FIDCO is the owner of a certain right-of-way within which lies ditch improvements and related appurtenances, (hereinafter referred to as "the Ditch" or "FIDCO's Ditch"), and WHEREAS, County finds it necessary to realign Weld County Road 42 which will involve County's acquisition of property as additional right-of-way, construction of a new section of the Ditch, and replacement of a concrete box culvert beneath the intersection of Weld County Road 42 and Weld County Road 29 which connects sections of FIDCO's ditch on either side of said intersection, (hereinafter referred to as"Project"),and WHEREAS, FIDCO and County acknowledge FIDCO's Ditch lies within an area of the Project, (a copy of the legal description is attached hereto and made a part hereof by this reference as Exhibit "A" and a copy of an aerial photograph with design overlays and engineering drawings are attached hereto and made a part hereof by this reference as Exhibits "B"and"C"), and WHEREAS, FIDCO 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 FIDCO also has legal obligations to deliver water to its shareholder/members,and WHEREAS, FIDCO agrees that County has designed the Project to accommodate the current average water capacity of the FIDCO's Ditch, as reflected in the construction and design drawings,a copy 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: Page 1 of 8 I.FIDCO'S RIGHTS AND RESPONSIBILITIES: 1. Construction and Design Drawings: FIDCO and County acknowledge that each has had the opportunity to provide input into the design of the Project, and that Exhibit A, Exhibit B, and Exhibit C reflect the collaborative design efforts of the parties. In the event that County discovers unanticipated conditions during construction, County shall notify FIDCO of the need for design changes. The revised drawings,following FIDCO's approval,plans and/or specifications shall be attached hereto and made a part hereof as Exhibit E. 2. Construction of Project and Maintenance of Concrete Box Culvert: FIDCO hereby grants permission to County to construct the improvements described on the Exhibit A drawings and thereafter maintain said concrete box culvert, within the area occupied by FIDCO's Ditch, as described and illustrated in the construction and design drawings reflected in Exhibits B and C. 3. Grant of Right of Ingress& Egress: FIDCO hereby grants to County the right of ingress and egress to and from the Project and across the FIDCO Ditch property, as necessary and reasonable for the exercise of the purposes of this Agreement. FIDCO acknowledges and agrees that County will require access to FIDCO's existing ditch and to the concrete box culvert to complete construction of the relocated ditch, and hereby specifically affirms that County shall have that access. 4. FIDCO's Field Inspections: FIDCO may, in its discretion, conduct field inspections at the initial stage of planning and later within three (3) business days of County's notification to FIDCO that construction has been substantially completed. In addition, at FIDCO's discretion, field inspections may be conducted at any time during the construction of the Project. FIDCO shall notify County in writing of all corrective work it deems necessary within three (3) days of such field inspections. Such corrective work shall be completed promptly at the sole expense of County. Failure of FIDCO to notify County of the need for corrective work within three (3) business days of FIDCO's inspection shall be deemed to constitute FIDCO's acceptance and approval of the construction of the Project through the date of that inspection. 5. Timing of Ditch Construction and Relocation: FIDCO has provided County with the dates no water will be flowing through the Ditch, so that the construction and relocation work may be completed within those dates. At the signing of this Agreement the parties generally agree that the relocation may be completed between November 1, 2014 and March 1, 2015. 6. FIDCO's Present and Future Rights to Maintain Ditch: FIDCO 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 Project or other County right-of-way may be damaged by FIDCO's negligence in conducting said activities. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes within and upon the Ditch and Ditch right-of-way, shall not constitute negligence. In the event, however, that any such activity on the part of the FIDCO could reasonably be expected to damage County's road, structures or right-of-way, FIDCO agrees to give prior notice to County, and to cooperate with Page 2 of 8 County to mitigate and possibly avoid said injuries or damages to the County's road, structures and/or right-of way, and this Project. The parties acknowledge and agree that the County shall own and have the full responsibility to maintain the culvert it constructs and that aside from County's maintenance responsibilities,FIDCO has the exclusive right to use the structure for the transport of its water. 7. Emergency Repairs: In the event FIDCO 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, FIDCO shall be without liability for damages to County as the result of the performance of such repairs, except as to such damage caused by FIDCO's negligence. If FIDCO 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, FIDCO shall notify County of the need for such repairs; if County is able to conduct such repair work, it will so notify FIDCO immediately, and will commence said repairs within a time period agreed to by FIDCO. If County is unable to undertake said repair work itself either due to construction expertise or as a result of time constraints within the time period required by FIDCO, and FIDCO is required to expend funds for said emergency repairs of the Ditch, FIDCO 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 FIDCO for any reasonable expense incurred by FIDCO related to the emergency repairs. 8. No Flow of Water During Construction of Project: The parties agree that the construction of the new concrete box culvert beneath the Weld County Road 42 and Weld County Road 29 intersection and the relocation of the Ditch will eliminate the possibility of the flow of water through FIDCO's Ditch at the location described in Exhibit A during the period of active construction. The County shall notify FIDCO at least 72 hours prior to beginning construction so that FIDCO can make any necessary preparations for ceasing the delivery of water in the Ditch at the location described in Exhibit A and B. 9. Grant of Easement to FIDCO and Central Weld County Water District: County has acquired the property upon and within which the new Ditch will be constructed from Strear Farms Company, a Colorado corporation, by Special Warranty Deed. Following County's construction of the relocated Ditch, County shall transfer the relocated Ditch, as described in Exhibits B and C to FIDCO by Special Warranty Deed in the form attached hereto as Exhibit D. The Project has also necessitated the relocation of a water pipeline facility owned by Central Weld County Water District, (hereinafter "CWCWD") to a location beneath the newly created Ditch. Therefore, prior to the transfer of the property to FIDCO, County shall transfer an easement for the pipeline to CWCWD.FIDCO acknowledges and agrees that the design of the water pipeline and its location, including the depth of said pipeline, is appropriate. Five feet below the bottom of the ditch, CWCWD will install a sixteen (16) inch diameter ductile iron pipe water main, which will be placed within a thirty (30) inch diameter by sixty(60)foot long steel casing pipe. Additionally a `spare' casing pipe will be installed ten(10) feet from and parallel to the thirty (30) inch casing, to allow CWCWD to repair a leak without interruption of the flow of water through the ditch. FIDCO further agrees that County shall have no responsibility to monitor and/or assume responsibility for any damage to the Ditch caused by or due to the existence of the water pipeline. Page 3 of 8 10. Acceptance of Drainage Water: FIDCO agrees that it will accept the historical water flows from County's right-of-way, normally conveyed in a roadside ditch. County agrees that it will construct the entrance of the historical flows into FIDCO'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: County has the right of ingress and egress to and from the Project and across the Ditch property, as needed to complete the construction of this Project. 2. County to Provide Notice of Work: All work shall be performed only after prior notice and submission of plans and specifications to FIDCO's superintendent, after such engineering and legal consultation as FIDCO considers necessary, following the approval of the same by FIDCO. Such approval shall not be unreasonably withheld or delayed. 3. County's Construction Responsibilities: County agrees to construct the Project, and thereafter maintain its right-of-way and concrete box culvert 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, and any construction deficiencies occasioned by County's improper construction of the concrete box culvert and Ditch shall be addressed as follows: (1) If FIDCO 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 concrete box culvert, FIDCO shall notify County of the need for such repairs; (2) If County is able to conduct such repair work, it will so notify FIDCO immediately, and will undertake said repairs within a time period agreed to by FIDCO; (3) If County is unable to undertake said repair work within a time period to which FIDCO agrees, and FIDCO expends any sum for said repairs of the Ditch, FIDCO 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 FIDCO for any reasonable expense incurred by FIDCO. 4. Historical Drainage Patterns: FIDCO 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 FIDCO's facilities. However, in the event that historical drainage patters are altered by construction of the Project, and adversely impact FIDCO, 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 FIDCO's Ditch for a period longer than is necessary to complete the relocation and construction of the ditch, and the construction of a new concrete box . 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 FIDCO's Ditch at any time prior to November 1, 2014 or after March 1, 2015. The parties have agreed that County shall construct the Project during the period Page 4 of 8 beginning on the 1st day of November, 2014 and ending on the 1st day of March, 2015, unless otherwise agreed to by both parties. As the parties are aware that water could be carried through the Ditch for a variety of reasons at any time during the construction period, FIDCO has agreed to provide notice to County immediately following FIDCO's intent 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 carriage of water in the Ditch by FIDCO shall be given to each person named in paragraph 111.13 and in accordance with the provisions of that paragraph. 6. Repair and Maintenance of Proiect After Construction: All post-construction repairs, replacements or maintenance of the Project by County which could impact FIDCO'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. County agrees to notify FIDCO of the need to repair,replace or maintain the Project and FIDCO 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 the Weld County Road 42 and Weld County Road 29 intersection which creates a danger to the travelling public, County agrees to immediately notify FIDCO of the need to conduct such repairs, and to the extent possible, FIDCO agrees to cooperate to allow County to complete said repairs. 7. County's Responsibilities Following Construction and/or Repairs 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 and maintain the area in order to place it in the same or better condition than it was before the activity began. 8. LegaUEngineering Expense Reimbursement: County agrees to reimburse FIDCO for all reasonable legal and/or engineering costs incurred by FIDCO for the legal review of this Agreement and for the professional engineering review of the Project's design, and FIDCO agrees that the amounts paid to the date of the execution of this Agreement have been sufficient. 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 FIDCO. FIDCO agrees to notify County of its intent to assign this Agreement Page 5 of 8 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 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 FIDCO 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. Page 6 of 8 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: 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 Farmers Independent Ditch (FII)CO): Name: Frank Eckhardt Email: Phone Number: 970-539-0445 Address: 3005 West 29`h Street, Suite G1,Greeley, CO 80634 *In the event that County or FIDCO 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 f riling to provide the new information.* 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. FARMERS INDEPENDENT DITCH (FIDCO) Name: Frank Eckhardt Date Title: President Pale 7 of 8 • BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: C j J/�//�� / �) Vjeai iv _`� to:lam GC, 'c �v 0e.,Mvl' kr- ouglat Rademacher, Chair f' I� ` SEP 0 8 2014 Weld County Clerk to the Board "` ® t 1861 • BY• W WiI Deputy Clerk to the Board .:%/ OLIO, 1 Page 8 of 8 a©iy- a741 EXHIBIT NE I/4 S29-T4N-R66W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 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. 3981840 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF' SAID NORTHEAST ONE-QUARTER AS BEARING SOUTH 89'48'47" WEST A DISTANCE OF 1328.87 FEET TO THE EAST ONE-SIXTEENTH CORNER OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 66 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00'26'40" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 41.84 FEET; THENCE DEPARTING SAID LINE SOUTH 89'33'20" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 29 A DISTANCE OF 30.00 FEET, ALSO BEING A POINT ON THE EXISTING SOUTHERLY UNE OF THE FARMERS INDEPENDENT DITCH AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'26'40" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 82.68 FEET; THENCE SOUTH 70'00'50" WEST A DISTANCE OF 169.47 FEET; THENCE NORTH 18'59'11" WEST A DISTANCE OF 64.42 FEET; THENCE SOUTH 73'41'24" WEST A DISTANCE OF 58.84 FEET; THENCE SOUTH 85'35'38" WEST TO A POINT ON THE EXISTING SOUTHERLY LINE OF THE FARMERS INDEPENDENT DITCH A DISTANCE OF 146.87 FEET; THENCE ALONG SAID EXISTING SOUTHERLY LINE OF THE FARMERS INDEPENDENT DITCH THE FOLLOWING (3) COURSES; THENCE NORTH 60'12'32" EAST A DISTANCE OF 25.22 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 280.39 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 670.93 FEET, CENTRAL ANGLE IS 23'56'41" AND WHOSE CHORD BEARS NORTH 72'10'55" EAST A DISTANCE OF 278.36 FEET; THENCE NORTH 84'09'12" EAST A DISTANCE OF 96.10 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 26,094.76 sf. OR 0.60 ac. 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 PREPARED FOR 1861 OF PUBLIC WORKS FARMERS INDEPENDENT WCR 42 AT WCR 29 INTERSECTION PROJECT DITCH COMPANY PROJECT NO. BR-9I SCALE: CoUN T Y DATE: 6-17-14 DRAWN BY: JIIIIISHEET: I of2 EXHIBIT NE Ill* S29-T4N-R66W EXISTING 60' E 1/16 CORNER S29—T4N—R66W RIGHT—OF—WAY J. \Ic('I.I',I.LAN 2 1/2" A.C. STAMPED 2001 RD,BK.2/PG.259 ALLES LS#9644 IN MON. BOX -APR. 7, 1879 - + POC "\tp NE CORNER S29-T4N-R66W .0 _ S89'48'47"W 1328.87' 2 1/2" A.C. STAMPED 1995 BASIS OF BEARINGS ALLES LS#9644 IN MON. BOX WCR 412 S89'33'20W cc _.._. 30.00' ``,, C\\ N84-'09.12"E 96.10' CLINE \'� w POB .�� • co � PARCEL CONVEYED TO o cNi in \_.,,,4i� FARMERS INDEPENDENT NI .F, DITCH COMPANY cV) •1��'L 8.84 ,,N WELD COUNTY / of 60 , 5 W v �'Lb. �, 5I .10'2-4 Z RECP.;3981840 . 4�, N S85'35 38 W 146.8 �p .�IF. //� X69 0 �� ks) �. 005 N) �_ Si,' EXISTING 60' RIGHT-OF-WAY RD.8K.2/PG.259 APR. 7, 1879 CURVE TABLE - CI ROW DEED 30'-{ sic OFF EAST SIDE I LEN RAD DELTA CHD BR CHD 529-T4N-R66W 280.39' 670.93' 23'56'41" N72'10'55"E 278.36' S' N BK.163/PG.225 il AUG. 12, 1902 f f STREAR FARMS CO. RECP.#2312821 N I I NOTE: THIS EXHIBIT MAP DOES NOT I REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE E 1/4 COR. 529-T4N-R66W ATTACHED PROPERTY DESCRIPTION FOUND 3 1/4" ALUM. CAP ow ONLY. STAMPED LS#11399 2008 WELD COUNTY DEPARTMENT `v1/4 dik PREPARED FOR ...... 2.§62,4 ...- OF PUBLIC WORKS FARMERS INDEPENDENT WCR 42 AT WCR 29 11 � rtO v N INTERSECTION PROJECT DITCH COMPANY , ��J; �J'� ' PROJECT NO: BR-91 SCALE: I"=60' `��'.� ' f T Y -. 1111 � -- --- 1 �. DATE: 6-17-14 DRAWN BY: 111B SHEET: 2 ot'2 1' ,i �i' ri If , i r t ii 1 I 1 C r + III �� i t� �110II11tI��iI t,,, ,.r.� ri t}Iii 1C�� t;li la she �" t tyV �a [-':. (`� II I�� i ill ; �!' iii INDA • ' I' �'El �! t I' j�$b(k r 5P.Y '� _ Y a dY SP 1 i 101 I +R e32fi5 5t {f litih ilr! :,,1 + ,1 4 if kth 7 1 t, t a� x I, l �lit51�`�t 11)i i i I� .144 •• L AH °MAl*Cetr -11". P ® RNI ni 9 'r p" yy8 a7 tl 6�F�I. I t ., ER I z�� ) i +{� F 'im '+%R'k� FM } +aar- K 11 PROPOSED RIGHT ' - amad'd . ... n 1tRl 8-1 V/ V w Sfl9 .,. w`111I-I'tt ,]1519 — V /6[ _ O ^/I) �' 4.1.(1'.S.'''' xw. 51 b "�MR'FMtl�1f1MU ] �7 ""Y valiesta,*+ + 100000 ,„4.04garo, y aJW/ jARMI O fit , % 1 ✓ TERRYIEDEMAN ANICE Fe . _ 'A r / i�x / i Jr- RECD 12244037 @ ; PROPOSED /it 2+,(`j '.--' y , t� RIGHT-OF-WAY i'.9we c ...-4.1‘,1c,,,/,/,'.., G111 91fiA9sf. P t ym Ath OR 0.02 ac. fr Q� 4 < 6 } 1t sm6tnr co �_ szso n AYl -� 3td1 r � d ' U d ti ,',iii Sbr}i�- b` .ri } r y{ 5,,11.: 1 ti'' t i t i 11 . i 1. t 'ta , I . " , b ,. r„ i 1 t t r w 11".:11 1b z .� s-18144-1,scw y' ,�,j r7 WELD COUNTY PUBLIC WORKS DEPT. FINAL CONSTRUCTION PLANS FOR WCR 42/29A • STRUCTURE REPLACEMENT OVER FARMER'S INDEPENDENT DITCH AND ROAD PROJECT J., I- I L c., STASON FEET 1- •T1f 1' WCR 42 BEGIN PROFIT 50+00 '5"!I' 'It [J., WCR 42 END PROJECT 61400 1100 WCR 29 BEGIN PROJECT 10.50 WCR 29 ENO PROJECT 16303 550 OHCH BEGIN PROJECT 100.00 1 011tH END PROJECT 1013400 BW -w DESIGN DATA WCR 42 WCR 29 is . MINIMUM SIDE SLOPE 3:1 3:1 I E �' r yeyT;1pxe WEE mte11ON MAXIM POW nRem WJ554L 4G 50 NA w - rtuaw wn UV MAMMU GRADE 1.50% 2.YA4 i ♦ ura.RL A.P+]PMreww.... MINIMUM SSD HOR. 95 YA B R .MINIMUMa8]un MII@A SSD VERY. 495 ]EO 'i mwEAe 01980 MINIMUM DESIGN SPEED 55 MPH 45 MPH I W'R - amw WATER 1WW3FaxlsvR � I4I n ; 0L06568EW 20 YEAR PROJECTED DESCH TRAFFC VOLUME ,� u.l. J- v Owwn NCR a.Wu0PRNE%s[rs leir WCR A2 2708 i 'A APPROMATE Teen Willa PROMS WLR30 5]5 1 II wawa I.. v-_l- � l0 hi a LamaoMw awns wdEBa;men PRESENT PDT - -- wcRAz 603 .,,®ecA;we DesIGN Smin EA. Sze I_A.R»—sin au ee. E'/A\'\\b1T �6 A1L m I.warm c a rma WCR 02-12'PAVE LANE.T PAVE S T GRAVEL SHLO .� SMUT \h WCR 29-26'GRAVEL ROADWAY Canputer Flle lnmm,uan Index Revisions WELD COUNTY As Con5UeeU Pmfetl NoICMM wombs .avw2 ,w mown Wo WCR 42&WCR 29 ,ems Imiabilllecc PIPS „�w T.M1 nw. Dale. I 3343346.3 e_E.,,. .. E> wwM mu e. vox __ .884.4 _ W 1 . / . m_- I emu~, ...m..2 eiscrnosurimons in Tor un WCR 42 :.Ba.we.a.w,e STA 50+00 TO STA 61+00 calm— ooNo-ou.E ow.wouE awga oemwuw I o.N9 L3 ow. \oomocuw.uwEoauAmama WCR29 ^ . vswm.m* WCO S STA 12+00 TO STA 14+50 STA 10+50 TO STA 12+00 w minwt STA 14+50 TO STA 16+00 ram"•"'"°°"°"^'"� I ...=caw LC4P3ALan al aom mat \N. . ...5...••.• •...".••-.• • - : : : :5€ \°IALEGPwTOP "3B w+Ew.nm.L.IONORGIMATER •..w m • ExHatAT %ill: RELOCATED CANAL iLINIPCOWno,"' Sw ev Z`/y STA 100+00 TO STA 108+00 compute.^w m m. index mww m mm. a.. R. 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COUNTY of WELD, STATE of COLORADO 7 JANUARY,2013 "AFRO — SNEET OWES t Caret Sheet u1 Z 1 d; 4 4",vC*. . 6 :11Z.72:""'"'"' O Water N •P Profiles $,5><� �� w� e Water Un unDetails 4 a K� , o e nv Cathodic P..w.nnnsnvn�n OURS. 5V E ee_ -. I 1 tit C; j --;/---- VICIyfMAP E' 4 OWNER SURVEYOR OEOTECNNICALSOIL , ENGINEER..._ INVESTIGATIONS W CO Certification 811"trattu,L W 1L 4 \`` 'a1U'U. �o, It __.. Uwe Table _ - . „�! �?.°ice - `�`' r`f"`�.•rt.•^--''' , - �.:.�� ` r .� - .. us- i i�i w.`y-rte•'-- - - -. _ ' _ _ ' -..� --� " r ..r ,� roil 5, 1 L. -Y.. ; � ti — N J . � 1 l ,' , 1 -. us ao 3 i S t• I!i I .:, ;..'....41i: _.... .. • it :,....!•1..! _w - ;r " -• ::._ �� l ..7.1.7i.- REVIEW SET 1 I �' .,.. 7 .. s i 1 1 `t • . H g 1. i ' ill - nn x— ` 3 I I Dax DJ N 40 ' O h —i O O ., \‘:... '‘ FCR t• I, f vas 0 t' ci' Omp-n r F CJ -t3 x-<m •, O , 4 N t , m y.. ° . tj I `"T� �� — . „a 1, C x ) tt:y ism O s �..• 1 . -*i .5 . .. 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SPECIAL WARRANTY DEED THIS DEED,Made this day of ,201_, between the County of Weld, a body politic and corporate of the State of Colorado,by and through the Board of County Commissioners of the County of Weld, grantor, whose legal address is 1150 "O" Street, Greeley, Colorado 80631,hereinafter referred to as"Grantor"and Farmers Independent Ditch Company,a Colorado non-profit corporation with an office located at 3005 West 29 Street,Suite GI,Greeley, CO 80634,hereinafter referred to as,"Grantee": WITNESSETH, That the Grantor, for and in consideration of good and sufficient consideration, which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm,unto the Grantee,its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being in the County of Weld,State of Colorado,to wit: The real property described and shown in the attached Exhibit A TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity,of, in and to the above bargained premises with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantors, for Grantee and Grantee's successors and assigns, do covenant and agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee,and Grantee's heirs,successors,and assigns,against all and every person or persons claiming the whole or any part thereof, by, through or under Grantors, except taxes and assessments for the current year, payable January 1, 2015; those reservations of record; and specifically excepting that"Grant of Easement for Water Pipeline"made by Grantor to Central Weld County Water Conservancy District. Balance of this page intentionally left blank IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. COUNTY OF WELD,a body corporate and politic of the STATE OF COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ATTEST: WELD Deputy Clerk to the Board Douglas Rademacher,Chair STATE OF COLORADO ) ) ss. County of Weld County ) The forgoing instrument was acknowledged before me this_day of ,201_, by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld, a body corporate and politic of the State of Colorado. Witness my hand and official seal. My commission expires: Hello