HomeMy WebLinkAbout20151887.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -VINCENT 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, Permanent Easement and Temporary Construction Easement for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
Count on behalf of the Department of
through the Board of County Commissioners of Weld y, p
49, La Salle, Colorado 80645, with
Vincent Banowetz, 22434 Count
Public Works, andCounty Road
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,
Permanent Easement and Temporary Construction Easement 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
Vincent 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.
2015-1887
U,..7k) EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49-VINCENT BANOWETZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST:deot :ti -
arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY: •
.•
- , ty Clerk to the :oard
Sean P. Con .y C 12
Easz
_ A,PfipED
. Cozad
County torney
f ? ?eve Moreno
Date of signature: 7/2 %
2015-1887
EG0072
MEMORANDUM
r h44.,
°Ma I74TO : Clerk to the Board DATE : June 25 , 2015
ICJ CdLNTY
� l-
FROM : Tiffane Johnson, Public Works Department
SUBJECT : Agenda Item
RE : WCR 49, Parcel #23
Agreement for the Purchase of Public Road Right-of-Way Permanent Easement and Temporary
Construction Easement with Vincent Banowetz.
RECEIVED
JUN 1 5 285
NTY
cOMMISSIONERS� �
2015- 1887
M:\Leon\WCR 49 corridor\CR 46-48\Banowetz\Agenda Memo.doc
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN VINCENT BANOWETZ AND
WELD COUNTY, COLORADO
11
THIS AGREEMENT is made thispc9T day of .fGflll6 , 2015, by and between
VINCENT BANOWETZ, whose address is 22434 County Road 49, La Salle, CO 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"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"), 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 Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, 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 Seven
Thousand Nine Hundred Eighty Dollars, ($7,980.00). The parties acknowledge
4121235 Pages: 1 of 14
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RECORDER'S MEMORANDUM 7
07/02/2015 01:43 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO THIS DOCUMENT WAS F0UNV
�Iil mr11:rviii'i Diroon iromeiiilisals i;rllyh Rim I SCANNING INADEQUATE
FOR
Page 2 of 5
and agree that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of Nine Hundred Ninety Eight Dollars, ($998.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Five Hundred
Ninety Nine Dollars, ($599.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before May 26,
2015 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,
Permanent Easement 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 the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
MO easements.
9. The Temporary Construction Easement shall commence on the day of closing and
o - shall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the Project, whichever is earlier.
O Ng.''
i
m 10. Owner shall not, during the term of the Temporary Construction Easement, erect
G,3 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
O WLS
LL 0 - enjoyment of the rights hereunder; the Temporary Construction Easement
N cr includes all rights and privileges as are necessary or incidental to County's
• rreasonable and proper use of said easement.
11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
1O'Ma- Permanent Easement and the Temporary Construction Easement, and shall also
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retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement 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 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, Permanent Easement 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, Permanent
Easements 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 Twelve Thousand Four Hundred Fifty One Dollars ($12,451.00)
_ to the Owner for the Public Road Right-of-Way, the Permanent Easement, and the
Temporary Construction Easement by County warrant(s) at the date of closing if
agreement is signed and returned on or before May 26, 2015. If the agreement is
not signed and returned on or before May 26, 2015, the County shall maintain its
o y current offer of Fair Market Value of Nine Thousand Five Hundred Seventy
Seven Dollars ($9,577.00) for the Public Road Right-of-Way, the Permanent
3--. Easement, and the Temporary Construction Easement by County warrant(s) at the
"-
"" date of closing.
m�
4. County, as a condition of the granting of Temporary Construction Easement
" v°- covenants and agrees to restore the property described in Exhibit "C" to a level
0
1�' P P Y
M i comparable to its original condition.
�a s 5. Prior to construction commencing on the Project and right of way described
w'� herein, the County shall construct a temporary fence line along the outside
.+U r
boundary of the temporary construction easement / permanent easement. At the
in 6')a conclusion of construction, the County will install a new permanent right of way
�N a fence along the boundary of the new right of way being acquired hereunder. The
Z:\WELDCNTY\C40#18\BANOWETZ,VINCENT\REV Compromise Agreement-Warranty Deed-5-11-15.docx
Page 4 of 5
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, Permanent
Easement 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
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.
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Carly Koppes, Clerk and Recorder, Weld County, Co
III
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Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: VINCENT BANOWETZ
sofreAr.-mos4fred9Date: i1,7 P
/ — a o -I
incent Banowetz
ATTEST: C/.41%t+w'V 4 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, C LORADO
1 . /
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BY: • I �.._ • l��� ii ��� �• I Zci,IL .i,Li 1v-4 ,,r
D y Clerk to the : e and ���� r � ,! . a Kirkmey r, Chair
I56 (t/ary q: IAN 2 S 2U1't5
_
APPROVED AS TO FUNDIN I O 4 'ROVED AS T BSTANCE:
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.409: 61m10 ..,,;.i.-:.-,.-:.1.:::
Controller Elec O 9 1 or Dep rtment Head
APPRO AS TO F• ' �/A
Director of General Services
County • ,ray
4121235 Pages: 5 of 14
07/02/2015 01:43 PM R Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County, CO
•III kir r!'aia'i'I % hitelih k?.Ri lOil'ii i M KIR 1111
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02%5.-- /117
PHOTO
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PHOTO EXHIBIT S181 / e
WELD COUNTY DEPARTMENT
� OF PUBLIC WORKS
OF ACQUISITION RW- 23 \'flq r. r .'::: WCR 49 CORRIDOR PROJECT
' BETWEEN WCR 46 & WCR 48
BANOWETZ ` a
AZ /rn A (1 I _ , 1 N T Y PROJECT NO : SRP-26 SCALE : 1 "= 100
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4121235 Pages : 6 of 14 DATE : 5 -4- 15 BY : JHB SHEET : 1 of 1
07 / 02 / 2015 01 : 43 PM R Fee : $0 . 00 .
Carly Koppes , Clerk and Recorder , Weld County , CO
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EXHIBIT-A PHS-1/MILE-5
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�rL- ' ' LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
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I ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
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RIGHT OF WAY ° ' 1861 1
ACQUISITION !� OF PUBLIC WORKS
RW 23 / WCR 49 CORRIDOR PROJECT
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BETWEEN WCR 46&WCR 48
BANOWETZ PROJECT NO: SRP-26 SCALE: 1"=100
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WCR 49 r�,�G O -N-
WELD COUNTY.COLORADO
DATE: 5-4-15 BY: JHB SHEET: 2 oft
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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-A OF RECORDED EXEMPTION NO. 1053-07-3-RE3938 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3267512 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 36,810.08 sf. OR 0.84 ac. MORE OR LESS.
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
4121235 Pages: 8 of 14
07/02/2015
2O1:43 Pal R Fee:
Carly Koppes, Clerk d Recorrde$0W0 d County, CO
■III!!!��C'�ti�lr; tihl���;�1114+f���tEl'� 0�i Y, 11111
RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
RW 23 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
BANOWETZ
PROJECT N0: SRP-26 SCALE:
WCR 49 N
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 1 of2
EXHIBIT-B PHS-1/MILE-5
PERMANENT EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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-A OF RECORDED EXEMPTION NO. 1053-07-3-RE3938 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3267512 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 9,203.35 sf. OR 0.21 ac. MORE OR LESS.
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
4121235 Pages: 9 of 14
07/02/2015 01:43 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
■III RIF I!J I N4 114 Bill
PERMANENT EASEMENT �86�1 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
PE 23 WCR 49 CORRIDOR PROJECT 1/1 r
BETWEEN WCR 46&WCR 48
BANOWETZ
WCR 49
i T PROJECT N0: SRP-26 SCALE:
COUNT
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 1 oft
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PERMANENT EASEMENT 1861 �r' WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
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BANOWETZ �IliA�
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WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 2 of 2
EXHIBIT-C PHS-1/MILE-5
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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-A OF RECORDED EXEMPTION NO. 1053-07-3-RE3938 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3267512 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 100.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 9,203.35 sf. OR 0.21 ac. MORE OR LESS.
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
4121235 Pages: 11 of 14
07/02/2015 01:43 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County; CO
10, iI II
TEMPORARY EASEMENT 1861 WELD COUNTY DEPARTMENT
ACQUISITION OF PUBLIC WORKS
TE 23 �. WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
BANOWETZ
ETZ ��/
WCR 49 V 1O O N Y PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 1 oft
EXHIBIT-C PHS-1/MILE-5
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�mv� I ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT �' WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION TE-23
I
oll•MINC5) WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
BANOWETZ ��
WCR 49 V T Y PROJECT NO: SRP-26 SCALE: 1"=100
GOU�
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 2 of 2
EXHIBIT D
PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF the sum of Ten and More ($10.00+) DOLLARS for the
pipeline and two pig launching stations to be constructed under the terms hereof, to be paid after
a survey establishing the route of the line has been completed, and before construction is
commenced, I/WE,
Vincent Banowetz
22434 County Road 49
La Salle, CO 80645
hereinafter referred to as "Grantor" does hereby grant, sell, convey, and warrant to DCP
Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee", the right,
privilege and exclusive easement within the property described in Exhibit B attached hereto for
the purpose and from time to time, of operating, inspecting, maintaining, protecting, repairing,
replacing, change the size and removing a pipeline or pipelines, the launching stations, or other
appurtenances, for the transportation of oil, gas, petroleum products, water, and any products and
derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing,
upon and along a route through the following described land located in WELD County, State of
COLORADO, to wit:
Township 4 North, Range 64 West of the 6th P.M.
Section 7: SW 1/4
Said permanent exclusive easement being more particularly described on Exhibit "B"
attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline or lines, and
appurtenances, on, over, and across said land and adjacent land of Grantor.
• Grantee shall have the right to construct, install, operate, maintain, inspect, repair, replace,
change, and/or remove either or both of the pig launching stations, pipeline(s) and appurtenances
-0 with an by-passes, cross-overs, scraper traps or other materials, apparatus, and equipment used in
connection therewith or incident thereto, inclusive of the right, if Grantee so desires, to build
such fences and structures as may be necessary to enclose the same, or any part thereof, on the
57 described land.
• mv
• m 3 - It is agreed that the pipeline or lines associated with the pig launching stations which will be laid
`~o"'v! under this grant shall be constructed a minimum depth of forty-eight (48) inches below the
ate_
ro LL surface of the ground to permit normal cultivation at the time of construction, and Grantor shall
��- have the right to fully use and enjoy the above described premises subject to the rights herein
2 nit
s granted.
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d'�wsi
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its
original condition and reseed the same as soon as possible. Grantee shall have the right to clear
MNY ti all trees, undergrowth and other obstructions from the herein granted permanent right-of-way,
.-.m raE and Grantor agrees not to build, construct or create any buildings, structures or engineering
Zei =
m • works on the herein granted right-of-way that will interfere with the normal operation and
maintenance of said line or lines.
Page 2 of 2
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all
damages to crops, timber, fences, drain tile, or other improvements on said premises that may
arise after the initial construction of the pig launching stations and pipelines from the exercise of
the rights herein granted; provided, however, that after the pipeline or lines has been constructed
hereunder, Grantee shall not be liable for damages caused on the easement by keeping said
easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any
payment due hereunder may be made direct to the said Grantor or any one of them.
It is further agreed that the said Grantee, its successors or assigns, may at any time lay an
additional pipeline along side of the said first line within the permanent 20 foot easement
utilizing said temporary construction easement as necessary for the installation of said additional
line.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its
successors and assigns, as long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this $ day of
M 2015, signed, sealed, and delivered in the presence of:
GRANTOR: VINCENT BANOWETZ
vj,,:e"-yd ikevdoe~"-4)
Vincent Banowetz
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this la? day of M. I ,
2015, by Vincent Banowetz, Grantor.
Witness my hand and official seal.
1
Notar Publi
My commission expires:
AMY FISHER
Notarial Seal- Iowa
4121235 Pages: 14 of 14 Commission Number 731359
07/02/2015 01:43 PM R Fee:$0.00$0.00 My Commission Expires Nov 2,2016
Carly Koppes, Clerk and Recorder, Weld County, CO
■III 1���11'„� Ihu�'��:��� �tiRPLA?��I�M,����t�� 4�� ��� tl III
Z:\WELDCNTY\C40#18\BANOWETZ,VINCENT\ROW Grant to DCP.docx
1861 MEMORANDUM
j� TO: Clerk to the Board DATE: November 6, 2015
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Doc #2015-1491
Warranty Deed with Vincent Banowetz
RECEIVED
NOV 0 9 2015
WELD COUNTY
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-2.doc
CC 0-i M El eshe.r)
CVACUL, ,01() (1--S / /re )
//-- /10 - / 1/- / , /•D- 610E l8 7
12- - L._ l 5- CG oo m
A . `w,-
WARRANTY DEED
THIS DEED made this /6-11/
day ofitif-Ai4zi<-&„ 20/O, between Vincent
Banowetz, 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 22252 WCR 49, LaSalle, Weld County, Colorado also known as 22434
WCR 49, LaSalle, Weld County, 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
m grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
g ie and agree to and with the grantees, their heirs and assigns, that at the time of the
t ensealing and delivery of these presents, he is well seized of the premises above
ono 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
m 3 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,
c
,� 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.
watt,:a
�rt'im
d.^may
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,
rNY$ against all and every person or persons lawfully claiming the whole or any part thereof.
too, The singular number shall include the plural, the plural the singular, and the use of any
m:1M gender shall be applicable to all genders.
4159130 Pages: 1 of 5
0.00 D Fee:$0.00
11/18/2015 03:16 PM R Fee:$0.00 O45—` /111
Carly Koppes, Clerk and Recorder, Weld County, CO
■11114!�1R�+�tt��4r��'«�h����Il�r�+��KL���Y�iM;�r`�li��h "Ill
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I M
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
VINCENT BANOWETZ, Owne
State of CL CVCOC )
)ss.
County of \\,le,\c\ )
The foregoing instrument was acknowledged before me this ;` day of J ,
20 19, by Vincent Banowetz, Owner.
TIFFANE V.JOHNSON Witness my hand and official seal.
NOTARY riuQUC
STATE OF COLORADO
NOTARY ID 20154009110
MY COMMISSION EXPIRES MARCH 4,21119 tt_
Notary Public
My commission expires: 5H\
\C
4159130 Pages: 2 of 5 4286727 Pages: 2 of 5
11/18/2015 03:16 PM R Fee:$0.00 D Fee:
Carly Koppes, Clerk and Recorder, Weld County, 03/20/2017 01:17 PM R Fee:$0.00 D Fee:$0.00
,II��I�'�R���,■ I■I �I ���I����� ,IIII Carly Koppes, Clerk and Recorder, Weld County, CO
7I VIII 1&M, IV I1190 Kill II
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 /611- day of �%' , 2015.
ATTEST: W" JCL'gA 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
B • L BY:
De ty C erk to the Board arbara Kir eyer, Cha r
BOARD OF COUNTY NV16 2015
�`y ®`� COMMISSIONER
oet OF THE COUNTY OF WELD
taPS4:21111
v /
STATE OF COLORADO ) '"'�• .w„ ?�
)ss
moz COUNTY OF WELD )
GU_
V! _
o§ The foregoi g instrument was acknowledged before me this / day of
m®'�� , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
•3 COMMISSIONERS OF THE COUNTY OF WELD.
oLLo-
U~
'Lmz=m Wi s my hand and official seal.
vEW
o, CHERYL LYNN HOFFMAN
e r NOTARY PUBLIC
a STATE OF COLORADO Notary Pub
NOTARY ID 201440 48044 Y
MY COMMISSION EXPIRES DEC. 19, 2018
rN 0 -� My commission expires:
10N
4159130 Pages: 3 of 5
11/18/2015 03:16 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County, CO+ O20/5,/1(7
■III KIM I worm.��4��'�rPh. IM. �1"t'**Am�m
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE SOUTHWEST 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-A OF RECORDED EXEMPTION NO. 1053-07-3-RE3938 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3267512 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-A.
SAID PARCEL CONTAINS 36,810.08 sf. OR 0.84 ac. MORE OR LESS.
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 S WELD COUNTY DEPARTMENT
"a 181 OF PUBLIC WORKS
ACQUISITION RW-23
WCR 49 CORRIDOR PROJECT
Immo
BETWEEN WCR 46&WCR 48
BANOWETZ 1.....44N
N T Y PROJECT NO: SRP-26 SCALE:
WCR 49
GOu
WELD COUNTY,COLORADO 1 DATE: 5-4-15 BY: JHB SHEET: 1 of 2
4286727 Pages: 4 of 5
03/20/2017 01:17 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Pj lielik?M 'Iiii'vM''iL4 415W1 I.9 111111
EXHIBIT-A PHS-1/MILE-5
W 1/4 COR
S7—T4N—R64W
I I
40' _4o''S5 1 • • WCR 49 EXISTING r"
40' RIGHT—OF—WAY• BK.1046/PG.13
RECP.#819293
I I 6-7-1939
I I I
N88'40'44"E
80.00' E
., u =spa
I
-01
(V)
tp
N
•
i I'r, VINCENT BANOWETZ
PARC.#105307300038
105307300038
ii,,0ll'ISON 21 W RECP.#3295905
LOT A/RE-3938
• M r RECP.#3267512
0 0
�I 1 Z N
CO ADDITIONAL 80' RIGHT—OF—WAY
ACQUIRED 36,810.08 sf.± OR 0.84 ac.±
I I
I
I I F
I
t_S88.40'45,,W
f-'�='
80.00'
SW COR . O
I S7-T4N-R64W
I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY '� 1 d WELD COUNTY DEPARTMENT
861 OF PUBLIC WORKS
ACQUISITION (,01-2D 1! WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
BANOWETZ
`�f PROJECT NO: SRP-26 SCALE: 1"=100
WCR 49 v - COUNT Y
WELD COUNTY,COLORADO DATE: 5-4-15 BY: JHB SHEET: 2 of 2
4286727 Pages: 5 of 5
03/20/2017 01:17 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 1 rd 11 'alit ICKI IIIi4'if inlin k 'Allik 11111
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