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HomeMy WebLinkAbout20032852.tiff RESOLUTION RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 3.25 AND AUTHORIZE CHAIR TO SIGN - DAVID HOGLUND 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 3.25 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 David Hoglund, 7257 Weld County Road 3.25, Erie, Colorado 80516, commencing October 1,2003,and ending July 31,2004,or the completion of reconstruction and improvements to Weld County Road 3.25,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, that the Temporary Construction Easement for improvements to Weld County Road 3.25 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 David Hoglund 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 13th day of October, A.D., 2003, nunc pro tunc October 1, 2003. BOARD OF COUNTY COMMISSIONERS WE ICOU TY, COLORADO Mid/4e(Nk ♦ D vid E. Lon , C air f ®` Clerk to the Board P rr ift ;aRo ert D asden, Pro-Tem ® � lerk to the Board J. eile V E S O : 7 4Y Willis H. Jerk l�nty Attorne .P. Glenn Vaad Date of signature:/6Y- p 2003-2852 Q c'� . 7/- I w/ o- IBC. / PICCNO EG0047 • (Si TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between David A. Hoglund, whose address is 7257 Weld County road 3.25, Erie, Colorado 80516, 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 the construction of a fence as part of the reconstruction and improvements to Weld County Road#3.25, in and to, over, under and across the following described land: The East 5.00 feet of Lot 2, Continental View Pond PUD, as recorded under Reception Number 2443865 in the Office of the Clerk and Recorder, Weld County, Colorado. 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 Powers Elevation Surveying Company, Inc., PO Box 707, Frederick, Colorado 80530 and on the Plat of Continental View Pond PUD, as referenced above. 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. Said Temporary Construction Easement shall commence on October 1, 2003, and shall expire and be of no further force or effect on July 31, 2004 or the completion of the reconstruction and improvements to Weld County Road#3.25, which ever is earlier. 2. During the term of this 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. 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 presently located in the right of way of Weld County road 3.25 and construct a four strand smooth wire fence along the west right of way line of Weld County road 3.25. - 1 - 11111111111111111111111111 III 1111111 III 11111 IIII IIII 3121061 10/28/2003 11:23A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 6. Grantee will reimburse the Grantor the sum of One Thousand and no/100 ($1000.00) dollars for the Grant 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. Dated this Or s7 15 E ,t day of 03. o avid A. nd STATE OF COLORADO ) / cs )ss COUNTY OF ) The foregoing instrument was acknowledged before me this / day of a7,/frgA , 20 a),by David A. Hoglund, Owner. Witness my hand and official seal. : O'+OTAA � Notary Pu is / My co 'ysion expirelt o 'eFAI✓BL\G PP OF GOcc My Cornrnissier E n res October 4,2006 GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: a COUNTY OF WELD, STATE OF '` r COLORADO, GRANTEE , Deputy Clerk to the 1k • k- Davi . Long, Chairm 6t 0 1 3 O3> . .r Board of County Comm' sioners. - 2 - 1111111 Ill IM ES III DIEM 11111 Ill 31 of 021 R10.00 0 0.00 10/28/2003 1:23A Steve Moreno Clerk e 2 & Recorder P er. a !f l MEMORANDUM WipCTO: Carol Harding DATE: October 6, 2003 • Clerk to the Board 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 David A. Hoglund on WCR 3.25 The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AWPFILES\FraneieAagendaleon-I.wpd 2003-2852 Hello