Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006

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Beginning at a point on the Southwesterly bank of the Arkansas River from whence the. East quarter corner of said Section 32, marked by a 2 %" U.&G.L.O. brass cap, bears North 33 °03'11 ".East, a distance of 1712.25 feet; Thence Northeasterly and deflecting to the right a distance of 93.01 feet along the arc of a curve having a radius of 238.43 feet, a delta angle of 22 °21'05 ", a chord of 92.43 feet and a chord bearing of North 44 "2654" East to a point on the Northeasterly bank of the Arkansas River from whence said East quarter corner of Section 32 bears North 32 °24'29" Fast, a distance of 1621.74 feet. _ ......... _........._ ..... ........ .... .. ... ...... .......... .. ........ ...... ........... _ ....... ...._................ ii. Structure No. 2. A recreational in- channel diversion structure located in the Southeast quarter of Section 32, T 50 N, R 9 E of the New Mexico Principal i-9eridian, Chaffee County, Colorado, the centerline of which is more particularly described as follows: Beginning at a point on. the Southwesterly bank of the Arkansas River from whence the East quarter corner of said Section 32, marked by a 2 1 /f" U.S.G.L.O. brass cap,_ bears North 20 1159155" East, a distance of 1799.35 feet; Thence Northeasterly and deflecting to. the right a distance of 106.07 feet along the arc of a curve having a radius of 81.32 feet, a delta angle of 74 °43'49 ", a chord of 98.71 feet and a chord bearing of North 34142'24" East to a point on the Northeasterly bank of the Arkansas River from whence said East quarter corner of Section 32 bears North 20112'42" East, a distance of 1703.61 feet. The distance between the two structures in the Salida Park is approximately 400 feet. A map depicting the location of the structures is attached as Exhibit A. (b). The B.V. Park is located in the channel of the Arkansas River. The location of the existing recreational in- channel diversion structure in the B.V. Park is as follows: Structure No. 1. A recreational in- channel. diversion structure located in the Southwest quarter of Section 9, T 14 S, R 78 W of the S ixth Principal Meridian, Chaffee County, Colorado, the centerline of which is more particularly described as follows: Beginning at a point on the Southwesterly bank of the Arkansas River from whence the Southwest corner of said Section 9, marked by a 2" aluminum cap stamped LS 20152, bears South 26 °43'24" West, a distance of 3260.51 feet; Thence Northeasterly and deflecting to the right a distance of 115.63 feet along the arc of a curve having a radius of 87.36 feet, a delta angle of 75 °50'03 ", a chard of 107.37 .feet and'a chord bearing of North 51 °10'19" East to a point on the Northeasterly bank of the Arkansas river from whence said Southwesterly corner of Section 9 bears South 27 °28'54" West, a distance of 3358.55 feet.