HomeMy WebLinkAbout20020543.tiff RESOLUTION
RE: APPROVE ACCEPT TEMPORARY CONSTRUCTION EASEMENT DURING
IMPROVEMENTS TO WELD COUNTY ROAD 10 AND AUTHORIZE CHAIR TO SIGN -
KENT AND ELIZABETH DREHER
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
during improvements to Weld County Road 10 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 Kent and Elizabeth Dreher, commencing March 1, 2002, and
ending May 31, 2002, 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 Accept Temporary Construction Easement during
improvements to Weld County Road 10 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 Kent and Elizabeth Dreher be, and hereby is, accepted.
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 6th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
• Je/�� WEL COUNT C LORADO
Gle /aad, Chair
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O. b.?�erk to the Board "
Iasi cAti
t,� ( g°' ``` ` David E. , Pro-Tem
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iper M. J. Geile /
APPROV)�AS I `) 47 .-P
William H. Jerke
ounty Attorney EXCUSED
Robert D. Masden
Date of signature: �/� --
2002-0543
Pc , PLO EG0046
779
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Kent Dreher and Elizabeth K. Dreher,
Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, Grantee. Said Temporary Construction Easement is
for use during the construction of improvements to Weld County Road#10, in and to, over,
under and across the following described land:
THE WESTERLY 44.6 FEET OF THE EASTERLY 99.5 FEET OF THE SOUTHERLY
64.5 FEET OF LOT 1, MARTIN BROTHERS PLANNED UNIT DEVELOPMENT -
AMENDED PLAT, AS FOUND UNDER RECEPTION NUMBER 02175539 IN THE
OFFICE OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO
AND LYING IN THE SOUTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP
1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO.
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 March 1, 2002, and
shall expire and be of no further force or effect on May 31, 2002. Grantee shall
reimburse Grantor the sum of Four Hundred and no/100 ($400.00) for said
Temporary Construction Easement.
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 agrees to reimburse the Grantor the sum of Two Hundred and no/100
($200.00) dollars for the removal of an existing 3" tree. Said tree lies within the
boundary of said Temporary Construction Easement. Grantor shall remove said
tree prior to March 1, 2002.
6. Grantee agrees to reimburse the Grantor the sum of Two Hundred and no/100
Pave 1 of 2 pages
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apoa7-o5Y3
($200.00) dollars for the removal and replacement of approximately 1301.f. of
existing woven wire fence and gate that exists along the north Right of Way of
Weld County Road 10. County shall assist Grantor by removing the existing "T"
fence posts and metal pipe gate posts. Grantor to install new gate posts and
reinstall existing gate at new driveway. Grantor shall remove said fence and gate
prior to March 1, 2002.
7. County shall remove surface gravel from the existing driveway and install said
gravel on new driveway. Grantor to seed area of old existing driveway.
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.
Dated this 25 t`' day of FebrGpry , 2002.
Kent Dreher, Owner Elizabeth K. Dreher, Owner
TAX ID NUMBER: TAX ID NUMBER:
1-- 92 — 72y8 6C23 - ?y- 7077
Grantee hereby accepts this Temporary Construction Easement for the purpose set forth
herein.
ATTEST: 1'4
4 /'f • `\ COUNTY OF WELD, STATE OF
aV'r`•' COLORADO, GRANTEE
1861 O:aye 1=�
Deputy Clerk to the Bo Ef � Glenn Vaad, C airman, Board of County
Commissioners. (03/00004
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LMEMORANDUM 4 . TO: Clerk to the Board DATE: March 1, 2002
WI Ile FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Temporary Construction Easement for improvements to Weld County Road 10 between
Kent Dreher and Elizabeth K. Dreher, and Weld County
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
WCR 10 file
M:\WPFILESTrancie\AGENDA-2.IRC.wpd
2002-0543
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