HomeMy WebLinkAbout20073295.tiff RESOLUTION
RE: ACCEPT TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - HOWARD AND IONE HALEY
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 Howard and lone Haley, 11302 Ebony Street, Firestone, Colorado 80504, commencing
October 1, 2007, and ending December 31, 2008, or upon 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 accept 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 Howard and
lone Haley be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2007-3295
EG0056
00 `. OW/ Pt-- tk 7 -O7
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 22nd day of October, A.D., 2007, nunc pro tunc October 1, 2007.
,----,---.4,,,
ARD OF COUNTY COMMISSIONERS
NTY, COLORADO
t ' 10ATTEST: ; ✓.,.... ,
g, Chair
Weld County Clerk to them
De Cle to the B I
William F. Garcia
AP AS 0,
Robert D. asden
ount torney 9 Q Ciln-S
( I Douglas(,Rademache
Date of signature: I I` 7/b l
2007-3295
EG0056
a
MEMORANDUM
ITO: Clerk to the Board DATE: 10/17/2007
• FROM: Leon Sievers, Right-of-Way Agent
COLORADO
SUBJECT: Agenda Item
Temporary Construction Easement with Howard E. and Ione D. Haley for improvements to
WCR 13.
M:AFrancieAAgend-Leon.doc
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2007-3295
132
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Howard E. & Ione D. Haley, whose
address is 11302 Ebony Street, Firestone, Colorado 80504, 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 EXHIBITS "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 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
MHO VIII111111VIII111111IIII111111IIIVIII llll IIII
3517132 11/13/2007 04:55P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
Att-Wri-er
Howard E. Haley, Owner Ione D. Haley, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this N"" day of
(Cklir , 2007,-by—Howaort Ioug D. Haley, Owners.
x.arke,\s-parivitkow
Wv e.vc( `doll-Doe oaf)
Witness my hand and official seal. c? '
\ / ,
at n t r:;
Notary Public
My commission expires:
My Commission Ezpirei 0,
09/19/2009
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: OUNTY OF WELD, STATE OF
��Jrt:: fp✓/' //1//,'.t.' itAD , GRANTEE
J,
1851
De ty Cle to the Boar y ; Y vid E. Long, Chairman oar of County
`: mmissioners.
OCT 2 2 TOUT
111111111111111111111111111111111111111 M IN 1111 IE
3517132 11/13/2007 04:55P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 2 of 2 pages
0M'2-Sa9e,
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 Quit Claim Deed (QCD) recorded July 9, 1975 in Book
743 as Reception No. 1664651 of the records of the Weld County Clerk and Recorder
(WCCR), located in the Northeast Quarter (NE1/4) of Section Thirteen (13), 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 North Forty (40) feet of the South Two Hundred Twenty-seven and Fifty -
Hundredths (227.50) feet of the West Twenty-one (21) feet of the East Fifty-one (51) feet
of said parcel of land described in said Reception No. 1664651.
Said parcel contains 840 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.
IR!? Fc^�ASTc
\IEN A,
CT;�� ^ �G• sn
34`99A5 - -Le),
Steven ehalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550 1 11111111111 111 111 11111 1111111111111111 III 11111 Oil IIll
(970) 686-5011 3517132 11/13/2007 04:55P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
JN: 2004295
MA2004295\property descriptions\TCE-13-PROP-DESC.doc
Last printed 2/19/2007 2:41 PM
EASEMENT NEYa SEC. 13, T.1N., R.68W.
(2 of 2)l....if
-- NORTH QUARTER CORNER
SEC. 13, T.1N., R.68W.i\i_ WELD COjJN7'YROADNO.10 NORTHEAST CORNER
SEC. 13, T.1 N., R.68W.
NOTE: This exhibit drawing is not intended to be
a monumented land survey. It's sole purpose is
THERE/S AN EASEMENT 70 AMOCO PR&OUCTTON I as a graphic representation to aid in the
COMPANY FOR TRANSPORTATION OF OIL, ETC /N ti I visualization of the written property description
THE M/2 OF THE M/2 OF THE NE1/4 O'SECAON 13, 0 I which it accompanies. The written property
TIN, R681*' LOCATION CANNOT BEDE1ERM/NED S. description supersedes the exhibit drawing.
FROM DEED.(8747 REC NO. 1664641)
—I ilk
WERE ARE EASEMENTS TO PANHANDLE EASTERN PIPE
LINE COMPANY FOR TRANSPORTATION OF 0/4 GAS I
ETC IN THE M/2 OF THE M/2 or 17/E M/2 OF I
SECTION AX T.1N., R.58N! L)7N6' EAST OF UPRR RO{Y. I
LOCATION CANNOT BE DEMERM/NED /ROW DEED(8872
REC NO 1795622 e' B890 REC NO. 181166J)
I �
30' RIGHT—OF—WAY I I I
PER ACCEPTED ROAD VIEWER'S REPORT
DATED 4-17-18841
RECORDED 4-16-1884 B48 P109 S'
40'— 100 50 0 100
21, F
I
840 sq.f 1"= 100'
HOWARD S MALEY A
MAW Et MALEY
28747 REC Alm .166469
187.50'I I
I
TAMARA AR:BRRIS e 34995 `i ?Cr-cl
LOT r RE—M27 EAST QUARTER CORNER • f;
F C NO 327ifM SEC. 13, T.1N., R.68W. I I ''•2
Steven A. alf of King Surveyors, Inc.
Colorado Re rofessional
Land Surveyor #34995
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-13—HALEY
www.kinesurvevors.com DRAWN: MCD CHECKED: SAL
1111111 11111 111111 11111111111 IIII 111111 III 11111 IIII IIII
3517132 11/13/2007 04:55P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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