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Home My WebLink About20040761 RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR WCR 51 AND AUTHORIZE CHAIR TO SIGN - JEFFERY PARKER 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 Weld County Road 51 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 Jeffery Parker, P. O. Box 87, Hudson, Colorado 80642, commencing, February 1, 2004, and ending, December 31, 2004, or the end of the road reconstruction and improvements to Weld County Road 51, 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,that the Temporary Construction Easement for Weld County Road 51 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 Jeffery Parker, P. O. Box 87, Hudson, Colorado 80642 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 10th day of March, A.D., 2004, nunc pro tunc February 1, 2004. BOARD OF COUNTY COMMISSIONERS �/ �� WELD COUNTY, COLORADO ATTEST: EXCUSED Ana, obert D. Masden, Chair Weld County Clerk to th _ ,6 o :i&cit? A William H. Jerke, Pro-Tem BY: &a-i O UN Deputy Clerk to the Board EXCUSED M. eile� APP VED AS TO FORM: C `-'c Da Lon 2toey / Glenn VaaT— Date of signature: ,9 2004-0761 EG0050 004 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT is between Jeffery Scott Parker, whose address is PO Box 87, Hudson, Colorado 80642, 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. WITNESSETH: 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 the relocation and reconstruction of Jim Creek, reconstruction of the existing irrigation pond and other related items as part of the improvements to Weld County Road ("WCR") 51, in and to, over, under and across the following described land: See attached Exhibit A and Exhibit A map Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said Temporary Construction Easement is subject to the following conditions and covenants: 1. The Temporary Construction Easement shall commence on February 1, 2004, and shall expire and be of no further force or effect on December 31, 2004 or the end of the road reconstruction and improvements to WCR 51, whichever is earlier. 2. During the term of the Temporary Construction 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. Grantee shall reimburse the Grantor the sum of Six Thousand Two Hundred Eighty Four and no/100 ($6284.00) dollars for the Grant of this Easement. 5. Grantee shall reconstruct Jim Creek to a four foot wide clay lined bottom ditch. - 1 - fill��111111��FIB III IIIII��It 11of 64 R 0.00 2D00.0011Steve Moreno ClerkCO3 Recorder ca70dy_ G7 / 6. Grantee will reconstruct the existing irrigation pond to a depth 2 feet deeper than the existing pond and to a larger volume than the existing pond. 7. Grantee shall install a weir in Jim Creek and an 18" culvert upstream of the culvert, to fill the new pond. 8. Grantee will reimburse the Grantor the sum of Ten Thousand Eight Hundred Twenty Five ($10,825.00) for remodeling the center pivot irrigation system, including, but not limited to, removing approximately 21 feet of center pivot irrigation sprinkler pipe, installing and maintaining an end gun with pump and valve to maximize the area being irrigated, relocating the existing pump and piping in the pond as necessary and all other associated items necessary for the relocation and operation of the system. 9. Grantee will construct a roadside ditch on the east side of Weld County road 51 to accommodate storm drainage and waste irrigation runoff from adjoining property. Grantee will install properly sized culverts at the intersection of Weld County road 51 and Weld County road 16 to accommodate this drainage and runoff. The roadside ditch of Weld County road 16 will remain intact. 10.Grantee will reconstruct the existing driveway south of the existing pond to the same general size and location. Grantee will construct a 8 foot wide berm between Jim Creek and the new pond. 11.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 and shall run with the land. 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. Dated this X day of '&-15 , 20?t`' OWNER he/a_ Je a colt Parker 521- /7-692 / Tax Number - 2 - I 111111�III4 I11111111111EllIII!1!J 1III11 Conn , 111ItIII 32 of 5 R 0.00 D 0.00 Steve Moreno Clerk&Recorder GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. 4) Midlet4 COUNTY OF WELD, STATE OF COLORADO, GRANTEE Iasi IIsV pyctem r. a -� •♦• �`. the Board wtlliam H. 'Jerke, Chairman r - MAR 1 0 �004 Uitt Board of County commissioners 111111111111111111111111111M RI I I 111111 MU NE I 11111 3164004 03/23/2004 11:43A Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder - 3 - Svcv-»G/ EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 31, Township 2 North, Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of said Section 31, from whence the East Quarter corner of said Section 31 bears S00°05'29"W, with all bearings contained herein relative thereto; thence S44°29'31"W a distance of 42.88 feet to the south right of way line of Weld County Road 16, the west right of way line of Weld County Road 51 and the POINT OF BEGINNING; thence S00°05'29"W along said west right of way line a distance of 2359.25 feet to the north line of that parcel described under Reception#2915563 in the Office of the Clerk and Recorder of Weld County, Colorado; thence N87°41'10"W along said north line a distance of 15.01 feet; thence N00°05'29"E a distance of 1241.05 feet; thence N02°29'07"W a distance of 100.10 feet; thence N00°05'29"E a distance of 600.00 feet; thence N25°46'04"W a distance of 320.83 feet to a point of tangent curve to the left; thence 154.69 feet along the arc of said curve whose radius is 165.21 feet and central angle is 53°38'45"; thence N79°14'49"W a distance of 159.11 feet to the south right of way line of Weld County Road 16, thence N88°53'33"E along said south right of way line a distance of 434.47 feet to the POINT OF BEGINNING, and containing 2.027 acres, more or less. The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Kings Surveyors, Inc. Windsor, Colorado. 1111111 IIIII Ell IIII 3164004 4 o 5 2 � R 0.00 D 0.00 � Weld Count MorenoClerk'& Recorder EXHIBIT MAP A 544'29'31'W 42.88' N88'53'33"E 434.47' NE Cor N 1/4 Cor Sec 31-2-64 Sec 31-2-64 588'53'33"W N79'14'49"W 159.11.--//1/1 59.11' //,/ R=165.21') L=154.69' A=53'38'45" N25'46'04"W 320.83' 1�1^ vJ I N00'05'29"E 600.00' I NE 1 /4 Sec 31 — T2N—N— R 6 4 Wes, 500'05'29"W 2359.25' NO2'29'07"W 100.10' N 0 16 lD. CD c N I. O O) `o N N00'05'29"E 1241.05' O a J L CD v N o '1 l- CO I N87'41'10"W 15.01') 30' R.O.W. N88'34'40" E 1/4 Cor 0 200 400 800 Sec 31-2-64 Inna I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 1111111 IIIII IIIII 111111 111111 III 1111111 III IIIII IIII IIII LAND D SURVEY OR TE LAND SURVEY D VEY DESCRIPTION ONLY.IT IS DED TO 3184004 03/23/2004 11:43A Weld County, CO I5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LISS DEson WELD COUNTY ROAD 51 EASEMENT 1 ' 1 °°°" DESCRIPTION 1 DATE rveruory II, 2004 EXHIBIT MAP MEMORANDUM ITO: Clerk to the Board DATE: March 5, 2004 • FROM: Frank B. Hempen, Jr., COLORADO Director of Public Works/County Engineer SUBJECT: Agenda Item Temporary Construction Easement with Jeffery Scott Parker for WCR 51. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:\Francie\Agenda-1.doc c(;0 Or7SZO 2004-0761 Hello