HomeMy WebLinkAbout20081872.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO A
PORTION OF COUNTY ROAD 68 AND AUTHORIZE CHAIR TO SIGN - MARK LAND
COMPANY, LLP
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 a Portion of County Road 68 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 Mark Land Company, LLP, 3302 Creek Side Drive, Oshkosk,Wisconsin 54904,
commencing June 30, 2008, and ending October 30, 2008, or at the end of the bridge construction
and reseeding period,which ever 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 a Portion of
County Road 68 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 Mark
Land Company, LLP, be, and hereby is, approved and 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 7th day of July, A.D., 2008, nunc pro tunc June 30, 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gA°'"'f }' /
ati r a ` William H. Jerke, Chair
Weld County Clerk tot Bo 1\.c. r —1
Robert. asden, Pro-Tem
BY:
Deputy Clerk t the Board _" L
m F. Garcia
�APP D AS ORM: tiv� C � I
David E. Long
oun y Attorney
Si Dougla Rademac r
nature: //SS���//TU�U
2008-1872
EG0058
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MEMORAND- M
WI D C TO: Clerk to the Board DATE: June 27, 2008
•
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Temporary Construction Easement with Mark Land Company, LLP for improvements to WCR 68
M:AFrancieAAgend-Lcon-doc
2008-1872
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Mark Land Company, LLP, whose address
is 3302 Creek Side Drive, Oshkosh, Wisconsin 54904 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 construction and maintenance of a detour roadway and necessary
appurtenances during the bridge replacement project on Weld County Road #68, in and to, over,
under and across the following described land:
SEE TEMPORARY CONSTRUCTION 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 June 30, 2008, and
shall expire and be of no further force or effect on October 30, 2008, or at the end
of the bridge construction and reseeding period, 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 reseeding will take place at the end of the construction
period. County will use a seed mix that is comparable to the original mix design
of the existing CRP contract. If necessary a second reseeding will take place
between February and April of 2009. Grantor grants the right to enter onto the
property to reseed, if reseeding is necessary.
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 Two Hundred Eighty and no/100
($280.00) dollars for the value of the remaining contract on the Easement area
resulting from insufficient grass and plant reestablishment or plants and grasses
not reestablished to the satisfaction of the USDA, Farm Service Agency.
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 successors and assigns of the respective parties hereto.
M LAND COMPANY, LLP
iM
elf . Golemb ski, Managing Member
STATE OF WISCONSIN )
)ss
COUNTY OF WINNEBAGO )
The foregoing instrument was acknowledged before me this day of
, 2008, by Kelli M. Golembeski, as Managing Member of Mark Land Company,
LP.
Witness my hand and official seal.
of ry bl11 My commission expires: 9 ( ry N
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein. EllATTEST: 1Lg' COUNTY OF WELD, STATE OF
1S6' 1" s' ; COLORADO, GRANTEE
Deputy Clerk o the Board / }. °\, I William H. Jerke, Chairman, Board of
County Commissioners. 07/07/2008
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TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
The North 50.00 feet of the South 80.00 feet of the East 600.00 feet of the West 1237.00
feet of the Southwest One-Quarter is Section 13, Township 6 North, Range 62 West of
the Sixth Principal Meridian, County of Weld, State of Colorado and contains 0.689
acres, more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County, Colorado
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