HomeMy WebLinkAbout962084.tiff RESOLUTION
RE: APPROVE TEMPORARY CONSTRUCTION EASEMENT FOR BRIDGE NO. 61/54A
WITH MONFORT, INC., AND AUTHORIZE CHAIR TO SIGN
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 Bridge No. 61/54A between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Public Works
Department, and Monfort, Inc., 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 Bridge No. 61/54A
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Public Works Department, and
Monfort, Inc., 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 20th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
���,` WELD COUNTY, COLORADO
AettfahBarbara J. Kirkmeyer, hair
isci =or„ .� ty Clerk to the Board
® . George Baxter, Pro-Tem
ki
Deputy Clee to the Board FXr:IISFD f)ATF OF SIf;NINf (AVF).
Dale K. Hall
APPR AS TO RM: FXCIISFf) fATF OF SICANINf (AVF}
Constance L. HarbertountyAtto 9/1�1�j
W. H. Webster'
Pu_% /Y16n f or /n 962084
Cc t� C� EG0035
(welcnty\c40#6\monfort .TCE)
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That MONFORT, INC. , A
DELAWARE CORPORATION, Grantor, whose legal address is One Conagra
Drive, Omaha, Nebraska 68102 , in consideration of TWO HUNDRED
TWENTY and 00/100' s ($220 . 00) DOLLARS, in hand paid, and other good
and valuable consideration, does hereby grant, bargain, sell and
convey to THE COUNTY OF WELD, a body corporate and politic of the
State of Colorado, by and through it' s Board of County
Commissioners, Grantee„ a Temporary Easement for use during con-
struction of road and bridge improvements, together with all rights
and privileges as are necessary or incidental to the reasonable and
proper use of such easement in and to, over, under and across the
tract of land described as follows :
See attached Exhibit "A" , hereby made a part of this contract .
1 . Said Temporary Easement shall commence on November 1,
1996 and shall expire and be of no further force or effect on
November 1, 1997 .
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 structure which may interfere with Grantee' s full
enjoyment of the rights hereunder.
3 . As a condition of the granting of this Temporary Easement
the Grantee covenants and agrees to restore said lands,
landscaping, fences, or other improvements to a level comparable to
their original condition and to pay Grantor the cost to reimburse
any loss to growing crops resulting from the construction
contemplated herein.
4 . The parties hereto agree that neither has made or auth-
orized any agreement with respect to the subject matter of this
instrument other than expressly set forth herein and no oral repre-
sentation, promise, or consideration different from the terms
therein contained shall be binding on either party, or its agents
or employees, hereto.
962084
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
20TH _ day o f NOVEMBER 1 9 9 6 , b y
BARBARA J. KIRKMEYER , Chair, Board oi --.ecanty Commissioners
of the County of Weld. fij
Witness my hand and official seal/y
‘1 , y
ot:' . . emu• is
My commission expires : �OF ON-
t: ..-,;i .J, 1JJS3
3
962084
5 . Grantor warrants that it has full and lawful authority to
make the grant hereinabove contained, and promises and agrees to
defend Grantee in the exercise of its rights hereunder against any
defect in Owner' s rights to make the grant hereinabove contained.
6 . Whenever used herein, the singular number shall include
the plural, the plural the singular; and the use of any gender
shall be applicable to all genders . 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 . \
WITNESS my hand and seal on this 1 N day of 0o, e-okst 2 ,
1996 .
MONFORT, INC. ,
A DELAWARE CORPORATION
BY: CH tj �Y c°'F3� _. �� f�
TITLE
STATE OF C()URADO )
) ss.
COUNTY OF W E l0? )
T e foregoing instrument was acknowledged be ore �],e this `5 day of
Vf�u5tA(z,ec_ , 1996 , bYE7fl�4 Wttllt as • CAmt ,r*. on
behalf of Monfort, Inc . , a Delaware Corporation.
Witness my hand and official seal .
Notary Public
My commission expires : My Commission Exrires Oci;,cber 17, 1999
dC /1,4
al
' rA R �TOH BO
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®` el A_ BY'4.A/ 1AL�_,i (,4. icZ/t
Deput,' Clerk to the Board BARB J. KIRKMEYER, hair, oard 11/20/96
of County Commissioners of
the County of Weld
2
962084
EXHIBIT A
PAGE 1 of 2
Revised May 17 , 1996
WARNING - Destroy all previous copies!
TEMPORARY EASEMENT C-1
That portion of the Northwest Quarter of said Section 30,
Township 5 North, Range 63 West of the 6th P.M. , County of Weld,
State of Colorado more particularly described as follows:
Considering the East line of the Northeast Quarter of Section
25, Township 5 North, Range 64 West of the 6th P.M. , as
monumented by a 3/4" X 30" rebar with a 3 1/4" diameter aluminum
cap, P.L.S. 10855 at the Northeast corner of said Section 25,
and by a 3/4" diameter rebar with a 2 1/2" diameter aluminum
cap, P.L. S. 24670 at the East Quarter corner of said Section 25,
to bear an assumed bearing of North 00°14 ' 51" East with all
bearings contained herein relative thereto.
Beginning at the Northwest corner of said Section 30; thence
along the North line of the Northwest Quarter of said Section 30
South 88°18 ' 22" East 30. 01 feet to the East right of way line of
Weld County Road 61, said point being the TRUE POINT OF
BEGINNING; thence parallel with the West line of said Northwest
Quarter South 00°14 ' 51" West 185. 54 feet; thence South 89°45 ' 09"
East 20. 00 feet; thence parallel with the West line of said
Northwest Quarter North 00°14 ' 51" East 150. 00 feet; thence South
89°45 ' 09" East 175 . 00 feet; thence parallel with the West line
of said Northwest Quarter North 00°14 ' 51" East 30. 62 feet to the
North line of the Northwest Quarter of said Section 30; thence
along said North line North 88°18 ' 22" West 195. 06 feet more or
less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 0. 22
acres more or less.
The above legal description was prepared by Edward L. Berlier,
P.L. S. 10855, dba, Land Surveyors of Colorado, 526 24th Street,
Greeley, Colorado 80631.
962084
EXHIBIT A - PAGE 2 OF 2
S 88'18'22' E
30.01• TEMPORARY EASEMENT C- 1
19.0.8. TEMPORARY 0.11 Ac.±
EASEMENT C-1
(if . S 88'18'22' E
2659.45'
N 8 2' W
195
195.00 6'
!(IN
-0
n
Pt 4.2 g S 89'45'09' E
_ 125,00' z NORTH QUARTER CORNER SECTION 30
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OWNER:
MONFORT OF COLORADO INC.
CONAGRA INC.
(K: FARMS-ROD #3)
ONE OMAHA, NE CONAGRA 681012E 5001
ro S 89'45.09 E
2 0.0.00''
Q 2
0
N
W
N
e_
0
0
z • Scale: 1" = 50'
MI iIIII
O 50 100
WEST QUARTER CORNER OF SECTION 30,
TOWNSHIP 5 NORTH, RANGE 63 WEST 962984
OF THE 6TH P.M.
ittINL
WESTERN STATES
Lana services, I n C. Acquisition and Permitting Specialists
4021 Llssa Drive
Loveland, Colorado 80537
November 12 , 1996 (970) 667-7602 • Metro (303) 938-1414
Fax (970) 667-7603
Wayne Howard, Civil Engineer II
Weld County
Public Works Department
933 N. 11th Avenue
P. O. Box 758
Greeley, Colorado 80632-0758
RE : Weld County Bridge 61/54A (Project #8125)
Monfort, Inc . , a Delaware Corporation
Wayne :
Hope things are going well .
Enclosed you will find a Temporary Construction Easement document .
in original form my office recently received back from Monfort,
Inc . The enclosed Temporary Construction Easement has been
appropriately signed and notarized on behalf of Monfort, Inc . and
requires the appropriate Weld County signatures .
Wayne, upon the review of the transmittal from Monfort, Inc . , I
noticed that no Corporate Resolution had been included with the
transmittal packet back to us . Please give me a call at your
earliest convenience in order to discuss whether or not you would
like Western States to pursue obtaining the Corporate Resolution
for this particular Temporary Construction Easement conveyance .
Once you have obtained the appropriate signatures on behalf of Weld
County, please forward a fully signed copy back to my office, along
with a payment check in the amount of $220 . 00 pursuant to the
enclosed Temporary Construction Easement .
Please feel free to call should you have any further questions .
Sincerely,
WE�STE�R�Ng STATES LAND SERVICES, INC. •
Mike D. Noonan
Consulting Acquisitions Agent
MDN/sj
Enclosures
weldcnty\c40#6\howard. 1t2
962084
� ''� mEmoRnnDum
wine Date R
Clerk to the Board November 15, 1996
To
COLORADO From Drew Scheltinga, County Engineer ' ,
Subject: Agenda Item for Approval
Please place the following item on the Board's next agenda.
Temporary Construction Easement for Bridge 61/54A
The appropriate documentation is attached
cc: Bridge 61/54A
962084
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