HomeMy WebLinkAbout20061381.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROADS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN - KEITH
CAMPBELL AND LUCINDA LOUDON-CAMPBELL
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 Keith Campbell and Lucinda Loudon-Campbell,20242 Weld County Road 5,
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 Keith
Campbell and Lucinda Loudon-Campbell, 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.
t BOARD OF UNTY si COMMISSIONERS
_�� `\ �'r� `� ELD CO1 'TY, COLORADO
ATTEST: 4tLw; q % ,� �"7\
J. G-'le, Chair
Weld County Clerk to the =¶ ® I 60
� ffi j David E. Long, Pro-Tem
BY: C"2 1
D qty Cler o the Board EXCUSED
William H. Jerke
APP ED AS T • EXCUSED
Robert D. Mas
my Att ney 9,,A
�3�Oi� Gle n Vaad
f
Date of signature:
2006-1381
�� �ft y�/�L- EG0054
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(1-1't
MEMORANDUM
COLORADO TO: Clerk to the Board DATE: May 17, 2006
FROM: Frank B. Hempen, Jr., P.E.
Director of Pu lic Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Keith M. Campbell and Lucinda L. Louden -
Campbell.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Leon Sievers, Right-of-Way Agent
M VFrancieAAgend-Leon.doc
2006-1381
080
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between KEITH M. CAMPBELL AND
LUCINDA L. LOUDON - CAMPBELL, whose address is 20242 County Road 5,
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 Roads 40 '' & 5, in and to, over, under
and across the following described land:
SEE EASEMENT EXHIBIT "B"
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. Grantee will reimburse Grantor the sum of EIGHT THOUSAND,
THIRTY FOUR and no/100 ($8,034.00) dollars for the value of landscaping and fencing
being removed due to the new road construction. The landscaping and fencing being
removed are described as all trees and fencing lying within the existing County Right-Of-
Way.
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
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Easement prior to construction. The Owner may salvage any of the existing fence
materials prior to construction and will remove the temporary fence at the end of
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: KEITH M. CAMPBELL OWNER: LUCINDA L. LOUDON -
CAMPBELL /.
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing Temporary Construction Easement was acknowledged before me this
/2_ day of {y/ A y , 20((',pby Keith M. Campbell and Lucinda L. Loudon -
Campbell, Owner.
W. ess Aly hand an i seal. ,,``���R. LIry��I
o y u
My commissi xpires: /1//0/CP 8
'F,, O GO.•//
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: geigtea "zigr fl ,OUNTY OF WELD, STATE OF
t.. ORAD I RANTEE
I f, ' ' „tera
e /
RI' -,L1 -Ift,01C,,., I '4". qj iz?2,74: ,
Dep y Cler to the Board t "�i. Geile, Chairman, Board of
4 4 --„ , ty Commissioners
, = N ",a
MAY 222006
1 111111 11111 1111 lir III 111 Hill 111 11111 I I I 11111
3398080 06/22/2006 01:39P Weld County, CO :LDCNTY\C40#9A\Campbell-Keith\temporary easement.doc
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EXHIBIT B
EASEMENT 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 Northwest corner of the Southwest One-Quarter of the Southwest
One-Quarter of said Section 21, from whence the Southwest Corner of said Section 21
bears S00°35'23"E, with all bearings contained herein relative thereto; thence
N89°05'23"E a distance of 30.00 feet, to the POINT OF BEGINNING and being a point
on the East line of that right-of-way for Weld County road 5; thence N89°05'23"E a
distance of 10.00 feet; thence S00°35'23"E a distance of 565.42 feet; thence
S89°24'37"W a distance of 10.00 feet, to said East line; thence N00°35'23"W along said
East line, a distance of 565.37 feet to the POINT OF BEGINNING and containing 0.130
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.
I IIIIIIVIIIVIII1111111IIII IIIIIIIIIIIIII1IIII III! IIII
3398080 06/22/2006 01:39P Weld County, CO
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, X / I MAP
N89'05'23"E 30.00' \\ 1/ N89'05'23"E 10.00'
S 1/16 Cor NV
Sec 21-4-68
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED SW Cor
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO Sec 21-4-68
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LWS
DESIGN WELD COUNTY ROAD 5 EASEMENT
DRAWN CLH DESCRIPTION
DATE OCTOBER 11, 2005 EXHIBIT MAP
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