HomeMy WebLinkAbout20080022.tiff RESOLUTION
RE: ACCEPT TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS
TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - ROSCOE AND DEBRA
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 and Debra 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 and
Debra 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.
'� _ BOARD OF COUNTY COMMISSIONERS
s, ;,,,,f,,,:;.:'! -/1,5',-, WELD COUNTY, COLORADO ir ATTEST: ," ;,mo, ,:::47 AA ° t.;,1 ,
- ^ti EXCUSED
F . ;Willis H. Jerke, Chair
Weld County Clerk to the Board
BY:A_ 4 _Ilan' Fe
Robert D. //
M n, Pro-Tem
De u y Cler o the Board ( ii)( / 7
William F. Garcia
APPROVE S TO RM: EXCUSED
l David E. Long
aunty Attorney
Dougla Rademachr
Date of signature: l ilk I Ck
2008-0022
EG0058
( : raw 7L , ,l,z_ Pio�/erg 1
a
4 i __ MEMORANDUM
TO: Clerk to the Board DATE: 12/18/2007
C.
COLORADO FROM: Leon Sievers, Right of Way Agent
SUBJECT: Agenda Item
Temporary Construction Easement with Roscoe J. Elliott and Debra K.Elliott for improvements to
WCR 13.
M.\Francie\Agend-Leon.doc
2008-0022
453
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Roscoe J. &Debra K. 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 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 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 "A"
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
11111111111111111111111 1 1111111 111111111111111111111H I
3532453 01/31/2008 12:55P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder «TctJ7- cea'd_
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.
cetet-ey da?/ cuz/(611
Roscoe J. Elliott,, Owner Debra K. Elliott, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The fore ng instrument was acknowledged before me this jr), day of
�� i J?i m 7,1007,by Roscoe J. & Debra K. Elliott, Owners.
Witness my hand and official seal. 4\,V•,e'.....Co• ti‘
( \01.2cAS.Vit I \' ID; is' .97.4iii
Notar" Public •• i
i 5
My commission expires: I r �
f. yr•\U3. � ..n '
1
Ce A'FOF ON
MyComr*ssiorD Expires 0411812009
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
1 A ..ter:
ATTEST: jG AI
rb" J COUNTY OF WELD, STATE OF
, •' ;:::)..4.,, \ COLORADO, GRANTEE
D ty ClCu*ctfr
o the Boar ,` • ,/' • Masden, Chair Pro—�em,Board of County
w: ti c Commissioners.
Page 2 of 2 pages
1111111111111111111111111111 I I 11111111 11111111 I I I 11111
3532453 01/31/2008 12:55P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
O2005- O
PROPERTY DESCRIPTION
(1 of 2)
Two parcels of land, for temporary construction easement purposes,both being part of that parcel
of land described as Parcel "A" in that Quit Claim Deed (QCD) recorded August 30, 2001 as
Reception No. 2879582 of the records of the Weld County Clerk and Recorder (WCCR), located
in the Southeast Quarter (SE1/4) of Section One (1), Township One North (T.1N.), Range Sixty-
eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, and being more particularly described as follows:
Parcel 1
The West Forty-four and Fifty - Hundredths (44.50) feet of the East Seventy-four and Fifty-
Hundredths (74.50) feet of the North Twenty-two (22) feet of said Parcel "A."
Said parcel 1 contains 979 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 North One Hundred Ninety-four (194) feet of the South Three Hundred Seventy-one (371)
feet of the West One Hundred (100) feet of the East One Hundred Thirty (130) feet of said Parcel
"A."
Said parcel 2 contains 19,400 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.
ir
o,t
.�I ','?5 'z too—I
Steven .tjhak or behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295
95es04ptions\TCE-34-PROP-DESC.doc 1 MIME DIM11111111111 III 1111111 MMM MMEEE liii 1111
Last \property 2/22/2007
3532453 01/31/2008 12:55P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
TEMPORARY CONSTRUCTION ROSCOE J. & DEBRA K. ELLIOTT
. EASEMENT SEY4 SEC. 1 , T.1 N., R.68W.
/2
EAST QUARTER CORNER
SEC. 1, T.1N., R.68W.
ANDeS C91RAKNA
RIC MI 02791631 1
44.50' I
Parcel 1 22'
979 sq.ft.
I
30' RIGHT-OF-WAY I I
PER ACCEPTED ROAD VIEWER'S REPORT � I
DATED 4-17-1884 0 I
RECORDED 4-18-1884 B48 P109
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a. m Parcel 2_,....---"------.. 194' i
=5 19,400 sq.ft.
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LOT I-RXTHERMALSUBDIVISION I I e!A„.._SOUTHEAST CORNER
REC. NO. 2624446 I SEC. 1, T.1N., R.68W.
. SA
i ^ 6 it4s. NOTE: This exhibit drawing is not intended
to be a monumented land survey. It's
S' � ' �; sole purpose is as a graphic
�, representation to aid in the visualization•
-t of the written property description which
Sa•'•, ,�+,�°,�J� it accompanies. The written property
Z a Ca description supersedes the exhibit drawing.
Stevendi' ri.,d�iehalf of King Surveyors, Inc.
Colorado Registered'Professional
Land Surveyor #34995 (2 of 2)
KING SURVEYORS, INC. DATEE02/i 3/200;95
650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-34—ELLIOTT
www.kingsurveyors.com DRAWN: MCD CHECKED: SAL
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