HomeMy WebLinkAbout20041599.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT ON WCR 47 AND
AUTHORIZE CHAIR TO SIGN - BRENDA HARMS AND RANDELL ROBINSON
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 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
Brenda Harms and Randell Robinson, 24511 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 agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, 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 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 Brenda Harms and Randell Robinson be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
]E, / ♦ WELD COU TY, COLORADO
UL
( �i Robert D. Masden, Chair
,: • �. Clerk to the Board
�,®fU �� - William H J rke, Pro-Tem
Deputy Clerk to the Board
M. J. le
AP AS •
Davi . Long
l" L
my Attor ey EXCUSED
Glenn Vaad
Date of signature: to _31-17/
2004-1599
EG0050
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►- MEMORANDUM
C• TO: Board of County Commissioners DATE: June 10, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Brenda L. Harms and Randell E. Robinson for
Roadway improvements to WCR 47.
Enclosures
pc: Leon Sievers
M:AFrancieAAgenda-l.doc
2004-1599
t
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Brenda L. Harms and Randell E.
Robinson, whose address is PO Box 24511 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 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:
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 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 Three Hundred Fifty and no/100
($350.00) dollars for the execution of this Temporary Construction Easement.
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3191921 06/23/2004 11:23A Weld County, CO
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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.
o.--ZflPmcip ." irrw- v--eill f Brenda L. Harms, Owner Randell E. Robinson, Owner
TAX ID NUMBER: TAX ID NUMBER:
sas/- go-41/5" 5'Z-2 -o I - 86 3V
STATE OF COLORADO )
)ss
COUNTY OF WELD )
r1.‘, The foregoing instrument was acknowledged before me this 14 day of
ea. , 20°1, by Brenda L. Harms and Randell E. Robinson, Owners.
Wipess,my hand and official seal.
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f lip["y comn}fssion expires:01130/2,001,
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein. ����
ATTEST: /��!/� COUNTY OF WELD, STATE OF
COLORADO, GRANTEE
i EleaVS1)- & qp
�e ut Clerk to the Bo. Robert D. Masden, Chairman, Board of
P Y u. LIi . 1.
� County Commissioners.
JUN 1 4 2004
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coy-15'92
EASEMENT EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 35, Township 5 North,
Range 65 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 Northeast One-Quarter, from whence the
Northeast corner of said Northeast One-Quarter bears N00°13'33"W with all bearings
contained herein relative thereto; thence N10°28'16"W a distance of 168.67 feet to a
point on the west right-of-way line of Weld County road 47 and the POINT OF
BEGINNING; thence N89°51'22"W a distance of 10.00 feet; thence N00°13'33"W a
distance of 165.01 feet; thence S89°50'22"E a distance of 10.00 feet to the west right-of-
way line of Weld County road 47; thence S00°13'33"E along said west right-of-way line
a distance of 165.01 feet to the POINT OF BEGINNING and containing 0.038 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 Frederick Land Surveying,
6844 North Franklin Avenue, Loveland, Colorado 80538
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