HomeMy WebLinkAbout2021 Ordinance No. 001
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BY AUTHORITY
ORDINANCE NO. 1 COUNCIL BILL NO. 59
SERIES OF 2020/2021 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE ACCEPTING A GRANT OF A TWENTY-FIVE YEAR
NON-EXCLUSIVE EASEMENT FROM THE STATE OF COLORADO,
DEPARTMENT OF NATURAL RESOURCES FOR THE
CONSTRUCTION AND MAINTENANCE OF THE BIG DRY CREEK
DIVERSION STRUCTURE, PIPELINE, AND OUTFALL FACILITY
INCLUDING HYDROPOWER TO THE CITY OF ENGLEWOOD,
COLORADO
WHEREAS, the State of Colorado by and through the Department of Natural
Resources, hereinafter referred to as "Grantor", is the owner in fee simple of certain
property and right-of-way along the South Platte River in the City of Englewood;
WHEREAS, the City of Englewood, hereinafter referred to as "Grantee", owns and
operates a water treatment plant with its Union Avenue intake located on the South Platte
River downstream of the confluence of Big Dry Creek and the South Platte River;
WHEREAS, the Englewood Allen Filter Plant serves the water needs of
Englewood citizens as well as residents outside of the Englewood city limits;
WHEREAS, the water consumers served by the Allen Water Treatment Plant have
expressed a desire for softer water for their consumptive use;
WHEREAS, waters carried by Big Dry Creek directly impact the hardness and
quality of the water the City diverts for consumptive use, and creates treatment issues at
the Allen Filter Plant;
WHEREAS, in order to mitigate the impact of the waters carried by Big Dry Creek
a diversion structure, pipeline and hydropower facility will divert Big Dry Creek water
around the Union Avenue intake resulting in better raw water being diverted for treatment
at the Allen Filter Plant;
WHEREAS, the City Council of the City of Englewood passed Ordinance No. 41,
Series of 2017, authorizing an intergovernmental agreement with the Urban Drainage and
Flood Control District to construct the Big Dry Creek Diversion Pipeline and hydropower
vault;
WHEREAS, the State of Colorado by and through its Department of Natural
Resources has agreed to grant a twenty-five-year (25) easement to the City in order for
the City to complete the pipeline structure and hydropower facility as set forth in Exhibit A,
attached hereto;
WHEREAS, the Colorado Water Conservation Board approved the Easement
Agreement at their November 19, 2020 meeting;
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WHEREAS, the acceptance of the Easement from the State of Colorado will allow
the City of Englewood to complete the construction of the diversion project;
WHEREAS, the Englewood Water and Sewer Board at its November 10, 2020
meeting approved the Easement and recommended that it be forwarded to the Englewood
City Council for approval; and
WHEREAS, the City will pay to the State of Colorado a one-time payment of forty-
thousand four hundred twenty-five dollars ($40,425) for the easement, funds for the
payment come from the Utilities Department's Raw Water Supply Fund Budget, line item
number 40-1601-61261.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The “Acceptance of a Twenty-five Year Easement for the Big Dry Creek
Diversion” from the State of Colorado to the City of Englewood, attached hereto as
Exhibit A, is hereby accepted and approved by the Englewood City Council.
Section 2. The Englewood City Council hereby authorizes the expenditure and one-
time payment of $40,425.00 from the Englewood Utilities Department, Raw Water
Supply Fund Budget, line item number 40-1601-61261, to the State of Colorado for the
Big Dry Creek Diversion Easement Agreement.
Section 3. The Mayor is authorized to execute and the City Clerk attest and seal the
"Acceptance of a Twenty-five Year Easement for the Big Dry Creek Diversion" for and
on behalf of the City of Englewood, Colorado.
Section 4. Notice of general provisions and findings applicable to interpretation and
application of the Ordinance:
Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police powers of the City of Englewood,
that it is promulgated for the health, safety, welfare of the public, and this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City County further determines that the Ordinance bears
a rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 7th day of December,
2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
10th day of December, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th
day of December, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 4th day of January, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 1, Series of
2020/2021, on the 7th day of January, 2021.
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Published by title on the City’s official website beginning on the 6th day of
January, 2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 1, Series of 2020/2021.
Stephanie Carlile
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this _____ day of _________________ , 2020 by and between the
STATE OF COLORADO, acting by and through the Department of Natural Resources, Colorado Water Conservation Board
whose address is 1313 Sherman Street, Denver, CO 80203, (hereinafter, the “Grantor”), and City of Englewood, a municipal
corporation and political subdivision of the State of Colorado, whose address is Englewood Civic Center, 1000 Englewood
Parkway, Englewood, CO 80110 (hereinafter, the “Grantee”).
WHEREAS, the Grantor is an agency of the State of Colorado created and controlled by Title 37, Article 60, C.R.S., which
functions for the welfare and benefit of the State of Colorado and its in habitants; and
WHEREAS, the United States Army Corps of Engineers (“Corps”) has constructed improvements to the flow of water in the
channel of the South Platte River in Arapahoe County, State of Colorado, with said improvements known as the Chatfield
Downstream Channel Improvement Project (“Improvement Project”); and
WHEREAS, the primary purpose of the Improvement Project is to provide drainage, flood control and water flow regulation;
and
WHEREAS, the Corps and the Grantor entered into two agreements which gave the Grantor the responsibility of acquiring land,
easements, and rights-of-way for the Improvement Project and the duty of maintaining and operating the flood control works; and
WHEREAS, the Grantor has acquired certain fee title interests, rights-of-way and easements within the Improvement Project
right-of-way for the purposes of construction and maintenance of the Improvement Project; and
WHEREAS, subject to the purpose and needs of the Improvement Project, the Grantee wishes to acquire and the Grantor is
willing to grant a 25-year nonexclusive easement for the construction, operation and maintenance of the Big Dry Creek diversion
structure, pipeline, and outfall facility including hydropower facility on the Grantor’s property within the Improvement Project;
and
WHEREAS, the Grantor approved granting such an easement to the Grantee at the Grantor’s November 2020 Board meeting
known as agenda item 16.
WITNESSETH:
That, for and in consideration of a one-time payment of forty-thousand four hundred twenty-five dollars ($40,425) and other good
and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and the keeping and the
performance of the covenants and agreements hereinafter expressed, Grantor grants to Grantee a nonexclusive easement upon the
following property (hereinafter, the “Property”) located in the County of Arapahoe, State of Colorado, to wit:
LEGAL DESCRIPTION OF THE EASEMENT AREAS ARE ATTACHED HERETO AS EXHIBIT A, FOR
OUTFALL AND HYDROPOWER FACILITY, approximately 0.105 acres/4,590 sq. ft, EXHIBIT B, FOR A
PIPELINE, approximately 0.165 acres/7,171 sq. ft, AND EXHIBIT C, FOR BIG DRY CREEK DIVERSION
STRUCTURE, approximately 0.287 acres/12,494 sq. ft, consisting of six (6) pages
TO HAVE AND TO HOLD, subject to the covenants and agreements hereinafter expressed, for the purpose of using the Property
for the Big Dry Creek diversion structure, pipeline, and outfall facility for a period of twenty-five (25) years, to commence upon
execution of this Easement Agreement.
I. GRANTOR AND GRANTEE MUTUALLY EXPRESSLY COVENANT AND AGREE:
1. If at any time during the term of this Easement Agreement Grantee does not for a period of 366 consecutive days make
use of this easement for the purpose aforesaid, Grantor may in its sole discretion immediately declare such easement
abandoned and shall so notify Grantee by certified mail with return receipt requested. In the event of such abandonment
the consideration shall be forfeited.
2. This easement is non-exclusive and the grant of easement is subject to and subordinate to any and all use by the Grantor
and any and all previously granted easements, rights-of-way, licenses and conveyances, recorded or unrecorded. It is
Grantee’s sole responsibility to determine the existence of any rights, uses or installations conflicting with Grantee’s use
of the Property hereunder. Grantee agrees to not interfere with any use in the easement area by any other party under a
previous grant, whether granted by Grantor or previous owner. Grantee understands and agrees that Grantor makes no
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representations concerning ownership of nor warrants title to any of the Property. To the extent that this grant of easement
may encroach on lands not owned or controlled by Grantor, Grantee assumes all responsibility for any such
encroachment.
3. During the term of the Easement Agreement, the Grantor shall have the right to dispose of the Property or to use the same
for other purposes subject to the rights and privileges herein granted to the Grantee. Grantor reserves the right to grant
additional easements to third parties, provided that said easements do not materially interfere with the easement granted
herein.
4. The terms and conditions of the easement granted herein shall be in compliance with and subordinate to the terms of the
September 7, 1977 and January 29, 1980 Agreements between the United States Army Corps of Engineers and the
Colorado Water Conservation Board (“Agreements”), which are incorporated herein by reference. This covenant and
agreement includes but is not limited to the maintenance and operational requirements on the Grantor and its designees
under those Agreements and the requirement that Grantor and its designees have unlimited access to the lands covered
by this Easement Agreement to perform all necessary activities. The Grantee shall cooperate with the Grantor and its
designees in the performance of its maintenance and operational requirements. Noncompliance by the Grantee with this
provision shall be grounds for immediate termination of this Easement Agreement by the Grantor.
5. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the
Property.
6. If this easement is granted pursuant to §24-82-201 C.R.S., as amended, this Easement Agreement shall not be deemed
valid unless and until approved by the officials and officers of the State of Colorado as required by §24-82-202 C.R.S.,
as amended, or such assistants as they may designate, or as otherwise required. Signature by the Grantor shall be deemed
to be verification of approval of the commission or board of the agency across the premises of which this easement is
hereby granted.
7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and
all covenants shall apply to and run with the land unless otherwise specifically noted. Grantee may not assign its interest
under this Easement Agreement without prior written consent of the Grantor.
8. The signatories aver that they are familiar with § 18-8-301, C.R.S. et. seq., (Bribery and Corrupt Influences) and § 18-8-
401, C.R.S. et. seq., (Abuse of Public Office), and that no violation of such provisions is present.
9. This Easement Agreement including all exhibits, supersedes any and all prior written or oral agreements, and there are
no covenants or agreements between the parties except as set forth herein with respect to the use of the Property by
Grantee. No addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied
herein in writing. No subsequent amendment hereto shall have any force or effect unless embodied in a written agreement
executed and approved by the officials and officers of the State of Colorado, or such assistants as they may designate, as
required by applicable laws of the state of Colorado, state fiscal rules, or policies of the Office of the State Controller.
10. Grantee shall be responsible for recording this Easement Agreement with the Clerk and Recorder’s Office in the county
or counties in which the Property is located. Grantee shall provide Grantor with a conformed copy of the recorded
easement.
11. Any notice required or permitted by this Easement Agreement may be delivered in person or sent by registered or certified
mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective
when posted in the U.S. Mail Depository with sufficient postage attached thereto:
Grantor: Grantee:
Colorado Water Conservation Board City of Englewood
Flood Protection Section Utilities Department
1313 Sherman Street, Rm 721 Englewood Civic Center
Denver, CO 80203 1000 Englewood Parkway
Englewood, CO 80110
Cc: Real Estate Programs
Attn: Manager of Real Estate Programs
1525 Sherman Street, Suite 112
Denver, CO 80203
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Notice of change of address shall be treated as any other notice.
12. Grantor reserves all rights to any and all metallic and non-metallic minerals, ores and metals of any kind and character,
including but not limited to coal, asphaltum, stone, sand, gravel aggregate, oil and gas in, on, or under said easement.
13. If any part of this Easement Agreement is found, decreed or held to be void or unenforceable, the remainder of the
provisions of this Easement Agreement shall not be affected thereby and shall remain in full force and effect.
14. This Easement Agreement shall be governed by the laws of the State of Colorado.
15. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the
negligence of either party, its departments, institutions, agencies, enterprises, boards, officials, and employees is
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq. C.R.S. and
§24-30-1501, et seq. C.R.S. Any provision of this Easement Agreement, whether or not incorporated herein by reference,
shall be controlled, limited and otherwise modified so as to limit any liability of the Grantor and the Grantee to the above
cited laws.
II. GRANTOR EXPRESSLY COVENANTS:
1. Grantee and Grantee’s agents, assigns and successors shall have access at all times, subject to Grantor’s security policies
and procedures, to the Property for construction and maintenance of the Big Dry Creek diversion structure, pipeline, and
outfall facility. Upon non-renewal, abandonment or termination of any of the Grantee’s rights or privileges under this
Easement Agreement, the Grantee’s rights to access shall terminate.
III. GRANTEE EXPRESSLY COVENANTS:
1. Grantor shall have, during the continuance of this easement, the right to dispose of the Property and to use the Property
for other purposes provided such use does not materially interfere with the easement granted herein. In the event Grantor
shall, in the future, wish to grant additional easements or rights-of-way which encroach upon the easement granted herein,
Grantee expressly agrees and covenants it will consent to share the Property, provided the proposed additional easements
or rights-of-way do not materially interfere with the purposes for which this easement is granted.
2. In the event of termination, Grantor may, at its sole discretion, retain all improvements without compensation to Grantee
or, Grantee, at its expense, shall, upon written request by Grantor, remove all improvements constructed by Grantee from
the Property within ninety (90) days of termination and restore the Property as nearly as is practicable to the condition of
the land existing immediately prior to Grantee's first use. Grantor shall determine in its sole discretion whether the
restoration complies with this paragraph. In the event that Grantee does not remove the improvements within such 90-
day period, Grantor shall have the option to either 1) remove the improvements and restore the Property to its prior
condition and bill the Grantee for the cost of removal and restoration, or 2) consider such improvements abandoned and
the improvements shall become the property of Grantor. Except as otherwise provided herein, termination of this
Easement Agreement shall be by operation of law. If this Easement Agreement is so terminated, consideration paid shall
be forfeited.
3. Grantee use is subject to the purpose and need of the Improvement Project and the Agreements and may not use this grant
of easement for any purpose other than that which is specifically described herein. If the Property is used by Grantee for
any purpose other than stated herein, the easement is automatically terminated, and all of the right, title and interest of
Grantee (and Grantee’s successors or assigns) in and to the Property become null and void, and the Property shall
absolutely revert to and revest in Grantor as fully and completely as if this instrument had not been executed, without the
necessity for suit or re-entry and Grantee shall remove improvements as provided above. Grantor may terminate this
Easement Agreement at any time it or the Corps determine use by the Grantee is contrary to the Improvement Project or
the Agreements. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation
or enforcement of the paragraph.
4. It shall be the sole responsibility of the Grantee to obtain and maintain all necessary and applicable local, state and federal
approvals and permits for the purposes set forth herein. Grantee shall comply with all rules, regulations, laws, ordinances
and policies authoritatively promulgated pertaining to the use of the easement lands, including but not limited to local,
state and federal flood plain regulations. Grantee shall comply with all applicable laws and ordnances (and all rules,
regulations, and requirements of any governmental authority promulgated thereunder) controlling environmental
standards and conditions of Grantee’s use of the Property. If any such law, ordinance, rule, regulation, or requirement is
violated as a result of Grantee’s use of the Property and/or its operations on the Property, Grantee shall protect, defend,
indemnify and hold harmless Grantor from and against any penalties, fines, costs and expenses including legal fees and
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court costs incurred by Grantor. Noncompliance by the Grantee with this paragraph and/or any such permit, rule
regulation, or policy shall be grounds for immediate termination of this Easement Agreement by the Grantor.
5. Grantee agrees to indemnify, defend and hold harmless the Grantor against all liability, loss and expense and against all
claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or
omissions of Grantee, its successors, assigns, agents or contractors or arising out of Grantee’s use of the Property. In the
event that Grantee contracts for any work to be performed on the Property, Grantee shall require its contractors and
subcontractors, except the Corps, to indemnify, defend and hold harmless Grantor, its employees and agents, and the
Corps from any and all claims, damages and liabilities whatsoever for injury or death to persons or damage to property
arising from the contractors’ and/or subcontractors’ actions or inactions. All contractors and subcontractors shall be
required to abide by and follow the provisions of this Easement Agreement.
6. Grantee warrants that, throughout the term of this Easement Agreement, Grantee shall maintain continual commercial
general liability insurance covering its use of the easement, with said insurance policy naming Grantor as an additional
insured. Copies of the current Accord Form 27 evidencing said insurance and additional insured endorsement(s) are
attached to this Easement Agreement as Exhibit D and incorporated herein. Notices of renewal of this insurance shall be
provided to Grantor on an annual basis. Said policy shall provide coverage in the amounts as necessary to meet potential
liabilities under by the Colorado Governmental Immunity Act (Article 10, Title 24, C.R.S.), both now and as hereafter
amended. Grantee shall require each contract with a contractor to include the insurance requirements necessary to meet
such contractor’s liabilities. The Grantor shall be named as additional insured on all Commercial General Liability
Insurance policies required of Grantee and Grantee’s agents, successors, assigns, licensees, contractors, and permitees
hereunder.
7. Grantee agrees that all excavations or other temporary removal of soil as required for Grantee’s use of the Property for
the purposes set forth herein shall be properly replaced, and Grantee shall seed, restore and revegetate the surface to
substantially its condition existing prior to the disturbance as reasonably possible. Grantee shall be responsible at all
times for the immediate repair or replacement of, or reimbursement for any damage to the Property due to Grantee’s use
of the Property for the purposes set forth herein. Routes of ingress and egress for construction or for maintenance are to
be limited to the minimum necessary locations, and all work areas created must be obliterated, protected against erosion,
and restored to the former condition of the land, as nearly as possible by Grantee. Grantor shall determine, in its sole
discretion, whether Grantee’s restoration complies with this paragraph. In the event Grantee fails to perform the
restorative or revegetative work required by this paragraph to the sole satisfaction of Grantor, and after thirty (30) days
prior written notice specifying with particularity the failure and indicating the remedial steps needed to cure same, Grantor
shall be allowed to perform said work, and Grantee shall pay within thirty (30) days all direct and indirect costs incurred
by Grantor for restorative or revegetative work including, but not limited to, regrading, filling, revegetation, erosion
control, and replacing of soil.
8. Grantee shall provide Grantor with as-built drawings prepared and signed by a licensed Colorado professional engineer
showing the location of any improvements constructed on the Property (including location and depth of any
improvements located underground) within thirty (30) days after completion of construction of such improvements.
9. The Grantor may, in its sole discretion, require the Grantee to relocate a portion or portions of improvements on the
property by giving the Grantee at least ninety (90) days prior written notice of such requirement. All relocation costs
shall be paid by the Grantee. In the event that Grantee does not remove the improvements within such 90-day period,
Grantor shall have the option to either 1) remove the improvements and restore the Property to its prior condition and bill
the Grantee for the cost of removal and restoration, or 2) consider such improvements abandoned and the improvements
shall become the property of Grantor.
10. The Grantee understands and agrees that its facilities are subject to damage and total loss without liability accruing to the
Grantor as a result of flooding, as the result of maintenance and operation of the Chatfield Downstream Channel
Improvement Project by the Grantor, the Grantor’s designees, or the Corps.
11. Grantee shall coordinate with its contractors to obtain a temporary access permit from the South Suburban Park and
Recreation District prior to construction of the Big Dry Creek Diversion Structure to be constructed on the lands described
in Exhibit C.
12. The construction, storage and movement of vehicles, trucks and machinery shall be conducted at all times so as to
minimize any disruption to recreational trails and paths while maximizing public safety. At all times during construction
and maintenance activities, all of the recreation trails and paths shall remain open, unless adequate detours including
signage and fencing are provided by the Grantee.
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IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed the day and year first above
written.
GRANTOR: GRANTEE:
STATE OF COLORADO CITY OF ENGLEWOOD,
Jared Polis, Governor a municipal corporation and political subdivision of
Acting by and through the the State of Colorado
Department of Natural Resources By:
Title:
By: Attest:______________________________
Executive Director
APPROVED:
STATE OF COLORADO
Department Of Personnel & Administration
State Buildings & Real Estate Programs
By:
Executive Director
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City Manager
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EXHIBIT A
A PART OF THAT PARCEL OF LAND RECORDED IN BOOK 4196 AT PAGE 380 IN THE
ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE, LOCATED IN THE NORTHWEST
QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE
THE NORTH SIXTEENTH CORNER OF SECTIONS 8 AND 9 BEARS NORTH 00°08'48" EAST, A
DISTANCE OF 1324.54 FEET;
THENCE NORTH 46°44’37” EAST, A DISTANCE OF 533.22 FEET TO THE EASTERLY LINE OF
SAID PARCEL AND THE POINT OF BEGINNING;
THENCE DEPARTING SAID EASTERLY LINE NORTH 43°12'42" WEST, A DISTANCE OF 27.84
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 190.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24°00'20", AN ARC LENGTH OF 79.61 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 100.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
30°06'16", AN ARC LENGTH OF 52.54 FEET;
THENCE TANGENT TO SAID CURVE NORTH 49°18'39" WEST, A DISTANCE OF 43.13 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 12.00
FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°52'14", AN
ARC LENGTH OF 18.61 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 41°49'08" WEST, A DISTANCE OF 17.25 FEET;
THENCE NORTH 48°10'52" WEST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 41°49'08" EAST, A DISTANCE OF 17.25 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 32.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°52'14", AN
ARC LENGTH OF 49.63 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 49°18'39" EAST, A DISTANCE OF 43.13 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 120.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
30°06'16", AN ARC LENGTH OF 63.05 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 170.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
14°13'13", AN ARC LENGTH OF 42.19 FEET TO SAID EASTERLY LINE;
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THENCE NON-TANGENT TO SAID CURVE ALONG SAID EASTERLY LINE SOUTH 21°36'12"
EAST, A DISTANCE OF 61.02 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.105 ACRES, (4,590 SQUARE FEET), MORE OR LESS.
EXHIBIT ATTACHED AND MADE A PART HEREOF.
DANIEL E. DAVIS, PLS 38256
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
8/20/2020
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300 East Mineral Ave,
Phone: (303)713-1898
Littleton, Colorado 80122
Suite 1
Fax: (303)713-1897www.aztecconsultants.com
AzTecConsultants, inc.
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EXHIBIT B
A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE THE SOUTHWEST
CORNER OF SAID SECTION 9 BEARS SOUTH 00°03'40" WEST, A DISTANCE OF 2642.96 FEET, ALL
BEARINGS HEREON ARE REFERENCED THERETO;
THENCE NORTH 71°05'32" EAST, A DISTANCE OF 518.79 FEET TO THE NORTHERLY BOUNDARY OF THAT
CERTAIN PARCEL OF LAND RECORDED IN BOOK 4292 AT PAGE 631 AND BOOK 4306 AT PAGE 762 IN THE
RECORDS OF THE ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE, AND THE POINT OF
BEGINNING;
THENCE ALONG SAID NORTHERLY BOUNDARY, NORTH 87°31'45" EAST, A DISTANCE OF 24.13 FEET;
THENCE DEPARTING SAID NORTHERLY BOUNDARY, SOUTH 36°30'07" EAST, A DISTANCE OF 6.47 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 205.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°29'54", AN ARC LENGTH
OF 166.37 FEET;
THENCE SOUTH 09°59'47" WEST, A DISTANCE OF 64.06 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 140.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°27'21", AN ARC LENGTH
OF 106.18 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL;
THENCE ALONG SAID EASTERLY BOUNDARY, SOUTH 12°57'55" WEST, A DISTANCE OF 26.90 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET,
THE RADIUS POINT OF SAID CURVE BEARS SOUTH 57°54'43" WEST;
THENCE DEPARTING SAID EASTERLY BOUNDARY, NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 05°07'48", AN ARC LENGTH OF 8.06 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 160.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°12'52", AN ARC LENGTH
OF 131.85 FEET;
THENCE NORTH 09°59'47" EAST, A DISTANCE OF 64.06 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 185.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°29'54", AN ARC LENGTH
OF 150.14 FEET;
THENCE NORTH 36°30'07" WEST, A DISTANCE OF 19.97 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.165 ACRES, (7,171 SQUARE FEET), MORE OR LESS.
EXHIBIT ATTACHED AND MADE A PART HEREOF.
DANIEL E. DAVIS, PLS 38256
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8
300 East Mineral Ave,
Phone: (303)713-1898
Littleton, Colorado 80122
Suite 1
Fax: (303)713-1897www.aztecconsultants.com
AzTecConsultants, inc.
DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8
Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT C - CWCB SOUTH.doc
8/20/2020
Page 1 of 4
EXHIBIT C
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE THE SOUTHWEST
CORNER OF SAID SECTION 9 BEARS SOUTH 00°03'40" WEST, A DISTANCE OF 2642.96 FEET, ALL
BEARINGS HEREON ARE REFERENCED THERETO;
THENCE SOUTH 62°27'46" EAST, A DISTANCE OF 595.98 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 68°54’53” EAST, A DISTANCE OF 10.17 FEET TO THE WESTERLY BOUNDARY OF THAT
CERTAIN PARCEL OF LAND RECORDED AT RECEPTION NO. D1050263 IN THE RECORDS OF THE
ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE;
THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2)
COURSES;
1. SOUTH 12°57'55" WEST, A DISTANCE OF 5.05 FEET;
2. SOUTH 77°02'39" EAST, A DISTANCE OF 44.73 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 115.00 FEET, THE RADIUS POINT OF
SAID CURVE BEARS NORTH 57°24'08" WEST;
THENCE DEPARTING SAID SOUTHERLY BOUNDARY, SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 13°24'28", AN ARC LENGTH OF 26.91 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 85.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°44'34", AN ARC
LENGTH OF 11.49 FEET;
THENCE SOUTH 27°07'16" EAST, A DISTANCE OF 36.44 FEET;
THENCE SOUTH 23°14'41" WEST, A DISTANCE OF 38.51 FEET TO THE SOUTHERLY BOUNDARY OF THAT
CERTAIN PARCEL OF LAND RECORDED IN BOOK 4292 AT PAGE 631 IN SAID RECORDS;
THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2)
COURSES;
1. NORTH 77°02'39" WEST, A DISTANCE OF 43.82 FEET;
2. SOUTH 12°57'55" WEST, A DISTANCE OF 10.01 FEET;
THENCE SOUTH 82°47'25" WEST, A DISTANCE OF 4.54 FEET;
THENCE SOUTH 22°31'48" WEST, A DISTANCE OF 42.15 FEET;
THENCE NORTH 67°12'03" WEST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 22°47'57" EAST, A DISTANCE OF 20.34 FEET;
THENCE NORTH 44°47'37" WEST, A DISTANCE OF 12.96 FEET;
THENCE NORTH 13°22'14" WEST, A DISTANCE OF 8.85 FEET;
THENCE NORTH 59°49'14" WEST, A DISTANCE OF 8.48 FEET;
THENCE SOUTH 71°40'56" WEST, A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 15.50 FEET, THE RADIUS POINT OF SAID
CURVE BEARS NORTH 25°57'27" EAST;
DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8
Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT C - CWCB SOUTH.doc
8/20/2020
Page 2 of 4
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°44'54", AN ARC
LENGTH OF 12.65 FEET;
THENCE NORTH 17°02'31" WEST, A DISTANCE OF 6.43 FEET;
THENCE SOUTH 88°46'49" WEST, A DISTANCE OF 10.67 FEET;
THENCE NORTH 50°46'03" WEST, A DISTANCE OF 29.01 FEET;
THENCE NORTH 77°48'05" EAST, A DISTANCE OF 27.57 FEET;
THENCE NORTH 22°34'36" EAST, A DISTANCE OF 54.70 FEET;
THENCE NORTH 40°56'58" EAST, A DISTANCE OF 9.43 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 59.97 FEET, THE RADIUS POINT OF SAID
CURVE BEARS SOUTH 33°12'23" EAST;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°21'09", AN ARC LENGTH OF
23.39 FEET;
THENCE NORTH 76°52'30" EAST, A DISTANCE OF 34.80 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.287 ACRES, (12,494 SQUARE FEET), MORE OR LESS.
EXHIBIT ATTACHED AND MADE A PART HEREOF.
DANIEL E. DAVIS, PLS 38256
FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC.
300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122
303-713-1898
DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8
300 East Mineral Ave,
Phone: (303)713-1898
Littleton, Colorado 80122
Suite 1
Fax: (303)713-1897www.aztecconsultants.com
AzTecConsultants, inc.
DocuSign Envelope ID: 5AB3B3AD-D1EF-4EBD-81C9-E66A29AA6AD8