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Home My WebLink About20161338.tiff RESOLUTION RE : AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38 -1 -101 , C . R. S . , AGAINST DECHANT FARMS PARTNERSHIP WHEREAS , the Board of County Commissioners of Weld County , Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County , Colorado , and WHEREAS , Weld County is in need of acquiring additional Property for the expansion of Weld County Road 49 , in a portion of Section 25 , Township 5 North , Range 65 West of the 6th P . M . , Weld County , Colorado , as more fully described and depicted in the attached Exhibits , and • Exhibit A, Legal Description of Right-of-Way ( ROW) , 3 . 71 acres ; • Exhibit B , Legal Description of Permanent Easement ( PE ) for DCP Midstream LP , 2 . 03 acres ; • Exhibit C , Legal Description of Temporary Construction Easement (TCE ) , 2 . 42 acres ; • Exhibit D , Legal Description of Permanent Easement ( PE ) for United Power, 0 . 014 acres ; • Exhibit E , Form of TCE ; • Exhibit G , Form of PE for DCP Midstream LP ; • Exhibit H , Form of PE for United Power, and WHEREAS , in an appraisal prepared by Jon Vaughn , Certified Appraiser, the value of the Property to be acquired is established at $74 , 150 . 00 , and WHEREAS , said Property is owned by Dechant Farms Partnership , and WHEREAS , negotiations with the Property Owners have included letter dated May 6 , 2015 , from James A . Coffey , Briggs Field Services , Inc . , to the property owner, titled " Notice of Intent to Acquire Property and Authority to Obtain Appraisal " ; further correspondence occurred by phone calls , letters , emails , and in person meetings between Leon Sievers and Tiffane Johnson of the Weld County Department of Public Works and the principles for the Property Owner, and WHEREAS , Weld County has made a final offer to purchase the Property on March 8 , 2016 , for the compensation amount of $81 , 032 . 00 , and WHEREAS , the County and the Property Owner have attempted to negotiate compensation , but have been unable to agree on compensation , and WHEREAS , to date , the parties have been unable to reach an agreement for the purchase of said Property , and WHEREAS , the expansion of Weld County Road 49 , between 1 -76 and U . S . Highway 34 , as it proceeds past the Property Owner' s property , is necessary for the public good to provide safety for the traveling public due to historic and projected increased traffic on said roadway , and CY -• (4C) ry �� / L 2016- 1338 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38- 1-101, C.R.S., AGAINST DECHANT FARMS PARTNERSHIP PAGE 2 WHEREAS, the property owner was notified through counsel by letter dated April 12, 2016, of the place and time of the hearing at which the Board approved this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to file a proceeding in eminent domain, pursuant to Section 38-1-101 et. seq., C.R.S., against Dechant Farms Partnership, in the Weld District Court to acquire the Property described and depicted in the attached Exhibits. BE IT FURTHER RESOLVED by the Board that the acquisition of such Property is deemed necessary for the health, safety and welfare of the citizens of Weld County, Colorado. BE IT FURTHER RESOLVED by the Board that the Controller shall cause to be paid $81,032.00 into the Registry of the Court, being the amount that Weld County estimates is the appropriate value of the property including all damages, for the purpose of acquiring the aforementioned property upon the filing of a motion for possession of the property, or if in conjunction with a joint and stipulated motion for immediate possession or a stipulated Rule and Order, payment may be made to Respondent as an alternative to depositing such sums into the Registry of the Court. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddraf n/ � .aC,[Lo•11 F Weld County Clerk to the Board Sean P. Conway, Pro-T m Deputy Cl; to the = :r��►` , , _,-.0!)tel f .�"�•. . t A. ozad APP ED AS arbar Kirkmeyer ounty Attorney Steve Moreno Date of signature: �/'�//1.° 2016-1338 CA0015 (RAre,d' *zz) PHOTO F \tnig + r rte` � p F 1 ..�.• *' - k Mt Wit_ } ti J.I T' ki ter. en : ii, NW r t P..-% 41: °, 11 , , , - , e F I URtT OF _ , ` ' AC U4REb - 161 ,716 sf. R 3. 71 - ac_ ± ---, *`` 0 dig; PE MANE ! E ,ASEM $:_I' • )r I. , AC y f �} t J r , 1 Le03 ac ii r lil i ii L, - 1 I '. II I41+# h 4 ;+ re 1ei „sit I' '' VI`l , DEC 1�1 - - Ss , mow, 1 � � I' r '1 -`*k I ' i ,i , j I I - =s r �. II I Ili - _ P S3 �} - :7), S3 T3N-R6 s .r rw e51,7.11` L'° $ . • . f 4 r , . ,;;;f' w1 r Fl �^i + �� 1Ir '; .#[w ARY fr( : 6 " . S3 AEN . ' -ACQUIRE "'` ,r r - 4 ;' r1 . I. A w 1 - tql / l'i j ly it.. r J k , .q , _ rrl I If V .FI SET : : Tmiesseiriotii QUIRED a T3N —R65 x --- _ _ , __._ _ _ _ - - 2016-1338 i , i l . EXHIBIT-A 22—DECHANT FAKIR—ROY►` PROPERTY DESCRIPTION A parcel of land being part of Section Thirty—six (36), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows; COMMENCING at the Southeast corner of sold Section 36 and assuming the East line of said Section 36, being montamentolized by a #6 rebar with n 3 34" diameter aluminum cap stamped 1313155, 1999" at the South end and by a #6 rebar with o 3 34" diameter aluminum cap stamped 1.S23027. 2002" at the North end, as bearing North 00'21`18" • Weat, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 5291.31 feet, with all ether bearings contained herein relative thereto: THENCE North 00'21'18 West along the East line of said Section 36 a distance of 30.00 feet to a point being Thirty (30) feet, as measured at a right angle, North of the South line of sold Section 36; THENCE South 89'14'15" West along c line being Thirty (30) feet, as measured at a right tingle, North of and parallel with the South line of said Section 36 a distance of 40.00 feet to a point being Forty (40) feet, as measured at a right angle, West of the Eget line of said Section 36. sold point being the intersection of the West Right—of—way line of Weld County Road No. 49 and the North Right—of—way line of Weld County Rood No. 26, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of said Section 36, said North Right—of—way line being Thirty (30) feet, as measured at a right angle. North of and parallel with the South line of said Section 36, sold point being the POINT OF BEGINNING; THENCE continuing South 8910'15" West along said North Right—of—way line a distance of 46.00 feet; THENCE North ©1+54'12" East a distance of 97.86 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 616.10 feet to Point of Tangency (PT), sold point being Thirty (30) feet, as measured at a right angle, West of said West Right—of—way line, said curve having a radius of 15630.00 feet, a central angle of 0215'31 " and a long chord bearing North 00'46`27 East a distance of 616.06 feet; THENCE North 00"21'1B" West along a line being Thirty (30) feet, os measured of a right angle. West of and parallel with said West Right—of—way line a distance of 4548.12 feet to the North line of said Section 36; THENCE North 89'30'40" Eost along the North line of said Section 36 a distance of 30.00 feet to said West Right-of—way • line; THENCE South 00'21'18" East along said West Right—of- way tine a distance of 5261.54 feet to the POINT OF BEGINNING. Said parcel of land contains 161,716 sq. ft. or 3.712 acres, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on sold described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ The East Forty (40) feet of sold Section 36. Said existing Right—of—way contains 211,657 sq. ft. or 4.859 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. Y 0 " • �j f • r 38106 rc a • e Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY at- WELD COUNTY DEPARTMENT ACQUISITION a 0:• OF PUBLIC WORKS ft4v zx Alt ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 26 & 28 DECHANT FARMS KING SURVEYORS rROJECT .NO: SRP-26 SCALE:N/A Cfj. 496'40 F rnrde i Drive I \' .ndsor Cultic-Anktk3,(I 'WELD -- COUNTY, COLORADO t.";i '" o6 .;ntl "ua:m"i:Kiog$iu,ttyuna'n, DATE: 4-22.15 DRAWN BY_ CDL .oft EXHffiiTA i - - IIi Nr CORWFR I S36-T3N-RO3W FOUND #e REBAR VAN ' I '1 3.25" ALUMINUM CAP JO' WWII EASEMENT L ST M 11 D LS( 23027, 2002 TD DCP MOSTRE'A , LP 1 • (REG ma 3822338) 1 ... . . -W . 8 -- -- - - . . 25' PIPELINE EASEMENT TO SCE GATHERING SYSTEMS, km CURVE TABLE NEC. NO. 256x74.1) , CENI£RUNE OF PIPELINE EASEMENT 1 TO ASSOCIATE:0 NATURAL cAg, WC CURVE LENGTH RADIUS DELTA CHORD CH BEARING rro0 GEN (REC. NO. 02329289) i C1 616.1O' 15630.00' 2'15'31" 616.06' N©0"46'27"E 40' EXISTING RIGHT-OF-WAY (ROCK 1046 PAGE 16)- r- S36-T3N-R65W r • 0 . 9 .� LINE TABLE DECIUANT FARMS m - - , PARC.#.12336000006 0316- LINE BEARING LENGTH I�ECP.#242$ 31 - I L1 N00'21'18"W 3O.OO' i. 30' PIPELINE EASEMENT 0 03 y L2 589'10'15"W 4O.OO' : I TO DCP.MIDSTRI AEI, LP 42 Z .. (SPEC• ma reae2,j L3 S89'10'15"W 46.00' ¢ L4 NO1'54'i 2"E 97.86' 1 ADDITIONAL RIGHT—OF—WAY i16i ,716s,f.± OR 3.712ot,t to ALVIN L5 N89'3O'4O"E 30.00' to DECHANT yoilc - CENTIME OF PIPELINE' CASEMENT JR. mamma. to Colorado law you must commence any lagc1 cotton C TO ASSOCIATED NATURAL AS INC w NO IND MTh 00 based upon any defect In this survey within three years after (R£& .ND 021821.90 ,- 531-T3IY-R64W you first discover such defect. In no event may any action N based upon any defect In this survey be commenced more than tan Aar* from the dote of the certification shown hereon. so':Plf't tJAfE EASEMENT To0 (13-e0-105 CARS. 2012) PANHANDLE EASTERJI PIPE UNE COMPANY OIEC. NO. 1818068) NOTE: Th1s exhibit drawing is not Intended to be a manumentdized 30' IN Rl SS/EGRESS EASEMENT TO ME' LS i lend survey. Its sale purpose In Qe c graphic representation to aid ' Olt th GAS L�711NQANY fP82 � In the vieuolizotion of the written property denerlpt1on which it i aocvmponies. The written property description supersedes the 30' RIGHT-Of-WAY I. exhibit drawing. (BOOK 48 PAGE 271 SEE DETAIL DETAIL 1 (BOOK 295 PACE 149) SCALE: 1 1 tl0' lit 70701 ELECTRIC & COWS/CAPON I SE CORNER EASLWNr 10 UNITED POKER INC I-t 1 ! . non . s.e+'+r s36-'T3H-Ra541' I (l is f . asu i s .9, 3j7) 1.; �r uuavv #$ nt'.nA,Ft 't�if11'ri tot EtECIIIC EASEMENT 3.25' ALUMINUM CAP To i�f771P-MC I STAMPED LS 13155, 1999 OIL AND GAS O SETORE LP I IN NON. BOX 'Je (REG Na 024918) POINT OF COMMENCEMENT I I'f I•t L2 — I I bi— . , . ,.._. L3 POINT OF , t• 1 BEGINNING - 1 RIGHT OF A r;. fwEln COUNTY DEPARTMENT a 0f �' OF PUBLIC ORI S ACQUI5ITTON I - RV-22 , I ►`� i WCR 49 CORRIDOR PROJECT BE_T_WEEN WCR(s) 26 &- 28 DECHANT FARMS . WCR 49 KING SIJRVEYOtt.S PROJECT NO: SRI'-26._ SCALE: 1"=1000' Gift T Garden Have i 1S`aidsaf,Colorado$03)) 1 WELD COUNTY, COLORADO I j�; ;�,rn, ahr,.sut i entail.inru.tYltietNsattrytuttcxn DATE: .#-22.15 !DRAWN BY: .6I L1SHEET: 2 of 2 EXHIBIT-B S36-T3N-R65W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2428931 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 36 AS BEARING SOUTH 00'21 '18" EAST A DISTANCE OF 5291 .31 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 36 ALSO DESCRIBED AS SHOWN; HENCE SOUTH 89'30'40" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 36 A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00'21 '18" EAST DEPARTING SAID NORTHERLY LINE A DISTANCE OF 3104.11 FEET; THENCE SOUTH 89'38'42" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 00'21 '18" WEST A DISTANCE OF 2779.04 FEET; THENCE NORTH 89'22'40" EAST A DISTANCE OF 15.00 FEET; THENCE NORTH 00'21`18" WEST TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 36 A DISTANCE OF 324.97 FEET; THENCE NORTH 89'30'40" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 88,244.10 sf. OR 2.03 oc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 PERMANENT EASEMENT ►r WELD COUNTY DEPARTMENT : ?8f , .. OF PUBLIC WORKS ACQUISITION - �r - WCR 49 CORRIDOE PROJECT Li BETWEEN WCR26 & 28 _ IT_ -- E r L DECHANT FARMS . ; 1, ' i ,� PROJECT NO: SRP-26 SCALE: WELD COUNTY, COLORADO DATE: 10-07-15 BY: DRH SHEET: 1 of 2 EXHIBIT-B S36-T3N-R65W P.O.B. 15 L1; _ _I fil ' Ns P.O.C. NE S36-T3N-R65W END 3 1/4" ALUM. CAP LINE TABLE L4 I I I STAMPED LS#23027 2002 ,LINE BEARING DISTANCE I I I. L1 S89'30'40"W a 70.00' L2 289'38'42"W 30.00' I I40140 L3 l-N89 22'40'E 15.00' L4 i N 00'21 '18"W ' 324.97' 13il LS N89'30'4O'E , 15.00' I' I I T I I2I rn Jo 30. • w DELI-IANT FARMS 103 PARCEL # 12336000006 - 1 RECP.# 2428931 - ;I 18 '4 v in .,1 VIN '4 Ica I I}I-TI I ANT N. z o cc .4 1 w * I m ca 4- r- a 01 I ' I Fri S,,, . 7 is. 8614€ PERMANENT EASEMENT ACQUIRED I I I 88,244.10 sf. OR 2.03 ac.t • i ' ti i' I ,eP 2' at NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY SE 536-T3N-R65W PLAT. IT IS INTENDED TO ILLUSTRATE THE FND 3 1 /4" ALUM. CAP ATTACHED PROPERTY DESCRIPTION ONLY. STAMPED LS#13155 1999 PERMANENT EASEMENTI WELD COUNTY DEPARTMENT ACQUISITION PE-22 1 i �, 8��1 � OF PUBLIC WORKS r, . T r,:, ! k WCR 49 CORRIDOR PROJECT - 1_ BETWEEN WCR_ N 1- Y 26 & WCR 28 DECHANT FARMS - . 1 I 141tt200t WELD COUNTY, COLORADO T' ij -� DATE: 10-07-15 PAWN BY: URHSHEET: 2 ©f2 F'.XHIBIT C ZZ—DECHANT FARMS—ICE. PRfPFRTY Di_SCRIPT1ON • A strip of land, Twenty (20) feet in width, being part of Section Thirty—six (36), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P,M,), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 36 and assuming the East line of said Section 36, being monumentalized by a #6 rebar with a 314" diameter aluminum cop stamped `t.S13155, 1999" at the South end and by a #6 rebor with a 3 W' diameter aluminum cap stomped 'LS23027, 2002" at the North end, us bearing North 00'21'18" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North zone, North Arnericon Datum 1983. a distance of 5291.31 feet, with all other bearings contained herein relative thereto: THENCE North 00'21'18" West along the East line of said Section 36 a distance of 30.00 feet to a point being Thirty (30) feet. as measured at a right angle, North of the South !ine of said Section 36; THENCE South 89'10'15 West along a line being Thirty (30) feet, as measured at a right angle, North of and parallel with the South line of said Section 36 a distance of 40,00 feet to a point being Forty (40) feet, as measured at a right angle, West of the East tint of said Section 36, sold point being the intersection of the West Right—of—way line of Weld County Road No. 49 and the North Right—of—way line of Weld County Road No. 26, said West Right—of—way fine being Forty (40) feet, as measured ot a right angle. West of and parallel with the East line of said Section 36, said North Right—of—way line being Thirty (30) feet, as measured at o right angle, North of and parallel with the South line of said Section 36; THENCE continuing South 801015'' West along said North Right—of—way line a distance of 46.00 feet to the POINT OF BEGINNING; THENCE continuing South 8910'15" West along said North Right—of—way line a distance 20.02 feet; THENCE North 01'54'12" East a distance of 98.62 feet to o Point of Curvature (PC); THENCE along the arc of a curve which Is concave to the West a distance of 615.32 feet to a Point of Tangency (PT), sold point being Fifty (50) feet as measured at a right angle. West of said West Right—of—woy line, said curve having a radius of 15610.00 feet. a central angle of 0215'31 " and a long chard bearing North 00'46'27" East a distance of 615.28 feet; THENCE North 00'21'18" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 4548.08 feet to the North line of said Section 38; THENCE North 8930'40" East along the North line of said Section 36 a distance of 20.40 feet to a point being Thirty (30) feet, as measured at a right angle, West of said West Right—of—way line; THENCE South 00'21'18" East along a line being Thirty (30) feet. as measured at a right angle; West of and parallel with acid West Right—of—way line a distance of 4548.12 feet to a Paint of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 636.10 feet to a Point of Tangency (PT), said curve having a radius of 15530,00 feet a central angle of 02'15'31 " and a long chord bearing South 00`46'27" West a distance of 616.06 feet HENCE South 01'54'12" West a distance of 97.86 feet to the POINT OF BEGINNING. Said parcel of land contains 105,243 sq. ft. or 2.416 acres, more or less (*), and may be subject to any rights—of—way or other easements of record or as now existing on sold described parcel of land. d• 1.1 $.,1 4. tjl_1 + • • • r• �' '+ 9 38106 )'s °: 74; EC • • Guy rte . s !f 17#017s Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor fl38106 TEMPORARY BASEMENT 'tat • - WELD COUNTY DEPARTMENT ACQUISITION ' r! # _ OF PU IAC> W ? S T� zz �. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 26 & 28 . DECHANT FARMS • WCR 49 ICING SURVEYORS ROJECT NO: SRP-26 I I SCALE:NIA • Gin F. WELD COUNTY. COLORCOLORADOcn a rnive ti �<<�� Cokindc 80).5{1 pI)o„c: ‘97m 6144 5°1I l •t„:,;�: '„an4M" unneES cm' ATE: 4-22-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT- C i i NOTICE lii NE CORNER According to Colorado law you must it: S36-13N—R6Sttt commence any Waal Batton based upon any FOUND 6 REBAR WISH defect In this survey within three years otter I 3.25* ALUMINUM CAP you first discover such defect. In no event Tff' PIPELINE EASEMENT t Lid STAMPED LS 23027, 2002 may any action based upon any defect In TO DCP MIDSTREAM, LP IN SON. 80X this survey be commenced more than ten years from the date of the certification (REC. NO, 3922538) shown hereon. (13-80-105 C.R.S.• 2012) T� 25' PIPELINE EASEMENT I- NOTE: Thta exhibit. drawing is not intended to be a monamentafized 70. RESOURCE GATHERING SYSTEMS, INC. land survey. IL's sole purpose fs as a graphic representation to aid (1;'EC NO 255670 I •I In the visualization of the written property description which it CFIVJERINVE Cr PIPELINE FASO/ENT I •i occompanlee. The written property description superaedas the TO ASSOCIATED NATURAL GAS; INC. exhibit drawing. NO .MTH GIVEN (REG NO. 02329289) II! I 40' EXISTING RIGHT—OF—WAY \i-i ' (BOOK 1048 PAGE 18) Jeri •T*— CURVE TABLE I 536--T3N-R65W .� CURVE LENGTH RADIUS DELTA CHORD CH BEARING trT,. 20' TEMPORARY EASEMENT I-`n w C1 615.32' . 15610.DO' 2'15'31" 615.28' NO0`46'27"E 1O5,243s.f,t OR 2.416ac.f � En k � i p LL C2 516.10 15630.00' 2'15 31 616.06' S00•46.27°W I ."- i�) • s 3r}' nlPLL EASEMENT l LINE TABLE to ncP ilarOsrREAdi� � ��(REa NO .3781782) 117 LINE BEARING LENGTH DECHANT FARMS _ 1IN PARC.#12336000006 L1 NOG-21'18'1W 30.Oo' RECP,#242893 I in i7 ¢ ALVIN 689.10'1 "w 40.00' DECHANT CENTERLINE or PIPELINE EASEMENT 3 vJ m•. L3 689.10'15"w 46.00' TO ASSOCIATED NATURAL GA.% INC as 0 /W) MOTH GIVEN - S3.t-1-3N-R64W L4 S89't0'15"W 20.02' :(Ric NO. 021825910) N L5 N01 '54'12"E 98.82' SO' F1PEUNE EASEMENT To O in PANHANDLE CASIERN PIPE' LINE L6 N89'30'40"E 2000' COMPANY (REC. NO. 1618D69) 3U` INGRESS/MESS fASEE;at TE7 VESSELS All L7 SGI '54'12"W 97.86' a it GAS COVPANr(REa. NQ f762434) t., est 30' RIGHT-OF-WAY .C) (BOOK 48 PAGE 271) i K' SEE DETAIL DETAIL Y • (BOOK 296 PAGE 149) SCALD 1 .100 .^ •.; .M. lfi *'\ 75' ql' "c----- -1 n : - !r 14377(X' ELECTRK; a C.$VWN MCATNGNt SE COSTNER I • I EASEMENT TO UNITED POISE, INC, I'1 53$—T3N—ROW I • eREt, NOS. .196902.1 .b .3971/07) , .' t Fnl lun te ocve ?In-;?In-;a .I 4j{ 10 ELEC7PJC EA$IMQVT i 11---3.25' ALUMINUM CAP TO NERR-MCCCE II STAMPED LS 13155, 1999 "s COIL AND GAS ONSHORE LP IN MON. BOX U) - 1 (REC. AK) 4024918) POINT OF COMMENCEMENT `� I - i't . . . 1 L2 - t 14 L3 1N,T .0 BEGINNING • TEMPORARY EASEMENT ice,;.. _ WELD COUNTY DEPARTMENT ACQUISITION 4. 0;100 : OF PUBLIC _WORK.S Q tE zz titWCR 49 CORRIDOR PROJECT.. _.. . . , BE`I' T7ll W lA DEECHANT FARMS ... , .. .- ts) 26 & 28 Wt & 49 KING SURVEYORSi'ROJECT NO: SRP-26 SALE:1"=1000' s150 L°_ (la{drn Drivv i Witict r,Calucadu 60350 - - - , -- - -WELD COUNTY,C01tNTY, COLORADO l'''''": 'v't'; h$G-1lI I I tn";i•inice;ingSu v union . DATE: 4-22.15 °RAM BY: CM, SHEE_T; 2 of 2 ♦-- - ,rcaf : — _ -- 1 EXHIBIT-D S36-T3N-R65W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2428931 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SECTION 36 AS BEARING NORTH OO'21 '18" WEST A DISTANCE OF 5291.31 FEET TO THE NORTHEAST CORNER OF SAID SECTION 36 ALSO DESCRIBED AS SHOWN; THENCE NORTH OO'21 '18" WEST ALONG THE EASTERLY LINE OF SAID SECTION 36 A DISTANCE OF 30.00 FEET; THENCE SOUTH 8910'15" WEST DEPARTING SAID EASTERLY LINE A DISTANCE OF 86.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 891O'15" WEST A DISTANCE OF 20.02 FEET; THENCE NORTH 01'54'12" EAST A DISTANCE OF 31.95 FEET; THENCE SOUTH 88'O5`48" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH O1 "54'12" WEST A DISTANCE OF 31 .00 FEET TO THE PQINT OF BEGINNING SAID PARCEL CONTAINS 629.16 at OR 0.014 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS. RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 2352O I PERMANENT EASEMENT 861 , WELD COUNTY DEPARTMENT AC UISITIOI�1 Nir.`� f OF PUBLIC WORKS PE-22 VCR 49 CORRIDOR PROJECT ` BETWEEN WCR 26 & WCR 28 DECHANT FARMS = r I _ PROJECT NO: SRP-26 SCALE: --;_ c C lJN _ T ' WELD COUNTY, COLORADO DRAWN BY: I)R1 I SHEET, I of t EXHIBIT-D S36-13N-R65W LINE TABLE • LINE BEARING DISTANCE L1 N00'21 '18' W15 30. 00' '1 t L2 ^ 589 ' " W 86 . 00' \ NE S36-T3N -R65W . ' �rEND 3 1 /4" ALUM. CAP L3 _ S891 15 W 20. 02' STAMPED LS 23027 2002 L4 N01 '54'12" E 31 . 95' N L5 588'05'48"E 20. 00' L6 ` S01 '54' 12HW 31 . 00' I ' r w i is* 7_ : • I 8 ALVIN DECHANT FARMS U ' DECHANT PARCEL # 12336000006 zIi RECP.# 2428931 E W SW1 ,F CO 1 c31 -T3N-R6I W ll LL. 0 dF. 1 4 L5 v) S3O -J3.V -R6514 (n L4 L6 m PERMANENT L3 \\_ L2 EASEMENT ACQUIRED Li 629. 16 sf. OR 0. 014 ac ,± ■ a P.O.C. SE 536--T3N --R65W END 3 1 /41-n ALUM. CAP STAMPED LS#13155 1999 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENTEASEMENT i 1 WELD COUNTY DEPARTMENT ACQUISITION TISI'TION 861 r OF PUBLIC WORKS PE-22r. ..._,,_ , !,' ..) .�.. 1 WCR49CORRIDORPROJECT BETWEEN WCR 26 & WCR 28DECHANT FARMS r:i r ' ,� 1' PROJECT NO: SRP-26 •GALE: I"=50` WELD COUNTY, COLORADO - I)RI f DATE: 10-06.15 DRAWN BY: M EXHIBIT E THIS TEMPORARY CONSTRUCTION EASEMENT, effective upon execution by all parties, is made between v alrk nL [N rmj PtartnArchin ac "C; rantnr" and the Cnunty (if Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, as "Grantee". Grantor, for and in consideration of the sum of Ten and no/100 ($ 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby GRANTS, BARGAINS, SELLS, AND CONVEYS to Grantee a temporary construction easement (TCE) as more particularly described in Exhibit B attached hereto, to use as work space during the construction of and in relation to the roadway improvements within the right of way. The term of the TCE shall not exceed January 1, 2018. However, if Grantee has completed its use of the TCE prior to that date, upon written notice thereof provided by Grantee to Grantor, then the TCE shall immediately terminate. All rights, duties and/or obligations arising hereunder shall apply to the TCE only during the period that said easement in in effect. The right to use the TCE shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of Grantee for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. Grantee shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which Grantee has legal access, for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it hereunder. At the expiration of the term of this TCE, Grantee shall promptly repair any damage to Grantor's property caused by Grantee, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of Grantee so as to maintain the Grantor's property in substantially as good or better condition as existed prior to use by Grantee. Grantee agrees that any current access to the property from Weld County Road 49 shall remain open throughout the term of the TCE. Grantor agrees to construct a temporary fence along the boundary of the TCE, and further agrees to remove said fence and place a permanent fence along the boundary of the public road right-of-way ( ROW) upon the expiration of the term of the TCE, or the completion of the road improvement project, whichever occurs first. Exhibit G PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10,00+) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Dechant Farms A General Partnership, whose address is 8029 Weld County Road 39, Fort Lupton, Colorado 80621, hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DCP Midstream, LP, whose local address is, 3026 4th Avenue, Greeley, CO 80631, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege a permanent non-exclusive easement of thirty (30) feet in width, for the purpose and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, change the size and removing a pipeline or pipelines, or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County, State of COLORADO, to wit: Township 3 North, Ranee 65 West of the 6th P.M. Section 36; more particularly described in Exhibit B Said permanent non-exclusive pipeline easement being more particularly described on Exhibit "B" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline or lines, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline or lines to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted . Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline or lines has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. It is further agreed that the said Grantee, its successors or assigns, is also hereby granted the right to lay, construct, maintain, operate, repair, replace and remove, in the same manner and with the same rights provided above, additional pipelines, but for each additional line laid, Grantee, its successor or assigns, shall pay Grantor, $15.00 per lineal rod of pipeline before commencing the construction of any such additional line. Grantee further agrees to pay crop damages for each additional line laid. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of 2016, signed, sealed, and delivered in the presence of: By: Print: Title: ACKNOWLEDGEMENT STATE OF ss. COUNTY OF _ Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me executed the same as free and voluntary act and deed for the purposes and consideration tliciln expressed. Given Under My Hand and Seal of Office, this day of _ , 2016. My commission expires: ' Notary Public Exhibit H RECORDING INFORMATION ABOVE R/W # 22 GRANT OF EASEMENT Dechant Farms A General Partnership, GRANTOR (whether one or more), whose address is 8029 Weld County Road 39, Fort Lupton, Colorado 80621 , in consideration of Ten and 00/100 Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, grants and conveys unto UNITED POWER, INC., GRANTEE, whose address is 500 Cooperative Way, Brighton, Colorado 80603, its successors and assigns, a perpetual easement and the right to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, as may from time to time be useful to, or required by Grantee, on, over, under, and across the following described property in the County of Weld, State of Colorado to-wit: Easement description as set forth in Exhibit "O" attached hereto and incorporated herein by reference. Those facilities may be overhead, underground and/or at grade and may include, but shall not be limited to, poles, cables, conduits, wire, conductors, transformers, manholes and supports of whatever materials, including braces, guides, and other fixtures or devices used or useful in connection therewith. Grantee shall have the right of ingress and egress 24 hours a day, 7 days a weeks, over and across the lands of the Grantor to and from the above described easement to survey, construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair and remove utility, electrical and communications facilities and all fixtures and devices appurtenant thereto, and the right to remove any objects interfering therewith, including but not limited to, the trimming of trees and bushes as may be necessary. Grantee shall also have the right to use any portion of the adjacent lands of Grantor during surveying, construction, maintenance, replacement, enlargement, reconstruction, improvement, inspection, repairs and removal as may be required to permit the operation of standard utility construction or repair machinery or the operation of any other company within the boundaries of this easement. Grantor reserves the right to occupy, use, and landscape said easement for all purposes not inconsistent with the rights granted to Grantee so long as said use does not damage or interfere with the Grantee's facili iCS or the construction, operation, maintenance, replacement, en rge !ment, reconstruction, improvement, inspection, repair and removal thereof. Grantor shall not plant any tree or bush within 3.0 feet of any existing Grantee facilities or within 10.0 feet of the opening side of any transformer or cabinet without the prior written approval of Grantee. Grantor shall not install, or permit the installation of, any buildings or permanent structures or facilities of any kind on, over, under, or across said easement without the prior written approval of Grantee. Upon completion of construction, Grantee shall restore the surface of Grantor's property to substantially the same level and condition as existed prior to construction. Each and every one of the benefits and burdens of this Grant of Easement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. W/O # Map No. : Part of Section 36, Township 3N, Range 65W, 6 " P.M., County of Weld, State of Colorado Grantor warrants that Grantor is the fee owner of the encumbered property and has the full right and lawful authority to make the grant contained herein, and promises and agrees to defend Grantee in the exercise of the Grantee's rights hereunder against any defect in Grantor's title to the land involved or Grantor's right to make the grant contained herein. The venue for any dispute arising from this Grant of Easement shall be in the courts of Adams County, Colorado. Unless special provisions are listed below and/or attached, the above constitutes the entire agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties with respect to the subject matter of this Grant of Easement. SIGNED AND SEALED BY GRANTOR this day of , 20 GRANTOR: BY: STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF WELD ) , a Notary Public for said County and State, do hereby certify that personally came before me this day and acknowledged that s/he is the of Dechant Farms A General Partnership, and s/he, being authorized to do so, executed the foregoing Grant of Easement as his/her own act and deed on behalf of Dechant Farms A General Partnership. WITNESS my hand and official Notarial Seal, then day of . Notary Public My Commission Expires: W/O # Map No.: Part of Section 36, Township 3N, Range 65W, 6th P.M., County of Weld, State of Colorado Hello