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Home My WebLink About20161343.tiff RESOLUTION RE : AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38 -1 -101 , C . R. S . , AGAINST SCOTT 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 ) ; • Exhibit C , Legal Description of Temporary Construction Easement (TCE ) ; • Exhibit D , Form of PE ; • 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 $41 , 150 . 00 , and WHEREAS , said Property is owned by Scott Dechant , and WHEREAS , negotiations with the Property Owner have included letter dated May 6 , 2015 , from James A. Coffey , Briggs Field Services , Inc . , to the property owner, titled " Notice of Intent to Acquire Property and Authority to Obtain Appraisal " ; further correspondence occurred by phone calls , letters , emails , and in person meetings between Leon Sievers and Tiffane Johnson of the Weld County Department of Public Works and the principles for the Property Owner, and WHEREAS , Weld County has made a final offer to purchase the Property on March 8 , 2016 , for the compensation amount of $46 , 464 . 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 . tO : eAet 65C ) i.- 4- ., / 6 2016- 1343 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38- 1 - 101 , C . R . S . , AGAINST SCOTT 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 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 $46 , 464 . 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 : yyCcLit) ` e1 Anths- Mike Fryman hair Weld Co ty Clerk to the Board �-tat ..,,�, 4 � . Sean P . Conway , Pro-Tem BY : Deputy CI Jk to the : ? . ,hr, ` • , soups Ito k � '� ,w ulie A. Cozad -- APP O D AS ! r tr . A, � ( \\ arbara Kirkme er fictejL— assiossir - ..ierztaase, rfrisd7 ounty /attorney Steve Moreno Date of signature : LgZ4/40, 2016- 1343 CA0015 ?anti ik2•5 PHOTO EXHIBIT . . . .. - - . • rot: ,St * NW CORNER ' � ittTT - /f- ,- 1 e i S3tD�-T3N-R64W ' ` f AI 9 J . i 0 . , _ ' t I I 4 FARMS; LLLP — _ ,4 P. - . . ,' 1 c ij11� - i lf . . i • '. Fn.'. : .: i11 aA+k _ MIS - I . i_ +i -A -� - ti F . 2d' PERMANENT EASEMENT, ,{ 1 ,52 818s1 ± ©R 1,213cc. ± , I r tli Ilhit120' TEMPORARY EASEMENT, i I 62.616 f.t OR 1.213ac.t t %Ilk . . ia . mom% __ •. r I ,- .4 _ . r lJ ii I �. 1 R: S { d. i r 1 », ,� � -y 3 • __ — -_ - - ' tS l >,- EP - {f, 3O A{ D$1JONAL RIGHT-OF-WAY' j r t 79,231s^f.± OR 1.819oc.± I SCOTT DECHANT 1 •� • ' _ i 4. 1 S30,-T3N-Rb4W 11 le 400 iii.. 1 :4 I I i ' _41i 40I' EXISTING RJG H -WA' • (BOOK1046 PAGE 38)(Sn SWZ); , i . r :. (BOOK 1046 PAGE 12)(NWY4 SWJ4) i . I Ifs • 30' EXISTING RIGHT-OF-W M (BOOK 86 PAGE 273) # = i _ _ _ -i' _mow , I, _ r :W - _ y�� y , 1. ' SW CORNER °; 530-T3N-RS4W I M . . 1 I - 4tr t. . WELD COUNTY DEPA.RTNT PHOTO EXHIBIT ea P.:440P.:440XH OF PUBLIC WORKS zs •.> ►illi . -• I WCR 49 CORRIDOR PROJECT k. BETWEEN WCR(s) 28 & 30 SCOTT DECHANT KING SURVEYORS PROJECT NO: SRP-2b 1[SCALE:i" soo` WCR 49 650 E,Orden Dave I Windsor.Colorado 80550 WELL? COUNTY, COLORADO mini*: (570) 686-5©11 y mail: h;@King5o rs.cons DATE: 4-24-15 DRAWN BY: COL SHEET: I of I 2016-1343 EXHIBIT-A 25-acOTT DECHANT—ROW PROPERTY DESCRIPTION A strip of land. Thirty (3O) feet in width, being part of the Southwest Quarter (SW1/4) of Section Thirty (3O), 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: The East Thirty (30) feet of the West Seventy (7O) feet of the Southwest Quarter (SW1/4) of said Section 3O. • Said strip of land contains 79,231 sq. ft. or 1.619 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 strip of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Forty (4O) feet of the Southwest Quarter (SW1 /4) of said Section 30. Said existing Right—of—way contains 105,648 sq. ft. or 2.425 acres, more or less (t). and may be subject to any rights-of—way or other easements of record or as now existing within said described existing Right--of---way. • • 1 1 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .� �, WELD COUNTY DEPARTMENT ACQUISITION ( � Fitr OF PUBLIC WORKS Rw-25 ►"t . WCR 49 CORRIDOR PROJECT . . . BETWEEN WCR(s) 28 &'30 SCOTT DECHANT WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY, COLORADO 650 E.Garden Dave � Windsor,Co3ur�do 60550 Pu ny: (970) 686-soil I e:bt . S, y .Wm DATE: 4-24-15 DRAWN BY: CDL SHEET: 1 of 2 _ . .,.—._ - - -- I • EXHIBIT-A I SW CORNER tIS3O-T3N-R64W . FOUND #6 REBAR WITH 3.25" ALUMINUM CAP NOTE This exhibit drawing Is not Intended to be STAMPED LS 23027, 2O02 a monumentolized land survey. It's sole purpose I IN MONUMENTi BOX Is as a graphic representation to old In the visualization of the written property description which it occcmponies. The written property description supersedes the exhibit drawing. • 1 L2 I b 3' ELECTRIC EASEMENT Piano' z TO COLORADO CENTRAL POWER COMPANY co (BOO 1249 242) According to Colorado low you must commence any cvi CCt q legal action based upon any defect in this survey LW within three years after you first discover such SCOTT IECHANT defect. In no event may any action based upon my !I- defect in this survey be commenced more than ten 0 0 PARC.# 12l SJ00DUUU2 r r,from -eod1105 c.the. certification 'shown N RECP.#3246923 O c z I.... 3O' ADDITIONAL RIGHT—OF—WAY I era; 79,231s.f.* OR 1.819ac.± IV 0 i . WES MOSER, INC - a'. APPROXIMATE LOCATION OF al" sr X' PIPELINE EASEMENT SE 114 N env TO HS GATHERING, LLC sz5-T3H rts5w (REC. NO. 2754764) W it o SW 114 N Es, S30-T3N-R64W 0 [ 1 4O' EXISTING RIGHT-OF-WAY -r (BOOK 1O46 PAGE 38)(SWy SWY4) (BOOK 1O46 PAGE 12)(NWY4 SWY4) 1 3O' LINE TABLE EXISTING E NG (BOOK 86 PAGE 273) I 1 , LINE BEARING LENGTH ' ` _ _ � - ---..-� -- WCR 28 - � L1 S$9'21'4C"W 30.00' L1 . L2 N89'39'22"E 30.00' SW CORNER I . I S30-T3N-R64W I • l _ _FOUND #6 REBAR WITH III 3.25w ALUMINUM CAP STAMPED LS 23027, 2002 i I i IN MONUMENT BOX I . l RIGHT OF WAY ,��■�,�: WELD COUNTY DEPARTMENT ACQUISITIONro OF PUBLIC WORKS W s til WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 28 & 30 SCOTT DECHANT KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=544' WCR 44 657 E,Cat Drive { Windsor,Cobadn 80550 WELD COUNTY, COLORADO ,pliisnr. {470) 626 5611 email infc>�tiu scgSu�oecs.com _ DATE: 4-24-15 DRAWN BY: CDL SHEET: 2 aft 1 EXHIBIT-B 25—SCOTT DECflAjT—PE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being port of the Southwest Quarter (SW1/4) of Section Thirty (30), 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: The East Twenty (20) feet of the West Ninety (90) feet of the Southwest Quarter (SVY1 f4) of said Section 30. Said strip of land contains 52,818 sq. ft. or 1.213 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 strip of land. • ! Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 PERMANENT EASEMENT i, ._ WELD COTJI DEPARTMENT ACQUISITION ra �O OF PI.IBLIC .WORKS PE-25 WCR 49 CORRIDOR PROJECT SCOTT DECHANT BETWEEN WCR(s) 28 & 30 WCR KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WELD COUNTY, COLORADO 650 E. Garden Drive Windsor,Coksndn 805550 mTpheneCfic, 6a6_5°1t I "ma 'nruaxingsulvertiam DATE: 424-15 DRAWN BY: CDL1SHEET: 1 of 2 EXHIBIT-B SW CORNER 53D—T31�—R64W I FOUND #6 REBAR WITH 3.25" ALUMINUM CAP MOTE This exhibit drawing is not intended to be STAMPED LS 23O27, 2002 a monumentdized land survey. It's sole purpose 1 ; IN MONUMENT BOX is as a graphic representation to old in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. 12 I 7 e 3' ELECTRIC EASEMENT NoinmE adz 70 COLORADO MORAL POWER COMPANY N ceri (BOOK 1249 PAGE 242) According to Colorado law you must commence any in4 legal action based upon any defect in this survey CD • SCOTT DECHCANT dewitfect. three years fter you fact discover as such defect. In no event may any action based upon any 3 l� . defect in this survey be commenced mare than ten PARC.#121530000002 3 0000002 years from the date of the certlfic ation shown seN 1 hereon. (13-80-105 C.R.S. 2012) b Q m RECP.#3246923 Q - Z • j 2O' PERMANENT EASEMENT bOsi ., a 52,818s.f.± OR 1.213oc.± Y in u) WES MOSER, INC 0 i ,APPROXIMATE LOCA 710Nr cr t ° 30' PIPELINE EASEM T SE 1/4 i CV TO HS GATHERING, LLC 525-T3ty (REV. Na 2754764) n. l -`r SW 1/4i I� N N S30-T3N•-R64W li © o ft 1 I 4O' EXISTING RIGHT-OF-WAY -.id I- - (BOOK 1O46 PAGE 38)(SWY'. SW%%) 1 (BOOK 1O46 PAGE 12)(NWY SWY,$) 1 . LINE TABLE 3O EXISTING RIGHT--OF-WAY y (ROOK 66 PAGE 273) LINE BEARING LENGTH - . - •' -c- ---_L.1 WCR a - _ _ ' . L1 s89.21'46�w 2O.OO' L2 N89'39'22"E 2O.OO' SW CORNER •• S3O-T3N-R64W • t FOUND #6 REBAR WiTH II3.25" ALUMINUM CAP , STAMPED LS 23O27, 2OO2 I i IN MONUMENT BOX i . i --- _ Y Mar; PERMANENT EASEMENT ,,� : WELD COUNTY DEPARTMENT ACQUISITION O a 0;0 OF PUBLIC WOR,�I S \� ► WCR 49 CORRIDOR PROJECT PE-25 BETWEEN WCR(s) 28 & 30 SCOTT DECHANT , KING SURVEYORS PROJECT NO: SRP-26 1 SCALE: 1 "=500' WCR 49 G5 �cdcn Drive I Windsor,Colorado 80550 WELD COUNTY C0L©RAD0 phonet7 E Garden(970) 686-lot I ! emn.t info@Kineuneyors.com DATE: 4-24-15 BY: CDL LDRAWN SHEET: 2 of 2 I EXHIBIT- C 25-SCOTT PECHANT TCc PROPEI!TX DESCRIPTION. A strip of land, Twenty (20) feet in width, being port of the Southwest Quarter (SW1/4) of Section Thirty (30), 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: The East Twenty (20) feet of the West Ninety (90) feet of the Southwest Quarter (SW1/4) of said Section 30. Said strip of land contains 52,818 sq. ft. or 1.213 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 strip of land. Michael Chad Dilke — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 • eleira A'eb�- I WELD COUNTY DEPARTMENT TEMPORARY EASEMENT ACQUISITION 4#111 0510 f _ OF PUBLIC WORKS TE 25 WCR 49 CORRIDOR PROJECT .: - BETWEEN WCR s 28 & 30 SCOTT DECHANT KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A WCR 49 650 E,Gavial Dull' t Windsor;Colorado 80550 WELD COUNTY, COLORADO ph'"Ici (17aj684-5011 I "nib iafu@ifia cun'eyors.com DATE: 4-24-15 DRAWN BY: CDL SHEET: I oft EXHIBIT-C SW CORNER . S30--T3N--R6 4W • 11 FOUND #6 REBAR WITH . 3.25" ALUMINUM CAP NOTE: This exhibit drawing is not intended to be ! STAMPED LS 23027, 2002 a monumentolized land survey. it's sole purpose I IN MONUMENT BOX Is as a graphic representation to old in the 1 visualization of the mitten property description which it cccompan€es. The written property i • description supersedes the exhibit drawbhg. i 2 i • b - 3' ELECTRIC EASEMENT NOBLE i TO COLORADO CENTRAL POWER COMPANY a0 According to Colorado low N ii (BOOK 1249 PAGE" 242) you must commence any 1 to Ed legal action based upon ony defect in this survey m within three years after you first discover such SCOTT LIECHANT defect. In no event may any action based upon any defect in this survey be commenced more than ten O ° l' PARC.# I L. 1530040002 from the date of the certification ahawrn `t' LO t hereon. (13-50-105 C.R.S. 2012) , t N Q RECP.#3246923 v ' Z 20' TEMPORARY EASEMENT , ;zit's) 52,818s.f.f OR 1.213ao. N. i ui �n WES MOSER, INC S. C° APPROAIMA 11 LOCATION OF I 3Q' PIPELINE EASEMENT SE 114 LO I c`°,i TO HS GATHERING, LLC 525-T3N-R65w (REC. NO. 2754764) W SW 1/4 t M N S30-T3N-R64W O 8 $: ztn t 40' EXISTING RIGHT-OF-WAY -41 (BOOK 1046 PAGE 38)(SWY4 SW)4) (BOOK 1046 PAGE 12)(NWY4 SWY4) _. . I ' l 30' EXISTING RIGHT-Cf-WAY LINE TABLE l , (BOOK 86 PAGE 273) LINE BEARING LENGTH • - Ll j RCR 28 _ �. dais ` r Li S8921146*W 20.00' . L2 N89"39'22'E 20.00' SW CORNER I . 1 S30-T3N--R64W I • t FOUND #6 REBAR WITH ' 3.25" ALUMINUM CAP STAMPED LS 23027, 2002 t l IN MONUMENT BOX I . i � . cs �_ ` TEMPORARY EASEMENT g�.►� I WELD COUNTY DEPARTNIENT ACQUISITION 0. �-a rA r - i OF PUBLIC WORKS TE-z5 > WCP 49 ORRIDOR PROJECT • BETWEEN WCR(s) 28 & 30 SCOTT DECHANT DING SURVEYORS j PROJECT NO: SRP-26 SCALE: I "=5W W CR 49 450 E. Garden Darr I Windsor.Cabo&80550 I ._ WELD COUNTY, COLORADO �Plioni (IN t 686.5011 I cmaa in � "°gE4Ine'° "°'n 1 DATE: 4-24-15 DRAWN BY: CDL SHEET: 2 of 2 [ hibit D RECORDING INFORMATION ABOVE RAN # 25 C:RANT (ite EASEMENT Scott Dechant, GRANTOR (whether one or more), whose address is 13330 Weld County Road 49, Hudson, Colorado 80642, 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 he 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 "A" 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 w 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. Fach and every one of the benefits and burdens of this Grant of Fasement shall run with the land and shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. The rights of Grantee hereunder may be exercised by its employees, licensees, contractors and permitees. 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 he 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 he binding on any of the parties with respect to the subject matter of this Grant of Easement. W/O # Map No,: Part of Section SW 1/4 30, Township 3N, Range 64W, 6`h P.M., County of Weld, State of Colorado SIGNED AND SEALED BY GRANTOR this day of _ , 20 . GRANTOR: BY: 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 if Map No.: Part of Section SW 1/4 30, Township 3N, Range 64W, 6th P.M., County of Weld, State of Colorado EXHIBIT E THIS TEMPORARY CONSTRUCTION EASEMENT, effective upon execution by all parties, is made between 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. Hello