HomeMy WebLinkAbout20071366.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - REAL COMPANY, LLC
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 Weld 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 Real Company, LLC, 865 Josephine Street, Denver, Colorado 80206, 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 Weld 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 Real Company,
LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2007-1366
EG0056
fit A? AL, P4_ cis;50 -O7
TEMPORARY CONSTRUCTION EASEMENT -WCR 13
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of May, A.D., 2007.
BOARD qOUNTY COMMISSIONERS
ELD C` TY, COLCb O
ATTEST: � �2A�J
' (
E. Long, Chair
Weld County Clerk to the Boar.t 1861 - C •
ay SED
�r.
BY: *,r�,� �� �J?••� ,� i /H. J� Pro-Tem
Ca
Deputy Clerk to the Board
W61iam F. Garcia
APP D AS T •
Bert D. Masden -'
ounty Attorney _ r --c---PQ„Q2wJA12}--
ouglas Ra emacher \
Date of signature: 5 -17-67
2007-1366
EG0056
a
MEMORANDUM
C. TO: Clerk to the Board DATE: 5/10/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Temporary Construction Easement with Real Company LLC for the improvements to WCR 13.
Enclosures
M:\Fran cie\Agend-Leon.doc
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2007-1366
TEMPORARY CONSTRUCTION EASEMENT
495 A Temporary Construction Easement between Real Company LLC, whose address is 865
Josephine Street, Denver, Colorado 80206, 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
11111111111111111 IIR liii 1111111111111 III 111111111 IIII
3477495 05/22/2007 12:20P Weld County, CO
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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.
a /
Real Company LC
Michael A. Garamella, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this (Pit day of
I Y , 2007, by Michael A. Garamella, Real Company LLC, Owner.
DENISE L. A H
Wi ess mb�I �i�1h seal ,.
STATE OF COLORADO /�I 9 /��i
My Commission Expires MAY 0,2010 ,`// 1!
Notary ublic
My commission expires: zys.OE. /0
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ELa
,mow`
ATTEST: ,Lb)tdf • COUNTY OF WELD, STATE OF
itst ( �':11/41=; COL 2A DO, GRANTEE
U Sri /Qfc �A c,4 Fir ±- _\:_- 1
Dep y Cler, o the Board U \ / David E. Long, Chairman, Bo of County
s Commissioners.
MAY 1 4 2001
Page 2 of 2 pages
1111111 "III 111111 'Milli 11113111111111 Kill IIII
3477495 05/22/2007 12:20P Weld County, CO
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EXHIBIT A
PROPERTY DESCRIPTION
(1of2)
Two parcels of land, for temporary construction easement purposes, being parts of Lot B,
Recorded Exemption No. 1467-12-1-RE500 recorded June 4, 1981 as Reception No. 1859672 of
the records of the Weld County Clerk and Recorder (WCCR), located in the South Half of the
Northeast Quarter (S1/2 NE1/4) of Section Twelve (12),Township One North (T.1N.), Range
Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, and being more particularly described as follows:
North Parcel
The South Fifty (50) feet of the North Sixty (60) feet of the West Ten (10) feet of the East Forty
(40) feet of said Lot B.
Said parcel contains 500 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.
South Parcel
The North Forty-five (45) feet of the South Forty-eight (48) feet of the West Twenty (20) feet of
the East Fifty (50) feet of said Lot B.
Said parcel contains 900 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.
rot 34995 7 M-1
•
Steven A. alf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor, Colorado 80550 I IIIIII VIII IIIIII IIII IIII IIIIIIII VIII County, IIII III
(970) 686-5011 3477495 05/22/2007 12:20P Weld County, CO
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JN: 2004295
M:\2004295\properly descriptions\TCE-23-PROP-DESC.doc
Last printed 2/21/2007 10:11 AM
EASEMENT SX NEY4 SEC. 12, T.1N., R.68W.
NORTH SIXTEENTH CORNER I I
n11 (2 of 2) BETWEEN SEC. 7,1 N.T.1N.,6R 67W.
V 10'
T
NOTE: This exhibit drawing is not intended 70' f
fld
to be a monumented land survey. It's
sole purpose is as a graphic 500 sq.ft.
representation to aid in the visualization
of the written property description which ..L
it accompanies. The written property 50,
description supersedes the exhibit drawing.
30' RIGHT—OF—WAY PER
ACCEPTED ROAD VIEWER'S REPORT
DATED 4-17-1884
LOT B RECORDED 4-18-1884 B48 P109 I (ZS
REAL COMPANY LLC
REC. NO. 2961743
. REPIEZ) 152rAilla717O1kr
M. 1467-12-i .w
LS
C
50 25 0 50
20' T
2
900 sq.ft.
1 "= 50' I
3j
MIO&T AJL M St 5W4N L. SSIn}Y'Iot
Kea Pro. 02a.M72 I
EAST QUARTER CORNER
SEC. 12, T.1N., R.68W.
I I
- a I i
1 " 34995 s it
r I Zoo-1
Steven ift.% ehalf of King Surveyors, Inc.
Colorado rofessional
Land Surveyor #34995
KING SURVEYORS, INC. PROJECT NO:2004295
DATE: 02/21/2007
650 Garden Drive I Windsor,Colorado 805500. CUENT:FHU
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-23—REAL COMPANY
11111111111111111111111111111111111111 III 11111 IIII IIII DRAWN:MCD CHECKED:SAL
3477495 05/22/2007 12:20P Weld County, CO
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