HomeMy WebLinkAbout20010765.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 9.5 AND AUTHORIZE CHAIR
TO SIGN - BENSON 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 Weld County Road 9.5 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 Benson Farms, LLC, 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 Weld
County Road 9.5 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
Benson Farms, LLC, 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 March, A.D., 2001.
a,� BOARD OF COUNTY COMMISSIONERS
16 \\;
`
I �S. WELD CO TY, COLORADO
J
ATTEST: M t ,,
_:;M. J. ile, Ch
Weld County Clerk to th 4t.- . "•411-p•1
( �tlb' � �`` Glenn Vaa ro-
BY: v Zv •
Deputy Clerk to the Board EXCUSED
William H. Jerke
APPROV AS • EXCUSED DATE OF SIGNING (AYE)
D id o unty Attorne 1\1\nk
Robert D. Masden
2001-0765
EG0041
5�5
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 9.5 BETWEEN BENSON FARMS, A LIMITED LIABILITY
COMPANY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 21st day of March ,2001,by and between Benson
Farms,LLC,whose address is 530 Holyoke Court,Ft. Collins, Colorado, 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, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 9.5, and
WHEREAS, Owner owns the property described in the attached Exhibit "B", 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 "B", attached hereto and hereinafter referred to herein as the
"Right-of-Way" for the sum of Twenty Thousand, Seven Hundred Six and no/100
($20,706.00) 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 easement.
3. County agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
4. County agrees to reimburse the Owner, in a timely manner, the sum of Eighty
thousand,One hundred Fifty One dollars and Sixty cents($80,151.60),for the costs
of design and construction of a new irrigation diversion structure,approximately 350
If. of new concrete lined irrigation channel, two culvert extensions under WCR 9.5
Page 1 of 3 Pages
1111111111111111111 IIII III ill 111111III11111IIII Ilil 2001-0765
2838515 04/06/2001 01:20P JA Suki Tsukamoto
1 of 6 R 0.00 D 0.00 Weld County CO
and approximately 1300 If. of buried irrigation pipe. The final design plans shall be
reviewed by the County prior to beginning of construction. County does not, by
virtue of its entering into this Agreement and upon its promise to reimburse the
Owner for the work contemplated herein, make warranties, either expressed or
implied, for such work. Any warranty by a contractor hired by Owner to preform
such work shall run to the benefit of the Owner. County does not anticipate
disruption of the flow of irrigation water during said rebuilding and improvement
project.
5. 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.
6. 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.
7. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
8. General taxes for the year 2001 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.
9. Owner agrees to execute a waterline easement, as shown on exhibit "C", for the
benefit of Little Thompson Water District, in the immediate area of the intersection
of the north right of way line of State Highway#66 and the east right of way line of
WCR 9.5, as shown on Exhibit "B". Said easement will be approximately 20 feet
wide, in an east west direction and approximately 60 feet long, in a north south
direction. The actual location will be shown on an Exhibit Map with an
accompanying legal description and attached to the Easement document. The
easement is for the construction and maintenance of a water line that is being moved
to allow for road improvements. The County agrees to pay the Owner the sum of
Three Hundred ($300.00) dollars for this easement.
Page 2 of 3 Pages
HBO I'll I 11111 IIII I ll III I III HUB I'll/ VIII l III I I lli I I I I III
2838515 04/06/2001 01:20P JA Suki Tsukamoto
2 of 6 R 0.00 D 0.00 Weld County CO
10. Weld County will grant the Owner the right to cross Weld County Road 9.5 with a
single water line to service future development of the Owners property.The crossing
will be substantially at right angles to the centerline of the road and at a location to
be determined when development plans are finalized. Owner is responsible for all
costs associated with the crossing. Owner will obtain all necessary permits before
installation.
11. Weld County will authorize access curb cuts for future development in accordance
with County Regulation in effect at the time of development approval.
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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER:
BENSON FARMS, LLC
BY: William B. Woods, Manager
Tax ID # :
Iy- 1( V216-�
ATTEST: MAW , BOARD OF COUNTY COMMISSIONERS
Ir" OF WELD COUNTY, STATE OF
EIG� COLORADO
Weld County Clerk to th-j' o. .
/ l teat
By: %/. 0-Y !.�',' BY: d ��� �t Gc.2
Deputy Clerk to the B���A� "/ M. J. Geile, Chairman (03/21/2001)
Page 3 of 3 Pages
1111111 11111 11111111111 III 1111111 111111 III VIII 1111 IIII
2838515
6 R 0.00�2D 0.00 1 Weld County CO ukamolo
PROPERTY DESCRIPTION
Exhibit B
A parcel of land located in the Southeast Quarter(SE1/4) of Section Twenty-three (23), Township
Three North (T.3N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (61h P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the Center Quarter Corner(C1/4)of said Section 23 and assuming the West
line of said SE1/4 to bear South 01°05'19" East with all bearings here in relative thereto:
THENCE North 89°26'52" East along the South line of said NE1/4 a distance of 30.00 feet to the
East Right-of-Way (ROW) of Weld County Road (WCR) 9 'A, said Point being the POINT OF
BEGINNING;
THENCE continuing North 89°26'52" East along said South line a distance of 60.88 feet;
THENCE South 00°58'06" East a distance of 2609.21 feet to the North Right-of-Way (ROW) of
Colorado State Highway#66;
THENCE along said ROW the following three courses and distances:
THENCE South 89°39'21" West a distance of 2.73 feet;
THENCE North 45°27'09" West a distance of 70.84 feet;
THENCE South 89°39'21" West a distance of 3.14 feet to the East ROW of Weld County Road 9
%;
THENCE North 01°05'19" West along said East line a distance of 2559.05 feet to the POINT OF
BEGINNING.
Said parcel contains 3.451 acres more or less (±), and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my p_ , R �. ision and checking, and that it is true
and correct to the best of my knowledge an s':•••••F g.% �h
S/ ,.PENCE s• .,01/4,p0,ttl
Fxto l�
33 42 'ms 's
e' j$f "CV�. , ;. �
Lawrence S. ' •p> tt�,p •.. .• January 3, 2001
Colorado R ered Professional tt'AiL NNW
Land Surveyor#33642
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 99381
FILE 99381\99381row b.doc
•
1111111111111111111 IIII III 1111111111111 III IIII1 Ell IIII
2838515 04/06/2001 01:20P JA Suki Tsukamoto
4 of 6 R 0.00 D 0.00 Weld County CO
• COUNTY RIGHT-OF-WAY WADY EXHIBIT B SE1/4 SEC. 23
T.3N R.68W.
POINT OF BEGINNING
N89'26'52"E
30.00' N89'26'52"E
60.88'
IL SOUTH LINE OF THE
CENTER QUARTER CORNER NORTHEAST QUARTER
SEC. 23, T.3N. R.68W.
POINT OF COMMENCEMENT
N N
1-4 o
^ g
v\ g
n4 To
a a
U f m
m• cn EXHIBIT B,
In 3.451 ACRES
O 300 150 0 300
m
m
z 1 "= 300'
C)
(/) LA O1
N N
WEST LINE OF THE - m O
SOUTHEAST QUARTER o o N
O 0
Ut
p,OO REG\\a'
EAST RIGHT-OF-WAY ---"'"Ar
PENCE S';SCI'
W.C.R. 9 1/2
0: 4
Otigl LAND "
589'39'21"W
3.14'
N45'27'09"W
. / 70.84' SOUTH LINE
/4%
SE1/4
S89'39'21"W HWY 66
SOUTH QUARTER CORNER 2.73'
SEC. 23, T.3N. R.68W.
EXISTING HIGHWAY
RIGHT-OF-WAY
HID I11I1 1111111 IIII III 111111 111111 111 11111 1111 IIII
2838515 04/06/2001 01:20P JA Suki Tsukamoto •
5 of 6 R 0.00 D 0.00 Weld County CO
DYING SURVEYORS, INC. PROJECT NO: 99381
_k/is- 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 1 -3-01
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY
WWW.KINGSURVEYORS.COM DWG: 99381 ROW
1X/ //a/T C
m
N
co
in
O
O
N
SE 114
SEC 23, T3N, R68W
NEW RIGHT OF WAY LINE
_.....-WATER EASEMENT
i N89'39'21"E 2645.35'
S 1/4 CORNER f
SECTION 23.
TOWNSHIP 3 NORTH y/GHW,4 Y 66
RA
NGE 68 WEST
1111 VIII 1111111 1111 III 1111111 Ell III 11111 '1111111
2838515 04/06/2001 01:20P JA Sulu Tsukamoto
6 of 6 R 0.00 D 0.00 Weld County CO
Hello