HomeMy WebLinkAbout20041598.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT ON WCR 47 AND AUTHORIZE
CHAIR TO SIGN - DIANE INDORF
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 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 Diane
Indorf, P.O. Box 336932, Greeley, Colorado 80633, 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 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 Diane Indorf, P.O. Box 336932,Greeley,
Colorado 80633, 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 14th day of June, A.D., 2004.
p Etta WEI BOARD
OF COUNTY COMMISSIONERS
rD OUNTY O ORADO
1861 ( _ L iZ� ,�
7 ""`�'�( Robert D. Masden, Chair
+� ►�u' Clerk to the Board ,
® N William H. rke, Pro--Tem
•
Deputy Clerk to the Board
M. eile
APPR AST M:
Davi E. Long
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nt/Atto ey EXCUSED
Glenn Vaad
Date of signature: 4 -a-/-pv
2004-1598
EG0050
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MEMORANDUM_ ,
f 2: 53
INCIgoTO: Clerk to the Board DATE: June 3, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement on WCR 47 with Diane M. Indorf
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M.AFrancieVAgenda-I.doc
2004-1598
9j
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Diane M. Indorf, whose address is PO Box
336932, Greeley, Colorado 80633, 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:
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 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.
6. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
dollars for the execution of this Temporary Construction Easement.
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111111111111111111111111111111111111111111 BE I I I 11111
3191920 06/23/2004 11:23A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
,ate ,-Q-,
Diane M. Indorf, Owner
TAX ID NUMBER:
-3 y - 5702
STATE OF COLORADO )
)ss
COUNTY OF WELD )
/ The foregoing instrument was acknowledged before me this 0 day of
•p tt K 1. , 20,I4 by Diane M. Indorf, Owner.
Witness my hand and official seal. /// / L•Notary lic l/ .' �oTa �'.!LG�
My commission expires: 2 /,Z
c ppeL� :PQO,:
OF COLD.
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: a� 4/1 ,I„ COUNTY OF WELD, STATE OF
" 7 ,,I �®�` C LORADO, GRANTEE
Elace/ ..�► .a �v ���Deputy Clerk to the Board `m rit "'' Robert D. Masden, Chairman, Board of
County Commissioners. JUN 1 4 2004
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X111111111111111 111111 111111 111111 ill11111IIII Ill
3191920 06/23/2004 11:23A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /s-2
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 35, Township 5 North,
Range 65 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 Northeast One-Quarter, from whence the
Northeast corner of said Northeast One-Quarter bears N00°13'33"W with all bearings
contained herein relative thereto; thence N05°24'17"W a distance of 332.35 feet to a
point on the west right-of-way line of Weld County road 47 and the POINT OF
BEGINNING; thence N89°50'22"W a distance of 10.00 feet; thence N00°13'33"W a
distance of 994.00 feet; thence S89°47'44"E a distance of 10.00 feet to the west right-of-
way line of Weld County road 47; thence S00°13'33"E along said west right-of-way line
a distance of 993.99 feet to the POINT OF BEGINNING and containing 0.228 acres,
more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for
Weld County, and is based on survey information provided by Frederick Land Surveying,
6844 North Franklin Avenue, Loveland, Colorado 80538
11111111111111111111111 IIII 111111111111 III 111111111 IIII
3191920 06/23/2004 11:23A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT 111 P SNE Sec ec 35-9 65
EXIST 30' ROW
589'47'44"E 1289.93'
589'47'44"E 10.00'
NE 1/4
500'13'33"E 993.99'
Sec 35— T5N— R65W a �
a, w
to aL
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C4 N o
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in o
74)M
N
N
bO
N00'13'33"W 994 )0' 0
Z
N89'50'22"W 10.00'
J L
h169'5O'Y 'W 1291.27'
n
NC 24'17"W 332.35'
0 100 200 400
6ma
^ N89'52"07"W
NOTE: THIS EXHIBITMAP DOES NOT REPRESENT A NONUNENTED SE 1/16 Cor v E 1/4 Cor
Sec 35-5-65
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO Sec 35-5-65
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
ISIY LWS
Drsmn WELD COUNTY ROAD 47 EASEMENT 1 'I
°"°"" DESCRIPTION 1
D.h May 20, 2004 EXHIBIT MAP
I1111 NE IN IIII VIIII INE III 11111 III
3191920 06/23/2004 11:23A Weld County, CO
4 of__4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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