HomeMy WebLinkAbout20061547.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN-CAROLEAND
WALTER DEWOLF
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 Carole and Walter Dewolf, 1515 Diamond Wall Drive, 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 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 Carole and Walter Dewolf be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1547
EG0054
CC PIA), Pc, >4PP oq-am--o(.0
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.
a♦t EL %N WELD COLI BOARD OF C NTY, COLORADO COMMISSIONERS
ATTEST: Mud( 1S{
CV M. ile, Chair
Weld County Clerk to th i`• ` ,. o
` .- David E. Lon Pro-Tem
BY:
/it)ti �( t l2c 9,
De ty Clerk-do the Board
Wil • H. Jerke n
ED AS •
��✓� - 1\1\1\D„
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�,����Robert D. Masde
unty At orney
Glenn Vaa c ,
Date of signature: /5 Ibc
2006-1547
EG0054
MEMORANDUM
CTO: Clerk to the Board DATE: May 30, 2006
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engine
SUBJECT: Agenda Item
Temporary Construction Easement with Carole H. Dewolf and Walter E. Dewolf 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:AFrancieAAgend-Leon.doc
1
2006-1547
• 5� TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between CAROLE H. DEWOLF AND
WALTER E. DEWOLF whose address is 1515 Diamond Wall Drive, 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 40 1/2 & 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:
Said Temporary Construction Easement shall expire one year after
conunencement 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.
111111 11111 11111 1111111 VIII III 1111111 III 111111111 HI
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Page 2 of 2
OWNER: CAROLE H. DEWOLF OWNER: WALTER E. DEWOLF
n6 *4 . C*_ rtiDe9.1s..e,Poi aae� U
STATE OF COLORADO )
)ss
COUNTY OF "Rnu\cIe rD
The foregoing Temporary Construction Easement was acknowledged before me this
nand day of Mal , 20A�p by Carole H. Dewolf And Walter E. Dewolf,
Owners.
Witness my hand and official seal. pJ, D. 4yj
Notary Pub is
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My commission expires: op-do.OQPo
My Commission Expires 04/2712010
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: iitagffri UNTY OF WELD STATE OF
rave" ,ORAD GRANTEE
D uty Cl tot a Board ® � F -�' J. eile Chairman, Board of
�,. County Commissioners JUN 1 2 2006
11111111111111111111111111111 I I 11111111 Min 1111 I I I I
3403556 07/17/2006 12:25P Weld County, CO
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P:\W ELDCNTY\C40#9A\Dewolf\Temporary_Easement.doc
Rog -/S517
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 29, Township 4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
The North 10.00 feet of Lot#10 Mill Creek P.U.D. As recorded under reception No.
3050115. In the office of the clerk and recorder, Weld County, Colorado and containing
3,533.4 Sq/ft,more or less.
The above description was prepared by Leon Sievers, Right-of-Way agent in and for
Weld County, Colorado and is based of the plat of Mill Creek P.U.D. As recorded under
reception No. 2835 in the office of the clerk and recorder, Weld County, Colorado.
I VIII/VIII VIII VIII//VIII III IIIIIII III VIII/III/III
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