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Home My WebLink About20072875.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - SHIRLEY LANDWEHR 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 Shirley Landwehr, P.O. Box 172, Dacono, Colorado 80514, commencing August 1, 2007, and ending December 31, 2008, or of 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 Shirley Landwehr be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easement. 2007-2875 EG0056 (in it ftu 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 10th day of September, A.D., 2007, nunc pro tunc August 1, 2007. ate` BOARD OF COUNTY COMMISSIONERS ��\, WEL OUNTY, COLORADO • ATTEST: &4/;4 , 1 ;; 4) 1 •-4, Jl CC- CAP\/ David E. Long, Chair Weld County Clerk to the :G ' D ,,�,� William Je ke, Pro-Tem BY: r/i hard ( � h lr /� De.�y Cler o the Board ( (, � (/( !C� William F. Garcia "- � ED f :" FO. EXCUSED l Robert D. Masden County •orney (a ,e_w zo/49' ouglas Radede macher Date of signature: 61I3NI b 7 2007-2875 EG0056 taise: MEMORANDUM III D TO: Clerk to the Board DATE: 8/30/2007 • FROM: Leon Sievers, Right-of-Way Agent COLORADO SUBJECT: Agenda Item Temporary Construction Easement for improvements to WCR 13 with Shirley Elizabeth Landwehr The appropriate documentation is attached. M:\Francie\Agend-Leon.doc a3A13O3 Si :l d E 9i1v loot S03 ).1H110O 4 3M 2007-2875 911 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Shirley Elizabeth Landwehr, whose address is P.O. Box 172, 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 1111111 11111 111111 IIII 1111111 III IMAM VIII IIII IIII 3507977 10/01/2007 03:10P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c DO 7- O7 ?9--t 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. P5 ba� . htrley Elizabeth Landwehr, Owner STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 9B-th day of n I�fU@U6t , 2007,by Shirley Elizabeth Landwehr, Owner. Witness my hand and official seal. J.A9Ati, Notary Public -t? ;9 a.I My commission expires: Mgoommiesion Expires July17,woe u, .. o° F OF GOB GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: Mid:. do COUNTY OF WELD, STATE OF trovirr O RADO, GRANTEE CNut;sg O4 A / &41Dety Cl: to the Board \I/, i , I David E. Long, Chairman, B d of County Commissioners. 09/10/2007 Page 2 of 2 pages 1 111111 11111 111111 IIII 1111111 III 1111111 111 11111 IIII Ill 3507977 10/01/2007 03:10P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a70o7- L P7S EXHIBIT A PROPERTY DESCRIPTION (1 of 2) A parcel of land, for temporary construction easement purposes,being part of that parcel of land described in that Warranty Deed (WD) recorded May 18,1977 in Book 798 as Reception No. 1719581 of the records of the Weld County Clerk and Recorder(WCCR),located in the Northwest Quarter (NW1/4) of Section Seven (7),Township One North (T.1N.), Range Sixty- seven West (R.67W.) of the Sixth Principal Meridian (6ih P.M.), County of Weld, State of Colorado, and being more particularly described as follows: The East Twenty-five (25) feet of the West Fifty-five (55) feet of the North Forty-five (45) feet of the South Seventy-six (76) feet of that parcel of land described in said Reception No. 1719581. Together with: The East Ten (10) feet of the West Forty (40) feet of the South One Hundred Sixty-eight (168) feet of the North One Hundred Ninety-eight (198) feet of that parcel of land described in said Reception No. 1719581. And together with: The East Eighty (80) feet of the West One Hundred Twenty (120) feet of the South Ten (10) feet of the North Forty (40) feet of that parcel of land described in said Reception No. 1719581. Said parcel contains 3,606 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 correc a of my knowledge and belief. • ' Zoo1 Steve � _. '' of King Surveyors, Inc. Colorad essional Land Surveyor 4995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004295 M:\2004295\property descriptions\TCE-28-PROP-DESC.doc Last printed 2/22/2007 10:30 AM llllll illll lllill Ill! Illllll III IIIIIII III I'll! IIII IIII 3507977 10/01/2007 03:10P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I L VIFUFW-%r\I I.VIVJ I RUL'I ww -. ....--. --.-. .--.. . _ .. ._ .._. .. . EASEMENT NWY4 SEC. 7, T.1N., R.67W. (2 of 2) II II I - - - - f- - I 10' UNION RURAL ELECTRIC ASSOCIATION EASEMENT.(8729 REC. NO. 1650555) L - NORTH QUARTER CORNER SEC. 7, T.1N., R.67W. NORTHWEST CORNER SEC. 7, T.1N_, R_67W.-----....% WELD COUN7YROADNO. 12 - - - - - 10• 1��80' - - - - - f- t NOTE: This exhibit drawing is not intended to be 30' R.O.W. PER WELD COUNTY RESOLUTION a monumented land survey. It's sole purpose is 168' DATED 10-12-1889 ALSO PER ACCEPTED as a graphic representation to aid in the I ROAD VIEWER'S REPORT DATED 7-8-1890 visualization of the written property description 10' which it accompanies. The written property description supersedes the exhibit drawing. I 3,606 sq.ft. I /0' UN/ON RURAL ELECTR/C ASSOC/ANON EASEMENT.(REC. NO. 02162598) -45' $) ' ; I 2s' �IRIl g�7R7/7H! 0 �C MO. a7a9�t I -31' PAUL LARRY I.47`JI�114BFA8 0 8929 RB�G 1401 1& Wt9 et.) 130' RIGHT-OF-WAY PER ACCEPTED ROAD VIEWER'S REPORT 100 50 0 100 DATED 4-17-1884 II RECORDED 4-18-1884 848 P109 1 "= 100' I "Mt -n f-:.:,.,:„. v,, EN, I WEST QUARTER CORNER d.'�C G'12 Fir SEC. 7, T.1N., R.67W. e, -o ' 34995 1-Zoo-. Clr ao Steven A. L n behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor #34995 KING SURVEYORS INC. PROJECT NO:2004295 DATE: 02/19/2007 650 Garden Drive I Windsor,Colorado 80550 CLIENT:EHU phone: (970) 686-5011 I fax: (970) 686-5821 DWG:TCE-28—LANDWEHR DRAWN: MCD CHECKED: SAL 1111111 11111111111 uii 1111111 III 1111111 III 11111 IIII 1111 3507977 10/01/2007 03:10P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello