HomeMy WebLinkAbout20081237.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN - BRUCE AND RENA OSTER
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 Bruce and Rena Oster, 19145 County Road 2, Brighton, Colorado 80601, commencing
June 1, 2008, and ending December 31, 2008, 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 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 Bruce and
Rena Oster be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2008-1237
EG0058
TEMPORARY CONSTRUCTION EASEMENT - CR 2
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
f, i
ATTEST: !!/
1 .t ,� Willi H. Jerke, Chair
Weld County Clerk tot
Robert D. Masden, Pro-Tern
De. ty Cler o the Board� ( / (2
WiliNam F. Gar 'a
APPROVED AS TO FORM: � ( 1
David E. Long y
CQJXC xP
iffj-Coutgy Attofyley 0 0
uglas ademache
Date of signature: 51s/C 'f'
2008-1237
EG0058
KiLie
t} MEMORANDUM
wiipeTO: Clerk to the Board DATE: April 21, 2008
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Temporary Construction Easement with Bruce R. and Rena M. Oster.
The appropriate documentation is attached.
M:AFrancieAAgend-Leon.doc
2008-1237
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Bruce R. and Rena M. Oster, 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 a new driveway and for the removal of the existing
driveway, 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-4 and # TE-4A
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
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5. Grantee will reimburse the Grantor the sum of Seven Hundred and no/100
($700.00) dollars for the value of the existing roadway fence that will be removed
as part of the road construction project
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,
admip4strators successors and assigns of the respective parties hereto.
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Bruce R. Oster, Owner R a M. Oster, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD .......
es JO
The foregoing instrument was acknowledged before me this 14 day of`z;):: fi
Y , 2008, by Bruce R. Oster and Rena M. Oster, Owners m �l 1
Witness my hand and official seal. '-,
171tU ))1 "^—r ?al� Yi
Notary Public
My commission expires: \,&J /51So/Q
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
IEL,a
ATTEST: .,/� r' ��OUNTY OF WELD, STATE OF
r 1861 ( ! aZi��99•LORADO, GRANTEE
re A14 GU
Deputy Clerk to the Board William H. Jerke, Chairman, Board of
County Commissioners.
9TT.'."TING TO a A!-;i?• OF COUNTY APR 2 8 2008
Page 2 of 2 pages
1111111 11111 11111111111 IIII 11111111111311 IIIII Pill IIII
3553531 05/12/2008 03:51P Weld County, CO
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c. --4,737
EXHIBIT"A"
PARCEL NUMBER:TE-4
DATE:JANUARY 02,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-4 CONTAINING 890 SQUARE FEET(0.020 ACRES), MORE OR LESS,
BEING A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-03-RE-3491 UNDER RECEPTION NO.
2036735 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, 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 32; THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"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°27'14" EAST, A DISTANCE OF 725.32 FEET
TO THE WESTERLY LINE OF SAID LOT B,AND THE POINT OF BEGINNING;
1. THENCE ALONG SAID WESTERLY LINE NORTH 00°32'46"WEST, A DISTANCE OF 10.00 FEET;
2. THENCE DEPARTING SAID WESTERLY LINE NORTH 89°27'14" EAST,A DISTANCE OF 89.00 FEET;
3. THENCE SOUTH 00°32'46" EAST,A DISTANCE OF 10.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST,A DISTANCE OF 89.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 890 SQUARE FEET (0.020 ACRES), MORE OR LESS.
FOR THE PURPOSES OF ROADWAY CONSTRUCTION.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83 (1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-1/2"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
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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-4.doc, 16307-01,01-02-2008
11111111111111111111111 ���� 11111111111111111111 ���� ���� Page,cf,
3553531 05/12/2008 03:51P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"A"
PARCEL NUMBER:TE-4A
DATE: FEBRUARY 18,2008
DESCRIPTION
A TEMPORARY EASEMENT NO.TE-4A CONTAINING 2,500 SQUARE FEET(0.057 ACRES), MORE OR LESS,
BEING A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-32-03-RE-3491 UNDER RECEPTION NO.
2036735 IN THE RECORDS OF THE WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32,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 32;THENCE ALONG THE WESTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 01°09'50"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°27'14" EAST,A DISTANCE OF 899.32 FEET
TO THE POINT OF BEGINNING;
1. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°32'46"WEST,A DISTANCE OF 50.00 FEET;
2. THENCE NORTH 89°27'14" EAST,A DISTANCE OF 50.00 FEET;
3. THENCE SOUTH 00°32'46"EAST,A DISTANCE OF 50.00 FEET TO SAID PARALLEL LINE;
4. THENCE ALONG SAID PARALLEL LINE SOUTH 89°27'14"WEST,A DISTANCE OF 50.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,500 SQUARE FEET(0.057 ACRES), MORE OR LESS.
FOR THE PURPOSES OF DRIVEWAY CONSTRUCTION.
BASIS OF BEARING:
BEARINGS ARE GRID BEARINGS COLORADO STATE PLANE CENTRAL ZONE NAD 83(1992) BASED UPON
THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°27'14" EAST BETWEEN THE 2-1/2"
DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE
SOUTHWEST CORNER OF SECTION 32 TO THE 2-1/2" DIAMETER ALUMINUM CAPPED MONUMENT
STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 32.
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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-4A.doc, 16307-01,02-18-2008
1 111111 11111 111111 11111111 1111111 11111 III 11111 ll IIII Page 1 of 1
3553531 05/12/2008 03:51P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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