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HomeMy WebLinkAbout20073445.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - EDWARD AND LINDA GRENEMYER 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 Edward and Linda Grenemyer, 4804 County Road 13, Dacono, Colorado 80514, commencing October 15, 2007, and ending October 15, 2008, or at 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 Edward and Linda Grenemyer, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2007-3445 EG0056 00 , 1 w, IL 4-1*-- 1,-162'7107 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 7th day of November, A.D., 2007, nunc pro tunc October 15, 2007. BOARD OF COUNTY COMMISSIONERS W t{ COUNTY, COLORADO ATTEST: 0 tc /�/ 'l/v �/ Ell, vid E. Long, Chair Weld County Clerk to the Boar / 1861 F ':4 ‘acm H. J rk , Pro-Tem BY: ci2 lats �, Deputy .- k to the Board ( -- < i illiam F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden C my Att ney � ���� u6glas Rademacher Date of signature: //_0?d- 7 2007-3445 EG0056 MEMORANDUM WIID TO: Clerk to the Board DATE: 11/2/2007 Co FROM: Leon Sievers, Right-of--Way Agent COLORADO SUBJECT: Agenda Item Temporary Construction Easement Agreement with Edward R. and Linda S. Grenemyer for improvements to WCR 13. M:\Francie\Agend-Leon.doc cc i E C ' 7 W O 2007-3445 833 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Edward R. &Linda S. Grenemyer, (Owner), whose address 4804 Weld County Road 13 Dacono, CO 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 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 15, 2007, and shall expire and be of no further force or effect on October 15, 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 reimburse Grantor the sum of FIVE HUNDRED FIFTY and 00/100 ($550.00)Dollars for the execution of this Temporary Construction Easement referred as TE 26 described in attached Exhibit A. 6. County agrees to compensate the Owners the sum of$500.00 for landscaping plants,rocks and miscellaneous sod replacement. 7. County agrees to replace, relocate 4 ft. chain link fence and maintain enclosure during construction. 11111111111111111111111111111111111111 III 1111111111111 3519833 11/28/2007 02:04P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :/CC'7 ,�v v5 • 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. OWNERS: EDWARD R. & LINDA S. GRENEMYER Cie 0 By: cced z \y-ui-fr-teirt/e B 'i "nC y'� STATE OF COLORADO ) )ss COUNTY OF WELD )The foregoing instrument was acknowledged before me this)94k day of( '/0 i(+ AE& , 2007, by Edward R. Grenemyer&Linda S. Grenemyer. Wi ' d and official seal. St ,,,0 Notary Public Nalaip" Aires: ,4--) 3 :3 C C 1 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ) ; '' / ATTEST: ' ✓ /� , COUNTY OF WELD, STATE OF o-„�;, �'(/ � � O, GRANTEE D u Cle to the Board ,:"-"': David E. Long, Chairman, d of County '" Commissioners. Y %'' om NOV 0 7 2007 111111111111111111111111111111111111111 111111 1111 'III 3519833 11/28/2007 02:04P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aiY-35/95 EXHIBIT - A A PARCEL OF LAND, LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #2694373, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE WEST LINE OF SAID QUARTER AS BEARING SOUTH WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH ALONG SAID SECTION LINE 905.5 FEET; THENCE EAST 30.0 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING; THENCE CONTINUING EAST A DISTANCE OF 60.0 FEET; THENCE SOUTH A DISTANCE OF 30.0 FEET; THENCE WEST A DISTANCE OF 55.0 FEET; THENCE SOUTH 80.0 FEET MORE OR LESS TO THE NORTH RIGHT—OF—WAY LINE OF THE BULL CANAL a.k.a. STANLEY DITCH; THENCE WEST ALONG SAID NORTHERLY RIGHT-OF-WAY 5.0 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 13; THENCE NORTH ALONG SAID RIGHT-OF-WAY A DISTANCE OF 110.0 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,200 SQUARE FEET 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. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DOCUMENTS RECORDED UNDER RECEPTION #2694373 1 111111 11111111111 11111 11111 1111111111111111111 IIII 101 3519833 11/28/2007 02:04P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder rit;::\\\ WELD COUNTY 1 PUBLIC WORKS DEPARTMENT ll �D� WELD COUNTY SHEET TEMPORARY CONSTRUCTIONROAD EASEMENT73 DRAWN: JHB OWNER: EDWARD R. & LINDA S. GRENEMYER DATE: 10/3/07 1 of COLORADO EXHIBIT -A TEMPORARY CONSTRUCTION EASEMENT NW1/4 S7-T1N-R67W I j I ' NORTHWEST CORNER PAUL LARRYLAFQ3 AW n S7-T1N-R67W xi RECD. #11617043 POINT OF COMMENCEMENT: m j ) j R N. 30' 'e lif M �o BtWARDR It j P.0.B.~ ICP. #2#269073 Q P.0.8. 60' R$ 2,200 sf. o 50 25 0 50 I 55' '{�I TEMPORY trk1 O o CONSTRUCTION Scale: 1" = 50' U EASEMENT q o �/ __ m i I W / =c c c cie ANLE4 d 5' N U _ CA1) --- C — d C � j 0.1 f 0 y �� ..N j C G G / I/ N -NO , r • 0 ' I -ACC ------ EL r CO.- a v j WEST QUARTER CORNER vZS7-T1N-R67W 4PtCl::;%;::;\\ WELD COUNTY PUBLIC WORKS DEPARTMENT j VUD�i WELD COUNTY ROAD 13 DRAWN: 1JHB 0/ SHEET TRMPODARY CONSTRUCTION EASEMENT DATE: 10/3/07 OWNER: EDWARD R. & LINDA S. GRENEMYER /'/� COLORADO EXHIBIT MAP SCALE: 1"=100' 2 OF Hello