HomeMy WebLinkAbout20011336.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION 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 a Deed of Dedication between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, and Benson Farms, LLC, 530
Holyoke Court, Fort Collins, Colorado, with terms and conditions being as stated in said Deed
of Dedication, and
WHEREAS, after review, the Board deems it advisable to accept said Deed of
Dedication, 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 Deed of Dedication between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Public Works Department, 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 acceptance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C , COLORADO
ATTEST: Lied, � Z' E&ir
Weld County Clerk ?th.
1861■L■I1 `�'� 41529 EXCUSED
Glenn Vaad, Pro-Tem
BY: i/i_ . ��.a:_• !^' ��
Deputy Clerk to t1 /1---e
Wil ' H. Jerke
APPRO D A •RM:
Davi Long
unty Attorney
Robert D. Ma den
2001-1336
pc,. Ait) densor/ EG0041
bEED OF DEDICATION.
Uj1C KNOW ALL MEN BY THESE PRESENTS that Benson Farms, a Limited Liability
-- Company, whose address is 530 Holyoke Court, Ft. Collins, Colorado, being all of the owners of
certain property in Weld County, Colorado, which is described in the attached Exhibit"B" 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. j
William B. Woods, Manager
STATE OF COLORADO )
Cl.1,4," ) ss.
COUNTY OF WE D aRs. . )
The foregoing instrument was acknowledged before me this 9'jg'Vay of
frI PA , 20 Di, by William B. Woods, Manager.
Witness my hand and official seal. _
KC- 1I \� Jac gJ. J
Notary Public ;:O`._•OTAq •,A'�
My commission expires: 'Bells cJ, O(:21x/ ; 1+ J-
S • '• ,
•
ACCEPTANCE i9 • •�BG'DO
r'
1`F OF CCL°1.7_
The County of Weld, a body corporate and politic of the State of Colorado, by and thri
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 21st day of M. , 2001 .
ATTEST: 1 �/ 1 COUNTY OF WELD, A BODY
CORPORATE C�T i' ; arse ai • '% AND POLITIC OF THE STATE OF
COUNTY COMMISSIO l " �� n`•°�: 22�$ COLORADO
THE COUNTY OF WE
BY: ' BY:'?" 2L1)
Deputy Clerk to the Boar;s1c r M. J. eile, Chair, (05/21/2001)
BOARD COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 21st day of
May ,20 01 ,by M. J. Geile,Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and offici. .-:- *Y P`'••.
2 DONNA J. n . /�/Z f9�t;)<6%a¢)
BECHLER N; ary Public
My commission expires: ' 714. - - i.
WrComarkslat Expires April 142004
1 11111111111 1111111 II111111111111IIIE III 11111111111II
2856036 06/08/2001 04:32P JA Suki Tsukamoto ,20'x/ - (33
1 of 3 R 0.00 D 0.00 Weld County CO
COUNTY ROAD SE1/4 SEC. 23
B
RIGHT-OF-WAY EXHIBIT B T.3N R.68W.
POINT OF BEGINNING
'489.26.52"E
30.00' '489'26'52"E
60.88'
jil
SOUTH LINE OF THE
CENTER QUARTER CORNER
NORTHEAST QUARTER
SEC. 23, T.3N. R.68W.
POINT OF COMMENCEMENT
a,
N
r"'•1 o g
CA
m
Um
cu
C 3 4511 ACRES t
Jui
300 150 0 300
1n= 300'
N N
In 0
WEST LINE OF THEm mSOUTHEAST QUARTER b k
N
1r
1O
m vh f
IWO Fiso
EAST RIGHT-OF-WAY ‘PgNCE 4 c/SR1'1'
W.C.R. 9 1/2 P ,•9 �f
0: 4 ••
r,
tig( LAN
589'39'21"W
3.14'
'445'27'09"W
/ 70.84' SOUTH LINE
/Y SE1/4
589'39'21"W HWY 66
SOUTH QUARTER CORNER 2.73'
SEC. 23, 7.3N. R.68W.
EXISTING HIGHWAY
RIGHT-OF-WAY
1111111111111111111 III 11111111111111111 III 11111 gill
2856036 06/08/2001 04:32P JA Suki Tsukamoto •
2 of 3 R 0.00 D 0.00 Weld County CO
C) ICING SURVEYORS, INC. PROJECT NO: 99381
_:r� 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
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 (6"' 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'/z, 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
/Z;
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 +• ision and checking, and that it is true
Rand correct to the best of my knowledge an'. P.....s aTFttt
0 etO • tt
,o
33 '42 •cs
Lawrence S. ' p tt`ip •••... •• .) S January 3, 2001
Colorado R- ered Professional t�\�i"AHO.4
Land Surveyor#33642
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 99381
FILE 99381\99381row b.doc
1111111 111I1111111111I 11111 11111 1111111 III III" IIII IIII
2856036 06/08/2001 04:32P JA Suki Tsukamoto
3 of 3 R 0.00 0 0.00 Weld County CO
MEMORANDUM
1
C.
COLORADO TO. Clerk to the Board DATE: May 14 2001
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Deed of Dedication with Benson Farms, LLC
The appropriate documentation is attached.
n
r'
Enclosures
2001-1336
Easement and Right of Way Agreement f�N
This Easement and Right of Way Agreement,made and entered into as of the day of J'VC ,lgc 200,1
by and between Benson Farms, LLC V
hereinafter called"Grantor"(whether grammatically singular or plural),and the LITTLE THOMPSON WATER DISTRICT',a quasi-municipal
corporation, 307 Welch Avenue, P.O. Drawer G., Berthoud, Colorado 80513, hereinafter called the "District."
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Grantor hereby grants,sells,conveys and
transfers to the District,its successors and assigns,the sole,exclusive and permanent right to enter,re-enter,occupy and use the hereinafter described
property to construct, reconstruct, inspect, upgrade, increase line size or capacity,operate, repair,maintain,replace,remove and operate one or
more lines for the transmission, distribution and service of water, and all underground and service appurtenances thereto,including metering
stations,vaults,enclosures,identification signs and other fixtures,over,across,under and upon the following described land,situate in the County
of Weld , State of Colorado, to-wit: (insert legal description)
See Exhibit A and Exhibit Map
•
Reception
County Recorded Book Page Number
Section _ Township Range
The easement and right of way shall be 20 feet wide.
Grantor further grants to the District:
(a) The right to grade the strip of land for the full width thereof and to extend the cuts and fills with such grading in to and on the land along and
outside of the strip to the extent as the District may find reasonably necessary;
(b) The right to support the pipelines across ravines and water courses with such structures as District shall deem necessary;
(c) The right of ingress to and egress from the strip over and across the land by means of roads and lanes thereon,if such exists,otherwise by such
route or routes as shall occasion the least practicable damage and inconvenience to Grantor;provided that such right of ingress and egress shall not
extend to any portion of the land which is isolated from the strip by any public road or highway now crossing or hereafter crossing the land;
provided,further,that if any portion of the land is or shall he subdivided and dedicated roads or highways on such portion shall extend to the strip,
the right of ingress and egress on the portion shall be confined to such dedicated roads and highways;
(d) The right of grading for,constructing, maintaining and using such roads on and across the lands as the District may deem necessary in the
exercise of the right of ingress and egress or to provide access to property adjacent to the land:
(e) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross the strip;
(f) The right to mark the location of the strip by suitable markers set in the ground;provided that any such markers remainingafter the period of
construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the strip;
(g) All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein
granted.
GRANTOR HEREBY CONVENANTS AND AGREES:
(a) That Grantor shall not erect or place any permanent building, structure, improvement, fence or tree on the described easement,and the
District shall not be liable for their removal if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
(b) Grantor shall not diminish the ground cover over the water lines and shall not substantially add to the ground cover over the water lines or
their appurtenances.
LTWD FORM 200 Page , of 1111111111111111111 ��� 11111111111111111 ��� 11111 ���� ����
2859300 06/21/2001 12:46P JA Suki Tsukamoto
1 of 4 R 0.00 0 0.00 Weld County CO
Easement and Right of Way Agreement — Page 2
By and Between the District and: Benson Farms, LLC
(c) Grantor shall not grant any other easement,right-of-way,permit or license upon,under or over said property without the written consent of
the District.
(d) Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims,and that said
lands are free and clear and clear of encumbrances and liens of whatsoever character,except the following:
THE DISTRICT HEREBY COVENANTS AND AGREES:
(a) The District shall not fence or otherwise enclose the strip, except during periods of construction and repair.
(b) That all trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled and as muchof the original
surface soil as possible shall be placed on top.All large gravel,stones and clods will be removed from the finished backfill.The District will finish
the backfill after normal settling of the soil so that the use and enjoyment of said land by Grantor shall be suitable for the purpose now used.The
District will maintain the trench area and buried water pipeline during installation, reinstallation and maintenance of said waterline;
(c) In the event that he above-described lands are being used for grazing purposes,the District agrees that during the period of construction of the
pipeline hereunder,or any subsequent altering, removing or replacing of said pipeline, it will leave or arrange for reasonable crossing over said
right-of-way strip for the cattle and livestock of Grantor and his tenants and lessee.Further whenever it becomes necessary for the District,its agents
or contractors to cut a fence on the above-described lands,the District agrees,at its option,either to keep the gap closed or guard it in such a manner
so as to prevent the entrance and exit of cattle or other livestock through such gap or to construct at such place or places substantial gates with dual
locks and to furnish Grantor with one set of keys thereto. Before any such fence is cut by the District,the same shall be braced in order to prevent
slackening of the wires along with fence in each direction from the District's temporary gap.
(d) In the event that the above-described lands are being used for the growing of a crop which requires irrigation at the time the pipeline is
constructed hereunder,the District agrees, unless otherwise provided for,to install and operate flumes or appropriate crossing devices across the
right-of-way at all times during such construction operations. The District further agrees, unless otherwise provided for, not to block,dam or
obstruct in any manner in a irrigation canal,drainage ditches,creeks located on said lands,and also agrees to replace or repair any levees or banks
disturbed or damaged by the District's operations on said lands.
(e) The District shall be liable to the extent allowed by law for loss and damage which shall be caused by any wrongful exercise of the rights of
ingress and egress or by wrongful or negligent act or omission of or of its agents or employees in the course of their employment.
IT IS MUTUALLY AGREED BY THE PARTIES:
(a) Grantor reserves all oil,gas and other minerals in,on and under the above-described lands,and Grantor shall not grant any right in the sur-
face or otherwise that will materially interfere with the rights and privileges herein granted to the District.
(b) Each and every one of the benef its and burdens of this easement and right-of-way shall inure to and be binding upon the respective personal
representatives, successors, and assigns of the parties hereto. A
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor this "D' day of NIctJ- , W 20111 .
GRANTOR
JJ ncUnrL
Benson Farms, LLC
STATE OF COLORADO
ss.
COUNTY OF i1QA t_vrt .
i �/
The foregoing instrument was acknowledged/� before me this ! day of K.� -� l x�1.
by n i �V1fl4n UU�1 S( P ) ��nCgiQ C+ Rtpt,Dh r as Grantor.
Notary Public
My Commission expires: `K c�, tA'
Address: ��O,','yO
,a� Y
3.
o: �,. vuw 'JI
cy
111111 11111 1111111 111 1111 1111111 11 11111 11111111 •
•2aof34 R 0.002D00.002:46P JA l nkemoto
Weld County CO
: •
•
•�b � .O
Page 2 0 `� v-a-
EXHIBIT A
EASEMENT LEGAL DESCRIPTION
A parcel of land located in the Southeast One-Quarter of Section 23, Township 3 North, Range
68 West of the Sixth Principal Meridian, County of Weld, State of Colorado and described as
follows:
Commencing at the Southwest Corner of the Southeast One-Quarter of said Section 23, from
whence the Northwest Corner of the Southeast One-Quarter of said Section 23 bears
N00°58'06"W a distance of 2559.05 feet with all bearings herein relative thereto; thence
N64°25'34"E a distance of 93.84 feet to the Easterly line of Weld County Road 9.5 and the
POINT OF BEGINNING; thence N00°58'06"W along said Easterly line a distance of 60.00 feet;
thence N89°39'21"E a distance of 20.00 feet; thence 500°58'06"E a distance of 60.00 feet to the
Northerly line of State Highway 66; thence S89°39'21"W along said Northerly line a distance of
20.00 feet to the POINT OF BEGINNING and containing 1200.1 Square Feet, more or less.
The above legal description was prepared by Leon Sievers, Right of Way Agent for and on
behalf of Weld County on April 2, 2001, and is based on survey information provided by King
Surveyors, Inc., 9299 Eastman Park Drive, Windsor, Colorado 80550, Job No. 99381
1 111111 11111 1111111 HI 11111 111111111111 III 11111 IIII IIII
2859300 06/21/2001 12:46P JA Suki Tsukamoto
3 of 4 R 0.00 0 0.00 Weld County CO
H X ST VAP
i .'
NORTH
o s0 100
SE 114
WEST LINE OF SE1/4 \ SEC 23, T3N, R68W
in
O WCR 9.5
O,n' RIGHT OF WAY
In
O1
p
'0 O
G O
CO
$
2 P
b
'SD f N89'39'21"E 20.00'
b
z S00'58'06"E 60.00'
SW COR SE1/4
SECTION 23, SH 66
TOWNSHIP 3 NORTH P08 RIGHT OF WAY
RANGE 68 WEST
4 F'
g17 S89'39'21"W 20.00'
9 '
N89'39'21"E 2645.35' SOUTH UNE OF SE1/4
\IIIIII VIII 1111111 It 1111111111 IIIIIII III//1111111 Ill
2659300 0612112001
4 of 4 R 0.00 D 0.00 Weld County CO
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 LWS
SCORN LWS WELD COUNTY ROAD 9.5
CROON LWS 1 OF 1
WC MARCH 16, 2001 EXHIBIT MAP
Hello