HomeMy WebLinkAbout20043013.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR
IMPROVEMENTS TO WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN -
HAMILTON HAY FARMS, LLP
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 Hamilton Hay Farms, LLP, 25469 Weld County Road 49, 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 accept 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 Hamilton Hay Farms, LLP be, and hereby is, accepted.
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 11th day of October, A.D., 2004, nunc pro tunc August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
f� 144/11471-14Robert D. Masden, Chair
ct u Clerk to the Board _ //
1861 ►r. N
' William . erke, Pro-Tem
O,-., -
s�
� ,";" /Clerk to the Boar. &e-c-
--. M. J. Geile
AP V AS TO : EXCUSED
David E. Long
J _Z
unt Attorney EXCUSED
Glenn Vaad
Date of signature: AOA-90/
2004-3013
EG0050
C P' � 4(31'4_ //-/S -O y
MEMORANDUM
CTO: Clerk to the Board DATE: October 4, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Agenda
Temporary Construction Easement with Hamilton Hay Farms LLP for Improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AFrancieAAgend-1.doc
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2004-3013
608
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Hamilton Hay Farms, LLP, whose address
is 25469 Weld County road 49, Greeley, Colorado 80631, 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. 0961-25-3-
RE2413, 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 tcun 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 remove the existing fence, if necessary for construction. If the
existing fence is removed, Grantee will install a new permanent fence along the
right-of-way line at the end of construction. During construction, Grantee will
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1111111 VIII VIII 1111111 VIII III 1111111 III in IIII IIII
3232608 11/03/2004 11:44A Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
& 9'/- 37/3
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construct a temporary fence along the temporary easement line and will remove
this temporary fence when construction of the permanent fence along the right-of-
way line is completed.
7. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
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.
OWNER: OWNER:
HAMILTON HAY FARMS, LLP HAMILTON HAY FARMS, LLP
ateita
Melvin Hamilton Mar ene Hamilton
TAX ID NUMBER: TAX ID NUMBER:
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 15t day of
c- , by Hamilton Hay Farms, LLP, by Melvin Hamilton and Marlene
Hamilton, Owners.
Witness my hand and official seal.
I'oti '1i
Mar
W SIEVERS i
BLIC
My commission expires: 08-06-06-- $ Nsmn�OF CY OLORADO
$
0
genvesiveren enmend
1111111 1111111111 IIIIIII VIII III 1111111 III VIII II III
3232608 11/0312004 11:44A Weld County, CO
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•
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
- Pherein.
Imo` EL4..
1861 Iraj / //iii,Pet COUNTY OF WELD, STATE OF
%1 COLORADO, GRANTEE
, Pe,
f '
•®li c ® ,. /nadt -st—e
fir• rel*to t e Board Robert D. Masden, Chairman, Board of
County Commissioners. OCT 1 1 2004
I\VIII VIII VIII 1111111lu11111Iii\Ii1III%U%IIII IIII
3232608 11103/2004 11
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk
2 tCS' 3CY3
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