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Home My WebLink About20161339.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 , • 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 ) ; • Exhibit D , Form of PE for United Power; • Exhibit E , Form of TCE , and WHEREAS , in an appraisal prepared by Jon Vaughn , Certified Appraiser, the value of the Property to be acquired is established at $ 18 , 800 . 00 , and WHEREAS , said Property is owned by Dechant Farms Partnership , and WHEREAS , negotiations with the Property Owner have included a letter dated May 8 , 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 $20 , 267 . 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 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 . eei ; (66) o'e if - / 6" 2016- 1339 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38- 1 - 101 , C . R . S . , AGAINST DECHANT FARMS PARTNERSHIP 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 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 $20 , 267 . 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 : jelt,o;tista 'Zee �.. Mik : ee in' C at Weld County Clerk to the Board • ) , Sean P . Conway , Pro-Te Ar4;- ' ila ./ks% sa"..sa. fa . rAW/Adrz:iaNs • Deputy Cl‘ rk to he • : ►vf " ` E1) 1 atk - � � lel Juli A . Cozad P ED AST •R V • . f arbara Kirkmey r }t6u n ty = orney Steve Moreno Date of signature : SAO& 2016- 1339 CA0015 si Tarp FRoTo EXH JE ( T -_- I i i . . 1 , 4 4 r f,` [ J ` t .1i '.3T ��rr► Mtw61, Rm. Tai .mow..~ . . Tr .- rrnwow. o � IS I ;i — c 0 1 I „ , It ".7 i .. 45.-4%-td jib 1 ,, T+ Ni '' _ • ib _• # .1 ` 20' PERMANENT EASEMENT ACQUIRED ; . 30, 400. 95 sf. OR 0. 70 ac. ± r c -__ ` 41 .1 iP . f P _ 1 ,Ir1 ` t I It { i 1 _ DECHANT FARMS r � f � PARTNERSHIP II s SSE Il . } j i '� r • S24-17. . 50' i; SW I/4 i 519-T2N-R64W ' TAj[� f/{ I.�!�R�[ S in_ : :fa { * . RIGHT OF WAY ACQUIRED t i 28, 439 sf, OR 0.653 ac.± D I ak I ■ N I , 20 TEMPORARY EASEMENT ACQUIRED ANADARKO 2, 622 sf. OR 1 . 208 a c, ± ii cy 1 io 1 yr. ) \ 1 c rf �� `, �' / DECHAT '. i a FARNPIS ".. ' �9 r f w s.v� 1 1 ,\ . N. t ? I ra c-• - - 1 I gin ti25161339 EXHIBIT-A 6•-lrli Cat T FARMa—faa PROPERTY DESCRipTUCiN A parcel of land being a portion of Lot B. Recorded Exemption No. 1305-19-3 RE-4004, recorded March 18, 2005 as Reception No. 3269793 of the records of the Weld County Clark and Recorder and a portion of an un—plotted portion of the Southwest Quarter (SW1/4) of Section Nineteen (19), located in Township Two North (T.2N.), 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 of the West Quarter (WI/4) corner of egad Section 19 and assuming the West line of the Southwest Quarter (SWI/4) of saki Section 19, being monurnentclized by a #6 rebar with a 3 X" diameter aluminum cop stamped 1.S23027, 2000" at the North end and by a #8 rebar with o 3 i " dkuneter aluminum cap stamped 1523520, 2002" at the South end, as bearing South. 01'03'48" East. being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2630.05 feet, with ail other bearings contained harsh relative thereto: THENCE North 8915'09" East along the North line of the Southwest Quarter (SWi/4) of sold Section 19 a distance of 30.00 feet to the East Right—of—Way line of Weld County Road No. 49, sold East Right—of—Way line of Weld County Road No, 49 being Thirty (30) feet, as. measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of sold Section 19, sold point being the POINT OF BEGINNING; THENCE continuing North 8915'09" East Bong the North line of the Southwest Quarter (SW1/4) of sold Section 19 a distance of 10.00 feet to the Northwest corner of said Recorded Exemption No. 1305-19-3 RE-4004; THENCE South 0r03`48" East along the West line of sold Recorded Exemption No. 1305-19-3 RE-4004. sold West the of Recorded Exemption No. 1305-19-3 RE-4004 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 19, a distance of 2530.22 feet; THENCE South 45'47'07" East a distance of 99.12 feet to the North Right—of—Way line of Weld County Road No. 18, said North Right—of- Way line of Weld County Rood No. 18 being Thirty (30) feet, as measured at a right angle, North of and parallel with the South line of the Southwest Quarter (SW1/4) of sold Section 19; THENCE South 89'21.45►" West along said North Right—of—Way line of Weld County Road Ho. i8 a distance of 79.75 feet to said East Right—of—Way line of Weld County Rood No. 49; THENCE North 01'03'48" West along sold East Right—of—Way line of Weld County Road No. 49 o distance of 2600.11 feet to the POINT OF BE( NNiNG. Said parcel of land contains 28,439 sq. ft. or 0.653 acre, more or less (d;), 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 NO, 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Thirty (30) feet AND the East Seventy—nine and Seventy—five Hundredths (79.75) feet of the West One Hundred Nine and Seventy—five Hundredths (109.75) feet of the South Thirty (30) feet, both of the Southwest Quarter (SW1/4) of said Section 19. Said existing Right—of—way contains 81.295 sq, ft. or 1,866 acres, more or less (#), and may be subject to any riots—of—way or other easements of record or as now existing within said described existing Right—of—way. ..:" 'a4 1 P -, 11 •w40 fir ' •� 0 V 1rle • an :, 3810E : !ff p� ",rf ° I 1 40P + b d•Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY rddrifIstA :. WELD COUNTY NT �. ACQUISITION s OF PCTILI WCR 49 CORRIDOR PROJECT R TWRF.N WCR(s) It & 20 -- DLCHAN"T' FARMS WCR 49 KINK; SUR1'EYORS ROJECT NO: SRP-26 y" ► EN/A WELD COUNTY, COLORADO630E csr<tcl, run dicker,r tS" or,enlortdo Kussu ` -__ • �!I!J} 6R6-.sill I j snail into k,94un`cruty.co SY r a T EXHIBIT-A w 1/4 519-T2N-R64W FD E6 RB W4/ 3.25" AC STAMPED LS 23027 2000 i L1 IN MON. BOX L2 POINT OF COMMENCMENT THOMAS & MARY CROGHAIW i POINT OF BEGINNING -1-- 30' EXISTING RIGHT-OF-WAY ' 40' EXISTING RIGHT-OF--WAY (BOOK 1055 PAGE 192) Si • 10' RIGHT-OF-WAY THOMAS & DECHANT FARMS MARYit PARTNERSHIP CROGHAN i PARC.#130519300035 1930003 5 1 g RECP.#2550619 According to Colorado raw rou must co ADDITIONAL RIGHT—OF—WAY commence any legal action based upon any defect In this survey withini=`y ACQUIRED 2$,439sf.t three via after you flrst diecovar 50' EXISTING RIGHT—OF—WAY i p OR O.653ac.± such delect. In no flit any action bond upon my defect in this (REC. NO. 4036225) icri 50' PIPELINE EASEMENT survey be commenced more than ten _ — — yeas tram the date of the _ :_ TO PANHANDLE EASTERN certification shown hereon. PIPELINE COMPANY (93-eo—tics C.RS. zQtz) I s3. is (REC. NO. 1819456) NOTE: This exhibit drawing is not I C'> M. intended to be o mm anentatktsd 100' EXISTING RIGHT—OF—WAY r . re 0 land survey. see sole purpose is as a graphic representation to old (REC. NO. 4O36225) H 6 p SW 1/4 in the visualisation of the writt m ID property description which it 1 U. Lti S19-T2N-R64W accompanies. The written property I O leo description supersedes the exhibit drawing. ANADARKO E&P I ,r pin ONSHORE, LLC m SE 1/4 30' PIPELINE EASEMENT 524-T2N-R6SW o —,--TO KER --MCGEE HNG LLC (REC. NO. 37637O3GATERI} as i N 1 30` EXISTING i �, RIGHT-Or-WAY- LINE TABLE R ACCEPTED ROAD I DEC HA " VIEWERS' REPORT LINE BEARING LENGTH I P FARMS (BOOK 658, PAGE 79) I a , PAR NERSFIIP ca diL1 N89'15'09"E 30.00' - _ L2 N89'15'09"E 10.00' - - Sw COR S1$-�T2N-R64w �. . ...�. L3 545'47'O7"E 99.12' FND r6 RB W/ 3.25" AC STAMPED LS 23520 2002 L4 S89'21'45"W 79.75' IN MON. BOX -- w : - - -- s -- - - -- - RIGHT OF WAY ,ri,,e WELD COUNTY DEPARTMENT ACQUISITION 4 O PUBLIC_W( RIGS + tklik, . • I WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 18 & 20 DECHANT FANS KING SURVEYORS PROJECT NO: SRP-26 SCALE:1' =400' WCR 49 650 E.Cudra O61O I Windsor,Colorado$U9.iti — k -- --" { WELD COUNTY, COLORADO pi,;„,; (97Th 06-5Ult i rnSoiEin(i✓Ir )"gSuniynnn,m DATE: 2-25-15 DRAWN BY: CDL SHEET: 2 oft EXHIBIT-B firDECHANT FARMS—ICE PROPERTY DE$CRIPTHON A strip I land, Twenty (20) feet in width, being part of Lots B and C, Recorded Exemption No. 1305-19-3 RE-4004, recorded March 18, 2005 as Reception No. 3269793 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Nineteen (19), Township Two North (T.2N.), 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 West Quarter (W1/4) corner of sold Section 19 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 19, being monumentaiized by a #6 rebar with a 3 %" diameter aluminum cap stamped 1.S23027, 2000" at the North end and by a $16 rebar with a 3 W" diameter aluminum cap stamped `tS23520, 2002" at the South end. as bearing South 01'03'4B" East, being o' Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2630.05 feet, with oil other bearings contained herein relative thereto: THENCE North 89'15'09" East along the North line of the Southwest Quarter (SW1/4) of said Section 19 a distance of 40.00 feet to the Northwest corner of said Recorded Exemption No. 1305-19-3 RE-4004, said point being the POINT OF BEGINNING; THENCE South 01'03'48" East along the West line of said Recorded Exemption Na. 1305-19.3 RE-4004, said West line of Recorded Exemption No. 1305-19-3 RE-4004 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 19. a distance of 2530.22 feet; THENCE South 45'47'07" East a distance of 99.12 feet to the North Right—of—Way line of Weld County Road No, 18, said North Right—of—Way line of Weld County Road No. 18 being Thirty (30) feet, as measured at a right angle, North of and parallel with the South line of the Southwest Quarter (SW1/4) of said Section 19; THENCE North 8921'45" East along said North Right—of—Way line of Weld County Road No. 18 a distance of 28.36 feet; THENCE North 4547'07" West a distance of 111.00 feet to a point being Twenty (20) feet, as measured at a right angle. East of the West line of said Recorded Exemption No. 1305-19-3 RE-4O04; THENCE North 01'03'48" West along a line being Twenty (20) feet, as measured at a right angle. East of and parallel with the West line of said Recorded Exemption No. 1305-19-3 RE-4004 a distance of 2521.88 feet to the North line of the Southwest Quarter (SW1/4) of said Section 19, also being the North line of said Lot C; THENCE South 89'15'09" West along the North line of the Southwest Quarter (SW1/4) of sold Section 19, also being along the North line of said Lot C, a distance of 20.00 feet to the POINT OF BEGINNING. Said strip of land contains 52,622 sq. ft. or 1.208 acres, more ar less (±), and may be subject to any rights-of—way or other easements of record or as now existing on said described strip of land. Y• • • • • M 417 38106 > of 1#'>*01/4e.ic2 sir 41 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 J TEMPORARY EASEMENT .,, m: ' ' WELD ?2,'Upnyine NT ACQUISITIONCID WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)-18 20 DECHANT FARMS WCR 49 KING SURVEYORS PROJECT NO: Site-Zf► CALE:N/A h WELD COUNTY, COLORADO nice F,r,� fa n�ttVEltoc, c�;�r S 413501370)GRtr5011 cmaJ:info@EvngStincsnrs.usm DATF: 2 .S fl • clipcT. t ftI we I • ■ B 1- * • 4W FND #6 R8 W/ 3.25" AC STAMPED LS 23027 2000 IN MON. BOX L1 POINT OF COMMENCMENT UL3 THOMAS & MARY CROGHAN , i POINT OF BEGINNING i i i i "I-� 30' EXISTING RIGHT-OF-WAY 40' EXISTING RIGHT-OF-WAY (BOOK 1055 PAGE 192) h`I 10' THOMAS & ii DECHANT FARMS MARY I o PARTNERSHIP CROGHAN i 'i PARC,#130519300035 i ma. 1 .1 I RECP.#2550619 Aocolding to Colorado taw you must commence any legal action based upon any defect in this survey within ADDITIONAL RIGHT—OF—WAY three �e Ors after yoia firs:laps; i 4 ACQUIRED suctr detect. in no Gwent 5(? EXISTING RIGHT—OF—WAY action based upon any defect in this (REC. NO. 4036225) , survey be commended more than ten . M. 1 50' PIPELINE EASEMENT ' the certification etia h ` AN* -- TO PANHANDLE EASTERN �a�aQ-tai CAS. 2012) . t PIPELINE COMPANY i - (REC. NO. 1819456) NOTE: 'this exhibit drawing is not intended to he a monumentaitzed ' fond surety it's sole purpose is 10tY EXISTING RIGHT- OF -WAY cv as d graphic representation to aid (REC. NO. 4036225) < N 20' TEMPORARY EASEMENT ACQUIRED in the YituiaiiYotlon of the written property description which It I 52,622sf. # OR 1.206oc.t occompaokn. , The written property i prel deecription euparaades the exhibit drawlnp vyto SW T/4 ANADARKO E&P I II p S19-T2N-R64W ONSHORE, LLC m • i a t 1.4.1th SE 1/4 tin 30' PIPELINE EASEMENT LINE TABLES24-TZw-R6SW o TO KERR—MCGEE GATHERING LLC o (REC. NO. 3763703) Ei BEARING a `v 30' EXISTING w RIGHT—OF—WAY El N$9"t5id9"E 30.Ob' laiil -- ACCEPTED ROAD . " f,,y DCC�-IA VIEWERS' REPORT N8Ell915 09 E 10,00 i _ i FARMS : (BOOK 658, PAGE 79) IIIN8915'09"E 20.00' i To eAItTNE)t51 P MIS45'47'07"E 111 .00' ..�.. _L5_ '...°_ '.I an-. SW COR S19—T2N—R64W Ell s69'21'45"W 28.36' END #66 RB W/ 3.25" AC L6 N45'47'07'"W 99.12' STAMPED LS 23520 2002 IN fulON. 80 TEMPORARY EASEMENT 14 at. WELD CbVly[jy3gtgWTMKNT ACQUISITION E c U .: \ '` . MICR 49 CORRIDOR PROJECT DECHANT FARMS , TT ,� ; ;1; Welt 49 KING SURVEYORS p. - . WELD COUNTY, COLORADO ,oge-cracaca Mk c . t�'iadsoc,Co bath)aaiJU EXHIBIT-C SW 1 /4 S19-T2N-R04W PERMANENT EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED RLED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2550619 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 20.00' OF' THE WESTERLY 60.Oot OF THE NORTHERLY 1520.©0` OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 19. SAID PARCEL CONTAINS 30,400.95 sf. OR 0.70 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 20' PERMANENT EASEMENT 1 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION PE-6 - ' 'I �` ' ` - WCR 49 CORRIDOR PROJECT _ BETWEEN WCR 18 & 20 DECHANT FARMS PROJECT NO: SRP-26 SCALE: 12— , COUNTY WELD COUNTY, COLORADO DATE: 9-30-15 DRAWN BY: I I II.HEFT: 1 of 2 EXHIBIT-C SW 1/4 319-T2N-R64W i W 1 /4 COR S19--T2N-R64W FND 3 1/4" ALUM. CAP l 1 STAMPED LS#23027 2000 CROCJH 10%; ill a r i 320' PERMANENT EASEMENTc�c ACQUIRED 0 400.95 sf. OR 0.7 f 0 . I r r t i0 C'l XitIAN 1eNi DECHANT FARMS PARTNERSHIP PARCEL # (30519300035 di -20' RECP.# 2550619 St t 4 2I t2N •Ros.t - rJt i 6t] r r .lit ; 4 I SP) RA R0-11; - t II ' -.- wcK7i : : - : .+..�....... .... r 1 � 1 Ir 1 r � I r !b K SW COR S19—T2N—R64W t DLCFIANT FNO 3 1/4" ALUM. CAP 1 1 I FARMS STAMPED LS#23520 2002 I y , ARTNERSIIIP w n -WO OW •NIASOSSOM. OM •00 NOTE; THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I t IT IS INTENDED TO ILLUSTRATE THE ATTACHED r 1 PROPERTY DESCRIPTION ONLY. 2Q" PERMANENT EASEMENT WELD COUNTY DEPARTMENT >< 1 OF PUBLIC WORKS ACQUISITION PE 6 ' _ fr , _' r . = II WCR 49 CORRIDOR PROJECT `- BETWEEN WCR 18 & 20 DECHANT FARMS l ,�,, w. I - PROJECT NO: SRP-26 SCALE: 1"=400` WELD COUNTY, COLORADO DATE: 9-30-15 DRAWN BY: MU I SHEET'? oft Exhibit D RECORDING INFORMATION ABOVE RAW # 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 B 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 eYer ACA of the Grantee' s rights hereunder against srnv 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 [COUNTY] ) W/O # Map No.: Part of Section , Township , Range , Ern P.M., County of , State of Colorado I, , a Notary Public for said County and State, do hereby certify 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 11 inn rtnyie;cc* n Jvrtirac• 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 Dechant Farms Partnership, 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/1OO ($ 10.00) and other good and valuable rnncirlaratinn the receipt anrd ciifficiPnry 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. Hello