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Home My WebLink About20072190.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - ANDRE CIARAVOLA 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 Andre Ciaravola, P.O. Box 66, Frederick, Colorado 80530, 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 Andre Ciaravola be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2007-2190 EG0056 (ro /-160/ , /We_ 0%707 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 1st day of August, A.D., 2007. OARD OF COUNTY COMMISSIONERS Mid COUNTY, COLORADO ATTEST: ? +�"1 •. 0 e . Long, Chair Weld County Clerk to the Board BY: lam Q1h _(Of ti '' 1T Je Te Deputy Clerk to the Board illia�r Iv 4— AP AST Robert D. Masden ounty Attorney Dougla 2f1ademac er $—I .5-n0 7 Date of signature: 2007-2190 EG0056 MEMORANDUM 1 TO: Clerk to the Board DATE: 7/26/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Temporary Construction Easement with Andre Ciaravola for improvements to WCR 13. The appropriate documentation is attached. M:\Francie\Agend-Leon.doc p� \r H SZ :3 d LZ lnr L001 SL3NOiSS k 03 AiNnoo 013M 2007-2190 • 223 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Andre Ciaravola, whose address is P.O. Box 66, Frederick, Colorado 80530, 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 1111111 11111 111111111111 III 111111 111111 III I1I1I IIII IIII 3498223 08/20/2007 01:19P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder acl,7,ai 9e, 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. /thee/ ( 7Qi/dv Andre Ciaravola, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) e foregoing instrument was acknowledged before me this /5 day of , 2007, by Andre Ciaravola, Owner. ,oicit‘ DA fitness my hand and official seal. (� 3 ot'ary Public 'rF••.C/Bt .r commission expires: rid 71 cPerl pf Cp\- My Commission Expires NOVEMBER 18.2009 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: tauil /I z' gi OUNTY OF WELD, STATE OF V 1s61 I ADO, GRANTEE oa if ...��:=� t 1. Deputy Clerk to the Board �y \;'I'avid E. Long, Chairman, Bo of of County Commissioners. AU , 0 1 2007 Page 2 of 2 pages 1 111111 11111 111111 111111 III 111111 111111 III 11111 1111 IIII 3498223 08/20/2007 01:19P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Goo7- G/9O • PROPERTY DESCRIPTION (1 of 2) A parcel of land, for temporary construction easement purposes, being part of that parcel of land described in that Warranty Deed (WD) recorded April 6, 1987 as Reception No. 02094679 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southeast Quarter (SE1/4) of Section One (1), 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 West Forty-four and Fifty - Hundredths (44.50) feet of the East Seventy-four and Fifty - Hundredths (74.50) of the South Fifty-eight (58) feet of that parcel of land described in said Reception No. 02094679. Said parcel contains 2,581 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. " 34995 `Z Zoos Steve ur... "tifrl:ehalf of King Surveyors, Inc. Colorado Tgistered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Wi 1111111 11111IIII 11111111111111 HI III III MI IIII Windsor, Colorado 80550 (970) 686-5011 3498223 08/20/2007 01:19P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder JN: 2004295 M:\2004295\property descriptions\TCE-35-PROP-DESC.doc Last printed 2/22/2007 2:16 PM TEMPORARY CONSTRUCTION ANDRE CIARAVOLA EASEMENT SE% SEC. 1 , T.1N., R.68W. 4 / �0 0. / a Mt a 190°)///// CENTER QUARTER CORNER I 1/// SEC. 1, TAN., R.68W. _54 EAST QUARTER CORNER SEC. 1, T.1N., R.68W. ANEWE CURAKdrA 44.50' Ra AU 023109 58' I 2,581 sq.ft.---a ;Vii 30' RIGHT-OF-WAY I c PER ACCEPTED ROAD VIEWER'S REPORT I 1 Q DATED 4-17-1884 RECORDED 4-18-1884 648 P109 I tq I I Rt29 rS I A.LtEPA K EILM77T la AU 27262 OI � I 100 50 0 100 I 1 "= 100' I I I Z- I SOUTHEAST CORNER I SEC. 1, T.1N., R.68W. tic // (Cu.' ._'� ,•& QG'+ NOTE: This exhibit drawing is not intended °I�� : to be a monumented land survey. It's { -a it 34995 � tr. —Caen sole purpose is as a graphic representation to aid in the visualization , , of the written property description which Co '' .. v it accompanies. The written property LA description supersedes the exhibit drawing. Steven -:.6k' behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor #34995 (2 of 2) KING SURVEYORS, INC. PROJECT NO:2004295 'TE: 02/13/2007 ' 6 HU 1111111 IIIII IIIIII IIIIII III IIIIII IIIIII III1111111111111 "o:T CE-35 ENT E —CIARAVOLA 3498223 08/20/2007 01:19P Weld County, CO 1WN: MCD CHECKED: SAL 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Hello