HomeMy WebLinkAbout20041544.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY ROAD
74 AND AUTHORIZE CHAIR TO SIGN - J. GALE AND VALERIE MOODY
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
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 J. Gale and
Valerie Moody, commencing January 30, 2004, and ending June 30, 2004,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,that the Temporary Construction Easement 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 J. Gale and Valerie Moody 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 2nd day of June, A.D., 2004 nunc pro tunc January 30, 2004.
BOARD OF COUNTY COMMISSIONERS
,t\N ELF\ WELD COUNTY, COLORADO
��• EXCUSED
1861 ( �� Robert D. Masden, Chair
to the Board
William rke, Pro-Tem
eputy Clerk to the Board
M. ile
APP S TOa
siZ David . Long
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Glenn Vaad
2004-1544
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MEMORANDUM
CTO: Clerk to the Board DATE: May 26, 2004
COLORADO FROM: Keith Meyer, Engineering Manager YV
SUBJECT: Agenda Item
Temporary Construction Easement with J. Gale Moody and Valerie A. Moody for
improvements to WCR 74
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers
M:\Francie\Agenda-I doc
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2004-1544
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between J. Gale Moody and Valerie A. Moody,
whose address is PO Box 210, Eaton, Colorado 80615, 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 grading and shaping and installation of a culvert along and adjacent to Weld
County Road#74 , in and to, over, under and across the following described land:
SEE EASEMENT EXHIBIT"A"
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 January 30, 2004,
and shall expire and be of no further force or effect on June 30, 2004.
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. Owner shall maintain said culvert after construction is completed.
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3191032 06/21/2004 02:08P Weld County, CO
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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,
a . trator uc ssorsaxd assigns of the respective parties hereto./7J a e oody, Owner Valerie A. Mood , O
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 2.6 day of
, 2000iby J. Gale Moody and Valerie A. Moody, Owners.
Witries hi-1y hand and official seal.
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Fo, 9 ��a fission expires: /6, Zl�D7
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
h="L ' 14411144/14 COUNTY OF WELD, STATE OF
— COLORADO, GRANTEE
1861 t , ,_
` to the Boars William H. Jerke, Chair Pro—Tem Board of
,r. t.° t. County Commissioners. (06/02/2004)
c'iiir. .C. y
Page 2 of 2 pages
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the South One-Half of Section 32, Township 7 North, Range
66 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more
fully described as follows:
Commencing at the Southeast corner of said Section 32, from whence the South Quarter
Corner of said Section 32 bears S88°51'01"W with all bearings contained herein relative
thereto; thence N89°33'58"W a distance of 1085.50 feet to a point on the North right of
way line of Weld County road 74 and the POINT OF BEGINNING; thence
S88°51'01"W along said North right of way line a distance of 903.15 feet to a point of
curve to the right; thence 417.12 feet along the arc of said curve whose radius is 912.12
feet and central angle is 26°12'06"; thence N25°03'07"E a distance of 50.00 feet to a
point of non-tangent curve to the left; thence 394.25 feet along the are of said curve
whose radius is 862.12 feet, central angle is 26°12'06" and whose chord bears
S78°01'24"E a distance of 390.08 feet; thence N88°51'01"E a distance of 903.38 feet;
thence S00°00'00"E a distance of 50.00 feet to the POINT OF BEGINNING and
containing 1.50 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent in and for
Weld County, Colorado and is based on survey information obtained in November, 2003.
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3191032 06/21/2004 02:08P Weld County, CO
3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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