HomeMy WebLinkAbout20042323.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - WEST COLORADO
SQUARE, LTD.
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 West Colorado Square, Ltd., 4250 West 16th Street, Number 44, 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 West Colorado Square, Ltd. 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 9th day of August, A.D., 2004, nunc pro tunc August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
'I EL k% WE COUNTY COLORADO
M%
I 1861 I; !la% Robert D. Masden, Chair
iviS • ; r lerk to the Board
kt.,�®f �� / William H. Jer , Pro-Tem
6:1tor
rail" Clerk to the Board
M. J.
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APP ED A M:
David E. Long
Cain rney
Glenn Vaad
Date of signature: `�'/a%i
2004-2323
EG0050
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MEMORANDUM
1
CTO: Clerk to the Board DATE: August 2, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Chair's Signature
Temporary Construction Easement with West Colorado Square LTD for improvements to
WCR 47.
Please scan the fully executed document as soon as it is signed.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-way Agent
M:\FrancieW genda-I.doc
2004-2323
i39
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between West Colorado Square LTD, whose
address is 4250 West 16th Street, #44, Greeley, Colorado 80634, 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 East 10.00 feet of the West 40.00 feet of Lot B, Recorded Exemption No. 0961-26-1-
RE3128, as recorded in the office of the Clerk and Recorder, Weld County, 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. 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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3213139 08/27/2004 01:17P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ci2eo 4/-2.3,;13
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.
OWNER:
WEST COLORADO SQUARE, LTD
wrence H. Hertzke, Genteral er
TAX ID NUMBER:
24-I/ --7?4 ?
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 4 9 day of
CIL Lt! , 2099,by West Colorado Square, LTD, Lawrence H. Hertzke, General Partner.
Witness my hand and official seal.
Notary Pu is
My commission expires: ,3--/.9-app?
�o�pRY...........
!
• EVELYN M. 1i
1 BURKE i
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1 MID 111111111111111 DUI
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3213139 08/27/2004 01:17P 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.
iaKe,/,,{���'�/a // COUNTY OF WELD, STATE OF
"~~~~77 ��//(( COLORADO, GRANTEE
1861 ,
n y CX rk to the Board -= l Robert D. Masden, Chairman, Board of
County Commissioners. AUG O Q 2004
1111111111 NI 11111111101 IIII 111111 III 11111 IIII IIII
3213139 08/27/2004 01:17P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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