HomeMy WebLinkAbout20081491.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN - LUECKE FAMILY TRUST
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 Luecke Family Trust, P.O. Box 19115, Fountain Hills, Arizona 85269, 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 Luecke Family
Trust 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 19th day of May, A.D., 2008.
- BOARD OF COUNTY COMMISSIONERS
�./ WELD COUNTY, COLORADO
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ATTEST: INa� ��,
it m H. Jerke, Chair
t
Weld County Clerk to the a
,�J )-- ho‘ . -- •
p
t.v'� Robert' Mastlen,Pro-Tem
BY: /�71.�9�P .
Deputy Cler to the Board
Willia Garcia
AP OV A M: C ( Cr
David . Long
ounty Attorney
9/4//),
/&/� p Douglas R demacher
Date of signature: O
2008-1491
EG0058
MEMORANDUM
TO: Clerk to the Board DATE: May 12, 2008
FROM: Leon Sievers, Public Works
COLORADO
SUBJECT: Agenda Item
Temporary Construction Easement with the Luecke Family Trust for the improvements to WCR 2
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2008-1491
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Luecke Family Trust, whose address is PO
Box 19115, Fountain Hills, Arizona, 85269, 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 the re-grading and shaping of an existing driveway and for roadside ditch
construction, 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-10 and # TE-10A
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
5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
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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.
LUECKE FAMILY TRUST L CKE FAMILY TRUST
,��' �j�
William F. Luecke, Trustee anice B. Luecke, Trustee
' .11u (�
STATE OF COLORADO `Y
/7/7u/IcefC )s
COUNTY OF W£±D )
AiTheforegoing instrument was acknowledged before me this 3 day of
q l/ , 2008, by William F. Luecke and Janice B. Luecke, Trustees of the Luecke
Family Trust.
Witness my hand and official seal.
4---
Notary Pub 'c
7 � Nick Johnson
My commission expires. _ ��•
�s NOTARY PUBLIC--ARIZONA
i t Ai MARICOPA COUNTY
.
ap My Commission Expires
September 77,_ -,
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
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ATTEST: a � iV W/ E- ' UNTY OF WELD, STATE OF
?kir ORADO, GRANTEE
1861
Deputy-Clerk to the Board "�7 N iam H. Jerke, Chairman, Board of
(?J HI unty Commissioners.
05/19/2008
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EXHIBIT"A"
PARCEL NUMBER:TE-10
DATE: JANUARY 02,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-10 CONTAINING 4,000 SQUARE FEET(0.092 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, 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 33; THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 00°50'15"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°26'30" EAST,A DISTANCE OF 277.64 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°33'30"WEST,A DISTANCE OF 10.00 FEET;
2. THENCE NORTH 89°26'30" EAST, A DISTANCE OF 400.00 FEET;
3. THENCE SOUTH 00°33'30" EAST, A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'30"WEST,A DISTANCE OF 400.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 4,000 SQUARE FEET(0.092 ACRES), MORE OR LESS.
FOR THE PURPOSES OF A CUT SLOPE.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEARING NORTH 89°26'30" EAST BETWEEN THE 2" DIAMETER ALUMINUM CAPPED
MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHWEST CORNER OF SECTION 33
TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT
THE SOUTHEAST CORNER OF SECTION 33.
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For and on Behalf of
Weld County and Adams County, Colorado
Dean E. Cates, PLS 22561
Aztec Consultants, Inc.
300 E. Mineral Ave., Suite 1
Littleton, CO 80122
TE-10.doc,16307-01,01-02-2008
Page 1 of 1
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EXHIBIT"A"
PARCEL NUMBER: TE-10A
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-10A CONTAINING 1,006 SQUARE FEET(0.023 ACRES), MORE OR LESS,
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, 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 33;THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 00°50'15"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°26'30" EAST, A DISTANCE OF 1295.14 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 31°14'26"WEST, A DISTANCE OF 44.38 FEET;
2. THENCE NORTH 58°45'34" EAST, A DISTANCE OF 20.00 FEET;
3. THENCE SOUTH 31°14'26"EAST,A DISTANCE OF 56.25 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°26'30"WEST, A DISTANCE OF 23.26 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,006 SQUARE FEET(0.023 ACRES), MORE OR LESS.
FOR THE PURPOSES OF FIELD ACCESS.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEARING NORTH 89°26'30" EAST BETWEEN THE 2" DIAMETER ALUMINUM CAPPED
MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHWEST CORNER OF SECTION 33
TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT
THE SOUTHEAST CORNER OF SECTION 33.
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For and on Behalf of
Weld County and Adams County, Colorado
Dean E. Cates, PLS 22561
Aztec Consultants, Inc.
300 E. Mineral Ave., Suite 1
Littleton, CO 80122
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TE-10A.doc,16307-01,02-18-2008
111111111111111111111111 III 111111111111 III 11111 Ell IIII Page 1 of 1
3561736 06/19/2008 12:51P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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