HomeMy WebLinkAboutTIMNATH TAP - FDP - 21-04A - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTOctober 8, 2004
City of Fort Collins
Current Planning Department
281 North College Avenue
Fort Collins, Colorado 80522-0580
Tri-State Generation and Transmission Association, Inc. purchased property from me for
the expansion of their Timnath Switch Station located in Section 3 of Township 7 North, Range
68 West of the Sixth Principal Meridian. I have been advised that Tri-State has submitted their
application for construction at this site and that the City Engineer needs confirmation that the
access road to the site is as shown on the Tri-State plans.
I'm writing to confirm that the access road to the Timnath Switch Station is located
correctly on the Tri-State plans and that they have the right to continue to use the road. I have no
problem with there continued use of the access road.
If you have any questions please contact me at 970-226-4176.
Sincerely,
Harold D. Einarsen
cc: Fort Collins City Engineer - Cam McNair
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EXHIBIT A
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 comer 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
S00012' 18"E with all bearings contained herein relative thereto.
BEGINNING at the southeast corner 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 S0092' 18"E a distance of 2413.00 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 S0092' 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 N89047'42"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
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23892
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Prepared by �SS'�...,..-
'NAgMarcus P. Lang, PLS 23892 �t
For and on behalf of
Tri-State Generation and Transmission Association, Inc.
2004. IN WITNESS WHEREOF, the undersigned has set his hand on this /y W day of October,
Grantor(s):
Harold D. Einarsen Trust as to an
undivided % interest
4arold D. Eiarsen, Trustee
STATE OF COLOR -ADO
COUNTY OF LARIMER
Shirley P. Einarsen Family Trust as
to an undivided ''/z interest
a4teFlJc�'f�'• c�s�l�i�lrtt� L
Harold D. Einarsen, Trustee
ACKNOWLEDGEMENT
):ss.:
The foregoing instrument was acknowledged before me this /yam 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 seal.
SEAL
JEROME J. BENSING jj otaryPubli
NOTARY PUBLIC C/
STATE OF COLORADO
My commission expirfty Commission Expires 11/18/2006
Project: Timnath Tap, Colorado
ACCESS ROAD EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
I . That the Harold D. Einarsen Trust and Shirley P. Einarsen Family Trust, whose
address is 526 Del Clair Road, Fort Collins, Colorado 80525, hereinafter referred to as the Grantor,
for and inconsideration of the sum of Ten 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 116t" 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 Larimer 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;
3. 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 may be 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.
TIMNATH TAP
ACCESS ROAD EXHIBIT
TO: CITY OF FORT COLLINS
ENGINEERING DEPARTMENT
FROM: WILLIAM C. COWAN
TRI-STATE GENERATION & TRANSMISSION
ASSOCIATION, INC.
The following items have been included in this exhibit:
1. A letter from the property owner assuring the city that the access road
is as shown on the plans, dated October 8, 2004.
2. An access road easement indicating the additional access road
easement of 125 feet by 125 feet for the 90 foot diameter emergency
turn around as requested by Poudre Fire Authority.
3. Tri-State G&T, Drawing No. T1018-G12-001, which shows the
access road to the substation site.
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