HomeMy WebLinkAbout20041759.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS ON
WCR 47 AND AUTHORIZE CHAIR TO SIGN - GERALD AND WANDA MONROE
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 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 Gerald and Wanda Monroe, 24396 Weld County Road 47, LaSalle, Colorado 80645,
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 for Improvements 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 Gerald and
Wanda Monroe 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 28th day of June, A.D., 2004.
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j\I,` j: / f , BOARD OF COUNTY COMMISSIONERS
,
.�iM4i4Lh
WEL COUNT, COLORADO
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1761 'y 1:1 Robert D. Masden, Chair
r. x1 .€7t,
. c l !y Clerk to the Board
Z�4 ' William H erke, Pro-Tem
BY: /dc�G-,er �' -
Deputy Clerk tote Board
M. J. ile�
David . LonyAP ED AS T M:
AP
. Long
ounty Attorney Qj
G enn Vaa
Date of signature: /74V°z//
2004-1759
EG0050
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MEMORANDUM
C• TO: Board of County Commissioners DATE: June 23, 2004
II
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Gerald E. Monroe and Wanda Nadine Monroe for
Improvements to WCR 47.
Enclosures
pc: Leon Sievers
M:\I-Francie\AGENDA-5.doc
2004-1759
•
1j TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Gerald E. Monroe and Wanda Nadine
Monroe, whose address is 24396 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 10`h 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 and Lot A, Recorded Exemption
0961-36-3-RE-3192 as Recorded under Reception No. 2911948 in the Office of the Clerk
and Recorder, Weld County, Colorado and being located in the Southwest One-Quarter
of Section 36, 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.
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1111111 IIIII 1111 11111 111111111111111 HIE Ill! IIII
3200751 07/21/2004 12:47P Weld County, CO
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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.
7. Grantee will remove the trees that are located within the existing right-of-way.
Trees located within this Temporary Easement will be preserved, as much as
possible.
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.
caae �� 1 rsi-e _ %.„,.,„tay i 6 -,
Gerald E Monroe, er Wanda Nadine onroe, Owne
ID NUMBER: TAX ID NUMBER:
523 - 4-g- 9763 _4--a,2 -3a - .2 6 37
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this , Q. day of
w R _ , 200 'f by'oGVerald E. Monroe and Wanda Nadine Monroe, Owners.
Witness my katta.4W. al.
MARGARET .; �/
1 GASTILL0 yhQc-qc<A e-/ &49:f Pe
ktizirs', `S2./ Notary p6{blic
j
My commission expires:
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-1111111111111111111111 III'I IIII 111111 III 11111 IIII IIII
3200751 07/21/2004 12:47P Weld County, CO
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
�J {/ �_�0
lacl x �� ^ t COUNTY OF WELD, STATE OF
ats'�{ COLORADO, GRANTEE
r � •
"C
I -
0. ul C lerk to the Board Robert D. Masden, Chairman, Board of
County Commissioners. JUN 2 8 2004
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11111111111111111111111111111 1111 111111 III 111111111
3200751 07/21/2004 12:47p Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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