HomeMy WebLinkAbout20063059.tiff RESOLUTION
RE: AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO
SECTION 38-1-105, C.R.S., AGAINST JOHN M. HOUSTOUN AND WENDY L.
HOUSTOUN
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 Exhibit"A,"shown in the attached
Exhibit"Map A," and consists of approximately 3.048 acres, and
WHEREAS,in a"Real Property Appraisal Report,"dated June 6,2006,prepared by W.West
Foster,Certified General Appraiser,the value of the right-of-way to be acquired is$48,898.00,and
WHEREAS,said right-of-way is owned by John M. Houstoun Revocable Living Trust(50%)
and Wendy L. Houstoun Revocable Living Trust (50%), and
WHEREAS, negotiations with the Houstouns 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 Houstouns,and the Houstoun's attorney Kenneth F. Lind,and
two offertory letters mailed to the Houstouns by Mr. Lorenz by certified mail, the last being a"Final
Offer Letter,"dated September 22, 2006, giving the Houstouns to, and until, October 10, 2006, to
accept Weld County's offer of just compensation of$48,898.00, and
WHEREAS,to date, the Houstouns 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 County Attorney be,and hereby is,authorized to file a proceeding
in eminent domain, pursuant to Section 38-1-105, C.R.S., against John M. Houstoun and Wendy
L. Houstoun, in the Weld District Court to acquire the right-of-way described in Exhibit "A," and
shown on Exhibit"Map A."
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3436160 11/20/2006 02:26P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno.Clerk& Recorder
2006-3059
EG0054
AUTHORIZE FILING OF PROCEEDINGS IN EMINENT DOMAIN AGAINST JOHN M. HOUSTOUN
AND WENDY L. HOUSTOUN
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 COUNTY COMMISSIONERS
E.ILA WELD CO , COLORADO
ATTEST: &m2 '..C/ ' -771' .OIL+
=le. M. J. ile, Chair
:: . `
Weld ounty Clerk to th- d
c
David E. Long, Pro-Tem
BY.
Depu'1 Clerk t the Board '
William H. Jerke
APP� D AS T EXCUSED
Robert D. Masde
• oun y Attorney
Glenn Vaad
Date of signature:
MIME IIIII 11111 1111111 11111 III Hap BEM IIII
3436160 11/20/2006 02:26P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2006-3059
EG0054
DEED DESCRIPTION
PARCEL 3
SHEET 1 OF 3
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT WARRANTY DEED RECORDED JUNE
28, 1993 UNDER RECEPTION NO.02338653 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 PIS#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 I)Y SECOND AMENDED RECORDED
EXEMPTION NO.08071-1-RE326 RECORDED JUNE 2,1993 TN 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 FEF,1 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 CONTINUING S89°16'52"W,ALONG SAID SOUTH LINE,473.71 FEET TO A NON-TANGENT
CURVE WHENCE THE CENTER OF SAID CURVE BEARS N 12°18'00"E;
THENCE NORTHWESTERLY,ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 1270.00 FEE_I AND A CENTRAL ANGLE OF 24°50'16",550.54 FEET TO A POINT
ON THE WEST LINE OF SAID LOT"A",WHENCE THE SOUTHWEST CORNER OF SAID LOT"A"BEARS
S 01°06'41"E,234.63 FEET;
THENCE N 01°06'41"W,ALONG SAID WEST LINE,180.93 FEET,WHENCE THE NORTHWEST CORNER
OF SAID LOT"A"CONTINUES ALONG THE SAME COURSE 358.20 FEET;
THENCE S 51°40'04"E,88.47 FEEL TO A POINT OF TANGENT CURVE;
THENCE SOUTHEASTERLY,ALONG THE ARC OF SAID TANGENT CURVE.TO THE LEVI,HAVING A
RADIUS OF 1130.00 FEET AND A CENTRAL ANGLE OF 39°26'37",777.92 FEEL_;
THENCE N 88°53'19"E, 179.14 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE,ALSO BEING
THE EAST LINE OF SAID LOT"A";
THENCE S 01°06'41"E,ALONG SAID WEST RIGHT-OF-WAY LINE AND SAID EAST LINE,108.61 FEET
TO THE POINT OF BEGINNING.
CONTAINING 132,804 SQUARE FEET OR 3.0488 ACRES,MORE OR LESS.
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3436160 11/20/2006 02:26P Weld County, CO
3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
j EXHIBIT
8 /`f 2006-3059
DEED DESCRIPTION
PARCEL 3
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.
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3436160 11/20/2006 02:26P Weld County,
4 of 5 R 0.00 13 0.00 Steve Moreno Clerk& Recorder
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3436160 11/20/2006 02:2613 Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
et;4 WELD COUNTY ATTORNEY'S OFFICE
, i 915 TENTH STREET
�Ti� P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
October 19, 2006
John M. Houstoun
Wendy L. Houstoun
8962 Weld County Road 74
Windsor, Colorado 80550
Re: Resolution Authorizing Filing of
Proceedings in Eminent Domain
Dear Mr. and Mrs. Houstoun:
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 John M. Houstoun and Wendy L. Houstoun." 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. Emil
Assistant Weld County Attorney
Enc.
pc: Leon Sievers
Kenneth F. Lind, Esq.
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