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Home My WebLink About20080021.tiff RESOLUTION RE: ACCEPT TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - ROSCOE ELLIOTT 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 Certain Improvements to County Road 13 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 Roscoe Elliott, P.O. Box 56, Dacono, Colorado 80514,with terms and conditions being as stated in said easement, and WHEREAS, after review, the Board deems it advisable to 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 Certain Improvements to County Road 13 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 Roscoe Elliott be, and hereby is, accepted. 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 2nd day of January, A.D., 2008. <CTt . BOARD OF COUNTY COMMISSIONERS ;A WELD COUNTY, COLORADO 1l J � q ATTEST: 4;,�,T,Z,,�� />a777%t��//��'� r `� : �s" '' XCUSED ` "'' /..„..7---) Villia H. Jerke, Chair Weld County Clerk to theBoafd` r ; �1// ') \I\-2--- --- - (Lilt ?° Roobert / sd , Pro-Tem BY: IL� V � ivy (ML/ De t Clee Board William F. Garcia APPROVECAS QR : EXCUSED David E. Long my Attorney Douglas Rademache Date of signature: II/1W 2008-0021 EG0058 9� ; `'ec! /G 4,% O-2 U S a MEMORANDUM WII C. TO: Clerk to the Board DATE: 12/18/2007 COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Temporary Construction Easement with Roscoe J. Elliott for improvements to WCR 13. M:\Francie\Agend-Lcon-doc 2008-0021 452 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Roscoe J. Elliott, whose address is P.O. Box 56, Dacono, Colorado 80514, 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 and shaping of the existing driveway during the construction of improvements to Weld County Road#13, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "B" 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 August 1, 2007, 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 remove and replace any existing fence that interferers with the shaping and grading of the driveway. 6. Grantee will reimburse Grantor the sum of Five Hundred and no/100($500.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 page 1 111111 11111 1111 111111 11111 III 1111111 I I 111111 1111 1111 3532452 01/31/2008 12:55P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2t.t - OCDI 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. Roscoe J. Elliott, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) \\ The foregor g instrument was acknowledged before me this II,day of .,„__,TI\.1 (1110, 007, by Roscoe J. Elliott, Owner. Witness my hand and official seal. •CO��t 91�� No • y Public ti My commission expiir�e1: j � 9, my. r,•-,,-- u2,1113/2009 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. I ,l .f} ATTEST: �j/ • �d " J COUNTY OF WELD, STATE OF ��!/1/CC.d (,..,1°•\,,,..= COLORADO, GRANTEE f r 1 Deli ty Cle to the Board '' Masden, Chair ro-Tem Board of County w Commissioners. 01/02/2008 Page 2 of 2 pages AMEN VIII 111111 111111 11111 III 1111111 III 11111 IIII ill 3532452 01/31/2008 12:55P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder PROPERTY DESCRIPTION (1 of 2) Two parcels of land, for temporary construction easement purposes, both being part of that parcel of land described in that Quit Claim Deed (QCD) recorded February 16, 1995 as Reception No. 2426907 of the records of the Weld County Clerk and Recorder (WCCR), located in the Northeast Quarter (NEl/4) of Section One (1), Township One North (T.IN.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6`h P.M.), County of Weld, State of Colorado, and being more particularly described as follows: Parcel 1 The West Ninety and Fifty - Hundredths (90.50) feet of the East One Hundred Twenty and Fifty- Hundredths (120.50) feet of the North Seventy (70) feet of the South Two Hundred Twenty-eight (228) feet of that parcel of land described in said Reception No. 2426907. Said parcel 1 contains 6,335 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Parcel 2 The West One Hundred Twelve and Fifty -Hundredths (112.50) feet of the East One Hundred Forty-two and Fifty - Hundredths (142.50) feet of the North Seventy (70) feet of the South Nine Hundred Twenty-three (923) feet of that parcel of land described in said Reception No. 2426907. Said parcel 2 contains 7,876 sq. ft., more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. ,t51.. .-r"-C4(4:", sy r. P - `'%u" aon P kAlLt1 _2„,g , Stev ` pd - qn baLi of King Surveyors, Inc. Colora " t ntV rc(fessional Land Surveyor#3"4995 KING SURVEYORS,INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 200429 Mstp0nzed2/22/200d7 zsz4PMns\TCE-36-PROP-DESCdoc 1 Hill 11111 lilt I�� III III 1111111 111 11111 liii liii 3532452 01/31/2008 12:55P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TEMPORARY CONSTRUCTION ROSCOE JAMES ELLIOT EASEMENT NEY4 SEC. 1 , T.1N., R.68W. / / NORTHEAST CORNER� I S / ii SEC. 1, T.1N., R.68W. I I L 1 °J / / I - g / / / Parcel2 —70'I — — — - -o r2 I 7,876 sq.ft. I44 �U� _Z•` / / / 112.50' - = . d / / I I 5 .0 c / / / U 2 32 ///// 1.1 mom a, a > / ii -N // / &r al t$€ y�y. �. MICHAEL E.& 110 — — — — o ii�o l/ / 'C R�AU 41a0V7 DENISE1 REC.NO.3337833 I sl Nci / 625 -O,o / / I I MI • = / / / 301 RIGHT—OF—WAY I _c / / PER ACCEPTED ROAD VIEWER'S i f - -�'� REPORT DATED 4-17-1884 o / / / RECORDED 4-18-1884 648 P109 I -03 v / / FRANK A.ELLIOTT O / / / REC.NO 3298690 / / 70'I III Parcel 1 — I / / 6,335 sq.ft.� / O I / / / 90.50' y / / 0 , , / / / CENTER QUARTER CORNER 158 1, 19 / / / SEC. 1, T.1N., R.68W. / / /I I EAST QUARTER CORNER_Amon arantrA/ / AV SEC. 1, T.1N., R.68W. / / I— / / / / 1t NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. S) � V. 84995 s� P - o-1 I `� �� 200 100 0 200 Steven 7._ Wen 4 alf of King Surveyors, Inc. Colorado ':.:Pr$fessional Land Surveyor 4995 (2 of 2) 1"= 200' KING SURVEYORS, INC. PROJECT NO:2004295 DATE: 02/13/2007 650 Garden Drive I Windsor, Colorado 80550 CLIENT:EHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-36—ELLIOTT www.kingsurveyors.com DRAWN: MCD CHECKED: SAL Hello