HomeMy WebLinkAbout20080765.tiff RESOLUTION
RE: ACCEPT TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN -WILLIAM AND KAREN ANTICO
LIVING TRUST, C/O WILLIAM AND KAREN ANTICO, TRUSTEES
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 the William and Karen Antico Living Trust, do William and Karen Antico, Trustees,
28 Birmingham Court, Highlands Ranch, Colorado 80126, 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 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 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 the William and
Karen Antico Living Trust, do William and Karen Antico, Trustees, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2008-0765
EG0058
0 0 P6c; o.�/�s/o
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 10th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ll a WELD COUNTY, COLORADO
ATTEST:
is H. erke, Chair
Weld County Clerk to the B4 \V
Royer n, ro-Tem
BY: I
De y Cler the Board vC
Wil F. Garcia
A OV A O c \
David E. Long
i nn
ounty Attorney tJ_e
ougl s Radem her
Date of signature: 31 Ili fo
2008-0765
EG0058
D
MEMORANDUM
• TO: Clerk to the Board DATE: March 5, 2008
COLORADO
FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Temporary Construction Easement with William D. and Karen R. Antico Living Trust,William D.
Antico and Karen R. Antico Trustees.
M:\Francie\Agend-Leon.doc
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2008-0765
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between William D and Karen R Antico Living
Trust, William D. Antico and Karen R. Antico Trustees, whose address is 28 Birmingham Court,
Highlands Ranch, Colorado 80126 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 roadway ditch 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-16
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 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.
WILLIAM D. AND KAREN ANTICO LIVING TRUST
/1111 a9. � a
William D. Antico, ru'sfee Karen R. Antico, Trustee
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this .3rd day of
r G , 2008, by William D. Antico and Karen R. Antico, Trustees of the William D.
and Karen R. Antico Living Trust.
Witness my hand and official seal.
Notary Public
SANDRA HENNESSY
My commission expires: /2 -2 7 2 O/o NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 12/28/2010
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
/ .. j
ATTEST: Mliah` hng '', OUNTY OF WELD, STATE OF
a ISM 2 OLORADO, GRANTEE
De,u Cle , to the Board "`U NM William H. Jerke, Chairman, Board of
��► County Commissioners. MAR 1 0 2008
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EXHIBIT"A"
PARCEL NUMBER: TE-16
DATE:JANUARY 02,2008
DESCRIPTION
A TEMPORARY EASEMENT NO. TE-16 CONTAINING 2,314 SQUARE FEET(0.053 ACRES), MORE OR LESS,
BEING A PORTION OF LOT B, RECORDED EXEMPTION NO. 1473-34-3-RE-2839 UNDER RECEPTION NO.
2814105 IN THE RECORDS OF WELD COUNTY, COLORADO, CLERK AND RECORDERS OFFICE, LOCATED
IN THE SOUTHWEST QUARTER OF SECTION 34, 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 SOUTH QUARTER CORNER OF SAID SECTION 34;THENCE ALONG THE EASTERLY
LINE OF SAID SOUTHWEST QUARTER NORTH 00°53'57"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 SOUTH 89°21'22"WEST, A DISTANCE OF 101.29 FEET
TO THE POINT OF BEGINNING;
1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89°21'22"WEST,A DISTANCE OF
231.46 FEET TO THE WESTERLY LINE OF SAID LOT B;
2. THENCE ALONG SAID WESTERLY LINE NORTH 00°54'45"WEST, A DISTANCE OF 10.00 FEET;
3. THENCE NORTH 89°21'22" EAST, A DISTANCE OF 231.51 FEET;
4. THENCE SOUTH 00°38'38" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,314 SQUARE FEET(0.053 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 THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 65
WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING NORTH 89°21'22" EAST BETWEEN THE 2"DIAMETER
ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG LS 25937 1994 FOUND AT THE SOUTHWEST
CORNER OF SECTION 34 TO THE 2" DIAMETER ALUMINUM CAPPED MONUMENT STAMPED ALPHA ENG
LS 25937 1998 FOUND AT THE SOUTH QUARTER CORNER OF SECTION 34.
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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-15.doc,16307-01,01-02-2008
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