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HomeMy WebLinkAboutTIMNATH TAP TRI STATE GENERATION AND TRANSMISSION - Filed ED-EASEMENT DEDICATION - 2005-04-11UK ! b U b PGU 3 U 5 111971 _276t.• dd 4rrnt4r Mn. _ (��pq -,t ThOYIn� `/ O tl 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 eKi6QS POO 3 0 6 (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 2 111) "b r. L",'u be d fib„+ r-Me.«ef o —cl_.<m=rr 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 ;j co 0 N N .. ( _ y .., t '- 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.