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IGA; Boulder County; Community ditch trail improvements along SH 93 Contract Tracking>Thank You Page 1 of 2 Cil Y OF BOULDER CITY CLERK'S OFFICE CENTRAL RECORDS STANDARD 2013 APR I I AM 8: 23 Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Pace. Routing Number 20130301-8226 Originating Dept Open Space/Mtn Parks Contact Person Cecil Penlo Phone Number 720-564-2005 Project Manager/ Contract Jim Reeder E-mail reederj@bouldercolorado.gov Administrator Counter Parties Boulder County Contract Title / Type IGA - construction of transportation &recreation improvements along SH 93 Number Description This Is the agreement with Boulder County that defines our commitment to pay for tt Ditch trall underpass under Sid 93, the CountyLs commitment to pay for half of the re CDOVs commitment to pay for the other half of the remainder along with actually cc project. Special Instructions Please sign all 3 copies and return 2 to OSMP, Jim Reeder. Amount $1.1 million Expense Type OUTGOING • Dept. Head Signature _ NOTE; Originating Department: Identify with a check mark all areas documentneedsto be routed. • Purchasing ��t OA • Budget (�Q'� • Sales Tax Q ' ' `6Al • CAO • City Manager _ • Central Recordi -7:::- http://intraweb.ci.boulder.co,us/ContractTracking/servlet/Controller 4/9/2013 INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS AND RECREATIONAL IMPROVEMENTS ALONG STATE HIGHWAY 93 BETWEEN STATE HIGHWAY 128 AND STATE HIGHWAY 170 THIS INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF TRANSPORTATION IMPROVEMENTS AND RECREATIONAL IMPROVEMENTS ALONG STATE HIGHWAY 93 BETWEEN STATE HIGHWAY 128 AND STATE HIGHWAY 170 ("the Agreement") is entered into this_.41- day of i 1 , 2013, by and between the CITY OF BOULDER (the "City"), a Colorado home rule municipality, and BOULDER COUNTY, a political subdivision of the State of Colorado, (the "County"), collectively referred to herein as the "Parties." RECITALS WHEREAS, the Parties are authorized to enter into this Agreement pursuant to C.R.S. §29-1-201 et seq.; WHEREAS, Boulder County is working with the Colorado Department of Transportation (CDOT) to design and construct transportation improvements along State Highway (SH) 93 between SH 170 and SH 128, including the widening of SH 93 to allow for increased vehicle and bicycle safety(the"Shoulders"); WHEREAS, the City has been working to permit, design and construct a multi-use structure across SH 93 to serve as a Community Ditch Trail crossing of SH 93 (the"Structure"); WHEREAS, the design, permitting, and construction of the Structure as its own project has been estimated to cost the City up to two million dollars ($2,000,000) and would require substantial additional disruption to the traveling public; WHEREAS, CDOT has been appropriated State "FASTER Funds" for design and construction of the Shoulders and is prepared to manage the construction of the Shoulders in Fiscal Year 2013; WHEREAS, the Parties have agreed that for timing, cost savings and efficiency, the design and construction of the Shoulders and the Structure (the "Project") will be best accomplished by incorporating both into the design and construction of the entire Project; WHEREAS, in consideration of the mutual benefit of both projects, the City will participate in funding the construction costs of the Project; and WHEREAS, the Fair Market Value of the City's open space property directly abutting the Project has been determined to be thirty thousand dollars ($30,000)per acre. NOW, THEREFORE, in consideration of the mutual covenants below, and other good and valuable consideration, the receipt of which is acknowledged, the Parties agree to the following terms: TERMS AND CONDITIONS 1. The Recitals set forth above are incorporated herein and made a part of this Agreement. 2. Exhibit A, attached hereto and incorporated herein by reference, consists of one (1) 8-1/2" x 11" drawing that depicts the most current Structure design and proposed improvements. The Parties will continue to work together to create final plans and specifications for the Project (the "Plans and Specifications") as part of the Project design process led by the County. The construction work associated with the Project (the "Work") shall be performed by CDOT in accordance with the Final Plans and Specifications. The City may require any modifications necessary to ensure its construction requirements are met prior to advertising the Project for Bids. The Work includes the following: a. Construction of six-foot (6') Shoulders along both northbound and southbound SH 93,between SH 170 and SH 128; b. Construction of a grade-separated highway crossing(Underpass)of SH 93 for Community Ditch Trail that meets requirements of the Open Space and Mountain Parks Trail Standards; c. Construction of multi-use connections to the proposed underpass that comply with the requirements and guidelines of the Americans with Disabilities Act (ADA) and the operating and maintenance requirements of the City Open Space and Mountain Parks Department(OSMP). d. Relocation and/or replacement of affected utilities; e. Extension and/or replacement of drainage and irrigation structures including the existing highway crossing structures for Community Ditch and Davidson Ditch, as needed to accommodate the Shoulders; £ Re-grading of roadside cuts and/or fills as needed to accommodate the Shoulders; and g. New paving overlay for SH 93,between SH 128 and SH 170. 3. The following Project tasks related to the Work shall be completed by the County: a. Managing the oversight and funding of Project design, in partnership with CDOT and the City OSMP Department, b. Obtaining all authorizations and approvals from CDOT for highway construction and the City of Boulder for open space disposal of lands. 4. The following Project tasks related to the Work shall be completed by the City: a. Design review by City staff, Boards and Commissions, and City Council as needed to finalize Project design and city permits including presentations and coordination outside of the hearings themselves, consultant services outside of the hearing process or outside of the standard design criteria as scoped by the design consultant along with a representatives from CDOT,the City and County; b. Policy investigations on impacts of both OSMP land disposal and crossing design on areas of concern outside of CDOT National Environmental Policy Act(NEPA) process and to ascertain the non-financial benefit-cost evaluation of crossing type and/or location. 5. The County shall contribute all non-State funding of the Project design through an existing Funding Agreement with the Colorado Department of Transportation. 6. The City shall enter into an agreement with CDOT, no later than February 1, 2013, to contribute one-half (1/2) of non-State funding for Project construction up to a maximum City contribution of one million one hundred thousand dollars ($1,100,000), based on a reasonable estimate of design and construction of the Underpass. 7. The City shall, subject to all applicable requirements of the City's Charter on disposal of open space land, dispose of OSMP property required for construction of the Project to CDOT for right of way purposes at its Fair Market Value. 8. If the parties fail to reach either of the funding arrangements referenced in paragraphs 5 and 6 or the City fails to obtain required approval for the Open Space Land disposal referenced in paragraph 7, this Agreement shall terminate, releasing each party from its other obligations under this agreement. 9. It is the Parties' mutual goal to complete the Project before January 1, 2015. The design work is anticipated to be completed by March 1, 2013. Construction work is currently scheduled to begin in CDOT fiscal year 2013. 10. The City shall be included in the design of the Project and shall be notified of all regularly-scheduled design meetings at least twenty-four (24) hours in advance during Project design and shall have the right to have a Project Representative or his or her designee at all such meetings. 11. The City's Project Representative is: Jim Reeder, phone number (720) 564-2080. The County's Project Representative is Tim Swope,phone number(720) 564-2658. 12. Any notices or other communications required or permitted by this Agreement or by law to be served on, given to,or delivered to either Party by the other Party, shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the representative to whom it is addressed or in lieu of such personal services,upon receipt in the United States mail, first-class postage prepaid,addressed to the following: City of Boulder: City of Boulder OSMP 66 S. Chenyvale Road Boulder, Colorado 80303 Attn:Jim Reeder Boulder County: George Gerstle,Director Boulder County Transportation PO Box 471 Boulder,CO, 80306 Either Party may change its address for the purpose of this paragraph by giving written notice of such change to the other Party in the manner provided in this paragraph. 13. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third parry on such Agreement. It is the express intention of the Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 14. Neither the City nor the County may assign this Agreement or parts hereof or its duties hereunder without the express written consent of the other Party. 15. This Agreement may be amended or modified only in writing signed by both Parties. 16. This Agreement constitutes the entire agreement between the Parties relating to the Work Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 17. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,with venue in Boulder County for any litigation related to this Agreement. 18. Each party agrees to be responsible for its own negligent actions or omissions and those of its officers, agents and employees in the performance or failure to perform work under this Agreement. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 19. Nothing herein shall be construed as a waiver of the rights and privileges of the City or the County under the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S. 20. The City and the County agree that in connection with the performance of this Agreement,they will each maintain an environment free from discrimination. To that end, each shall comply with any applicable federal, state and/or local law or regulation regarding non- discrimination, affirmative action, and/or disadvantaged business enterprises. 21. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution,Article X, Section 20. Notwithstanding any other provision of this Agreement,the City's obligations under this Agreement are subject to annual appropriation by the City Council of the City. Any failure of a City Council annually to appropriate adequate monies to finance the City's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to the Parties of any failure to appropriate such adequate monies. 22.No Joint Venture. The Parties are independent contracting parties. Nothing in this Agreement shall create a joint venture,partnership, employer-employee or other relationship between the Parties. Except as expressly permitted under this Agreement,neither Party may act as agent for, on behalf of,or in the name of the other or otherwise make representations or commitments,verbal or written, on behalf of the other Parry without the other Party's prior consent. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. CITY OF BOULDER: Jane S. Brautigam, City Manager ATTEST: City APYROVEP AS TO FORM: �h City o ey Date: Signatures on the following page COUNTY OF BOULDER, STATE OF COLORADO COUNTY: Cindy Domenic65khain Board of County Commissioners ATTEST: Mike Ryder, Clerk to the Bo ommissioners ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-5 PROJECT CODE: 18465 DATE: October 5, 2012 DESCRIPTION A tract or parcel of land No. RW-5 of the Department of Transportation, State of Colorado Project No. FSA 0931-031 containing 9,644 sq.ft. (0.221 acres), more or less, being a portion of that parcel of land described In Quit Claim Deed recorded at Reception Number 2952034,on August 28, 2008, in the Boulder County, Colorado records, lying in the West Half of Section 21, Township 1 South, Range 70 West, of the 6th Principal Meridian, in Boulder County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 21, (whence the Southwest Corner of said Section 21 bears S. 89042'37"W. a distance of 2,672.51 feet), Thence N, 12°44'06"W.,a distance of 2,698.34 feet,to a point on the south line of said Reception Number 2952034, said point being the TRUE POINT OF BEGINNING; 1. Thence along said south line, N. 81043'05"W., a distance of 16,68 feet, to a point of curvature lying on the east right-of-way line of State Highway 93(October 2012); 2. Thence along said east right-of-way line, on the are of a curve to the left, having a radius of 2,905.00 feet, a central angle of 02001'42", a distance of 102.84 feet, (a chord bearing N. 26°19'30" E., a distance of 102.83 feet); 3. Thence continuing along said east right-of-way line, N. 25°18'39" E., a distance of 561.83 feet; 4. Thence S.2102657"W., a distance of 150.55 feet, to a point of curvature; 5. Thence on the arc of a curve to the right, having a radius of 4,250.00 feet, a central angle of 06052'26", a distance of 509.88 feet, (a chord bearing S. 24°52'10"W., a distance of 509.58 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 9,644 sq. ft. (0.221 acres), more or less. BASIS OF BEARINGS; Bearings are based on a line connecting the S 114 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 1/2" brass cap in a stone pile), and the Center 114 Corner of Section.28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 112"aluminum cap on 2"iron pipe in a mound of stone), being an assumed bearing of N 00007'31"W.2.664.85'as obtained from a global positioning system (GPS)survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C The above described parcel contains 29,928 sq. ft. (0.687 acres), more or less. BASIS OF BEARINGS: Bearings are based on a line connecting the S 114 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridlan (being a found 2 1/2" brass cap in a stone pile), and the Center 1/4 Corner of Section.28, Township 1 South, Range 70 West of the 6th Principal Meridian(being a found 2 1/2"aluminum cap on 2"iron pipe in a mound of stone), being an assumed bearing of N 00007131"W.2.664.85'as obtained from a global positioning system (GPS) survey based on the Colorado High Accuracy Reference Network(CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood,Colorado 80228 ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-4 PROJECT CODE: 18465 DATE: October 5,2012 DESCRIPTION A tract or parcel of land No. RW-4 of the Department of Transportation, State of Colorado Project No, FSA 0931-031 containing 29,928 sq. ft. (0.687 acres), more or less, being a portion of that parcel of land described in Warranty Deed recorded at Reception Number 2035021, on April 6, 2000, in the Boulder County, Colorado records, lying In the West Half of Section 21,Township 1 South, Range 70 West, of the 6th Principal Meridian, in Boulder County, Colorado,said tract or parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 21, (whence the Southwest Corner of said Section 21 bears S. 89042'37"W. a distance of 2,672.51 feet),Thence N.21'42'49"W., a distance of 2,472.14 feet, to a point on the west right-of-way line of State Highway 93(October 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence N. 53°42'59"W., a distance of 11.54 feet, to a point of curvature; 2. Thence on the arc of a curve to the left, having a radius of 4,140.00 feet, a central angle of 05067'12", a distance of 430.17 feet, (a chord bearing N. 31°30'10"E., a distance of 429.98 feet); S. Thence N. 62029'09"W., a distance of 13.40 feet, to a point of curvature; 4. Thence on the arc of a curve to the left,having a radius of 4,126.60 feet, a central angle of 04028'56", a distance of 322.82 feet, (a chord bearing N. 26017'18" E., a distance of 322.74 feet); 5. Thence S. 65029'11" E.,a distance of 22.04 feet; 6. Thence N, 2403949" E., a distance of 47.17 feet; 7_Thence-N.22°1935"_E., a distance of 296_91 feet,.So a point on the northerly line of said Reception Number 2035021; 8. Thence along said northerly line, N. 37024'49" E., a distance of 105.68 feet, to a point on said west right-of-way line; 9. Thence along said west right-of-way line, S.22°19'49"W., a distance of 400.00 feet; 10. Thence continuing along said west right-of-way line, S. 24'3049"W., a distance of 223.00 feet; 11. Thence continuing along said west right-of-way line, N. 64°46'11"W„ a distance of 27.50 feet; 12. Thence continuing along said west right-of-way line, S. 25018'28"W., a distance of 40.00 feet, to a point of curvature; 13. Thence continuing along said west right-of-way line, on the are of a curve to the right, having a radius of 2,825.00 feet, a central angle of 10°58'21", a d)stance of 541.01 feet, (a chord bearing S. 30°47'50"W., a distance of 540.18 feet), more or less, to the TRUE POINT OF BEGINNING. ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-3A PROJECT CODE: 18465 DATE: NOVEMBER 29,2012 DESCRIPTION A tract or parcel of land No. RW-3A of the Department of Transportation, State of Colorado Project No. FSA 0931-031 containing 4,008 sq. ft. (0.092 acres)of land, more or less, being a portion of that parcel of land described In Special Warranty Deed recorded at Reception Number 418080, on October 17, 1980, in the Boulder County, Colorado records, lying In the Southwest Quarter of Section 21,Township 1 South, Range 70 West, of the 6th Principal Meridian, in Boulder County, Colorado, said tract or parcel being more particularly described as follows; Commencing at the South Quarter Corner of said Section 21, (whence the Southwest Corner of said Section 21 bears S, B9042'37"W., a distance of 2,672.61 feet), Thence N. 24025'30"W., a distance of 2,404.43 feet, to the northeast corner of said parcel described at Reception Number 418080, said corner also being a point on the west right-of-way line of State Highway 93 (November 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence along said west right-of-way line, S. 36032'39"W., a distance of 330.70 feet, to a point of curvature; 2. Thence continuing along said west right-of-way line, on the are of a curve to the left, a radius of 1,186.00 feet, a central angle of 11052'59", a distance of 245.98 feet, (a chord bearing S. 30043'46"W., a distance of 245.54 feet); 3. Thence continuing along said west right-of-way line, S. 31°4746"W., a distance of 48.27 feet, to a point of non-tangent curvature; 4. Thence on the arc of a non-tangent curve to the right, a radius of 1,205.00 feet, a central angle of 15014'21", a distance of 320.60 feet, (a chord bearing N.29053'14" E., a distance of 319.56 feet); 5. Thence N. 37030'24"E., a distance of 220.62 feet, to a point of curvature; 6. Thence on the arc of a curve to the left,a radius of 4,145.00 feet,a central angle of 01°09'44", a distance of 84.09 feet, (a chord bearing N. 36°55'32" E., a distance of 84.09 feet), to a point on the north line of said Reception Number 418080; 7. Thence S. 67°45'53" E., a distance of 4.03 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 4,008 sq. ft. (0.092 acres)of land, more or less. BASIS OF BEARINGS: Bearings are based on a line connecting the S 114 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian(being a found 2 1/2" brass cap in a stone pile), and the Center 114 Corner of Section 28,Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 112" aluminum cap on 2"iron pipe in a mound of stone), being an assumed bearing of N 00°07'31"W.2,664.85'as obtained from a global positioning system (GPS) survey based on the Colorado High Accuracy Reference Network(CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-3 PROJECT CODE: 18465 DATE: October 5, 2012 DESCRIPTION A tract or parcel of land No. RW-3 of the Department of Transportation,State of Colorado Project No. FSA 0931-031 containing 5,357 sq. ft. (0.123 acres), more or less, being a portion of that parcel of land described in Special Warranty Deed recorded at Reception Number 418080, on October 17, 1980, in the Boulder County, Colorado records, lying in the Southwest Quarter of Section 21, Township 1 South, Range 70 West, of the 6th Principal Meridian, in Boulder County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 21, (whence the Southwest Corner of said Section 21 bears S. 89°42'37"W. a distance of 2,672.51 feet),Thence N. 66°09'59"W.,a distance of 1,705.46 feet, to a point on the west right-of-way line of State Highway 93 (October 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence S. 77°25'47"W., a distance of 16.03 feet; 2. Thence on the arc of a curve to the right, having a radius of 1,235.00 feet, a central angle of 15039'28",a distance of 337.50 feet,(a chord bearing N. 04044'30"W., a distance of 336.45 feet); 3. Thence N. 85°12'49"E., a distance of 13.51 feet, to a point on said west right-of-way line; 4. Thence along said west right-of-way line, S. 0404711" E., a distance of 20.99 feet, to a point of curvature; 5. Thence continuing along said west right-of-way line,on the arc of a curve to the left, having a radius of 1,206.00 feet, a central angle of 14055'36", a distance of 314.18 feet, (a chord bearing S. 05°1016" E., a distance of 313.30 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 5,357 sq, ft. (0.123 acres), more or less. BASIS OF BEARINGS: Bearings are based on a line connecting the S 114 Comer of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 1/2" brass cap in a stone pile), and the Center 1/4 Corner of Section.28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 1/2"aluminum cap on 2" iron pipe in a mound of stone), being an assumed bearing of N 00°07'31"W.2.664,85'as obtained from a global positioning system (GPS) survey based on the Colorado High Accuracy Reference Network(CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-2A PROJECT CODE: 18465 DATE: October 5, 2012 DESCRIPTION A tract or parcel of land No. RW-2A of the Department of Transportation, State of Colorado Project No, FSA 0931-031 containing 16,754 sq, ft. (0.385 acres), more or less, being a portion of that parcel of land described in Special Warranty Deed recorded at Reception Number 247466, on October 19,1977, in the Boulder County, Colorado records, lying in the Northwest Quarter of Section 28, Township 1 South, Range 70 West, of the 6th Principal Meridian, In Boulder County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the North Quarter Corner of said Section 28, (whence the Northwest Corner of said Section 28 bears S. 89042'37"W. a distance of 2,672.51 feet), Thence S.49°29'05"W., a distance of 1,683.60 feet, to a point on the west right-of-way line of State Highway 93(October 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence N.80047'16"W., a distance of 25.89 feet; 2. Thence N, 09026'11"E„ a distance of 255.02 feet, to a point of curvature; 3. Thence on the arc of a curve to the left, having a radius of 2,870.00 feet, a central angle of 07054'04", a distance of 395.76 feet, (a chord bearing N. 05029'09" E., a distance of 396.46 feet); 4. Thence S. 88022'60" E., a distance of 26.58 feet, to a point of curvature lying on said west right- of-way line; 5. Thence along said west right-of-way line, on the arc of a curve to the right, having a radius of 2,765.00 feet, a central angle of 07°38'33", a distance of 368.82 feet, (a chord bearing S. 05°26'27"W., a distance of 368.54 feet); 6. Thence continuing along said west right-of-way line, S. 09°12'44"W„ a distance of 285.42 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 16,754 sq. ft. (0.385 acres), more or less. BASIS OF BEARINGS: Bearings are based on a line connecting the S 114 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 1/2" brass cap in a stone pile), and the Center 1/4 Corner of 8ection.28, Township 1 South, Range 70 West of the 6th Principal Meridian(being a found 2 1/2"aluminum cap on 2" iron pipe in a mound of stone), being an assumed bearing of N 00007'31"W. 2.664.85'as obtained from a global positioning system (GPS) survey based on the Colorado High Accuracy Reference Network(CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-2 PROJECT CODE: 18465 DATE: October 5, 2012 DESCRIPTION A tract or parcel of land No. RW-2 of the Department of Transportation, State of Colorado Project No. FSA 0931-031 containing 39,119 sq. ft. (0.898 acres), more or less, being a portion of that parcel of land described in Special Warranty Deed recorded at Reception Number 247486, on October 19,1977, in the Boulder County, Colorado records, lying in the Northwest Quarter of Section 28,Township 1 South, Range 70 West, of the 6th Principal Meridian, in Boulder County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the North Quarter Comer of said Section 28, (whence the Northwest Comer of said Section 28 bears S. 89°42'37"W. a distance of 2,672.51 feet), Thence S. 30012'28"W.,a distance of 2,934.86 feet, to a point on the west right-of-way line of State Highway 93 (October 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence N. 88°41'27"W., a distance of 62.29 feet, to a point of curvature; 2. Thence on the arc of a curve to the right, having a radius of 3,155.00 feet, a central angle of 08007'38", a distance of 447.52 feet, (a chord bearing N. 05°22'22" E., a distance of 447.15 feet); 3. Thence N. 09°26'11" E., a distance of 187.47 feet; 4. Thence S. 60°33'49" E•, a distance of 54.14 feet, to a point on said west right-of-way line; 5. Thence along said west right-of-way line, S. 09°1244"W., a distance of 61.46 feet; 6. Thence continuing along said west right-of-way line, S. 03°28'28"W., a distance of 100.50 feet; 7. Thence continuing along said west right-of-way line, S. 09.010'58"W„ a distance of 68.70 feet, to a point of curvature; 8. Thence continuing along said west right-of-way line, on the are of a curve to the left, having a radius of 2,955.00 feet,a central angle of 07040'33",a distance of 395.87 feet,(a chord bearing S. 05°20'41"W., a distance of 395.58 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 39,119 sq. ft. (0.898 acres), more or less. BASIS OF BEARINGS:Bearings are based on a line connecting the S 114 Comer of Section 28,Township 1 South, Range 70 West of the 6th Principal Meridian(being a found 21/2"brass cap in a stone pile),and the Center 114 Comer of Section.28,Township 1 South, Range 70 West of the 6th Principal Meridian(being a found 2 112"aluminum cap on 2"Iron pipe in a mound of stone),being an assumed bearing of N 00°07'31"W.2.664.65'as obtained from a global positioning system(GPS)survey based on the Colorado High Accuracy Reference Network(CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12266 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C 12. Thence on the arc of a non-tangent curve to the left,a radius of 1,110.00 feet, a central angle of 26024'09", a distance of 511.50 feet, (a chord bearing S. 19°21'32"W., a distance of 506.99 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 11,849 sq. ft (0.272 acres)of land, more or less. BASIS OF BEARINGS: Bearings are based on a line connecting the S 114 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 112" brass cap In a stone pile), and the Center 1/4 Corner of Section 28, Township 1 South, Range 70 West of the 6th Principal Meridian (being a found 2 112"aluminum cap on 2" iron pipe in a mound of stone), being an assumed bearing of N 00°07'31"W.2.664.85'as obtained from a global positioning system (GPS)survey based on the Colorado High Accuracy Reference Network (CHARN). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 ATTACHMENT C PROJECT NUMBER: FSA 0931-031 PARCEL NUMBER: RW-1 PROJECT CODE: 18465 DATE: NOVEMBER 29,2012 DESCRIPTION A tract or parcel of land No. RW-1 of the Department of Transportation, State of Colorado Project No. FSA 0931-031 containing 11,849 sq. ft. (0.272 acres)of land, more or less, being a portion of that parcel of land described in Special Warranty Deed recorded at Reception Number 00720064, on October 17,1985, in the Boulder County, Colorado records, lying in the Southwest Quarter of Section 21, Township 1 South, Range 70 West,of the 6th Principal Meridian, In Boulder County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 21, (whence the Southwest Corner of said Section 21 bears S. 89042'37"W. a distance of 2,672.51 feet), Thence N.44055'34"W., a distance of 1,884.04 feet, to a point on the east right-of-way line of State Highway 93 (November 2012), said point being the TRUE POINT OF BEGINNING; 1. Thence along said east right-of-way line, N. 18013'11"W., a distance of 21,20 feet, to a point of curvature; 2. Thence continuing along said east right-of-way line, on the arc of a non-tangent curve to the right, a radius of 1,106.00 feet, a central angle of 29028'13", a distance of 568.87 feet, (a chord bearing N. 21066'39" E., a distance of 562.62 feet); 3. Thence continuing along said east right-of-way line, N. 36°32'39" E., a distance of 451.60 feet, to a point of curvature; 4. Thence continuing along said east right-of-way line, on the arc of a curve to the left, a radius of 2,905.00 feet, a central angle of 01005'13", a distance of 55.11 feet, (a chord bearing N. 36°00'03"E., a distance of 55.11 feet); 5. Thence S. 54032'34" E., a distance of 7,31 feet; 6. Thence on the arc of a non-tangent curve to the right, a radius of 4,240.00 feet, a central angle of 03°33'09", a distance of 262.89 feet, (a chord bearing S, 35°43'50"W., a distance of 262.85 feet); 7. Thence S. 37030'24"W., a distance of 220.62 feet, to a point of curvature; 8. Thence on the arc of a curve to the left, a radius of 1,110.00 feet,a central angle of 02004'19", a distance of 40.14 feet, (a chord bearing S. 36028'16"W., a distance of 40.14 feet); 9, Thence S. 40058'25" E., a distance of 71.28 feet; 10. Thence S. 32°04'01"W., a distance of 16.00 feet; 11. Thence N. 73°00'11"W., a distance of 72.55 feet, to a point of non-tangent curvature; EXHIBIT A K 1 � CL Sit 93- r i 4•41•DLR. f j PL )3rt1.17 1 PLL S.M.93 PHASE 2 4L 5 HCL KTM.7n 73t00 ' SMRINC � ) wALI a ITr d'. utlT DITCH TRAIL 1 WO `It Q•gamS�s.j- SiRTAAM1T'Nsi6A1..92 T . 0`•HCI.S.N.93 00'00 RE r&ENM PGCCWUKIYRfTY DITCH WNL R 6116AAa ;. s _ -______ SNONtNL 4--0. v.0.. $ J'i-BRIOCE RAII 11• 12•-0• 12' a DH. RAI. �•N- WIS D •Tr OOrx 10 M � WKLY LM 4D L*IE Y 1 ON Ain tAADE §O Ht RErumNCTYPICAL SECTION LODUNC ANE.O STATION ACETIC Hra COmRNMT otrm rRAIL ELM lly hCP rq*rL f XCL S1a.93 5740 IID. LN LN L/JIE STING CROMII, 0 5750 I T1 R Ip@RD g1A0E 9.H.93 ------------ 5730 a TYPE 0 m -- •sxs3 �r� HEADYN&L (TV.) R 5720 5720 2 RETWK- WKL a AfHWD WN.L 5 (BEYOND) DRCLliaDun'Hnr SAO 5710 3 __T__ 5 5]00 9oTLOM K rWQD TOP Or srEuww.L MT wdt S mnS Y 1 L 5.00 sa00 i e fi MCL CCM IDN C imLO NAND MCL COMMUNITY LDITCH".TRAIL m LOOKDIG AHEAD STATION HCL SN.S3 9 ° FIR 3 R:al Del.aonwzolz Sheet Revisions A Constructed Project No./Code ru...:I27555_P.e_D3_De+erelLeyeuLe w. C .,..Rta oat. STATE HIGHWAY 93 J E Nen:.S Wa 1:20 vvL Sca.: 1:'10 n - bunt ' W Rme'w• LUYM1NfTY DITCH AIL tROFIAILSS srglDruRE FSA 0931-031 srt un ana sm•..:m �� R.rwe: D.:mw: D.NEMavirz seuso,. E-1s-__ ]sass f �i cTnm.m`eme` Iw•M.Lamta •••• •,� OateTer: u.5PN11ER '� vwe: sn..t rvNmSv -- - - 91N:Ot SUGIOt•. BRIDI.t Suael9esM 40