The URL can be used to link to this page

Browse Search

Home My WebLink About20173327.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - VIRTUS AND AMY JO BANOWETZ 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Virtus and Amy Jo Banowetz, 24081 County Road 50, La Salle, Colorado 80645, 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Virtus and Amy Jo Banowetz 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. cc : pwc+'rcl cP) PCTC6C), lot( /17 2017-3327 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - VIRTUS AND AMY JO BANOWETZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATT E Sdite � ..do; oc. Weld County Clerk to the Board BY: eputy C rk to he Bo AP VED A • FORM: Count Attorney Date of signature: (O/4/2011 Julie R. Cozad, Chair EXCUSED n P. Conway ke Freeman arbara Kirkmeyer 2017-3327 EG0074 MEMORANDUM TO: Esther Gesick, CTB DATE: September 6, 2017 FROM: Cameron Parrott, P.E., Public Works SUBJECT: ROW Agreement for Virtus and Amy Jo Banowetz Please place the attached Right of Way agreement on the BOCC Agenda. Once the agreement has been signed, please return a signed original back to me so I can provide them to IHC. This agreement is for additional Right of Way that IHC needs to accommodate their design of the CR 49 and CR 50 intersection. IHC will acquire 0.13 acres from the landowner. The agreement allows IHC and their subcontractors to start construction activities on the property. Weld County is not paying for the Right of Way. IHC included the cost of additional right of way acquisitions in their price for the overall CR 49 project. IHC offered the landowner $22,000.00 for the ROW agreement. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 9/as Page I of I 2017-3327 &C o o -7 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN VIRTUS G. BANOWETZ AND AMY JO BANOWETZ AND WELD COUNTY, COLORADO THIS AGREEMENT is made this'othday of__ ��.p+. , 2017, by and between VIRTUS G. BANOWETZ and AMY JO BANOWETZ, whose address is 24081 County Road 50, La Salle Colorado 80645, hereinafter collectively 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 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit — A" (hereinafter referred to as ("Public Road Right -of -Way"), WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and IHC on behalf of Weld County agrees to purchase the Public Road Right -of -Way shown and/or described on "Exhibit -A (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Twenty-two Thousand and 00/100 Dollars, ($22,000.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that they are the Owner of the Public Road Rights -of -Way and will defend title thereto against all claims. 3. Owner agrees to grant the Public Road Right -of -Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 4342717 Pages: 1 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO N aY4i 11111 aO V7 -33 a'7 C r) &&O07d ,f 4. Owner shall retain the mineral estate under the Public Road Right -of -Way and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 5. Owner shall deliver the fully executed Warranty Deed for the Public Road Right - of -Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way, which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. IHC on behalf of Weld County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of - Way. 2. IHC on behalf of Weld County shall at closing pay all fees associated with recording this Agreement and/or the Warranty Deed. 4. Prior to construction commencing on the Project and right of way described herein, IHC on behalf of Weld County shall construct a temporary fence line along the outside boundary of the Right -of -Way. At the conclusion of construction, IHC on behalf of Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. Page 2 of 4 4342717 Pages: 2 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII l��l�la= �'I�r'IlV� 1�41� Il�ti4 iL�l1 ��;'iY 1111 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as 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. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4342717 Pages: 3 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO iii lirdilit ritg<etIPAIL'I Iil'IeYiGirlia Dili 11111 Page 3 of 4 7, 8, IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Virtus G. Banowetz ATTEST: A�41 edi4;tok BOARD OF COUNTY COMMISSIONERS Weld ty Clerk to the B • and WELD COUNTY, CO4)RADO BY: 4342717 Pages: 4 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l��Lr,�;1�4C1 irI�h Y� Y.��iY��T�k�I�t �lY�h 11111 Owner: Amy Jo Banowetz Page 4 of 4 ao('1-33&'1 CI) E..C.7ao'7y EXHIBIT - A ADDITIONAL RIGHT-OF-WAY VITUS G. BANOWETZ & AMY J. BANOWETZ PARCEL # 0963-31-3-00-013 RECEPTION # 2722173 A TRACT OF LAND LYING AND BEING SITUATE WITHIN THE southwest 1/4 of Section 31, Township 5 North, Range 64 West, of the 6th Principal Merician, Weld County Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the Easterly Right -of -Way Line of Weld County Road 49, whence the Southwest Corner of Said Section 31 bears 566°32'58"W, a distance of 130.19 feet; THENCE N89°08'06"E, a distance of 90.53 feet; THENCE 588°07'05"E, a distance of 417.31 feet to the Northerly Right -of -Way Line of Weld County Road 50; THENCE S89°08'06"W, along said Northerly Right -of -Way Line, a distance of 487.43 feet to the Easterly Right -of -Way Line of Weld County Road 49; THENCE N45°45'02"W, along said Easterly Right -of -Way Line, a distance of 28.23 feet to the POINT AND PLACE OF BEGINNING, containing 5,780 square feet (0.13 Acres) more or less. Bearings as shown in the above description are based upon the South Line of Section 31 having a bearing of N89°08'06"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4342717 Pages: 5 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Alii11I II CO PLS 18468 ADDITIONAL ROW ACQUISITION VIRTUS G. BANOWETZ & AMY J. BANOWETZ WCR 49 WELD COUNTY, COLORADO LUCHETT1 SURVEYING 1975 Prairie Owl Road Parker, LU 80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT AT WCR 50 PROJECT NO.: SRP-26 DATE: 4/18/17 DRAWN BY: MSL SHEET 1 OF 2 EXHIBIT - A 'All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. S88' 07' 05"E 417.31' Additional ROW Parcel to be Acquired 5,780 Sq. Ft. /0.13 Acres+ VIRTUS G. BANOWETZ & AMY J. BANOWETZ NO. 0963-31-4-RE2358 PARCEL #0963-31-3-00-013 RECEPTION #2722173 20' PVREA Permanent Easement 2631.15' N0' 38' 11"W N89' 08' 06"E 90.53' WCR 49 Existing ROW SW Corner Section 31, T.5/V., R.64W. South Line of Section 31 Basis of Bearings N89' 08' 06"E 2657.37' 0 0 N S89' 08' 06"W 487.43' 0 II N45' 45' 02"W 28.23' TIE --S66' 32' 58"W 130.19' WCR 4/ Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION EA/-3-- VIRTUS G. BANOWETZ & AMY J. BANOWETZ WCR 49 WELD COUNTY. COLORADO 342717 Pages: 6 of 7 0/09/2017 02:16 PM R Fee:$0.00 arty Koppes Clerk and Recorder, Weld County, CO 1111 PCIPAtkik 11111 LUCH ETII SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT AT WCR 50 Parker, CU tiU16ti «n3)841-2568 PROJECT NO.: SRP-26scALE: 1•�=1Do' DATE: 4/18/17 DRAWN BY: MSL SHEET 2 OF 2 All existing ewnership, i p, Rights -of —Way, and existing easement informatiip has been Weld County. provided Y � Y a PHOTO EXHIBIT Additional ROW Parcel to be Acquired 5,780 Sq. Ft. /0.13 Acress VIRTUS G. BANOWETZ & AMY J. BANOWETZ NO. 0963 -31 -4 -RE? 358 PARCEL # 0961- 31-3-00-01 RECEPTION #2722173 20' PE/REA Permanent Easement Th WCR 49 Existing ROW 5W Corner Section 31, [5N., R.64W. ADDITIONAL ROW ACQUISITION RW-38A VIRTUS G. BANOWETZ & AMY J. BANOWETZ WCR 49 WELD COUNTY, COLORADO Tprnt South Line of Section Basis of Bearings N89° 08' 06 "E 2657.37' 0 O N 0 O O Ln O O O i Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. LUtHETh SURVEYING 1975 Prairie Owl Road 303 841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT AT WCR 50 `ROJECT NO.: SRP-26 DATE: 4/18/17 DRAWN BY: MSL 4342717 Pages: 7 of 7 10/09/2017 02:16 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv ri' liii SUMMARY STATEMENT OF JUST COMPENSATION Virtus G. Banowetz and Amy Jo Banowetz 24081 County Road 50 La Salle Colorado 80645 Date: August 10, 2017 Project: WCR 49 Improvement Project Project No: SRP-26 Parcel: RW-38A The amount offered as fair market value was determined in accordance with applicable Federal and State laws and requirements. 1. Right of Way $ 3,120.00 based on $24,000.00/acre 2. Damages $ 18,880.00 3. TOTAL $ 22,000.00 Determination was based on the following information: a. Identification of the real property to be acquired: 24081 County Road 50, La Salle, CO 80645, Parcel RW-38A. b. Type of interest being acquired: Right of Way c. Identification of all improvements, including fixtures to be acquired: None d. Identification of real property improvements, including fixtures to be acquired which are not owned by the landowner: None The subject property has been valued as though clean with the assumption that there are no potentially hazardous substances on or below the surface of the site or in the construction of any improvement. If, at a later date, contamination is found on or in the property that would negatively affect the value, the value finding and subsequent offer will be revised. MEMORANDUM TO: Esther Gesick, CTB DATE: March 14, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for Public Highways for the CR 49 Project Please place the attached Warranty Deed for additional ROW that IHC acquired on behalf of Weld County from Virtus and Amy Jo Banowetz on the BOCC Consent Agenda. The original contract ID # was 1444 and the docket number was 20173327. NA.._s5uv\A kyzA(XcL, co(.6) a-‘9 - 2- /1-/s7 (702tf Page 1 of 1 M:\ —Active Projects \STRATEGIC CORRIDOR\WCR 49 Corridor\ROW\II-IC Acquired ROW\Banowetz\Banowetz Deed Acceptance Memo to CTB 03-14-IS.docx WARRANTY DEED THIS DEED made this 6th day of October, 2017, between Virtus G. Banowetz and Amy Jo Banowetz of the County of Weld, State of Colorado, Grantors, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4386700 Pages: 1 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III �Ot7-33Q`--1 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Virtus G. Banowetz STATE OF COLORADO ) )ss. COUNTY OF WELD ) Amy anowetz ..-4--- The foregoing instrument was acknowledged before me this 6th day of October, 2017, by Virtus G. Banowetz and Amy Jo Banowetz. MICHELE A SPENCER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984030370 MY COMMISSION EXPIRES NOV. 02, 2018 My commission expires: 4386700 Pages: 2 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Witness my hand and official seal. Notary Public 11111 MI'llill'irlICIAILIiiiiNIK'AIVIdnAiii BIM 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 said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this / 9 day of , 2018. ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Deput Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE TATE OF COLORADO Steve Moreno, Chair BOARD OF COUNTY COMMISSIONER MAR 1 9 2018 OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this /� day of , 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: kV/9/O2a 4386700 Pages: 3 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO NWINIVAI VI I HIE', iI II Notary Pu CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2J144J48044 MY CJIv'IMbSk. N LXHRES DEC. 19, 2018 O2.O/7-- oO2 EXHIBIT - A ADDITIONAL RIGHT-OF-WAY VITUS G. BANOWETZ & AMY J. BANOWETZ PARCEL # 0963-31-3-00-013 RECEPTION # 2722173 ATRACT OF LAND LYING AND BEING SITUATE WITHIN THE southwest 1/4 of Section 31, Township 5 North, Range 64 West, of the 6th Principal Merician, Weld County Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the Easterly Right -of -Way Line of Weld County Road 49, whence the Southwest Corner of Said Section 31 bears $66°32'58"W, a distance of 130.19 feet; THENCE N89°08`06"E, a distance of 90.53 feet; THENCE S88°07'05"E, a distance of 417.31 feet to the Northerly Right -of -Way Line of Weld County Road 50; THENCE S89°08'06"W, along said Northerly Right -of -Way Line, a distance of 487.43 feet to the Easterly Right -of -Way Line of Weld County Road 49; THENCE N45°45'02"W, along said Easterly Right -of -Way Line, a distance of 28.23 feet to the POINT AND PLACE OF BEGINNING, containing 5,780 square feet (0.13 Acres) more or less. Bearings as shown in the above description are based upon the South Line of Section 31 having a bearing of N89°08'06"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4386700 Pages: 4 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO CO PLS 18468 ADDITIONAL ROW ACQUISITION VIRTUS G. BANOWETZ & AMY J. BANOWETZ WCR 49 WELD COUNTY, COLORADO LIP CLUCHETTI SURVEYING 1975 Prairie Owl Road Parker, CO 80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT AT WCR 50 PROJECT NO.: SRP-26 DATE: 4/18/17 DRAWN BY: MSL SHEET 1 OF 2 EXHIBIT - A /All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. i S88' 07' 05"E 417.31' Additional ROW Parcel to be Acquired 5,780 Sq. ft. /0.13 Acres+ VIRTUS G. BANOWETZ & AMY J. BANOWETZ NO. 0963-3 l-4-RE2358 PARCEL #0963-31-3-00-013 RECEPTION #2722173 20' PVREA Permanent Easement Th 2631.15' NO' 38' 11"W N89' 08' 06"E 90.53' VWCR49 Existing ROW SW Corner Section 31, T.5N., R.64W. South Line of Section 31 Basis of Bearings N89' 08' 06"E 2657.37' S89' 08' 06"W 487.43' N45' 45' 02"W N 28.23' 0 0 N O co O LU 0 O O O 0 ii TIE --S66' 32' 58"W 130.19' WCR 49 Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION RW-38 VIRTUS G. BANOWETZ & AMY J. BANOWETZ WCR 49 lA/CI n rnl ',MTV rni rip Ann LUCH ETTI S URVEYI NG 1975 Prairie Owl Road 4386700 Pages: 5 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Parker, LU 60138 Izr1 \RLI1-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT AT WCR 50 PROJECT NO.: SRP-26scALE: DATE: 4/18/17 DRAWN BY: MSL (SHEET 2 OF 2 Bill VIRTUS G. BANOWETZ & AMY J. BANOWETZ NO. 0963-3 1-4-RE2358 PARCEL #0963-31-3-00-013 RECEPTION #2722173 maiss TvpiE. Exribit sketch doe., o4' represent a Mortu�r eri ed Loor . d rvey or ' `4gh t —of— �luy; ' �t is E tended to shc* the ottochea property -sc nptior► ors; y _se_ _ VIRTUS G. BANOWETZ S l & AMY J. BANOWETZ 19 WCR 49 WELD COUNTY. COLC)RAlf 4386700 Pages: 6 of 6 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO I111111 II III IIIIII Qlld 11111 I fll9�l IIB�I III 6�1�1 Il l I I L r `°'xO. ., ;_--/t/ 51 049 AutoCAD: BDULTERM JOB N❑ FISH -9802 267337 12/02/1990 11:16A Wald County CO 1 of 1 R 11.00 0 0 03 JA Suki Tsukamoto sco12.20'E 1711y' T 5 N 36 00' tr•® 0.x/63- -4 "'E2358 0 a te (�Y N89'40'30'E 2639.75' i n SET PIN & CAP WITNESS COR N99`25'00'E 210.00' ca ryh N89'39'57'E 264120' r C 4 0 fiver SET PIN t. CAP (1 Ate ? LOr A P1 �Oe o, 10.71 t/ -Ac Inch rJ,4 8.76 +/-Ac ExcL . for- Noras Canal, o' Rd 19, t, Rd 50 `31 @ \ AU R4 RCN r0. otbo 001 S09'36'20'W 2642.09' POCK 951 REG 2619951 LOT i EUILDING ENVELOPE 2.0 ACRES b N •a z S. 1/4 CORICR SECTION 31 SET PIN & CAP I S89'37'22'V 264136' Lur n 24269 WCR 50 68.76 t/ -Ac. Incl. All ROW 64,43 t/ -Ac. Excl. ROW for Neres Conal, Rd 49, Rd 50, & Rd 51 SET PIN & CAP 41) 0' 31 30' 32 T. 4 N. I, FOUND POI & 2 1/2' CAP NOTES' 6 SB9'32'i4'V 1178.00' Es RD 50 24081 WCR 50 N89'32'44'E 1464.18' Rd 50 LOCATION MAP SCALE 1' = 2000' FOUND PIN & 2 1/2' CAP PLS 23501 N 1/4 CORNER SECTION 6 60' 30' 34.43' Ste N89'34'06'E 2642.96' SCALD P ° = 400' FEAIND PIN & e I/2' CAP PLS 23501 S 1/2 S 1/2 S 1/2 SECTION 31 T. 5 N., R, 64 W„ 6 P.M. WELD COUNTY, COLORADO 1, Ail recorded easements and rights —of —way have not been researched by us or shown on this plat. The easements and/or rights -of -way which may be shown hereon may not he complete, are based on general Information, and are to be used only in this context. 2, NOTED According to Colorado law, you must commence any legal action based upon any defect In this survey within three years after you first discovered such defect, In no event may any action based upon any defect in this survey be commenced more -than ten years From the date of the certification shown hereon, 3. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property Is located, 4. Any future structures or uses on site must obtain the appropriate zoning and building permits. 5. Prior to release of building permits the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity, and dependability, 6 5 F5L310 PIN & 2 1/2' CAP PLS 29752 1994 The foregoing certificate was acknowledged before rte this Hy Commission Expires, /0/28/.00. Notary Public, Witness my Hand and Seal' DESCRIPTION - LOT A A Tract of land located in the South One -Half South One -Half Southwest One -Quarter (S 1/2 S 1/2 SW 1/4) of Section Thirty -One (3D, Township Rye (5) North, Range Sixty -Four (64) West of the 6th Principal Meridian, Weld County, Colorado and more particularly described as' Cdnsidering the west line of the Southwest One -Quarter (SW 1/4) of said Section 31 -to bear .North 00°12'20'West and all bearings contained herein relative thereto' Beginning at -the Southwest (SW) Corner of said Section 311 -thence along the west line of -the Southwest One -Quarter (SW 1/4) said Section 31, North 00.1R'20'West, 486.59 Peet along -the west line Southwest One —Quarter (SW 1/4) said Section 31 to a point on tha centerline of -the Wares Canal; -thence along -the centerline of the Neres Canal, North 70.40'00'£ast, 21000 feet; thence, North 89'25'00'East, 210.00 feet; thence, South 63°40'00'East, 210.00 feet; thence, South 62'20'00'East, 310,00 feet; thence, South 42.00'00'East, 300.00 feet, thence, South 50.46'32'East, 140,51 feet -to a point on -the south line of -the Southwest One -Quarter (SW 1/4) said Section 31; thence, South 89'32'44'West, 1178.80 feet to the Point of Beginning. The above described Lot A contains 10,71 acres, more or less, and 8,76 acres, more or less excluding rights -of -way for -the Neres Canal, Road 50 along -the southerly side of said Lot A, and Road 49 along -the westerly side of said Lot A. DESCRIPTION - LOT B A Tract of land being part of the South One -Half South One -Half South One -Half (S 1/2 S 1/2 S 1/2) of Section Thirty -One (31>, Township Five (5) North, Range Sixty —Four (64) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as' Considering the west line of -the Southwest One -Quarter (SW 1/4) of said Section 31 to bear North 00.12'20'West and all bearings contained herein relative thereto' Beginning at -the Southwest (SW) Corner of said Section 31; thence along the west line of the Southwest One -Quarter (SW 1/4) said Section 31, North 00'12'20'West, 486,59 feet to a point on the centerline of the Neres Canal and the TRUE POINT OF BEGINNING, -thence along -the centerline of the Neres Canal, North 70'40'0D'East, 210.00 feet; thence, North 89'25'00°East, 210.00 feet; thence, South 63`40'00'East, 210.00 feet; thence, South 62°20'00'East, 310,00 feet; thence, South 42.00'00'East, 300,00 feet; thence, South 50°46'32'East, 140.51 feet to a point on the south line of the Southwest One -Quarter (SW 1/4) said Section 31; thence, North 89'32'44'East, 1464.18 feet to the South One -Quarter (5 1/4) Corner of said Section 311 thence, North 89'34'06'East, 26-42.98 feet to.the Southeast (SE) Corner of said Section 31; thence, North 00'25'24'West, 652A9 feet to -the Northeast (NE) Corner South One -Half South One -Half Southeast One -Quarter <S 1/2 S 1/2 SE 1/4) of said Section 31; thence, South 89'37'22'West, 2641.36 feet to the Northwest (NW) Corner South One -Half South One -Half Southeast One -Quarter (S 1/2 S 1/2 SE 1/4) of said Section 31; thence, South 89'36'20'West, 2642.09 feet -to -the Northwest (NW) Corner South One -Half South One -Half Southwest One -Quarter (S 1/2 S 1/2 SW 1/4) of said Section 314 thence, South 00.12'20'East, 171.19 feet along the west line Southwest One -Quarter (SW 114) said Section 31 -to a point on the centerline of' -the Neres Canal and the TRUE POINT OF BEGINNING, The above described Lot B contains 68,76 acres, more or less, and 64,43 acres, more or less excluding rights -of -way for -the Neres Canal, Road 50 along the southerly side of said Lot B, Road 49 along the westerly side of said Lot B, and Road 51 along the easterly side of Said Lot B. SURVEYOR'S CERTIFICATE I, Kenneth R. Alles, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that -this Recorded Exemption Plat and survey was prepared under my personal supervision, and that this plat Is an accurate representation of the survey, 1 further certify that the survey and this plat compiles with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration For Professional Engineers and Professional Land Surveyors, to -the best of my knowledge. v /t4uem ' a1 /9w Kenneth R. Alles, PLS No, 9644 Date OWNER'S APPROVAL I (We), the undersigned, being the sole owners In fee of the above described property do hereby subdivide -the same as shown on the attached map. We understand this property is located in the ' A ' (Agriculture) zone district and is also Intended to provide areas for -the conduct of other uses by right, accessory uses, and uses by� special review, z� / (9, 4(:t1- C l`�� °< t {� �' The foregoing certificate was acknowledged before me this \ C\-‘r\day of i\10\If1fi-\\?P‘r A.B„ 199 R My Commission Expires'' Notary Public' W: priNJI.,,yiy'f�fj�ti.%LI--Q_.ceJ7J Witness my Hand and Seab: Sit- l a- -c\-)no ACCEPTANCE This plat Is accepted and approved for filing. faikteene., 44a/let---(4- Department or Planning Services' Director /57t' • LINDA PETERSON fieleeyPteelte,61eia of Hon!: eceete .. Comm lacy, E piree April 12, 2301 Creee o+' nonav o:XOY4 noree esua,c t;,L day of (�' -fit �/1 ' A.D„ 199 E REVISIONS 0 '7 N r1 in (0 MIKE B❑ULTER 7 C CU Z CO Cu GL LJ jkip ❑ Q 0 3 CZ ED ztzt"-1 QD h -s 1- 0_ 1 LJ X W in ❑ P=1 _ U W CZ • -24- ('') 0 3 •W � W C I- C 0 (5 , (1)) T cn w� (O N) 1 J CO M U 04 Q do� 0)• LJ -AT-ow R.▪ ol'o •-- w q3 ca 1 N) Lc) to N rn Drawn Designed Checked Approved Ac/42.4_, Scale Date 11/02/98 Prof. No. FLSN--9802 Reference KRA RJC Sheet No. 3 _ o F_ 1 a- re Hello