HomeMy WebLinkAbout20043255.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - ROBERT BENSON
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 46, 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 Robert Benson, 25169 Weld County Road 47, Greeley, Colorado 80631,
commencing November 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 Robert Benson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of November, A.D., 2004, nunc pro tunc November 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
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Medla-l:e4 &
:' ., . Robert D. Masden, Chair
1861 t7 ' ' 111; 5 Clerk to the boaru
William H. Jer ro-Tem
BY: i
Deputy Clerk o the Board
M. . ei e
AP AS TO t
Davi . Long
orney
Glenn Vaad •
Date of signature: jOgA
2004-3255
EG0050
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MEMORANDUM
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TO: Clerk to the Board DATE: November 4, 2004
COLORADO• FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Chair's Signature Requested
Temporary Construction Easement with Robert E. Benson for improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\FrancietAgend-Leon.due
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2004-3255
898
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Robert E. Benson, whose address is 25169
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 West 10.00 feet of the East 40.00 feet of the North 317.2 feet of the South 1118.2
feet of the Southeast One-Quarter of Section 26, Township 5 North, Range 65 West of
the Sixth Principal Meridian, County of Weld, State of Colorado and containing 0.027
acres, more or less.
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 November 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. Grantee will reimburse the Gantor the sum of Three Thousand Two Hundred Fifty
and no/100 ($3250.00) dollars for the removal of the existing fence,by Grantee,
that is presently located along the westerly side of Weld County road 47. This
11111111111111111111111III IIIII1111111III11111 /III VIII
3236898 11/19/2004 11:05A Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Dol-Sai6-3-
reimbursement is based on replacement costs. If the fence is replaced by Grantor,
the fence shall be relocated along the west right-of-way line of Weld County road
47 and will be constructed when road construction is completed.
6. 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.
7. Trees located within the existing road right-of-way will be removed, when
necessary, by Grantee.
8. Grantee will reimburse Grantor the sum of Seven Hundred and no/100 ($700.00)
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.
Robert E. Benson, Owner
TAX ID NUMBER:
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STATE OF COLORADO )
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COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _3 day of
N by , 20 v‘-;\by Robert E. Benson, Owner.
Witness my hand and official seal.
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3236898 11/19/2004 11:05A Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
EL
: 7"44,4“ COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
1861 t"-
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Clerk to the Board Robert D. asden, Chairman, Board of
County Commissioners. NOV 1 0 2004
111111111111111111111111IIII11111111111III HIII1111
3236898 11/19/2004 11:05A Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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