HomeMy WebLinkAbout20042321.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - JOYE SCHNEIDER
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 Joye Schneider,22949 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 Joye Schneider 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 9th day of August, A.D., 2004, nunc pro tunc August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
IEL WE D COUNTY, COLORADO
•
1861 I r 461 I � /r�
�(.'�`� Robert D. Masden, Chair
perk to the Board
Jee
William H. e e, Pro-Tem
Deputy Clerk o the Board
M. . ile
APP D AS TO •
David E. Long
unty Attorn y
Glenn Vaad
•
Date of signature: !Val; 9
2004-2321
,�� �1 EG0050
C�?: /4 /9W, i�L ow-30-OV
MEMORANDUM
wokTO: Clerk to the Board DATE: August 4, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Joye A. Schneider for Improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-way Agent
M:AFrancieAAgenda-2.doc
2004-2321
1j
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Joye A. Schneider,whose address is
22949 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.
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 South 701.00 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.
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. Grantee will remove the existing fence that is presently located within the road
right-of-way and at the end of construction will construct a new permanent fence
along the road right-of-way line. If Grantor requests, Grantee will construct a
temporary fence along the Temporary Construction Easement line and will
remove this temporary fence with the construction of the permanent fence.
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3212771 08/26/2004 01:15P Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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. 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.
�u ¢ A)
J e . Schneider, Owner
TAX ID NUMBER:
;863
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 7.8 day of
�, 20OX by Joye A. Schneider, Owner.
. 'urrr .
QA S .iQ zpy hand and official seal.
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
MMi! COUNTY OF WELD, STATE OF
COLORADO, GRANTEE 361
Sb‘it the Board Robert D. asden, Chairman, Board of
®C,VII' ' County Commissioners. AUG 0 9 2004
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3212771 08/26/2004 01:15P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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