HomeMy WebLinkAbout20041820.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS ON
WCR 47 AND AUTHORIZE CHAIR TO SIGN - RICHARD BELLENDIR
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 Richard Bellendir,24501 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 Temporary Construction Easement, and
WHEREAS, after review, the Board deems it advisable to approve said Temporary
Construction 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 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 Richard
Bellendir be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said Temporary Construction Easement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
I . /. /� ��� WELD,COUNTY COLORADO
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1861 `` S ��
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Robert
C•-� lerk to the Board D. Masden, Chair
61;4---rWilliam H. <e, Pro-Tem
ethelf-Deputy Clerk to the Board �(
J. ^
AD •
Alh /
David . Lon
(aunty Attorney
Glenn Vaad
Date of signature: 41/rAyi
2004-1820
EG0050
((1. PL , 449a4 o 9= s-by
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MEMORANDUM Willi TO: Clerk to the Board DATE: June 28, 2004
COLORADO• FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Richard A. Bellendir for improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AFrancieAAgend-Leon.doc
2004-1820
e
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Richard A. Bellendir, whose address is
24501 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"' 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 West 10.00 feet of the East 40.00 feet of Recorded Exemption RE-3675 as located in
Section 35, Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld
County, Colorado and containing 0.031 acres, more or less.
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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1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
AOD —/8.2O
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.
/4 _'
Richard A. Bellendir, Owner
TAX ID NUMBER:
- o8 -? ?LI /
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this '{ day of
, 200/4 by Richard A. Bellendir, Owner.
T VA. yhand and official seal.
GJ
JOAN C. ; otary Public
U
HEGLAN0
rr1,_A .• My com, �'on expires:
1�1`` ` '''pO; ( �S G6
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: i gniet tV COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
/ / / 'may ! `► L��� `r. $_
Deputy Cler to the Board i ' �'•obert D. Malden,
� Chairman, Board of
= ount Commissioners.
y JUL O 7 2004
444, ors
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