HomeMy WebLinkAbout20070089.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 3 AND AUTHORIZE CHAIR TO SIGN -
RUSSELL AND ANNABELL NAPIER
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
Certain Improvements to Weld County Road 3 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 Russell and Annabell Napier, P.O. Box 204, Erie,Colorado 80516,commencing
January 1,2007,and ending December 31,2007,or upon the completion of construction,whichever
is sooner, 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 Certain Improvements to Weld
County Road 3 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 Russell and
Annabell Napier be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of January, A.D., 2007, nunc pro tunc January 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WE1 OUS
, 79RADO
�ATTEST: � a O'/
David E. Long, Chair
Weld County Clerk to the Board ✓
2L .L1 ,✓
� � �� Wi is . Je[ke �ro- m
BY: C� ) ,
Deputy Clerk to the Board
Willi aAy F. Garcia
AP PRO� AS :
Robert D. asden
ounty Attorney t'
Doug as adem her
Date of signature: ��° ��
2007-0089
EG0056
Co PccJ, /9-ft o/-0z7-o7
reLi'
st MEMORANDUM
TO: Clerk to the Board DATE: 1/2/2007
FROM: Leon Sievers, Right-of-Way Agent
COLORADO
SUBJECT: Agenda Item
Temporary Construction Easement for WCR 3 with Russell L. and Annabell E. Napier.
Enclosures
M:\Francie\Agend-Leon.doc
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2007-0089
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Russell L and Annabell E. Napier, whose
address is PO Box 204, Erie, Colorado 80516, 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 10th 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 extra grading and shaping of the roadway ditch during the construction of
improvements to Weld County Road#3, 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 January 1, 2007, and
shall expire and be of no further force or effect on December 31, 2007, or the
completion of construction, which ever is sooner.
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 Five Hundred and no/100 ($500.00)
dollars for the execution of this Temporary Construction Easement.
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
111111111111111111111111111111111 EMI 111111111
3449267 01/18/2007 11:22A Weld County, CO
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Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
tag,
el-yEtizazzAi
� �sell L. Nape abell E. Napier
STATE OF COLORADO )
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this(9(,)16 day of
,QP.CP.C71�',r , 20 ID, by Russell L. Napier and Annabell E. Napier, Owners.
Witness my hand and official seal. '
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My commission expires: 9I�ij/do ro SO" +o
4JfOFG��
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: ,et00 �' N LINTY OF WELD, STATE OF
sir/ ORADO, GRANTEE
Deputy Cle c to the Board & ' ./Pavi . Long, Chairman, :o..d of County
Commissioners.
J 0 [uu1
Page 2 of 2 pages
1 11111111111113 111111113 MIEN MIEN 1111
3449267 01/18/2007 11:22A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
a7ci 7-6 oPy
EXHIBIT " A"
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING A PORTION OF
LANDS DESCRIBED AT RECEPTION NO. 2796627, FILED IN THE WELD COUNTY CLERK
AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, ASSUMED TO BEAR NOO'O2'2O"W A DISTANCE OF 2678.54
FEET, FROM A 3.25" BRASS CAP FOUND AT THE WEST QUARTER CORNER OF SAID
SECTION 17, TO A 3.5" BRASS CAP FOUND AT THE NORTHWEST CORNER OF SAID
SECTION 17;
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF
SECTION 7, SAID POINT BEARS N89'14'47"W ALONG SAID SOUTH LINE, A DISTANCE
OF 30.07 FEET FROM SAID NORTHWEST CORNER OF SECTION 17;
THENCE CONTINUING N89'14'47"W ALONG SAID SOUTH LINE, A DISTANCE OF 10.01
FEET; THENCE NO3'O7'O9"W A DISTANCE OF 118.66 FEET; THENCE N86'52'51"E A
DISTANCE OF 9.99 FEET; THENCE SO3'O7'O9"E A DISTANCE OF 119.34 FEET TO THE
POINT OF BEGINNING; WHENCE SAID WEST QUARTER CORNER OF SECTION 17 BEARS
SOO'4O'55"E A DISTANCE OF 2679.12 FEET;
SAID PARCEL CONTAINS 1 ,189 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
• O
'RISTOPH;' eJa 31158 DATE
FOR AND • ?HAM ;'F' '°SION SURVEY & MAPPING, INC.
ih\NA! NO_=.
1 IHIIII 11111 VIII 11111111111 11111111111 III 11111 IIII I11I
3449267 01/18/2007 11:22A Weld County, CO
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SHEET 1 OF 2
EXHIBIT MAP "A"
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IT1N, R68W, 6TH P.M.
TEMPORARY I M LINE TABLE
CONSTRUCTION
EASEMENT I ct LINE BEARING DISTANCE
1,189 SQ. FT. ± I 3 L1 L2
N89'14'47"W 10.02'
NO3'07'09"W 118.66'
L3 N86'52'51 "E 10.00'
N J I L4 S03'07'09"E 119.34'
7 I
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MTN NATURAL
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9 EASEMENT POINT OF
iiig. -r. i BEGINNING
o°C NW COR. SEC. 17 WC R 1 0
�0"S T1N, R68W, 6TH P.M.
mi al FOUND 2.5" ALUM CAP
g a NOT ACCEPTED
S. LINE SE1/4 SEC. 7
c c _ _ - N89'14'47'W — _
— — _ __.0t 0 L1 30.07'(TIE)
i32 NE1/4 SEC. 18 I I v NW COR. SEC. 17 NW1/4 SEC. 17
MEM CD I I in T1N, R68W5 6TH P.M. T1N, R68W, 6TH P.M.
�Ny T1 N, R68W, 6TH P.M. I I '6 FOUND 3.5' BRASS CAP
fro I I N I E
�oo ' PROPOSED— I °� 1.) PARCEL OWNERSHIP IS BASED ON THE
e>_N TEMPORARY I I 00 RCORDS OF THE COUNTY ASSESSOR.
—eoo CONSTRUCTION I I 2.) ACCORDING TO COLORADO LAW, YOU MUST
��c EASEMENT I I v�-i COMMENCE ANY LEGAL ACTION BASED UPON
a G I II m M ANY DEFECT IN THIS SURVEY WITHIN THREE
aw 4c
10' UREA
a t- EASEMENT I I YEARS AFTER YOU FIRST DISCOVER SUCH
to le DEFECT. IN NO EVENT MAY ANY ACTION
��al R91C764O2 II I ^ U BASED UPON ANY DEFECT IN THIS SURVEY BE
CO COMMENCED MORE THAN TEN YEARS AFTER
I I 0 THE DATE OF THE CERTIFICATION SHOWN
La
I I N HEREON.
150' P.S.C.O. EASEMENT I I < 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS
BK 629 REC. NO. 1551487 I I TO SHOW THE LOCATION OF THE
I I I z EASEMENT(S).
OWNER: I I o I w 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL
ci z AND VOID IF IT DOES NOT BEAR THE ORIGINAL
TALLGRASS INVESTORS, LLC. I I N =I SIGNATURE AND SEAL OF THE PROFESSIONAL
I I b 3 LAND SURVEYOR OR IF ALTERED IN ANY WAY.
O
W1/4 COR. SEC. 17 z
T1N, R68W, 6TH P.M. - EXHIBIT MAP "A"
�ry'((���(j��y��� (y���(��y� FOUN�Dp��ry'3�.2��15" BRASS CAP
41,
""'^"^• `^"'•" `� �""`I CHKD. BY J F.L SIC: 2 OF 2 WELD COUNTY ROAD 3
RUSSELL & ANNABELL NAPIER
1780 S. Bellaire St., Ste. 230 p4TE;09/29/06 Mpg 9.R6102 SEt/4 SEC. 7, TIN, R68W, 6TH P.M.
Denver, CO 80222 1'-30' 1.189 S.F.t
TEL•(303)753-9798 FAX:(303)753-4014 SCALE EA: COUNTY OF WELD, STATE OF COLORADO
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