HomeMy WebLinkAbout20061453.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROADS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN - RICHARD
AND IRENE HORNUNG
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 Richard and Irene Hornung, P.O. Box 1531, 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 Richard and Irene Hornung be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1453
EG0054
TEMPORARY CONSTRUCTION EASEMENT -WCRS 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 31st day of May, A.D., 2006.
BOARD OF C!UNTY COMMISSIONERS
/ WELD CO r , COLORADO
ATTEST: Lis#' J. et le, Chair
Weld County Clerk to the = . (0(^y
�JLL�,C David E. Long, Pro-Tem
BY:
Deploy Clerk. the Board
Wirke
APPRO AS TO F
Robert D. Masd n
o t Attorney
I Glenn Vaad
Date of signature: (i `it
2006-1453
EG0054
MEMORANDUM
WI I pC TO: Clerk to the Board DATE: May 24, 2006
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Richard J. Hornung and Irene Hornung for
construction improvements to WCRs 40.5 and 5.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
•
2006-1453
TEMPORARY CONSTRUCTION EASEMENT
072
A Temporary Construction Easement between RICHARD J. HORNUNG AND
IRENE HORNUNG whose address is P.O. Box 1531, 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 %3 & 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.
1 111111 11111 11111 1111111 IIII 11111111111 III 1IIII ill/ 1111
3398072 06/22/2006 01:39P Weld County, CO
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:,PDD6— iY53
Page 2 of 2
OWNER: RICHARD J. HORNUNG O ER: IREN HORNUNG
Pet.,12Y Ck Wtbkin
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
/O day of &My , 20ceceby Irene Hornung, Owner.
W' nes hand c'.1 seal. st` otil i9. /4
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ELS ,
ATTEST: ' `:► .....“ UNTY OF WELD, STATE OF
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D uty Cl to1(..-(16
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®U 01 ounty Commissioners
MAY 3 1 2006
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4 II P:\WELDCNTY\C40#9AU-Iorung\Temporary_Easement_5-15-06.doc
EXHIBIT A
EASEMENT LEGAL DESCRIPTION
A parcel of land located in the Northwest 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 said Section 28, from whence the East One-
Quarter Corner of said Section 28 bears N89°07'14"E, with all bearings contained herein
relative thereto; thence S45°49'36"E a distance of 42.39 feet, to a point on the South
Right-of Way line for Weld County road 42 and the West Right-of Way line for Weld
County road 5, said point also being the POINT OF BEGINNING; thence N89°07'14"E
along said South line, a distance of 50.00 feet; thence S44°10'24"W a distance of 70.78
feet, to a point on said West line; thence N00°46'28"W along said West line, a distance
of 50.00 feet, 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.
11111111111111111111111 IIII 1111111111/ III 1111111111111
3398072 06/22/2006 01:39P Weld County, CO
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• Axbribv, 7 MAP
N 1/4 Cor
NW Cor BASIS OF BEARING Sec 28-4-68
Sec 28-4-68
(N89'07'14"E) _ ,5
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N89'07'14"E 50.00'
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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.
N 1/16 Cor
Sec 28-4-68 WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
DESIGN WELD COUNTY ROAD 5 EASEMENT
DRAWN `L" DESCRIPTION
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