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Home My WebLink About20101027.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN -ALVIN DECHANT, JR. 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 Alvin Dechant, Jr., 11521 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 Alvin Dechant, Jr., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. cc ?W Pl. , Appk- (R 3 / 0 2010-1027 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 17th day of May, A.D., 2010. BOARD OF COUNTY COMMISSIONERS *qE LA LD COUNTY, C• ORADO AiATTEST: • .n,y:• :,► r.- t+ --, 1861 "'Th, Q„9 glas ademach:r, Chair Weld County Clerk to the B.0 d t :,c.-).Y t0 p/I� ♦' \ arbara Kirkmeyer, o-Tem / BY: ,1 i/LLfl s®�_ ,5:'r �c Depu y�Clerk t e Board JSean P. C w y APP D AS T RM: 4/1 /� Wil a F. G 1a o n y Attorney EXCUSED David E. Long Date of signature: LOI 'l lU 2010-1027 EG0062 MEMORANDUM TO: Clerk to the Board DATE: May 12, 2010 FROM: Leon Sievers, Public Works Department COLORADO SUBJECT: Agenda Item Temporary Construction Easement with Alvin Dechant Jr. for improvements to WCR 49. Enclosure M Er ncic`Agenda-Leo' doe `J � , 4 1 2010-1027 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Alvin Dechant Jr., whose address is 11521 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: I. 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 remove a portion of the existing driveway fence for access into this easement area and a portion of the fence along the easement area. Grantee will replace the fence in its original location at the end of construction. 6. Grantee will make an effort to improve the flow through the existing culvert by removing debris, trees and stumps and realign the ditch, where possible. Whenever practical, the disturbance will be restored to its original condition. Page I of 2 page 7. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. 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 successors and assigns of the respective parties hereto. Alvin Dechant Jr., Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this/d day of v , 2010, by Alvin Dechant, Jr., Owner. Witness my hand and official seal. v.rti9 Notary Public o�pgy .p..Act t1, My commission expires: G r, -„,L 3 i LEON W. y SIEVERS I 5 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: r w COUNTY OF WELD, STATE OF COLORADO, GRANTEE Deputy Cler "o the Boa �J Doug�acher, Chairman, Board of 4f County Commissioners. MAY 1 7 2010 Page 2 of 2 pages g9tOMI—/t0,227 EXHIBIT-A NE I/4 OF THE SE I/4 SI-T2N-R65W PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 65 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. 3026597 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-SIXTENTH CORNER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'30'04" WEST A DISTANCE OF 1320.35 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 1 ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'30'04" WEST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 269.08 FEET; THENCE SOUTH 89'29'56" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 AND THE POINT OF BEGINNING; THENCE SOUTH 89'29'56" WEST A DISTANCE OF 28.00 FEET; THENCE NORTH 00'30'04" WEST A DISTANCE OF 265.00 FEET; THENCE NORTH 17'47'08" WEST A DISTANCE OF 450.00 FEET; THENCE SOUTH 45'10'25" EAST TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 230.00 FEET; THENCE SOUTH 00'30'04" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 531.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 34,951.4 sf. OR 0.80 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. WIg1.ffti RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. p� REG/S 0 s. Sic` -••‘ &.•\.‘ LEON W. SIEVERS =�' 23520 PLS 23520 ,�/a ALI ILA \\\\\\ TEMPORARY CONSTRUCTION a WELD COUNTY PUBLIC WORKS DEPARTMENT EASEMENT ‘at WELD COUNTY ROAD 49 PROJECT ALVIN DECHANT BRIDGE 4A JOSEPHINE L.DECHANT WEIt w PROJECT: BR-S3 SCA SITE WELD COUNTY,COLORADO COLORADO DATE: DRALWN BY: SHEET: APRIL 12,2010 DRH 1 of 2 !',XHIBIT-A NE 1/4 OF THE SE 1/4 SI-T2N-R65W ,\Ic\\_ E 1/4 CORNER S1-T2N-R65W FOUND 2" A.C. STAMPED ALPHA ENEGR 1 PLS #25937 — 2001 1 y,/ s r f t',r —•••-1 8 ,,„, ,14,,, „, sr,: I t ,c,„,_ . 77,n b? Nr ALVIN DECHANT I U JOSEPHINE L. DECHANT K PARC. #130701000010 RECP. #3026597 L5 I I JOHN SMITH PARC.#130506000028 • I RECP.#02156221 TEMPORARY IM CONSTRUCTION EASEMENT L4 Cu. 34,951.4 sf. OR 0.80 ac.± .( 13 LINE TABLE L6 0 1 L1 S89°29'56'W 40.00' �"' 1 I l'z L2 S89°29'56'W 28.00' L3 N00'30'04'W 265.00' 28.00' • L4 N17°47'08'W 450.00' • L5 S45°10'25'E 230,00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A L3 I L6 500'30'04'E 531,12' MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. P.O.B. \��\GN\\1"IREG/gj/// : O „� L2 L1 �Ot �� v S 1/16 CORNER • 23520 °S1-T2N-R65W !i• I rwFOUND 2-1/2" A.C. 1 LI .Z 1 1LS 23027 - 2001 I ° /4j�ir ALiILP��`�� 100.00' R TEMPORARY CONSTRUCTION WELD COUNTY PUBLIC WORKS EASEMENT Atir. DEPARTMENT WELD COUNTY ROAD 49 PROJECT ALVIN DECHANT BRIDGE 24A SITE JOSEPHINE 11521 L. DECHANT "lip 1CR 49 PROJECT: BR 83 1"=200' WELD COUNTY,COLORADO COLORADO DATE: DRAWN BY: SHEET: APRIL 12,2010 DRH 2 of 2 Hello