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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 R : ?id ;PL /9-,07-- (�(v -OS' -O -7 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 SE :1 d 8- X8- Oil UI 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 RIO III 3477492 05/22/2007 12:19P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 Page 2 of 2 pages 1111111 11111 IIII 11111111111111111 III 11111 Jill 1111 3477492 05/22/2007 12:19P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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 3477492 05/22/2007 12:19P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello