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Home My WebLink About20082534.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL #2 AND AUTHORIZE CHAIR TO SIGN - RICHARD, PHYLLIS, JEFF, AND KENNETH PODTBURG 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 Weld County Bridge 27/66A over the Greeley Canal #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 Richard, Phyllis, Jeff, and Kenneth Podtburg, 12669 County Road 66, Greeley, Colorado 80631, commencing November 1, 2008, and ending November 1, 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 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 Bridge 27/66A over the Greeley Canal#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 Richard, Phyllis, Jeff, and Kenneth Podtburg be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2008-2534 EG0058 �c ;, RA) , n- , per , s v8 TEMPORARY CONSTRUCTION EASEMENT - BRIDGE 27/66A PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of September, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ^:r4 LD COUNTY, COLORADO g //�� ATTEST: / SED H. Jerke, Chair Weld County Clerk to the Board E;=,,j,>1 1 o� ert D. as e -Tem Dept Clerk the Board Willis . Garcia AP OV AS TO • David E. Long Ir ounty orney i oug s Radem her Date of signature: ickibC‘ 2008-2534 EG0058 MEMORANDUM WIID€ TO: ClerktotheBoard DATE: Sept. 15, 2008 COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Temporary Construction Easement with Richard Podtburg, Phyllis Podtburg, Jeff Podtburg, and Kenneth Podtburg (owners) for improvements to Weld County Bridge 27/66A. Attached is the appropriate documentation. Enclosures M:\Francie\Agend-Leon.doc 2008-2534 4i TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Richard Podtburg, Phyllis Podtburg,Jeff Podtburg and Kenneth Podtburg(Owners), whose address is 12669 WCR 66 Greeley,CO 80631 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 purpose of access to reconstruct driveway during the construction of improvements to Weld County Bridge 27/66A over the Greeley Canal #2 near Greeley CO., in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT"AS' 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 November 1, 2008, and shall expire and be of no further force or effect on November 1, 2009,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. 5. Grantee will reimburse Grantor the sum of Three Hundred Dollars and no;100 ($300.00) for the execution of this Temporary Construction Easement. Page I of 2 pages 11111111111111111l3 111111441111111111111111111111111111 3582471 10/06/2008 P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder &t' c?- d5.5 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. RICHARD PODTBURG, PHYLLIS PODTBURG, JEFF PODTBURG & KENNETH PODTBURG By g_,\ ' . t6w O.1 By: O/2/Ll.,.. DD Qrua0�j.� By: ✓ ZGd; By: ;4.uu'ti' fie , STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this It day of , 2008, by: Richard Podtburg, Phyllis Podtburg, Jeff Podtburg and Kenneth Po tburg.Witness my hand and official seal. 6)(ire MtitS Notary Public « _ it %). My commission expires: (�(¢ I 2.41I2olz. � � OI0 GRANTEE HEREBY ACCEPTS this� or f.� Construction Easement for the purpose set forth herein. t' + 7 ,'' ATTEST: ih , ! ,�C J COUNTY OF WELD, STATE OF COLORADO, GRANTEE 1.1115::.1‘\\ 1 I I�� ...: '. b. We__ Deputy Clerk ' the'Board P1obert D. Masden, Chair Pro—Tem Board of County Commissioners. IIIIIIIIIIIIIIIlilliilelilliillini ill 11111111IIII 09/22/2008 3582471 10/08/20 2 0l 4 R 0.00 D 08 03:23P Weld County, CO 0.00 Steve Moreno Clerk& Recorder o'cl J U'53 EXHIBIT-A SE 1/4 S19-T6N-R66W LEGAL DESCRIPTION TE-1 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 66 WEST AND BEING A 3 1/4" ALUMINUM CAP STAMPED STAMPED LS#10855 AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER AS BEARING NORTH 00'24'28" WEST A DISTANCE OF 2610.50 FEET; THENCE SOUTH 86'35'23" WEST ALONG THE NORTH LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER TO A POINT ON THE EXISTING WESTERLY RIGHT OF WAY LINE OF WCR 27 A DISTANCE OF 30.03 FEET TO THE POINT OF BEGINNING- THENCE SOUTH 00'24'28° EAST ALONG THE WESTERLY RIGHT OF WAY LINE A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE NORTH 80'54'07" WEST A DISTANCE OF 115.11 FEET; THENCE NORTH 03'24'37" WEST TO A POINT ON THE NORTH LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER A DISTANCE OF 25.00 FEET; THENCE NORTH 86'35'23" EAST ALONG SAID NORTH LINE A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4275.8 SQ. FT. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY. LEON W. SIEVERS PLS 23520 ,01011100i0 ORpD0 RE P gas 7 235201 1111111 11111 111111 Hilt° 11111111111 III 11111 1111 IIII 3582471 10/06/2008 03:23P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder TEMPORARY a WELD COUNTY PUBLIC WORKS CONSTRUCTION EASEMENT DEPARTMENT WELD COUNTY ROAD 27 PODTBURG C. BRIDGE PROJECI 12669 WELD COUNTY ROAD 66 PROJECT: SCALE, BRO C030-030 GREELEY, COLORADO COLORADO DATE: DRAWN BY: SHEET: JUNE 11,2008 1 of 2 '- A EXHIBIT-A SE I/4 S19-76N-R66W i I - I cF'F' �,9 , -Q�F��2 �sr -P oa-o�` I �� 0 .- ROW PODTBURG & SONS DAIRY I RECP#3554604 1 .-4, ..-pe.:5' I I �� I `\\\��1►II II Irr �� " 1 1 ,� L.'5�o% CENTER EAST 1/16 COR. I * wJ _ FOUND 3 1/4" ALUM. CAP POINT OF COMMENCEMENT • <c\ •t-' = IN RANGE 80X STAMPED 23520 LS #10855 1 1 I ��•. ?• -2 f ra �� POINT OF BEGINNING I I I /7 ��f!!1 f I„tO115.00' O N86'35'23"E , , 1 1111 30.03' ___r--E I I Illltllllllllllillllllllllllllllllttl - --,AT `4 L BVEICUTIN 1 hi I 111MlTE- IttCONSTRucTioN iiunwo c RECP#2.801145 l l 11 . flit EASEMENT 1111111111(3. N I / Is 1111111I1111 111 4275.8 sf. ll llllll l l O. llll ttu , 7 i , sf iil,liilllll�, (-1 / N80. "'��Illllllllllllllilllllllll O I NO3'24'37"W 54'07..w , ' l i i i l l i t 1 l 1 I I I 0 I 25.00' 115.)1 (nIin �_ o m 0 1 SIN I I - RICHARD, PHYLLIS, m l —c — JEFF & KENNETH o I +` - N EMMIll PODTBURGv)i ,fj_ N RECP#24O3734 o wlo v �� 6—rog: I mon, EAST 1/16 CUR. mom FOUND 2 1/2" ALUM. I CAP IN RANGE BOX 1 I STAMPED LS #30462 m NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A Immo MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. mom IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL 1 DESCRIPTION ONLY. immi imme TEMPORARY WELD COUNTY PUBLIC WORKS m" fhb CONSTRUCTION EASEMENTPir DEPARTMENT WELD COUNTY ROAD 27 PODTBURG illik BRIDGE PROJECT 12669 WELD COUNTY ROAD 66 PROJECT: SCALE; 1"=50' GREELEY,COLORADO • BRO C030 030 COLORADO DATE: JUNE 11,2008 DRAWN BY: JHB SHEET: 2 of 2 Hello