HomeMy WebLinkAbout20040221.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY
ROAD 51 AND AUTHORIZE CHAIR TO SIGN - ROBERT AND DAWNA GUDKA
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
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
Robert and Dawna Gudka,6363 Weld County Road 51,Keenesburg,Colorado 80643,with 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,that the Temporary Construction Easement 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 Robert and Dawna Gudka 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 14th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WkLD COUNTY,
COLORADO
ATTEST: ��� (
'�0% Robert D. Masden, Chair
Weld County Clerk to the/Bo-rt, ��
o ��i 2L
/ , t} William Jerke, Pro-Tern
BY:
Deputy Clerk to the Board
,'>> M. eile
AP E S TO F .
David E. Long
y Ftttorney 6
Glenn Vaad
Date of signature:
2004-0221
EG0050
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TEMPORARY CONSTRUCTION EASEMENT
975
THIS TEMPORARY CONSTRUCTION EASEMENT is between Robert A. Gudka
and Dawna L. Gudka, whose address is 6363 Weld County Road 51, Keenesburg,
Colorado 80643, 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.
WITNESSETH:
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 construction of a roadway culvert as part of the
improvements to Weld County Road ("WCR") 51, in and to, over, under and across the
following described land:
See attached Exhibit A and Exhibit A map
Together with all rights and privileges as are necessary or incidental to the reasonable
and proper use of such easement. Said Temporary Construction Easement is subject to
the following conditions and covenants:
1. The Temporary Construction Easement shall commence on January 1, 2004,
and shall expire and be of no further force or effect on December 31, 2004 or the
end of the road reconstruction and improvements to WCR 51, whichever is
earlier.
2. During the term of the Temporary Construction 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. Grantee shall reimburse the Grantor the sum of Three Hundred Fifty and no/100
($350.00) dollars for the Grant of this Easement.
5. Grantee shall remove the existing 18" culvert presently under the road and
replace with 68' of 42" culvert.
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6. 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.
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.
Dated this 4N-- day of fr^-"-" \ , 200`
Robert A. Dawna k��Cu
dtb
5721-37- (1 3a 9 522- (79-21,20
Tax Number Tax Number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the
purpose set forth herein.
�I< lfjb/ Liad, U:c ( COUNTY OF WELD,
STATE OF COLORADO, GRANTEE
1861 1 �,_y�; ■ pI`A
t. e Board Robert D. Masden, Chairman (01/14/2004)
♦ 11 Board of County Commissioners
1111 11111 11111 11111 11111111111111111 I I 1111111111 t i l l
3147975 01/26/2004 04:56P Weld County, CO
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M:\Leon\wcr 51\te WCR 51 Gudkadoc
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•
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Southeast One-Quarter of Section 6, 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 Northeast corner of said Southeast One-Quarter of said Section 6,
from whence the Southeast corner of said Section 6 bears S01°25'42"E with all bearings
contained herein relative thereto; thence S 10°51'23"W a distance of 141.00 feet to the
west right-of-way line of Weld County road 51 and the POINT OF BEGINNING; thence
S01°25'42"E along said west line a distance of 150.00 feet; thence S88°45'22"W a
distance of 15.00 feet; thence N01°25'42"W a distance of 150.00 feet; thence
N88°45'22"E a distance of 15.00 feet to the POINT OF BEGINNING and containing
0.052 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 King Surveyors, Windsor,
Colorado.
1111111 11111 111111111111111 111111111111 III 11111 11111111
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EXHIBIT HAP A
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Sic 6-2-64
it
510'51'23"W 141.00'
N88'IS'22"E IS'
SE 1/4 b
Sec 6— T2N— R64W r U. hiS
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586'45'22"W 15' N o
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30' ROW-o.--
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Sin 6-2-64
D 5D 100 200 JIM 11111111111111111111111111111111III IIIII Hill
OS 3147975 01/26/2004 04:56P Weld County, CO
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
suer LVS
TIMM WELD COUNTY ROAD 51 EASEMENT 1 ' 1
"'"" "' DESCRIPTION 1
DATE September 12, 2003 EXHIBIT MAP
MEMORANDUM
W I C TO: Esther, CTB DATE: January 9, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Temporary Construction Easement with Robert A. Gudka and Dawna L. Gudka for
WCR 51.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
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2004-0221
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