HomeMy WebLinkAboutresolution.council.020-05RESOLUTION NO. 20
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING
A LEASE AGREEMENT FOR THE BRUSH CREEK PARK-AND-RIDE LOT
BETWEEN THE CITY OF ASPEN, COLORADO, THE ROARING FORK
TRANSPORTATION AUTHORITY (RFTA) AND THE STATE OF COLORADO
ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT), SETTING FORTH THE TERMS AND CONDITIONS
OF THE LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LEASE AGREEMENT.
WHEREAS, there has been submitted to the City Council a Lease Agreement for the Brush
Creek Park-and-Ride lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of Transportation,
a copy of which agreement is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the Lease Agreement for the Brush
Creek Park-and-Ride Lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of Transportation,
a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said Lease Agreement on behalf of the City of Aspen.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at its
regular meeting held March 28, 2005.
~a~tu-yn S. Koch, City Clerk
DEPARTMENT OF TRANSPORTATION
Maintenance & Operations Branch
Property Management Section
15285 S. Golden Road, Bldg. 47
Golden, Colorado 80401
(303) 273-1886
Fax (303) 273-1890
STATE OF COLORADO
May 9, 2005
Mr. John Krueger
City ofAspen
130 S. G~ena Street
Aspen, CO 81611
Re: Executed Lease # P57-004-000
Dear John:
Thank you for leasing from the Colorado Department of Transportation. Enclosed is your
executed copy of the Lease for the Brush Creek Parking Lot.
If you have questions or if I can be of further service, please don't hesitate to contact me at
303-273-1886.
Sincerely, ~
Anne Feeser-Olesen
Property Project Manager
cc: Mike Anders
Darrel Lowder
file
PROPERTY MGMT. NO.: P57-004-000
PROJECT NO.: STR 0821-029, Unit 3
PROJ. CODE: 10211(original) 12269 (current)
PARCEL NO.: 302-L
LOCATION: SH82, East of Basalt to Buttermilk
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT, made and entered into this '~ day of ~/~/'"~/1' , 2005 , by
and between the State of Colorado actinq by and throuqh the Colorado Departri~nt of Transportation,
hereinafter referred to as "Lessor", and the City of Aspen and the Roarinq Fork Transportation Authority,
hereinafter referred to as "Lessee".
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies, and
WHEREAS, the State is the Owner and in possession of certain real property described as a part of State
Highway 82, hereinafter referred to as the State Property, which is part of the right of way for State Highway 82
(the Highway) in the County of Pitkin, and
WHEREAS, Lessee wishes to jointly use a portion of the Highway right of way to permit construction and
maintenance of improvements and landscaping, including construction of a paved passenger vehicle parking lot,
concrete passenger transfer area, bus turnaround area and related facilities (hereinafter the Lessee's Facilities)
upon and beneath the State Property; and
WHEREAS, Lessee recognizes that Lessor retains the superior right to use all of the Highway right of way for
state highway purposes, and Lessee agrees to relinquish the use of the right of way after receipt of written notice
from Lessor, should the need arise, as provided below; and
WHEREAS, Lessor and Lessee desire to agree upon cedain responsibilities of each padywith regard to the joint
use of the State Property; and
WHEREAS, this Agreement is executed by the State under authority of Sections 43-1-106 and 43-1-111, CR.S.
1973, as amended;
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
1. PREMISES, TERM, RENT. (a) Lessor hereby leases and demises unto Lessee the Premises,
hereinafter referred to as "Premises" located in Lots 9 and 10, Section 21, Township 9 South, Ranqe 85 West
of the 6th Principal Meridian in Pitkin County. The Premises, known and described as Parcel 302-L, Project
STR 0821-029, Unit 3, includes approximately 21.440 acres of land area; the leased Premises being as
described on the legal description attached hereto, made a part hereof and marked "Exhibit A", and as shown
on the plat attached heret..0, made a part hereof and marked "Exhibit B."
(b) TO HAVE AND TO HOLD the same, unto Lessee, for the term beginning May 15, 2005 and ending May
14, 2010, at and for a term rental of $250.00.
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(c) Payment shall be made payable to the Colorado Department of Transportation on the first of each month
during the term hereof, and sent to the Lessor at:
Colo. Dept. of Transportation
c/o Accounting Receipts & Deposits
4201 EastArkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of the
month when due, a late charge of five percent (5%) of the total installment will be assessed to the Lessee for
that month and each succeeding month the payment is not received on or before the 10th day of that month.
In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient
funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars ($20.00). Both Lessor and
Lessee agree that acceptance by the Lessor of the late payment does not waive Lessor's' right to declare
Lessee in default of this Lease Agreement.
2. USE. It is understood and agreed that the Lessee intends to use the premises only for Park and Ride
Facility and associated landscapinq. The premises may not be used for any other purpose without the specific
written prior permission of the Lessor. Any other use of the premises shall constitute material breach of this
lease and may cause this lease to terminate immediaiely at the Lessor's option.
3. TAXES, UTILITIES, MAINTENANCEAND OTHER EXPENSES. It is understood and agreed that this
lease shall be an absolute net lease with respect to Lessor, and that all taxes, assessments, insurance,
utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other
direct costs, charges and expenses of any kind whatsoever respecting the leased premises shall be borne by
Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished
directly or indirectl¢ by any cost or charge. Lessee shall maintain the premises in good repair and in tenable
condition free of trash and debris during the term of this lease. Lessor shall have the right to enter the
Premises at any time for the purpose of making necessary inspections.
4. HOLD HARMLESS AND INSURANCE. To the extent authorized by law, the Lessee shall save,
indemnify and hold harmless the Lessor for any liability for damage or toss to persons or property resulting
from Lessee's occupancy or use of the premises and shall purchase general liability and property damage
insurance in the amounts of not less than $150,000.00 per person and $600,000.00 per occurrence. The
above insurance requirements must be in effect during the entire term of the lease. Lessee shall at its sole
cost and expense, obtain insurance on its inventory, equipment, and all other personal property located on the
leased Premises against loss resulting from fire or other casualty.
5. OWNERSHIP. The State of Colorado is the owner or the leased premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this lease.
6. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised Premises
without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other
than Lessee, its agents or employees, without the prior written consent of Lessor.
7. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this
lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body
or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and
void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law whether
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by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this
provision will no'~ invalidate the remainder of this lease to the extent that this agreement is capable of
execution.
8. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the
term of this lease, Lessor has the right to cancel the lease without liability by giving the Lessee a 90-day
written notice of its intention to cancel the lease. The notice shall be hand delivered, posted on the leased
premises, or sent to ttfie Lessee, at the address of the Lessee contained herein by Cedified Mail, return receipt
requested. This lease may also be canceled by the Lessee by giving the Lessor a 90-day written notice of
their intent to do so.
9. COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior written or
oral agreements and there are no covenants, conditions or agreements between the parties except as set
forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shatl have any force
or affect whats'oever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion
or other amendment hereto shall have any force or effect unless embodied in a written contract executed and
approved pursuant to the State Fiscal Rules.
10. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this lease
are for identification only, and shall be disregarded in any construction of the lease previsions. All of the terms
of this lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of
both the Lessor and the Lessee. If any provision of this lease shall be determined to be invalid, illegal, or
without force by a court of law or rendered so by legislative act then the remaining provisions of this lease shelf
remain in full force and effect.
11. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has
any personal or beneficial interest whatsoever in the sen/ice or property described herein.
12. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of
Colorado or the United States. The Lessee shall not use the premises for any manner which shall constitute a
nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-30'[, et seq.,
(Bribery end Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that
no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has
any personal or beneficial interest whatsoever in the sen/ice or property described herein.
13. NOTICE. Any notice required or permitted by this lease 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
the~'eto:
LESSOR:
Mike Anders
Colo. Dept. of Transportation
Property Management Section
15285 S. Golden Rd., Bldg. 43
Golden, CO 80401
LESSEE:
Timothy Ware
Director of Parking
City of Aspen
130 S. Galena St.
Aspen, CO 81611
LESSEE:
Renee Black
Legal Counsel
Roaring Fork Transportation
Authority
0051 Service Center Drive
Aspen, CO 81611
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Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed
above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any
changes in that address within ten (1 0) days of such change.
14. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the leased property after the
expiration or sooner termination of this lease, the Lessee becomes a Holdover Tenant and shall be a month-
to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be
paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of
expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty
(30) days written notice prior to termination of this holdover tenancy.
15. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until ithas been approved by
the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
16. HAZARDOUS MATERIALS. To the extent authorized by law, the Lessee agrees to defend, indemnify
and hoId harmless the Lessor and any employees, agents, contractors, a'nd officials of the Lessor against any
and ail damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related
to the presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on,
over, under, from or affecting the property subiect to this Lease Agreement, which contaminants or hazardous
materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the soil,
water, vegetation, buildings or personal property located thereon as well as any personal injury or property
damage related to such contaminants or hazardous materials.
17. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the premises by the Lessee without the express
written prior permission of the Lessor. Any such structure or improvement erected or moved upon the
premises without the express written consent of the Lessor may be immediately removed by the Lessor at the
expense of the Lessee. Further, any structures, improvements or items of any kind remaining on the
premises at the termination of the lease will be con sidered abandoned by the Lessee and may be immediately
removed by Lessor at the Lessee's expense.
18. BINDiNG.AGREEMENT. This Lease Agreement shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
19. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10
days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such
default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee
hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event
of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its
option and without any further notice or demand, in addition to any other rights and remedies given hereunder
or by la~, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-
enter the premises and remove therefrom ail persons and property and again repossess and enjoy the
premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of
such termination.
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(c) The amount of damages which Lessor may recover in evedt of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee
to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2)
ali legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable
attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the property beyond its
present condition.
(d) Upon the Lessee's failure to remove its personal property from the premises after the expiration of
the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove,
sell or dispose of any and all personal property located on the premises. Lessee waives all claims for
damages that may be caused by Lessor's removal of property as herein provided.
20. ADDITIONAL PROVISIONS.
A. The State will permit Lessee to use only that portion of the State Highway 82 right-of-way necessary for
constructing and maintaining the Lessee Facilities. Construction of the improvements sfiall not cause this Lease
to become an easement. Such use shall be subiect to the conditions of this AgreemenL
B. Lessee shall be sotety responsible for the construction of the Lessee Facilities within the State
Property and shall pay all costs and expenses of such construction. This construction shall not interfere with
the State's use of the adjoining state highway property.
C. Repair of any defeFtive Lessee Facilities on the State's Property will be the sole legal and financial
responsibility of the Lessee. Normal maintenance of Lessee Facilities will be the financial responsibifity of the
Lessee. Thereafter, m aiotenance of the Lessee Facilities will be the sole legal and financial responsibility of the
Lessee, provided however, that nothing herein shall be construed to limit Lessee's ability to claim costs or
damages from third-parties out of use or damage to the facilities.
D. During the period of the construction of the Lessee Facilities upon the State Property, Lessee shall be
responsible for any and all damage to the entire highway right of way, including but not limited to the roadway,
structures and/or associated facilities. The construction and use of the Lessee FaciIifies shall not undermine
the roadway, structures or associated facilities, as defined in Section 43-1-209, C.R.S. Lessee in accordance
with the State's existing, published standards at its sole expense will correct any such damage, within a
reasonable time after receipt of written notice from the Lessor.
E. Lessee shall provide the Lessor with design and construction plans for the proposed Lessee Facilities
for review by the Lessor prior to the start of any construction or alteration within, or use of, the State Property.
Lessee shall be solely responsible for the accuracy and completeness of the plans, notwithstanding their
review by Lessor.
Lessee shall not proceed with construction on the State Property, or with any use of the license granted herein
in anyway, without prior written approval, ofthe plans from the Lessor. The purpose of this approval is solely
to ensure compliance with appropriate state and federal standards. Lessee agrees that such approval shall
not operate to transfer any liability or responsibility thereby, for the Lessee Facilities, to the State.
F. Lessee's permitted use of the State Property, following construction, shall, at all times, be subordinate
to and subject to any and all State roadway operations, maintenance, and future construction activities, and
highway purposes whatsoever.
G. Lessee agrees to relocate, at its sole expense and at no cost to Lessor, the L~ssee Facilities located
within the State Property if and :[o the extent Lessor determines, in its sole discretion, that it needs to use any
portion of the State Property occupied by such facilities for any State highway purpose including, without
limitation, to facilitate widening of the roadway and associated facilities and/or the construction of an additional
lane on the outside of the existing roadway. Lessee shall complete such relocation within a reasonable time of
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receipt of notice thereof from the State.
H. The Lessor may consider other alternatives proposed by Lessee to accomplish the above-described
Lessor use(s) without Lessee being required to relocate the Lessee Facilities if such alternatives are consistent
with applicable standards, but the State has no obligation either to consider or implement any such alternative.
However, if the State does implement any alternative(s) proposed by Lessee, all additional costs of such alternate
proposal(s) shall be borne solely by Lessee.
I. To the extent authorized by law, Lessee shall indemnify, save and hold harmless the State and the
Federal Highway Administration, its employees and agents, against any and all claims, damages, liabiIity and
court awards including costs, expenses and attorney fees incurred as a result of any act or omission by Lessee,
or their employees, agents; subcontractors, or assignees pursuantto the terms ofthis Agreement. Nothing in this
Agreement shall be construed as a waiver by the Lessor or Lessee of the provisions and protections of the
Colorado Governmental immunity Act, Section 24-10-101, et seq., C.R.S., as now enacted or hereafter
amended.
J. Lessee agrees that this Agreement is a tease limited in scope, use, and time. The Iease is granted solely
as a courtesy to Lessee and it vests absolutely no interest or right of any nature in Lessee to th e State properly.
As a result, Lessee agree that this lease is revocable at no expense to Lessor whenever Lessor, in its sole
discretion, determines that the Lessee Facilities area is required for any state highway purpose. Likewise, the
Lessor agrees that this lease is revocable at no expense to Lessee (except for costs to remove the Lessee
Facilities and restore the State property to its pre-existing condition) whenever Lessee, it its sole discretion,
determines that the Lessee Facilities are no longer needed.
K. Each party shall keep the other parties informed, in writing, of the current names, addresses and phone
numbers of its personnel who can be contacted in case of emergency. The information shall be provided to:
Lessor:
Mike Anders, Program Manager
Colorado Dept. of Transpodation
Property Management Section
15285 S. Golden Rd., Bldg. 43
Golden, CO 80401
Tei: (303) 273-1885
Fax: (303) 273-1890
Lessee:
Timothy Ware
Director of Parking
City of Aspen
130 S. Galena St.
Aspen, CO 81611
(970) 920-5042
(970) 544-9447
Lessee:
Renee Black
Legal Counsel
Roaring Fork Transportation
Authority
0051 Service Center Drive
Aspen, CO 81611
(970) 920-1905, x-235
(970) 920-2884
L. Lessee will. require that construction and maintenance of the Lessee Facilities meet CDOT's safety
standards. For the period of construction and the duration of this Agreement, Lessee shall require its
contractor(s) to provide the Lessor with evidence that the Lessor has been named as an additional insured on the
following policies of Lessee's contractor in the amounts specified:
a. General Comprehensive Liability $2,000,000.00 minimum
b. Automobile Liability
$1,000,000.00 minimum
c. Workmen's Compensation Statutory Amounts
Lessee shall also include in its construction contract(s) for the construction of the Lessee Facilities on the
State Property the following language verbatim to require its contractor(s) to indemnify the State:
"The Contractor shall indemnify and save harmless the State, its officers and employees, from suits,
actions, or claims of any type or character brought because of any and all iniuries or damage received or
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sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply
with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in
safeguarding the work or through the use of unacceptable materials in constructing the work; or because of any
act or omission, neglect or misconduct of the Contractor; or because of any claims or amounts recovered from
any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is
specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order or decree."
Following completion of construction, Lessee shall indemnify the State as provided in this Agreement.
M. This Agreement shall inure to the benefit of and be binding upon the parties, their successors and
assigns. This Agreement shall not create any rights for anythird party.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first
above written.
LESSEE:
(If Corporation)
Attest (Seal)
STATE OF COLORADO )
)ss
COUNTY OF )
The .foregging instrumej:~t, was subs~ibed and sworn to before me th'; ~ ~4~day /~IF~ I
. of
-~
Witness my hand and official seal.
My commission expires ~),~/
/~&,..!: ............ -~..~N~ Address:
Federal Tax Identification Number
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LESSEE:
(If Corporation)
Atte~ .
SecCar, /
ROARING FORK TRANSPORTATION
"~'4AA,
am )
Federal Tax Identification Number
STATE OF COL/gORA/~. )
COUNTY OF ~ ) SS
)
The/f'~regoing i~V. rLA~ent w~ subsc~bed and sworn to before
' Witness my hand and officiaJ seal.
..... '
Address:
ATTEST:
'D'OUGLA,~ W. BENNETT
Chief Clerk for Right of Way
LESSOR:
COLORADO DEPARTMENT OF
TRANSPORTATION
CRAIG SIP~CUSA, P¢.E.~-
Cl~ief Engineer
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Exhibit "A"
Project No. STR 0821-029 UNIT 3
Parcel No. 302-L
Page No. I of 2
Printed: 10/29/04
EXHIBIT "A"
PROJECT NO. STR 0821-029 UNIT 3
PARCEL NO. 302-L
PROJECT CODE 12269
October 29, 2004
DESCRIPTION
A tract or parcel of land No.302-1 of the Depadment of Transportation, State of Colorado, Project
No. PROJECT NO. STR 0821-029 UNIT 3 containing 21.440 acres, more or less, in Lots 9 and
10, Section 21, Township 9 South, Range 85 West, 6th Principal Meridian, in Pitkin County,
Colorado, said tract or parcel being more particularly described as follows:
Commencing at the Section Corner common Sections 21,22, 27 and 28, T. 9 S., R. 85 W. 6th
P.M., a 1992 3 1/2 inch diameter brass cap PLS 16129; thence N. 65°33'21'. W. a distance of
1,130.76 feet to the TRUE POINT OF BEGINNING;
1. Thence N. 53°25'22" E., a distance of 282.39 feet;
2. Thence N. 28°41'45" W., a distance of 118.62 feet;
3. Thence N. 20°04'52" E., a distance of 127.06 feet;
4. Thence N. 4°32'16" E., a distance of 180.60 feet;
5. Thence N. 3°40'22" W., a distance of 949.49 feet;
6. Thence N. 11°09'44" E., a distance of 252.30 feet;
7. Thence N. 12°28'42'' W., a distance of 220.29 feet;
8. Thence N. 31°19'11" W.,a distance of 118.90 feet;
9. Thence S. 83005'44'' W., a distance of 410.40 feet;
10. Thence S. 0°49'01'' W., a distance of 339.82 feet;
11. Thence S. 17°51'59" E., a distance of 209.25 feet;
10. Thence S. 17°41'59" E., a distance of 73.02 feet;
11. Thence S. 6°21'59" E., a distance of 53.86 feet;
12. Thence N. 82°06'28" E,, a distance of 148.49 feet;
13. Thence S. 9°49'53" E., a distance of 221.97 feet;
14. Thence S. 79°24'46.. W., a distance of 235.73 feet;
Exhibit "A"
Project No. STR 0821-029 UNIT 3
Parcel No. 302-L
Page No. 2 of 2
15. Thence S. 74°34'01'' W., a distance of 185.51 feet;
Printed: 10/29/04
16. Thence S. 15°04'47" E., a distance of 785.67 feet;
17. Thence S. 12°19'57" E., a distance of 342.54 feet;
18. Thence N. 85°41'23" E., a distance of 162.01 feet;
19. Thence N. 53°25'22" E., a distance of 282.39 feet;
20. Thence N. 28°41'45" W., a distance of 118.62 feet, more or less, to the TRUE
POINT OF BEGINNING.
The above described parcel contains 21.440 acres, more or less.
Basis of Bearings: S. 89°22'36"E. along the Section line common to Sections 21 and 28,
T. 9 S., R. 85 W., 6th P.M. from the Section Corner common Sections 21, 22, 27
and 28, T. 9 S., R. 85 W. 6th P.M., a 1992 3 1/2 inch diameter brass cap PLS
16129 to the 1/4 corner common to sections 21 and 28 1994 3 1/4 inch diameter
C.D.O.H. aluminum cap monument PLS 17491.
This Description Written By: Keith J. Sours
The Department of Transportation, State of Colorado
222 South Sixth St. Room 317
Grand Junction, CO 81501
Checked By: