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Home My WebLink About20161340.tiff RESOLUTION RE : AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO S ECTION 38 -1 -101 , C . R. S . , AGAINST TEN HAND TRUST, ALVIN DECHANT JR. , AND S COTT DECHANT 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 , • Exhibit A , Legal Description of Public Road Right of Way ( ROW) ; • Exhibit B , Legal Description of Permanent Easement ( PE ) for United Power; • Exhibit C , Legal Description of Temporary Construction Easement (TCE ) ; • Exhibit D , Legal Description of Permanent Easement ( PE ) for DCP Midstream LP ; • Exhibit E , Form of TCE ; • Exhibit G , Form of PE for United Power; • Exhibit H , Form of PE for DCP Midstream LP , and WHEREAS , in an appraisal prepared by Jon Vaughn , Certified Appraiser, the value of the Property to be acquired is established at $ 18 , 700 . 00 , and WHEREAS , said Property is owned by Ten Hand Trust , Alvin Dechant Jr. , and Scott Dechant , and WHEREAS , negotiations with the Property Owners have included letter dated May 22 , 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 $24 , 209 . 00 , and WHEREAS , the County and the Property Owners 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 Owners ' 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 (i5C) ' / 2016- 1340 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38- 1 - 101 , C . R . S . , AGAINST TEN HAND TRUST , ALVIN DECHANT JR . , AND SCOTT DECHANT 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 Ten Hand Trust , Alvin Dechant Jr. , and Scott Dechant , 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 $24 , 209 . 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 (fr":ATTEST : -. Widlest/cm Mike Freeman Chair Weld County Clerk to the B . ;re% ) PCC....... se NiN Ws &ea \ c, / . ri r 10 I Inot ; - - lia Sean P . Conway , Pro-Tem BY : au Deputy Clrkto he ; � v') , •,,, �� * 1 ' .1/4 a etc," \ jJflozaH77 (7 % -t N 4.14 dr APPRVEDAS M . , ,• e .if Ki \/'Aft . , � s""imo arbara Kirkmeyer - -7' S„,...4_, M.0---Lee,,r2-' unt ttorney Steve Moreno Date of signature : 6/06„ 2016- 1340 CA0015 (Pated+sz') t Q 1L., EX141U IT r. . -� I _ V t, -- . ill . I ; , .,.fir, COP i 1 S19-4314-R64 +- _ - . IN to LE L' • MIKES I '4 1 I a . —1 e' r • is (DOP )• PERMANENT ) PEREZ Q7-- . f� EASEMENT ACQUIRED 00; tHe OR 2 a.cd ♦ i z 7 e. i , I �! a ' .4. ` - i TEN HAND TRUST H 1 lie e ALVIN DECHANT jr. & I I ► *OPENS I /. SCOTT DEC ANT / to 1 > i819-T3N-R64W 4I e [ � •I rir - . -fir ' - -i_. _. y. . - (�T� �+�J rr IC 1T , 7F WAY ACC 11 RFD S24 -��SW W 1 , COQ ! y . _ S19-.-'MN—1161 -W 188;276 sf. OR 4 . 3 a c I `` MAILER r! _ ;, I -- P ERMA ENT (UN ! TED POWER ' i of r' & TEMPORARYEASEM- N T r r _ . t I ACQUIRED ' e 1 r " ki t a ; 107 953 sf. OR 2 - 48 Cc . ± is. li r • 3 ) 1 r i r 1r 1. t. q - 5 f ROSE ROCK 4i ;�. MIDSTREAM REA1Vi -= s 4r CREMIELP fl et I TA? coR r - — S 1 9— I :3I 1—R64W �*4 1 F _ S.rib. �� I �� !r I - 'tt. • -Tiet a t "%e l M 1 ir. it : -wc tilts(is• �� -. - - a" - �. : -• ��_.+ _ N, - __ —:�_-t-Fr - . '' 2016-1340 EXHIBIT-A 111 • ,32-TEN HAND TRU$I+DECHANT—ROW PROPERTY DESCRIPTION A parcel of land being port of Section Nineteen (19). Township Three North (T.3N.), Range Sixty—four West (R,64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described ow follows: COMMENCING at the Southwest corner of said S.ectIon 19 rind assuming the West line of the Southwest Quarter (SW1/4) of void Steffan 19, being manumentollzed by a 05 rebor with a 3 W' diameter aluminum cop stamped 1523027, 2002' at the South end and by a j$ rebor with an Ilegbiie 2 34" diameter aluminum cop at the North end, os bearing North 0011'24- West, being a Grid Bearing of the Colorado State Pions Coordinate System, North Zone, North American Datum 1983, o Stones of 2644.74 feet, with di other bearings contained herein relative thereto: THENCE North 8901'13" East along the South line of the Southwest Quarter (SWI/4) of sold Section 19 v distance of 51.00 feet to the East Right—of—way line of Weld County Rood No. 49 established by that Used of Dedication recorded January 8, 2009 ae Reception No. 3598541 of the records of the Weld County Clerk and Recorder, said East Right—of—way ibis established by sold Deed of Dedication being Fifty—one (51) feet, as measured of o right angle. East of and parallel with the West line of the Southwest Quarter (SMf1/4) of said Section 19, said paint being the POINT OF BEGINNING; THENCE North 001114- West along sold East Right—of—way line established by said Deed of Dedication o distance of 2301.84 fest; THENCE South 89'38'36" West a distance of 11.00 feet to the East Right—of—way line of Weld County Road Na 49 established by that Right—of—way Deed recorded June 7, 1939 In Book 1046 at Page 33 of the records of the Weld County Clerk and Recorder, said East Rigtit—of—way tins established by said Right—of—way Deed in Book 1046 at Page 33 being Forty (40) teat, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Sea= 19; THENCE North 00'21'24" West along said East Right—of—way line established by sold Right—of—way Deed h Book 1046 of Page 33 a distance of 342.38 feet to the East Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1048 at Pugs 32 of the records of the d County Clerk and Recorder, said Earl Right—of—way Mae established by said Right—of--way Deed in Book 1048 at Page 32 being Forty (40) feet. ns measured at o right .angle, East of and parallel with the West Tine of the Northwest Quarter (NWI/4) of said Section 19; THENCE North 00'23'13" West along said East Right—of—way One established by sold Right—of—way Deed In Book 1048 at Page 32 a distance of 265943 feet to the North One of the Northwest Quarter (Nwt/4) of said Section 19; THENCE North 8859'17" East along the North Itne of the Northwest Quarter (NW1/4) of sold Section 19 a distance of 155.92 fest; THENCE South 01"00`43" East o distance of 30.00 feet THENCE South 4570'38- West a distance of 101.43 feet; THENCE South 01t3W'49" West a distance of 597.94 feet THENCE North 88'05'16" West a distance of 20.00 feet to the beginning point of a curve. said curler being non- tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 623.07 feet to Point of Taungency, sold curse having o radius of 15530.00 feet, a central anQe of 02'17'02" and a long chord bearing South 00'46'13" West a distance of 623.03 feet; THENCE South 110'22'19' East a distance of 874.14 feet; THENCE North 8837'42" East a .distance of 2D.00 feet; THENCE South 00`22'18'• East a distance of 900.18! feet THENCE South 89437'42" West a distance of 20.00 feet: THENCE South 00'12'18" Eost a distance of 2210.95 feed to the South line of the Southwest Quarter (SWI/4) of said Section 19; THENCE South 139'0113" West along the South line of the Southwest Quarter (SW1/4) of said Section 19 o distance of 19.00 feet to the POINT OF BEGINNING. Said parcel of land contains 188,276 sq. ft or 4.322 adzes, mare or less (f), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WiTFf EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD N0. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; The West Forty (40) feet of sold Section 19; And That parcel of kind described in that Deed of Dedication recorded January 8, 2009 os Reception No. 3598541 of the records of the Weld County Clerk and Recorder. Said existing Right--of—way contains 237.487 sq. ft. or 5.452 acres, more or less (f), and may be subject to any rights—of—way or other easements of record or as now existing within sold described existing Right—of—way. • 3k 4;t • t. E►. u • 38106 • r /sc. iC • it • . -A 5 . .._ r Michael Cho i�� '"` �ft Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 .- . f - -- - RIC><N`r OF WAY • •;y ; WELD COUNTY DEPARTMENT ACQUISITION ` '�� ' OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 & 32 TEN HAND TRUST & DECHANT KING �l WCR 49K SURVEYORS PROJECT NO SRP-26 SCALE: N/A 6io I; (;ariktioriw wi„ik;nr.Cnk�dtt wilco r WELD COUNTY. COLORADO l,Ex,ui • loinn ar r. i otnat@ a,t� r7+itii,,•tiatn r,ars ism RATE= 5-9-15 DRAWN $Y: CUL SHEET:_ .1U( 2 d .: — EXHIBIT-Ai. p - - ,! ,!0'PIPELINE EA 14180 _ NW CORNER 1D KERR—MCGEE GAINEREIG tic NOTICE Sec. 19, T,3N., FL84W. met No 363592) FOUND #'6 REBAR WITH According to Colorado law 2C ALUMINUM CAP ILLEGRILE �-� 1T �flj� you must commence any H VY lS✓!? . ' - I action bored upon any reserct to this curve iN MONUMENT BOX- w! hkt throe years after ynu Rrat discover duct► defect< \,' t 50' PIPEt,9YE EASEMENT to na event moy any action based upon any defect In TO PANHANDLE this survey be commenced mate than tan years from - ROBERT I-1. MIKES & - - - EASIER/PIPE UNE COMPANY the dots of the certification shown hereon, • • • RONALD W. MIRES I (REC. NO. 1758654) (13-80-105 C.R.S. 2012) E I ADDITIONAL RIGHT—OF—WAY l - .---. 2 188,276s,f,± OR 4.322vc.± NOTE: This exhibit drawing fa not Intended 1-8 sole be a monumentollzed land survey. It's f�A13j�i1 LA C:A;V1Pl)S N j sole purpose Is oa a grophk representation TEN HAND TRUST & ALVIN to old to the visualization of the written RAIv1IREZ & PEDRO DECHANT & SCOFF DECHA.NT property descriptionp description It er s SAUCED° PEREZ Jr.} The written ng deecrf en the exhibit drawing, _ • _ PARC .#121519200014 121519200014 19 RECP.#3794239 -- I - 140` EXISTING RIGHT-OF-WAY i (BOOK 1046 PAGE 33) FLORENCE # L1O CURVE TABLE M. t�IUPENS CURVE LENGTH RADIUS DELTA CHORD CH BEARING 1/4 CORNER Sec.. 19. T.314.. R,84MIf, Cl 823,07' 15830.00' 2'17'02" 823.03" SOO'46'13`W }-- I FOUND 0 REBAR NTH I 2.55 ALUMINUM CAP, ILLEGIBLE IN MONUMENT BOX Xi PPEYAYE EASEJeI r —' � )VOCO cr r LINE TABLE LOT 13 RN L2 f h LINE BEARING LENGTH DORTHY K. REcx�aCX14-vag2 GURTLER w Fc L12 WI ELECTRIC AND COMMUNICATION EASEMENT* 1' „ , 'CRUST _ c►t do m UNITED Maa L1 Ng9 0 13 E 51.00 • & RUSSELL L. Jr. m MEG ma . gar) n • L2 S89 3S 36 W 11.00' Ne FAMILY TRUST tar ARE L. ' SE EXISTING RIGHT-OF-WAY . 121 144.4. a (BOOK 1048 PAGE 33) (40'} L3 N 00'21'24"W 342,36' 'f iteXI4•t P.12 it- 11) (REC. NO. 3598541) (11') r1! ' `€ APPROXIMATE LO OP ,710' PIPELINE EA§Ehageir L4 N88'59'17"E 155.92' z FRY E4T'TEN8ERG NOIDINC LLC (WC. tai 5904611, 33946x2 & 399481J) L5 S01'00'43"E 30.00` Efj2 _ . ctiq- N- r1oGcIN . ,.L8 345'20'38"W 101.43' C I W1/2 l JrPIPIVIor EAS Nr S19-T3N-R64W L7 S0139'49"W 597.94'ROSE ROCK `�' ---1t? NOBLE MERCY; INC MIDSTREAM t tom. Na. 3992501) L8 N88'05'16"W 20.00' CRUDE, L.P. 3a' PPEUNE LAMENT m CLOY,PIPELINE LW 1 L9 S00`22'18"E 874,14' N (>� MU. .1518824 361X51, 3967950 skit CORNERo t b 39877251 tit 3987v;2) L10 N69'37'42"E 20.001 1 r-- Sec. 19, T.3N., k.ti4W,• - t 14 L11 S00'22'18"E 900.00' FOUND #8 REBAR MATH 40 INN EASE r 3.2S' ALUMINUM CAP . L-TA NORINERN COLORADO , STAMPED LS 23027, 2002 L14 4A?Eil CONSEROVICY DISTINCT L12 - 589'37'42"W 20.00' IN MONUMENT BOX L1 t Nat 26623887 A~ 2623888) POINT of COMMENCEMENT • t 25'PIPELINE FASEMENr L13 S00'22'18"E 2210.95' - POINT OF I —ro wo0stmAt, CAS SERWIS ilia W BEGINNING 4 Oat Ara 1652550L14 S89'01'13"W 19.00' v • RIGHT OF WAY :• : WELD COUNTY _DEPARTMENT ACQUISITION . 4. ��► - OF PUBLICWOR S ' - RW-32. w I WCR 49 CORRIDOR PROJECT • B ETWEEl' WCR(s) 30 & 32 TEN HAND TRUST & DECHANT ' 1 WCR 49 Ii KING SURVEYORS eROJECT NO; SRP-26 _.- f SCALE_..t" $111)' WELD COUNTY, COLORADO 6M;IL.clank„ t;n=T I \h`mdaor,Coilliackj KIMI J (il„ an• ('Th l(1146-SU3 1 ' rmail u Kirifsnrtcmg. c•+m._ EWE: 5.94.5 DRAWit BY,_COL 'SHEEL•_2of 2 EXHIBIT-B . 2-TEN HAND TRUST+DECHANT-PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Section Nineteen (19), Township Three North (T.3N,), Range Sixty—four West (R.64W,) of the Sixth Principal Meridian (6th P.M,). County of Weld. State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 19 and assuming the West line of the Southwest Quarter (SWi/4) of said Section 19, being monumentolized by a #5 rebar with a 3 i." diameter aluminum cap stamped `1.'523027, 2002" of the South end and by a #6 rebar with on illegible 2 /" diameter aluminum cap at the North end, as bearing North 00'21`24" West, being a Grid Bearing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983, a distance of 2644.74 feet, with ail other bearings contained herein relative thereto: THENCE North 89'01'13" East along the South line of the Southwest Quarter (SW1/4) of sold Section 19 a distance of 70.00 feet to the POINT OF BEGINNING; THENCE North 0072'18" West a distance of 2210.95 feet; THENCE North 89'37'42" East a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 900.00 feet; THENCE South 8937'42" West a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 874.14 feet to a Point of Curvature (PC): THENCE along the arc of a curve which is concave to the East a distance of 623.07 feet, said curve having a radius of 15630.00 feet, a central angle of 02'17'02" and a long chord bearing North 00.46'13" East a distance of 623.03 feet; THENCE South 88'05'16" East, non—tangent to aforesaid curve. a distance of 20.00 feet; THENCE North 01'39'49" Eost a distance of 597.94 feet; THENCE North 45'20'38" E©et o distance of 101.43 feet THENCE North 01'00'43" West a distance of 30.00 feet to the North line of the Northwest Quarter (WW1/4) of sold Section 19; THENCE North 88'59'17" East along the North line of the Northwest Quarter (WW1/4) of said Section 19 a distance of 20.00 feet; THENCE South 01'00'43" East a distance of 38.56 feet; THENCE South 45'20'38" West a distance of 101.98 feet; THENCE South 01`39'49" West a distance of 610.01 feet THENCE North 88'05'16" West a distance of 20.07 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 602.27 feet to Point of Tangency, sold curve 4 having a radius of 15610.00 feet, a central angle of 02'12'38" and a long chord bearing South 00'44'01 " West a distance of 602.23 feet THENCE South 00'22'18" East a distance of 854.14 feet; THENCE North 89`37'42" East a distance of 20.00 feet; THENCE South 0€}'22'18" East a distance of 940.00 feet; ' THENCE South 89'37'42" West a distance of 20.00 feet; THENCE South 00'22'18" East a distance of 2190.74 feet to the South line of the Southwest Quarter (SW1/4) of said Section 19; THENCE South 59'O1'13" West along the South line of the Southwest Quarter (SW1/4) of sold Section 19 a distance of 20,00 feet to the POINT Or BEGINNING. Said strip of land contatne 107,953 t$4. it or 2.476 acres, more or Tess (±), and may be subject to any rights—of—way ar other easements of record or as now existing on said described strip of land. Or'. Sc ..r T • l • ;j r . . cc .0 ; 381.06 1!' : • 91:915,11a74:45•4? S • • „ 1 "Sr �'a•••••w%••[ti� iik‘oNA -01s Michael Chad Mika -- On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 IPERMANENTEASEMflNT 4".- : WELD COUNTY DEPARTMENT 44 rr„,0` OF PUBLIC WORKS ACQUISITION f tE- WCR 49 CORRIDOR PROJECT N1/4BETWEEN WCR�s,) 30 & 32_ i TEN HAND TRUST & DECHANT . ‘,1/CR 49KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 6itlKG:minium,: f Waal to f:akin&nal 3f) WEI D COUN'T'Y. COLORADO sraa' (')•m) r.4t,.inli l cii,. it•tnfrigkl 0 futttittrrt5• n,cant DATE: 5-9-IS [DRAWN BY: COL SHEET: I ot'3 - I EXHIBIT-I3 30' PIPE1JNE EA.SEUE7VT1. • NW CORNER O. HaR-11COEE GATHERING at Sec. 19. T.3N.. R.64W. L 1 0 - L11 (Rec NO. 3 25) FOUND #I6 REBAR WI1H 2.5' ALUMINUM CAP ILLEGIBLE • I woo j IN MONUMENT BOX' i �yy/�� EASEMENT f La L!2 f ' PIPE1AIG 4ASEMEN MOIIC • ROBERT H. MIKES - _' PANHANDLE ii5iiLLi► ¢ EASTERN FWE UNC COMPANY According t4 Colorado taw you RONALD W. MIKES I Ob T- (REV. NO, 17585.34) catkin commence baeedu any legal 20' PERMANENT EASEMENT action based upon any defect W in this survey within throe —lit17 107,953s.f. OR 2.�7~�8oc.t pears after you flrat discover I . i' —L1 cJ such defect. In no event may • GABRiELA CA1vIIGS . 04TEN HAND m r5' any action based upon any 6, TRUST S I' & ALA T v defect In this survey bra RAMIREZ & PEDRO DECHANT •t• A commenced more than ten I l DECHANT Jr. & SCOTT T DECI IANT ears from the shown hereon. of the .� SAUCED() PERirZ P�1RC.# 12lSl920aal4 (U-ao-105 C.R.S. 2012) LI RECP #3794239 J 40' EXtSTiNG RIGHT—OF—WAY pi (BOOK 1046 PAGE 33) • FLORENCE not I Thls *AN* drawing is I •�i1-5not intended to be a M. NOPENS L17 to eas purposoland ieasurvey. a x 14 1 j+4 CORNER graphic representation to etd in U4'.. route ,�6'RE AR IMBI property 64W.- the idescrtption 'which Iton of the ten —r 2.r ALUMINUM CAP, ILLEGIBLE accompanies. The written co IN MONUMENT 80X property description supersedes fine exhibit drawing. J Si PIPELINE EASEUEAfT Tv A awcnaw COPAPAxr (REC NO. 0239007) LOT ORE DORTIJY K. RerXI4- 2 r`` o GURTLER toil i SO' ELECTRIC AND VONAILI ICATION EAar L19 TRUST O4 rn maw Pout I (REC. Na swami) & RUSSELL L. Jr. 3 .1 • I FAMILY TRUST LOT A RE Q . 5t' EXISTING RIGHT-OF-WAY 121344-4- tV (BOCK 1046 PAGE 33) (40') it CX1.-0092 , (REC. No. 3598541) (it') ri # APPROXIMATE' teleA71f1N OF Xs PIPEUME £ASJJ€NT 3 m- i in WAIJFNBERG HOLD1Ng LLC II i (NEG• Nat 3994611, 3994612 & 399461J) E 1/2 524 7,31 f1.65:11 + i I W 1/2 ROSE ROCK t Jr P1Pa mt asguarr S19-13N-R64W MIDSTREAM ,� O MEc re Naas ray, we.we.(a Net 39172500r17250az5vr) CRUDE, L.P. --t 50' t tlNE EASEatvENr 1 TO *WE CLIFFS PPEI.INC LLC t • { (RISC, NO,. $ul682 3813557, .1987950 j 3987951 & 3967952) SW CORNER i T Her JP? Sea. 19, T,3N„ R.64W.. r — ¶I. I \ — FOUND Re REDAR MN- .w WA7ERL1NC E'ASIDEE IT ------ •••••• .••••3.25a ALUSItNUM CAP---'‘ L2 TO NOR COLORADO STAMPED LS 23027, 2002 L1 . WATER G0NN51;RVATYCY ornilocr IN MONUMENT BOX (REC NOs 2625887 & 282388$) • POINT OF COMMENCEMENT ' 1 25'pn pj. EASEMENT' POINT OF TOiNOUSTIVAL GASS17RWG ING BEGINNING I I (REC. NO. 1832531) T PERMANENT EASEMENT WELD COUNTY DEPARTMENT •AC'QUISITI(�N - -- OF •PUBLIC WORK' S- fe WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30_1..32 .. _ TEN HAND TRUST & DECHANT WCR 9 KIN:: SURVEYORS PROJECT NO: SRP-26 SCALE: i '-800' 651) R Gomm Dnkt t%i,xkor, (:..brae&,a iii, WELD COUNTY, COLORADO ,,,<,,,,. :"70 r,.6.,411 I ..ond: trifilrr Cite sunc;ogatoal DATE: 5-9-15 DRAWN BY:_cDL SHEET_ 1 of EXHIBIT-B • LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH L1 N89'O1'13"E 70.00' L16 S00'22'18"E 654.14' L2 N00'22'18"W , 2210.95' L17 N89'37'42"E 20.00' L3 N89`37'42"E 20.00' L18 S0022'18"E 940.00' L4 N00'22'18"W 900.00' L19 S89'37'42"W 20.00' 15 689'37'42"W 20.00' 120 500'22'18"E 2190.74' L6 N00'22'18"W 874.14' L21 S89'01'13"W , 20.00' L7 S88'05`16"E 20.00' L8 N01'39'49"E 597.94' L9 N45'20'38"E 101.43' 110 NO1'00'43"W 30.00' L11 N88'59'17"E 20.00' L12 501'00'43"E 38.56' L13 S45'20'38"W 4 101.98' L14 S01'39'49"W 510.01' L15 N88'05'16"W 20.07' CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING Cl 623.07' 15630.00' 2'17'02" 623.03' N00'46'13"E C2 602.27' 15610.00' 2'12'38" 602.23' 600'44'01 "W - , PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION � ? OF PI TRI .I � WORKS � Tr : CD WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 & 32 TEN HAND TRUST & DECHANT 1VC[t 49 KIM; SURVrwt)RS , .PROJECT NO: SRP-26 [ SCALE: N/A On It t;aalcn Omit i Winthnr,C.'*13gd .Abf..5n WELD COUNTY. COLORADO Plirme (°)7Aa tat6 511!I ; email iuhel IWS'inq"ts hnn C [?ATE: 5- i5RAWN BY: COL SHEET: 3 of 3 �-_ -- .r. J1.i nrT-C is 32—TEN HMV TRL ST+Q CHANT—TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Section Nineteen (19). Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows; COMMENCING at the Southwest corner of said Section 19 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 19, being monumentalized by a #6 rebar with a 3 IA" diameter aluminum cap stamped '1525027, 2002" of the South end and by a #6 rebor with an illegible 2 h" diameter aluminum cap at the North end, as bearing North 00'21'24" West. being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2644.74 feet. with all other bearings contained herein relative thereto; THENCE North 89'01'13" East along the South line of the Southwest Quarter (SW1/4) of said Section 19 a distance of 70.00 feet to the POINT OF BEGINNING; THENCE North 0072'18" West a distance of 2210.95 feet; THENCE North 89'37'42•' East a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 900.00 feel; THENCE South 89'37'42" West a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 874.14 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 623.07 feet, said curve having a radius of 15630.00 feet, a central angle of 02'17'02" end a long chard bearing North 00'46'13" East a distance of 623.03 feet; THENCE South 88'0516" East, non—tangent to aforesaid curve, a distance of 20.00 feet; THENCE North 01'39'49" East o distance of 597.94 feet; THENCE North 45'20'38" East a distance of 101.43 feet: THENCE North 01'00'43" West o distance of 30.00 feet to the North line of the Northwest Quarter (NW1/4) of sold Section 19; { THENCE North 88'59'17" East along the North line of the Northwest Quarter (NWT/4) of said Section 19 a distance of 20.00 feet; THENCE South 01'00'43" East a distance of 38.56 feet; THENCE South 45'20'38" West a distance of 101.98 feet; THENCE South 01'39'49" West a distance of 610.01 feet; • THENCE North 88'05'16" West a distance of 20.07 feet to the beginning point of a curve. said curve being non—tangent to aforesaid line; • THENCE along the arc of said curve which is concave to the East a distance of 602.27 feet to Point of Tangency, said curve '. having a radius of 15610.00 feet, a central angle of 0212'38" and a long chord bearing South 00'44'01" West a distance of 602.23 feet; THENCE South 00'22'18" East a distance of 854.14 feet; THENCE North 89'37'42" East a distance of 20.00 feet; THENCE South 00'22'18" Eost a distonce of 940.00 feet; THENCE South 89'37'42" West a distance of 20.00 feet; THENCE South 00'22'18" East a distance of 2190.74 feet to the South line of the Southwest Quarter (SW1/4) of said Section • 19; THENCE South 89'01'13" West along the South line of the Southwest Quarter (SW1/4) of said Section 19 a distance of 20.00 feet to the POINT OF BEGINNING. Said skip of ism' can tabs 107,953 sq. ft. or 2.478 acres, more air leas (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 0 iC A, • V ? 381.06 .1 4, •J we6411bisoiSq° i♦ Sr •� �• **t*s*** Michael Chad Diika -- On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #3B105 TEMPORARY EASEMENT d , . WELD COUNTY DEPARTMENT ACQUISITION 9 r,, _.- OF PUBLIC- WORKS __._. • fr; 3' s, WCR 49 CORRIDOR PROJECT • BETWEEN WCR(s) 30 & 32 TEN HAND TRUST & DECHANT WCR 49 ICING SUWVI.?YOBS ,PROJECT NO: SRP-26 _ fi SCALE: N/A 4,,t)r.... Godat Odhr I Wind5tit•Colocttk)B+15191 WELD COUNTY. COLORADO i<<<. t ;9'u 1 4Kis.5titl I cnGai:infnyzti+n}ttiuncc>r:«tt„ I DATE S-y-i 5 DRAWN BY: CDL SHEET: 14313 1 E JIBIT=C NW CORNER ' Pat* (Amen GATHSYMC Sec. 19. T.3N., R.64YM. i_1()—. ,-"Lt 1 (OPEC NO. 38359.25) FOUND #6 REBAR WITH 3.3" ALUMINUM CAP ILLEGIBLE { �`} ^�--� IN MONUMENT BOX- . w..d L9 L12 ISO' AMINE (AmAson. Nailer ROBERT H. MIKES & —?-4L13 TO PANHANDLE ,� E�AS1E7tw n'e- La&' COMPANY According to Colorado Jaw you RONALD W, MrKF:S I (REC. NO 1758654) must commence ony legal 20' TEMPORARY EASEMENT, in action t burve upon any defect -- J L7 107,953s,f.± OR 2.478ac.± years y vey within disthrcs ya you first discover I . I ...L15 such defect. In no event may CrABRIELA CAMPOS 5 e' TEN HAM) TRUST & AI.,VIN any action based be (-) detect in this survey RAMIREZ N1IaIZC3 commenced more then ten IDECT-I A NT Jr. & SCOTT• DECT ANT years from the date of the SAUCED() PEREZ 1 certification shown hereon. PAI C # 2I 19� i)U 1 (13-80-105 C.R.S. 2012) _...12L- • t • I R.ECP.#3794239 Hi "' _�' 40` EXISTING RIGHT—OF—WAY i I..r4».(BOOR 1046 PAGE 213) NOTE: We exhibit drawing is FLORENCE I I riot Intended to be a Ca M. NOPENS LSII manumentoltzed land survey. It's sole purpose is as a W 1/4 CORNER graphic representation to aid in Sec. 19, T.3N., R.64W, the visualization of the written fat FOUND BG REBAR WITH property description which it lei 2..5- ALUMINUM CAP. ILLEGIBLE accompanies. The written IN MONUMENT BOX Property description supersedes the exhibit drawing. .50` P1PE'LAYE amen- 1O AMOCO PIRVOI 011011 COMPANY Ora NO. 0239007) LOTS RE 1213-24-4. "t• cli L3 DU-R.TFEY K, RCCX14.0092 h 0 ' . GURTLER CD to' EL 1RIc AM) COMMLAVIC.ARCW EASEMENT TRUST of w L19 Ti7 uwlT� . Avg & RUSSELL L. Jr. cfl . Ow Na 3fLP33t11) FAMILY TRUST tor A Et :t A . 51' EXISTING RIGHT-OF-WAY I2l3-?A-4- tV BOOK 1046 PAGE 33) (40) RECX11-x0.92 - n REC. NO. 3528541) (11') Q < i APPROXIMATE LOCANON OF 3D' PIPELINE EASEMENTZ C- I TO WitT!'ENBERG MlXDMIG, u [( IC Nes, 39946rr, 3894812 dt 36+946x3) E 312 S24-T3t'I-R.65W � III i t W 1/2 ROSE ROCKis.1 S' PflLm - EASEMENT 519-T3N-R64W MIDSTREAM NI O (NEC. NO. 3992501) J- ' (S51 CRUDE, L.P. I 50' PrPEENVE EA5EIIENT t TO i wnt CLIFFS PIPELINC LLC I tEC NUx 3510824 3615651, 3967950 5957951 at 39 57957) SW CORNER I Sec. 19, T.3N., R.84W.. _ _ . __ FOUND #5 REBAR WITH- ' ' • - =411' WATERLINE cASENiNTl �►Iti' 3.25" ALUMINUM CAP L21 TO N0RTIIEPN COL MAN) AN) . STAMPED IS 23027, 2002 L1 IIST `R CCWSER'VANCY OI2T IN MONUMENT BOX (REa AtDa 2 255 623887 dr 2623998) POINT OF COMMENCEMENT • 1 25' PIPELINE EASEMENT. POINT OF BEGINNING 4--TOINDtsSTRIAL CAS SERWCE i INC I I ( (REC.. Ala 1652550 TEMPORARY EASEMENT .,,%,'a. WELD CQUN COUNTY DEPARTMENT ACQUISITION 14 r l - OF PUBLIC WORKS (ii ii.) ;! k"T . WCR 49 CORRIDOR PROTECT BETWEEN WCR(s) 34_&_32 TEN HAND TRUST & DECHANT WC iz 49 KING G Si Ill t't�:YORS PROJECT N4: SRP-26 SCALE: 111=1{110$ bill II Gatti'n Drirt I It itidstzt,Coors elo A.0350 .� WELD COUNTY, COLORADO , I;.,,,::c.Mil) nWe.S,tl1 I :•„128k IntiliaK;nl;0"Y(,rc Cyttt DATE: 5-9-15 I DRAWN B)': CDC. SHEET: 2 of 3 , -. EXHIBIT= C r. LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH ' L1 N89'01'13"E 70.00' L16 S00'22'18"E 854.14' ti 1 L2 NOO'22'18"W 2210.95' L17 N89'37'42"E 20.00' L3 N89'37'42"E 20.00' L18 S00'22'18"E 940.00' 14 N3LY22'18"W 900.004 L19 S89'37442"W 20.00' L5 S89'37'42"W 20.00' 120 S00'22'18"E 2190.74' L6 NOO'22'18"W 874.14' 121 389'01'13"W 20.00' L7 S88'05'16"E 20.00' { L8 NO1'39'49"E 597.94' I F NR, n , - �y L9 45`20'38"E 101.43' 110 NO1'00'43"W 30.00' L11 N88'59'17"E 20.00' L12 301'00'43"E 38.56' L13 545'20'38"W 101.98' L14 50'1'39'49"W 610.01' L15 N88'05'16"W 20.07' CURVE TABLE CURVE ' LENGTH RADIUS DELTA CHORD CH BEARING Cl 623.07' 15630.00' . 2'17'02" 623.03' NO0`46'13"E C2 602.27' 15610.00' 2'12'38" 602.23' 300'44'01 "W • - -- TEMPORA-RY EASEMENT ; WELD COUNTY DEPARTMENT ACQUISITION - , OF PUBLIC` WORKS It-32: a a. : WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 .&- 32 TENHAND TRUST & DECHANT WCR 49 KING SURVEYORS IPROJEC.T NO: SRP_26 _ SCALE: N/A - :..it)p. (halm Mitt. I W illthatc,(a,krado nnSStl WFT.D COUNTY. COLORADO ti.::;,, t')7tt) r,hY,-iult ( ,�taif ,id,>rKe�!Sunrre,r.ram r DATE: 5-9-t3 DiRAWN-8Y: CDL I SNEE-T-:- 3 of 3 EXHIBIT-SD S19-UN-RO4W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 64 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. 3794239 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 19 AS BEARING SOUTH 40'23'13" EAST A DISTANCE OF 2659.39 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 19 ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTHERLY UNE OF SAID SECTION 19 NORTH 8$'59'17" EAST A DISTANCE OF 210.94 FEET TO THE POINT OF BEGINNING, THENCE NORTH 88'59'17" EAST CONTINUING ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00 FEET: THENCE SOUTH 01 '00'43" EAST DEPARTING SAID NORTHERLY UNE A DISTANCE OF 49.26 FEET; THENCE SOUTH 45'20'38" WEST A DISTANCE OF 102.66 FEET; THENCE SOUTH 01'39'49" WEST A DISTANCE OF 625.10 FEET; THENCE NORTH 88'05'16" WEST TO A POINT OF CURVE WHICH IS CONCAVE TO THE EAST A DISTANCE OF 20.13 FEET; THENCE ALONG SAID CURVE 576.27 FEET HAVING A RADIUS OF 15585.00 FEET, A CENTRAL ANGLE OF 02'07'07" AND A CHORD BEARING OF SOUTH 00'41'15" WEST A DISTANCE OF 576.24 FEET; THENCE SOUTH 00`22'18" EAST A DISTANCE OF 829.14 FEET; THENCE NORTH 89'37'42" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'22'18" EAST A DISTANCE OF 965.00 FEET; THENCE SOUTH 89'37'42" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 00'22'18" WEST A DISTANCE OF 935.00 FEET; THENCE SOUTH 89'37'42" WEST A DISTANCE OF 20,00 FEET; THENCE NORTH 00'22'18" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 859.14 FEET; THENCE ALONG SAID CURVE 607.47 FEET HAVING A RADIUS OF 15615,00 FEET. A CENTRAL ANGLE OF 0213'44" AND A CHORD BEARING OF NORTH 00'44'34" EAST A DISTANCE OF 607.43 FEET: THENCE SOUTH 88'05'16" EAST A DISTANCE OF' 20.05 FEET; THENCE NORTH 01'39'49" EAST A DISTANCE OF 606.99 FEET: THENCE NORTH 45'20'38" EAST A DISTANCE OF 101.84 FEET; THENCE NORTH 01'00'43" WEST A DISTANCE OF 36.42 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 95,617.21 sf. OR 2.20 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED CY LEON W, SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 I PERMANENT EASEMENT WELD COUNTY DEPARTMENT ACQUISITION 1) PUBLIC' WORKS PE 32 1-1 WCR 49 CORRIDOR PROJECT TEN HAND TRUST & .� BETWEEN WCR 30 & 32 DECHANT I Lei N f PROJECT NO: SRP-26 SCALE: WELD COUNTY, COLORADO ,� DATE: IU-Q7-I5 'RAWN BY: DRI IIHEET: I of 2 I EXHIBIT-D SI9-T3N-R64W -- -. -P.4.6. L2 _ 11 L3 P.O.C. L1 Q L4 LINE TABLE NW COR S19--T3N-R64W- - , FND 2 1 /2" ALUM. CAP { ' Q, LINE BEARING DISTANCE ILLEGIBLE ' °'. a L1 N88'59'17"E 210,94' 1 # E L2 k-N88'59'17"E 30.40' MIKES L3 SO1 '00'43°E 49.26' L4 S452038 W 102.66 It: � I ' ' " ' t t 1 mre, , L5 N88'05'16"W 2O.13' I °; L6 N89-37'42"£ 20.00' i • s L7 1589437'42°W 30,00' t iL9 L9 S8$'fl5' fi E 20.050 ' L5 L10 4N 45'2O'38"E 1O1 .84` L11 NO1 'OQ'43"W_t 36.42' L-8O7.47 , t _ L=576.27' R=15615.00' i , PEREZ EZ 1 02'13'44" R=15585.00 ■ w CB=NO0'44'34"E 0 t' t12107 O7 C=6(77.43' CB=S00•41'15"W C=576.24' ; bi TEN HAND TRUST, ICA ALVIN DECHANT jr. 1 & SCOTT DECHANT ? I3 b'-RG tip ' 6` PARCEL # 121519200014 o04 « RECP.# 3794239 al 1 M ist ` if / A CV k N 1 P.; } NOPF.NS :M 30' PERMANENT EASEMENT ACQUIRED L6 95,617.21 sf, OR 2.2O ac,± a , T. , 0 . . . .6 , go ! I 48) cn >trii 1 $ OQ W 1 /4 COR S19-T3N-R64W '°°i ` t1, FND 2 1 /2" ALUM. CAP p I cav, 4 ILLEGIBLE o I Ica x , I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A i MONUMENTED LAND SURVEY OR LAND SURVEY PLAT, I IT is INTENDED TO ILLUSTRATE THE ATTACHED ' PROPERTY DESCRIPTION ONLY. . L7 PERMANENT EASEMENT ' ` .: ,r WELD COUNTY DEPARTMENT .. ' Wel I OF PUBLIC. WORKS ACQUISITION PE-32 ;I ,; ,_� ` WCR 49 CORRIDOR PROJECT rc. =-7 `r c32 - TEN HAND TRUST & r : _ BED wEEI*3 WC _31 — �. _ -L. _ PROJECT NO: SR P-26 A "= DECHANTsc L�. 1 aoa WELD COUNTY, COLORADO I . G U T -..ti,+ ; PATE: 10-07-15 DRAWN BY: URN SHEET: 2 of 2 EXHIBIT E THIS TEMPORARY CONSTRUCTION EASEMENT, effective upon execution by all parties, is made between Ten Hands Trust, Alvin Dechant Jr., and Scott Dechant, as "Grantor", and the County of 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 RECORDING INFORMATION ABOVE Ft/W # 32 GRANT OF EASEMENT Alvin Dechant, Jr., whose address is 11521 Weld County Road 49, Hudson, Colorado 80642, Scott Dechant, whose address is 13330 Weld County Road 49, Hudson, Colorado 80642, and Ten Hand Trust, whose address is 8029 Weld County Road 39, Fort Lupton, Colorado 80621 , GRANTOR (whether one or more), 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 "D" 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 facilities or the construction, operation, maintenance, replacement, enlargement, 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, W/O # Map No. : Part of Section 19, Township 3N, Range 64W, 6th P.M., County of Weld, State of Colorado successors and assigns of the parties hereto, The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. 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 additior al or different oral representation, promise or agreement shall be binding on any of the parties with respect tD the subject matter of this Grant of Easement. SIGNED AND SEALEI BY GRANTOR this day of , 20 GRANTOR: BY: Scott Dechant, Owner STATE OF COLORADO ACKNOWLEDGEMENT COUNTY OF WELD ) I, , a Notary Public for said County and State, do hereby certify that Scott Dechant personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 20 . Notary Public My Commission Expires: W/O # Map No. : Part of Section 19, Township 3N, Range 64W, Ett' P M , County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of , 20 GRANTOR: BY: Alvin Dechant, Jr., Owner STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF WELD 1, , a Notary Public for said County and State, do hereby certify that Alvin Dechant, Jr. personally came before me this day and acknowledged that s/he executed the foregoing Grant of Easement as his/her own act and deed. WITNESS my hand and official Notarial Seal, this day of , 20_. Notary Public My Commission Expires: W/O # Map No. : Part of Section 19, Township 3N, Range 64W, 6th P.M., County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of , 20 . GRANTOR: BY: David Dechant, Trustee for Ten Hand Trust, Owner STATE OF COLORADO ) ACKNOWLEDGEMENT COUNTY OF WELD ) I, , a Notary Public for said County and State, do hereby certify that David Dechant personally came before me this day and acknowledged that s/he is the trustee of Ten Hand Trust, a trust of Colorado, and s/he, being authorized to do so, executed the foregoing Grant of Easement as his/her own act and deed on behalf of Ten Hand Trust. WITNESS my hand and official Notarial Seal, this day of , 20 . Notary Public My Commission Expires: W/O # Map No. : Part of Section 19, Township 3N, Range 64W, 6tn P.M., County of Weld, State of Colorado EXHIBIT H 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, Alvin Dechant, Jr., whose address is 11521 Weld County Road 49, Hudson, Colorado 80642, Scott Dechant, whose address is 13330 Weld County Road 49, Hudson, Colorado 80642, and Ten Hand Trust, 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, Ranae 64 West of the 6' P.M. Section 19; 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 frees, 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: Alvin Dechant, Jr. Title: Owner 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 Alvin Dechant, Jr,, known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me he executed the same as his free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , 2016. My commission expires: Notary Public By: Print: Scott Dechant Title: Owner 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 Scott Dechant, known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me he executed the same as his free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , 2016. My commission expires: _ w_ Notary Public By: Print: David Dechant Title: Trustee for Ten Hand Trust, Owner 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 David Dechant, Trustee for Ten Hand Trust, known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me he executed the same as his free and voluntary act and deed for the purposes and consideration therein expressed on behalf of Ten Hand Trust. Given Under My Hand and Seal of Office, this _ day of , 2016. My commission expires: Notary Public Hello