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HomeMy WebLinkAbout20041687 RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS ON WCR 47 AND AUTHORIZE CHAIR TO SIGN - LLOYD AND RUTH RENS 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 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 Lloyd and Ruth Rens, 24275 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 for Improvements 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 Lloyd and Ruth Rens, 24275 Weld County Road 47, LaSalle, Colorado 80645, 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 21st day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS 404. I. / ♦ WELD COUNTY, COLORADO cr, ,o•� � ^' �'r Robert D. Masden, Chair ' 1.'Id ��.� y Clerk to the Board V4i 4f William H. J e, Pro-Tem Deputy Clerk to the Board e M. . eile APP AST C„/ \ ,( David . Long//// C y Attorney) Glenn Vaad Date of signature: ''9fr,g 2004-1687 (° e ,/)j /-)4. 4j>/J / EG0050 -/y-D1j ( t \ ,111 MEMORANDUM lunge TO: Clerk to the Board DATE: June 15, 2004 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Temporary Construction Easement with Lloyd Rens and Ruth Rens for improvements on WCR 47. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Utility Agent M`d rancie',Agcnda-I doc 2004-1687 0 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Lloyd and Ruth Rens, whose address is 24275 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: The West 10.00 feet of the East 40.00 feet of Lot B, Minor Subdivision No. 0981-35-4- MS-21 as Recorded in Book 14 at page 57, in the Office of the Clerk and Recorder, Weld County, Colorado and being located in the Southeast One-Quarter of Section 35, 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. 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 - 1111111 VIII VIII 111111 111111 VIII VIII III VIII IIII IIII 3196855 07/08/2004 12:25P Weld County, CD 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder e / // 3 : 6. Grantee will reimburse Grantor the sum of Five Hundred and no/100 ($500.00) dollars for the execution of this Temporary Construction Easement. 7. Grantee will remove the trees that are located within the existing right-of-way. 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. 7ezit AUli�l�li loy ns, wne Ruth Rens, Owner TAX ID NUMBER: TAX ID NUMBER: b'#5745 4741- 38 - /193 STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1/ day of �Ta ne , 20Oby Lloyd G. Rens and Ruth Rens, Owner. Witness my hand and official seal. Cde°O1A-CA Notary Public My commission expires: '�ca -05 *OT ARk "... r *E -Nora� yfca E ;o4 � 9 Amato Qe - 2 - 11111111111 liii III III HI 3196855 07/08/2004 12:25P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. � b IEL,3 / 'r86� ... �,�TE "" u COUNTY OF WELD, STATE OF �;`�` �! C LORADO, GRANTEE SOU s= a '/lerk to the Board Robert D. sden, Chairman, Board of County Commissioners. JUN 2 1 2004 - 3 - I 111111111111111111111111111111111 11111111 11111 1111 1111 3196855 07/08/2004 12.25P Weld County, CO '/ /�J 2 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorders. Hello