HomeMy WebLinkAbout20061546.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN-WELD COUNTY
LAND INVESTORS, INC.
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 Roads 40.5 and 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 Weld County Land Investors, Inc., do Capital Ag. Property Services,
2512 Montair Lane, Greeley, Colorado 80632-0340, 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 Roads 40.5 and 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 Weld County Land Investors, Inc., c/o Capital Ag. Property
Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1546
EG0054
c. O•. Pr.dJ, Pt, /1 riot. ®-?-aro-o-7
TEMPORARY CONSTRUCTION EASEMENT- WCR 40.5 AND 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 CSUNTY COMMISSIONERS
EIca ELD COU , COLORADO
R `•
ATTEST: ill
s!lY452 ; �_'le, Chair
Weld County Clerk to the B
r \
4 4 � � avid E. Long, ro-Tern
BY:
De ty Cler o the Board
Wil H. Jerke `n
APP ED AS TO FO �p ��V �
Robe sde
Cy nt Att y
Glenn Vaad �
Date of signature: l k ib`r P
2006-1546
EG0054
• a
MEMORANDUM
lungC.
COLORADO TO: Clerk to the Board DATE: May 30, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engine
SUBJECT: Agenda Item
Temporary Construction Easement with Weld County Land Investors Inc.for improvements
to WCR 40.5 and 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
2006-1546
555 TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between WELD COUNTY LAND
INVESTORS INC. whose address is C/O Capital Ag. Property Services, 2512 Montair
Lane, Greeley, Colorado 80632-0340, 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 10`h 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 40 %2 & 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. Said Temporary Construction Easement shall expire one year after
commencement of construction.
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 reimburse Grantor the sum of THREE HUNDRED and
no/100 ($300.00) dollars for the execution of this Temporary Construction Easement.
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.
11111 lip 111111111111 I!!SI III 1111111111 11111111 IIII
3403555 07/17/2006 12:25P Weld County, CO
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cJGX&is��
Page 2 of 2
OWNER: WELD COUNTY LAND INVESTORS INC.
CkBy: ti 7— 0,4
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Title: 71A4-ass (' . (! , f' j S'Q'` -si �� /-`
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was a8knowledged J4,fore me this
day of M , 206Lp by aurI-I S /Id lei as
A3As to } of Weld County Land Investors, Inc., Owner.
-ex,
my hand and official seal.
MARCY YAMS
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Notary Public
Mato of Colorado
Notary Public ja
q 77ETLI
My commission expires: /,Z—/3'"Q 9
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: MO i E cu COUNTY OF WELD, STATE OF
t. OLO GRANTEE
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ot
Deity Cl to e Board ' y .^' M. J. Geile, Chairman, Board of
' r County Commissioners
4 ` JUN 1 2 2006
1 Illill 11111 11111111111111111 III 1111111 III 11111 IIII
3403555 07/17/2006 12:25P Weld County, CO
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P:\WELDCNTY\C40#9A\Weld County Land Investors\temporary easement.doc
6?OCe /Sys
EXHIBIT A
TEMPORARY EASEMENT DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 28, 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 28,
from whence the Southwest Corner of said Section 28 bears S00°16'56"E, with all
bearings contained herein relative thereto; thence S02°59'40"E a distance of 633.96 feet
to a point on the east line of that right-of-way for Weld County road 5 as described in the
document Recorded October 10, 1887 in Book 43 at page 495 in the Office of the Clerk
and Recorder, Weld County, Colorado, and the POINT OF BEGINNING; thence
N89°43'04"E a distance of 20.00 feet; thence S00°16'56"E parallel to said east right-of-
way line a distance of 40.00 feet; thence S89°43'04"W a distance of 20.00 feet to a point
on said east right-of-way line; thence N00°16'56"W along said east right-of-way line a
distance of 40.00 feet; to the POINT OF BEGINNING and containing 0.018 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.
1111111 11111 11111 1111111 11111 III 1111111 111 11111 IIII IIII
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EXHIBIT MAP
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3403555 07/17/2006 12:25P Weld County, CO
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
saw,. LWS
DESIGN MI WELD COUNTY ROAD 5 EASEMENT
CLH
MT( DESCRIPTION
+e OCTOBER 7, 2005 EXHIBIT MAP
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