HomeMy WebLinkAbout20153414.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 - BILLY AND DONNA
HONEBEIN
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
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Billy and Donna Honebein, 22438 County Road 49, LaSalle, Colorado 80645,
with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way,
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 Billy
and Gale Honebein, be, and hereby is, approved.
RESOLVED by the Board that the Chair be, and hereby is, authorized
BE IT FURTHER
to sign any necessary documents.
2015-3414
CC/K3 0-5/0
I1/1Z EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49- BILLY AND DONNA HONEBEIN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO RADO
ATTEST: , , ,�,,/
Jeig4O;ti rbara Kirkmeyer Chair
Weld County Clerk to the Board �� t ( -�
r�LQ�-•
Mike Freeman, Pro-Tem
BY: 4\0_,Q0.___ . ] --_---
Dety Clerk to the Bo rd I`• � �- - t ,
ANkean P. Cones
‘4& (// }
APPROVED AS TO FORM: ;:` �� jam C/l
861 (~ �j �� .: EatA. Cozad
42:re
•
County Attorney v ,.� !
`:eve Moreno
%„„,_
Date of signature: '
2015-3414
EG0072
181 MEMORANDUM
. TO: Clerk to the Board DATE: October 14, 2015
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: WCR 49 Project
Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporary
Construction Easement with Billy Gale and Donna Jean Honebein.
RECEIVED
OCT 152015
WELD COUNTY
COMMISSIONERS
M\Francie\AGENDA memos\Agenda-Leon-2.doc
2015-3414
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 BILLY GALE HONEBEIN AND DONNA JEAN HONEBEIN
AND WELD COUNTY, COLORADO
99 i1 THIS AGREEMENT is made this 0�� day of at i-,6-(A), 2015, by and between
BILLY GALE HONEBEIN AND DONNA JEAN HONEBEIN, whose address is 22438
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 One
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Carly Koppes. Clerk and Recorder, Weld County. CO
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Page 2 of 5
Thousand Five Hundred Sixty Six Dollars, ($1,566.00). The parties acknowledge
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 Five Hundred Dollars, ($500.00). 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 topurchase the Temporary
�' �' p Y
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 Three Hundred
Dollars, ($300.00). 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 28,
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
D free and clear of all liens and encumbrances, except existing easements.
Deed, e c e
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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
easements.
its 9. 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
--4 completion of the Project, whichever is earlier.
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10. Owner shall not, during the term of the Temporary Construction Easement, erect
3 rem or construct, or allow to be erected or constructed, any building or other structures
m-5!rip on the property described in Exhibit "C" which may interfere with County's full
•—im enjoyment of the rights hereunder; the Temporary Construction Easement
" includes all rights and privileges as are necessary or incidental to County's
O -
reasonable and proper use of said easement.
Names -
ce a,* 11. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
ro o "C Permanent Easement and the Temporary Construction Easement, and shall also
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Page 3 of 5
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 Three Thousand One Hundred Twenty Dollars ($3,120.00) 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 28, 2015. If the agreement is
not signed and returned on or before May 28, 2015, the County shall maintain its
current offer of Fair Market Value of Two Thousand Three Hundred Sixty Six
Dollars ($2,366.00) for the Public Road Right-of-Way, the Permanent Easement,
and the Temporary Construction Easement by County warrant(s) at the date of
closing.
M
4. County, as a condition of the granting of Temporary Construction Easement
mew covenants and agrees to restore the property described in Exhibit "C" to a level
m3 comparable to its original condition.
oLL o x ssi 5. Prior to construction commencing on the Project and right of way described
'"cep herein, the County shall construct a temporary fence line along the outside
Dir
boundary of the temporary construction easement / permanent easement. At the
p rY
G conclusion of construction, the County will install a new permanent right of way
a 0 m fence along the boundary of the new right of way being acquired hereunder. The
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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
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: BILLY GALE HONEBEIN AND DONNA JEAN HONEBEIN
&egy A-1 i- A., --411)-7(V c�
Billy Gale Honebein Donna Jean Honebein
Dater/ /g �0/S
ATTEST: Aida jelgo:ok. BOARD OF COUNTY COMMISSIONERS
Weld un y erk to the Board WE D COUNTY, CO ORADO
BY:
eputy erk to the B a arbara Kirkmeyer, Chair
.0 OCT 2 6 2015
R
APPROVED AS TO FU IN n� --�- , � PPROVED � TO S/ :STANCE:
1861
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Controller Thit Ele' e O facial or Department Head
APPROVED AS TO FORM: NI (A
Director of General Services
County Attorney
Z:\WELDCNTY\C40#18\HONEBEIN\REV Compromise Agreement-Warranty Deed-5-13-I5.docx
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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-B OF RECORDED EXEMPTION NO. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 25,228.36 sf. OR 0.58 cc. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO RECORDED EXEMPTION NO.'s 2460, 5105 & 3938 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
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Carly Koppes. Clerk and Recorder. Weld County. CO
Bill
RIGHT OF WAY WELD COUNTY DEPARTMENT
�S61 ' OF PUBLIC WORKS
ACQUISITION Cw_2^ WCR 49 CORRIDOR PROJECT
/ BETWEEN WCR 46&WCR 48
IIONEBEIN
IOW � - PROJECT NO: SRP-26 SCALE:
WCR49 OOU.NTY� <
WELD COUNTY.COLORADO
DATE: 5-7-15 BY: JHl3 SHEET: 1 of?
EXHIBIT-A PHS-1/MILE-5
E EASTON I I COI_.Rt }
_ R ' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
W 1/4 COR A MONUMENTED LAND SURVEY OR LAND SURVEY
S7-T4N-R64W I I PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
40' I _40'
• WCR 49 EXISTING
40' RIGHT-OF-WAY
BK.1046/PG.13
RECP.#819293 MILLER
I 6-7-1939 LOT A/RE-3938
S' I Sr"; 1/4
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I • ADDITIONAL 80' RIGHT-OF-WAY
i 4t•I I ACQUIRED 25,228.36 sf.± OR 0.58 ac.±
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it ec i R
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' tS564O44W MOORE
,�I 80.00, LOT A/RE-5105
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BANOWETZ
LOT A/RE-3938
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SW COR k :
S7-T4N-R64W 5
WELD COUNTY DEPARTMENT
RIGHT OF WAY `` 1861 OF PUBLIC WORKS
ACQUISITION RW 24
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46 & WCR 48
HONEBEIN >.
`��u ao Ivl�r_._ N T �, �/ PROJECT NO: SRP-26 SCALE: 1"=I00
4153574 Pages: 7 of 11 _ -��� DATE: 5-7-15 BY: JHII SHEET: 2 of2
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Carly Koppes Clerk and Recorder, Weld County CO
Mill RI r1Rlioihk«i'kl ilkirF'il S141'I1'',,iE:++akiiiii Ill III
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-B OF RECORDED EXEMPTION NO. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 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 6,306.89 sf. OR 0.14 cc. 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
dill kr1E',LNiMill'1VINVI14MNI TIVi i i, 11111
PERMANENT EASEMENT 1861 D WELD COUNTY DEPARTMENT
ACQUISITION OFtylk OF PUBLIC WORKS
PE z4WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
IIONEBEIN �r/WCR 4911 j YPROJECT NO: SRP-26 SCALE:
WELD COUNTY.COLORADO
DATE: 5-7-15 BY: JHB SHEET: 1 of2
EXHIBIT-B PHS-1/MILE-5
I W 1/4 COR
S7-T4N-R64W
I I
1 1
I 40' I 40' 1
I 1 4
• I WCR 49 EXISTING 57 T4N P.o4W
1 40' RIGHT—OF—WAY MILLER
1 I 1 BK.1046/PG.13
RECP.#8
6-7-1939
: Cr)
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N88'41'52"E
20.00' R
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PARC.#105307300052
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20' PERMANENT EASEMENT ACQUIRED
1 �I VI 6,306.89 sf.t OR 0.14 ac.±
I oi /I y
II tS88'40'44'W
1 I 20.00'
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1
MOORE
1
1 I
I I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY
' ' PLAT. IT IS INTENDED TO ILLUSTRATE THE
I ATTACHED PROPERTY DESCRIPTION ONLY.
R
SW COR ; ,
S7-T4N-R64W .
`��\ 1861 WELD COUNTY DEPARTMENT
PERMANENT EASEMENT OF PUBLIC WORKS
ACQUISITION Pe za VII
gf -,� WCR 49 CORRIDOR PROJECT
�; BETWEEN WCR 46& WCR 48
HONEBEIN
rn 1/ !_- PROJECT NO: SRP-26 SCALE: 1"=100
NTY
4153574 Pages: 9 of 11
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Carly Koppes. Clerk and Recorder, Weld County, CO
IIIII kr.A2RitMii Iiii:CLV lii L1hiliVINVI i i 111111
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-B OF RECORDED EXEMPTION NO. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 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 6,306.89 sf. OR 0.14 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
4153574 Pages: 10 of 11
10/28/2015 10:50 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County.. CO
■III FOAM rI:�{•I{i,��y���f� a�I'J iYi,��, III II
WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT ,"�; 1 C 861 OF PUBLIC WORKS
ACQUISITION
�UI`�ITION TE 24
TEWCR 49 CORRIDOR PROJECT
BETWEEN WCR 46 & WCR 48
NONEBEIN -/�
PROJECT NO: SRP-26 SCALE:
WCR 49 _C O U Yr
WILD COUNTY.COLORADO DATE: 5-7-15 BY: JH[3 SHEET: 1 of2
EXHIBIT-C PHS-1/MILE-5
I W 1/4 COR
S7-T4N-R64W
I I
i 40' I .40' : SW 1/4
Ii •-----1---WCR 49 EXISTING ;:97. 4L R64\A!
40' RIGHT-OF-WAY MILLER
I • BK.1046/PG.13
I I RECP.#819293
6-7-1939
: N88'41'52"E
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0
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I i I r PARC.#105307300052
o ro RECP.#2457741
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w RECP.#3784062
N aE -03 7 .F
I N: 1 Q 0
NI 0 , 0
I Z 20' TEMPORARY EASEMENT ACQUIRED
-. • /., 6,306.89 sf.± OR 0.14 ac.±
6
1 i 1
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, , S88'40'44"W
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I I I
rORE
tY)nt,zr-
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
I A MONUMENTED LAND SURVEY OR LAND SURVEY
: ' PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
E
SW COR , ,
S7-T4N-R64W I BAIN O\i''v B I Z
TEMPORARY EASEMENT '' WELD COUNTY DEPARTMENT
"''°> 186E1 OF PUBLIC WORKS
ACQUISITION TE 24 lil, 11
pENION WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
HONEBEIN
�������__--• ,v T �, PROJECT NO: SRP-26 SCALE: 1"=100
4153574 Pages: 11 of 11 - -It-
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Carly Koppes, Clerk and Recorder.. Weld County: CO
iIII kil.tilltlivii!V Ilit i'M I !YAM:i ll:Ai'IftLi III II
•
t431„...3.8.62,"00 MEMORANDUM
Ft, TO: Clerk to the Board DATE: 2/23/2016
COUNTY
FROM: Tiffane Johnson RECEIVED
Public Works Department
FEB 242016
SUBJECT: Consent Agenda Item
WELD COUNTY
COMMISSIONERS
RE: Doc #2015-3414
Warranty Deed with Billy Gale and Donna Jean Honebein for improvements to WCR 49 between
WCRs 46 &48.
M:\Francie\AGENDA memoskAgenda-WarrantyDeed.doc
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WARRANTY DEED
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THIS DEED made this (74—/ day of 201k, between Billy Gale
Honebein and Donna Jean Honebein, whose address is 2 8 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: 22438 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 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 31/4
111114 M'ILHICI1yt' 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.
Billy G e Honebein Donna Jean Honebein
STATE OF COLORADO )
ACKNOWLEDGEMENT
COUNTY OF Wel l d )
The foregoing instrument was acknowledged before me this DS day of
Ft'b/IA , 20 i(�, by Billy Gale Honebein and Donna Jean Honebein.
l
V. NSON Witness my hand and official seal.
STATE�2ppreTtODANE
NOTARY ERPIRE8 MARCH 4,2019 0
64-11
Nota`}r'ublic (i
My commission expires: 3/ L{ I ao 1 c1
4185184 Pages: 2 of 5
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� n lll Krell� Jlr+i�l , �t«I liailtali hiVabh "Ill 1
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 on day of , 2016.
ATTEST: d4"(1"" 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 �..�,.
s La
BY �!�. .� '� . .c ..t `-.; :=
1/42 • InA-44--TU-t----
ep ty Clerk to the Board Mike Freeman, Chair FEB 2 9 2016
BOARD OF COUNTY
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this �9 day of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE CO TY OF WELD.
Witness my hand and official seal.
Notary Publ.
My commission expires: /y �� CHERYL LYNN HOFFMAN
p / NOTARY PUBLIC
/ STATE OF COLORADO
NOTARY ID 201440.48044
MY COMMISSION EXPIRES UEC. 19, 2018
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Carly Koppes, Clerk and Recorder, Weld County, CO
•III PAM ADIEU 'nib BIM
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-B OF RECORDED EXEMPTION NO. 1053-07-3-RE5105 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3784062 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 80.00 FEET OF SAID LOT-B.
SAID PARCEL CONTAINS 25,228.36 sf. OR 0.58 cc. MORE OR LESS.
TOGETHER WITH EXISTING WELD COUNTY ROAD 49 RIGHT-OF-WAY WHICH LIES IMMEDIATELY ADJACENT
TO RECORDED EXEMPTION NO.'s 2460, 5105 & 3938 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
iii l���I�tr��4 4ffiCl 'Olt PAL?I /iWrh 1111
WELD COUNTY DEPARTMENT
RIGHT OF WAY OF PUBLIC WORKS
ACQUISITION42)
r6 / WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
HONEBEIN J
WCR 49 G N T Y
OB PROJECT NO: SRP-26 SCALE:
WELD COUNTY,COLORADO DATE: 5-7-15 BY: JHB SHEET: 1 of 2
EXHIBIT-A PHS-1/MILE-5
EASTON I I COLBURN R
' "' �! NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
W 1/4 COR :-/;/ A MONUMENTED LAND SURVEY OR LAND SURVEY
S7—T4N—R64W I a ''' I PLAT. IT IS INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION ONLY.
I�40' f
olOcA
WCR 49 EXISTING
40' RIGHT-OF--WAY
I/,,,-7 BK.1046/PG.13
,' ,°/ RECP.#819293 MILLER
6-7-1939 LOT A/RE-3938
SI) (//rj
SW 1/4
;;;;:;Ie Si-74Nf2644v
if I
r, .
N88'41'52"E
80.00' R
I
Sl2-T4N-R65W ,
In�," /I BILLY & DONNA HONEBEIN
at:,/,//,-,--11-Q PARC.#105307300052
I Ni." g M RECP.#2457741
W. / /16 0
, M M
0:t;/I LOT B/RE-5105
.71 /�° ' 1' RECP.#3784062
oi.
1
0 ,.
JOHNSON Z17 0
,.12 tn
O)1 • ADDITIONAL 80' RIGHT—OF—WAY
.� ACQUIRED 25,228.36 sf.± OR 0.58 ac.±
I 4t"1:;/2/1
�I "' fL
I 1
C /��° J'• MOORE
t588•40'44"W
1 I/4/ 80.00' LOT A/RE-5105
F.
X1,7 BANOWETZ
rf LOT A/RE-3938
R
SW COR HARMON
S7-74N-R64W
WELD COUNTY DEPARTMENT
RIGHT OF WAY 1 OF PUBLIC WORKS
ACQUISITION
40
,, WCR 49 CORRIDOR PROJECT
�
BETWEEN WCR 46&WCR 48
HONEBEIN
WCR 49 N T� --� PROJECT NO: SRP-26 SCALE: 1"=100
co�
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
■III1 IJ14itII Ifs'Vi KitiNIMIIKiVI Mimi, 11111
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