HomeMy WebLinkAbout20195196.tiffDISTRICT COURT, WELD COUNTY, COLORADO
901 9th Avenue, P.O. Box 2038, Greeley, CO 80632
(970) 475-2400 DATE F
CALF N
Petitioner:
Cheyenne Connector Pipeline, Inc., a Colorado
corporation
v.
Respondent:
Ryan L. Hostetler
ILED: April 26, 2019 9:46
UMBER: 2019CV30082
A COURT USE ONLY A
Case No.
2019 CV 30082
Division 4
Order Granting Motion for Immediate Possession
The petitioner, Cheyenne Connector Pipeline, Inc., seeks to condemn a
permanent easement, a temporary construction easement, and a temporary
access easement to construct a natural gas pipeline under the property owned
by the respondent, Ryan Hostetler. To expedite the construction of the pipeline,
Cheyenne seeks immediate possession of the subject property. Because
Cheyenne has met the statutory requirements, I grant Cheyenne's request for
immediate possession and make determinations as to the amount of the deposit
and bond that Cheyenne must provide to obtain possession.
1. Background
Cheyenne Connector Pipeline, Inc. is a pipeline company formed for the
purpose of constructing a 36" -diameter natural gas pipeline in Weld County.
The pipeline is designed to connect three natural gas gathering facilities,
starting at a point between Fort Lupton and Platteville in south Weld County
and running roughly 70 miles north to the REX Cheyenne gas hub, which is
located just south of Colorado's border with Wyoming. This gas hub will
M
2019-5196
connect to the Rockies Express pipeline, which runs almost 1,700 miles from
natural gas producing basins in Colorado and Wyoming to eastern Ohio. The
Rockies Express pipeline provides natural gas to consumers in the Midwest and
Northeast.
The route of the proposed gas line project Cheyenne intends to construct is
shown in Exhibit 1, which was admitted at the hearing held April 1. The subject
property owned by Hostetler that Cheyenne seeks to condemn is described in
more detail in Exhibit A, Exhibit A-1, and Exhibit B, which are attached to this
Order. Hostetler objects to Cheyenne's request on several grounds, which are
discussed in more detail below.
2. Immediate Possession Standards
Article II, § 15 of the Colorado Constitution governs the condemnation of
private property for public use. To protect the constitutional rights granted to
property owners under both § 14 and § 15 of Article II, a condemning authority
must strictly comply with the pertinent condemnation statutes, which the court
must strictly construe against the condemning authority and liberally construe
in favor of the property owner. Platte River Power Authority v. Nelson, 775 P.2d
82, 83 (Colo. App. 1989).
The procedural requirements for condemnation proceedings (also known
as eminent domain proceedings) are outlined in § 38-1-101, C.R.S. 2018. Under
§ 38-1-101, the condemning authority must negotiate in good faith with the
property owner before filing a petition for possession. After a petition is filed, a
property owner may raise constitutional objections with the court and may
challenge the condemning authority's right to condemn. Town of Silverthorne v.
Lutz, 2016 COA 17, ¶¶ 19-20; § 38-1-101(2)(a), C.R.S. 2018 ("All questions and
issues, except the amount of compensation, shall be determined by the Court").
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 2 of ii
The condemning authority may also seek immediate possession, which is to
be determined at a hearing, and if the court grants the request, the condemning
authority must deposit an amount the court deems sufficient to protect the
landowner's interests until the issue of just compensation can be resolved. § 38-
1-105(6)(a), C.R.S. 2018; Art. II, § 15, Colo. Const. (property "shall not be
needlessly disturbed" without just compensation). The court must exercise its
discretion to decide whether to grant immediate possession to a petitioner.
Vivian v. Board of Trustees of Colorado School of Mines, 152 Colo. 556, 562, 383 P.2d
801, 804 (1963). The condemning authority must show that "needless
disturbance will not result" to the property owner before it is entitled to obtain
immediate possession. Swift v. Smith, 119 Colo. 126,136-37, 201 P.2d 609, 614
(1948).
Thus, to justify an immediate taking of property, the condemning authority
must prove: (1) it has the authority to bring the eminent domain proceeding; (2)
the necessity for acquiring the property; (3) the public use for which the
property is sought; (4) the need for immediate possession; (5) that it has
negotiated in good faith to acquire the property; and (6) the amount of money
the condemning authority should be required to deposit to obtain immediate
possession. § 38-1-105(6)(a), C.R.S. 2019; Shaklee v. District Court, 636 P.2d 715,
717-718 (Colo. 1981) (Shacklee 1).
3. Application of the Standards
A. Cheyenne's Condemnation Authority
Cheyenne relies on § 7-43-102 and § 38-2-101, C.R.S. 2018, for its
condemnation authority. The court finds that Cheyenne is a Colorado
corporation and that its incorporators are Cheyenne Connector, LLC; Tallgrass
Cheyenne Connector Holdings, LLC; and Tallgrass Interstate Gas Transmission,
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 3 of ii
LLC. Cheyenne was formed for purposes related to the construction of the
natural gas pipeline and seeks temporary possession of the subject property to
further these purposes.
Relying on the Colorado Supreme Court's decision in Larson v. Sinclair
Transp. Co., 2012 CO 36, Hostetler argues that Cheyenne does not have
condemnation power. I disagree. Hostetler's reliance on Larson is misplaced
because Larson involved a petroleum pipeline, not a natural gas pipeline. The
Supreme Court held that "the General Assembly did not grant, expressly or by
clear implication, the power of eminent domain to companies for the
construction of pipelines conveying petroleum." ¶ 1 (emphasis added). But this
holding is limited to petroleum pipelines and to one specific statute— § 38-5-
105, C.R.S. 2011— which is only one of several sources in the Colorado Revised
Statutes that bestow eminent domain authority on private pipeline companies
like Cheyenne. The Supreme Court recognized in Larson that § 38-5-104, C.R.S.
2011, "contemplates that ... 'pipeline companies' would be engaged in the
conveyance of electric power or natural gas through their pipelines, not
petroleum." ¶ 20 (emphasis added).
Thus, because Cheyenne intends to construct a pipeline to convey natural
gas rather than petroleum, the Larson case supports the conclusion that
Cheyenne has condemnation authority. Under § 38-5-104(1), a "pipeline
company ... shall be entitled to the right-of-way over or under the land,
property, privileges, rights -of -way, and easements of other persons and
corporations ....
,'
Cheyenne can also assert condemnation authority under § 7-43-102.
Hostetler argues that this statute pertains only to how a domestic pipeline
company shall be formed and does not bestow eminent domain authority. But,
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v Hostetler, 2019 CV 30082
Page 4of11
while the judgment of the division of the Court of Appeals below was reversed
by the Supreme Court in Larson on other grounds, that division construed § 7-
43-102 to be "but one of multiple Colorado statutes authorizing oil and gas
pipeline companies to acquire rights -of -way," and this interpretation was not
challenged in the Supreme Court. Sinclair Transp. Co. v. Sandberg, 228 P.3d 198,
205 (Colo. App. 2009), rev'd sub nom. Larson v. Sinclair Transp. Co., 2012 CO 36.
To the contrary, the petitioners in Larson conceded that § 7-43-102 grants
condemnation power to Colorado companies for the purpose of constructing a
pipeline for the conveyance of gas, water, or oil. Petitioners' Reply Brief to
Sinclair, Addressing Condemnation Authority, p. 18, filed 8/25/10 in Larson v.
Sinclair Transp. Co., 2009 SC 966, 2010 WL 3621436 (Colo.).
In addition, under § 38-4-102, C.R.S. 2018, a "domestic corporation
organized for the purpose ... of conducting or maintaining a pipeline for the
transmission of ... gas for hire ... or for any ... public purpose shall have the
right-of-way for the construction, operation, and maintenance of such pipeline
for such purpose through any lands without the consent of the owner thereof, if
such right-of-way is necessary for the purpose for which said pipeline is used."
Finally, as recognized by a division of the Court of Appeals in Akin v. Four
Corners Encampment, 179 P.3d 139 (Colo. App. 2007), under § 38-2-101, C.R.S.
2018, a pipeline corporation may condemn property to construct a natural gas
pipeline so long as the taking is for a demonstrated public use. Id. at 145.
Hostetler appears to concede this point in his proposed findings of fact and
conclusions of law filed after the April 1 temporary possession hearing.
Thus, the court concludes that Cheyenne has authority to maintain this
proceeding under both § 7-43-102 and § 38-2-101. In addition, the court
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 5 of is
concludes that both § 38-4-102 and § 38-5-104(1) provide additional authority
for Cheyenne to maintain this action.
B. Necessity
Necessity involves the need for the property to be acquired for the intended
purpose. Mortensen v. Mortensen, 135 Colo. 167, 309 P.2d 197 (1957). A necessity
determination cannot be disturbed by the court without a showing of the
condemning authority's fraud or bad faith. Colorado State Bd. of Land Com'rs v.
District Court in and for Jefferson County,163 Colo. 338, 430 P.2d 617 (1967); City
of Thornton v. Farmers Reservoir and Irrigation Company, 194 Colo. 526, 575 P.2d
382 (1978). Fraud or bad faith cannot be shown through conclusory assertions,
but rather must be raised by pleading and proved through facts. Colorado State
Bd. of Land Com'rs, 163 Colo. at 342, 430 P.2d at 619.
Hostetler presented no evidence challenging necessity at the hearing and
does not challenge necessity in his proposed findings of fact and conclusions of
law. Based on the evidence presented at the hearing, the court will not disturb
Cheyenne's determination of necessity. But the court agrees with Hostetler that
Cheyenne assumes the risk of this acquisition being necessary and should a
route alteration occur, either through the FERC review process or the Weld
County USIA process, that would require the dismissal of this petition and
would entitle Hostetler to post -dismissal relief as allowed by statute. The court
is also concerned about whether Cheyenne's right to possession includes the
right to abandon the pipeline in the ground. But since this issue need not be
resolved to determine Cheyenne's right to immediate possession for the
purpose of beginning construction, the court does not resolve this issue here.
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 6ofii
C. Public Use
Private property may not be condemned under the statutory authority
relied on by Cheyenne unless the purpose for which the condemnation is
sought is judicially determined to be a public use within the meaning of Art. II,
§ 15. See Buck v. Dist. Court for Kiowa Cty., 199 Colo. 344, 346, 608 P.2d 350, 351
(1980). "The owners of the property to be condemned have the burden of
proving that the taking is not for a public purpose." Pub. Serv. Co. of Colorado v.
Shaklee, 784 P.2d 314, 317-18 (Colo. 1989) (Shaklee II). Hostetler does not contest
that Cheyenne's proposed natural gas pipeline meets the public use
requirement.
Cheyenne's representatives testified that the pipeline that will convey
natural gas so that it will enter the interstate gas supply system; that the
pipeline will be subject to Federal Energy Regulatory Commission (FERC)
regulations and guidelines; and that the pipeline will qualify as a common
carrier, meaning that the public may gain access to the pipeline to transport gas.
The court accepts the uncontroverted testimony that the pipeline will provide
mineral owners and gas producers in Weld County with a means to transport
natural gas to market, and that the current pipeline capacity in Weld County is
not adequate to meet demand. Consequently, the court finds that the pipeline
project is a public use. See Larson v. Chase Pipeline Company, 183 Colo. 76, 514
P.2d 1316 (1973).
D. Need for Immediate Possession
An order granting immediate possession does not pass title to the grantee;
title is passed only when the court enters a rule and order at the conclusion of
the valuation trial. See § 38-1-105(3) and (4), C.R.S. 2018; Swift, 119 Colo. at 136,
201 P.2d at 614. In its discretion, the court has the authority under § 38 -1 -
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 7ofii
105(6)(a) to award possession of the subject property to the condemning
authority before a final rule and order is entered; but this subsection does not
require any specific degree of urgency and does not use the term immediate.
Instead, the court is authorized to grant possession before the valuation trial
and entry of a final rule and order so long as doing so "will not result in
needless disturbance of the possessory or other rights" of the landowner. Swift,
119 Colo. at 137, 201 P.2d at 614.
Cheyenne's representative testified that Cheyenne anticipates the certificate
of public convenience and necessity will be issued sometime this month and
anticipates that FERC will provide Cheyenne with approval to proceed with
construction shortly thereafter. Cheyenne's representative also testified that
Cheyenne will not begin construction on the project until the necessary FERC
approvals are obtained. Cheyenne seeks immediate possession of the subject
property, along with other properties on the proposed route, so it can begin
construction as soon as it obtains FERC approval.
Hostetler argues that Cheyenne's request for immediate possession is
premature because Cheyenne has not obtained the necessary certificates and
approvals from the relevant federal, state, and county governmental
authorities. But Colorado law does not require a condemning authority to show
that is has obtained the necessary approvals and permits as a condition
precedent to condemnation. Silver Dollar Metro. Dist. v. Goltra, 66 P.3d 170
(Colo. App. 2002) (obtaining development permits or approvals is not a
condition precedent to a condemnation proceeding); Shaklee II, 784 P.2d at 316-
317 (same).
thus, based on the evidence presented at the hearing, including the
testimony that Cheyenne will not begin construction until the necessary permits
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 8 of 11
and approvals have been obtained, the court finds that awarding immediate
possession to Cheyenne will not cause needless disturbance to Hostetler.
Cheyenne has therefore met its burden to show the need for immediate
possession. To protect Hostetler`s interests, however, the court orders that
Cheyenne may not begin construction on the subject property until it has
obtained all necessary permits and approvals from the relevant federal, state,
and county authorities.
E. Good -Faith Negotiations
Before it can properly invoke the power of eminent domain, the
condemning authority must show that the parties cannot agree on the amount
of compensation to be paid. § 38-1-102(1). This requirement is satisfied when
the condemning authority makes a reasonable, good -faith offer to purchase the
property with a sufficient period of lime for the landowner to respond. A
"failure to agree" may be presumed if (1) the owner does not timely respond to
an offer; (2) the owner makes a counteroffer that is unacceptable to the
condemning authority; or (3) further negotiations would be futile. See Bd. of
County Com'rs of Jefferson County v. Blosser, 844 P.2d 1237, 1239 (Colo. App.
1992); Bd. of County Commis of Mesa County v. Blecha, 697 P.2d 416 (Colo. App.
1985). There is no requirement for "lengthy or face-to-face" negotiations. City of
Holyoke v. Schlachter Farms R.L.L.P., 22 P.3d 960, 963 (Colo. App. 2001).
Cheyenne provided Hostetler with an offer to purchase by letter, dated
December 27, 2018, which gave Hostetler until January 11, 2019 to respond.
Cheyenne received no written response from Hostetler. Cheyenne's
representative testified that other attempts to negotiate were made, but no
agreement could be reached. The court therefore finds that Cheyenne has
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page 9ofat
satisfied its statutory requirement to make a good -faith offer and attempt to
negotiate an amount of compensation before filing this action.
F. Notice to Interested Parties
Hostetler argues that Cheyenne has failed to name parties with a recorded
interest in the subject property, in violation of § 38-1-102(1). But Hostetler
presented no evidence at the hearing that the proposed project would disturb
any other party with a recorded interest. Thus, based on the record, the court
finds that Cheyenne has not violated § 38-1-102(1).
G. Amount of Deposit
The deposit a condemning authority must pay to obtain immediate
possession is intended to act as security for the payment of just compensation
and damages that are ultimately awarded at the valuation trial. City of
Englewood v. Reffel, 34 Colo. App. 103, 108, 522 P.2d 1241, 1244 (1974). Cheyenne
presented evidence at the hearing that its expert valued the loss to Hostetler's
property rights at $14,875, including estimated crop loss damages. Hostetler
presented no evidence at the hearing as to this issue. The court therefore finds
that $14,875 is a sufficient amount for Cheyenne to deposit to take possession of
the subject property.
In addition, under § 38-1-101.5(1)(b), C.R.S. 2018, the court must require a
pipeline company to post a bond or cash deposit in the amount of double what
the court estimates to be cost of restoring the affected land to the same or
similar condition as before the installation of the pipeline. This bond shall not
be released until the court is satisfied that (1) the condemned land has been
restored; (2) if the affected land is productive agricultural land, the soil has been
restored to provide for continued agricultural activity; and (3) any damages
awarded by the court have been paid.
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page io of ii
Hostetler presented no evidence as to this issue. Cheyenne estimates that
the costs to restore the subject property to the condition it is currently in after
construction of the pipeline will be
14,640. The court therefore adopts
Cheyenne's estimate and orders Cheyenne to post a bond or cash deposit of
529,280, which represents double the amount of Cheyenne's estimated
restoration costs.
4. Order
Accordingly, Cheyenne's Motion for Immediate Possession is GRANTED.
Upon Cheyenne's deposit of
14,875 in the court registry, and the posting of a
bond or cash deposit in the amount of $29,280, Cheyenne is awarded possession
of the subject property, as described in Exhibit A, Exhibit A-1, and Exhibit B
attached to this Order. Cheyenne may not, however, begin construction on the
subject property until it has obtained all necessary permits and approvals from
the relevant federal, state, and county authorities.
So Ordered:
April 26, 2019
BY HE COURT:
I/
Y
Todd Taylor
District Court Judge
Order Granting Motion for Immediate Possession
Cheyenne Connector Pipeline v. Hostetler, 2019 CV 30082
Page n of ii
EXHIBIT A
PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA
Exhibit A
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CHEYENNE CONNECTOR PIPELINE, ANC,
PIPELINE EASEMENT
PART OF SE1/4 SEC. 16, T. 9 N., R. 66 W , 6TH P.M.
WELD COUNTY, COLORADO
STATE OF COLORADO
P.O.T.
N=1513293.62
E= 3199070. 03
N 1518'45" W
161.57'
P, 0,C.
SW COR SE1/4
SEC. 16 T.9N., R.66W,
WCR 104
N 8715'37" E
68.43•'
WEST LINE
CO -WE -9/3.510
RYAN L. HOSTETLER
7 N 26'54'33"
66.69°
W
A. T. W. S.
14,969 SO. FT.
WCR 104 N 87'15'37" E
P.0.8,
N=1513078.31
E=3199142.89
CO -WE -973.0 0
LEROY A BELLMORE
C SOUTH LINE
SE1/4
SE COR SE1/4
SEC. 16 T.9N., R.65W.
EASEM �.NLQENTERLINE TIQN
BEING A FIFTY (50): FO .,,:,.WIDE EASEMENT, TWENTY-FIVE (25) FEET
ON EACH SIDE OF T1-IEtLLOWING DESCRIBED CENTERLINE, WHOSE
SIDELINES EXT,ENO OR TRIM TO THE EDGES OF THE SUBJECT TRACT,
CROSSING THE SOUTHEAST QUARTER (SE1/4) OF SECTION SIXTEEN
(16), TOWNSHIP NINE (9) NORTH, RANGE SIXTH' -SIX (66) WEST OF
THE 6114 P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE SOUTI-WEST CORNER (SW COR) OF THE
SOUTHEAST QUARTER (SE1 /4) OF SAID SECTION SIXTEEN (16);
THENCE NORTH 87'15'37" EAST ALONG THE SOUTH UNE OF THE
SOUTHEAST QUARTER (SE1/4) OF SAID SECTION, A DISTANCE OF
68,43 FEET TO THE POINT OF BEGINNING (P.O.B.);
THENCE NORTH 15'18'45" WEST, A DISTANCE OF 161.57 FEET;
THENCE NORTH 26-54'33" WEST, A DISTANCE OF 66.69 FEET TO THE
WEST LINE OF' THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION,
BEING THE POINT OF TERMINATION (P.01.).
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GRAPHIC SCALE
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THIS EXHIBIT IS A PIPELINE ROUTE AND DOES NOT REPRESENT
A TRUE BOUNDARY SURVEY.
LOCATIONS OF UNDERGROUND PIPELINES AND UTILITIES SHOWN
ARE APPROXIMATE, ACCORDING TO ABOVE GROUND EVIDENCE
AND LOCATES PROVIDED BY OTHERS. UNIVERSAL SURVEYING &
MAPPING, L.L.C. IS NOT RESPONSIBLE FOR THE ACCURACY OF
SAID LOCATIONS.
THIS EXHIBIT WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE EASEMENTS OR OTHER MATTERS OF
RECORD THAT AFFECT THIS PROPERTY, WHICH ARE NOT SHOWN
HEREON. OWNERSHIP INFORMATION PROVIDED BY OTHERS.
BEARING BASIS: COLORADO STAIL PLANE COORDINATE SYSTEM,
NORTH ZONE, NAD 83. ALL DISTANCES AND COORDINATES
SHOWN ARE GRID VALUES, DERIVED FROM GPS OBSERVATIONS
USING 'AlGS RTK NETWORK.
P.O.C.
P.O.B.
P.O,T.
A,T.W.S.
LEGEND:
P.I.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
ADDITIONAL TEMPORARY WORKSPACE
JOB NO. 5815
PIPELINE NAME:
CHEYENNE CONNECTOR
SECTION: 16
TOWNSHIP: 9 NORTH
RANGE: 66 WEST
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PROPERTY OWNER: RYAN L
HOSTETLER
RECEPTION NO: 4393735
CHEYENNE CONNECTOR
PIPELINE, INC.
370 Van Ootdon St, Lakewood, Co 80228
Phone: (3 73) 763-950 tali rinsearrxyrn earl
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CENTERLINE LENGTH: 228.26 FT
CENTERLINE LENGTH: 13.83 RODS
PERMANENT EASEMENT: 0.26 AC.
TEMP. CONST. WORKSPACE: 0.53 AC.
ADD. TEMP. WORKSPACE: 0.34 AC.
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EXHIBIT "A"
CHEYENNE CONNECTOR PIPELINE, INC.
PIPELINE EASEMENT
PAX OF NW1/4 SEC. 16, T. 9 N,, R. 86 W., 6TH P.M.
WELD COUNTY, COLORADO
P.0. C.
NW COR NW1/4
SEC. 16 T.9N.., R.66W.
P.C.B.
0 N=1517609.25
O E=3196339.21
474'
A. T. W. S.
;; 43,542 SQ.
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N 89'59'43" E
471.86'
CO -WE -975.000
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WEST LINE
NW1,f4
SW COR
SEC. 16 'ESN., R.66W.
SOUTH LINE
N W1/4
EASEMENT INTERLINE DESCfIPTION
BEING A FIFTY (50) FOOI;, WIDE EASEMENT, TWENTY-FIVE (25) FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHOSE
SIDELINES EXTEND OR TRIM TO THE EDGES OF THE SUBJECT TRACT,
CROSSING THE NORTHWEST QUARTER (NW1 /4) OF SECTION SIXTEEN
(16), TOWNSHIP NINE (9) NORTH, RANGE SIXTY-SIX (66) WEST OF
THE 6TH Pa, WELD COUNTY, COLORADO. BEING MORE PARTICULARLY
DESCRIBED ,AS FOLLOWS:
NORTH LINE
tq wr1 /4
FT
SEE DETAIL "A"
S 27'57'00" E
,2149.60'
CO -WE -974,O0'
STATE OF COLORADO
COMMENCING (P.O.C.) AT THE NORTHWEST CORNER (NW COR) OF THE
NORTHWEST QUARTER (NW1/4) OF SAID SECTION SIXTEEN (16);
THENCE SOUTH 40'45'38" EAST ALONG THE WEST LINE OF THE
NORTHWEST QUARTER (NW1/4) OF SAID SECTION, A DISTANCE OF
724.35 FEET TO THE POINT 0r BEGINNING (P.0.6.);
THENCE NORTH 83'59'43" EAST, A DISTANCE OF 471.36 FEET;
THENCE SOUTH 27'57'00" EAST, A DISTANCE OF 2,149.60 FEET TO
THE SOUTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID
SECTION. BEING THE POINT OF TERMINATION (P.0.T.).
1I _
P.O. T
N=1515710.42
E=3197818.60
GRAPHIC SCALE
0 250 500
LOCATION MAP
NOT TO SCALE
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DETAIL "A"
NOT TO SCALE
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25' 60' 75'
TEMP. CONST. EASEMENT
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NOTES:
THIS EXHIBIT IS A PIPELINE ROUTE AND DOES NOT REPRESENT
A TRUE BOUNDARY SURVEY.
LOCATIONS OF UNDERGROUND PIPELINES AND UTILITIES SHOWN
ARE APPROXIMATE, ACCORDING TO ABOVE GROUND EVIDENCE
AND LOCA1 ES PROVIDED BY OTHERS_ UNIVERSAL SURVEYING &
MAPPING, L.L.C. IS NOT RESPONSIBLE FOR THE ACCURACY OF
SAID LOCATIONS.
ti
THIS EXHIBIT WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE EASEMENTS OR OTHER MATTERS OF
RECORD THAT AFFECT THIS PROPERTY, WHICH ARE NOT SHOWN
HEREON. OWNERSHIP INFORMATION PROVIDED BY OTHERS.
BEARING BASIS: COLORADO STATE PLANE COORDINATE SYSTEM,
NORTH ZONE, NAD 83. ALL DISTANCES AND COORDINATES
SHOWN ARE GRID VALUES, DERIVED FROM GPS OBSERVATIONS
USING WGS RTK NETWORK.
a
P.O.C.
P.O.B.
P.O.T.
A.T.W.S.
LEGEND:
P.I.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
ADDITIONAL TEMPORARY WORKSPACE
JOB NO. 5815
PIPELINE NAME:
CHEYENNE CONNECTOR
SECTION: 16
TOWNSHIP: 9 NORTH
RANGE; 56 WEST
PARCEL NO: CO -WE -975.000
PROPERTY OWNER: RYAN L.
HOSTETLER
RECEPTION NO: 4393735
CENTERLINE LENGTH: 2,621.46 FT
CENTERLINE LENGTH: 158.88 RODS
PERMANENT EASEMENT: 3.01 AC.
TEMP. CONST. WORKSPACE: 4.62 AC.
ADD. TEMP. WORKSPACE: 1.00 AC.
REV
DRWN
BY
CHIC
BY
DATA
0
LM
ZF
11/28/17
1
LM
ZR 110/16/18
i
CHEYENNE CONNECTOR
PIPELINE, INC.
370 Van Gordon SI. Lokewood, Co 80228
Phone: (303) 763-19151) tallgra ener ip coin
r PRFPAFFO riff
EMERALD MOUNTAIN
SURVEYS, ;NC.
3era Lbcu'.air Cc4a:
S€wmrxxu 54/091. CO r_'nt t
Phone. I470) II79.P7:4
Far X070) 8714:09
woo." ftrnHhldmlr. r*t
t:ccr-Worparaltt ntn-net
UNNERSAL SUR'eYIf4G
3 MAPPING. at
215 WA.nnuc
ZfiA6siltr, OK 74074
Fttalb (405} 372.O00a
Fos: 1405] 3724002
`vttw.;rr *ureeysrc °nee
c¢°C6\
N, o
(el 43 19
Q 6 4v
AtC. r
tf4-":
p,0
t4
,00
o n
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY
oz‘bn/
c4r1)
Exhibit A-1
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY
The SE1/4, the NE1/4 and the NW1/4 of Section 16, Township 9 North, and Range 66 West of the 6th
P.M., County of Weld, State of Colorado.
EXHIBIT B
DEPICTION OF TEMPORARY ACCESS EASEMENT
Exhibit B
rt. Pi rib ikir rib arElb r• e• r1 art
ICIV1PLJKAKT ALLCZ3 KUALI CAHibfl
I
Pe 'H
ask
HOSTETLER RYAN I
i
PROJECT CENTERLINE
TEMPORARY ACCESS ROAD
PARCEL BOUNDARY
143.42 FT
321.77 AC
its Efa
UINS Lek/ SAL
'afflaj
wa
r a44D St WiFtEX9 HOC
Description: A seventy (7O) foot wide strip of :and to be used as temporary construction ingress/egress. Roadway
may be upgraded or developed as needed for specified traffic.
Note: This exhibit does not represent -'Q pounder.. ,_.vey and is intended to portray occ-=-'
PROPERTY OF:
HOSTETLER RYAN I
CHEYENNE CONNECTOR PIPELINE
WELD COUNTY, COLORADO
ME E 70066
SCALE: 1" = 0.14° DATE: 1/4/2019
AFFECTED TRACT: CO -WE -975.000
DRAWING NO. 176 / CO -WE -975.000
DRAWN BY: SH
CHECKED BY: AL REV: B
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address:
901 9th Avenue
Greeley, Colorado 80631
Petitioner:
CHEYENNE, CONNECTOR PIPELINE, INC., a Colorado
corporation,
v.
Respondent:
LOWER LATHAM RESERVOIR COMPANY, a Colorado
Nonprofit Corporation.
DATE FILED: April 26, 2019 8:37 AM
CASE NUMBER: 2019CV30181
A COURT USE ONLY
Case Number: 19CV030181
Div.: 5 Ctrm.:
ORDER
THIS MATTER comes before the Court pursuant and subject to the Stipulation for
Possession submitted to the Court by Petitioner Cheyenne Connector Pipeline, Inc. and
Respondent -Landowner Lower Latham Reservoir Company ("Respondent"). Said Stipulation is
accepted by the Court and the provisions thereof are by reference incorporated herein. The
Court, being fully advised in this matter hereby,
FINDS that, as more fully set forth in the Stipulation for Possession, it is necessary for
Petitioner to take the property interests described in the Petition in Condemnation, as set forth in
Exhibit 1 attached hereto ("Subject Property"), for the purposes described in the Petition; that
there has been a failure of negotiations between the parties with regard to the compensation due
for the acquisition of the Subject Property prior to the filing of this action; that the purposes for
which Petitioner seeks to acquire the Subject Property are public purposes; and that Petitioner
has the power and authority to acquire the Subject Property by condemnation. The Court further
FINDS that the sum of $202,352.00 is sufficient for Petitioner to pay into the District
Court registry as a deposit ("Deposit") for the benefit of the Respondent until compensation if
finally ascertained for the taking of the Subject Property. The Deposit shall be the minimum
amount, or floor, of the amount of compensation to which Respondent -Landowner is entitled to
for the acquisition.
FINDS that an additional preliminary bond or cash deposit by Petitioner in the amount of
$85,050 for reclamation efforts is sufficient under C.R.S. § 38-1-101.5(2). Respondent -
Landowner may later request the Court increase the amount of the preliminary bond or cash
deposit if after Petitioner's reclamation plan is disclosed the Respondent -Landowner (which
Petitioner shall do no later than ten days after the date of the Stipulation for Possession or one
week prior to Petitioner's commencement of construction, whichever occurs first) believes that
the amount of the preliminary bond or cash deposit is inadequate.
IT IS THEREFORE ORDERED that, subject to the conditions set forth herein and in the
Stipulation for Possession, upon execution of this Order for Possession but no sooner than
Petitioner's receipt of a Certificate of Public Convenience and Necessity from the Federal Energy
Regulatory Commission, and upon Petitioner's deposit of the sum set forth above into the
District Court, as well as Petitioner's submission of a bond or cash deposit in the amount set
forth above, Petitioner may take possession of the Subject Property and may possess, use and
enjoy the Subject Property in accordance with the rights, benefits and privileges as set forth in
Exhibit 1 attached hereto against Respondent, its successors, assigns, and representatives and all
persons or entities claiming any right, title or interest in and to the Subject Property by, through
or under Respondent all during the pendency of this action, without interference from
Respondent or its successors, assigns, and representatives and all persons or entities claiming any
right, title or interest in and to the Subject Property by, through or under Respondents.
IT IS FURTHER ORDERED that the Clerk of the District Court shall accept Petitioner's
deposit in the amount of $202,352.00 and Petitioner's additional bond or cash deposit in the
amount of $85,050.00 per C.R.S. § 38-1-105(2).
IT IS FURTHER ORDERED that the immediate possession hearing scheduled for
Monday, April 29, 2019 is hereby vacated.
Dated: April 26, 2019
BY THE COURT:
District Court Judge
2
DISTRICT
Court
901
Greeley,
Address:
Avenue
Colorado
COURT,
80631
WELD
COUNTY,
COLORADO
♦ COURT
USE
ONLY
9th
Petitioner:
CHEYENNE
corporation,
v.
Respondent:
LOWER
Nonprofit
LATHAM
PIPEL
I
INC.,
a Colorado
a Colorado
CONNECTOR
TE,
RESERVOIR
COMPANY,
Case Number:
Div.: 5
19CV030181
Ctrm.:
Corporation.
Attorney
or
Without
Attorney:
Party
Name:
Address:
Telephone:
-Mail:
-Mail:
-Mail:
Miller,
&
17th
CO
Miller,
Ave,
1116306
3rd
LLC
Floor
A-220
Suite
25105
12458
&
500
todd@millerlawco.com
Todd
Miller
2420
Denver,
303-877-2681
80202
E
Flame:
Address:
Telephone:
E
Douglas
7200
Centennial,
303-839-1550
doug@butcherwidlund.com
Attorneys
Richard
Donald
Hamre,
Dingess,
3600
Denver,
303-779-0200
mail@hrodlaw.com
Widlund
S.
S.
S.
Alton
F.
M.
Rodriguez,
Yosemite
CO
Law,
for
P.C.
Widlund,
CO
Rodriguez,
Ostrander,
80237
LLC
Street,
#21042
Suite
Ostrander
No.
No.
Way,
Petitioner
80112
Name:
Address:
Telephone:
E
Attorneys
for Respondent
STIPULATION
POSSESSION
FOR
Petitioner, Cheyenne Connector Pipeline, Inc. ("Petitioner"), and Respondent -
Landowner Lower Latham Reservoir Company ("Respondent") submit the following Stipulation
for Possession and request that an Order for Possession be executed by the Court in the form
attached hereto based upon this Stipulation.
1. Petitioner shall deposit into the District Court registry the sum of $202,352.00
(the "Deposit"). This Deposit represents more than Petitioner's appraised value for the
acquisition of the property interests described in Exhibit 1 to the Petition in Condemnation (the
"Subject Property") and will constitute the minimum, or floor, of the amount of compensation
owed to the Respondent -Landowner.
2. Petitioner shall post a preliminary bond or cash deposit with the Court in the
amount $85,050 for reclamation efforts, as required by C.R.S. § 38-1-101.5(2). Petitioner agrees
Respondent -Landowner reserves the right to later request the Court increase the amount of the
preliminary bond or cash deposit if after Petitioner's reclamation plan is disclosed (which
Petitioner shall do no later than ten days from the date of this Stipulation for Possession or one
week before Petitioner's commencement of construction, whichever occurs first) the
Respondent -Landowner believes that the amount of the preliminary bond or cash deposit is
inadequate.
3. Upon entry of an Order for Possession but no sooner than Petitioner's receipt of a
Certificate of Public Convenience and Necessity from the Federal Energy Regulatory
Commission, and based upon this Stipulation and Petitioner's compliance with the requirements
of Paragraph 1 above, Petitioner may take possession of the Subject Property and may possess,
use and enjoy the Subject Property in accordance with the rights, benefits and privileges as set
forth in Exhibit 1 attached hereto against Respondent, its successors, assigns, and representatives
and all persons or entities claiming any right, title or interest in and to the Subject Property by,
through or under Respondent all during the pendency of this action, without interference from
Respondent or their successors, assigns, and representatives and all persons or entities claiming
any right, title or interest in and to the Subject Property by, through or under Respondent.
4. Pursuant to C.R.S. § 38-1-105(6)(b), Petitioner agrees that Respondent may
withdraw one hundred percent (100%) of the Deposit, provided all parties interested in the
Subject Property consent and agree to such withdrawal.
5. Respondent verifies that it is the owner in fee of the Subject Property and has the
authority to grant possession to Petitioner herein.
6. By entering into this Stipulation, the parties do not waive the right to raise any
issue pertaining to just compensation at the time of a valuation trial in this action. Further the
parties stipulate and agree the amount of the Deposit set forth in this Stipulation shall be
sequestered by the Court from the fact finder in this action.
2
7. Respondent agrees for the purposes of this action that: 1) the Court has full
jurisdiction over the Subject Property and the parties to this action; 2) Petitioner has the power
and authority to acquire the Subject Property by condemnation under the specific statutes
identified in the Petition in Condemnation; 3) the purposes for which Petitioner is acquiring the
Subject Property are public purposes; and 4) the Subject Property is necessary for Petitioner's
public purposes stated herein. Respondent also agrees that despite good faith negotiations
between the parties for the acquisition of the Subject Property prior to the filing of this
condemnation action, the parties were unable to agree upon compensation due. The parties agree
that the only remaining issues in this action are those issues pertaining to the determination of the
compensation due for the taking of the Subject Property.
8. If the final award, verdict or settlement of just compensation is greater than the
Deposit, then the Deposit shall be and constitute a partial payment of the just compensation to be
paid to Respondent, and shall be deducted from any award, verdict or settlement.
9. Petitioner agrees that Respondent may have 90 days from the date the order is
entered to obtain an appraisal at Petitioner's expense.
10. The Parties request that the Court vacate the immediate possession hearing
scheduled for April 29, 2019.
Dated this 25th day of April, 2019.
Accepted and Agreed:
MILLER & MILLER, L.L.C.
By /s Todd Miller
Todd Miller, #16306
ATTORNEYS FOR PETITIONER
WIDLUND LAW, L.L.C.
By /s Douglas S. Widlund
Douglas S. Widlund, #21042
ATTORNEYS FOR PETITIONER
3
HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C.
By /s Richard F. Rodriguez
Richard F. Rodriguez
ATTORNEYS FOR RESPONDENT
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 25th day of April, 2019, a true and correct
copy of the foregoing was filed and served via the Colorado Courts E -Filing System to counsel
for the Respondent.
Donald M. Ostrander
Richard F. Rodriguez
Hamre, Rodriguez, Ostrander & Dingess, P.C.
3600 S. Yosemite Street, Suite 500
Denver, Colorado 80237
Email: mail@hrodlaw.com
Counsel for Respondent
is Amy Knight
4
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address:
901 9th Avenue
Greeley, Colorado 80631
Petitioner:
CHEYENNE CONNECTOR PIPELINE, INC., a Colorado
corporation,
v.
Respondent:
VINCENT A. HOLTON.
DATE FILED: April 18, 2019 3:32 PM
CASE NUMBER: 2019CV30075
♦ COURT USE ONLY
Case Number: 2019CV30075
Div.: 4 Ctrm.:
ORDER
THIS MATTER comes before the Court pursuant to a Stipulation for Possession
submitted to the Court by Petitioner Cheyenne Connector Pipeline, Inc. and Respondent Vincent
A. Holton ("Respondent"). Said Stipulation is accepted by the Court and the provisions thereof
are by reference incorporated herein.
The Court further orders:
a. Petitioner shall pay into the District Court registry as a deposit for the benefit of the
Respondent $125,000 until compensation is finally ascertained for the Subject
Property, which is identified in Exhibit 1, attached hereto.
b. Petitioner shall post a bond or deposit a cash deposit in the amount of $50,000, and
finds this is sufficient under C.R.S. § 38-1-101.5(2).
c. Subject to the conditions set forth herein and in the Stipulation for Possession, upon
execution of this Order for Possession and upon Petitioner's deposit of the sum set
forth above into the District Court, as well as Petitioner's submission of a bond or
cash deposit in the amount set forth above, Petitioner may take possession of the
Subject Property and may possess, use and enjoy the Subject Property in accordance
with the rights, benefits and privileges as set forth in Exhibit 1 against Holton, his
successors, assigns, and representatives and all persons or entities claiming any right,
title or interest in and to the Subject Property by, through or under Holton all during
the pendency of this action, without interference from Holton or his successors,
assigns, and representatives and all persons or entities claiming any right, title or
interest in and to the Subject Property by, through or under Holton.
IT IS FURTHER ORDERED that the Clerk of the District Court shall accept Petitioner's
deposit in the amount of $125,000, as well as Petitioner's bond or cash deposit in the amount of
$50,000 as set forth herein. The hearing on Petitioner's Motion for Immediate Possession,
scheduled for April 19, 2019, is hereby vacated.
Dated:
April 18, 2019
0
2
BY THE COURT:
(
District Court Judge
EXHIBIT 1 DATE FILED: April 18, 2019 2:07 PM
1. Permanent and Temporary Easements; Use. Cheyenne Connector Pipeline, Inc.,
a Colorado corporation ("Cheyenne"), whose address is 370 Van Gordon Street, Lakewood,
Colorado 80228, shall have permanent and temporary easements in, on, over, under, and through
the land identified, described and depicted as the permanent easement area ("Permanent Easement
Area") and temporary easement area ("Temporary Easement Area") on Exhibit A attached hereto
and incorporated herein by this reference (collectively, the "Easement Lands"). The Easement Lands
are located on the real property situated in Weld County, State of Colorado, owned by Vincent
A. Holton ("Owner" whether one or more), whose address is PO Box 359, Galeton, CO 80622-
0359, and more particularly described on Exhibit A-1 attached hereto and incorporated herein
by this reference (the "Property"). Cheyenne shall have the right to use the Easement Lands located on
the Property to survey (including, but not limited to, civil, environmental, geotechnical, and
cultural surveys), access, construct, maintain, clear, inspect, test, upgrade, operate, repair,
replace, modify, change the diameter of, reconstruct, mark, monitor, patrol, protect, abandon in
place or remove, at Cheyenne's election, one pipeline, and all related equipment and
appurtenances, below and/or above ground, necessary for the transportation or transmission of
natural gas, including but not limited to, meters, regulators, valves, launchers/receivers, vent
pipes, line markers, taps, rectifiers, alternating current mitigation, cathodic protection, fiber
optic communication lines related to thermonitoring and operation of the pipeline, including
enclosures for the aforesaid appurtenances, except that Cheyenne must locate the aforesaid
appurtenances in a location and manner as not to harm the cattle or to allow cattle to destroy
said aforesaid appurtenances (the pipeline together with such appurtenances are collectively
referred to herein as the "Pipeline" and the foregoing rights and those provided to Cheyenne
elsewhere hereunder (including the access easement described in Section 2 below) are
collectively referred to herein as the "Easement Rights"). Cheyenne may (in its discretion)
record a Notice of Pipeline Location along with an as -built survey describing and/or depicting
the location of the Permanent Easement Area and/or the location of the Pipeline within the
Permanent Easement Area.
f ;Vi
2. Access Easement; Use. Cheyenne shall have a fifty foot (50') wide temporary
access easement in, on, over, across, and through that portion of the Property identified and
depicted on Exhibit B attached hereto and incorporated herein by this reference (the "Access
Easement Area") for the purpose of ingress and egress to and from the Permanent Easement
Area and Temporary Easement Area. The right of ingress and egress shall include vehicles and
heavy equipment, including but not limited to 18 -wheel trucks transporting pipe and heavy
equipment to be used during Cheyenne's construction of the Pipeline. Cheyenne is authorized
to obtain any required roadway permits on Owner's behalf. The portion of the Property on which
the Access Easement Area is located shall be included in the definition of Easement Lands for
purposes of this instrument.
3. Reservation by Owner. Provided it does not materially interfere with or prevent
the exercise by Cheyenne of its rights hereunder or create an actual or potential hazard to the
Pipeline, Owner reserves for itself, its successors, heirs and assigns, the right to cultivate, use
and occupy the Easement Lands. Notwithstanding the foregoing, Owner shall not drill wells,
excavate, alter the ground elevation or grade, construct any dam, road, parking lot, building or
structure, plant any trees or shrubs, or otherwise create a water impoundment (collectively, the
"Prohibited Items") within or over the Permanent Easement Area at any time, or within or over
the Temporary Easement Area or the Access Easement Area during the term of the Easement
Rights within the Temporary Easement Area and the Access Easement Area, without prior
written authorization of Cheyenne, which shall not be unreasonably withheld. Owner shall have
the right to cross the Easement Lands and Pipeline by crossing on the surface of the psenkent
Lands at any time with vehicles necessary to permit Owner to exercise its rights to use the
Easement Lands and any lands adjacent thereto.
4. Prohibited Items. If any Prohibited Items are placed upon the Easement Lands
without Cheyenne's prior written consent, Cheyenne shall have the right, but not the obligation,
to enter and remove any such Prohibited Items upon notice to Owner, as well as any other
remedies at law. Cheyenne shall have the right to install gates in fences and driveway culverts
that cross the Easement Lands to facilitate Cheyenne's access to the Easement Lands and
exercise of the Easement Rights; however such gates and/or fences shall not interfere with
Owner's irrigation system or cattle.
5. Term. Cheyenne's Easement Rights within the Permanent Easement Area shall
be in perpetuity. Cheyenne's Easement Rights within the Temporary Easement Area and the
Access Easement Area shall expire April 15, 2020.
6. Depth of Cover. Cheyenne shall construct the underground portions of the
Pipeline with: (i) at least forty-eight inches (48") of soil cover; or (ii) in areas containing rock,
twenty-four inches (24").
7. Restoration of Easement Lands. Cheyenne shall restore the surface of the
Easement Lands, as nearly as reasonably practicable and permissible, to its prior condition
following any disturbance occasioned by construction or use of the Easement Lands by
Cheyenne, its contractors, or agents.
8. Covenants Running with the Land; Assignment. This instrument shall be
recorded in the real property records where the Easement Lands are located, and the terms of
this instrument shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties and their respective successors, assigns, personal
representatives, and heirs. This instrument may be assigned in whole or in part by Cheyenne.
9. kikr Notices. All notices required or permitted under or otherwise due as a result of
this instrument shall be given by overnight courier service, by registered or certified mail,
postage prepaid, or by hand delivery, directed to the address for such party specified in Section
1 above, or at such other address provided by such party.
10. Miscellaneous. Failure of any party hereto to insist upon the strict performance
of any provision of this instrument shall not be construed as a waiver for the future of any such
provision. No breach of this instrument shall entitle either party to cancel, rescind or otherwise
terminate the Easement Rights, but such limitation shall not affect in any manner any other
rights or remedies which such party may have hereunder or pursuant to applicable law. Non-use
of the Easement Lands shall not constitute abandonment of the Easement Lands, the Easement
Rights or any other rights granted herein, and shall not be grounds for termination of this
instrument, except that if Cheyenne abandons the pipeline either in place or removes the pipe,
all related equipment and all appurtenances thereto then the easement shall terminate.
EXHIBIT A
PERMANENT EASEMENT AREA AND TEMPORARY EASEMENT AREA
Exhibit A
0
0
0
N
to
N
O
cn
tJ
O
EXHIBIT "A"
CHEYENNE CONNECTOR PIPELINE, INC,
PIPELINE EASEMENT
PART OF E1/2 SEC. 12, To 6 N., R. 65 Wo9 6TH RM.
WELD COUNTY, COLORADO
CO -WE -902.530
THOMAS J. BARTELS
NORTH LINE
LOT B
P.O.B.
N=1427916.93
E=3249075.55
S 00'06'47" W
563.21'
CO -WE -902.520
VINCENT A. HOLTEN
LOT B - EXEMPTION NO.
0803-12-1 2NDAMRE-3230 -
RECEPTION NO. 3266551
25'--t---
S 00°20'35" Wm
1616.13'
S 09°39'07" E
233.41'
P.O.T.
N=1 25360.24
E= 249105.01
S 00°17'42" E
1114.62'
N 90°00'00" W ---
735.23'
T.W.S.
NARROWS
A.T.W.S.
30,121
SQ. FT.
\ P.O.C.
NE COR NE1/4
SEC. 12 T.6N., R.65W.
LU
N
i
i
S 0026'05" E
147.29'
T.W.S.
NARROWS
CO -WE -902.510
EASEMENT CENTERLINE DESCRIPTION SIMON RODRIGUEZ
BEING A HI- IY (50) FOOT WIDE EASEMENT, TWENTY-FIVE (25) FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHOSE
SIDELINES EXTEND OR TRIM TO THE EDGES OF THE SUBJECT TRACT,
CROSSING A PART OF LOT B PER EXEMPTION NO. 0803-12-1
2NDAMRE-3230 AT RECEPTION NO. 3266551 AT THE OFFICE OF THE
WELD COUNTY CLERK, BEING PART Of: THE EAST HALF (E1/2) OF
SECTION TWELVE (12), TOWNSHIP SIX (6) NORTH, RANGE SIXTY-FIVE
(65) WEST OF THE 6TH P.M., WELD COUNTY. COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (P.O.C.) AT THE NORTHEAST CORNER (NE COR) OF THE
NORTHEAST QUARTER (NE1/4) OF SAID SECTION TWELVE (12);
THENCE SOUTH 00'17'42" EAST ALONG THE THE EAST LINE OF THE
NORTHEAST QUARTER (NE1/4) OF SAID SECTION, A DISTANCE OF
1,1 14.62 FEET;
THENCE NORTH 00'00'00"
THE NORTH LINE OF SAID
(P.O.B.);
THENCE SOUTH 00'06'47"
THENCE SOUTH 00'20'35"
THENCE SOUTH 09'39'07"
THENCE SOUTH 00'26'05"
SOUTH LINE OF SAID LOT
(P.O.T.).
WEST, A DISTANCE OF 735.23 FEET TO
LOT B, BEING THE POINT OF BEGINNING
WEST, A DISTANCE OF 563.21 FEET;
WEST, A DISTANCE OF 1616.13 FEET;
EAST, A DISTANCE OF 233.41 FEET;
EAST, A DISTANCE OF 147.29 FEET TO THE
B, BEING THE POINT OF TERMINATION
P.O.C.
P.O.B.
P.O.T.
A.T.W.S.
T.W.S.
EAST LINE
NE1/4
G R APH C SCALE
0 250 500
( IN FEET )
1 inch = 500 ft.
R. 65 W.
WCR 72
1
2
EASEMENT
LOCATION
WCR 70
LOCATION MAP
SE COR NE1/4 NOT TO SCALE
SEC. 12 T.6N., R.65W.
SOUTH LINE
LOT B
NOTES:
THIS EXHIBIT IS A PIPELINE ROUTE AND DOES NOT REPRESENT I
A TRUE BOUNDARY SURVEY.
T.
tr 6
{' N.
z
w
w
U)
w
TEMP. CONST.
DETAIL "A"
NOT TO SCALE
15',25'!25'!60'
PERMANENT EASEMENT
PERMANENT EASEMENT
TEMP. CONST. EASEMENT
75'
zr
u
0�
O W
tx
0- tai
r
u�
- Li
o2
Q �t
LOCATIONS OF UNDERGROUND PIPELINES AND UTILITIES SHOWN
ARE APPROXIMATE, ACCORDING TO ABOVE GROUND EVIDENCE
AND LOCATES PROVIDED BY OTHERS. UNIVERSAL SURVEYING &
MAPPING, L.L.C. IS NOT RESPONSIBLE FOR THE ACCURACY OF
SAID LOCATIONS.
THIS EXHIBIT WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE EASEMENTS OR OTHER MATTERS OF
RECORD THAT AFFECT THIS PROPERTY, WHICH ARE NOT SHOWN
HEREON. OWNERSHIP INFORMATION PROVIDED B" OTHERS.
BEARING BASIS: COLORADO STATE PLANE COORDINATE SYSTEM,
NORTH ZONE, NAD 83. ALL DISTANCES AND COORDINATES
SHOWN ARE GRID VALUES, DERIVED FROM GPS OBSERVATIONS
USING WGS RTK NETWORK.
LEGEND:
to P.I.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
ADDITIONAL TEMPORARY WORKSPACE
TEMPORARY WORKSPACE
ED PIPELINE NAME:
w CHEYENNE CONNECTOR
SECTION: 12
to
TOWNSHIP: 6 NORTH
a RANGE: 65 WEST
REV
DRWN
BY
CHK
BY
DATE
0
ZF
LM
11/28/17
1
ZF
LM
12/1/17
2
ZF
LM
1/16/18
3
SL
LM
8/07/18
PARCEL NO: CO -WE -902.520
PROPERTY OWNER: VINCENT A.
HOLTEN
RECEPTION NO: 4051740
CENTERUNE LENGTH: 2,560.04 FT
CENTERUNE LENGTH: 155.15 RODS
PERMANENT EASEMENT: 2.94 AC.
TEMP. CONST. WORKSPACE: 3.84 AC.
ADD. TEMP. WORKSPACE: 0.69 AC.
CHEYENNE CONNECTOR
PIPELINE, INC.
370 Van Gordon St, Lakewood, Co 80228
Phone: (303) 763-2950 tallgr'assenerg3'lp.ccm
PREPARED BY:
EMERALD MOUNTAIN
SURVEYS, INC.
380 Bcarvie w Court
Stoamooat Sprhins, CO 80487
Phone: (970) 879-8998
Fax: (970) 871-3009
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be re rncraldmtn,nof
U
UNIVERSAL SURVEYING
& MAPPING. LLC
216 W. 6th Avenue
SUPnatcr. OK 74074
Phone:1405)372-0000
Far (46,5) 372-0002
YvNv usmsurve' nq.com
JOB NO. 5815
PAGE 1 OF 1
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY
Exhibit A-1
EXHIBIT A-1
LEGAL DESCRIPTION OF THE PROPERTY
A parcel of land in the NE1/4, NE1/4 SE1/4 of Section 12, Township 6 North, Range 65 West of the 6th
P.M., County of Weld, State of Colorado, described by Lot "B" in the 2nd Amended Recorded
Exemption NO. 0803-12-1 2nd AMRE-3230, recorded March 08, 2005 at reception numbei"3266551 in
the Weld County, Colorado Recorders Office.
EXHIBIT B
DEPICTION OF TEMPORARY ACCESS EASEMENT
J'
Exhibit B
A
TEMPORARY ACCESS ROAD EXHIBIT "B"
Vincent Holton
CO -WE -902.520
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PROJECT CENTERLINE
TEMPORARY ACCESS ROAD 605.52 FT
PARCEL BOUNDARY
138.21 AC
sea aw
ass an
UNIVERSAL
arena
' e 'rr
11510 SERVICES. INC
Description: A seventy (70) foot wide strip of land to be used as temporary construction ingress/egress. Roadway
mcly be ungraded or developed as needed for specified traffic.
-hibit does not represent a boundary survey and is intended to portray access road use only.
PROPERTY OF:
Vincent Holton
CHEYENNE CONNECTOR PIPELINE
WELD COUNTY, COLORADO
AFE 70066
SCALE: 1" = 0.09'
DATE: 12/12/2018
AFFECTED TRACT: CO -WE -902.520
DRAWING NO. 102 / TAR -058
DRAWN BY: SH
CHECKED BY: AL
REV: B
REV. B
GaIetc i
tyRudd t.•8
PROJECT CENTERLINE
TEMPORARY ACCESS ROAD
PARCEL BOUNDARY
74.19 FT
2.81 AC
------
saws an
UNIVERSAL
------
FIELD SERVICES ism
Description: A seventy (70) foot wide strip of land to be used as temporary construction ingress/egress. Roadway
-lay be upgraded or developed as needed for specified traffic.
ote: This exhibit does not represent a boundary survey and is intended to portray access rood use only.
PROPERTY OF:
HOLTON VINCENT ALBERT
CHEYENNE CONNECTOR PIPELINE
WELD COUNTY, COLORADO
ME 70066
SCALE: 1" = 0.02'
DATE: 3/20/2018
AFFECTED TRACT. NO. HOLTON VINCENT ALBERT
DRAWING NO. 79 / TAR -058
DRAWN BY: SH CHECKED BY: AL
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