HomeMy WebLinkAbout20061452.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 5 AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN
PROPERTY IMPROVEMENT, LLC
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 Road 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 Mountain Property Improvement, LLC, do Carol Franko, 303 East 17th Avenue,
Suite 1080, Denver, Colorado 80203, 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 Road 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 Mountain Property Improvement, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1452
EG0054
�� -ruo, PL, P�- 0o-3e-oL,
TEMPORARY CONSTRUCTION EASEMENT - WCR 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.
Ir q loll ,ls BOARD OF C NTY COMMISSIONERS
; �✓ WELD CO Y, COLORADO
;fir
ATTEST: fain �I° ,I 1/47
�1
M. J. ile, Chair
Weld County Clerk to th-1.�m:'c
' 1 /4 � �rl David E. Long, Pro-Tem
BY: C ►.
Dep y Clerkr. the Board '
W' iam H. Jerke �
APP AS TO F •
obert D. Masd` VVen
o t ttorney LIGOJAAA '
G enn Vaa
ate of signature: 1Q ` I;IMP
2006-1452
EG0054
a
MEMORANDUM
TO: Clerk to the Board DATE: May 24, 2006
C.
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engine {
SUBJECT: Agenda Item 41
Temporary Construction Easement with Mountain Property Improvement, LLC for
improvements to WCR 5 in the amount of$300.00.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M:\FrancieAgend-Leon.doc
2006-1452
060TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between MOUNTAIN PROPERTY
IMPROVEMENT, LLC whose address is C/O Carol Franko, 303 E. 17th Avenue, Suite
1080, Denver, Colorado 80203, 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 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.
11111111111111111111111111111111111111 III 11111 111 1111
3398060 06/22/2006 01:39P Weld County, CO
1 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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Page 2 of 2
OWNER: MOUNTAIN PROPERTY IMPROVEMENT, LLC
mCD
Y
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Title: V) eL P YlO) C
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
/?4< day of /1'01 , 20Q‘ by MOUNTAIN PROPERTY IMPROVEMENT,
LLC, Owner.
Witness my hand and official`ci seal. -vprN Rp_'%t
Pa.�4--e CLw� I�.a�,,,, ,, rr?ptAgy"9;.°o r
Notary Public S V S �i
My Commission Expires (SEAL
My commission expires: 01/26/2009 hIt dj,�A�B��O_gip f
,„„
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein. Lass.ATTEST: ��ivv/ . ��1,A1/4N. COUNTY OF WELD, STATE OF
OLORA , GRANTEE
fll,ft4La4 / �, �CTaw �,'/
De uty Clerk`tO the Board i
vgtt Gi . Geile, Chairman, Board of
%re% County Commissioners
MAY 312006
1 111111 11111 11111 II I III 11111 111111 11111 IN
I 11111
3398060 06/22/2006 01:39P Weld County, CO
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P:\WELDCNTY\C40#9A\Mountain Property Improvement\#31\Temporaty_Easement_5-17-O6.doc
EXHIBIT "A"
EASEMENT LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 29 and 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 Northeast One-Quarter of said Section 29,
from whence the South one sixteenth Corner of said Section 20 bears N00°35'23"W,
with all bearings contained herein relative thereto;thence S88°45'40"W along the North
line of said section 29 a distance of 30.00 feet,to the POINT OF BEGINNING; thence
S00°46'28"E along the West Right-of-Way line of said section 29 a distance of 122.23
feet;thence S89°15'00"W a distance of 10.00 feet;thence N00°46'28"W parallel to said
West line of said section 29 a distance of 122.14 feet to the North line of said section 29;
thence N00°35'23"W parallel to the West Right-of-Way line of said section 20 a distance
of 53.04 feet;thence N89°24'37"E a distance of 10.00 feet; to said West line of said
section 20;thence S00°35'23"E along said west line of said section 20, a distance of
52.93 feet,to said north line of said section 29; and the POINT OF BEGINNING, and
containing 0.040 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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3398060 06I2212006
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