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Home My WebLink About20041543.tiff RESOLUTION RE: APPROVE TWO TEMPORARY CONSTRUCTION EASEMENTS FOR WELD COUNTY ROAD 51 AND AUTHORIZE CHAIR TO SIGN -ROCKY MOUNTAIN ENERGY CENTER, LLC 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 two Temporary Construction Easements 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 Rocky Mountain Energy Center, LLC,commencing February 1,2004 and ending December 31,2004 with further terms and conditions being as stated in said easements, and WHEREAS,after review,the Board deems it advisable to approve said easements,copies of which are 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 Easements 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 Rocky Mountain Energy Center, LLC, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said easements. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D., 2004 nunc pro tunc February 1, 2004. BOARD OF COUNTY COMMISSIONERS Elea WELD COUNTY, COLORADO EXCUSED 1861 � Robert D. Masden, Chair lv - •+u, Clerk to the Board ©Ur Wt • - William H. rke, Pro-Tem BY: ,i.✓ r�e 2��, � Deputy Clerk to the Board 1cz.-c- M. Geile AP AS • QA/o : i:: Attorn y Date of signature: -01` 2004-1543 00 ` c-cJ, PC_ EG0050 (74—st o‘;' ) MEMORANDUM CTO: Clerk to the Board DATE: May 25, 2004 • COLORADO FROM: Keith Meyer, Engineering Manager j�jk'C SUBJECT: Agenda Item 1Y� Temporary Construction Easement in Section 31 with Rocky Mountain Energy Center LLC for the improvements to WCR 51 Clerk to the Board---Please return one original to Leon Sievers as soon as it is signed. The appropriate documentation is attached. Enclosures pc: Leon Sievers M:\Francic W genda-I.doc -J —sl _ --1 —C Lti 2004-1543 TEMPORARY CONSTRUCTION EASEMENT 036 A Temporary Construction Easement between Rocky Mountain Energy Center, LLC, a Delaware limited liability company, whose address is PO Box 11749 Pleasanton, California 94588-1749, 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 reconstruction of the existing irrigation lateral and other associated tasks during the construction of improvements to Weld County Road#51, in and to, over, under and across the following described parcels of land: SEE 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 February 1, 2004, and shall expire and be of no further force or effect on December 31, 2004, or the end of construction, whichever 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. 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. Grantee will relocate the existing earthen irrigation lateral from its present location within the right of way of Weld County road 51 to approximately five feet west of the west right of way line of Weld County road 51. The new irrigation lateral will be reconstructed to the same approximate size, shape and elevation as the original ditch. 6. For the construction of the irrigation lateral, Grantee may remove portions of the existing fence that is located along the west right of way of Weld County road 51. When the lateral is completed, a new fence will be reconstructed in the same - 1 -111111VIIIVIII111111 IIII 1111111 VIII III RUB IIII 3191036 06/21/2004 02:08P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c)66//-“6 location. The new fence will be a four strand barbed wire fence with steel posts set at approximately every 16 feet with a wood post set at every fourth steel post. 7. Grantor will grant this Temporary Construction Easement at no cost to the Grantee. 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: RBI S MOUNTIAN NERGY CENTER LLC Richard L. omas. Vice President STATE OF (o J� OYz �� (6 ) )ss COUNTY OF Ale'tn.vaL) The foregoing instrument was acknowledged before me this /G day of O.1)/21.,L , 20GGJ, by Richard L. Thomas, Vice President. official seal. A. ORENI 7 .!'l`_ NoCtary Public u lic 8 California8 ��GL•vas":i Notory Public- onfp / `s rj , San Francisco County Notary Public My Cann.Fries Feb23.2005 My commission expires: / 7 bid , v 3, GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose `herein. 1861 � i, /i "ma{ �_ __�o� "v" Ati COUNTY OF WELD, STATE OF y COLORADO, GRANTEE eepitty C er othe Board William H. Jerke, Chair Pro-Tem Board of County Conunissioners. (06/02/2004) Illill VIII lull Ililll IIII 1111111 lull III VIII IIII IIII 3191036 06/21/2004 02:0BP Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder _02(6'yiS-r3 EXHIBIT MAP A E 1/4 Cor N8 Sec 31-2-64 N90'00'00"E 15.00' 519'45'03"W 89.15' PARCEL #1 NO0'05'15"E 1200.00' 500'05'15"W 1200.00' SE 1 /4 i Sec 31 — T2N— R64W 30' ROW I ^ N8P00'00"W 15.00' *^ V CD N90'00'00"E 15.00' \ in N N OO m a 'n o I(1 N PARCEL #2 ba co N00'05'15"E 1071.62' 500'OS'15"W 1071.13' J L N it I 588'0812"W SE Cor / See 31-2-64 588'08'12"W 15.01' 588'08'12"W 30.02' 0 200 400 800 1 IIII!! 1111111111111111 !III 111111111111 III 1111111111111 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3191036 06/21/2004 02:08P Weld County, CO LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk$ Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT omav LWS Drew" WELD COUNTY ROAD 51 EASEMENT 1 ' 1 °""" "" DESCRIPTION EXHIBIT MAP 1 Dan .i nuory 12. 2009 EXHIBIT A LEGAL DESCRIPTION PARCEL#1 A parcel of land located in the Southeast One-Quarter of Section 31, 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 East Quarter corner of said Section 31, from whence the Southeast corner of said Section 31 bears S00°05'15"W, with all bearings contained herein relative thereto; thence S19°45'03"W a distance of 89.15 feet to the west right of way line of Weld County Road 51 and the POINT OF BEGINNING; thence S00°05'15"W along said west right of way line a distance of 1200.00 feet; thence N90°00'00"W a distance of 15.00 feet; thence N00°05'15"E a distance of 1200.00 feet; thence N90°00'00"E a distance of 15.00 feet to the POINT OF BEGINNING, and containing 0.413 acres, more or less. PARCEL#2 A parcel of land located in the Southeast One-Quarter of Section 31, 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 Southeast corner of said Section 31, from whence the East Quarter corner of said Section 31 bears N00°05'15"E, with all bearings contained herein relative thereto; thence S88°08'12"W a distance of 30.02 feet along the South line of the Southeast one quarter of said Section 31 to the west right of way line of Weld County Road 51 and the POINT OF BEGINNING; thence continuing S88°08'12"W along said south line a distance of 15.01 feet; thence N00°05'15"E a distance of 1071.62 feet; thence N90°00'00"E a distance of 15.00 feet to the west right of way line of Weld County Road 51; thence S00°05'15"W along said west right of way a distance of 1071.13 feet to the POINT OF BEGINNING, and containing 0.369 acres, more or less. The above legal descriptions where prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and are based on survey information provided by Kings Surveyors, Inc. Windsor, Colorado. 111111111111111111111111111111111 11111II1111111111 I I I! 3191036 06/21/2004 02:08P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM TO: Clerk to the Board DATE: May 25, 2004 • COLORADO FROM: Keith Meyer, Engineering Manager Kit SUBJECT: Agenda Item Temporary Construction Easement in Section 30 with Rocky Mountain Energy Center LLC for the improvements to WCR 51 Clerk to the Board---Please return one original to Leon Sievers as soon as it is signed. The appropriate documentation is attached. Enclosures pc: Leon Sievers M Afrancie\Agenda-1.doc N oa 0 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Rocky Mountain Energy Center, LLC, a Delaware limited liability company, whose address is PO Box 11749 Pleasanton, California 94588-1749, 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`h 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 grading and shaping of the roadway ditch, relocation and reconstruction of the existing irrigation holding pond and other associated tasks during the construction of improvements to Weld County Road#51, in and to, over, under and across the following described parcels of land: SEE 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 February 1, 2004, and shall expire and be of no further force or effect on December 31, 2004, or the end of construction, whichever 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. 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. Grantee will relocate the existing pond and attachments which is located immediately south of the Burlington Northern Santa Fe Rail Road right of way and immediately west of Weld County road 51 right of way. The pond will be reconstructed to the same general size, shape and elevation as the existing pond and will be located approximately 30 west of the present location. 6. Grantee will remove approximately 1150 lf. of fence that is located in the right of way of Weld County road 51. A new fence will be constructed on the west Right - t - 111111111111111111111111111111111111111 I I 111111 I I I 11111 3191035 06/21/2004 02:08P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder J-65O/-/- 45 '3 of way line of Weld County road 51. The new fence will be a four strand barbed wire fence with steel posts set at approximately every 16 feet with a wood post set at every fourth steel post. 7. Grantor will grant this Temporary Construction Easement at no cost to the Grantee. 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: ROC MOUNTIAN NERGY CENTER LLC Richard L. omas. Vice President STATE OF 0OutiI{ (1112 ) )ss COUNTY OF ,4)4 rIvic) ///;; The foregoin,g instrument was acknowledged before me this/ ' day of (A, � , 244- by Richard L. Thomas, Vice President. Witnens m daimbaadaaa — al o ia1 seal. I Commission# 1295009 1 if4ar:isitc. Notary Public-California /'�//,ii1�� /I/„) � _It t..:1::, San Francisco County r !!!! l/L ,Lf,(LJ ti- .m, i ,,*,.cFeb23,2005I Notary Public My commission expires: c----e /�1✓;`r D,�'�U' GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose rein. /%n/////// wt1 . i��1861 �*K: COUNTY OF WELD, STATE OF '4J COLORADO, GRANTEE �4 eput}t-Cler to the Board William H. Jerke, Chair Pro-Tem . Board of County Commissioners. (06/02/2004) I 111111 11111 11111 II 1111111111111111 III HI IIII IIII 3191035 06/21/2004 02:08P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . 0 q /.5 cf3 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 30, 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 Southeast corner of said Section 30, from whence the East Quarter corner of said Section 30 bears N01°26'47"W, with all bearings contained herein relative thereto; thence N46°16'37"W a distance of 42.55 feet to the north right of way line of Weld County Road 16, the west right of way line of Weld County Road 51 and the POINT OF BEGINNING; thence S88°53'33"W along said north right of way line a distance of 10 feet; thence N01°26'47"W a distance of 1,289.30 feet; thence S88°53'33"W a distance of 120.00 feet; thence N01°26'47"W a distance of 120.00 feet to the south right of way line of the Union Pacific Rail Road; thence N71°47'59"E along said Union Pacific Rail Road right of way line a distance of 135.76 feet to the west right of way line of Weld County Road 51; thence S01°26'47"E along said west right of way line of Weld County Road 51 a distance of 1,449.21 feet to the POINT OF BEGINNING, and containing 0.714 acres, more or less. The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Kings Surveyors, Inc. Windsor, Colorado. IIIIII VIII VIII IIIIII IIII IIIIIII VIII III VIII IIII IIII 3191035 06/21/2004 02:08P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A E 1/4 Cor Sec 30-2-64 N71'47'59"E 135.76'LINE v WIC R"R NI O11 RAnIy ,9 v f �r NT11r NOt'26'47"W 120.00' J 588'53'33"W 120.00' ofi N N ' SE 1 /4 ; 3 r. Sec 30— T2N— R64W N to " O on Z -- I 30' ROW S01'26'47"E 1449.21' N01'26'47"W 1289.30'—V N46'16'37"W 42.55' N88'53'33"E S 1 4 Cor WCR—>6 SE Sec 30-2-644 Cor Sec 30-2-64 588'53'33"W 10.00' `�50 I 1111111111111111I111111 MIEN III 1111111111111 NOTE: THIS EXHIBIT NAP DOES NOT REPRESENT A MONUMENTED 3191035 06/21/2004 02:08P Weld County, CO LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 D (1.00 Steve Moreno Clerk& Recorder ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SLIMY LVS DESIGNWELD COUNTY ROAD 51 EASEMENT 1 cf 1 mow "" DESCRIPTION 1 DATE January 7, 2004 EXHIBIT MAP Hello