HomeMy WebLinkAbout20073402 RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN-DACONO COTTONWOOD, LTD
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 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 Dacono Cottonwood, Ltd., 14875 Landmark Boulevard #306, Dallas, Texas 75240,
commencing August 1, 2007, 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 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 Dacono
Cottonwood, Ltd., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2007-3402
EG0056
fie : 40/ PZ_ /97//07
TEMPORARY CONSTRUCTION EASEMENT - CR 13
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
"4, \,, WEL OUNTY, OL RADO
e '
ATTEST: 444,
. t ,2`« David E. Long, Chair
Weld County Clerk to the r
.• •
William H. Pro-Tem
BY: (40De u y Cle to the Boar
W' iam F. Garcia
APPROVED AS TO FORM: k'(�
Robert D. Masden
krr D . ( J
/�� ou y Att r ey o r
ry ouglafs Rade cher
Date of signature: if D(107
2007-3402
EG0056
•
ria
ft MEMORANDUM
DWI ' TO: Clerk to the Board DATE: 10/29/2007
• FROM: Leon Sievers, Right-of-Way Agent
COLORADO
SUBJECT: Agenda Item
Temporary Construction Easement Agreement with Dacono Cottonwood LTD
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2007-3402
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832
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Dacono Cottonwood LTD, whose address
is 14875 Landmark Blvd. #306, Dallas, Texas 75240, 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 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 Three Hundred and no/100 ($300.00)
dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
1111111111111111111111111111 11111111111111 11111 1111 1111
3519832 11/28/2007 02:04P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Jeri- 3 yca
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.
4, -/.4 .0
Dacono Cottonwood LTD
>, b LC`IM3COMo no,Jwc•c•J GQ, /,,
John W. Knapp,Presidcn( I
C 4t " PST~gin
Benson Armistead
Director of Asset Management
STATE OF COLORADO )7"cg
)ss
COUNTY OF - ,_tt.‘-g
The foregoing instrument was acknowledged before me this F' day of
ebv1)-e-N , 2007,by John W. Knapp, Prosidont for Dacono Cottonwood LTD. Crq it -Y '
Benson Armistead
Witness my hand and oflaiSTA621f Asset Management
Notary Public
My commission expires: , Al1.J.PEYTON
toy,./,,,.O.!!!4\ Notary Public
i;r Ri State of Texas
‘', .....d,/ MyCarynissionfxpins
`*,&.:n April 20,2008
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: iiiL t�` ,`� ) . � OUNTY OF WELD, STATE OF
I -. lJ♦O L O, GRANTEE
,itilnl ;a/l �C = . ecz-
Dept Cler the Board "�r d E. Long, Chairman, and of County
,,=T� ,��, •issioners.
le
OCT 3 1 2007
Page 2 of 2 pages
1111111 VIII 111111 11111 11111 111111 1111111111111Hill
3519832 11/28/2007 02:04P Weld County, CO
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EXHIBIT A
PROPERTY DESCRIPTION
(1 of 2)
A parcel of land, for easement purposes, being a part of that parcel of land described in
that Special Warranty Deed (SWD) recorded October 5, 2004 as Reception No. 3224956
of the records of the Weld County Clerk and Recorder (WCCR), located in the Southeast
Quarter (SE1/4) of Section Twelve (12), Township One North (T.1N.), Range Sixty-eight
West (R.68W.) of the Sixth Principal Meridian (6 P.M.), City of Dacono, County of
Weld, State of Colorado, and being more particularly described as follows:
The North Two Hundred Twenty-five (225) feet of the South Four Hundred Eight-four
(484) feet of the West Twenty-five (25) feet of the East Fifty-five (55) feet of that parcel
of land described in said Reception No. 3224956.
Said parcel contains 5,625 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.
0: -qvijkz
34995 oo-
Steven A. n 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
M:\2004295\property descriptions\ESMT-I7-PROP-DESC.doc
Last printed 2/19/2007 3:53 PM
1111111 11111 111111 11111 11111111111 VIII III 11111 IIII IIII
3519832 11/28/2007 02:04P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
tHDtM tN I I SEY4 SEG. 12, I.1N.,N., N.0OVV.
(2 of 2)
cc 7SS P p5�S 0119 t LC86S L Aft I NOTE: This exhibit drawing is not intended to be a
ct 7 F, .)IL a , jr a Haw I I monumented land survey. It's sole purpose is as a
ROC IV@2 02197/40 1 graphic representation to aid in the visualization of the
written property description which it accompanies. The
I written property description supersedes the exhibit drawing.
CENTER QUARTER CORNER
SEC. 12, T.1 N., R.68W.iii
EAST QUARTER CORNER
% SEC. 12, T.1N., R.68W.�
10'EASMENT TO
THERE ARE EASEMENTS 50' WOE BY 5280'/N LENGTH
UNION RURAL ELECTRIC ASSOd9AON.---I — TO AMOCO PRODUCTION COMPANY FOR 2 GAS LINES & 1
(8788 NEC NO.1709929) FUEL GAS L/NE IN THE SE14 SEC 12 TN., R.68W
LOCATION CANNOT BE DETERMINED FROM OEED.(8741
I I REC. NO 1562929 & 8748 NEC NO. 1670218)
30' RIGHTS RE WAY
ORT I I THERE ARE EASEMENTS TO PANHANDLE EASTERN
PER ACCEPTED ROAD VIEWER'S 4-17-1884 7884�J I PIPE L/NE COMPANY FOR 7RANSPORTA77ON OF O/L,
DATED I
RECORDED 4-18-1884 B48 P109 GAS ETC /N 1HE SE1/4 OF SECTION 12 T.1N., R58W
L 17NG EAST OF UPRR ROW. LOCA17ON CANNOT BE
DETERMINED FROM DEED.(8774 NEC NO 1695887&
,_....C:3 8829 NEC NO. 1751142)
225' 1 C
0077 L222 I I
RISC PA2 .32240W 25'- - 0
5,625 sq.ft. IS SITSAN 2 778017M; al BOTIMEZLI
a C4RL4 JOHNSON JIORMS
8164 RHO l+).'i R 1712 11
.1.
1 r0`
259'-\ 1 v
I@
027712NWOOL4 L722
RbC AR1 3224955
I a
1 Ov ≤c QG:.r
'• 34995
SOUTHEAST CORNER ▪ `�' �"�;‘15 20��
SEC. 12, T.1N., R.68W. �,,p'
200 100 0 200 S . "1
Steven A. Lan - on behalf of King Surveyors, Inc.
Colorado Registered Professional
1"= 200' Land Surveyor #34995
KING SURVEYORS, INC. PROJECT
ROOE CT�NO:2007295
650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:ESMT-17—DACONO COTTONWOOD LTD
www.idngsurvevors.com DRAWN: MCD CHECKED: SAL
1111111 11111 111111 1111111111 111111 111 III 11111 IIII IIII
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