HomeMy WebLinkAbout20100919.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN -JOHN AND DEE SMITH
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, the Board has been presented with a Temporary Construction Easement for
Improvements to County Road 49, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Works
and John and Dee Smith, 11250 County Road 49, Hudson, Colorado 80642, commencing June 1,
2010, and ending June 1, 2011, or the completion of said project, whichever is earlier, with further
terms and conditions being as stated in said easement, and
WHEREAS, after review, the Board deems it advisable to approve said easement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Temporary Construction Easement for Improvements to County Road 49,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and John and Dee
Smith be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
... P(O, P� , II PP1 -a0 - /0 2010-0919
EG0062
TEMPORARY CONSTRUCTION EASEMENT - CR 49
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of May, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COON OLORADO
EZ
ATTEST:
s Radem.,cher, C it
Weld County Clerk to the Boa .�1861
ise2 A
ara Kirkmeyer, f o-Tem
BY. • .1�:_.�'u ! i/tr,`.�r\��� ��
Dep Clerk the Board
Sean P. o,
R ED RM:
Wil F. Garci
u Attorney a (c$7
David E. Long
Date of signature: 51901/b
2010-0919
EG0062
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between John Smith and Dee Smith, whose address
is 11250 Weld County Road 49, Hudson, Colorado 80642, Grantor and the County of Weld, a
body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is for the construction of improvements being made to an existing roadway culvert
under Weld County Road #49, in and to, over, under and across the following described land:
SEE EASEMENT EXHIBIT "A"
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1. Said Temporary Construction Easement shall commence on June 1, 2010, and
shall expire and be of no further force or effect on Junel, 2011, or at the end of
the construction, whichever is earlier.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto,their respective personal representatives, successors
and assigns.
5. Grantee will reimburse Grantor the sum of Two Hundred and no/100 ($200.00)
for loss of crops in the easement area.
6. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
2010-0919
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators su ressors and assigns of the respective parties hereto.
RekktelP
Jolj& Smith, Owner Dee Smith, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2I' 'ay of
t';Z.\ , 2010, by John Smith and Dee Smith, Owners.
Witness my hand and official seal.
1-, l
Notary Public �' I
LEON W. $
My commission expires: z,f' � 6, -13 I t. SIEVERS •` i
�j'1N/n., :PC:1
i \ �...CO��Q
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
'` ` _1� COUNTY OF WELD, STATE OF
ATTEST: � ��
� � COLORADO, GRANTEE
1861
Deputy Clertto t e B �� q a��I DouglAs Radema er, Chairman, Board of
a`j ' County Commissioners. HAY 0 3 2010
Page 2 of 2 pages
&C)/ 1 — C9/2
EXIIIBIT-A NW 1/4 OF THE SW 1/4 S6-T2N-R64W
PROPERTY DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 64 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. 2156221 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST 60.00 FEET OF THE WEST 100.00 FEET OF THE SOUTH 500.00 FEET OF THE NORTHWEST
ONE—QUARTER OF THE SOUTHWEST ONE—QUARTER OF SAID SECTION 6.
SAID PARCEL CONTAINS 30,000 sf. OR 0.69 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD
COUNTY, COLORADO.
TEMPORARY CONSTRUCTION 6 WELD COUNTY PUBLIC WORKS
EASEMENT DEPARTMENT
WELD COUNTY ROAD 49 PROJECT
JOHN SMITH �t t�� BRIDGE 24A
WCR 49 11250 WCR 49 O PROJECT: SCALE:
Ste' WELD COUNTY,COLORADO BR-83
COLORADO DATE: SHEET:
APRIL 12,2010 DRAWN BY: DRH 1 of 2
EXHIBIT-A NW I/4 OF THE SW I/4 S6-T2N-R64W
W 1/4 CORNER
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$6-T2N-R64W
FOUND 2" A.C.
STAMPED ALPHA ENEGR
PLS #25937 - 2001
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PARC. #130701(0I010 I PARC. #130506000028
RECI. #30265'7 VI RECP. #2156221
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TEMPORARY
CONSTRUCTION EASEMENT
30,000.00 sf. OR 0.69 ac.±
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY. •
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FOUND 2-1/2" A.C.
LS 23027 - 2001
60.03'
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TEMPORARY CONSTRUCTION o WELD COUNTY PUBLIC WORKS
DEPARTMENT
jili
WELD COUNTY
j'W
I ROAD 49 PROJECT
JOHN SMITH ����� BRIDGE 24A
11250 WCR 49 PROJECT: SCALE:
SITE WELD COUNTY,COLORADO BR-83 1"=200'
COLORADO DATE: APRIL 12,2010 DRAWN BY: SHEET:
DRH 2 of 2
MEMORANDUM
TO: Clerk to the Board DATE: April 28, 2010
FROM: Leon Sievers, Public Works Department
COLORADO
SUBJECT: Agenda Item
Temporary Construction Easement with John and Dee Smith for improvements to WCR 49.
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Enclosure
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