HomeMy WebLinkAbout20081147.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN - ROBERT AND SUZAN LEWIS
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 Robert and Suzan Lewis, 19205 County Road 2, Brighton, Colorado 80603, commencing
June 1, 2008, and ending December 31, 2008, 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 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 Robert and
Suzan Lewis be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�� WELD COUNTY, COLORADO
ATTEST: •
Ltj/ EXCUSED
s;,',�;,, ill' H. Jerke, Chair
Weld County Clerk to the Bob bib c (� \( P
Robert D. Masden, Pro-Tem
Dep ty Cle a to the Board W
Wifiam F. Garcia
APPROVED AS TO FORM:
• David E. Long
�ArtO
Cou yAttof ey co9�ao
ougla's Radema er
Date of signature: -) s I c
2008-1147
EG0058
a
MEMORANDUM
CTO: Clerk to the Board DATE: April 16, 2008
FROM: Leon Sievers, Public Works
COLORADO
SUBJECT: Agenda Item
Please submit the following items for the Board's next agenda:
➢ Temporary Construction Easement for improvements to WCR 2 with Robert and Suzane
Lewis.
The appropriate documentation is attached.
M:\Francie\Agcnd-Leon.doc
•
2008-1147
5j
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Robert L Lewis and Suzan R. Lewis,
whose address is 19205 Weld County Road 2, Brighton, Colorado 80603 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 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-85 Q \N
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. The new driveway will be constructed of an asphalt surface
similar to the existing driveway.
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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5. Grantee will reimburse the Grantor the sum of One Hundred Twelve and 50/100
($112.50) dollars for the value of the existing roadway fence that will be removed
as part of the road construction project.
6. 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 success "'and assigns of the respective parties hereto.
J
R rt , Owner Su an R ewis, Owne
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 29N day of
j\AAr0-CN , 2008, by Robert L. Lewis and Suzan R. Lewis, Owners
Witness my hand and official seal.
I46tary Public
My commission expires: Lip, 06 0 LEON W SIEVERS j
NOTARY PUBLIC $
STATE OF COLORADO
0
,e
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: �l �N 61/6/ E COUNTY OF WELD, STATE OF
/7 "`1 (/ COLORADO, GRANTEE
tip llG( c,
Q.<..
Dep ty Cl k to the Boa d fm. eriy,f . Masden, Chair Pro-'rem Board of
County Commissioners.
APR 2 17008
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• EXHIBIT"A"
PARCEL NUMBER:TE-5
DATE: FEBRUARY 18, 2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-5 CONTAINING 1,400 SQUARE FEET(0.032 ACRES), MORE OR LESS,
BEING A PORTION OF LOT A, RECORDED EXEMPTION NO. 1473-32-03-RE-3491 UNDER RECEPTION NO.
2036735 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, SAID TEMPORARY
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"WEST,A DISTANCE OF 30.00 FEET TO A LINE
PARALLEL WITH AND 30.00 FEET NORTHERLY FROM THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER; THENCE ALONG SAID PARALLEL LINE NORTH 89°27'14" EAST, A DISTANCE OF 1138.02 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'46"WEST, A DISTANCE OF 49.70
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF
43.58 FEET;
2. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°45'02"
AN ARC LENGTH OF 16.54 FEET;
3. THENCE NORTH 67°56'16" EAST,A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 63.58 FEET,THE RADIUS
POINT OF SAID CURVE BEARS SOUTH 67°46'37"WEST;
4. THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°40'37"
AN ARC LENGTH OF 24.05 FEET;
5. THENCE TANGENT TO SAID CURVE SOUTH 00°32'46" EAST, A DISTANCE OF 49.70 FEET TO
SAID PARALLEL LINE;
6. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST, A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,400 SQUARE FEET(0.032 ACRES), MORE OR LESS.
FOR THE PURPOSE OF DRIVEWAY CONSTRUCTION.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-112"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
QPp0 REG',
O .•'
For and on Behalf of o AEC:.
Weld County and Adams County, Colorado �'; o
Dean E. Cates, PLS 22561 -o: 2561
Aztec Consultants, Inc. 9•.• 21 I rio
300 E. Mineral Ave., Suite 1 Fs•.• •\F
Littleton, CO 80122 si�NFL LAN�,3
TE-5.doc,16307-01,02-18-2008
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