HomeMy WebLinkAbout20042430.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - GENE AND DENISE
CARLSON
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 Gene and Denise Carlson, 25147 Weld County Road 47, 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 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, ex-offcio Board of Social Services,thatthe 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 Gene and Denise Carlson be, and hereby is, approved.
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 16th day of August, A.D., 2004, nunc pro tunc August 1, 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gaa,Atit ^Chair
Robert D. asden, Chair
��ounty Clerk to the Board
EXCUSED
y William Jerke, Pro-Tem
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M. eile
AS TO F P
David . Long
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Glenn Vaa
Date of signature: 42.91967
2004-2430
EG0050
(C PLO/ PL / iLL. of-o8-o y
KitMEMORANDUM
CTO: Board of County Commissioners DATE: August 9, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Temporary Construction Easement with Gene S. Carlson and Denise L. Carlson for
improvements to WCR 47.
Enclosures
pc: Leon Sievers
M i\I-Francie\AGENDA-5.doc
2004-2430
132
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Gene S. and Denise L. Carlson,whose
address is 25147 Weld County road 47, 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 that parcel described under Reception no. 2734967 in the office of
the Clerk and Recorder of Weld County, Colorado and located in the Southeast One-
Quarter of Section 26, 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.
5. If necessary for construction, Grantee may remove the existing trees in the 10 foot
easement area, however, every attempt will be made to leave the tree in place.
6. 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
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3214132 08/31/2004 11:25A Weld County, CO
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
62%,0y-a�3v
Grantor.
7. Grantee will reimburse Grantor the sum of Three Hundred Fifty and no/100
($350.00) 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.
/an L e0.t Ce�
en�arlson, Owner Denise L. Carlson, Owner
TAX ID NUMBER: TAX ID NUMBER:
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STATE OF COLORADO )
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COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5 day of
, 20( ,by Gene S. Carlson and Denise L. Carlson, Owners.
Witness my hand and official seal.
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s••2PUBLIC 0 commission expires: g_( se-zcoy
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
herein.
1861 � "-r "„. 471%
7 � � COUNTY OF WELD, STATE OF
�j C LORADO, GRANTEE
a \vo
�� r 'lerk t• the :oard Robert D. asden, Chairman,Board of
County Commissioners. AUG 16 2004
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3214132 08/31/2004 11:25A We County, CO
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk d Recorder
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