HomeMy WebLinkAbout20061543.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 5 AND AUTHORIZE CHAIR TO SIGN - JRC, LLC
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 JRC, LLC,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 JRC, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1543
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.
EL %:OARD OF • ��UNTY COMMISSIONERS
fi LD C• TY, COLORADO
ATTEST: ,t / ! 11:-
le, Chair
Weld County Clerk to the Bo'`r
`O Fr
UC ' •
Dtr
avid E. Long, Pro-Tem
IA
BY: fl&.
Dep Clerk o the oard +lei �l
Wm H. trke
APP D TO FO Ilasd-
Robeen
C A ey
Glenn Vaa
Date of signature: I�J ibLo
2006-1543
EG0054
rit
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 JRC, LLC 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
2006-1543
r
552 TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between JRC, LLC, 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/I 00
($500.00) Dollars for the execution of this Temporary Easement.
6. Grantee will reimburse Grantor the sum of TWO HUNDRED and no/100
($200.00) Dollars for the value of crop damages caused by the Project.
AIM 11111 IIIII Milli III 1111111 III 11111 IIII HI
3403552 07/17/2006 12:25P Weld County, CO
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&Doe -is5'3
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Page 2 of 3
7. Grantee will reimburse Grantor the sum of ONE THOUISAND and
no/100 ($1,000) Dollars for damages to the pump station electrical distribution panel
caused by the Project.
8. The parties acknowledge that the Grantor has irrigation facilities
consisting of an electrical pump station connected to an above-ground distribution system
and 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.
9. The Grantor has the right to modify, move, repair or relocate the power
distribution panel within the easement area during the course of construction.
10. 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.
GRANTOR: JRC, LLC
By: fit' 4asopp � 0 nr 1
Title: cA
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
3 I day of 141 A y , 20g byagrd-hvvtL as t�y Ma—of JRC,
LLC, Grantor.
W ness y 'and an s:.l.
111111111111111111111111111111111111111 III 111111111 Jill
3403552 007/2006 12:25P We County, CO
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P:\W ELDCNTY\C40#9AURC,LLC\Temporary_Easement_05-25-06.doc
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My commission expires: n //95/1)5 PUSS Q
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: ,a,mkiiii EL®`� OUNTY OF WELD, STATE OF
,pj LORAD: GRANTEE
itill ' 1l61 ��
Deity Cle to th Board ,, ' , . J. Geile, Chairman, Board of
Or , ' County Commissioners. JUN 1 2 2006
11111111111111111111111111111 111 1111111 III IIIII 1111 11
3403552 07/17/2006 12:25P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the 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 the Southwest One-Quarter of said Section 21,
from whence the South one sixteenth Corner of said Section 21 bears S00°36'00"E, with
all bearings contained herein relative thereto; thence S05°13'40"E a distance of 371.85
feet, to a point on the east line of that right-of-way for Weld County road 5, said point
also being the POINT OF BEGINNING; thence N76°52'15"E a distance of 10.24 feet;
thence S00°36'00"E parallel to the east right-of-way line for Weld County road 5, a
distance of 963.24 feet to the south line of the Northwest One-Quarter of the Southwest
One-Quarter of said Section 21; thence S89°05'23"W along said south line a distance of
10.00 feet, to the east right-of-way line 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 961.07 feet to the
POINT OF BEGINNING and containing 0.221 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.
111111111111Itt1II 11 IliIII1111111IIIIIIIIIIIIIIII
3403552
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EX HI AP
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED M00
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ----05it,
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
swvEr LVS
DESIGN WELD COUNTY ROAD 5 EASEMENTDi
1
DRAWN CLH
DESCRIPTION 1
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