HomeMy WebLinkAbout20022818.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR A PORTION OF WELD
COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN -TAMMY BRNAK AND JAMES
BRNAK, JR.
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 Tammy Brnak and James Brnak, Jr., 20220 Weld County Road 4, Hudson,
Colorado 80642, 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
Tammy Brnak and James Brnak, Jr., 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 23rd day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: +b (I
�i� Glen aad, Char
Weld County Clerk tot t ili.
\t,
% Fib W David/ t
E. L g, Pro-Tem
BY: e i_ 2 . .. ;4sa_ ♦ h r/
Deputy Clerk to the B.�+r�' � i ier,
M. J. Geile
Ay ROD AST RM: EXCUSED
,/ WillieH. Jerke
ounty Attorney"
Robert D. Masden
Date of signature: /CO
G00
208
'6,7)a), /3 r i?CL.e EG0046
G0046
044
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Tammy Sue Brnak and James Joseph
Brnak Jr., whose address is 20220 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 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 and removal of five trees 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 7, 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 five trees, four elm trees west of the driveway and one cedar
tree east of the driveway, that exist along the south right of way line of Weld
County road 4. Grantee will grade and shape the area from the road ditch to the
area of the tree removal and will use caution as to not disturb any other trees.
Grantee will reimburse the Grantor Five Hundred and no/100 ($500.00) dollars
for the removal of said trees.
Page 1 of 2 page
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3006044 11/18/2002 02:37P Weld County, CO
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6. 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.
Tammy(Sue Brnak, Owner Jalnes Joseph Brnak, Jr.
TAX ID NUMBER: TAX ID NUMBER:
≤2J - 90 - ss-7v X23 - 99- 7Gs_3
STATE OF COLORADO )
)ss
COUNTY OF WELD )
t
The foregoing instrument was acknowledged before me this 7 day of
20Qa,by Tammy Sue Brnak and James Joseph Brnak, Jr., Owners.
c ........•
••Wjtrf ss my hand and official seal.
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irk Oa: Ce I Otani)
r^: G• el j G :° Notary Public
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cot o commission expires: -7 3ifro 3
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: a � �D�/7L�f�- COUNTY OF WELD, STATE OF
�y�'q// /� /7�t�e'•%u,//f_ D[�/'l/�+! . COL OU NTEE
rpc el "1/2 AiDeputy Clerk to the Boyd. t `:'=; Glenn Vaad,t , Hoard of County
Commissioners.
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Page 2 of 2 pages
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EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A strip of land, 5.00 feet in width, lying immediately adjacent to the south right of way line of Weld
County road#4, in the Northwest One-Quarter of Section 33, Township 1 North, Range 65 West of the
Sixth Principal Meridian, County of Weld, State of Colorado and described as follows:
Commencing at the Northwest corner of the Northwest One-Quarter of said Section 33; thence East along
the North line of said Northwest One-Quarter a distance of 625.60 feet; thence S35°35'W along the
Easterly right of way line of the Denver Hudson Canal a distance of 36.85 feet to the south right of way
line of Weld County road #4 and the POINT OF BEGINNING; thence East along said south right of way
line a distance of 268.76 feet; thence South 5.00 feet; thence West 272.34 feet to the Easterly right of way
line of said Denver Hudson Canal; thence N35°35'E along said Easterly line a distance of 6.15 feet to the
POINT OF BEGINNING, and containing 1352.7 Sq. Ft., more or less.
The above legal description was prepared by Leon W. Sievers, Right of Way Agent, in and for Weld
County and is based on the Deed description found at Reception No. 2220102, in the Office of the Clerk
and Recorder of Weld County, Colorado.
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3006044 :37P Weld County, CO
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MEMORANDUM
IL
1111 D TO: Esther Gesick DATE: Oct. 17, 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 Tammy Sue Brnak and James Joseph Brnak Jr. for
improvements to WCR 4.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AWPFILESWrancieAagendaleon-I.wpd
2002-2818
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