HomeMy WebLinkAbout20061382.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROADS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN - GARETH
AND HARRIET OLSON TRUSTS
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 Gareth Olson and Harriet Olson Trusts, 6840 South Harrison Street, Littleton,
Colorado, 80122, 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 Gareth
Olson and Harriet Olson Trusts 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 22nd day of May, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
A �J -; `' fL" WELD C TY, COLORADO
ATTEST: �G�„�./�/' Zi
^^""�� Qv . J. ei e, Chair
: T % :
thl
F j \it David E. LongPro-Tem
De jty Clem to the Board EXCUSED
William H. Jerke
A O ED AS T EXCUSED
Robert D. Ma den
Jlnty Attorney 44).14
Glenn Vaa.
Date of signature: �'I 131%)
2006-1382
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MEMORANDUM
COLORADO TO: Clerk to the Board DATE: May 17, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
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Temporary Construction Easement with Gareth R.Olson Trust as to an Undivided't/2Interest
and the Harriet E. Olson Trust as to an Undivided '''A Interest.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
2006-1382
079
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between THE GARETH R. OLSON
TRUST AS TO AN UNDIVDED 'A INTEREST AND THE HARRIET E. OLSON
TRUST AS TO AN UNDIVIDED %1 INTEREST, whose address is 6840 S. Harrison
Street, Littleton, Colorado 80122, 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 Roads 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.
6. County will reimburse the Owner the sum of FOUR THOUSAND FOUR
and no/100 ($4,004.00) dollars for the value of fencing being removed and damage to the
pasture due to the new road construction.
7. The County will remove the existing fence that lies within the County
Right-Of-Way and erect a temporary fence along the edge of the temporary construction
easement prior to construction. The Owner will remove the temporary fence at the end of
IIIIII VIII VIII IIIIIII IIII III UM III VIII IIII IIII
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construction and may salvage any of the existing fence materials prior to construction.
The temporary fence will be the property of the Owner and the Owner assumes all
obligations for maintenance. The Owner hereby provides permission to the County and
its construction contractors and agents to access Owner's property adjacent to the
temporary fence location for the sole purpose of constructing same.
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.
OWNER: THE GARETH R. OLSON OWNER: THE HARRIET E. OLSON
TRUST AS TO AN UNDIVDED '' TRUST AS TO AN UNDIVIDED 'A
INTEREST INTEREST
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
S day of j/14A/,20(Q&by THE GARETH R. OLSON TRUST AS TO AN
iJh DIVDED 'A INTEREST AND THE HARRIET E. OLSON TRUST AS TO AN
UNDIVIDED '' INTEREST, Owner.
itness I)ny ,r: d an of,c • e 1. misfit
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No y,'ubhc = es— p its
My commission ////p7(p � �,9 ,n�p<2.
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: ''TeS I Yv'`('-1.t9UNTY OF WELD, STATE OF
'm COLORAD iRANTEE
l-l'l(.C__. t x
D ty Cle tot e Board YY s M. J. Geile, Chairman, Board of
/re bounty Commissioners
111111111111111111111111 lIII III 11111111 III 11111 V MAY 2 2 2006
3398079 06/22/2006 01:39P Weld County, CO -DCNTY\C40#9A\0lson-G\temporary easement.doc
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EXHIBIT A
EASEMENT DESCRIPTION
A parcel of land located in the Southeast One-Quarter of Section 20, 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 Northeast corner of the Southeast One-Quarter of said Section 20,
from whence the South one sixteenth Corner of said Section 20 bears S00°36'00"E, with
all bearings contained herein relative thereto; thence S88°28'04"W along the North line
of the Southeast One-Quarter of said Section 20, a distance of 30.00 feet, to a point on the
West line of that right-of-way for Weld County road 5, said point also being the POINT
OF BEGINNING; thence S00°36'00"E along said West right-of-way line for Weld
County road 5, a distance of 1331.78 feet to the South line of the Northeast One-Quarter
of the Southeast One-Quarter of said Section 20; thence S88°36'42"W along said South
line a distance of 10.00 feet; thence N00°36'00"W, parallel to said West line, a distance
of 1331.76 feet to the North line of the Southeast One-Quarter of said Section 20 ; thence
N88°28'04"E along said North line a distance of 10.00 feet, to said west line and the
POINT OF BEGINNING, containing 0.306 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.
111111111111111111111111111 1111111111111111 I I I I I I I I
3398079 06/22/2006 01:39P Weld County, CO
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N88'28'04"E 10.00' E 1/4 Cor
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO p
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ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. =
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WELD COUNTY PUBLIC WORKS DEPARTMENT
survEY [VS
0E51GN WELD COUNTY ROAD 5 EASEMENT 1 1
DRAM CLH DESCRIPTION 1 1
DATE OCTOBER II, 2005 EXHIBIT MAP
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