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Home My WebLink About20072635 RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN-ANDORA INVESTMENTS, 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 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 Andora Investments, LLC, 1417 Rembrandt Road, Boulder, Colorado 80302, commencing October 1,2007 and ending October 1,2008,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 accept 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 Andora Investments, LLC, be, and hereby is, accept. 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 20th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLO DO ATTEST: ,,d, / � � 'fv id . Long, Chair Weld County Clerk to the Bo ?. ' I86I ti153“... tr •aa I iam . Jer -, o-Tem BY: Deputy Clerk to the Boar.� `\ S ,.. William F. Garcia APP AS TO F (.12— kpri Robert D. Mas en Linty Atto ey Coker rvrar2A Dougl s Rademach r Date of signature: GTY O7 2007-2635 EG0056 a MEMORANDUM Cigigge TO: Clerk to the Board DATE: 8/13/2007 FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Temporary Construction Easement with Andora Investments LLC for driveway construction to WCR 13 The appropriate documentation is attached. M:\Francie\Agend-Leon.doc s li z d h I 911 tool Sa3NUISSINN03 A1Nn03 013M 2007-2635 33i TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Andora Investments, LLC, a limited liability Company (Owner), whose address 1417 Rembrandt Road, Boulder, CO 80302 (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 purpose of driveway construction 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 October 1,2007, and shall expire and be of no further force or effect on October 1, 2008,or at the end of road construction,which ever is earlier. 2. During the teen 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 referred as TE-6A described in attached"Exhibit"A". 1111111 11111111111 III 111111 11111111111111111111 IIII I'll 3505331 09/19/2007 03:13P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aao' - a65 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. ANDORA INVESTMENTS, LLC,A LIMITED LIABILITY COMPANY By1.‘u.sr— . Title: AwJ4eranc. 4-44 y„ALG a sTATE OF COLORADO ) )ss COUNTY OF WELD ) ae The foregoing instrument was acknowledged before me this 3taday of 44/easy , 2007, by D L, µ,,,.)_, I as tilted Arne z Andora Investments,LLC, a limited liability company. Witness my hand and official seal. 21, a� Notary P lie / OFFICIAL SEAL My commission expires: s"' t. CAROLYN W. FINDLAY cin NOTARY PUBLIC ,,;, STATE OF NEW MEXICO My Comm.Bp. /- 8'-Q2-ei// GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: Mid ' F,446 UNTY OF WELD, STATE OF It RADO, GRANTEE tt Cut '0. X'vy,,A De ty Cle to the Board \ A id E. Long, Chai oard of County \ ommissioners. AUG 2 0 2007 1 Hip liIi! 111111 111111111111111111III11111IIii Iiii 3505331 09/19/2007 03:13P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o700 2- ab 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 16, 2004 as Reception No. 3244692 of the records of the Weld County Clerk and Recorder (WCCR), located in the Southwest Quarter (SW1/4) of Section Eighteen (18), Township One North (T.1N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The East Twenty-five (25) feet of the West Eight-five (85) feet of the North Forty-five (45) feet of the South One Thousand Two Hundred Forty-eight (1248) feet of that parcel of land described in said Reception No. 3244692. Said parcel contains 1,125 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 e and correct to the best of my knowledge and belief. c).•-.1 .N A S. ep c4 Q- • 34995 , cc-1 S >Mg Steven It-l° ehalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 21110191111911011 IIIIII!lll!i1!llj II IIIVIII IIII I unty, CO 3 of 4 R 0.00 D 0.00 Steve Moreno 00111171,1,111o! lerk& Recorder M:12004295\property descriptions\TCE-6A-PROP-DESC.doc Last printed 2/19/2007 10:52 AM TEMPORARY CONSTRUCTION I I ANDORA INVESTMENTS LLC EASEMENT SWY4 SEC. 18, T.1N., R.67W. Cpl , \\.. / WEST QUARTER CORNER Ju I , l � I (2 of 2) SEC. 18, T.1N., R.67W. / _tity' I � I I I I ARID JOHNSON IACONO FARM 1-LP O I \ REC %2R 324+691 O/ / AV I I I 45/ / o V O N i"---- 60' 25' II ..�.: / / 1,125 sq.ft. p J 1 / 120 50'PANHANDLE EASTERN P/PE LINE COMPANY 9 p EASEMENT.(5813 REC. NO. 1734646) p0 I I .ANWEA Sw .12/C RFC MO. 3244692 I / 60' RIGHT-OF-WAY DEED OF DEDICATION REC. NO. 3329945 ZII I 224012W® I I Li 1860 NO 29.29674 I I a O ON C WERE/S A 50'EASEMENT TO 4ESSELS CA5 PROCESSING AND I c I AMOCO PRODUCTION COMPANY FOR al THE TRANSPORTATION OF O/L, ETC 0 I I /N THE Snit OF SEC. 1B, T.1N., 0 ° o R.67N' LOCATION CANNOT SE o m O I I DETERMINED FROM DEED.(8743 REC. .c o a V I NO. 1664699) _ D` o, C4,. ., �\ J o.0a `� '`; -•",./� T a - ; � 0 ' y NOTE: This exhibit drawing is not intended t? ��, `.� Oept .a. o I to be a monumented land survey. It's `E•�;J� CA p cc d i sole purpose is as a graphic1.,°,,,„,1 „ ,�.°, „f d o o I representation to aid in the visualization a O of thewritten property description which °� )a pR .`''nn c N V' it accompanies. The written property ,T,0 co SOUTHWEST CORNER description supersedes the exhibit drawing. VW SEC. 18, T.1N., R.67W. WELD COUNTl'ROADNO. 8 CEN SEC. C R QUARTER CO 67W iltrICING SURVEYORS, INC. PROJECT 02/13/2007 O 95 T - ^ i - ' • ' - ' • ) 80550 CLIENT:FHU I IIIIII 11111111111 III EMI 111111 MIIII 11111111111 1111lilt1It 5821 DWG:TCE-6A-AN DORA INVESTMENTS 3505331 09/19/2007 03:13P Weld County, CO DRAWN: MCD CHECKED: SAL 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello