HomeMy WebLinkAbout20041686 RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS ON
WCR 47 AND AUTHORIZE CHAIR TO SIGN -THEODORE AND DOROTHY EHRLICH
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 Theodore and Dorothy Ehrlich,24652 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 Theodore and
Dorothy Ehrlich, 24652 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
���� WEL%�COUNT��LOR�,DO
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, , niaG� 1/1/ -mil Robert D. Masden, Chair
1861 I' 2-;��`'::
On( o qty Clerk to the Board
�P Purr William H. J e, Pro-Tem
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-- -Deputy Clerk to the Board `1
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Davi Lon
ounty Attor4y
Glenn Vaad
Date of signature: /1/by
2004-1686
EG0050
MEMORANDUM
IDC TO: Clerk to the Board DATE: June 16, 2004
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Temporary Construction Easement with Theodore and Dorothy M.Ehrlich for improvements
to WCR 47.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Utility/Right-of-Way Agent
M:AFrancie Agenda-2-dac
2004-1686
854
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Theodore and Dorothy M. Ehrlich, whose
address is 24652 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 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 East 10.00 feet of the West 40.00 feet of Recorded Exemption 0961-36-3-RE 1985 as
recorded in the office of the Clerk and Recorder, Weld County, Colorado and is located in the
Northwest One-Quarter of Section 36, 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. Grantee will remove trees that are presently located within the right-of-way of
Weld County road 47. Trees located with this easement will be preserved as much
as possible.
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 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.
Theodore Ehrlich, Owner Dorothy M. hrlich, Owner
TAX ID NUMBER: TAX ID NUMBER:
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /C day of
, 20Z?�t Theodore Ehrlich and Dorothy M. Ehrlich, Owners.
,
Witne;'*. acid"a i.r• ial seal.
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PAULA R. '•• o
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S t TOKUNAGA;` ` 'f
st arc, :ea Notary Public
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My com' ,r igp'git__-.
w Conmissbn Expires 05/04/200t
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
toad COUNTY OF WELD, STATE OF
1861 COLORADO, GRANTEE
'--t��*-�
1�rk to the Board Robert D. Masden, Chairman, Board of
�. County Commissioners. JUN 2 1 2004
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3196854 07/08/2004 12:25P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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