HomeMy WebLinkAbout20041042.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT AND
AUTHORIZE CHAIR TO SIGN - LYNN SMITH
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
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 Lynn Smith,
P.O. Box 122, Grover, Colorado 80729, commencing, December 15, 2003, and ending,
December 31, 2005, or the end of the road reconstruction and improvements to Weld County
Road 390,whichever is earlier,with further terms and conditions being as stated in said temporary
construction easement, and
WHEREAS, after review, the Board deems it advisable to approve and accept 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 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 Lynn Smith be, and hereby is, approved and accepted.
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 5th day of April, A.D., 2004, nunc pro tunc December 15, 2003.
BOARD OF COUNTY COMMISSIONERS
LD COU TY, COLO ADO
ATTEST: I •.�, E L
�`'� ®`Robert D. Masden, Chair
Weld County Clerk tothero. �.,:; /
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rwo�„. illiam H. rke, Pro-Tem
BY: . -r.#
Deputy Clerk to the Bohr Q) \ �x
M. 'mile
(APPROS/ AA TO:Fa.
Davi:. Lon
ounty Attorn yi,
Glenn ��jj ad
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Date of signature:
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2004-1042
EG0050
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TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Lynn E. Smith, whose address is PO Box
122, Grover, Colorado 80729, 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 the excavation and removal of the existing Rail Road grade (earthen fill
material) and to remove, move and reinstall the existing fence in and to, over, under and across
the following described land:
SEE EASEMENT EXHIBIT "A"
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 December 15, 2003,
and shall expire and be of no further force or effect at the end of the removal of
the material and the completion of the seeding or on December 31, 2005, which
ever comes first.
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, including seeding.
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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5. Grantee shall remove the existing fence presently located along the top of the
existing rail road fill area and temporarily reinstall the fence along the easterly
line of the abandoned Burlington Northern and Santa Fe Railway Companies
Right-of-Way(currently owned by Grantor). When the excavation and removal of
the fill material and reseeding is complete, Grantee will remove the temporary
fence and install a new fence along the westerly Right-of-Way line of said
abandoned rail road right-of-way.
6. Grantee is currently the owner of all that part of the abandoned Burlington
Northern Santa Fe Rail Road Companies right-of-way located in Section 22,
T ION, R61 W, except that part owned by Grantor. For the consideration of the
execution of this Temporary Easement, the Public Works Department will, upon
completion of the removal of the fill material and completion of the seeding,
petition the Board of County Commissioners to vacate that portion of the
abandoned Burlington Northern Santa Fe Rail Road and will remove the
temporary fence and install a new fence along the westerly Right-of-Way line of
said abandoned rail road right-of-way.
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.
E. Smith, Owner
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /ht day of
Mit ‘A , 20o`1, by Lynn E. Smith, Owner.
Witness my hand and official seal.
Notary Public
My commission expires: o&-o6-OS FAVAGWA'A'p/'49////A'//adapu.vud„
LEON W SIEVERS
a NOTARY PUBLIC &
STATE OF COLORADO
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: COUNTY OF WELD, STATE OF
COLORADO, G TEE
Ca-ca O gs:,
Deputy Clerk to the p y Ro ert D. asd , Chairman, Board of
®� � County Commissioners. APR O 5 2004
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 23 and the Southeast
One-Quarter of the Northeast One-Quarter of Section 22, Township 10 North, Range 61
West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully
described as follows:
All that part of the abandoned Burlington Northern Santa Fe Rail Road Right-of-Way
being in the Southwest One-Quarter of said Section 23 and in the Southeast One-Quarter
of the Northeast One-Quarter of said Section 22 and containing 6.9 acres, more or less.
The above description was prepared by Leon Sievers, Right of Way Agent, in and for
Weld County, Colorado and is based on existing maps and plats as found in the office of
the Clerk and Recorded, Weld County, Colorado.
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Li
r,9,
Kitt, MEMORANDA M29 PH 2: 56
R_C = . .D
TO: Clerk to the Board DATE: March 23, 2004
Ville.
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Lynn E. Smith (WCR 390)
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers
M:\Francie\Agenda-I.doc
2004-1042
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