HomeMy WebLinkAbout20042036.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN -THEODORE FRYZEK
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 Theodore Fryzek,24973 Weld County Road 47, LaSalle,Colorado 80645, 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 Theodore Fryzek 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 19th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD O�Y, (COLORA�fL ��' MAIRobert D. Masden, Chair
d , ��`:rk to the Board
V d .-1 / 7-u."
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William Jerke, Pro-Tem
'
(,) 9 el e t to the Board s/"V ,v
(7,(1.1y",, M. J. Geile
'0 DAST EXCUSED
David E. Long
Tunty Attorn= EXCUSED
Glenn Vaad
Date of signature: g -it-en/
2004-2036
EG0050
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MEMORANDUM
TO: Clerk to the Board DATE: July 9, 2004
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Theodore F. Fryzek for Improvements to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M\Francie\Agend-Leon.doc
2004-2036
154
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Theodore F. Fryzek, whose address is
24973 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. Grantee will remove the existing fence, as necessary for construction and install a
new fence along the existing road right-of-way when construction is completed. A
temporary fence will be installed along the easement line, as necessary, during
construction.
6. 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.
1 -
111111111111 11111 1111111 11 1111111111111 111 1111111111111
3207154 08/09/2004 11:00A Weld County, CO
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7. 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.
��
Iheodore F. Fryzek, er
TAX ID NUMBER:
523 -5 f' Y� �o
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was ackno e this ' day of
, 204_n by Theodore F. Fr P� Wner.'•;�i�
Witness my hand and official seal SHARON
KAHL
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OF�
My Commission Expires c'rsy 15,2006
My commission expires:
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
.m;,`rth herein.
,r. I 4 %
isbi ( �40., Leo/�"1/" COUNTY OF WELD, STATE OF
( �i : .' C L�O, GRANTEE
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! `s i° ?' lerk to t e Board _ — Robert D. Masden, Chairman, Board of JUL .1 9 2004
County Commissioners.
111111111111111111111111111111111 111111111 11111 IIII IIII
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owe, _„V3‘
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 Northeast corner of said Northeast One-Quarter, from whence the
Southeast corner of said Northeast One-Quarter bears S00°13'33"E with all bearings
contained herein relative thereto; thence S45°01'03"W a distance of 42.25 feet to a point
on the west right-of-way line of Weld County road 47 and the POINT OF BEGINNING;
thence N89°44'20"W a distance of 10.00 feet along the south right-of-way line of Weld
County road 52; thence S00°13'33"E a distance of 270.34 feet; thence N89°46'17"E a
distance of 10.00 feet to the west right-of-way line of Weld County road 47; thence
N00°13'33"W along said west right-of-way line a distance of 270.25 feet to the POINT
OF BEGINNING and containing 0.062 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
111111111111111111111111 11 1111111 OH I I 111111 I I I 11111
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EXHIBIT MAP A
NE 1/4
Sec 35— T5N— R65W
S45'01'03"W 42.25'
NE Sec Cor
NE 1/16 Cor
S Sec 35-5-65
Set 35-5-65
®- ti N89'44'20"W WCR-52
N89'44 20 W
N89'44'20"W 10.00' I
500'13'33"E 270.34'
01
NOO.13'33"W 270.25' d
IN. az
II W
a
N89'46'17'E M 0
M
M1 -
Ili N89'46'17"E 10.00' • o
p v
OT
JL
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1 I-I E 1/4 Cor
Sec 35-5-65
0 75 150 300
NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED 1 111111 1 1111 11111111 1111 11 1111111 1111 11 III 1 1111 1111 IIII
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3207154 08/09/2004 11:00A Weld County, CO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY PUBLIC WORKS DEPARTMENT
sum', LVS
DESIGN WELD COUNTY ROAD 47 EASEJJIENT 1 1
1
DR"„ JJH
a DESCRIPTION
m H m May 27, 2004 EXHIBIT MAP
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