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Home My WebLink About20161264.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 BETWEEN 1-76 AND COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS -JOSEPH AND SHIRLEY IANELLI 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 1-76 and County Road 38, 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 Joseph and Shirley lanelli, P.O. Box 1025, Fort Lupton, Colorado 80621-1025, commencing April 11, 2016, and ending December 31, 2019, with further 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 1-76 and County Road 38, 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 Joseph and Shirley lanelli 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. Cc: 17w(TSI Fc) 5-i g Jc. 2016-1264 EG0073 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMTS TO COUNTY ROAD 49 - JOSEPH AND SHIRLEY IANELLI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board 7Th -- Q Sean P. Conway, P BY: Pro-Tern Dep Clerk to the Board `� EL l (Cozad -O ` - • ORM: ac1/43 �a Kirkme , r o y Attorney 44;;M �'�_� • / / 4J�La�.-u� a Moreno Date of signature: a 2016-1264 EG0073 1861 G� MEMORANDUM TO: Clerk to the Board DATE: 4/1/2016 v �,GOUNTy FROM: Tiffane Johnson, Public Works Department i SUBJECT: Agenda Item RE: WCR 49 Between I-76 and WCR 38 Project Corridor Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Joseph G. and Shirley Jean Ianelli. M'.FrancieNGEMJA memosW6enda-Tiff-Ldoc 2016-1264 ' Page 1 of 5 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN I-76AND WCR 38, WELD COUNTY, COLORADO THIS AGREEMENT is made this up/day of � ,OZD/(oby and between Joseph G. Ianelli and Shirley Jean Ianelli, whose a dress is P. O. Box 1025, Fort Lupton, CO 80621-1025,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"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"B" (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(s) 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 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 Three Thousand, Eight Hundred Seventy Two Dollars, ($3,872.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easements described on Exhibit"B" (a copy of which is attached hereto and made a part hereof by this 4195343 Pages: 1 of 10 ao�� 04/14/2016 11:49 AM R Fee:$0.00 426-ft Carly Koppes, Clerk and Recorder, Weld County, CO ■III Ml�1RM11��4'�L�4 �'I+1�FJVI ?IET Hat ■1III Page 2 of 5 reference), for the sum of Three Hundred Eighty Five Dollars ($385.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2016 3. If this agreement is executed and returned to our office on or before April 4 ,2815 the County shall pay the amount described in Paragraph Three"3" of the County's Rights and Responsibilities. 5. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. 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. 7. 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. 9. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project,whichever is earlier. 10. 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 "B" 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. 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement 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. 12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County and the Permanent Easement at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way, the Permanent Easement 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 County and 4195343 Pages: 2 of 10 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III M1r1�,Jia.�f1'��G��l'I�TI i4�F 4M1�41r I� k�iYl ■1111 Page 3 of 5 the Permanent Easement. 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. 3. County shall pay Five Thousand,Five Hundred Thirty Four Dollars($5,534.00) to the Owner for the Public Road Right-of-W,ay and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before April 4,2016. If the agreement is not signed and returned on or before April 4,2016, the County shall maintain its current offer of Fair Market Value of Four Thousand,Two Hundred Fifty Seven Dollars ($4,257.00) for the Public Road Right-of-Way, the Permanent Easement, and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County shall at closing pay to Owner Two Hundred Dollars ($200.00) for fence materials. 5. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit"B" to a level comparable to its original condition. 6. 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 4195343 Pages: 3 of 10 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII F1P 4NIPZ:Vi'Gf hV,1trihdlillIlLllii. i+k 1I III Page 4 of 5 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 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. OWNERS: Joseph G. Ianelli nd Shirley Jean Ianelli By: 922/21,..21j2,7O.4' Title: OWE" L By: Title: L� 4195343 Pages: 4 of 10 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 5 of 5 ATTEST: dj,. .K,[to;A BOARD OF COUNTY COMMISSIONERS Weld C .uty Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Cle'i to the Bo , S1tW% Mike Freeman, Chair APR 1 1 2016 APPROVED AS TO FUN 1 "-{�.� /c i PROVE si.`. SUBSTANCE: `lest �;� - t. ) ' Controller °Met Jac y•fficial or Department Head APPROVED AS TO FORM: N f A — 1- Director of Gen ral Services County Attorney 4195343 Pages: 5 of 10 o2D/6 _ 486 r 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kl�lti u��hA' tfi�'PYfi 'iYJlt1�l��Ghr J Y4r� 11111 PHOTO EXHIBIT i. --- - - i—_ _ __ ia..t t -.E.--�. c =mow AIIIIIIIIIII -7 Ill - ‘ i 40 _. 1 it 44-1IIIIII 4 , J., . , . A , . . 7 JOSEPH & SHIRLEY a IANELLI ::4'. . ILLIAM & 11 •r IRLEY s t +.# GR YBILL - / 7 r 4 f 4 N1/2 NE1/4 SE 1/4 , - ' • S25 -T2N - R65W or„, 14- %, L `• 4O' EXISTING RIGHT OF WAY / I ' ADDITIONAL RIGHT—OF—WAY P.' ACQUIRED O.914ac.t 4 0 4. 1 t . -NN , p -a, S. '� � 1 :*.r. • se; 0 JOHN & MARY 4 4O' EXISTING RIGHT-OF-WAY = GRANGER yr, / / : 0 2O' TEMPORARY EASEMENT —4- O ACQUIRED O.3O3 Ac.f rill m :, f 1 4 ��, t � �L� sw,•l�a ' ;r do'- f / } 530-12N-R64W r' , . , ,may , '•.: ' ,, + ;• 4 51/2 NE1/4 SE 1/4 JAMES & DONALD S25-T2N-R65W BELL 9 I SE COR S25-T2N-R65W ,At, WELD COUNTY DEPARTMENT' PHOTO EXHIBIT ` .4. OF PUBLIC WORKS O two. ►4 . WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 IANELLI WCR 49 ICING SURvha•URS PROJECT NO: SRP-26 SCALE: 1 "=100' ,,-,ii I t ,.rrdcn Uric I \C'urd<oc.(:olon&i$1554) WELD COUNTY. COLORADO phonc: "6i,,,l I "nth mfo@Kir4 un'cw•urs.cum DATE: 2-17-15 DRAWN BY: CD1. N 4195343 Pages : 6 of 10 04/ 14/2016 11 : 49 AM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County : CO ■III locinNn' 11I1 'iP i NI hi !r1'14'reI FLY N : i j II iiiyIii II 111 EXHIBIT-A 4—IANELLI—ROW PROPERTY DESCRIPTION A parcel of land, being part of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SEI/4) of said Section 25, being monumentalized by a f6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 1997" at the South end and by a i/6 rebar with a 2" diameter aluminum cap stamped 'LS25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 1978.83 feet to the Southeast comer of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25; THENCE South 89'04'41" West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25 a distance of 40.00 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; THENCE continuing South 89'04'41" West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25 a distance of 60.69 feet; THENCE North 00'58'48" West a distance of 659.76 feet to the North line of the Southeast Quarter (SE1/4) of said Section 25; THENCE North 89'09'49" East along the North line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 60.00 feet to said West Right—of—Way Tine of Weld County Road No. 49; THENCE South 01'02'22" East along said West Right—of—Way line of Weld County Road No. 49 a distance of 659.67 feet to the POINT OF BEGINNING. Said parcel of land contains 39,809 eq. ft. or 0.914 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER Wi1H EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25. Said existing Right—of—way contains 26,386 sq. ft. or 0.606 acre, more or less (d:), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. t , • C 1%1 lA, it • is A / I 3:10. y : / / • a; 17 .I•rJ�e ttf,S,`N`1 ....•• , Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY ACQUISITION &ale%o. OF PUBLIC WORKS CZID � � • WCR 49 CORRIDOR PROJECT IANELLI BETWEEN I-76&WCR 18 WCR 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' WELD COUNTY,COLORADO 650E Garden Drive I Windsor,Colorado 80550 Phonc(my6u6.sou I cola&info@Kin urrcoacoo, DATE: 2-17-15 DRAWN BY: CDL SHEET: 1 oft 0- 4195343 Pages: 7 of 10 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ��P A'YMILhVVPI7h"A I,VAIIJNti KU lid BIM M EXHIBIT-A E 1/4 525-T2N-R65W FND #6 RB WI 2" AC STAMPED LS 25937 1998 I • _ JOSEPH & SHIRLEY _ IN MON. BOX L3 IANELLI x SqiN 40' EXISTING RIGHT OF WAY 4 vii PARC.#130725000014 BOOK 1053 PAGE 113 i \'Ill iA,L1 &RECP.#2027279 . % cj s I R I EY �i ORAYBB 1, 40' EXISTING RIGHT—OF—WAY ��/. I N1/2 N E R-1. SE I,I cr BOOK 1053 PAGE 132 ; %x ^ JG2. I2 R6...W El nto e 0 I c., ¢ I Nona. Non to According to Colorado law you must commence any legal action based 38. % 0 upon any defect in this survey within three years after you first 3 t eu% I discover such defect In no event may any action based upon any x ? z_.N% N I defect In this survey be commenced more than ten years from the * -3 Nj to I date of the certification shown hereon. (13-80-105 C.R.S. 2012) aD m ° V) j v NOTE This exhibit drawing is not Intended to be a monumentalized 0 - a o✓ land survey. It's sole purpose is as a graphic representation to aid in O _ N5 gt I the visualization of the written property description which it z f// ap I accompanies. The written property description supersedes the exhibit J r•t drawing. -. •- 1/f/j O f�� NI�: 4. 7,- 3 VAIN R. MARY ADDITIONAL RIGHT—OF—WAY ACQUIRED . w l GRANGER / N 39,809s1.t OR 0.914ac.f a P ' ; Z I POINT OF E r BEGINNING . . — U L1 1 5W 1/4 51/2 NE1/4 SE 1/4 I • I S30-T2N R64W 525-T7N-RG5W JAMES / . DONALD I i 4o0 , POINT OF COMMENCEMENTLINE TABLE SE COR 525-T2N-R65WFND #6RBW/ 2" ACLINE BEARING LENGTH STAMPED LS 25937 1998IN MON. BOX L1 S89'04'41"W 40.00' L2 589'04'41"W 60.69' L3 N89'09'49"E 60.00' WELD COUNTY DEPARTMENT RIGHT OF WAY ��.... OF PUBLIC WORKS ACQUISITION ,' �� laD 1„NWCR 49 CORRIDOR PROJECT BETWEEN I-76&WCR 18 IANELLI NCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' WELD COUNTY,COLORADO 650 E G„arnoa,: i «�ma>e.,c"maav 50550Pim"'en°16s6-Soli I .m'ainr�gSuntu".ro", DATE: 2-17-15 DRAWN BY: CDL SHEET: 2 oft 4195343 Pages: 8 of 10 I 04/14/2016 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 101 risMIPIIAlli gthiliMellli&RR tiril? 'ii Bill • EXHIBIT-B 4—IANEI I I—TCF PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentallzed by a #6 rebar with a 2" diameter aluminum cap stamped 't.525937, 1997" at the South end and by a /I5 rebar with a 2" diameter aluminum cap stamped 't-525937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the East line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 1978.83 feet to the Southeast corner of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25; THENCE South 89'04'41" West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of sold Section 25 a distance of 100.69 feet to the POINT OF BEGINNING; THENCE continuing South 89'04'41" West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25 a distance of 20.00 feet; THENCE North 00'58'48" West a distance of 659.79 feet to the North line of the Southeast Quarter (SE1/4) of said Section 25; THENCE North 89'09'49" East along the North line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 20.00 feet; THENCE South 00'58'48" East a distance of 659.76 feet to the POINT OF BEGINNING. Said strip of land contains 13,195 sq. ft. or 0.303 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. 38106 y g � iiiO .1�1 i 4195343 Pages: 9 of 10 • F ♦Zo�T 7 .S..# 04/14/201s Carly Koppes,3 Cie k and Recorder,API R0Weld County, Co 1,1, • .....^5�Q. •MIWIWIN«ATINaVFLArrhi'' 1yi, II III Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106. TEMPORARY EASEMENT .A. WELD COUNTY DEPARTMENT ACQUISITION (,4a !Jo OF PUBLIC WORKS �' ` WCR 49 CORRIDOR PROJECT IANELLI BETWEEN I-76&WCR 18 WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Gard, Drive I Windsor,Colorado 80550 Ewe,:(970)6005011 I ,m,ainfCR:„f„"eyon.corn DATE: 2-17-15 DRAWN BY: CDL SHEET: I oft • EXHIBIT-B E 1/4 S25-T2N-R65W FND #6 RB W/ 2" AC STAMPED LS 25937 1OX I • MON. BO X BOX L3 vl� - .JOSEPH&SHIRL.FY - . . - . . - . . I IANELLI PARC.#130725000014 RECP.#2027279 40' EXISTING RIGHT OF WAYI BOOK 1053 PAGE 113 I RECEPTION No. 831381 WILLIAM\N'1 & kb 5HIRL'-:Y I I QR.AYB1LL 40' EXISTING RIGHT-OF-WAY • I I <J_/2 i E1/4 SE 1/4 BOOK 1N3 o 132 a RECEPTION No. 8 8314773 S25-1-2 } 31 •z i N0i1CF n ;'.i 6 O I I W3 I According to Colorado law you must commence any legal action based O !' CD 1 • 0 upon any defect in this survey within three years after you first 0 I discover such defect. In no event may any action based upon any W I .N I defect in this survey be commenced more than ten yearn from the 3 ; u0 1 data of the certification shown hereon. (13-60-105 C.R.S. 2012) e to z NOTE This exhibit drawing is not intended to be a monumentalized et o E 1 land survey. it's sole purpose la are a graphic representation to aid In in 0 0 d. I the visualization of the written property description which It 0 in 0 1 •Di I accompanies. The written property description supersedes the exhibit 0 I I in N drawing. Z JOHN & MARY . 4 I 20' TEMPORARY EASEMENT ACQUIRED I •N I GRANGER 13,195sf.± OR 0.303ac.* NIQ I i ,z I POINT OF BEGINNING 5112 NE1/4 SE 1/4 I I SW 1/4 525-T2N-R65W. JAMES & DONALD I • I SS0-T7N-R64W POINT OF COMMENCEMENT co n LINE TABLE SE COR S25-72N-R65W 03 FND #6 RB WI 2" AC rn LINE BEARING LENGTH STAMPED LS 25937 1998 IN MON. BOX L1 589'04'41"W 100.69' L2 S89'04'41"W 20.00' L3 N89'09'49"E 20.00' .A� WELD COUNTY DEPARTMENT TEMPORARY EASEMENT ACQUISITION 0r;0 OF PUBLIC WORKS I e-a ► it WCR 49 CORRIDOR PROJECT BETWEEN I-76&WCR 18 IANELLI WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 650 a Carden Drum I Windsor,Ca „d„R0550 WELD COUNTY,COLORADO phone'(970)6x6-sou I anmi:"r"©tin85oe.e.on.ron, DATE: 2-17-IS DRAWN BY: CDL SHEET: 2 of 2 41 543 Pa :04/81432016 11:499 AMes R 10 Fee:$0 Carly Kappes, Clerk and Recorder, Weld County, CO OM�4rJt��ligi erIVIENt'if+ tALIONCIii, BI II I • 1$bl� MEMORANDUM •....--''� I ) cj TO: Clerk to the Board DATE: 5/13/2016 v3- GOtiNT_Y FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-1264 RECEIVED WCR 49 Project Warranty Deed with Joseph G. and Shirley Jean Ianelli. MAY 6 2015 COMMISSIONERS M\Francie\AGENDA memosWgenda-WarrantyDeed.doc JOIA D\fej\CI . &: Pix) c ) 5-a�-1 LP P?o&-ia&y � _ q, iC, F4Do7.3 WARRANTY DEED THIS DEED made this .,. / day of Ace/Y, 2024 between Joseph G. lanelli and Shirley Jean Ianelli, P.O. Box 102 , Fort Lupton, CO 80621 , of the County of Weld, State of Colorado, 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, Grantees: 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: 7451 Weld County Road 49, Hudson, Colorado. 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. 4206365 Pages : 1 of 5 05/25/2016 11 : 36 AM R Frder 00 D Fee . 0 . 00 / - � Carly Koppel Clerk and Recorder , Weld County , CO / /_ / lilt ��.rti�� ' OM 4t K�r�ki4 Ih�i �',�i�� 11111 e IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 97114f 9�/t /G. Ianelli, Owner Shirley Jean i; Owner State of C&€ U ) )ss. County of Aa aim ) The foregoing instrument was acknowledged before me this ,Z,LU day of fZ4'-( k 20 I V , by Joseph G. Ianelli and Shirley Jean Ianelli, Owners. Witness my hand and official seal. N t 1 . My commission expires: 611171 % 10 April Slate Notary Public State of Colorado Notary ID 19994022164 My Commission Expires 9/18/2019 4206365 Pages : 2 of 5 05/25/2016 11 : 36 AM R Fee : $0 . 00 D Fee : $0 . 00 Carly Koppes Clerk and Recorder ; Weld County . CO ■III W!!el r2E','h4 IM VAICAM V i 'iPiMEYI 11111 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 o2t5" day of , 2016. ATTEST: diafte0 Jeit-4' 11L 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 BY . �/ I.� I .��,•,i�y� BY. IfiLitcH-1 - eputy 1 - to the : oard ; it; ' '=� , Mike Freeman, Chair 1861 r BOARD OF COUNTY MAY 2 3 2016 �•. �% ' �'"') COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 02� � day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD. Witness my hand and official seal . Notary Pub c CHERYL LYNN HOFFMAN My commission expires: / 20/c2Q/f NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4206365 Pages : 3 of 5 05/25/2016 11 : 36 AM R Fee : $0 . 00 D Fee : $0 . 00 Carly Koppes Clerk and Recorder . Weld County . CO VIII r1lirdir,i:Iii 'Irig' `if'J Jdif.'hill I: 1 NT' ill?), II III c2-0/ /O210 V . EXHIBIT-A 4-IANELLI-ROW PROPERTY DESCRIPTION A parcel of land, being part of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1 /4) of Section Twenty—five (25), Township Two North (T.2N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 25 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 25, being monumentalized by o #6 rebor with a 2" diameter aluminum cap stomped `LS25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped '1_S25937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, o distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01 '02'22" West along the East line of the Southeast Quarter (SE1 /4) of said Section 25 a distance of 1978.83 feet to the Southeast corner of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25; THENCE South 89'04'41 " West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (141/2 NE1/4 SE1/4) of said Section 25 a distance of 40.00 feet to the West Right—of—Way line of Weld County Road No. 49, said West Right—of—Way Tine of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Southeast Quarter (SE1/4) of said Section 25, said point being the POINT OF BEGINNING; THENCE continuing South 89'04'41 " West along the South line of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1 /4 SE1/4) of said Section 25 a distance of 60.69 feet; THENCE North 00'58'48" West a distance of 659.76 feet to the North line of the Southeast Quarter (SE1 /4) of said Section 25; THENCE North 89'09'49" East along the North line of the Southeast Quarter (SE1/4) of said Section 25 a distance of 60.00 feet to said West Right—of—Way line of Weld County Road No. 49; THENCE South 01'02'22" East along said West Right—of—Way line of Weld County Road No. 49 a distance of 659.67 feet to the POINT OF BEGINNING. Said parcel of land contains 39,809 sq. ft. or 0.914 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on sold described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the North Half of the Northeast Quarter of the Southeast Quarter (N1/2 NE1/4 SE1/4) of said Section 25. Said existing Right—of—way contains 26,386 sq. ft. or 0.606 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. � 3 . 3810 : >- • • i N � � O Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 44100 OF PUBLIC WORKS a' \� ► WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 IANELI,I "1'R 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: 1 "=150' 650 E.Garden Drive I Windsor. Colorado ROSS() WELD COUNTY, COLORADO rpnnr: (mm) 6x6-soil I rmadinfneKingSun•evorscom DATE: 2-17-15 DRAWN BY: CDL SHEET: 1 of 2 4206365 Pages : 4 of 5 05/25/2016 11 : 36 AM R Fee : $0 . 00 D Fee : $0 . 00 Carly Koppes . Clerk and Recorder , Weld County , CO F'r11 4141:1+ ' N ' kJ, BIM EXHIBIT -A E 1 /4 S25-T2N-R65W FND #6 RB W/ 2" AC STAMPED LS 25937 1998 IN MON. BOX L3 JOSEPH & SHIRLEY IANELLI 40' EXISTING RIGHT OF WAY �� I ARC .# 130725000014 BOOK 1053 PAGE 113 RECP .#2027279 40' EXISTING RIGHT—OF—WAY BOOK 1053 PAGE 132 in ei z Q rn NoncE n In co co � I According to Colorado low you must commence any legal action based 0 upon any defect in this survey within three years after you first - I discover such defect. In no event may any action based upon any op N defect in this survey be commenced more than ten years from the N < N < L date of the certification shown hereon. (13-80-105 C.R.S. 2012) 00 p m NOTE: This exhibit drawing is not intended to be a monumentalized 0 0 -o land survey. It's sole purpose is as a graphic representation to aid in z I the visualization of the written property description which it co accompanies. The written property description supersedes the exhibit to l drawing. N 3 i ADDITIONAL RIGHT—OF—WAY ACQUIRED N I 39,809sf.± OR 0.914ac.± cN 0 - Z I POINT OF BEGINNING . L2 L1 POINT OF COMMENCEMENT -0143 LINE TABLE SE COR 525—T2N—R65W ad FND #6RBW/ 2" AC CD LINE BEARING LENGTH STAMPED LS 25937 1998 IN MON. BOX / L1 S89'04'41 "W 40.00' L2 S89'04'41 "W 60.69' L3 N89'09'49"E 60.00' RIGHT OF WAY .A�_� WELD COUNTY DEPARTMENT ACQUISITION 4 -I,so OF PUBLIC WORKS CD `,r ► WCR 49 CORRIDOR PROJECT BETWEEN I-76 & WCR 18 IANELLI PROJECT NO: SRP-26 SCALE: 1 "=150' WCR 49 KING SURVEYORS 650 E. G8"kn Dove I Windsor,Colorado 80550 WELD COUNTY, COLORADO phone: (970) 686.5011 I email: in( n.KingSurvr ors.con' DATE: 2-17-15 DRAWN BY: CDL SHEET: 2 of 2 4206365 Pages : 5 of 5 05/25/2016 11 : 36 AM R Fee : $0 . 00 D Fee : $0 . 00 Carly Koppes Clerk and Recorder Weld County . CO Orli: k'ii I hit(' I 'WI Ill Ill Hello