The URL can be used to link to this page

Browse Search

Home My WebLink About20161344.tiff RESOLUTION RE : AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38 - 1 -101 , C . R. S . , AGAINST ALVIN DECHANT JR . AND DAVID 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 Temporary Construction Easement (TCE) ; • Exhibit C , Legal Description of Permanent Easement ( PE ) for United Power; • Exhibit D , Form of PE ; • Exhibit E , Form of TCE ; • Exhibit G , Legal Description of Permanent Easement for Farmers Reservoir and Irrigation Company ( FRICO) , and WHEREAS , in an appraisal prepared by Jon Vaughn , Certified Appraiser, the value of the Property to be acquired is established at $ 12 , 900 . 00 , and WHEREAS , said Property is owned by Alvin Dechant Jr. and David 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 $ 18 , 208 . 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 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 . ; @t ( 8°) iu/ Af' / 6r 2016- 1344 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38- 1 - 101 , C . R . S . , AGAINST ALVIN DECHANT JR . AND DAVID DECHANT PAGE 2 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 Alvin Dechant Jr. and David 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 $ 18 , 208 . 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 : dia.& W XL .(A --111-nSicadeZdne • Mike Freeman , Chair Weld County Clerk to the Board _ A Wr% s -. • LaSt a Pro Tem,� .��,. Sean P . Con y , Si ir-zi IN BY : �_ . f soup, Deputy Cle tot o , ow- �� tt6 � cc.) 11.ktt Julie A . Cozad es / 44in . I APP ED AS • �, f�J . arbara Kirkmeyer —wish,. \•••, -aftp. s..- , 2 ounty Attorney .... A.4--e--_______7/4 Steve Moreno Date of signature : M/a, 2016- 1344 CA0015 ? cJ43 ? HOTO C1-1 \ 11— _ __ _ _ . a " Ili I ir p I 1 1 pF r ., `' s �:f 1 " p 1 0 d 2O. _ P ERM A E4 I TE PO AR _ ,may� tt p �y r . r� EASEMENT /6, U( . D f r 9 , 1 sf. 'O'R � 184ac. OGG It __ s _ r , airj , ._------ —;;—,.."A_,„ . ,...._ . i !mss r-4 f 1 a}t taus '-0€441:I i i _ Y Y t.) 5 Yi 1 "i •J . 1 02 LL A _ I II • ssits ie e r , cot P , 4- 7 i I 4 1'!' 1 It (IP i =:') Or 97-7.344—144:4* --. , s , .-- -. -- -_ - e - _ - - lb e.. ' LJIR• f air, 40 17 , . ,, _ll Ow p 1 l it 4 1 _ , Ar ir ill - , p - . (is , #iii :: _ • d,i • . „ . • c , AysTio, 0 0,, I ill • Illi i I D vIDA .E � ' T M _ Ail. - - � �yr _ . d a Is,. 11 i i - .4 � 1 1 '�' i � ' - -rill *se r 10, I I Jitl°I J it4. it r ' P IIP - ei y.411.11 Mat r , . t iritell \ • -1 Jr at 4 _ rw pia." 1 _, 11 vs ■ • 7 '' i. - ',J,R--• th0--,, 1 TZLAFF• No\' li I - jim-sr — w .i r ' � sp.....,‘ �? �r io wIIII l ' ', all a. a —JIB _ _ ir E7 + 'M II r T- =- t . ' t I i_ 11. �_ -I 2016-1344 pt EXh1BitLA 43-DECHANT-ROW PARCEL DES.QB1 J1ON A parcel of land, being part of that land described in a Deed recorded December 27, 2004 as Reception No. 3246922 of the Records of the Weld County Clerk and Recorder, located in the West Rolf (W1/2) of Section Seven (7), 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 mare particularly described as follows: COMMENCING at the Northwest corner of sold Section 7 and assuming the West line of the Northwest Quarter (NW1/4) as bearing South 00'21'00" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2642.09 feet and with oil other bearings contained herein relative thereto; THENCE North 88'53'16" East along the North line of said NW1/4 a distance of 4100 feet to the POINT OF BEGINNING; THENCE North 88'5316" East continuing along sold North line a distance of 99.60 feet; THENCE South 01'06'44" East along a line perpendicular to the aforesaid course a distance of 30.00 feet to the sold North line; THENCE South 44'16'08- West a distance of 99.65 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle, the West line of said NW1/4; THENCE South 00'21'001" East along said parolle, line a distance of 254102 feet to a line parallel with and 70.00 feet Easterly of as measured at a right angle, the West line of the Southwest Quarter (SW1/4) of said Section 7; THENCE South 00'21'02" East along said parallel One o distance of 1055.46 feet to a Point of Curvature (PC); THENCE along the arc of a curve concave to the Northwest a distance of 748.39 feet, said curve has a Radius of 15,770.00 feet, a Delta of 02'43'09" and Is subtended by a Chord that bears South 01'00'32" West a distance of 748.32 feet to a Point of Tangency, THENCE South 0722'07" tst o distance of 97.81 feet to a PC; -€HENCE otong the arc of a curve concave to the Southeast a distance of 182.83 feet, said curve has o Radius of 15,63x,OO feet, a Delta of Dd'40`13" and Is subtended by a Chard that bears South 02'02'00 West a distance of 182.83 feet to a line parallel with and 40.00 feet Easterly of, as measured at a right angle, the West line of said SW1 j4; THENCE North 0021'02" West along a line non—tangent to the aforesaid curve and along said parallel line a distance of 2083,94 feet to :o line parallel with and 40.00 feet Easterly of, as measured at o right angle, the West tine of said NW1/4; THENCE North 00'21'00" West along said parallel line a distance of 2642.62 to the North line of said NWt/4 and to the POINT OF BEGINNING. Said described parcel of land contains 135,141 Square Feet or 3.102 Acres, 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 WITH EXISTING RIGHT OF WAY OF WELD COUNTY ROAD 49 AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West 40.00 feet of said Section 7 excepting therefrom the South 330.00 feet. Said described parcel of land contains 198,165 Square Feet or 4.549 Acres. more or less (*), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. 43,)/ ✓ ( -2nla Steven Parks — On Behalf Of king S mayors Colorado Licensed Professional Land Surveyor #38348 v, S.' WELD COUNTY DEPARTMENT RIGHT OF WAY . ACQIIISITION 4 0:40 OF PUBLIC WORkS RW-43 WCR 49 CORRIDOR PROJECT BETWEEN WCR O)s DECHANT JR. AND DECHANT ) 34 36_ WCR 49KING SURVEYORS PROJECT NO: SRP-26 I SCALE: N/A 6iii# Crankn°ri+e l Yt iedtouColorado Kann WELD COUNTY, COLORADO plinths: VOX 6No Sit f I email.mfoeKiu4Suncrontom DATE: 5-13-I5 DRAWN BY: COL SHEET: 1 oft - EXHIBIT-A DETAIL SCALE: 1"=1 00' POINT OF BEGINNING . .� arm L1 L2 CURVE TABLE 9 CURVE LENGTH RADIUS DELTA CHORD CH BEARING' - C1 748.39' . 15770.00' 743'09" 748.32' SO1'00'32"W - i tx C2 182.83' 15630.0©' 0'40'13" 182.83' SO2'02'00"W ,� I ' I I - 1 , is- SEE DETAIL LINE TABLE - . _ NCR _ _ LOW EXISTING RIGHT--OF-WAY . LINE BEARING LENGTH ` ,+ NOOK 48, PAGE tag) L1 ^ N8N88'53'16140.OQ' (JOG & S t.I,C, & THE STROH + NW CORNER FOUND #6 REOAR WITH L2 N88'53'16"E 99.60' FAMILY TRUST � �� • • 3.25' ALUMINUM CAP G STAMPED LS 23520. 2001 • r M ' I- Z IN MONUMENT BOX L3 SO1'06 44 E 34.00 NE t/4 CD CCPOINT OF COMMENCEMENT4r S12-13N-Rb5W N 41 L4 S4416'OS"W 99.65' CO 40' EXISTING RIGHT-OF-WAY . s - "(REC. NO. 819307) L5 SOO'21'OO"E 2543.02' 9" c ALVIN DECHANT 16 50021'020E 1055.46' . d Jr. & DAVID w ,�,� , 0 CO 17 S02'22'07"W 97.81' FOUND 7„8 aEBA"ant : ,� ALAN DECHANT La NO 1' 3 S' ALUMiNlJA1 CAP 1 --I PARG.#121507000008 ©'2 O421O2°W 2083.94' STAMPE ,IN 2 08X RECP.#3246922 L9 NO0`21'00"W 2642.62' NOTICE PATE:1.5C0A A. & ADDITIONAL RIGHT-OF--WAY According to Colorado tow you must TERRY L. GRISHAM '-- "fa 135.1415.f.1 OR 3.102oc. commence any legal action based upon 1 any defect In thle survey within three years r 57-TH-R64W after you tint discover such defect. Jn no event may any action bared �n any SE weELI.A LEE & defect In this survey be commenced more 512-T3N-Rb5Vll LONNiE R. than ten years from the date of the FORD 7W NE-RES CANAL EASEMENT certiltcatlon shown hereon. (13-00-105 1 ALIEC. NO GNMENT OF 0 CANAL BASED ON C.RS. 2012) DEBRA & .1 5 MAP OF 1HE WERES CANAL MICHAEL I (REC. NO 150437) DAWSOIN NOTE: This exhibit drawing is not Intended L7 SW CORNER to be o monumentoilzed land survey. it`s HEIDI J. & SCOTT Sec. 7, T.3N.. R.B4W. } tr C2 _ FOUND �5 REBAR WITH to purpose the le as a graphic representation art to old in thrr visualization of the written P. ELMURE 1 3.25' ALUMINUM CAP property description which it accompanies. STAMPED LS 10855, 1998 The written property description supersedes CIfRI5TIIVA C IN MONUMENT BOX the exhibit drawing. JOHNSON DM It &AS-E. &: LIN[.7A M. RATZIAFF I , RIGHT OF WAY I WELD COUNTY DEPARTMENT ACQUISITION a rte, ` OF PUBLIC WORKS RW 43 � •'t . WCR 49 CORRIDOR PROJECT I BETWEEN WCR(s) 34 & 36., DECHANT JR. AND DECHANT WCFt49 al KING SLJItVEMits PROJECT NO: SRP-26 SCALE: 1"=SAO' l i0 E.C'acd•n time. I Wtfulsnr,Colunda 80156) - r WELD COUNTY, COLORADO} lily "ta7O 686.5011 I erniali"in@i4iri•gCSiteeetc“"n" DATE: S-I3-ls DRAWN 8Y: C`DL SHEET: 2 of2 EXHIBIT-B 43--DECHANT-- TCE PARCEL DESCRIPTION A parcel of land, being part of that land described in a Deed recorded December 27. 2004 as Reception No. 324892 of the Records of the Weld County Cleric and Recorder, located in the West Half (W1/2) of Section Seven (7), 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 mare particularly described as follows. COMMENCING at the Northwest corner of said Section 7 and assuming the West line of the Northwest Quarter (NW1/4) as bearing South 00'21'00" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2642.09 feet and with ail other bearings contained herein relative thereto; THENCE North 88'53'16- East along the North line of said NWI/4 a distance of 139.60 feet to the POINT OF BEGINNING; THENCE North 88'53'16•' East continuing along said North line a distance of 20.00 feet; THENCE South 01'06'44" East along o line perpendicular to the aforesaid course a distance of 38.38 feet; THENCE South 44'16'08" West a distance of 99.81 to a line parallel with and 90.00 feet Easterly of, as measured at a right angle, the West line of said NW1/4; THENCE South 00'21'00" East along said parallel line a distance of 2,534.81 feet to o line parallel with and 90.00 feet Easterly of, as measured at a right angle to, the West line of the Southwest Quarter (SW1/4) of said Section 7; THENCE South 0021'02" East along said parallel line a distance of 1,055.48 feet to a Point of Curvature (PC); THENCE along the arc of a curve concave to the Northwest a distance of 749.34 feet, said curve has a Radius of 15,790.00 feet, a Delta of 02'43'09" and is subtended by a Chord that bears South 01'00'32 West a distance of 749.27 feet to a Point of Tangency (PT); THENfiE South 0222'07" West a distance of 97.81 feet to a PC; THENCE along the arc of a curve concave to the Southeast a distance of 182.60 feet, said curve has a Radius of 15,610.00 feet, a Delta of 0O'40'13" and is subtended by a Chord that bears South 02`02'00" West a distance of 182.60; THENCE North 8818'!'x6' West Song a line non—tangent to the aforesaid curve a distance of 20.00 filet to a line parallel with and .40.00 feet Easterly of, as measured at a right angle, said West the and to the beginning point of a curve; THENCE along the arc of a curve concave to the Southeast a distance( of 182,83 feet, said. curve has a Radius of 15,830.00 feet, a Delta of 00'40'13" and is subtended by a Chord that bears North 02'02'00" East a distance of 182.83 feet to a PT; THENCE North 02"22'07" East a distance of 97.81 feet to a PC; THENCE along the arc of a curve concave to the Northwest a distance of 748.39 feet, said curve has a Radius of 15,770.00 feet, a Delta 02'43'09" and Is subtended by a Chord that bears North 01'00'32" East a distance of 748.32 feet to a PT and to a line parallel with and 70.00 feet Easterly of, as measured at a right angle. said West line; THENCE North 00'21'02" West along said parallel line a distance of 1055.48 feet to a line parallel with and 70.00 feet Easterly of, as measured at a right angle, the West line of said NWI/4; THENCE North 00'21'00" West along sold parallel the a distance of 2543.02 feet, THENCE North 44'16'08" East a distance of 99.65 feet; THENCE North 01`06'44" West a distance of 30.00 feet to said North line and to the POINT OF BEGINNING. Said described parcel of land contains 95,154 Square Feet or 2.184 Acres, more or less (t), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. ufrisb- Steven Parks - On Behalf. .l 'King' Surveyors Colorado Licensed Professional Land Surveyor #38348 .fig, WELD COUNTY DEPARTMENT TEMPORARY EASEMENT ACQUISITION $11 Os , WCR 49 CORRIDOR PROJECT''� ' _ OF PUBLIC WORKS E �3 BETWEEN WCR(s) 34 & 36 DECHANT JR. AND DECHANT WCR 49 Kw; Suitvgyotts PROJECT NO: SRP-26 J SCALE N/A WELD COUNTY, COLORADO • p tad)E Undrit paw i Windsor,Colorado$4)15+0 J i,i"te: (97106686 5titi C„,air,Htrra,"0itn"r5"l DATE: 5-13-15 DRAWN .BY: CDL JNEEt;_..1 o12 EXHIBIT- B _ DETAIL -- SCALE: 1"=1OO' CURVE TABLE POINT OF BEGINNING w ' - _ CURVE LENGTH RADIUS DELTA CHORD CH BEARING ill L1 L2ter rt C1 749.34' 1579O.OO' 2'43'09" 749.27' SO1'00'32"W -� C2 182.6O 1561O.4O O4O13 182.6O SO2 O2 OO W C3 182.83' 1563O.OO' O'4O'13" 182.83' NO2'O2'QO"E r------ <1._ 1 C4 748.39' 1577O.OO' 2'43'O9" 74832' NO1 'OO'32"E 1 tit r - __ LINE TABLE • SEE DETAIL _ " -• - WCR , i -- a". LINE BEARING LENGTH 60' EXISTING RIGHT-CF- WAY L1 N88'53`16"E 139.60' (BOOK 48, PAGE 13$) OC;U & S LLC, & I.I NW CORNER L2 N88'53'16"E 2O.OO' THE STROH . 3M. 64111. Sec. 7� T. . R. FAMILY TRUST -con r FOIRIo QG RUM Will 13 ' SO1'06'44"E 38.36' 0 La 3.2'3 ALUMINUM CAP STAMPED LS 23520, 2001 't IN IJONUMENT SOX L4 S44'16'08"Yq 99.81' NE t!4 Ott !r I POINT OF COMMENCEMENT S12-T3N-RS51N (NI LU L5 9OO'21'OO"E 2534.81' 44/ EXISTING RIGHT-OF-WAY - o (REC. NO. M9307) L6 9OO214O2"E 1O55.46' .w . AL VIN DECHANT L7 502'22'07"W 97.81' Ili 1/4 CORNER 0 'k-1 II Jr. & DAVID LBN8818°O6"W ZO,Oo' Sec. 7. T.3N., R.B4Mi, t ALAN DECHANT FOUND 06 Rt33AR 1MTft r "n FARO.#12 I Q7OQOOU8 3.fl" ALUMINUM cAP .., L9 NO2.22`O7"E 97.81' 90 STAMP IN MONUMENT BOX f # RECP.#3246922 L1O N00'21'02"W 1O55.46' - _ _ ••‘.•�. _ L11 NOQ'21'OO"W 2543.O2' 2O' TEMPORARY EASEMENT PATRICIA A. & in --95,154s.f.± OR 2.184ac.* 1.12 N44'16'O8"E 99.65' TERRY L. GRISH.AM --"`-`""` 1 0 PO i :I -1 L13 NO1'06`44"W 30,00' 1 S7-T3N-R64W - SE 1/4 ELLA LEE& It Siz-r3M4t65W LONNIE R. •,+•t 75' NERES CANAL EASEMENT FORD (NEC. NO 202072) NOTICE a ALIGNMENT OF CANAL BASED ON I)H4RA it ' MAP OF THE NERFS CANAL According to Coierode 1 w you must commence any (REC. NO 150437} legal action based u any defect in this survey Q MICHAEL t. I wf?tin three rare otter you first discover such S i L7 SW CORNER defect. M no event may any action based any defect In this survey be commenced more than ten See. 7: T.314., R.54W. HEIDI J. & SCOTT A el FOUND 06 REBAR MTH ho from the eta of the certification shown P. ELMORE C) 0 3:23" ALUMINUM CAP hereere°^. (13—eQ-105 C.R.S. 2012) STAMPED LS X 10555,O1996 NOTE• W e exhibit drawing c CHRISTINA C - -.. . . IN MONUMENT BOX 9 is not intended to be monumentSAzsd kind sgrny. It's sole purpose Is as LB 1St}I.4CMI AS T= R a JOHNSON graphic representation to aid .>n the visualisation LINDA M RATZI.AFF of the written property description which It 4- 7-- ..accOinpgnles. The `written property description - _ — "" . supersedes the exhibit drawing,4 TEMPORARY EASEMENT 4"*.- WELD COUNTY DEPARTMENT ACQUISITION 50 • OF PUBLIC WORKS ft-4:3 *� . WCR 49 CORRIDOR PROJECT \Nth,' • i BETWEEN WCR(s) 34 & 36. DECHANTJR. AND DECHANT -- WCR 49 KING SURVEYORS PROJECT NO: SRP-26 . ScALE: I"=80O' Nli 686-5"1I I tinil:ini mr _ DATE: 5 t3-15 DRAWN 650 E. Guam uaam Drnc i \ indict,Colundo 1iv550 , WELD COUNTY, COLORADO Phone: �„ R � r+�tin�nY}�or1 cunt RAWN BY: CDL SHEET: 2 of 2_ EXHIB IT- ,' S7-T3N-R64W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF SECTION 7, 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. 3246922 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WESTERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 AS BEARING SOUTH 00'21'00" EAST A DISTANCE OF 2642.09 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 7 ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTHERLY UNE OF SAID SECTION 7 NORTH 88'53'16" EAST A DISTANCE OF 139.60 FEET TO THE POINT OF BEGINNING, THENCE NORTH 88'53'16" EAST CONTINUING ALONG SAID NORTHERLY LINE A DISTANCE OF 20.00 FEET; THENCE SOUTH 01'06'44" EAST DEPARTING SAID NORTHERLY UNE A DISTANCE OF 38.36 FEET; THENCE SOUTH 44'16'08" WEST A DISTANCE OF 99.81 FEET; THENCE SOUTH 00'21'00" EAST TO A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 A DISTANCE OF 2534.81 FEET; THENCE DEPARTING SAID SOUTHERLY UNE SOUTH 00'21'02" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 1055.46 FEET; THENCE ALONG SAID CURVE 749.34 FEET HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 02'43'09" AND A CHORD BEARING OF SOUTH 01'00'32" WEST A DISTANCE OF 749.27 FEET: THENCE SOUTH 02'22'07" WEST TO A POINT OF CURVE TO THE LEFT A DISTANCE OF 97.81 FEET; THENCE ALONG SAID CURVE 182.60 FEET HAVING A RADIUS OF 15610.00 FEET, A CENTRAL ANGLE OF 00'40'13" AND A CHORD BEARING OF SOUTH 02'02'00" WEST A DISTANCE OF 182.60 FEET; THENCE NORTH 8818'06" WEST TO THE POINT OF A NON-TANGENT CURVE WHICH IS CONCAVE TO THE EAST A DISTANCE OF 20.00 FEET; THENCE ALONG SAID CURVE 182.83 FEET HAVING A RADIUS OF 15630.00 FEET, A CENTRAL ANGLE OF 00'40'13" AND A CHORD BEARING OF NORTH 02'02'00" EAST A DISTANCE OF 182.83 FEET: THENCE NORTH 02'22'07" EAST TO A POINT OF CURVE TO THE LEFT A DISTANCE OF 97.81 FEET: THENCE ALONG SAID CURVE 748.39 FEET HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 02'43'09" AND A CHORD BEARING OF NORTH 01'00'32" EAST A DISTANCE OF 748.32 FEET; THENCE NORTH 00'21'02" WEST TO A POINT ON THE SOUTHERLY UNE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7 A DISTANCE OF 1055.46 FEET; THENCE NORTH 00'21 '00" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 2543.02 FEET; THENCE NORTH 4416'08" EAST A DISTANCE OF 99.65 FEET; THENCE NORTH 01036'44" WEST A DISTANCE OF 30.00 FEET TO THE PAINT OF BEGINNING, SAID PARCEL CONTAINS 95,154 sf. OR 2,184 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 23520 WELD COUNTY DEPARTMENT PERMANENT EASEMENT S �g � Afr OF PUBLIC LIC 't RKS ACQUISITION PE-43 ; , ,_ � J, WCR 49 CORRIDOR PROJECT DECHAN'I jr, _- _BETWEEN W & DECHANT COO N2: Nil PROJECT NO: SRP-26 '. CALE: WELD COUNTY, COLORADO - DATE: 10-04-IS DRAWN BY: KI HEET: 1 of2 EXHIBIT- C S7-T3N-RO4W ti W _ P.O.C± 1 ± ° LWLs1 _n d L4 -- -- _ .- _ - - - -- -»- ----� new COR 57-T3N-R64W I END 3 1 /4" ALUM. CAP a z i I STAMPED LS#23520, 2001 412 O4 m I ao ,• LINE TABU W � • � LINE BEARING DISTANCE 8 6s I ° N L1 N88'53'16"E 139.80' OC. t:� 5 E I .C` �+ v�-in , L2 N88'53'1S„E 20.00' o � ' L3 501 .06'44"E 38:36' vE r L4 544`16'08"W 99.81 ' a L5 S02'22'O7"W 97.81 ' ki a `�' L6 N88'18'06"W r 20.00' W 1/4 COR S7-T3N-R64W I i FND 3 1 /4" ALUM. CAP $ L7 NO2'22'07"E 97.81' STAMPED LS#34995, 2008 L.8 N4416'084E 99.65' L9 N01 '0&'44"W 30.00' i I I E . I I i C i fz I S I 1 .\M � # t It 'v• ril1 j © ALVIN DECHANT jr. & I DAVID ALAN DECHANT csi I p PARCEL # 121507000008 ro b RECD.# 3246922 it S7-13V-R64W L=748.39' 20' PERMANENT EASEMENT ACQUIRED R=15770.00' 95,154 sf, OR 2.184 ac.± 102'43'09" I I c>1C8=N0100'32"E 1 512 73•\ ROii : C=748.32 L=749.34' R=15790.00' i 4=02'43'09" f)AWSON C8=S01 -00'32"W Ln 1$2.83' C=749.27' R=15630.00' 4=-00'40'13" # C8=NO2'02'00"E I 1 C=182.83' L 5 L 'alt )I SW COR 57--T3N—R64W , L=182,60' FND 3 1/4" ALUM. CAP R=15610.00' STAMPED LS#10855, 1998 0 Em 00'40'13" NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A L C9-SO2'02'00"W MONUMENTEI7 LAND SURVEY OR LAND SURVEY PLAT. II C=182.60' IT IS INTENDED TO ILLUSTRATE THE ATTACHED it PROPERTY DESCRIPTION ONLY. 55. s r z._ .L... _. PERMANENT EASEMENT ! WELD COUNTY DEPARTMENT 1861 r / ' E -OF PUBLIC WORKS ACQUISITION PE-43 �`# � , ' WCR 49 CORRIDOR PROJECT DECHANT jr. " -- I i BETWEEN WCR 34_& 36 & DEC GIANT I. �� ' ',,� '.``Ty l ' PROJECT NO: SRP-2b SCALE: E"=400' WELD COUNTY, COLORADO 1DATE: 10-09- 15 DRAWN BY: DR11 SHEET: 2 oft i i Exhibit D RECORDING INFORMATION ABOVE R/W # GRANT OF EASEMENT , GRANTOR (whether one or more), whose address is , in consideration of Ten and 00/100 Dollars ($ 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 , State of Colorado to-wit: Easement description as set forth in Exhibit C 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 plan t 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 , Township , Range 6th P.M., County of , 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 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 [STATE} ) ) [INDIVIDUAL] ACKNOWLEDGEMENT COUNTY OF [COUNTY] ) I, , a Notary Public for said County and State, do hereby certify that [PROPERTY OWNER NAME] 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: STATE OF [STATE ) ) [CORPORATE} ACKNOWLEDGEMENT COUNTY OF [COUNT '] ) W/0 # Map No. : Part of Section , Township , Range `h P.M., County of ___, State of Colorado I, , a Notary Public for said County and State, do hereby certify y that [OFFICER NAME] personally came before me this day and acknowledged that s/he is the [INSERT OFFICE] of[LESSOR NAME], a [ENTITY TYPE/STATE], and s/he, being authorized to do so, executed the foregoing Grant of Easement as his/her own act and deed on behalf of [LESSOR NAME]. WITNESS my hand and official Notarial Seal, this day of . 20 . Notary Public My Commission Expires: W/O # Map No.: Part of Section , Township , Range , 6th P M , County of , State of Colorado EXHIBIT E THIS TEMPORARY CONSTRUCTION EASEMENT, effective upon execution by all parties, is made between Alvin Dechant Jr. and David 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 6 PROPERTY DESCRIPTION NERES CANAL ACCESS - MAINTENANCE EASEMENT FOR FRICO DITCH COMPANY A TRACT OF LAND, LYING AND BEING SITUATE WITHIN the Southwest quarter of Section 7, Township 3 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT, on the Westerly Right-of-Way Line of Weld County Road 49, whence the Southwest Corner of Said Section 7 bears S01°19' 11"W, a distance of 1,372 .22 feet; THENCE, along said Westerly Right-of-Way Line, N00°21'02"W, a distance of 107.29 feet, to the South Line of the Neres Canal Easement; THENCE N77°03'37" E, along said South Easement Line, a distance of 97.26 feet; THENCE N65°26'37"E, continuing along said South Easement Line, a distance of 165.26 feet; THENCE leaving said South Easement Line, S34°10'37"W, a distance of 242.04 feet; THENCE N88°41'06"W, a distance of 108.51 feet to the POINT AND PLACE OF BEGINNING, containing 22590. 11 sq. ft. (0.52 Acres) more or less. Sheet 1 of 2 siarin_aaii I BIT G , 1 1 ---\\ \ . . . I 1 - 1 40' I ) / \ Westerly Riyht-of-way Lrne ,i` of Nle/d bounty Rvud 49 1 I I /1 IIH r / I I I I '' ,/ lea *fit: 26, ,r' _ NERES CANAL. ACCESS - MAINTENANCE EASEMENT...••• awl I I ., °t631 FOR FR=DITCH COMPANY i � . .. %'` / 2Z,5$Wfsgft./O.52Ac. ± do.a.— ,r,..I., Pt 4— I ease' I ne *4. - i I elL ..--" I . //, I co if' ' I AL VIN .A.NTJR. and DA VIDALA.NDEC ANT e N "41 '06" , 108.51' i • PARCEL No. .121.507000008 N _.,_ ,�` I Recept. No. 3246922 l!IaI I I , ,1 I I N 00°21'02" VV, 107=- I I I 'i I I :T-= 01°19'11" $,A1, 1372.22' {1" 1 • 1 { 1 ( 1 MICf1A/`l DA WSON I Oat NO. 384240491 I 1� Y I I ' I All existing ownership, I Rights—of—Way, and existing easement I - I information has been I I provided by Weld County 1 I - I I I I Note: This Exhibit Sketch does °�°" '• ' "• not represent a Monumented Lan I i Survey or Right—of—Way. It is ! I intended to show the attached property description only. NERES R S CANAL ACCESS - �.— KJ. WELD COk er ( D ARTM E N MAINTENANCE EASEASEMENTOF PUBLIC WORKS FOR FRICO DITCH COMPANY LUCHETTI WCR 49 CORRIDOR PROJECT ' AS URVEY E ING swim SECT. 7, UN, R.54W,, 6th P.M. A. DECHANT 1975Praitira Owl Road PROJECT NO.: ,:-ALz1 1'=1 WCR 49 of cei , Lt. 8111- 1 WELD COUNTY, C� t�.RAC10 3031 1-$56$ DATE: �3/o1/16IDRAWN BY: IASL {ea Q st 2 F� �� , 5" i Hello