HomeMy Public PortalAboutResolution 2015-09-03 Amending Resolution 2015-08-07 Authorizing the Mayor to Execute the Grant of Easement and Augmentation Pond Joint Operations AgreementTOWN OF FRASER
RESOLUTION NO. 2015-09-03
A RESOLUTION AMENDING RESOLUTION 2015-08-07 AUTHORIZING THE MAYOR TO
EXECUTE THE GRANT OF EASEMENT AND AUGMENTATION POND JOINT OPERATIONS
AGREEMENT
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Mayor is hereby authorized to execute the Grant of Easement and Augmentation
Pond Joint Operations Agreement as attached provided the other parties execute the
agreement within thirty days.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 2nd DAY OF SEPTEMBER, 2015.
Votes in favor: q
Votes opposed:
Absent:
Abstained: AX
Po o� RP
BOARD TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATI 6AQ
TES
Town Clerk
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Additional Names Fee: Doc Code:AGR, Sara L. Rosene, Grand County Clerk
and Recorder, Colorado
GRANT OF EASEMENT AND AUGMENTATION POND
JOINT OPERATIONS AGREEMENT
This GRANT OF EASEMENT AND AUGMENTATION POND JOINT
OPERATIONS AGREEMENT (the "Agreement") is entered into and effective as of the
_ day of August 2015 (the "Effective Date"), by and between RENDEZVOUS
COLORADO, LLC, a Colorado limited liability company ("Rendezvous"),
CORNERSTONE WINTER PARK HOLDINGS LLC, a Colorado limited liability
company ("Cornerstone", and together with Rendezvous, the "Developers") and the
TOWN OF FRASER, a Colorado municipal corporation (the "Town"). Rendezvous,
Cornerstone and the Town may individually be referred to as a "Party" and collectively
as the "Parties."
RECITALS
A. The Developers are developers of two parcels of property within the
Town, referred to hereafter as the "Rendezvous Property" and the "Cornerstone
Property", pursuant to the Amended and Restated Annexation Agreement between the
Town and Rendezvous, dated June 4, 2003, recorded at Reception No. 2003-016733,
Grand County Clerk and Recorder's Office (the "Amended Annexation Agreement").
Subsequent to the annexation of the property, Rendezvous was divided into two
separate entities, Rendezvous and Cornerstone. Pursuant to the First Amendment to the
Amended Annexation Agreement, dated November 2, 2005, recorded at Reception No.
2005012708, Grand County Clerk and Recorder's Office, Rendezvous is the current
developer of the Rendezvous Property and Cornerstone and its affiliate, Grand Park
Development, LLC, are the current developers of the Cornerstone Property.
B. In order to satisfy the water supply obligations to the Town in conjunction
with the Amended Annexation Agreement, in June 2000, Maryvale Village LLC, the
predecessor of both Rendezvous and Cornerstone, deeded to the Town certain water
rights, including: (1) 1.675 cubic feet per second of the Cozens Ditch water right
(originally decreed in Civil Action No. 112, August 1, 1906); (2) 20 acre-feet of the
Maryvale Reservoir water right (decreed in Case No. W-462, Water Division No. 5,
April 10, 1972); and (3) 32.7 acre-feet from detention ponds to be located on the
Cornerstone Property (as described in paragraph 1 OG of the Water Court decree entered
in Case No. 98CW41 on April 6, 1999); and (4) the "benefits and burdens of that
certain legal water supply plan ... decreed in Case No. 98CW41, Water Division No.
5" entered on April 6, 1999 (referred to hereafter as the "Augmentation Plan"). The
conveyance to the Town of these water rights was subject to the terms, conditions,
reservations and exceptions contained in that certain Bargain and Sale Deed, dated June
23, 2000, corrected by that certain Corrected Bargain and Sale Deed, dated October 17,
2011, recorded at Reception No. 2011008600, Grand County Clerk and Recorder's
Office (the "Deed"). The structure known as Maryvale Reservoir, also may be referred
to by the Parties as Mary's Pond (and in this Agreement is referred to as the "Pond").
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C. In Case No. W-462, the Pond was decreed for a total storage capacity of
32.58 acre-feet, for various uses. Storage of water in the Pond, including under the
Cozens Ditch water right identified above and pursuant to a proposed 16 acre-foot
enlargement of the Pond (the "Enlargement"), was also included in the decree for the
Augmentation Plan.
D. The Pond is located in Sub -Area 2 of Planning Area 12E of the
Rendezvous Property, pursuant to the FPDP approved by the Town on March 23, 2004
(the "Pond Property"), which is depicted on Exhibit A, and legally described on
Exhibit B, attached to and incorporated in this Agreement, which property is owned by
Rendezvous.
E. To implement the Amended Annexation Agreement and the Augmentation
Plan, and to facilitate joint operation of the Pond as agreed upon by the Parties, the
Parties desire to set forth the following rights and obligations with respect to future
operation of the Pond.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein, the mutual covenants and agreements set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Grant of Easement. Subject to the reservations and exceptions contained
within the Deed, Rendezvous hereby grants to the Town a perpetual, non-exclusive
easement and right-of-way on, over, across, under, and through the Pond Property (the
"Easement") for: (a) 20 acre-feet of water storage in the Pond; and (b) access, use,
operation, maintenance, repair, replacement and improvement of the Pond and all
related appurtenances necessary or convenient for operation and use of the Pond,
including but not limited to inlets, outlets, water diversion conveyance structures and
ditches, equipment, measuring devices, facilities and improvements (collectively, the
"Pond Facilities"). The Easement includes reasonable access by the Town to the Pond
and the Pond Facilities, through and over the Rendezvous Property along existing roads
or trails, as the same may be relocated and improved from time to time, for the purposes
of the Easement. Operation of the Pond and the Pond Facilities by the Town shall be
limited to making any required releases under the Augmentation Plan, and to
undertaking other such actions as may be reasonably required to facilitate
implementation of the Augmentation Plan, including complying with any orders or
requests of the Division Engineer or the Water Commissioner.
2. Priority of Use of the Pond. The Pond shall be operated under the
following priorities: (a) the Town shall have priority to use water stored in the Pond for
augmentation purposes pursuant to the Amended Annexation Agreement and the
Augmentation Plan; and (b) as a subordinate priority, the Developers shall be able to
operate and use the Pond for other decreed purposes, pursuant to the water rights
ownership interests retained by the Developers in the Deed.
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To the extent possible, recognizing that the priority to use water stored in the
Pond is for augmentation purposes under the Augmentation Plan, the Developers shall
be able to operate and use the Pond for its other decreed purposes, as long as those uses
do not interfere with the use of the Pond by the Town to implement the Augmentation
Plan, and the goal will be to maintain a water level that will preserve an acceptable
aquatic habitat for fish.
3. Capacity of the Pond. The Parties recognize that the decreed capacity of
the Pond, with the Enlargement, is contemplated to be at least 48 acre-feet. The Parties
also recognize that pursuant to terms of the Amended Annexation Agreement for
operation of the Augmentation Plan, the Developers' predecessor conveyed to the Town
by the Deed, a total of 52.7 acre-feet of water storage capacity, which includes 20 acre-
feet of water storage capacity in the Pond. The current active water storage capacity of
the Pond is estimated to be between 13 and 15 acre-feet. To the extent this storage
capacity is not sufficient to satisfy the augmentation requirements under the
Augmentation Plan, the Developers shall provide and develop an adequate alternative
site for augmentation storage for the Town in order to provide the Town with sufficient
augmentation releases to meet the Developers' augmentation obligations under the
Augmentation Plan, not to exceed a total of 52.7 acre-feet of augmentation storage, in a
location mutually acceptable to the Parties. Pursuant to the terms of the Amended
Annexation Agreement, if any changes to any existing water court decree, or a new
water court decree is necessary for any additional water storage in the Pond or
alternative water storage sites, the Developers shall be responsible for any such water
court actions, and any associated administrative actions and all costs and fees
associated with any such actions, The Town shall have the option, in its sole discretion,
to join any such actions as a co -applicant at the Town's expense.
4. Maintenance Costs and Obligations. All Parties shall have access to the
Pond and Pond Facilities, subject to the terms, conditions and limitations contained in
this Agreement. All access routes to the Pond and all Pond Facilities and equipment
that are locked, shall be equipped with two locks. The Town shall have a key to one of
each such lock, and Rendezvous shall have the key to each of the corresponding locks.
The costs and obligations to improve and maintain the Pond and Pond Facilities shall be
allocated among the Parties as set forth below. For purposes of this Agreement, the
term "maintenance" shall include repair, replacement and improvement for the specified
purposes.
a) Necessary Improvements. In order to allow the Pond to be fully
operational for augmentation use pursuant to the Amended Annexation
Agreement and the Augmentation Plan, within two years of the Effective Date,
the Developers shall have, at their sole expense, and to the satisfaction of the
Division Engineer: (1) constructed a flume or other appropriate measurement
device acceptable to the Division Engineer, to allow for reasonably accurate
measurement of inflow to, and augmentation releases from, the Pond; (2)
installed a staff gauge, that allows pond level readings to be made from the
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shore; and (3) developed, and provided to the Town, an accurate baseline survey
of the existing volumetric capacity of the Pond. To the extent additional
improvements required to operate, measure and account releases and storage
capacity under the Augmentation Pond are requested by the Division Engineer,
Rendezvous will cause such to be constructed, at its sole expense.
b) General Pond Repair and Maintenance Activities. Rendezvous
shall be obligated to perform any general maintenance activities associated with
the Pond and the Pond Facilities. The necessity and schedule for completion of
such activities shall be discussed and agreed upon by the Pond Operating
Committee as described below in Section 5. The expense of such activities shall
be shared equally by the Town and the Developers, with each being responsible
for fifty percent of such expenses.
c) Repair and Maintenance for Developers' Use; Enlargement. To the
extent any maintenance is necessary for the Developers' use of the Pond, or any
enlargement of the Pond is necessary, the Developers shall be obligated to
perform such maintenance or enlargement at the Developers' sole expense. For
purposes of this Section 4.b, any maintenance that enlarges the capacity of the
Pond (e.g., dredging due to siltation) shall be performed by the Developers at
their sole expense. Dredging of the Pond shall be performed from time to time
by the Developers, if reasonably required to preserve the amount of water that
can be stored in the Pond to meet the demands for water to be released from the
Pond to implement the Augmentation Plan.
d) Other Maintenance. To the extent any maintenance of the Pond or
Pond Facilities is deemed necessary or appropriate by a Party for any other
reason, such Party shall provide a written request to the Pond Operating
Committee, describing the requested repair or maintenance. The Pond Operating
Committee shall review and consider such request during the next scheduled
meeting of the Committee, and shall decide upon a fair and reasonable allocation
among the Parties of the responsibilities and costs for any actions to be taken
with respect to such request.
e) Failure to Perform Under this Section 4. To the extent the
Developers, or either of them, fails to perform required maintenance activities
under this Section 4, the Town shall provide notice to the Developers of the
repair or maintenance activities the Town believes is reasonably necessary,
whereupon the Developers shall either undertake such maintenance or provide
reasons why they believe such maintenance should not be performed. If the
Developers, or either of them, disagree with the Town, the maintenance
activities, and the allocation of the expense associated with them, shall be
referred to the Pond Operating Committee for a decision.
5. Pond Operating Committee. The Parties shall form a Pond Operating
Committee consisting of one appropriate representative from each Party. The Pond
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Operating Committee shall operate by consensus in all respects, and not by majority
vote. The Pond Operating Committee shall meet at least three times annually, including
in March, July and October of each calendar year, or at other frequencies or such other
times as the Pond Operating Committee may decide is appropriate, to discuss any
anticipated maintenance, construction, operational, or other activities relating to the
Pond and the Pond Facilities, and the fair allocation of the expenses associated with
such activities pursuant to the terms of this Agreement. The Parties shall mutually
cooperate to minimize potential adverse impacts associated with any such activities on
the use of the water stored in the Pond for the priorities described in this Agreement,
including the timing of such activities. If the Pond Operating Committee is unable to
reach agreement upon any issue respecting operation, maintenance or other activities
concerning the Pond or the Pond Facilities, the issue shall be presented for joint
discussion and consideration by the Town Board and the principals of each of the
Developers, and the Town Board's decision on any such issue shall be final and binding
on the Parties.
6. Accounting, Coordination and Operations. The Town shall be responsible
for maintaining all records required by the Augmentation Plan using the accounting
forms set forth as Exhibit C, or any modified version of these forms that may be
approved by the Colorado Division of Water Resources (the "Division") upon request of
the Town. The Developers shall fully cooperate with the Town in connection with the
accounting. On or before April 1" of each year, the Town shall provide to the
Developers the number and type of units being supplied with water in the Rendezvous
Property and the number and type of units being supplied with water in the Cornerstone
Property, whereupon the demands and required augmentation releases under the
Augmentation Plan shall be recorded on the accounting forms, and releases shall be
made by the Town from the Pond, as may be directed by the Division for the
augmentation required for that water year. Upon notification from the Division
Engineer or water commissioner that augmentation releases are required, such notice
shall be communicated to all Parties, and Rendezvous shall be permitted to have a
representative present with any Town employee or agent which is making any releases;
provided, however, that if the Rendezvous representative is unavailable to be present,
the Town employee or agent may proceed on its own to make the release at any point
after twenty-four hours from the time of notice to Rendezvous. In accordance with
section 7 below, Cornerstone anticipates completing the necessary infrastructure to
allow for measurable augmentation releases to be made from detention ponds located on
the Cornerstone Property within two years. After such infrastructure is completed, and
subject to the requirement for a mutually -acceptable easement and joint operations
agreement between Cornerstone and the Town as described in section 7, the Parties
anticipate that augmentation storage releases for Rendezvous Property depletions under
the Augmentation Plan shall be made from the Pond, and augmentation storage releases
for Cornerstone Property depletions under the Augmentation Plan shall be made from
augmentation storage facilities located on the Cornerstone Property. Completed
accounting forms shall be provided by the Town to the Division, Rendezvous, and
Cornerstone. If any Party receives a request, order or demand from the Division or other
water user to curtail diversions, release water or modify any reporting relating to the
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Rendezvous or Cornerstone Properties, notice shall be provided to al] other Parties and
the Parties agree to coordinate on a response thereto.
7. Future Augmentation of Cornerstone Property Development. Rendezvous
and Cornerstone have agreed with each other that augmentation releases under the
Augmentation Plan will be developed and allocated between the Rendezvous and
Cornerstone properties. This includes augmentation releases for development located on
the Cornerstone Property to be made from water storage facilities located on the
Cornerstone Property, particularly from the detention ponds described in the Deed (the
"Cornerstone Facilities"), rather than from the Pond as currently occurs. The
Developers intend to implement their agreement within two years from the Effective
Date, whereupon Cornerstone and the Town acknowledge that an easement and joint
operations agreement between them relating to the Cornerstone Facilities will be
necessary. If and when such an agreement between Cornerstone and the Town is
developed and executed by each of them, the Parties shall amend this Agreement to
eliminate Cornerstone as a party to this Agreement; provided, however, that until such
an agreement between Cornerstone and the Town becomes effective, augmentation
releases for Cornerstone property depletions shall continue to be made from the Pond in
accordance with this Agreement.
S. Default. In the event of a default, the non -defaulting Party shall give notice to
the defaulting Party of the default. The defaulting Party shall have a reasonable time to in
good faith diligently cure the default. In the event the defaulting Party does not cure the
default within a reasonable time through the exercise of good faith, reasonable efforts, the
non -defaulting Party shall be entitled to specific performance or injunctive relief. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO PARTY SHALL BE
LIABLE FOR DAMAGES, OF ANY KIND, TO ANY OTHER PARTY ARISING OUT
OF THIS AGREEMENT.
9. Consents. In any provision of this Agreement that requires the consent,
written or otherwise, of a Party to the actions of the other Party, such consent shall not
be unreasonably withheld or delayed. In the event a Party does not respond in writing
to a request for consent within thirty days of such request, the consent shall be deemed
given.
10. Notices. All notices, consents or other instruments or communications
provided for under this Agreement shall be in writing, signed by the party giving the
same, and shall be deemed properly given and received on the earlier of (a) when
actually delivered and received, personally, by mail, by messenger service, by fax or
telecopy delivery, e-mail or otherwise; (b) on the next business day after deposit for
overnight delivery by a courier service such as UPS, Airborne or Federal Express. All
such notices or other instruments shall be furnished with delivery or postage charges
prepaid addressed to the party at the address given in the first paragraph of this
Agreement or such other address as such party may designate by written notice to the
other party, with a copy, in the case of notices:
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If to Rendezvous: Rendezvous Colorado, LLC
Attention: _
Facsimile No.:
E-mail:
If to Cornerstone: Cornerstone Winter Park Holdings LLC
Attention:
Facsimile No.:
E-mail:
With copies to: Kevin L. Patrick, Esq.
Patrick, Miller & Noto, PC
229 Midland Avenue
Basalt, CO 81621
Facsimile No.: (970) 927-1030
E-mail: Patrick@waterlaw.com
If to the Town: The Town of Fraser
P.O. Box 370
Fraser, Colorado 80442-03
Attention: Town Manager
Facsimile No.: (970) 726-5518
E-mail: idurbin(a)town.fraser.co.us
With a copy to: Christopher L. Thorne
Kylie J. Crandall
Holland & Hart LLP
P.O. Box 8749
Denver, Colorado 80201
Facsimile No.: (303) 295-8261
E-mail: cthorne(a,hollandhart.com
11. Binding Effect. This Agreement shall inure to the benefit of and be
binding upon each of the Parties and their respective successors and assigns. There
shall be no third party beneficiaries of the provisions of this Agreement.
12. Severability. If any provision of this Agreement shall be invalid, illegal
or unenforceable, it shall not affect or impair the validity, legality or enforceability of
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any other provision of this Agreement, and there shall be substituted for the affected
provision, a valid and enforceable provision as similar as possible to the affected
provision.
13. Costs of Legal Proceedings. In the event any Party institutes legal
proceedings with respect to this Agreement or the enforcement thereof, the substantially
prevailing Party shall be entitled to court costs and reasonable attorneys' fees incurred
by such Party in connection with such legal actions.
14. Waiver. The failure of any Party to exercise any right or power given
hereunder, or to insist upon strict compliance by the other Party with its obligations set
forth herein and/or any custom or practice of the Parties at variance with the terms
hereof, shall not constitute a waiver of either Party's rights to demand strict compliance
with the terms and conditions of this Agreement.
15. Entire Agreement. This Agreement represents the entire agreement of the
Parties with respect to the subject matter hereof. This Agreement supersedes all other
prior agreements and understandings of any type, both written and oral, between the
Parties with respect to operation of the Pond to implement the Amended Annexation
Agreement, as set forth herein; provided however, that nothing herein is intended to
amend, modify, or alter the Parties' respective obligations under the Annexation
Agreement. In the event of any ambiguity within this Agreement or in the event this
Agreement does not address a particular operational issue relating to the Pond, the
terms of the Amended Annexation Agreement shall control.
16. Headings for Convenience Only, Construction. Paragraph headings and
titles contained herein are intended for convenience and reference only and are not
intended to define, limit or describe the scope or intent of any provision of this
Agreement. A singular term shall incorporate the plural, and a plural term shall
incorporate the singular.
17. Governing Law and Venue. This Agreement shall be construed in
accordance with the laws of the State of Colorado. The parties agree that venue for any
litigated disputes regarding this Agreement shall be the District Court for Water
Division No. 5, State of Colorado. If that Court should decline to exercise jurisdiction,
venue shall be in the Grand County District Court.
18, General Cooperation. Notwithstanding any other provision of this
Agreement to the contrary, the Parties agree in good faith to work together to take any
additional actions, or execute any such additional documents, as may be reasonably
necessary or appropriate to fully carry out the intent and purpose of the Parties as set
forth in this Agreement.
19. Authority. The Developers represent and warrant that the execution,
delivery and performance of this Agreement by each Developer has been duly
authorized in accordance with law, and that this Agreement constitutes the legal, valid
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and binding obligation of the Developers, enforceable against the Developers, jointly
and severally, in accordance with its terms. The Town represents and warrants that the
execution, delivery and performance of this Agreement by the Town has been duly
authorized in accordance with law, and that this Agreement constitutes the legal, valid
and binding obligation of the Town, enforceable against the Town in accordance with
its terms.
20. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which together shall
constitute one and the same Agreement.
[Signature Pages Follow]
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The Parties have executed this Agreement as of the day and year first above written.
RENDEZVOUS COLORADO, LLC,
a Colorado limited liability company
By: Koelbel and Company, a Colorado
corporation, as Manage
By: �.�.
Vice President
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing Agreement was acknowledged before me this ,,3C,4 day of 1&4--t,_
2015, by Keith Neale as Vice President of Koelbel and Company, a Colorado
corporation, Manager of Rendezvous Colorado, LLC, a Colorado limited liability
company.
My commission expires: %42.1. 017
P"KJ Notary Public
CORNERSTONE WINTER PARK
HOLDINGS LLC
a Colorado li ]i ' it mpany
By;
Tit . Alan' �,,
STATE OF
COUNTY OF
The foregoing ^Ag'ree� ant was acknowledged before me thisdayof t
2015, by as a 141 0
CORNERSTONE WINTEIZ PARK HOLDINGS LLC, a Colorado limited liability
corporation.
My commission expires: _D2—'1de- $g2j�;?
BU6AN J. NOENEKE O 4�
NOTARY PUBLIC Notary Public /%
aTATE OF COLORA00
NOTARY ID ! 40064000411
MY C011RIWON EIWAE! flMUAM t1.INY
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TOWN OF FRASER,
a Colorado municipal corporation
By:-
Title:—
STATE
y:Title:
STATE OF
ss.
COUNTY OF
The forego3'4 Agreement was acknowledged before me this K Si day of t
2015, by Ajo n,4 as fy-� of T WN OF
FRASER, a Coidraho municipal corporation.
My commission expires:ROA QJQA
NOTARY f'Ur U"
STATE C'; COLORA: Notary Public
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TIM SHENK LAND SURVEYING, INC.
P.O. BOX 1670
GRANBY, CO. 80446
PHONE: 970-887.1046
EXHIBIT A
MARY'S POND ACCESS EASEMENT
LEGAL DESCRIPTION
Sheet I of 4
A legal description of the centerline of a twenty foot (20) wide access easement situated on property vested to
Rendezvous Colorado, LLC being in the south half of the northwest quarter of Section 28, Township I South, Range 75
West of the 6th Principal Meridian, Town of Fraser, County of Grand, State of Colorado being more particularly
described as follows;
Commencing at the C -W 1/16th of Section 28 (P.O.C.);
Thence N 14°27'07" W a distance of 347.95' to the true POINT OF BEGINNING (P.O.B.) situated at the centerline of
a boardwalk on the south side of Mary's Pond;
Thence along the centerline of said boardwalk for the following courses;
Thence N 60°32'40" E a distance of 83.59' to a point;
Thence N 62'08'16" E a distance of 31.07to a point;
Thence N 73°00'07" E a distance of 36.26' to a point;
Thence S 83136'58" E a distance of 24.09' to a point;
Thence N 73°25'32" E a distance of 35.13' to a point;
Thence departing said boardwalk and following along the centerline of an existing trail for the following courses;
Thence N 82°48'07" E a distance of 22.81' to a point;
Thence on a curve to the left with an arc length of 19.37', a radius of 10.00', a delta angle of 110'57'59", a chord
bearing of N 25153'56" E, and a chord length of 16.48' to a point;
Thence N 29135'03" W a distance of 15.67' to a point;
Thence on a curve to the right with an arc length of 14.08', a radius of 30.00', a delta angle of 26°53'04", a chord
beating of N 16°08'31" W, and a chord length of 13.95' to a point;
Thence N 02°41'59" W a distance of 18.45' to a point;
Thence on a curve to the left with an are length of 11.86', a radius of 20.00', a delta angle of 33°58'22", a chord bearing
of N 19°4FI 0" W, and a chord length of 11.69' to a point;
Thence N 36°40'21 " W a distance of 87.29' to a point;
Thence on a curve to the right with an arc length of 89.22', a radius of 300.00', a delta angle of I7°02'23", a chord
bearing of N 28°09'10" W, and a chord length of 88.89' to a point,
Thence N 19°37'58" W a distance of 127.63' to a point;
Thence on a curve to the right with an arc length of 80.16', a radius of 500.00', a delta angle of 09'1 F09", a chord
bearing of N 15°02'23" W, and a chord length of 80.08' to a point;
Thence N 10°26'49" W a distance of 72.95' to a point;
Thence on a curve to the left with an are length of 71.07', a radius of 77.04', a delta angle of 52°51'05", a chord bearing
of N 36°52'21" W, and a chord length of 68.57' to a point;
Thence on a compound curve to the left with an arc length of 47.81', a radius of 47.00', a delta angle of 58'1650", a
chord bearing of S 87133'42" W, and a chord length of 45.77' to a point;
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TIM SHENK LAND SURVEYING, INC.
P.O. BOX 1670
GRANBY, CO. 80446
PHONE: 970.887.1046
EXHIBIT A
MARY'S POND ACCESS EASEMENT
LEGAL DESCRIPTION
Sheet 2 of 4
Thence S 58'25'17" W a distance of 58.14' to a point;
Thence S 58°25'17" W a distance of 88.25'to point "A
Thence on a curve to the left with an arc length of 17.39', a radius of 100.00', a delta angle of 09°57'53", a chord
bearing of S 53°26'20" W, and a chord length of 17,37' to a point;
Thence S 4812724" W a distance of 65.15' to a point;
Thence on a curve to the left with an arc length of 25.44', a radius of 25.00', a delta angle of 58118'00", a chord bearing
of S 19° 18'24" W, and a chord length of 2435' to a point;
Thence S 09°50'36" E a distance of 33.18' to a point;
Thence on a curve to the left with an arc length of 34.23', a radius of 25.00', a delta angle of 78°26'30", a chord bearing
of S 49°03'51 " E, and a chord length of 31.62' to a point;
Thence S 88°17'06" E a distance of 18.97' to a point;
Thence on a curve to the right with an arc length of 21.92', a radius of 40.00', a delta angle of 31 °23'57", a chord
bearing of S 72°35'08" E, and a chord length of 21.65' to a point;
Thence S 56153'10" E a distance of 34.92'to a point;
Thence on a curve to the right with an are length of 50.83', a radius of 40.00', a delta angle of 72°48'27", a chord
bearing of S 20128'56" E, and a chord length of 47.48' to a point;
Thence S 1515518" W a distance of 32.85' to a point;
Thence on a curve to the left with an arc length of 64.00', a radius of 94.00', a delta angle of 39°00'44", a chord bearing
of S 03°35'04" E, and a chord length of 62.77' to a point;
Thence S 23°05'26" E a distance of 237.14' to a point;
Thence S 28'17'46" E a distance of 21.32' to a point;
Thence on a curve to the left with an arc length of 39.78', a radius of 25.00', a delta angle of 91'09'34", a chord bearing
of S 73°52'33" E, and a chord length of 35.71' back to the point of beginning.
TOGETHER WITH a 20' wide connector, the centerline of which shall begin at the aforementioned point "A", and
run S 64°02'49" W a distance of +/-132.44' to point "B" on the easterly edge of the existing parking area.
The sidelines of said easement shall be parallel to and 10' on each side of said centerline and shall be shortened or
extended as necessary at the point of beginning to provide contiguity.
TOGETHER WITH access over, across, and through the Mary's Pond area surrounded by the above described
easement.
Basis of bearing is S 89°41' 26"W as measured between Parcel D, Sitzmark North No. 2 (an existing aluminum
capped rebar, PLS #31942) and the C -W 1/16th of Section 28 (U.S.G.L.O. brass cap).
Prepared by Timothy R. Shenk, Co. PLS #31942, on behalf of Tim Shenk Land Surveying, Inc. on November 25, 2015.
RECEPTION#: 2015009602, 12/29/2015 at 11:02:51 AM, 14 OF 16 Doc Code:AGR,Sara
L. Rosene, Grand County Clerk and Recorder, Colorado
COZENS MUSEUM
G.C.H.A.I.
EXISTING '8 K
PARKING AREA
I
I
HWY 40
EXHIBIT A
MARY'S POND ACCESS EASEMENT
GRAPHICAL DEPICTION
SHEET 3 OF 4
1 \1
1
�1
I. 1
\
\
1 �
MARY'S POND \ ,
RENDEZVOUS COLORADO, LLC \ \
\
1 1;11
DESCRIBED
CENTERLINE
\
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TIM SHENK C -W 1/16TH
LAND 8URVEYINQ, INC.
SEC 28 (P.O.C.)
P.O. BOX 1670
GRANBY, CO 80446 SCALE: 1" = 100'
(070) 887-t046
JOB �: 15207 SCALE: 1" s 100' CRD: 15207.02
DWG: 15207.02 DATE: 11/25/2015 DRAWN BY: TRS
RECEPTION#: 2015009602, 12/29/2015 at 11:02:51 AM, 15 OF 16 Doc Code:AGR,Sara
L. Rosene, Grand County Clerk and Recorder, Colorado
LINE
0
BEARING
EXHIBIT A
Lt
N 60'32 40
E
MARY'S POND ACCESS
EASEMENT
N 62'08'16" E
31.07'
L3
N 73-005'7E
DATA TABLES
36.26
L4
S 83'36 56
E
SKEET 4 OF 4
LS
N 73'25 32
E
35.13'
L6
LINE TABLE
E
22.81
L7
N 29'35'03" W
15.67'
L8
N 02'41'59'
W
18.45'
L9
N 36'40 21
W
87.29
L10
N 19'37'58
W
127.63'
Li i
N 10'26 49
W
72.95
L12
S 58'25'17
W
58.14'
L13
S 58'2517
W
88.25
L14
S 4827'24
W
65.15'
L15
S 09'50'36*
E
33.18'
Lib
S 88'17'06" E
18.97'
L17
S 56'5310" E
34.92
L18
5 15'5518
W
32.85
L19
S 23'05'26"
E
237.14'
L20
S 28' 17 46
E
21.32'
L21
S 64'02 49
W
132.44
S 73'52'33" E
35.71'
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CURVE TABLE
CURVE ARC
RADIUS DELTA ANGLE CHORD BEARING
CHORD
C1
19.37
10.00 110'57 59
N 25'53 56 E
16.46'
C2
14.08
30.00 26'53'04
N 16'08 31 W
13.95'
C3
11.86
20.00 335822
N 19'41'10 W
11.69'
C4
89.22
300.00' i776-2,2YN
28'09'10" W
88.89
C5
80.16
500.00 9' 11 09
N 15'02 23 W
80.08
C6
71.6777
-04' 52'51'05"
N 36'52'21 W
68.57'
C7
47.81
47.00' 58716'50"
S 8T33'42 W
45.77'
C8
17.39
100.00 9-57'53'
S 53'26 20 W
17.37'
C9
25.44'
25.00' 5 8'18'00"
S 19'18'24" W
24.35'
C10
34.23
25.00' -TT- 26 30
-§--4-9'-0-3r5 �1 E
31.62
C11
21.92'
40.00' 31'23'57"
S 72'35'08" E
21.65'
C12
50.83
40.00 72'4827
-T-2 0-' 2 8 56 E
47.48
C13
64.00
94.00 '00 44 39
S 03'503 4 E
62.77'
C14
39.78'
25.00 91-09'34-
TIM SHENK
LAND SURVEYING, INC.
P.O. BOX 1870
GRANBY, CO 80448
(870) 887-tO48
JOB 111: 15207
SCALE: N/A
CRD: 15207.02
DWG: 15207.02
DATE: 11/25/2015
DRAWN BY: TRS
LINE
0
BEARING
DISTANCE
Lt
N 60'32 40
E
83.59
LZ
N 62'08'16" E
31.07'
L3
N 73-005'7E
36.26
L4
S 83'36 56
E
24.09
LS
N 73'25 32
E
35.13'
L6
N 82'48 07
E
22.81
L7
N 29'35'03" W
15.67'
L8
N 02'41'59'
W
18.45'
L9
N 36'40 21
W
87.29
L10
N 19'37'58
W
127.63'
Li i
N 10'26 49
W
72.95
L12
S 58'25'17
W
58.14'
L13
S 58'2517
W
88.25
L14
S 4827'24
W
65.15'
L15
S 09'50'36*
E
33.18'
Lib
S 88'17'06" E
18.97'
L17
S 56'5310" E
34.92
L18
5 15'5518
W
32.85
L19
S 23'05'26"
E
237.14'
L20
S 28' 17 46
E
21.32'
L21
S 64'02 49
W
132.44
S 73'52'33" E
35.71'
RECEPTION#: 2015009602, 12/29/2015 at 11:02:51 AM, 16 OF 16 Doc Code:AGR, Sara
L. Rosene, Grand County Clerk and Recorder, Colorado
EXHIBIT B
TO THE
GRANT OF EASEMENT AND AUGMENTATION POND OPERATION
AGREEMENT
Legal Description of the Pond Property
LEGAL DESCRIPTION FOR
EAST MOUNTAIN - PLANNING AREA 12E, SUB -AREA 2
LEGAL, DESCRIPTION
A PM1m W LAUD LOCATED IN RIE *W HALF Cr mm" 21. TOMER I mm RANLTE 75 TEST a
THE 61H PRINOW MPOWC TOW OF FRASE , 000M OF CRAM STATE Of COLORAM BOW YORE
PARTOULARI.Y DECCRIM AS FOLL M
BEUBBM9 AT 11 SrNORMYECORMEN OF THE NORTHEAST QUARTER Or THE BOUTNTEST QUARTER OF SND
SECTION 2A AID ebFlsADrU4. M NORTH UE CIF THE NORTHEAST QUARTER OF T7E SOUNDEST QUARTER
OF SAD =11ON m TO EAR MOM aV&3r WST, WTH ALL KAPPM COTTMCD HENEIM FFIATIVE
TEREM
TME IM ALONG TE AFORM UK OF r'W NORTWOW QUARTER OF THE SOUTHWEST QUARTER OF S" SECT)ON
SWTN W 31'12*MT. A CKTAWOE OF 106.0! RET TO A POM OM A CURW. SAD PW ALSO I D 0 ON
T[ E,451MY RIONT-OF-WAY UWE OF US HOMY 40C
THENCE ALONG SAD EASTERLY RIAR-W-WAY, ALONG A MON-TANGENT OURW TO THE LEFT HANNO A
CENTRAL ANGLE OF 1 mry A RADIUS O 2570.79 FEET, A RIQm KAM10 OF NORM 30121W TEST. AND
AN ARC m4TN OF 807.67 i'i;
TFE7ICE 0" 1794'10' EAST. A OWANM OF 12&87 FEET;
THE7ICE 110R7M DT76hr EAST. A DISTANCE OF 182.W FWT 10 A PONT ON THE BOUNDARY OF LSEAR PAW
AS REOOROE.D W THE RECORDS OF THE GRAND COUNTY QM AND RECORDER AT DEC. NO. 2001-007017;
THOXL ALONG SAD 9Ol11DA0rY THE F'OLUAWNG TME£ (3) OOIATSES
tt T Wa SOUTH 43'0lr EAST, A DISTANCE d 92.26 FEET;
Z) T OOM NOM 66'R4'Sr EAST, A 018TANCE CE' 22&60 FEET;
3) THEW &MYTH 40'37'50' EAST, A OISTAMOE OF 10&83 FEET.
MOM SOUTH 1818'33' EAST, A DISTANCE OF 680.97 FEET TO A PONT ON SAD WJ DARY OF LINEAR
PAW4
TIENCE A DMO SAD BOUNDARY THE PQUONNG TUFO (2) COURSEIL:
1 THENCE SOUTH 6778'76' BEST. A Qi ANN OF 271.72 FW;
23 NORM QUARTER 1W SDUT� TYR OT 9SECFW TION 2& A PANT p! SAD NORM tBK OF OE
THENCE ALONG GAIO NORTH UNE SOUTH 6930'3&' NEST. A DW746M OF 48,01 FEET TO ME POET E
SMO PARCEL CONIAWS 7.60 ACRES, NOR& OR LZd.
7975810_4
B-1