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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 -Jr 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 SIM Pj ,VC 23892 lo-a-off', 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. / 9 C'A. // Z, ! �Y T hc o, z-