HomeMy WebLinkAbout20090757.tiffRESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 74 AND AUTHORIZE CHAIR TO SIGN -STEPHEN AND JOANN CECIL
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 74, 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 Stephen and JoAnn Cecil, 36626 County Road 59, Eaton, Colorado 80615,
commencing February 23, 2009, and ending June 1, 2010, or upon 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 74, 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 Stephen and
JoAnn Cecil be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easement.
2009-0757
EG0060
((,/-'6 /'L_
TEMPORARY CONSTRUCTION EASEMENT - CR 59
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of March, A.D., 2009, nunc pro tunc February 23, 2009.
ATTEST: L'1
Weld County Clerk to the
BY _
Deputk Clerkkto the Board „
APPROVED AS TO FORM:
2
C6unty Attorney
Date of signature k IC
ci
BOARD OF COUNTY COMMISSIONERS
WELD COUNTXIOLORADO
Sean P. Conway / _ -( _
,!,c Lk-1y�CA/
rbara Kirkrmeyer�
David E. Long
2009-0757
EG0060
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WI`Dc.
44t*ri
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: March 17, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Temporary Construction Easement with Stephen W. and JoAnn Cecil on WCR '114
Enclosures
M:AFrancieVAgend-Leon.doc
2009-0757
945
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Stephen W. and JoAnn Cecil, whose
address is 36626 Weld County Road 59, Eaton, Colorado 80615 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 10`h 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 stockpiling, loading and unloading of granular material and all other tasks
associated with that operation for the reconstruction of WCR 74, in and to, over, under and
across the following described land:
Lot A, Recorded Exemption No. 0801-01-1 RE -4155 located in the Northeast
One -Quarter of Section 1, Township 6 North, Range 64 West of the Sixth
Principal Meridian, Weld County, Colorado
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:
Said Temporary Construction Easement shall commence on February 23, 2009,
and shall expire and be of no further force or effect on June 1, 2010, or at the end
of the restoration of the stockpile area, which ever 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.
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 Five Thousand and no/1OO ($5000.00)
dollars for the execution of this Temporary Construction Easement.
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3616945 04/16/2009 11:11A Weld County, CO
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IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
Step - W. Cecil, Owner
STATE OF COLORADO
COUNTY OF WELD
)ss
)
The foregoing instrument was acknowledged before me this /et day of
Jl'IA -cfk , 2009, by Stephen W. Cecil and JoAnn Cecil, Owners
Witness my hand and official seal.
otary Public
My commission expires: O S 0& U q
LEOfi W SIEVERS
f NOTARY PUBLIC
y STATE OF COLORADO 0
OAWAWA,A'.CddA'/AW4df/A'I/ Af
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement tor the purpose
set forth herein.
ATTEST: COUNTY OF WELD, STATE OF
COLOP$DO, ANTEE
Deputy Clerk, o the Board
William F. Garcia, Chairman, Board of
County Commissioners. MAR 3 0 2009
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3616945 04/16/2009 11:11A Weld County, CO
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