HomeMy WebLinkAbout20071363.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN-CURTIS AND CELESTE
HURD, JR.
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 Curtis and Celeste Hurd, Jr. 4505 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 Curtis and
Celeste Hurd Jr., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2007-1363
EG0056
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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.
BOA OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTEST: iaudi �!/I/ .���� O' ��� 1��J c . FJ A_
E `vid E. Long, Chair
Weld County Clerk to the Boat
///,, USED
BY: t(4;667777 1-I. ,Jer Pro-Tem
Deputy CIAfk to the Board`s I / c
m� . Garcia
AP D AS T Y � c V\\4--Y
Robert D.(6C-S7
�1 A
ounty Attorney J� (6 no N f w\PO 1��1,�'
/T7 ouglas ademacheer
Date of signature: v /
2007-1363
EG0056
L-14% :
MEMORANDUM
CTO: Clerk to the Board DATE: May 8, 2007
•
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Temporary Construction Easement with Curtis F. Hurd,Jr. and Celeste G. Hurd for
improvements to WCR 13
The appropriate documentation is attached.
M:\Francie\Agenda Ilem.doc
03,13°38
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2007-1363
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Curtis F. Hurd Jr. & Celeste G. Hurd,
whose address acono, rado 14, Granr and the County of body corporate land politic of the s 4505 WCR 13, DState of Colorado,o byy5and through its Board of ountyVeld, a
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
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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.
F7 A71 fi
Curtis F. Hurd Jr., Owner Celeste G. Hurd, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this y day of
Iv\It , 2007, by Curtis F. Hurd Jr. & Celeste G. Hurd, Owners.
Witness my hand and official seal. 9, /
otary Public
•
My commission expires: O 8-o t>-O ? o LEON VI SIEVERS i
I NOTARY PUBLIC S
ro STATE OF COLORADO
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: • COUNTY OF WELD, STATE OF
c _ �� CO O, G T
1
D- ty Cle to the Boar David E. Long, Chairman, B d of County
°UN Commissioners. MAY 1 4 2007
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1111111 11111 IIII 11111111111111111 III 11111 Jill 1111
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07oa7-/363
EXHIBIT A
PROPERTY DESCRIPTION
(1 of 2)
Two parcels of land,for temporary construction easement purposes,being parts of those parcels of land
described in that quit claim deed (QCD) recorded November 22, 1989 as Reception No.02198140 of the
records of the Weld County Clerk and Recorder(WCCR), located in 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:
North Easement
The South Fifty (50) feet of the North One Hundred One (101) feet of the West Twenty (20) feet of the
East Fifty (50) feet of that parcel of land described in said Reception No. 02198140.
Said parcel contains 1000 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.
South Easement
The South Forty-five (45) feet of the North Two Hundred Thirty-eight and Fifty-Hundredths (238.50)feet
of the West Fifteen (15)feet of the East Forty-five (45) feet of that parcel of land described in said
Reception No.02198140.
Said parcel contains 675 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.
•
•
•
OO1
Steve ' ' --' o of King Surveyors,Inc.
Colorado .fessional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
M:\2004295\property descriptions\TCE-19+20-PROP-DESC.doc
Last printed 2/19/2007 4:58 PM
111111111111111111 III' IIII IIIIIIII IIIII III IIIII IIII IIII
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I LMrURMR l OUIMOI MUU I IUIN . .......-
EASEMENT SY2 NEY4 SEC. 12, T.1N., R.68W.
- (2 of 2) I
x. .A. a AFMAM L. X' NORTH SIXTEENTH CORNER I
BETWEEN SEC. 12, T.1N., R.68W. &
13841 1a C MO. 17✓ 46 SEC. 7, T.1N., R.67W.
51' I
I
20'
1,000 sq.ft. 50'
i i
50 25 0 50
193.50' I
1 "= 50'
92.50'
CUR F s � a LOS . . a 0
�T �: .m. & E a D L
a ma 02198140 I
T L
— I-15 O
675 sq.ft. 45' V
NOTE: This exhibit drawing is not intended I
to be a monumented land survey. It's
sole purpose is as a graphic
representation to aid in the visualization I
of the written property description which I
it accompanies. The written property
description supersedes the exhibit drawing. I
rvGQ Htv .,
v;--.�N A •l� 30' RIGHT—OF—WAY PER
a ACCEPTED ROAD VIEWER'S REPORT
DATED 4-17-1884
$4995, 0 0 --7 RECORDED 4-18-1884 B48 P109
S I
p I I
Steven `ehalf of King Surveyors, Inc.
Colorado Re Professional
Land Surveyor #34995
I
.22`71COAT® 70Q01), Ln'I EAST QUARTER CORNER
E'2' MO. 3224956 SEC. 12, T.1N., R.68W.
I I 7
KING SURVEYORS, INC. PROJECT NO:2004295
DATE: 02/13/2007
650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-19&20—HURD
Atli VIII RHINO IIII IIII IIIIIIII VIII III HIM IIII DRAWN: MCD CHECKED: SAL
3477492 05/22/2007 12:19P Weld County, CO
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