HomeMy WebLinkAbout2.0 Subdivision Improvements Agreement1 111111 11111 1111111 1111 ini 11111 111111 111 11111 III 1111
699429 06/07/2006 07:50A B1807 P661 M ALSDORF
1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENT OF FINAL SATISFACTION
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that:
WHEREAS, Robin J. Fritzlan (hereinafter "Owner") entered into a Subdivision
Improvements Agreement (SIA) with the Board of County Commissioners of Garfield County,
Colorado (hereinafter "Board"), recorded in Book 1767 at Page 914 as Reception No.691348 of the
Garfield County records on January 30, 2006, for the improvements of Boom's Place Subdivision;
and
WHEREAS, a security in the form of a treasurer's deposit was delivered to the County in the
amount of $3,380.00 in order to secure the subdivision improvements to be constructed by the
Owner as required in the SIA; and
WHEREAS, the obligations of the Owner have been partially satisfied, as verified in the
attached statement from Chris Hale, Mountain Cross Engineering, Inc dated May 25, 2006, that work
has been completed consistent with improvements described in the Subdivision Improvements
Agreement.
NOW THEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the full satisfaction of the Subdivision
Improvements Agreement entered ' to by Owner and the Board for t - elease of security in the
amount of $3,380.00 for work complete. '41 sistent with improvemen desc bed in the Subdivision
Improvements Agreement.
STATE OF COLORADO )
COUNTY OF GARFIELD )
)ss
The foregoing instrument was acknowledged before ay of June, 200 , y John
Martin, as Chairman of the Board of County Commissioners of Garfiel ount : orado.
WITNESS my hand and official seal.
My commission expires
Aff
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111E11 11111 1111E1 1111 1111 III111111111111 11111 11111111
699429 06/07/2006 07:50A 81807 P682 M ALSDORF
2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
MAY 3 0 2006
May 25, 2006
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Security Release for Booms Place Subdivision
Dear Fred:
MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
It is the purpose of this correspondence to confirm the work performed to date for Booms Place
Subdivision, based on my observations on May 3, 2006. The attached Cost Estimate details the
work performed.
In the professional opinion of Chris Hale, as a professional engineer licensed in the State of
Colorado, #35964, and a representative of Mountain Cross Engineering, Inc, the total amount of
security could be released.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely,
Mounts Cross E
Chris Hale, PE
Attachment
eering, Inc.
C: Mrs. Shona Hoffineister, #625.2907
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
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699429
RS0 002D06 07:50A 0.00 GARFIELD7COUNTYMCOLS
DORF
Booms Place Subdivision
Engineers Opinion of Probable Construction Cost
May 25, 2006
Description
Quantity
Units
Price
Cost
aJo Complete
Remaining Cost
Roadway
Cut
50
CY
3.00
$ 150
100%
$ -
Fill
50
CY
3.00
$ 150
100%
$ -
Subgrade Preparation
1300
SY
0.85
$ 1,105
100%
$ -
Base Course (4")
35
TONS
25.00
$ 875
100%
$ -
Road Side Ditch
500
LF
1.00
$ 500
100%
$ -
Subtotal =
$ 2,780
Storm Drain
15" Culvert
25
LF
25.00
$ 625
100%
$ -
Riprap
4
CY
40.00
$ 160
100%
$ -
Drainage Ditch
1000
LF
1.00
$ 1,000
100%
$ -
Detention Pond
1
LUMP
1,000.00
$ 1,000
100%
$ -
Erosion Control
1
LUMP
250.00
$ 250
100%
$ -
Subtotal =
$ 3,035
Miscellaneous Construction
Replace Topsoil & Revegetate
1
LUMP
250.00
$ 250
100%
$ -
Mobilization (3%)
1
LUMP
181.95
$ 320
100%
$ -
Subtotal =
$ 570
Construction Contingency (5%)
1
LUMP
319.25
$ 320
100%
$ -
Total =
6,705
$ -
1. Cul and fill volumes are for the road only. Grading for pond assumed in pond price.
2. Road surface estimated at 4" base course.
3. Dry utility and gas costs are assumed to be by individual home owners. Installation is not included above.
4. Revegetation is based on disturbed area, estimated to be 0.7 acres.
5. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment. services furnished by others, or market conditions
therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost.
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699429 06/07/2006 07:50A B1807 P684 M RLSDORF
4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT
Subdivision
WHEREAS, ROBIN J. FRITZLAN entered into a 2005 Garfield County Treasurer's
Deposit Agreement with the Board of County Commissioners of Garfield County, Colorado
("BOCC") and the Treasurer of Garfield County, Colorado ("Treasurer") dated January 30, 2006
and recorded as Reception Number 691350 in Book 1767 at Page 938 of the Real Estate Records
of the Garfield County Clerk and Recorder ("Deposit Agreement"); and
WHEREAS, ROBIN J. FRITZLAN has presented certification to the BOCC from a
licensed engineer that construction of Improvements is final and in accordance with the
Subdivision Improvements Agreement between the BOCC and ROBIN J. FRITZLAN, recorded
as Reception Number 691348 in Book 1767 at Page 914 ("SIA").
NOW THEREFORE, at the request of ROBIN J. FRITZLAN and in consideration of the
premises and the prior agreements contained in the Deposit Agreement and the SIA, the BOCC
hereby:
Acknowledges full satisfaction of the security requirements of the SIA;
Authorizes disbursement of funds from the Garfield County Treasurer's Account in the amount
of $3,380.00, resulting in a remaining balance of $ -0-
Authorizes and directs
Treasurer's Account
All ST:
... L. •
!1erttbthe BoGtd
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s
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the Treasurer to release the funds held in
to an authorized representative
BOARD OF
GARFIE
COMMISSIONERS
TY, COLORADO
Bv:
Date:
Joh
rman
Subdivision ACKNOWLEDGMENT OF Satisfaction.rtf
the
of
• •
BOOMS PLACE SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS BOOMS PLACE SUBDIVISION IMPROVEMENTS AGREEMENT
("Agreement") is made and entered into this day of , 2005, by and
between ROBIN J. FRITZLAN, ( "OWNER") and the BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY, COLORADO ( the "County").
WITNESSETH:
WHEREAS, Owner is the developer of a parcel of real property known as the BOOMS
PLACE SUBDIVISION which property is depicted on the Final Plat of the BOOMS PLACE
SUBDIVISION (the "Final Plat").
WHEREAS, on September 12, 2005, the County approved a Preliminary Plan for the
BOOMS PLACE SUBDIVISION (Resolution No. , "Preliminary Plan Approval")
which would create four residential parcels; and
WHEREAS, as a condition of approval of the Final Plat for the BOOMS PLACE
SUBDIVISION, Owner wishes to enter into this Subdivision Improvements Agreement with the
County.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for
the BOOMS PLACE SUBDIVISION, subject to the terms and conditions of this Agreement, the
Preliminary Plan Approval, and the requirements of the Garfield County Zoning and Subdivision
Regulations.
2. OWNER'S PERFORMANCE. Owner has constructed and installed, or shall cause to be
constructed and installed, at Owner's expense, those subdivision improvements
("Improvements") related to the Final Plat for the BOOMS PLACE SUBDIVISION which are
required to be constructed under the Preliminary Plan Approval, this Agreement, and all
Garfield County Zoning and Subdivision Regulations. Owner shall comply with the following:
a. All Plat documents submitted prior to or at the time of Final Plat approval, all of which
are incorporated herein by this reference ("Final Plat Documents");
b. All requirements of the Preliminary Plat Approval, including all Garfield County Zoning
and Subdivision Regulations applicable to this project;
c. All laws, regulations, orders and resolutions of the State of Colorado, the County of
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Garfield, and any and all special districts within which the BOOMS PLACE
SUBDIVISION may be located;
d. All designs, specifications, drawings, maps, sketches, and other materials submitted by
Owner and their engineers in furtherance of the application for the approval of the
BOOMS PLACE SUBDIVISION, as heretofore approved by the County, including:
All Improvements shown on the BOOMS PLACE SUBDIVISION construction drawings
prepared by Mountain Cross Engineering, Inc. on October 3, 2005, and submitted to
Garfield County. Said Improvements include those items set forth on the certified
Engineer's Estimate of Cost of Completion, attached hereto and incorporated herein as
Exhibit A.
e. Payment of all fees required by the County and/or such other government authority or
special district with jurisdiction, as may be required for installation of the Improvements.
f. All such Improvements shall be completed before issuance of a building permit, and in
any event, before one year from the date of execution of this Agreement.
g.
The provisions of the Special Warranty Easement Deed and Agreement, dated August 1,
2002, between Owner and the City of Rifle, recorded as Reception No. 621794, in Book
1441, at page 372, a copy of which is attached and incorporated herein as Exhibit B
("City Water Agreement").
The County agrees that if all required improvements are installed in accordance with the
Final Plat documents, the requirements of the Garfield County Zoning Code, all other
requirements of this Agreement, and the requirements of the Preliminary Plan Approval, then the
Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision
Regulations of Garfield County, Colorado with respect to the installation of Improvements.
3. SECURITY FOR IMPROVEMENTS.
a. Letter of Credit. On or before the date of the recording of the Final Plat of BOOMS
PLACE SUBDIVISION with the Garfield County Clerk and Recorder, Owner shall deliver a
Letter of Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost of
completing the BOOMS PLACE SUBDIVISION Improvements, as set forth by a licensed
engineer on Exhibit A attached hereto is $6,705.00. Of that amount, construction and design
services in the amount of $3,325.00 have been completed and invoices for those amounts have
been paid. The engineer has set forth and certified those Improvements, as shown on Exhibit A,
to be complete. A Letter of Credit will be issued in the amount of $3,380.00 to guarantee
completion of the remaining Improvements.
The Letter of Credit required by this Agreement shall be issued by a state or national banking
institution acceptable to the County. If the institution issuing the Letter of Credit is not licensed
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in the State of Colorado and transacting business within the State of Colorado, the Letter of
Credit shall be "confirmed" within the meaning of the Uniform Commercial Code -Letters of
Credit §§ 4-5-101, et seq.,C.R.S., by a bank that is licensed to do business in the State of
Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of
Credit must be valid for a minimum of six (6) months beyond the completion date for the
Improvements set forth herein. If the time for completion of Improvements is extended by a
written amendment to this Agreement, the time period for the validity of the Letter of Credit
shall be similarly extended. Additionally, should the Letter of Credit become void or
unenforceable for any reason, including bankruptcy of the Owner or the financial institution
issuing or confirming the Letter of Credit, prior to acceptance of the Improvements, this
Agreement shall become void and of no force and effect, and the Final Plat shall be vacated
pursuant to the term of this Agreement.
b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of
Credit as portions of the Improvements required hereunder are completed to the satisfaction of
the County. Certification of completion of Improvements adequate for release of security must
be submitted by a licensed or registered engineer. Such certification authorizing release of
security shall certify that the Improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plat Documents.
Upon submission of a certification of completion of Improvements by the Owner, the County
may inspect and review the Improvements certified as complete, to determine whether or not
said Improvements have been constructed in compliance with the relevant specifications. If the
County determines that all or a portion of the Improvements certified as complete are not in
compliance with the relevant specifications, the County shall furnish a letter of potential
deficiencies to the Owner within fifteen (15) days specifying which Improvements are
potentially deficient. If no letter of potential deficiency is furnished within the said fifteen (15)
day period, all Improvements certified as complete shall be deemed accepted and the County
shall release the appropriate amount of security as it relates to the Improvements that were
certified as complete. If a letter of potential deficiencies is issued which identifies a portion of
the certified improvement as potentially deficient, then all Improvements not so identified in the
letter of potential deficiencies shall be deemed accepted and the County shall release the
appropriate amount of security as such relates to the certified Improvements that are not
identified as potentially deficient in the letter.
With respect to any Improvements certified as complete by the Owner that are identified as
potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County
shall have thirty (30) days from the date of the letter of potential deficiencies to complete its
investigation and provide written confirmation of deficiency to Owner. If the County finds that
the Improvements are acceptable, then appropriate security shall be released to the Owner within
ten (10) days after completion of such investigation. In the event the Improvements are not
accepted by the County, the Board of Commissioners shall make a written finding prior to
requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner
a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of
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Credit.
Upon completion of all Improvements, Owner shall submit to the Board of County
Commissioners of Garfield County as -built drawings bearing the stamp of Owner's professional
engineer certifying that all Improvements have been constructed in accordance with the
requirements of this Agreement, including all Final Plat Documents.
c. Substitution of Letter of Credit. The County may, at its sole option, permit the Owner to
substitute collateral other than a Letter of Credit acceptable to the County for the purpose of
securing the completion of the Improvements as hereinabove provided.
d. Recording of Final Plat. The Final Plat for BOOMS PLACE SUBDIVISION shall not be
recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has
been received and approved by the County.
5. INDEMNITY. To the extent allowed by law, the Owner agrees to indemnify and hold
the County harmless and defend the County from all claims which may arise as a result of the
Owner's installation of the Improvements required pursuant to this Agreement. However, the
Owner does not indemnify the County for claims made asserting that the standards imposed by
the County are improper or the cause of the injury asserted. The County shall be required to
notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and shall afford the
Owner the option of defending any such claim or action. Failure to notify and provide such
written option to the Owner shall extinguish the County's rights under this paragraph. Nothing
herein shall be interpreted to require the Owner to indemnify the County from claims which may
arise from the negligent acts or omissions of the County or its employees.
6. WA'1'LR SYSTEM. It is specifically understood and agreed that City of Rifle water taps
are available for use on all lots within Booms Place and that one water tap is activated and in use
for Lot 3. Water taps for domestic and irrigation usage are available for Lots 1,2 and 4 through
the City of Rifle municipal system, as detailed in Paragraph 3 of the City Water Agreement,
Exhibit B. Owner affirms that the Final Plat includes notice of the application of the City Water
Agreement to Booms Place as a plat note and that Owner will provide written notice to all
potential purchasers of the availability of taps, the expiration date of the City Water Agreement
as to provision of taps without payment of the City Water System Improvement Fee, the liability
of purchaser for cost of connection and compliance with the Rifle Municipal Code and the Public
Works Manual, and the imposition of out -of -city water rates pursuant to the Rifle Municipal
Code until annexation of the lot(s) into the City.
7. SALE OF LOTS. No parcels within the BOOMS PLACE SUBDIVISION may be
separately conveyed prior to recording of the Final Plat in the records for the Garfield County
Clerk and Recorder.
8. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for
breach of this Agreement, the County may withhold issuance of building permits for any
residence or other habitable structure requiring a permit, [and any structures requiring building
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permits on the Open Space/Common Area parcels] to be constructed within the Subdivision.
Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of
the City of Rifle Fire Protection District ("District") that there is adequate water available to the
construction site for the District's purposes [and all applicable District fees have been paid to the
District]. Further, the parties agree that no certificates of occupancy shall issue for any buildings
or structures, including residences, within the Subdivision until all on-site [and off-site]
Improvements have been completed and are operational as required by this Agreement.
9. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute,
the withholding of building permits and certificates of occupancy, and the provisions for release
of security detailed above, it is mutually agreed by the County and the Owner that the County,
without making an election of remedies, or any purchaser of any lot within the Subdivision shall
have the authority to bring an action in the Garfield County District Court to compel
enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to
require the County to bring an action for enforcement or to withhold permits or certificates or to
withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be
interpreted to permit the purchaser of a lot to file an action against the County.
10. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms
of this Agreement, the County shall have the ability to vacate the Final Plat as it pertains to any
lots for which building permits have not been issued. As to lots for which building permits have
been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall
provide the County a survey, legal description and a plat showing the location of any portion of
the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and
Recorder. If such plat is not recorded by the Owner, the County may vacate the plat, or portions
thereof, by Resolution.
11. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the
Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts,
and parcels within the Subdivision. Such recording shall constitute notice to prospective
purchasers or other interested parties as to the terms and provisions thereof.
12. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Owner and the County.
13. PEES IN LIEU OF DEDICATION OF SCHOOL LAND. The Owner shall make a cash
payment in lieu of dedicating land to the RE -2 School District, calculated in accordance with the
Garfield County subdivision regulations and the requirements of state law. [The cash in lieu
payment is equal to the unimproved per acre market value of the land multiplied by the land
dedication standard, multiplied by the number of units in the Subdivision]. The Owner and the
County acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as
$200.00 per unit.
The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time
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of recording of the Final Plat, $600.00 as a payment in lieu of dedication of land to the RE -2
School District. Said fee shall be transferred by the County to the school district in accordance
with the provisions of §30-28-133, C.R.S., as amended, and the Garfield County subdivision
regulations.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation,
and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee.
The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to
recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land
dedication to the RE -2 School District.
14. NOTICES. All notices required or permitted by this Agreement shall be in writing and
shall be deemed effective when received by the recipient party via personal delivery, facsimile
transmission, United States certified mail, postage prepaid, return receipt requested, by
messenger or by overnight delivery service, in all cases addressed to the person for who it is
intended at their address and facsimile numbers(s) set forth below or to such other address as a
party shall have designated by notice in writing to the other party in the manner provided by this
paragraph:
If to Owner:
If to the County:
Robin J. Fritzlan
1582 County Road 233
Rifle, Colorado 81650
Board of County Commissioners
c/o Mark Bean, Garfield County Planning Director
108 Eighth Street, Room 201
Glenwood Springs, CO 81601
15. AMENDMENT. This Agreement may be amended or modified from time to time, but
only in writing signed by the parties hereto.
16. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or
related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and
this Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date
first set forth above.
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD, STATE OF COLORADO
By:
Print Name:
Chairman
6
A'1'I'EST:
Mildred Alsdorf, Clerk and Recorder
Garfield County, Colorado
STATE OF COLORADO
)ss.
COUNTY OF GARFIELD
ROBIN J. FRITZLAN
Subscribed and sworn to before me by ROBIN J. FRITZLAN, this day of , 2005
WITNESS my hand and official seal.
My commission expires:
Notary Public
7
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Booms Place Subdivision
Engineers Opinion of Probable Construction Cost
December 13, 2005
EXHIBIT
Description
Quantity
Units
Price
Cost
% Complete
Remaining Cost
Roadway
Cut
50
CY
3.00
$ 150
100%
$ -
Fill
50
CY
3.00
$ 150
100%
$ -
Subgrade Preparation
1300
SY
0.85
$ 1,105
100%
$ -
Base Course (4")
35
TONS
25.00
$ 875
100%
$ -
Road Side Ditch
500
LF
1.00
$ 500
0%
$ 500
Subtotal =
$ 2,780
Storm Drain
15" Culvert
25
LF
25.00
$ 625
100%
$ -
Riprap
4
CY
40.00
$ 160
0%
$ 160
Drainage Ditch
1000
LF
1.00
$ 1,000
10%
$ 900
Detention Pond
1
LUMP
1,000.00
$ 1,000
0%
$ 1,000
Erosion Control
1
LUMP
250.00
$ 250
0%
$ 250
Subtotal =
$ 3,035
Miscellaneous Construction
Replace Topsoil & Revegetate
1
LUMP
250.00
$ 250
0%
$ 250
Mobilization (3%)
1
LUMP
181.95
$ 320
100%
$ -
Subtotal =
$ 570
Construction Contingency (5%)
1
LUMP
319.25
$ 320
0%
$ 320
Total =
6,705
$ 3,380
1. Cut and fill volumes are for the road only. Grading for pond assumed in pond price.
2. Road surface estimated at 4" base course.
3. Dry utility and gas costs are assumed to be by individual home owners. Installation is not included above.
4. Revegetation is based on disturbed area, estimated to be 0.7 acres.
5. Mountain Cross Engineering, Inc. has no control over the cost of labor, materials, equipment, services furnished by others, or market conditions
therefore does not guarantee that proposals, bids, or actual construction cost will not vary from the above opinion of cost.
Dec, 14, 2005 9:52AM
•
LeMolne and Burwell, P C
SPECIAL WARRANTY EASEMENT DEED AND AGREEMENT
THIS SPECIAL WARRANTY EASEMENT DEED A.ND AGREEMENT ( "Agreement")
is entered into this 1' day of August, 2002 by and between ROBIN J. FRITZLAN, whose
address is 1582 County Road 233, Rifle, Colorado 81650 ("Grantor") and the CITY OF RIFLE,
a home -rule municipality, whose address is P.O. Box 1908, Rifle, Colorado 81650 (the
"City")
WITNESSETH:
WHEREAS, the City requires a water storage tank to serve. the upper pressure zone in
the City; and
WHEREAS, on January 29, 1999, Pritzlan and the City entered into a Water Storage
Tank Option Agreement which was recorded with the Garfield County Clerk and Recorder as
Reception No., 540986 (the "Option Agreement") to obtain a utility easement overro e
rty
owned by Fritzlan as described in the instrument recorded with the Garfield County Clerk andd
Recorder as Reception No. 429294 in Book 817 at Page 84 (the "Property"); and
WHEREAS, the City and Fritzlan subsequently extended the option period in the Option
Agreement two times on Ianuary 19, 2000, recorded with the Garfield County Clerk and
Recorder as Reception No. 559384, and January 31, 2002 recorded with the Garfield County
Clerk and Recorder as Reception No. 576544 (collectively "Option Extensions"); and
WHEREAS, the City exercised its option under the Option Agreement and Option
Extensions and the parties desire to fulfill their respective obligations pursuant to the terms and
conditions of the Option Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, and for other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are true and correct anti are
incorporated herein by this reference.
2. Grant of Easements On Over and Across the Property. Grantor, for and in
consideration of four (4) City of Rifle water taps discussed in Paragzaph3 below, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and confirm, unto the City, its successors and assigns forever, the easements depicted on Exhibit
A. attached hereto and incorporated herein by this .reference sad described as follows:
a. Water Tank Easement: a perpetual and exclusive Water Tank Easement, as more
particularly described on Exhibit B attached hereto and incorporated herein by this
reference, for the installation, operation, maintenance, repair and replacement of a Water
Tank and appurtenant facilities and associated utilities. The City•shall have the right to
fence the Water Tank Easement to prevent third party access to the tank site, Grantor
shall have no liability to the City for damage to the Water Tank and appurtenant facilities
and associated utilities caused by Grantor's domestic livestock, it being the City's sole
1120021Clian ts\RIFLE1R.-Z\(62) FrifrJanI F'7ment. wpd
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Deo. 14. 2005 9:52AM •er, LeMoine and Burwel 1, P C
•No. 4822 '' 11
responsibility to adequately fence its facilities and utilities. If, however, Grantor intends
to keep exotic animals, not excluded by a normal livestock fence, it shall be Grantor's
responsibility to construct and maintain any additional or extraordinary fence required
to adequately protect the City's facilities and utilities.
b. Water Tank Access Easement: a perpetual and nonexclusive twenty foot (20')
wide Water Tank Access and Utility Easement, as more particularly described on Exhibit
C attached hereto and incorporated herein by this reference, over and across the
Property, for the City's access to the City's water facilities located on and through the
Property and installation of associated utilities. Grantor reserves unto herself, her
successors and assigns, the right of access on or across. the Access Easement in common
with the City, except Grantor shall not interfere with the City's use or the purpose of the
Water Tank Access Easement and no physical structures (not including fences or gates)
or equipment shall be built, located, stored or maintained within the Water Tank Access
Easement.
c. Waterline and Utility Easement: a perpetual and nonexclusive twenty foot (20')'
wide Waterline and Utility Easement, as more particularly described on Exhibit D
attached hereto and incorporated herein by this reference, over and across the Property,
for the installation, operation, maintenance, repair and replacement of a waterline and
associated utilities, including the right of access thereto. Grantor reserves unto herself,
her successors and assigns, the right of access on or across the .Waterline and Utility
Easement in common -with the City, except Grantor shall not interfere with the City's use
or the purpose of the Waterline and Utility Easement and no physical structures (not
including fences or gates) or equipment shall be built, located, stored' or maintained
within the 'Waterline and Utility Easement.
d. Drainage Easement: a perpetual and nonexclusive Drainage Easement, as more
particularly described on Exhibit E attached hereto and incorporated herein by this
reference, over and across the Property, for the operation, maintenance, repair and
replacement of water tante, waterline and associated utilities located on and through the
Property. Grantor reserves unto herself, her successors and assigns, the right of access
on or across the Drainage Easement in common with the City, except Grantor shall not
interfere with the City's use or the purpose of the Draivage Easement and no physical
structures (not including fences or gates) or equipment shall be built, located, stored or
maintained within the Drainage Easement.
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 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 the City, its successors and assigns forever. Grantor, for herself, her heirs
and personal representatives or successors, do covenant and agree that she shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the City, its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through or under Grantor.
1:L20021Ciierts1RIRIAR-21(62)Friszlan1Easementwpd
111111111111IlS111111101111111111111111lli,iEil�ii�
2
Dec. 14.. 2005 9:53AM er, LeMo ne and Burwe11, P C ! No, 4822 P. 12
3. -lwour (4) City of Rifle Water Taps. In consideration for Grantor's conveyance of
the above easements, the City hereby grants to Grantor four (4) single-family out -of -City water
taps to be used. exclusively on the Property, which consists of a sixty (60) acre parcel; provided,
however, Grantor, or her successors or assigns, must request and use the four (4) single-family.
out -of -City water taps within fifteen (15) years from the date of water tap availability, after
which date any unclaimed water taps shall expire. Date of availability of water taps shall be
determined by recording of a notice by the City, identifying the property and stating that water
taps are available as of a specified date and setting forth the date upon which the right to said
water taps will expire. The four (4) taps granted herein do not require the payment of the water
system improvement fee imposed by Title 10 of the Rifle Municipal Code or any payment of a
one-time pressure zone surcharge or special assessment. The cost of connecting any taps to the
City water lines shall be borne by Grantor and all construction shall be in compliance with the
Rifle Municipal Code and the Public Works Manual. Any water taps claimed by Grantor shall
be subject to out -of -city water rates pursuant to the Rifle Municipal Code until the property to
which the tap is appurtenant is annexed to the City, after which event Fritzlan will be charged
in -City water rates.
.4. Improvements to Water Tank Access Easement and Maintenance. The City, in
conjunction with the construction of the water tank, shall improve the Water Tank Access
Easement, at its sole cost, with grading and a gravel surface and appropriate drainage facilities.
The City shall have no obligation for further maintenance of the Water Tank Access Easement,
except to repair damage caused by the City and except as determined necessary by the City for
the City's uses. Grantor shall have no 'obligation to maintain the Access Easement, except to
repair damage caused by Grantor and except as determined necessary by Grantor for Grantor's
uses. The City shall perpetually maintain the dr 'nage structure(s) installed by the City.
5. . Revegetation of Construction Areas. After the construction of the water tank,,
waterline and appurtenant utilities, the City agrees that it shall revegetate all areas disturbed by.
its construction activities, using native drought -resistant grasses similar to those that are growing
on the Property., Any fences disturbed by City's construction activities shall be replaced in as
good or better condition as existed prior to construction.
6. Easements Shall Not Be Relocated. The Easements granted .herein and
improvements located thereon shall not be relocated, moved or altered without the express
written consent of the City.
7. Binding Effect. This Special Warranty Easement Deed and Agreement shall be
a covenant running with the Property and the rights and obligations as contained herein shall be
binding upon and inure to the benefit of the parties and their successors and assigns,
8. Severability. If any covenant, term, condition or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in, any respect, such covenant, term, condition or provision shall be severed or modified to the
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
9.. Recordation. This Special Warranty Easement
recorded by the City at is expense iu the Office of the 'Garfield
10. Merger. This Deed and Agreement supercedes
3
1:12002\ Clic mistRIFLart-2 .(62)Rimixt \ Ease roe= wpti
1111111 III11 111111 111 111111 11111 1111111 III 1111 i1111111
Deed and Agreement shall be
County Clerk and Recorder.
and incorporates all terms and
.Dec. 14., 2005 9:53AM Oe r, LeMo l ne and Burwell, P C • No. 4822 P. 13
provisions of the Option recorded as Reception No. 540986 and Option Extensions recorded as
Reception Nos. 559384 and 576544, which Agreements and Options shall have no further effect
after recordation of this document.
11. Reversion and Attorney Fees, In the event the City has not commenced
construction of the tank within two (2) years of recording of this Deed, the property interests
conveyed shall automatically revert to the Grantor, or her successors and assigns. "Recording
of the Notice of Water Tap Availability shall terminate this reversion right. Should this
Agreement become the subject of litigation to resolve a claim of default in performance by either,
Party, the prevailing parry shall be entitled to attorneys fees, expenses and court costs. All
rights concerning remedies and/or attorneys fees shall survive any termination of this
Agreement.
12. Indemnification. Grantor has no obligation or responsibility to safeguard City's
facilities and utilities located on the Easements described herein. The City hereby agrees o
indemnify and hold harmless Grantor from any liability, expense, or loss, including reasonable
attorneys fees, costs and expenses of litigation, arising out of the City's use and occupancy of
the Easements described herein.
13. Subordination.. By its signature below, Banker's Trust Company hereby consents
to the granting of these Easements and subordinates its lien evidenced by its deed of trust
recorded August 2, 1999 in Book 1142 at Page 848 with the Garfield County Clerk and
Recorder to the Easements granted herein.
WHEREFORE, the parties hereto have executed this SPECIAL WARRANTY
EASEMENT DEED AND AGREEMENT on the day and year first written above.
DBUUTS cxIE:
B
For.
44
By:
CITE' OF RIFLE:
GRANTOR:
g; ;�:..,,.....,:ObiRt 44 4KA
Fri an
ANY, as Trustee By
454
'.Residential Funding Corp, Attorney In Fact
sr,
Ax *w:
" n y:
1:VCC 1CansslR.IFi h1i2,.2t(6 PO-lanl: uiellt-
gnt Secretary
1111111 1111111111111111111111111 111111111111111111111
Dec.14. 2005 9:54AM •er, LeMolne and Burwell, P C • No.4822 P. 14
STATE OF COLORADO )
COUNTY OF ) ss..
Ro (7 3 Acknowledged, subscribed, and sworn to before me this day of
`2@82_,byJ 2 _ as Mayor and{,t) R hC /�e..,Ski as City Clerk, City of
Colorado.
WITNESS. uiy hand and official seal.
My Commission expires: _ I I - 04
STATE, OF COLORADO
COUNTY OF
) ss.
Acknowledged, subscribed, and sworn to before me this 1 A day of
by Robin J. Fritzlan, Grantor.
WITNESS my hand and official seal.
My Commission expires: '7 - c2Cl 6
tary z blic
STATE OF California )
COUNTY OF Los Angeles))
ss.
Acknowledged, subscribed, and sworn to before ism this 17th day of January
2002, by den , a3 Assistant SecreetAanker'S Trust Company.
WITNESS my hand and official seal.
My Commission expires:
MICHELLE R. DALE
Commission 2 1353748
Notary Public - California
Los &voles County
My Corrnn, Expires Jun 25, 2C05
*Deutsche Bank Trust Co,. FKA Bankers Trust
Co. 'as Trustee by REsidential Fuuding Corp
Attorney In Fact
IA20021ClienzARIF'LE1R.-21(62)FritlankPAr ntwpd
1 II1I1I VIII n1111 111 1i11►1 1nii iuini iu ism imii •
5
Public
Ile R. Dale
Dec. 14, 2005 9: 54AM •e r, LeMo l ne and Burwell, P C • No, 4822
r Mev to-sVO'{V
EXHIBIT
MJ YER
Fr—i—
fl
1 II111111111111111 ill 111111 11111 iiiiif ifs [laic iii 1111
FRITZLAN, R D.
s
NOT TO.SCALE
-Dec. 14. 2005 9:54AM •er, LeMo ne and Burwell, P C • No. 4822 P. 16
SCHMUESER l GORDON I MEYER
ENGINEERS -'b. SURVTOR5
EJCHIBIT
0LE::WCK`4 jPRIHG& .\5PPN CRESTED BUTTE
1 1 a w. Bow, su1TE Zoa P.O. Box 2 155 P.O. Box 3059
oLENwppo srRINCS, CO a 1 541 A5P5N. CO B 151 2 CR!srr.° pITTC• Ga 6I Z2a
970-S45.100;4 - 970-925.6727 ' 97O 3.4-5355
FX: 970.949•59441 FX: 970.925.4157 .FX: 970.34,9.5396
14 July 2002
99055a-86
WATER TANK EASEMENT •
A parcel of land situated within ail that real property recorded at Book 817 Page 846 also
being in the SW1/4 NW 1/4, Section 2, Township 6 South, Range 93 West of the 6th
Principal Meridian, Garfield County, Colorado being more particularly described as
follows;
Beginning at a point on the north line of the SW1/4NW1/4 of said Section 2 from which
the North 1/16 Corner of said Section 2 bears S8953444'W a distance of 615.71 feet,
with all bearings being relative to a bearing of N89°$4'44°E between the North 1/16
Corner and the -NW 1/16 Corner of said Section 2; thence N89°34'44"E a distance of
257.43 feet along the north line of said SW1/4NW1/4; thence SO°00'00"E a distance of
175.07 feet; thence S45°00'06"W a distance of 88.50 feet; thence N50°55'24"W a
distance of 251.00 feet; thence N0°00'00"E a distance of 77.53 feet to the point of
beginning, containing 1.000 acres, more or less..
Q:\1999199055A-86\NEwatertank.doc
1 1111111111111111111# 111111 1111 1111111 in 11111 11111 r�ri
Dec. 14. 2005 9:54AM Ser, LeMoine and Burwe11, P C • No. 4822 , '7
•
14 July 2002
99055a-86
WATER TANK ACCESS EASEMENT
A strip of land situated within a parcel of land recorded at Book 817 Page 846 also being
in the SE1/4NE1/4 of Section 3 and the SW1/4 NW1/4 of Section 2, all in Township 6
South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado being
more particularly described -as follows;
Easement shall be a strip of land twenty feet (20') in width centered upon and extending
ten feet (101 from either side of the following described centerline, in such a manner that
at all angle points along the centerline and at the point of beginning, the exterior
boundary lines of the strip shall be lengthened or shortened as necessary to form a
continuous strip exactly twenty feet (20') in width.
Beginning at a point on the west boundary of said parcel land from which the Northwest
Comer of said parcel bears N00°02'41"W a distance of 10.03 feet and the N1/16 Cornier
of Section 2 and 3 bears N88°50110°E a distance of 615.71 feet,'with all bearings being .
relative to a bearing of N89°34'44"E between said North 1/16' Comer and the NW 1/16
Corner of said Section 2; thence.N89°46'00"E a distance of 327.20 feet along a line ten
feet (10') south and parallel with the northerly property line of said parcel; thence 47.24
feet along the arc of a curve to the right, having a radius of 50.00 feet, a central angle of
54°07'481' and subtending a chord bearing S63°10'06"E a distance of 45.50 feet; thence
S36°0612"E a distance of 58.35 feet; thence 39.81 feet along the arc of a curve to the
left, having a radius of 100.00 feet, a central angle of 22°48'27" and subtending a chord
bearing S47°30'26"E a distance of 39.54 feet; thence S58°54'39"E a distance of 229.61
feet; thence 20.52 feet along the arc of a curve to the right, having a radius of 500.00
feet, a central angle of 2°21'05" and subtending a chord bearing S57°44'07"E a distance
of 20.52 feet; thence 556°33134"E a distance of 178.53 feet; thence 33.26 feet along the
arc of a curve to the left, having a radius of 100.00 feet, a central angle of '19°03'22" and
subtending a chord bearing S66°05'16"E a distance of 33.11 feet; thence S75°36'57"E a
distance of 45.49 feet; thence 79.75 feet along the arc of a curve to the right, having a
radius of 85.00 feet, a central angle of 53°45'31" and subtending a chord bearing
S48°4411"E a distance of 78.88 feet; thence S21 °51'25"E a distance of 97.68 feet;
thence 70.87 feet along the arc of a curve to the left, having a radius of 150.00 feet, a
central angle of 27°04'13" and subtending a chord bearing S35°23'32"E a distance of
70.21 feet; thence S48°55'39'E a distance of 231.12 feet; thence 167.92 feet along the
arc of a curve to the left, having a radius of 300.00 feet, a central angle of 32°04'10" and
subtending a chord bearing S64°57'44"E a distance of 165:73 feet; thence S80°59'49°E
a distance of 12.72 feet; thence 53.55 feet along the aro of a curve to the right, having a
radius of 50.00 feet, a central angle of 61°21'49" and subtending a chord bearing
1111111 11111 Mil m rnitarr r..im r}■i..t r_._.._...__
.Dec. 1 2005 9:55AM •er, !elkine and Burwel i, F C •
SCHMUESER GORDON : MEYER
z N c I N E E R 5
EXHIBIT
2,51g 2.
�.J.:N19y:'R LIPPlhi�.,r
I D W fiTl1. sures 200
cLLHWOO° 5►R1N5, co $1801
P70-9-45.1064
FX; 070.2-09.3448
No. 4822
l9PCH
P.O. aces 2155
.6.5/..04, co 91 612
970-925.8727
Fx: 974-925.4137
CAE.rrea aurrg
A.O. net( 3088
CRESTED ourrf CO 81 224
470.349"5355
rX: 470,340-5358
S50°18'55"E a distance of 51.03 feet; thence S19°38'00'E a distance of 44.93 feet;
thence 178.59 feet along the arc of a curve to the left, having a radius of 250.00 feet, a
central angle of 40°55'45° and subtending a chord bearing S40°05'53"E a distance of
174.81 feet; thence S60°33'45"E a distance of 90.74 feet; thence 18.52 feet along the
arc of a curve to the right, having a radius of 150.00 feet, a central angle of 7°04'22" and
subtending a ,chord bearing S57°01'34"E a distance of 18.50 feet; thence S53°29'23"E a
distance of 55,00 feet; thence 121.79 feet along the arc of a curve to the left, having a
radius of 50.00 feet, a central angle of 139°33'57" and subtending a chord bearing
N56°43'38" E a distance of 93.84 feet; thence N13°03'20"W a distance of 117.29 feet;
thence 87.79 feet along the arc of a curve to the right, having a radius of 150.00 feet, a
central angle of 33°31'57" and subtending a chord bearing NO3°42'38"E a distance of
86.54 feet; thence N20°28'37°lY a distance of 45,91 feet; thence 144.50 feet along the
arc of a curve to the left, having a radius of 150.00 feet, a central angle of 55°11'39" and
subtending a chord bearing,N07°07'13"W a distance of'138.98 feet; thence
N34°43'02"W a distance of 135.85 feet; thence '59.47 feet along the arc of a curve to the
right, having a radius of 1000.00 feet, a central angle of 03°24'27" and subtending a
chord bearing N33°00'49' W a distance of 59.46 feet; thence N31 °18`35"W a distance of
303.93 feet to a point on the southeast line of tank easement from which the NW1/16
Corner of said Section 2 bears N65°05'o0"E a distance of 551.27 feet, containing 1.422
acres more or less.
Q: l l999t99055A-851NE-rifle-access-eas 1. doc
1 11El1111in 111!11 MMI 111111 Iiili iiiiiir ►r, ■r,r■ r.i, 1111111
Dec,14. 2005 9:55AM fiber, LeMolne and Burwell, P C
z
SCHMUESER 1 CORDON 1 MEYER
ENGINEERS S SURVEYORS
EXHIBIT
No.4822
��L�:3�•7L•C4 iPRIT:C.'. 1SP1=71
115 w. 67x1. sUrrE ZOO P.O. Box Z 15$
GLENWOOo SPRINGS, GOA 1 Bo I nsPCN. CO 81812
870.945-) 004 970924-6727
r)C:
970-945-594S PX1 970-925-4157
14 July 2002
99055A-86
cRZeiEO au'-
P.O. BOX 30/5g
vRCSTED stnTG. Go 9 t 224
970'349.3335
FX 5170-349.3355
WATER LINE AND UTILITY EASEMENT
• A strip of land situated within a parcel of land recorded at Book 817 Page 846 also being
in the SE 1/4 NE 1/4 of Section 3 and the SW1/4 NW 1/4 of Section 2, all in Township 6
South, Range 93 West of the 6th Principal Meridian, Garfield County, Colorado being
more particularly described as follows:
Easement shall be a strip of land twenty feet (201) in width centered upon and extending
' ten feet (10') from either side of the following described centerline, in such a manner that
at all angle points along the centerline and at the point of beginning, the exterior •
boundary lines of the strip shall be lengthened or shortened as necessary to form a
continuous strip exactly twenty feet (201) in width.
Beginning at a point on the west boundary of said parcel of land from which the
Northwest Corner of said parcel bears.N00°02'41"W a distance of 10.03 feet and the
N1/16 Corner of said Section 2 and 3 bears N88°50'10"E a distance of 615.71 feet, with
all bearings being relative to a bearing of N39°3414.4"E between said N1/18 Corner and
the NW1/16 Corner of said Section 2; thence N89°46100"E a distance of 615.79 feet
along a line ten feet (101 south and parallel with the northerly property line.of said
parcel; thence N89°34'44"E a distance of 615.50 feet along a line ten feet (10') south
and parallel with the northerly property line of said parcel to a point on the westerly
boundary of tank site easement and said NW1/16 Corner of said Section 2 bears
N88°45'52"E a distance of 703.65 feet containing 0.565 acres more or less,
Q:11999199055A-861NErifle-h2Q-line-eas 1. doc
-111,1111!11,11I111 JIi 11111 11111 111111! 11! 111111 111 1111
Dec. 14. 2005 9:55AM tier, Lelleine and Burwell, P C
r t)
SCHMUESER GORDON MEYER
y' ENGINEERS S SURVEYOR 5
EXHIBIT
• No.4822 P. 20
. _c.TILYC`L`0 £..4.1C3 ; :,:t.s"TEC hula'
t 5 W. 5Th. surrt 200 P.c. BOX 2155 P.0 BOO( 3085
GLENWQQO SPRIHa$. CO 51601 AarCN. CO 5 15 t 2 enc. -1-a° ELr,7G. CO 812 e4
870.945-1004 9704.1Z5.8727 B70.349-9356
FX: 970.945-5948 FX: 975-p85-41157 fx: 970-348-5.356
15 July 2002
99055a-86
Revised
31 July 2002,
16 Sep. 2002
DRAINAGE EASEMENT
A parcel of land situated within all that real property recorded at Book 817 Page 846 also
being in the SW1/4 NW 1/4, Section 2, Township 6 South, Range 93 Wast of the 6th
Principal Meridian, Garfield County, Colorado being more particularly described as
follows:
Beginning at a point from which the NW 1/16 Comer of said Section 2 bears
N42°25'38"E a distance of 543.66 feet, with all bearings being relative to a bearing of
N89°34'44"E between the North 1/16 Corner and the NW1/16 Corner of said Section 2;
thence 574°28'59°E a distance of 15.00 feet; thence 515°31'01'W a distance of 240.38
feet; thence S21°28'28'W a distance of 107.93 feet thence S16°54'04°W a distance of
42.89 feet; thence S61 °47'42"W a distance of 102.51 feet; thence S28°32153"E a
distance of 22.92 feet; thence 554°25'29"W a distance of 105.45 feet; thence
N35°34'31 °W a distance of 70.00 feet to a point from whence,the North 1/16 Corner
bears N37°17'02HW a distance of 1041.48 feet; thence N54°25'29'E a distance of 74.26
feat; thence S8Q°46'29"E a distance of 36.60 feet; thence S59°59`13"E a distance of
6.18 feet; thence N61 °47'42"E a distance of 103.77 feet; thence N16°54104"E a distance
of 37.29 feet; thence N21 °28'28'E a distance of 107.74 feet; thence N15°31'01 °E a
distance of 239.60 feet; to the point of beginning, containing 0.328 acres, more or less.
Q:\1999\99055A-861NEwatertankDRAINAGE-rev2.doc
1111111 II111111111111 lint! 111111111!111111111111111111