HomeMy WebLinkAbout20042576.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - GENEVA A. CLARK
LIVING TRUST, GENEVA AND CLARENCE CLARK, TRUSTEES
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 Geneva A. Clark Living Trust, Geneva and Clarence Clark, Trustees, 23464 Weld
County Road 52, 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 Geneva A.Clark Living Trust,Geneva and Clarence Clark,Trustees 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.
2004-2576
EG0050
CC ; AA), IBC_ 1}-Ph -20 .6cI
TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WELD COUNTY
ROAD 47 AND AUTHORIZE CHAIR TO SIGN - GENEVA A. CLARK LIVING TRUST, GENEVA
AND CLARENCE CLARK, TRUSTEES
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
wing vote on the 30th day of August, A.D., 2004, nunc pro tunc August 1, 2004.
ti ElL a
BOARD OF COUNTY COMMISSIONERS
LD CO NTY, COLORADO
1861` x:;10'STitlikv
Vv`d
Robert D. Masden, Chair
e Q aunty Clerk to the Board
BY: 4141,--70L-04- . William H. J e, Pro-Tem
Deputy Clerk to the Board 7
. J. G "le
AP AST • ( _:
David . Long ,
ounty ney
Glenn Vaad
Date of signature: -9,04"-/
2004-2576
EG0050
0
61tt
MEMORANDUM
CTO: Clerk to the Board DATE: August 25, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Geneva A. Clark Living Trust, Geneva A. Clark and
Clarence C. Clark, Trustees, for Improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M-AFrancieAAgend-Leon.doc
2004-2576
22O
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Geneva A. Clark Living Trust, Geneva A.
Clark and Clarence C. Clark, Trustees,whose address is 23464 Weld County road 52, 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.
a
rai- g Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
sm.-o- cee necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
a' Easement is for extra grading and shaping of the roadway ditch during the construction of
E improvements to Weld County Road#47, in and to, over, under and across the following
OM=-C2 described land:
-E The East 10.00 feet of the West 40.00 feet of Lot B Amended Recorded Exemption 0961-
36-2-RE-489 as recorded under Reception No. 2340591 in the office of the Clerk and Recorder,
�!4 in 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.
a N C Together with all rights and privileges as are necessary or incidental to the reasonable and proper
=N of use of such easement. Said temporary easement is subject to the following conditions and
o covenants:
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•mm-'r- 0 1. Said Temporary Construction Easement shall commence on August 1, 2004, and
to 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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021)0 q--)t-S-74
6. Trees located within the existing road right of way will be removed, if required,
for construction operations. Trees located within the easement will be preserved,
whenever possible.
7. The existing fence along the right-of-way will be removed for construction and a
new fence will be installed along the Right-of-way line when construction is
C m completed. This work will be completed by Grantee. At Grantors request, a
temporary fence will be installed along the easement line during construction.
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8 ee 8. Grantee will reimburse Grantor the sum of Five Hundred and no/100($500.00)
o dollars for the execution of this Temporary Construction Easement.
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am-22
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
-a Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
armr o y administrators successors and assigns of the respective parties hereto.
so
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N .��� "'C� `•--�I�GR- J�3� lie V _ '/'
�1o0 G�CLJ �/
oo Geneva A. Clark, Trustee Clarence C. Clark, Trustee
� TAX ID NUMBER: TAX ID NUMBER:
=mit
Sa /- - y 559 S,7( eAD — S7e/G /
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this a 3ciday of
20C '(by Geneva A. Clark and Clarence C. Clark, Trustees of the Geneva A.
Clar Trust.
• wdsgin hand and official seal.
NOTARy'• _ < � 1 °r
,b "' N Public -1/
• per S ion expires:
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.gatCOUNTY OF WELD, STATE OF
COLORADO, GRANTEE
1161
rk to a Board Robert D. Masden, Chairman, Board of
Ot, County Commissioners. AUG 3 0 2004
1 11111111111 11111 11111 1111111 IIII 111111 111 11111 IIII III!
3221259 09/22/2004 11:57A Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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