HomeMy WebLinkAbout20090974.tiffRESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 7 AND STATE HIGHWAY 60 AND AUTHORIZE CHAIR TO SIGN -
JAMES RICE AND IVY COOPER
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 7 and State Highway 60, 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 James Rice and Ivy Cooper, 5106 Lebsack Lane, Loveland,
Colorado 80537, commencing April 6, 2009, and ending December 31, 2009, 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 and accept 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 7
and State Highway 60, 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
James Rice and Ivy Cooper be, and hereby is, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2009-0974
EG0060
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TEMPORARY CONSTRUCTION EASEMENT - CR 7 AND STATE HIGHWAY 60
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of April, A.D., 2009.
ATTEST: J97fl2, idh1t
Weld County Clerk to the Bo
BY
Depu.j Clerk t0 the Board
APPRO
ounty Attorney
Date of signature
David E. Long
BOARD OF COUNTY COMMISSIONERS
ELD O N '`� COLORADO
o-Tem
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Sean P. Conway
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2009-0974
EG0060
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COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: April 20, 2009
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Temporary Construction Easement with James A. Rice and Ivy C. Cooper for the WCR 7 and
WCR 48 project.
Enclosures
M Francie.Agend-Leon doc
CO
2009-0974
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between James A. Rice and Ivy C. Cooper, whose
address is 5106 Lebsack Lane, Loveland, Colorado 80537, 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 10ih 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 storing, staging and other necessary activities required for the placement of a
roadway culvert during the construction of improvements to State Highway #60, 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:
Said Temporary Construction Easement shall commence on April 6, 2009, and
shall expire and be of no further force or effect on December 31, 2009, or at the
end of road construction and reseeding, 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.
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 and replace any existing fence that interferers with the
necessary work.
6. Grantee will utilize the existing driveway to access the easement area.
7. It is understood that livestock will not be present in the adjoining area,
consequently a temporary fence around the easement area will not be installed
Page 1 of 2 page
8. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
dollars for the execution of this Temporary Construction Easement.
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
STATE OF COLORADO )
)ss
COUNTY OF
The foregoing instrument was acknowledged before me this 13 day of
lDi j ( . , 2009, by Ivy C. Cooper and James A. Rice, Owners
Witness my hand and official seal.
My commission expires: 6$ Ia 11 2ji
GRANTEE HEREBY A�;�, this Temporary Construction asement for the purpose
set forth herein.
Deputy Cler o the Board �'� William F. Garcia, Chairman, Board of
County Commissioners.
Page 2 of 2 pages
APR 2 7 2009
aoo9-o97
`1
EXHIBIT -A
SE 1/4 S33-T5N-R68W
PROPERTY DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 33, TOWNSHIP 5 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, AND
BEING A PORTION OF LOT 1 OF LEBSACK M.R.D. S-38-89, AS FILED IN THE LARIMER COUNTY CLERK
AND RECORDERS OFFICE UNDER RECEPTION NO. 92009313 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE SOUTH 90.00 FEET OF THE EAST 95.00 FEET, EXCEPT THE SOUTH 30.00 FEET AND THE
EAST 30.00 FEET THEREOF.
THE ABOVE DESCRIPTION P BY
COUNTY, COLORADO AND IS BASEDON INFORMATION OBTAINED FROM LEBSACK M.R.D. S-38-89 AS
WELD
S
NOTED ABOVE.
TEMPORARY CONSTRUCTION
EASEMENT
JAMES RICE
5106 LESACK LANE
LOVELAND, COLORADO
ortit
WL`Dc
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECT
PROJECT: I SCALE:
6R4
JIiB (SHEET
DATE: MAR. 24, 2009 (DRAWN 8Y: : 1 of
EXHIBIT -A
SE 1/4 S33-75N-R68W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
5,
LEBSACK
M.R.D.
JAMES A. RICE &
IVY C. COOPER
5.00' ROAD
RESERVATION
' 60100'
IEXIST. ROW 1
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0 YTEMPORARY
CONST. ESMT
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30.00' ROAD] o
JRESERVATION
N89'46'25"E
1960.02'
"-N 1/4 COR.
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TEMPORARY CONSTRUCTION
EASEMENT
JAMES RICE
5106 LESACK LANE
LOVELAND, COLORADO
4‘410t
PlcIR
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECT
PR0JECT:I SCALE;
GR-1 1"=50'
DATE: MAR. 24, 2009 I DRAWN BY: JHB I SHEET: 2 of 2
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