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Home My WebLink About20030517.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ROOT FARMS, LLC 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 an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 39 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 Root Farms, LLC, do John Root, Manager, 4062 South Wisteria Way, Denver, Colorado 80237, with 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 Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 39 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 Root Farms, LLC, c/o John Root, Manager, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELDIOUNTY1, COLORADO ATTEST: Lill/ 4' ' { LA J C4 c" C D vid E. Long, h 'r Weld County Clerk to th o. 1861 IO 9:22� ( (-1 ' t �� Robert D. a den, Pro-Tem BY: /!� • �,z;}l�1 Deputy Clerk to the B� � � �. M. J. Gei e APPRO EDAS TO FOR*: � Willia . Jerke/ ountY ttorne Lt �� 3/ Glenn Vaad - Date of signature: 2003-0517 EO0047 • '(?/ 7)1C/ ///` / • 663 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN ROOT FARMS LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /3 day of 1-52.-8. , 2003, by and between Root Farms,LLC,John Root,Manager,whose address is 4062 S. Wisteria Way,Denver,Colorado 80237, hereinafter referred to as"Owner,"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 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve the intersection at Weld County Road 39 and 44, and WHEREAS, Owner owns the property described in the attached Exhibit "A" , hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of One Thousand Five Hundred and no/100 ($1500.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements without conveying the underlying oil and/or mineral interests or the water rights to the right of way. Initial Page 1 of 3 Pages 1111111 1111 1111111 11111 III' IIII 1111111 III HUH IIII 3038663 03/04/2003 03:54P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder P.i 3-05/ 7 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2003 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County will reimburse Owner the sum of Fifteen Thousand, Two Hundred Thirteen and no/100 ($15,213.00) dollars for the reconstruction of approximately 610 If of concrete lined irrigation ditch, concrete diversion box and other appurtenances. Reimbursement is based on the bid proposal "Irrigation Structure Re-Placement on the property of Root Farms located North West of the Intersection of Weld County Roads 39 and 44"from Can-Do Concrete Construction,Inc. dated February 3,2003, as shown and attached as exhibit B. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. Initial ,l/ Page 2 of 3 Pages 111111111111111111111111111111I11111111 III 111111111 IIII 3038663 03/04/2003 03:54P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: ROOT FARMS, LLC ohn Root, Manager TAX ID NUMBER: li- /3995'72. ATTEST: finje . r�—` BOARD OF COUNTY COMMISSIONERS i E �� OOF WELD O COUNTY, STATE OF 16 Weld County Clerk to th-to., , , 1R61 By: ( l $ ./ 'd BY: b--- Deputy Clerk to the Boa!► David E. Long, Chai (x424/ 3) Page 3 of 3 Pages 111llll 111111111111 11111 1111 III' 1111111 III 111111111 ill 3038663 03/04/2003 03:54P Weld County, CO a of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,?tc s_O5i 7 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 18; Township 4 North; Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 18, from whence the South Quarter corner of said Section 18 bears N89°46'23"W. with all bearings contained herein relative thereto; thence N89°46'23"W along the South line of the Southeast One-Quarter of said Section 18 a distance of 30.00 feet to the West right of way line of Weld County road 39 and the PONT OF BEGINNING; thence continuing N89°46'23"W along said South line of the Southeast One- Quarter of said Section 18 a distance of 494.91 feet; thence N74°21'23"E a distance of 103.61 feet; thence S89°46'23"E a distance of 354.58 feet; thence N41°01'54"E a distance of 59.73 feet to the West right of way line of Weld County road 39; thence S01°01'40"E along said West line a distance of 73.59 feet to the POINT OF BEGINNING and containing 0.310 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, 428 N. 2nd Street, LaSalle, Colorado 80645 1111111 11111 1111111 11111 IIII 11111111111 III 1113111111 IIII 3038663 03/04/2003 03:54P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EX III' A EI/4 Cor • Sec 18-4-65 • .�, v T �`,C589'46'23"E 354.58• No A 21 13 . S1/4 Cor Sat 18-4-65 N89'46'23"W 494.91' SE Cor N89'46'23"W Sec 18-4-65 30.00' J ICY r 0 50 100 200 111111111111111111111111111111111111111 III 11111 11111111 3038663 03/04/2003 03:54P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY L.WS EEU' WELD COUNTY ROAD 44 DEED DRAWN DESCRIPTION - OF 1 SATE FEBRUARY 7, 2003 EXHI BI T MAP EXHIBIT B The Bidder shall review the following approximate quantities which arc. provided to aid in the preparation of the Lump Sum Bid. Payment will not be made on the basis of unit quantities but on the Lump Sum Bid CONTRACT CONTRACT ITE?vi UNIT ESTIMATED ITEM NO. QUANTITY 201 CLEARING AND GRUBBING 1 L.S.. 203 UNCLASSIFIED EXCAVATION(CIP; (SEDIMENT CU.YD. 200 POND CONSTRUCTION 20-4 EMBANKMENT MATER:AL `.CIP) CU.YD. 800 CONCRETE LINED DITCH Lc 610 2 WAY DIVERSION BOX EACH l PROJECT LUMP SUM BID PRICE= $15, 213 .00 Bidder agrees to perform all Work described in the Contract Documents for the Lump Sum price as shown in the Bid Schedule. SIGNATURES: Dated this 3rd . day of- February ,20O3 FIRMNAME: Cart-Do Concrete Construction, Inc . BY: Pete R. Gutierrez TITLE: Owner/President BIDDER'S LEGAL SIGNATURE: �i' A ✓ C�`- ,.4 Pete R,I Gutierrez STATE OF INCORPORATION: Colorado _ ADDRESS: 401 N. 21st. Ave . Greeley, CO. 80631 TELEPHONE NO: 970-352-8021 FAX NO: 970-336-1006 ATTEST Vincent P.: Lewis 11111111111 3111111111111 i1111111111 3038663 03/04/2003 63:54P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ,,, ,, rt , „ MEMORANDUM• TO: Clerk to the Board DATE: February 19, 2003 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Agreement Concerning Purchase of Right-of-Way for Certain Improvements on WCR 39 with Root Farms, LLC. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent NI.'.AA'I'IILPSV mnciN_AOENDA.wpd 2003-0517 • Due to today's scanning technology, certain colored inks do not reproduce! 630 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Root Farms, LLC, whose address is 4062 S. Wisteria Way, Denver, Colorado 80237, being all of the owners of certain property in Weld County, Colorado, which is described in the attached Exhibit "A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2- 201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. Root Farms, LLC., Owner John Root, Manager STATE OF COLORADO ) ss. COUNTY OF€YW-€K ) The foregoing instrument was acknowledged before me thi� y of '1 , 2063, by John Root, Manager of Root Farms, LLC, Owner. " • Witness my hand and official seal.• ) i r� ti •• :r otary Public 4•;•••.. y,eommissionexpires: 0 — /0) -6r Page 1 of 2 pages 1 11111 11111 1111111 III 11111 LIME Hint 1050630 of4R 0.00 D 0.00 Steve 003 4eve MorenooClerk$ Recorder 3-05/7 ACCEPTANCE The County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,hereby accepts the above dedication of property as Public Rights- of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 2nd day of April , 20 03 . ATTEST: J/J4/� COUNTY OF WELD, A BODY CLERK TO THE BOARD ; . CORPORATE AND POLITIC OF THE COUNTY COMMISSIO ` 1-. ca STATE OF COLORADO THE COUNTY OF WE ,f�, c, 3' BY: • Kr/,l . BY: Deputy Clerk to the Boar David E. Long, Chair, ( 02/2003) BOARD OF COUNTY CO SSIONERS OF THE COUNTY OF LD (Approved 02/24/2003) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2nd day of April , 2003 , by David E. Long, Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official sea R./... .'-•`- f SHARON . ,r K , ��ILA- = �/ NA•• otany :lic ``-. OF COL.. My commission expires: My Commission Expires May 1.6 2006 Page 2 of 2 page 1111111111111111111 III IIIII 11111101111 III 11111 IIII IIII 3050630 04/08/2003 04:55P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ay3-05('7 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 18; Township 4 North; Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Southeast corner of said Section 18, from whence the South Quarter corner of said Section 18 bears N89°46'23"W, with all bearings contained herein relative thereto; thence N89°46'23"W along the South line of the Southeast One-Quarter of said Section 18 a distance of 30.00 feet to the West right of way line of Weld County road 39 and the POINT OF BEGINNING; thence continuing N89°46'23"W along said South line of the Southeast One- Quarter of said Section 18 a distance of 494.91 feet; thence N74°21'23"E a distance of 103.61 feet; thence S89°46'23"E a distance of 354.58 feet; thence N41°01'54"E a distance of 59.73 feet to the West right of way line of Weld County road 39; thence S01°01'40"E along said West line a distance of 73.59 feet to the POINT OF BEGINNING and containing 0.310 acres, more or less. The above description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, 428 N. 2°d Street, LaSalle, Colorado 80645 11111111111111111111111111111111 1111111II111111IIII I I I I 3050630 04/08/2003 04:55P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder X003-05'17 . EXHIBIT A/AP A E1/4 Cor See 18-4-65 y 589'4623"E 354.58' ?1061 e3/4117> ti ♦ ♦ 51/4 Cor N89'46'23"W Sec 18-4-65 NB9'46'23"W 494.91' SE Cor Sec 18-4-65 30.00' JL • RI r I o`oo 200 111111111 111111111 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3050630 04/08/2003 III VIII IIII I eldllll II III IIII IIII County, LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DESIGN WELD COUNTY ROAD 44 DEED 1 1 DRAM, DESCRIPTION DATE rEBRUARy 7, 2003 EXHIBIT MAP A/V1X_,1 R 1'7 MEMORANDUM CTO: Clerk to the Board DATE: March 28, 2003 • � _ COLORADO FROM: Drew Scheltinga, Engineering Division Manager SUBJECT: Item for Chair's Signature Please submit the enclosed item for the Board's next agenda: Acceptance and Deed of Dedication with Root Farms LLC for road improvements to WCR 39. The appropriate documentation is enclosed Enclosures pc: Leon Sievers, Right-of-Way Agent M:\FRANCIE\AGENDA-I.W FD oc003— O5) 1 Hello