HomeMy WebLinkAbout20042429.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - MARION AND
MADALINE JOHNSON
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 Marion and Madaline Johnson,25275 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-officio Board of Social Services,that the 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 Marion and Madaline Johnson 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
W D COUNTY, COLORADO
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Robert D. Masden, Chair
County Clerk to the Board
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William H erke, Pro-Tem
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Date of signature: _ ' 4�'
2004-2429
EG0050
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411, MEMORANDUM
CTO: Board of County Commissioners DATE: August 9, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Marion Curtis Johnson and Madaline A.Johnson for
improvements to WCR 47.
Enclosures
pc: Leon Sievers
m:I-Franc ieAAGENDA-5.doc
2004-2429
131
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Marion Curtis Johnson and Madaline A.
Johnson, whose address is 25275 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 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 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 West 10.00 feet of the East 40.00 feet of the North 927.34 feet of the South 2043.55
feet of 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 right-
of-way. Every effort will be made to save the trees located within the Temporary
Construction Easement.
6. Grantee will remove the existing fence that is located along the existing road
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right-of-way. At the end of road construction, Grantee will install a permanent
fence on the road right-of-way line. If requested by Grantor, Grantee will
construct a temporary fence along the Temporary Construction Easement line and
will remove the temporary fence when the permanent fence is installed.
7. 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.
8. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00)
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.
et
r anon Curtis Johnson, er adaline A. Johnso , Owner
TAX ID NUMBER: TAX ID NUMBER:
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STATE OF COLORADO )
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COUNTY OF WELD )
The foregoing i strument was acknowledged before me this o /day of
, 20' , by Marion Curtis Johnson and Madaline A. Johnson, Owners.
Witness my hand and official seal. K
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of Public
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
t forth herein.
Imo! lE La
it -At COUNTY OF WELD, STATE OF
1861 _=; LORADO, GRANTEE
4\0-__j t ►perk t. a Board Ro ert D. Masden, Chairman, Board of
County Commissioners. AUG 16 2004
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3214131 08/31/2004 11:25A Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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