HomeMy WebLinkAbout20061371.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROADS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN - SERENA
SCOVELL
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 Serena Scovell, 2231 Weld County Road 42, Berthoud, Colorado, 80513,
commencing upon full execution,and ending one year after commencement of construction of said
project, 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 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 Serena
Scovell be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 17th day of May, A.D., 2006.
♦ BOARD OF COUNTY COMMISSIONERS
ti f / �� WELD 7RITY, COLORADO
ATTEST: 4.4/ m it
. eile, Chair
Weld County Clerk to the Boar twir
mac` Davi E. Long, Pro-Tem
BY:
4I{.1A$ 1
Z-OL�
D puty Cle to the Board
William H. Jerke
APP D AS TO FO V/V\Ak ---s
Robe D. Masden
ounty Attorney
Glenn Vaad
Date of signature: DsIBI' '
2006-1371
EG0054
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MEMORANDUM
WINTO: Clerk to the Board DATE: May 11, 2006
C.
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Serena Scovell for improvements to WCR 40.5 and
WCR 5.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1371
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between SERENA SCOVELL whose
address is 2231 Weld County Road 42, 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 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 %z & 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:
Said Temporary Construction Easement shall expire one year after
commencement of construction.
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.
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.
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.
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.
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OWNER: SERENA SCOVELL
L
(,ICL.if te•. —5 L V L l-
STATE OF COLORADO )
)ss
COUNTY OF t<j%t ) )
The foregoing Temporary Construction Easement was acknowledged before me this
9 day of PtA#y' , 2( 4by Serena Scovell, Owner.
Wi ss d and .f '. seal. ```,`,tttttttmut,03 a. LICIA,
• : y 'ub is S O •OtARr
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
-C
ATTEST: MO flUNTY OF WELD, STATE OF
teal ( rt ryy Litt LORAD►, " RANTEE
Depu Clertit
the Board on
vl \; . J. Geile, Chairman, Board of
County Commissioners MAY 17 2006
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P:\WELDCNTY\C40#9A\Scovell\Temporary_Easement.doc
mod - /3-2/
EXHIBIT A
EASEMENT LEGAL 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 Southwest corner of said Section 21, from whence the South one
quarter Corner of said Section 21 bears N89°07'14"E, with all bearings contained herein
relative thereto; thence N44°15'55"E a distance of 42.53 feet, to the POINT OF
BEGINNING also being a point on the East line of that right-of-way for Weld County
road 5 and the North line of that right-of-way for Weld County road 42; thence
N00°35'23"W along said East line a distance of 50.00 feet; thence S45°44'05"E a
distance of 70.53 feet, to a point on said North line; thence S89°07'14"W along said
north line a distance of 50.00 feet, to a point on said East line and to the POINT OF
BEGINNING and containing 0.029 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.
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IXIIIBIT MAP
S 1/16 Cor
Sec 21-4-68
30' R.O.IP.
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BASIS OF BEARIN
(N89'07'14"E) S 1/4 Cor
SW Cor Sec 21-4-68
Sec 21-4-68
0 25 50
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
SWV LWS
DESIGN WELD COUNTY ROAD 5 EASEMENT
DRAM `LH DESCRIPTION
DATE OCTOBER 12, 2005 EXHIBIT MAP
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