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Home My WebLink About20080988.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN -WADE AND BETH SPECHT 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 Wade and Beth Specht, 21395 County Road 2, Brighton, Colorado 80603, 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 Wade and Beth Specht be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2008-0988 EG0058 (jn ; ©tJA /44P,L 615/2.94e 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 2nd day of April, A.D., 2008. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO ATTEST: ��, iJe / MGr� ilIiam_H. Jerke, Chair Weld County Clerk to the Board 1861 lei -EXCUSED E• Robert D. en, Pro-Tern BY: -7ctti >1/2 Deputy Clerk to the Board • F. Garcia O DA FO I 6-Hc4, David E. Long �ount Attorney oug s Radem cher L/ /c c Date of signature: 2008-0988 EG0058 a MEMORANDUM ITO: Clerk to the Board DATE: March 28, 2008 C. FROM: Leon Sievers, Public Works COLORADO SUBJECT: Agenda Item Please submit the following items for the Board's next agenda: ➢ Temporary Construction Easement with Wade A. Specht and Beth Specht The appropriate documentation is attached. M:AFrancfeAAgend-Leon-doc 2008-0988 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Wade A. Specht and Beth L. Specht, whose address is 21395 Weld County Road 2, Brighton, Colorado, 80603, 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 10t 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 re-grading and shaping of an existing driveway and for roadside ditch construction, 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-15 and #TE-15A 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 5. Grantee will reimburse Grantor the sum of Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 pages 11111111IIII 111111 11111 11111 MIDI HMI IIII IIII 3549792 04/24/2008 03:39P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 uc and assigns of the respective parties hereto. %7th 7 i kythe Wade A. Sp t, Owner Beth L. Specht,Owner STATE OF COLORADO ) )ss COUNTY OF WEtD41),VAS) he foregoing instrument was acknowledged before me this .`" llb day of Y ". , 2008, by Wade A. Specht and Beth L. Specht, Owners Witness my hand and official seal. I tit/ tart' lic • .... My commission expires: ? My Commission Expires 04112/2009 x: I ! .c 410 E.Bromley Lane ? Brighton.CO 80601 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. IEIG®�% ATTEST: � / AUNTY OF WELD, STATE OF '18C1 42 LORADO, GRANTEE A. Deputy • erk to the Board ' ' b`' `. William H. Jerke, Chairman, Board of County Commissioners. APR 0 2 2008 Page 2 of 2 pages 111111 VIII11111111111 VIII 11111111111 III 11111 IIII 1111 3549792 04/24/2008 03:39P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder carol)-O9cPd' EXHIBIT"A" PARCEL NUMBER:TE-15A DATE:JANUARY 02,2008 DESCRIPTION A TEMPORARY EASEMENT NO. TE-15A CONTAINING 1,000 SQUARE FEET(0.023 ACRES), MORE OR LESS, BEING A PORTION OF LOT A, 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 624.76 FEET TO THE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 89°21'22"WEST,A DISTANCE OF 20.00 FEET; 2. THENCE DEPARTING SAID PARALLEL LINE NORTH 00°27'33" EAST, A DISTANCE OF 50.19 FEET; 3. THENCE SOUTH 89°32'27"EAST,A DISTANCE OF 20.00 FEET; 4. THENCE SOUTH 00°27'33"WEST,A DISTANCE OF 49.81 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,000 SQUARE FEET(0.023 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 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. ta •,,.• OO...E'iS U: I : 56' : • i0NA L LANs.`• 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-15A.doc,16307-01,01-30-2008 Page 1 of 1 1 111111 11111 111111 11111 11111 1111 IIIIII' III 11111 'III IIII 3549792 04/24/2008 03:39P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello