HomeMy WebLinkAbout20071365.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - MICHAEL SUDYKA
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 Michael Sudyka, P.O. Box 202, Dacono, Colorado 80514, 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 Michael Sudyka
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2007-1365
EG0056
(IP : Pei) P2, 4)Z- -aJ-o1
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 OF COUNTY COMMISSIONERS
WEL UNTY, COLORADO
�.YDO (� r
ATTEST: "^�"`f u Y (oI
. Long, Chair
Weld County Clerk to the Board
186I rBY: ' lilr� D
l '. . Jer , Pro-Tem
Deputy Clerk to the Board ( ^- -
1 �?g� , ,! m F. G.rcia
r
APP ED AST i ka- ,
obert D. asden
ounty Attorney l
g as Ra mac er
Date of signature: /7 -67
2007-1365
EG0056
MEMORANDUM
TO: Clerk to the Board DATE: 5/8/2007
C
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Temporary Construction Easement with Michael M. Sudyka for improvements to WCR 13
Enclosures
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SA1N11103 O13M
2007-1365
TEMPORARY CONSTRUCTION EASEMENT
Aj A Temporary Construction Easement between Michael M. Sudyka, whose address is P.O.
Box 202, Dacono, Colorado 80514, 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`" 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 ($300.00)
dollars for the execution of this Temporary Construction Easement.
Page 1 of 2 page
111111 IIIIIIII III
3477494 05/22/2007 12:20P Weld County, CO
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a)oo7-,/36S
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto. \
\ � Eb (441°5)
Micha I M. Sud a, Ow r Susan L. Sudyka, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this__day of
, 2007, by Michael M.- -Sudan L. Sudyka, Owners.
Sipclyt4lq-
Witness my hand and official seal.
-ol.✓ 4t),
Notary Public
! ♦
My commission expires: of-0te-oq I LEON WSIEVERS
NOTARY PUBLIC
C STATE Or COLORADO
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein. A
ATTEST: 1 �y� IE/Ica OUNTY OF WELD, STATE OF
1 // O, GRANTEE
•
:', ‘;2' I` 7-
Dep Cler o the Board ct"$. ' vid E. Long, Chaim , of County
e , -'.Commissioners.
MA 1 4 2007
Page 2 of 2 pages
1 111111 11111 111111 III' IIII 11111111 1111111111111 III1101
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EXHIBIT A
PROPERTY DESCRIPTION
(1 of 2)
A parcel of land, for temporary construction easement purposes, being a part of that
parcel of land described in that warranty deed (WD) recorded December 26, 1985 as
Reception No. 02037172 of the records of the Weld County Clerk and Recorder(WCCR)
and also being a part of 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:
The South Forty-five (45) feet of the North Sixty-four (64) feet of the West Twenty (20)
feet of the East Fifty (50) feet of said parcel of land described in said Reception No.
02037172.
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.
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34995
01
Stev :' '` •ehalf of King Surveyors, Inc.
Colorado ' =`'is�ered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295
M:\2004295\property descriptions\TCE-22-PROP-DESC.doc
Last printed 2/20/2007 9:11 AM
I 11111111111 MEI III MI 1111111111111 III 11111 IIII Jill
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EASEMENT I I S>5 NEY4 SEC. 12, MN., K.b6W.
I I
NOTE: This exhibit drawing is not intended (2 of 2)
to be a monumented land survey. It's I
sole purpose is as a graphic NORTH SIXTEENTH CORNER
representation to aid in the visualization BETWEEN SEC. 12, T.1N., R.68W. &
of the written property description which SEC. 7, T.1N., R.67W.
it accompanies. The written property
description supersedes the exhibit drawing.
LOT B LxVS
REAL COMPANY LLC
REC. NO. 2961743 I q I
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AYo 1467-12-1 RHRAD I
REC Rlia 18%1472
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900 sq.ft. 45' 2
20'
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A•81 Adr de SWAN L. SUMIC41
$c no O2237172
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30' RIGHT—OF—WAY PER
ACCEPTED ROAD VIEWER'S REPORT
DATED 4-17-1884
RECORDED 4-18-1884 B48 P109
-WOES' A. et BMW Z. BLANK
x+841 EEC ma 1762646
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EAST QUARTER CORNER
SEC. 12, T.1N., R.68W.
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o 34995 l
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50 25 0 50 • °
Steve ehalf of King Surveyors, Inc.
Colorado • Professional
1"= 50' Land Surveyor #34995
KING SURVEYORS, INC. DATEE002/NO�2 00295
650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-22—SUDYKA
www.kingsurvevors.com DRAWN: MCD CHECKED: SAL
111111111111111111 IIII IIII 1111111111111 III 11111 Ell IIII
3477494 05/22/2007 12:20P Weld County, CO
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