HomeMy WebLinkAbout20061544.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 5 AND AUTHORIZE CHAIR TO SIGN - JACQUELINE
CLETCHER
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 5, 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 Jacqueline Cletcher, 20510 Weld County Road 5, Berthoud, Colorado 80513,
commencing upon full execution,and ending one year after commencement of construction, 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,ex-officio Board of Social Services,that the Temporary Construction Easement
for Improvements to Weld County Road 5, 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 Jacqueline Cletcher be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1544
EG0054
TEMPORARY CONSTRUCTION EASEMENT - WCR 5
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of June, A.D., 2006.
BOARD OF NTY COMMISSIONERS
�♦ ' Eta WELD C , COLORADO
ATTEST: ►, /, > �` rdu�/
1 =rJ'4�' M. eile, Chair
Weld County Clerk to th = - ♦�
u David E. Long, Pro-Tem
BY: •
Dep Clerk . the Board
WI m Jerke \\*
n
Rob D. Masd n
unty torney
Glenn Vaad
Date of signature: 1IJr(Dig
2006-1544
EG0054
4Ce'Lir
MEMORANDUM
COLORADO TO: Clerk to the Board DATE: 6/2/2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Jacqueline R. Cletcher for improvements to WCR 5.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
•
2006-1544
553 TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between JACQUELINE R. CLETCHER,
whose address is 20510 Weld County Road 5, Berthoud, Colorado 80513, 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 extra grading and shaping of the roadway ditch during the
construction of improvements to Weld County Road 5, 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. The Temporary Easement shall expire one year after commencement of
construction. Because of erosion control measures that may need repair from time to
time, the project will not be considered complete until the Storm Water Permit has been
signed off.
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 Easement, upon
completion of the Work, the Grantee agrees, at the Grantee's sole cost and expense, to
remove any of its remaining equipment and materials and to repair, replace, and restore
the Easement Property to a level substantially comparable to its original condition. The
repair, replacement and restoration work includes, without limitation, the repair or
replacement of any structures, driveways, fences, landscaping, utility lines, or other
improvements on the Easement Property that were damaged, removed or destroyed by
the Grantee.
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 reimburse Grantor the sum of FIVE HUNDRED and no/100
($500.00) dollars for the execution of this Temporary Construction Easement.
111111111111 11111 11 Olt 1111111 III 11111 IIII IIII
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6. Grantee will reimburse Grantor the sum of ONE THOUSAND SEVEN
HUNDRED FIFTY and no/100 ($1,750.00) dollars for the value of the custom mailbox
that will be removed due to the new road construction.
7. The parties acknowledge that the Grantor has irrigation facilities
consisting of an underground aqueduct system running the length of the easement in
proximity to the roadway construction project contemplated herein. The Grantee agrees
not to disturb said irrigation facilities. In the event said irrigation facilities are disrupted
or damaged by the roadway construction, the Grantee shall repair and/or replace said
facilities to a condition substantially the same as the existing condition and to the
Grantor's reasonable satisfaction.
8. The Grantee will provide access to the Grantors property via existing
driveways and to irrigation facilities including pumps and electrical service 24 hours per
day, 7 days per week for the duration of the construction project.
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.
NTOR: JACQUELINE R. CLETCHER
C1 UUl/
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
3 1 day of /14 AY , 206 by Jacqueline R. Cletcher, Grantor.
ess d and of eal. ,,, l''
No EC)
•
My commission expires: 0 //0/005
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tifOi rr COQ``
11111111111111111111111111111 III 1111111 III 11111 HAM
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P:\W ELDCNTY\C40#9A\Cletcher\TemporaryEasement_05-25-06.dcc
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: J I4/ / 'f �+4? COUNTY OF WELD, STATE OF
COLORADO NTEE
icett
De ty Cler to the :oard . J. Geile, Chairman, Board of
3'13 c' County Commissioners. JUN 1 2 2006
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o?ooeo-/s 5/7
EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the northwest One-Quarter and Southwest One-Quarter of
Section 21,Township 4 North, Range 68 West of the Sixth Principal Meridian, County of
Weld, State of Colorado and more fully described as follows:
Commencing at the Northwest corner of said Section 21, from whence the West One-
Quarter Corner of said Section 21 bears S00°08'53"E,with all bearings contained herein
relative thereto; thence SO1°06'42"F, a distance of 1783.85 feet, to a point on the east line
of that right-of-way for Weld County road 5 and a non-tangent curve to the left, said
point also being the POINT OF BEGINNING; thence 17.98 feet along the arc of a curve
to the left whose radius is 1365.00 feet, central angle is 00°45'16" and whose chord bears
S 16°17'42"E a distance of 17.98 feet; thence S00°08'53"E parallel to the east right-of-
way line for Weld County road 5, a distance of 862.32 feet, to the south line of the
Northwest One-Quarter of said Section 21; thence S00°36'00"E parallel to the east right-
of-way line for Weld County road 5, a distance of 369.73 feet; thence S76°52'15"W a
distance of 5.12 feet, to a point on the east line of that right-of-way for Weld County road
5;thence N00°36'00"W along said east right-of-way line for Weld County road 5, a
distance of 370.81 feet, to the south line of the Northwest One-Quarter of said Section
21;thence N00°08'53"W along said east right-of-way line for Weld County road 5, a
distance of 879.66 feet; to the POINT OF BEGINNING and containing 0.143 acres,more
or less.
The above description was prepared by Leon Sievers,Right-of-Way Agent, in and for
Weld County, Colorado and is based on survey information provided by Farnsworth
Group, 8055 East Tufts Avenue, Suite 850 Denver, Colorado 80237.
1 11111 11111 11111 1111111111111111111111 11111 1111 X 111
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
DESIGN WELD COUNTY ROAD 5 EASEMENT1 or 1
DRAWN CLH DESCRIPTION
DATE OCTOBER 10. 2005 EXHIBIT MAP _ _
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