HomeMy WebLinkAbout20160570.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS -AMY AND MARK FELLINI
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 for the Purchase of Public
Road Right-of-Way and Temporary Construction Easement for 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 Amy and Mark
Fellini, 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 for the Purchase of Public Road Right-of-Way and
Temporary Construction Easement for 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 Amy and Mark Fellini, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diam44) C ;� Mike Freeman, Chair
Weld County Clerk to the Board Se-n P. Conway, Pro-T m
BY: � I.II. � ��
ty Clerk to the Board j ��►�/,�
i� ► 1 =-�•�-ra Kir eyer
APP' . ' : TO FORM: �J !�u..� / X))0.L°/f
•. t torney i'� ��Lr2+.•.v�
�•..�.r�eve Moreno
Date of signature:
2016-0570
CC U(FC-11-3)%., EG0073
j2,40, MEMORANDUM
r -�\'
TO: Clerk to the Board DATE: 1/28/2016
�.:GOU N T Y
1 FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
for Improvements to WCR 49 with Amy and Mark Fellini.
RECEIVED
FEB 012016
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-l.doc
2016-0570
EG 0073
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 49 BETWEEN AMY AND MARK FELLINI AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this lb day of baem{e{r2015, by and between the
AMY FELLINI and MARK FELLINI,hereinafter referred to collectively 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"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement'.'), and
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,County requires a Temporary Construction Easement in order to construct the
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 County agrees to purchase the Public Road
Right-of-Way (ROW) shown and/or described on Exhibit A (a copy of which is
attached hereto and made a part hereof by this reference), and a Temporary
Construction Easement (TCE) shown and/or described on Exhibit C (a copy of
which is attached hereto and made a part hereof by this reference), for the sum of
Thirteen Thousand Eight Hundred Fifteen Dollars, ($13,815.00). 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,
Permanent Easement and the Temporary Construction Easement and will defend
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Carly Koppes, Clerk and Recorder, Weld County, CO
■III FAIR li:1010ri7KIVIN:1411,lr+,,Kati Ili II
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title thereto against all claims.
3. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed, in a form substantially similar to that attached hereto as Exhibit D, free and
clear of all liens and encumbrances, except existing easements.
4. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
5. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the Corridor Improvement Project, whichever is earlier.
6. Owner shall not, during the term of the Temporary Construction Easement,erect or
construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit C which may interfere with County's full
enjoyment of the rights hereunder;the Temporary Construction Easement includes
all rights and privileges as are necessary or incidental to County's reasonable and
proper use of said easement.
7. Owner shall retain the mineral estate under the Public Road Right-of-Way and the
Temporary Construction Easement, and shall also retain any water rights currently
attached to or associated with the Public Right-of-Way and Temporary
Construction Easement.
8. 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.
9. Owner shall pay any encumbrance associated with the Public Road Right-of-Way
and the Temporary Construction Easement 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. 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 and Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. 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 and Temporary
Easement.
2. County shall at closing pay all fees associated with recording this Agreement and/
or the Warranty Deed.
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Carly Koppes, Clerk and Recorder, Weld County, CO
liii hU�1rY�4Nr�"tl 'l 'I, 1 114l�J��I�I�a�. �,ii��h iIIII
Page 3 of 4
3. County shall pay Thirteen Thousand Eight Hundred Fifteen Dollars, ($13,815.00)
to the Owner for the Public Road Right-of-Way and the Temporary Construction
Easement by County warrant(s)at the date of closing.
4. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit C to a level
comparable to its original.
5. Prior to construction commencing on the Project and right of way described herein,
the County shall construct a temporary fence line along the outside boundary of the
temporary construction easement. At the conclusion of construction, the County
will install a new permanent right of way fence along the boundary of the new right
of way being acquired hereunder. The Owner shall be responsible for the
subsequent maintenance of said fence.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way and the
Temporary Construction Easement 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.
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
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Carly Koppes, Clerk and Recorder, Weld County, CO
a ��r�4kY1��y£ II C�Y4hl I' I' 11111
Page 4 of 4
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.
IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written.
OWNER: AMY FELLINI and MARK FELLINI(both must sign)
Signature ..._)MA)l. Date: c D,' O .c
Amy Fe • .
Daini
Signature ..7 ' Date: /R-..//C /�
Mark Fellini
ATTEST: I4V4v ) W JdD'tok BOARD OF COUNTY COMMISSIONERS
Weld o Clerk to the Board WELD COUNTY,COLORADO
BY: �1 1 h.�-L
Deputy C rk o the B Mike Freeman, Chair FEB 0 8 2016
APPROVED AS TO F r PPROVED A : " t . ANCE:
'.....0 .
Controller ,, lecte • • 1 or Department Head
APPROVED AS TO FORM: j ' NI/A -
PC - Director of General Services
County Attorney
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Carly Koppes, Clerk and Recorder, Weld County, Co
■III NUAIM M ' Ik rigii MI illitNu'it U'illyi, II III o20i6,- 57d
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO. 1053-07-2-RE2436 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2706693 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 71,315.33 sf.± OR 1.64 ac. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO BOTH LOTS A & B OF SAID RECORDED EXEMPTION NO. 2436 CONTAINING 1.2 ac.±
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION rj * WCR 49 CORRIDOR PROJECT
1
n BETWEEN WCR 46&WCR 48
FELLINI
' I PROJECT NO: SRP-26 SCALE:
WCR 49
1 GOU_NTY
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 1 oft
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Carly Koppes, Clerk and Recorder, Weld County, CO
Ell 1Nr1RYEL Irk I'a14J�hl��E���
EXHIBIT-A PHS-1/MILE-5
NW COR I WRIGHT-
S7-T4N-R64W -Ng8'42'38"E ARCE/MEZA GOIN
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S7 T4N R1/464W
WCR 49 EXISTING
40' R.O.W.
BK.1046/PG.13
RECP.#819293 40' 0'
6-7-1939
i / • ADDITIONAL 80' RIGHT—OF—WAY
ACQUIRED 71,315.33 sf.± OR 1.64 ac.±
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NE 1/4
S12-T4N-R65W R65W MARK & AMY FELLINI
PARC.#105307000039
RECP.#3572635
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SCHMERGE I /N N RECP.#2706693
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. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
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ATTACHED PROPERTY DESCRIPTION ONLY.
WOJCIESZAK ; o.
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RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
ACQUISITION RW-27 C1-7- r'7 OF PUBLIC WORKS
��j IrZ'! WCR 49 CORRIDOR PROJECT
�\:"_ `�- ==��1 BETWEEN WCR 46&WCR 48
FELLINI - - h' ;'JI
/-qt' '� - , `-1 PROJECT NO: SRP-26 SCALE: 1"=100
WCR 49 AGOUT '
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 FAIIIIIiiMliiiii,firligillill Milt L A Ili 1 111
EXHIBIT-C PHS-1/MILE-5
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO. 1053-07-2-RE2436 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2706693 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 17,828.36 sf.± OR 0.41 ac. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO BOTH LOTS A & B OF SAID RECORDED EXEMPTION NO. 2436 CONTAINING 1.2 ac.±
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
1861 WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT
_ OF PUBLIC WORKS
ACQUISITION
TE-27 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
FELLINI
PROJECT NO: SRP-26 SCALE:
WCR 49 _Go!UN T Yr
WELD COUNTY,COLORADO DATE: 5-7-15 BY: Jl1B SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County, Co
■III MA14R' VW KIM Mai/4, 11111
EXHIBIT-C PHS-1/MILE-5
NW COR I I WRIGHT-
S7-T4N-R64W ' N88'42'38"E ARCE/MEZA COIN
I20.00' R
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FURNEY I
NW 1/4
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WCR 49 EXISTING '
40' R.O.W. I I •
BK.1O46/PG.13
RECP.#819293 : 40' I 40' ,,
6-7-1939 I
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NE 1/4 I : MARK & AMY FELLINI
S12-T4N-R65W PARC.#105307000039
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CO C2i01
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' 17,828.36 sf.± OR 0.41 ac.±
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S7-T4N-R64W 20.00' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
g A MONUMENTED LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO ILLUSTRATE THE
I I I
ATTACHED PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT 1861 eW WELD COUNTY DEPARTMENT
ACQUISITION 0. OF PUBLIC WORKS
TE-2) WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
FELLINI
WCR 49 N T Y PROJECT NO: SRP-26 SCALE: 1"=100
I GO!�,
WELD COUNTY,COLORADO J DATE: 5-7-15 BY: JHB SHEET: 2 of
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 rjINVIRIVIRIC IMI II MIly, INN N
EXHIBIT D
WARRANTY DEED
THIS DEED made this day of , 2015, between AMY FELLINI
and MARK FELLINI, as 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 grantors, 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 �1R��i4� 11III
IN WITNESS THEREOF the grantor has executed this deed on the date set forth above.
OWNER: AMY FELLINI and MARK FELLINI
Signature Date:
Amy Fellini
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
20 , by the Amy Fellini, Grantor.
Witness my hand and official seal.
Notary Public
My commission expires:
Signature Date:
Mark Fellini
State of )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
20 , by the Mark Fellini,Grantor.
Witness my hand and official seal.
Notary Public
My commission expires:
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Carly Koppes, Clerk and Record $O Weld Count
181 MEMORANDUM
Lis t, I ' TO: Clerk to the Board DATE: 2/26/2016
1 FROM: Tiffane Johnson
Public Works Department
SUBJECT: Consent Agenda Item
RE: Doc#2016-0570
Warranty Deed with Mark A.and Amy L.Fellini for improvements to WCR 49 between WCRs 46
&48.
RECEIVED
FEB 2 9 2016
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc
Cc;`eu>(L strf7 )
a- ►Le
WARRANTY DEED
c� D
THIS DEED made this O� day of , 20/b, between Mark A.
Fellini and Amy L. Fellini, whose address is 22630 County Road 49, LaSalle, Colorado
80645, Grantor, 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"
Also known as: 22630 County Road 49, LaSalle, Colorado 80645.
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.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
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,
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111
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.
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
1
Mark A. Fellini my L. Mini
STATE OF COLORADO )
/ ACKNOWLEDGEMENT
COUNTY OFt/-7-1_� )
The foregoing instrument was acknowledged before me this Z-611.1—day of
VAJ, 20)h , by Mark A. Fellini and Amy L. Fellini.
Witness my hand and official seal.
JAMES R.FLESHER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY63,2419580d3 9802
MY COMMISSION TOBER 7,2019 otary Public
My commission expires: /a/I /f
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02/04/2016 1Cler AM stio �4tt ivi4YL ,
Carly KoPPes,
Clerk and Recorder, Weld County, `w
IIIII�����Y=,lLiltelI�; 11111111 '
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 deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this cZi ' day of ✓ , 2016.
ATTEST: da4W1/ Jel 'gi COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS OF STATE OF COLORADO
THE COUNTY OF WELD
(--- "0,7 ,,..
i . 4,, ,ALL .a•
By: , c l r_ I Ff.A it i.! _ «ti'� 1%BY. 11\24(01g.e.e....-__
D- . ly Clerk to he Boa' 1' '�1.`: - �b Mike Freeman, Chair MAR 0 2 2016
%;k► �1 BOARD OF COUNTY
1 TM.... ' . / COMMISSIONER
`� j ' f OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this c2'vV day of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
•
Notary P is
My commission expires:/c2,//9/02S CHERYL LYNN HOFFMAN
NOTARY PJBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMIgrIAN EXPIRES DEC. 19, 2018
4185742 Pages: 3 of 5
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Carly Koppes, Clerk and Recorder, Weld County, Co
■III I r rllitr Lill Cll4 WIhi«t II4* IIA`iri Id till
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 4 NORTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF LOT-B OF RECORDED EXEMPTION NO. 1053-07-2-RE2436 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2706693 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 71,315.33 sf.± OR 1.64 ac. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO BOTH LOTS A & B OF SAID RECORDED EXEMPTION NO. 2436 CONTAINING 1.2 ac.±
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
4185742 Pages: 4 of 5
03/04/2016 11:32 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
•v I ��I �t I��l1 1�4�:M1 �',4� �I�*I LJ'Ld�I�ii�h ��II
WELD COUNTY DEPARTMENT
RIGHT OF WAY
.1 1861 OF PUBLIC WORKS
ACQUISITION RW_2,
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
FELLINI
WCR 49 G0BN T Y PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 1 of 2
EXHIBIT PHS-1/MILE-5
NW COR I I 1WRIGHT-
S7-T4N-R64W 1 1 N88'42'38"E ARCE/MEZARCEjMEZA GOIN
I LJ8O.OO1
R
I:// ''',,
FURNEY 1 `/ 2
I err' NW 1/4
1 i•, S7-T4N-R64W
WCR 49 EXISTING ' v
40' R.O.W. I ' .1 4f
BK.1O46/PG.13 °
RECP.#819293 ;.40' :'1,7 '- o
6-7-1939 I I,r',°
1 !. °,r`` • ADDITIONAL 80' RIGHT—OF—WAY
`e 1 ACQUIRED 71,315.33 sf.t OR 1.64 ac.± —
..,,,,,J. 7,fft
Is./,,,,
NE 1/4
d ! 1
,
S12-14N-R65W I• g1, MARK & AMY FELLINI G8
1, PARC.#105307000039 " a-•
V 2 0)31 RECP.#3572635 o�y
SCHMERGE �/ i3 o LOT B/RE-2436 mat
I N N
RECP.#2706693 ����
N ••y—a
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/Jf varo—
I ro"Y
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1
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M1`f,r'' ' 1 _m
1 _
1 31//it
1 0 �, NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
•
N , A MONUMENTED LAND SURVEY OR LAND SURVEY
I -0.(//
PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
WOJCIESZAK : z �rI
T.
1 •�i:. 1
W 1/4 COR �`. S88'41'O4"W
S7-T4N-R64W ,;� 80.00' COLBURN
1 i LOi A/R[ 2436
I ',•1
t
RIGHT OF WAY WELD COUNTY DEPARTMENT
. 1861
ACQUISITION 41, OF PUBLIC WORKS
v1iiT/ WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
FELLINI ��/
V N r Y PROJECT NO: SRP-26 SCALE: 1"=100
WCR 49
_cow
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 2 of 2
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