HomeMy WebLinkAbout20043161.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - JOHN AND JOAN
O'ROURKE
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 John and Joan O'Rourke, 25399 Weld County Road 47,Greeley, Colorado
80631, commencing August 15, 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 John and Joan O'Rourke be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said easement.
2004-3161
EG0050
0 01. Poi ,
TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WELD COUNTY
ROAD 47 - JOHN AND JOAN O'ROURKE
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2004, nunc pro tunc August 15, 2004.
BOARD OF COUNTY COMMISSIONERS
w�1 W COUNTY, COLLOORADDO
al\W\,-cU
le /v//ard Robert D. Masden, Chair
lerk to the Board
-
William H. ke, Pro-Tem
Clerk to the Board /2 ee.
M... eile
A ED M: 6% ,a
David
Long
ou torney
Glenn Vaad
Date of signature: ///�O
2004-3161
EG0050
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MEMORANDUM
CTO: Clerk to the Board DATE: October 25, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with John Jay O'Rourke and Joan M. O'Rourke for the
improvements to WCR 47.
pc: Leon Sievers
M\FrancieAAgend-I doc
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735
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between John Jay O'Rourke and Joan M.
O'Rourke, whose address is 25399 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 West 10.00 feet of the East 40.00 feet of the South 165.00 feet of the North 590.00
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 15, 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.
1
5. If necessary for co�c ii, Grantee bray remove the existing trees in the right-
of-way or- r ca. Grantee will be diligent in every effort to save as
many trees as possible. oyAa " uo.k'
6. Grantor shall grant Grantee access onto the property to regrade, reshape and
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rebuild the existing driveway(s) as necessary and to the satisfaction of the
Grantor.
7. Grantee is aware of the existing sanitary sewer leach field in the easement area
and will avoid or attempt to minimize any impacts to the leach field.
8. Grantee will reimburse the Grantor the sum of Nine Hundred and no/100
($900.00) dollars for the removal of the vinyl fence located within the existing
right-of-way. Grantor may replace the fence on the right-of-way line when
construction is completed. Grantee will notify the Grantor in writing at least thirty
days prior to the time the fence must be removed.
9. 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 assigr p of the respective parties hereto.
/77
L� Jay Oaie, Owner oan M. O'Rourke, Owner
TAX ID NUMBER: TAX ID NUMBER:
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STATE OF COLORADO )
)ss
COUNTY OF WELD ) p
The foregoing was acknowledged before me this / D day of
, 266'1 by John Jay O'Rourke and Joan M. O'Rourke, Owners.
Witness my hand and official seal.
otary Public f913
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My commission expires:
jiff COMMISSION EXPIRES:MAY 14,2W5 TONY'
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GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: uKe#4U.7j COUNTY OF WELD, STATE OF
OLORADO, GRANTEE
E La ark
e eputy Clerk to the Boar Robert D. Masden, haiC rman, Board of
County Commissioners.
1861 � NOV 0 1 2004
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