HomeMy WebLinkAboutTIMNATH TAP TRI STATE GENERATION AND TRANSMISSION - Filed ED-EASEMENT DEDICATION - 2005-04-11UK ! b U b PGU 3 U 5
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EASEMENT FOR ACCESS ROAD
KNOW ALL MEN BY THESE PRESENTS:
1. That we the undersigned (whether one or more) Roy A. Portner
and Margaret R. Portner
Thus and and ::'ilu), hercinafter called Grantors, in consideration
of the sum of One Dollar and other good and valuable consider-
ations, receipt of which is hereby acknowledged, and of the
further agreements and considerations herein stated, do hereby
grant and convey unto TRI-STATE GENERATION AND TRANSMISSION
ASSOCIATION, INC., of DENVER, COLORADO, (hereinafter called
Grantee), and its authorized representatives, and to its
successors and assigns, a perpetual right-of-way for the con-
struction, operation, and maintenance of an access road in
Larimer County, Colorado, more particularly described as
follows:
An easement for an access road located in the West 1/2
of Section 3, Township 7 North -Range 68 West of the
6th p.m. in Larimer County, Colorado, more particularly
described as follows: The easement extends 12.5 ft.
on either side of the following described center line
with its point of beginning 2463 ft. more or less
North and 20.0 ft. West of the South 1/4 corner of
said Section 3.
(1.) Thence South 776.6 ft.
(2.) Thence along the are of a curve to the right
with a radius of 50.0 ft. a distance of 98.1
ft. to the North right-of-way line of the
Larimer and Weld Canal (Eaton Ditch).
(3.) Thence N 67' 34'W a distance of 1637.2 ft. along
the North right-of-way line of the Larimer and
Weld Canal.
(4.) Thence along the arc of a curve to the right
with a radius of 50.0 ft. a distance of 27.1
ft.
(5.) Thence N36° 28'W a distance of 248.4 ft.
(6.) Thence along the arc of a curve to the right
with a radius of 50 ft. a distance of 29.4 ft.
(7.) Thence N2° 43'W a distance of 101.0 ft.
(8.) Thence along the arc of a curve to the right
with a radius of 50 ft. a distance of 14.8 ft.
(9.) Thence along the arc of a curve to the left
with a radius of 50 ft. a distance of 29.7 ft.
(10.) Thence along the arc of a curve to the right
with a radius of 50 ft. a distance of 14.8 ft.
(11.) Thence N2° 43'W a distance of 124.0 ft.
(12.) Thence along the arc of a curve to the left
with a radius of 50 ft. a distance of 41.6 ft.
(13.) Thence N50" 22'W a distance of 319.5 ft.
(14.) Thence N54" 15'W a distance of 194.8 ft.
(15.) Thence along the arc of a curve to the right with
a radius of 50 ft. a distance of 33.5 ft.
(16.) Thence N16° 221W n distance of 99.3 ft.
Page Onto
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(17.)
Thence
N40
431E a distance of
47.5
ft.
(18.) Thence along the arc of a curve to the right
with a radius of 50 ft. a distance of 28.4 ft.
(19.) Thence along the arc of a curve to the left with
a radius of 50 ft. a distance of 108.5 ft.
(20.) Thence N 87' 071W a distance of 78.8 ft.
(21.) Thence along the arc of a curve to the left with
a radius of 50 ft. a distance of 16.2 ft.
(22.) Thence S 74° 131W a distance of 129.1 ft.
(23.) Thence along the arc of a curve to the right
with a radius of 50 ft. a distance of 16.6 ft.
(24.) Thence N860 411W a distance of 68.9 ft. to the
east highway right-of-way line which point is
227.7 ft. more or less, north of the south line
of -the NW 1/4 said Section 3. Containing 2.5
acres more or less.
2. That Grantee shall also have the right to use gates in all
fences which now or might 6breafter cross said access road.
3. That Grantors hereby reserve unto their use and unto the
use of their heirs and successors and assigns, a permanent right
to use the access road granted by this easemen .
4. That Grantee shall at all times exercise due care and
diligence to avoid damage to the fences, crops, livestock or
other personal property on said real property and shall pay
the undersigned for any and all damage to the fences, crops,
livestock or other personal property of the undersigned caused
by Grantee's agents or employees while using or performing
construction or maintenance work on said access road easement.
5. That in the event of the abandonment of this easement for
a period of five years, then this easement shall terminate and
all rights under it shall revert to the Grantors, their heirs
or assigns.
6. That Grantors covenant and agree that they are the owners of
the above described lands and that Sind lands are free and clear
of encumbrances and liens of whatsoever character except those
held by the following persons: �1r1A�\,
�., c,; di..i Y. yr t. �. !-1Jc7 ha L...... n,ra l...t are Ca ar!) "'I IJ1.rc1 e../ -
4,.le �,r <<•.v lrfce l-2le�-f Qv"-•.ce ..n c..f.�'. l�i.0 !>•. c/ GK+?C.lis is CA.Yr.�w�j
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7. That the total payment for the rights herein granted shall
be $ 4 Ono T1uu.._.w c±.o Nnes�
IN WITNESS WHEREOF, the undersiggned have set their hands
this /o% of �ctih.F 19 74 .
page Two
UKI.6U5 PGU307
STATE OF
COUNTY OF
I hereby certify that on this t0 L4- day of .,
19 `)y , before me the undersigned, a Notary Public, duly
commissioned and qualified for said County, came RO Y A. PdRli,eq
nn
/L.. rl ��14 �i CT !\rc'GT C. Upr TNf'B
to me known to be the identical person or persons whose name is
or names are subscribed to the foregoing instrument, and ac-
kngwledged the execution thereof to be his, hers or their
_vaivntary act and deed.
�4 Witness my hand and notarial seal the day and year above
written.
r► cem6dn ex*.; A* 3�6 WJ
My commission expires:
--votaryPuBlIc
Page Three
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Project: Timnath Tap, Colorado
ACCESS ROAD EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
1. That the Harold D. Einarsen Trust and Shirlev P. Einarsen Family Trust, whose
address is 526 Del Clair Road, Fort Collins, Colorado 80525, hereinafter referred to as the Grantor,
for and in consideration of the sum ofTen Dollars and other good and valuable consideration, receipt
of which is hereby acknowledged, does hereby grant and convey to Tri-State Generation and
Transmission Association, Inc., whose address is 1100 West 116`h Avenue, P.O. Box 33695,
Denver, Colorado 80233 (hereinafter called Grantee) and to its agents, members, successors and
assigns, a permanent Access Easement for the purpose of ingress and egress across Grantor's
property in connection with the erection, construction, reconstruction, replacement, modifications,
removal, maintenance and operation of an electrical transmission line and switching station facility.
The permanent Access Easement granted herein is situated in Latimer County, State of Colorado,
as more particularly described on Exhibit A, attached to and made a part hereto;
2. Grantee shall have the right to install, maintain and use gates in all fences which now
cross, or hereafter cross, said Access Easement;
Grantor covenants and warrants that he is the owner of the above described lands;
4. That Grantee shall at all times exercise due care and diligence to avoid damage to the
fences, crops, livestock, and other personal property of Grantor on said Access Easement and shall
pay the Grantor or his designee reasonable amounts for any and all physical damages to said fences,
crops, livestock and other property caused by the Grantee's agents or employees while using said
Access Easement to perform construction, maintenance or repair to the transmission lines and
switching station facility;
5. In the event of the removal of the transmission line and the abandonment of the right-
of-way, then this Access Easement shall terminate and all rights shall revert to the Grantor;
6. Grantor agrees that all facilities installed on the above described lands at the
Grantee's expense, shall remain the property of the Grantee, removable at the sole discretion of the
Grantee; provided however, that any fences, gates, culverts or ditches constructed by Grantee may
be conveyed to Grantor on such terms and conditions and at such times as maybe mutually agreed
upon by Grantor and Grantee;
7. Grantor shall be entitled to the full use and enjoyment of said premises, subject only
to the rights of Grantee herein conveyed;
8. The provisions of this Access Easement shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, personal representatives, successors and assigns of
the parties hereto.
2004. IN WITNESS WHEREOF, the undersigned has set his hand on this /y }6 day of October,
Grantor(s):
Harold D. Einarsen Trust as to an
undivided %2 interest
zar Ica 7- 7 EC
Harold D. Et arsen,"'rustee
STATE OF COLOR -ADO
COUNTY OF LARIMER
Shirley P. Einarsen Family Trust as
to an undivided'/2 interest
Harold D. Einarsen, Trustee
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this /N� day of October, 2004,
by Harold D. Einarsen as Trustee of the Harold D. Einarsen Trust and Harold D. Einarsen as Trustee
of the Shirley Einarsen Family Trust.
Witness my hand and official seat.
SEAL
FJEROME J. BENSING
NOTARY PUBLIC
STATE OF COLORADO
My commission expirft Commission Expires t 1/18/2006
DESCRIPTION
A portion of Tract 2 described and depicted on EXEMPTION PLAT recorded June 25,
1982 at Book 2173 Page 673 in the office of the Larimer County Colorado Clerk and
Recorder, located in the west one-half of Section 3, Township 7 North, Range 68 West of
the Sixth Principal Meridian, County of Larimer, State of Colorado, more particularly
described as follows:
Bearings are based on a line monumented by a 2 inch aluminum cap stamped PLS 7839
and a 2 inch aluminum cap stamped PLS 25372, said monuments marked as the north
one -quarter corner and the south one -quarter comer, respectively, of Section 3, Township
7 North, Range 68 West of the Sixth Principal Meridian. The bearing of said line is
S00° 12' 18"E with all bearings contained herein relative thereto.
BEGINNING at the southeast comer of that tract of land described in instrument
recorded March 1, 2004 at Reception number 2004-0018730 in the office of the Larimer
County Colorado Clerk and Recorder, from which the south one -quarter comer of said
Section 3 bears S00°12' 18"E a distance of 2411.00 feet;
Thence S89°47'42"W, along the south line of that tract described in Reception number
2004-0018730, a distance of 125.00 feet;
Thence leaving said south line S00° 12' 18"E, along a line 125.00 feet west of and parallel
with the east Line of the west half of said Section 3, a distance of 125.00 feet;
Thence N89°47'42"E, along a line 125.00 feet south of and parallel with the south line of
that tract described in Reception number 2004-0018730, a distance of 125.00 feet to a
point on the east line of the west half of said Section 3;
Thence N00° 12' 18"W, along the east line of the west half of said Section 3, a distance of
125.00 feet to the POINT OF BEGINNING.
Containing 0.359 acres (15,625 sq. ft.) more or
`vm H "o
23892
to - Il-o`�
Prepared by 0SiC`
Marcus P. Lang PLS 23892
For and on behalf of
Tri-State Generation and Transmission Association, Inc.