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Home My WebLink About20161342.tiff RESOLUTION RE : AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38 -1 -101 , C . R. S . , AGAINST ALVIN DECHANT AND DONNA 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 ) ; • 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 $7 , 150 . 00 , and WHEREAS , said Property is owned by Alvin Dechant and Donna Dechant , and WHEREAS , negotiations with the Property Owners have included letter dated May 6 , 2015 , from James A . Coffey , Briggs Field Services , Inc. , to the property owner, titled " Notice of Intent to Acquire Property and Authority to Obtain Appraisal " ; further correspondence occurred by phone calls , letters , emails , and in person meetings between Leon Sievers and Tiffane Johnson of the Weld County Department of Public Works and the principles for the Property Owner, and WHEREAS , the Parties entered into a Possession and Use Agreement on December 7 , 2015 , which granted Weld County immediate possession of the property , and WHEREAS , Weld County has made a final offer to purchase the Property on March 8 , 2016 , for the compensation amount of $20 , 000 . 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 . et ' . G ( 13c) 2016- 1342 Ifr46 CA0015 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN , PURSUANT TO SECTION 38- 1 - 101 , C . R . S . , AGAINST ALVIN DECHANT AND DONNA 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 and Donna 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 $20 , 000 . 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 : ttiMA:Sig lit, 1 '� Mike Freeman , Chair Weld County Clerk to the Boastolgrows% issar-aftnai-.) "'DN/7 a.,, Av y ' - * S, ,,, ,1, Sean P . Conway , Pro-Tern BY . iii.a.s...aSseles I Deputy CI :1k to the : �� . : �� ;` "::. � 4ubJ 1 Jul ' A. Cozad s ?wow • p Nie . " . jaAPP ED - O . • RM .'` /1 r . ��= �� -." � : . rbar Kirkmeyer. .••A'Co n 'Attorn �- &(111-44.-/' A " nZte, z-se.t.-ir Steve Moreno Date of signatu re : `54-049 2016- 1342 CA0015 Tètrc*J q . . . ._ w .. PHOTO EXHIBIT ,.. • N. °� ,ENE CORNER- - - -"Ow14,: y S12-T2N—Rfi5W , - • I Metes • • iM{n� oil � .....v' '�Y�.. Itr as �Ilit1Y�� as:�` = .+M ..r.r+r -. ..zetimaplip, al • iia- ll - ilk tow '• ' • •'\4.4 _ ! • 'X11! '' ` 4 ` •it., t 1F,irk ,•} �.1_. t' it , l>. _ ♦♦♦ , —_ • _'i 7 a it act E y1'- t'.Ilk T,— ; a R ri•�.a`y - _ 'is ♦ _ e & _ r ` F _ le; - _ - le a • EXISTING RIGHT-OF -WAY .. ' ' L 1 1 t . Ali 1 - ✓ 741} '_. t zt#Y. �} 1 :E; ' . I (BOOK 1046 PAGE 4) -; �t . _ - _ _1 DECHANT.LC11 `!r� • r t-.' 11-. •6 * `"11- t '4._+ I�`,,//y� • s a- ... , �� a 5• Ii On �� r'If y� Rr, 1 y ,• • 1 ♦ - _�� > � _ -•r r • 1 • i r. 11• i• �p s '�pp • I 1" t- �' } @ ;silt yt 4,R 1'+r L r - •Y .,r t a .1 _ _ _, —'+^Le "i.-T ` Y'k y �ile r`7'- I'll., t S.ti I , -hirlir,8 cl‘filli • • •• 1.• Y 1 I r v PIONEER COMMUNITIES I - ' • - ION 'i` ' ' '4 - a 10 I HOLDINGS LLC 44.► .+ ,� ' t . ' ' '9 . le ti ; I 1 31.•. ADDITIONAL RIGHT---OF-WAY - # - - ` 4,. _ -. 102,576st.t OR 2.355oc. 1• It - 'I • f• I - l_ ►� 20 TEMPORARY EASEMENT i• �: / i1; . . . 52.999s1.± OR 1.217ac.t `a'` - -�` i !r -. r i661 �> 3 1y"r —f h I. 1 ' I. �• F NW 1/4 T L k~ , S12-T2N-RGSW `cA,r y" •re • • _ _ _�. - r - yw�. � 'l • S7-T2N-R64W d / r, e '-" � r� i tt _ yl - .cep ,. It •1 "At i IL." f_ s- a 1(• - - , - .rr-. *a • L.-. =- W - t I ` .•4, ' -r }• �. ' 1rY. 1. • W !` '43'•`l ,,: � L • 1- . :• _!- l IV*�: i - S 4! . .' 1. IfT,'', , ' t - r .r 1 a 1_i - I h •'` ,Vic. , ' ` r ." , •. •. p .A ,' 1 1 �i. _ y,✓1- `,- - , , t',.,.4 jl '-. J ., _s• . • . - z. jjill• g ~ > . d* 3 inn''+' .F. . , I �. t`I , y a, t , GREI�1d11., AI; ACRES, I.LC •-thi'� ^I�, ry_> o . , � 44. 1 _ ,p I • • E 1 /4 CORNER •�• . ' r • - ` ' 512—T2N -R65W ` ,- ` - F I i, - 4 , ' `i+-M .v - •_ � s_ 4 , . „it. f it • � +_ � -' - Al -1 r • t�.. '?t►i. — .+� a•'' . r , — -° '7 ',y ( - 1•( �.I'�l� :r iieCl= !Yl i •� ?.,-. -•.aj _v '.' .. r. • I ?y- �/ 1 ! 3• - - 4 ^.. !:j'. e1 _ 14•ty f1'. -✓.. eapares . •- ,1 Mt. .. WELD COUNTY DEPARTMENT PHOTO EXHIBIT I OF PUBLIC WORKS 0 I M.l NI VCR 49 CORRIDOR PROJECT - BETWEEN WCR(s) 22 &_24 DECHANT WCR 49 KING SURVEYORS R0JECT NO: SRP-26 SCALE: 1"-- 400' W EI,t� COUNTY' COLORADO Oil)E.C'ncden Drive I Windsor,(-Womb$05x1 �I,1,,,e„. l�7try btt4-SUt1 ( cmait enfcs! [: wncy'ace.coio F4TE: 3-132_45 DRAWN BY: COL SHEET: 1of 1 _ A. 2016-1342 EXHIB1T-A 14—DECHANT—ROW pROPERTt DESCRIPTION A parcel of land being port of that parcel of land described in that Corrective Warranty Deed recorded January 22. 2003 as Reception No. 3025683 of the records of the Weld County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Twelve (12), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING of the East Quarter (E1/4) corner of said Section 12 and assuming the Lost line of the Northeast Quarter (NEi/4) of sold Section- 12, being monumentailzed by o #6 rebor with a 3 %" diameter aluminum cap stamped 1.523520, 2002" of the South end and by a #6 rebar with a 3 34" diameter aluminum cap stomped 1513155, 1999" at the North end, os bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.88 feet, with oil other bearings contained herein relative thereto: THENCE North 89'01'16' West along the South line of the Northeast Quarter (NE1/4) of sold.. Section 12 a distance of 40.01 feet to the West Right—of- way line of Weld 'County Road No. 49, acid West Right—of—way line being Forty (40) feet, as measured at o right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of sold Section 12; THENCE continuing North 89'f11'16" West along the South line of the Northeast Quarter (NE1/4) of sold Section 12 a distance of 50.02 feet to a point being Fifty (50) feet, os measured at o right angle, West of said West Right—of—way line; THENCE North 00`30'30" West along a line being Fifty (50) feet, as measured at a right angle. West of and parallel with said West Right—of—way line a distance of 3.18 feet to the Southerly line of that parcel of land described In said Corrective Warranty Deed, said point being the POINT OF BEGINNING; THENCE continuing North 00'30'30" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with sold West Right—of—way line a distance of 580.76 feet; THENCE North 89`29'30" East o distance of 20.00 feet to o point being Thirty (30) feet, as measured of a right angle, West of said Weet Right—of—way line; '€HENCE North 00'30'30" West along a line being Thirty (30) feet, as measured at a right angle, West of and parallel with said Weat Right—of—way line a distance of 1300.00 feet; THENCE South 89'29'30" West a distance of 20.00 feet to o point being Fifty (50) feet, as measured at a right angle, West of gold West Right—of—way line: THENCE North 00'30'30" West along a line being Fifty (50) feet. as measured at a right angle, West of and parallel with sold West Right—of—way line a distance of 157.36 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 572,09 feet to the North line of the Northeast Quarter (NE1/4) of sold Section 12, said curve having a radius of 15790.00 feet, a central angle of 02'04'33" and a long chord bearing North 00'31'46" East o distance of 572,06 feet; THENCE South 88'23'42" East along the North line of the Northeast Quarter (NE1/4) of sold Section 12 a distance of 39,66 feet to sold Westerly Right—of--way line; THENCE South 00'30'30" East along sold Westerly Right—of—way line a distance of 2611.69 feet to the Southerly line of that parcel of land described to said Corrective Warranty Deed; THENCE North 86'59'53" West along the Southerly line of that parcel of land described in said Corrective Warranty Deed a distance of 50.09 feet to the POINT OF BEGINNING. Sold parcel of land contains 102,578 sq. ft. or 2.355 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 (and. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD N0. 49. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feat of the Northeast Quarter (NE1/4) of said Section 12 lying Northerly of the Southerly line of that parcel of land described €n sold Corrective Warranty Deed. Sold existing Right—of—way contains 104.497 eq. ft. or 2.399 acres, more or less (±), 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. N"0 is •� • 4 bitf 38106 $ • 1 �`s Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY ._ , ,s: . WELD COUNTY DEPARTMENT 40 ,+ " OF PUBLIC WORKS ACQUISITION iiinh WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 22 & 24 DECHANT turn 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Gardrn Drive l Windsor,Colorado 80550 WELD COUNTY, COLORADO pho:tc:("Ili 686.3°71 I emus infr4%lanrfSun-cyortrum • DATE: 34345 },DRAWN BY; CDL SHEET: I of 2 a #_ __se a _ __ EXHIBIT—A _ -- I 1 .. , , Now1 i • _. According to Colorado low you must commence any legal action boxed upon any defect in this . ..,. _ --- survey within three years after you first discover ._ .. _, such defect. In no event may any action based �_ ��' "" ' y upon any defect h1 this survey be commenced 30' RIGHT—OF--WAY more than ten years from the dote of the (BOOK 86. PAGE 273) NE CORNER certification shown hereon. (13-80-105 C.R.S. , S12—T2N—R65W 2012) i FND #6 REBAR WITH s,„,, 3.25' ALUMINUM CAP 150' £LfCTR1C £ASENJ 6STAMPED #.S 13155 1999 ' • IN MON, BOX TOPUBLIC .2fRV1C`£ COMPANY OF COLORADO f •— (BOOK 1645 PAGE 576) - NOTE: This exhibit drawing le not intended to be /. N a monumentolized land survey. it's sole purpose 4 Is as a graphic representation to aid in the ` W visualization of the written property description 191.6' COMMUNICATION EASEMENT - . C which it accompanies. The written property TO PtIBUC SERVICE . ' re) description supersedes the exhibit drawing, COMPANY ! ' COLORADO to _ 0 (R£C, Na 1743861) --I sr • a x o L5 < fn N E 1/4 LINE TABLE S12-12N-R65Wu 40' EXISTING RIGHT-OF-WAY : I LINE BEARING LENGTH (BOOK 1046 PAGE 4) ; . r L1 1489'01'16"W 4001' ADDITIONAL RIGHT-OF-WAY ,,,.....-.-• 102,576st± OR 2.355ac.± . : : L2 189.01'16"W 50.02, o :jt ALVII� & DONNA o ' w z L3 N00'30'3©"W 3.16' DECHANT bi Q P10 EE DINGS COMMUNITIES L4 N89'29'30"E 2(100' PARC.# 130712000007 m L5 Sss•2s'30"w 20.00' RECP.#302 &83 to a o M NW 1/4 L6 N00'30'30"W 157.36' © ' lb o m S7-T2N-R64W APPROKIMA TE =ATM PCW OF Z , , .—' L7 S88'23'42"E 39.66' .w' ATTUNE EASEMENT • $ TO KERR—MCGEE GATHERING LLC L8 N8&'59'53"W 50.09' (REC NO 38187331 _ L4 CURVE TABLE 4 =co :'� . CURVE LENGTH RADIUS DELTA CHORD CH BEARING 4 :`;; i r ;• 1 E 1/4 CORNER . '- S12--T2N—R6SW Cl 572.09' 15790.00' 2'04'33" 572.06' 100'31'46"E p :, . FND #6 REBAR WITH ' ) ' 3.25' ALUMINUM CAP 0 .:e I STAMPED LS 23520 2002 03 " ' 1 IN s.1ON, BOX C).?; i -" -7"'—'",t:',4.<'.. POINT OF POINT OF 1 . Q COMMENCEMENT BEGINNING = - - ` ` ,c ". } Z `" L2 Ll L3 L8 GREANLEAF ACRES, LLC SEE DETAIL DETAIL SCALE:1"r-50' RIGHT OF WAY �,,�,■��. WELD COUNTY DEPARTMENT ACQUISITION 44 r.:,;# OF PUBLIC WORKS 0 �� >< WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 22 & 24 DECHANT { - - WCR 49 KING SURVEYORS PROJECT NO: SR1'-26 SCALE: 1"=400` Co WELD COUNTY, COLORADO 6 L Ga rden Drive I Wcnthu . bn& 60550 - pl,oae: CI7G) &84:iOu I tni inn " gsuncyorl"m DATE: 3-1315 DRAWN BY: CDL SHEET: 2 of 2 EXHIBIT- B 14-❑ECHANT--TCE PROPERTY DESCRIPTION A parcel of land being port of that parcel of fond described in that Corrective Warranty Deed recorded January 22, 2003 as Reception No. 3025883 of the records of the Weld County Clerk and Recorder, located In the Northeast Quarter (NE1/4) of Section Twelve (12), Township Two North (T.2N,), Range Sixty—five West (R,65W,) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follower COMMENCING at the East Quarter (E1/4) corner of sold Section 12 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 12, being monurnantollzed by a #6 rebor with a 314".diameter aluminum cap stamped '1S23520, 2002" at the South and and by a #6 r'ebor with a 3 34" diameter aluminum cap stomped `LSI3155, 1999" at the North end, as bearing North 00'30'30" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2612.66 feet, with all other bearings contained herein relative thereto: THENCE North 89'01'16" West along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 40.01 feet to the West Right—of—way line of Weld County Road No. 49, said West Right—of—way line being Forty (40) feet, as measured et a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 12: THENCE continuing North 89101'18 WS along the South line of the Northeast Quarter (NE1/4) of said Section 12 a distance of 50.02 feet to a point being Fifty (50) feet, as measured at a right angle, West of sold West Right—of—way line; THENCE North 00'30'30" West along a line being Fifty (50) feet, as meaeured at a right angle, Went oit and parallel with said West Right—of—way line a distance of 3.18 feel to the Southerly line of that parcel of land described In Sold Corrective Warranty Deed, said point being the POINT OF BEGINNING; HENCE continuing North 00'30'30" West along a line being Fifty (50) feet, os measured at o right angle, West of and pora€lei with said West Right—of—way line a distance of 580,76 feet; THENCE North 89'29'30' East a distance of 20.00 fret to a point being Thirty (30) feet, as measured at a right angle, West of sold West Right—of—way line; HENCE North 00'30'30" West along o line being Thirty (30) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a distance of 1300,00 feet; THENCE South 89'29'30" West a distance of 20,00 feet to a point being fifty (30) feet, as measured at a right angle, West of said West Right—of—way line; THENCE North 00'30'30" West along a line being Fifty (50) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a dietance of 157,36 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 572.09 feet to the North line of the Northeast Quarter (NE1/4) of Bold Section 12, said curve having o radius of 15790.00 feet, o central angle of 02'04'33" and a long chord bearing North 00'31'46" East o distonce of 572.06 feet; THENCE North 88'23'42' West along the North line of the Northeast Quarter (NE1/4) of said Section 12 a distonce of 20.00 feet the beginning paint 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 572.82 feet to a Paint of Tangency (PT), said paint being Seventy (70) feet, as measured at a right angle, Weet of said West Right—of—way line, sold curve honing a radius of 15810.00 feet, a central angle of 02'04'33" and a long chord bearing South 00'31'4ti" West a distance of 572.79 feet: THENCE South 00'30'30" East along a line being Seventy (70) feet, as measured at a right angle, West of and parallel with said West Right—of—way line a dietance of 177,36 feet; HENCE North 89"29'30" East a distance of 20.00 feet to a point being Fifty (50) feet, as measured at a right angle, West of sold West Right--of- way line; THENCE South 00'30'30" East °tang a line being Fifty (50) feet, as measured at a right angle, West of and paroflel with sold West Right—of—way line a dietance of 1260,00 feet; THENCE South 89'29'30'° West a distonce of 20.00 feet to o point being Seventy (70) feet, vs measured at o right angle, West of sold West Right—of—way line; THENCE South 0030'30" East along o line being Seventy (70) feet, as measured of a right angle, Weat of and parallel with said West R€ght—of--way line o distance of 599.53 feet to the Southerly line of that parcel of land described In said Corrective Warranty Deed; THENCE South 86'59'53" East along the Southerly line of that parcel of lond described In said Corrective Warranty Deed o distance of 20.04 feet to the POINT OF BEGINNING, Said parcel of land contains 52,999 sq. ft. or 1.217 acres, more or less (*), and may be subject to any rights--of—way or other easements of record or as now existing an said described parcel of land. 1 ! 0 • 1 e v ' P ° : -0 Y ( 351w6 > 4' 0 9OA.3o. rwiah 414 )f, Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT 1> ir ^ 17A7PCDJ6TiNpr-mENT ACQUISITION �. '� ' '• OF PUBLIC_ OR S TE`I4 ,'it • i FOR 49 CORRIDOR PROJECT BETWEEN WCR(s) 22 { 24 DECIIANT KING SuENEVORS I PROJECT NO'. SRP-26 [ SCALE: N/A CI'� 650 E.Car,�n Print I Windsor,Colorado 80350 J WELD COUNTY, COLORADO phony: (970)686-5011 I email info :Kmg.Sureyors.corn DATE: 3-13-15 DRAWN BY: CDL SHEET: 1 oft EXHIBIT-B NIOTiCF I According to Colorado law you must commence any legal action based upon ' any defect in this survey within three yearn after you first discover such i defect. In no event may any action based upon any defect In this survey be L8 commenced more than ten years from the date of the certification shown - hereon.. (13.80-105 C.R.S. 2012) _ —_ '. NOTE: This exhibit drawing is not Intended to be " "" o monumentatized land survey. It's sole purpose 30' RIGHT—OF—WAY i Is as a graphic representation to aid In the . . . . _ . (BOOK 86, PAGE 273) t r ' I ORNER visualization of the written pro erty description -- •-which It accompanies, The written property #6 RESAR WITH description supersedes the exhibit drawing, E 1 3,25* ALUMINUM CAP 150' ELECTRIC EASEMENT STAMPED LS 13155 199E 10 PUBLIC SERi4CE COMPANY OF COLORADO IN MON. BOX (BOCVC 1646 PAGE 576) LINE TABLE • far Ct MM1INICATIAN EASEMENT LINE BEARING LENGTH TO PUBLIC SERVO( �,� COMPANY OF =DRAW A L1 N 89'01'1 enw 40,01' (REG NGt 2743860 L10----,,,,, • NE 1/4 L2 N89'01'16"W 50.02' S12-•T2N-R65W LS-" l L3 N00'30'30"W 3.18' 40' EXISTING RIGHT-OF-WAY , (BOOK 1046 PAGE 4)- i .7 L4 586'59'53"E 20.04' - , L5 589'29'30"W 20.00' 20' TEMPORARY EASEMENT l ` 44 o f52,999af,* OR 1.217ac.* I NQ L5 Ns9'29'3a"E 20.00' ALVIN & DONNA 0 m L7 844'30'30"E 177.36' © 01 a PIONEER COMMUNTTIE DECPIANT d ar52) 0 a IIOLI INGS LLC L8 N88'23'42"W 20.00' PARC,#130712000007 L9 N40'30'30"W 157.36' RECP.#3025883 a o z m NW i� M "�� I 4 S7-T2N-R64W L1 0 S89 29 30 W 20.00 b b APPROXIMATE LOCATION or n r' ' Li 1 N 89'29'30"E 20.00' 3O' PIPELINE EASE+JENT 'o 0 1 It? K 'RR-MCGEE GATHERING LLC MREC NO _-J618733) I . i . CURVE TABLE L5, 1L11 CURVE LENGTH RADIUS DELTA CHORD CH BEARING a O) • Cl 572.82' 15810,04' 2"04`33" 572,79' 500'31'46"W in ri .isi � i C2 572.09' 15790,00' 2'04'33" 572.08' N00'31'46"E • o 512-T2 CORNER !'7 0 I ND #6 REBAR WITH w a , M 3.25 ALUMINUM CAP �� :: ' i r , b • I STAMPED LS 23520 20 -.-.. i 1 ...,,�,� 0 My • IN MON. BOX ' POINT OF w 00 POINT OF t "° . BEGINNING �., COMMENCEMENT L2 L1 —7GREAN'LEAT ACRES.LLC SEE L3 DETAIL DETAIL \ : I SCALE:1"ws50' se TEMPORARY EASEMENT int. WELD COUNTY DEPARTMENT ACQUISITION 2 44 se . OF PUBLIC WORKS • TE-14 til ►''4 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 22 & 24 DECHANT WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"--t.400' WELD COUNTY, COLORADO 650 E. ,Ga=dczt Di t 1 Windsor,Colorod 811.5.50 • - , phone: (970) 686.5011 i emit info ,iii Unnotsg"m DATE: 3.13-15 DRAWN BY: CDL SHEET: 2 of 2 EXHIBIT-C NE I /4 SI2-T2N-R55W RIGHT- OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3025883 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 12 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 12 BEARS SOUTH 00'30'30" EAST, A DISTANCE OF 2612.66 FEET; THENCE ALONG THE NORTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 12 NORTH 88'23'42" WEST TO A POINT OF A NON-TANGENT CURVE TO THE LEFT A DISTANCE OF 79.69 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID CURVE 278.05 FEET HAVING A RADIUS OF 15790.00 FEET, A CENTRAL ANGLE OF 01 '00'32" AND A CHORD BEARING OF SOUTH 01 '03'46" WEST A DISTANCE OF 278.04 FEET; THENCE SOUTH 8929'30" WEST TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT A DISTANCE OF 25.00 FEET: HENCE ALONG SAID CURVE 278.97 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 12 SAID CURVE HAVING A RADIUS OF 15815.00 FEET, A CENTRAL ANGLE OF 01 '00'38" AND A CHORD BEARING OF NORTH 01 '03'44" EAST A DISTANCE OF 278.97 FEET; THENCE SOUTH 8823'42" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,962.70 sf. OR 0.16 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 PERMANENT EASEMENT ' e WELD COUNTY DEPARTMENT _ '�, �, ig{�i ` OF PUBLIC WORKS PE- 14 r ACQUISITION ,�1 , ` WCR 49 CORRIDOR PROJECT BETWEEN WCR 22 & 24 DECHANT r 7 `\ _►,, - �F _ Y PROJECT NO: SRP-26 SCALE: WELD COUNTY, COLORADO _G— -U --t- I DATE: 6-24- 15 BY: DRH SHEET: 1 of 2 EXHIBIT-C NE I /4 S12-T2N-R65W 1 P.O.C. N88'23'42"W NE COR S12-T2N--R65W 79.69' FND 3 1 /4" ALUM. CAP 38823'42"E STAMPED LS#13155 1999 25.00' PERMANENT EASEMENT P.O.B. ACQUIRED 6,962. 70 sf. OR 0.16 ac.± I 1 L=278.05' L=278.97' R=1579O.0O' R=15815.00' A=O1 -0O'32" A=O1 'OO'38" I? C=278.04' C=278..97' a CB=S01 .03'46"W CB=N01 '03'44"E � I I© --..• 25 c ALVIN & DONNA I N DECHANT ^W \V PARCEL # 13�712��7 �� 25.00' .,W =c, RECP.# 3025883 "' I 1{ • U _as 8O' Erc LS . C4k0_ . 0 : 1 c- I E1 /4 COR S12-T2N-R65W I FND 3 1 /4" ALUM. CAP STAMPED LS#23520 20O2 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. PERMANENT EASE WELD COUNTY DEPARTMENT ACQUISITION N ENT ,161 ;� OF PUBLIC WORKS PE- 14 WCR 49 CORRIDOR PROJECT BETWEEN WCR 22 & 24 DECHANT _ PROJECT NO: SRP-26 . SCALE: 1"-100' WELD COUNTY, COLORADO '_1c_Q U T DATE: 8-26- 15 DRAWN BY: DRIE SHEET: 2 of • ► r',�.... { : t±c :' i .1 e- 1 py Sititigiat t, a • - • IFw. , 1 •s a / lei ; ' mow' ,' Or. p I ' X -. _ '4 el• • i , . th I\iti Or r a _ C b Trill"�"",,..'j1 • .Try,_ or I sat 3s sr , I q, • ts- • - , . - - - 4 4.r I♦ , r- _ 4 , • • i?/ ` a. • �I FER?Ar'1Eri; i LA sEhr,ar T - r III _ ,�Ii . P . i i 1 ACQUIREC 6,962. 70 i. • ; � + i if .X, I • I II eni ar F , il al v. ►• . ,, 11 1 M ' 1 I '1 4. w w '». r X sr it 11 + •.1 MOW1. 1 la ,44114 4 14' * -- .2 wI _ ,1, r w I _ / , ; I y i .�_ I I t r 1 f rJ �' I lk a`_ litI. 1" r _ k 4 `I rF �` , I I e ■ ' y7 � X II N r iii i +cM 41 1.. 41 r I 1. t•. iar " 0 A U ;IN & DONNA L P, ; I AL ' � r, ' 1T e h ' 1 et I i If ► + r, _ ti1` 1 0 t # 130712.0000u() 7 1•- ;t ?r I T b " T I 11 aa,�it , $, ✓Ld. aI . iii a MP V _ .le 401144 - ‘ , ,, )11111‘111111.!•— I - 11, 1i.,, • it I se /44. III II, s, r ,Al 4 r� �:.' il I N I 1I 1 1 n • ♦ , • -F I k is t ‘ l - X � I I ± h _ , y ',II ;►' - o 1 I �1" 1 I'� • ► ` . I 4 I ` 1 ( I N. I ,a? 111 I ' I 1 I _ i I + I I ,I Exhibit D PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($ 10.00+) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Alvin Dechant and Donna L. Dechant, whose address is, 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", a permanent non-exclusive easement of Twenty-Five (25) feet in width, for the purpose and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, change the size and removing two (2) pipelines with fittings, tie-overs, cathodic protection equipment and all 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 2 North,,Range 65 West of the 6th P.M. Section 12: Part of the NE1/4 Said permanent non-exclusive pipeline easement being more particularly described on Exhibit "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline or lines, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline or lines to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the same as soon as possible, Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of- way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline or lines has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of _ 2016, signed, sealed, and delivered in the presence of: By: Print: Title: _ ACKNOWLEDGEMEN" STATE OF COLORADO ss. COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me executed the same as _ free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of 2016. My commission expires: Notary Public EXHIBIT E THIS TEMPORARY CONSTRUCTION EASEMENT, effective upon execution by all parties, is made between Alvin and Donna 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