HomeMy WebLinkAbout20042431.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - HAROLD AND
PHYLLIS JOHNSON
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 Road 47, 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 Harold and Phyllis Johnson, 25938 Weld County Road 47, Greeley, Colorado 80631,
commencing August 1, 2004, and ending August 1, 2005 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 Road 47, 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 Harold and Phyllis Johnson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 16th day of August, A.D., 2004, nunc pro tuns August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
WErLp (COUNTY, COLORADO
ATTEST: a /4%4 ‘0
Robert D. Masden, Chair
Clerk to the Board
EXCUSED
1861 William ,Jerke, Pro-Tem
it s p.,y rkto the Board
b' „ :• .,..; .' . =r,r M. eile
APP AS TO M: c
Davi . Long
my Attorr4
Glenn Vaad
Date of signature: sirary
2004-2431
EG0050
(70 PL- . C FS--O �/
►- MEMORANDUM
wipeTO: Clerk to the Board DATE: August 10, 2004
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Harold L. Johnson and Phyllis A. Johnson for
improvements to WCR 47.
Enclosures
pc: Leon Sievers
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2004-2431
133
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Harold L. Johnson and Phyllis A. Johnson,
whose address is 25938 Weld County road 47, Greeley, Colorado 80631, 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 during the construction of
improvements to Weld County Road#47, in and to, over, under and across the following
described land:
The East 10.00 feet of the West 40.00 feet of Lot B, Corrected Recorded Exemption No.
0961-25-3-RE2308, as recorded under Reception No. 3124677 in the office of the Clerk
and Recorder, Weld County, Colorado and located in the Northwest One-Quarter of
Section 25, Township 5 North, Range 65 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 August 1, 2004, and
shall expire and be of no further force or effect on August 1, 2005 or the
completion of the project,whichever is earlier.
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. Grantor shall grant Grantee access onto the property to regrade, reshape and
rebuild the existing driveway(s) as necessary and to the satisfaction of the
Grantor.
- 1 -111111VIIIVIII (IIII 1111111 VIII VIII III 11111 IIII IIII
3214133 08/31/2004 11:25A Weld County, CO
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6. Grantee will remove the existing fence located within the existing road right-of-
way, as necessary for construction. The fence will not be replaced by the Grantee.
7. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
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,
adm.nis tors successors and assigns of the respective arties hereto.
Harold L. Johnson, Owner Phylli A. Johnson. O er
TAX ID NUMBER: TAX ID NUMBER:
53 i - a -13Li del --- 3E- 1x{78
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this the day of
, 200 gby Harold L. Johnson and Phyllis A. Johnson, Owners.
Witness my hand and official seal.
Notary P c ,c1;:...-" ••!�
®' artei •
My commission expires: ti�
�„� My Commission Expires On. 19,2044 ' 1.r'`
,IN 1 . 1. /x % \ ,,`,
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ae: tW �`�GRANTEE HEREBY ACCEPTS this Temporary Construction Ease for the purpose
tJ5!' l herein.
%C. W c.1 T: iated, COUNTY OF WELD, STATE OF
N`_ r'
( / J OLORADO, GRANTEE
•
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eputy Clerk t t e Board cl Robert D. Masden, Chairman, Board of
County Commissioners. AIM1 R 9(1(1d
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IIIIIIII1I1IVIIIVIII 11111111111 VIII III MUM IIII
3214133 08/31/2004 11:25A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0P D.° a'3/
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