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HomeMy WebLinkAbout20022783.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR A PORTION OF WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN - DIANE BAIRD 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 a portion of Weld County Road 4 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 Diane Baird, 21460 Weld County Road 4, Hudson, Colorado 80642, commencing, and ending, with further terms and conditions being as stated in said temporary construction easement, and WHEREAS, after review, the Board deems it advisable to approve said temporary construction 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 a portion of Weld County Road 4 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 Diane Baird, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said temporary construction easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: getki 1, \ EXCUSED G Vaad, Chair Weld County Clerk to th -ti.. 'ECU w 3 S CS{ ?p , David E. ong, Pro-Tem BY: /�/� y Deputy Clerk to the Boar / 1 hly � 4___ M. J. Geile AP D Ar �M: ‘ 1:—J Y j, / Willi m H. Jerke oun' ty Attorrne' Robert. Masden Date of signature: �G/ � 2002-2783 00 to z5 rd EG0046 • 449 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Diane Baird, whose address is 21460 Weld County Road 4, Hudson, Colorado 80642, 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 Road#4, 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: 1. Said Temporary Construction Easement shall commence on October 4, 2002, and shall expire and be of no further force or effect on December 31, 2002. 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 remove the existing split rail fence that exists near the south right of way line of Weld County road#4 and will reimburse Grantor the cost of replacing said fence and the costs of four new posts. Grantor shall place the new fence on the south right of way line of Weld County Road 4. 6. Grantee will reimburse Grantor the sum of Twenty Three Hundred Ten and no/100 ($2310.00) dollars for the replacing of the split rail fence and four new posts, based on quotation #1460 from Double A Construction Company. Page 1 of 2 page 1111111111111111111 IIII I11I 1111111111111111111111111 3001449 11/01/2002 02:17P Weld County, CO 1 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto 0:200-2-a7S3 7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100 ($350.00) 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. iane Baird, Owner TAX ID NUMBER: $79- oa- os4,e STATE OF COLORADO ) Je fferSb h )ss COUNTY OF WELD •) p TT�,h�e foregoing instrument was acknowledged before me this G fhday of &c:16Kr , 20V, by Diane Baird, Owner. JANE\%t `tk'-b`Fijf t and official seal. NOTARY PUBLIC STATE OF COLORADO My Commission Expires Feb.2,2005 otary Public My commission expires: rebrUary a 2605- , GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. - ATTEST: auji, 6 � COUNTY OF WELD, STATE OF �'� C ORADO, G TEE rn Deputy Clerk to the Board'= ` t I David E. Long Chair Pro—Tem Page 2 of 2 pages 111111111111111111 till MI 1111111 III IIIII 11111111 3001449 11/01/2002 02:17P Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto —no u2733 EASEMENT EXHIBIT A LEGAL DESCRIPTION The South 10.00 feet of the North 40.00 feet of the Northeast One-Quarter of the Northwest One-Quarter of Section 34, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The above legal description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on the Deed document found at Reception no. 2871918, in the Office of the Clerk and Recorder of Weld County, Colorado. 1 111111 11111 11111 1111 1111 11111 1111111 III 11111 11111111 30ot 9 R 11/01/2002 2 dCounty, D 0.00J.A. "Suk'=" Tsukmoto DOUBLE A CONSTRUCTION Co. 2603 Ingalls St. Edgewater, Colorado 80214 (720) 301.0263 Jerry Alexus Invoice#1460 21460 Weld County Rd# 4 Date:Sept.22,2002 Hudson,Colorado 80642 (720) 272 7636 The work performed is the moving and re-installation of 650 feet of split rail fence,and is to be to the specifications of the Weld County Department of Public Works.The existing fence across the north end of the property will come down to accommodate a new road.The existing fence will be re-used.The posts on re-installation will be set on 10-foot centers,and the existing rails will be used.Some posts may need to be replaced due to the age of the fence,the price of the new posts are$7.so per post. Total price of moving and the re-installation of 650 feet of split rail fence is: $2280.00 Terms and Conditions: An contracts are performed and completed in the standard practices of the Double A Cont.Co. Purchaser assumes full responsibility for the location, utility lotinens,and will aurk or stake the fence line oat prior to the Installation. Any changes to the contract may result in additional charges added to the final payment of the contract.Double A Coast.Co.Is not responsible for any delays due to weather,availability of material,or other circumstances beyond our control. Total: $2280.00 Double A Const.Co. Requires payment as fellows:Half down at time of the signing of the contract($1140.00),and the remaining half on the completion of the fence(1140.00). Aaron 14 Alexus Ownerr�//f� SI0IA26->Cte:11 /34Nse 1310 ZZBO •OO Acid LI tPosTs 30O_ #.2.3 10. 00 1111111 11111 1111111 IIII IIII 11111 1111111 III VIII 1111 111 300144 of44 R 0.002002 2 D 0.00J.A. "Suki County," Tsukmoto f sit MEMORANDUM TO: Esther Gesick DATE: Oct. 14, 2002 COLORADO• Clerk to the Board FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit this item for the Board's approval: Temporary Construction Easement with Diane Baird for improvements to WCR4. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\WPFILESTrancie\agendaleon-l.wpd 2002-2783 Hello