HomeMy WebLinkAbout20080820.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN - CHERRY KNOLLS ESTATES
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 2, 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 Cherry Knolls Estates, 8791 Circle Drive, Westminster, Colorado 80031, commencing
June 1, 2008, and ending December 31, 2008, 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 2,
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 Cherry Knolls
Estates be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2008-0820
EG0058
00 Po,), pL, Artc— 04-01,05
TEMPORARY CONSTRUCTION EASEMENT - CR 2
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 17th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
u ELD COUNTY, COLORADO
ATTEST: ,_ ,:;a /�7/�/ ,y eop. ,
1, I? H. Jerke, Chair
Weld County Clerk to the Boar - iect f"
c-i P+ SED
v r i5 i, :r R rt D. r, Pro-Tern
Deputy Olerk to the Board r 91
Wi 'am F. Garcia
AFPROVED A Fa / J e�< V
r��/', David E. Long
County Attorney EXCUSED /
Douglas Rademacher
Date of signature: > /2''/6L
2008-0820
EG0058
KitMEMORANDUM
' TO: Clerk to the Board DATE: March 10, 2008
C.
COLORADO FROM. Leon Sievers, Public Works
SUBJECT: Agenda Item
Temporary Construction Easement with Cherry Knolls Estates.
The appropriate documentation is attached.
M:\Francie\Agend-Leon.doc
2008-0820
0
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Cherry Knolls Estates, whose address is
8791 Circle Drive, Westminster, Colorado 80031 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 grading. shaping and relocating the existing driveway, during the construction of
improvements to Weld County Road#2, in and to, over, under and across the following
described land:
SEE EXHIBIT "A, Parcel # TE-1 1
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, 2008, and
shall expire and be of no further force or effect on December 31, 2008, or at the
end of road construction, 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
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&6&8c ,Par_;
5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
CHERRY KNOLLS ESTATES
ohn J. Van emoer, General Partner
STATE OF COLORADOQ 1 )
C toc r�S r )ss
COUNTY OF WELD& )
The foregoing instrument was acknowledged before me this ld day of
MGc c\ , 2008, by John J. Vandemoer, General Partner of Cherry Knolls Estates
Witness my hand and official seal.JAMIE BLAND" `(�(�(^"$(\\Notary Public ry Public
State of Colorado
c \%, o�\\
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: &Si ',- \' i't,,{g COUNTY OF WELD, STATE OF
,,a. COLORADO, GRANTEE
,s
Dep Cler the Board °,i k, A William H. Jerke, Chairman, Board of
1`, County Commissioners.
- MAR 1 7 2008
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