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Home My WebLink About20063060.tiff j RESOLUTION RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-105, C.R.S., AGAINST DAVID E. SCHUMP AND ELIZABETH M. SCHUMP 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,Weld County is in need of acquiring additional right-of-way for improvements to a portion of Weld County Road ("WCR") 74, and WCR 19, and WHEREAS,said right-of-way is described in the attached Exhibits"A"and"B,"and shown in the attached Exhibit "Map A," and consists of approximately 3.083 and 0.499 acres, and WHEREAS,in a"Real Property Appraisal Report,"dated May 3,2006, prepared by W.West Foster,Certified General Appraiser,the value of the right-of-way to be acquired is$46,015.00,and WHEREAS,said right-of-way is owned by David E.Schump and Elizabeth M.Schump, and WHEREAS, negotiations with the Schumps have included several oral and written communications between Ron Lorenz of H.C. Peck and Associates, agent of the Weld County Department of Public Works, and the Schumps, and two offertory letters mailed to the Schumps by Mr. Lorenz by certified mail,the last being a"Final Offer Letter,"dated September22,2006,giving the Schumps to, and until, October 10, 2006, to accept Weld County's offer of just compensation of$46,015.00, and WHEREAS,to date,the Schumps have failed to respond to Mr. Lorenz's"Final Offer Letter." NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Weld CountyAttorney be, and hereby is,authorized to file a proceeding in eminent domain, pursuant to Section 38-1-105, C.R.S., against David E. Schump and Elizabeth M.Schump, in the Weld District Court to acquire the right-of-way described in Exhibits"A" and "B," and shown on Exhibit "Map A." 11111111111113 1111111 VIII III 1111111 III /11/11111 I'll 3436161 11/20/2006 02:26P Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2006-3060 pool C/8r, {{f �L EG0054 ( l -02ry_0(0 AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN AGAINST DAVID E.SCHUMP AND ELIZABETH M. SCHUMP PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 1st day of November, A.D., 2006. BOARD OF C UNTY COMMISSIONERS E za WELD CO TY, COLORADO ATTEST: 4' �►` ' , A S.1 i M. J. ile, Chair Weld County Clerk to th David E. Long, Pro-Tem BY: _ Depu Clerk ti the Bard William H. Jerke O D AS TO EXCUSED Robert D. Masd n ourSty At rney , 1.7 t,Lk Glenn Vaad Date of signature: Ill igl cc 1 1111111111111111111111111I I 11111111111111111 I I I! 34 36161 71 R10.00 2006 0 0.00 2:26P Weld Cunty, CO Steve Morenoo Clerk& Recorder 2006-3060 EG0054 DEED DESCRIPTION PARCEL 4 SHEET 1 OF 3 A PORTION OF TWO PARCELS OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED RECORDED SEPTEMBER 22,2003 UNDER RECEPTION NO.3108539 AND A SPECIAL WARRANTY DEED RECORDED JULY 24,2003 UNDER RECEPTION NO.3093729 TN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, THENCE S 89°16'52"W,ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 1513.92 FEET; THENCE S 00°43'08"E,DEPARTING SAID NORTH LINE,30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 AS DEFINED BY COMMISSIONER'S ACTION RECORDED JULY 19, 1881 IN BOOK 3 AT PAGE 8,ALSO BEING A NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 22°10'13"W,AND BEING THE POINT OF BEGINNING; THENCE SOUTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1270.00 FEET AND A CENTRAL ANGLE OF 16°09'44",358.24 FEET; THENCE S 51°40'04"F,276.90 FEET TO THE EAST LINE OF LOT"B"AS DEFINED BY SECOND AMENDED RECORDED EXEMPTION NO.0807-4-1-RE326 RECORDED JUNE 2, 1993 IN THE RECORDS OF THE COUNTY OF WELD IN BOOK 1385,PAGE 1222 AT RECEPTION NUMBER 02335160,WHENCE THE NORTHEAST CORNER OF SAID LOT"B"BEARS N 01°06'41"W,358.20 FEET; THENCE S 01°06'41"E,ALONG SAID EAST LINE, 180.93 FEET TO A POINT ON A NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS N 37"08'15"E; TIIENCE NORTHWESTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1270.00 FEET AND A CENTRAL ANGLE OF 01°11'41",26.48 FEET; THENCE N 51°40'04" W,365.37 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 1130.00 FEET AND A CENTRAL ANGLE OF 39°03'04",770.18 FEET TO A POINT BEING 70,00 FEET AS MEASURED PERPENDICULAR TO SAID NORTH LINE; THENCE S 89"16'52"W,PARAT r FL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER,644.25 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE N 01°36'07"W,ALONG SAID WEST LINE, 10.00 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF A SPECIAL WARRANTY DEED RECORDED DECEMBER 11, 1991 IN THE RECORDS OF THE COUNTY OF WELD AT RECEPTION NO. 02271912; 1111111 III It III VIII III 1111111 III III II IIII 3436161 11/20/2006 02:26P Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT El A2006-3060 DEED DESCRIPTION PARCEL 4 SHEET 2 OF 3 THENCE N 89°16'52"E,ALONG SAID SOUTH RIGHT-OF-WAY LINE,633.98 FEET TO A POINT ON A NON-TANGENT CURVE WHENCE THE CENTER OF SAID CURVE BEARS S 40°50'18"E; THENCE NORTHEASTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET AND A CENTRAL ANGLE OF 12°02'46",53.6I FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74 SAID POINT BEING 30.00 FEET AS MEASURED PERPENDICULAR TO SAID NORTH LINE; THENCE N 89°16'52"E,ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 74, 460.08 FEET TO THE POINT OF BEGINNING. CONTAINING 134,272 SQUARE FEET OR 3.0823 ACRES,MORE OR LESS. I,STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO IlEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO, 24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. 1111111111B11111111111111,1611,11111,111°1111111,3111111111 3436161 11120/2006 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION PARCEL 4A SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL.WARRANTY DEED RECORDED SEPTEMBER 22,2003 UNDER RECEPTION NO.3108539 IN THE RECORDS OF WELD COUNTY,SAID PARCEL SITUATED IN THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS;BEARINGS ARE BASED UPON NAD 83/92,COLORADO STATE PLANE NORTH ZONE WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 67 WEST BEARING N 01°22' 16"W BETWEEN A 3.25"ALUMINUM CAPPED MONUMENT MARKED WITH PLS#34995 ON THE SOUTHERLY END AND A 3.25"ALUMINUM CAPPED MONUMENT MARKED PLS#22098 ON THE NORTHERLY END. COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 4, THENCE N 01°06'41"W,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1792.58 FEET TO THE EXTENSION OF THE SOUTH LINE OF LOT"A"AS DEFINED BY SECOND AMENDED RECORDED EXEMPTION NO.0807-4-1-RE326 RECORDED TUNE 2, 1993 IN THE RECORDS OF THE COUNTY OF WELD IN BOOK 1385,PAGE 1222 AT RECEPTION NUMBER 02335160; THENCE S 89°16'52"W,DEPARTING SAID EAST LINE ALONG SAID EXTENSION,30.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 19 AS DEFINED BY COMMISSIONER'S ACTION RECORDED OCTOBER 14, 1889 IN BOOK 86,PAGE 273 IN THE RECORDS OF THE COUNTY OF WELD,ALSO BEING THE SOUTHEAST CORNER OF SAID LOT"A"AND THE POINT OF BEGINNING; THENCE•.S 01°06'41"E,ALONG SAID WEST RIGHT-OF-WAY LINE,590.18 FEET; THENCE N 05°05'50" W,359.66 FEET TO A POINT 25.00 FEET,AS MEASURED AT RIGHT ANGLES, WESTERLY FROM SAID WEST RIGHT-OF-WAY LINE; THENCE N 01"06'41"W,PARALLEL WITH SAID WEST RIGHT-OF-WAY LINE,200.00 FEET; THENCE S 88"53'19"W, 154.14 FEET TO A POINT OF TANGENT CURVE; THENCE NORTHWESTERLY,ALONG THE ARC OF SAID TANGENT CURVE.TO THE RIGHT,HAVING A RADIUS OF 1270.00 FEET AND A CENTRAL ANGLE OF 13°24'40",297.27 FEET TO A POINT ON THE NORTH LINE OF LOT"B"AS DEFINED BY SECOND AMENDED RECORDED EXEMPTION NO.0807-4-1- RE326 RECORDED,TUNE 2, 1993 IN THE RECORDS OF THE COUNTY OF WELD IN BOOK 1385,PAGE 1222 AT RECEPTION NUMBER 02335160; THENCE N 89°16'52"E,ALONG SAID NORTH LINE,473.71 FEET TO THE POINT OF BEGINNING. CONTAINING 21,740 SQUARE FEET OR 0.4991 ACRES,MORE OR LESS. 1111111 11111 11111 1111111 11111 III 1111111 III 11111 1111 1111 3436161 11/20/2006 02:26P Weld County, CO 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT tie DEED DESCRIPTION PARCEL 4A SHEET 2 OF 3 I.STEVEN A.DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER,COLORADO 80237 303-692-8838 'THIS DEED DESCRIPTION WAS PREPARED ON JANUARY 25,2006. IIIIII IIIII IIIII IIIII 1111111 IIIII 11141 3436161 11/20/2006 02:26P Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder i i 9133//S339 ``? >. II 4t'v\ I , 5 It ol = sm a I "c'N°'� iii `s6 <s IIF !I!J it (` I ; 'jRI� IN gS 1 vcct 4` yy,b p s l 1 : a. m 0� 3 • p or"ii -1 L_______ b _____ ,,:„,,,.: :, ® �sMr'r'sa"9'r�a.,1sn • I�et 'e'o'M a y ♦ F rL .� i { � Y!'1 t . : ,. ti -L- LLg! 1 N k ~~ 6 4 s !Lue , cit 3we i (: it 'k Aga m_ 18'. _ §i W O₹6 '. ��•!''0 Minx P6t • ♦•♦ n ®.'•`ifF 'ii N I- rg �] a la toi@ I `13 g 01-- k , 1$1t ` - i H i - lir' Di gal kg ail" la I to: 'A' p: F mild 8 $gagi la to I0arc '`4 ay�0 al *� a W Na7 t i 4g 1. r, / •,Mmre a el 6 e �3 14..��`•, , a .. WI ,C) O x o Vegmwo 2gki i l I �f•� Ni v / f o 3 r' U a'''3 .1. 6 it �oi t 3F 5W3:-.. 1 4'al'-1,F.. �L Y I�,;a; # lilt f 3n�ac6f gilt.,... ,�6'I',8X v „� 6 War Y^•l , II -I 1,133HS338 1 111111 11111 131 111111111111111 1111111 11111111 1111 1111 3436161 11/20/2006 02:26P Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ((ete-j‘i. :3 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 C WEBSITE: www.co.weld.co.us O PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO October 19, 2006 David E. Schump Elizabeth M. Schump 8612 Weld County Road 74 Windsor, Colorado 80550 Re: Resolution Authorizing Filing of Proceedings in Eminent Domain Dear Mr. and Mrs. Schump: Enclosed is a copy of a resolution to be considered by the Board of County Commissioners of Weld County on Wednesday November 1, 2006, at 9:00 a.m., at the Board's regular meeting in the First Floor Meeting Room, Weld Centennial Center, 915 10th Street, Greeley, Colorado. The resolution is entitled, "Authorize Filing of Proceedings in Eminent Domain, Pursuant to C.R.S. § 38-1-105, against David E. Schump and Elizabeth M. Schump." You may attend the meeting to give any input you may have. If you have any questions regarding this letter or the enclosed, please call me at (970) 356-4000, ext. 4394. Mr. Leon Sievers may be contacted at (970) 304-6496, ext. 3785. Sincerely, Craig A. mil Assistant Weld County Attorney Enc. pc: Leon Sievers Hello