HomeMy WebLinkAbout20040294.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY
ROAD 51 AND AUTHORIZE CHAIR TO SIGN - RANDAL AND MELODY YEAGER
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
Randal and Melody Yeager,5845 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 Randal and Melody Yeager 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 21st day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WMUft\ITy, COLORADO
NOATTEST: f „_/,P �I / �
"""1 Robert D. Masden, Chair
Weld County Clerk to th2 Bor✓id �n4�
c� `£. �q William H. Jerke, Pro-Tern
BY: i L • C. At "..`�•
Deputy Clerk to the Board -_,_- ._ 'A EXCUSED
M. eiln
APP AS a�
Davi E. Long
oOnty A orn�y EXCUSED
Glenn Vaad
Date of signature: 122'7
2004-0294
EG0050
CO, 'w. l-1i`'L — CC c ��
930
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is between Randal R.
Yeager and Melody Yeager, whose address is 5845 Weld County Road , 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 and related concrete
irrigation structures 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 30' of 15" culvert presently under the road and
replace with 54' of 24" culvert.
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6. Grantee shall remove the existing concrete diversion structure and replace with a
new structure of the same type and size.
7. Grantee will rebuild the existing concrete irrigation ditch as necessary to match
the new concrete structure.
8. 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 I day of L[\111 [%1L 20M.
kw
SRandal R. Yeager Mefody Yeage‘ III \ I
Say - rTh - 85aQ Sal -A8 - I-IaI1
Tax Number Tax Number
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the
purpose set forth herein.
ATTEST: Al 14 ? ��� COUNTY OF WELD,
�)1/49.
'1 STATE OF COLORADO, GRANTEE
Y
Y,. kW ei1/4, „.&_.) ,. \\\\\D---
Deputy Clerk to the °1 Iii V. Robert D. Mas:'en, Chair JAN 2 1 2004
Board of County Commissioners
1111011111111111111111111111111111111 III IIIII liii lilt
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M:LLeon\wcr 51\te WCR 51 Yeager doc
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in the Northeast One-Quarter of Section 6, Township 1 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 Section 6, from whence the East Quarter corner of
said Section 6 bears S01°25'49"E, with all bearings contained herein relative thereto; thence
S88°08'12"W a distance of 30.00 feet to the West right of way line of Weld County Road 51 and
the POINT OF BEGINNING; thence S01°25'49"E along said west right of way line a distance
of 78.71 feet; thence S88°08'12"W a distance of 15.00 feet; thence N01°25'49"W a distance of
78.71 feet to the North line of the Northeast Quarter of said section 6; thence N88°08'12"E along
said north line a distance of 15.00 feet to the POINT OF BEGINNING, and containing 0.027
acres,more or less.
The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld
County, Colorado and is based on survey information provided by Kings Surveyors, Inc.
Windsor, Colorado.
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EXHIBIT MAP A
N8WO8'12"E 15.00'
NE Cor
58&08'12"W Sec 6-2-64
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3 Lei 588'08'12"W 30.00'
NE 1 /4 a.
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Sec 6 — T2N— R64W = N
568.06.12"W 15.00'
30' ROW
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Sec 6-2-64
0 25 50 100 HUM 11111 11111 11111 11111 11111 IIIIIII III IIIII IIII III
3148930 01/29/2004 01:19P Weld County, CO
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
LAND SURVEY OR LAND SURVEY PUT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY.
WELD COUNTY PUBLIC WORKS DEPARTMENT
sR,EY LVS
DESIGN WELD COUNTY ROAD 51 EASEMENT 1 `" 1
°"" DESCRIPTION
an Sepaoe."wr 10, no EXHIBIT MAP
_- - - ---- -I _.
MEMORANDUM
liReTO: Esther, CTB DATE: January 16, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit these items for the Board's approval:
Temporary Construction Easement with Randal R. Yeager and Melody Yeager for
WCR 51.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\W PFILES\Francie\agendaleon-I.wpd
2004-0294
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