HomeMy WebLinkAbout20040220.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY
ROAD 51 AND AUTHORIZE CHAIR TO SIGN - B & B FAMILY TRUST
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
Weld County Road 51 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 B&B
Family Trust, do Homer Grinde,Trustee, 5322 Weld County Road 51, with 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,that the Temporary Construction Easement for Weld County Road 51 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 B & B Family Trust be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said easement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WE CO NATY, COL RADO
ATTEST: fall rya41��
' Robert D. Masden, Chair
Weld County Clerk to the ar4 ' rBy: QY
William Jerke, Pro-Tem
Deputy Clerk to the Board
eile
RO DASTO o
David . Long
punt ttorn
//if. Glenn Vaad
Date of signature:
2004-0220
EG0050
�`• . ham APr'L_
9j
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is between B&B Family
Trust, Homer Grinde, Trustee, whose address is 5322 Weld County Road 51,
Keenesburg, Colorado 80643, 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.
WITNESSETH:
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 construction of a roadway culvert as part of the
improvements to Weld County Road ("WCR") 51, in and to, over, under and across the
following described land:
See attached Exhibit A and Exhibit A map
Together with all rights and privileges as are necessary or incidental to the reasonable
and proper use of such easement. Said Temporary Construction Easement is subject to
the following conditions and covenants:
1. The Temporary Construction Easement shall commence on January 1, 2004,
and shall expire and be of no further force or effect on December 31, 2004 or the
end of the road reconstruction and improvements to WCR 51, whichever is
earlier.
2. During the term of the Temporary Construction 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. Grantee shall reimburse the Grantor the sum of Three Hundred Fifty and no/100
($350.00) dollars for the Grant of this Easement.
5. Grantee shall remove the existing 18" culvert presently under the road and
replace with 68' of 42" culvert.
AIM 11111 VIII 11111 11111 11111 IIIIIII III VIII IIII IIII
3147977 01/26/2004 04:56P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
6. 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.
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.
Dated this S/ti day of Zp 41'44-Ay 200 y
OWNER:
B&B FAMILY TRUST
Homer Grinde, Trustee
117Le - 3r6 - 5r 9/qr
Tax Number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the
purpose set forth herein.
•""�� COUNTY OF WELD,
At"
STATE OF COLORADO, GRANTEE 361 t :e)( \LO---
' I I to the Board Robert D. Masden, Chairman (01/14/2004)
p 2gst Board of County Commissioners
111111111111111111111111111 11 111111111111 11111111111111
3147977 01/26/2004 04:56P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
M:\Leon\wcr 51\te WCR 51 Grinde.doc
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southwest One-Quarter of Section 5, Township 2 North,
Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado and
more fully described as follows:
Commencing at the Northwest corner of said Southeast One-Quarter of said Section 5,
from whence the Southwest corner of said Section 5 bears S01°25'42"E with all bearings
contained herein relative thereto; thence S13°43'03"E a distance of 140.95 feet to the east
right-of-way line of Weld County road 51 and the POINT OF BEGINNING; thence
S01°25'42"E along said east line a distance of 150.00 feet; thence N89°32'27"E a
distance of 10.00 feet; thence NO1°25'42"W a distance of 150.00 feet; thence
589°32'27"W a distance of 10.00 feet to the POINT OF BEGINNING and containing
0.034 acres, more or less.
The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for
Weld County and is based on survey information provided by King Surveyors, Windsor,
Colorado.
1111111 11111 Hill 11111 11111 11111 1111111II111111 I I I I
3147977 01/26/2004 04:56P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
EXHIBIT MAP A
W 1/4 Cor
Sec 5-2-64 N89'32'27"E J L
N
r
S13'43'03"E 140.95'
$69'32'27"W 10.00'
N . 0 b
11)
C o 0
N0 W 3 SW 1 /4
W d N tV
1.
o •
Sec 5— T2N— R64W
in N G
11 'yl N
O
a
1.+ N89'32'27"E 10.00'
30' ROW
SW Cor
Sec 5-2-64
0 50 100 200 I 111111 11111 Milli 11111 11111 1111111111 11111 I I I I III I
3147977 01/26/2004 04:56P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
SURVEY LVS
DESIGNWELD COUNTY ROAD 51 EASEMENT 1 1
DRAWN
"" DESCRIPTION
DATE SeP<pnbpr Iz, 2003 EXHIBIT MAP
►= , MEMORANDUM
CTO: Esther, CTB DATE: January 9, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Temporary Construction Easement with B&B Family Trust,Homer Grinde for WCR
51.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AWPFILES\FrancieAagendaleon-I.wpd
2004-0220
Hello