HomeMy WebLinkAbout20041758.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS ON
WCR 47 AND AUTHORIZE CHAIR TO SIGN - ROSE BARNHART
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 on 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 Rose Barnhart,24788 Weld County Road 47, LaSalle,Colorado 80645, commencing
August 1,2004 and ending August 1,2005,with further terms and conditions being as stated in said
agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, 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 Improvements on 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 Rose Barnhart
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
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D COUNTY, C^OJ ORADO ses‘ gt /Mar _)•
-le c i city Clerk to the Board
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` \, 1 �.� William erke, Pro-Tem
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Deputy Clerk to the Board
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Davir . Long
ountyAttor'iey „f;_,,,, !r '♦
Glenn Vaad
Date of signature: 4// /6'f
2004-1758
EG0050
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MEMORANDUM
WineTO: Board of County Commissioners DATE: June 18, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Temporary Construction Easement with Rose M. Barnhart for improvements to WCR 47.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Franc ie\Agenda-I.doc
2004-1758
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Rose M. Barnhart, whose address is 24788
Weld County road 47, LaSalle, Colorado 80645, 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 A, Recorded Exemption 0961-36-3-
RE877 as recorded in the office of the Clerk and Recorder, Weld County, Colorado and is
located in the Northwest One-Quarter of Section 36, 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.
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6. 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,
administrators successors and assigns of the respective parties hereto.
",CL3¢J 4:(2.1 cc.,.
Rose M. Barnhart, Owner
TAX ID NUMBER:
STATE OF COLORADO )
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COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ''`oday of
�JLL I4 , 20&l /t
by Rose M. Barnhart, Owner.
Witness my hand and official seal. = _ ROMFq`
Not.i y Public ' '
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My commission expires: q //- 3%. '
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
t forth herein.
•
COUNTY OF WELD, STATE OF
non C LLORRAADO, GRANTEE
Wa-
0tti rk to the Board Robert D. Masden, Chairman, Board of
County Commissioners. JUN 2 8 2004
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