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HomeMy WebLinkAbout20071364.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - JAMES AND EMMA BLANK 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 Weld 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 James and Emma Blank, 4535 Weld County Road 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 Weld 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 James and Emma Blank be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2007-1364 EG0056 C�' : )/ L 06 -0V-0J TEMPORARY CONSTRUCTION EASEMENT -WCR 13 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2007. BOAR F COUNTY COMMISSIONERS WELD LINTY, COLORADO ATTEST: 4,f4S/'4 EL?S c�C_ Long, Chair Weld County Clerk to the Board t�86 (i 0 'ED �, H. Jer , -Tem BY: Deputy C - k to the Board ���(� •! %a:�.0? am F. Garcia APP gOAST • obert D. Masden ounty Attorney ouglas Plademacher 7 Date of signature: 5-17—O 2007-1364 EG0056 MEMORANDUM ' TO: Clerk to the Board DATE: 5/8/2007 C COLORADO FROM: Leon Sievers, Right-of-Way Agent SUBJECT: Agenda Item Temporary Construction Easement with James A and Emma L.Blank for improvements to WCR 13 Enclosures M:\F rand e\Agend-Leon.doc a3Ml3a3d SE Z d $- 1A IN S03 AINI1103 013M 2007-1364 • TEMPORARY CONSTRUCTION EASEMENT 493 A Temporary Construction Easement between James A. &Emma L. Blank, whose address is 4535 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 Three Hundred and no/100 ($300.00) dollars for the execution of this Temporary Construction Easement. Page 1 of 2 page HBO I I I 11111 I I I'll I I I I III I Minn I I 'll I I III 11111 III I II'I 3477493 05/22/2007 12:20P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,2i J—/<36 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. ames A. Blank, Owner Emma L. Blank, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this S day of fJ , 2007, by James A. & Emma L. Blank, Owners. �s A.M`M�`‘, a/ ' 6TA J I.', Witness my hand and official seal. I oS 1INV Notary PtAblic OF GO" My commission expires: /6/�'/ / 9 OCTOBER 4 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. T. s ATTEST: illudd f " i4',C COUNTY OF WELD, STATE OF 4/11 O"--A ,;\COL O, GRANTEE ISO '74'?� ,. t D p ty Cle to the Board Vat David E. Long, Chairman, Boa County WuN No<-\. Commissioners. AY 1 4 2007 Page 2 of 2 pages 1 111111 11111 111111 1111 11111111111111111II 1111111111101 3477493 05/22/2007 12:20P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 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 August 8, 1978 in Book 841 as Reception No. 1762646 of the records of the Weld County Clerk and Recorder (WCCR) and also being a part of the South Half of the Northeast Quarter (S1/2 NE1/4) of Section Twelve (12), 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 South Forty-five (45) feet of the North Sixty-five (65) feet of the West Twenty (20) feet of the East Fifty (50) feet of said parcel of land described in said WD. Said parcel contains 900 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. RCC'(tT ti ca . ' 34995 1 —Loon Steven behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 M:\2004295\property descriptions\TCE-21-PROP-DESC.doc Last printed 2/20/2007 8:55 AM 1313 11210121101. IIII'll'I'll'I"III " I347749 051112111Weld Cou03 of 4 R 0. 0 Steve Moreno I Lrvir viv,i\I l•vwJ 11\vv I'UPI EASEMENT Sk NEY4 SEC. 12, T.1 N., R.68W. , NOTE: This exhibit drawing is not intended (2 of 2) NORTH SIXTEENTH CORNER to be a monumented land survey. It's BETWEEN SEC. 12, TAN., R.68W. & sole purpose is as a graphic SEC. 7, T.1N., R.67W. representation to aid in the visualization of the written property description which I it accompanies. The written property description supersedes the exhibit drawing. AWCFd9EL M aft SWAN L. Sf20V Il 18C No. 02237172 I Itn 0 c 2+00'' � 1 20' ANK 900 sq.ft. 45' !• L. V 8841 AEC NO 176 2646 � [� I 30' RIGHT—OF—WAY PER I I \� ACCEPTED ROAD VIEWER'S REPORT I �S DATED 4-17-1884 RECORDED 4-18-1884 B48 P109 I CUR3iS F WHEW 019 alb SOBS L at CURT S F JR. a CELEST173 G &IL1FD PSC Not 0218140 I I I I citc.EAST QUARTER CORNER a SEC. 12, T.1N., R.68W. 34995 S! tcg i 50 25 0 50 �''� \CZ- Steve •,,. • i;rhalf of King Surveyors, Inc. Colorad an""rofessional 1 "= 50' Land Surveyor 34995 KING SURVEYORS, INC. PROJECT NO:2004295 er DATE: 02/13/2007 w. 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU 111111111I11111111 IIII IIII IIIIIIII VIII III I'll/ IIII IIII 21 DWG:—21—BLANK DRAWN: MCD CHECKED: SAL 3477493 05/22/2007 12:20P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello