HomeMy WebLinkAbout20042554 RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - DANIEL AND KELLIE
RULLA
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 Daniel and Kellie Rulla, 24432 Weld County Road 47, LaSalle, Colorado 80645,
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 Daniel and Kellie Rulla 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 25th day of August, A.D., 2004, nunc pro tunc August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
M a �.
Robert D. Masden, Chair
1861 lerk to the Board y
, William H. Je Ife, Pro-Tem
uty Clerk t the Board
M. J. He
.1;431,3AS TO F :
/� David E. Long
n{y A orney; � EXCUSED
Glenn Vaad
Date of signature: 44,5"--
2004-2554
EG0050
no: plat), Pe, �4_ 9nipiey
Kit""6";; „.
t MEMORANDUM
Wilk. TO: Clerk to the Board DATE: August 20, 2004
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Temporary Construction Easement with Daniel E.Rulla and Kellie J.Rulla for improvements
to WCR 47.
Enclosures
pc: Leon Sievers
M:AFrancieAAgend-1 doc
2004-2554
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33%
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Daniel E. and Kellie J. Rulla, whose
address is 24432 Weld County road 47, LaSalle, Colorado 80645, 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 atm
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction 3
Easement is for extra grading and shaping of the roadway ditch during the construction of arc.c cc
improvements to Weld County Road#47, in and to, over, under and across the following a"Y
described land: o=1.11
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The East 10.00 feet of the West 40.00 feet of Lot A Recorded Exemption 0961-36-3- Wm,? E
RE1985 as recorded under Reception No. 2536437 in the office of the Clerk and Recorder, Weld --lam-3'§
County, Colorado and is located in the Southwest One-Quarter of Section 36, Township 5 North, au a.
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Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. ti
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Together with all rights and privileges as are necessary or incidental to the reasonable and proper Me c o
use of such easement. Said temporary easement is subject to the following conditions and g;c
covenants: =0 0
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1. Said Temporary Construction Easement shall commence on August 1, 2004, and eg"
shall expire and be of no further force or effect on August 1, 2005 or the a r
completion of the project,whichever is earlier. ==g,-
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. Trees located within the existing road right of way will be removed, if required,
- 1 -
for construction operations. Trees located within the easement will be preserved,
whenever possible.
7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100
($350.00) 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.
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Daniel E. Rulla, Owner Kellie J. Rulla, Owner —o a
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TAX ID NUMBER: TAX ID NUMBER: r c
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STATE OF COLORADO ) moo
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COUNTY OF WELD ) •N
The foregoing instrument was acknowledged before me this 191'` day of M.
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ri�y z r , 2(b;,by Daniel E. Rulla and Kellie J. Rulla, Owners.
MEM
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Witness my hand and official seal. J 7:=M '
. '4e\-t/ 1itJ�it�iU?.o
Notary Public
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My commission expires: o8.o -OS $ LEON W sawn •
$ NOTARY PUBLIC $
j STATE OF COLORADO
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: L ai.4 COUNTY OF WELD, STATE OF
^
COLORAoDO, GRANTEE/44(44L1
ty Cto the Board 411._ � ' •obert D. Masden, hairman, Board of
` " ounty Commissioners. AUG 2 5 2004
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