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Home My WebLink About20071573.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - RICHARD AND BETTY LOU ROOS 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 Richard and Betty Lou Roos, 3525 WCR 13, 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 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 Richard and Betty Lou Roos be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2007-1573 EG0056 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 4th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS ! 7:a IL. l ,q, pE OUNTY, COLORADO add ` ' * ATTEST: ' c1/4Q �c E. Long, Chair Weld County Clerk to the Bo e 'sf 1 �' � illiam rk P -Tem BY: Itet Jail �^F � _.-.,C D ity CI do to the Boar Will \Garcia ED A k V 1W�/ Robert D. Masden C Linty Attorney � Qi, � t✓ I Douglas ademach r Date of signature: (0111 it 2007-1573 EG0056 rit, L• MEMORANDUM TO: Clerk to the Board DATE: 5/24/2007 C. COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Temporary Construction Easement with Richard J. and Betty Lou Roos for improvements to WCR 13. Enclosures M:\Francie\Agend-Leon.doc (7AIPOTI EE :Z d SZ Anw Mt Sei3N01SS;NNC'3 AINf1o3 013Nl 2007-1573 352 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Richard J. & Betty Lou Roos, whose address is 3525 WCR 13, 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 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 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 One Thousand Two Hundred and no/100 ($1200.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 page 111111111111 111111 11111 111111 111 1111111 III 11111 III) IIII 3485352 06/22/2007 01:51P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a ,C 9— /S2,3 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.7ichar . o wner Bethoos, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this„ L� day of 1y--h 0 I , 2007, by Richard J. & Betty Lou Roos, Owners. Witness my hand and official seal. ( 1 �, Notary P4blic � My commission expires: I MY COMMISSION EXPIRES ON ,`,, , 0311312010 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. {� L'e L ATTEST: LAW = `COUNTY OF WELD, STATE OF 'd`' O. : ' IO, GRA EE'sal Vail PS ( t-rtyl, De j ty Cl lk to the Bo(\;0 4,.._ff ' t' e avid E. Long, Chairma , ,ft oard of County ?„s ; J - 'd Commissioners. UN 0 4 2007 Page 2 of 2 pages I 111111 Ill 1IlIli 11111 HI I III 1111111 III IIIII Ill 1111 3485352 06/22/2007 01:51P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c20M7 /523 EXHIBIT - A FOUR PARCELS OF LAND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, ALSO BEING PARTS OF THOSE PARCELS OF LAND DESCRIBED IN WARRANTY DEEDS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE ON DECEMBER 7, 1997, BOOK 816 UNDER RECEPTION #1737976 AND ON MARCH 6, 1996 UNDER RECEPTION #2479538, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TEMPORARY CONSTRUCTION EASEMENT#1 THE NORTH 45.0 FEET OF THE SOUTH 111.5 FEET OF THE WEST 25.0 FEET OF THE EAST 55.0 FEET OF SAID PARCEL DESCRIBED IN WARRANTY DEED UNDER RECEPTION #1737976. SAID EASEMENT CONTAINS 1,125 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT#2 THE SOUTH 45.0 FEET OF THE NORTH 115.0 FEET OF THE WEST 35.0 FEET OF THE EAST 65.0 FEET OF SAID PARCEL DESCRIBED IN WARRANTY DEED UNDER RECEPTION #1737976. SAID EASEMENT CONTAINS 1 ,575 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT#3 THE NORTH 40.0 FEET OF THE SOUTH 55.0 FEET OF THE WEST 25.0 FEET OF THE EAST 55.0 FEET OF SAID PARCEL DESCRIBED IN WARRANTY DEED UNDER RECEPTION #2479538. SAID EASEMENT CONTAINS 1 ,000 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT#4 THE NORTH 40.0 FEET OF THE WEST 25.0 FEET OF THE EAST 55.0 FEET OF SAID PARCEL DESCRIBED IN WARRANTY DEED UNDER RECEPTION #2479538. SAID EASEMENT CONTAINS 1,000 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTIONS WERE PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM SAID WARRANTY DEEDS. FOR AND BEHALF OF WELD COUNTY COLORADO p,UWnlnNii cvP QREpi/', ` •:pN • . W. S/ :,p •.=-17F v - LEON W. SIEVERS PLS 23520 =�zS�, P352• 0 o ''. .. •. I IIIIII VIII IIIIII VIII IIIIII IIIt-r4i 1111111 III VIII IIII IIII 3485352 06/22/2007 01:51? Weld County, Co 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder WELD COUNTY ID PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 3 DRAWN: JHB SHEET TEMPORARY CONSTRUCTION EASEMEN7 OWNER: RICHARD & BETTY ROOS DATE: 5/11/07 COLORADO EXHIBIT SCALE: 1"=100' 1 1 OF 2 TEMPORARY CONSTRUCTION EASEMENT NORTHEAST QUARTER SECTION 13, -TOWNSHIP I NORTH- RANGE 68 WEST NORTHEAST CORNER S13--T1N-R68W 25' T.C.E. #4 $ RICHARD J. &BETTY L. o ROOSto I RECEPTION#2479538 T.C.E. #3 $. 1 25' 10 It I I 30' ROW M ti RICHARDJ.&BETTY!. I t ROOS I 100 50 0 100 O Q SCALE: 1"--=100' I • 0 IN TEMPORARY CONSTRUCTION EASEMENT 1 --- 3335'5' T.C.E. #1 25'x45' 1,125 sq.ft. T.C.E. #2 141: T.C.E. #2 35'x45' 1,575 sq.ft. RICHARD J. &BE77YL. 11r T.C.E. #3 25x40' 1,000 sq.ft. ROOS N T.C.E. #4 25'x40' 1,000 sq.ft. RE CEP l P'TI0N#1737976 2 ! \O"1 I I I I N 111// S/ 9F T.C.E. #1 aE Ot- �(N -I 25' =, 6.-1 5Y-o7 • NOTE: THIS EXHIBIT MAP DOES NOT t REPRESENT A MONUMENTED LAND SURVEYI OR LAND SURVEY PLAT. IT IS INTENDED EAST QUARTER CORNER TO ILLUSTRATE THE ATTACHED LEGAL S13--T1N-R68W DESCRIPTION ONLY. l� 1 111111 VIII 111111 11111 111111 III 1111111 III MIME' 3485352 06/22/2007 01:51P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder WELD COUNTY "ilkPUBLIC WORKS DEPARTMENT_WELD COUNTY ROAD DRAWN: JHB SHEET TEMPORARY CONSTRUCTION EASEMENT OWNER: RICHARD & BETTY ROOS DATE; 5/11/07 - COLORADO EXHIBIT MAP SCALE: I"=100' 2 OF 2 Hello