HomeMy WebLinkAbout20061545.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROADS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN - PHILIP
CLARK
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 Philip Clark, 2321 21st Street, Boulder, Colorado 80304, 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 Philip Clark be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
2006-1545
EG0054
e : Pw, Pt, 4-PPL oel- -o(9
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.
BOARD OF €sUNTY COMMISSIONERS
I ' /
4 WELD CO„J�TY, COLORADO
ATTEST: ,_. /o, „,
1
M. J. 'le, Chair
Weld County Clerk to th Pi
; �, David E. Long, Pro-Tem
BY: CV/It&Ljt4 r. /�
De ty Clerk the :oard -?. .1 /1_4_2
Wil ' H. Jerke
APPR AST ., O
Robe D. Masd n
my Attorney
I Glenn Vaad
Date of signature: 1 ` 10(O
2006-1545
EG0054
(-its
MEMORANDUM
wipC.
COLORADO TO: Clerk to the Board DATE: 6/1/06
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Philip M.Clark 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:\Francie\Agend-Leon.doc
•
2006-1545
.
TEMPORARY CONSTRUCTION EASEMENT
554
A Temporary Construction Easement between PHILIP M. CLARK, whose
address is 2321 21s` Street, Boulder, Colorado 80304, 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 le 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 '/2 and 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 Four Hundred Thirty Eight and no/100
($438.00) 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.
III1IIII VIIti.\\Pliep\v\eimIlolicti\yoo\c\To\B!!!
40354R 0100D000 of 3 ao06-/5 "S
Page 2 of 2
OWNER: PHILIP M. CLARK
-}/72;tati_ atte
STATE OF COLORADO )
)ss
COUNTY OF BOULDER )
The foregoing Temporary Construction Easement was acknowledged before me this
2' day of (Way , 202(4 by Philip M. Clark, Owner.
Witness my hand and official seal.
Notary Public
(J Ab
(SEAL)
My commission expires:
MY COMMISSION EXPIRES: 05/02/08
I ERASINA WHITE
915 10TH ST.•GREELEY, CO 80631
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: ,LEO COUNTY OF WELD, STATE OF
a�``COLORA P GRANTEE
1 ► Ji . .
De. ty Cl r tot e Board ���" r Lam')-`1/44' i . J. Geile, Chairman, Board of
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JUN 1 2 LUU6
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•
111111111111111111111111118 III 1111111 311111111i MI
3403554 07/17/2006 12:25P Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
P:\W ELDCNTY\C40#9A\Clark\Temporary_Easement.doc
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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#1 Mill Creek P.U.D. As recorded under reception No.
3050115. In the office of the clerk and recorder, Weld County, Colorado and containing
5,148.88 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.
111111111111 11111 1111111 11111 II11111111 III 1111111111111
3403554 07/17/2006 12:25P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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