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HomeMy WebLinkAbout20123301.tiff Ulteif2 Engineering, Surveying, and Consulting Services November 14, 2012 Weld County 915 10h Street Greeley. CO 80631 RE: County Parcel #095702000005 141599986,Weld County,CO Colorado Revised Statute 18-4-515 Entry to survey property-exception to criminal trespass. Dear Property Owner, Tri-State Generation and Transmission Association. Inc. and its consultants, Ulteig Engineers and Lamp. Rynearson& Associates will be conducting ground survey work on or near your property starting in November, 2012. Previous attempts to contact you about the surveys have been unsuccessful therefore we are giving notice that the surveyors will be entering your property pursuant to the Colorado Revised Statute 18-4-515 Entry to survey property-exception to criminal trespass. The survey work is being done on behalf of Tri-State Generation and Transmission Association, Inc. Survey data is being collected to evaluate existing conditions of transmission facilities and to recover and verify survey monuments. Lamp, Rynearson & Associates will be performing the surveys and estimate that 2 entries onto your property will be required to complete the survey. The crews will conduct the survey work on or near your property and will take precautions with access to these areas to not cause any disturbance or inconvenience to property owners. We estimate that these surveys will be completed by December 31',2012 Per Colorado Revised Statute 18-4-515, we are asking that you provide us with the name of each person who occupies the land as a tenant or lessee, whether on a permanent or temporary basis. We have attached a copy of the Colorado State Statute 18-4-515 for your reference. Please review it and if you have any questions or concerns regarding the survey work or access, please feel free to contact me. Sincerely, J l David Berglund, PLS LAMP RYNEARSON & ASSOCIATES g Survey Project Manager ENGINEERS SURVEYORS I PLANNERS Lamp, Rynearson &Associates Phone: (970)226-0342 4715 Innovation Drive,Suite 100 Cell: (970) 590-8666 Fort Collins,Colorado 80525 IPI 970 226 0342 Email: David.Berglund( LRA-inc.com IFl 970.226.0879 www.LRA-Inc.corn &"nL/iL6cItecdt f',ttc/ //- /l- ev ec.- /JL, Aid; di 2012-33oi 9777 Pyramid Court•Suite 200•Englewood, CO 80112•P: 720-873-5700•www.ulteig.com 18-4-515 CRS (I) Effective July I, 1992, no person shall be in violation of the trespass laws of this part 5 if the requirements of this section are met. The provisions of this section provide an exception to the trespass laws only and do not affect or supersede the provisions and requirements of articles 1 to 7 of title 38, C.R.S., concerning condemnation proceedings, notwithstanding any laws to the contrary. (2) Any person who is licensed or registered as a professional land surveyor pursuant to section 12-25- 214, C.R.S., or who is under the direct supervision of such a person as an employee, agent, or representative, may enter public or private land to investigate and utilize boundary evidence and to perform boundary surveys if the notice requirement in this subsection (2) is met. The notice of the pending survey shall contain the identity of the party for whom the survey is being performed and the purpose for which the survey will be performed, the employer of the surveyor, the identity of the surveyor, the dates the land will be entered, the time, location, and timetable for such entry, the estimated completion date, the estimated number of entries which will be required, and a statement requesting the landowner to provide the surveyor with the name of each person who occupies the land as a tenant or lessee, whether on a permanent or a temporary basis. Nothing in this subsection (2) shall be deemed to confer liability upon a landowner who fails or refuses to provide such requested statement. At least fourteen days before the desired date of entry the professional land surveyor shall cause such notice to be given to the landowner by certified mail, return receipt requested, and by regular mail. Any landowner may waive the requirement that notice be given by certified mail, return receipt requested, and by regular mail. The waivers described in this subsection (2) may be given orally or in writing. (3) If a landowner does not acknowledge receipt of the notice within fourteen days of such receipt, the professional land surveyor or other persons described in subsection (2) of this section shall have the right to enter the land pursuant to the specifications given in the notice. If a landowner acknowledges receipt of the notice within fourteen days of receipt, such landowner has the right to modify the time and other provisions of the surveyor's access, as long as such modifications do not unreasonably restrict completion of the survey. (4) All persons described in subsection(2) of this section who enter land pursuant to and for a purpose described in this section shall carry upon their person at all times during entry and stay upon the land sufficient identification to identify themselves and their employer or principal, and shall present such identification upon request. (5) Persons described in subsection (2) of this section shall be liable for actual damages caused during entry and stay upon a landowner's land. No professional land surveyor or person under such surveyor's direct supervision shall have a civil cause of action against a landowner or lessee for personal injury or property damage incurred while on the land for purposes consistent with those described in subsection (2) of this section, except when such damages and injury were willfully or deliberately caused by the landowner. Hello